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HomeMy WebLinkAboutMinutes City Council - 04/05/1994I 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 April 5, 1994, which were approved by the City Council on April 19, 1994. WITNESSETH MY HAND AND SEAL, this 27th day of April, 1994. Armando Chapa City Secretary SEAL '�'('TOFILMfa MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 5, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Clif Moss David Noyola Deputy City Manager Bill Hennings City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Charles Wilson, Flour Bluff Church of Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Galindo. 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 Rhodes called for approval of the Minutes of the Regular Council Meeting of March 29, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes announced a presentation by Ms. Elizabeth Kirkland, Library Board. Ms. Kirkland informed the Council that the Texas Library Conference will be held in Corpus Christi April 12-16, 1994. She commented on the various events to be held and invited the Council to attend. She then distributed programs to the Council. Minutes Regular Council Meeting April 5, 1994 Page 2 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Enterprise Zone Committee Roland Gaona Airport Advisory Board Wallace Lundgren - reappointed Bennett Okoh Jackie Rowling Board of Adiustment August Meinrath - reappointed Patrick Veteto - reappointed Steve Ortmann - reappointed Jesse Barrera - reappointed Edward Gonzalez Diana Z. Garza (alternate) Toni Tamez (alternate) Building Standards Board Thomas Stegall Coastal Bend Health Facilities Development Corporation Jack Solke - reappointed Jack Cooper - reappointed Judy Telge - reappointed Ronald Karchmer - reappointed Housing Authority Augustin Rivera - reappointed Kay White - reappointed Municipal Arts Commission George Dunson Oil & Gas Advisory Committee Servando Dimas Don Kersting Annie J. Castro - reappointed Derek Wittliff - reappointed Dan Winship - reappointed Minutes Regular Council Meeting April 5, 1994 Page 3 Pipeline Review Panel Ronald Albrecht Albert Espinosa, Jr. B.G. Harwell Jim Simmons Mayor Rhodes stated that the community representative appointment would be held at a later date. Transportation Advisory Committee Walter DeVille - reappointed Joseph Gardner, M.D. Ray Madrigal Mayor Rhodes called for consideration of items from the Regular Agenda and opened discussion on Item 2, authorizing the award of a contract to KPMG Peat Marwick to perform the financial and compliance audit. Council Member McNichols suggested that the Charter be amended to conduct the audit biannually. He expressed the opinion that a yearly audit was not essential. Council Member Galindo stated that the audit provides information to the Council of improvements to be made by city staff and felt that the audit should be conducted annually. Council Member Martin explained the importance of conducting an annual audit. He further stated that potential problems could be avoided by addressing them in a timely manner. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2. M94-090 Motion authorizing the award of a contract KPMG Peat Marwick to perform the financial and compliance audit for fiscal year ending July 31, 1994. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting April 5, 1994 Page 4 Mayor Rhodes announced the discussion on Item 3, resolution expressing the strong opposition of the City of Corpus Christi to H.R. 3636 and any other legislation which would restrict the right of local governments to require franchises or to charge franchise fees for the use of their public streets, easements, and property by telephone companies engaging in the cable television business. Deputy City Manager Hennings stated that Council had requested preparation of the resolution and presented a brief overview. Council Member Moss expressed support of the resolution and stated that the City should be reimbursed for services rendered. Council Member McNichols stated that "most" in the resolution should be changed to "many." Council Member Best made a motion to amend the resolution to incorporate the change suggested by Dr. McNichols, seconded by Mr. Moss, and passed unanimously. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 021910 Resolution expressing the strong opposition of the City of Corpus Christi to H.R. 3636 and any other legislation which would restrict the right of local governments to require franchises or to charge franchise fees for the use of their public streets, easements, and property by telephone companies engaging in the cable television business. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Returning to Item G, Board and Committee Appointments, Mayor Rhodes stated that the Municipal Arts Commission had requested that Ms. Ruth Delmar Sullivan be designated as an Honorary Member for her contributions to the commission and the Arts. Council Member Martin moved that Ms. Sullivan be designated as an Honorary Member, seconded by Council Member Best and passed unanimously. Mayor Rhodes asked that a certificate of appointment be prepared for Ms. Sullivan. Minutes Regular Council Meeting April 5, 1994 Page 5 Mayor Rhodes opened the discussion on Item 4, approving a contract with Texas Natural Resource Conservation Commission and Laidlaw Environmental Services. Deputy City Manager Hennings gave an overview of the contract and stated that the grant funds would enable the City to conduct another Household Hazardous Waste Collection Day to be held on Saturday, April 23, 1994, in conjunction with Earth Week (April 18-22, 1994). He commented on the success of the previous Collection Day held several months ago. He further stated that the grant funds received in 1993 were used to construct the Household Hazardous Waste facility at the landfill. Mr. Bob Bruner, Director of Solid Waste Services, commented on the application to reissue remaining grant funds to the city, the accomplishments of the previous Collection Day, and the anticipated turnout for this year. He stated that several local businesses would be involved in the Collection Day. Responding to Council Member Longoria, Mr. Bruner replied that automotive products, gardening and agriculture pesticides, paints, and household cleaning fluids will be accepted for disposal. Mrs. Longoria then inquired if additional funds would be received from the grant and if other counties were involved. Mr. Bruner stated that no other funds would be received, but that other counties have contributed to the grant. Council Member Martin inquired if citizens in Nueces County and surrounding counties would be able to utilize the Collection Day. Mr. Bruner replied in the affirmative, but stated that commercial operators would be prohibited. A brief discussion ensued regarding costs associated with the Collection Day. Mr. Martin expressed concerns about the citizens of the city subsidizing the Collection Day event which other counties would utilize. Mr. Bruner stated that General Fund monies would be used for the program. Deputy City Manager Hennings stated that funds for the program had not been specifically identified but that funding would be from either the General Fund or the Storm Water Drainage Utility Fund. He further stated that it was not the intent of the City to have their citizens subsidize the program. Council Member Melody Cooper encouraged the use of grant funds for the continuation of the program. Responding to Mrs. Cooper, Council Member McNichols stated that after the grant funds have been exhausted, the citizens will pay for the federally mandated program. Mr. Hennings explained that the State currently uses two sources of funds which will be depleted this year, at which time, the program will be discontinued unless new sources of funds are identified. Council Member Longoria expressed concerns about the unavailability of funds for continuance of the program. Mr. Bruner stated that the current funding source would Minutes Regular Council Meeting April 5, 1994 Page 6 discontinue, but that another household waste program is available through Robstown, Texas for rural areas. Mrs. Longoria inquired if the utility rate increase partially funded the program. Mr. Hennings stated that the program has been entirely funded by the State. In response to Mr. Martin's concerns about the non-competitive selection of Laidlaw Environmental Services, Mr. Hennings stated that the contractor had prior experience in Austin, Texas and in the previous Collection Day event. Mr. Martin commented on the yearly costs associated with items on the day's agenda which were mandated by the State. Mayor Rhodes called for comments from the audience. Mr. Leon Perez, 904 Buford, expressed concern regarding the contract with Laidlaw Environmental Services. He stated that the company would possibly dispose of hazardous waste from other cities in the local landfill. In reference to Mr. Perez' concerns, Mr. Martin inquired about the disposal of hazardous waste. Mr. Hennings replied that the materials are either recycled or disposed of in authorized disposal facilities under the supervision of the Texas Natural Resource Conservation Commission and the U.S. Environmental Protection Agency. Council Member Best suggested that the citizens should be informed about the effects of unfunded mandates. Council Member Noyola supported the approval of the contracts and requested information regarding the results of the recycling efforts. City Secretary Chapa polled the Council for their votes as follows: 4. M94-091 Motion to approve a Texas Natural Resource Conservation Commission (TNRCC) grant contract to fund the Household Hazardous Waste Program, and a contract with Laidlaw Environmental Services for Household Hazardous Waste Disposal Services. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for discussion on Item 5, approving modifications to the storm water permit application. Minutes Regular Council Meeting April 5, 1994 Page 7 Deputy City Manager Hennings presented an overview of the original application which would reduce the pollutants in the water. He stated that the application had been reviewed by the Environmental Protection Agency (EPA) which requested modifications involving additional resources. He discussed the modifications which included removal of litter from drainage ditches, maintenance of silt fences for major street repairs, training of personnel applying herbicides, pesticides, and fertilizers, and the household hazardous waste collection and disposal. Mr. Hennings explained the requirements of the EPA for the service of a daily household hazardous waste collection and disposal site, and collections within the neighborhoods. He stated that the City has not reached a compromise with the EPA regarding this issue. He further stated that the City will propose a reasonable response which will meet the goal of the program. He further stated that the EPA has concluded that the response will not be sufficient. Mayor Rhodes inquired about the reasons for submitting the modification if the EPA will not approve it. Mr. Hennings stated that the City is hoping that the EPA will consider the modification. Mrs. Rhodes then inquired about the differences in costs of the EPA requirement and the City's proposal. Mr. Hennings replied that the EPA requirement would cost approximately $2 million per year. In response to Council Member McNichols, Mr. Hennings stated the Storm Water Utility will be on-line August 1, 1994. Dr. McNichols inquired about the status of other cities and their problems associated with the mandate. Mr. Hennings replied that other cities are facing the same obstacles. Dr. McNichols inquired about the wet weather monitoring currently being conducted by the City. Mr. Hennings stated that the City would need to collect data for several years to identify pollutants and deal with those issues. Dr. McNichols commented that compliance with the mandates will eventually require the establishment of another Utility Fund which will be funded through fees paid by the citizens. Council Member Galindo spoke unfavorably of the EPA and inquired about the silt requirements. Mr. Hennings explained that the Street Department would be responsible for the silt fences. A brief discussion ensued regarding silt fences. Mr. Galindo expressed opposition to the silt requirements and stated that he would not support the motion. Mayor Rhodes explained that the motion supports an alternative to the EPA requirements. Mr. Galindo stated that he did not wish to vote on an item that would increase costs, and that the motion was not well -supported. Mayor Rhodes further explained the differences between the EPA requirements and the proposed modifications. Minutes Regular Council Meeting April 5, 1994 Page 8 In response to Council Member Melody Cooper, Mr. Hennings stated that the City does not currently have a program for cleaning litter in the drainage systems or silt fence requirements. Mrs. Cooper stated that citizens should voice opinions to their Congressmen regarding the mandates. Council Member Martin inquired about the proposal to establish the Storm Water Utility. Mr. Hennings explained the process. Mr. Martin specifically inquired about the various alternatives to be discussed by the Council. Mr. Hennings replied that the public hearing scheduled for May would entail discussions of the funding of the Storm Water Utility. He stated that a method currently used in San Antonio, Texas would be addressed as an alternative. Mr. Martin requested information regarding funds which have been committed from the future Storm Water Utility. Responding to Mr. Martin, Mr. Hennings stated that other cities have general requirements from the EPA such as the household hazardous waste collection and disposal and the silt fences, but that specific requirements vary. Mr. Martin inquired about the results of the water quality monitoring program. Mr. Hennings replied that some results are available, but that on-going monitoring and evaluation would provide sufficient data to identify issues which would be addressed in the next storm water permit application. In response to Mr. Martin's inquiries about the quality of water, Mr. Hennings replied that the levels of pollutants found in the water are above some guidelines, and the City will attempt to identify sources of the pollutants. Mr. Martin then commented on the differences between EPA and City funding requirements. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M94-092 Motion approving modifications to the storm water permit application, part 2, for submission to the U.S. Environmental Protection Agency. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No." Mayor Rhodes announced the discussion on Item 6, amending Chapter 18, Fire Prevention Code. Minutes Regular Council Meeting April 5, 1994 Page 9 Fire Chief J.J. Adame reviewed the changes to be made to the current Fire Code by the adoption of The Standard Fire Prevention Code, 1991 Edition, with local revisions. He then explained the significant changes. Responding to Mayor Rhodes' inquiries regarding barbecue pits, Mr. Adame replied that the changes were primarily for multi -family dwellings, but that homeowners would be included. He then clarified wording in the Code. Council Member Moss inquired about the requirements of fire walls in multi -family dwellings. Mr. Adame responded that the size of the dwelling would determine the necessity for a fire wall. He pointed out that the Code would require fire walls to be labeled. Mr. Moss then inquired if changes would be required of local businesses and refineries regarding storage of hazardous materials. Mr. Adame stated that they were adhering to current rules and regulations with no problems. Mayor Rhodes commented on the requirements regarding barbecue pits, and Mr. Adame stated that the requirements were reasonable. She further stated that if the change to the ordinance specifically identified multi -family dwellings, it should be addressed separately. Deputy City Manager Hennings explained the wording of the Code. Council Member Galindo expressed opposition to the barbecue pit requirements. He then inquired whether the permitting fees had increased. Mr. Adame stated that the fees were adopted in July, 1993. Council Member Martin expressed concern of increased costs to the local schools because of the requirements for installation of smoke detectors. He felt that citizens would criticize the additional costs. Mr. Adame stated that the installations would cost approximately $150 per smoke detector. Mr. Martin commented about local parks with barbecue pits under enclosures. He inquired about the wording of the Code regarding barbecue pits. City Attorney James Bray explained. Mr. Martin then stated that he understood the Code would address multi- family dwelling structures. A discussion ensued regarding the dangers of barbecue pits. Responding to Mr. Martin, Mr. Adame stated that the ordinance would be enforced if the Fire Department receives any complaints. Council Member McNichols voiced concems of the increase in penalties regarding possession of fireworks by children. He inquired if the change to the Code addressed organizations sponsoring fireworks displays. Mr. Adame replied that the Code was not Minutes Regular Council Meeting April 5, 1994 Page 10 directed towards organized fireworks displays. Dr. McNichols again expressed concem on the penalties for possession. Mr. Galindo inquired if multi -dwelling owners could establish their own rules and regulations on barbecue pits. Mr. Adame replied in the affirmative and stated that it was also the City's responsibility. Mr. Galindo voiced opposition to interference by the local government and suggested that the section regarding barbecue pits be deleted. Mayor Rhodes commented that the ordinance is needed, but suggested that the section on barbecue pits be reworded and brought back to Council. Returning to Dr. McNichols' concerns, Mr. Hennings stated that fines were changed because State law allowed the maximum fine of $1,000.00. Council Member Best inquired about discussion and adoption of the changes. Mr. Adame replied that the Fire Department and staff agreed upon the changes and felt that they were reasonable. Council Member Noyola suggested that the current law be enforced by posting police officers at city limits where fireworks are sold. Council Member Longoria expressed concerns about barbecue pits located within buildings, and Chief Adame stated that those items would be addressed separately. Mayor Rhodes called for comments from the audience, and there were none. Mrs. Rhodes made a motion to postpone the ordinance and instructed staff to reword the section regarding barbecue pits, seconded by Mr. Galindo. A discussion ensued regarding rewording of the ordinance on the barbecue pit section. Mr. Martin requested information about last year's fires of single-family dwellings involving barbecue pits. Mr. Noyola requested information about fireworks violations. Mayor Rhodes called for a voice vote on the motion to table the ordinance with rewording of the barbecue pit section. The motion passed unanimously. 6. POSTPONED Minutes Regular Council Meeting April 5, 1994 Page 11 Mayor Rhodes opened the discussion on Item 7, motion approving Amendment No. 1 with Shiner, Moseley and Associates, Inc. to provide additional design and construction services associated with the 1993 Marina Improvements. Mr. Tom Utter, Group Manager, Development Service, reviewed the changes associated with Amendment No. 1. He discussed the progress of the construction on the piers. Responding to Council Member Moss' concerns about the increase in costs and the projected completion date, Mr. Utter replied that the construction work has tripled and the project would be completed by the beginning of 1995. Council Member Galindo inquired about the funding for the project. Mr. Utter explained that funds were obtained from the 1992 Bond Sale and from the 1992 Issuance of Certificates of Obligation. A brief discussion ensued relating to availability of funds for the improvements. Mr. Galindo inquired about the bidders' knowledge of funding source for the construction, and Mr. Utter replied that bidders were requested to bid on improvements to six piers and cost of floating piers. He stated that not all bidders responded to the cost of the floating piers. Mr. Galindo further inquired if the size of the project had increased. Mr. Utter replied that it had not. Mr. Galindo requested information on the award of bid for the floating piers. Council Member Martin inquired about the amount of work completed on the project. Mr. Utter replied that a vast majority of the design work has been completed, but none of the construction supervision and material inspection has been done. Mr. Martin further inquired about the delay in advising Council of the additional design services. Mr. Utter replied that Council should have been informed at an earlier date. In response to Mr. Martin's inquiry conceming authorization of change orders, Mr. Utter stated that the maximum allowed for approval by City staff is $15,000. City Attorney James Bray commented that this has been the city's practice on issuing change orders. Mr. Martin expressed concern regarding expenditures associated with the installation of locker boxes which were not approved in the original contract. Mr. Utter explained the necessity for the locker boxes. Mr. Martin then inquired about the methods used to change the contract to include the installation of locker boxes. Mr. Bray stated that he had not reviewed the entire contract, but that the methods had been applied by the City on numerous occasions. Mr. Martin further commented on previous requirements of deductive change orders to be approved through Council action. Minutes Regular Council Meeting April 5, 1994 Page 12 Council Member Best inquired about the structural integrity of the floating piers following a hurricane and their life expectancy. Mr. Utter replied that the piers would endure high waters associated with a hurricane and would last a minimum of 25 years. Council Member McNichols supported marina improvements because it is considered a primary asset of the City. Mayor Rhodes agreed on the marina improvements but felt that the procedures used to change the contract were inappropriate. Mr. Galindo expressed support of the improvements. He further requested that the City Manager address the issue of exercising proper procedures to change contracts. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M94 093 Motion approving Amendment No. 1 to the Engineering Services Contract with Shiner, Moseley and Associates, Inc. in the amount of $53,800 to provide additional design and construction services associated with the 1993 Marina Improvements - Piers "A", "B", "C", and "D" at Lawrence Street T -Head project. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes announced the discussion on Item 8, purchase of daily cover dirt for the Elliott Landfill. Council Member McNichols inquired about the funding for the purchase of dirt and suggested that the purchase of cover dirt be adopted in the operating budget. Deputy City Manager Hennings replied that the daily cover dirt would be purchased for the Elliott and Westside Landfill and should be included in the operating budget, but that the Westside Landfill requirements were eligible to be charged to the Bond Fund. Dr. McNichols further inquired about the previous purchase of cover dirt for the Westside Landfill. Mr. Hennings stated that purchase of the dirt will address the closure requirements at the Westside Landfill, and the remaining dirt will be used for the daily cover at the Elliott Landfill. He further stated that the closure of the Elliott Landfill will be handled through the excavation of clay material from the new landfill. Dr. McNichols again suggested that the purchase of dirt be included as a budget item. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting April 5, 1994 Page 13 Mr. Leon Perez, 904 Buford, commented on the dirt from the Elliott Landfill and suggested that the city use dirt from the new landfill as cover dirt for the Elliott Landfill. Mayor Rhodes commented that dirt from the Elliott Landfill had been sold. She further stated that the city was not previously mandated to use cover dirt at the landfill. She stated that the city had not yet begun construction of the new landfill to acquire dirt for the Elliott Landfill. Responding to Mr. Perez, Council Member Martin stated that there was not enough cover dirt in the new landfill to be utilized for the Elliott Landfill and further discussed dirt and digging requirements as mandated by law. City Secretary Chapa polled the Council for their votes as follows: 8. M94-094 Motion approving a supply agreement for the purchase of approximately 360,000 cubic yards of daily cover dirt for the Elliott Landfill in accordance with Bid Invitation No. BI -0147-94 with Bay, Inc. of Corpus Christi, Texas. Bid award is based on low bid of $1.44/cubic yard, totaling approximately $518,400. Term of the contract will be twelve months, with the option to extend for up to twelve additional months, subject to approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the pubic hearing on the proposed closure of a portion of the right-of-way of Sam Rankin Street. Deputy City Manager Hennings informed Council that the portion to be closed would be used for the Northside Primary Care Center site. Mayor Rhodes called for comments from the audience, and there was none. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 021911 Ordinance closing and abandoning a 13.72 -foot wide by 159.62 -foot long portion of Sam Rankin Street right-of-way extending north of Martin Luther King (I.H. 37); Minutes Regular Council Meeting April 5, 1994 Page 14 subject to the compliance with the specified conditions; and replatting the property within 180 days. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 19, and Council Members requested that Items 12, 13, 14, 15, 17.a, 17.b., 18, and 19 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M94-095 Motion approving the purchase of 41,000 feet of fiber optic cable in accordance with Bid Invitation No. BI -0137-94, from Clifford of Vermont, Bethel, Vermont for the amount of $72,160, on the basis of lowest and best bid. The cable will be used by Traffic Engineering and Street Services Departments, and funds are budgeted in FY 1993-94. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent. 11. M94-096 Motion authorizing the acquisition of a parcel of land located on 18th Street between Ayers and Cole Streets from Richter Baking Company, for $17,000, in connection with the Wynn Seale School Area Street Improvements, Phase II Project. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent. 16. RESOLUTION NO. 021912 Resolution authorizing the City of Corpus Christi's grant application for Traffic Light Synchronization (TLS -III) Program funding and execution of a grant agreement with the State of Texas, the proceeds of which will be applied to partial funding for optimization of traffic signal timing plans for the City's "closed loop" traffic signal systems. Minutes Regular Council Meeting April 5, 1994 Page 15 The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent. Mayor Rhodes called for discussion of Item 12, construction of minor storm drainage improvements, and Item 13, installation of a new sludge de -watering filter belt press. Council Member Moss inquired about the price difference of Items 12 and 13. Mr. Carl Crull, Director of Engineering Services, replied that Item 12 involves survey work and Item 13 is the purchase of a piece of equipment. Mr. Moss further inquired about the percentage for construction contingencies. Mr. Crull stated that accurate costs are difficult to identify for this type of construction. Mayor Rhodes called for comments from the audience, and there was none. Council Member McNichols inquired about the price difference between Item 13 and the previous purchase of a filter belt press. Mr. Crull replied that there was a slight increase. City Secretary Chapa polled the Council for their votes as follows: 12. M94-097 Motion awarding a contract in the amount of $58,385 to Mendez Construction Company to construct minor storm drainage improvements on Westway Drive between Omaha and Cantwell Drives, as part of the Minor Storm Drainage Improvements - 1994 Project. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 13. M94-098 Motion awarding a contract in the amount of $364,200 to R.S. Black Civil Engineers and Constructors and Machinery and Materials, Inc., a joint venture, for the installation of a new sludge de -watering filter belt press at the Oso Water Reclamation Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Council Meeting April 5, 1994 Page 16 Council Member Cooper asked for an explanation on the concept of the linear parks system related to Item 14, Participation Agreement with Tri-Star Development. Mr. Carl Crull, Director of Engineering Services, stated that the concept originated with the desire to link the neighborhoods with a bike path and sidewalk area along the Oso Parkway. He further stated that other areas were utilizing the concept of the system. Responding to Mrs. Cooper's inquiry about the completion of the parks, Mr. Crull stated that it would depend on future fund availability. Council Member McNichols expressed opposition to the concept and stated that the resources should be used elsewhere. Council Member Moss inquired about the paving standards used for the development of the system. Mr. Crull replied that paving standards which were in effect prior to January, 1994 would be used. In response to Council Member Best's concerns, Mr. Crull stated that the majority of the Oso Parkway would be developed. Dr. Best further inquired about compliance with EPA regulations on excavation of the area. Mr. Crull replied that the Army Corps of Engineers, along with local representatives, were currently conducting a study of the wetlands. A brief discussion ensued. Council Member Galindo expressed opposition to the development of the Oso Parkway. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M94-099 Motion authorizing the City Manager to execute a Participation Agreement with Tri- Star Development, Inc. for improvement to Norwich Court of which the City's share of costs is $50,550.64. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No." Mayor Rhodes called for discussion of Item 15, preparation of a comprehensive Sanitary Sewer Evaluation Survey. Minutes Regular Council Meeting April 5, 1994 Page 17 Council Member McNichols commented on the expenditure which was mandated by an Enforcement Order. He expressed the opinion that the City was not responsible for wastewater overflow which is the subject of the Order. Council Member Martin inquired if the selection of the contractor met policy requirements. Mr. Carl Crull, Director of Engineering Service, explained the policy and stated that the specialized work in the evaluation would require services from outside the City. Mr. Martin commented about the adherence to City policy. Deputy City Manager Hennings presented an overview of the contract and stated that the issue dealing with local participation was not addressed in the agenda memorandum. Responding to Council Members inquiries regarding the construction of the Southside Wastewater Treatment plant, Mr. Hennings briefly outlined the memorandum included in the City Council Information Transmittal. A discussion ensued regarding the treatment plant master plan studies, funding requirements, site selection, and the beginning of construction. Council Member Galindo commented on the cost-effective methods of construction of a treatment plant. Mayor Rhodes called for comments from the audience, and there was none. 15. M94-100 Motion authorizing the City Manager to execute a contract for engineering services in an amount not to exceed $153,825 with ADS Environmental Services, Inc. to prepare a comprehensive Sanitary Sewer Evaluation Survey of the wastewater collection system within two targeted areas of the Oso Service Area as mandated through an Enforcement Order issued by the Texas Natural Resource Conservation Commission. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola voting "No." Mayor Rhodes called for discussion of Items 17.a. and 17.b. regarding annexations. Responding to Council Member Martin's clarification on the purpose of the annexation, Deputy City Manager Hennings stated that if the property were annexed, the law would allow the use of three billboards. Mr. Hennings then asked Mr. Brandol Harvey, Director of Planning & Development, to explain proposed changes to the Zoning Ordinance. Minutes Regular Council Meeting April 5, 1994 Page 18 Mr. Harvey explained that the property in question would require annexation before it could be zoned for billboard usage. He then stated that the proposed change to the Zoning Ordinance would address the issue on the frequency of billboard usage either inside or outside the city limits. Mayor Rhodes inquired if the applicant was aware of the proposed change. Mr. Harvey replied that he did not have personal contact with the applicant but that she had attended the public hearing on the annexation. He further stated that the applicant was aware of the process before billboards could be erected. Mr. Martin inquired about the property being pre -zoned. Mr. Harvey explained that the property would not be pre -zoned or automatically zoned after it has been annexed. He stated that a public hearing must be held for the Council to determine the zoning. In response to Mr. Martin, Mr. Harvey stated that the Planning Commission recommended denial of the "1-2" zoning, and in lieu thereof, zoned "B-4" with a Special Permit to allow billboards but limit the number of billboards. Deputy City Manager Hennings presented a brief outline for future action relating to the property. Mr. Martin expressed concerns about the current and proposed use of the property. He commented that the only thing the annexation would accomplish is to allow the use of more billboards. Mr. Harvey stated that the billboard company requested the annexation, and the erection of the billboards would fill in the gap between the city limits and the industrial district. Council Member Longoria expressed opposition to the annexation and stated that she did not favor a "billboard alley." Mr. Harvey explained that a zoning option exists which would prohibit billboard usage on the property. A brief discussion ensued. Council Member McNichols inquired about the owner's purpose of the annexation. Mr. Harvey explained that the billboard agency requested the annexation for the use of multiple billboards. Council Member Cooper stated that she would abstain. Mayor Rhodes called for comments from the audience, and there were none. 17.a. FIRST READING ORDINANCE Annexing a 13.46 acre tract of land platted as Wood River Unit 10 out of a 205.80 acre tract conveyed by Bess L. Hurd et vir to Nina G. Stewart in the Mariano Lopez De Herrera Grant, Abstract 606 Nueces County, Texas, recorded in Volume 55 Page 172 and 173 Nueces County Plat Records, Nueces County, Texas. Minutes Regular Council Meeting April 5, 1994 Page 19 The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Cooper and Martin abstaining. 17.b. FIRST READING ORDINANCE Annexing a 7.65 acre tract, a strip of land, comprised of public right-of-way, a portion of Sharpsburg Road and railroad right-of-way, owned by the Union Pacific Railroad Company and coming out of the Gregorio Farias Grant, Abstract No. 592, in Nueces County, Texas described in Volume 1754, Page 634 of the deed of records of Nueces County, Texas. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper abstaining. Mayor Rhodes opened the discussion on Item 18, revisions to the Animal Control ordinance. Responding to Council Member Galindo, Deputy City Manager Hennings clarified the purpose of the ordinance and stated that there were no objections or comments relating to the changes in the ordinance. He further stated that proper notice had been given. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6, Animal Control, Section 6-2, Definitions; Section 6-3, Animal Control Section and Supervisor, concerning payment of monies collected; Section 6-12, License and Permit Revocation, administrative proceedings; Section 6-18, Commercial Permits, to set a commercial permit fee and to specify certain regulations for rodeos and making a minor correction to the section; Section 6-21, Impoundment, clarifying a basis for impoundment, specifying an additional means of notification of owner, specifying a new category of impoundment fee, specifying that a license fee may have to be paid to redeem an impounded animal, and making a minor correction to the section; Section 6-23, Animals Biting and/or Exhibiting Symptoms of Rabies; to specify that the owner of an animal which is not quarantined shall be responsible for paying the costs of preparing and shipping such an animal's head or brain to an appropriate laboratory; Section 6-31, Performing Animal Exhibitions, to apply to rodeos; and providing for publication. Minutes Regular Council Meeting April 5, 1994 Page 20 The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 19, lease of the Kiwanis Softball Field and J.C. Softball Field. Council Member Moss urged that Council not approve the lease because it would violate the informal lease agreement with The Grandstands executed last year. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 021913 Authorizing the City Manager or his designee to execute a one-year lease of Kiwanis Softball Field and J.C. Softball Field with the Corpus Christi Softball Association. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Noyola voting "Aye"; Moss voting "No." Mayor Rhodes announced the dosed sessions as follows: 20. Closed session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. U.S. West Communications Services, Inc., et al, No. 92- 4804-E, 148th District Court, Nueces County, Texas; with possible action in open session approving settlement thereof. 21. Closed session pursuant to Texas Government Code Section 551.071 regarding Lauro V. Garcia et al v. City of Corpus Christi et al, No. 93-5089-C, 94th District Court, Nueces County, Texas, with possible action in open session approving settlement thereof. The Council went into closed session. The Council returned from closed session. Minutes Regular Council Meeting April 5, 1994 Page 21 Pursuant to Item 20, Mayor Rhodes made a motion as follows: authorizing the City Manager to execute a Settlement Agreement in City of Corpus Christi v. U.S. West Communications Services, Inc., et al, No. 92-4804-E, 148th District Court, Nueces County, Texas, by which U.S. West will pay the City $375,000 and write off all outstanding invoices on the municipal court computer system and the city will keep all computer hardware and return all software related to the municipal court system in accordance with the settlement negotiated by the city's attorney. The motion was seconded by Council Member McNichols. City Secretary Chapa polled the Council for their vote on the motion, and the motion passed as follows: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting "Aye"; Longoria, Martin, and Noyola absent. (M94-101). In reference to Item 21, Mayor Rhodes made a motion as follows: authorizing the City Manager to execute a Settlement Agreement in Lauro V. Garcia et al v. City of Corpus Christi et al, No. 93-5089-C, 94th District Court, Nueces County, Texas, for payments by the City with a present value of $319,000 and release of all claims against the City in accordance with the settlement agreement negotiated by the city's attorney. The motion was seconded by Council Member McNichols. City Secretary Chapa polled the Council for their vote on the motion, and the motion passed as follows: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting "Aye"; Longoria, Martin, and Noyola absent. (M94-102). Mayor Rhodes called for the City Manager's report. Deputy City Manager Hennings informed the Council that City Manager Juan Garza was recuperating at home from his illness and was doing better. He also stated that he would be traveling to New York on April 6 to visit the bond rating agencies. Mayor Rhodes reminded Council that the April 12, 1994 meeting had been cancelled and that she would be accompanying Mr. Hennings to New York. Mayor Rhodes called for Council concerns and reports. Council Member Galindo distributed information on Texas Agriculture Commissioner Rick Perry who opposes the Coastal Management Plan endorsed by Texas Land Commissioner Garry Mauro. He expressed his desire to invite Mr. Perry to inform the Council on his views about the Plan. Minutes Regular Council Meeting April 5, 1994 Page 22 Council Member McNichols inquired about the revised Coastal Management Plan, finalizing the regulations, and the schedule of the public hearings. Deputy City Manager Hennings replied that the Council will be provided a position paper at the April 19, 1994 Council meeting to determine the strategy at the public hearing scheduled for April 21, 1994 in the Council Chambers. Mr. Galindo commented that Mr. Mauro had an opportunity to address the Council, therefore, Mr. Perry should be given an opportunity to address his views on the Coastal Management Plan. He stated that the Council should hear both sides of the issue before the Council determines its position on the Plan. Dr. McNichols stated that specific areas of the report need to address affects on the City. He expressed concern about the Coastal Conservation Council's authority. Mr. Galindo requested information regarding the "Keep Texas Beautiful" project to be conducted by Solid Waste Services. Responding to Council Member Moss' concerns regarding opposition to the Coastal Management Plan, City Attorney Bray explained that hearings have been scheduled for presentations by the City, Council Members' input, and citizen input. Mr. Moss inquired about any recourse against the Coastal Conservation Council's decision regarding the Plan. Mr. Bray stated that adopted regulations could be challenged in court. Council Member Best inquired about the status of the Holly Road right-of-way in conjunction with the Texas Department of Transportation project. Mr. Tom Utter replied that the City is awaiting approval of discontinuance of railroad service to remove the rails. Council Member Best requested staff to investigate complaints of a house located at 4946 Jo Ann Street. Council Member McNichols requested additional information regarding the sales tax rate issue in the City of San Antonio, Texas, and the arrangements between the City and the transit authority to build the Alamodome. Council Member Moss inquired about the status of the paving on Clifford Street. Mr. Utter stated that the paving would be replaced by concrete sections. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:22 p.m. on April 5, 1994.