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HomeMy WebLinkAboutMinutes City Council - 06/14/1994I 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 June 14, 1994, which were approved by the City Council on June 21, 1994. WITNESSETH MY HAND AND SEAL, this 22nd day of June, 1994. Armando Chapa City Secretary SEAL MICROFILMED. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 14, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Jack Best Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by the Rev. E.F. Bennett, following which the Pledge of Allegiance to the Flag of the United States was led by John Wilder, a participant in the People to People program. 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 May 31, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes introduced the participants of the People to People program, each of whom received a City of Corpus Christi pin from the Mayor. The young people will be visiting different cities in Australia and acting as ambassadors for Corpus Christi. ............. Minutes Regular Council Meeting June 14, 1994 Page 2 Mayor Rhodes introduced Clifford C. Anderson, Administrator of The Passage, a facility which serves those affected by HIV disease who can no longer live independently. Mr. Anderson announced that the Turtle Creek Chorale of Dallas, Texas, was scheduled to give a performance on June 18, 1994 at Richardson Auditorium to benefit The Passage. He also thanked the Council for their support in helping to renovate The Passage and briefly described the organization's mission. Mayor Rhodes opened discussion on Item 2, public hearing on the proposed Gateway Park. Mr. Charles Thomasson, 226 Rosebud Ave., Chairman of the Corpus Christi Downtown Management District (DMD), stated that one of the organization's major goals was to improve the entranceway to the city along IH -37 to Shoreline Drive, known as the Gateway Project. Mr. Thomasson introduced Mr. Gordon Landreth, Chairman of the DMD's Gateway Project Committee. Mr. Landreth described the Gateway Project, explaining that it is in the conceptual stage. He said members of the project committee have been presenting the plan to several advisory boards, civic organizations and groups for their input. He said that the plan proposes that the northbound lanes of IH -37 would be moved against the southbound lanes, and that the northbound lanes of Shoreline Drive would be located against Shoreline Drive's southbound lanes. He emphasized that no traffic lanes would be eliminated and the volume of traffic would not be affected. In addition, no changes would be made to the face of the seawall or the concrete walkway. The development would include a large landscaped pedestrian area adjacent to the seawall and from the old County Courthouse to Shoreline Drive. Mr. Landreth said that the proposed development would cost $5 million, which includes all engineering and construction costs; after the project is completed, maintenance of the park area would be paid for by the city. He said property owners within the district have committed to raise $1 million from private sources and the other $4 million would be obtained through grants and other sources. Mayor Rhodes stated that a major concern of many citizens is whether traffic will continue to flow along Ocean Drive and Shoreline Drive as it does now, and Mr. Landreth acknowledged that the only change will be the repositioning of Shoreline's northbound lanes adjacent to its southbound lanes. Responding to questions from Council Member Moss, Mr. Landreth stated that the proposal would not affect the structural integrity of the seawall; the development would provide for limited curbside parking and trolley pull-outs from Peoples Street to the Bayfront Plaza; and a better view of the bayfront from Shoreline Drive would be provided Minutes Regular Council Meeting June 14, 1994 Page 3 because of an increase in elevation of that roadway. Council Member Cooper asked if the old County Courthouse could be incorporated into the Gateway project, and Mr. Landreth --noting that the courthouse is now privately owned --stated that members of the DMD have discussed different ideas with the owners of the courthouse. Council Member Best praised the concept of the Gateway project, but stated that he would not support the plan unless a decision is made about the old courthouse's future. Mr. Landreth reiterated that several options had been discussed with the courthouse's owners without a resolution. Responding to Council Member McNichols' questions, Mr. Landreth pointed out that the DMD is not seeking any city funds for design and construction of the Gateway project; and that the medians separating the northbound and southbound lanes of Shoreline would be approximately 12 to 16 feet wide, as they are farther up on Ocean Drive. Dr. McNichols added that he questions the feasibility of renovating the courthouse and stated that a decision needs to be made about that building. Mayor Rhodes stated that the courthouse's future should not be tied to the Gateway project. Council Member Noyola asked how much money it would cost the city to maintain the Gateway area once it is completed, and Mr. Landreth replied that the DMD had not calculated that amount because the project is still in the conceptual phase; in addition, the DMD needed the city's support of the project before it proceeded with any more plans. Asked by Mr. Noyola about parking for Bayfest volunteers, Mr. Landreth explained that Bayfest officials agreed to have their volunteers park at the new County Courthouse and then have them bused to the Bayfest site on Shoreline Drive by the Regional Transporation Authority. Mr. Noyola expressed concern about the city's ability to maintain the Gateway area, saying that the present parks are not properly maintained. Responding to Council Member Martin, City Manager Juan Garza explained that the city owns two parking lots presently located in the proposed Gateway project area and the state owns one lot. Mr. Martin stated that the private owners of the old courthouse should not be criticized for the courthouse's condition, adding that the city has the authority to foreclose on the back taxes on the courthouse if it chose. Council Member Longoria stated that the Gateway park area would benefit the citizens of the city, adding that the old courthouse should not be tied to the proposed project. Dr. Best made a motion to table a vote on the Gateway project for one week, seconded by Mr. Noyola; the motion failed. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting June 14, 1994 Page 4 Mr. A.B. Davis asked how the Gateway project would be funded, and Mr. Landreth replied that grants would be sought from the Texas Parks and Wildlife Department and the Texas and Federal Departments of Transportation, as well as private funds. Mr. Davis said that the $5 million in construction and engineering costs could be spent in other ways. Mr. Arturo Melve, 921 Lolita, stated that the city is not maintaining its parks adequately, and a decision should be made regarding the status of the old courthouse. Mr. Abel Alonzo, 1701 Thames, stated his support of the Gateway project and urged the Council Members to work together on the project to attract more tourists, thereby increasing the city's tax base. Mr. Dean Flynn discussed his support of the proposed project and gave suggestions on ways in which it could be adapted. Mr. Richard Gonzalez, 3802 Stirman, stated that attention needed to be given to the gateway at Agnes Street (Highway 44), noting that that is the route air travelers take when arriving to Corpus Christi via the airport. He added that the minority procurement goals mandated by some federal agencies should be investigated --the cultural diversity of the city should be taken into account in planning the Gateway project. Mr. Reid McDonald, who owns a business on North Chaparral Street and a member of the Downtown Merchants Association, expressed his support of the project, stating that it would positively impact retail sales and economic development in the downtown area. Mr. Leon Perez, 904 Buford, stated that the old courthouse should not be renovated. Mr. Joe O'Brien, 4130 Pompano, said that the project does not allow for adequate parking on Shoreline and would require too much maintenance. Mr. O.K. Smith said that the County Courthouse received awards for its design when it was built in 1914, and it has important historical significance; therefore, it should not be torn down but restored and incorporated into the Gateway project. Ms. Gloria Perez, 1317 7th St., spoke against the Gateway project, stating that the proposed green area along the seawall would diminish the view of the bayfront. Council Member Galindo made a motion to close the public hearing, seconded by Council Member Moss, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 14, 1994 Page 5 2. M94-146 Motion approving the Gateway Project concept, approving finalization of plans for the project and authorizing preparation of federal, state, local and private grant applications to support the project. The foregoing motion passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Best and Noyola voting "No." Mayor Rhodes deviated from the day's agenda and opened discussion on Item 6, Weed and Seed grant application. Mr. Mike Reuwsaat, Director of Community Development, explained that the Corpus Christi Weed and Seed Program was developed and submitted to the U.S. Department of Justice in January 1994, and in May 1994 the city was officially designated as a Weed and Seed city. This designation allows the city to apply for a federal grant this year for up to $750,000, said Reuwsaat, who went on to describe some of the projects that are already underway and plans for future projects. Mr. Reuwsaat introduced Kent Cassibry, First Assistant to the U.S. Attorney Gaynelle Griffin Jones. Mr. Cassibry explained that the Southern District of Texas of the U.S. Department of Justice is one of the largest districts in the country and has great diversity. He said that Corpus Christi's Weed and Seed Program is the only one of its kind in the Southern District of Texas, and that the Justice Department is committed to the success of the Weed and Seed Program. Mr. Reuwsaat recognized the members of the program's steering committee. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M94-148 Motion approving the Weed and Seed Application and authorizing the City Manager or his designee to submit the same to the U.S. Department of Justice. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for a five-minute recess. Minutes Regular Council Meeting June 14, 1994 Page 6 Mayor Rhodes deviated from the day's agenda and opened discussion on Item 4, a presentation on possible changes in Solid Waste services. City Manager Garza explained that the staff was bringing the Solid Waste services issue back to the Council after making some changes and offering more alternatives. Mr. Garza introduced Mr. R.T. Bruner, Director of Solid Waste Services. Mr. Bruner explained that many factors contributed to the necessity of seeking alternative collection programs, including more stringent state and federal regulations, the eventual closing of the present landfill, and the need to hold down increasing costs. He noted that the city received a grant of $100,000 from the Texas Natural Resource Conservation Commission (TNRCC) to develop a composting facility at the landfill. Mr. Bruner reviewed the present collection system, and then described the three proposed collection options. Council Members' questions focused on the once -a -week garbage collection (a component of Alternatives A and B) versus twice -a -week collection (present schedule and Alternative C); and variable charges for collection (Alternative A) versus a flat charge (present schedule and Alternatives B and C). Several Council Members stated that the present every -other -Wednesday pick up of yard waste was not effective. Mayor Rhodes pointed out that the Council needed to decide whether the city should embark on the pilot program involving once -a -week garbage collection, once -a - week recycling collection, and once -a -week yard waste collection. She encouraged the Council to approve the pilot program in order to obtain data for future decisions about solid waste collection. Council Member Galindo made a motion, seconded by Council Member Best, to direct staff to maintain twice -a -week garbage collection and to not undertake the pilot program. He also asked the staff to investigate the possibility of establishing a composting program. Council Member McNichols questioned the proposal of banning yard waste collection. Mayor Rhodes stated that the TNRCC will be appointing a commission to study legislation that would ban yard waste pick up throughout the state. A discussion ensued regarding establishing a composting plan which would keep yard waste separate from garbage collected and compost the yard waste with other materials. Responding to Council Member Longoria, Mr. Bruner acknowledged that the purpose of decreasing garbage collection to once a week and increasing recycling to Minutes Regular Council Meeting June 14, 1994 Page 7 once a week in the pilot program was to reduce the amount of recyclables being placed in the landfill, and thereby wasted. Council Member Martin stated that garbage collection is an essential service, and the city should ensure that any programs it adopts are not detrimental to the city and its citizens. Mayor Rhodes called for comments from the audience. Mr. Phil Rosenstein spoke against the idea of once -a -week garbage pick up due to the possibility of a public health hazard. Ms. Nada Cano, Co -Chairperson of the Citizens Advisory Committee on Recycling and Solid Waste Reduction, expressed her support for the pilot program and the once -a - week garbage collection. Mr. Abel Alonzo added his support for the pilot program, pointing out that state and federal regulations will soon mandate such issues as type and frequency of solid waste collections. Mr. Leon Perez stated his opposition to the pilot program. Mr. Alonzo Garcia, 3737 Mueller, spoke out against the pilot program, saying that he had spoken to many residents who are economically disadvantaged. He said the once - a -week garbage collection would be detrimental for many people. Mr. Brian Sichel, Texas Forest Service, stated that if garbage collection was decreased to once a week, then participation in the recycling program would increase. He said he supported the idea of composting yard waste and improving brush pick-up. Ms. Petra Galvan, 2612 Goliad Dr., opposed the pilot program due to health concerns and questioned the ability of disposing of yard waste. Ms. Gloria Perez spoke against the pilot program and stated that only she and one of her neighbors participate in recycling on her street. Mr. A.B. Davis encouraged citizens to recycle and work together to solve problems. Mayor Rhodes called for a hand vote on Mr. Galindo's motion to direct staff to maintain twice -a -week garbage collection, to not undertake the pilot program, and to investigate the possibility of establishing a composting program. The motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Noyola voting "Aye"; Rhodes and Moss voting "No." Minutes Regular Council Meeting June 14, 1994 Page 8 Mayor Rhodes stated that if the proposal for the pilot project had passed, it would have provided much-needed data. She reiterated that state and federal regulations on solid waste collection are inevitable. Mr. Martin suggested that city regulations regarding garbage collection be restated for the citizens' benefit. He also stated that the pilot project received much opposition because it was not perceived correctly, and that another project to gather data should be developed as a voluntary effort. A discussion ensued regarding data -collection programs, and effects on citizens. Mayor Rhodes opened discussion on Item 3, presentation on the proposed Budget for Fiscal Year 1994-95. City Manager Garza stated that the proposed budget conforms to the Council's directives to maintain the current tax rate while not cutting services. He highlighted several aspects of the proposed budget: continuation of the lease/purchase program for general fund equipment; establishment of a pay-as-you-go reserve fund; acquisition and upgrade of computer systems for Municipal Court, Police Department, City Attorney's Office, and Utility Business Office; maintenance of police cars and other city vehicles; continuation of water development studies; and the addition of some city employees. Mr. Garza also reviewed the proposed revenues and expenditures. Mr. Martin commended Mr. Garza and the staff for preparing a straight -forward, clear budget. Mayor Rhodes referred to the Board and Committee appointments on the day's agenda and the following appointments were made: Electrical Advisory Board Ralph Skinner Human Relations Commission Dr. Tito Guerrero - Reappointed Rosalie Beaty - Reappointed Julia Coleman - Reappointed Valerie Santos - Reappointed Brandy Shaw - Reappointed R. Jane Couch Minutes Regular Council Meeting June 14, 1994 Page 9 Landmark Commission Melissa Nucete Park & Recreation Advisory Committee Hector Salinas Robert Gross Workforce Development Corporation Robert Broadway - Reappointed Cheyenne Eichelberger - Reappointed Ron Jennings - Reappointed Rosie Rangel - Reappointed Arlene Rhodes - Reappointed Robert Shake - Reappointed Anne Wilson Steve Woerner James Geiger John Owen Betty Jean Longoria Mayor Rhodes opened discussion on Items 5.a. and 5.b., lease of mineral interests belonging to the city, consisting of 0.4167 mineral acres in a 30 -acre tract, being Lot 1 and the west 1,4 of Lot 2, Block 48, Flour Bluff and Encinal Farm and Garden Tracts subdivision. Mr. James Conn, Petroleum Superintendent, opened bids for the lease of mineral interests. The bid was awarded to Pittencrieff America Inc. in the amount of $405. Dr. McNichols moved to accept the bid, seconded by Dr. Best. Responding to Mr. Martin, Mr. Conn stated that the above-mentioned tract of land could be sold by the city. A discussion followed regarding the feasibility of selling the land. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 14, 1994 Page 10 5.b. M94-147 Motion awarding a lease to Pittencrieff America Inc. for lease of mineral interests belonging to the city, consisting of 0.4167 mineral acres in a 30 -acre tract, being Lot 1 and the west' of Lot 2, Block 48, Flour Bluff and Encinal Farm and Garden Tracts subdivision in the amount of $405 based on the bid determined to be most advantageous to the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 7, improvements to Everhart Road. Mayor Rhodes made a motion to add the following sentence to paragraph 1 of the agreement: "Developer will dedicate the 380 feet by 20 feet necessary to complete the Everhart Road Improvements free and clear of all liens, which dedication will be effective upon city's acceptance of the Everhart Road improvements." The motion was seconded by Mr. Martin. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa stated that Mr. Martin had filed a Disclosure Form regarding this item and would abstain from discussing or voting on this matter. Mr. Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 021958 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Braselton Land Venture, Inc. relative to the improvements to Everhart Road adjacent to the Village at the Lakes development. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin abstaining. Mayor Rhodes opened discussion on Item 8, new Civil Service Board Rules and Regulations. Mr. Garza explained that the regulations were being included to comply with Minutes Regular Council Meeting June 14, 1994 Page 11 guidelines of the Americans with Disabilities Act, as well as to clarify aspects of disciplinary procedures. Responding to a question from Dr. McNichols regarding compliance with the Family Medical Leave Act, Ms. Cynthia Garcia, Director of Human Resources, stated that the city made some minor policy changes, including the prohibition of terminating an employee for taking medical leave to care for a member of their family. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Repealing Ordinances 17258, 17400, 17929, 18233, 18811, 18812, 18813, and 18838 incorporated into the present Civil Service Board Rules and Regulations and approving an ordinance adopting new Rules and Regulations, as recommended by the Civil Service Board in their meeting of April 28, 1994, which revise existing language to be in compliance with the Americans With Disabilities Act and the Family and Medical Leave Act, clarify existing language, incorporate residency requirements previously adopted in Ordinance 19967 dated September 8, 1987, and add, revise and clarify language to assist in the administration of these Rules and Regulations. 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 Items 9.a. and 9.b., Utility System Revenue Bonds. Responding to Dr. McNichols, Mr. Garza verified that one of the projects to be funded from the bond sale would be an expansion of the wastewater treatment capacity; the facility to be expanded had not yet been specified. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 021959 Ordinance authorizing the Issuance and Sale of City of Corpus Christi, Texas, Minutes Regular Council Meeting June 14, 1994 Page 12 Utility System Revenue Bonds, Series 1994A. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 9.b. ORDINANCE NO. 021960 Ordinance appropriating $8,520,000 from the Wastewater Bond Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 10, amendment of the Stores Fund budget. Responding to Dr. McNichols, Mr. Garza explained that the purpose of the amendment to the Stores Fund budget was to more accurately reflect actual FY 93-94 transactions. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 021961 Ordinance amending Ordinance No. 021707 which adopted the FY 1993-94 Budget by amending the Stores Fund budget as follows: (1) increasing Stores Fund revenues in the amount of $221,678; (2) increasing the appropriation for expenditures by the amount of $422,435 for the Stores Fund . An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes recessed the Council meeting to conduct the annual meetings of the Corpus Christi Housing Finance Corporation; Corpus Christi Health Facilities Development Corporation; and Corpus Christi Industrial Development Corporation. Minutes Regular Council Meeting June 14, 1994 Page 13 Mayor Rhodes reconvened the Regular Council Meeting. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 14 through 22, and Council Members requested that Items 18 and 20 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 14. M94-149 Motion approving the purchase of two high pressure sewer and vacuum units, including trade-in, from Underground, Inc., Pearland, Texas, in the amount of $264,770; and one trailer mounted sewer cleaner from Naylor Supply, Pasadena, Texas, in the amount of $21,800 based on low bids. The total of awards is $286,570. One sewer and vacuum unit and the trailer mounted sewer cleaner are additional units; one sewer and vacuum unit is replacement for the Wastewater Services Department. All equipment is included in the 93-94 Capital Outlay Program. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15. M94-150 Motion approving supply agreements for approximately 43,740 feet of PVC pipe, (sch. 40 and sch. 80), ranging in size from 'A" - 8"; 20,190 PVC fittings; and 169 gallons of PVC solvent, cement, and primer in accordance with Bid Invitation No. BI -0166-94 with the following companies based on low bid and best bid for a total estimated annual expenditure of $54,736.13. The term of the contracts shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 93-94 by the Water and Wastewater Departments. Fesco Supply Corpus Christi, Texas $53,131.33 PVC pipe and fittings - low bid, best bid GRAND TOTAL - $54,736.13 Noland Co. Corpus Christi, Texas $1,604.80 PVC solvent, cement, primer - best bid The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Minutes Regular Council Meeting June 14, 1994 Page 14 Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 16. M94-151 Motion approving a supply agreement for approximately 14,700 tons of flexible base caliche in accordance with Bid Invitation No. BI -0189-94 with Redland Stone Products Company, Corpus Christi, Texas, based on the low bid of $93,765. The term of the contract will be twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. This material is used by the Street, Water, Wastewater, and Gas Departments. Funds have been budgeted by the using departments in FY 93-94. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 17.a. M94-152 Motion authorizing the City Manager to execute a contract with the Texas Department of Health in the amount of $10,117 for tuberculosis control services during the period of April 1, 1994 to August 31, 1994, and adding one full-time equivalent position to the Health Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 17.b. ORDINANCE NO. 021962 Ordinance appropriating a grant in the amount of $10,117 from the Texas Department of Health for Tuberculosis Control services during the period of April 1, 1994 to August 31, 1994; amending Ordinance No. 021707 which adopted the FY 1993-94 budget by adding $10,117 to the No. 162 federal/state grants fund - Health Department; adding one full-time equivalent position to the Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 19. RESOLUTION NO. 021964 Resolution denying complaint of Shoreline Ventures Limited against Central Power and Light Company. Minutes Regular Council Meeting June 14, 1994 Page 15 The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 21. ORDINANCE NO. 021965 Amending Section 55-100 of the Code of Ordinances, City of Corpus Christi, to clarify the definition of "Winter Averaging Wastewater Charge Period" and "Interim Average;" to clarify the explanation of the method of calculating a customer's bill utilizing a winter average usage; to specify that winter average wastewater usage may be calculated using meter readings or estimates of consumption; that new or relocating customers may request calculation of winter average based on three months of consumption at the new address; that customer's winter average usage or interim average usage may be adjusted according to City Policy approved by the City Manager; that such City Policy shall be in writing and may be amended from time to time by the City Manager or his designee; that such City Policy, as amended, shall be on file with the City Secretary and at the Utilities Business Office; to delete certain references to 1993 in the section and providing for severability. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 22. ORDINANCE NO. 021966 Authorizing the City Manager, or his designee to execute an assignment of the Airport Shuttle Service Lease with Corpus Christi Limousines Unlimited, Inc., authorized by Ordinance No. 21381 on April 28, 1992 to Airport Shuttle and Limousines Service, Inc. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened discussion on Item 18, exchange/sale of excess right -of - way. Mr. Martin suggested that a study be conducted to determine if similar areas in the city could be sold. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting June 14, 1994 Page 16 City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 021963 Resolution supporting the action of the Texas Department of Transportation to exchange/sell excess right-of-way at the intersection of US 77 and Up River Road and declaring that this area is no longer needed for use by citizens for roadway purposes. The foregoing resolution passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes opened discussion on Item 20, lease agreement with Bayfest, Inc. Responding to Mr. Galindo, Mr. Malcolm Matthews, Director of Park and Recreation, explained that the city maintains the homes in Heritage Park and bases the monthly fees for the leases based on each house's square footage. Responding to Mr. Martin regarding commercial ventures in Heritage Park, Mr. Matthews stated that a sandwich shop will soon be opened in that area and its success will determine if more commercial ventures will be attempted. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Authorizing the City Manager to execute a five-year lease agreement with Bayfest, Inc. for the use of the Grande -Grossman House, parts of lots 4, 5, and 9, block 61, Beach Addition, in Heritage Park as their business offices; for a monthly fee of $325. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes announced the closed session, pursuant to the Texas Government Code, Section 551.071, regarding United States Environmental Protection Order Docket No. 6-89-0037A2, In the Matter of City of Corpus Christi, King Construction Company, Minutes Regular Council Meeting June 14, 1994 Page 17 Inc., Machunt Corporation, Proceedings Under Section 301(a) and 309(a)(3), Clean Water Act, [33 USC 1319 (a)(3)] in RE: Unpermitted Discharge of Pollutants into Waters of the U.S., Laguna Madre Near Flour Bluff, Corpus Christi, Texas (Dimmit Pier Propwash Case); and pursuant to the Texas Government Code, Section 551.072, regarding acquisition in connection with mitigation in the above referenced proceeding of approximately 50 acres abutting the Laguna Madre approximately 4 miles south of the JFK Causeway; with possible action in open session regarding the previous authorization to settle the above -referenced proceeding (Motion M94-035) and regarding acquisition of the above -referenced property. The Council went into closed session. The Council returned from closed session. Mayor Rhodes made a motion in regards to the closed session, seconded by Mrs. Longoria. City Secretary Chapa polled the Council for their votes as follows: 23. M94-153 (A) amending the settlement agreement approved in Motion M94-035 (adopted Feb. 8, 1994) by authorizing King Construction Company to sell all dirt excavated from the remediation site and pay to the City of Corpus Christi $1.50 for each cubic yard of dirt sold up to 160,000 cubic yards, requiring King to deposit $120,000 with the City as a guarantee of the sale of at least 80,000 cubic yards, and requiring King to perform additional construction services on the remediation project in the nature of silt fencing and erosion control in consideration of additional payment by the City of $25,000; (B) authorizing the City Manager to purchase for the City the following interests in land as approved by the United States Environmental Protection Agency for a mitigation site in Docket No. 6-89-0037A2: (1) a conservation easement in perpetuity of 32.222 acres, (2) a 5 -year disposal site lease of 20 acres, and (3) a 5 -year ingress and egress easement of 4.009 acres, such land abutting the Laguna Madre approximately 4 miles South of the JFK Causeway, to be acquired from the University of Texas et al for: (1) $85,000 cash at closing, (2) an additional $205,000 payable in equal quarterly payments over 3 years (from sale of dirt from the remediation site, to the extent sufficient); provided, King shall guarantee to City payment of the first $120,000, and (3) up to an additional $35,000 at $1.50 per cubic yard if in excess of 136,666.67 cubic yards of dirt is sold from the remediation site; (C) authorizing the City Manager to pay an administrative penalty to the Minutes Regular Council Meeting June 14, 1994 Page 18 Environmental Protection Agency not to exceed $40,000; and (D) authorizing the City Manager to execute all agreements with provisions necessary and incidental to completing the agreement negotiated by the parties. The foregoing motion passed by the following vote: Rhodes, Best, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Cooper and Noyola absent. Mayor Rhodes called for the City Manager's report. Mr. Garza stated that issues on the agenda for the June 21, 1994 meeting included the award of the gas supply contract and applications for new taxi cab permits. Mayor Rhodes reported that the City Council met on June 14, 1994 with County Judge Robert Barnes and the County Commissioners. They decided to appoint a committee to study the issue of consolidation. The Mayor asked Dr. Best and Mr. Galindo to serve as the city's representatives on that committee. Mayor Rhodes called for Council concerns and reports. Mr. Martin suggested that a staff person, possibly a summer intern, be hired to conduct a survey regarding the usage of special permits that had been granted. He also questioned the use of the 20 percent rule regarding street right-of-ways. Mr. Moss asked the status of an infiltration report, and Mr. Garza replied that part of the revenue from the aforementioned bond sale would be used to fund that study. A discussion ensued regarding the purpose of that study. Mr. Moss suggested that the Gas Division be marketed more aggressively. Mr. Galindo inquired if citizens can be encouraged to maintain small areas of city - owned property adjacent to privately owned property, such as a grassy curb area in front of a residence. Mayor Rhodes called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:45 p.m. on June 14, 1994. 4 4 t t 4# t t R t t t f