Loading...
HomeMy WebLinkAboutMinutes City Council - 09/27/1994I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes or the Regular Council Meeting of the City of Corpus Christi of September 27, 1994, which were approved by the City Council on October 11, 1994. WITNESSETH MY HAND AND SEAL, this 12th day of October, 1994. 414-e 61/ Armando Chapa City Secretary SEAL mic'guBLMEOM MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 27, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Melody Cooper 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 Rev. Jorge Garcia, Providence Reform Episcopal, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cooper. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of September 20, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes opened discussion on Item 1, ozone advisory resolution. Deputy City Manager Bill Hennings explained that the purpose of the resolution was to commend the community's efforts for heeding three consecutive ozone advisory days on September 20-22, 1994. He added that another advisory day occurred on September 25, and the city's air ozone levels stayed within allowable, safe limits again, Minutes Regular Council Meeting September 27, 1994 Page 2 mostly due to a slowing of production at the refineries. Mayor Rhodes asked if the frequency of ozone advisory days would decrease with the onset of cooler weather, and Mr. Hennings replied that that would not necessarily happen. He noted that historical data indicated some of the highest ozone levels occurring in February and March, and some of the lowest occurring this past June. Council Member Best asked if it was true that current federal regulations restrict the use of reformulated gasoline --some of which is produced here in Corpus Christi --by cities other than non -attainment cities. Mr. Hennings said Dr. Best was referring to a provision in the Clean Air Act which indicated that the government could restrict its use if there was a demonstrated shortage of the reformulated gasoline. He added, however, that city staff has had discussions with representatives from Valero Refining about voluntarily purchasing reformulated gasoline for the city government fleet. Dr. Best expressed frustration about government restrictions on the city's efforts to decrease its ozone emissions. Mr. Hennings noted that one of the provisions of the proposed resolution involves thanking the Texas Natural Resource Conservation Commission (TNRCC) for establishing the ozone advisory program, which assists communities such as Corpus Christi in avoiding exceedences in the federal limits of ozone emissions. Council Member Longoria commented that the refineries and many citizens have done an excellent job in heeding the ozone advisories, but there are still some lapses, such as when work crews from one of the local school districts continued performing extensive lawn care on an ozone advisory day. She asked if the school districts had been notified of the advisories, and Mr. Hennings replied that Mr. Garza had asked each district for their cooperation and had given them a list of recommended actions to take on advisory days. Responding to another question from Mrs. Longoria, Mr. Hennings stated that there are no mandatory requirements for companies to decrease or stop production during ozone advisory days --any actions they take are voluntary. He added that the city Street Department postpones street paving on advisory days, but the city's current agreements with different contractors does not provide for the city to stop work without a penalty being imposed. However, Mr. Hennings added, in the future when the city bids new contracts, there will be provisions which provide for postponing work on advisory days. In response to Mayor Rhodes' question regarding health concerns on days of high ozone emissions, Mr. Hennings said Dr. Nina Sisley, Director of Public Health, had stated that if the ozone level goes over .12 parts per billion, it could adversely affect people with existing respiratory conditions. Upon verification from Mr. Hennings, the Mayor stated that an average child with no respiratory conditions would not have to stay indoors on an ozone advisory day. Minutes Regular Council Meeting September 27, 1994 Page 3 Council Member Moss asked how advisory days are determined, and Mr. Hennings replied that the TNRCC has hired meteorologists to predict the weather each day for the following day in Corpus Christi and the other three near -non -attainment areas. They combine the weather forecast with the actual recorded ozone level readings that day to predict whether the following day will present a problem with excessive ozone levels. He said if there is to be an advisory, the announcement is usually made about 2 p.m. on the day before the advisory. Mr. Moss expressed concern about the ozone emissions from heavy equipment and large trucks. Mr. Hennings stated that gasoline engines are a large source of volatile organic chemical (VOC) emissions, while most trucks have diesel engines, which have a relatively low level of VOC emissions. Council Member Noyola stated that during a recent advisory day, he noticed a maintenance worker cutting the grass at an apartment complex, and asked if the complexes had been notified as well. Mr. Hennings replied that the city does all it can to notify the public, including the news media and the major employers (including the refineries). He said that like the recycling effort, the importance of heeding advisory days will have to be emphasized over and over again. Council Member Martin questioned whether reducing production at the refineries on advisory days really makes an impact on the ozone levels. Upon verification by Mr. Hennings, Mr. Martin stated that the city could use reformulated gasoline on a voluntary basis, and Mr. Hennings noted that staff is studying that possibility. He added that staff is also exploring the prospect of vehicle emissions testing with members of the TNRCC's air monitoring section; however, the TNRCC representatives believe that, in Corpus Christi, vehicle emissions are not as great a concern as industrial emissions. Mr. Hennings said the TNRCC recommended that the city proceed with obtaining vapor recovery systems at the docks for the ships and barges, and for the tank truck loading facilities at the refineries; and that the city conduct an inventory of emission sources. Mr. Martin also discussed the possibility of amending the contracts with certain companies, such as paving companies, and Mr. Hennings replied that the contractors are concerned with losing money if they stop production on advisory days. Mr. Martin emphasized that the cause of the ozone emissions should be thoroughly investigated in order for the city to make the best decisions on how to reduce those emissions. Responding to Dr. Best, City Manager Garza said he would provide information about the major sources of air pollution in Corpus Christi. Mr. Hennings added that current figures indicate that 60 percent of the nitrogen oxides and 42 percent of the VOCs are emitted by industries, and automobiles account for approximately 22 percent of the VOCs. Mr. Noyola concurred with Mr. Martin on the need to amend the contracts with paving companies so that they would decrease or stop production on advisory days. Minutes Regular Council Meeting September 27, 1994 Page 4 Mayor Rhodes stated that she favored making that a provision in the new contracts, rather than amending the current contracts. Mr. Garza reiterated that staff is considering those and other options. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 1. RESOLUTION NO. 022041 Resolution celebrating the success of the community's efforts on Ozone Advisory Days. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 2, Tiongson zoning case. 2. Case No. 894-5, Tomas N. Tionqson: Parkside Subdivision, Lot 2, Block 6, located on the southwest corner of Linden Street. Denying the requested "R-2" Multiple Dwelling District, and in lieu thereof, granting a Special Council Permit allowing a second kitchen in a single-family unit provided one of the kitchens is eliminated prior to the end of a five (5) year period or sale of the property, whichever occurs first. Mayor Rhodes said when this zoning case first came before the Council on September 13, 1994, the Council had directed staff to find a way to legalize the duplex in which the applicant and his extended family were living in, and to require that the applicant revert the duplex into a one -family dwelling if they decided to sell it in the future. Mr. Tom Utter, Group Manager for Development Services, said that in order to comply with both the Building Code and the Zoning Code, the applicant would be required to install a connecting doorway between the two parts of the house; in addition, a special permit would need to be approved to allow the second kitchen. Mayor Rhodes asked if the applicant agreed to those conditions, and Mr. Steve Santa Cruz, a family member of the applicant and a resident of the subject property, said he agreed with the conditions. Responding to Council Member Martin, Mr. Brandol Harvey, Director of Planning and Development, said that a special permit would be needed to address the second kitchen; the addition of the connecting passageway meets the requirements of the Building Code. Mr. Martin asked if the "special Council permit" listed in the ordinance was the Minutes Regular Council Meeting September 27, 1994 Page 5 same as a special permit, and Mr. Utter replied that it was. Council Member Galindo said he objected to the time limit of five years, suggesting that the time limit be extended to at least 25 years. Mayor Rhodes asked Mr. Santa Cruz if he agreed to the time limit of five years, and he said that he did. Council Member McNichols stated that the recommendation made by staff was not what the Council had originally directed. Mayor Rhodes suggested that the time limitation be eliminated altogether, and City Attorney Bray verified that there was precedence to take such action. Dr. McNichols made a motion to delete the time limitation, and requiring the second kitchen be eliminated before the sale of the house; seconded by Council Member Noyola. The motion passed as follows: all present voting "Aye"; Martin voting "No." Mayor Rhodes called for comments from the audience, and there were none. Mr. Martin said he felt that the applicant's recourse was not with the city but with the person who falsely sold him a two -unit piece of property which was really a single- family dwelling. He encouraged the Council to vote against the staffs recommendation and have the applicant seek his proper recourse. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022042 Ordinance amending the Zoning Ordinance upon application by Tomas N. Tiongson, by granting a Special Council Permit for a second kitchen in a single- family dwelling subject to three (3) conditions, on Parkside Subdivision, Lot 2, Block 6; providing for publication. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Best and Martin voting "No." Mayor Rhodes clarified with Mr. Santa Cruz that with the special permit, the family could retain the second kitchen, but if they sell the property, they must eliminate that kitchen. ♦ a w t+• t e w w w w w Mayor Rhodes opened discussion on Items 3.a., 3.b. and 3.c., Airport Capital Improvement Plans. Minutes Regular Council Meeting September 27, 1994 Page 6 Mr. George Hext, Director of Aviation, introduced Mr. Bill Wilson of the architectural firm of Wilson, Kullman and McCord; Mr. John Nyfeler of the Nyfeler Organization Inc.; and Mrs. Bonnie Allin, Assistant Director of Aviation. Mr. Hext referred to two architectural drawings illustrating the airport's existing layout and proposals for the terminal renovation. He noted that in the last six years, almost $20 million has been spent on rebuilding the airfield. He said financing the terminal renovations would involve the entitlement portions of the Federal Aviation Administration's (FAA) Airport Improvement Program for some aspects, and the passenger facility charges (PFCs) for other aspects of the renovation. Mr. Hext added that after five months, $620,813 in PFCs had been collected, which was slightly ahead of staffs projections. Mr. Hext noted that once the actual terminal renovation began, the public would experience a certain amount of inconvenience; the first phase would be on the infrastructure and the second phase would involve the addition of the new baggage claim area. Mr. Wilson also referred to the two architectural designs, noting that approximately $10 million in terminal building improvements would be phased in over a period of three to five years. He said the first phase would involve approximately $2.5 million in improvements to the mechanical systems and other areas. He also discussed future plans for the new baggage claim area, main lobby and concession area. Responding to Council Member Cooper, Mr. Wilson said the renovation is anticipated to take three to five years, but that is dependent on the income stream from the PFCs. Mrs. Cooper supported the proposed renovations, saying that it would improve visitors' opinions of Corpus Christi itself. Mayor Rhodes commented on the airport's accessibility. Council Member Martin expressed concern about the operating costs of two security checkpoints as provided for in the renovations. Mr. Hext stated that the airlines pay for the personnel at the checkpoints and the equipment is paid for out of the PFC fund. He added that neither staff, the airlines nor the consultants had been able to devise a single -checkpoint design. Referring to Mr. Martin's comments about operating costs, Mr. Hext went on to say that the aviation industry is experiencing a downturn and it may take approximately 2' to three years to see an upturn. Council Member Best asked in how many years another renovation would be needed, and Mr. Hext replied in approximately 20 years. He noted, however, that the current renovation provides for the expansion of the baggage claim area from three devices to five if the need should arise. Mr. Hext said what will be in short supply eventually will be curb space at the front of the terminal. Minutes Regular Council Meeting September 27, 1994 Page 7 Dr. Best said airport officials had predicted previously that the current terminal would be obsolete by the year 2000. Mr. Hext said preliminary estimates indicate that a new terminal in a mid -field configuration with parallel runways would cost approximately $75 million, but that plan would not be considered for another 20 to 25 years. Responding to another question from Dr. Best, Mr. Hext said there are three funding sources: city capital funding, passenger facility charges, and FAA grants. Mr. Hext also discussed some building rehabilitation that has already occurred. Dr. Best then asked about the lighting standards at the airport, and Mr. Hext replied that the FAA has deemed the present lighting to be adequate; however, the five- year renovation plan calls for a complete reconstruction of the airport entrance road, including widening the road and installing curbs and gutters, as well as improving the lighting. Dr. McNichols also expressed concern about the dual security checkpoints, asking whether one checkpoint could be installed right beyond the main ticket area. Mr. Hext stated that in the future the FAA may determine that only passengers would be allowed past the security checkpoints (as occurred during the Gulf War). He also discussed the need for a second checkpoint due to an increase in the number of passengers. Responding to Dr. McNichols' question regarding funding, Mr. Hext said that the Council had approved transferring $400,000 out of the operating funds into the capital reserves. In addition, Mr. Hext said that due to a change in federal law, a greater percentage of funds became available through the FAA's Airport Improvement Program. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3.b. M94-256 Motion authorizing the City Manager or his designee to accept a Federal Aviation Administration (FM) Grant Offer in the amount of $1,040,421 (FAA Grant No. 3- 48-0051-21) to construct airfield improvements including extension to Taxiway "F" and installation of an airfield lighting resistance monitoring system. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 3.c. M94-257 Motion authorizing the City Manager to execute a Change Order in the amount of $52,986.55 to the contract with Kinsel Industries, Inc., for Runway 13-31 pavement rehabilitation. Minutes Regular Council Meeting September 27, 1994 Page 8 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mr. Martin commended Mr. Hext on his ability to maintain funding sources. Mayor Rhodes opened discussion on Item 4, ordinance restricting certain large trucks. Deputy City Manager Hennings noted that staff had presented this item during the September 20, 1994 meeting. The purpose of the proposed amendment to the current ordinance is to restrict certain large trucks on non -through (residential) streets. He said one of the proposals is to change the definition of large trucks from those over one ton to those exceeding 26 feet in length, or eight feet in width or eight feet in height, which should make it easier to determine which vehicles meet the criteria. Another proposed change, said Mr. Hennings, is to extend the restriction to 30 feet from the edge of the street pavement to prohibit the parking of oversize vehicles in residential areas. Mr. Hennings said there was an amendment to the ordinance on the day's agenda: in Sec. 53-100(a)(1), adding the words "or picking up," so that part of the ordinance would read "...or moving vans designed for and engaged in the process of delivering or picking up personal belongings to a residential or apartmental household." Council Member Moss noted that during the previous discussion on September20, Council Member Martin had expressed concern about overloaded trucks destroying city streets. Mr. Hennings replied that the proposed ordinance was not addressing that issue; however, an ordinance on overweight vehicles would be brought before the Council in November. Upon verification by Mr. Hennings, Council Member Cooper noted that the proposed restrictions on large trucks would not apply to delivery vehicles, such as UPS, Swan or others. She asked that the ordinance make that point more clearly, and Mr. Hennings said they could include that language in the ordinance for the second reading. Responding to Council Member Martin, Mr. Hennings explained that, as he stated before, a restricted vehicle would be prohibited from parking in a residential area, unless the property on which it is parked can be accessed by a through street (such as a corner lot). Mr. Martin asked about certain aspects of the restrictions. City Attorney Bray used the example that under the current provisions, the driver of a truck which carries Coca- Cola products, which weighs more than one ton and therefore is a restricted vehicle, Minutes Regular Council Meeting September 27, 1994 Page 9 would receive a citation if a police officer witnessed the driver driving on a non -through street, or if the truck were parked on a non -through street. However, as the ordinance currently states, the officer would not be able to issue a citation if that truck were parked off the street on private, residential property. The proposed change would allow for a citation of a restricted vehicle parked in a residential area off the street. A brief discussion ensued. Council Member Noyola stated that some citizens in his district oppose the proposed ordinance because they would have to find another place to park their large trucks, which would be costly to them as small businessmen. Responding to Council Member Galindo, Mr. David Seiler, City Traffic Engineer, used an exhibit to explain the prohibition against parking a restricted vehicle within 30 feet from the edge of the street pavement in a residential area. Mr. Galindo questioned the legality of the provision, and Mr. Bray responded that it is the same principle as any kind of residential protection. Mr. Galindo also asked about the difference between collector and arterial streets, and Mr. Seiler stated that it is possible for those streets to have residential frontage development along them, therefore, restricted vehicles would not be prohibited from traveling along those streets. In answer to another question from Mr. Galindo, Mr. Seiler said that under the proposed revisions, if a police officer finds a restricted vehicle parked within 30 feet of a residential street, the officer would issue a notice to the property owner advising him or her of the violation and he or she has 48 hours to remove the vehicle; if that does not occur, then a citation can be issued. Mr. Galindo said he would not support the proposed ordinance. Council Member Cooper said she supported the ordinance, adding that it was necessary because of the frequency of collisions caused by the presence of restricted vehicles on non -through streets. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa said there was a request from staff to amend the definition of moving vans. City Manager Garza said that amendment would be made before the second reading of the proposed ordinance. Mr. Chapa then polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of Vehicles, Sections 53-100 - Certain Trucks, Trailers, and Other Large Vehicles Restricted to Through Streets. Minutes Regular Council Meeting September 27, 1994 Page 10 The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5 through 17, and Council Members requested that Items 5, 6, 10, 11.a., 11.b., 13, 14, and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M94-260 Motion approving a supply agreement for approximately 540 magnesium anodes in accordance with Bid Invitation No. BI -0266-94 with Global Cathodic Protection, Houston, Texas, based on low bid for a total estimated annual expenditure of $47,862. The term of the supply agreement 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. These items are used by the Gas Department for cathodic protection of gas pipelines. Funds have been budgeted in FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 8. M94-261 Motion approving supply agreements for approximately 203 natural gas line lubricated plug valves, ranging in size from 1" - 16", in accordance with Bid Invitation No. BI -0008-95, with the following companies for the following amounts, based on low bid for a total estimated annual expenditure of $62,220.20. The term of the agreements 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. These valves will be stocked in the Warehouse and used by the Gas Department. The EADS Co. Corpus Christi, Tx. (Groups 1, 3, 4) $36,009.20 Grand Total Alamo Iron Works Corpus Christi, Tx. (Group 2) $26,211.00 - $62,220.20 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Minutes Regular Council Meeting September 27, 1994 Page 11 Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 9. M94-262 Motion approving the submission of a grant application to the Texas Department of Transportation for funding in the amount of $52,556 for continuation of the Driving While Intoxicated Selective Traffic Enforcement Project and authorizing the City Manager to execute the contract and designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12. ORDINANCE NO. 022045 Ordinance closing and abandoning a 14 -square -foot portion ofa 10 -foot -wide utility easement in Lot 3, Block 3, Del Mar Subdivision, subject to compliance with the specified conditions and replatting the property within 180 days at the expense of the owner of Lot 6, Block 3, Del Mar Subdivision. 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." 16. ORDINANCE NO. 022047 Authorizing the City Manager or his designee to execute an extension of the Lease Agreement with Pagan -Lewis Motors dba Budget Rent-A-Car of Corpus Christi, Inc., Coastal Bend Rent-A-Car, Inc. dba Avis Rent-A-Car, Mar Jean Texas, Inc. dba Hertz Car Rental, and National Car Rental of Corpus Christi, Inc. to extend the Lease Agreements for no more than 24 months, on a month-to-month basis, all leases to expire on December 31, 1996, under same terms and conditions as existing Lease Agreements, all of which are on file with the City Secretary and the Airport. Dollar Car Rental Agency has elected not to renew their lease agreement. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 17. ORDINANCE NO. 022048 Authorizing the City Manager or his designee to execute a five (5) year lease agreement with the Instituto De Cultura Hispanica Corpus Christi to relocate the City owned Tex-Mex Depot to property located at the corner of Hughes and N. Mesquite Street, in consideration of creating one permanent, full-time job for a low- Minutes Regular Council Meeting September 27, 1994 Page 12 moderate income person and repairing and maintaining the structure to be located thereon and to designate 14 parking spaces for said organization. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 5, database subscription service. Council Member McNichols asked who would access the database service, and Mr. Herbert Canales, Director of Libraries, said it is popular with the general public because of the ability to access information quickly and easily. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M94-258 Motion approving purchase of a database subscription service for General Business File and Health Reference Center from Information Access Company, Foster City, California, in the amount of $18,532, based on sole source. The term of the contract is for twelve months with an option to extend for up to an additional twelve months subject to the approval of the contractor and the City Manager or his designee. The service is established at the Library for the use of its patrons. 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 6, transmission overhaul and repair. Responding to Council Member Moss, City Manager Garza explained the purpose of the transmission overhaul and repair service for the heavy duty trucks. Council Member Martin pointed out that since the proposal was for a supply agreement, it would be used when it was necessary. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 1 Minutes Regular Council Meeting September 27, 1994 Page 13 6. M94-259 Motion approving a supply agreement for automatic transmission overhaul and repair service for approximately thirteen heavy duty trucks, in accordance with Bid Invitation No. BI -0252-94 with Stewart & Stevenson Services Inc., Corpus Christi, Texas, based on only bid for an estimated annual expenditure of $29,338. The term of the contract 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 have been budgeted by Maintenance Services and the Fire Department in FY 94-95. 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 10, upgrading paving for Zavala Senior Citizens Center. In response to a question from Council Member McNichols, City Manager Garza said that the Regional Transportation Authority is providing $15,000 for the paving of the drive-through area of the center. The total cost would be $17,745, and Mr. Garza said the city will also approach the RTA for the difference. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M94-263 Motion authorizing Change Order No. 3 in the amount of $17,745 to Construction/Project Management to provide upgraded paving for the Zavala Senior Citizens Center for bus traffic of the Regional Transportation Authority. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Council Member Martin asked if the change order had the ozone provision included, and Mr. Garza stated that it did not, but future paving contracts would. 3 i i i i i* Y rt 4 R R R Mayor Rhodes opened discussion on Items 11.a. and 11.b., firefighters salary increases. Minutes Regular Council Meeting September 27, 1994 Page 14 Council Member McNichols asked for clarification of the two items. City Manager Garza explained that Item 11.a. increases the appropriations which the city needs in the budget to legally pay the firefighters and paramedics. He said when computing the projections for the year-end fund balances, staff made provisions for the approximate cost of the contract; in actuality, the projection was $106,192 less than the cost of the contract. Responding to Council Member Moss, Mr. Garza said that fire department supervisors who are not included in the union agreement receive merit pay increases based on recommendations. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11.a. ORDINANCE NO. 022043 Ordinance amending Ordinance No. 021997 which adopted the FY 1994-95 Budget to increase appropriations in the General Fund, EMS Fund (including transfer from General Fund hereby approved) and Group Health Insurance Fund (including transfer from General and EMS Funds hereby approved) in order to fulfill the terms of the agreement executed between the City of Corpus Christi and the Corpus Christi Firefighters Association. 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." 11.b. ORDINANCE NO. 022044 Ordinance amending Ordinance 8127, as amended, Section 510, Managerial Group Pay Plan for FY 94-95, of the Compensation and Classification Plan to provide for a 4% and 4.5% increase to Fire Managerial salary ranges to be consistent with the pay adjustments required by the Fire Collective Bargaining Agreement for non -managerial personnel. 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 13, agreement with Diamond Shamrock. City Manager Garza said this item only needed to have the company's full name listed in the ordinance so it would read "Diamond Shamrock Refining Company, L.P." Minutes Regular Council Meeting September 27, 1994 Page 15 Mayor Rhodes made a motion to amend the name, seconded by Council Member Noyola, 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: 13. ORDINANCE NO. 022046 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with Diamond Shamrock Refining Company, L.P., for the right to construct, install and maintain an overhead pipe bridge with a minimum 26 -foot of vertical clearance that will accommodate up to two 36 -inch diameter crude oil pipelines, across the 70 -foot wide Navigation Boulevard right-of-way, between the Oil Dock 1 Terminal in the Port of Corpus Christi and their new tank site north of the ship channel, and establishing a fee of $280 for one 36 -inch diameter crude oil pipeline. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 14 and 15, farming lease agreements. Council Member Martin said he opposed the price of $20/acre per crop year as proposed in Item 14, adding that the city should update its farm leases regarding costs and conditions of the leases. Mr. Garza said he would withdraw the two items. Council Member Galindo said he agreed with Mr. Martin that other farmers would be willing to pay $40/acre. Council Member Moss said he would support a cash rental agreement. 14. WITHDRAWN 15. WITHDRAWN Minutes Regular Council Meeting September 27, 1994 Page 16 Regarding the scheduled closed session, City Attorney Bray said he was informed that the wrong case was posted and there would be no closed session during the day's meeting. Mayor Rhodes called for the City Manager's report. Mr. Garza said the upcoming items scheduled for the October 11, 1994 meeting included a contract for engineering services for Village on the Green; amendments to the Fire Prevention Code; a discussion on the industrial district contracts; tax abatement agreement and resolution regarding First Data Corporation; and designation of the Corpus Christi Enterprise Zone. Mayor Rhodes called for Council concerns and reports. Council Member Galindo asked about the status of the Regional Transportation Authority's plans to require passengers to disembark after each trip on the water taxi. Mr. Garza said he would provide that information. Council Member Martin requested an update on the Ethel Eyerly Senior Citizens Center. He also asked about the city Health and Wellness Fair, and Mr. Garza responded that this year for the first time, the city is opening the fair to the families of city employees as well. Mr. Martin asked about a letter sent to the Park and Recreation Department concerning naming the Cole Park Amphitheater after Mr. Bill Anderson. Council Member Moss raised the issue of posting of political signs, and Mr. Garza explained that city field personnel are instructed to remove political signs which are illegally posted. He also asked staff to investigate the issue of surplus properties. Mr. Moss asked if water conservation methods should be imposed soon, and Mr. Garza stated that staff is planning to bring a conservation ordinance to the Council in the future. Council Member Longoria asked for a status report on a contract in the Mayfield area, and Mr. Garza said some correspondence had already been sent to the contractor. Responding to another question from Mrs. Longoria regarding the new outlet mall on the northwest side, Mr. Garza said the only annexation action to take place at this time is of the land for the mall, R.V. park and golf course. Council Member Cooper said she met with Ms. Rosalinda DeLaCruz, the Sister City Coordinator, during a recent visit to Toledo, Spain, and encouraged citizens to visit Minutes Regular Council Meeting September 27, 1994 Page 17 the Columbus Fleet gift shop to view some of the jewelry from Toledo. She also asked staff to investigate a parcel of unannexed land near the Greenfields by the Bay subdivision, and announced that a town hall meeting is scheduled on October 12, 1994 at 6 p.m. at Elliot Grant Middle School. Council Member Best said that the Consolidation Committee would meet on September 30 at City Hall, adding that the committee members are making great progress. Mayor Rhodes called for petitions from the audience. Mr. Andy Rodriguez, 1011 Ennis Joslin, complained about the area on North Tancahua Street under the south end of Harbor Bridge, which is owned by Nueces County and the Southern Pacific Railroad. He said that area had become a dumping ground and is surrounded by deserted warehouses. He noted that several city and county offices and tourist attractions are located not far from that area. Mayor Rhodes asked Mr. Garza to investigate the area in question. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4 p.m. on September 27, 1994.