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HomeMy WebLinkAboutMinutes City Council - 03/14/1995I 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 March 14, 1995, which were approved by the City Council on March 21, 1995. WITNESSETH MY HAND AND SEAL, this 22nd day of March, 1995. Armando Chaps City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 14, 1995 2 p.m. PRESENT Mayor Mary Rhodes Council Members: Dr. Jack Best Melody Cooper Cezar Galindo Clif Moss Dr. David McNichols David Noyola ABSENT Mayor Pro Tem Edward Martin Betty Jean Longoria 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 Father Christos P. Matos, St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McNichols. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of February 28, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor then asked Ms. Mary Lou Reyes, a Foster Home Development Specialist for the Texas Department of Protective and Regulatory Services, to briefly discuss the need for more foster homes in the area. Ms. Reyes thanked Mayor Rhodes for her continued support of the agency's efforts. She said that presently there are 291 children in substitute care; 164 of them are placed in foster homes in Nueces County and the rest are in residential treatment centers or in privately owned foster homes. There are also 67 children who are wards of the state and who are awaiting adoption. All of them have been removed from their birth homes due to abuse, neglect and/or abandonment. r Minutes Regular Council Meeting March 14, 1995 Page 2 She asked the Council Members, through their frequent contact with citizens, to promote the need for more foster homes. She noted that National Foster Parent Day is in May. Ms. Reyes said that some of the requirements to be a foster parent are: single or married person (must be married for at least two years); no history of child abuse or neglect; no criminal history; must past heath inspection of home; at least 40 square feet per foster child's bedroom; and no physical discipline of the foster child is allowed. For more information, people can call the Texas Department of Protective and Regulatory Services at (512) 854-2011. * * * * * * * * * * * * * Mr. Alex Harris, Chairman of the Columbus Fleet Association, introduced Ms. Ricki Whittle as the association's first paid president. Ms. Whittle, who was chosen from among 100 applicants nationwide, is an active Corpus Christi resident with an extensive amount of management and fundraising experience, said Mr. Harris. She has been involved with the American Cancer Society as well as Leadership Corpus Christi, Leadership Texas and Leadership America, among other organizations. Ms. Whittle expressed her appreciation and enthusiasm for her new position. * * * * * * * * * * * * * Mayor Rhodes announced that due to the absence of Council Members Longoria and Martin and the election constraints (30 days prior to a city election, contracts, zoning cases, appropriations, franchises and obligations require a two-thirds vote of the Council), she was withdrawing Item 19 for one week. Council Member Noyola expressed his objection to that action. The Mayor then opened discussion on Item 1, a presentation on the JFK Causeway. She added that Item 3, regarding the Crosstown Expressway extension, would also be discussed at this time. Mr. Tom Utter, Group Manager for Development Services, introduced Mr. Joe Moseley, of Shiner, Moseley & Associates. Mr. Utter explained that Mr. Moseley's firm and the firm of Olivarri & Associates have been hired by the Texas Department of Transportation (TXDOT) and the Corpus Christi Metropolitan Planning Organization (MPO) to evaluate modification alternatives for the JFK Causeway. Mr. Moseley used maps and charts to discuss the nature of the study being conducted and the characteristics of the Laguna Madre many years ago and today. He noted that major concerns to be addressed by the study are environmental concerns, public safety priorities, public participation, and cost. Relating to environmental concerns, Mr. Moseley pointed out that the JFK Causeway, which was built in the 1950s from fill material dredged from the Laguna, acts as a dam across it, blocking the interchange and circulation of water between the Laguna Madre and Corpus Christi Bay. Minutes Regular Council Meeting March 14, 1995 Page 3 Mr. Moseley said all of the alternatives will be studied, ranging from leaving the causeway in almost the same condition it is now to raising the entire structure. The study itself should be completed by August 1995, he continued, followed by obtaining funding from the state, conducting necessary environmental studies, and designing and constructing it, which would take at least six years. Mr. Tom Word, TXDOT Regional Engineer, reiterated that the study will incorporate input from many different groups and individuals, and the project's goal is to correct the problems currently associated with the causeway. He added that since funding is limited throughout the state, it is important that all of the alternatives and concerns be addressed. Mayor Rhodes emphasized the importance of the community taking part in the study and supporting the project once it gets underway. Council Member McNichols pointed out that the study, which is being funded by TXDOT, will involve the expertise of many trained individuals. Responding to Council Member Moss, Mr. Word said that utilization of the JFK Causeway bridge will be one of the aspects of the study. He added that there may be both short-term and long- term aspects of the project addressing immediate needs and trying to plan for future development of Padre and Mustang Islands. Also, since any construction involving the causeway will require federal as well as state monies, it will have to be phased in over a period of years, with construction not beginning for probably another three years. Addressing Council Member Best's question, Mr. Word said the bridge spanning the Intracoastal Waterway would eventually have to be expanded to six lanes. Another alternative would be a structure parallel to the waterway bridge. Referring to Item 3, Mr. Utter described how in 1992 the City Council and other leaders made a presentation before the Texas Transportation Commission about three different projects --elevation of the JFK Causeway, improvements to Ennis Joslin near Texas A&M University -Corpus Christi (TAMU-CC), and the Crosstown Expressway/Padre Island Drive interchange. He said the access roads for the interchange project have been completed; now the Council must ask the Transportation Commission for the funds to build the interchange itself. Mr. Utter added that Shiner, Moseley and Associates Inc. have prepared a draft proposal that, if approved by the Council, would be sent to TXDOT in anticipation of a meeting on March 30, 1995. Mr. Carl Crull, Group Manager for Public Works and Utilities, referred to the draft proposal, noting that even though Saratoga Boulevard has been improved (and Holly Road is under construction), those parallel roadways to South Padre Island Drive (SH 358) cannot be fully utilized unless the Crosstown/SPID interchange is completed. Another issue is public safety, said Mr. Crull, pointing out that the traffic rate on SH 358 is 220% of the average for similar facilities in the state. In addition, SH 358 is the principal evacuation route for most of the people on the city's southside Minutes Regular Council Meeting March 14, 1995 Page 4 and on Padre and Mustang Islands. Mr. Crull also said there has been a dramatic (600%) increase in traffic on SPID between 1970 and 1993, with over 120,000 vehicles a day today. Mr. Crull said in the past the Texas Transportation Commission has supported this project; however, there are two new members of the commission and a new executive director of TXDOT, and the city must inform them of its desire to receive funding for this project. Responding to Council Member Cooper, Mr. Crull explained that the interchange consists of a series of bridges and ramps that allow two major expressway sections (Crosstown and SPID) to cross each other. He added that according to local TXDOT officials, plans for the interchange are about 50% completed and a value analysis has been completed. Mrs. Cooper noted that the interchange is different from the extension to Crosstown Expressway south of SPID, which is currently under construction; the extension would include overpasses over both Holly and Saratoga. Mr. Crull added that part of the proposal to be sent to the Transportation Commission will include signature pages for local officials to express their support. He said individual letters from the Council and citizens would help express the community's support of the interchange project. Mr. Moss urged staff to make a united presentation to the Transportation Commission at either their March or April meeting to seek funding for the interchange project. Referring to the previous discussion about the JFK Causeway, Mr. Utter said there will be a public information meeting on April 12, 1995 at 5 p.m. at the Blucher Institute at the TAMU-CC campus. Brochures will be available in the City Secretary's Office. 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. 022175 Resolution reaffirming the desires of the City of Corpus Christi, Texas to have the Texas Department of Transportation (TXDOT) proceed with the completion of the Crosstown Expressway/Padre Island Drive Interchange as expeditiously as possible and to allocate the necessary funds from Category 12, Commission Strategic Priority. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, a presentation by the Workforce Development Corporation (WDC). Minutes Regular Council Meeting March 14, 1995 Page 5 Mr. Ron Jennings, Chairman of the Workforce Development Corporation, explained that there have been some substantial changes proposed by the U.S. Congress which may impact over 3,000 people involved in the WDC's Summer Youth Program, including youth, parents and supervisors. He said the House Appropriations Committee has forwarded a bill to the full House that would basically eliminate the entire Summer Youth Program; it would cut in half the WDC's year-round program, which currently supports two of the alternative high schools in the area; and it would modestly reduce some of the adult programs. He said the WDC had planned to serve 700 at -risk youth in the Summer Youth Program who are in danger of dropping out of school. The youth are currently being recruited into the program, which provides academic remediation as well as summer employment at over 500 locations in the area. Research indicates that without this important program, two out of three of the youth will not have a job or any organized activity for the summer, and they will be behind in their academic studies. Mr. Jennings described the legislative schedule for the proposed bill, and noted that the WDC's funds for the Summer Youth Program that are carried over from last year will probably only last through March 31. He had hoped to present the program's master plan to the WDC Executive Committee on April 4, but it is possible that a final decision about cutting or retaining the program on the national level will not have been made by that time. Mayor Rhodes offered her support to encourage Congress to retain the Summer Youth Program. Responding to Council Member Best, Mr. Jennings said it is possible the proposed legislation would cut the WDC's budget by $1.2 million. Dr. Best then asked if the WDC could pursue private funding for the youth program, and Mr. Jennings replied that due to stringent Department of Labor regulations pertaining to hiring these youth, many private employers are hesitant to hire them. *ssrs+rssssss Mayor Rhodes opened discussion on Item 4, wastewater collection system assessment. City Manager Garza stated that this program is included in the Capital Improvement Plan, and involves an area of the city with a high concentration of property values. Because of the age and condition of the present system, this assessment is necessary. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: M95-049 Motion authorizing a contract in the amount of $84,600 with ADS Environmental Services, Inc. for an assessment of the downtown wastewater collection system. Minutes Regular Council Meeting March 14, 1995 Page 6 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, Phase II of the Columbus Fleet Shipyard contract. Mr. R.H. Shackelford, Director of Engineering Services, explained that when staff originally recommended the award of the Phase II construction contract, staff indicated that a deductive change order might be necessary in order to remain within available funding for all phases of the project. Due to the limited time for this construction, the Columbus Fleet Association has been unable to raise the additional funds, so the project has been somewhat scaled back. The revised construction involves eliminating the quarterdeck area and building a walkway instead. In addition, Mr. Shackelford said staff is requesting that Council allow the present contractor, while he is mobilized, to drill the piling required for the Phase III museum expansion, which would result in a 10% savings. Mayor Rhodes called for comments from the audience, and there were none. Council Member Moss noted that the equipment for Phase II is already on site, and Mr. Shackelford stated that the project is on a "fast track" in order to be open by May 15, the start of the summer tourist season. Council Member Galindo expressed his support of the deductive change order. City Secretary Chapa polled the Council for their votes as follows: 5. M95-056 Motion approving deductive Change Order No. 1 to King Isles, Inc./Duncan-Russo, Inc., A Joint Venture in the amount of $283,440 for value engineering savings and deferral of work/design modifications to the Columbus Fleet Shipyard and Seaport Project, Phase II Shipyard Contract No. 2. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting "Aye"; Noyola voting "No"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, regarding the location of the new Fire Station No. 7. She pointed out that this item was not a zoning case, but rather a resolution supporting the Minutes Regular Council Meeting March 14, 1995 Page 7 zoning case that had been previously approved. Mayor Rhodes called for comments from the audience. Mr. Leon Loeb, Managing General Partner of Loeb & Co. Ltd., which owns Hamlin Shopping Center across the street from the fire station location, said he thought a site plan of the new fire station would be included with the resolution. Mr. Shackelford replied that a map was included in the Council Members' packets, which calls for the fire station to front South Staples with the main entrance and exit driveways located on Staples. There would also be a rear entrance driveway off of Doddridge. Mayor Rhodes asked that the map be attached to the resolution. Responding to Council Member Moss, Mr. Shackelford said he understood that the Doddridge driveway would only be used by fire trucks to reenter the site and not as a primary response driveway. City Manager Garza added that he would direct the Fire Chief to ensure that the Doddridge driveway would not be used by Fire Department employees to enter and leave the site in their private vehicles. Council Member Noyola expressed the same concern that the Staples Street driveway be used for all vehicular traffic and the Doddridge driveway be used only for fire trucks reentering the lot. City Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 022176 Resolution expressing the City Council's intent not to change the zoning of Hopper Addition, Unit 2, Block 8, Lot 17-C from the current "R -1B" One -family Dwelling District, to direct staff to design the new fire station facilities to protect surrounding residential properties and to urge future city councils to continue the policy of protecting the surrounding residential properties and maintaining the present zoning classification. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, grant application for used -oil collection center. Mr. Malcolm Matthews, Director of the Park and Recreation Department, said there have been environmental problems associated with the used oil at the marina. The Texas Natural Resource Conservation Commission (TNRCC) offers grants to establish do-it-yourself used oil collection centers. The 100% grant ($32,938) would allow for the fencing of an area on the Coopers Alley L - Head that would have one central container; in addition, collection containers will be distributed to every marina tenant and educational programs will be offered. Minutes Regular Council Meeting March 14, 1995 Page 8 Council Member Galindo asked if the individual collection containers would be paid for by the grant, and Mr. Matthews said they would. He also said his department will work with staff from the Solid Waste Department on who would collect and recycle the oil. Group Manager Utter stated that recycled oil generally can be picked up at no cost to the city. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 022177 Resolution authorizing the City Manager, or his designee, to sign a grant application and enter into a contract with the Texas Natural Resource Conservation Commission (TNRCC) for $32,938 to implement a Used -Oil Collection Center at the City Marina, and to undertake all actions necessary to implement the project; assuring compliance with fiscal reimbursement and reporting requirements; assuring that the Grant funds will only be spent for the Used -Oil Collection Center at the City Marina; and assuring that this project supports the regional solid waste management plans and programs. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 8.a. through 8.c., Texas A&M University -Corpus Christi (TAMU-CC) water and wastewater improvements. City Manager Garza expressed enthusiasm about this project, noting that the city purchased the land on which the university sits and donated it to the state. He said the city made some commitments some years ago when staff approached the state about converting the institution to a four-year university, and now those efforts are coming to fruition. Group Manager Crull stated that in the school's transition from a two-year to four-year university, it was discovered that the water and wastewater systems were inadequate and needed to be rehabilitated. A cooperative agreement was established in which one engineer and one contractor would design and construct the project, and TAMU-CC would pay for their portion of it. Council Member McNichols pointed out that the total project budget is $634,178, and the portion that is being appropriated from TAMU-CC is $199,766, with the remainder coming from the city's water and wastewater Capital Improvement Program. Dr. McNichols added that this action illustrates how the city is working to ensure the success of the university. Dr. McNichols questioned the 25% range on the bids that were received. Mr. Crull replied Minutes Regular Council Meeting March 14, 1995 Page 9 that although they have not contracted directly with the city in the past, Cheyenne Paving provides construction services to local developers for residential subdivisions, which are inspected by city staff. He added that the principals of Cheyenne Paving have extensive local experience and staff is confident of their ability to perform the work. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. M95-057 Motion authorizing the City Manager to execute the Agreement between the City of Corpus Christi and Texas A&M University - Corpus Christi (TAMU-CC) for water and wastewater improvements on and adjacent to the TAMU-CC campus. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 8.b. ORDINANCE NO. 022178 Ordinance appropriating $199,766 received from Texas A&M University - Corpus Christi (TAMU-CC) as the University's share for the water improvements on the TAMU-CC campus; amending Ordinance No. 022076 which adopted the FY 1994-95 Capital Budget, to add $199,766 to the No. 205 Water Capital Improvement Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 8.c. M95-058 Motion awarding a contract in the amount of $477,777.85 to Cheyenne Paving, Inc. to perform water and wastewater improvements. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Due to the charter requirements prompted by the upcoming election, Mayor Rhodes noted that a motion was needed to open each of the public hearings on the day's agenda. Council Member Noyola made a motion to open the public hearing on the following zoning case, seconded by Council Member McNichols, and passed unanimously. Minutes Regular Council Meeting March 14, 1995 Page 10 9. Case No. 195-3, Lincoln Property Company: A change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Coastal Bend Subdivision, Block 1, Lot 1, located on the north side of Farm to Market Road 624 at Riverside Boulevard. Mayor Rhodes stated that the Planning Commission recommended denial of the "B-4" District on the east 190 feet and approval of the "B-4" District on the west 375.94 feet, while the staff's recommendation was approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Group Manager Utter explained that the Planning Commission determined that it would be better to maintain the "B-1" zoning on the portion of the property that is adjacent to the school. City Secretary Chapa clarified that the Council was voting on the ordinance as recommended by the Planning Commission, and Mayor Rhodes concurred. He then polled the Council for their votes as follows: ORDINANCE NO. 022179 Amending the Zoning Ordinance upon application by Lincoln Property Company, by changing the Zoning Map in reference to Coastal Bend Subdivision, Block 1, west 375.94 feet of Lot 1, from "B-1" Neighborhood Business District to "B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting "Aye"; Longoria, Martin and Noyola absent. *++s*+s*sssss Council Member Galindo made a motion to open the public hearing on the following zoning case, seconded by Council Member McNichols, and passed unanimously. 10. Case No. 295-1, Southwestern Refining Co.. Inc.: A change of zoning from "R -1B" One - Family Dwelling and "A-1" Apartment House Districts to `B-1" Neighborhood Business District on Nueces Bay Heights Extension, Block 25, Lots 1 through 4, located on the northeast corner of Nueces Bay Boulevard and Minton Street. Mayor Rhodes said the Planning Commission and staff recommended approval. Mr. Ernest Carter, 1711 Stillman, submitted a list of names of people who requested that the proposed zoning case be delayed until an overall plan of action for the area is adopted. Mr. Carter stated that the residents of that community have been exposed to pollution emitted by the adjacent Minutes Regular Council Meeting March 14, 1995 Page 11 refinery. He said the residents have suffered from emphysema, Alzheimer's disease and respiratory ailments. He asked about the status of the proposed buy-out of the land in that area by the refineries. Mayor Rhodes asked Mr. Carter to direct his comments and questions to the zoning case being considered, adding that he could forward his questions to staff and they would be answered. Referring to Mr. Carter's list of residents, Group Manager Utter said Mr. Brandol Harvey, Director of Planning and Development, reviewed the list and indicated that all but one of the residents listed were outside the 200 -feet notification area. Mr. Harvey said the zoning request is for "B-1" to allow for a parking lot adjacent to the refinery. He noted that the same sort of activity has occurred to the north through the actions of Southwestern and CITGO refineries, and the City Council has granted rezoning applications for office use and parking lots. He then showed a video of the subject property and surrounding land uses. Mr. Harvey commented that the Planning Commission and staff took into account prior Council action that created buffer zones around the refineries; the sequence of blocks between Nueces Bay and Floral Street in particular are transitioning from single-family neighborhoods to professional office use and neighborhood commercial use. Referring to prior zoning cases, he said Floral Street is the boundary for those rezonings to accommodate that transitional zoning, and properties east of Floral Street would remain "R -1B." Mayor Rhodes said she was sympathetic to the neighbors' concerns, but said this rezoning was part of the transition plan. She reiterated that she would like Mr. Carter to receive written answers to his questions. Council Member Galindo asked why a special permit was not considered in this case. Mr. Harvey replied that a special permit for parking was unnecessary since parking was one of the allowable uses in `B-1," which is an acceptable use next to a neighborhood. He added that in this case, the parking lot in "B-1" is being used to separate a neighborhood from an industrial use. Mr. Galindo said he sympathized with the neighbors' concerns and said if they would be agreeable, he would support a special permit for the parking lot, rather than rezoning the property to `B-1." Mr. Harvey remarked that a special permit was discussed, but the "B-1" rezoning was sought because it was consistent with rezoning actions that had occurred around other refineries as part of the transition plan. Mr. Utter said he had just spoken with representatives of the applicant, who indicated they would accept a special permit for the parking lot. Mr. Galindo made a motion to deny the "B-1" zoning and, in lieu thereof, to ask staff to bring back an ordinance next week granting a special permit for the parking lot; seconded by Council Member Noyola. Council Member McNichols said the need exists to create a buffer zone around the refineries; Minutes Regular Council Meeting March 14, 1995 Page 12 however, the city should not try to zone people out of their existing neighborhoods, and the special permit would be preferable. Mayor Rhodes emphasized that the long-term solution still is to move the residents away from the refineries. She told Mr. Clark she would update him on the buy-out plan. City Secretary Chapa polled the Council on the motion to direct staff to deny the zoning request and to bring back a special permit for a parking lot. The motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Council Member Galindo made a motion to open the public hearing on the following zoning case, seconded by Council Member McNichols, and passed unanimously. 11. Case No. C295-2, City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling District to "B-3" Business District on 6.0 acres out of Lot 2, Section 4, Bohemian Colony Lands, located on the southwest corner of South Padre Island Drive and Crosstown Expressway. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022180 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to 6.0 acres out of Lot 2, Section 4, Bohemian Colony Lands, from "R -1B" One -family Dwelling to "B-3" Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Council Member Galindo made a motion to open the public hearing on the following zoning case, seconded by Council Member Noyola, and passed unanimously. 12. Case No. 395-4. PPL Morgan Ltd.: A change of zoning from "R-2" Multiple Dwelling and "B-1" Neighborhood Business District to `B-4" General Business District on Ropes and Chamberlin Bay Terrace No. 2, Block 1600, Lots 24 and 41A and portions of Lots 21 through 23, located on the north corner of Nineteenth Street and Crosstown Expressway. Minutes Regular Council Meeting March 14, 1995 Page 13 Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022181 Amending the Zoning Ordinance upon application by PPI Morgan, Ltd., by changing the Zoning Map in reference to Ropes and Chamberlin Bay Terrace No. 2, Block 1600, Lots 24 and 41A and portions of Lots 21 through 23, from "R-2" Multiple Dwelling and "B-1" Neighborhood Business District to "B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. F • f • # f F / • 4 ■ • # Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 13 through 20. Council Members requested that Items 13 and 17 be withheld for discussion; the Mayor said Item 19 would be postponed for one week. City Secretary Chapa polled the Council for their votes and the following were passed: 14. M95-060 Motion approving the purchase of a 1250 GPM pumper fire truck, with basic tools and equipment, in accordance with Bid Invitation No. BI -0100-95, from the following, based on low bid, low bid meeting specifications, and best bid. The truck and equipment is included in the 1994-95 Fire Department Capital Outlay as replacement equipment. Pierce Manufacturing c/o Guadalupe Fire & Safety Schertz. Texas Pumper Truck $160,751.47 KME Fire Apparatus c/o Casco Industries New Braunfels. Texas $2,072.00 Central States Fire Apparatus c/o 4 Alarm Fire Equipment Houston. Texas 2 Equipment Items $1,310.00 Smeal Fire Apparatus c/o Mile -Hi Fire Equipment Round Rock, Texas $1,505.50 Minutes Regular Council Meeting March 14, 1995 Page 14 Vallen Safety Supply Erriccson Corpus Christi, Texas Portland, Texas 18 Equipment Items 3 Equipment Items $22,497.94 $4,750.00 Grand Total: $192,886.91 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 15. M95-061 Motion awarding a contract in the amount of $46,400 to GCC Constructors, Inc. for restroom improvements at the Harbor Playhouse. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 16.a. M95-062 Motion authorizing the City Manager to execute a contract with the Texas Department of Health in the amount of $179,810 for immunization services during the period of January I, 1995 to December 31, 1995 and for tuberculosis control services during the period of February 1, 1995 to January 31, 1996. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 16.b. ORDINANCE NO. 022182 Ordinance appropriating a grant in the amount of $179,810 from the Texas Department of Health for immunization services during the period of January 1, 1995 to December 31, 1995 and for tuberculosis control services during the period of February 1, 1995 to January 31, 1996; amending Ordinance No. 021997 which adopted the FY 1994-95 budget by adding $179,810 to the No. 162 Federal/State Grants Fund -Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 18. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a deed to the State of Texas for Minutes Regular Council Meeting March 14, 1995 Page 15 four (4) parcels acquired by the City of Corpus Christi for the F.M. 665 (Old Brownsville Road) Improvements. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. 19. POSTPONED g me operat,ng cS OI the GaLlc IcttViSiOn puiaiulcl Lo acne VI ivwugauuu aiiu appcal }uuwuwca. 20. ORDINANCE NO. 022183 Authorizing the City Manager, or his designee, to execute a Tourist Industrial District Agreement with the Brooks 1994 Family Trust, Garnett T. Brooks, III, and Laura Ann Brooks, Co -Trustees; reserving and preserving all rights, powers, and duties of the City Council. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 13, purchase of trucks and sedans. Council Member McNichols questioned the amounts of some of the bids. City Manager Garza replied that in the case of the vehicles with the CNG dual fuel system, that requirement does make them more expensive; however, staff feels it is worth the investment because it will allow the city to begin using compressed natural gas. He said he asked Mr. Crull to review the bids because of the amount of monies involved, and staff is convinced that these were good purchases. Dr. McNichols questioned specific requirements for some of the vehicles, including the need for four-wheel drive, duel -fuel capacity, and automatic transmission. Mr. Garza pointed out that staff keeps very detailed records on the maintenance costs of the equipment, and when it becomes too expensive to maintain a piece of equipment, staff will make a recommendation to replace it. Council Member Moss asked staff to investigate using propane rather than compressed natural gas. Responding to a question from Council Member Galindo, Mr. Crull added that these were all replacement vehicles and there were no add-ons. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting March 14, 1995 Page 16 City Secretary Chapa polled the Council for their votes as follows: 13. M95-059 Motion approving the purchase of sixty-three trucks and sedans in accordance with Bid Invitation No. BI -0098-95 from the following dealers. Awards for 52 units are based on low bid; 4 units are based on low bid meeting specifications; 6 units are based on best bid; and 1 unit is based on only bid. The vehicles are budgeted in the 1994-95 Capital Outlay as replacements for Wastewater Services, Maintenance Services, Maintenance Services Pool, Water, Gas, Police, and Aviation. Courtesy Ford Corpus Christi 33 Units $515,167.00 Crosstown Ford Corpus Christi 11 Units $472,467.60 GRAND TOTAL: $1,251,370.08 Vista Chevrolet Corpus Christi 19 Units $263,735.48 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 17, closing and abandoning a portion of Windward Drive and Leeward Drive right-of-way. Council Member McNichols asked why there was a Targe portion of street right-of-way with regard to this item. Mr. Crull responded that at one time, the intent was for Windward Drive to parallel Leeward Drive going to the south. When the road was reconfigured, in order to bring Leeward at a 90 -degree angle to Windward, which was on the curve, Leeward was curved back to the south, which created an excess "island." He said the city has no need for it other than retaining easements for the storm sewer system and the gas line, which means that the owner can pave over it but cannot construct any permanent structures on it. Mayor Rhodes called for comments from the audience. Mr. Cliff Zarsky, the owner of the property in question, said originally Windward Street did not extend south as it presently does. However, this area was not developed according to the plat and the large piece of right-of-way which had been dedicated was not needed after all. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting March 14, 1995 Page 17 17. FIRST READING ORDINANCE Closing and abandoning a 3,076.61 -square foot portion of Windward Drive and Leeward Drive right-of-way; adjoining Lot 12, Block 46, Padre Island Section "A"; subject to the compliance with the specified conditions; and the owner replatting of the property within 180 days at owner's expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said that during the February 28, 1995 presentation on the budget, the Council had requested a comparison be done on the city's annual tax/utilities costs with those of other cities in the state. He used charts to illustrate that Corpus Christi is very competitive in its ad valorem tax rates, residential water/wastewater/solid waste costs, and gas and electrical costs. Council Member McNichols said citizens question why there was a need for a 6% utility increase in each of the utilities when some of the utilities did not have financial problems as other utilities did. He said it was important to emphasize that the utilities are combined into one fund in order to meet the needs of all the utilities in the future. Mr. Garza added that the rising expenses in some utilities, such as wastewater, are caused by increasingly stringent federal regulations pertaining to environmental controls. Mayor Rhodes pointed out that if the city did not maintain an adequate wastewater treatment capacity, then no new construction or development would be allowed; in fact, such a situation has occurred in other cities, such as Austin and Houston. Council Member Galindo commented that in Corpus Christi, gas customers are having to subsidize the all -electric customers, which he said was unfair. Mr. Garza replied that Corpus Christi is working under different constraints than other Texas cities; as a result, Corpus Christi has to find ways to maximize the financing capacity of the combined utility system. Responding to Council Member Noyola, Mr. Garza said there was no new information regarding the appeal of the water contract by the Lavaca-Navidad River Authority. Mr. Garza said he is proud of city staff for keeping the cost of basic services down, but there is a tremendous challenge to keep up with the wastewater treatment requirements. Responding to Council Member Moss, Mr. Garza described in more detail the ad valorem cost based on an $80,000 home with only the homestead exemption. Council Member Best pointed out that the other taxing entities' cost were not included in the chart --only the city's taxes were. Mr. Garza answered that staff would provide that information. Minutes Regular Council Meeting March 14, 1995 Page 18 ************* In her update, Mayor Rhodes asked if improvements to Waldron Road were completed, and Mr. Garza said it was almost completed. She also asked for an update on the Hilltop Senior Center. Group Manager Utter said the architectural selection process was underway, with construction planned beginning in fall 1995. He said once the architect is chosen, then he or she will meet with the citizens who will use that center and solicit their input on its design. The Mayor praised the work done on the Oveal Williams and Zavala Senior Centers. She also reminded citizens that more items will be able to be included in the recycling bins. Mayor Rhodes called for Council concerns and reports. Council Member Noyola asked staff to estimate what it would cost to build police substations throughout the city. Council Member Best said that during a recent National League of Cities (NLC) meeting in Washington, D.C., he learned of a community in South Carolina which bought HUD houses, refurbished them, and provided them to police officers rent-free as a way to increase police presence in the neighborhoods. The result was a dramatic decrease in the crime rate there. Mr. Garza said Chief Garrett approached him about a similar idea and staff was reviewing it. Council Member Cooper discussed a session she attended at the NLC meeting about neighborhood empowerment, and she hoped some of those ideas could be incorporated in this city. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Raymond Hasker, 1813 Wallace, asked if payments to the Lavaca-Navidad River Authority (LNRA) would begin on August 1, 1995, and if there would be interest payments as well. City Attorney Bray replied that it was not the city's plan to make payments until the legal issues have been finally resolved. Mayor Rhodes said an election on the issue would be held after the legal process has concluded. Referring to another question from Mr. Hasker, Mr. Bray explained that there are legal fees which are apart from the contractual payments for the water. He said if it is finally determined that the contract is valid, the legal fees would be a proper expense under the contract, and there would be interest owing back from the date those fees were owed. Mr. Bray went on to say that the contract provides for the city's share of the water be paid on a monthly basis, and if the city's payment is more than 30 days late in any month, then 15% interest would be charged. Mr. Garza said the city's course of action on this matter was prudent. Responding to Council Member Best, Mr. Bray said if the contract is upheld, then the legal costs are part of the proper contractual costs. If the contract is not upheld, then the situation would Minutes Regular Council Meeting March 14, 1995 Page 19 be different. He added that the city has paid for none of LNRA's appeal at this point. Mr. Bray also said that if the court upheld the contract, but the voters failed to approve it, then the contract would still be valid and the city would have to meet its obligation under the contract. LNRA has said if that were to occur, it would work with the city to try to find a purchaser for the water to allow the city to get out of the contract. Mr. Hasker further questioned the validity of the LNRA contract. Mr. Bray reiterated that the city is not making any payments for the water at this time, and if the contract is still under appeal beginning August 1, the city will still not make any payments for water until the legal issue is resolved. A brief discussion ensued, and Council Member McNichols noted that the costs of the water are small compared to the task the city is trying to accomplish in securing a future supply of water. Mayor Rhodes emphasized that the City of Corpus Christi would cease to exist if it does not have water in the future. Mr. Abel Alonzo, 1701 Thames, referred to the previous discussion of the Summer Youth Program, saying that the program has helped thousands of youth in the city. If it is eliminated, many children will lose the opportunity to improve their lives. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:35 p.m. on March 14, 1995. *************