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HomeMy WebLinkAboutMinutes City Council - 05/09/1995I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus O isti of May 9, 1995, which were approved by the City Council on May 16, 1995. WITNESSETH MY HAND AND SEAL, this 16th day of May, 1995. SEAL t Ataa dzr, Armando% Chap City Secretary MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 9, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Jean Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels John Longoria Edward Martin Dr. David McNichols 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 Pastor Alston Kirk, Trinity Lutheran Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. 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 April 25, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 1, a presentation on water supply issues. City Manager Garza prefaced the presentation by saying that for many years the city has been developing existing water resources and working to acquire more resources. He noted that the essence of water planning is to determine how much water would be available during a severe drought as compared to the consumption. Council Member Betty Jean Longoria asked what the definition of a severe drought is, and Mr. Garza replied that a historical gauge is used; in this case, it is a severe drought occurring in Texas in the late 1940s and 1950s. Minutes Regular Council Meeting May 9, 1995 Page 2 Mr. James Dodson, Regional Water Director, used charts and visual aids to discuss the importance of planning for a dependable water supply for this area. He cited the example of how the severe drought of the 1950s affected the city of Dallas, resulting in that city's aggressive water supply planning the following years. He described the history of water supply projects undertaken in this area, beginning with a small dam and pump station on the Nueces River near Calallen in 1898 and continuing with the development of Lake Corpus Christi in 1958 and Choke Canyon Reservoir in 1982. However, said Mr. Dodson, before there was an appreciable supply of water in Choke Canyon, the Corpus Christi area experienced a drought beginning in 1984. By that time, the area's demand for water had grown to equal the supply available from Lake Corpus Christi. As a result, drought management conditions had to be implemented. And in the late 1980s it was determined that even with Lake Corpus Christi and Choke Canyon Dam, there would still not be an adequate supply of water for this area. Additional water supplies would have to come from projects outside the Nueces Basin. He noted that while Corpus Christi is the largest demand center for water in this area, it is a regional water supply system consisting of 12 counties with which Corpus Christi is a partner. The current water supply is 58% of the system capacity, or 430,000 acre-feet of water in storage. But the key element is the amount of dependable water available during a severe drought. Mr. Dodson added that it takes 25 to 40 years to develop a major water supply source, and it is imperative that the city continue developing those sources. Mr. Dodson also described the city's three-point strategy in developing water resources: maximize the existing supplies; develop additional supplies as needed; and ensure that water is affordable. He added that this region, out of necessity, is one of the leaders in the state in terms of water conservation. New water supplies being investigated include the Lavaca-Navidad River Authority. Regarding water affordability, Mr. Dodson discussed a comparison of water supply options and their estimated costs. Council Member Martin commended Mr. Dodson's presentation, and asked about the demand projections. Mr. Dodson replied that the demand projections were based on consumption in 1990, which was a dry year and resulted in higher consumption; actual usage from 1991 to 1995 was less. However, the 1990 consumption is used because of the need to plan for worst case scenarios. Upon verification by Mr. Dodson, Mr. Martin noted that there are variables above and below those demand projections. Responding to Council Member Best, Mr. Dodson said the city is contractually bound to supply water to its partners in the region. Mr. Dodson added that water conservation plans are in effect for all of the water consumers to prevent wasteful usage. In addition, the city is encouraging existing and future industries to be more water efficient while continuing to encourage growth and investment in the city. Minutes Regular Council Meeting May 9, 1995 Page 3 In reply to another question from Dr. Best, Mr. Dodson said that the purchase of water from the Lavaca-Navidad and Garwood systems will not make up the total water supply shortfall over the long term. He briefly described the very real concerns San Antonio is currently facing with regards to its water supply. Responding to Council Member Heldenfels, City Attorney Bray briefly addressed the force majeure clause, adding that the water contracts also contain specific provisions for water shortage. Mr. Heldenfels then asked about the possibility of dredging Choke Canyon Reservoir. Mr. Dodson replied that there is not an appreciable filling in of Choke Canyon; however, there is concern about sedimentation in Lake Corpus Christi. Council Member John Longoria asked about the drought contingency measures. Mr. Dodson said Phase I measures would not be initiated until the area's water supply was at 30% of capacity. The freshwater inflow management plan contains a different drought trigger level. Mr. Dodson added that staff would discuss this matter further with the Council, possibly in June. Council Member McNichols pointed out that an important step in the area's water supply has been addressed with an alteration of the freshwater release agreed order. He also noted that while the coastal area has had some good periods of rain, the watershed has had very little rain. He said coastal rains affect landscaping water consumption, but do not affect human and industrial consumption. He warned against developing a false sense of security about the amount of water that is available, and emphasized the importance of continuing to develop water supplies for this area. *• t• k# s R# k s t Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Airport Advisory Board Joe Adame (Reappointed) Citizens Advisory Health Board Blanca Rosa Garcia Dan Chapa III Commission on Children and Youth Grace Rank (Reappointed) Mary Strickland (Reappointed) Veronica Trevifio (Reappointed) Minutes Regular Council Meeting May 9, 1995 Page 4 Susan Armstrong Carlos Rios Housing Authority Orlando Leal (Reappointed) Judy Hale (Reappointed) Kathy Morrison (Appointed by the Mayor) Municipal Arts Commission Alda Godines Coastal Bend Council of Governments Council Member Dr. Jack Best Council Member Edward Martin Council Member John Longoria Council Member Tony Heldenfels Clif Moss Annie Jean Castro representing Council Member McNichols Rex Kinnison representing Council Member Cooper Ben Okoh representing Council Member Betty Jean Longoria Juan Garza (Alternate) Bill Hennings (Alternate) Carl Crull (Alternate) Jorge Garza (Alternate) Tom Utter (Alternate) Joe Montez (Alternate) Armando Chapa (Alternate) James Dodson (Alternate) ************* Mayor Rhodes opened discussion on Item 2, establishing a Sister City in Agen, France. Mr. Malcolm Matthews, Director of Park and Recreation, said Corpus Christi is associated with Sister Cities International and follows their procedure in establishing a new sister city. Ms. Drue Combs, General Chairperson of the Sister City Committee, said Corpus Christi is hoping to develop a tri -city relationship with Agen and Toledo, Spain (which is currently a sister city with Corpus Christi). She said Agen is located in the south of France and has a population of about 60,000, with agriculture as the area's chief industry. She said staff is also trying to develop a sister city in Minutes Regular Council Meeting May 9, 1995 Page 5 Germany, and is planning a trip in June to the sister city of Veracruz, Mexico. Council Member Cooper commended staff on the Sister City Program, commenting on how valuable the program is. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chaps polled the Council for their votes as follows: RESOLUTION NO. 022218 Resolution inviting the City of Agen, France to become a Sister City of Corpus Christi, Texas and conveying the warmest regards and deepest fraternal sentiment of the people of Corpus Christi to the people of Agen. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." # F t i# i f t*##* i Mayor Rhodes opened discussion on Item 3, Central Power and Light (CPL) rate case. City Manager Garza stated that in August 1993 the City Council passed a resolution authorizing Corpus Christi to join with other cities in intervening in the fuel rate case filed by CPL at the Public Utilities Commission (PUC). In addition, the Council passed an ordinance in March 1994 reducing CPL's rates by $136,932,000 annually. Regarding the base rate case, Mr. Garza noted that the proposed settlement consists of a $50 million base rate refund; $16.5 million reduction of CPL revenues over three years; and $26.6 million from accounting asset write-down, for a total of $93.1 million. With respect to the fuel case, the settlement entails a $67.3 million disallowance of fuel costs; $23.6 million fuel refund; and a $54.6 million reduction in the fuel factor, for a total of $145.5 million. The two cases equal a proposed total settlement of $238.6 million. Mr. Garza added that this proposed settlement has been reached after much hard work by the involved parties, and he urged the Council to endorse it. Mr. Geoffrey Gay, with the law firm of Butler, Porter, Gay & Day, representing the coalition of cities involved in the proceedings before the PUC, addressed the Council. He used visual aids to describe the history of the events in this case against CPL, noting that one primary event was the shutdown of the South Texas Nuclear Project (STP) beginning in February 1993 and lasting until May 1994. He said most of the proceedings relate in some way to that outage, adding that Corpus Minutes Regular Council Meeting May 9, 1995 Page 6 Christi and the other cities would not realize any of the proposed benefits had they not initiated action with the PUC. He said one of the key factors in moving toward a resolution of this case has been the successful operation of the nuclear facility since it returned to service in May 1994. Mr. Gay described the four Commission proceedings addressed by the settlement: CPL's attempt to surcharge ratepayers for costs associated with the STP shutdown; the base rate case and proposed refund; the prudence case initiated by the PUC General Counsel regarding management at the nuclear plant; and CPL's request to reconcile fuel costs (a portion of which will not be settled at this time). Mr. Gay also described the impact of the proposed settlement on residential consumers. He noted that an average residential customer's bill would be reduced $65 in July 1995, and the monthly fuel factor reduction will save the average residential customer about $40 a year. He also compared this proposed settlement with a settlement reached with Houston Lighting & Power, the managing partner of the nuclear plant. Responding to Council Member McNichols, Mr. Gay stated that fuel factors are based upon projections of cost that the company is currently incurring and what it anticipates it will incur for fuel. Those costs are passed on to consumers and they are reconcilable. On the other hand, with regard to rate bases (non -fuel issues), there is a rule which prohibits a company from engaging in retroactive rate -making. With fuel issues, if a company is materially over -recovered or under -recovered, it must file to either refund or surcharge consumers. And when the nuclear plant shut down, CPL was charging more on fuel than it was charging consumers; once the plant was back on line, the fuel factor began over -recovering, which began to offset the deficit that had occurred. Council Member Best asked about CPL's elasticity clause. Mr. Gay said that adjustment has not been exercised for many years. He added that CPL will likely file a rate adjustment with the PUC in September 1995, which he briefly described. Mayor Rhodes called for comments from the audience. Mr. Glyzm Pugh, an attorney representing Mr. Raymond Hasker and two other ratepayers, said his clients are considered parties in this proceeding. He said he was not fully prepared to make a presentation at this time and asked to be heard during the next Council meeting. He contended that the South Texas Nuclear Project shutdown was caused by mismanagement, aspects of which he described. Mr. Raymond Hasker asked about the city's previous ordinance calling for a reduction of CPL's rates by $136,932,000 annually. He said the Council should not support this proposed settlement, saying that each ratepayer should be refunded between $400 to $600 for overcharges. Mr. Phil Rosenstein echoed Dr. Best's concern that CPL will try to recoup the ratepayers' Minutes Regular Council Meeting May 9, 1995 Page 7 refunds through increased charges. Mr. J.E. O'Brien said the proposal was inadequate, and noted that there were some parties to the proceedings which had not approved the settlement. Mayor Rhodes asked Mr. Gay to reiterate why he and others were recommending this settlement. Mr. Gay commented that he understood the consumers' frustration in this situation, noting that he has been a consumer advocate for 17 years. He said if rates were set on the basis of value, then there could be demands for a substantial rate reduction. However, rates are set on the basis of cost of service, and CPL's rates have been extensively scrutinized by Mr. Gay's law firm. He added that he recommended this settlement because it was reasonable in the regulatory context. He also emphasized that he would not recommend it if the nuclear plant were still inoperative. Responding to Dr. Best, Mr. Gay said the PUC is obligated to base rates on the evidence presented, and Mr. Pugh has not been an active party in this proceeding. Replying to another question from Dr. Best, Mr. Gay outlined the situations that would follow if the Council supported or opposed the proposed settlement. Upon verification from Mr. Gay, Council Member Martin pointed out that the PUC General Counsel, the Texas Office of Public Utility Counsel, the Texas Industrial Energy Consumers, and the Cities Steering Committee have all endorsed the proposed settlement. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 022219 Resolution approving settlement of Central Power & Light Company rate cases before the Public Utility Commission of Texas, including $73.6 million in refunds to customers, abandonment of claims by CPL for $67.3 million of added fuel costs during nuclear plant outage, reduction in fuel factor saving customers $54.6 million per year, reduction in regulatory assets saving customers $16.5 million, factoring benefits totaling $26.6 million, and other provisions as in the attached agreement, as recommended by the Cities Steering Committee and consultants, and as agreed to by other participating parties including the General Counsel of the Texas Public Utility Commission, the Texas Office of Public Utility Counsel, and Texas Industrial Energy Consumers, which will reduce the average residential bill in July by approximately $65. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting May 9, 1995 Page 8 Mayor Rhodes opened discussion on Item 4, refunding outstanding bonds and certificates of obligation. City Manager Garza said one of the staff's duties regarding finances is to continue to monitor the city's investment program and debt management. He noted that staff had presented a similar measure to the Council last year, but no action was taken at that time because interest rates began to rise. Since interest rates have come back down, staff is proposing refunding measures if certain criteria are met, which would result in a savings of approximately $700,000. Responding to Council Member McNichols, Mr. Garza said the savings that would be realized would be placed in the debt service fund. Dr. McNichols said he supported the proposal. Council Member Martin asked if the city would receive a lower interest rate as a result of this refunding, and Mr. Garza said it would. Mr. Martin suggested staff investigate the possibility of just refunding the outstanding debt and not issuing new principle. Mr. Garza added that the 501(c)(3) certificates of obligation were sold on behalf of the U.S.S. Lexington Museum and other non-profit organizations. He also said he would bring back to the Council the actual proposal before the refunding is initiated. In reply to Council Member Best, Mr. Garza said it is possible he could return next week with a proposal. He briefly described certain aspects of the financing. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien asked what portion of the $28,840,000 in the proposal are certificates of obligation, which do not require voter approval. Mr. Garza replied that there are $4.9 million in certificates of obligation. In response to questions from Mr. Martin, Mr. Garza said the independent bond counsel and the Texas Attorney General have approved all of the certificate of obligation sales. City Secretary Chapa polled the Council for their votes as follows: 4. M95-097 Motion authorizing the City Manager to take action necessary to refund outstanding General Improvement (G.I.) Bonds and Certificates of Obligation (C.O.) in the currently estimated amount of $28,840,000. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting May 9, 1995 Page 9 Mayor Rhodes opened discussion on the following zoning case: 5. Case No. 395-6, CITGO C.C. Refinery: A change of zoning from "R -1B" One -family Dwelling District on Tract 1 and "R -1B" One -family Dwelling and "A-1" Apartment House Districts on Tract 2 to "AB" Professional Office District on Tract 1 and `B-1" Neighborhood Business District on Sunset Place, Tract 1 being Block 4, Lots 9, 10, 15 and 16, and Tract 2 being Block 3, Lots 6 and 8 through 18, located between Nueces Bay Boulevard and Floral Street and between Nueces and Johns Streets. Mr. Tom Utter, Group Manager for Development Services, noted that this zoning case had been heard during the April 25, 1995 Council meeting. He said the Planning Commission and staff recommended approval of "AB" District on Tract 1 and denial of `B-1" District on Tract 2, and in lieu thereof, except on Lot 6, Block 3 which shall remain an "R -1B" District, approval of an "AB" District with a Special Permit for off-site parking lot subject to four (4) conditions. He said staff felt the site plan was acceptable and they recommended approval. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022220 Amending the Zoning Ordinance upon application by CITGO C.C. Refinery, by changing the Zoning Map in reference to Sunset Place, Tract 1 being Block 4, Lots 9, 10, 15 and 16, and Tract 2 being Block 3, Lots 8 through 18, from "R -1B" One -family Dwelling District on Tract 1 and "R -1B" One -family Dwelling and "A-1" Apartment House Districts on Tract 2 to "AB" Professional Office District on Tracts 1 and 2 and granting a Special Permit for off- site parking lot on Tract 2 subject to five (5) conditions; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Black absent. i i#*## i i# k## i Mayor Rhodes opened discussion on Items 6.a. -6.d., legislative resolutions. Group Manager Utter said Item 6.a. dealt with setting term limitations for Port Commissioners, which was introduced by State Representative Hugo Berlanga. He noted that the Chairman of the Port Commission was in favor of the legislation. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting May 9, 1995 Page 10 City Secretary Chapa polled the Council for their votes as follows: 6.a. RESOLUTION NO. 022221 Resolution endorsing the passage of legislation in the Regular Session of the 74th Legislature to establish term limits and residency requirements for the Commissioners of the Port of Corpus Christi. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, and McNichols voting "Aye"; B. Longoria and Martin absent. Regarding Item 6.b., Mr. Utter said the proposed legislation would establish the private property line at the seawall on Padre Island. He also described certain actions the property owners would take in return for fixing the boundary. Council Member McNichols said the proposed legislation addresses several long-standing issues, including the development of the properties along the seawall. Responding to Council Member Best, Mr. Utter said the seawall would have to be continuously maintained. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.b. RESOLUTION NO. 022222 Resolution endorsing the passage of legislation in the Regular Session of the 74th Legislature to clarify the provisions of the Texas Open Beaches Act and the 1974 court judgment in establishing the boundary of the public beach at the base of the existing seawall as provided by such legislation. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin absent. Mr. Utter said the proposal under Item 6.c. would provide legislative protection for the governmental entity undertaking the buffer zone project. 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 May 9, 1995 Page 11 6.c. RESOLUTION NO. 022223 Resolution endorsing the passage of legislation in the Regular Session of the 74th Legislature to clarify the provisions of the Texas Health and Safety Code, Section 361.275 to provide that a governmental entity acting to purchase real property for an environmental buffer zone is specifically not liable for previous environmental contamination. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Responding to Council Member Betty Jean Longoria, Mr. Utter said the legislation described in Item 6.c. should be considered by the state House of Representatives within the next week. Mr. Utter explained that Item 6.d. deals with House Bill 3183 regarding municipal sales tax election dates. He said presently the only time a city can hold a sales tax election is on one of the four uniform election dates; however, Corpus Christi holds its general election for the Mayor and Council Members on a non-uniform date. This bill provides for a city to hold a sales tax election on any of the uniform dates or when the city's general election is held. In reply to Council Member Best, Mayor Rhodes said Corpus Christi moved the date of its general election so as not to conflict with the Buccaneer Days celebration. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.d. M95-112 Motion endorsing H.B. 3183, that provides that, if the regular election for officers of a municipality is scheduled to be conducted on a date other than such uniform election date, the tax election may be held on the same date as such regular election as a substitute uniform election date. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Mr. Utter explained that Senate Bill 60, which would authorize Texans to obtain licenses to carry concealed handguns under certain conditions, was debated on the floor of the House of Representatives. During that debate, an amendment to S.B 60 was approved. The amendment states that a city may not prohibit a person who is licensed to carry a concealed handgun from carrying a firearm at a public park; a public meeting of the city, county, or other governmental body; or a political rally or parade. Minutes Regular Council Meeting May 9, 1995 Page 12 Several Council members expressed their outrage about the amendment. Mayor Rhodes made a motion opposing the amendment, which was seconded. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo said he supported the Council's opposition to the amendment, noting that he was a victim of a shooting. City Secretary Chapa polled the Council for their votes as follows: 6.e. M95-113 Motion opposing a provision to S.B. 60, an amendment to Section 215.001(b) of the Local Government Code, that a city may not prohibit a person who is licensed to carry a concealed handgun from carrying a firearm at a public park; a public meeting of the city, county, or other governmental body; or a political rally or parade. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 7, the proposed closing of Aubrey Street. Mayor Rhodes called for comments from the audience, and there were none. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Closing and abandoning a 5,581.72 -square foot tract of land out of Aubrey Street (now Interstate Highway 37) right-of-way adjacent to the north boundary line of Lot 6, Block 28, Beach Portion, subject to the compliance with the specified conditions; and the replatting of the property within 180 days. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 8, amending the Dune Protection and Beach Minutes Regular Council Meeting May 9, 1995 Page 13 Access Regulations. Group Manager Utter said this item was a "technical" amendment concerning an issue raised by the General Land Office (GLO). He said staff agrees with the GLO and recommended approval of this amendment. Mayor Rhodes called for comments from the audience, and there were none. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 8.b. ORDINANCE NO. 022226 Ordinance amending the Code of Ordinances, City of Corpus Christi, by amending Chapter 10, Beachfront Management and Construction, Article IV, Requirements for Beachfront Construction Certificates, Section 10-36, Required Findings by amending provisions regulating the erection, construction, reconstruction, alteration, and repair of buildings and structures within the beachfront construction areas, providing for publications. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." ******ts*as*r Mayor Rhodes opened the public hearing on the following zoning case: Case No. 495-1, Gary E. Stanton: A change of zoning from "A-1" Apartment House and "B- 4" General Business Districts to "I-2" Light Industrial District on Flour Bluff Point, Block 6, Lots 7, 8, 18, 19, 20, 21 and 22, located on the north side of South Padre Island Drive, south side of Dema Street and west side of Stone Street. The Mayor said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof approval of a "B-3" Business District with a Special Permit for a boat repair and paint facility and outside storage of boats and recreational vehicles subject to six (6) conditions. Mayor Rhodes asked if the applicant agreed to the special permit, and he said he did. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Minutes Regular Council Meeting May 9, 1995 Page 14 Member Heldenfels, and passed unanimously. Responding to Council Member Martin, Mr. Utter said the Comprehensive Plan calls for this property to be zoned non-residential. Mr. Martin said that this was approximately the third case in recent weeks in which a light industrial ("I-2") use was considered with a special permit in a business district, because the particular industrial use was compatible with, and not offensive to, the surrounding businesses. Mr. Utter said staff would investigate the situation. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022227 Amending the Zoning Ordinance upon application by Gary E. Stanton, by changing the Zoning Map in reference to Flour Bluff Point Subdivision, Block 6, Lots 7, 8, 18, 19, 20, 21 and 22, from "A-1" Apartment House and "B-4" General Business Districts to "B-3" Business District and granting a Special Permit for a boat repair and paint facility and outside storage of boats and recreational vehicles subject to six (6) conditions; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 25, and Council Members requested that Items 10, 14, 15, and 17 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 11. M95-099 Motion awarding a contract in the amount of $25,596.40 to A. Ortiz Construction and Paving, Inc. for the construction of a parking lot for the Tract 16 Neighborhood Council. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12. M95-100 Motion awarding a contract in the amount of $233,000 to Lambda Construction Company, New Braunfels, Texas for replacing a mechanical bar screen and providing a new centrifugal Minutes Regular Council Meeting May 9, 1995 Page 15 blower at the Oso Wastewater Treatment Plant. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. M95-101 Motion to ratify the 1995 emergency repair contract to the Oso Wastewater Treatment Plant's (WWTP) Clarifiers No. 3 and 4, Grout Pads, and Rails with Duncan -Russo, Inc. in the amount of $54,500. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.a. M95-104 Motion authorizing the City Manager to execute a contract with the Texas Department of Health in the amount of $26,101 for Immunization Services during the period of January 1, 1995 to December 31, 1995 and adding one full-time equivalent position to the Health Department. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.b. ORDINANCE NO. 022230 Ordinance appropriating a grant in the amount of $26,101 from the Texas Department of Health for Immunization Services during the period of January 1, 1995 to December 31, 1995; amending Ordinance No. 021997 which adopted the FY 1994-95 Budget by adding $26,101 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, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18. M95-108 Motion approving Change Order No. 9 in the amount of $31,846 to the contract with Haas - Anderson Construction, Inc. for additional pavement and drainage work on the Waldron Road Improvements project. Minutes Regular Council Meeting May 9, 1995 Page 16 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19. M95-109 Motion authorizing the City Manager or his designee to execute an agreement with Nueces County Community Action Agency (NCCAA) to provide $88,348 from the FY93 CDBG Program for the construction of a headstart facility at 1838 Frio Street. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 20. M95-110 Motion authorizing the City Manager or his designee to execute an agreement with The Witte Museum to rent a series of six temporary exhibits for the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 21. M95-111 Motion approving the recommendation of the Oil and Gas Advisory Committee to waive the minimum distance requirement between drill sites and public parks for a proposed Texas Crude Energy, Incorporated drilling site located near the Laguna Madre and Naval Air Station. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 22. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a three-year lease with the Corpus Christi Softball Association for Kiwanis, Jaycee, and Price Softball Fields in consideration of Association paying all costs associated with maintaining and operating these softball fields; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting May 9, 1995 Page 17 23. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 33, Article V, Outdoor Music Festivals; Sec. 33- 86. Definitions; Sec. 33-87. Registration and Permit Required; Sec. 33-88 Registration of Promoters; Fee.; Sec. 33-89. Application for Permit Filing; Contents; Fee; Sec. 33-90. Same - Agreement as to sanitation, Health and Fire Requirements.; Sec. 33-91. Same -Agreement to use of Public Parks.; Sec. 33-92 Same -Forwarding and Filing Copies; Reports of Officers.; Sec. 33-93 Hearing.; Sec. 33-94. Denial of Permit; Grounds.; Sec. 33-95. Scope of Permit.; Sec. 33-96. Revocation of Permit and; Sec. 33-97 Permanent Facilities; Annual Permits, Inspections; to update the insurance requirements, the fees, the responsible parties, and the application requirements for receiving a permit to hold an outdoor music festival. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 24. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Section 2-183, Access User Councils, by revising provisions concerning membership in a public access user council. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 25. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 53-253, Schedule for -- Stopping, Standing, or Parking Prohibited During Certain Hours on Certain Streets — by prohibiting curbside parking on each side of Mustang Trail between the hours of 8:00 a.m. and 4:00 p.m. on school days only. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." ss..srss■ss*a Mayor Rhodes deviated from the agenda, and opened discussion on Items 14.a. and 14.b., Ethel Eyerly Senior Center parking lot. Council Member McNichols noted that the agenda item consisted of two components: a $15,000 contribution from the Regional Transportation Authority (RTA) for construction of a bus turnout along Graham Road for the senior center; and construction of additional parking facilities. Dr. McNichols asked if there were any way the proposal could allow for the additive alternate of 22 Minutes Regular Council Meeting May 9, 1995 Page 18 additional parking spaces. City Manager Garza said the Council could approve the parking construction contract at this time, and staff could bring back a proposal next week for the additional parking. Council Member Martin asked about flooding problems experienced at Ethel Eyerly Senior Center. Mr. R.H. Shackelford, Director of Engineering Services, said staff would look into ways to address that problem while this project was underway. Council Member Heldenfels said he opposed awarding the parking lot contract at this time without a final decision being made on the additive alternates. Mr. Garza said other contracts had been awarded in the past in which change orders were brought to the Council for approval after the project had begun. Mr. Martin emphasized the importance of finishing this project, and asked if staff would recommend building the additional 22 parking spaces if the funds were available. Mr. Garza said they would. Mr. Martin then made a motion to award the contract to A. Ortiz Construction and Paving with the additional parking spaces included, and directed staff to bring back an appropriation amendment to fund the extra construction. The motion 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: 14.a. ORDINANCE NO. 022228 Ordinance appropriating Regional Transportation Authority's contribution of $15,000 for construction of a bus turnout along Graham Road for the Ethel Eyerly Senior Center; amending Ordinance No. 021997, which adopted the FY 1994-95 Budget, by adding $15,000 to the Federal/State Grants Fund No. 162. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 14.b. M95-102 Motion awarding a construction contract in the amount of $67,217.06 to A. Ortiz Construction and Paving, Inc. for additional parking facilities at the Ethel Eyerly Senior Center (including 22 additional parking spaces with sidewalks, curb and gutter [additive Alternates "A" and "B"}). The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Minutes Regular Council Meeting May 9, 1995 Page 19 Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, street sweeping contract. Responding to Council Member Black, Mr. R.T. Bruner, Director of Solid Waste Services, referred to a map showing street sweeping in the downtown area and on one street in the North Beach area. He explained that that one street is on the city's drainage system and is a main thoroughfare which accumulates refuse. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M95-098 Motion approving the award of a supply agreement for street sweeping in accordance with Bid Invitation No. BI -0193-95 to Coastal Sweeping Services, Corpus Christi, Texas in the total amount of $122,844.60 on the basis of low bid. The term of the contract is twelve (12) months with an option to extend for up to an additional twelve months, subject to the approval of the contractor and the City Manager of his designee. Funds for FY 94-95 are available in the Solid Waste Services Department budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 15.a. and 15.b., construction contract for Fire Station No. 7. Responding to Council Member Martin, Group Manager Utter stated that the original training tower and the pit for the old fire station were no longer usable in this residential area, and it was hoped that funds would be available to build a tower and pit at another location. He said Fire Chief J.J. Adame has been investigating different possibilities, including the Refinery Terminal Fire Company. In reply to another question from Mr. Martin, Mr. Shackelford explained that a tank at the airport is used to calibrate fire pumps. Mr. Martin expressed concern about having enough funds to complete the new fire station as originally intended, complete with certain amenities such as landscaping near the neighborhood. Mr. Garza assured him that the project would be completed as Minutes Regular Council Meeting May 9, 1995 Page 20 planned. Mr. Martin then asked about some of the specific costs associated with the project, and a brief discussion ensued. Responding to Council Member Heldenfels, Group Manager Crull stated that the base bid calls for the use of asphalt. He went on to explain that the city has an architectural projects administrator who administers all architectural projects and ensures that the consulting architect carries out the design plans. The consulting architect is not paid for full-time resident inspections; the city has an inspection staff which carries out the day-to-day inspections. A discussion followed about the services provided by the Engineering Department. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 022229 Ordinance appropriating proceeds in the amount of $653,585.46 from the sale of Fire Station No. 7 Surplus Property into the Public Health and Safety Capital Improvement Fund No. 262. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 15.b. M95-103 Motion awarding a contract to Maltby Builders, Inc. for construction of the new Two Company Fire Station No. 7 located on Staples near Doddridge in the amount of $464,500. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 17.a. through 17.d., water and sewer lines. She then read the amendments to the items as proposed by staff and written below. She made a motion to accept the amendments as presented, seconded by Council Member Betty Jean Longoria, and passed unanimously. Responding to Council Member Martin, Group Manager Crull stated that a reimbursement application in the amount of $85,979.26 has been submitted. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting May 9, 1995 Page 21 City Secretary Chapa polled the Council for their votes as follows: 17.a. ORDINANCE NO. 022231 Ordinance appropriating the amounts of $16,969.33 from Water Arterial Transmission and Grid Main Trust Fund and $85,979.26 from the Sanitary Sewer Collection Line Trust Fund to pay developer reimbursement requests. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 17.b. M95-105 Motion approving the reimbursement application submitted by Cameron Custom Homes, Inc., developer of Camelot Estates Unit 1A, for the installation of 578 linear feet of a 12 -inch PVC water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 17.c. M95-106 Motion approving the reimbursement application submitted by Cameron Custom Homes, Inc., developer of Camelot Estates Unit 2, for the installation of 234 linear feet of a 12 -inch PVC water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 17.d. M95-107 Motion approving the reimbursement application submitted by WalMart Stores, Inc., developer of S.P.I.C.E. Plaza, for the extension of 2,090 linear feet of a 10 -inch PVC off-site collection sanitary sewer line, and the extension of 2,090 linear feet of a 6 -inch PVC sanitary sewer force main. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. ****ss*as*r** Minutes Regular Council Meeting May 9, 1995 Page 22 Before giving his report, City Manager Garza stated that he was postponing the closed session meeting for one week. He then reported that the cable television public access show "Race and Reason" was airing again, and there have been complaints that the program has been advertising on the air. He said TCI Cablevision of Texas is reviewing the tape and will make a decision. If they determine that there has been no violation, then staff will review the tape using the recently adopted guidelines. Mayor Rhodes reported that she received a letter from Judge Hilda Tagle, who stated that under the Code of Criminal Procedures there has to be a Community Justice Council, and a City Council member of the most populated municipality in the county needs to serve on that commission. The Mayor said she asked Council Member Cooper to serve in that capacity. Council Member Best made a motion to confirm Mayor Rhodes' appointment of Mrs. Cooper, seconded by Council Member Betty Jean Longoria, and passed unanimously. The Mayor then read a letter from a couple from New Zealand who thanked the people of Corpus Christi for their hospitality during a recent visit here. *****ss*es*s* Mayor Rhodes called for Council concerns and reports. Council Member Best noted that he had received a letter from Clower Management Company about property in Flour Bluff. Group Manager Utter said staff had spoken with Mr. Clower about this project, which entails building a boat ramp in Flour Bluff. He gave a brief description of the project and said staff was working on that issue. Dr. Best emphasized the need for better boat ramps for use by the many fisherman in the area. Council Member Martin requested a copy of staff's response to a housing court case. He asked if staff had also responded to a letter from KEDT about the municipal dump site, and Mr. Garza said he was working on a response. Mr. Utter added that the Landfill Site Selection Committee met last week and asked staff to finalize some reports on certain sites. He noted that the committee is preparing to make a recommendation to the Council in the near future. A brief discussion ensued, and Mr. Martin asked staff to draft a strong letter in response. Council Member Cooper commented that she had just returned from New York City, where she read that that city is expecting a $3 billion gap in funding. She added that citizens should appreciate the fact that Corpus Christi does not have such problems. sees********* Mayor Rhodes called for petitions from the audience. Minutes Regular Council Meeting May 9, 1995 Page 23 Mr. James Hietpas, 1409 Sulaine Place, commented on the need for curb cuts down to the intersection of Port and Ayers Streets. He said there are no curb cuts on Arlington Street and when he goes shopping in that area he has to use his wheelchair in the street. Group Manager Crull replied that that project is part of the Community Development Block Grant program, and staff has met with the Mayor's Committee on Persons with Disabilities and other interested persons about those plans. The curb cuts in that area should be completed by the end of the summer. Mr. Crull added that the State Highway Department is in the process of putting accessibility ramps on all the state highways. Responding to Council Member Best, Mr. Crull said that since 1975 the city has had a policy of installing accessibility ramps at all intersections; therefore, those ramps are installed with all new construction and when areas are rehabilitated. He said the Americans With Disabilities Act requires a transition period during which the whole city will eventually be retrofitted; the cost to do so is approximately $20 million. Since only limited funds are available, staff has been meeting with the Mayor's Committee on Persons with Disabilities to determine where the areas of highest need are. Council Member Black asked for a status report on Phase III of the Del Mar area construction. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:40 p.m. on May 9, 1995. * * * * * * * * * * * * *