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HomeMy WebLinkAboutMinutes City Council - 05/16/1995I 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 May 16, 1995, which were approved by the City Council on May 23, 1995. WITNESSETH MY HAND AND SEAL, this 23rd day of May, 1995. gtalCity Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 16, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Jean Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Edward Martin Dr. David McNichols* ABSENT Tony Heldenfels John 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 Pastor Mateo Rendon Jr., Primera Iglesia Bautista, following which the Pledge of Allegiance to the flag of the United States was led by Mayor Rhodes. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of May 9, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes announced that Item 1, a presentation on the city's wastewater system, would be postponed since two of the three new Council members were not present at the day's meeting. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, Community Cultural Plan. Mr. Malcolm Matthews, Director of Park and Recreation, noted that this item was tabled Minutes Regular Council Meeting May 16, 1995 Page 2 during the March 28, 1995 Council meeting, with Council members directing staff to pursue the involvement of local firms in the plan. Mr. Matthews said representatives of the National Endowment for the Arts (NEA), which provides the grant, would consider a collaboration between a local firm and a non -local firm with arts expertise, but it would not consider a local firm with no arts expertise. He said the two local firms which had originally expressed interest in the project had been informed of the NEA's requirements. In addition, they were aware that the Community Cultural Plan Steering Committee and the Municipal Arts Commission both unanimously recommended entering into an agreement with ArtsMarket Consulting Inc. to develop the Community Cultural Plan. The two local firms opted not to resubmit their proposals. He said staff has maintained communication with representatives from both local firms, and one firm indicated interest in possibly becoming involved in some of the future arts projects. Council Member Martin referred to Item 16 on the day's agenda, a motion authorizing the City Manager to send out requests for proposals to vendors outside the city for a particular project. Mr. Martin commented that his concern was that the city's policy had not originally been adhered to with the Community Cultural Plan contract. Responding to Mr. Martin, Mr. Matthews said $30,000 of the total NEA grant, if approved by the Council, would be allocated for consulting services provided by ArtsMarket of Marion, Massachusetts; the remaining $21,896 would be spent locally for supplies, services and support staff salaries. Mr. Martin commented that that arrangement was consistent with the city's policy. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: M95-114 Motion authorizing a contract in the amount of $30,000 with ArtsMarket Consulting, Inc. to develop a Community Cultural Plan for the City of Corpus Christi. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, and Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols absent. ************* *Council Member McNichols arrived at the meeting at 2:15 p.m. Mayor Rhodes opened discussion on Item 3, O.N. Stevens Water Treatment Plant construction contract award. Minutes Regular Council Meeting May 16, 1995 Page 3 Mr. R.H. Shackelford, Director of Engineering Services, described the need for modifications to Filters 1-12 at the treatment plant, which was originally placed in service in 1956. He noted that the Safe Drinking Water Act imposed stricter requirements which the current filters cannot meet without rehabilitation. He said the project consisted of a lump sum base bid and two additive alternates, and the staff's recommendation to award the contract to Eagle Contracting Corporation was based on their low bid of the base bid and alternate 2A. City Manager Garza said staff strongly recommended approval of the contract, adding that it would greatly benefit the community. Responding to Council Member Cooper, Mr. Shackelford stated that the base bids from the other nine bidders (excluding Fagje Contracting) ranged from $5,387,000 to $6,519,500; Eagle's low base bid was $5,189,500. Council Member McNichols echoed Mr. Garza's comments that this project was extremely important to Corpus Christi, particularly with regards to having proper filtering mechanisms in place to prevent any contamination of the water supply as has occurred in other U.S. cities. He added that it is actually less expensive in the long run to make the proposed modifications on the filters because they will eventually be required by government regulations. Dr. McNichols also asked about the financing of this project. Mr. Garza replied that the timing of the contract requires an interim financing that will be reimbursed. Council Member Martin commented on the economic way in which this project was being financed, and he encouraged staff to use this financing mechanism more. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. M95-115 Motion authorizing the City Manager or his designee to execute a contract with Eagle Contracting Corporation in the amount of $6,589,500 for modifications to Filters 1-12 at O.N. Stevens Water Treatment Plant. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 4.a. and 4.b., adoption and submission of the FY95 Consolidated Plan. Mr. Tom Utter, Group Manager for Development Services, pointed out that Department of Minutes Regular Council Meeting May 16, 1995 Page 4 Housing and Urban Development (HUD) regulations require that the contingency funds which were available had to be allocated for Comprehensive Planning Assistance, such as overruns on projects during the year, subject to Council approval. Also, $30,000 for the design of the Southmoreland Addition street improvement project was included in the Consolidated Plan. In response to Council Member Martin, Mr. Utter explained that there had been $50,000 available for Comprehensive Planning Assistance in addition to the $55,048 that became available once the selected projects received their allocations, for a total of $105,048. Also, there may be another $50,000 available if the federal government does not decrease the allocation. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, questioned the item being discussed. Mayor Rhodes explained that the item under consideration was the Council's final approval of the Consolidated Plan as discussed at length during the public hearing on April 25, 1995. Mr. Utter added that before the Planning Commission public hearing on April 12, 1995, seven neighborhood meetings were held to receive input from the public. City Secretary Chaps polled the Council for their votes as follows: 4.a. M95-116 Motion adopting the FY95 CDBG Program, ESG Program, and the HOME Program. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 4.b. RESOLUTION NO. 022225 Resolution adopting the City of Corpus Christi Consolidated Plan for community planning and development programs for FY 95; authorizing the City Manager or his designee to submit the Consolidated Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the Consolidated Plan if required by the U.S. Department of Housing and Urban Development. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, actions being considered by the 74th Texas Legislature. Minutes Regular Council Meeting May 16, 1995 Page 5 Group Manager Utter said there were two legislative items under consideration: Senate Bill 1676 and House Bill 2983. He said S.B. 1676 dealt with initiating a "buy-out" program in the Oak Park area of Corpus Christi to create a buffer zone around the refineries. The bill specifically relieves a governmental entity (such as the Port of Corpus Christi, in this case) from liability as the owner of the acquired property for contamination that exists at the time of the acquisition. He said the Texas Natural Resource Conservation Commission assured city and Port representatives that it would not hold the Port liable for contamination on those properties, but legislation was needed to ensure that no future governmental commission would hold the Port liable as well. Mr. Utter added that S.B. 1676 does not relieve the entity responsible for the contamination from any liability nor does it relieve any possible subsequent purchaser of the land from any liability. Mr. Utter went on to quote a portion of the proposed resolution, saying, "It is the definite intention of the City of Corpus Christi that the land acquisition program in the Oak Park area north of IH -37 shall be accomplished on a voluntary basis, with the governmental entity which implements the program using its power of eminent domain only as a last resort after the majority of properties in the area have been acquired voluntarily, and the few remaining properties cannot be otherwise reasonably acquired to complete the program." City Secretary Chaps polled the Council for their votes as follows: 5.a. RESOLUTION NO. 022224 Resolution expressing the intent of the City of Corpus Christi that a land acquisition program to acquire certain residential real property adjacent to industrial property as part of a buffer zone plan in the Oak Park area north of 1H-37 shall be carried out on a voluntary basis. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. Responding to Council Member Betty Jean Longoria, Mr. Utter said the resolution would immediately be sent to the city's legislative delegation and other legislators. He said if S.B. 1676 is passed, then the Port would present its actual buy-out proposal, and public input could be received. The other legislative item to be considered was S.B. 1346 and its House companion, H.B. 2983, regarding sports facilities districts. He said the original bill allowed for the creation of up to six sports facilities districts, which permit the taxes from a sports facility to be used to amortize a sports facility. The proposed amendment to the legislation expands the number of sports districts from 6 to 10. Mayor Rhodes made a motion to approve the amendment to the legislation, seconded by Council Member Best, and passed as follows: Minutes Regular Council Meeting May 16, 1995 Page 6 5.b. M95-124 Motion endorsing the House amendment to H.B. 2983, proposed during the 74th Texas State Legislature, which expands the number of sports districts from 6 to 10. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, the public hearing on the proposed closure of Dempsey Street right-of-way. Mr. R.H. Shackelford, Director of Engineering Services, referred to a map in the Council members' packets illustrating the location of the proposed street closure. Mayor Rhodes asked if staff could show that map on the overhead projector for the benefit of the audience and the television viewers. While staff was preparing a transparency for the overhead projector, the Mayor moved on to the next item on the agenda, the following zoning case: 7. Case No. 495-3, Victoria Bank & Trust: A change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2 on parts of Lots 3 and 4, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located between South Padre Island Drive and McArdle Road and between Daly and Aswan Drives. Mayor Rhodes stated that the applicant had requested postponement of the hearing until May 30, 1995 due to a scheduling conflict. The Mayor made a motion, seconded by Council Member McNichols, to table this item until the May 30th Council meeting. The motion passed unanimously. POSTPONED LI ICJ L15tllrita to 1s-4 tjcucial 13uSifCSb LISIuCt, pLOviJws lui pul�h�.atiuu. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: Minutes Regular Council Meeting May 16, 1995 Page 7 8. Case No. 495-4, Charles V. Miller: A change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Westwood Shopping Center, south portion of Lot D, located on the north side of Leopard Street, approximately 640 feet west of War Path. Mayor Rhodes said the Planning Commission and staff recommended denial of the requested "I-2" District, and in lieu thereof approval of a Special Permit for the outside storage of vehicles and equipment related to a tree service business subject to four (4) conditions. Group Manager Utter said the applicant agreed with the special permit. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Council Member Martin commented that this case involved another use of outside storage, which have been before the Council previously. Mr. Utter said staff would provide a report. Responding to another question from Mr. Martin, City Attorney Bray said a special exception under Texas law to allow for a citizen to apply for a special permit could be included in the zoning ordinance, which would be considered by the Zoning Board of Adjustment. Special exceptions would include a category of uses which would be acceptable within any zoning district, but they would need special conditions based upon the particular site. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022232 Amending the Zoning Ordinance upon application by Charles V. Miller, by granting a Special Council Permit for the outside storage of vehicles and equipment related to a tree service business subject to four (4) conditions on Westwood Shopping Center, south portion of Lot D; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 495-5, T.P. McCord & Sons: A change of zoning from "A-2" Apartment House District to "B-4" General Business District on Dahlia Terrace Annex, Block 9, Lots 1 through 4, and Block 10, Lots 2 through 6, located on the south side of Baldwin Boulevard, approximately 120 feet west of Ayers Street. Minutes Regular Council Meeting May 16, 1995 Page 8 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 McNichols, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022233 Amending the Zoning Ordinance upon application by T.P. McCord & Sons, by changing the Zoning Map in reference to Dahlia Terrace Annex, Block 9, Lots 1 through 4, and Block 10, Lots 2 through 6, from "A-2" Apartment House District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 495-6, William P. Sissamis: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Central Park Unit 1, Block 7, Lots 1 through 3 and Coggin Subdivision, Lots 2, 3 and 5, located on the west side of Kirkwood Drive, between Gollihar Road and Mahan Drive. Mayor Rhodes said the Planning Commission and staff recommended denial of "AB" Professional Office District on Lots 1 through 3, Block 7, Central Park Unit 1, and approval of "AB" District on Lots 2, 3 and 5, Coggin Subdivision. Group Manager Utter said the applicant concurred with the Planning Commission's and staff's recommendation. In addition, he said the 20% rule was in effect on this zoning case. Mr. Utter added that the people who had opposed the original application did favor the Planning Commission's recommendation (retaining an "R -1B" District on the three lots fronting Kirkwood Drive between Mahan Drive and Gollihar Road). 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. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 16, 1995 Page 9 ORDINANCE NO. 022234 Amending the Zoning Ordinance upon application by William P. Sissamis, by changing the Zoning Map in reference to Coggin Subdivision, Lots 2, 3 and 5, from "R -1B" One -family Dwelling District to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 20, and Council Members requested that Item 19 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 11. M95-117 Motion rejecting bids received for Bid Invitation No. BI -0161-95 for pumps for the Wastewater Services Department. Specifications will be revised and new bid invitations issued. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 12. M95-118 Motion approving the purchase of a wastewater line TV inspection system in accordance with Bid Invitation No. BI -0200-95 from Underground, Inc., Pearland, Texas based on low bid meeting specifications for the amount of $30,715. The equipment is budgeted by Wastewater Services Department in the 1994-95 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 13. M95-119 Motion approving a supply agreement for work uniforms which includes approximately 3,100 work pants; 3,400 work shirts; 140 coveralls; 760 "T" -shirts; 300 jersey knit shirts; 1,100 denim jeans; and 375 jackets in accordance with Bid Invitation No. BI -0215-95 with R&R Minutes Regular Council Meeting May 16, 1995 Page 10 Uniforms, San Antonio, Texas based on total low bid for an estimated annual expenditure of $97,963.80. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by various departments throughout the City. Funds are budgeted in FY 94-95 by the using departments. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 14. M95-120 Motion authorizing the City Manager to renew a five-year Cooperative Agreement between the Corpus Christi Junior College District and the City of Corpus Christi to provide on-the- job training to Emergency Medical Technician students aboard Mobile Intensive Care Vehicles. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 15. M95-121 Motion authorizing the City Manager to execute an annual joint funding agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, for the continuation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS in the amount of $66,355 out of a total project cost of $103,790 during the federal fiscal year October 1, 1994 through September 30, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 16. M95-122 Motion authorizing the City Manager to send out request for proposals to vendors located outside the City of Corpus Christi for Workers' Compensation Medical Cost Containment. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 17. ORDINANCE NO. 022235 Amending the Code of Ordinances, Chapter 33, Article V. Outdoor Music Festivals; Sec. 33- Minutes Regular Council Meeting May 16, 1995 Page 11 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 18. ORDINANCE NO. 022236 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 20. ORDINANCE NO. 022238 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. i i 4 i t* i i t i i i i Mayor Rhodes opened discussion on Item 19, parking on Mustang Trail. Responding to Council Member Martin, Mr. Carl Crull, Group Manager for Public Works and Utilities, said the lots on the west side of Mustang Trail all back on Mustang Trail. The staff's studies showed that there was virtually no residential parking there; during the day it was used by King High School students, and in the evening citizens using the track would park there. Minutes Regular Council Meeting May 16, 1995 Page 12 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 022237 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 a.m. and 4p.m. on school days only. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes returned to Item 6, the proposed closing of a portion of Dempsey Street. Mr. Shackelford used the overhead projector to illustrate a general site plan of the area, noting that CITGO Corpus Christi Refinery owns the adjacent properties on Dempsey Street. He noted that all of the traffic from the planned parking lot would exit onto Nueces Bay Boulevard. Regarding the issue of an evacuation route, Mr. Shackelford said the east -west and north -south streets in the area have access both to Nueces Bay, Port and IH -37. Responding to Mayor Rhodes, Mr. Shackelford emphasized that there are no residences fronting that portion of Dempsey Street. Mayor Rhodes called for comments from the audience. Mr. Ernest Carter, 1711 Stillman, protested what he called encroachment into the neighborhoods by the surrounding refineries. He noted that representatives of the Dona Park, Hillcrest, Oak Park and Academy Heights neighborhoods were present to show support for a comprehensive buy-out plan of those areas near the refineries. He objected to an incremental buy-out of the residential properties. He said a buffer zone should be a "free" zone, or green space, rather than an area for business development. Mr. Carter added that he and the other neighbors objected to the closing of any portion of Dempsey Street. Rev. Harold Branch, 1801 Stillman, noted that he had lived in the Hillcrest area since 1956. He said that at one time, the city worked with the citizens to obtain grants to revitalize the neighborhood; however, the refineries have been systematically rezoning the neighborhoods, resulting in several residents relocating to other neighborhoods. He said the neighbors have worked hard for many years to develop a quality of life, and resent having to move. He said a systematic plan was Minutes Regular Council Meeting May 16, 1995 Page 13 needed to resolve the many issues that have arisen. Ms. Eleanor Dodson, 1702 Palm Drive, said she was also opposed to encroachment by the refineries into the neighborhoods. She said she and her sister, Ann, have been living in the same house their parents built in 1916, and she objected to the fact that refineries were allowed to be built in that area adjacent to so many neighborhoods. Ms. Dodson added that she was also opposed to the city's sale of the portion of Dempsey street to CITGO. Council Member Martin made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Mayor Rhodes said she recognized that there were many citizens who were frustrated by the fact that they lived in a transitional area near the refineries; however, she said, the item being considered at this meeting was a street closure. Council Member Best said there is confusion about whether the citizens would like to continue living in the neighborhoods around the refineries, or whether a buffer zone was needed there. He pointed out that the refineries are not going to relocate, so a solution needs to be found on how to deal with that while protecting the citizens. He urged the citizens to cooperate with the city and the refineries on this issue. Council Member Martin said he felt that the closing of a portion of Dempsey Street and the proposed development of those properties by CITGO resulted in moving the industry closer to the residential properties rather than creating a buffer zone. He objected to the "piecemeal" approach being taken in acquiring the properties by the refineries. Responding to a question from Mr. Martin, Mr. Utter said the city limits line would lie on the other side of Nueces Bay Boulevard. He added that if the refinery chose to include in the industrial district the properties being acquired, those properties would not be relieved of any permitting or platting requirements; the only exception would be the payment of taxes. Mr. Martin said that issue should be addressed as more properties are being acquired by the refineries. He also asked for an update on the status of the industrial agreements. Referring to a comment made by Mr. Martin, City Manager Garza said the plans that city staff members have discussed among themselves and with refinery representatives have not included a "green space," but rather an area of lighter development. Mr. Martin said at some point a land use plan would have to be developed for this area. Mr. Garza pointed out that this proposal has been consistent with the ongoing discussions about placing less intense zoning uses adjacent to the neighborhoods in that area. Secondly, he said, staff has discussed with members of the neighborhoods the need to place barriers along some of the intersections to prevent negative influences from coming into the neighborhoods. Minutes Regular Council Meeting May 16, 1995 Page 14 Council Member Betty Jean Longoria commented about the traffic flow that would result from the construction by CITGO of the parking lot. She acknowledged that confusion has arisen regarding the plan for this area. Mayor Rhodes said that after much discussion with many people, she thought it was understood that the refineries were going to remain, and the only way to achieve compatibility was to buffer the residential areas from the heavy industrial areas. She added that some residents have told her that they do not care if they are living next to a refinery and they would like to stay there. Mrs. Longoria stated that she receives inquiries almost every day about the status of the buy- out program, which (as staff explained earlier) is associated with state legislation being considered. Mr. Chuck Cazalas, representing CITGO, said one of the goals of the project was to ensure that there would be no more encroachment into the neighborhood of heavy industrial usage or of traffic. He noted that many of the houses that his company purchased in that area were abandoned and dilapidated and they have since been demolished. Mr. Cazalas added that the request to close the portion of Dempsey street at this time is to ensure citizens' safety during the construction of the parking lot and administration building. Council Member McNichols said the neighbors have the perception that the industry is expanding toward them, even with an office building use. Mayor Rhodes said that it had previously been determined that an office building was an acceptable buffer next to the neighborhoods; in addition, there had not been any discussion of incorporating a "green belt." Mr. Cazalas distributed architectural designs of the project, indicating that the project would be attractively landscaped. Responding to Dr. Best, Mr. Garza said a formal plan has not yet been adopted regarding the buffer zone itself. He added that some areas of the buffer zone would not be inside the city limits. Dr. Best asked more specific questions about the buffer zone, and Mr. Garza said staff has a large amount of data on the subject. Mayor Rhodes suggested that a presentation on the buffer zone be made at a future Council meeting. In reply to another question from Dr. Best, Mr. Utter said the zoning of the property in question is "AB" Professional Office District with a special permit for a parking lot. He added that in this two -block area, it would be impossible for CITGO to install a tank or refinery. In addition, Javelina has already bought the vast majority of property adjacent to that refinery. Mayor Rhodes reiterated that it was the Council's responsibility to separate this issue of the street closure from the whole concept of the industrial buy-out program, and to determine if the street closure would be appropriate. She added that if the Port becomes the administrator of the buy-out program, she will recommend they utilize the services of a company that specializes in easing the Minutes Regular Council Meeting May 16, 1995 Page 15 transition for the neighbors. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Closing and abandoning a 23,850 square foot portion of Dempsey Street right-of-way from Nueces Bay Boulevard to Floral Street and a 10 foot wide by 476 foot long alley between Lots 1-10 and Lots 11-20, Block 3, Sunset Place (from Nueces Bay Boulevard to Floral Street); 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, and B. Longoria voting "Aye"; Martin and McNichols voting "No"; Heldenfels and J. Longoria absent. Mayor Rhodes said she feels confident that CITGO will honor its commitment in this project. +s*r**ssas*ts Mayor Rhodes announced the closed session, pursuant to Texas Government Code, Section 551.071, regarding Kathy Sue Vendetti v. City of Corpus Christi, et al, No. 94-744-H, 347th District Court, Nueces County, Texas. The Council went into closed session. Upon returning from closed session, Mayor Rhodes made the following motion, seconded by Council Member Martin. The motion passed as follows: 21. M95-123 Motion to authorize the City Manager to settle Kathy Sue Vendetti v. City of Corpus Christi, et al, No. 94-744-H, 347th District Court, Nueces County, Texas, for $125,000, as recommended by City staff. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. *s***::seas#s Mayor Rhodes called for the City Manager's report. Mr. Garza said he would schedule the wastewater presentation for the May 23, 1995 Council meeting and would move the storm water presentation back. He will also provide information and possibly a presentation on the buffer zone. Minutes Regular Council Meeting May 16, 1995 Page 16 Mayor Rhodes called for Council concerns and reports. Council Member Best congratulated those involved with the construction of the Columbus Fleet Shipyard and "Seeds of Change" exhibit, which opened on May 15, 1995. Council Member Black thanked staff for their responsiveness to complaints from citizens in District 2. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Ms. Zelma Champion, 1117 Dona Dr., said that she and many other citizens have been working with city staff, Port officials and refinery representatives for many years on the buy-out program. She strongly urged Council Member Best to become involved in the discussions. Council Member Betty Jean Longoria asked for an update on the soil contamination in the Dona Park area. Council Member McNichols said there have been many problems and much controversy generated by some users of the cable television public access channel, in particular by the show "Race and Reason." He said the more the Council tries to deal with the offensive nature of that program, the more offensive it becomes. He suggested that the Council and staff consider whether to remove the channel altogether. City Attorney Bray said he would provide an in-depth report to the Council on the possibility of amending the city's franchise agreement with TCI Cablevision to remove the public access channel. Mayor Rhodes pointed out that many of the people who have useful and non-offensive programs on that channel will be very irate about its removal. Council Member Martin referred to a comment made earlier by Rev. Branch about the units in the Leathers Housing Project. Mayor Rhodes said those units were shut down because of flooding, and they cannot be reopened or rehabilitated because they are located in a flood zone. She added that they were not shut down due to contamination. Council Member Cooper echoed Dr. McNichols' comments regarding the cable television public access channel. Mr. Bray stated that he would address the issue. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:10 p.m. on May 16, 1995. * * * * * * * * * * * * *