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HomeMy WebLinkAboutMinutes City Council - 05/23/1995I 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 23, 1995, which were approved by the City Council on May 30, 1995. WITNESSETH MY HAND AND SEAL, this 30th day of May, 1995. ; Armando Chaps City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 23, 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. Assistant City Secretary Saundra Koenning Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. David Lewis, Bayshore Bible Church, following which the National Anthem was sung by Ms. Christie Leavell. The Pledge of Allegiance to the flag of the United States was led by Thomas McMacken, son of Mr. Pat McMacken, Assistant Emergency Management Coordinator. Assistant City Secretary Koenning 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. * * * * * * * * * * * * * City Manager Garza introduced Ms. Valerie Gray, the newly named Stormwater Superintendent, who expressed her appreciation. Mr. Garza also introduced a new employee, Mr. Florencio Sauceda, the new Director of the Housing and Community Development Department. He thanked the Council for the opportunity to serve the city. Mayor Rhodes then opened discussion on Item 1, a presentation on the wastewater treatment capacity. Mr. Carl Crull, Group Manager for Public Works and Utilities, noted that the city's Minutes Regular Council Meeting May 23, 1995 Page 2 wastewater treatment system is comprised of six treatment plants with a total capacity of 41 million gallons a day (MGD). The oldest plant is the Broadway Treatment Plant, which was constructed in 1937 and updated in 1979 and 1981. He used a map to show the areas served by the Broadway plant and the other five treatment plants, which are the Oso, Greenwood, Laguna Madre, Allison and Whitecap plants. Mr. Crull described the capacity of the different plants, plans for expansion, and awards they have won. Mr. Crull explained that the Texas Natural Resource Conservation Commission (TNRCC) regulations require that when the flows in any plant reach 75% of capacity, the city must begin taking action on expanding the capacity, by initiating a financial plan and engineering work. When the flows reach 90%, construction must be initiated. He said it takes about five years to complete an expansion project from when it is first begun. He also discussed the Southside Treatment Plant, saying that the demand for a new treatment plant in that area has changed since the original study was conducted in 1985. However, the need remains for an adjustment of the system's capacity. Responding to questions from Council Member McNichols and Martin, Mr. Crull said inflow and infiltration do correlate to peak rain events but not to rainy years. In reply to another question from Mr. Martin, Mr. Chill said the 75% of capacity mark is measured when flows reach 75% at any one plant for three consecutive months. He went on to say that the ways to address capacity needs are: make more efficient use of the treatment plants, such as by diverting flows from one plant to another; expand or build a new plant; conserve water; and reduce inflow and infiltration. Mr. Crull then discussed the capacity of the city's treatment plants. Responding to Council Member Betty Jean Longoria, Mr. Crull also briefly addressed the odor problem at the Broadway Plant. Council Member Best asked about the location of the land purchased for the Southside Treatment Plant. Mr. Chill said it was located where Oso Creek joins Oso Bay. Dr. Best then asked if flows to the Greenwood Plant could be diverted to the Allison Plant. Mr. Crull said that capability does not currently exist—it would require a lift station and force main --but it does remain a possibility. He added that the Broadway Plant discharges into the ship channel; the Greenwood Plant discharges into Oso Creels; the Oso Plant discharges into Oso Bay; and the Laguna Madre and Whitecap Plants discharge into the Laguna Madre. Mr. Crull explained that inflow consists of flows directly into the sanitary sewer system due to cracks, interconnections between the storm sewer system and the sanitary sewer system in a few areas of the city, deteriorated manholes, and people leaving their clean-out caps off to drain their yards after a heavy rain. A study concluded that 4% of the total flows were attributed to inflows. Infiltration results primarily from a high ground water table, which can be attributed to a rain event. Mr. Crull added that the city's storm sewer system is separate from the sanitary sewer system, and Minutes Regular Council Meeting May 23, 1995 Page 3 at this time the Environmental Protection Agency (EPA) does not require that storm water be treated. Mr. Crull referred again to the Southside Treatment Plant, also called the Yorktown Plant. He said after the decision was made to purchase the land for that plant, the city experienced a downturn in the economy and demand decreased, resulting in postponing the project. In addition, the permit parameters have since changed, which would effect the cost of building and operating the plant. He said the city has initiated a pilot project (which was discussed during a previous Council meeting) to divert the effluent from the Allison Plant into the Nueces Estuary to enhance the productivity of the wetlands on the upper reaches of Nueces Bay. If that proves successful, staff may consider bringing additional flows from the Greenwood and possibly Broadway plants to the Allison Plant to be treated and diverted to the estuary. That plan may have a positive impact on the city's requirements for freshwater inflows into the estuary. Mr. Crull also discussed the need for additional system capacity, noting that it is more economical to treat a large amount of flow in one location than to treat the same amount of flow in multiple locations; therefore, the possibility of reducing the number of treatment plants should be considered in the future. Responding to Mr. Martin, Mr. Cnill said the final recommendation of the 1985-86 study was two -fold: build a Southside Plant with 9 MGD capacity, and increase the capacity of the Oso Plant by 7 MGD. That study did not consider indepth the concept of diverting flows around the city. Dr. McNichols reiterated that despite the fact that the Southside Plant was approved by the voters, many factors have changed in the interim and it may not be economically feasible to construct that plant. He added that it is important to wait for information to be gathered from the pilot study on the diversion of effluent into the estuary. A brief discussion ensued, and Mr. Crull noted that assumptions will be made about the effect of the diversion project before all of the data is collected. Mr. Garza added that the question of building the Southside Plant no longer involves just adding more treatment capacity --the issue has become much more complex, including the possible effects on the water supply and overall cost of the system. Mr. Martin questioned the feasibility of conducting an inflow and infiltration study. Mr. Crull replied that the collection system, particularly the older lines, need to be evaluated. He added that the EPA is currently formulating regulations on sanitary sewer overflows. Mr. Martin maintained that funds approved for a future inflow and infiltration study be used instead to upgrade the wastewater treatment capacity. ss■ssrr**r**t Mr. J.C. Shannon, International Association of Firefighters Local 936, told the Council that the May 19-21 fundraising effort called "Fill the Boot" for the Muscular Dystrophy Association Minutes Regular Council Meeting May 23, 1995 Page 4 netted approximately $50,000. He thanked Fire ChiefJ.J. Adame, the many vendors who assisted, and the citizens who donated money. Mayor Rhodes opened discussion on Item 2, a presentation on the buffer zone. Mr. Tom Utter, Group Manager for Development Services, used several maps to illustrate the locations of the refineries in the area, including CITGO, Amerada Hess, Southwestern, Coastal, Javelina, Valero, Trifinery and Koch. He said over the years the refineries have been purchasing land around their facilities to create buffer zones next to the neighborhoods. He noted that all of the refineries are outside the city limits with the exception of the Javelina plant. Specific areas of concern are the Hillcrest area, which consists of the CITGO and Southwest refineries near Nueces Bay Boulevard. Mr. Utter noted that one item on the day's agenda was the proposed closing ofa portion of Dempsey Street in that neighborhood so that CITGO can construct an office building and parking lot as a way to buffer the refinery from the neighborhood. Responding to Mayor Rhodes, Mr. Utter said the way to guarantee against industrial encroachment into the neighborhood is to zone the buffer area "AB" Professional Office District or possibly `B-1" Neighborhood Business District, rather than any industrial zoning. Council Member Best asked about the number of rent houses and homeowners in the buffer zone of the Hillcrest area., Mr. Utter said he would provide that information. Responding to Council Member Betty Jean Longoria, Mr. Utter said the properties owned by the refineries in the buffer zone consist of an existing office building owned by Southwestern and the proposed office for CITGO. Referring to other maps, Mr. Utter described the Coastal Javelina plant, which has purchased almost all of the properties around its facility, and the Koch Refining plant, which is located in northwest Corpus Christi and has purchased 2,100 acres there. Mr. Utter said those were examples of activity on a refinery -by -refinery basis. However, about 11/2 years ago, meetings began to be held with representatives from industry and neighborhood groups to try to establish an industry -funded buyout program, beginning in the Oak Park area, which is bordered by CITGO and Amerada Hess. That created a triangle of industrial activity which basically surrounded the Oak Park neighborhood. He showed a map illustrating properties purchased by the refineries in Oak Park, as well as the underground hydrocarbon plume which has been discovered. Another area of pollution is in the Dona Park/Manchester area where there are elevated levels of lead. He said refinery representatives developed a plan whereby they would each be responsible for the area in Oak Park that is within 800 feet of their facilities, with one section being divided among several different refineries. However, representatives from Amerada Hess have indicated they would not participate in the buyout at this time. Basically the city has no authority over that situation, other Minutes Regular Council Meeting May 23, 1995 Page 5 than to annex the company (which would not be granted an industrial district contract) and charge them more taxes. Mr. Utter noted that Amerada Hess has been identified by the Texas Natural Resource Conservation Commission as a source of pollution in Oak Park, and the plan calls for the polluting company to be responsible for a buyout or for remediation of the affected land. Responding to Council Member John Longoria, Mr. Utter said that Amerada Hess does not currently have any refining activities, but its holding tanks have leaked and polluted the subsurface water with hydrocarbons. He added that Hess representatives have said they should not be responsible for as large an area as the plan calls for. Dr. Best also asked about the number of homeowners and renters in the Oak Park area, as well as the use of eminent domain in the buyout program. Mr. Utter replied that the buyout would be voluntary; in addition, eminent domain has not been considered as part of the buyout program to be administered by the Port of Corpus Christi. He noted that the Oak Park area differs from the Hillcrest area in its geographic relationship to the refineries, and in the fact that the TNRCC has not identified pollution in Hillcrest. If a complete buyout was accomplished in Oak Park, zoning would probably be more intensive business zoning than in the proposed Hillcrest buffer zone. Mr. Utter also briefly discussed plans regarding moving houses out of the Oak Park neighborhood. In reply to Council Members' questions, Mr. Utter further described the differences between the buyout proposal for Oak Park and the buffer zone proposal for Hillcrest, as well as the differences between the various residential subdivisions there. Mr. Utter also addressed the issue of proposed legislation which would not hold the Port responsible for any pollution that is discovered as part of the Oak Park buyout program. He emphasized that the Port would not administer the buyout program without that assurance. In response to Council Member Martin, Mr. Utter said if the buyout program is initiated, the Port would own the property in Oak Park and it could sell it. Regarding the Hillcrest area, Mr. Utter said the city and industry representatives have not agreed to a formal buffer zone or buyout plan for that neighborhood. Mr. Martin said there has been confusion among many people, including residents of several neighborhoods, about the buyout and buffer zone plans and which areas they apply to. City Manager Garza said the area development plan for the Hillcrest neighborhood calls for the preservation of that neighborhood and for protection against encroachment by industry. Council Member McNichols emphasized that what is entailed in the buffer zone in Hillcrest needs to be defined. Mayor Rhodes said maps and plans need to be developed for the other neighborhoods as well, and she asked staff to bring them back to the Council for further discussion. Council Member Heldenfels said the city should not be involved in developing any working documents for the various neighborhood plans. He added that many residents have said they do not believe industry will pay a fair price for their house in any buyout program. Minutes Regular Council Meeting May 23, 1995 Page 6 Dr. McNichols said the city's role in this program would be to act as an intermediary between the residents, industry, and the state, and it was the Council members' responsibility to represent the concerns of their constituents in this matter. Dr. Best and Mayor Rhodes commented that it would be beneficial if the buffer zone in the Hillcrest area contained landscaping that would provide a small "green space" next to the neighborhood. Mr. Heldenfels reiterated his objection to the city acting as a "player" in this program, and a brief discussion ensued. * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, a notice of intention to issue revenue bonds. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 3. RESOLUTION NO. 022239 Resolution by the City Council of the City of Corpus Christi directing publication of Notice of Intention to issue Utility System Revenue Bonds, Series 1995; and resolving other matters relating to the subject. The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, and McNichols voting "Aye"; Best, J. Longoria and Martin absent. Responding to Council Member McNichols, City Manager Garza explained that the utility system revenue bonds would be paid semiannually. The bonds totaling $14,400,000 are primarily for water projects, although they also include three wastewater projects. He said next year staff will return with the next installment of the five-year Capital Improvement Plan. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Metropolitan Planning Organization Transportation Improvement Program (TIP). Minutes Regular Council Meeting May 23, 1995 Page 7 Group Manager Crull said one of the challenges of the Capital Improvement Program, which was updated and approved in February 1995, has been funding for street improvements. He said the city has not had a bond sale for three years and staff has worked to leverage local funds with other governmental agencies wherever possible. Mr. Crull explained that the Metropolitan Planning Organization (MPO) consists of the following entities: City of Corpus Christi, City of Portland, Nueces County, San Patricio County, Regional Transportation Authority, Port of Corpus Christi Authority, and the district office of the Texas Department of Transportation (TXDOT). Their function is to coordinate transportation planning in the metropolitan area, and part of their requirements are to adopt a Transportation Improvement Program on an annual basis. This sets forth the financing schedule for projects. He said the first year of the TIP needs to have assured funding so that projects can move forward; in the second and third year of the TIP, projects need to be reasonably assured that dollars will be available. The funds that the MPO can designate are commonly referred to as Metropolitan Mobility Funds. In the case of improvements to arterial streets that are owned by the city, the city has provide a 20% local match for construction, plus right-of-way acquisition and utility adjustments. Additionally, the city likes to include street lighting and signals with these projects. He also briefly described the Urban Street Program (for which the city is not recommending a project this year), and the Off -State System Bridge Replacement Program. Mr. Crull explained how the TIP will be implemented, adding that if funding is not available for a certain project either through the state or the city, the TIP can be amended to add or delete current -year projects. He noted that the state's estimate for the Greenwood Drive project (design and construction from South Padre Island Drive to Saratoga) has increased from $1.85 million to $3.6 million, and the city's 20% share would be an additional $350,000. He said staff is working with TXDOT on the Greenwood project to try to reduce the cost estimate. Responding to Council Member McNichols, Mr. Crull said he was recommending that the Council endorse the proposed 1996-98 TIP, which would include a bond sale and a possible property tax increase of about two-thirds of a cent. He referred to the Street Capital Improvement Fund current appropriations, which included improvements to many neighborhood streets. Dr. McNichols expressed concern that approval of the TIP as recommended by staff would involve an increase in the debt service and a property tax increase, and about the fact that the Greenwood project almost doubled in price. Mr. Crull commented that the Greenwood project was included in the 1986 bond program for approximately $2.4 million to be funded by the city alone. The opportunity arose to use MPO funds, which would make the city's total estimated share $2.48 million, of which $1.17 million would be for utilities. Dr. McNichols replied that other funding options should be sought because he would not support a tax increase. In response to Council Member Martin, Mr. Crull said the total of the city's share of the Minutes Regular Council Meeting May 23, 1995 Page 8 Greenwood project is $1.31 million, which includes such things as signali7ation that is in addition to the city's 20% match. City Manager Garza explained that another alternative was to keep the city's local share of the Greenwood project at its current level and ask TXDOT to redesign and construct the project within available funds. He noted that staff was recommending funding for the FY 95-96 Capital Budget of $6.33 million ($4.67 million for streets and $1.66 million for utilities). A brief discussion on funding options and proposed projects ensued. Mr. Garza clarified that the Council could approve the funding for the Greenwood project now, and then it would have the opportunity to review its operating budget and capital improvement needs in the next few months, and then make a decision at that time. Mr. Crull added that Mr. Tom Word of the TXDOT local office said that the state may need to amend the TIP in the near future because of changes in appropriations. Responding to Council Member Heldenfels, Mr. Crull said that part of the increase of the Greenwood project may be due to overdesign on the storm sewer system that would accompany the Greenwood Drive improvements. Mr. Heldenfels added that he was not in favor of a tax increase. Mr. Garza asked the Council to approve the Greenwood project with the understanding that staff would evaluate ways that it can be scaled back, and he said the Capital Improvement Program would need to be evaluated and possibly amended later in the year. He pointed out that in the last three years, the General Fund Budget has increased by about $8 million, with some departments (such as Police and Fire departments) experiencing increases, and other departments cutting back. He noted that street improvements have continued to be made through leveraging local dollars. In response to Council members' questions, Mr. Crull said Greenwood is a high-priority project because of increased traffic in that area and the availability of state funds. Mayor Rhodes called for comments from the audience. Mr. Jimmie Till, 1265 Southern Minerals Road, said that many improvements were needed to Leopard Street, particularly from Padre Island Drive to Rand Morgan Road. Assistant City Secretary Koenning polled the Council for their votes as follows: 4. M95-125 Motion endorsing the Federal Fiscal Year 1996-1998 Transportation Improvement Program and recommended street improvements. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Heldenfels voting "No." Minutes Regular Council Meeting May 23, 1995 Page 9 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, actions being considered by the 74th Texas Legislature. Group Manager Utter said staff did not have any legislative items to bring before the Council at this time. * * * * * * * * * * * * * Mayor Rhodes referred to Item 6, a public hearing on the expansion of the Enterprise Zone. Group Manager Utter showed a graphic of the expanded area of the Enterprise Zone. Responding to the Mayor, Mr. Utter said a city can only expand its zone one time during the year. Council Member McNichols pointed out that there was not any tax abatement directly involved from the city's standpoint. Mr. Utter added that an eligible enterprise zone project receives a reduction of the state franchise tax and they can receive up to $2,000 rebate on their state sales tax on the cost of construction for each employee, with some restrictions. Council Member Martin questioned whether this proposal should be postponed until later in the year. Mr. Utter said staff would prefer to wait, but two companies with which negotiations are underway want some assurance that they will be a part of the Enterprise Zone. He explained the process of how the expansion application is approved. Mayor Rhodes called for comments from the audience, and there were none. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Assistant City Secretary Koenning polled the Council for their votes as follows: 6. ORDINANCE NO. 022240 Amending the boundaries of the Corpus Christi Expanded Enterprise Zone and authorizing the filing of an Enterprise Zone expansion application with the Texas Department of Commerce. 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." * * * * * * * * * * * * * Upon verification from Mr. Utter, Mayor Rhodes announced that the annual meetings of the Minutes Regular Council Meeting May 23, 1995 Page 10 city's corporations would be postponed one week. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 15, and Council Members requested that Items 7, 10, 11, 13, 14, and 15 be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following passed: 8. M95-127 Motion approving a supply agreement for an estimated 786 elastic back support belts in accordance with Bid Invitation No. BI -0241-95 with Vallen Safety Supply Company, Corpus Christi, for the total amount of $18,824.70. The term of the contract is for twelve months with an option to extend for up to twelve additional months subject to the approval of the contractor and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 9. M95-128 Motion approving a supply agreement for approximately 6,288 gallons of liquid lime dispersant in accordance with Bid Invitation No. BI -0168-95 with Calciquest, Inc., Charlotte, North Carolina, based on best bid for an estimated annual expenditure of $33,138.34. The term of the supply agreement will be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 94-95 by the Water Department. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12.a. M95-131 Motion authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety, Division of Emergency Management in the amount of $5,746 to fund and conduct a hazardous materials traffic flow study in Nueces County for emergency planning. 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 23, 1995 Page 11 12.b. ORDINANCE NO. 022241 Ordinance appropriating a $5,746 grant from the Department of Public Safety, Division of Emergency Management to fund and conduct a materials traffic flow study in Nueces County for emergency planning; amending Ordinance No. 021997 which adopted the FY 1994-95 operating budget by adding $5,746 to the Local Emergency Planning Committee (LEPC) Fund No. 107-223-750.01. 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 opened discussion on Item 7, purchase of an organic carbon analyzer. Responding to Council Member McNichols, City Manager Garza said the purchase of this analyzer grew out of concern about maintaining the safety of the water supply. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 7. M95-126 Motion approving the purchase of an Automated Total Organic Carbon Analyzer in accordance with Bid Invitation No. BI -0120-95 from O. I. Analytical, College Station, Texas for the amount of $26,295 based on low bid meeting specifications. The equipment is budgeted in the FY 1994-95 Capital Outlay by the Water Department. 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 discussion on Item 10, deferment agreement with Cinemark U.S.A. In response to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering Services, said a foundation permit has been issued to this company and the plans for the public improvements have been approved; however, no building permit has been issued. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting May 23, 1995 Page 12 Assistant City Secretary Koenning polled the Council for their votes as follows: 10. M95-129 Motion authorizing the City Manager or his designee to execute a deferment agreement with Cinemark U.S.A., Inc. to defer construction of paving and drainage improvements for a portion of Silverbeny Drive, on-site sanitary sewer improvements, and on-site water system improvements (Public Improvements) proposed within the limits of the final plat of S.P.I.C.E. Plaza, Block 3, Lots 1 & 5, contingent upon receipt of Cinemark U.S.A., Inc.'s Irrevocable Letter of Credit in the amount of $287,261 which is 110% of the estimated cost of constructing the public improvements, and upon completion of operable water and sanitary sewer to each lot in the subdivision. 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 discussion on Item 11, contract for city's annual audit. Council Member McNichols asked staff to determine the cost of having an audit every two years instead of every year. He recognized that the Charter requires that an annual audit be conducted, but he wanted to determine if the city could save money this way. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 11. M95-130 Motion authorizing the award of a contract in the estimated amount of $84,000 to Collier, Johnson & Woods to perform the financial and compliance audit requirements for fiscal year ending July 31, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria voting "No." ************* Mayor Rhodes opened discussion on Item 13, access ramp at KORO -TV. Responding to Council Member Heldenfels, Mr. Shackelford said the ramp would encroach Minutes Regular Council Meeting May 23, 1995 Page 13 out onto an existing 10 -foot wide concrete sidewalk within the city right-of-way. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a Use Privilege Agreement with TeleCorpus, Inc. (KORO -TV, Channel 28) for the right to construct, operate, and maintain a 4'6" wide by 27 -foot long access ramp for the disabled along the front of KORO -TV, Channel 28 Administration Office Building located at 102 Mesquite Street, approximately 4'6" onto an existing 10 -foot wide concrete sidewalk within City right-of-way; and establishing a fee of $100. 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 discussion on Item 14, agreement with Samuel Roggers and Associates regarding the Bob Marley Festival. Responding to Council Member Martin, Mr. Malcolm Matthews, Director of Park & Recreation, said this proposal had been forwarded to the Convention Center staff. He added that many promoters request a three-year booking and staff tries to work with them in that respect. Mr. Martin questioned this proposal since the promoter, Samuel Roggers and Associates, is not a non-profit organization. Mr. Matthews pointed out that the Corpus Christi Food Bank is benefitting from the Bob Marley Festival since donations of food in lieu of admission will be requested of festival -goers. Mr. Barry Abels, Director of the Corpus Christi Food Bank, said if their contract with Samuel Roggers and Associates is finalized, two-thirds of the profits from the festival (as well as any food and cash donations collected at the site) will go to the Food Bank. He said this year's and future year's festivals will be much more beneficial to the Food Bank as opposed to how the festival was conducted last year (which was the first year it was held in Corpus Christi). A discussion ensued about the cost of providing traffic control around the festival and other associated costs and the city's need to encourage entertainment activities that promote tourism. It was reiterated that the Food Bank would be a beneficiary of this festival. Mayor Rhodes directed staff to amend the ordinance before it returns on second reading to include the Food Bank's Minutes Regular Council Meeting May 23, 1995 Page 14 partnership with the promoter. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Authorizing the City Manager to execute a three-year lease agreement with Samuel Roggers and Associates for the purpose of holding a festival and related activities in connection with the Bob Marley Festival to include non-exclusive use of sidewalks and medians on Shoreline Boulevard between Resaca and Palo Alto Streets from August 30 through September 5, 1995; August 28 through September 3, 1996; August 29 through September 2, 1997 and exclusive use September 2, 1995 at 6 a.m. to 9 a.m. September 4, 1995; August 31 at 6 a.m. to 9 a.m. September 2, 1996; and, August 30 at 6 a.m. to 9 a.m. September 1, 1997 in consideration of a $200 permit fee and 4% of their gross receipts or direct City costs whichever is greater; 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." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, closing of a portion of Dempsey Street. Mayor Rhodes called for comments from the audience. Mr. Ernest Carter, 1711 Stillman, submitted a petition containing approximately 300 signatures of citizens opposed to the street closing. He said the action constituted industry's encroachment into the neighborhood and was a total disregard for the health of the residents there. He reiterated his comments from Last week's Council meeting, saying that a buffer zone should be a "free" zone, and the street closing would restrict the residents' egress. He urged the Council to not approve the proposal. Rev. Dale Lasiter, Pastor of St. Matthew Baptist Church, 1101 Waco, said the residents were distressed about the proposal and were participating in a peaceful display. He said the residents felt their concerns were not being addressed, and he encouraged dialogue among all concerned. Rev. Harold Branch, 1802 Stillman, stated as he had last week that federal monies had been obtained several years ago to improve the Hillcrest neighborhood, which was now being affected by the industry's encroachment there. He asked the Council to postpone this item until input from the residents can be obtained. Minutes Regular Council Meeting May 23, 1995 Page 15 Rev. Roy Malveaux, 1801 Van Loan, State Director of P.A.C.E., said the presence of the refineries near their neighborhood posed a health threat. He added that every Hillcrest resident who wants to leave that neighborhood will leave. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Council Member Best pointed out that whether or not the street closure is approved, the applicant, CITGO, has the appropriate zoning to construct an office building and parking lot on the property it owns in that area. Group Manager Utter said staff felt the street closure would keep unnecessary or unwanted traffic out ofHl lcrest, and it constituted more of a buffer than keeping that portion of Dempsey Street open. Referring to concerns about restricting egress, Dr. Best stated that if there were an explosion at CITGO, residents would not be trying to evacuate via Dempsey Street and Nueces Bay Boulevard, which are two of the streets closest to the refinery. Council Member Heldenfels said he did not understand why residents objected to the construction of an office building on that block. Responding to Council Member John Longoria, Mr. Utter said there are no other proposals for street closures in Hillcrest at this time. He said if more of the block were to be purchased by industry, there might be a proposal in the future for a street closure. He added that Nueces Bay is a commercial street; also, each closure would be considered individually. Council Member Martin asked if this street closure had been discussed as part of CITGO's zoning application which was approved by the Council on May 9, 1995. Mr. Utter replied that it had. Responding to another question from Mr. Martin, Mr. Shackelford said staff recommended that Dempsey Street and an alley right-of-way be closed for a cost of $5,730 to be paid by CITGO. Mr. Garza said that amount was reached after an appraisal was conducted by city staff. Mr. Utter added that the sanitary sewer would be capped off. In reply to Mr. Martin, City Attorney Bray said CITGO's site plan for the project could be made a condition of approval of the street closure. Mr. Martin then expressed concern about future streets being closed, saying that staff did not have a plan for that. He added that staff should solicit the neighbors' input on this issue. Mr. Martin also asked about the industrial district contract. Mr. Utter said under that contract, the land would be taxed at 100% of the assessed value, the improvements would be taxed during the first year at 6%, and over an eight-year period they would be phased up to 60% of the value of the improvements. Minutes Regular Council Meeting May 23, 1995 Page 16 Responding to Council Members Best and Martin, Mr. Utter described the egress of CITGO's parking lot and the zoning of the office building and closed street. Assistant City Secretary Koenning polled the Council for their votes as follows: 15. ORDINANCE NO. 022242 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 second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and J. Longoria voting "Aye"; Martin and McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report, and Mr. Garza replied that he did not have a report at that time. The Mayor then reminded the Council that they were scheduled to have the Council's official photo taken at 1:30 p.m. on May 30, 1995. Mayor Rhodes called for Council concerns and reports. Council Member Best asked about the status of several projects. Mr. Utter replied that the owner of the old Litchenstein building (known as La Plaza) was within her legal commitment regarding the design of the project and construction should commence imminently. He said representatives of First Data Corporation indicated they should have approximately 625 jobs available by the end of the year. Regarding the outlet mall, Mr. Utter said the developer had about 120,000 square feet spoken for, with ground breaking expected in July. Council Member Betty Jean Longoria announced that there would be a meeting, held in conjunction with the Weed and Seed Program, at 6 p.m. on May 25, 1995 at the Oveal Williams Senior Center. She noted that only six people (including herself) attended the last meeting, and she urged citizens to attend in order to facilitate communication among city staff and citizens. Council Member Cooper said that a resident in Perry Place commended staff and police officers for addressing their concerns. She added that the ATM machine at the Corpus Christi International Airport was frequently out of service. Council Member Heldenfels asked about a dark intersection near Buffalo Street downtown. Minutes Regular Council Meeting May 23, 1995 Page 17 Mr. Garza said he would provide a report. Mayor Rhodes called for petitions from the audience. Ms. Jean Lavota, 929 Idlewild, said that residents in Mobile Estates were concerned about air pollution from the surrounding refineries. She said the residents felt the Texas Natural Resource Conservation Commission and city staff were not addressing the problem, and she called for an adequate buffer zone in the area. Mr. Raymond Hasker, 1813 Wallace, distributed a copy of an article regarding the Houston Lighting and Power Company, and he objected to the recent settlement reached with Central Power and Light. Mr. Jack Solka, 501 Bermuda, urged the Council to remove the television program "Race and Reason," which airs locally on the cable public access channel, but he said the whole public access channel itself should not be eliminated. He said he felt that during recent shows, "Race and Reason" was deliberately targeting him with threats of violence. He asked the Council to seek an outside legal opinion regarding removing "Race and Reason" from the channel. Ms. Claudia Jackson, 15209 Cruiser, said one of the aspects of the public access channel was the higher education channel, through which Del Mar College has offered credit courses to over 4,000 students over a 10 -year period. She echoed Mr. Solka's concerns about "hate broadcasting," and she urged the Council to act strongly and appropriately to this situation. Mr. Jimmie Till, 1265 Southern Minerals Rd., commented about land being purchased by Koch Refining in the northwest area. Mr. Clovis Johnson, 5421 Eden Lane, asked the Council to oppose any rezoning near the Javelina company. Mayor Rhodes assured him that the city's intent is to create, through zoning, a buffer zone around the refineries. Council Member John Longoria pointed out that "Race and Reason" is not produced locally. He asked if there were any provision to bar or restrict non -local programs. City Attorney Bray replied that that issue has been discussed in the Public Access Users Group. He said staff would provide a report. Referring to Mr. Johnson's comments about Javelina Refining, Council Member Heldenfels said he would not support high-intensity zoning next to the neighborhoods in that area, and Mayor Rhodes reiterated that that was not the Council's intent. Minutes Regular Council Meeting May 23, 1995 Page 18 Council Member Martin asked for information regarding procedures for violations of cable access channel rules. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:45 p.m. on May 23, 1995. * i i i t F f *### s i