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HomeMy WebLinkAboutMinutes City Council - 09/12/1995I 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 September 12, 1995, which were approved by the City Council on September 19, 1995. WITNESSETH MY HAND AND SEAL, this 19th day of September, 1995 • Illaauo l.napa City Secretary — SEAL MICROFILMED MINUTE CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 12, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Black Council Members: Dr. Jack Best Melody Cooper Tony Heldenfels Betty Jean Longoria 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 Council Member Best, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 August 29, 1995, and there being no corrections, she proclaimed them approved as presented. Police Chief Henry Garrett introduced Assistant Chief Pete Alvarez, who was selected by City Manager Garza to be Chief Garrett's successor when he retires in January 1996. Assistant Chief Alvarez expressed his appreciation, and Mr. Garza said he will ask the Council to confirm Assistant Chief Alvarez's selection during the September 19, 1995 meeting. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: fission on Children and Youth Ken Johnson (Advisory) Minutes Regular Council Meeting September 12, 1995 Page 2 Sister City Committee Michael Flores (Reappointed) Christina Tinning (Reappointed) Jose Torres (Reappointed) Joe Garcia (Reappointed) Drue Combs (Advisory) * * * * * * * * * * * Martine Balme Arturo Casillas Dr. JoAnne Luckie Joe Morales ** Before opening discussion on the first agenda item, Mayor Rhodes announced that Item 3 regarding the platting ordinance was being postponed. She then referred to Item 1, Ocean Drive parking and vehicle lanes. Mr. Tom Utter, Group Manager for Development Services, used maps and other illustrations to describe the Bay Trail Project, which runs from the Bayfront Plaza Convention Center, along Shoreline Boulevard to Ocean Drive, to Naval Air Station Corpus Christi, through the campus of Texas A&M University -Corpus Christi, down Ennis Joslin, down South Padre Island Drive and Holly Road and finally into Flour Bluff. He said the part of the Bay Trail Project from Cole Park to the Ennis Joslin intersection with Ocean Drive had been discussed at length at various public hearings, following which staff developed a compromise proposal. Mr. Utter said that area of Ocean Drive currently consists of the following lane widths: 7 -foot to 7.8 -foot parking lane, 13 -foot outside through lane, and an 11.5 -foot to 12.1 -foot inside through lane. He said that originally there was a proposal to dedicate the current parking lane as a hike and bike lane, but that suggestion was strongly resisted by some Ocean Drive residents. Mr. Utter said the compromise proposal consists of restriping Ocean Drive so that the parking lane would be increased approximately 2 feet to about 9-10 feet, the outside through lane would be reduced to 11-12 feet, and the inside through lane would be reduced to about 11.2 feet. He emphasized that the proposal would not establish a designated bicycle lane as such, but it would provide a safer utilization of this area for the existing joggers and bicyclists. On other portions of the Bay Trail Project, there will be designated bicycle lanes, which he described. Responding to Mayor Rhodes, Mr. Utter said the city's compromise proposal would not affect funding for the whole Bay Trail Project from the Texas Department of Transportation. He added that the bicyclists on Ocean Drive are already riding in the parking lane and the restriping would simply increase the width of that lane to provide more safety. In reply to questions from Council Member Martin, Mr. Utter said none of the grant monies Minutes Regular Council Meeting September 12, 1995 Page 3 would be used for the proposed restriping project. He added that at Cole Park, the grant will provide for concrete hike and bike trails off of the street, and there will be a designated trail on the seawall as well. He said it may take 12 months before the restriping is accomplished, if it is approved. Council Member McNichols said the reason the Cole Park -to -Ennis Joslin section of Ocean Drive will not be designated as a bike trail is because that would give the impression that that section is safe for bicycling, when in fact sometimes it is not. He said that he endorsed the compromise plan, but cautioned against children riding bicycles on that section. Dr. McNichols asked if the restriping would result in an added cost to the city, and Mr. Utter said it would not. Responding to Council Member Best, Mr. Utter said the restriping would result in lanes on Ocean Drive that are still slightly wider than the standard street lane width of 11 feet. Dr. Best said he was not in favor of the compromise plan, adding that it was dangerous to even drive a car on Ocean Drive, much less a bicycle. Council Member John Longoria said he was a cyclist and he agreed that riding a bicycle on Ocean Drive was dangerous. In reply to Mr. Longoria, Mr. Utter emphasized that if this proposal failed, it would not affect the rest of the Bay Trail Project's funding. Mr. Longoria also asked about alternate routes other than Ocean Drive, and Mr. Utter replied that Ocean Drive's popularity is so widespread that there will always be joggers and bicyclists on that street. In addition, the city will carefully monitor the pavement and sweeping needs on Ocean Drive to increase safety. Mr. Longoria then asked if in the future, the lanes could be reverted to their current widths if the restriping proves to be unsuccessful, and Mr. Utter said they could. Council Member Betty Jean Longoria reiterated that everyone in Corpus Christi has a right to use Ocean Drive, and she wanted it made clear that this proposal was not linked to the grant monies from the state. She added that she thought the compromise plan was a good solution. Responding to Council Member Cooper, Mr. Utter said as part of the grant funding, several improvements will be made to various Ocean Drive locations, including Cole Park and other parks, which would benefit both bicyclists and those who drive to the parks in their cars. Council Member Black said she had spoken to several Ocean Drive residents who were opposed to the restriping plan, adding that while the proposal may benefit a limited number of bicyclists, it would adversely affect thousands of motorists by decreasing the width of the travel lanes. She added that she is a bicyclist but felt Ocean Drive was too dangerous to ride on. In response to Mr. Martin, Mr. David Seiler, Traffic Engineer, said the standard for streets in Corpus Christi is 11 feet for travel lanes and 8 feet for parking lanes. Mr. Utter pointed out that the restriping proposal calls for slightly wider lanes, including 9 to 10 feet for the parking lane. Mr. Martin questioned the reason for restriping Ocean Drive, and Mr. Utter reiterated that it was to Minutes Regular Council Meeting September 12, 1995 Page 4 provide a safer environment both for bicyclists and joggers who are already using the parking lane, as well as for motorists so as to avoid possible collisions with cyclists and joggers. A brief discussion ensued. Mayor Rhodes called for comments from the audience. Mr. John Reuthinger said he lives on Ocean Drive and was opposed to the restriping proposal, noting that there have already been too many accidents on that street. He added that the restriping would encourage more bicyclists to travel on Ocean Drive. Mr. Harold Alberts, 5314 Hulen, described why Ocean Drive is such a unique street, including the many bends and turns it takes as it follows Corpus Christi Bay. He said it is dangerous if there is a disparate speed of vehicles and bicyclists. Mayor Rhodes noted that this proposal was not creating that disparity --it already exists. Mr. Leon Perez, 904 Buford, objected to the speeding which occurs on Ocean Drive. Mr. Tom Neagli, 4525 Totton, said he rides his bicycle on Ocean Drive and the extra two feet in the parking lane would be a great benefit. As the owner of Bay Area Schwinn Cyclery, he said many tourists ask where they can ride their bicycles, and he directs them to Ocean Drive; however, Santa Fe is not a good alternate route because there is not enough room for bicyclists. Mr. Hewitt Fox, 4500 Ocean Dr., said there was much misinformation regarding this issue, and he discussed some of the plans for a bike lane, indicating that he objected to the proposal. Ms. Gretchen Arnold, 311 S. Morningside, said this proposal emphasizes rather than ignores safety concerns and begins to educate all travelers on Ocean Drive. She encouraged the Council to support this proposal, noting that the increase of bicyclists helps to decrease the amount of ozone pollution in the city. Mr. Don Kloster, 3441 Tahiti Dr., said he just completed a three-month bicycle trip from Anchorage, Alaska, to Corpus Christi. He described how different cities have established bicycle trails in their communities. Mr. Clay Ewing, 901 Ocean Dr., said he is an avid cyclist and feels that riding on Ocean Drive is safer than many parts of Alameda and almost all of Everhart. He said the restriping proposal should improve conditions for cyclists, joggers and motorists by better defining the travel lanes. Mr. James Hesse, 930 Egyptian Dr., said he rides down Ocean Drive frequently and the restriping would greatly enhance its safety and appeal. He said the recent ozone action days should Minutes Regular Council Meeting September 12, 1995 Page 5 be a signal that cycling should be encouraged. Mr. Dick Leonard, 520 Chaparral, has been a regular bicyclist for many years and he said most cyclists do not travel on Ocean Drive during peak traffic periods, and most do follow traffic laws. He also described benefits of cycling on Ocean Drive. A citizen who said she was an employee at Spohn Health System on Shoreline rides her bicycle to work along with many co-workers, and she said Ocean Drive is relatively safe. She added that traffic speeds on Ocean Drive should be more closely monitored, and cyclists and motorists alike should be cited for violating traffic laws. Mr. Lawrence Wood, 3344 Ocean Dr., referred to a packet of photographs he had distributed to the Council showing joggers and cyclists in the parking lanes of Ocean Drive. He noted that the storm sewers on that street pose an impediment to cyclists. Dr. Joe Jackson, 308 Troy, an avid cyclist and bicycle safety educator, endorsed the city's compromise plan. He echoed the concern that traffic laws should be more strictly enforced. Mr. Len Brandrup, Chairman of the Transportation Advisory Committee, described the many public hearings that have been held regarding this issue. He encouraged the Council to support the restriping proposal. He said throughout this debate, the need for more public education and discussion on bicycling has become apparent. Responding to Dr. Best, Mr. Utter said the plan calls for restriping approximately six miles of Ocean Drive. Mr. Utter added that the grant would provide for the addition of two hike/bike trails through Cole Park, as well as other improvements which he described. He said the city was not planning to restripe the area of Shoreline Boulevard from Cole Park toward downtown, since the seawall would be available for joggers and cyclists. Mayor Rhodes pointed out that the staff's original plan called for eliminating parking on Ocean Drive, which would have been the safest way to install a bike trail there. However, due to pressure and objections from Ocean Drive residents, the staff devised the compromise plan, which tries to accommodate both cyclists and residents. She emphasized that the cyclists and joggers are going to continue using Ocean Drive, so it makes sense to make it safer for all concerned. Assistant City Secretary Koenning polled the Council for their votes as follows: M95-261 Motion approving restriping Ocean Drive parking and vehicle lanes as recommended by City staff and the Transportation Advisory Committee. Minutes Regular Council Meeting September 12, 1995 Page 6 The foregoing motion passed by the following vote: Rhodes, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Black, and Heldenfels voting "No"; Martin absent. * * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, approval of industrial district contracts. Group Manager Utter briefly described the amendments that staff is recommending for the industrial district contracts: inside and outside the city limits; date of execution; altemative payment provision; and authority for the City Manager to execute the contracts. Responding to Council Member Betty Jean Longoria, Mr. Utter stated that Coastal Javelina company was built in the city limits and the city gave it a tax abatement for a limited time. When that time limit was to expire, Coastal Corporation requested that Javelina be rolled into its industrial district, which was not the agreement that the city had. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 2. FIRST READING ORDINANCE Amending Ordinance No. 022092 to provide for a new contractual date and repealing Ordinance No. 022201; amending Exhibit 1 to Ordinance No. 022092 by amending Article III Section (e) and deleting Article III Section (f) from the Industrial District Agreements; authorizing the City Manager to execute corrected Industrial District Agreements, substantially in accordance with Ordinance No. 022092, as amended, to conform the agreements in accordance with Ordinance No. 022092, as amended, to properly identify companies and parcels of land, and to file the agreements in the official records of Nueces County, Texas; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin absent. * * * * * * * * * * * * * Minutes Regular Council Meeting September 12, 1995 Page 7 3. POSTPONED Ordinance amending the Platting Ordinance, Seu:ei. IV, D.,sigi. Standnrds,Pmagrayh A, fm penalties; prof idMg-€e. s.;vercn.e., and puLl:.,at:,,.,. ************* Mayor Rhodes opened discussion on Item 4, Phase II of the 1995 Annexation Program. Mr. Utter used a map to illustrate the revisions that were included following the first reading of this proposal on August 29, 1995. He noted that Tracts C3, C4, C5, D2 and D4 remained exactly the same, and Tract C6 was changed to exclude the area south of Oso Creek, and Tracts C 1 and C2 had been eliminated entirely. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 4. ORDINANCE NO. 022337 Annexing adjacent and contiguous territory containing six tracts of land to the City of Corpus Christi, Texas; declaring such territory and integral part of the City of Corpus Christi, Texas; fully describing the annexed territory; adopting a service plan for the annexed territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring inhabitants and property owners entitled to all the same rights, privileges and burdens of other citizens of the City; declaring the annexed territory, subject to the City Charter and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and McNichols voting "Aye"; J. Longoria voting "No"; Martin absent. * * * * * * * * * * * ** Mayor Rhodes opened the public hearing on Items 5-10, zoning cases relating to the newly annexed properties. Minutes Regular Council Meeting September 12, 1995 Page 8 No one opposed the zoning proposals. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. In response to Council Member McNichols, Mr. Brandol Harvey, Director of Planning and Development, said the Corpus Christi Pistol and Rifle Club is located in Tract C2, which is no longer being considered for annexation. He said that in one of the newly annexed tracts, much of the property was given a pre -zoning designation by a previous City Council, which varied from single- family to general commercial zoning usage. He said there are water and wastewater connections sufficiently close to the site to allow it to develop, which generally describes why the zoning is different from the usual farm -rural designation. Mr. Harvey also briefly described some recent amendments to the zoning ordinance with regard to these cases. Assistant City Secretary Koenning polled the Council for their votes as follows: 5. Case No. C795 -6A. City of Corpus Christi: Zone newly annexed area to "F -R" Farm -Rural District on Tract C3 and "I-3" Light Industrial District on Area 1, located along the west side of Greenwood Drive, between Saratoga Boulevard and the Oso Creek. ORDINANCE NO. 022338 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the zoning map in reference to William Robertson Farm Tracts, east portion of Tracts 26, 27 and 45 and Bohemian Colony Lands, south portion of Section 15 by zoning of newly annexed areas to "F -R" Farm -Rural District on Tract C3 and "I-3" Heavy Industrial District on Area 1; 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." 6. Case No. C795 -7A. City of Corpus Christi: Zone newly annexed area to "F -R" Farm -Rural District on Tract C4, bounded on the north by Saratoga Boulevard, on the east by Ayers Street, on the south by the north line of the City Landfill Tract and on the west by Greenwood Drive. ORDINANCE NO. 022339 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Bohemian Colony Lands, Section 14, being 198 acres out of Lots 1, 2, 7 and 8 by zoning of newly annexed area to "F -R" Farm -Rural District on Tract C4; providing for publication. Minutes Regular Council Meeting September 12, 1995 Page 9 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." 7. Case No. C795 -8A. City of Corpus Christi. Zone newly annexed area to "F -R" Farm -Rural District on Tract C5, bounded on the north by the present City limit line, on the east by Ayers Street, the south being approximately 4,000 feet south of the Oso Creek, and the west line being approximately 800 feet east of County Road 33. ORDINANCE NO. 022340 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the zoning map in reference to Bohemian Colony Lands, Section 14, Lot 4 and Section 16, Lot 1 and Laureles Farm Tracts, being 309 acres out of Section D by zoning of newly annexed area to "F -R" Farm -Rural District on Tract C5; 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." 8. Case No. C795 -9A. City of Corpus Christi. Zone newly annexed area to "F -R" Farm -Rural District on Tract C6, bounded on the north by Saratoga Boulevard, on the east by the present City limit line, on the south by the Oso Creek, and on the west by Ayers Street. ORDINANCE NO. 022341 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the zoning map in reference to Bohemian Colony Lands, Section 13 and west half of 12, and Laureles Farm Tracts, Sections B and C by zoning of newly annexed area to "F -R" Farm - Rural District on Tract C6; 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." 9. Case No. C795 -10A. City of Corpus Christi: Zone newly annexed area to "F -R" Farm -Rural District on Subarea D2.1 and districts ranging from "R -1B" One -family Dwelling District on Subarea D2.2, bounded on the north by Saratoga Boulevard, on the east by the Cayo Del Oso, on the south by Yorktown Boulevard, and on the west by Cimmaron Boulevard. Minutes Regular Council Meeting September 12, 1995 Page 10 ORDINANCE NO. 022342 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the zoning map in reference to Flour Bluff Encinal Farm and Garden Tracts, Sections 20 and 26 and north half of Sections 21, 25 and 34 by zoning of newly annexed areas to "F -R" Farm -Rural District on Tract D2, "R -1B" One -family Dwelling District on Areas D2.1(a) and D2.2(e), "B-3" Business District on Area D2.1(b), "B-4" General Business District on Areas D2.1(f), D2.2(a), (1) and (i), "A-2" Apartment House District on Area D2.2(b), "AB" Professional Office District on Area D2.2(c), "R-2" Multiple Dwelling District on Area D2.2(d), "A-1" Apartment House District on Area D2.2(g), and "B-1" Neighborhood Business District on Area D2.2(h); 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." 10. Case No. C795 -11A. City of Corpus Christi: Zone newly annexed area to "F -R" Farm -Rural District on Subarea D4.1 and "R -1C" One -family Dwelling, "A-2" Apartment House and "B- 4" General Business Districts on Subarea D4.2, bounded on the north by Saratoga Boulevard, on the east by the Cayo Del Oso, on the south by Yorktown Boulevard, and on the west by Cimmaron Boulevard. ORDINANCE NO. 022343 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Sections 22, 23, 24, 35 and south half of Sections 21, 25, and 34 by zoning of newly annexed areas to "F -R" Farm -Rural District on Subarea D4.1 And Area 6, "R -1C" One -family Dwelling District on Areas 1, 2 And 3, "B-4" General Business District on Area 4 and "A-2" Apartment House District on Area 5; 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 opened the public hearing on the following zoning case: 11. Case No. 695-10. Nasser Farahnakian• A change of zoning from `B-1" Neighborhood Business District to "B-4" General Business District on Surrey Place Unit 1, Block 25, Lot Minutes Regular Council Meeting September 12, 1995 Page 11 3, located along the east side of Kostoryz and along the north side of Tiger Lane. Mayor Rhodes said the Planning Commission and staff recommended denial of the `B-4" District, and in lieu thereof, approval of a Special Permit for auto sales and related auto repair subject to three (3) conditions on the northwest 0.43 acre out of Lot 3. Mr. Utter said the applicant agreed. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Responding to Council Member John Longoria, Mr. Harvey said since the applicant's property consists of one lot, a screening fence will need to be installed where his property abuts property that is zoned residential (in the subdivision to the east). Mr. Longoria noted that there were several properties along South Padre Island Drive where the owners have constructed fences. Mr. Harvey said the fence is probably located on the property line, and the owner has the right to construct a fence there. He added that the only remedy would be to have a separate section of the zoning ordinance devoted to fences, which this city does not have. Council Member Martin commented about the need to amend portions of the zoning ordinance regarding signage and auto lots. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 022344 Amending the Zoning Ordinance upon application by Nasser Farahnakian, by granting a Special Council Permit for auto sales and related auto repair subject to three (3) conditions on Surrey Place Unit 1, Block 25, being the northwest 0.43 acre out of Lot 3; 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 12 through 22, and Council Members requested that Items 13, 15, and 17 be withheld for discussion. passed: Assistant City Secretary Koenning polled the Council for their votes and the following were Minutes Regular Council Meeting September 12, 1995 Page 12 12. M95-262 Motion authorizing the City Manager or his designee to execute an Architectural Services Contract in the amount of $20,000 with David J. Thomas, Associates - Architects, to perform all architectural services related to the design and construction of the expansion of the Brooks Chapel Day Care Center. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14.a. M95-265 Motion authorizing the City Manager to execute an amendment to Contract No. C6000165 with the Texas Department of Health in the amount of $61,296 for public health services, including personal and environmental health services during the period September 1, 1995 to August 31, 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14.b. ORDINANCE NO. 022345 Ordinance appropriating a grant in the amount of $61,296 from the Texas Department of Health for public health services, including personal and environmental health during the period September 1, 1995 to August 31, 1996; amending Ordinance No. 022279 which adopted the FY 1995-96 budget by adding $61,296 to the No. 162 Federal/State Grants Fund - Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16. RESOLUTION NO. 022346 Resolution authorizing the City Manager or his designee to execute an advanced funding agreement in the amount of $148,380.55 with the Texas Department of Transportation for the construction of new traffic signals at the intersections of Ocean Drive at the Texas A&M University - Corpus Christi north and south entrances, as part of the Spur 3, Phase I project. 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 September 12, 1995 Page 13 18. ORDINANCE NO. 022347 Authorizing the City Manager or his designee to execute a five year lease with the Nueces County Community Action Agency for City owned property consisting of a 4,254 -square foot building and an 11,200 -square foot parking lot located at 442 Mohawk Avenue (Lot 12, Block 23, Meadow Park Addition, an addition of the City of Corpus Christi recorded in volume 4, page 52, of the map records of Nueces County, Texas), for a new Headstart Program Facility; in consideration of $1.00 per year, remodeling the building, and operating a Headstart Program. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19. ORDINANCE NO. 022348 Authorizing the City Manager or his designee to execute an oil and gas lease with Transquest Inc. on two tracts comprising 5.299 acres out of Tracts 2-B, 3-B and 4, M.M. Gabriel Partition of the Guggenheim and Cohn Farm Lots, underlying the Gabriel Terrace drainage ditch located near the intersection of Padre Island Drive and Old Brownsville Road for a minimum bid of $75 per acre, $10 per acre delay rentals 20% royalty with a three year term. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 20. ORDINANCE NO. 022349 Authorizing the City Manager of his designee to execute a Use Privilege Agreement with Everest Environmental Services Corporation (EESC) to install one monitor well within City right-of-way and one monitor well on City property located near the intersection of Chaparral and Fitzgerald Street. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 21. ORDINANCE NO. 022350 Authorizing the City Manager or his designee to execute a ten year lease with the Nueces County Community Action Agency for Lots 3, 4, 71, and 72 and the south 60 feet of Lots 1 and 2, Block 10, Steel's Addition at the intersection of Harmon Street and Morris Avenue for construction of a parking lot for the Los Pequenos Head Start Center in consideration of $1.00 per year and construction of the parking lot. Minutes Regular Council Meeting September 12, 1995 Page 14 The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 22. ORDINANCE NO. 022351 Authorizing the City Manager or his designee to execute an amendment to the lease with the United States of America (National Weather Service) authorized by Ordinance No. 021822 approved on December 14, 1993 by decreasing the original premises from 5.663 acres and by adding a second premises including temporary and permanent easements for the Radar Dome, which is an integral part of the Next Generation Radar (NEXRAD) Facility. The foregoing ordinance passed on second 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 13, Wesley Seale Dam gate rehabilitation. Responding to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering Services, noted that the contract with Freese & Nichols Inc. represents the team of Freese & Nichols, Russell-Veteto and Bath & Associates. He said Freese & Nichols is the recognized expert in dam construction and rehabilitation and they are very familiar with the safety aspects involved. In addition, the fee for the proposed contract with Mr. Robert Arms is $45 an hour, which is based on 50 hours per week/52 weeks a year, and it follows the construction schedule proposed by the contractor that will be used. Other factors impacting the cost include the split inspection responsibility, and the Lead paint removal and abatement. Referring to Mr. Martin's question regarding a possible duplication of services between the two contracts, Mr. Shackelford said the Freese & Nichols/Russell-Veteto group will only make monthly site visits, as well as interpretation of the plans and specifications as needed; Mr. Arms would be hired as the resident engineer. Mr. Carl Crull, Group Manager of Public Works and Utilities, further explained the engineering costs associated with this project. He said staff feels this is a very important project with regard to Lake Corpus Christi and the operation of the dam, since it affects a significant amount of the area's water supply. Responding to Mr. Martin, Mr. Crull said Mr. Arms will report to city staff. He added that the Texas Natural Resource Conservation Commission regulations require that the inspection work be directly supervised by a resident engineer. Council Member McNichols also questioned the cost of the contract and the need for the inspector to be on site 50 hours a week, 52 weeks a year. Mr. Crull said the engineer's expertise is Minutes Regular Council Meeting September 12, 1995 Page 15 needed particularly for decisions regarding structural concerns and other aspects of the project, which he briefly described. In response to Council Member Heldenfels, Mr. Crull said Freese & Nichols' original proposal for the construction phase services as well as the full-time resident inspection was approximately $700,000; the staff's recommendation consists of $227,000 for Freese & Nichols' engineering services, plus $234,000 for Mr. Arms' resident engineering services. 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.a. 1v195-263 Motion approving Amendment No. 5 in the amount of $227,000 to the contract for Engineering Services with Freese & Nichols, Inc. for construction phase services associated with the Wesley Seale Dam Spillway Crest Gate and Sluice Gate Rehabilitation. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13.b. M95-264 Motion awarding a contract in the amount of $234,000 to Robert L. Arms, P.E., for resident engineering services associated with the Wesley Seale Dam Spillway Crest Gate and Sluice Gate Rehabilitation. 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 15, utility improvements. In response to Council Member McNichols, Mr. Crull said that at the time the city entered into the original contract with Urban Engineering, the city felt it would be able to receive an exemption from the Texas Department of Transportation's (TXDOT) policy and leave some of the utilities within or very close to the right-of-way to minimize the city's additional right-of-way acquisition costs. He said at that time, TXDOT did not have any preliminary designs regarding road improvements on Spur 3, and they had originally envisioned a 700 -foot long bridge in that particular area. However, the cost was going to be prohibitive, so TXDOT opted to build a shorter bridge with Minutes Regular Council Meeting September 12, 1995 Page 16 a retaining wall system, which precluded the city from leaving any utilities in the right-of-way. Mr. Crull also described other aspects of the project, including some impact to the wetland areas. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 15. M95- 266 Motion authorizing the City Manager to execute Amendment No. 1 to the contract for Engineering Services with Urban Engineering, Inc., in the amount of $38,800 for professional services associated with improvements to the Gas, Water and Wastewater systems serving Texas A&M University -Corpus Christi. 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 17, automatic teller machine at the airport. Replying to Council Member Martin, Mr. Garza said Bank of America Texas is buying that automatic teller machine. Mr. Martin requested more information regarding surcharge fees. Mr. George Hext, Director of Aviation, said the ATM will be located in the baggage claim area. Responding to Council Member Cooper, Mr. Hext said that AT&T has withdrawn their telefax services from the airport and another company will be activating it shortly. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the option to renew for an additional five years with Bank of America Texas, N.A., to provide ATM service at the Corpus Christi International Airport for $1,000 or 75% of gross profit per month, whichever is greater. 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 September 12, 1995 Page 17 Mayor Rhodes called for the City Manager's report. Mr. Garza noted that a public hearing regarding the establishment of the proposed drainage utility and the first reading of that ordinance had been scheduled for this Council meeting. He said several neighborhood meetings on this issue were held, and there seems to have been some confusion as to what staff was recommending. As a result, he concluded that staff should postpone the establishment of the drainage utility so that citizens and business owners can provide their input. Mr. Garza added that once it is established, the drainage utility can make a significant difference in the quality of life in Corpus Christi. He said he was requesting that the public hearing for this meeting be canceled so that the staff can make changes to the proposal. Mayor Rhodes asked Mr. Garza's plans for a Citizens' Advisory Committee, and he said he envisioned it consisting of various members, including members of Neighborhood Associations throughout the city. Council Member Martin said this issue was being promoted as a "clean water" issue rather than as a drainage issue. He said the first step should be to explain the basics of drainage needs. Following a brief discussion, Mr. Martin made a motion to exclude the reference in the resolution to the Citizens' Advisory Committee, the motion was seconded by Council Member Heldenfels, and it passed unanimously. Mr. Heldenfels said staff did not make it clear to citizens that the drainage utility consisted of two parts: first the utility would be established, then the rates would be set. Mr. Garza acknowledged that that was a shortcoming in the staff's presentation, and he added that it is very difficult to discuss a program without referring in some way to its possible costs. Council Member John Longoria echoed Mr. Martin's and Mr. Heldenfels' concerns, and emphasized the need for better public information. Assistant City Secretary Koenning polled the Council for their votes as follows: 24. RESOLUTION NO. 022352 Resolution canceling the public hearing on the proposed Drainage Utility scheduled for September 12, 1995. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes announced the closed session, pursuant to Texas Government Code Sections 551.071 and 551.072 regarding acquisition of a new landfill for Corpus Christi. Minutes Regular Council Meeting September 12, 1995 Page 18 The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * City Manager Garza continued his report, saying that items scheduled for the September 19, 1995 Council meeting include: proposed landfill site; workshop on the Capital Improvement Program; and a presentation on the JFK Causeway elevation study. Mayor Rhodes called for Council concerns and reports. Council Member Martin requested that a closed session be held to discuss the appointment of Assistant Chief Alvarez as Police Chief. Mr. Martin also requested more information regarding contracts for the Columbus Fleet shipyard and seaport projects. He then raised several questions regarding actions taken during ozone alert days, including whether the state has provisions to postpone paving work on such days. Mr. Crull said he was not aware of any such provisions. Mr. Martin said more needs to be done to alert companies about ozone action days and to encourage them to modify their work to reduce ozone pollution. He asked for a report on this subject. Council Member McNichols noted that during a recent ozone action day, there was a large amount of military air traffic, and he questioned whether the military installations in the area could be contacted regarding ozone alerts. Mayor Rhodes asked the Council to forward any such suggestions to Deputy City Manager Hennings in order to improve the city's handling of ozone alerts. Mr. Garza explained that all of the corporations on "refinery row" are notified of ozone action days, as well as the school district and other entities. Mr. Martin pointed out that the sources of ozone pollution need to be better identified so that they can be specifically targeted. Council Member Cooper said she had just returned from a trip to France, including Corpus Christi's sister city, Agen. She thanked Robert and Jeanette Isaacs, the Sister City Host Committee, and Mr. Paul Chollet, the mayor of Agen, for their hospitality. She noted that the first visit to Corpus Christi of members of Agen's Host Committee will take place October 10-15, 1995. Dr. McNichols asked staff to send a letter of commendation to the Texas Department of Transportation for their quick response in repairing a portion of Highway 361 before the Labor Day weekend. He said their action probably helped avoid any accidents on that road. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:55 p.m. on September 12, 1995.