Loading...
HomeMy WebLinkAboutMinutes City Council - 09/26/1995I 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 26, 1995, which were approved by the City Council on October 10, 1995. WITNESSETH MY HAND AND SEAL, this 10th day of October, 1995 aundra Koenning Assistant City Secretary SEAL MILKUTkLlwi t. 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 MINT JTF,S CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 26, 1995 2 p.m. 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 Father Richard Speer, St. Andrews Episcopal Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. 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 September 19, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting to conduct the meeting of the Workforce Development Executive Committee. The Mayor reconvened the Council meeting. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting September 26, 1995 Page 2 Animal Control Advisory Cornrmttee Drew M. Reining Nueces County Community Action Agency Mayor Mary Rhodes - Represented by Sonya Kay Lee Betty Jean Longoria - Represented by Victor Gonzalez John Longoria - Represented by Marisella Perez Municipal Arts Commission Joseph Wilson (Reappointed) Van Phan Villa (Reappointed) Linda Eshom (Reappointed) George Dunson (Reappointed) Jeff Kean Angelina Rodriguez Museum of Science & History Alda Klett (Reappointed) Gwen Henzi (Reappointed) Delbert Hooper (Reappointed) Dr. Henry Brennecke Tony Diaz * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, an update on the Neighborhood Association Task Force. Ms. Mary Beth Nelson, President of the Greenfields By the Bay and Victoria Park Neighborhood Association and a member of the Mayor's Neighborhood Association Task Force, gave a presentation on the task force's work thus far. She said the task force members propose to establish a city-wide Council of Neighborhood Associations and to produce a manual on how to form neighborhood associations. She said the formation of a Council of Neighborhood Associations will not only develop a more aware and informed public, but it will also promote a more productive method for residents to convey their needs to Council members and staff, generating an atmosphere of partnership instead of adversity. Ms. Nelson, who used a map to indicate the neighborhood associations which are currently active in the city, noted that a meeting is being planned for November. She outlined the Minutes Regular Council Meeting September 26, 1995 Page 3 task force's other major goals, including holding monthly meetings and workshops. Mayor Rhodes thanked the task force members for their efforts, and she pointed out that there are many benefits of establishing a Council of Neighborhood Associations. Council Member Cooper said she has enjoyed chairing the Mayor's Neighborhood Association Task Force. She added that more and more cities are utilizing neighborhood associations to help fight crime, as one example. Council Member Best noted that one problem often faced by neighborhood associations is the lack of an adequate meeting place. Ms. Nelson said the task force would like to discuss this issue with city and public school officials. Council Member Betty Jean Longoria recognized Ms. Joan Morgan, who is active with the Mayfield Neighborhood on Watch program, and who is also involved with the task force. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3 concerning the feasibility of seawater desalination. Mr. Ron Marek, Chairman of the Community Technical Support Group (CTSG), addressed the Council members. He explained that CTSG is comprised of individuals who are either professional engineers or registered architects, or who have technical backgrounds. He said the group was formed as a result of their participation in the Citizen's Advisory Committee on Desalinization. Mr. Marek said it was the CTSG members' opinion that pertinent engineering and economic issues had not been adequately addressed. Mr. Marek then introduced Mr. John Williamson, CTSG secretary, who gave a presentation on sea water desalination. He said calculating net present values (or debts) of pumped Lake Texana water and sea water desalination is the only acceptable method to use in the comparison. He added that unit costs --dollars per acre foot --do not provide an accurate comparison since they cannot include the time value of money. Mr. Williamson also noted that the two alternatives require different annual cash flows over different periods of time. Mr. Williamson referred to many aspects of CTSG's report, which had been distributed to the Council members. His presentation included many detailed comparisons of the pumped Lake Texana water and sea water desalination, and it was the group's contention that Lake Texana water is not the overwhelming superior answer to the region's future supplemental freshwater requirements, and that CTSG's recommendations are sound and valid. City Manager Garza said he had asked that a third party evaluate CTSG's report and the studies conducted by HDR Engineering and Naismith Engineering under the Trans -Texas program. Minutes Regular Council Meeting September 26, 1995 Page 4 Mr. James Dodson, Regional Water Director, introduced Dr. Davis Ford, an environmental health engineer who has had extensive experience in this field, including as a professor and as a consultant. Regarding desalination, Dr. Ford briefly discussed reverse osmosis, which he noted is a proven technology that will continue to improve with time; however, it is energy intensive. He said that in evaluating reverse osmosis, certain issues to consider include intake and reject structure costs, permitting requirements, phasing economies, hurricane susceptibility, and module/membrane life. Dr. Ford also reviewed the water contract that the City of Corpus Christi has with Lavaca- Navidad River Authority (LNRA), including economic factors such as the city's firm debt service amount over the course of the contract. He also discussed aspects of the Lake Texana-Stevens Water Plant pipeline. He said the LNRA contract is a good investment, which is verified by the fact that many other entities would be interested in securing that contract if Corpus Christi were to sell its rights. In summary, Dr. Ford said that a more intense review of reverse osmosis should be conducted in the next five years and considered as a candidate supplement. Responding to Council Member Best, Dr. Ford reiterated that the city's contract with LNRA is a valuable asset, whether or not it chooses to exercise its option. Council Member McNichols asked about the cost comparison of Lake Texana water and sea water desalination. Dr. Ford said it is estimated that Lake Texana water will cost between $350- $500 an acre-foot versus, for example, a desalination plant that was built in Baja, California, for approximately $1,600 per acre-foot. Responding to another question from Dr. McNichols, Dr. Ford said that at this time, he would not recommend spending a lot of money pursuing sea water desalination as a water supply option; however, he reemphasized that the city should monitor the technology over the years as it emerges. He said the city still had five or more years before a decision needed to be made regarding the pipeline for the Lake Texana water, which is a major issue in the cost of that water. Mayor Rhodes pointed out that the city's goal has been, and continues to be, securing a long- term water supply for the city and the surrounding region. She acknowledged that desalination is an easier concept for the public to grasp than some of the other altematives, but in reality, it is more complex than it appears. Responding to Council Member Heldenfels, Dr. Ford said that one estimate for the Lake Texana water pipeline is approximately $1 million per mile, or a total of about $105 million. He said if that cost were doubled, it would still be less expensive than sea water desalination. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, graffiti ordinance. Minutes Regular Council Meeting September 26, 1995 Page 5 Police Chief Henry Garrett said that staff felt the proposed ordinance would enable police to better fight the problem of graffiti throughout the city. For example, it proposes that if a minor is apprehended with graffiti paraphernalia in his or her possession, that would be a violation of the law and the police can then take appropriate action. He said graffiti violations will continue to be enforced in accordance with the Texas Penal Code (criminal mischief), but this ordinance would give local police a little more flexibility in dealing with juveniles. Responding to Mayor Rhodes, Chief Garrett said that the problem of graffiti is progressively worsening: in 1993 the Make Amends Program cleaned up 166 sites; in 1994 they painted over 614 sites; and this year to date, 969 sites have been painted over. The Mayor said the only criticism she has heard concerning the proposed ordinance is that it does not go far enough in that the property owner is not held responsible for cleaning up the graffiti. Chief Garrett said staff did not want to penalize the property owners, who are the victims of this crime. He added that some property owners do not even want their defaced property painted over because of a fear of retaliation by the perpetrators, and he emphasized the importance of changing that thinking. Responding to Council Member Cooper, Chief Garrett said there are some cities which have graffiti ordinances that are much more stringent than this proposal, but he said he hopes the community will cooperate with police in dealing with this problem. He added that the police investigators feel the portion of the ordinance concerning graffiti paraphernalia will really help in their efforts. City Manager Garza said the city has a volunteer program consisting of citizens who respond to calls to clean up property defaced by graffiti. He added that the city provides the paint for that program. In reply to Council Member Best, Chief Garrett described the fines associated with graffiti violations. Council Member John Longoria suggested that the city establish a phone number through its existing "help line" for citizens to report incidents of graffiti. He said another idea might be to encourage minors to turn in spray paint cans in exchange for movie passes, for example. Mr. Longoria also said that city officials should be concerned about ways in which minors are obtaining spray paint, such as whether it is being purchased by adults on behalf of minors. Referring to another comment by Mr. Longoria, City Attorney Bray stated that this proposal involves amending two separate sections of the City Code of Ordinances --adding one section that deals with graffiti, and at the same time, amending the parental responsibility ordinance to specify that parents have a duty to keep their children from applying graffiti or from illegally possessing the graffiti paraphernalia. Minutes Regular Council Meeting September 26, 1995 Page 6 Responding to Council Member Betty Jean Longoria, Chief Garrett said most of the graffiti violations are perpetrated by children who are 13 to 17 years old. He said if someone is 17 years old or older, he or she is dealt with as an adult, while a juvenile is processed through the Nueces County Juvenile Justice Center. The Chief reiterated the need to aggressively pursue graffiti vandals by creating consequences for their illegal behavior. Council Member Martin asked about the policy regarding removing graffiti from city property, and Mr. Garza replied that staff tries to remove it as quickly as possible. Mr. Martin said he agreed that the burden of removing the graffiti should not be placed on the property owner, but the ordinance should require that it be removed, and the city should provide the mechanism and pay for the expense of removing it. Council Member Black said she is in favor of the ordinance, adding that she felt it should be stronger in requiring the removal of the graffiti. In response to Mrs. Cooper, Mr. Mike Griffiths, Chief Juvenile Probation Officer, said if private property is defaced by graffiti, the owner will be asked if the property can be painted over at no cost. Mrs. Cooper suggested that citizens be allowed to donate unused paint that can be used to paint over graffiti. Council Member McNichols commented about the need for alternate methods of discipline. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, emphasized the importance of holding the juvenile perpetrator and his or her parents responsible for their behavior. Mr. Leon Perez, 904 Buford, said he felt the ordinance was not forceful enough. Assistant City Secretary Koenning polled the Council for their votes as follows: 4. FIRST READING ORDINANCF Amending the City Code of Ordinances prohibiting certain conduct relating to graffiti; authorizing measures for graffiti control; establishing criminal penalties for violations; and providing for severability. 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 26, 1995 Page 7 Mayor Rhodes opened discussion on Item 5, engineering services for the new landfill site. Mr. Tom Utter, Group Manager for Development Services, said a meeting was held with seven firms which staff felt might be interested in this proposal, and subsequently all seven said they felt that a minimum of 35% of local participation was satisfactory. Responding to Council Member Martin, Mr. Utter said the staff's original statement that there were no local engineering firms which had been instrumental in obtaining a new landfill permit was correct. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 5. M95-272 Motion authorizing staff to modify the 75% local participation rule in soliciting requests for proposals from engineering consultants for professional services necessary to obtain a Type I Municipal Solid Waste (MSW) permit for a new landfill from the Texas Natural Resource Conservation Commission (TNRCC) to require a minimum of 35% local participation. 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 6 concerning the factory outlet center. Group Manager Utter said that in February 1995, the Council authorized the development of a factory outlet center in northwest Corpus Christi. Some of the actions that the Council took at that time included an infrastructure agreement with the developers, consisting of Mr. Stan Samberg, Charter Oak Partners and Rothschild Realty. That contract, which runs through June 1, 1996, stipulated that the city would move forward with the plans for the new water and sewer lines and the highway ramp reversals once the developers had 75,000 square feet actually leased; in addition, the city's construction would commence at the same time the developers' construction began. Mr. Utter said that the Council also authorized two additional real estate sales contracts with Mr. and Mrs. Garnett Brooks, which gave the city 180 acres of land immediately behind the location of the proposed outlet center for a new golf course; the second contract provided for street right-of- way and water and sewer right-of-way to the center. He said the developers anticipate having the architectural work started before the end of the year, and they anticipate breaking ground during the Minutes Regular Council Meeting September 26, 1995 Page 8 first quarter of 1996. Mr. Utter added that the contracts with Mr. and Mrs. Brooks would expire on October 1, 1995, and staff was recommending that they be extended until June 1, 1996 (the same time period as the contract with the developers). Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 6.a. M95-273 Motion authorizing the City Manager, or his designee, to execute an extension of the Real Estate Sales Contract with Garnett T. Brooks and Patsy S. Brooks, providing for the conveyance of approximately 180 acres roughly bounded by the Union Pacific Railroad, the Nueces River, and the CPL right-of-way, which the southerly boundary of the tract being conveyed, to the City in consideration of the City installing water and wastewater lines to adjacent property owned by Mr. and Mrs. Brooks roughly bounded by I1137, the Union Pacific Railroad, and the Nueces River. If the new golf course is not constructed within seven (7) years from the date of closing the property automatically reverts to Mr. and Mrs. Brooks, which Real Estate Sales Contract was authorized by Motion No. M95-046 passed and approved by City Council on February 28, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 6.b. M95-274 Motion authorizing the City Manager, or his designee, to execute an extension of the Real Estate Sales Contract with Garnett T. Brooks, III and Laura Ann Brooks, Co -Trustees of the Brooks 1994 Family Trust, providing for the conveyance of a roadway right-of-way being approximately 60 feet wide by 950 feet long from approximately the intersection of Ripple Street and Sharpsburg Road across the Brooks 1994 Family Trust Property to the CPL right- of-way, which is the northerly boundary of the Brooks 1994 Family Trust Property, which Real Estate Sales Contract was authorized by Motion No. M95-047 passed and approved by City Council on February 28, 1995. 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 7, amendments to the administrative section of Minutes Regular Council Meeting September 26, 1995 Page 9 the Corpus Christi Electrical Code. Mr. Utter said this proposal was developed in response to several factors, including problems that the city's electrical inspectors have encountered in the field, as well as concerns raised by the Electrical Advisory Board. The proposal would involve placing a higher standard on both the contractor and the Master of Record with regard to passing a local licensing test. Responding to Council Member John Longoria, Mr. Utter said he understood that several cities adjacent to Corpus Christi have reciprocity among themselves but not reciprocity in Corpus Christi. He said the ordinance would require that they take the required test in Corpus Christi so that they would be licensed here. He said there is discussion regarding whether currently licensed electricians would need to renew their licenses in order to continue working in Corpus Christi. A brief discussion ensued. 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. FIRST READING ORDINANCE, Amending the City Code of Ordinances, Chapter 13, Building; Construction and Related Operations; Housing and Housing Premises Standards, Article I, Construction Codes, Chapter 1, Administration, by amending Sec. 108.2.2.1 to require electrical licenses examinations be supervised and administered by the City of Corpus Christi; deleting provisions of Sec. 108.2.2, Reciprocal Licenses; amending Sec. 108.2.9.1 to include statement of master of record -contractor relationship; adding Sec. 108.2.9.1.1 for evidence of master of record qualifications; adding Sec. 108.2.9.1.2 disclosure under the Texas Staff Leasing Services Act; amending Sec. 108.2.9.3 to include elements of the master's supervision and making unlawful misrepresentation of unsupervised work; providing for penalties; providing for publication; and an effective date immediately following 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 called for a five-minute recess. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the proposed Phase III annexation of the City's Minutes Regular Council Meeting September 26, 1995 Page 10 1995 Annexation Program, annexing 6,801 acres of land comprised of five tracts: El, E2, E3, E4, and E5, generally located in the Mustang/Padre Island area, extending from the Port Aransas city limit line south to the Nueces/Kleberg county line. City Manager Garza stated that this phase of the annexation program was approached in the same way that others have been: city staff members analyze the territory being proposed for annexation, staff tries to assess the cost, and then staff makes some assumptions about the proposal. He noted that sometimes the taxes that would be generated by annexing a particular area do not offset the costs associated with bringing that area into the city limits. Mr. Garza said that following an extensive discussion the Council had regarding the Phase II annexation, he reviewed the proposals for the remaining annexation phases to determine how they would impact the city's budget. He noted that the information provided to the Council about Phase III more clearly indicates the liability the city would be taking on as well as tax revenues. Council Member McNichols asked Mr. Utter to clarify which areas the staff was recommending for annexation in the modified proposal for Phase III. Mr. Utter said the area being recommended was contained in Tracts E3 and E4 (both of which are undeveloped portions of the Padre Isles subdivision), and 10 acres in Tract El (the area on which Memorial Medical Center will build a facility). Mr. Utter said the area of Mustang Island up to the Port Aransas city limits was not being recommended for annexation at this time; however, staff is recommending that that area be reviewed approximately every 12 months. Mayor Rhodes asked if anyone in the audience was in favor of annexing the rest of Tract El and Tracts E2 and E5, and no one came forward. Following a voice vote, the Mayor then announced that it was the consensus of the Council that Phase III of the annexation program would include only Tracts E3 and E4 and the specific 10 acres of Tract El. No one appeared in opposition to the proposed Phase III annexation, and Council Member Martin made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Responding to Mr. Martin, Mr. Garza said there were several reasons why the staff recommended deleting a portion of Tract El and all of Tracts E2 and E5, one of which was a request from Nueces County officials asking that the annexation program be delayed. Mr. Martin said that although this was not the appropriate time to consider the annexation of the deleted tracts, they are still part of the long-term future of Corpus Christi. In reply to Mr. Martin, Mr. Utter said the public notice for Phase IV would be published on November 3, 1995, and the public hearings are planned for November 15 (Planning Commission) and November 21 (City Council). He said the first and second readings of the ordinance were scheduled for December 12 and 19, respectively. Mr. Martin asked staff to bring their proposal for Phase IV back to the Council before the public notice is published. Minutes Regular Council Meeting September 26, 1995 Page 11 Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 595-4. Texas Television. Inc : A change of zoning from "B-2" Bayfront Business District to "B-5" Primary Business District on Jones Shoreline Business Lots, east portion of Lots 1 through 11 and east portion of GSH Land Ltd. Tract, located on the northwest comer of South Shoreline Boulevard and Born Street. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-5" District, and in lieu thereof, approval of a special permit for a television broadcasting station and related studio and offices subject to two (2) conditions. Mr. Brandol Harvey, Director of Planning and Development, said this zoning case, which was first heard by the Planning Commission in May 1995, was associated with a special exception request to allow a television broadcasting tower on an adjacent piece of property downtown. The case concerning the tower was heard by the Zoning Board of Adjustment and approved. He said this zoning case before the City Council has nothing to do with that tower; it only has to do with the associated broadcasting offices that are proposed to be located in the "B-2" district, which comprises approximately half of the property that the applicant has acquired. Mr. Harvey then showed a video illustrating the existing land uses. Responding to Mayor Rhodes, Mr. Harvey said that one of the idiosyncracies of the city's 1960 zoning ordinance is the assumption that any offices or studios associated with a broadcasting tower would generate unusual concern, which is true. The ordinance states that even the offices must be located only in a "B-5" district where a tower is allowed, and in all cases, the tower has to go through the special exception review process. He added that the applicant has agreed to the special permit with the specified conditions. Mr. Jack Cooper, 520 S. Chaparral, described why he opposed the zoning request. He raised the issue of safety and the concern of locating a 173 -foot tall microwave tower right on the bayfront where wind speeds can be very high. He also objected to the fact that the applicant will be allowed to place an approximately 12 -foot by 12 -foot sign on the tower, which he said constitutes placing a billboard on the bayfront. Mr. Cooper said he did not object to the applicant's business offices being located on the bayfront, but he did object to the placement of the tower there. He said the special permit does not specify a site plan, and he questioned the feasibility of voting on this issue without a site plan. In reply to Mayor Rhodes, Mr. Utter said some citizens had previously objected to placing a sign on the tower, and after specifications were decided upon, the Zoning Board of Adjustment specifically authorized the use of a sign. Mr. Utter added that one of the conditions of the special permit is "a television broadcasting station, studio and offices consistent with the site plan and elevations attached." Minutes Regular Council Meeting September 26, 1995 Page 12 Mayor Rhodes said she would not have voted to place the tower in that location on the bayfront, but she added that she was not willing to vote against the zoning change just as a loophole to eliminate the tower. She said that the case before them --the office building and studios --was appropriate in that location and was attractive. Responding to Council Member McNichols, Mr. Utter said that the 20% rule did not apply in this case. Mr. Mike McKinnon, of McKinnon Broadcasting Inc. (Texas Television Inc.) stated that the plans shown to the Council and public may vary slightly with the raising of the office building in order to allow for parking underneath the building. Mr. Larry Urban of Urban Engineering described in more detail some of the plans for the building. Council Member Best said he had some reservations about the issue of signage on the tower, which was a decision that was not made by the Council, but he said he did support the special permit for the office building. Council Member Martin pointed out that in the "B-5" zoning in which the tower will be located, a building of any height would be allowed there. He added that he hoped the location of this business on the bayfront will spur even more economic development there. Council Member John Longoria said he agreed with Mr. Martin's comments, and said it should be incumbent upon the City Council to think about improving the appearance of Memorial Coliseum. Council Member Betty Jean Longoria said she felt this project would be an asset to the downtown area, pointing out that she would prefer to have a broadcasting tower there than a much taller building. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 022361 Amending the Zoning Ordinance upon application by Texas Television, Inc., by granting a Special Council Permit for a television broadcasting station and related studio and offices subject to two (2) conditions on Jones Shoreline Business Lots, east portion of Lots 1 through 11 and east portion of GSH Land Ltd. Tract; 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." * * * * * * * * * * ** Minutes Regular Council Meeting September 26, 1995 Page 13 Mayor Rhodes opened the public hearing on the following zoning case: 10. case No. 895-3. Cruz C. Perales: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on David Brown Addition, being the east 0.17 acre of Tract 11, being an interior tract of land located approximately 150 feet east of South Port and approximately 130 feet south of Baldwin Boulevard. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Responding to Council Member Martin, Mr. Utter said the recommendation for this zoning case would take care of the problem of the zoning line bisecting the property into "R -1B" on one portion of the lot, and "B-4" on the other portion. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 022362 Amending the Zoning Ordinance upon application by Cruz C. Perales, by changing the Zoning Map in reference to David Brown Addition, being the east 0.17 acre of Tract 11 from "R -1B" One -family Dwelling 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, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. C895-5. City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling and "A-2" Apartment House Districts to "B-1" Neighborhood Business District on Steele Subdivision, south 60 feet of Lots 1 and 2 and all of Lots 3, 4, 70, 71 and 72, located on the west side of Harmon Avenue, between Mary and Morris Streets. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-1" District, and in lieu thereof, approval of a special permit for an off-site parking lot subject to four (4) conditions. Mr. Utter explained that the parking lot would be used for the Los Pequenos Head Start Program, which staff felt would be a viable use in that neighborhood. However, staff did not Minutes Regular Council Meeting September 26, 1995 Page 14 feel that the change to "B-1" zoning would be appropriate. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO, 022363 Amending the Zoning Ordinance upon application by City of Corpus Christi, by granting a Special Council Permit for an off-site parking lot subject to four (4) conditions on Steele Subdivision, south 60 feet of Lots 1 and 2 and all of Lots 3, 4, 70, 71 and 72; 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 24, and Council Members requested that Items 15, 16, 17, 18, 21, 22, and 23 be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 12. M95-275 Motion approving the purchase of computer equipment including eight workstations with related software and equipment in accordance with Bid Invitation No. BI -0010-96 from MicroTek Sales, Inc., Corpus Christi for the total bid of $27,695 based on only bid. The equipment is budgeted in the 1995-96 fiscal year by Accounting Division, Finance Department. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. M95-276 Motion authorizing the City Manager or his designee to execute a software, hardware, and peripheral preferred maintenance agreement with Ameritech Library Services for the computer system located at the Central Library. The agreement is for one year and City Minutes Regular Council Meeting September 26, 1995 Page 15 expenditures under this agreement shall not exceed $62,743. Funds are available in the Central Library's fiscal year 1995-96 budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14. M95-277 Motion approving supply agreements for large lamps in accordance with Joint Governmental Purchasing Group Bid Invitation No. JGPG-95-1 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $31,086.11. The term of the agreements 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. Estimated large lamps use by City: Incandescent - 8,425; Fluorescent - 10,225; High Intensity - 511; Quartz - 106; and Stage, Studio & Projector Lamps - 135. Flato Electric Supply Co. Corpus Christi. Texas (Groups 1 & 4) $9,630.73 American Light, Inc. orpus Christi. Texas (Groups 2, 3 & 5) $21,455.38 Grand Total - $31,086.11 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19. M95-285 Motion authorizing the City Manager or his designee to submit an application to and execute all contract documents with the Coastal Bend Council of Governments (CBCOG) for the period of October 1, 1995 to September 30, 1996 for the continuation of the Elderly Nutrition Program as funded by the Older Americans Act. The planned budget includes $527,610 in Older Americans Act funds; $137,145 in USDA funds; $443,199 in City funds; and $36,118 in donations from program participants for a contract total of $1,144,072. All funds are included in the City's FY 1995-96 budget. 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 September 26, 1995 Page 16 20. M95-286 Motion approving the application by the Water Street Market closing the following street sections for the Second Annual "Antiques by the Bay" event on October 21-22, 1995: a. 300-400 blocks of North Chaparral ( William Street - Schatzel Street) b. 300-400 blocks of Lawrence Street (Water Street - Mesquite Street) The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 24. ORDINANCE NO. 022367 Closing and abandoning a blanket pipeline easement on Lot 6 and a portion of Lot 5, Block 1, Lake View Acres Subdivision; subject to 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, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, renovations and improvements to Old Fire Station #1. Council Member Martin said he understood that the original plans called for this work to be completed at the Staples and Doddridge station; however, that station is being torn down and a new one built there. He asked if staff considered complying with the bond issue's intent and including this activity as part of the new station at Staples and Doddridge. Fire Chief J.J. Adame said staff had not considered building a classroom at that location. Deputy City Manager Hennings added that one of the reasons that plan was not implemented was because the Staples-Doddridge station was no longer suitable for the fire training tower. Mr. Martin expressed concern that the building located at Tancahua and Kinney that is being proposed for the fire training facility is too old and will need continuous maintenance. He added that it may be time to consider building a major training facility for both police and fire activities. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: Minutes Regular Council Meeting September 26, 1995 Page 17 15.a. M95-278 Motion to approve the use of Bond Program Funds to renovate and improve the former Fire Station No. 1 at Tancahua and Kinney. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best and Martin voting "No." 15.b. M95-279 Motion awarding a contract in the amount of $42,500 to Martin & Schmidt Construction Company for renovation and improvements to the Fire Training Facility located at Tancahua and Kinney. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best and Martin voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 16, water treatment plant rehabilitation project. Council Member Martin asked if the Council had previously approved a waiver of the 75% rule regarding local participation on this project. Mr. Hennings replied that the Council approved that waiver on June 27, 1995. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 16. M95-280 Motion awarding a contract for engineering services for the O.N. Stevens Water Treatment Plant - Sedimentation Basins #1 and #2 Rehabilitation Project to Camp Dresser & McKee, Inc. in the amount of $380,500. 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, art service agreements. Minutes Regular Council Meeting September 26, 1995 Page 18 Responding to Council Member John Longoria, Mr. Malcolm Matthews, Director of Park and Recreation, said previous contracts had had an indefinite time frame with the same clause, however it was felt that a time limit should be included. In addition, he said that the contracts are dependent upon approval by the Council during the annual budget process. Mr. Longoria also asked if the arts agencies were subjected to a peer review process. Mr. Matthews replied that the agencies submit their receipts and invoices on a quarterly basis for reimbursement. Mr. Longoria noted that he had raised this issue during the budget process in June and July, adding that he would prefer that these groups follow the same process that other arts agencies follow. He said there is the possibility of a lack of accountability regarding funding of these agencies. Mr. Matthews said these particular agencies generally do not participate in the arts subgrant programs. Responding to another concern expressed by Mr. Longoria, Mr. Matthews said staff could require that these agencies provide information about their plans for the year. 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.a. M95-281 Motion authorizing a contract in the amount of $15,000 with the Corpus Christi Art Center for operational and program assistance as approved in the FY 95-96 Budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17.b. M95-282 Motion authorizing a contract in the amount of $15,000 with the Asian Cultures Museum for operational and program assistance as approved in the FY 95-96 Budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17.c. M95-283 Motion authorizing a contract in the amount of $15,000 with the Center for Hispanic Arts for operational and program assistance as approved in the FY 95-96 Budget. 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 September 26, 1995 Page 19 Mayor Rhodes opened discussion on Item 18, effluent diversion demonstration project. Responding to Council Member McNichols, Mr. R.H. Schackelford, Director of Engineering Services, said staff had shared his concern about the cost of the easement dedications. He said that following the negotiations with Mr. O.S. Wyatt Jr., it was determined that Mr. Wyatt would dedicate the easements and allow the city to have access to a seven -mile road leading into the site. He said what was requested in return was the construction of a water line to provide fresh water to Mr. Wyatt's cattle. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 18. M95-284 Motion authorizing the City Manager or his designee to accept easement dedications by Mr. O.S. Wyatt, Jr. for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement, all in connection with the Allison Wastewater Treatment Plant/Nueces Bay Estuary Effluent Diversion Demonstration Project in return for the construction of a 2'/2" water pipeline valued at $48,500 for livestock watering purposes. 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 21, phase I of the contract for the Corpus Christi International Airport terminal building. Council Member Martin said he thought that as a matter of policy, significant items such as this should be placed on the Council's regular agenda rather than on the consent agenda. Responding to Council Member Betty Jean Longoria, Mr. Hennings said that Mr. Bert Beecroft (whose company was awarded the construction contract) had previously resigned his position on the Airport Advisory Board. Council Member John Longoria echoed Mr. Martin's comments concerning placing items such as this on the regular agenda; Mr. Hennings said staff would do so in the future. Council Member Cooper suggested that a schematic drawing be placed in the airport terminal Minutes Regular Council Meeting September 26, 1995 Page 20 to inform citizens of the plans for the terminal's reconstruction. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 21.a. ORDINANCE NO. 022364 Ordinance appropriating $300,000 from the Passenger Facility Charge ("PFC") Fund Unreserved Fund Balance for the Hayden Head Terminal Reconstruction Project, Phase lA Contract; amending Ordinance No. 022279, which adopted the FY 1995-96 Budget, by adding $300,000 to the PFC Fund No. 246. 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." 21.b. ORDINANCE NO 022365 Ordinance appropriating $826,980 for the Hayden Head Terminal Reconstruction Project, Phase lA Contract from the following sources; $751,980 from FAA Grant No. AIP-3-48- 0051-22-95, and $75,000 from Airport Capital Improvement Fund Reserves; and adding $826,980 to Fund No. 245. 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." 21.c. M95-287 Motion awarding a construction contract in the amount of $2,541,656 to B.E. Beecroft, Inc. for reconstruction of the CCIA Hayden Head Terminal, Phase IA. 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 22, concession contracts for the Bayfront Plaza Convention Center and Memorial Coliseum. Council Member John Longoria requested an analysis of the city's different concession contracts. Mr. Hennings replied that the concession contracts for Minutes Regular Council Meeting September 26, 1995 Page 21 the convention center and coliseum were combined; however, it would be difficult to include some of the smaller concession contracts with the larger ones. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 22.a. ORDINANCE NO. 022366 Ordinance authorizing the City Manager to execute an extension to the existing lease agreement with Noble Food Service, Inc. to provide concessions services at the Bayfront Plaza Convention Center and Memorial Coliseum, authorized by Ordinance No. 020902, passed on April 3, 1990, for the period October 2, 1995, to 3:00 a.m. January 1, 1996; at the Bayfront Plaza Convention Center, Noble Food Service shall pay the City 25% of gross receipts on all mixed drink and wine sales and 30% on all beer and all nonalcoholic beverage and food sales; at Memorial Coliseum, Noble Food Service shall pay the City 40% on all beer sales and 35% on all nonalcoholic beverage and food sales; Noble Food Service shall also pay the City 75% of gross receipts collected from subcontractors for the sale of novelties in the facilities (t -shirts, caps, pictures, souvenirs, etc.). 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." 22.b. FIRST READING ORDINANCE Authorizing the City Manager to execute a lease agreement with Noble Food Service, Inc. to provide concessions services at the Bayfront Plaza Convention Center and Memorial Coliseum for the period beginning at 3:01 a.m. January 1, 1996, to January 1, 2001; at the Bayfront Plaza Convention Center, Noble Food Service shall pay the City 27.5 percent of gross receipts on all mixed drink and wine sales and 38 percent on all beer and all nonalcoholic beverage and food sales; at Memorial Coliseum, Noble Food Service shall pay the City 45 percent of gross receipts on all beer sales and 40 percent on all nonalcoholic beverage and food sales; Noble Food Service shall also pay the City 80 percent of gross receipts collected from subcontractors for the sale of novelties in the facilities (t -shirts, caps, pictures, souvenirs, etc.) and 5 percent of gross receipts when Noble Food Service acts as retailer selling novelty items; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting September 26, 1995 Page 22 Mayor Rhodes opened discussion on Item 23, Texas Municipal Retirement System (TMRS). Responding to Council Member McNichols, Mr. Hennings said that at the time of the budget adoption, staff estimated that the city's 1996 TMRS contribution rate would be 11.33%, while the rate actually is 11.39%, a difference of $28,000. He added that he thought the rate had increased over the last few years, and he would provide more information about it. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 23.a. FIRST READING ORDINANCF Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, Updated Service Credits in said System for service performed by qualifying members of such System who presently are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. 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." 23.b. FIRST READING ORDINANCE. Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, Restricted Prior Service Credit to employees who are members of the System for service previously performed for certain specific public entities for which the employees have not otherwise received credited service; establishing an effective date for such actions; and providing for severance. 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 called for the City Manager's report. Deputy City Manager Hennings pointed out that there would be no Council meeting next week, and a major item scheduled for the October 10, 1995 Council meeting was the street capital improvement program. In her report, the Mayor announced that the Local Emergency Planning Committee would Minutes Regular Council Meeting September 26, 1995 Page 23 have a program airing on TCI Cable Channel 20 beginning September 27, 1995 at 6:30 p.m. * * * * * * * * * * * * * Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section 551.071, regarding McCormick et al v. Reyes and City of Corpus Christi, No. 93-282-G, 94th District Court, Nueces County, Texas. She also announced that Cavazos v. City of Corpus Christi, No. 94-4609-11, 347th District Court, Nueces County, Texas, was being withdrawn from discussion. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes called for Council concerns and reports. Council Member Martin asked about the status of the Ethel Eyerly parking lot. Mr. Shackelford said some recent rain had delayed the project somewhat. Mr. Martin also asked about certain negotiations that the Environmental Protection Agency has made with cities regarding maintaining their ozone attainment status. Replying to another question from Mr. Martin, Mr. Hennings said the reports did not indicate that the region's watershed had received any significant rainfall. Council Member John Longoria questioned the quality of the City Council's official photograph, and Assistant City Secretary Koenning said she was looking into the situation. He also asked about the city-wide bicycle path, and Mr. Utter said staff would provide a report. Council Member Cooper announced that she would be holding a town hall meeting on September 27, 1995 at 6 p.m. at Elliott Grant Middle School. Mayor Rhodes called for petitions from the audience. Mr. Pat Bums, President of Hospitality Food Services in Houston, referred to Item 22 on the day's agenda regarding the concession contract for the convention center and coliseum. He described how his company had bid on that contract, and he asked the Council to review the bids before final approval. Mr. Hennings stated that five proposals has been submitted, and the screening process ranked two of them as being the best: Hospitality Food Services and Noble Food Service. Consequently, the Evaluation Committee decided to recommend Noble Food Service based on their previous track Minutes Regular Council Meeting September 26, 1995 Page 24 record and the fact that they are a local company that has been performing satisfactorily. Mr. Longoria said he had reviewed the bids on the concession contract and had questions about it. Mr. Hennings replied that an evaluation process such as this will never be precisely correct; there will always be some subjective elements involved. However, when two of the five bidders are obviously the top ranked, then it is clear that the process was successful in separating out the two best bidders. From that point, the decision becomes which of the two remaining bidders would best serve the city, and a variety of different factors can be considered. Mr. Hennings emphasized that in this case, one factor was that Noble Food Service did have a satisfactory track record in the convention center facility. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:10 p.m. on September 26, 1995. * * * * * * * * * * * * *