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HomeMy WebLinkAboutMinutes City Council - 11/28/1995I 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 November 28, 1995, which were approved by the City Council on December 12, 1995. WITNESSETH MY HAND AND SEAL, this 12th day of December, 1995 Armando Chapa City Secretary SEAL MJUUFILMEU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 28, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem John Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria Edward Martin Dr. David McNichols City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Darryl Smith, Cornerstone Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Best. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of November 21, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Helen Rose of Driscoll, Texas, addressed the Council, raising concern about the cost of the regional landfill and water rates. She urged the Council members to keep in mind that many of the residents in the neighboring communities have very little income. *********** Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting November 28, 1995 Page 2 Drainage Utility Advisory Committee Willard H. Hammonds II Jim Barnette Steve Smith Joan Morgan Jesse Barrera Kathy Deurmyer Rex Kinnison Fernando Morales Brooke McGloin -Sween * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 1, Garwood water rights purchase option. City Manager Garza said staff will continue to monitor the city's future water supply sources very closely. He then introduced Mr. James Dodson, Regional Water Director, who said that according to the Trans -Texas Water Program, by the year 2050 the Corpus Christi service area will experience a shortfall of about 100,000 acre-feet per year in water supply. He said the Trans -Texas Water Program proposed an integrated water supply plan consisting of the modification of the freshwater inflow operating plan; accelerated water conservation programs; Lake Texana pipeline; and water rights from the Garwood Irrigation Company. He said the last two elements (Lake Texana and Garwood) would provide the majority of the future water supply for this region, totaling over 63,000 acre-feet per year of very dependable and affordable water supply. Mr. Dodson addressed the issue of when it is prudent to purchase the Garwood water rights. He said the transfer of the Garwood water from the Colorado River depends on the use of Lake Texana. The plan would involve building a pipeline from the Colorado River for approximately 16 miles to a tributary of the Navidad River which flows into Lake Texana, which would be used as a storage facility. The water would then be pumped from Lake Texana via the pipeline to Corpus Christi. He said the decision to purchase the Garwood water rights involves an assessment of the status of the Lake Texana contract with the Lavaca-Navidad River Authority (LNRA). Two issues which need to be addressed are the current litigation on the LNRA contract and the acquisition of the permit to transfer the Lake Texana water to Corpus Christi. The situation at this point is that a group of local citizens have filed an appeal with the Texas Supreme Court, asking them to rule on the appellate court's verdict upholding the LNRA contract with Corpus Christi. City staff has filed a response brief and is waiting to see if the Supreme Court will hear that case. Although staff feels that the city's position will be upheld, there is still some measure of uncertainty. The second issue regards the permit application to transfer water to the Corpus Christi area. In order to use the water that Corpus Christi has under contract, LNRA would have to amend its water right permit to include the 10 -county area currently serviced by the Lake Corpus Christi - Choke Canyon Reservoir System. That application was filed with the Texas Natural Resource Minutes Regular Council Meeting November 28, 1995 Page 3 Conservation Commission (TNRCC) on October 16, 1995, and that process may take six months to a year to be completed. Mr. Dodson said that given those two issues, staff feels it is prudent to delay a decision on exercising the Garwood option until a later date. He noted that the Garwood option has three remaining deadlines: December 31, 1995; June 30, 1996; or December 31, 1996. Responding to Council Member Martin, Mr. Dodson said the criteria staff would use to recommend proceeding with the Garwood water rights option are if the Texas Supreme Court refuses to hear the LNRA appeal, and if the water transfer permit is granted. Mr. Martin said he thought the Council should make the decision to exercise the Garwood option, and then postpone implementing that decision until those criteria are met. Mr. Garza added that it is possible the Council will have to make a decision about the Garwood option before the final deadline in December 1996 without having a final permit approved. He said at this time, staff would be inclined to recommend outright purchase of the water rights because they are an appreciating asset that other municipalities would be very interested in purchasing. Mr. Martin then asked how the water rights would be paid for, and Mr. Garza replied that he has asked staff to reassess the priorities in the utilities capital improvement program (CIP). Mr. Carl Crull, Group Manager for Public Works and Utilities, said the Garwood purchase is scheduled for the FY 96-97 CIP. Mr. Martin also commented that he was unaware, until a presentation a few weeks ago, that the Garwood water would not be used until about the year 2029. He said more discussion on that issue was needed for a variety of reasons. Council Member McNichols pointed out that when the Choke Canyon Reservoir was built, it was thought that it would supply the region's water for the next 50 years; however, that has not proven to be the case, and staff is investigating additional future water supplies. He said the question facing the Council was not whether the region needs the Lake Texana and Garwood water supplies, but rather when those options should be exercised. He said the Council should support the staffs recommendation to delay exercising the Garwood option at this time. In reply to Council Member Heldenfels, Mr. Dodson said the Garwood option involves a one-time purchase of 35,000 acre-feet of water rights per year. He added that if the water rights were purchased, the city would pump the Garwood water as demand required. He said staff had explored the possibility of using some of the Garwood Irrigation Company's conveyance facilities, but that suggestion was not feasible; consequently, a new diversion point was designed which is included in the overall cost estimates. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he disagreed that the Garwood and LNRA water Minutes Regular Council Meeting November 28, 1995 Page 4 options were the least expensive options. He questioned the estimated cost of storing the Garwood water in Lake Texana. He also noted that in May 1994, five Council members approved a resolution supporting an election on the water issue, and many citizens are waiting for it to be held. Mayor Rhodes said the city needs to keep its options open regarding the Garwood issue. City Secretary Chapa polled the Council for their votes as follows: 1. M95-340 Motion approving the recommendation that the option to exercise the right to purchase up to 35,000 acre feet of water rights from Garwood Irrigation Company which expires December 31, 1996 not be exercised at this time, and that further consideration be given to exercising the option in June, 1996. The price will increase from $430 to $440 per acre foot on January 1, 1996. Monthly option contract payments will continue at $25,000 and will apply to the purchase price at the time a successful purchase is completed. 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 2, selection of attorneys for the new landfill permitting process. City Attorney Bray said that in September 1995, the Council approved an option on a new landfill site (2,200 acres), which should serve the needs of the area for many years. The next step is to receive permit approval from the Texas Natural Resource Conservation Commission, which involves a highly specialized area of law. He said 10 requests for proposals to different law firms were sent out, and nine were returned and evaluated by a staff committee. Following an interview process, staff is recommending the law firm of Lloyd, Gosselink, Fowler, Blevins & Matthews, which Mr. Bray described. He noted that that firm has successfully handled many landfill permitting cases. Mr. Bray added that if approved, the Lloyd, Gosselink firm would provide advice on the hiring of an engineering firm for the landfill. Mayor Rhodes called for comments from the audience, and there were none. Council Member Martin asked how costs would be controlled in the permitting process. Mr. Bray replied that staff will be monitoring the case, but the cost of the proceedings is largely due to the amount of opposition that is generated. The proposal contains specific hourly rates for the attorneys involved, which staff would monitor. He said staff would also investigate an alternative Minutes Regular Council Meeting November 28, 1995 Page 5 fee arrangement that may produce less cost to the city. He said in general, one way to cut costs is to work with all of the parties which may have concerns about the landfill to try to reach reasonable accommodations. Mr. Martin asked if the alternative fee arrangement had been determined, and Mr. Bray said staff had not had time to formulate that yet. He added that possible alternatives may include a lowered hourly rate and some sort of bonus if a case is successfully resolved earlier. Responding to Mr. Martin, City Manager Garza pointed out that this contract would be one of the largest single consulting services contracts the Council has ever let (potentially $1 million) Mr. Martin expressed concern about the "open-ended" nature of this contract and the issue of the selection of the engineering firm. A brief discussion ensued. Council Member McNichols echoed Mr. Martin's concerns about financial aspects of the contract. Mr. Garza replied that he fully intends to craft a contract that puts a lid on the overall expenses, while keeping in mind that the amount of opposition to the permit is a factor in the cost. Council Member Heldenfels also questioned the contract, and asked if the Council would be able to approve aspects of it as the permitting proceeded. Mr. Garza replied that it is the staff's intention to keep the Council as informed as possible, and he is committed to entering into a contract that has safeguards to the city to keep the costs down. Responding to another question from Mr. Heldenfels, Mr. Bray said the costs for permitting a landfill can range from $50,000 for a lightly contested case; $150,000 to $300,000 for a medium -contested case; and $600,000 to $800,000 for a strongly contested case. In reply to Council Member John Longoria, Mr. Garza said the engineering proposals are currently being evaluated. He added that the large non -local engineering firms "teamed up" with local firms in submitting their engineering proposals. Mr. Longoria emphasized the importance of the Council being involved in the selection of the engineering firm. Mr. Garza said the interview process would begin December 6, 1995 and the firm that is eventually recommended by staff would be notified ahead of time as will the Council members. Mr. Bray then introduced Mr. Paul Gosselink and Mr. Kerry Russell of the firm of Lloyd, Gosselink, Fowler, Blevins & Matthews. Council Member Betty John Longoria also commented on the Council's need for information during the selection of the engineering firm. City Secretary Chapa polled the Council for their votes as follows: 2. M95-341 Motion authorizing the City Manager to employ the law firm of Lloyd, Gosselink, Fowler, Minutes Regular Council Meeting November 28, 1995 Page 6 Blevins and Matthews, P.C., to represent the City in securing a permit for the new Landfill from the Texas Natural Resource Conservation Commission at not to exceed the rates reflected in their response to the City's Request For Proposal. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." ************* Mayor Rhodes opened discussion on Item 3, street banner program. City Manager Garza described a proposed amendment to the use privilege agreement. Mayor Rhodes then made a motion to amend the agreement to extend the authorized area to include all east - west cross streets between Water Street and Shoreline Boulevard between IH -37 and Kinney. Council Member Martin seconded the motion, and it passed unanimously. Mayor Rhodes called for comments from the audience, and there were none. Responding to Council Member Best, Mr. R.H. Shackelford, Director of Engineering Services, said the proposed consideration of $100 was just a customary fee. Council Member McNichols asked if there was some certainty that the banners would be maintained properly, and Mr. Shackelford assured him they would. In response to a question from Council Member Heldenfels regarding one of the banner's designs, Ms. Norma Urban, President of the Corpus Christi Downtown Management District (DMD), described the banner program in detail. Replying to Council Member Betty Jean Longoria, Ms. Urban said the cost of the flags and hardware is paid by the DMD. She added that the city's Park and Recreation Department and Valero Refining are also involved in the banner program. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022420 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with the Corpus Christi Downtown Management District to maintain banners within the Downtown Management District bordered by Water Street, Kinney Street, Mesquite Street, Lower Broadway Street, II137 and Shoreline Boulevard for $100 consideration. An emergency was declared and the foregoing ordinance passed, as amended, by the Minutes Regular Council Meeting November 28, 1995 Page 7 following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Enterprise Zone projects. Mr. Tom Utter, Group Manager of Development Services, said the city's Enterprise Zone is one of about 150 in the state, comprising over $2.4 billion in total estimated capital investment in Corpus Christi. He said Qualitech Steel Corporation is proposing to construct an iron carbide processing facility off of Up River Road on the ship channel. The other Enterprise Zone project involves the expansion of the Trinity Towers building, which was purchased by American Retirement Corporation. Mr. Utter added that the Texas Department of Commerce, which is responsible for approving the projects, has expressed particular interest in the Trinity Towers project because it would be one of the first residential Enterprise Zone projects. Mr. Jim Money, Vice President of American Retirement Corporation, described the Trinity Towers project design in detail. Responding to Council Member McNichols, Mr. Utter discussed criteria for Enterprise Zone projects, pointing out that 25% of the employees of each project have to be eligible through the Job Training Partnership Act or they have to live within the zone itself. He also described the geographic location of the Enterprise Zone. Dr. McNichols added that Enterprise Zone projects do not involve local tax abatements. Council Member Martin asked if any project located in the downtown area would be eligible for Enterprise Zone designation, and Mr. Utter replied that theoretically, it would be, as long as the projects cost at least $250,000. Mr. Martin then asked Mr. Money if his corporation would be willing to proceed with the Trinity Towers project even if they were not designated as an Enterprise Zone project. Mr. Money replied that they are hopeful they will receive that designation, but he could not say what action they would take if they were not successful. Responding to Council Member Black, Mr. Utter said the Enterprise Zone is designated as such for seven years, which expires in 1996; at that time, staff will ask the Council for approval to reapply as an Enterprise Zone. In addition, there is a 20 -square -mile maximum geographic location. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, said he supported the two proposed Enterprise Zone projects, adding that they will benefit the workforce in Corpus Christi. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 28, 1995 Page 8 4.a. RESOLUTION NO. 022418 Resolution nominating and designating Qualitech Steel Corporation as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 4.b. RESOLUTION NO. 022419 Resolution nominating and designating Trinity Towers Limited Partnership as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution 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 5, Violet Road improvements. Mayor Rhodes called for comments from the audience, and there were none. Responding to Council Member Martin, City Manager Garza said this project would be paid through the Utility Relocation account. Mr. Martin requested more detailed information regarding the financing of this project. In reply to Council Member McNichols, Mr. Garza said that staff had been working with the state on minimizing the number of utilities that require relocation, although he added that it is always difficult to estimate that. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 022421 Resolution authorizing the City Manager to execute an advanced funding agreement with the Texas Department of Transportation in the amount of $1,128,292.62 as the estimated cost of water and wastewater facility adjustments, removals or relocations associated with the construction of roadway improvements on Violet Road (FM 24), from Leopard Street to Starlite Lane. Minutes Regular Council Meeting November 28, 1995 Page 9 The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No 1195-1 Max ouveme• A change of zoning from "A-1" Apaitnient House District with a Special Permit to "AB" Professional Office District on Bay View Park Tract, bound by Buford Street, South Shoreline Boulevard and Ocean Drive. 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 Betty Jean Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022422 Amending the Zoning Ordinance upon application by Max G. Gouverne, by changing the Zoning Map in reference to Bay View Park Tract from "A-1" Apartment House District with a Special Permit to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and McNichols voting "Aye"; J. Longoria and Martin absent. * ********* * ** Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 1195-2. Southwestern Bell Telephone: A change of zoning from "R -1B" One - family Dwelling District to "A-2" Apartment House District on Glen Arbor Subdivision Unit 3, Block 1, remaining 13.59 acres out of Lot 1, located approximately 515 feet east of South Staples Street and approximately 190 feet south of Curtis Clark Drive. Mayor Rhodes said the Planning Commission and staff recommended denial of the "A-2" Minutes Regular Council Meeting November 28, 1995 Page 10 District, and in lieu thereof, approval of an "R-2" Multiple Dwelling District. Mr. Brandol Harvey, Director of Planning and Development, showed a video of the subject property. He explained that the current zoning is "R -1B" One -Family Dwelling District, which allows approximately seven units per acre. However, the subject property does not have sufficient access to public streets, which does not allow for its development as a single-family subdivision. The property to the north is zoned "R-2," which is a medium -density, multi -family zoning; that would allow approximately 14 units per acre. He added that the applicant's original request was for "A-2" zoning, which is the highest multi -family classification and which allows 36 units per acre. Mr. Harvey said that two key issues arose during the Planning Commission public hearing: the density (and resulting traffic problems) and the drainage problems. He used a chart to illustrate the number of dwelling units per acre and vehicle trips per day (VTD) that would be allowed in the three zoning districts under consideration: "R -1B" -approximately 100 units and 1,000 VTD ; "A -2" - about 500 units and 3,500 VTD; "R -2" -about 200 units and 1,300 VTD. He said staff believes that Curtis Clark Drive would be able to accommodate the traffic generated by "R-2" zoning. Mr. Harvey went on to say that whether the subject property develops as single-family or multi -family, the drainage problem would be addressed: the development would create an on-site drainage system which would carry the water to the off-site system. Currently, the lack of development on the property has resulted in much puddling of water. Responding to Council Member Cooper, Mr. Harvey explained that "R-2" zoning would allow single-family residences, duplexes and town homes up to about 14 units per acre. Before calling for comments from the audience, Mayor Rhodes pointed out that the Council was not considering the "A-2" zoning that was requested, but only the "R-2" compromise zoning. A citizen objected to the density of traffic that would result following the development of the property under "R-2". He also asked about access to the subject property. Mr. Harvey used a map to describe how the applicant, Southwestern Bell Telephone, also owns a 0.62 -acre tract of land which abuts the subject property and which would provide access to Curtis Clark Drive. The citizen went on to object to the increase in density of population and the drainage problems. Mrs. Cooper asked if the applicant could be made responsible to improve the drainage of the subject property as part of the zoning approval. City Attorney Bray stated that could be considered contractual zoning, which is not allowed; however, in order for the property to develop properly, adequate drainage would have to be installed. Mrs. Cooper said she would not approve the zoning request unless there was some assurance that the drainage situation would not worsen. Group Manager Crull gave a brief history of the subject property, explaining that it originally Minutes Regular Council Meeting November 28, 1995 Page 11 consisted of one large tract from Staples to Lesle Lane with a 48 -inch line from the northeast corner of the property to Williams Drive, as well as a system of ditches which have become less effective. Mr. Crull reiterated that the drainage should improve once the property develops. Responding to Council Member John Longoria, Mr. Harvey said that during the Planning Commission meeting, the question was raised about the city's capacity to handle the drainage if the property were rezoned from single-family to multi -family residences. He said the city would be able to accommodate the drainage once it is properly taken off-site. In reply to Council Member McNichols, Mr. Crull said that when single-family subdivisions are developed, the developer provides a grading plan. On large tracts such as the subject property, the grading plan is addressed as part of the site development work associated with the building permit. Dr. McNichols said that in his own experience, such plans do not always have successful results. Mr. James Dildy, 5702 Bonner, said the property adjacent to the subject property that is now occupied by a credit union drains into his backyard. He also discussed the excessive traffic on Staples, which is particularly difficult for emergency vehicles. Mrs. Louise Vogtner, 5625 Bonner, said she has lived there for 28 years and the traffic there has grown increasingly worse. She commented on the flooding of her house, low water pressure and crime in the area. She also expressed concern about evacuation and emergency vehicles if those were ever necessary. Mrs. Minerva Garcia said she has lived in that neighborhood for 25 years, and she objected to the zoning request because of the increase in population density in an area that is already saturated. Mr. Javier Garcia, 5722 Bonner, asked if the zoning request would allow for multi-level structures. Mr. Harvey replied that under "R-2" zoning, the maximum height is 45 feet (three stories). Mr. Garcia expressed concern about increased traffic and lack of privacy. Responding to Mayor Rhodes, Mr. Utter pointed out that the 20% rule did apply to this case. Mr. Raiil Castillo, 2202 Meadow Walk, said he works for Naismith Engineering and was representing Southwestern Bell Telephone. He introduced other Southwestern Bell representatives, Mr. Gary Bowler with SBC Asset Management (the realtors), and Ms. Linda Adame, the real estate manager for Southwestern Bell. Mr. Castillo also gave a brief history of the subject property. He said it originally was a rectangular tract of land, and when it was platted about 30 years ago, a small rectangular piece at the southeast corner of the property was dedicated for a city park. In 1984, there was a divestiture between Southwestern Bell and AT&T, and AT&T kept the existing building and Minutes Regular Council Meeting November 28, 1995 Page 12 Southwestern Bell retained ownership of the subject property. In order to make the subject property accessible, Southwestern Bell bought the small tract of land on Curtis Clark Drive. Mr. Castillo said that one reason the subject property does not drain as well as it should is because of the development of the city park. He said Southwestern Bell is not in the business of developing properties, but it is hoping to make the subject property attractive for purchase by potential developers. As far as additional traffic, he said that 300 more vehicles per day should not adversely affect Bonner Street or Lesle Lane. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Council Member Heldenfels asked about plans to address the drainage problems. Mr. Crull replied that the drainage from the subject property is intended to flow north toward Williams Drive, while Glen Arbor subdivision's drainage system runs to the south toward the Mary Carroll ditch. He said staff is aware of drainage problems within the Glen Arbor subdivision, and had recommended that it be included in the capital improvement program since 1986; unfortunately, it was not selected for funding, but staff will continue to recommend it. He went on to discuss other aspects of the property's drainage. Mrs. Cooper reiterated her concern about inadequate drainage if the subject property were rezoned and subsequently developed. Mr. Utter replied that staff believes that development will solve some of the drainage problems there. He said prior to a building permit being issued, the developer would have to provide a drainage plan that would be reviewed by the Engineering Department. Council Member Martin discussed the location of the 0.62 -acre tract of land on Curtis Clark Drive, which has about a 150 -foot width and is zoned `B-4." Mr. Martin commented that part of Southwestern Bell's problem with the subject property arose during its divestiture from AT&T, and the original tract was illegally divided. Mr. Harvey said there is a requirement that Southwestern Bell replat the 0.62 -acre tract with the subject property, whether it stays single-family or multi- family, as a function of the prior approved plat, but that requirement has not yet been fulfilled. Mr. Martin pointed out that in a worst case scenario, a developer could develop the subject property under "R-2" zoning and legally place a large sign on the adjacent 0.62 -acre tract that is zoned `B-4." For that reason, he said the applicant should be required to first replat the small tract and then rezone it. Mr. Martin also noted that if the subject property were rezoned to "R -1C" the traffic count would be higher than with the zoning that is being recommended ("R-2"). Responding to Mr. Martin, Mr. Harvey said the property could be developed as "R-2" with only one access route (as long as the property is not subdivided), but it could not be developed as Minutes Regular Council Meeting November 28, 1995 Page 13 "R -1B" with only one access route. Mr. Martin added that the Southwestern Bell representative implied that the drainage could be improved by removing a berm located at the back of the city park. In reply to Council Member Black, Mr. Harvey said staff was not aware of anyone interested in buying the subject property at that time. Mr. Castillo of Naismith Engineering confirmed that Southwestern Bell did not have interested buyers yet, but they wanted to rezone the property to make it more attractive for potential purchase. In answer to questions from Council Member Best, Mr. Utter said that with the current configuration of the property, the only access would be via the "B-4" property on Curtis Clark Drive. He said the applicant could buy another piece of property at some other location and build a street to Curtis Clark for a second access point. Mr. Utter also briefly discussed the possibility of a cul-de- sac. Dr. Best said the only way the property could be developed was with the "R-2" zoning. Mr. Utter added that when property is divided --as it was in this case --it is incumbent upon the owner to make the necessary adjustments to provide developmental potential. Mayor Rhodes said she felt the "R-2" was not injurious, but she expressed concem about the "B-4" zoning on the small adjacent tract. Mr. Harvey said if the Council wished to rezone the small tract, the Council could initiate the rezoning process to change it from "B-4" to "R-2." The Mayor asked if the applicant would be in favor of that proposal, and a Southwestern Bell representative replied that they could not make that determination at that time. City Secretary Chapa polled the Council for their votes as follows: 7. FAILED Amending the Zoning Ordinance upon application by Southwestern Bell Telephone, by changing the Zoning Map in reference to Glen Arbor Subdivision Unit 3, Block 1, remaining 13.59 acres out of Lot 1, from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District; providing for publication. The foregoing ordinance failed to pass by the following vote: Rhodes, Best, B. Longoria, J. Longoria voting "Aye"; Black, Cooper, Heldenfels, Martin, and McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting for the meetings of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The Mayor then reconvened the regular Council meeting, and said that since Council Member Betty Jean Longoria was going out of town, she could make her Council comments at that Minutes Regular Council Meeting November 28, 1995 Page 14 time. Mrs. Longoria requested more information about a recent court ruling regarding the buy-out program located in her district. * * * * * * * * * * * ** Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 14, and Council Members requested that Items 10, 11, and 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 9. M95-342 Motion approving supply agreements for food service items including 239 cases of utensils, 431 cases of foil trays, 21 cases of cups with lids, etc. in accordance with Bid Invitation No. BI -0289-95 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $22,137.59. 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. Funds are budgeted in FY 95-96 by Senior Community Services. Sysco Foods Corpus Christi Texas $2,773.41 Century Papers Corpus Christi, Texas $3,583.90 Grand Total - $22,137.59 Gulf Coast Paper Corpus Christi, Texas $15,780.28 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 13. M95-345 Motion adopting the timetable for the FY 1996 Annual Action Plan that is the application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships, Emergency Shelter Grants Programs. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 14. ORDINANCE NO. 022423 Amending the Code of Ordinances, Chapter 13, Buildings; Construction and Related Minutes Regular Council Meeting November 28, 1995 Page 15 Operations; Housing and Housing Premises Standards, Article II, Building and Housing Standards Code, Section 13-23, Establishing of Organization to enforce Article; Building Standards Board Subsection (a)(1)(i) to change the composition of the Building Standards Board; providing for severance; and providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Mr. Chapa then announced that Council Member John Longoria had filed a disclosure affidavit with the City Secretary's Office on Item 10, in which he will abstain from discussing or voting on that issue. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, improvements to the Boys and Girls Club. Responding to Council Member McNichols, Mr. Shackelford confirmed that only one bid had been received for that project. Dr. McNichols requested additional information about other such Community Development Block Grant projects, saying that it may be to the city's advantage to stimulate more competition in the construction of those projects. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M95-343 Motion awarding a contract in the amount of $33,850 to Malek, Inc. for mechanical/lighting improvements to the Boy's and Girl's Club of Corpus Christi. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; J. Longoria abstaining; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 11, renaming of Palmetto Park. Council Member McNichols said he objected to the renaming of Palmetto Park because it would create confusion since it has been known by that name for many years. Mr. Michael Flores, Chairman of the Sister City Committee, said that the reason for the renaming was to give the Sister Minutes Regular Council Meeting November 28, 1995 Page 16 City program more exposure and to honor the city's Sister City relationships. Mr. Flores pointed out that the committee purposefully did not attempt to rename a park bearing the name of a family or individual. He added that many of Corpus Christi's sister cities in other countries have parks similar to Palmetto Park dedicated to their sister cities around the world. Dr. McNichols also asked about planned improvements to Palmetto Park. Mr. Malcolm Matthews, Director of Park and Recreation, said the improvements that have been discussed include the addition of small signage at the park, as well as possible seating areas and some landscaping. Council Member Cooper said she supported the proposal, adding that the Sister City Committee has done an outstanding job in developing relationships with other cities. Responding to Council Member Best, Mr. Matthews said the parks at the L -Head and T - Heads do not have names. Dr. Best said he thought one of those parks would provide better visibility and exposure to the Sister City program. Mr. Flores pointed out that the committee may also be involved in the Gateway Project. Dr. McNichols commented that members of the windsurfing community may object to the Palmetto Park renaming. Ms. Drue Combs, 410 Colony, said the Sister City Committee followed the proper renaming procedure, including filing notices in the local newspaper and having hearings with the Park Board. She said the proposal is an effort to highlight the Sister City relationships that Corpus Christi has worked hard to begin and maintain. She added that the committee does not intend to block the view of the bay at Palmetto Park. Council Member Martin said he did not object to the proposal, but questioned its consideration on only one reading. He said two -reading ordinances serve as better notice to the citizens about proposed changes in the city. Council Member John Longoria said he agreed with Dr. Best's suggestion about renaming one of the parks at the T -Heads or L -Head. He added that part of the process involves acquiring the Council's approval for a project. Council Member Black said the Sister City Program should be commended, and she did not object to the renaming of Palmetto Park. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11. FAILED Motion approving the renaming of Palmetto Park to the Intemational Sister City Park. Minutes Regular Council Meeting November 28, 1995 Page 17 The foregoing motion failed to pass by the following vote: Rhodes, Black, Cooper, and Martin voting "Aye"; Best, Heldenfels, J. Longoria, and McNichols voting "No"; B. Longoria absent. Dr. Best reiterated that he did not object to naming a park after the Sister City Program, but he did not think it should be Palmetto Park. He reiterated that he thought the parks at the L -Head or T -Heads would be a more visible location for the Sister City Program's plans. Mr. Matthews said staff has been encouraging members of the Sister City Committee to focus their efforts on the Gateway Park project (which would be located at Shoreline Drive where IH -37 ends). Ms. Combs commented that the Sister City Committee members were conscious of the City Council's hesitancy to rename entities in the city, and that was why they chose Palmetto Park because they felt it would be an innocuous change. Dr. McNichols said he would support a proposal to rename one of the parks on the T -Heads. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 12, storm water permit agreements. Council Member John Longoria asked if this project had any connection to the drainage utility, and Group Manager Crull replied that it did not. He said that rather than the five entities all acquiring separate permits, they felt it would be more feasible to act as co -permittees. One of the requirements of the permit is that the entities have interlocal agreements between them, but each co - permittee has its own responsibilities. In addition to the Port, Del Mar and the City of Corpus Christi, the other two entities are Texas A&M University -Corpus Christi and the Texas Department of Transportation, with which the city already has agreements. Mr. Crull emphasized that the agreements do not exempt those entities from the upcoming drainage utility. Responding to another question from Mr. Longoria, Mr. Crull said the school districts are not involved in the co -permitting because they do not have their own drainage systems per se, while Del Mar College does have its own internal drainage systems for both campuses. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. M95-344 Motion authorizing the City Manager to enter into agreements with the Port of Corpus Christi Authority (PCCA) and Corpus Christi Junior College District (Del Mar) identifying Minutes Regular Council Meeting November 28, 1995 Page 18 each party's responsibilities under the National Pollutant Discharge Elimination System (NPDES) storm water permit application required by EPA. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said staff will be working with business people in the downtown area on the parking situation there, and they will report their findings. He said there will not be a Council meeting on December 5, 1995, and items scheduled for December 12 include: first reading of Phase IV of the annexation program, an ordinance concerning concealed weapons in city facilities, a bond sale, and possibly the employee health insurance proposal. In her report, Mayor Rhodes expressed condolences on behalf of her office and the rest of the Council to the family of Mr. Ernest Carter, who died in a boating accident during the Thanksgiving weekend. Mayor Rhodes called for Council concerns and reports. Council Member Martin commented on the downtown parking study, and Mr. Garza explained that some merchants had requested the study. Mr. Martin also suggested that the announcement about a cooperative effort between local financial institutions and demolition/rehabilitation contractors should have been made during the Council meeting rather than the day before, so as to keep the Council and public better informed. In addition, Mr. Martin questioned some amendments to the drainage utility laws. Following a brief discussion, Mr. Martin concluded that additional properties may be included in the drainage utility assessment. Responding to another question from Mr. Martin, City Attorney Bray said that in terms of the state law, contracts that are brought to the Council will contain a provision which states that administrative change orders can be approved up to $25,000; so effectively, the Council will be approving that provision at the point that it approves a particular contract. He added that the Council could apply that provision to contracts that have already been approved by the Council if they wished. Mr. Martin said he felt that rather than approve the provision for each contract, the Council should grant the City Manager that authority. Mr. Garza said he would discuss the matter further with the Council. Council Member McNichols noted that the Administrative Analysis Committee would be meeting next week to discuss a variety of important issues, including the employee health care program. He pointed out that since he is a health care provider, he would not be participating in that Minutes Regular Council Meeting November 28, 1995 Page 19 discussion or action, and he suggested that another Council member take his place during that discussion. Mr. Martin volunteered to do so. Council Member John Longoria discussed a new program that was highlighted in the local newspaper, in which a new computer network will link all of the city's public libraries with the high school libraries. Mr. Longoria noted that funding for the project included $100,000 from the city, $100,000 from Southwestern Bell, more than $100,000 from private donations, and a federal grant of $180,385. He added that Corpus Christi's library was one of only five public libraries across the country that received the federal grant. He commended the library system employees and volunteers for their efforts. 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 5:35 p.m. on November 28, 1995. *************