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HomeMy WebLinkAboutMinutes City Council - 12/19/1995I 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 December 19, 1995, which were approved by the City Council on January 9, 1996. WITNESSETH MY HAND AND SEAL, this 9th day of January, 1996 Armando Chapa City Secretary SEAL WCROf ILMEU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 19, 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 Rev. E.F. Bennett, 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 December 12, 1995, and there being no corrections, she proclaimed them approved as presented. The Mayor then recognized Mrs. Shirley C. Sharp, Engineering Department, who was retiring after 15 years of service with the city. Mayor Rhodes also distributed awards for the Winter Holiday Fantasy Recyclable Art Contest. Mr. R.T. Bruner, Director of Solid Waste Services, explained that the department sponsors the art contest yearly to teach children about the importance of recycling. He commended Ms. Estela Garcia (Solid Waste Services), Mr. John Jiles (Recycling Committee), and Ms. Linda Smith (H.E.B.). ************* Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointment was made: Minutes Regular Council Meeting December 19, 1995 Page 2 Airport Advisory Board Abel Alonzo * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 3 through 9, initiatives at the Bayfront Arts and Sciences Park. Mr. Tom Utter, Group Manager for Development Services, described the projects in detail: Item 3 - utilization of historic homes; Item 4 - lease with the Corpus Christi Ballet in the Sid Richardson Building; Item 5 - amendment to the lease with Instituto de Cultura Hispanica to relocate and restore the Tex-Mex Railroad Depot; Item 6 - Museum of Asian Cultures and Education lease amendment for rehabilitation of their structure; Item 7 - use of warehouses by Harbor Playhouse; and Item 8 - Regional Transportation Authority/street improvements near the Corpus Christi Museum. Mr. Utter then asked Mr. Rick Stryker, Director of the Corpus Christi Museum of Science and History, to describe the proposal under Item 9 involving the La Salle Collection. Mr. Stryker noted that a consortium of organizations have pooled their efforts with projects related to the museum, and he recognized members of those organizations who were present: Museum Advisory Committee, Friends of the Museum board, Museum Auxiliary Board, and the Columbus Fleet Association board. Mr. Stryker explained the historical significance of the recent discovery of the remains of the 1686 La Salle ship, La Belle, in Matagorda Bay, making it the earliest French ship ever found in the Americas. He said the Corpus Christi Museum staff and the Museum Advisory Committee recommended that the City Council ask that the Texas Historical Commission consider naming the Corpus Christi Museum the repository for the shipwreck's artifacts. He said until the recovery project of the ship is complete, it is not known how many artifacts lay at the bottom of Matagorda Bay; neither is it known how quickly a repository for the collection will be named. Mayor Rhodes called for comments from the audience, and there were none. Responding to Council Member McNichols, Mr. Stryker said it was conceivable that the Corpus Christi Museum could house the La Belle collection in the existing facility, but that would depend upon the size of the collection, which is not yet known. He added that it is also possible the collection could be divided among different repositories. In reply to Council Member Martin, Mr. Stryker said the proposed resolution would demonstrate the city's interest in being designated as a permanent repository for the La Belle Minutes Regular Council Meeting December 19, 1995 Page 3 collection, but it does not entail any financial commitments on the city's part. Council Member Cooper said she supported the resolution, adding that the La Belle collection would tie in well with the city's Sister City Program, including Agen, France. Responding to a question from Mrs. Cooper, Mr. Utter said the four structures in Item 3 have been owned by TRT since they purchased the land; however, the houses have continued to deteriorate and the city would like them to be relocated or they will be demolished. City Secretary Chapa polled the Council for their votes as follows: 3. M95-356 Motion authorizing the advertising of the availability of four structures located in the block bounded by Fitzgerald, Chaparral, Palo Alto, and Mesquite to be relocated. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 4. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a twenty year lease with the Corpus Christi Ballet for city owned property consisting of the Sid Richardson House (Lots 5 & 6, Block 69, Beach Addition), for advancement of ballet; in consideration of a $100 per month, rehabilitating the Sid Richardson Building, and maintaining the property; 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." 5. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute the first amendment to the Instituto De Cultura Hispanica lease agreement, to change the location for the building to Lots 1 and 2, and the remainder of Lots 11 and 12, Block 78, Beach Addition; granting parking rights in a city parking lot bounded by North Chaparral, North Mesquite, Hughes and Brewster Streets; extending the effective date of the five year lease; in consideration of relocating the Tex-Mex Railroad Depot and restoring and maintaining the Depot and grounds, providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Minutes Regular Council Meeting December 19, 1995 Page 4 Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 6. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute the second amendment to the Museum of Oriental Cultures lease agreement with the City of Corpus Christi by changing the lessee's name to the Museum of Asian Cultures and Education, by extending the time to begin rehabilitation or construction within six months of the effective date of this Amendment No. 2 and to complete rehabilitation or construction within nine months thereafter and terminating the lease agreement if the rehabilitation or construction is not complete by then, and by adding compliance with ADA requirements. 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." 7. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a ten year lease with Harbor Playhouse, Inc. for city owned property consisting of the entire northwest warehouse of approximately 5,000 square feet (Lots 2, 3, 4, 5, and 6, Block 78, Beach Addition) for warehouse purposes; in consideration of $50 per month; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8. M95-357 Motion directing staff to move forward with RTA/Street improvements on Chaparral and Mesquite at the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 9. RESOLUTION NO. 022439 Resolution requesting that the Texas Historical Commission designate the Corpus Christi Museum of Science and History permanent repository for the artifacts recovered from the wreck of La Salle's ship La Belle. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting December 19, 1995 Page 5 Mayor Rhodes opened discussion on Item 10, group health benefits agreement. City Secretary Chapa noted that both the Mayor and Council Member McNichols had filed conflict of interest affidavits and would refrain from discussing or voting on the matter. Mr. Pat Alba, Director of Risk Management, explained that when submitting the requests for proposals (RFPs) for group health benefits, two options were considered: for the city to retain its self-insured status, or to convert to a fully insured plan. Under the self-insured option, the RFPs called for quotes for four years of administration, four years for the network, and two years for the reinsurance. Under the fully insured option, quotes were requested for two years and a formula that the city could consider for the third and fourth year. Mr. Alba then described in detail the responses that were received for the RFPs under both options. Responding to Council Member Betty Jean Longoria, Mr. Alba stated that under the current health care plan, there are 163 city employees on the health maintenance organization (HMO) plan offered by Humana. However, an HMO option is no longer required, although RFPs for them were requested. Mr. Alba stated that under the fully insured option, four companies submitted proposals: one by Prudential, one by New York Life and two by Humana. He said the difference in the two Humana options was that in one, they would administer the run-off claims (the outstanding claims that are current at any one time --approximately $1.3 million to $1.4 million at this time), and the city would have to pay them. In the other proposal from Humana, the company would both administer and pay the run-off claims. In order to consider the proposals, city staff reviewed health care costs over the last two years, with the average cost being about $10.3 million to $10.4 million each year (approximately $20,700,000 for two years). Mr. Alba used charts to compare the self-insured and fully insured proposals, and it was concluded that the best fully insured option (Humana Insurance Company) cost approximately $1.5 million less than the best self-insured proposal (John Alden Company). He emphasized that the RFPs were designed so that the employees would not experience drastic changes in their health care coverage. He noted that the current and proposed networks do differ slightly in that certain physicians are covered under one plan but not the other, but there are approximately the same number of physicians (about 500) in each network. In addition, the Humana network includes all of the hospitals in the Corpus Christi network, while the current network does not. He said the staffs recommendation was to adopt the fully insured option offered by Humana for two years, with an option to extend the contract to a third and fourth year. Council Member Black expressed concern that several employees would not retain the same physicians under the recommended proposal as they had under the current plan, and she requested more information about that. Mr. Alba said that information is confidential and staff is not aware Minutes Regular Council Meeting December 19, 1995 Page 6 of how many employees are seeing a particular physician on the plan, but he felt that very few employees would have to change physicians since many of the same physicians are members of both networks. He then briefly described changes that have occurred in the city's health care plans in the last five years. Mrs. Longoria commented that, as has happened in the past, when a change occurs in a health care plan, most people are able to find providers with whom they are satisfied. She also commended city staff for their work on this proposal. Council Member Martin said companies which had submitted proposals but were not selected had commented favorably on the city's health care proposal. At Mr. Martin's suggestion, Mr. Alba introduced staff who had helped prepare the proposal: Wanese Butler, Insurance Benefit Analyst; Bobby Aguilar, Administrative Assistant; and Michael Scanlon, Assistant City Attorney. Mr. Martin said that one significant factor in the success of the recommended proposal is the way in which claims are handled; specifically, the denial of claims. Mr. Alba replied that the recommended contract calls for the city to be part of the appeals process. Mr. Martin emphasized the importance of city staff being fully aware of the claims that are denied and the reasons for doing so. Mr. Martin also asked if the contract contained a unilateral, without cause right -to -cancel clause, and Mr. Alba said there was one. In reply to another question from Mr. Martin, Mr. Alba said Humana has offered to reprice the claims that the city currently owes at a certain percentage of discount and pay them that way. To further explain, City Manager Garza quoted the proposed contract dealing with the administration of run-off claims. Mayor Pro Tem John Longoria called for comments from the audience. Mr. Chas Pierce, Marketing Manager for John Alden Company in the South Texas area, discussed his company's proposal, including the run-off claims, out -of -area claims, guarantees, and network providers. Responding to a question from Mr. Martin, Mr. Pierce said the out -of -area claims most often are for college-age dependents of city employees and for retired employees living outside the city. Mr. Martin also discussed the issue of the payment of run-off claims. Referring to comments made by Mr. Pierce, Mr. Alba said the figure of approximately $1.38 million in current run-off claims was determined during a recent audit, which was close to staff's estimate of those claims. Mr. Alba also noted that under the self-insured option, the projected claims are not guaranteed, while under the fully insured option, the premiums paid are a fixed cost, allowing for better budgeting. He added that if the difference between the self-insured and fully insured options had been minimal, he would have recommended continuing the self-insured plan. However, the projected savings are substantial under the proposed fully insured plan. Minutes Regular Council Meeting December 19, 1995 Page 7 Mr. Alba also rebutted information that Mr. Pierce had distributed to the Council. He pointed out that Humana has networks throughout Texas, and Corpus Christi city employees, retirees and dependents would be able to access discounted rates in several cities. He also reiterated that a large portion of the city's health care costs are claims, which are not guaranteed under the self-insured plan, but which are guaranteed in the form of premiums paid in the fully insured plan, guaranteed for two years with formulas for the third and fourth year. In reply to Council Member Heldenfels, Mr. Alba said that Humana's extensive statewide network would be an advantage to city retirees and college-age dependents because they would receive discounted rates through Humana's providers in different cities. He acknowledged that those discounts would vary from city to city, but they would still be discounts, as opposed to no out -of - area discounts at this time. Mr. Pierce questioned Humana's ability to administrate the run-off claims. City Secretary Chapa polled the Council for their votes as follows: 10. M95-358 Motion authorizing the City Manager to execute a two-year agreement with Humana Insurance Company as negotiated by staff to provide Group Health Insurance benefits to the City of Corpus Christi beginning on March 1, 1996 for premium payments totaling approximately $8,505,776 per year; and authorizing the City Manager to extend the agreement for up to two (2) additional one-year terms for premium payments to be determined in accordance with formula specified in the agreement. This agreement is for the following estimated cost per year: Year One $8,505,776 Year Two - $8,505,776 Year Three - Renewable on agreed formula Year Four - Renewable on agreed formula The foregoing motion passed by the following vote: Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Rhodes and McNichols abstaining. ************* Mayor Pro Tem Longoria called for a five-minute recess. ********** * ** Mayor Rhodes opened discussion on Item 11, Cayo del Oso utility relocations. Minutes Regular Council Meeting December 19, 1995 Page 8 City Manager Garza said this item was the result of a major commitment that the City Council made in the city's efforts to convert then -Corpus Christi State University into a four-year university. He added that the establishment of a utilities corridor should minimize the impact on the environment in that area. Mr. R.H. Shackelford, Director of Engineering Services, said the project is divided into two phases: Phase I improves the access from the intersection of Ocean Drive and Alameda east to the east entrance of Texas A&M University -Corpus Christi (TAMU-CC); Phase II carries the project from the Ocean Drive/Alameda intersection south to Ennis Joslin and South Padre Island Drive. The city's agreement with the Texas Department of Transportation (TXDOT) entails the following: that the city will obtain the necessary permits and perform the necessary environmental mitigation, if necessary; the city will obtain the necessary right-of-way; and the city will relocate and adjust utilities. He said the project also calls for an increase in the roadway of four lanes plus a continuous left -turn lane, curbs and gutters, sidewalk, two bicycle lanes, a 100 -foot bridge, and an increase in the roadway's elevation from five feet to about 10 feet. Mr. Shackelford said the expansion of TAMU-CC has increased demand on the city's utilities in the area, which necessitates an increase in the city's service for both water and wastewater which can be accommodated through the proposed utility corridor. He said this project also required a permit from the U.S. Army Corps of Engineers in order to cross the wetlands, as well as requirements for redundant lines or conduits so as not to further disturb the wetlands (once construction is completed) should one line fail and another one be needed. He said staff was recommending that the construction contract for the utility corridor and utility relocations be awarded to King Isles Inc. Responding to Council Member Best, Mr. Shackelford said the current water and sewer lines would have to be removed from under the roadway and relocated in the utility corridor. In reply to Council Member McNichols, Mr. Shackelford described the reasons for having to go through the wetlands with the utility corridor. Responding to a question from Council Member Heldenfels, Mr. Shackelford said J.M. Davidson Inc. was not the low bidder on this project. Council Member Martin asked about liability, and Mr. Shackelford replied that the contract specifically states that if any damage occurs to the wetlands, the contractor would be held liable. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11.a. M95-359 Motion authorizing the City Manager to execute the agreement between the City of Corpus Minutes Regular Council Meeting December 19, 1995 Page 9 Christi and Central Power & Light Company (CP&L) for costs in the amount of $301,725 associated with constructing 10,260 feet of 6 inch duct in the City's Utility Corridor crossing Cayo del Oso, south side of Spur 3, Phase I. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. 11.b. M95-360 Motion authorizing the City Manager to execute the agreement between the City of Corpus Christi and Southwestern Bell Telephone Company (SWB) for costs in the amount of $176,396 associated with constructing 2,800 feet of 4 inch duct in the City's Utility Corridor crossing Cayo del Oso, south side of Spur 3, Phase I. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. 11.c. ORDINANCE NO. 022440 Ordinance appropriating $301,725 and $176,396 received from Central Power & Light (CP&L) and Southwestern Bell Telephone Company (SWB), respectively, to the Water Capital Improvement Fund No. 205 as their respective shares of the Utility Corridor Project; appropriating $73,000 from the accumulated interest earnings in the 205 Water Capital Improvement Fund to that Fund to cover costs of the extra utility casing; and amending Ordinance No. 022394 which approved the FY 1995-96 Capital Budget to increase the Water Capital Improvement Fund by $551,121, the sum of the above three figures. 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. 11.d. M95-361 Motion awarding a contract in the amount of $1,225,711 to King -Isles, Inc. to construct the Cayo del Oso Utility Corridor/Utility Relocations. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. ************* Minutes Regular Council Meeting December 19, 1995 Page 10 Mayor Rhodes opened discussion on Item 12, annexation program, Phase IV. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 022441 Annexing adjacent and contiguous territory containing nine tracts of land to the City of Corpus Christi, Texas; declaring such territory an integral part of the City of Corpus Christi, Texas; fully describing the annexed territory; adopting a service plan for the annexed territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring inhabitants and property owners entitled to all the same rights, privileges and burdens of other citizens of the City; declaring the annexed territory, subject to the City Charter and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No"; J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning cases (Items 13 through 20), all related to the Phase IV annexation program. Mrs. Orville Dennis appeared to address the previous item (Item 12) regarding the annexation of property. She said she and her husband have owned 42 acres on F.M. 624 for 47 years (located in Tract A9) and they have no plans to sell it. She said the reason given for annexing their property was to control growth and development, but that is already controlled through the city's extraterritorial jurisdiction. Mrs. Dennis said their property is located across the road from an area served by the River Acres Water Supply Corporation (RAWS), and she said they were requesting that their property not be annexed at this time. Responding to Council Member Martin, Group Manager Utter said RAWS water district serves three accounts south of F.M. 624, which he pointed out on a map. He noted that Mrs. Dennis' property is not included in that water district. Mrs. Dennis said the property on the west side of Road 73 has been for sale for over 10 years, and it is very unlikely development will occur there in the near future. Mr. Al Schrader referred to Item 17, Case No. C1195 -7A, and he expressed concern about the recommendation to zone part of that property "RE" Residential Estate District (on Tract A10.2). Minutes Regular Council Meeting December 19, 1995 Page 11 He said he had acquired over 16 acres of that property and has operated a farm there, and he questioned the proposed residential zoning. Mr. Utter replied that that zoning designation would not affect Mr. Schrader's agricultural use. Mr. Schrader also questioned procedures for reimbursement for a utility line he had laid several years ago, and Mr. Utter said staff would discuss it with him. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Mr. Brandol Harvey, Director of Planning and Development, stated that the reason staff was recommending "RE" on the subject property was because the lots were subdivided at 2.5 acres, and "F -R" Farm -Rural District requires a minimum of five acres, which would have made them non- conforming uses. He said Mr. Schrader's property is larger than the rest and could be zoned "F -R." Mr. Martin pointed out that it would be advantageous for Mr. Schrader to have the highest zoning allowed on his property because the value increases. City Secretary Chapa polled the Council for their votes as follows: 13. Case No. C1195 -3A, Ci y of Corpus Christi: Zone newly annexed area to "F -R" Farm - Rural District on Tract A5.1 and "R -1B" One -family Dwelling District on Tract A5.2 and "B-1" Neighborhood Business District on Tract A5.3, bound by the Nueces River on the north, existing City limits on the east, Farm to Market Road 624 on the south and existing City limits on the west. ORDINANCE 022442 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to 35 acres out of Mariano L. de Herrera Grant and 65 acres out Nueces River Irrigation Park Annex No. 1 by zoning of newly annexed area to "F -R" Farm - Rural District on Tract A5.1, "R -1B" One -family Dwelling District on Tract A5.2 and "B- 1" Neighborhood Business District on Tract A5.3; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 14. Case No. C 1195-4A. City of Corpus Christi: Zone newly annexed area to districts ranging from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District to "B-4" General Business District on Tract A6, bound by Farm to Market Road 624 on the north, U. S. Highway 77 on the east, County Road 52 on the south and extension of W. Riverview Drive on the west. Minutes Regular Council Meeting December 19, 1995 Page 12 ORDINANCE NO. 022443 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Nueces River Irrigation Park, north half of Blocks 1 and 2, and McIntyre Partition, Tract 4 by zoning of newly annexed area to "F -R" Farm -Rural District on Tract A6.1 and "B-4" General Business District on Tracts A6.2, A6.3 and A6.4; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 15. Case No. C1195 -5A. City of Corpus Christi: Zone newly annexed area to an "F -R" Farm - Rural District on Tract A7, bound by the Nueces River on the north and east, the existing City limits on the south and Interstate Highway 37 on the west. ORDINANCE NO. 022444 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to 715 acres out of the Gregorio Farias Grant, Abstract No. 592 by zoning of newly annexed area to "F -R" Farm -Rural District on Tract A7; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 16. Case No. C1195 -6A. City of Corpus Christi: Zone newly annexed area to districts ranging from "F -R" Farm -Rural District to "B-4" General Business District to "I-2" Light Industrial District on Tract A9, bound by Farm to Market Road 624 on the north, east line being 1,260 feet west of E. Riverview Drive, south line being 2,200 feet south of Farm to Market Road 624 and west line being 1,930 feet west of County Road 73. ORDINANCE NO. 022445 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to northwest 259 acres out of the McIntyre Partition and to the west 98 acres out of Section 4, Wade Riverside, by zoning of newly annexed area to "F -R" Farm -Rural District on Tract A9.1, "I-2" Light Industrial District on Tract A9.2 and "B-4" General Business District on Tract A9.3; providing for publication. Minutes Regular Council Meeting December 19, 1995 Page 13 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 17. Case No. C1195 -7A. City of Corpus Christi: Zone newly annexed area to an "F -R" Farm - Rural District on Tract A10.1 and "RE" Residential Estate District on Tract A10.2, bound by the existing City limits on the north, the Union Pacific Railroad right-of-way on the east, and along the south line being 1,570 feet north of County Road 48, U.S. Highway 77 on the west. ORDINANCE NO. 022446 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to 378 acres out of Gregorio Farias Grant, Abstract 592 and southwest 37 acres out of Country Estates Subdivision Unit 4 by zoning of newly annexed area to "F -R" Farm -Rural District on Tract A10.1 and "RE" Residential Estate District on Tract A10.2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 18. Case No. C 1195-8A. City of Corpus Christi: Zone newly annexed area to an "I-3" Heavy Industrial District on Tract All, located approximately 700 feet south of the Union Pacific Railroad and approximately 300 feet west of Nueces Bay Boulevard. ORDINANCE NO. 022447 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to 80 square feet out of the southwest corner of the Southwestern Tract 2 by zoning of newly annexed area to "I-3" Heavy Industrial District on Tract All; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 19. Case No. C1195 -9A. City of Corpus Christi: Zone newly annexed area to an "I-3" Heavy Industrial District on Tract Al2, located west of and adjacent to the present city limit line, south of the Corpus Christi Ship Channel and approximately 700 feet west of Nueces Bay Boulevard. Minutes Regular Council Meeting December 19, 1995 Page 14 ORDINANCE NO. 022448 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to portion of Southwestern Tracts 2 and 3 and Union Pacific Railroad by zoning of newly annexed area to "I-3" Heavy Industrial District on Tract A l2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 20. Case No. C1195 -10A, City of Corpus Christi: Zone newly annexed area to a "B-3" Business District on Tract A13.1 and "I-2" Light Industrial District on Tract A13.2, located along the west side of Poth Lane, north of Interstate Highway 37 and along the south line of the Union Pacific Railroad. ORDINANCE NO. 022449 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Webb Tract, Tracts 6, 7, 8, 9, 10, 21 and 22 by zoning of newly annexed area to "B-3" Business District on Tract A13.1 and "I-2" Light Industrial District on Tract A13.2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." ************* Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. The Mayor reconvened the regular Council meeting. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 22 through 28, and Council Members requested that Items 22, 23, 24, 27, and 28 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting December 19, 1995 Page 15 25. ORDINANCE NO. 022452 Ordinance authorizing the City Manager to execute a Multiple Use Agreement with the Texas Department of Transportation (TXDOT) to permit the construction, maintenance and operation of a public Thermal Energy Storage (TES) Tank on the highway right-of-way, U.S. 181 adjacent to the Harbor Bridge. 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." 26. ORDINANCE NO. 022453 Ordinance authorizing the City Manager of his designee to execute a Use Privilege Agreement with First United Methodist Church to install two permanent pedestal -mounted floodlights 36 inches high on the sidewalk with appropriate pedestrian protection directly in front of the statute of Christ located adjacent to the church in the 900 block of Shoreline Boulevard within City right-of-way; and establishing a fee of $100. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 22, supply agreement for emulsion oil. Responding to Council Member John Longoria, City Manager Garza said that Koch Materials Company, which is being recommended to supply the emulsion oil, submitted their bid through their corporate offices in Austin, but the local office will be servicing the contract. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 22. M95-362 Motion approving a supply agreement for approximately 60,000 gallons of emulsion oil (SS - 1) in accordance with Bid Invitation No. BI -0016-96 with Koch Materials Company, Austin, Texas, based on the low bid of $36,000. The term of the contract will be twelve months with an option to extend for up to twelve additional months subject to the approval of the supplier and the City Manager or his designee. This material is used by the Street Department for Minutes Regular Council Meeting December 19, 1995 Page 16 maintenance of City streets. Funds have been budgeted by the Street Department for FY 95- 96. 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 23, tax resale deed. Upon verification by Group Manager Utter, Council Member McNichols pointed out that at no time was the City of Corpus Christi an owner or one of the taxing entities involved in the property in question. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 022450 Ordinance authorizing the City Manager to execute a Tax Resale Deed for the consideration of the sum of $10 cash paid by Nueces County for the City's undivided 64% interest in and to 30 acres of land out of Padre Island, Nueces County Park, being the remainder of a 50 acre tract described in Volume 908, Page 399, Deed Records of Nueces County, Texas; save and accept 20 acres, described in Volume 2103, Page 649, Deed Records of Nueces County, Texas. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 24, contract with Flour Bluff I.S.D. Council Member McNichols commented favorably on this proposal. Mr. Utter explained that this allows a 6.5 acre piece of property that has taxable and developmental value to be placed back on the tax rolls. In addition, about 16 acres on the south end that does not have much value at this time can be used for a school site, which has been needed for years. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting December 19, 1995 Page 17 Ms. Elizabeth Walker, 13969 Dos Marinas, thanked Flour Bluff Independent School District Superintendent Leroy DeHaven and the Flour Bluff School Board for agreeing to build an elementary school on Padre Island. She added that she felt the location of the school in that subdivision would also benefit the city because of the potential for more growth there. City SecretaryChapa polled the Council for their votes as follows: 24. ORDINANCE NO, 022451 Ordinance authorizing the City Manager or his designee to execute a Quit Claim Deed with Flour Bluff Independent School District (FBISD) conveying the City's Undivided Tax Lien Interest in Lot 5, Block 3, Island Fairway Estates, for $10 and a covenant that FBISD will construct a new Elementary School on Padre Island within 36 months or pay the city $31,500 for its undivided interest; if the school is built FBISD further covenants to allow use of the school for Latchkey, and both Youth and Adult recreation programs after school and during vacation periods. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 27, water toy concession lease agreements. Responding to Council Member John Longoria, Mr. Malcolm Matthews, Director of Park and Recreation, said the contract amounts were different because they were all independently bid. He added that any renewals will automatically have a 10% increase. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 27.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease agreement with Beach Boat Rentals, Inc. for a non -motorized watercraft operation at Concession Site B on Peoples Street T -Head through February 15, 1997 with a one year option to renew, and for a rental fee of $7,761.60 a year with an increase of 10 percent at the time of renewal. 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 December 19, 1995 Page 18 27.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease agreement with Just For Fun, Inc. for a fast -motorized watercraft operation at Concession Site C on Peoples Street T -Head through February 15, 1997 with a one year option to renew, and for a rental fee of $13,200 a year with an increase of 10 percent at the time of renewal. 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." 27.c. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease agreement with Beach Boat Rentals, Inc. for a slow -motorized watercraft operation at Concession Site E through February 15, 1997 with a one year option to renew, and for a rental fee of $8,800 a year with an increase of 10 percent at the time of renewal. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 28, firearms in city facilities. Mayor Rhodes called for comments from the audience. Mr. Shawn Bishop, 15349 Sabre Drive, objected to the proposed ordinance, saying the city did not have the authority to pass such an ordinance. He added that the Second Amendment of the Constitution gave citizens the right to protect themselves. Mayor Rhodes pointed out that the proposed ordinance dealt only with the carrying of firearms on property of the City of Corpus Christi (with certain exceptions); it did not address the carrying of firearms in other locations in the city. Mr. Bishop said the ordinance redefined the definition of "premises." City Attorney Bray reiterated that the ordinance prohibits firearms on city premises. He said the defmition of "premises" that Mr. Bishop was referring to dealt only with a particular section of the Texas Penal Code. Mr. Bray said the general definition of "premises" that is used in most of the court cases and in other situations includes not only a building but also the grounds and adjacent areas. He said staff felt that, for purposes of this particular ordinance, the broader definition was more appropriate. Mr. Bray added that under the Attorney General's opinion, the city --like a private property owner --has the authority to keep people off their premises while carrying weapons. And it is up to Minutes Regular Council Meeting December 19, 1995 Page 19 the property owner to make that provision for part or all of their general premises. Council Member Heldenfels said the city would have a liability if a citizen is injured from not being allowed to carry their firearm in a city facility. Mr. Bray said he did not think the city would be held liable. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 022454 Prohibiting the carrying of firearms on property of the City of Corpus Christi, with certain exceptions; adding a new Section 33-79 to the Code of Ordinances of the City; providing for penalties; and providing for severability. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." ********** * ** Mayor Rhodes called for the City Manager's report. Mr. Garza said he had forwarded to the Council an implementation schedule for the Capital Improvement Program (CIP). He noted that there would not be another City Council meeting until January 9, 1996. He said that in early January he would be forwarding more information about the proposed ordinance regarding adult businesses with undesirable secondary effects. A workshop on the issue is scheduled for January 16, 1996, with the first reading scheduled for February 13, 1996. Scheduled for the January 9, 1996 meeting is the wastewater master plan update and several zoning cases. Mr. Garza added that U.S. Senator Phil Gramm's office advised staff that the Senate Environment and Public Works Committee had approved the concept of a new federal courthouse in Corpus Christi. Mr. Carl Crull, Group Manager for Public Works and Utilities, said the CIP schedule was the result of efforts of members of several departments --Capital Budget Office, Engineering Department, Water, and Wastewater --so that all of the projects would be integrated. Also included are the projects that are in the operating budget, primarily the utilities, which can be a significant amount of projects both in terms of time and funds. In addition, if a project is included in the operating budget it needs to be under contract during that particular fiscal year; an example is major maintenance work that is needed at the O.N. Stevens Water Treatment Plant and the wastewater treatment plants. The schedule also includes prior year projects that have not been completed, and projects that are in the FY 95-96 capital budget. Staff intends to update the Council every six Minutes Regular Council Meeting December 19, 1995 Page 20 months on the CIP's progress and any revisions that might be needed. * * * * * tt r * r r * * Mayor Rhodes called for Council concerns and reports. Council Member John Longoria wished everyone a safe and happy holiday season. Council Member McNichols asked if there would be an upcoming discussion about the bond rating given the city by Standard and Poor's, and Mr. Garza said there would be. Dr. McNichols also asked about the city's air quality rating from the Environmental Protection Agency (EPA) and the Texas Natural Resource Conservation Commission (TNRCC). Deputy City Manager Hennings said that according to Mr. Barry McBee, TNRCC Chairman, the EPA has stated that regardless of the area's weather conditions, the city's air pollution exceedences will be given "full credit." Mr. Hennings added that the EPA would be willing to work with city officials on a flexible attainment agreement similar to an agreement reached with the City of Tulsa, Oklahoma. If such an agreement can be put in place before Corpus Christi exceeds the federal standards again, then the exceedence would not make the city non -attainment. In addition, the TNRCC is working to get the city's last exceedence declared void because of the work of a highway contractor near the air monitoring station on that particular day. Mr. Hennings also discussed the worst case scenario, and Dr. McNichols said the issue needs to be discussed at greater length. Council Member Martin emphasized that with regard to the city's air quality status, either the law needs to be changed or a flexible attainment agreement needs to be in place --being designated as a non -attainment area should not be an option. He said a full report should be prepared by the first Council meeting in February 1996 on the city's exact status and recommendations to avoid non -attainment. Dr. McNichols agreed with Mr. Martin on the importance of resolving this issue very soon and of the many implications that are involved. Mr. Martin also asked about the status of the city's audit report, and Mr. Garza replied that it is being printed and a meeting to discuss it will be scheduled. Mr. Martin noted that in the official statement recently distributed, for July 31, 1995, the city's bond debt service coverage was 71.9%, while the budget document and the Council's policy was to maintain that figure in the high -70s. Mr. Garza said he would provide more information in writing, but basically the computation involves the General Obligation Debt Service that the city has, which as indicated in the budget is 76%. In computing the figures for the Preliminary Official Statement, the outstanding debt and the requirement for the reinvestment zone was included (the reinvestment zone has a very small reserve), which brought the overall figure down. Mr. Garza said that over the years, the reason there has been a precipitous decline is that the Minutes Regular Council Meeting December 19, 1995 Page 21 fund balance in the reinvestment zone has been used to make the annual payments. Mr. Garza said he wants to keep the city's General Obligation debt separate from the reinvestment zone debt, which is supposed to be paid from the Downtown Reinvestment Zone; however, it is part of the city's overall debt and probably should have been included. Mr. Martin expressed concern about the importance of maintaining the city's debt service fund balance at a certain level. Council Member Cooper recognized the city employees and volunteers who participated in the Senior Community Services Christmas Dinner. She also extended holiday greetings to everyone. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. R.F. Hasker, 1813 Wallace, urged the Council to hold a referendum on the water issue. Mayor Rhodes pointed out that the city has a valid contract with the Lavaca-Navidad River Authority and there would be nothing for the citizens to vote on. Mr. J.E. O'Brien, 4130 Pompano, reiterated that he is opposed to what he considers are "excessive" fund balances, especially when taken in the context of what he said were "phony" budget figures. He noted that he did compliment the City Manager when he established the reserve fund for the Choke Canyon debt. He conunented on a secret, out-of-court settlement on the South Texas Nuclear Project, wherein the owners had sued Westinghouse for $1 billion, but it is not known how much money Central Power and Light had received. Mayor Rhodes said the Council did not believe that the city's budget figures were "phony" (as stated by Mr. O'Brien), and she reiterated that Mr. O'Brien was on record as saying he opposed having an adequate fund balance, no matter how he wanted to word it. Responding to Mr. Martin, Mr. Utter said the only two days that there would not be collection of recyclable materials was on December 25, 1995 and January 1, 1996. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:40 p.m. on December 19, 1995. * * * * * * * * * * * * *