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HomeMy WebLinkAboutMinutes City Council - 03/26/1996I 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 March 26, 1996, which were approved by the City Council on April 9, 1996. WITNESSETH MY HAND AND SEAL, this 9th day of April, 1996 Armando Chapa City Secretary SEAL �qF\V 11S MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 26, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. David McNichols Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin 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 (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 March 19, 1996, and there being no corrections, she proclaimed them approved as presented. ************* Group Manager Utter introduced Mr. John Maldonado, Area Director for Community Planning and Development (CPD) with the U.S. Department of Housing and Urban Development, and Mr. Philip Aguirre, who oversees Corpus Christi's CPD activities. Mayor Rhodes noted that the men had been touring Corpus Christi's community development projects, and she read a proclamation designating April 1-7, 1996 as "National Community Development Week" in Corpus Christi. Mr. Florencio Sauceda, Director of the city's Community Development Department, presented a token of appreciation to the Council members on behalf of the many citizens who have benefitted from the Community Development Block Grant program during the last 22 years. * * * * * * * * * * * * * Minutes Regular Council Meeting March 26, 1996 Page 2 Mayor Rhodes opened discussion on Item 2, a presentation by the Air Quality Committee on the ozone flexible attainment agreement. Deputy City Manager Hennings explained that when the U.S. Congress amended the Clean Air Act in 1990, they established a standard of ozone throughout the country of .12 parts per million. And while Corpus Christi's ozone levels are usually low, occasional weather events do occur which allow ozone to build up, which occasionally results in an exceedence of the limit. Mr. Hennings said that under federal law, Corpus Christi is allowed to have three exceedences in a three -calendar -year period at each of its two monitoring stations, which he described. He also explained the possible consequences --which could be considerable --if the city were to violate the Clean Air Act through ozone exceedences. He noted that in January 1996 the Council appointed members to the Air Quality Committee to explore the feasibility of a flexible attainment agreement, and they have been meeting on a weekly basis. They are making recommendations designed to reduce the emissions of VOCs and ozone, which should facilitate an agreement with the Environmental Protection Agency (EPA). Mr. Hennings described certain aspects of those recommendations, including marine vapor control; industry -small business partnerships; use of clean -burning gasoline and alternate fuels; clean cities program; increased research; and industry and community cooperation on ozone action days. Mr. Hennings said the Air Quality Committee will continue to meet until they conclude their negotiations with EPA, hopefully in the next few weeks, at which time recommendations will be brought to the Council for their consideration. Mayor Rhodes thanked the members of the committee for their efforts, in particular Mr. Norman Renfro. In response to a question from Mayor Rhodes, Mr. Hennings said it is recommended that the reid vapor pressure of gasoline sold by local refineries be lowered from May through September, which would probably result in an increase in price between one-fourth of one cent to one-half of one cent per gallon. The Mayor said an EPA official from Dallas would be willing to meet with the committee members. Council Member McNichols asked if the cumulative exceedences were site-specific, and Mr. Hennings said they were. Mr. Hennings added that staff had asked EPA about the regulation regarding the time frame in which exceedences occur, and they did not respond. Also, the EPA is in the process of reassessing the ozone standard and proposing changes to it. Mr. Hennings said the ozone levels in Corpus Christi are not a public health concern but are a regulatory concern. Dr. McNichols also thanked Mr. Hennings and the other committee members. Replying to Council Member Martin, Mr. Hennings said the flexible attainment agreement will contain some contingencies in the event that the actions being taken to lower ozone levels are Minutes Regular Council Meeting March 26, 1996 Page 3 not successful. Council Members Martin and Heldenfels commented about street construction contracts which prohibit certain work on ozone action days. * * * * * * * * * * * * * Before opening discussion on Item 3, Mayor Rhodes announced that Item 9 (first reading of a lawn watering ordinance) was being postponed. She then proceeded with Item 3, a presentation by the Greater Corpus Christi Business Alliance on the Community Progress Partnership. Mr. Al Jones, past Chairman of the Business Alliance, said they are recommending that the Alliance and the city officially form a partnership to start a process for receiving community -wide input about the community's needs. It was recommended that a Special Projects Committee be formed consisting of 17 people who would represent the following organizations: Business Alliance, Hispanic and Black Chambers of Commerce, Vision 2000, Museum and attractions community, Park and Recreation Department, Planning Department, Library, and Senior Community Services. In addition, the recommendation calls for the committee to be co-chaired by Mr. Jones and U.S. Magistrate Eduardo DeAses. Mr. Jones said the recommendation included a series of public hearings as part of the fact-finding process. Mayor Rhodes commented that the committee members would need to commit a great deal of time to this effort if it is to be successful, and she compared it with the process that was entailed in formulating and approving the 1986 bond program. Council Member McNichols emphasized that whatever recommendations emerge from the efforts of the Community Progress Partnership must include realistic proposals to fund those recommendations. Council Member Betty Jean Longoria asked if more than one meeting could be held in the Council districts, and Mr. Jones replied that the process should include as many opportunities for input that are reasonable. Council Member Cooper suggested that some of the district meetings be held during the day. Council Member Martin made the following motion, seconded by Council Member Heldenfels: 3. M96-085 Motion accepting and concurring with the recommendations of the Greater Corpus Christi Business Alliance on the Community Progress Partnership, and directing City Staff to cooperate with the Alliance in achieving the Community Progress Partnership objectives. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting March 26, 1996 Page 4 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Library Board Sue Stanford Water Conservation Advisory Committee Ford Patton W.T. Young * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, tax abatement agreement for CINTAS-RUS Inc. Group Manager Utter explained that CINTAS-RUS, which provides industrial uniforms in South Texas, is located in Corpus Christi and presently employs 28 people. He said the company is proposing to build a $5 million, 50,000 square foot facility within the Industrial Technology Park which would increase their employees to about 120. This would allow CINTAS-RUS to serve an area from the U.S.-Mexico border north to Victoria. Mr. Utter said the company qualifies for a 50% temporary property tax abatement under the city's tax abatement guidelines. Mr. Mike Carrell, Chairman of the Board of the Greater Corpus Christi Business Alliance, said the board unanimously approved this proposal. Mr. Carrell then introduced Mr. Gregg Shultz, General Manager for the local CINTAS facility, and Mr. Matt Szuhaj, a site location consultant, who explained more about the company. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 022511 Resolution authorizing the execution of an agreement with CINTAS-RUS, Inc. providing for temporary tax abatement. 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 6, Transportation Program grant applications. Minutes Regular Council Meeting March 26, 1996 Page 5 The Mayor noted that there was an amendment to the two proposed resolutions. Council Member Martin made a motion to accept those amendments as presented by staff, seconded by Mayor Rhodes, and passed unanimously. Mr. R.H. Shackelford, Director of Engineering Services, said staff was requesting the Council's support for two projects to be submitted to the Texas Department of Transportation (TXDOT) for funding consideration during the third and final call of the Statewide Transportation Enhancement Program. He said the first project entailed improvements to Water Street, between Kinney Street and Interstate 37. Specific problems that the project proposes to address include: a provision for designated mid -block crossings; an increase in night time illumination along the length of the project; installation of pedestrian signals at intersections with special crosswalk paving; various types of pedestrian amenities; and landscaping and other beautification. He said it incorporates the basic elements included in the VISION document of the Heart of Corpus Christi, which was incorporated into the South Central Area Development Plan in October 1991. Mr. Shackelford said that the Downtown Management District (DMD) voted to assist the city with funding of the Water Street Improvements if the project is selected, although a specific amount was not determined at this time. With an estimated total project cost of approximately $2 5 million, the local 20% matching funds would be $500,000. He added that the Transportation Advisory Committee endorsed the Water Street project as proposed. Mr. Shackelford then used a map to further describe the project. Responding to a question from Council Member John Longoria, Mr. Shackelford explained that the Regional Transportation Authority is currently installing six handicapped ramps in that area at a cost of about $100,000, which will still be used for approximately three more years even if the Water Street improvements are funded by the Texas Transportation Commission. In reply to Council Member Black, Mr. Shackelford said that if the proposed design is adopted there would be a pedestrian crossing area, but the width of the sidewalks would not change except at the corners (with the construction of "bulb -outs"), and the parking would remain the same. Council Member Best asked if provisions had been made for proper watering of the landscaping, and Mr. Shackelford said they had. Mr. Shackelford then went on to discuss the second project being proposed. He referred to a map of the Gateway Park project, noting that it consists of two phases: Phase I includes the area associated with IH -37 and the proposed new federal courthouse (two contracts); Phase II consists of the area on Shoreline Boulevard from Peoples Street to Palo Alto. Minutes Regular Council Meeting March 26, 1996 Page 6 Mr. Shackelford explained the City has the opportunity to leverage monies and services already committed to the Gateway Park project to fund the restoration of the exterior of the old Nueces County Courthouse, which he described (including the demolition of the 1961 courthouse annex). He noted that no interior work on the old building would be included at this time. Mr. Shackelford added that the Devary Durrill Foundation will be the project sponsor and is responsible for preparing and submitting the project nomination, while the city would need to commit to the local funding match of 20% and to administering the contract with TXDOT. Council Member Heldenfels said he supported the Water Street improvements but he was totally opposed to the Gateway Park project, including the proposed renovation of the exterior of the old courthouse. Mayor Rhodes pointed out that the Council would be voting on the resolutions concerning the two projects separately. Responding to Council Member Martin, City Manager Garza said the city may be able to use an in-kind match or private funds for the local 20% match. Mr. Martin then asked if the submittal of more than one project would jeopardize the funding, and Mr. Shackelford said it would not. Mr. Martin commented that the courthouse project made sense for many reasons, including the fact that a historical covenant exists on the building until 2018, and since many complaints concern its external appearance. Council Member Best said he wanted some assurance that the courthouse had the structural integrity to salvage it. Ms. Brooke Sween -McGloin, a local architect, explained that the project's budget includes funds for structural engineering services to review the building's structural integrity. She added that all of the reports indicate that the courthouse's problems arise from the use of brick tie -backs on the veneer, which would be replaced if the project is funded. Dr. Best then inquired about the building's interior, and Ms. Sween -McGloin said all of the mechanical, electrical and plumbing would need to be replaced, but that would be another project. She added that Justice Building Inc. owns the old courthouse and it would be their responsibility to maintain it. Council Member Cooper expressed support for both projects, and asked if the Texas Historical Society had approved the renovation of the courthouse's exterior. Ms. Sween -McGloin said the society had and it vowed to assist the city if necessary. Responding to Council Member McNichols, Ms. Sween -McGloin reiterated that the courthouse project was viable. Dr. McNichols also asked about the funding for the Gateway Park project. Mr. Shackelford replied that the funding is derived from a variety of sources, including the Texas Parks and Wildlife Department ($500,000), TRT Holding ($500,000), Regional Transportation Authority ($300,000), Permanent Art Trust Fund ($215,000), Downtown Management District ($200,000), and funds for property for the new federal courthouse from the General Services Administration. Dr. McNichols pointed out that the funding source for the Minutes Regular Council Meeting March 26, 1996 Page 7 Statewide Transportation Enhancement Program was the Intermodal Surface Transportation Efficiency Act (ISTEA), which was established by the federal government. Mr. Heldenfels pointed out that the ISTEA funds were tax monies; responding to a question from Mr. Heldenfels, Mr. Garza noted that the Permanent Art Trust Fund is raised primarily through the city's hotel/motel taxes. Council Member Betty Jean Longoria commended the projects, and asked if the city could partner with Nueces County in acquiring funds for the old courthouse's renovation. Mr. Garza said staff had not approached county officials about that prospect but had discussed it themselves. Mr. Shackelford noted that the projects would need to be considered by the Municipal Planning Organization, which includes representatives from Nueces and San Patricio counties. Mrs. Black expressed her support for the proposals. Mayor Rhodes called for comments from the audience. Mr. Gordon Landreth, Vice Chairman of the Downtown Management District (DMD), said the DMD has not been able to pledge the taxes it collects from downtown business owners on the old courthouse's renovation since it has been privately owned, but this project may finally provide the opportunity to do so. Mr. Jimmie Till, 1265 Southern Minerals Road, asked if property owners adjacent to Water Street would be assessed taxes for its improvements, and Mr Garza said they would not be. Responding to another question from Mr. Till, Mayor Rhodes said the action the Council was taking during the meeting was to approve the application for the funding of the proposed projects. Mr. Leon Perez, 904 Buford, called the old courthouse an architectural nightmare, and objected to its renovation. Mr. Abel Alonzo, 1701 Thames, agreed that the funding source was taxpayers' monies, but he added that if Corpus Christi did not apply for that funding, it would be awarded to other communities and this city would not benefit from it. City Secretary Chapa polled the Council for their votes as follows: 6.a. RESOLUTION NO. 022513 Resolution authorizing the City Manager or his designee to submit enhancement project application for Water Street improvements between Kinney Street and Interstate 37 for the Statewide Transportation Enhancement Program, as administered by the Texas Department Minutes Regular Council Meeting March 26, 1996 Page 8 of Transportation, and an expression of the City of Corpus Christi's willingness to commit to the minimum 20 percent local funding match funds from the Gateway project for the required 20 percent funding match estimated at $500,000 for the Water Street project cost. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 6.b. RESOLUTION NO. 022512 Resolution authorizing the City Manager or his designee to submit enhancement project application for the Old Nueces County Courthouse: Exterior Rehabilitation/Gateway Park Phase I, Contract II for the Statewide Transportation Enhancement Program, as administered by the Texas Department of Transportation, and an expression of the City of Corpus Christi's willingness to commit "in-kind" matching funds from the Gateway project for the required 20 percent funding match estimated at $1,000,000 for the Old Nueces County Courthouse: Exterior Rehabilitation/Gateway Park Phase I, Contract II. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." ************* Mayor Rhodes opened discussion on Item 7, telecommunications franchises for fiber optic companies. Deputy City Manager Hennings said the franchise applications were made by two competitive access providers --American Communications Services of Corpus Christi Inc. and KMC Southeast Corp. He said that presently, if a company wished to access long-distance service, data transmission or other kinds of telecommunications services, it has to go through the local telephone company. Companies such as these provide an altemative by running their own cable and providing access without using the local telephone company. Mr. Hennings said the city currently has franchise agreements with Central Power and Light, Southwestern Bell, and TCI Cablevision. The proposed franchises would be similar and, in fact, another company has already indicated its interest in acquiring a franchise agreement with the city at its next Council meeting on April 9, 1996. Mr. Hennings discussed aspects of the proposed franchise agreements. Mr. Hennings said both American Communications and KMC want to begin operation here as soon as possible; as a result, staff recommended that one-year franchise agreements be approved Minutes Regular Council Meeting March 26, 1996 Page 9 in addition to the seven-year franchises due to the waiting periods included in the longer franchises. Also, there is a proposed ordinance that would delegate to the City Engineer authority to grant the companies special use permits so they could commence construction immediately at their own risk if they so chose. Responding to Council Member Martin, Mr. Hennings said the companies' plan is not to serve subdivisions but rather the more intensely developed business community. He noted that their construction would extend over a period of months and they would have to coordinate with and receive permits from the City Engineer. Mr. Martin questioned whether the companies would really be commencing operation at their own risk when the City Engineer would be granting them a permit. City Attorney Bray replied the company was taking the risk that the franchise would not be approved on second reading. He added that the city grants revocable easements for many reasons. Mr. Martin objected to the proposed ordinance granting special use permits, and asked if such an ordinance had been approved in the past; Mr. Bray replied that it had not. A brief discussion ensued. Responding to Council Member Best, Mr. Bray said that if the company were no longer in business after the seven-year franchise agreement expired, and the city did not want to assume its equipment, the company would have an obligation to remove it. Mayor Rhodes called for comments from the audience. Mr. John Bell, a local attorney representing American Communications Services (ACS), said the company was prepared to invest several million dollars in a fiber optic system in Corpus Christi that would make it competitive with several other Texas and southern cities. He said the sole reason for the special permit was for ACS to commence the testing and preliminary studies. Responding to a question from Mr. Martin, Mr. Bell said ACS would be able to submit the plans for construction but would not be able to do any preliminary work or testing on the city streets without a permit. Mr. Bell introduced Ms. Michelle Shine, Director of External Affairs for ACS, who said her company has been reviewing the possibility of locating a fiber optic network in Corpus Christi for over seven months. She said ACS has 11 networks in the southern United States, including four in Texas. She said ACS's network provides an economic development tool in attracting new businesses and better serving those already here. Ms. Tricia Breckenridge, Vice President of CAP Development for KMC Southeast, said her company anticipates investing between $5 million to $7 million on a fiber optic network here. She further explained the structure of the network, including finances. Responding to Dr. Best, Ms. Breckenridge acknowledged that KMC and ACS were competitive. She added that they generally access the rights-of-way of other entities and do not tear up city streets to lay their networks. Minutes Regular Council Meeting March 26, 1996 Page 10 City Secretary Chapa polled the Council for their votes as follows: 7.a. FIRST READING ORDINANCE Granting to American Communications Services of Corpus Christi, Inc. a non-exclusive one- year franchise to construct, maintain, and operate in designated portions of public rights-of- way telecommunication facilities for the purpose of providing services within the city and future additions thereto. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." 7.b. FIRST READING ORDINANCE Granting to American Communications Services of Corpus Christi, Inc. a non-exclusive seven-year franchise to construct, maintain, and operate in designated portions of public rights-of-way telecommunication facilities for the purpose of providing services within the city and future additions thereto. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." 7.c. FIRST READING ORDINANCE Granting to KMC Southeast Corp. a non-exclusive one-year franchise to construct, maintain, and operate in designated portions of public rights-of-way telecommunication facilities for the purpose of providing services within the city and future additions thereto. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." 7.d. FIRST READING ORDINANCE Granting to KMC Southeast Corp. a non-exclusive seven-year franchise to construct, maintain, and operate in designated portions of public rights-of-way telecommunication facilities for the purpose of providing services within the city and future additions thereto. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Minutes Regular Council Meeting March 26, 1996 Page 11 Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." 7.e. ORDINANCE NO. 022514 Ordinance authorizing the City Engineer to grant Special Use Permits for designated portions of rights-of-way to persons in the process of obtaining non-exclusive franchises to construct, maintain, and operate telecommunications facilities. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, and B. Longoria voting "Aye"; Heldenfels, J. Longoria, Martin, and McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, Whitecap Wastewater Treatment Plant expansion. Mr. Shackelford explained that in 1982, the city assumed responsibility for the Whitecap Plant when Padre Island was annexed. The plant was sized at 0.5 million gallons per day (MGD) with a 20/20 discharge permit. In 1988, the plant exceeded its hydraulic capacity, and an expansion to 0.8 MGD was undertaken to satisfy regulations. The expansion of 0.3 MGD was selected in order to have a fast turnaround on design and construction, as well as to minimize costs. The major element was the construction of a 2 MGD clarifier. He said that by 1990, development on the island had increased and the plant's limits were again being approached. Following studies by a consultant and actions taken by the Texas Natural Resource Conservation Commission (TNRCC), it was recommended that the plant be expanded to 2.5 MGD since it would provide for easy incremental expansion to 5 MGD while still retaining the 20/20 permit. This would forestall the extra costs of having to incorporate the 10/15/3 treatment earlier than necessary. Additionally, the consultant recommended retrofitting the plant and incorporating specific elements to achieve long-term operational efficiencies, satisfy community concerns, and provide for cost-effective expansion in the future. Mr. Shackelford also described the proposed contract, including the original project estimate, budget modifications that were made, and the bid process and results. He said that Belmont Constructors of Houston was the low bidder on the base bid and deductive alternate, as well as the total of all bid items. Mr. Shackelford explained why the actual bid exceeded the engineer's estimate by $393,000 or 8.1%, and why staff recommended proceeding with the project. He noted that design of the next expansion should be necessary in about 18 years after this project is completed. He also went on to describe the three other proposals that staff was recommending. Minutes Regular Council Meeting March 26, 1996 Page 12 Responding to Council Member Martin, Mr. Shackelford said the project would include a qualified full-time resident inspector, in addition to periodic inspections by the design engineer. Mr. Martin noted that he has had extensive conversations about this project with Mr. Shackelford, Mr. Garza, Mr. Carl Crull, Group Manager for Public Works and Utilities, and Mr. Wayne Cockroft, Wastewater Superintendent. He said the reason this plant expansion is so much more expensive than a typical treatment plant is due to the necessary inclusion of features that were not available when it was first constructed. Also, in order for the plant to receive a permit, a total redundant clarifier system (that is not necessary for capacity) needed to be built; a side benefit is that that system may be useful in the event of a future expansion. Council Member McNichols pointed out that there are other factors that increased the plant's cost, such as a change in the disinfection process. Responding to a question from Dr. McNichols, Mr. Shackelford said the TNRCC told staff that a more stringent permit would not be necessary until after the plant exceeds its 5 MGD capacity. He added that the next expansion, in terms of cost per gallon, should be less since the major cost elements were being addressed now. In reply to Council Members Heldenfels and Martin, Mr. Shackelford reiterated the purpose of installing the second clarifier and other necessary elements, and briefly discussed the role of the resident inspector. He added that staff is in negotiations with Naismith Engineering about the odor control situation at the Oso Treatment Plant. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 022515 Ordinance appropriating interest in the amount of $525,000 earned on funds transferred into the Sanitary Sewer Capital Improvement Fund from the Padre Island Escrow Fund and the Whitecap Plant Expansion Fund; amending Ordinance No. 022394 that adopted the FY 95- 96 Capital Budget to increase appropriations in the Sanitary Sewer Capital Improvement Fund by $525,000. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8.b. M96-072 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Engineering Services for the Whitecap WWTP Expansion which provides for changing the name of the engineering firm to Shearer, Coym & Rehmet Engineering Minutes Regular Council Meeting March 26, 1996 Page 13 Company and authorizes an increase in the contract in the amount of $150,000 to provide a resident project representative at the construction site. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8.c. M96-073 Motion awarding a contract in the amount of $5,232,600 to Belmont Constructors for the Whitecap WWTP Expansion from 0.8 MGD to 2.5 MGD. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8.d. M96-074 Motion authorizing the City Manager or his designee to execute a contract in the amount of $20,000 with Gulf Coast Testing Laboratory, Inc. for testing services associated with the expansion of the Whitecap WWTP from 0.8 MGD to 2.5 MGD. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Mayor Rhodes noted again that Item 9 (below) had been postponed. 9. POSTPONED publication., and piev:d:ng forsev.,rancc. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, amendment to the Water Conservation and Drought Contingency Plan. Mr. James Dodson, Regional Water Director, explained that following their recent appointment, the members of the Water Conservation Advisory Committee met on March 20, 1996 to discuss several issues. During that meeting they voted to recommend that the Condition I trigger level contained in the city's Water Conservation and Drought Contingency Plan be raised from the current 28% of system capacity to 40%. Minutes Regular Council Meeting March 26, 1996 Page 14 Council Member Martin questioned a statement in the proposed ordinance which read, "City Council declares drought condition exists and implements water conservation and rationing plan." Mr. Dodson replied that in Condition I there are no measures to ration or allocate water. Mr. Martin then asked if that statement could be deleted, and Mr. Dodson said it could be prior to second reading. A brief discussion ensued. Responding to Council Member Heldenfels, Mr. Dodson said the Water Conservation Advisory Committee members would be further reviewing the rest of the plan. Council Member McNichols said that raising the Condition I trigger level to 40% is intended to alert citizens to an impending water shortage and to begin to make plans for it. He noted that the difference between today's situation and the drought of 1983-84 is that the Choke Canyon Reservoir is now on-line, providing for greater capacity. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCF Amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-156, Water Conservation and Drought Contingency Plan. 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 Items 11 and 12, taxicab certificates of convenience and necessity. She said Council Member Cooper would abstain from discussing or voting on both items. City Manager Garza briefly explained the present situation concerning the taxicab companies in the city, including a bankruptcy involving one of the companies. He said that staff was recommending deleting the requirement of convenience and necessity to obtain a certificate to operate a taxicab service; he said the market should determine the appropriate number of cabs. Mr. Garza said the city staff s focus should be on ensuring that the cabs are safe and clean and operated by financially responsible companies. Council Member Heldenfels said he agreed with the staffs recommendation in Item 11, saying the current system was overly bureaucratic. Council Member Martin asked if certain requirements, such as condition of the cabs and Minutes Regular Council Meeting March 26, 1996 Page 15 insurance, could be enforced without the certificates of convenience and necessity. Mr. Garza replied that the cab companies would still be obtaining their certificates to operate their cabs from the city and they would still be inspected. He said an issue of concern has been the amount of insurance the cab companies have been carrying. Mr. Martin said that by eliminating the convenience and necessity provision, there could be a tendency for cab service to deteriorate by becoming a part-time service, thus preventing almost all operators from earning a decent living. Responding to a question from Mr. Martin, Mr. Garza said the practice in other cities varies from strong regulation with a fixed number of cabs to no established number of cabs. He added that the cabs in Corpus Christi would still be required to have a radio service. Mayor Rhodes called for comments from the audience. Mr. Hal George, a local attorney representing Padre Island Shuttle, which operates American Cab Company, said it is one of two cab companies that is currently certified, licensed and operating legally. He said his client basically supports Item 11, saying the free market should determine the amount of cabs operating in the city. He added that companies should be required to show financial responsibility when they apply for an operators certificate. Mr. Les Cassidy, an attorney representing Mr. Sterling Branscum and about 15 former employees of Yellow Cab company, said his clients also support Item 11 because many of the cabs in Corpus Christi are owner/operated. But with the current system, they have to operate under the umbrella of a permit -holder. He said due to the bankruptcy situation, a crisis in cab service was narrowly averted by allowing some of the cabs to operate under a temporary certificate. Mr. David Moore said he used to drive a cab for Yellow Cab. He said if Item 11 were approved, it would flood the market with cabs and the operators would not be able to make money. Mr Pinkie Eldridge, owner of Pinkie's Taxi Company, said the number of cabs should be controlled, and he advocated mandatory drug testing. He also suggested that a board or committee be formed consisting of people familiar with the operation of cabs to make suggestions about their regulation. The owner of Star Cab Company warned against flooding the market with cabs. Mr. Abel Alonzo expressed concern about the reliability and responsibility of the cab operators. Mr. Heldenfels asked about the definition of a lease/owner. Mr. Eldridge said a lease/owner is a person who purchases a cab and then signs an agreement with a cab company owner to operate that cab on that line. A brief discussion ensued. Minutes Regular Council Meeting March 26, 1996 Page 16 Mr. Tom Castner said he has worked for Yellow Cab for three years, the last two years as an owner/operator. He said owner/operators provide better quality cab service than others. Mr. Martin said that if Item 11 were approved it would change a system that has been in existence for many years. He pointed out that the city sets the rates for cab service as well. He suggested that the Council approve the certificates of convenience and necessity as recommended in Item 12, and reconsider concerns raised about Item 11. Mayor Rhodes said Item 11 would be postponed at this time. 11. POSTPONED Responding to Council Member John Longoria, Mr. Garza said staff needs to find a better way of determining a company's financial stability while maintaining a sufficient level of insurance. Mr. Longoria then asked about mandatory drug testing, and City Attorney Bray replied that a city could probably require it, but he said he did not know whether it would be feasible. Mayor Rhodes and Council Member Black requested more information about the practices in other cities and the taxi situation in Corpus Christi. Mr. Martin made a motion to amend Item 12.e. as recommended by staff; the motion was seconded by Mr. Heldenfels, and passed unanimously. Mr. Martin also asked the City Manager to come back within about 30 days with a recommendation about the convenience and necessity provision after having discussed the issue with representatives of the cab companies. City Secretary Chapa polled the Council for their votes as follows: 12.a. RESOLUTION NO. 022516 Resolution authorizing the issuance of a Certificate of Convenience and Necessity to King Cab Company, Mr. Howard King, owner, for the operation of a maximum of five taxicabs within the City of Corpus Christi for a five-year period; subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs of the Code of Ordinances. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining. Minutes Regular Council Meeting March 26, 1996 Page 17 12.b. RESOLUTION NO. 022517 Resolution authorizing the issuance of a Certificate of Convenience and Necessity to Pinkie's Taxi Company, Mr. Pinkie Eldridge, owner, for the operation of a maximum of five taxicabs within the City of Corpus Christi for a five-year period; subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs of the Code of Ordinances. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining. 12.c. RESOLUTION NO. 022518 Resolution authorizing the issuance of a Certificate of Convenience and Necessity to Star Cab Company, Mr. Tommie Roy Cage and Mr. Joe Emanuel, owners, for the operation of a maximum of six taxicabs within the City of Corpus Christi for a five-year period; subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs of the Code of Ordinances. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining. 12.d. RESOLUTION NO. 022519 Resolution authorizing a Certificate of Convenience and Necessity to Classy Taxi Company, Mrs. Margarita Lopez, owner, for the operation of a maximum of five taxicabs within the City of Corpus Christi for a five-year period effective immediately subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs of the Code of Ordinances. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining. 12.e. RESOLUTION NO. 022520 Resolution authorizing the issuance of a Certificate of Convenience and Necessity to Branscum Transportation Service, Inc., dba Yellow Taxi Cab Company, Jack Sterling Branscum, President, for the operation of a maximum of fifteen (15) taxicabs within the City of Corpus Christi through April 9, 1996; subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs, of the Code of Ordinances; and continuing and deferring further proceedings. Minutes Regular Council Meeting March 26, 1996 Page 18 The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 13, mobile data system. Responding to a question from the Mayor, City Manager Garza said that since a funding source for the city's portion had not yet been identified, the proposal was conditional upon appropriation at a subsequent date. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. M96-075 Motion authorizing the City Manager to execute an agreement on behalf of the City of Corpus Christi with Ericsson, Inc. to upgrade the 800 MHZ radio system owned by the City of Corpus Christi, Nueces County, and the Regional Transportation Authority (RTA). The cost of the upgrade will be $700,000 of which $350,000 is to be paid by the City, $144,000 by the County, and $206,000 by RTA. 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 14, appointment of the Bicycle Subcommittee. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M96-076 Motion approving the request of the Transportation Advisory Committee for authorization to appoint a Bicycle Subcommittee to assist in obtaining public input for bikeways and safe and efficient bicycle transportation throughout the community. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting March 26, 1996 Page 19 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, new utility billing system financing option. City Manager Garza said during the previous presentation on this proposal, staff had recommended an outright purchase of the entire system, but the Council expressed a desire to finance it over a period of years. Consequently, staff reworked the proposal and determined the amount of the system that could be financed and which portion would need to be purchased. Responding to Council Member Best, Mr. Garza said this proposal would provide a much- needed modernization of the city's billing system. In reply to Council Member Black, Mr. Jorge Garza, Group Manager for Administrative Services, said the amount paid in interest charges would be $264,000 over five years. Mrs. Black questioned whether the city could afford the system at this time, and Mr. Garza said it could. Council Member John Longoria asked if the financing agreement allowed for an early payment of the debt, and Mr. Garza said that it did. Mr. Longoria said this billing system would result in better service for citizens. Council Member Martin asked several questions about the financing proposal. City Manager Garza said that the city will ultimately pay slightly more in interest charges than it will earn through the escrow account. Mr. Martin pointed out that under this approach, the city would be maintaining its emergency cash reserves. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15.a. M96-077 Motion authorizing the City Manager or his designee to execute a contract with the firm of HTE, Inc. for $2,050,950 to purchase a utility customer information and billing system and related services. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 15.b. RESOLUTION NO. 022521 Resolution authorizing the City Manager or his designee to execute a Master Equipment Lease/Purchase agreement with Diversified Lenders, Inc. to finance $1,771,000 of the Minutes Regular Council Meeting March 26, 1996 Page 20 purchase price for the utility customer information and billing system and related services; and authorizing the City Manager or his designee to execute such other documents as may be necessary or appropriate to implement this Master Equipment Lease/Purchase agreement, including an escrow agreement between the City, Diversified Lenders, Inc., and NationsBank of Texas, N.A. 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 the public hearing on the following zoning case: 16. Case No. 296-1. Deluxe Properties' A change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Gardendale Unit 2, Block 5, Lots 16A, 16B and 17, located on the southwest corner of South Staples Street and Curtis Clark 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 Heldenfels, and passed unanimously. Responding to Council Member McNichols, Group Manager Utter said that the business on this subject property was one of the sexually oriented businesses that was considered to have been in operation prior to December 27, 1995, which would allow it to be "grandfathered" if a pending ordinance regulating adult businesses is adopted. Dr. McNichols asked if the restaurant/night club could legally be established as a sexually oriented business in "B-1" zoning under the city's current regulations. Mr. Utter replied that it could under the condition of being a restaurant but not a bar. Mayor Rhodes said she would reopen the public hearing to allow the applicant to make a presentation. Mr. Clark Flato, representing the applicant, said the purpose of attempting to change the zoning on that property had nothing to do with its use. He said an individual owned three particular adjacent properties and wanted to make them compatible and competitive with the surrounding "B- 4" zoning. Responding to Council Member Martin, Mr. Flato said the individual also owned the transmission shop and the lot where Club Robert is located. A discussion ensued regarding the definition of a restaurant versus a bar. Mr. Martin pointed out that the action the Council took on this zoning application had Minutes Regular Council Meeting March 26, 1996 Page 21 nothing to do with whether there is or is not a topless bar at that location. Dr. McNichols added that the Council had to apply the zoning rules in this case in the same way they apply them in all other situations. Mayor Rhodes noted that the zoning change does not change the business's current usage, but she did not agree that that was a good "B-4" use. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022522 Amending the Zoning Ordinance upon application by Deluxe Properties, by changing the Zoning Map in reference to Gardendale Unit 2, Block 5, Lots 16A, 16B and 17, from "B-1" Neighborhood Business District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Rhodes and J. Longoria voting "No." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 17. Case No. 296-2. Intervest Corporation: A change of zoning from "R -1B" One -family Dwelling District to "A -1A" Apartment House District on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, 14.562 acres out of Lot 12, located on the east side of Lexington Road, approximately 235 feet south of South Padre Island Drive. Mayor Rhodes said the Planning Commission and staff recommended denial of the "A -1A" District, and in lieu thereof, approval of an "A-1" Apartment House District. 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 022523 Amending the Zoning Ordinance upon application by Intervest Corporation, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 28, 14.562 acres out of Lot 12, from "R -1B" One -family Dwelling District to "A-1" Apartment House District; providing for publication. Minutes Regular Council Meeting March 26, 1996 Page 22 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 18. Case No. 296-3. Albert P. Perez. A change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Laguna Acres, Block 6, Lot 10, located on the south side of Home Road, approximately 375 feet east of Elvira 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 Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE 022524 Amending the Zoning Ordinance upon application by Albert P. Perez, by changing the Zoning Map in reference to Laguna Acres, Block 6, Lot 10, from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 19. Case No. 396-6. Remington Retirement Community: A change of zoning from "R-2" Multiple Dwelling District to "A-2" Apartment House District on Holly Oaks Subdivision, Block 1, Lot 3, located on the north side of Meadowvista Drive, approximately 1,000 feet east of Airline Road. Mayor Rhodes said the Planning Commission and staff recommended denial of the "A-2" District, and in lieu thereof, approval of a Special Permit for an assisted -living facility subject to four (4) conditions. Minutes Regular Council Meeting March 26, 1996 Page 23 No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Council Member Martin said he was not opposed to the proposed use, but rather to the magnitude of the special permit because there was not an appropriate zoning classification for this use. Mr. Utter replied that the proposal consisted of considerably less dwelling units than would be allowable under "R-2." He said staff reconunended a special permit because it was acceptable to the developer and it will have very little intrusion on the adjoining neighborhood. He noted that there will probably be more of these types of developments being built in the future, and staff needs to study the issue to find a more appropriate zoning classification. Mr. Martin said he thought this was a good transition use adjacent to a neighborhood. Dr. McNichols pointed out that similar developments had been recently approved in other areas. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE 022525 Amending the Zoning Ordinance upon application by Remington Retirement Community, by granting a Special Council Permit for an assisted -living facility subject to four (4) conditions on Holly Oaks Subdivision, Block 1, Lot 3; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 20 through 31, and Council Members did not request any items be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 20. M96-078 Motion approving a supply agreement with Rio Linda Chemical Co., Sacramento, Ca. for approximately 314 tons of Technical Grade - Sodium Chlorite Solution - 37% in accordance with Bid Invitation No. BI -0121-96 based on low bid of $307,720. The term of the supply agreement will be twelve months with option to extend for up to two (2) additional twelve months subject to the approval of the supplier and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds Minutes Regular Council Meeting March 26, 1996 Page 24 have been budgeted in 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." 21. M96-079 Motion approving a supply agreement with Davis -McAllen Pipe and Supply, Corpus Christi, Tx. for approximately 9,805 brass service fittings, ranging in size from'/%" -2" in accordance with Bid Invitation No. BI -0135-96 for an estimated annual expenditure of $84,527.95 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 22. M96-080 Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas, for approximately 1,018 tons of liquid chlorine to be delivered in tank cars in accordance with Bid Invitation No. BI -0150-96 for an estimated annual expenditure of $292,675 based on an only bid. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 23. M96-081 Motion authorizing the City Manager or his designee to execute a contract with Thomas Lewis in the amount of $27,097 to demolish a substandard building at 1001 S. Port. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 24. M96-082 Motion authorizing the City Manager or his designee to execute a contract with RH Minutes Regular Council Meeting March 26, 1996 Page 25 Construction in the amount of $23,795 to demolish a city -owned two-story building at 1814 Howard Street. .4='tfnreaninn mntinn n.acer+A hat t1, f llnn,inn ,rnto• -- D . art �• r I. r rk i �c r.tac not Minutes Regular Council Meeting March 26, 1996 Page 26 Wynn Seale Area Street Improvements. Phase III 16th Street - Cole Street to South Staples 17th Street - Cole Street to South Staples 18th Street - Cole Street to Baldwin Blvd. Naples Street - 18th Street to South Staples; requiring the Director of Engineering Services to prepare and file plans and specifications; requiring the City Secretary to file notice in the Office of the County Clerk, Nueces County, Texas, as to the action herein; providing how such improvements shall be paid. 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." 27.b. ORDINANCE NO. 022528 Ordinance approving the written statement of the City Engineer of the various costs for the improvements of the following streets: Wynn Seale Area Street Improvements Phase III 16th Street - Cole Street to South Staples 17th Street - Cole Street to South Staples 18th Street - Cole Street to Baldwin Blvd. Naples Street - 18th Street to South Staples; determining the portion of said costs to be assessed against abutting property and the portion to be paid by the City; setting a public hearing on the preliminary assessment roll during the regular 2:00 p.m. meeting of the City Council on April 30, 1996, in the Council Chambers, City Hall, 1201 Leopard Street, Corpus Christi, 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." 28. FIRST READING ORDINANCE Closing and abandoning a 20.7 square foot area of a 7.5 foot wide utility easement in Lot 9, Block 2, Wood River Unit 10; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. Minutes Regular Council Meeting March 26, 1996 Page 27 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." 29. FIRST READING ORDINANCE Closing and abandoning a 100 square foot area of a 5 -foot wide utility easement in Lots 20 and 21, Block 8, Lamar Park - Section 2; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. 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." 30. FIRST READING ORDINANCE Closing and abandoning a 77.50 square foot area of a 7.5 foot wide utility easement in Lot 11A, Block 38, Kings Crossing Unit 1, Phase 1; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, 13. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 31. FIRST READING ORDINANCE Authorizing permits for frozen dessert push cart vendors to operate on public streets in residential areas subject to certain restrictions; providing for severance; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes announced that the closed session pursuant to Texas Government Code Section 551.074 regarding the selection process for the new City Manager would not be held. In her report, the Mayor refereed to proposals submitted by some executive search firms regarding the new City Manager. She said the bids were very similar and she narrowed the selection to two firms --Norman Roberts Company and Ralph Anderson Company --who will be asked to make a presentation to the Council in two or three weeks. She said it is estimated that a new City Manager would not be selected for about six months. Mayor Rhodes thanked City Secretary Chapa for his assistance. Minutes Regular Council Meeting March 26, 1996 Page 28 The Mayor then called for the City Manager's report. Mr. Garza said items scheduled for the April 9, 1996 Council meeting included: a presentation by the South Texas Military Task Force; and an appeal of suspension for cable access channel violation by the Coffee Club. The Community Development Block Grant program public hearing is set for April 16 at 6:00 p.m. Mayor Rhodes called for Council concerns and reports. Council Member Martin pointed out that an adult business recently opened outside Corpus Christi's city limits, and he asked that Nueces County officials be made aware of the possibility of other adult businesses opening in the county as well. He noted that that issue may affect the areas left out of the city's recent annexation program that are located very close to the city limits and to residential zoning. Mr. Martin also asked about a proposal to raise the speed limit on state highways located in the city limits. Mr. Garza replied that although the city does not have approval authority over state highway speed limits, staff was under the impression that they were going to be allowed to review the proposal before it went to the Texas Transportation Commission, and they were just as surprised to learn that it was placed on the commission's agenda for its March 28, 1996 meeting. Mr. Garza said that as a result, city staff voiced their objections to the staff of the Texas Department of Transportation's (TXDOT)District Office. Mr. Garza described the speed limit proposal made by TXDOT, and a lengthy discussion ensued. It was concluded that Mayor Rhodes would write to the Transportation Commission members asking them to defer action on this issue pending further discussion. Council Member Black asked for more information about administrative leave. Council Member John Longoria suggested that the city's legislative representatives be contacted regarding the issue of speed limits on state highways in the city limits. Mr. Longoria asked about the procedure for the Coffee Club's appeal, and City Attorney Bray stated that it was an administrative hearing. Council Member Betty Jean Longoria referred to a meeting being held in El Paso on April 1 to discuss possible consolidation of services that are provided by county and municipal government. Mr. Garza stated that in accordance with the Council's past policies on legislative matters, staff has approached that subject with the interest of protecting all of the city's authority. Mrs. Longoria also asked if there was a particular hearing concerning the Hallco permit that Council members should attend, and Mr. Garza said he would provide more information. Mrs. Longoria expressed concern about access to the Northwest Branch Library from the adjacent subdivision and about speeding on McKenzie Road. Minutes Regular Council Meeting March 26, 1996 Page 29 Council Member Cooper said over 30 people attended the Council on Neighborhood Associations meeting last week; she said the next meeting would be held on April 18. On April 4 there will be a training meeting for new neighborhood associations at City Hall, and the Youth Violence Task Force will have its first meeting March 28 in the Council Chambers. She thanked Police Chief Alvarez for his assistance. Council Member Best said that there was discussion at a meeting of the Texas Municipal League regarding the bridge and road tax. ************* Mayor Rhodes called for petitions from the audience. Ms. Diane Addison, 3533 Black Oak Dr., used a video and slides to describe how last April she was the victim of a rock -throwing incident on the Harbor Bridge that shattered part of her face, resulting in extensive reconstructive surgery and costly medical bills. A discussion ensued regarding the increasing frequency of such violence, and the Council members commended Ms. Addison for courageously bringing attention to this issue. Ms. Addison said action needs to be taken to prevent such violence occurring. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 7:25 p.m. on March 26, 1996. *************