Loading...
HomeMy WebLinkAboutMinutes City Council - 04/09/1996I 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 April 9, 1996, which were approved by the City Council on April 16, 1996. WITNESSETH MY HAND AND SEAL, this 16th day of April, 1996 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 9, 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. Jess Cole, Padre Island Baptist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. 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 announced that the applicant for the zoning case on Item 9 (Black Brothers Construction Inc.) had asked that their zoning request be postponed for two weeks. The Mayor then called for approval of the minutes of the regular Council meeting of March 26, 1996, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes said the first presentation on the day's agenda was recognition of two Padre Island National Seashore Superintendents: Mr. Butch Farabee and Mr. Pat McCrary. Mr. Tom Utter, Group Manager for Development Services, explained that Mr. Farabee, who has been the Seashore Superintendent for the last five years, was leaving to become the Superintendent at Glacier National Park. Mr. Farabee introduced his successor, Mr. McCrary, who has been working at Lake Meredith National Recreation Area for the last seven years. Minutes Regular Council Meeting April 9, 1996 Page 2 The next presentation was made by Mr. Loyd Neal, Chairman of the South Texas Military Facilities Task Force. He reviewed changes that have occurred at some military facilities the last few years, including base closures and realignments. He noted that Naval Air Station Corpus Christi retained its pilot training program, thereby continuing to contribute to the local economy. In addition, beginning next week the first increment will arrive of the Helicopter Mine Countermeasures Squadron 15; their arrival over the next two years will add 1,000 military payrolls to the economy. And the Inchon is scheduled to arrive at Naval Station Ingleside in July, adding another 1,100 military payrolls. He thanked the legislators, Council and staff for their support. Mr. Neal added that he will be representing South Texas as a member of the Texas Defense Adjustment Advisory Council, which was created by Governor George W. Bush. He discussed the need to maintain a proactive approach to Texas' military facilities, and noted that the members of that council will be touring the Corpus Christi Army Depot on April 15, 1996, which is the same day the welcoming ceremony will be held for the helicopter squadron at NAS Corpus Christi. The third presentation was made by Mr. R.T. Bruner, Director of Solid Waste Services, who discussed the Greater Texas Trash -Off to be held Saturday, April 13, 1996. The city will be working in conjunction with the Texas Department of Transportation, Keep Texas Beautiful and H -E -B. He invited the Council members to participate, saying that volunteers will be cleaning up about 42 blocks around City Hall and about 12 blocks on Corpus Christi Beach. Volunteers will also be participating in "mini -clean ups" around the city. The last presentation was given by Mr. Florencio Sauceda, Director of the Community Development Department. He described the "C-3" Cleaner Corpus Christi program, which is being established as a clearinghouse to coordinate different events and projects. The goal is to clean areas such as: neighborhoods, public areas, dilapidated housing, lots with high weeds, and streets and sidewalks. Mr. Sauceda said that through the use of "community partnerships," Corpus Christi can become a much cleaner city. Mayor Rhodes then read a proclamation designating April 13 as "Clean Up Corpus Christi Day." * ** * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Airport Advisory Board Eduardo Lopez (Reappointed) Faris Kirkland (Reappointed) Bonnie Pereida (Reappointed) Marylee Browning T Pipeline Review Panel Jim A. Simmons (Reappointed) Roland Albrecht (Reappointed) B.G. Harwell (Reappointed) Albert Espinosa Jr. (Reappointed) Robert Samaniego (Reappointed) Minutes Regular Council Meeting April 9, 1996 Page 3 Board of Adjustment Toni Tamez (Reappointed) Jesse Barrera (Reappointed) Diana Garza (Reappointed) Bill Bundy Ron Guzman Robert Huegele (Alternate) David Pursley (Alternate) Transportation Advisory Committee Mike Phillips (Reappointed) * * Housing Authority Augustin Rivera (Reappointed) Kathleen Morrison (Reappointed) Senior Companion Program Advisory Committee Dorothy Evans Water Shore Advisory Committee Roger Wright *********** Mayor Rhodes recessed the regular Council meeting for the meeting of the Workforce Development Executive Corporation. The Mayor reconvened the regular Council meeting. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, interlocal agreement for Workforce Development programs. Council Member Martin made a motion to approve the interlocal agreement, seconded by Council Member Best, and passed unanimously. 5. M96-086 Motion authorizing the City Manager to execute an interlocal agreement for the new "Coastal Bend Workforce Development Area" required under the new State law governing Workforce Programs The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, amendments to the Water Conservation and Drought Contingency Plan. Minutes Regular Council Meeting April 9, 1996 Page 4 Mr. James Dodson, Regional Water Director, said that two weeks ago the Council passed the first reading of an ordinance to amend the city's water plan by raising the Condition I trigger level from 28% to 40% of reservoir system capacity. Council members had raised questions about certain aspects of the plan, and staff recommended changing some of its language to make Section 2.1 of the plan consistent with Section 2.2 prior to the second reading of the ordinance. Mr. Dodson explained that Condition I was designed to do the following: inform and educate the public about the possibility of a water shortage; request voluntary reductions in water usage; and begin to implement the necessary measures if the next stage is imminent. Council Member McNichols noted that despite rain that fell over the weekend, there was no measured flow into the reservoir system, thereby not alleviating the city's concern about an impending water shortage as some had hoped. He added that the city of Austin is also very close to its trigger level for its drought contingency plan, and he reiterated the importance of proceeding with Corpus Christi's plan. Responding to Council Member Martin, Mr. Dodson said the trigger level for Condition II is 14% or 130,000 acre-feet. Mr. Martin questioned a recommendation made recently by the Water Conservation Advisory Committee that the Council enact Condition II of the drought contingency plan prior to May 1, thereby reducing the freshwater inflow targets as allowed in the Agreed Order. Mr. Dodson said he plans to discuss that issue further with the Council, with action at a future meeting. A discussion ensued regarding the timing of presenting certain recommendations to the Council and the implications associated with them. Mr. Martin went on to say that he totally disagreed with the interpretation of the Agreed Order by the Texas Natural Resource Conservation Commission (TNRCC) that all elements of Condition II would have to be implemented in order to qualify for reductions in inflow targets. Mr. Martin said the city's drought contingency plan allows for the City Manager to implement Condition II in a phased approach as deemed necessary. Mr. Dodson replied that he was continuing to have discussions with TNRCC officials about that issue, and he would reiterate the city's position on it. City Manager Garza said he would recommend to the Council that a planned, phased implementation of Condition II be approved and enacted prior to or on May 1, 1996. Mr. Garza also briefly explained how the freshwater releases were determined. Mr. Garza continued that the paramount objective should be to receive approval from the TNRCC for an interbasin transfer permit. Mr. Dodson explained that during their May 8, 1996 meeting, the TNRCC commissioners will be considering whether to grant the permit or to refer the city's application to a contested hearing. He asked that some of the Council members attend that meeting to demonstrate the city's concern about the permit. In reply to questions from Council Member Best, Mr. Dodson said the TNRCC consists of 1 Minutes Regular Council Meeting April 9, 1996 Page 5 three commissioners who are appointed by the governor, and the general impression is that they are supportive of the city's position. He added that people who have expressed opposition to the city's request for an interbasin transfer permit include members of the Corpus Christi Taxpayers Association, some environmentalists in Corpus Christi and within the basin of origin, and some who have water rights in the basin. A discussion ensued. Responding to Mr. Martin, Mr. Dodson said the attorneys working on the interbasin transfer permit were Mr. Doug Caroom, representing Lavaca-Navidad River Authority, and Mr. Tim Brown, who is working with Mr. Caroom on the city's behalf. Mr. Dodson added that if the permit application was referred to a hearing, the city would have to apply for a temporary permit to transfer the water. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he did not object to the action proposed on the day's agenda, but he asked if the city's drought contingency plan conformed to the plan the city agreed to in 1994 with the Texas Water Development Board. He added that the city should set an example with regard to water conservation by charging each city department for the utilities that it uses. And he suggested that industries be required to report the amount of water they are conserving. Mr. Dodson replied that the city's drought contingency plan does conform to the Texas Water Development Board's requirements. City Secretary Chapa polled the Council for their votes as follows: 6.a. M96-087 Motion to amend by changing Section 55-156 as approved on first reading by changing Section 2.1 of the Water Conservation and Drought Contingency Plan. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 6.b. ORDINANCE NO. 022529 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 second reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting April 9, 1996 Page 6 Mayor Rhodes opened discussion on Item 7, consideration of an appeal by the Corpus Christi Coffee Club and Reynaldo Madrigal on the decision of the Cable Communications Commission to uphold the decision of TCI Cablevision of Texas that a Coffee Club cable television program on the public access channel contained commercial advertising in violation of a city ordinance. Deputy City Manager Hennings explained that since the inception of the public access channel on cable television, commercial advertising has been prohibited, which he briefly explained. He said the access channel's operating guidelines define prohibited advertising as material which identifies a product, its seller, and its cost. The day's appeal concerned a violation of the operating guidelines by a program produced by the Corpus Christi Coffee Club. On a November 9, 1995 airing of the Coffee Club, the product identified was Texas Hispanic Magazine, the seller was identified as H -E -B stores, and the cost was given. Mr. Hennings then showed a video clip of that occurrence on the Coffee Club. Mr. Hennings said that TCI Cablevision of Texas, acting on a complaint, reviewed the tape and found that a violation had occurred and notified the Coffee Club, which appealed TCI's decision to the Cable Communications Commission. The commission held a hearing on January 8, 1996 and voted to uphold the decision of TCI. Mr. Hennings added that that type of violation probably occurs frequently on several of the long-standing programs on the public access channel, and staff expressed concern about the appeal process. He reiterated that while there are no easy answers, the public access channel needs to be kept free of commercial advertising. Replying to Council Member Martin, Mr. Hennings said the Council was considering whether to uphold TCI's and the Communications Commission's finding that the Coffee Club violated the commercial advertising prohibition, which would result in a "first strike" and a 10 -day suspension. He added that the operating rules contain a policy whereby if a program violates the rules twice, it would be suspended indefinitely from the access channel. In response to a question from Council Member Betty Jean Longoria, Mr. Hennings said this was the first time this situation had arisen. He added that much more attention has been focused on the public access channel since guidelines for its use were adopted several months ago. He added that this case was initiated following a complaint by another user of the public access channel. Mr. David Hughes, an attorney representing the Coffee Club, showed a video tape of the program in question and referred to information he distributed to the Council about this case. Mr. Hughes said he agreed that a product was identified and the name of the seller was given, but he contested the issue about the price. He said it is a violation to give the price of a product or service without also identifying at least three named alternative providers or sellers of the product or service. Mr. Hughes said that four alternatives were named in the program: two individuals, H -E -B, and the Minutes Regular Council Meeting April 9, 1996 Page 7 magazine's distribution department. He also argued that there was not a majority vote when the Cable Commission considered the appeal of this violation on January 8. Responding to Council Member John Longoria, City Attorney Bray referred to "Roberts Rules of Order," saying that generally what is required to pass a motion is a majority of those present and voting. He added that abstentions do not count one way or the other. In the case of the Cable Communications Commission, three people actually voted, and it took a majority of those voting to carry the motion. Mr. Longoria said he felt that the operating rules for the public access channel should be applied toward the host or producer of the access channel program, but not to guests on the program. He also said the time frame in which operating violations may occur, which is currently unlimited, should be restricted. In reply to a question from Mr. Longoria, Mr. Bray said there was no provision in the ordinance for the Council to make a finding that the Coffee Club violated the procedures but would be exempt from the 10 -day suspension. In order to do that, the Council would have to table this item and amend the ordinance. Mr. Longoria explained why he thought this was not an intentional violation. Mr. Bray and Mayor Rhodes noted that the Coffee Club's program is not a live broadcast and it was the producer's responsibility to be aware of the regulations and to edit the program if a violation did occur during the program's taping. The Mayor added that both TCI and the Cable Commission ruled that a violation had occurred, and she said the 10 -day suspension was a minor penalty. She said she agreed with Mr. Longoria that a time frame should be instituted. Responding to a question from Mr. Martin, Mr. Bray said that it was unusual for an ordinance not to leave some discretion with regard to a penalty. In reply to Mrs. Longoria, Mr. Rey Madrigal, host and co-producer of the Coffee Club program, said the producers review the program after it is taped to determine if there are any violations. He said the producers felt that no violations occurred in this case, although they have edited out violations in other instances. Mr. Martin said that it appeared that a violation occurred during the Coffee Club's November 9th show, but he said it seemed very minor since it happens so frequently and is often unintentional. He said he felt the penalty did not fit the violation. Mr. Martin added that if the Council could not uphold the ruling that a violation did occur but not penalize the Coffee Club, then the Council should rule that a violation did not occur with whatever caveats are necessary. Mayor Rhodes said she felt that a very clear violation had occurred where the speaker on the Coffee Club was selling a product (Texas Hispanic Magazine). She added that it is important for the city to protect against the sale of products on the public access channel. The Mayor said the Minutes Regular Council Meeting April 9, 1996 Page 8 violation committed by the Coffee Club should be upheld, but the ordinance should be amended to limit the time frame in which violations occur. Council Member Cooper said that when there is a rule that has no alleviation of the sentence, the rule should be strictly enforced as far as the requirements are concerned, and in that sense, she felt the program did not commit a violation by the specific rules set forth. She agreed that a time frame should be imposed, and she suggested that the Council not uphold the violation and amend the rules so they are more fair. Responding to Council Member Heldenfels, Mr. Bray said this instance illustrates how difficult it can be to define what violates the regulations. Council Member Best made a motion to table this item for three weeks to allow staff to make a recommendation about amending the ordinance to include a time frame for violations. He added that he felt the Coffee Club did violate the current regulations, and that TCI's and the Cable Commission's rulings should be upheld. Mr. Heldenfels seconded the motion. Mayor Rhodes said this issue should be sent back to the Cable Commission. The Mayor then called for a hand vote on the motion to table, and it passed by the following vote: Best, Black, Cooper, Heldenfels, B. Longoria, and J. Longoria voting "Aye"; Rhodes, Martin, and McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 396-1. Domingo and Elena Valadez: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Flour Bluff and Encinal Farm and Garden Tracts, Section 18, 4.12 acres out of Lot 29, located on the north side of Holly Road, approximately 120 feet east of Sean Drive. Mayor Rhodes said the Planning Commission and staff recommended approval; she added that a number of objections to this zoning change had been submitted and the 20% rule was in effect. Mr. Brandol Harvey, Director of Planning and Development, showed a video of the subject property and the existing adjacent land uses. He noted that all of the access to the subject property would be from Holly Road, which is currently a 21 -foot pavement section but is scheduled to become a 48 -foot arterial. He said the applicant suggested on the morning of the Council meeting that the zoning request be changed to a special permit for one acre of the property located on the southeast corner, fronting on Holly and farthest from the adjacent subdivision. He added that the applicant and staff would need about two weeks to develop a site plan that would show two dental Minutes Regular Council Meeting April 9, 1996 Page 9 offices, the means of access from Holly Road, additional landscaping and a screening fence. Responding to Council Member Martin, Mr. Harvey said the special permit would allow the Council to require additional landscaping and a screening fence, as well as some other considerations such as a set -back, that the basic "AB" Professional Office District zoning does not require. Mr. Martin expressed concern about enforcing a special permit in the future. Mr. Harvey pointed out that due to the 20% rule being in effect, it would take seven votes of the Council to approve or change any aspect of the zoning request. He said that from the Planning Department's perspective, approval of "AB" on the entire four acres gives the opportunity for a professional office complex to be developed --something other than a "strip center" consisting of one office fronting on a major arterial. He said that recommendation meets a number of objectives adopted by the City Council and the Planning Commission. In the same respect, one acre would be appropriate for rezoning to "AB" and does not require a special permit to be acceptable, although it is the Council's prerogative to go beyond staffs recommendation. Mr. Martin asked if a buffer such as a 25 -foot set -back could be required on the property adjacent to the neighborhood, and Mr. Harvey said that would require a special permit and it would be an even more protective use than had been considered thus far. In reply to Council Member McNichols, Mr. Harvey said the applicant was aware that if a special permit was granted, and the use of the property as a dental office terminated, the property would revert to the "R -1B" zoning. Mayor Rhodes called for comments from the audience. Ms. Dee Huber said the widening of Holly Road, while allowing for a better flow of traffic, will result in a deterioration of the adjacent neighborhoods because of the eventual location of many businesses along that street. She questioned the need to change the zoning on the subject property, saying there were many other locations in which a dental clinic could be built. Mr. Tom Kolp, 6814 Dorsey, was accompanied by his wife, Jill. He said that he and others initially were apprehensive about what would be built on the subject property, but they felt that the Valadez's plans for a dental office located on one acre looked respectable. He said he objected to rezoning the whole four acres to "AB." Mr. Paul Daniels, 6822 Lakeview Dr., said his property was adjacent to the subject property. He showed several pictures illustrating the large tracts located in the Lakeview subdivision. He gave several reasons why he objected to the zoning change, even on the one acre. He said that area should remain residential zoning. Minutes Regular Council Meeting April 9, 1996 Page 10 Mrs. Becky Daniels, 6822 Lakeview Dr., said the subdivisions adjacent to the subject property were very quiet and the neighbors had moved there to escape the bustle of city life. She also expressed concern about the safety of the children living in the area with what she said would be an increase in traffic from the dental clinic. Mrs. Daniels questioned the need for the clinic and whether medical waste would be a problem. Council Member Best asked if two votes could be taken on this case: one to rezone the whole four acres to "AB" and, if that fails, to rezone one acre with a special permit for the dental clinic. City Attorney Bray said that could occur. Mr. Joe Garcia, 645 McCall, distributed information about the clinic's plans and background information about the applicants, Drs. Domingo and Elena Valadez, whose dental specialty is prosthodontics (the replacement of missing teeth and oral structures with artificial devices). Mr. Garcia responded to concerns raised by the neighbors of the subject property. He said the idea of creating large residential lots on the owners' four acres is not desirable nor economically feasible, particularly after Holly Road is widened into an arterial. He showed pictures of other businesses that front on Holly Road and "co -exist" with adjacent residential areas. Responding to Mayor Rhodes, Mr. Garcia said that if the special permit is granted for one acre for the dental clinic, the other three acres would remain undeveloped at this time. Dr. Domingo Valadez described his specialty, saying that he does not perform surgeries but, rather, he and his wife design prostheses for patients. He said there has been misinformation about the plans for the dental clinic, and he and his wife personally visited with the neighbors to explain their intentions for the property. He pointed out that there are no maxillofacial prosthodontists practicing in Corpus Christi --patients needing that care have to be sent to San Antonio or Houston for treatment. In reply to Mr. Martin, Dr. Elena Valadez said that she and her husband had not been told that they would be able to rezone their property when they purchased it with the intention of building their clinic; they knew that there was risk involved. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Mayor Rhodes said she would not support a motion to rezone the whole four acres to "AB" because of the concerns raised by the neighbors, but she would support a special permit for the clinic. Dr. Best commented that if the remaining three acres are not included in the rezoning at this time, then almost certainly they would not be developed as one -acre residential tracts as the neighbors would like, but probably as multi -family housing. Minutes Regular Council Meeting April 9, 1996 Page 11 Dr. Best then made a motion to concur with the Planning Commission's and staff's recommendation to rezone the four acres to "AB," seconded by Council Member Heldenfels. A hand vote was taken on the motion and it failed to pass. Mayor Rhodes made a motion to deny zoning the four acres to "AB," and in lieu thereof, to grant a special permit for approximately one acre subject to a site plan for a dental clinic submitted to the staff; Dr. McNichols seconded the motion. Mr. Martin said that before approving the special permit, he felt the Council should see the site plan. He added that he would like the property to have a set -back on all sides. Mr. Bray said that in that case, the Council would need to table this zoning case until the site plan is completed, which will be brought back to the Council. City Secretary Chapa polled the Council, and the motion to grant a special permit for approximately one acre subject to a site plan to be approved by the Council passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." POSTPONED changing the Zermng-Map irnefere,.cc to I'1„urBluff a .d Enei..al farm and Catdei. Tra.,ts, Scotian -18 -14 ueres-oat-of Lot 29, fres "R ID" One family D.%elling-Distri,.t to "AB" I\of.,.,sier,al O€fcc District, p.e%ili..g fat puLli.,at;u,c Mr. Martin suggested that the site plan be shown to the neighbors as well, particularly those who had testified during this zoning case. * * * * * * * * * * * * * Mayor Rhodes reminded those present that Item 9, Black Brothers Construction Inc. zoning case, was being postponed for two weeks. POSTPONED * * * * * * * * * * * * * Minutes Regular Council Meeting April 9, 1996 Page 12 Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. C396-4. City of Corpus Christi: A change of zoning from "R -1C" One -family Dwelling District, "A -1A" Apartment House District, "AB" Professional Office District and "B-1" Neighborhood Business District to "R -1B" One -family Dwelling District on Yorkshire Estates, Block 4, Lot 21 and middle 754 feet of Lot 8, located on the west side of Lipes Boulevard, approximately 360 feet north of Yorktown Boulevard. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Responding to Council Member Martin, Mr. Utter said that both the Corpus Christi Independent School District and the city own the subject property, and district and city officials agreed that the city would be the applicant. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022530 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Yorkshire Estates, Block 4, Lot 21 and middle 754 feet of Lot 8 from "R -1C" One -family Dwelling District, "A -1A" Apartment House District, "AB" Professional Office District and "B-1" Neighborhood Business District to "R -1B" One - family 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 called for a ten-minute recess. * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting for the meetings of the Corpus Christi Community Improvement Corporation and the Corpus Christi Housing Finance Corporation. The Mayor reconvened the regular Council meeting. Minutes Regular Council Meeting April 9, 1996 Page 13 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 13 through 32, and Council Members requested that Items 14, 15 and 27 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 13. M96-088 Motion approving the purchase of 15,080 feet of copper pipe ranging in size from 3/4" - 2" from the following companies for the following amounts in accordance with Bid Invitation No. BI -0151-96 for a total of $18,312.40 based on low bid. San Antonio Plumbing Corpus Christi. Texas ('/d' and 1" pipe) $16,164.00 International Supply Corpus Christi Texas (2" pipe) $1,508.40 GRAND TOTAL - $18,312.40 Noland Co. Corpus Christi. Texas (1 %," pipe) $640.00 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 16. M96-091 Motion approving a supply agreement for approximately 15,000 plastic recycling bins in accordance with Bid Invitation No. BI -0159-96 with P & E, Inc., Dallas, Texas based on the low bid of $55,800. The term of the contract will be 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. These bins will be distributed by Solid Waste Services for use in the city-wide recycling program. Funds have been budgeted by Solid Waste Services for FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 17. M96-092 Motion approving a supply agreement with Longoria's Radiator Muffler - Brake Service, Corpus Christi, Texas for radiator repair for autos, pick-ups and trucks in accordance with Bid Invitation No. BI -0120-96 based on low bid for an estimated annual expenditure of $20,136. The term of the contract 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 Minutes Regular Council Meeting April 9, 1996 Page 14 City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 18. M96-093 Motion approving a supply agreement with Davis -McAllen Pipe and Supply, Corpus Christi, Texas for approximately 74,500 feet of C-900 and C-905 PVC pipe ranging in size from 6" - 16" in accordance with Bid Invitation No. BI -0152-96 for an estimated annual expenditure of $268,645 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, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 19. M96-094 Motion approving a supply agreement with Statewide Wrecker Service, Corpus Christi, Texas for wrecker service for city -owned vehicles and equipment in accordance with Bid Invitation No. BI -0078-96 based on low total bid for an estimated annual expenditure of $64,610. The term of the contract shall be for 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. Funds have been budgeted by Maintenance Services and the Fire Department in FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 20. M96-095 Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas for approximately 405 one -ton cylinders and 10 one hundred fifty pound cylinders of liquid chlorine in accordance with Bid Invitation No. BI -0157-96 for an estimated annual expenditure of $152,322.50 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, Heldenfels, B. Minutes Regular Council Meeting April 9, 1996 Page 15 Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 21. M96-096 Motion approving a supply agreement with Century Papers, Corpus Christi, Texas for approximately 796,000 trash can liners, ranging in size from 16 gallon to 55 gallon in accordance with Bid Invitation No. BI -0132-96 for an estimated annual expenditure of $30,404.90 based on low bid, best bid, and low bid meeting specifications. These liners will be used by various departments throughout the City. 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, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 22. M96-097 Motion approving a supply agreement with Centerline Industries, Inc., Ennis, Texas for approximately 8,500 gallons of pavement marking paint in accordance with Bid Invitation No. BI -0154-96 for an estimated annual expenditure of $50,820 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. Funds are budgeted in FY 95-96 by Street Services. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 23. M96-098 Motion awarding a contract in the amount of $105,637.19 to GCC Constructors for new restroom facilities at the Youth Sports Complex and Jaycee Field. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 24.a. M96-099 Motion authorizing the City Manager to execute Attachment No. 2 to Contract No. 7460005741-97 with the Texas Department of Health in the amount of $124,258 to provide immunization services. Minutes Regular Council Meeting April 9, 1996 Page 16 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 24.b. ORDINANCE NO. 022531 Ordinance appropriating a grant in the amount of $124,258 to fund immunization services by the Texas Department of Health Federal/State Grant Fund No. 162. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 25. M96-100 Motion authorizing the City Manager to execute an agreement with Norstan Communications, Inc. for telephone maintenance services for City Hall, the Police building, and the Service Center. The three year contract will cost $137,681 with two optional renewal terms of one year each for $52,728 and $55,680, respectively. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 26. RESOLUTION NO. 022532 Resolution authorizing the City Manager to submit a Community Outdoor Outreach Program grant application for up to $25,000 to the Texas Parks & Wildlife Department for outdoor education and recreation enhancements to the City's summer recreation programs. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 28. ORDINANCE NO. 022534 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. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Minutes Regular Council Meeting April 9, 1996 Page 17 29. ORDINANCE NO. 022535 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 second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 30. ORDINANCE NO. 022536 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 second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 31. ORDINANCE NO. 022538 Amending the Code of Ordinances 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 second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 32. RESOLUTION NO. 022537 Resolution requesting the Attorney General to release $175,000 designated by court order to study Beach Nourishment and Stabilization. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 14, purchase of 15 trucks. Minutes Regular Council Meeting April 9, 1996 Page 18 Responding to Council Member McNichols, Mr. Carl Crull, Group Manager for Public Works and Utilities, said vehicle manufacturers are generally flexible about making modifications to meet the individual customer's needs, such as features desired by Maintenance Services and the Water and Wastewater Departments for the truck -mounted sewer cleaner that would keep it "street legal" when it is fully loaded. Mr. Crull added that many of these pieces of equipment will remain in the city's fleet for over 10 years and they need to be usable. He said all of the 15 trucks will be used by Gas, Wastewater and Water Departments. Dr. McNichols asked about the status of purchasing a truck to fight brush fires, and City Manager Garza replied that staff is moving ahead with the specifications and will bring a recommendation to the Council before the end of the fiscal year. In reply to Council Member Martin, Mr. Crull said one of the vactor trucks is assigned to the stormwater activity in the Water Department for cleaning inlets and lines, and the other vactor truck is assigned to the Wastewater Department. Mr. Martin then asked about the two vactor trucks that are being replaced, and Mr. Crull said they are sold at auction. He added that there was no commitment to repay the cost of the stormwater vactor truck out of the drainage utility once it is established. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M96-089 Motion approving the purchase of fifteen trucks from the following firms in accordance with Bid Invitation No. BI -0138-96 based on low bid and only bid. The trucks are budgeted in the 1995-96 capital outlay as replacements except for one 12 -yard Dump Truck budgeted as additional. Padre Ford Cornus Texas 5 Units $132,185.00 Power Equipment Intl. Corpus Christi Texas 8 Units $495,870.36 TOTAL AWARD - $958,509.36 Underground, Inc. Pearland. Texas 2 Units $330,454.00 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. ************* Mayor Rhodes opened discussion on Item 15, purchase of ambulances. Minutes Regular Council Meeting April 9, 1996 Page 19 In reply to Council Member McNichols, Mr. Garza said one new ambulance will be purchased as a replacement vehicle and another ambulance will be refurbished and remounted. Dr. McNichols asked if there were plans to purchase another ambulance (including the assignment of another ambulance crew). Fire ChiefJ.J. Adame said EMS staff is compiling data of ambulance runs to determine the amount of coverage around the city. Dr. McNichols expressed concern about adequate ambulance service on Padre and Mustang Islands. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M96-090 Motion approving the purchase of one new ambulance, with trade-in and one remount ambulance, in accordance with Bid Invitation No. BI -0142-96 from the following based on low bid. The ambulances are budgeted by the Fire Department, EMS in the 1995-96 capital outlay as replacements. Taylor Made Ambulances Newport. Arizona New ambulance $65,650.00 A.R.S. Ambulance Repair Service Corpus Christi. Texas Remount ambulance $40,795.71 TOTAL AWARD - $106,445.71 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 27, aviation user fees. Responding to Council Member McNichols, Mr. Hennings said the aviation user fees go into the Aviation Trust Fund, but each one of the user fees does have a designated purpose. He said staff is concerned that the more the reauthorization of user fees is delayed, the less money will be available for grants to local governments. In reply to another question from Dr. McNichols, Mr. Hennings said that the city does not currently have any projects dependent upon these user fees, but it does have plans for future projects that would depend on the grant program. He said staff is hopeful that Congress will reenact the user fees, even if they do not resolve the federal budget situation at this time. Minutes Regular Council Meeting April 9, 1996 Page 20 In response to Council Member Martin, Mr. Hennings said the passenger facility charges are not affected and will continue to be collected. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 27. RESOLUTION NO. 022533 Resolution urging the U.S. Congress to reauthorize Aviation User Fees which provide funds for Airport Improvement Program Grants. The foregoing resolution passed 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 new City Manager selection, would not be held. The Mayor then called for the City Manager's report. Mr. Garza said that the issue of speed limits on state highways in the city limits was postponed and will be considered by the Texas Transportation Commission during their April 25, 1996 meeting. In addition, the city's Transportation Advisory Committee will review staffs recommendation during their April 10 meeting, which will be brought to the Council on April 16. He said he has also invited Mr. Tom Word, the Texas Department of Transportation District Engineer, to discuss the state's proposal. Mr. Garza said other items for the Council's April 16 meeting include: second reading on the adult business ordinance and the associated zoning ordinance; presentations by the manager search firms; and the Community Development Block Grant hearing beginning at 6 p.m. He said that during the next two weeks staff will also discuss water strategies. Group Manager Utter gave an update on windstorm building standards. He said that the House Interim Committee on Insurance will be holding a public hearing at 10 a.m. on April 12, 1996 at Texas A&M University -Corpus Christi to principally study the CATPOOL. He said CATPOOL is proposing new regulations that would raise the building code; however, a corresponding decrease in the rate is not being proposed, which will further reduce the availability of housing in this area. He said city staff, the Builders Association, insurance agents and consumer groups have concurred in opposing this proposal. In her report, Mayor Rhodes asked the Council to allow for two at -large representatives to be named to the Special Projects Committee for the Community Progress Partnership, and the Minutes Regular Council Meeting April 9, 1996 Page 21 Council concurred. Mayor Rhodes called for Council concerns and reports. Council Member Martin referred to the fact that an ozone action day had been declared for that day, and he asked if the city could continue to carry out street operations as long as they use diesel fuel and non -asphalt materials, and Mr. Garza said they could. Mr. Martin said that during the last Council meeting, there had been a misinterpretation about the state's street construction work on ozone action days; he pointed out that the state suspends that construction on those days. Mr. Martin also asked about a request for a list of other cities that have adopted ordinances regulating adult businesses, and asked if a closed meeting would be held to discuss collective bargaining, and Mr. Garza said it would. Mr. Martin also questioned a proposal about receiving relief from the Choke Canyon Reservoir debt. A brief discussion ensued regarding that proposal and a present value analysis of $30 million. Council Member Black said a resident in San Antonio had been killed by a large rock thrown through her windshield, and she noted that Ms. Diane Addison of Corpus Christi had described, during the Council's last meeting, her own harrowing ordeal in a similar incident. Mrs. Black said there is a campaign now to pursue the perpetrators of such violence and to educate the public about this issue. Council Member Heldenfels said he had received 798 calls from citizens since last October about renaming the Bayfront Plaza Auditorium after Tejano singer Selena Quintanilla-Perez. He noted that the renaming ceremony was scheduled next week, and he asked if there was anything that could be done to assuage the concerns of those who objected. Mayor Rhodes said there were just as many people who supported the renaming of the auditorium, and it was approved by a majority of the Council. Mr. Heldenfels said he and Mrs. Black had voted against it and he still opposed it. Council Member Best asked if the back taxes or current taxes on the old Frost Brothers building had been paid. Mr. Utter said he thought they were in the process of being paid, and he would provide more information. Dr. Best also referred to housing policies for public housing, particularly in the 78415 zip code area, which has been identified as a high -crime area. Council Member John Longoria asked staff to investigate ways to expedite the paying of traffic tickets, and Mr. Bray said staff was already doing that. He also suggested that the public be given more information about the kinds of trash that can be disposed of at the city's landfill. Council Member McNichols said there have been many 18 -wheeler trucks traveling on Ocean Drive, which is prohibited. Minutes Regular Council Meeting April 9, 1996 Page 22 Council Member Cooper commended Solid Waste Services for its recent newsletter, which included a coupon good for the disposal of one free load at the landfill. She added that there are at least seven new neighborhood associations that are being formed since the establishment of the Council of Neighborhood Associations. She said the next meeting would be held April 18, 1996 in the Council Chambers, with a presentation by the JET Team. She said there are several projects being considered by the Mayor's Task Force on Youth Violence. ************* Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:55 p.m. on April 9, 1996. ********* Minutes Regular Council Meeting April 9, 1996 Page 23 Case No. 396-2. Black Brothers Construction. Inc. • A change of zoning from "R -1B" One - family Dwelling District to "I-2" Light Industrial District on Saratoga Place, Block 1, north 660 feet of Lot 2, located on the west side of Sarah Drive, approximately 580 feet north of Saratoga Boulevard. Mayor Rhodes said the Planning Commission recommended denial, and staff's recommendation was approval. Council Member made a motion to close the public hearing, seconded by Council Member , and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: