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HomeMy WebLinkAboutMinutes City Council - 04/23/1996I 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 23, 1996, which were approved by the City Council on April 30, 1996. WITNESSETH MY HAND AND SEAL, this 30th day of April, 1996 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 23, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Dr. Jack Best Betty Black Tony Heldenfels Betty Jean Longoria John Longoria* Edward Martin Dr. David McNichols City Staff: Deputy City Manager Bill Hennings 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 McNichols. 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 April 16, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Ms. Belinda Munoz, a district executive with the Gulf Coast Council Boy Scouts of America, announced the Annual Scouts Show on Saturday, April 27, 1996. She said that local Cub Scout Packs, Boy Scout Troops, and Career Explorer Posts will be represented. Scouts George Garza and Todd Martin assisted in the presentation. Mr. R.T. Bruner, Director of Solid Waste Services, discussed the Master Composting Program that is offered in Corpus Christi in conjunction with the Texas Natural Resource Conservation Commission (TNRCC). Mr. Bruner introduced Mr. Bill Clark, TNRCC's Program Manager on Waste Composting Programs, who commended citizens and officials for their participation in the composting program. Then they distributed certificates to several people who had completed the Master Composting Program. Minutes Regular Council Meeting April 23, 1996 Page 2 Council Member Betty Jean Longoria asked about the Greater Texas Trash -Off held April 13, 1996. Mr. Bruner replied that although there were fewer participants this year, approximately 91/2 tons of trash was collected by three groups. Mr. Victor De La Cruz, Executive Director of the Housing Authority, and Mr. Augustine Rivera, Chairman of the Board of Commissioners, informed the Council about the new minimum tenant payment policy that was established by the federal government. He said that effective May 1, 1996, the minimum rent would be $25. He noted that Housing Authority officials would be meeting with several representatives of area social service agencies on April 25 to inform them of changes that would affect them and their clients. Responding to Mrs. Longoria, Mr. De La Cruz said he had learned that Housing Authorities throughout the country would be receiving at least 25% less funding, and as a result, local officials have been developing innovative ways to curb expenses, some of which he described. Council Member Martin asked if the federal government had dictated the May 1 effective date, and Mr. De La Cruz stated that the government's date was April 1, but due to state regulations, the Housing Authority had to give its residents 30 -day notices. *Council Member John Longoria arrived at the meeting. ************* Mayor Rhodes opened discussion on Item 4, recommendation by the Air Quality Committee. Deputy City Manager Hennings noted that the Air Quality Committee, which was appointed by the Council in January 1996, essentially completed its work last week with a vote to recommend that the Council approve the Flexible Attainment Region Memorandum of Agreement. The members appointed by the Council were Ray Allen, Tom Ballou, Gary Bushell, Tom Curlee, Andy Eberhard, and Norman Renfro, with Mr. Hennings acting as the chairman. About 20 other citizens took part in the meetings, and Mr. Hennings commended all of the committee members for their efforts to reduce the levels of ozone in Corpus Christi and surrounding communities. Mr. Hennings said the proposed agreement has two major elements that are immediately being implemented. The first is the installation of marine vapor recovery and control systems that will affect the loading of tank ships and barges in the port; in addition, uncontrolled loading activities are being rescheduled so that the emissions will not escape into the atmosphere. He said that was the single largest source of major industry emissions, and the industries have made commitments to greatly reduce that source of pollution. The second major element is the sale of cleaner -burning gasoline by local suppliers from May to September. Minutes Regular Council Meeting April 23, 1996 Page 3 Mr. Hennings said there were many other voluntary measures that were being taken to reduce air pollution, including the continuation of the Ozone Action Day program and contingency measures in the event that this area continues to experience exceedences (or even violations) of the federal air quality levels. Mr. Hennings referred to some proposed amendments to the memorandum of agreement which would better clarify it, as well as some possible changes to the air quality standards established by the Environmental Protection Agency (EPA). He continued that all of the local agencies that are parties to the agreement have approved it, with the exception of the Nueces County Commissioners Court, which will consider it next week. Following that, the agreement will be submitted to the EPA and TNRCC for approval. Both agencies have reviewed and commented on the preliminary draft of the agreement, and Mr. Hennings said he felt that both would approve it. Mayor Rhodes made a motion to amend the memorandum of agreement as proposed by staff; seconded by Council Member Heldenfels, and passed unanimously. Council Member Martin emphasized the importance of the agreement, saying it was a major accomplishment and step forward for the community. He thanked the committee members and noted that their participation was the equivalent of hundreds of consulting hours that produced the proposed agreement. Responding to a question from Mr. Martin, Mr. Hennings said the marine vapor recovery system being installed by Valero refinery costs $11 million. Mr. Martin noted that the industries' efforts to reduce emissions are voluntary and very expensive. He added that most citizens do not realize the extremely costly and inconvenient controls that will be avoided by Nueces and San Patricio counties retaining their attainment status. In reply to Council Member John Longoria, Mr. Hennings said all of the marine unloading activities are conducted at local refineries which have agreed to air quality controls. Mr. Longoria asked staff to ensure that the Port of Corpus Christi Authority does not have any independent docks which have not been included in the memorandum of agreement. Mr. Hennings added that the Port does have an ozone policy which is included in the agreement, and it addresses the scheduling of loading activities on ozone action days. Responding to another question from Mr. Longoria, Mr. Hennings said a violation consists of four exceedences within a three -calendar -year period on the same monitor; at this time, the urban airshed has one exceedence on one monitor and two on the other monitor within that time period. Mayor Rhodes thanked the committee members, and echoed Mr. Martin's comment that many citizens will not be aware of the impact of the committee's efforts. Minutes Regular Council Meeting April23, 1996 Page 4 Mayor Rhodes called for comments from the audience. Mr. Mike Carrell, Chairman of the Greater Corpus Christi Business Alliance, expressed the Alliance's appreciation to the committee members for their work, and he reiterated how important it is for new and existing businesses to maintain the area's attainment status. City Secretary Chapa polled the Council for their votes as follows: 4. M96-111 Motion approving a Flexible Attainment Region Memorandum of Agreement with the United States Environmental Protection Agency, the Texas Natural Resource Conservation Commission, and other units of local government for maintaining the National Ambient Air Quality Standards for Ozone. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, implementation of Conditions I and II of the city's Drought Contingency Plan. Deputy City Manager Hennings explained that on April 9, 1996 the Council adopted an ordinance amending the Drought Contingency Plan which placed the city in Condition I -Water Shortage Possibility. A press conference was held last week to announce the implementation of the following Condition I measures: mandatory water use reductions for city government operations; prohibition of water running in gutters or streets, information and education activities on drought management measures; and odd/even address lawn watering restrictions (which would have taken effect on April 25). However, the Water Conservation Advisory Committee met last week and recommended a more aggressive approach to lawn watering --restricting it to once a week with hand- held hose watering allowed on weekends. Mr. Hennings said that the committee also recommended banning the watering of lawns from 10 a.m. to 6 p.m., and to amend the Drought Contingency Plan again to change the trigger level for Condition II -Water Shortage Watch so that the city can go into Condition II prior to May 1, 1996. That action would allow the city to take advantage of the provision in the operating plan for the reservoir system that would reduce the pass-through requirement. Mr. Hennings also referred to some technical revisions to the drought contingency ordinance. Mr. James Dodson, Regional Water Director, said the purpose of going into drought Minutes Regular Council Meeting April 23, 1996 Page 5 contingency provisions is to reduce the consumption of water on a temporary basis and to increase the water supply by using every means available to find additional sources of water. He said the original plan called for odd/even lawn watering and the new proposal was to incorporate designated watering days, which he explained. He said it is estimated that as much as 60% of the water that is applied by sprinkler system during the mid-day hours is lost to evaporation, and the plan is designed to produce measurable water savings. Mr. Dodson also described proposed exceptions, although the 10 a.m.-6 p.m. prohibition against lawn watering would remain in effect every day of the week. He said the second major consideration on the day's agenda was to allow the trigger level for Condition II to be changed: when the combined reservoir system capacity is less than 40% but greater than 30%, then the City Manager can direct implementation of Condition II. He noted that since the current level is 36.1% and probably would be lower by May 1, the city would be able to go into Condition II at that time. He described the prohibitions or water restrictions that would be in effect during Condition II. Mr. Dodson also said that the city's water situation would need to be reevaluated, probably around July 1, and if conditions had not improved, the next step would be to appoint the Water Allocation and Review Committee (that is provided for under the plan) so they can begin addressing necessary procedures to implement Conditions III and IV. The situation would need to be reassessed near the end of the summer, and if reservoir system levels have continued to decline, the few remaining provisions of Condition II would be implemented if necessary. Responding to Mayor Rhodes, Mr. Dodson said staff has been planning several different ways to educate the public about the proposed water restrictions, which he described. He said the goal under Condition II would be to achieve a 15% reduction in water use. The Mayor also asked about a revision concerning the penalty clause, and City Attorney Bray replied that that was simply to have an enforceable ordinance. He added that the water ordinance currently contains penalty provisions. Mayor Rhodes made a motion to amend the Water Conservation and Drought Contingency Plan to include the technical revisions as proposed by staff; seconded by Council Member McNichols, and passed unanimously. Council Member Cooper asked if exceptions would be made for such areas as the Botanical Gardens. Mr. Dodson replied that the scheduling of watering days was based on the best information the committee received from members of the landscaping industry and irrigation businesses, who said that once -a -week watering for turf areas was sufficient. The exceptions that allowed for hand- held hose watering on weekends were designed for vegetation that needed watering more than once a week. Mrs. Cooper suggested that exceptions for particular entities such as the Botanical Gardens be made. Mr. Dodson noted that some city parks are so large that once -a -week watering was not Minutes Regular Council Meeting April 23, 1996 Page 6 feasible, so it was determined that they should be divided into different "addresses" so as to allow for watering of different sections on different days. He added that the Botanical Gardens and other entities should discuss their concerns with staff. Referring to Mrs. Cooper's concems, Council Member Martin said there were no provisions in the ordinance to make those exceptions, such as dividing up parks for watering on different days. He said those were common-sense approaches that were not provided for with the current language. Mr. Martin said he thought this item should be a two -reading ordinance rather than an emergency in order to provide for orderly implementation. Mr. Dodson noted that the other cities in the area would have to amend their own city codes to coincide with the ordinance that is approved by the Corpus Christi City Council. Mr. Martin asked if there were many water customers who use a mix of water, such as effluent with regular water, or well water with regular water. He said the 10 a.m.-6 p.m. prohibition against watering should be applied to all customers. Mr. Martin asked why there was a prohibition against using a controlled device (such as a bucket) to water vegetation. Mr. Dodson replied that previously the ordinance distinguished between watering turf areas and vegetation (which could be watered three days a week). He said the committee recommended combining those two elements and to only allow watering on one day per week; the exception of watering on weekends was added afterward. Mr. Dodson said the purpose was to raise awareness of this issue and to emphasize the importance of achieving measurable water savings. Mr. Martin asked that the Council be informed about any Condition II provisions that may be implemented at the discretion of the City Manager, and Mr. Hennings said they would be. Responding to a question from Mr. Martin, Mr. Bray said the charter provision concerning a 6% cap on utility rates per year regarded rates for revenue; it is outside that where a rate is adopted as a police power measure to reduce consumption during an emergency. Mr. Martin pointed out that the city's water contract with Lavaca-Navidad River Authority was upheld, and he congratulated staff. Mr. Martin asked about the May 1 implementation date, and Mr. Dodson said the intention was to demonstrate that Condition II was in effect by that date so there would be no question about the city's eligibility to take advantage of the drought provisions in the agreed order. Mr. Bray said the Council could adopt the proposal on second reading at its next meeting April 30 and publish it on May 1, which would satisfy the May 1 implementation date. Mr. Hennings said the Council could also approve on an emergency basis the portion pertaining to implementing Condition II ("Alternate B"), and then approve the rest of the ordinance on second reading next week. Council Member McNichols said it was important that citizens get serious about conserving water because of the possibility of a severe drought in the future. He added that the city has to Minutes Regular Council Meeting April 23, 1996 Page 7 demonstrate to the TNRCC that it is acting in good faith on this issue because other critical issues were being considered by that state agency, including the city's permit application for an interbasin transfer. Responding to Council Member John Longoria, Mr. Dodson said the current proposals did not affect Conditions III and IV, and the Water Conservation Advisory Committee is continuing to review the Drought Contingency Plan on a comprehensive basis with possible recommendations in the future. Mr. Longoria emphasized the importance of communicating the provisions of the ordinance to all citizens and entities in order to maintain the integrity of the city's efforts. Mr. Longoria asked about Alternate B, and Mr. Hennings said staff would need to announce that the effective date of implementation of the lawn water provision would be postponed until the Council determines the implementation schedule upon the second reading of the ordinance. Council Member Best asked about Condition I, and Mr. Dodson said that condition was designed to improve public awareness of the situation and to try to achieve voluntary compliance. Responding to another question from Dr. Best, Mr. Dodson pointed out that although the evaporation rate of the reservoirs cannot be controlled, water consumption can be, which was the purpose of the proposals. Mr. Dodson also commented that implementing Condition II at this time, thereby reducing consumption, was intended to avoid having to implement the more onerous provisions of Conditions III and IV. Dr. Best asked about water consumption by industries, and Mr. Dodson said that on a region - wide basis, industries use about 35% to 40%, and in the city about 40% to 45%; under the plan, there are no requirements on industries until Condition III. He said he has been meeting with industry representatives on ways to conserve water at this time. Mr. Dodson said that industries in this area are already very water efficient. He also commented about once -a -week watering versus watering once every 10 days. Council Member Black emphasized the importance of educating the public through several means, including public service announcements on television. Mrs. Cooper said that an amendment should be proposed prior to second reading of the ordinance to allow for exceptions to the lawn watering provisions that she had discussed earlier. Dr. McNichols reiterated that industries in this area are much more water efficient than industries in other parts of the state. Mr. Martin said that rather than having several exceptions, the ordinance should allow people to use hand-held or controlled watering devices. He also requested a status report on the city's wells. Minutes Regular Council Meeting April 23, 1996 Page 8 Council Member Betty Jean Longoria asked about an exception allowing watering of newly planted vegetation for 14 days, and Mr. Dodson said the time period of 14 days was based on recommendations by members of the nursery industry. She said that establishing a once -a -week watering schedule (as opposed to odd/even days) could be efficiently carried out, particularly by people with automatic sprinkler systems. Mr. Dodson introduced Ms. Carola Serrato, Executive Director of the South Texas Water Authority and a representative of the Water Conservation Advisory Committee. Ms. Serrato said the South Texas Water Authority services the communities of Kingsville, Bishop, Driscoll, Agua Dulce, Banquete, Ricardo, and two rural water supply corporations. She said officials from those areas have all expressed a willingness to comply with the ordinance because they realize that this is a regional issue. She said she has also talked with Mr. Jim Naismith, Director of the San Patricio Municipal Water District. She said the committee members have attempted to balance not only the needs of the municipal/industrial/residential customers, but the environmental concerns as well. The most important aspect is to use water in the most efficient way possible. Mayor Rhodes called for comments from the audience. Mr. Mike Carrell, Chairman of the Alliance, said that from the perspective of retaining existing businesses and recruiting new businesses, he was concerned with provisions in Condition II and particularly the effects of Conditions III and IV. He asked that the Alliance members be allowed to study the issue before the Council votes on it. Mayor Rhodes said there was very little time to do that. Dr. McNichols said great care was taken in drafting the proposal to take into consideration the concerns of businesses, which he briefly explained. Ms. Dee Huber suggested that residents be encouraged to reduce their water consumption by 10% in the same way that businesses have been asked to do so. Mr. Ron Marek, Chairman of the Mechanical/Plumbing Advisory Board, said the board members have been trying to determine guidelines with regard to the capture and use of "gray water" (water used in showers and washing machines). Mayor Rhodes asked staff to respond to Mr. Marek, and Mr. Hennings said they would. Ms. Pat Suter, representing the Sierra Club, expressed concern about implementation of Condition II. She said that would cut off freshwater to Nueces Bay at a critical time for juvenile fish and shrimp. She said the health of the bay directly affects the fishing and shrimping industries, as well as tourism. Ms. Suter added that there were no provisions for returning to the original pass- through targets. Mr. Bray replied that under the agreed order itself, the city could not receive any relief from the freshwater release targets if the reservoir system capacity is over 40%. Mayor Rhodes asked staff to contact TNRCC to determine if additional language was needed in the ordinance. Minutes Regular Council Meeting April 23, 1996 Page 9 Mr. Leon Perez, 904 Buford, criticized the construction of the Choke Canyon Reservoir, saying it has resulted in a huge debt and evaporation problems. He also asked why the refineries cannot use desalinated water. Mr. J.E. O'Brien, 4130 Pompano, referred to the Water Utility Cost of Service Rate Study printed in 1990. He also said that city departments have not contributed any funds to drainage costs, and he said the industrial rate structure should be reviewed. Mr. O'Brien said city staff should also be examining the allowance used in connection with utilities. Council Member Heldenfels referred to Mr. Carrell's comments about the need to have time to study the proposed provisions, adding that that indicated the necessity for having two readings on this issue. Mr. Heldenfels also commented that he thought the agreed order dictated that water be released once the 40% level was passed, and he reiterated the refineries' efficient use of water. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 022555 Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-156, Water Conservation and Drought Contingency Plan; providing for penalties. 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." 5.a. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Sections 55-151 and 55-156, Water Conservation and Drought Contingency Plan; providing for penalties. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Mr. Dodson then provided an overview of the permitting process for the trans -basin diversion from Lake Texana to Corpus Christi. He said that the city has groundwater supplies that can be put into service to augment the supplies in the Choke Canyon -Lake Corpus Christi reservoir system. In addition, the city now has in place the contract with the Lavaca-Navidad River Authority (LNRA) for the purchase of up to 42,000 acre-feet a year of water from Lake Texana. In their long-term Minutes Regular Council Meeting April23, 1996 Page 10 planning, staff thought that the Lake Texana water would not be needed for another five to 10 years; however, this kind of a drought was not anticipated. Mr. Dodson said that since the city's contract with LNRA has been upheld by the state Supreme Court, the next step is to obtain the necessary permits from TNRCC to allow the interbasin transfer of water. He said LNRA filed for that amendment to their permit last October and TNRCC is scheduled to consider it on May 8, 1996. At that time, the commissioners can either grant the permit as requested, or refer it to a hearing. He said that the city and LNRA have been making every effort to ensure that the permit is issued on May 8, including resolutions passed by different cities. Staff will bring a resolution to the Council next week for their approval. He encouraged Council members, industry representatives and citizens to attend the TNRCC meeting on May 8 in Austin to demonstrate their belief that this is a regional issue of tremendous importance. Mr. Martin agreed that it was important to emphasize the regional aspect of this issue. He also asked for a copy of a letter from Mr. David Counts, Chairman of the House Committee on Natural Resources, to Mr. Barry McBee, TNRCC Chairman, as well as a list of people who have filed objections to the permit. Mr. Martin then asked if a permit had been filed to use water from the Garwood Irrigation Company. Mr. Dodson replied that the city is continuing under the option contract. Responding to Dr. Best, Mr. Dodson said that if additional water from Lake Texana and Garwood was available, Corpus Christi would not be facing the water shortage it is now; there would be an additional 70,000 acre-feet a year of firm yield available. Dr. Best said that any relief the citizens can receive in this water shortage will benefit the environment as well, and he encouraged the Sierra Club and other organizations to work with the city in trying to alleviate the problem. In reply to Mr. Longoria, Mr. Dodson briefly described the groups which had filed objections to the interbasin transfer permit. * * * * * * * * * * * * * Mayor Rhodes called for a l0 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, taxicab certificates of convenience and necessity. Mr. Carl Crull, Assistant City Manager of Public Works and Utilities, said that since the Council considered this issue on March 26 and April 16, staff had met with the taxicab owners, some 1 Minutes Regular Council Meeting April 23, 1996 Page 11 of whom favor the removal of the necessity requirement. Mr. Crull noted that the Council members had been given a report prepared by the International Taxicab Foundation. He said staff was recommending a "middle of the road" approach: while eliminating the necessity provisions from the ordinance, the city would still retain control of the taxicab industry through the health and safety provisions by the inspection of the cabs, requiring a minimum of five cabs to enter into the market, and control of the maximum fares that could be set. During their meeting last week, some of the cab owners raised concerns which staff addressed in the proposal, including increasing the waiting time charge from $12 per hour to $24 per hour. Mr. Crull said there were differing views on the insurance requirements, so staff is still investigating that with a recommendation to follow on a future date. He noted that there were some applications for certificates of convenience and necessity pending, and if the day's ordinance did not pass, those applications would be brought back to the Council. If the ordinance did pass, staff would issue the permits administratively. Council Member Heldenfels said it appeared that the cab owners wanted less government involvement. Mr. Crull said staff had conducted a survey of the policies in different Texas and Florida cities, and although some still had the necessity language in their ordinances, they basically let the free enterprise system determine the maximum number of cabs that are operating, while most cities did maintain control over the cabs with regard to cab age, cleanliness, drivers' permitting, etc. Mayor Rhodes called for comments from the audience. Mr. Les Cassidy, an attorney representing Branscum Transportation Service, explained why his client supported the proposed ordinance. He said the free market system had already determined the maximum number of cabs in Corpus Christi. Mr. Hal George, an attorney representing American Cab, said they opposed enacting this ordinance on an emergency basis. He said that if the present ordinance could not remain in place, he suggested that a cap be placed on the total number of permits that any individual may have. He also said there should be a limit of 15 permits for any new company that goes into business in a year, in order to prevent a "predator" situation. He explained that it took his client three years to increase their number of cabs. Mr. David Moran, President of Angel Industries Inc., said his company was requesting to operate 35 Yellow Checker Cabs, which would allow all of the employees to return to work. He said the cabs have been released by the bankruptcy trustee and as long as they are fully insured, they could operate once the judge signs over the title to Angel. He said he did not support the proposed ordinance because of the predator situation. Mr. Pinkie Eldridge, owner of Pinkie's Taxi Company, said there should be a cap on the Minutes Regular Council Meeting April23, 1996 Page 12 maximum number of cabs but the necessity provision should be eliminated. He said that as long as a company is providing good service, it will survive. Responding to Council Member Best, Mr. Crull said that up until Yellow Cab declared bankruptcy, it had about 27 cabs on the street and had been granted 60 permits. Dr. Best said that in order to eliminate the predator problem, the city should have a cap of 35 cabs per company. Mr. Crull pointed out that many cab companies have a core clientele which would not be affected by a "predator." Dr. Best made a motion to limit the number of permits for each cab company to 35, with the understanding that once they reached that number, they could reapply for more permits. The motion died for lack of a second. Mr. Heldenfels said he thought some of the cab owners' concerns about a predator situation developing were legitimate. City Attorney Bray said that Mr. George's suggestion of limiting the number of cabs that could be added to a certificate during any one year would probably alleviate that problem. A brief discussion ensued. Responding to a question from Mr. Heldenfels, Mr. Bray said the ordinance was proposed on one reading because a decision needed to be made about whether to have hearings on the pending applications. Mr. Crull pointed out that staff would still be making additional recommendations to the ordinance. Council Member Black said she favored the proposed ordinance, and she said there were controls in the cab business as there are in any other business. Council Member Martin asked how much the charge would be per cab under the proposed ordinance. Mr. Crull replied that the street use fee would be $100 per quarter for each permit. Mr. Crull said he thought the number of cabs would remain the same if the ordinance was approved. Mr. Martin said he thought part of the problem was that staff was not enforcing the existing ordinance in terms of inspection and other issues. Responding to a question from Mr. Martin, Mr. Bray said the proposed ordinance contained a provision whereby the applicant (which includes every person with a 10% or greater ownership interest) would have to give a sworn statement that there does not exist an unsatisfied final judgement against the applicant. Mr. Martin said the cab operators should understand that the ordinance was the result of their inability to come together as an industry. He said he did not think the ordinance was satisfactory, and he suggested that the cab operators come together with one voice. Minutes Regular Council Meeting April 23, 1996 Page 13 Mayor Rhodes said that many of the issues raised still needed to be settled with future recommendations. She said she thought the free enterprise system should be allowed to work. The Mayor asked if other cities had a provision to safeguard against a monopoly being formed, and Mr. Bray said staff had not found such a provision. She echoed Mr. Martin's suggestion about the cab operators forming an organization to present their concerns. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 022546 Ordinance amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles For Hire, Article II, Taxicabs, to amend requirements for obtaining a certificate to operate taxicab service; to delete the requirement of convenience and necessity to obtain a certificate; to amend the administrative process for taxicab certificates; to delete the self insurance section; to increase the maximum waiting time charge from $12 an hour to $24 an hour; and other changes related to taxicab regulation; providing for severability; providing for publication; and providing for penalties. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, Bands by the Bay Unite music festival. Responding to Council Member John Longoria, Mr. Malcolm Matthews, Director of the Park and Recreation Department, said the city had not waived fees for music festivals in the past because previous events were not related to the city. He said that since this event was a fundraiser for a city function, staff was trying to maximize the amount of money raised by waiving approximately $1,200 in fees. Mr. Longoria asked if the same consideration would be given to another organization under the same circumstances in the future, and Mr. Matthews said they would if that organization was giving funding to the city. He added that in this case, staff was limiting what the organization could charge as expenses to the gate fee of no more than 50%. Mr. Longoria then asked how the funds would be used, and Mr. Matthews explained that on April 9, 1996, the Council, acting in its capacity as the Corpus Christi Community Improvement Corporation (CCCIC), approved the establishment of an account within the CCCIC as a depository of donated funds for use by the Mayor's Task Force on Youth Violence. Minutes Regular Council Meeting April 23, 1996 Page 14 Mr. Longoria said he did not object to waiving the time constraints but he was against waiving the fees. He also asked what individuals or groups comprised Bands by the Bay. Mr. Matthews explained that Bands by the Bay consisted of three businesses --Pier 99, Elmo's Boathouse, and the Blue Ghost Landing --and the insurance was provided under their name. Mr. Longoria pointed out that they were not a non-profit organization. Mr. Matthews said the intent was that they would provide funding to the Mayor's Task Force for distribution by the Council. Mr. Matthews added that there would be a $3 gate fee charged at the music festival, and staff was anticipating that 5,000 people will attend; they anticipate that $6,000 to $8,000 may be made for the task force. Mr. Longoria asked if the organizers could just pay the fees, and Mr. Matthews said they could, but staff was trying to maximize the amount of funding to go to the task force. Mr. Longoria said that fundamentally this proposal was wrong, adding that the Council should not waive fees for a for-profit organization. Mayor Rhodes replied that there was some precedent for it; for example, H -E -B is not charged for the use of the Bayfront Plaza when they have the Christmas dinner. Council Member Cooper said the funds would be used as seed monies for the prevention of youth violence. She said that the task force, which she chairs, is establishing a committee to review applications from grassroots organizations who are creating mentoring and other types of programs. She said there would be strict review and auditing processes. In addition, the music festival would raise the awareness of trying to prevent youth violence through the media attention it will receive. Mr. Longoria pointed out that the restaurants will be making a profit from the sale of food and liquor during the festival that they are not donating to the task force. Council Member Martin suggested that the Council not waive the fees, and pass a resolution that the city donate the revenue from the fees to the task force. He said in that way the city would not be setting a precedent and the task force would still receive the funds. Mayor Rhodes called for comments from the audience. Mr. Mike Halston, owner of Pier 99, asked if the fees would be taken out of the revenue made at the gate, and then go to the task force. Mayor Rhodes said that was correct, and Mr. Halston said they did not object to that proposal. Referring to comments by Mr. Longoria, Mr. Halston said the Memorial Day weekend was one of the restaurants' busiest weekends, and his restaurant has opted to close during the festival except during lunch. He said they have invited all of the food vendors on Corpus Christi Beach to participate and they would be charged $200 each. Mayor Rhodes said she appreciated the owners' efforts to raise the funds for the task force. Ms. Dee Swearengin, 2621 Meadow Wood, said she was the music coordinator for the Minutes Regular Council Meeting April 23, 1996 Page 15 festival. She said she has been involved in the music industry for years, and her involvement in the event was both personal and professional. In 1993 she lost her only brother, a former policeman, due to an act of youth violence, and she wanted to try to prevent future youth violence. Mr. Martin made a motion to retain the payment of the fees by the sponsor of the event (out of the gate receipts), and to direct that those fees be paid into the CCCIC's depository for use by the Mayor's Task Force on Youth Violence; Council Member McNichols seconded the motion. City Secretary Chapa polled the Council for their votes on the motion to amend, and it passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." City Secretary Chapa then polled the Council for their votes as follows: 7. ORDINANCE NO. 022547 Ordinance waiving certain time constraints in Chapter 33, Article V, Outdoor Music Festivals, for a Bands By The Bay Unite Music Festival fundraising event for the Mayor's Task Force on Youth Violence; providing for severance. An emergency was declared and the foregoing ordinance passed, as amended, 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: 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. (This case was tabled by City Council on April 9, 1996.) The Mayor asked if the applicants had submitted a site plan, and Mr. Tom Utter, Assistant City Manager for Development Services, said they had, and Mr. Brandol Harvey, Director of Planning and Development, distributed a copy of an amended site plan. Mr. Harvey explained that the proposed modifications would increase the front yard, thereby Minutes Regular Council Meeting April 23, 1996 Page 16 increasing the landscaping; increase the side yard next to the residential property that fronts on Lakeview Drive so that there will always be a minimum of 25 feet between the property line and any structures; site lighting would be directional to prevent glare to adjacent properties; and the single driveway allowed could be located anywhere within the property designated as Phase I. Mayor Rhodes asked if the applicants had agreed to the revised site plan, and Mr. Harvey said they had. Mayor Rhodes called for comments from the audience. Mr. Paul Daniels, 6822 Lakeview Dr., said that he thought the Planning Department was supposed to contact the neighbors about the site plan, and he had not heard about it until he picked up a copy of the agenda the day before. He asked that the Council table this zoning case until he had an opportunity to raise his concerns. Mr. Utter apologized and said that had not been his understanding of the situation. The Mayor said this case would be postponed. She added that even though Mr. Daniels had a long list of requirements, that did not necessarily mean they would all be adopted into the final site plan. She emphasized that he would be negotiating with the applicants themselves. Council Member Heldenfels said Mr. Daniels should have contacted staff once he had not heard any more about the case. POSTPONED changing the Zoning Map in rcfcrcncc to Flour Bluff and Encinal Farm and Cardcn Tracts, Section 18, 4.12 acres out of Lot 29; -free.. "R 1B", One-fai..ily Dwelling Diatriet-to "AB" Professional Offe.. Distiiet; preril:ng- i 1-publicati„ c ************* Mayor Rhodes opened the public hearing on the following zoning case: 9. 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 the staff recommended approval. (This case was tabled by the City Council on April 9, 1996.) She added that the 20% rule was still in effect. City Secretary Chapa said that Council Member Black had filed a disclosure affidavit stating T Minutes Regular Council Meeting April 23, 1996 Page 17 that she would not discuss or vote on this matter. He said her abstention reduced the number of votes that would be needed under the 20% rule to six votes. Mr. Harvey showed a video and maps of the subject property, and described the current land uses. Mayor Rhodes asked why the Planning Commission had recommended denial. Mr. Harvey replied that a number of people who were opposed to the zoning case had attended the Planning Commission hearing, but the applicant was not present. The Planning Commission made a motion to approve the zoning, and that motion failed; no further motion was forthcoming, so the Planning Commission's recommendation technically was for denial. Mr. Harvey added that the situation had changed since the Planning Commission hearing -- there was only one person in opposition now. He said the 20% rule still applied because the property owner who opposed the request owned 22% of the notification area. Council Member Martin asked about the zoning designations of the surrounding properties, which Mr. Harvey described. He also pointed out where the Accident Potential Zone was located in relation to the subject property, which was one of the reasons that the Westside Area Development Plan called for this area to transition from residential zoning to industrial. He said it was staff's recommendation that the subject property and surrounding properties (which form a "horseshoe" effect) be zoned "I-2." Mayor Rhodes called for comments from the audience. Mr. Julius Zdansky, Rt. 3, Box 360, referred to the map and said he was opposed to this zoning case because residential properties were adjacent to the subject property and they should remain residential. He said a health study should be conducted about the possible use of the property as an asphalt contracting company. He also asked if an incentive had been offered to the property owners who had changed their positions and now supported the zoning application. Mr. Utter said that if they wanted to have their properties rezoned to "I-2," then the city would be the applicant for that case (meaning the property owners would not have to pay for the zoning application). Mr. Zdansky pointed out that Sarah Drive was an unimproved street. Mr. A.W. Laurel said he has lived on Mr. Zdansky's property for 15 years, which is adjacent to the subject property. He expressed concern about his daughter and other children who may be affected by the use of the property. Mr. James Messer, 6325 Preakness Circle, said he opposed the zoning application because it would place his family and others in danger of any kind of industrial accident, particularly due to the prevailing winds. Mr. Bob Black, the applicant, referred to letters from Mr. Joe Kubala, the owner of some Minutes Regular Council Meeting April 23, 1996 Page 18 adjacent property, who said he would be willing to rezone his property to "I-2," and from Mr. Donald Hammond, who said he no longer objected to Mr. Black's zoning request. He said residents in a nearby subdivision had been told that if Black Brothers Construction was able to rezone the property to "I-2" it would result in the production of foul-smelling dust. Mr. Black said he did not intend to construct an asphalt plant on that property, and he noted that "I-2" contained certain restrictions. Responding to Council Member Heldenfels, Mr. Black said he hoped to sell the part of his property that he was trying to have rezoned, and he would retain the portion that fronts on Saratoga Boulevard. Mr. Heldenfels asked if Sarah Drive was a dedicated road, and Mr. Utter said it was. He added that "I-3" zoning and an additional permit would be required for an asphalt plant to be built. Council Member Martin made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Mr. Martin said that most of the uses allowed in "I-2" are not necessarily objectionable uses and no hazardous materials would be allowed. Responding to a question from Mr. Martin, Mr. Harvey said the subject property would have to be platted if it was sold; in fact, it has already gone to the Planning Commission and been approved, which will involve improvements to Sarah Drive. Mr. Martin pointed out that paving Sarah Drive would increase the value of the property. In reply to Council Member Betty Jean Longoria, Mr. Harvey said staff has indicated that in order to implement the comprehensive plan, that if all of the residentially zoned properties wanted the city to initiate a rezoning at the city's expense, it would. He said it would be the Council's prerogative to do part of that, if it chose. He said that by rezoning to "I-2," it increased the marketability of the property. Council Member John Longoria asked what the worst possible use could be for the property under "I-2" zoning. Mr. Harvey replied that it would be insecticide and disinfectant packaging; blending of inert compounds is allowed under "I-2." Mayor Rhodes acknowledged that this was a difficult zoning case, but she pointed out that much of the surrounding properties were already zoned "I-2," and she would support the zoning request. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022548 Amending the Zoning Ordinance upon application by Black Brothers Construction, Inc., by Minutes Regular Council Meeting April23, 1996 Page 19 changing the Zoning Map in reference to Saratoga Place, Block 1, north 660 feet of Lot 2 from "R -1B" One -family Dwelling District to "I-2" Light Industrial District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria voting "No"; Black abstaining. Council Member Best made a motion to direct staff to initiate the process at the city's expense and bring back to the Council for consideration to rezone the adjacent properties to "I-2." The motion was seconded by Mrs. Longoria and it passed. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 17, and Council Members requested that Item 10 be withheld for discussion. City Secretary Chapa said that Council Member Martin had filed a disclosure affidavit on Item 13, and he would abstain from discussing or voting on that matter. Mr. Chapa then polled the Council for their votes and the following were passed: 11. M96-114 Motion approving the purchase of four sludge containers, with dollies, in accordance with Bid Invitation No. BI -0178-96, from Wastequip May Fab, Beeville, Texas, for the total amount of $28,115 based on only bid. The containers and dollies will be used by Wastewater Services Department and are budgeted in the 1995-96 Capital Outlay as replacement items. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 12. M96-115 Motion approving the purchase of one tow truck, in accordance with Bid Invitation No. BI - 00171.1 -96, from Southwest Lift, Inc., Corpus Christi, Texas, based on the low bid of $22,868. The truck will be used by the Wastewater Services Department and is budgeted in the 1995-96 Capital Outlay as replacement equipment. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Minutes Regular Council Meeting April 23, 1996 Page 20 Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 13. RESOLUTION NO. 022549 Resolution authorizing the resale of Lot 5, Block 3, Island Fairway Estates Replat, for at least $110,000 and authorizing County Judge Richard M. Borchard to execute a Resale Deed. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, and McNichols voting "Aye"; Martin abstaining; Heldenfels and J. Longoria absent. 14. FIRST READING ORDINANCE Authorizing the City Manager or his designee to enter into a five-year lease agreement with the Texas Ja77 Festival, Inc. for the purpose of conducting a festival and related activities in McCaughan Park and the old City hall site, in consideration of paying the greater of 4% of gross receipts or direct City costs in supporting the event. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 15.a. FIRST READING ORDINANCE Granting to CSW Communications Inc., a non-exclusive one-year franchise to construct, maintain, and operate in designated portions of public rights-of-way telecommunications 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, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 15.b. FIRST READING ORDINANCE Granting to CSW Communications Inc., a non-exclusive seven-year franchise to construct, maintain, and operate in designated portions of public rights-of-way telecommunications 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, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. Minutes Regular Council Meeting April 23, 1996 Page 21 16.a. ORDINANCE NO. 022550 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 16.b. ORDINANCE NO. 022551 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 16.c. ORDINANCE NO. 022552 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. 16.d. ORDINANCE NO. 022553 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 second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. Minutes Regular Council Meeting April 23, 1996 Page 22 17. ORDINANCE NO. 022554 Amending the Code of Ordinance, Section 3-3, Banners, Etc., Over Public Streets. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, term life and disability insurance. Council Member Martin asked if the items needed to be approved at that Council meeting. Mr. Patricio Alba, Safety and Risk Manager, said that the present contract expires at the end of April, and it needed to be considered on that day. He said the broker on the disability insurance was D.T. Consulting and the broker on the life insurance was Butch Escobedo. He added that D.T. Consulting was owned by Tomas Duran. Mr. Martin asked if both were the low bidders, and Mr. Alba said they were. Mr. Martin then asked what the city provided at its cost for disability to the employees. Mr. Alba said the city has four different plans, and the city pays for half of Plan I, which has the least benefits. He said that was started in 1988. Responding to other questions from Mr. Martin, Mr. Alba said the city was not increasing any benefits. He said the current carrier submitted a bid but that proposal was not acceptable because it did not meet all the requirements. Mr. Martin asked if the current contract could be renewed by staff, and Mr. Alba said it could no longer be extended. Mr. Martin again asked if this item could be postponed until the following week because he had many questions. Mr. Alba replied that that would only leave staff two days to transfer everything to the new carrier. Responding to another question, he said the bids had been received two weeks ago. Mr. Martin reiterated his concern that this was an important item and he had many questions. He said the Council did not have the opportunity to do anything but approve this item or leave the employees without coverage. He said staff knew for at least a year about this item. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10.a. M96-112 Motion authorizing the City Manager or his designee to execute a contract with Minutes Regular Council Meeting April 23, 1996 Page 23 TransAmerica Assurance Company for term life insurance for a period of two years with an option to renew for two additional one year terms in accordance with Bid Invitation No. BI - 0162 -96 an estimated annual premium of $383,370. The foregoing motion passed by the following vote: Rhodes, Best, Black, and B. Longoria voting "Aye"; J. Longoria, Martin, and McNichols voting "No"; Cooper and Heldenfels absent. 10.b. M96-113 Motion authorizing the City Manager or his designee to execute a contract with Standard Insurance Company for a disability insurance for a period of two years with an option to renew for two additional one year terms in accordance with Bid Invitation No. BI -0162-96 at an estimated annual premium of $323,393. The foregoing motion passed by the following vote: Rhodes, Best, Black, and B. Longoria voting "Aye"; J. Longoria, Martin, and McNichols voting "No"; Cooper and Heldenfels absent. * * * * * * * * * * * * * 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. Hennings said that items scheduled for the April 30, 1996 meeting included the follow-up on the water conservation ordinance, as well as the second reading of the ordinance regulating adult businesses and the associated zoning ordinance, and a presentation by EPA officials about clean air standards and reformulated gasoline. In her report, Mayor Rhodes asked that staff prepare a report regarding the Water Allocation and Review Committee. She then called for Council concerns and 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 6:20 p.m. on April 23, 1996. * * * * * * * * * * * * *