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HomeMy WebLinkAboutMinutes City Council - 05/14/1996I 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 May 14, 1996, which were approved by the City Council on May 21, 1996. WITNESSETH MY HAND AND SEAL, this 21st day of May, 1996 Armando Chapa City Secretary SEAL tsor"" N N T CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 14, 1996 2 p.m. NI Mayor Mary Rhodes Mayor Pro Tem Melody Cooper r�„ncil Members: Dr. Jack Best Betty Black Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols ABS.a.al Tony Heldenfels itv taff: 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. Buck Griffith, Windsor Park Church of Christ, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. 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 30, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor said there would be a short presentation on the "Vial of Life” program. Ms. Addie Alamia, Ms. Elva Alba, and Ms. Batyah Joseph, representing the Mayor's Council for Senior Citizen Affairs, described the program, which u was made possible Vby Life" donationsis a plasticvileSpohn rn Heng System and the Coastal Bend Community a sheet of paper with life-saving information for use particularly by the elderly, the handicapped and shut-ins. Ms. Alamia said that many times EMS personnel arrive at a person's home who has become ill and they do not have important information about the patient; the Vial of Life can eachprovide of the that vital information. She said the vials will be available to anyone in the community at Minutes Regular Council Meeting May 14, 1996 Page 2 senior community centers and the fire stations (EMS personnel have been trained to help people fill out the document). * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, a presentation on the new landfill. Mr. Tom Utter, Assistant City Manager for Development Services, explained that Mr. Rex Hunt, a member of the project team, would give an update on the new landfill and introduce a proposed mission statement, which is scheduled for possible action by the Council next week. Mr. Utter also introduced other team members, Ms. Leah Olivarri and Mr. Joe Moseley, as well as personnel from Solid Waste Services, Mr. R.T. Bruner, Mr. Andy Leal, and Mr. Joe West. Mr. Hunt used visual aids to discuss different aspects of the new landfill. He noted that it will be located west of Corpus Christi at the end of F.M. 2444 (Staples Street) and will consist of approximately 2,250 acres. He said the proposed mission statement was: "To plan, permit and construct a new solid waste facility with appropriate buffer areas that is environmentally sound, fiscally responsible, innovative in design and serves the region for the 21st century." Mr. Hunt gave examples of innovative approaches to the project. Different approaches to planning include land uses (short-term and long-term uses), buffer areas, landfill capacity, early involvement by stakeholders, and materials recovery. Innovative design approaches include monitoring and liner alternatives, using ponds near the landfill to provide surface water control, as well as the use of a variety of vegetation. In discussing the project's timeline, Mr. Hunt noted that the site selection process was begun in 1992, with award of the design contract in February 1996. He said a number of activities currently underway are surveying, drilling and mapping; planning; public involvement; conceptual design; and liaison with regulatory agencies, such as the Texas Natural Resource Conservation Commission (TNRCC). Mr. Hunt said that adoption of the proposed mission statement will help maintain focus on the ultimate goal of acquiring the permit for the landfill. Mayor Rhodes commented that on April 26, 1996 she, Mr. Bruner, Mr. Utter, Mr. Hunt and Mr. Moseley met with Mr. Barry McBee, TNRCC Chairman, and his staff. She said Mr. McBee was impressed with the fact that the city was building a landfill with the future in mind, and overall the meeting was very positive. Responding to Council Member Betty Jean Longoria, Mr. Hunt said the project team has already met with a landholders' group near the landfill site, and by this summer they will be showing that group the conceptual plans for the site. He added that the team will be attending a meeting with residents from Petronila. Minutes Regular Council Meeting May 14, 1996 Page 3 Council Member Martin referred to the proposed mission statement, saying his concern was that the word "innovative" not mean more than is necessary. He said he did not want to be told that the Council needed to approve a costly design that everyone else had approved. Mr. Hunt replied that in their discussions with others, the team emphasizes that the client is the City of Corpus Christi, which will make the ultimate decisions on the landfill. He said the team believes that they can be innovative and cost effective at the same time. Mayor Rhodes suggested that Mr. Hunt present the Council with the landfill's general plans. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Animal Control Advisory Board Water/Shore Advisor Committee Drew Reining Frank Beck Barbara Airheart Virginia Henderson Ramiro Gamboa Building Code Board of Appeals Roy L. Lehman Robert Bennett Commission on Children & Youth Burma Barnett Jeff Jung Julianna Rivera Joseph Alley Workforce Development Corporation Mary J. Saenz * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4 regarding water supply issues. City Attorney Bray explained that the Texas Natural Resource Conservation Commission considered two water -related matters affecting the City of Corpus Christi during their May 8, 1996 meeting in Austin. He said staff was very appreciative to Mr. Jerry Kane and Mr. Jim Naismith, co- chairmen of the Corpus Christi Water Conservation Advisory Committee, for a presentation they gave at that meeting. Mr. Bray said the first item the TNRCC Commissioners considered was the pending application for a permit to transfer water from Lake Texana which the city has purchased. He said the Commissioners determined that there should be an expedited hearing on that permit application because of the area's serious water situation. They also expressed their view that, by and large, the individuals who had complained about the permit did not have legal standing, including the taxpayer Minutes Regular Council Meeting May 14, 1996 Page 4 groups and environmental groups. Mr. Bray said the issue the Commissioners referred to the State Office of Administrative Hearings was the legal standing of some irrigators in the Lake Texana area. The Commissioners directed that the hearing be held in Corpus Christi, and staff anticipates that to occur relatively soon. He said during the hearing there will also be the opportunity for general public comment on the trans -basin transfer of water. Mr. Bray said the second issue considered by the Commissioners was the city's implementation of its drought contingency plan, which was explained by Mr. Kane and Mr. Naismith. Part of the presentation dramatically showed how this area has had the driest three years in the recorded history of the Nueces River basin and, if that trend continues, we could run out of water in about 21/4 years. Mr. Bray said the TNRCC staff and the Commissioners expressed their satisfaction with the city's conservation measures taken to date. He said staff felt the outcome of the meeting was very good. Mayor Rhodes shared Mr. Bray's impression of the meeting, and she commended Mr. Kane, Mr. Naismith and Mr. Bray for their efforts. Council Member Best asked what the balance would be between required freshwater releases into the Nueces estuary and the pumping of water from Lake Texana. City Manager Garza said that issue needed thorough consideration. He said initially his reaction would be that the city should not pump water unless it needs it because of the pumping costs; however, there are some benefits to pumping better quality water here from another part of the state. Mr. Garza said there was no question that the city needs the water to be able to handle low -rainfall periods, such as the current situation. Council Member John Longoria asked if the irrigators in the Lake Texana area had protested the city's contract with the Lavaca-Navidad River Authority (LNRA) when the contract was first entered into, and Mr. Bray replied that he was not aware of that. Mr. Bray pointed out that Jackson County and LNRA have been in the process of negotiating to sell the water for quite some time, and he felt certain that any interested parties would have known about that. Council Member McNichols explained that the irrigators, for a specific time period, are granted the right to divert a certain amount of water for irrigation; they are not guaranteed renewable. Dr. McNichols said that however the state chooses to handle the situation, while those irrigators may have status, they will not have legal right to the water. On the other hand, Corpus Christi's contract is based on a solid legal foundation. Mayor Rhodes also thanked Representative David Counts of Knox City, Chairman of the House Natural Resources Committee, who addressed the Commissioners and emphasized the area's serious water situation. She asked staff to formally thank him for his comments. Minutes Regular Council Meeting May 14, 1996 Page 5 Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, advised the Council that Condition II of the drought contingency plan was being implemented, and if the reduced number of telephone calls were any indication, most people seem to be aware of the water restrictions. In addition, staff has also issued registrations for over 100 water wells, most of which are in the Flour Bluff area. He said the Water Department has been doing an excellent job of explaining the restrictions to citizens. Mayor Rhodes asked if there was any indication that the restrictions were having any effect. Mr. Crull replied that it is difficult to gauge that because of correlations between weather conditions last year and this year; however, staff does have a program that can factor in those variables after about one month's worth of data is collected. He said they would provide a report around June 1. Council Member Martin asked if the city has put any wells into service yet, and Mr. Crull said they have not. He added that the wells have been inspected, and four of the wells below the lake need to be rehabilitated and bids for that work are due next Wednesday. Also, four wells in Campbellton need work and staff is preparing specifications for that; the intent is to have all of the wells fully operational by the end of August. Mr. Martin requested a report on the status of the wells, particularly when was the last time the Campbellton wells were used --he said they are supposed to be tested and run every year. Mr. Crull said he would provide a report. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, Community Cultural Plan. Mr. Malcolm Matthews, Director of Park and Recreation Department, said this item was the culmination of an 18 -month process that was initiated with a grant from the National Endowment for the Arts (NEA) to complete a Community Cultural Plan. He said such a plan is a specific document that the NEA recognizes to further arts developments in communities. Mr. Matthews explained that the Council had approved a contract with ArtsMarket Consulting of Boston to guide the process. Since then, a steering committee, several task forces and focus groups were utilized across the community, accessing approximately 275 people to develop the plan. Mr. Matthews said the steering committee was chaired by Ms. Debra Wingfield, an advertising and marketing consultant and member of the Vision 2000 planning committee, as well as past board member and president of the Corpus Christi Arts Council. Ms. Wingfield acknowledged that in the past, the arts in Corpus Christi have not spoken with one voice, but this plan has brought the arts organizations together and they feel confident that it will take the city into the future as far as cultural development. Ms. Wingfield explained the process of developing the Community Cultural Plan, beginning with consulting work conducted by ArtsMarket representatives. A needs assessment report was Minutes Regular Council Meeting May 14, 1996 Page 6 prepared, and then the steering committee identified six goals and held several meetings to test and refine their recommendations, followed by writing and revision of the plan. She said the Municipal Arts Commission approved the plan a few weeks ago and the next step was to acquire the Council's approval of it. Ms. Wingfield described the six major topics that were identified as critical to Corpus Christi's cultural development, based on the assessment findings and recommendations from the consultants and the steering committee. They were marketing and audience development; diversity, access and inclusion; arts in education; economic development/tourism; public art/public space; and leadership/coalition. Referring to the last topic, leadership/coalition, Ms. Wingfield said they were asking the Council to create an ad hoc committee that would serve under the Municipal Arts Commission (MAC); it would consist of steering committee and MAC members. She said they believe they can identify a mission, programs and funding for that organization by the end of 1996. Ms Wingfield said a cultural plan would be a blueprint for future planning for all of the entities involved in the arts. She said that already this process has resulted in many collaborations among arts organizations that did not previously exist, and she briefly discussed other plans, including the formation of an arts educators round table and marketing brochure. Ms. Wingfield said they needed the Council's approval of the Community Cultural Plan before they can send it to the NEA in order to fulfill their grant requirements for reimbursement by the NEA. She thanked the Municipal Arts Commission and members of the task forces. Mayor Rhodes and Council Member Cooper expressed gratitude to all those involved. Mrs. Cooper also stressed the importance of building the marketing capacity and getting more people involved in the arts in Corpus Christi. In response to Council Member John Longoria, Ms. Wingfield said there were no other jurisdictions which needed to approve the proposal. She noted that Dr. Sandra Lanier -Lerma, Assistant Superintendent for Instruction and Operations with Corpus Christi Independent School District, as well as many teachers were involved in developing the plan. She added that the committee would make a presentation to the CCISD school board. Mr. Longoria suggested that all of the school districts in Corpus Christi approve at least the arts in education aspect of the plan. Referring to the plan's time line, which states that the plan's implementation progress should be assessed in the fifth year, Mr. Longoria said he thought that the plan should be assessed annually instead. Council Member Martin agreed that the arts in education aspect of the plan was very important, adding that the Council could encourage the school districts to cooperate with the city in Minutes Regular Council Meeting May 14, 1996 Page 7 that respect. He said it appears that there is a need for some type of central function or department - status within the city that coordinates the arts function. Mr. Martin noted that funding such a department would be very difficult, but he encouraged the ad hoc committee to thoroughly examine that issue. Council Member Black said she favors the proposal, and she emphasized the importance of arts education, which may help alleviate some social problems later on. Responding to a question from Mrs. Black, Ms. Wingfield said that at this time not all of the arts organizations are represented, but if she serves as the chairperson on the ad hoc committee, she would be open to others participating. Council Member Betty Jean Longoria thanked the people who developed the plan, and noted that it appeared a staff person would eventually be needed to oversee its implementation. She said it was important not only for education, but for senior citizens and the tourist industry as well. Mayor Rhodes called for comments from the audience. Ms. Alda Godines, Executive Director for the Center for Hispanic Arts, said she was representing the Municipal Arts Commission. She said they wished to express their appreciation to the committee for developing the Community Cultural Plan. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO. 022561 Resolution adopting the Community Cultural Plan as recommended by the Municipal Arts Commission and the Community Cultural Plan Steering Committee and authorizing implementation of the Community Cultural Plan. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 5.b. M96-128 Motion authorizing the appointment of an Ad Hoc Committee to the Municipal Arts Commission to research and define an arts and culture leadership structure as recommended by the Community Cultural Plan. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. Minutes Regular Council Meeting May 14, 1996 Page 8 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, Holly Road lighting improvements. Council Member Martin asked if this project was different from many similar projects that had been completed in the past, and Mr. R.H. Shackelford, Director of Engineering Services, said it was not. Mr. Martin then made a motion to approve this item. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, asked if any company other than Central Power and Light could complete this project. He said the reason he was asking was that the City of Austin was receiving about $25 million to lower their electric rates in a settlement involving the South Texas Nuclear Plant, while San Antonio was seeking $225 million; however, electric rates in Corpus Christi were being raised. Mayor Rhodes said Mr. O'Brien's comments were not true. Mr. Martin pointed out that the City of San Antonio, through its power system, and the City of Austin are partners in a power plant that the City of Corpus Christi elected not to be a partner in. City Secretary Chapa polled the Council for their votes as follows: 6. M96-129 Motion authorizing the City Manager or his designee to execute an agreement with Central, Power & Light Company (CPL) to install continuous street lighting improvements along Holly Road between Ayers Street and Everhart Road at an estimated cost not to exceed $145,300. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. ************* Mayor Rhodes opened discussion on Item 7, landfill gas management system. Mr. Shackelford explained that the new regulations for permitting Municipal Solid Waste Landfills, commonly referred to as Subtitle "D", became effective in 1993. One of the many new Subtitle "D" requirements is to monitor the perimeters of landfills to determine if any landfill gases are present that could potentially migrate beyond the permitted boundaries of the landfill. In order to accomplish this, subsurface gas monitoring probes must be installed and read periodically to Minutes Regular Council Meeting May 14, 1996 Page 9 ascertain if any gases can be detected. The results of these monitoring efforts must be reported to the Texas Natural Resource Conservation Commission (TNRCC). Mr. Shackelford said the city completed the installation of 17 subsurface gas monitoring probes around the Elliott Landfill during the fall of 1994 and conducted the first readings in December, 1994. The results indicated that landfill gas was present at elevated concentrations that required remediation. A variety of issues concerning the Elliott Landfill was discussed during several meetings with TNRCC officials in early 1995, which led to the EMCON contract for engineering services to perform the following tasks: preparation of a major Subtitle "D" modification to the Elliott Landfill permit; leachate containment system design; Sector 5 cell design/construction per new subtitle regulations; gas assessment/remediation plan preparation; and design of a full -site landfill gas monitoring system to be constructed in phases, which he described. With regard to the construction contract, Mr. Shackelford said seven bids were received. The low bidder was Griffin Dewatering Corporation of Houston, with a base bid amount of $690,660. The completion time is 120 calendar days. Staff is also recommending the award of Amendment No. 2 in the amount of $69,000 to EMCON's contract for engineering services related to the installation. In response to Council Member McNichols, Mr. Shackelford explained that there have been reports of landfill gases migrating into and around small buildings, resulting in an explosive mixture within a small space that was accidentally ignited by a match. He said staff has surveyed the immediate area around the Elliott Landfill and that is not the case there. Dr. McNichols then asked if there was any health hazard to the level of methane gas that is produced around landfills. Mr. Shackelford replied that he was not aware of any. He added that the Environmental Protection Agency's (EPA) gas management program has been under review for many years, but ultimately the regulations are being mandated by the EPA. Responding to another question from Dr. McNichols, Mr. Utter said at the present level, all of the proposal is incorporated within either the General Fund which had already been budgeted or within the overall fee increase which the Council adopted last year to finance the new landfill and to close out the Elliott Landfill. Council Member Martin asked how much was allocated in the plan for the gas management system, and Mr. Shackelford replied that it was $600,000. Mr. Martin asked that any future landfill items include the landfill plan so the Council can be aware of the status of the funds. Mr. Martin then asked what premium the city paid to have the engineer expedite this project. Mr. Shackelford said the engineer's estimate was $617,000 for the work, but it was hard to say that the premium was the difference between the engineer's estimate and $690,000, but that was certainly Minutes Regular Council Meeting May 14, 1996 Page 10 a good portion of it. Mr. Martin asked if the project was placed on an emergency basis because the engineer did not complete his work on time, and Mr. Shackelford said that was not the case. He said staff was investigating the possibility of acquiring a commercial application where someone would assist in the cost of it. Mr. Martin said staff attributed the increase in cost to two things, one of which was the city's requirement of 120 -day completion. He said since there was no mandate to complete the project within 120 days, the city should not require that, and he asked how much savings would be realized. Mr. Andy Leal, Assistant Director of Solid Waste Services, said that staff had originally given TNRCC a target date of late 1995. He said staff tried to get energy -recovery companies to build the gas management system for the city, but they were unsuccessful, so staff had to renegotiate for a different time schedule with TNRCC. Mr. Martin said staff created the time schedule and the city is paying a premium for it, and he said the schedule could be changed; he added that TNRCC wants to see the project under contract. Council Member Best asked why the gas could not be used by the city's gas department. Mr. Shackelford said staff has investigated that, but because of the high level of CO2 in the gas being recovered at the landfill, it would require much cleaning in order for the city to use it. Dr. Best said he agreed with Mr. Martin that if there was not an emergency in getting the project completed, the funds could be used elsewhere. Responding to Council Member Black, Mr. Shackelford said there was one major closed landfill on the northwest side of Corpus Christi, and several smaller ones. He said he was not sure if there were any gas probes at the closed landfills. Mr. Crull said that if the Council awarded the contract, staff would discuss with TNRCC their time frame requirements, and they will work to negotiate a deductive change order with the contractor in exchange for additional time to reduce the contract amount. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7.a. M96-130 Motion awarding a construction contract in the amount of $690,660 to Griffin Dewatering Corporation for the J.C. Elliott Landfill Gas Management System - Phase 1 Improvements. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. Minutes Regular Council Meeting May 14, 1996 Page 11 7.b. M96-131 Motion awarding Amendment #2 to the contract for engineering services with EMCON for the J.C. Elliott Landfill Subtitle "D" Landfill Permit Modifications and Landfill Gas AssessmentlRemediation in the amount of $69,000. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 8, Central Power and Light request for real time pricing pilot program. City Attorney Bray explained that CPL had already had the program implemented for outside the city through the Public Utility Commission, and they were requesting Council approval to implement the program in the city limits. He said it is a rate for large customers that allows them to be metered on an hourly basis and to pay a lower rate for off-peak usage and a higher rate for peak usage, with the idea of benefiting that particular customer and bringing down some of the peaks in usage for CPL. Mr. Bray added that it is structured so that it has no impact on other rate classes, and staff was recommending that Council approve it. Council Member Martin asked if this was another form, albeit more complicated, of a peak - shaving approach that holds harmless the other customers in the system, and if this was a way for CPL to stretch their capacity and for customers, by using power at designated times, to save money. Mr. Bray said it was. Mayor Rhodes called for comments from the audience, and there were none. Council Member Martin made a motion to close the public hearing, seconded by Council Member John Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Approving, ratifying, confirming and accepting Sheet C29 and Sheet 316 - Real Time Pricing (RTP) Pilot Program - filed by Central Power & Light Company as an addition to the Tariff Manual for the furnishing of electricity and electric service within the City of Corpus Christi, Texas; providing severability; and providing an effective date. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Minutes Regular Council Meeting May 14, 1996 Page 12 Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. ************* Mayor Rhodes opened the public hearing on the following zoning case: Case No. 396-5. Serena & Nicholas Longo. A change of zoning from "AB" Professional Office to "B-1" Neighborhood Business District on Ocean View Addition, Block 7, east 95 feet of Lots 1 and 2, located on the south side of Elizabeth Street, approximately 45 feet west of Fifth Street. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-1" District, and in lieu thereof, approval of a special permit for limited retail and personal service uses, subject to six conditions, as per staff's recommendation. The Mayor asked if the applicant agreed to the special permit, and Mr. Longo indicated that he did agree. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO 022562 Amending the Zoning Ordinance upon application by Serena & Nicholas Longo, by granting a Special Council Permit for limited retail and personal service uses, subject to six (6) conditions on Ocean View Addition, Block 7, east 95 feet of Lots 1 and 2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Heldenfels and Martin absent. ************* Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 496-2. Jennifer Hawn Caldwell: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Country Club Unit 18, Block 2, Lot 1 and Country Club Unit 19, Block 4, Lot 1, located on the south side of Saratoga Boulevard, between Player Street and Long Meadow Drive. Minutes Regular Council Meeting May 14, 1996 Page 13 Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Council Member McNichols said that the Planning Commission and staff were aware that anytime there was a request to rezone property adjacent to a subdivision to "B-1" for a restaurant, there is the potential that the restaurant is really a bar. He said there is an additional problem of a restaurant/bar that becomes a "sports bar" with a rear entrance, which allows ingress and egress from the property immediately adjacent to the houses abutting the property. Mr. Brandol Harvey, Director of Planning and Development, said staff's and Planning Commission's approach is that "B-1" Neighborhood Business is designed as an overall zoning district to be adjacent to residences. The anomaly that has arisen with restaurants becoming bars is being addressed through separate action, and the Planning Commission is conducting public hearings and will be making a recommendation to the Council within the next month. Dr. McNichols asked if that change would affect any "B-1" zoning already in existence. Mr. Harvey replied that if the standards change, the businesses that exist which do not meet the new standards would be "grandfathered" --they could continue as they are permanently, but once they go out of business, they could not reopen. Mr. Harvey added that the Council could choose to have a specific amortization period for any use that becomes nonconforming. Dr. McNichols expressed concem that there were policies that were being applied to different businesses that they choose to find acceptable or not acceptable, regardless of what different members of the community think about different types of businesses. Council Member Black said she opposed the zoning change because of the close proximity of the church and residential areas. Mayor Rhodes said that since there was opposition on the Council to the zoning change, she would let the applicant speak, even though the public hearing had been closed. Council Member Martin asked if the Council could adopt a motion putting a moratorium on any building permits for restaurants serving alcoholic beverages in `B-1" zoning until the standards are clarified. He said if an owner wanted to come before the Council, they could provide an exception to a restaurant where more than 50% of the business is not alcohol sales. He said he thought the current ordinance clearly prohibits that. Mr. Utter said staff could bring back such an ordinance next week. Mr. Bray said that if there was a straight moratorium, he would recommend that it be approved by ordinance. Minutes Regular Council Meeting May 14, 1996 Page 14 Mr. Gene Urban, representing the applicant, said the applicant has held the property for about 20 years, and they are applying for "B-1" and have interest in it for a bank. He said the purpose was to retain the neighborhood business use. Mayor Rhodes explained that there was concern because of a previous zoning case in which `B-1" zoning was granted to a restaurant which was really a bar. Mr. Urban said they would not object to the proposed moratorium because it is not their intent to build a bar, but rather a restaurant, bank or other commercial use. Mayor Rhodes asked if this zoning case would be covered by the change in the standards, and Mr. Martin said he thought it was covered because the moratorium would apply to building permits and not rezoning applications, and they were being put on notice. He said the Council was instructing the official to interpret the current ordinance that requires more than 50% of sales at a restaurant be food -related or the establishment is considered a bar. He said staff could come back next week with an ordinance that places a moratorium while the language is being clarified. Mr. Martin asked if the subject property had been platted, and Mr. Urban replied that it had. Mr. Martin suggested that Mr. Urban be told right then that the city would not issue any building permits on that property between now and next week. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 022563 Amending the Zoning Ordinance upon application by Jennifer Hawn Caldwell, by changing the Zoning Map in reference to Country Club Unit 18, Block 2, Lot 1 and Country Club Unit 19, Block 4, Lot 1, from "AB" Professional Office District to "B-1" Neighborhood Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black voting "No"; Heldenfels absent. ******asss*** Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. 496-3. Villa Residential Care Homes. Inc.• A change of zoning from "R-2" Multiple Dwelling District to "A-2" Apartment House District on Glynwick Place, Block 1, Lots 9 and 10, located on the southwest corner of Mobile and Robby Drives. Mayor Rhodes said the Planning Commission and staff recommended approval. Minutes Regular Council Meeting May 14, 1996 Page 15 No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Council Member McNichols asked if there were any specific regulations that pertain to assisted -living facilities. Mr. Harvey said it depended on the type of care the facility was offering. Council Member Martin said there were state regulations regarding wheel -chair accessability and other issues. Mr. Harvey said the initial requirements are for ADA compliance as any apartment building would be, and additional criteria are applied through the licensing program. He added that there is a very broad range of services under the general definition of assisted -living facilities. Mr. Martin asked if staff had determined that assisted -living facilities must be located in "A- 2" or higher zoning, and Mr. Harvey said they had. Responding to Council Member Black, Mr. Harvey said the numbers of these facilities are increasing dramatically throughout the country, and Corpus Christi was no exception. Mr. Martin said there were four assisted -living facilities either under construction or in the preliminary phases in Corpus Christi, and there are probably another 50 beds in other facilities which meet this definition. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 022564 Amending the Zoning Ordinance upon application by Villa Residential Care Homes, Inc., by changing the Zoning Map in reference to Glynwick Place, Block 1, Lots 9 and 10, from "R-2" Multiple Dwelling District to "A-2" Apartment House District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 12. Case No. 496-4. Carol & Walter Wright A change of zoning from "A-1" Apartment House District and "B-4" General Business District to "I-2" Light Industrial District on Gateway Park, Block 2, Lots 18, 19, 20, and 21 and Block 3, Lots 10, 11, 12, and the north 1/2 of Lot 13, located on both sides of Cline Street, south of South Padre Island Drive. Minutes Regular Council Meeting May 14, 1996 Page 16 Mayor Rhodes said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a "B-4" General Business District on Block 2, Lot 18 and a Special Permit on Block 2, Lots 18, 19, and 20 for a contractor's yard and outside storage subject to two (2) conditions. The Mayor asked if the applicant concurred with the special permit, and staff said they did. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Council Member McNichols asked if the concerns raised by Mr. Calvin Bright had been addressed. Mr. Harvey said he thought they had by the proposal to rezone part of the subject property to "B-4" with a special permit on the remainder. Dr. McNichols said that if a special permit for uses that are offensive to some neighbors is granted, it does not serve the neighborhood. Mr. Harvey said that was a valid issue, and that was the reason for the public hearing process; however, he noted that there will be some residents who are opposed to any change to the existing vacant land and others who are opposed to the "I-2" use. Dr. McNichols said two issues raised by residents were that Flour Bluff is a "gateway" to Padre Island, and there was concem about aesthetics. Mr. Harvey pointed out that the subject property is situated off of South Padre Island Drive and not available to the heavy travel right-of- way, and Cline Street is not improved and is not being used residentially. Council Member Martin asked why "B-3" zoning with a special permit would not be more appropriate. Mr. Harvey replied that the general criterion to make the distinction between "B-3" and "B-4" is when there is no residential use desired either adjacent to or within the area being rezoned; in this case, there is substantial multi -family zoning surrounding the property, and it might be possible for a project to mix residential and commercial uses. Mr. Martin asked if it was located in an accident -potential zone, and Mr. Harvey said it was not. Mr. Utter pointed out that part of the subject property was zoned `B-4." City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 022565 Amending the Zoning Ordinance upon application by Carol & Walter Wright, by changing the Zoning Map in reference to Gateway Park, Block 2, Lot 18, from "A-1" Apartment House District to "B-4" General Business District and granting a Special Council Permit for a contractor's yard and outside storage subject to two (2) conditions on Gateway Park, Block 2, Lots 18, 19, and 20; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting May 14, 1996 Page 17 Rhodes, Best, Black, Cooper, Martin, and McNichols voting "Aye"; Heldenfels, B. Longoria, and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 13. Case No. 496-5. So -San Corporation: A change of zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 25, 26, and 27, located adjacent to Victoria Park Unit 3 at the ends of Oso Parkway and Quebec Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022570 Amending the Zoning Ordinance upon application by So -San Corporation, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 25, 26, and 27, from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 14 through 23, and Council Members requested that Items 14 and 23 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 15. M96-133 Motion approving the purchase of equipment in accordance with Bid Invitation No. BI-0171- Minutes Regular Council Meeting May 14, 1996 Page 18 96 from the following based on low bid and low bid meeting specifications. The items are budgeted in the 1995-96 Capital Outlay as replacement equipment. Mustang Equipment Co. Air Specialty & Eqpt. Co. Corpus Christi. Texas Corpus Christi. Texas Fork Lift Air Compressor $16,430 $11,900 Total of Awards: $28,330 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 16. M96-134 Motion approving the purchase of a sludge retriever in accordance with Bid Invitation No. BI -0190-96 from Waukesha Pearce Industries, Corpus Christi, based on an only bid of $19,478. The retriever will be used by the Wastewater Services Department and is budgeted in the 1995-96 Capital Outlay as a replacement item. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 17. M96-135 Motion approving a supply agreement with Unisource, Corpus Christi, Texas for copy paper in accordance with a Joint Governmental Purchasing Group Bid Invitation No. JGPG 96-2 which includes approximately 2,565 cases of 8'V2" x 11" paper; 882 cases of 81/4" x 14" paper; and 75 cases of 8V2" x 17" paper for an estimated annual expenditure of $82,853.42 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier, the Joint Governmental Purchasing Group, and the City Manager or his designee. Funds are budgeted in FY 95-96 by the using departments. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 18. M96-136 Motion approving a supply agreement with Van Waters & Rogers, Inc., Corpus Christi, Texas for approximately 115 tons of potassium permanganate in accordance with Bid Minutes Regular Council Meeting May 14, 1996 Page 19 Invitation No. BI -0158-96 for an estimated annual expenditure of $294,860 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 have been budgeted by the Water Department in FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 19. ORDINANCE NO. 022566 Ordinance authorizing the City Manager or his designee to execute an interlocal agreement with the City of Arlington, Austin, Dallas, El Paso, Fort Worth, Houston and San Antonio to jointly employ a person to coordinate the legislative package for safety, crime, and law enforcement for the 75th Regular Legislative session. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 20. M96-137 Motion authorizing the City Manager to execute Amendment #2 to the contract for engineering services with Naismith Engineering in the amount of $19,500 for the Ground Water Sampling and Analysis Plan (GWSAP) Revision as required by the Texas Natural Resource Conservation Commission. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 21.a. M96-138 Motion approving the reimbursement application in the amount of $35,837 submitted by Memorial Medical Center, developer of Padre Island Section 18, Block 4, Lots 1-5, for the installation of 1,400 linear feet of an off-site 10 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 21.b. ORDINANCE NO. 022567 Ordinance appropriating $35,837 from the Sanitary Sewer Collection Line Trust Fund No. Minutes Regular Council Meeting May 14, 1996 Page 20 145-274.96 to pay Memorial Medical Center's developer reimbursement request. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 22. ORDINANCE NO.022568 Closing and abandoning a 23 square foot portion of a 60 foot wide right-of-way on Rose Street at the corner of Rose Street and Antelope Street; subject to compliance with 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, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 14, purchase of construction equipment. Responding to Council Member McNichols, Mr. Crull said one of the items was the largest class backhoe that is made, and John Deere is currently the only company manufacturing it; it is not a sole source in the sense that there are many John Deere dealers that could bid on the equipment. Mr. Crull said the new backhoes will be used almost every day in the Wastewater Department for excavation and construction of lines. He noted that the cost of renting a large piece of equipment like that would rapidly outstrip its actual cost. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M96-132 Motion approving the purchase of construction equipment in accordance with Bid Invitation No. BI -0169-96 from the following based on low bid and only bid. The equipment is budgeted in the 1995-96 Capital Outlay as replacements. Nueces Power Eqpt. Corpus Christi. Texas Tool Carrier $79,769 J.C. Brown Company Corpus Christi. Texas Series V Loader/Backhoe 2 each $192,434 Holt Company of Texas Corpus Christi. Texas Equipment Trailer 2 each $18,426 Minutes Regular Council Meeting May 14, 1996 Page 21 Preco Machinery Co. Coastal Plains Equipment Co. Corpus Christi. Texas Corous Christi Texas Track Excavator Series III Loader/Backhoe $114,364 $43,397 Grand Total of Awards: $448,390 The foregoing motion passed 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 23, King's Crossing easement closure. Council Member Martin questioned the 180 -day replatting provision; he said in a case such as that the owner should be required to file immediately for a replat. Mr. Crull explained that the 180 days was standard --there used to not be any time limit on easement closures requiring replatting. He said in most cases the impetus is on the owner because in order to sell his property he must have a replat completed. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 022569 Closing and abandoning an 802.5 square foot portion of a 20 foot wide utility easement located within Lot 1, Block 29, King's Crossing Unit 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, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes announced that the closed session, pursuant to Texas Government Code, Section 551.074, regarding new or interim City Manager selection, would be tabled for one week. She then announced the closed session, pursuant to Texas Government Code, Section 551.071, regarding Guadalupe Torres v. City of Corpus Christi, et al, Cause No. 95-2583-C, 94th District Court, Nueces County, Texas, with possible action in open session. Minutes Regular Council Meeting May 14, 1996 Page 22 The Council went into closed session. The Council returned from closed session. Mayor Rhodes made the following motion, seconded by Council Member Martin, and passed unanimously. 25. M96-139 Motion authorizing the City Manager to execute documents settling Guadalupe Torres v. City of Corpus Christi, et al, No. 95-2583-C, 94th District Court, Nueces County, Texas, for $74,500 in accordance with the settlement agreement reached through the City's attorneys. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said that during the May 21, 1996 meeting there would be discussion of the storm water permit ordinance, which will basically prohibit polluted discharges into the city's drainage system. Some examples of prohibited discharges would be grass clippings, runoff from washing buildings and pavement, and swimming pool water. Mayor Rhodes asked what people are supposed to do with their swimming pool water. Deputy City Manager Hennings explained that contractors have a bag that they place swimming pool water in and save it until they are finished repairing a pool. He said he spoke with EPA officials about their regulations, but those were the rules. Mr. Garza added that the adult business ordinance would be considered on second reading on May 28, and a discussion on the Garwood water rights would be held during an upcoming meeting. Mayor Rhodes called for Council concerns and reports. Council Member Martin said the proposed storm water ordinance would prohibit the practice of placing brush on the street curb while it is waiting to be picked up by the city's brush trucks. He said the issue needed to be discussed thoroughly, including how staff plans to enforce the issue of water runoff. Mr. Martin also requested a report about balancing this year's city budget, as well as a discussion on underage drinking. Council Member Best asked if the taxes on the old Frost Brothers building had been paid. Mr. Garza said he would provide a report. Dr. Best also asked if the developers had made any further improvements to the building, and Mr. Garza said he did not think so. Dr. Best then referred to a recent television report about the use of portable defibrillators by police officers, and he asked Minutes Regular Council Meeting May 14, 1996 Page 23 staff to look into it. Mr. Garza noted that fire trucks equipped with defibrillators often arrive at an emergency before an ambulance does, and the EMS personnel are trained in the use of defibrillators. Council Member Cooper said there were many practical problems with the proposed storm water ordinance. She said the federal mandate should be emphasized; staff should ensure that the regulations are actually mandated in that form; and EPA officials should be asked how they think the regulations should be practically enforced. Mrs. Cooper also thanked Mr. Bruner for assistance in providing information at her town hall meetings. She then announced that the next Council of Neighborhood Associations meeting would be held May 16, 1996 at 7 p.m. in the City Hall basement training room, and the next meeting of the Mayor's Task Force on Youth Violence would be held May 22 in the Council Chambers. Council Member Betty Jean Longoria asked about the status of the outlet mall in the northwest area. Mr. Garza said he would provide a complete update; however, he noted that the project would be delayed. Mrs. Longoria also asked about problems with resurfacing of Leopard Street between Rand Morgan and Southern Minerals Road. Mr. Garza replied that staff has had problems with the aggregate adhering to the asphalt in the seal coating program, so basically staff has avoided seal coating many of the arterials such as Leopard, and is concentrating on less heavily traveled neighborhood streets. He said staff will be bringing a recommendation to the Council soon to switch back to the material that staff had been using before. Mrs. Longoria asked which company was supplying the material currently being used, and Mr. Garza replied that it is Bay Inc. Mr. Garza said the city was in the middle of a one-year experiment using that material. Council Member McNichols noted that there have been problems associated with the Corpus Christi District Office of the Texas Department of Transportation (TXDOT). He asked what steps would be taken to ensure that Corpus Christi's projects remain a priority. Mr. Garza said Mr. Crull suggested that the city's priorities be reemphasized to the Transportation Commission, making sure that the city's needs are properly represented by staff, the Council (if necessary), and by the local legislative delegation. Mr. Crull pointed out that the recommendations for priority funding for next year have already been made to the Commission and they are being studied. Mayor Rhodes noted that the Metropolitan Planning Organization (MPO) members have to be certified. Referring to the TXDOT situation, Mrs. Longoria asked about the Leopard Street improvements around McKenzie, and Mr. Crull said they were already programmed into the TIP and there would be no change unless the MPO voted to change the TIP next year. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Ms. Nancy Jones, 6834 Crosstimbers, of Environmental Landscape Design, asked several Minutes Regular Council Meeting May 14, 1996 Page 24 questions about the water restrictions. Mr. Crull said that whoever would be doing the watering of the newly planted landscape materials should have the permit to do so, and it can be acquired for no charge at the Water Division. Responding to Mr. Martin, Mr. Crull said the permit would be for someone with a whole new landscaped yard, as opposed to someone replanting a small section of yard. Ms. Jones also asked about maintaining plants, and Mr. Martin pointed out that the ordinance states that anyone can water plants and vegetation any day with a hand-held hose except between the hours of 10 a.m. to 6 p.m.; the use of a sprinkler system every day would require a permit. Ms. Jones said she did not understand why the refineries were not forced to use desalinated water. The Mayor said that would involve a tremendous volume of water. She added that the city is trying to work with people with regard to the water restrictions in an effort to avoid more stringent drought contingencies which will affect people's jobs and quality of life. Mayor Rhodes emphasized that Corpus Christi's industries are extremely conservative in their use of water. Mr. R.F. Hasker, 1813 Wallace, asked why there was no public comment following the discussion of the water issue on the day's agenda. Mayor Rhodes replied that the issue was a presentation and did not require any action or public comment. Mr. Hasker also asked about the legal standing of complainants with regard to the interbasin transfer permit. The Mayor said that Commissioner McBee, Chairman of the TNRCC, ruled that the Corpus Christi Taxpayers Association did not have legal standing because they were not separate from the city's interests. She said that was not staffs decision. Mr. Hasker further objected to the interbasin transfer permit, the pipeline to transport the water, and utility increases. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 4:45 p.m. on May 14, 1996. *************