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HomeMy WebLinkAboutMinutes City Council - 06/25/1996I 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 June 25, 1996, which were approved by the City Council on July 9, 1996. WITNESSETH MY HAND AND SEAL, this 9th day of July, 1996 Armando Chapa City Secretary SEAL MailaEa CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 25, 1996 1:30 p.m. Mayor Mary Rhodes Council Members: Dr. Jack Best Betty Black Tony Heldenfels Betty Jean Longoria Edward Martin Dr. David McNichols ABSENT Mayor Pro Tem Melody Cooper John Longoria City Staff: Acting 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 Best. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of June 18, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor explained that there would be a presentation and reception honoring former City Manager Juan Garza. She noted that following Mr. Garza's reception, the Council would go into closed session regarding Item 26 on the day's agenda, as Mr. Garza had wished to be present for that closed session. In addition, the public hearing for Item 14 (the zoning case for T.G. Properties) will be opened at the appropriate time and then the zoning case will be tabled. Mayor Rhodes then read a proclamation declaring June 25, 1996 as "Juan Garza Day in Corpus Christi," and she presented Mr. Garza with a plaque honoring him for his 13 years of service to the city. Council Members Betty Jean Longoria, Betty Black and Jack Best thanked Mr. Garza Minutes Regular Council Meeting June 25, 1996 Page 2 for his assistance, adding that they will miss him. Mayor Rhodes said Mr. Garza has been an exemplary City Manager and was particularly well -liked by the staff. Mr. Garza replied that he was proud of the many accomplishments in the city, adding that the city organization needs to be continually open to all citizens, and there needs to be an ongoing effort to unify the community. He thanked the Mayor, Council members and staff for their support. The Mayor then recessed the regular Council meeting for Mr. Garza's reception. * * * * * * * * * * * * * Mayor Rhodes reconvened the Council meeting and introduced her Administrative Assistant, Ms. Yvonne Haag, who discussed the Fourth of July "Big Bang" celebration. She said the events will include a four -meter run, the annual parade, the South Texas Beach Party sponsored by Special Olympics, a search -and -rescue demonstration by the Coast Guard followed by the Gator Bait Ski Team stunt show, the patriotic ceremony at Sherrill Park, a special event aboard the U.S.S. Lexington featuring the Corpus Christi Symphony Orchestra, a rock concert, and the fireworks display. The Mayor noted that the city owed a debt of gratitude to H -E -B, which underwrites the cost of this and other civic events. * * * * * * * * * * * * * Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section 551.071 and 551.074, to receive information regarding the City Manager's employment of an acting director of Solid Waste Services and a project director for the new landfill project. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Corpus Christi Downtown Management District Joe DeLeon Charles White Ken Griffin W.E. Harwood H.T. Patterson Richard Schendel Buz Maxwell Minutes Regular Council Meeting June 25, 1996 Page 3 Coastal Bend Workforce Development Board Bobby Broadway Ann Wilson Debra Bruce Michael Burchardt Cheyenne Eichelberger Alex Garcia Jr. Eugene Gibbs Ken Griffin Ron Jennings Ed Lopez Govind Nadkarni Wayne New Robert Shake Thomas Krepel Keith Arnold Frank Delaney John Owen Javier Leal Rosie Rangel Arlene Rhodes Agnes Flores Anita Hinojosa * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting for the meeting of the Workforce Development Executive Corporation, and the joint meeting of the Corpus Christi Housing Finance Corporation with the Corpus Christi Community Improvement Corporation. * * * * * * * * * * * * * Mayor Rhodes reconvened the regular Council meeting and opened discussion on Item 7, resolutions relating to the Consolidated Annual Action Plan and the Corpus Christi Housing Partnership. Responding to a question from the Mayor, Mr. Tom Utter, Assistant City Manager for Development Services, said that the Community Development Block Grant program had received almost all of the funding that had been requested; the only project that was slightly reduced was fencing and lighting for the Housing Authority. 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. RESOLUTION NO 022606 Resolution authorizing the City Manager or his designee to execute a contract with the Nueces County Community Action Agency in the amount of $80,000 from the CDBG Program for a Weatherization Program. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. Minutes Regular Council Meeting June 25, 1996 Page 4 7.b. RESOLUTION NO. 022607 Resolution authorizing the City Manager or his designee to execute a contract with Our House/Ronald McDonald House in the amount of $40,000 from the CDBG Program to provide temporary housing for families with hospitalized members. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 7.c. RESOLUTION NO. 022608 Resolution authorizing the City Manager or his designee to execute a contract with Metro Ministries in the amount of $80,000 from the Emergency Shelter Grant Program for services for the homeless. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 7.d. RESOLUTION NO. 022609 Resolution authorizing the City Manager or his designee to execute a contract with Dos Mundos Day Care in the amount of $16,667 from the Emergency Shelter Grant Program for services for low income homeless children. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 7.e. RESOLUTION NO. 022610 Resolution authorizing the City Manager or his designee to execute a contract with Gulf Coast Council of La Raza in the amount of $37,333 from the Emergency Shelter Grant Program for services to low income homeless children and young adults. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 7.f. RESOLUTION NO. 022611 Resolution authorizing the City Manager or his designee to execute a contract with the Housing Authority for the City of Corpus Christi in the amount of $60,667 from the CDBG Program for the construction of fencing and lighting for Housing Authority projects. Minutes Regular Council Meeting June 25, 1996 Page 5 The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 7.g. RESOLUTION NO. 022612 Resolution creating the Corpus Christi Housing Partnership and inviting other public and private sectors to join in promoting affordable housing opportunities for the citizens of the City of Corpus Christi. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, library information system. Mr. Herbert Canales, Director of Libraries, said this item represented two years of work in raising money and reaching interlocal agreements. He said the project consists of over $500,000 in outside funding, with pledges from such corporations as Southwestern Bell, Valero and H -E -B over the next four years amounting to $126,000. Council Member Heldenfels said this was one of the most important things that the city can do, adding that libraries are one of the core services that the city has to provide. He said he was glad that the schools were being included as well. Mr. Canales noted that all of the public high schools and one private school will utilize the system; one private school that is not currently involved probably will be at some point. He said that by replacing the existing system, the libraries will be saving about $120,000 over the next five years. Mr. Canales also recognized Ms. Elia Gutierrez, Chairperson of the Library Board, and Ms. Patty Mueller, President of the Corpus Christi Public Library Foundation Inc. Council Member Betty Jean Longoria praised the board and the foundation for their efforts. Mr. Canales pointed out that the $100,000 that was contributed last year by the Corpus Christi Community Improvement Corporation was used to leverage funds for this project. He said Corpus Christi's library system was the only one in Texas --and one of only eight in the whole country --to be awarded a grant from the U.S. Department of Commerce in the amount of $180,385. Council Member Black thanked all the people who were involved in this project, and who will be involved in the future, since libraries are one of the most important things that the city can offer this community. Minutes Regular Council Meeting June 25, 1996 Page 6 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 022613 Resolution authorizing the City Manager to execute a gift agreement with the Corpus Christi Public Library Foundation, Inc. (Foundation) whereby the Foundation agrees to contribute $376,066 to the City in cash, hardware and software as follows: the Foundation agrees to give the City $118,374 for the purchase of an automated library system from Ameritech Library Services, Inc. for shared use between City libraries and high school libraries; the Foundation agrees to make payment of $56,626 directly to Ameritech Library Services, Inc. for the purchase of the automated library system per the terms of a U.S. Department of Commerce grant to the Foundation; and the Foundation agrees to purchase and give the City telecommunications equipment in the amount of $201,066 to be used to provide the City and City high school libraries access to the system. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 8.b. ORDINANCE NO. 022614 Ordinance appropriating a $100,000 contributed by the Corpus Christi Community Improvement Corporation to the No. 102 General Fund - Library to be used to purchase an automated library system for shared use by City and City high school libraries; amending the FY 1995-96 budget adopted by Ordinance No. 022279 to increase appropriations by $100,000 in the No. 102 General Fund - Library. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 8.c. ORDINANCE NO. 022615 Ordinance appropriating a $118,374 contributed by the Corpus Christi Public Library Foundation, Inc. to the No. 102 General Fund - Library to be used to purchase an automated library system for shared use by the City libraries and high school libraries; amending the FY 1995-96 budget adopted by Ordinance No. 022279 to increase appropriations by $118,374 in the No. 102 General Fund - Library. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper Minutes Regular Council Meeting June 25, 1996 Page 7 and J. Longoria absent. 8.d. M96-178 Motion authorizing the City Manager to execute a purchase agreement with Ameritech Library Services, Inc., for a computer equipment, software licenses, and other products and services, based on sole source, in the amount of $275,000. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 8.e. M96-179 Motion authorizing the City Manager to execute a five-year maintenance agreement, including warranty, with Ameritech, Inc., for computer equipment and software, based on sole source, in the amount of $242,134. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 8.f. M96-180 Motion approving the purchase of five years of maintenance services, after warranty, with Ameritech Inc., for telecommunications equipment received as a gift from the Corpus Christi Public Library Foundation, Inc., based on low bid, in the amount of $97,323. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 8.g. ORDINANCE NO. 022616 Ordinance authorizing the City Manager to execute interlocal agreements with Corpus Christi ISD, Calallen ISD, Flour Bluff ISD, Tuloso-Midway ISD, and West Oso ISD; and an agreement with Corpus Christi Academy to provide each high school library with access to an automated library system. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. ************* Minutes Regular Council Meeting June 25, 1996 Page 8 Mayor Rhodes opened discussion on Item 9, amendments to water conservation ordinance. Mr. Carl Crull, Assistant City Manager of Public Works and Utilities, said one of staff's primary concerns is ensuring that the effluent is used properly. For those reasons, it is recommended that homeowners be required to obtain a permit from the Wastewater Offices, 5352 Ayers, Building 8. The permit entails the homeowner viewing an educational video and receiving information on the proper use and handling of effluent. They would also have to show proof of liability insurance in the amount of $300,000 or they could sign an affidavit that would hold the city harmless in the event of an accident. He said the permit is free, and the homeowner would then show the permit to staff at the filling facility at the Oso Wastewater Treatment Plant. Mr. Crull added that staff will be inspecting containers to ensure that they are water tight and would not spill effluent on the streets as it is being hauled. If the filling attendant sees there would be a hazard, the homeowner would be asked to correct that before he is allowed to receive the effluent. Mayor Rhodes asked Mr. Crull to explain exactly what is effluent. Mr. Crull said effluent is highly treated wastewater to the point where the city is able to discharge it into the bays and estuaries and it meets and exceeds all of the standards of the Texas Natural Resource Conservation Commission (TNRCC). He noted that while the effluent does have residual chlorine in it, citizens are advised not to store it for long periods of time because the chlorine burns off and there is a chance that bacteria would continue to grow. He said there will be one filling facility at the Oso Plant and, if there is sufficient demand, filling facilities will be established at the Allison, Greenwood and Laguna Madre treatment plants. The Mayor asked if the homeowner would be charged to collect the effluent, and Mr. Crull said he would not be, but he would be asked to sign a manifest that he has received the effluent. Council Member McNichols expressed concem about this proposal, saying that commercial haulers can be held to a different level of accountability than can homeowners. He added that there were potential hazards if homeowners did not use effluent properly. Mr. Crull replied that the city established this program during the 1984 drought, and staff was not aware of any health-related problems as a result. He said the video and materials emphasize the proper handling of effluent. Council Member Heldenfels also expressed concerns about the use of effluent by homeowners. He questioned the size of the containers, and Mr. Crull said the ordinance as currently written requires a 500 -gallon container, but staff is recommending that it be amended to allow the use of any size container by a homeowner; however, the commercial users would still be limited to a minimum container size of 500 gallons. Mr. Crull reiterated that the filling attendant will ensure that the container is watertight and will be properly affixed to the vehicle. Acting City Manager Hennings said that staff had not initially proposed that effluent be used Minutes Regular Council Meeting June 25, 1996 Page 9 by homeowners for several reasons, including concern about proper use and long lines forming at the filling facility. However, he said, staff was satisfied that the program can be successful, although there is some risk associated with it. Mr. Heldenfels questioned whether the ordinance should be amended to require that a certain size and kind of container be used by homeowners. City Attorney Bray said if the Council wished to amend the ordinance, staff would need to make the necessary changes and bring it back for their approval. Mr. Hennings pointed out that if the purpose was to make effluent available to the typical homeowner, most would not have specific types of containers to use. Mr. Heldenfels said that he was very wary of using effluent and continued to express concern about its proper handling. Responding to Council Member Black, Mr. Crull said staff is recommending that the effluent be put on the lawn not later than four hours after it is received from the wastewater treatment plant. Mr. Crull added that things have changed since the effluent was used in 1984, notably society's attitude toward liability as well as changing regulations. Mr. Hennings explained that the proposed ordinance would require that the container have a lid or cap, be watertight, and be properly secured to the vehicle. Council Member Best noted that he had utilized effluent as irrigation during the 1984 drought, adding that he did not think citizens would start using effluent until the city goes into Condition III of the drought contingency plan when water will be rationed. He said he did not want the ordinance to be so restrictive that it would not be practical for anyone to use the effluent. Council Member Betty Jean Longoria said that after listening to the discussion, she could understand why staff had not initially recommended this proposal --the only reason they did was because the Council had requested it. She said citizens needed to be aware of the health hazards associated with improper use of effluent. She added that this program should be carefully monitored and the Council should be kept informed if any changes need to be made. Dr. McNichols asked staff to consider problems associated with lines forming at the Oso Plant; he added that Ennis Joslin is in very bad condition. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 022619 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article XII, Water Conservation, Sections 55-155 and the Water Conservation and Drought Contingency Plan regarding measures for effluent distribution and use of effluent by homeowners; providing for penalties; providing for severance; and providing for publication. Minutes Regular Council Meeting June 25, 1996 Page 10 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, Martin, and McNichols voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes referred to Item 10, a discussion of water supply and drought contingency plan issues, and action regarding drought provisions of the Agreed Order. Mr. James Dodson, Regional Water Director, reminded the Council that Condition II restrictions were implemented beginning May 6, 1996, and staff has been tracking water use on a daily basis since that time. Mr. Dodson used charts to illustrate that data, and he pointed out that the goal of water use reduction in Condition II was 15%. He said that rather than compare water use in 1996 with 1995, which was a wet year, it should be compared with water use in 1989, which was the last severely dry year in which drought management measures did not have to be implemented. Consequently, it was found that water use in May 1996 was less than in May 1989, and it was significantly below water use in May 1984, prior to any of the drought contingency measures that were implemented that year. Mr. Dodson added that water use declined in May 1996 as compared to the previous month, when water use would be expected to steeply increase through June. He said that shows that some reductions are being achieved. Council Member Martin asked if the data was adjusted to take into account new housing units, and Mr. Dodson said it was not --it was just raw data. He said with the increase in the number of residential units, there would have been a much higher demand had the water reduction measures not been implemented. Mr. Dodson also discussed water use by major customer categories, and he noted that industry use has been steadily declining since about September 1995. Although industries are not under any mandatory water restrictions, the major industries have voluntarily complied with the goal of establishing a 15% reduction in water use. Mr. Dodson acknowledged that there are some people who are still watering more than necessary. Mayor Rhodes asked about the TNRCC's reaction to the city's efforts. Mr. Dodson replied that he had scheduled a meeting with Mr. Dan Pearson, Executive Director of the TNRCC, on June 26, 1996 to discuss that information. He added that the Texas Water Development Board has funded a research grant to the LBJ School of Public Affairs to examine the city's performance under the drought plan. He said June's billing data will be helpful in gathering more information. He urged citizens to be more prudent in their outdoor water use, saying that under these drought conditions all that was really needed was to keep people's yards alive. Council Member Heldenfels asked about the amount of treated effluent that is discharged into the bays and estuaries. Mr. Dodson replied that about 5,000 acre-feet is distributed throughout the entire system during each month. Mr. Heldenfels asked why the city only received credit for 500 Minutes Regular Council Meeting June 25, 1996 Page 11 acre-feet. Mr. Dodson explained that the city does, in effect, get credit for all of that amount because the Certificate of Adjudication required that the city provide 151,000 acre-feet per year to the bays and estuaries. The Agreed Order states that the city on the average provide 91,000 acre-feet per year to Nueces Bay after credit is given to the portion of effluent that is discharged into Nueces Bay. Consequently, the 60,000 acre-feet of return flows is credited off the 151,000 acre-feet per year requirement. A discussion ensued. Responding to another question from Mr. Heldenfels, Mr. Dodson said the only way the city can receive credit under the Agreed Order is if there is either a release of water or a spill measured at the Calallen dam, or an intentional diversion of stormwater to Nueces Bay, or the return flow credits for wastewater discharges. Mr. Heldenfels asked why those amounts could not be renegotiated, and Mr. Dodson said all of those issues were addressed when the current Agreed Order was negotiated. He added that there is a provision in the order whereby the city can receive credit in a round -about fashion if the salinity level in the bay falls below a certain amount due to a great influx of stormwater runoff. In reply to Mr. Martin, Mr. Dodson said that credits are received for both municipal and industrial wastewater discharges by all of the area's water customers. Mr. Martin then asked if any freshwater releases were or will be made in June, and Mr. Dodson said they were not. Mr. Martin commended Mr. Dodson for the information he prepared concerning the issue of whether to enact drought provisions of the Agreed Order. Council Member McNichols commented that a tremendous amount of study, investigation, and negotiation went on for two years regarding several issues, including salinity levels and stormwater runoff, that resulted in the establishment of the Agreed Order. He said that agreement maximized the yield from the reservoir system and minimized the amount of freshwater releases that had to occur in any given situation. Mr. Dodson then addressed Item 10.a. concerning drought provisions in the Agreed Order. He explained that when Condition II was implemented in May, it allowed the city to exercise a provision in the Agreed Order in which the freshwater release targets could be reduced from their monthly amounts, which in May and June were about 23,000 acre-feet each month, to a minimal amount of 1,200 acre-feet each month. Once the 500 acre-feet per month credit is factored in, it amounts to an effective requirement of only 700 acre-feet per month. He said there is another provision in the Agreed Order which states that if the reservoir system drops to 30% of capacity or lower, the city may move to a "full -capture" mode of operation, resulting in no targets of freshwater inflows. However, that provision is conditioned upon the city implementing the next level of the drought contingency plan --Condition III. It also specifies that that must occur at the time in the month the 30% level is reached, which is expected to be at the end of June. Minutes Regular Council Meeting June 25, 1996 Page 12 Mr. Dodson said that staff recommended the city not exercise that provision in the Agreed Order because the net effect is negligible --it would mean only potentially gaining 700 acre-feet per month --as compared to the effect that implementation of Condition III would have on the area's economy. Condition III contains measures that would begin putting people out of work. Mr. Dodson added that the current Condition III trigger level is 11% of system capacity, and the Water Conservation Advisory Committee will be making a recommendation in approximately the next month concerning a new trigger level for Condition III. He also recommended that preparations begin for eventually having to implement Condition III if drought conditions warrant it. Responding to Mr. Heldenfels, Mr. Dodson said if the Council wanted to exercise the provision in the Agreed Order, they would have to, at the day's meeting, raise the Condition III trigger level to 30% and the remaining provisions of Condition II would have to be implemented. Mr. Dodson said if the reservoir level dropped to below 30% and the Council did not declare Condition III in that month, the city loses the right under the Agreed Order to go from 1,200 acre- feet of inflows to zero. Mr. Martin said that even if the Council had the time to take different action, he still felt this was the right recommendation, considering the economic consequences that would result upon implemention of Condition III. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, requested more information concerning industrial water usage. He also referred to what he said was a mistaken water release at Lake Corpus Christi. Mr. O'Brien asked about the prohibition of new service connections under Condition III. Replying to Mr. O'Brien, Mr. Hennings said water that spilled over the dam at Calallen last Friday resulted from rainfall occurring above Calallen on the Nueces River. The only water released from Lake Corpus Christi flowed down to Calallen to be sucked out of the pool into the water treatment plant. He said there is a time delay of 36 hours as that water travels down the river, so if rainfall does occur between Calallen and Lake Corpus Christi, sometimes that water will flow over the dam. Mr. Martin explained that with regard to the new housing initiative and resulting new connections, if and when the city implements Condition III, any programs that are inconsistent with the plan would be stopped. Mr. Bray added that new connections would only be prohibited where water was available from some other source at that address. City Secretary Chapa polled the Council for their votes as follows: 10.a. M96-181 Motion approving a recommendation that provisions in the Texas Natural Resource Minutes Regular Council Meeting June 25, 1996 Page 13 Conservation Commission's Agreed Order on freshwater inflows to the Nueces Estuary allowing for the suspension of inflow requirements not be exercised at this time. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. Dr. McNichols said that the Regional Water Supply Task Force, which he co-chairs with Mr. Jerry Kane, has met and the members have been given the charge of expediting the construction of a pipeline from Lake Texana to Corpus Christi, and to review all alternatives that are available to supplement the area's water supply plans for the future. He said the members are well aware of the community's interest in desalinization, and they suggested that Mr. Ron Marek, who is an advocate of desalinization, be appointed to the Regional Water Supply Task Force. He said the possibility of developing a small-scale desalinization project has been discussed, in order to determine if a larger -scale project would be feasible in this region. Mayor Rhodes said Mr. Marek was appointed to the Regional Water Supply Task Force. Mr. Heldenfels commented that if a water pipeline is to be built, it has to be constructed soon, because it is estimated that the area's water supply will be diminished sooner than previously thought. Council Member Best said it is often mentioned that the Navy uses desalinization on its ships, which Dr. Best said was untrue; rather, they use condensation. He also noted that Israel is planning to build a 500 -mile pipeline because it is less expensive than desalinization. Mr. Martin suggested that all of the Council have background information that was presented last week to the members of the Regional Water Supply Task Force. He also reiterated Mr. Heldenfels' comment that since this area is in the drought of record, it is possible that additional water supplies could be necessary within 24 to 28 months, rather than after the year 2000. Mr. Martin said even if people do not agree on the solution, they need to agree on the problem that needs to be solved. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 11, airline use/lease agreement. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa stated that Dr. McNichols would be abstaining from voting on Item 11. Mr. Chapa then polled the Council for their votes as follows: Minutes Regular Council Meeting June 25, 1996 Page 14 11. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute approximately a five year lease ending December 31, 2001 with Southwest Airlines Company for ticket counter space, office space, gate space, apron space, and joint usage of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total $4.06 per enplaned passenger and are adjusted annually based on a fixed formula. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, and Martin voting "Aye"; McNichols abstaining; Cooper and J. Longoria absent. Mr. Hennings introduced Mr. Edward Shelswell-White, Chairman of the Airline Affairs Committee, who said that Southwest Airlines celebrated its 25th anniversary on June 18, 1996. He said the airline is grateful for the support it has had from the Corpus Christi citizens and the local airport. Responding to a question from Council Member Martin, Mr. Hennings said the job description and title of the airport Business Development Manager had been changed from the previous Administrative Assistant position at the airport. He added that other city positions would be reported to the Council in July during the budget process. Mr. Martin said that action applies to reclassifications of positions, but not to the creation of entirely new job positions and functions. Ms. Bonnie Allin, Director of Aviation, said that "Business Development Manager" was a working title for a position that had been reclassified from an Administrative Assistant III to an Administrative Assistant V; in addition, the position's duties have been realigned to emphasize the marketing and properties functions at the airport. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 12, Wood River Subdivision annexation. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 022617 Annexing Wood River Subdivision Unit 11A (9.687 acres) and Lot 1, Block 47, the park at Wood River Unit 8, (0.46 acre), more or less out of a 400 acre tract out of the Mariano L. De Herrera Grant Abstract 606, Nueces County, Texas and providing for severance. Minutes Regular Council Meeting June 25, 1996 Page 15 The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 13. Case No. C596 -4A. City Of Corpus Christi: Zone newly annexed area to "R -1B" One - family Dwelling District on Wood River Subdivision Unit 11A and 0.461 acre out of Mariano L. De Herrera Grant Abstract 606, located along the north side of Beal Drive at River Park Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022618 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Wood River Subdivision Unit 11A and 0.461 acre out of Mariano L. De Herrera Grant Abstract 606, from unzoned to an "R -1B" One -family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * ** Mayor Rhodes opened the public hearing on the following zoning case: 14. Case No. 596-1. T.G. Properties. A change of zoning from "A-1" Apartment House District to "I-2" Light Industrial District on John Industrial Subdivision, Lot 3A, located on the west side of Old Brownsville Road, approximately 375 feet north of Bear Lane. The Mayor noted that this zoning case was being tabled. -r• Minutes Regular Council Meeting June 25, 1996 Page 16 TABLED Zoning Map i,..efa.,n.,e to --John Indu0t.iaLyubelivisia.., Lot 3A, front "A 1" Apartment I Iuus., District to "B 3" Busi..css Dist. ct; pruvid:..g-f'i,. YaLI:. sties * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 15. Case No. 596-5. Plumber's Warehouse: A change of zoning from"B-1" Neighborhood Business District to"B-4" General Business District on Kostoryz & Gollihar Center Annex A, located on the north side of Gollihar Road, approximately 100 feet east of Kostoryz Road. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022620 Amending the Zoning Ordinance upon application by Plumber's Warehouse, by changing the Zoning Map in reference to Kostoryz & Gollihar Center Annex A, from "B-1" Neighborhood Business District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. ************* Mayor Rhodes opened the public hearing on the following zoning case: 16. Case No. 596-6. Arlington Heights Church of Christ: A change of zoning from an "F -R" Farm -Rural District and a "B-4" General Business District to an "A-1" Apartment House District on Frank Addition, Block A, Lot 2, located along the south side of Interstate Highway 37 and along the east side of Rand Morgan Road. Minutes Regular Council Meeting June 25, 1996 Page 17 Mayor Rhodes said the Planning Commission and staff recommended denial of the "A-1" District, and in lieu thereof, approval of a Special Permit for a retirement complex subject to a site plan and four (4) conditions. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Council Member Martin asked if it was staff's recommendation that this land remain "F -R," with the exception of the portion that is zoned "B-4." Mr. Utter said it would have a special permit on it, which is an overlay district. Mr. Martin asked if "A-1" was the minimum required zoning for the proposed use, and Mr. Brandol Harvey, Director of Planning and Development, said it was; he noted that it was an usual situation. Mayor Rhodes asked if the applicant had agreed to the special permit and the special conditions, and Mr. Utter said they did. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO 022621 Amending the Zoning Ordinance upon application by Arlington Heights Church Of Christ, by granting a Special Council Permit for a retirement complex subject to a site plan and four (4) conditions on Frank Addition, Block A, Lot 2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 17. Case No. 596-7. Savannah Robinson: A change of zoning from "A-1" Apartment House District and "A-2" Apartment House District to "AB" Professional Office District on Brayton Addition, Block 2, Lots 3 and 6, located between South Tancahua and South Carancahua Streets, approximately 40 feet north of Agnes Street. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Minutes Regular Council Meeting June 25, 1996 Page 18 City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 022622 Amending the Zoning Ordinance upon application by Savannah Robinson, by changing the Zoning Map in reference to Brayton Addition, Block 2, Lots 3 & 6, from "A-1" Apartment House District and "A-2" Apartment House District to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 18. Case No. C596-8. City of Corpus Christi. A change of zoning from "A-1" Apartment House District and "A-2" Apartment House District to "AB" Professional Office District on Brayton Addition, Block 2, Lots 2 and 7, located along the north side of Agnes Street, between South Tancahua and South Carancahua Streets. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022623 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Brayton Addition, Block 2, Lots 2 & 7, from "A-1" Apartment House District and "A-2" Apartment House District to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Minutes Regular Council Meeting June 25, 1996 Page 19 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 19 through 25, and Council Members requested that Item 25 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 19. M96-182 Motion approving a supply agreement with Lucier Chemical Industries LTD., dba LCI, LTD., Jacksonville Beach, Florida for approximately 350 tons of hydrofluosilicic acid in accordance with Bid Invitation No. BI -0160-96 for an estimated annual expenditure of $53,641 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, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 20. M96-183 Motion approving supply agreements with the following companies for the following amounts in accordance with Bid Invitation No. BI -0194-96 for approximately 30,300 feet of sch. 40 PVC pipe ranging in size from %x" - 8"; 13,764 fittings; 6,426 plugs; 170 gallons of primer, solvent, and cement; and various components based on low bid and low bid meeting specifications for an estimated annual total of $61,193.24. Funds are budgeted in FY 95-96 and requested for FY 96-97 by the using departments. International Supply Corpus Christi. Texas Pipe, Components - Low bid Low bid meeting specifications Group 1, Item 5.1 $24,776.40 Fergusson Enterprises Corpus Christi. Texas Plugs, Components - Low bid Low bid meeting specifications Group 3, Items 5.3, 5.4 $19,255.68 Noland Co. Corpus Christi. Texas Fittings, Cement, Solvent, Primer Components Low bid, Low bid meeting specifications Groups 2 and 4, Item 5.2 $17,161.16 GRAND TOTAL: $61,193.24 Minutes Regular Council Meeting June 25, 1996 Page 20 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 21. Iv196-184 Motion approving the purchase of one 70 -HP Utility Tractor, in accordance with Bid Invitation No. BI -0172-96, from Coastal Plains Equipment Company, Corpus Christi, based on an only bid in the amount of $22,997. The tractor is budgeted in the 1995-96 Capital Outlay by Aviation Department as replacement equipment. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 22. M96-185 Motion approving the purchase of pump repair parts in accordance with Bid Invitation No. BI -0242-96 from the following firms based on low bid and only bid. The parts are budgeted by Water Department in the 1995-96 Capital Outlay. BW/IP International, Inc. Houston. Tx Item 1 $43,310.00 A&H Enterprises, Inc. Brownsville. Tx Items 2 & 3 $111,576.00 Grand Total of Awards: $154,886.00 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 23. M96-186 Motion awarding a contract in the amount of $34,354 to Haeber Roofing Company for roof replacement at the Greenwood Branch Public Library. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 24. M96-187 Motion awarding a contract in the amount of $40,960 to Fairbairn Electric at the O.N. Stevens River Station to: (1) add remote controlled valves on raw water pumps; and (2) Minutes Regular Council Meeting June 25, 1996 Page 21 replace 4160 volt electrical service line. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 25, airport terminal reconstruction. Council Member Heldenfels questioned the diagram illustrating the reconstruction, and Mr. R.H. Shackelford, Director of Engineering Services, and Ms. Allin said there was an error in the diagram, and there was not an existing lawn area as was indicated. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 25. M96-188 Motion authorizing the City Manager or his designee to execute Change Order No. 2 in the amount of $27,915 to the contract with B.E. Beecroft Company for Reconstruction of the Hayden Head Terminal Building, Phase 1A, for a new contract amount of $2,565,044. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings pointed out that the Animal Control Advisory Committee would be having a meeting on June 27, 1996 at 6 p.m. at the Health Center concerning the coyote problem on Padre Island. He said there would not be a Council meeting next Tuesday, July 2, and the focus of the July 9 Council meeting would be the budget workshop. Mr. Crull explained that there was a water main break on a 30" line on Omaha Street between Leopard and Baldwin. He noted that that situation occurs when the ground gets very dry, and staff is trying to respond as quickly as possible to leaks. Mr. Crull also said there had been some additional rain below Lake Corpus Christi that afternoon, which was contributing to runoff over the dam at Calallen. Responding to Council Member Betty Jean Longoria, Mr. Crull said the water main break had resulted in some citizens not having water for a period of time, as well as some citizens who had Minutes Regular Council Meeting June 25, 1996 Page 22 water in their houses. He said staff has canvassed that area with fliers advising them to contact the Risk Management Department with any damage claims. In her report, Mayor Rhodes said that as part of the Fourth of July festivities this year, the U.S.S. Lexington was hosting a fundraising event, and Mercantile Bank was offering the Council members tickets to it. Mayor Rhodes called for Council concerns and reports. Council Member Betty Jean Longoria requested information on two pieces of property located on the southwest corner of Port and Agnes, and on the southwest corner of Leopard and Villa. She noted that auto repair shops in those locations were accumulating junk cars. Council Member McNichols referred to a letter he had received from Mr. Buck Sosa of the Firefighters Association. He asked that the Council be informed of staff s response to the allegations that were made in the letter. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:25 p.m. on June 25, 1996. * * * * * * * * * * * * *