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HomeMy WebLinkAboutMinutes City Council - 09/24/1996I 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 September 24, 1996, which were approved by the City Council on October 8, 1996. WITNESSETH MY HAND AND SEAL, this 8th day of October, 1996 Armando Chapa City Secretary SEAL MICRO ►LMEU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 24, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Betty Black Melody Cooper Tony Heldenfels* Betty Jean Longoria John Longoria* Edward Martin Dr. David McNichols 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 Pastor Arturo Mariscal, 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 meetings of September 10, 1996 and September 17, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor introduced Mr. Carl Lewis, Nueces County Attorney, who discussed the "Children's Impact Statement." Mr. Lewis, a member of the Commission on Children and Youth, said the statement is designed to ensure that when the Council considers ordinances in the future, there be some consideration of the potential impact on children. *Council Member Heldenfels arrived at the meeting at 2:07 p.m. Mr. Lewis said a possible wording of the impact statement could be as follows: "We, the members of the City Council of the City of Corpus Christi, have considered prior to our passage of the foregoing ordinance, the impact this ordinance will have upon the children of the City of Corpus Christi, and by placement of our signatures hereto we certify and affirm that the best interests and Minutes Regular Council Meeting September 24, 1996 Page 2 welfare of our children are served by the passage of this ordinance." Mayor Rhodes asked Mr. Lewis if he knew of any other U.S. cities that used such a statement, and he replied that San Francisco was the only example that the commission members had found. Responding to Council Member Betty Jean Longoria, Acting City Manager Hennings said that if the Council wished to pursue incorporating a Children's Impact Statement, a reasonable approach would be to involve the city commissions and committees in the process. Mr. Lewis pointed out that there are some obvious examples, such as the recently approved ordinance regulating sexually oriented businesses, in which the impact on children is very evident; however, there are some more subtle ordinances in which the impact statement could serve as a "consciousness -raising" device. Mayor Rhodes asked how such statements would legally bind the Council, and Mr. Lewis said he did not know, but he said the statement was written to indicate that the Council, in making its deliberations, had considered the best interests of the children in the community. Mr. Heldenfels suggested that the statement may not be legally binding if it said something to the effect that the Council was considering the welfare of children solely for the purpose of consciousness raising. Mayor Rhodes asked Mr. Lewis to provide city staff with a copy of the commission's proposal and to await staff's opinion. Council Member McNichols said he and the rest of the Council supported Mr. Lewis' proposal, adding that it needed to be examined by staff and responded to by the Council. Council Member Black requested more information about San Francisco's impact statement. The Mayor asked Mr. Hennings to assign a staff person to work with the commission on this project. The next presentation was made by Mr. Hywel Jones, Executive Director of the Corpus Christi Symphony Orchestra, who said that the orchestra would be opening its 52nd season in two weeks. Mr. Jones noted that Mr. Cornelius Eberhardt, orchestra music director, will be retiring at the end of the season, and he asked the Council to consider recognizing Mr. Eberhardt's contribution to the orchestra. Mr. Jones said there were many major plans to expand the orchestra over the next three years, including a search for a new music director. He thanked the Council for their support. *Council Member John Longoria arrived at the Council meeting at 2:15 p.m. * * * * * * * * * * * * * Minutes Regular Council Meeting September 24, 1996 Page 3 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Nueces County Community Action Agency Mayor Mary Rhodes - Council Member Betty Jean Longoria - Council Member John Longoria - Represented by Sonya Kay Lee Represented by Victor Gonzalez Represented by Freddy Cavazos * * * * * * * * * * * * * Council Member McNichols suggested that since the agenda was particularly long, the closed sessions be held earlier in the meeting. It was determined that as there were many people present for different items, the Council would proceed with the agenda and go into closed session prior to consideration of the consent agenda. Mayor Rhodes announced that Item 27 was being pulled off the agenda. The Mayor then opened discussion on Item 3, consideration of an appeal by Martin and Pam Anguiano of the Building Standards Board decision requiring demolition of a building at 645 Mohawk; however, the Anguianos were not present at the meeting at that time. Council Member Best made a motion to uphold the Building Standards Board's decision, seconded by Council Member Betty Jean Longoria, and passed unanimously. (*Note: This item was reconsidered later in the meeting, and the Council voted to postpone further action on it until October 8, 1996 See pages 19-21 of the minutes.) * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 4. Case No. 896-1. SSP Partners. A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Forest Park Addition Unit 2, Lots 9, 10, and 11, located on the southeast corner of Interstate Highway 37 and Nueces Bay Boulevard. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Council Member Betty Jean Longoria noted that this zoning change was requested to allow an auto repair facility. She said that such facilities often begin accumulating junk cars that need repairs, and this particular facility will be very visible. Mr. Brandol Harvey, Director of Planning Minutes Regular Council Meeting September 24, 1996 Page 4 and Development, said that the business would have to conform with all of the standard requirements under `B-4" zoning for auto repair, including that all of the repair activity would have to occur inside the building with no outside storage. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 022694 Amending the Zoning Ordinance upon application by SSP Partners, by changing the Zoning Map in reference to Forest Park Unit 2, Lots 9, 10, and 11, from "B-1" Neighborhood Business District to "B-4" General Business District; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 5. Case No. 896-2. Johnny O'Neal. Jr.: A change of zoning from an "F -R" Farm -Rural District to an "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lots 20, 29, and 30, located on the south side of Yorktown Boulevard, between Flour Bluff Drive and Waldron Road. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. 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 concems about the subject property's partial location in Accident Potential Zone 1 (APZ-1) had been addressed. Mr. Harvey replied that overall with the rezoning, the total density of the property would be less than would be allowed as a matter of right in conformity with APZ designations. Dr. McNichols said that anything that can be done to decrease population density in APZ zones is in the best interest of the community. Council Member Martin pointed out that the subject property was currently zoned "F -R" Farm -Rural District, which would allow for 12 units, while the proposal to rezone to "RE" Residential Estate District would allow for 60 units on the 60 acres. Mr. Harvey said that if staff Minutes Regular Council Meeting September 24, 1996 Page 5 strictly interpreted the Navy's guidelines for accident potential zones, there would only be one housing unit per five acres within the APZ, but 10 feet on the other side, the city's plan would allow seven units per acre. He said that obviously the planes flying overhead do not follow the APZ line exactly, and staff considers the APZ and its environs in a larger context, which would result in having fewer housing units that could be impacted by noise and possible accidents than if staff followed the adopted land use plan. Mr. Martin asked if the Navy had agreed to this proposal, and Mr. Harvey said they had not. Mr. Martin said it should be determined if the Navy concurred with the proposed increase in density compared to the current situation. He added that if the Navy agreed, he would support the plan. Mr. Tom Utter, Assistant City Manager for Development Services, said staff could discuss this issue with Navy officials and bring it back before the Council on October 8, 1996. Mr. Johnny O'Neal Jr., 437 Dolphin, said his intention was not to develop any properties that conflicted with the Navy's guidelines. Council Member Heldenfels asked where Mr. O'Neal planned to build the first two housing units on the subject property, and Mr. O'Neal said probably toward the back of the property. 5. POSTPONED Zoning Map ;n refisren.,e to Flea Bluff and Eneinal Tarns and Cart.. Trats, Retied' 51, Lots 20, 29, and 30, fres.. "I' R" Farm Rural District to "RE" Residential Estate District; b1i p.uvijIII g-fi,r pu„at;e1,, as.d de lar:ng y. ************* Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No. 896-4. Ann Jaime Swan: A change of zoning from an "A-2" Apartment House District and "B-5" Primary Business District to a "AB" Professional Office District on Booty and Allen's Addition, Block 1, west 92.67 feet of Lots 10 and 11, located on the northeast corner of Elizabeth and South Alameda Streets. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. 7 Minutes Regular Council Meeting September 24, 1996 Page 6 Council Member Black said she had had several requests for a light to be placed at Booty and Staples streets, and she asked if this would create more traffic. Mr. Utter said the city's Traffic Engineering Department would monitor that situation, adding that this was a relatively small medical office and should not generate a tremendous amount of traffic. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 022695 Amending the Zoning Ordinance upon application by Ann Jaime Swan, by changing the Zoning Map in reference to Booty and Allen's Addition, Block 1, west 92.67 feet of Lots 10 and 11, from "A-2" Apartment House District and "B-5" Primary Business District to a "AB" Professional Office District; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 896-5. Maria Torres Duane. A change of zoning from an "R -1B" One -family Dwelling District to an "AB" Professional Office District on Gardendale Addition, Block 3, Lot 18, located on the north side of Cain Drive, approximately 232 feet east of Everhart Road. Mayor Rhodes said the Planning Commission and staff recommended approval. Mr. Harvey said the request was to rezone from "R -1B" to "AB" to allow a dental clinic. He then showed a video of the subject property. He noted that located directly behind the subject property was the Kiko's Restaurant parking lot that was given a special permit to serve the restaurant which fronts on Everhart Road. He said the "AB" district is specifically designed to allow uses that are compatible immediately adjacent to and within residential development. Mr. Harvey added that since this was an expansion of non-residential properties on Everhart, it was considered to be a good transitional zoning from general commercial to the residential properties remaining down Cain Drive. Mr. Ralph Nau, 4826 Cain Dr., said his property is located adjacent to the subject property, and he is often disturbed by the noise generated by the existing commercial properties. He said he was told that the only reason Kiko's was given the special usage was due to the business' egress on Minutes Regular Council Meeting September 24, 1996 Page 7 Everhart, and future commercial properties would also have to have egress to Everhart. Mr. Nau questioned how far down Cain Drive commercial properties would be allowed to exist. He commented that gang activity has been a problem there, resulting in the need for considerable lighting and security. He said if the subject property was zoned commercial, he and his neighbors would be interested in rezoning their properties to commercial use. Mr. Harvey stated that the adopted plan calls for commercial uses on Everhart, and there are policy statements that generally say that between commercial uses and residential there ought to be some transitional zoning such as multi -family or professional office. He said the current request for rezoning was for professional office use, and he would expect that the next lot could also be rezoned to professional office use if that was requested. Mr. Harvey stated that staff was not planning today or in the future to rezone properties down Cain Drive to commercial. Responding to Mayor Rhodes, Mr. Harvey said there would be no specific requirement for security or directional lighting for the subject property. Council Member Heldenfels pointed out that the subject property is a 39,600 -square foot lot and the dental clinic will only be about 2,000 square feet, but the exact location of the building on the lot is not specified. Mr. Harvey replied that with the "AB" zoning the side yard requirements are increased compared with the single-family zoning. Council Member Martin asked if the 20% rule was in effect, and Mr. Harvey said it was not, adding that only one property owner (Mr. Nau) was opposed to the rezoning. At the Planning Commission meeting, Wendy's restaurant had indicated its opposition but it has since withdrawn opposition. Mr. Martin referred to the process that took place with Kiko's Restaurant's zoning, and he said the Council at that time did offer much assurance about the issue of access to Everhart and not letting commercial properties expand into the neighborhood. He pointed out that with this rezoning, the Council was not merely approving a 2,000 -square foot building as proposed but rather any allowable professional office use that could fit on that lot. Council Member McNichols commented that "AB" zoning was used as transitional zoning because professional office use was not generally high -use and high -traffic and was much more compatible to residential uses. Mr. Martin asked if the applicant or staff had considered a special permit, and Mr. Harvey said they did not because the "AB" usage seemed to be supportable. Mr. Martin pointed out that with a special permit lighting and specific useage could be controlled. Mr. Joe Garcia, 645 McCall Street, who represented the applicant, distributed a proposed site Minutes Regular Council Meeting September 24, 1996 Page 8 plan and floor plan. Mr. Martin asked if the applicant would consider a special permit. Mr. Garcia replied that the applicant would prefer not to have a special permit because she is in the process of obtaining a loan, and he said that most lending institutions would prefer not to lend money for properties that are encumbered by special provisions. He said the applicant felt the "AB" zoning was proper, and the request had been recommended for approval by both the Planning Commission and city staff. Mr. Heldenfels said he understood Mr. Nau's concerns, and questioned the applicant's hesitancy toward receiving a special permit. Mr. Garcia replied that the applicant was not opposed to a special permit, but she would prefer the "AB" zoning. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 022696 Amending the Zoning Ordinance upon application by Maria Torres Dunne, by changing the Zoning Map in reference to Gardendale Addition, Block 3, Lot 18, from "R -1B" One -family Dwelling District to "AB" Professional Office District; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 896-6. L.D. Coffey: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Highway Park, Block A, Lots 4 and 5, located on the west side of Rhodes Court, approximately 150 feet south of Leopard Street. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. 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. 022697 Amending the Zoning Ordinance upon application by L. D. Coffey, by changing the Zoning Map in reference to Highway Park, Block A, Lots 4 and 5, from "R -1B" One -family Minutes Regular Council Meeting September 24, 1996 Page 9 Dwelling District to "B-4" General Business District; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No 896-7 I I nd M rin rvi A change of zoning from a "B -2A" Barrier Island Business District to an "I-2" Light Industrial District on Padre Island No. 1, Block 2, Lots 9A and 10A, located on the west side of South Padre Island Drive (Park Road 22), approximately 320 feet north of Jackfish Avenue. Mayor Rhodes said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for boat storage and boat repair subject to an approved site plan and six (6) conditions. No one appeared in opposition to the zoning request. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Mayor Rhodes said the six conditions were: this is the only use authorized; proper landscaping must be provided; standard screening fence is required; outside paging, speakers or telephone bells are prohibited; all security lighting must be directed away from the residential area; and the special permit will expire within one year unless the property is being used as outlined. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022698 Amending the Zoning Ordinance upon application by Island Marine Services, by granting a Special Council Permit for boat storage and boat repair subject to six (6) conditions, on Padre Island No. 1, Block 2, Lots 9A and 10A; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting September 24, 1996 Page 10 Mr. Chapa pointed out that the public hearing on Item 7 was not closed; therefore, Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Best, and passed unanimously. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, water -related issues. Mr. James Dodson, Regional Water Director, explained that on September 10, 1996, the Council amended the city's Drought Contingency Plan and voted to enact Condition III effective November 1, 1996. The schedule was designed to phase in Condition III, with the first elements simply being prohibiting the use of water for scenic ponds and lakes; prohibiting the use of water for putting new agricultural land into production; and allowing restaurants to serve water only upon request. He said the mandatory rationing elements of Condition III were scheduled to be implemented when the reservoir system capacity dropped below 20%. Mr. Dodson said staff then submitted a work plan with those elements he described to the Texas Natural Resource Conservation Commission (TNRCC) to try to suspend the requirements for freshwater releases. During meetings held last week in Austin, TNRCC staff indicated that there had been misunderstanding about the timing of the implementation of those elements. Mr. Dodson referred to a letter from Mr. Dan Pearson, TNRCC Executive Director, to Mr. Hennings in which he comments on the city's work plan and states that the TNRCC would like to see the immediate implementation of Condition III and the three elements previously discussed in order to immediately qualify for suspension of the releases. Mr. Pearson also called for some additional water conservation measures to be put into effect by November 1, 1996. The Regional Water Director said the staff was proposing an ordinance which would again amend the Drought Contingency Plan to allow for the immediate implementation of Condition III and those three items. He said the pass-through suspensions would be conditioned upon further water savings measures to be implemented, but it would allow staff several weeks to work with TNRCC staff in developing a plan for those measures that would be acceptable to all. The city would not be required to meet the September targets at this time, and if the Council approves the water savings measures during its October 8th meeting, then all inflow requirements remaining from August, September and October would be immediately suspended. Council Member McNichols said the question arises why the city is being asked to amend the plan it recently adopted. He said sometimes staff and the Council think they understand the TNRCC's directives and either they do not interpret it correctly or the message is not as clear as it could have been, or both. He asked the Council to support the proposals because they constituted fairly minor changes in the plan yet they go a long way in continuing the good -faith negotiations with both the TNRCC staff and commissioners and ultimately accomplishing a long -held goal of Minutes Regular Council Meeting September 24, 1996 Page 11 suspending the freshwater releases. Dr. McNichols noted there are people in the community who feel that a legal challenge should be sought to suspend the releases; however, that would only result in the cessation of negotiations. He asked those people to stand behind the Council at this time to avoid a legal issue. Mayor Rhodes commented that she, Mr. Jerry Kane and city staff did have some productive face-to-face meetings with Mr. Pearson and TNRCC staff, and she said she totally agreed with Dr. McNichols' comments about continuing to negotiate in good faith. She added that if the city, upon its own volition, stopped releasing the water, the city would be under immediate fines and the TNRCC has the power to overturn the decision anyway. Council Member Heldenfels asked why the Council was waiting until October 8 to make its final decision. Mr. Dodson replied that they are still working with TNRCC staff to try to identify acceptable water -saving measures. Mr. Heldenfels also referred to an opinion from City Attorney Bray regarding a request for reconsideration of a water pipeline appropriation ordinance. Mr. Heldenfels questioned Mr. Bray's interpretation of the phrase "appropriations already made" in Article I, Section 4(b) of the Charter, which Mr. Bray quoted in his opinion. Mr. Bray replied that the ordinance in question was clearly an appropriation, and that section of the charter is a comprehensive statement which lists items that are not included within the initiative and referendum provisions. He added that the exclusion of appropriations is very standard on all initiative and referendum provisions. Mr. Heldenfels said he thought that was unfair. Mayor Rhodes said she had asked TNRCC officials about citizens using their monthly water allotments as they saw fit, and they agreed. Council Member Martin asked Mr. Dodson if it was reasonable to say that the proposed ordinance would essentially have no effect on anyone, and Mr. Dodson said it was. Mr. Martin then referred to the third "Whereas" clause in the proposed ordinance which states that the TNRCC "...has agreed that the City could suspend further releases of water..." He suggested that the wording instead could be "temporarily suspend" since the releases would not be stopped permanently. Mr. Martin also asked about the following statement in the proposed ordinance: "...Condition III shall remain in effect as long as the TNRCC allows the City of Corpus Christi to suspend the passage of inflows from the reservoir system." Mr. Bray replied that that language was included to allow the city to suspend releases even if the reservoir system capacity goes above 30%. Mr. Martin said that is yet to be determined through negotiations with the TNRCC. Mr. Martin asked if a proposal made by Mr. Ray Allen, Chairman of the Coastal Bend Bays Minutes Regular Council Meeting September 24, 1996 Page 12 Foundation, will be included in city staff's discussions with the TNRCC, and Mr. Dodson said it will be. (Mr. Allen's proposal concerns increasing wastewater diversions to Nueces Bay.) Mr. Martin said that if Mr. Allen's idea could be implemented successfully, it would be a permanent solution to the issue of water releases. Dr. McNichols pointed out that the permits have been obtained to initiate the effluent diversion demonstration project in the Nueces River Delta near the Allison Wastewater Treatment Plant. Following a brief discussion, the Council concurred that Mr. Allen's proposal should be pursued. Upon verification by Mr. Bray, Mr. Martin said that no releases would be made in September nor prior to the City Council discussing the issue. Responding to Council Member Best, Mr. Hennings said the goal was to arrive at an agreement with TNRCC so that whatever action the Council takes on October 8 will be satisfactory to them and they will suspend the requirement for water releases for the remainder of the drought. Dr. Best reiterated his frustration with the mandated water releases. Dr. Best also asked about the lake levels and their correlation to the releases and the end of the drought. Mr. Hennings replied that all of those details will be discussed with TNRCC officials and brought before the Council on October 8 for their approval. Dr. Best also asked if any of the TNRCC officials have visited Corpus Christi to see the situation first-hand, and Mr. Hennings said that Mr. Bruce Moulton of the TNRCC has been a regular participant in the city's Water Conservation Advisory Committee meetings as well as coming to Corpus Chirsti on several other occasions, and the commissioners themselves have been here. Mr. Hennings added that it is his plan to have in writing on October 8 the position of the TNRCC on what will be entailed to suspend water releases for the remainder of the drought. Council Member Betty Jean Longoria said the Council members have the responsibility to explain the situation behind the water releases to concerned citizens when they inquire about it. She also asked if staff agreed to add the word "temporarily," and Mr. Dodson said they agreed. Mr. Hennings explained that Items 10.a. and 10.b. were an all-out effort on the part of the city to put an end to the water releases until the end of the drought. He said on October 8 the Council will be able to determine if the TNRCC's requirements will be reasonable or not. Mr. Bray pointed out that Sections 4, 5 and 6 that are referred to in Section 2 of the proposed ordinance refer to the numbers of the sections that were renumbered at the last Council meeting; that is, they refer to the provisions prohibiting water in the following instances: in restaurants (except upon request), water for scenic and recreational ponds, and water to put new agricultural land into production. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting September 24, 1996 Page 13 Mr. Jim Parker, of Parker Landscape, asked if the city would still be under a modified Condition III if the Council approved the ordinance. He also asked if 30 -day water permits would still be available for new landscaping. Mr. Hennings replied affirmatively to both questions. Mr. Parker then asked if the Water Conservation Advisory Committee (of which Mr. Parker is a member) would be able to work with staff in their negotiations with the TNRCC. Mayor Rhodes said the situation was no longer within the scope of the advisory committee since city staff was negotiating directly with the TNRCC. Mr. J.E. O'Brien, 4130 Pompano, said the news media reported the water supply at 29.89% of capacity, and he questioned the implications if that figure rose to over 30% and the ordinance was passed. He also asked for a definition of the term "appropriation" in reference to Mr. Bray's opinion. He said the U.S. and Texas constitutions as well as the City Charter guarantee the people the right to petition. He disagreed with Mr. Bray's comment that the $4.8 million for preliminary pipeline costs is contained in the budget. Mr. O'Brien said he thought the $4.8 million was a loan and would be repaid. Mr. Martin replied to Mr. O'Brien that the ordinance was worded in such a way that if the 30% level is exceeded, the releases will continue to be suspended pending the October 8th action by the Council. Mr. Leon Perez, 904 Buford, said he could not understand why the issue of water releases was still being debated. He also contested the authority of the TNRCC to require the releases and criticized the water pipeline. Mr. Phil Rosenstein said there has been much confusion regarding the whole water issue, adding that the brunt of the water conservation measures is being borne by residents. Mr. Neal Trolinger, 337 Stages Dr., said there are conflicting statements made concerning the water releases, and he said the proposed ordinance extends the drought above the 30% mark to those people who are regulated by ordinance. Mr. Jimmie Till, 1265 Southern Minerals Road, asked about the three provisions of Condition III that were being proposed at this time. Mr. Dodson said the three items that would be put into effect immediately were: prohibition of the use of water for scenic ponds and lakes; prohibition of the use of water for putting new agricultural lands into production; and restaurants would only be allowed to serve water upon customer request. Ms. Carm Shafer, 11910 Mesa Ave., said she found it very hard to believe that after all the negotiations the city has gone through that they had nothing in writing. Mayor Rhodes said there has been several things in writing but it is a continual process where the city renegotiates with TNRCC. She said Mr. Hennings is quite correct in not wanting to bring any further proposals to the T Minutes Regular Council Meeting September 24, 1996 Page 14 Council unless the TNRCC has first approved them. Mr. R.F. Hasker referred to a report by Mr. Dale Nelson of KRIS -TV regarding the lake levels, and he agreed with a previous speaker that this issue was very confused. Mr. Hennings said that last night KRIS -TV news made a serious misstatement about the water release situation. He said the viewer was led to believe that the city has intentionally released over 800,000 acre-feet of water to the estuary since 1992, and that that amount is far in excess of the amount required to be released. He said the statement was even made that there was mismanagement in that regard. Mr. Hennings said those statements were absolutely untrue because the figures used in the newscast included the flood flows on the Nueces River in 1992 and 1993, when the two reservoirs were full. He said the additional waters then flowed over the lakes and flooded down the Nueces River; of the 800,000 figure referred to in the newscast, over 600,000 acre- feet consisted of flood flows on the Nueces River in 1992. He added that those misstatements were highly irresponsible and damaged the public understanding of the role of water releases. Mr. Hennings went on to explain that the city was required to agree to a program of planned water releases as a pre -condition to construct Choke Canyon Reservoir. In addition, if Choke Canyon had not been built, and no releases were required from Lake Corpus Christi, then Lake Corpus Christi would have dried up and the region would have no water today. Mr. Hennings emphasized that Choke Canyon has greatly contributed to the area's water supply during this drought. He added that under the present pass-through plan of water releases, only 3,650 acre-feet of water has been passed through to the estuary since the beginning of 1996. Mr. Martin reiterated that the Council's action with the ordinance affected no one; it merely allowed the city --in a non -adversarial way --to not have to make water releases in September. He said the major issues will be discussed in two weeks. Responding to Mr. Heldenfels, Mr. Hennings said the amount of water that is released at certain times depends on the circumstances; for instance, for the first six months of 1992 the lakes were full most of the time and he did not think there was any requirement to release water other than what flooded during that time. He noted that since the release targets are monthly targets, it depends on the circumstances for that month. In reply to Dr. Best, Mr. Dodson said to his knowledge the city was not really providing water for irrigation. Mr. Heldenfels made a motion to insert the word "temporarily" in the third "Whereas" of the proposed ordinance, seconded by Mrs. Longoria; the motion passed. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting September 24, 1996 Page 15 10.a. ORDINANCE NO. 022699 Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-156, Water Conservation and Drought Contingency Plan regarding Conditions III, to comply with provisions in the Texas Natural Resource Conservation Commission's Agreed Order on freshwater inflows to the Nueces Estuary allowing for the suspension of remaining inflow requirements. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 10.b. M96-286 Motion directing the City Manager to request the Texas Natural Resources Conservation Commission to take the necessary actions to permit suspension of releases from the reservoir system of all inflows. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Mr. Martin asked that the original sections that are referred to in the ordinance be filed with the ordinance. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10.c., cost of water services study and other water related issues. Mr. Hennings stated that when the Council appointed the Regional Water Supply Task Force, he had suggested that the cost of service study that was completed in 1990 be updated. He explained that a cost of service study identifies a class of customers, such as single family residences, and then it determines what the cost is to provide water to those customers compared with the rates they are paying. Mr. Hennings said the project team consisted of Steve Klepper, a city staff member; and John Moore and Rick Covington of Resource Management International, with assistance from the local firm of Collier, Johnson & Woods. Members of the working group overseeing the project were Jim Naismith, Carola Serrato, Jim Edmundson, Ford Patton, Roel Valadez, Juan Garza, Tom Curlee, and Jim Wann. Mr. Hennings then referred to an overview of the cost of service study for fiscal year 1995- 96. He noted that the cost of service (including drainage costs) for inside -city -limits (ICL) Minutes Regular Council Meeting September 24, 1996 Page 16 customers was approximately $20.2 million, while the actual revenues were $22.4 million (residential revenues were up significantly because of very little rain). The cost to serve outside -city - limits (OCL) customers, over 99% of which are commercial/industrial customers, was $10 7 million, while the OCL revenues were $10.8 million. The wholesale treated water customers' water cost $1.3 million, while they paid $1.5 million for the water; and the cost of service for wholesale raw water customers was $3.6 million and their revenues were $2.2 million. The Acting City Manager also analyzed the cost of service for FY 95-96 compared to the cost of service study conducted in 1990. According to the graph, the percentage of the total cost for ICL customers has been reduced somewhat since 1990, while the share of the cost for OCL customers has increased since 1990. There was very little change for the wholesale treated water customers, while the disparity between the costs and the revenues for the wholesale raw water customers has increased. With regard to ICL residential customers, the costs have decreased from 1990 to 1996. Mr. Hennings explained that in the 1990 study the treatment of the Choke Canyon expenditures was different than it should have been, and that has since been corrected. Mr. Hennings discussed a breakdown of the costs and revenues by customer classes. The ICL residential customers' cost of water was about $11 million and the rate revenues were about $13.2 million. He said one of the reasons for that difference was that FY 95-96 was a very dry year and there was more outside usage of water, which was magnified by the increasing block rate structure for residential customers. The cost for commercial/industrial ICL customers was about $9.2 million, and the rate revenues were also about $9.2 million. The totals of all the customer classes were costs of $35.8 million and rate revenues of $36.9 million. Mr. Hennings noted that the revenues were higher than normal because of the increased water usage due to the dry year. He said one thing to consider in setting the rates is the concept of weather normalization. Responding to Dr. McNichols, Mr. Hennings said that another issue to deal with is the cost of drainage service, which is only available to ICL customers. At the present time it is part of the water rate and is based on water consumption; a more fair method would be to charge for drainage based upon one's contribution to drainage. Mr. Martin pointed out that if the drainage costs of about $3 7 million were removed from the total ICL costs of $20.2 million, the ICL customers would be over charged by about $5.9 million. Mr. Martin concluded that the issue of whether or not to establish a drainage utility becomes less relevant (with the exception of capital issues) because ICL customers are currently paying for drainage costs; if those costs were removed, in theory the water rates would need to be reduced by the same amount. Dr. McNichols said he agreed with Mr. Martin's analysis, adding that the drainage capital issues do need to be considered. Mr. Hennings said some of the issues to be discussed in the future include the suggestion of establishing a separate rate class for large industrial customers which use processed water, as well as the effect of decreasing block rates for the large industrial customers and the other commercial customers. In addition, there needs to be discussion about the implications of the changes in raw Minutes Regular Council Meeting September 24, 1996 Page 17 water costs to the rate structure in the future. The next issue addressed by Mr. Hennings was the concept of "passing through" the cost of raw water, which means that every customer would pay the same amount for a gallon of water; the difference in the bill would be in the rate portion, which includes costs for the treatment, distribution, transmission and pumping of the water. He noted that with the advent of the water project from Lake Texana, there will be fluctuating costs of raw water much greater than this area has faced previously. He said a similar situation occurred in the 1970s, when gas prices began to fluctuate on the market, which led to the adoption of the pass-through cost for gas. Mr. Hennings also discussed the current budgeted raw water costs and how the pass-through approach would affect different customers. Mr. Martin commended the study, and asked if there were some temporary or permanent adjustments that needed to be made with regard to the raw water issue. Mr. Hennings replied that it was a little of both, because the current system of adjusting the cost of raw water lags behind by about 1 %z years; and the debt service on the $4.8 million project to repair Wesley Seale Dam was not included in the formula for raw water. Mr. Martin also asked to whom the non -rate revenue is attributed, and he inquired which class of customers, subsequent to 1990, owns the Choke Canyon reserve, if it was being attributed. Mr. Hennings explained that the non -rate revenues are treated by the city's accountants as a net against the cost. He added that the question then becomes how to allocate the non -rate revenues, which involves whether the "cash basis" or the "utility basis" is used for OCL customers. The manuels of the American Water Works Association call for the entity that owns the system to be treated on a cash basis, and the other entities to be treated on the utility basis. In Corpus Christi, revenue requirements for ICL customers are determined by using the cash basis, while the utility basis is used for OCL customers. Mr. Klepper explained that the basic difference between the cash basis and the utility basis is how the capital is paid: on the utility basis, capital is paid on the basis of a rate of return off of the rate base, which are simply the assets and depreciation of the water system; on the cash basis, debt service is paid, plus pay-as-you-go capital. Mr. Martin said that at some point there will be a very important issue with regard to which customer class Choke Canyon funds can be attributed. Responding to Dr. Best, Mr. Hennings said the city's water system was part of the combined utility system which is operated on a "break-even" basis; however, among the individual utilities, the wastewater system loses money so revenues from the water and gas systems help to pay for the wastewater costs. He added that the only payments to the General Fund are for services --there is no transfer in lieu of taxes or anything like that. In reply to another question from Dr. Best, Mr. Carl Crull, Assistant City Manager for Public 7 Minutes Regular Council Meeting September 24, 1996 Page 18 Works and Utilities, explained that the cost of raw water is determined by the cost of getting the water to the Stevens Water Treatment Plant, including the operations, maintenance, and debt service on the Choke Canyon and Wesley Seale dams; the first year's payment to the Lavaca-Navidad River Authority for the water; a percentage of the administrative costs; and other costs, which add up to about $9 million. That amount is divided by the total consumption from last year (about 36.3 billion gallons), which equates to 25 cents per 1,000 gallons. Mr. Crull said he anticipates that as the different elements of the pipeline system come on line, there will be changes in the cost of raw water, which he briefly discussed. Dr. McNichols asked if staff was recommending changing the current model for determining revenue requirements. Mr. Hennings said staff was recommending that the current approach continue to be used. * * * * * * * * * * * * * Mayor Rhodes announced the first closed session item, pursuant to Texas Government Code Sections 551.071 and 551.074 regarding new City Manager selection and other matters related to selection, with possible action thereafter in open session; The Council went into closed session. The Council returned from closed session. Mayor Rhodes made a motion, seconded by Council Member Heldenfels, to appoint Mr. Bill Hennings as City Manager, effective immediately, and to bring back a resolution concerning his compensation at the October 8, 1996 Council meeting. The Mayor called for a voice vote on her motion, and it passed unanimously. (M96-303) Mayor Rhodes thanked Mr. Hennings for being willing to take on the position of City Manager, adding that the Council has a lot of confidence in him and he has done a wonderful job thus far. Mr. Hennings replied that he appreciates the confidence the Council is showing in him. He said that when former City Manager Juan Garza announced his resignation in April 1996, he did not realize the drought would be so severe and the resulting work load so strong. However, he said he looks forward to seeing several projects through to completion, and he pledged his best efforts to work with the Council and to help them reach their goals. * * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Minutes Regular Council Meeting September 24, 1996 Page 19 Before announcing the remaining two closed session items, the Mayor stated that when the Council returned from closed session, they would hear the appeal by Martin and Pam Anguiano, who had arrived at the meeting (Item 3 on the agenda). Following that, she said they would proceed with the consent agenda. Mayor Rhodes then announced: B.) closed session pursuant to Texas Government Code Section 551.071 regarding Hal Suter et al v. Corpus Christi Bay Area Business Alliance et al, Cause No. 96-4518-E, 148th District Court, Nueces County, Texas, with possible action in open session; and C.) closed session pursuant to Texas Government Code Section 551.071 Pascual J. Arnal and the Corpus Christi Police Officers Association v. City of Corpus Christi, Cause No. 95-5591-H, 347th District Court, Nueces County, Texas, with possible action in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes reopened discussion on Item 3, appeal of the Building Standards Board decision. She noted that at the beginning of the Council meeting that day, the Council members had ruled that they would uphold the board's decision to require demolition of structures at 645 (a.k.a.) 647 Mohawk. She said the applicants were not present at the meeting at that time, so she would allow them to make their appeal since they had arrived. Mrs. Pam Anguiano stated that when she and her husband purchased the property from Mr. Norman Ramsey, he did not inform them that it had been condemned. She said they bought the property with the intention of rehabilitating it. Mr. Utter explained that this property consists of five buildings with seven dwelling units. This case originally came before the Building Standards Board on February 29, 1996, when the board determined that the structures should be demolished. Subsequently, bids for demolition were taken and on May 23, 1996 the new owners, the Anguianos, requested a rehearing, which was held on June 7, 1996. At that meeting, the Building Standards Board upheld their original decision requiring demolition. Mr. Utter then showed slides illustrating the structures' state of deterioration, noting that there have been 55 police calls to this address over the last 12 months. Mr. Norman Ramsey, the previous owner, said the police calls were generated by activity next door at 637 Mohawk. He said he sold the property to the Anguianos because they have the finances and are capable of rehabilitating the structures. He added that the frames of the structures are sturdy. Minutes Regular Council Meeting September 24, 1996 Page 20 Mayor Rhodes asked how Mr. Ramsey sold the property to the Anguianos without informing them of the demolition order. Mr. Ramsey said he did not receive a letter about the demolition because he no longer lived on the property. He said the Anguianos have not had an opportunity to improve the buildings because of the demolition order. The Mayor then asked the Anguianos how much time they would need to bring the buildings up to code. Mrs. Anguiano said she did not know, but they would begin improving them immediately. Mayor Rhodes said it was staffs conclusion that the structures would require an extensive amount of work --the emphasis was on the safety of the structures, not on the aesthetics. Mrs. Anguiano pointed out that they have boarded up the structures and posted no trespassing signs on the property. Responding to Council Member Cooper, Mr. Utter said the Police Department has confirmed that the number of calls to that address is accurate. He added that the buildings had been occupied illegally for a number of months and there was no electricity, water or sewer to the property. Council Member Heldenfels said that if the Council voted to grant the Anguianos an extension until December 31, 1996, and they did not improve the property, then the buildings would be demolished. Mrs. Anguiano said she felt that would be fair. Council Member Betty Jean Longoria said she has seen the condition of the buildings, and they had a responsibility first to the citizens. She said the buildings need extensive repairs and she would support an extension if there was some assurance that the Anguianos would be able to rehabilitate the structures. Council Member Cooper made a motion to reconsider Item 3, seconded by Council Member McNichols; the motion passed. Mayor Rhodes asked City Attorney Bray how the Council should proceed. Mr. Bray suggested that staff meet with the Anguianos to draw up an explicit agreement that will be brought back to the Council for their approval on October 8, 1996. Replying to Council Member Martin, Mr. Utter said that during the June 7th meeting of the Building Standards Board, staff recommended allowing the Anguianos an opportunity to make repairs since they had just bought the property; however, the board voted to uphold their decision to demolish. In response to another question from Mr. Martin, Mr. Utter said that normally staff tries to work with a property owner, and if there is no adequate response then there is no choice but to take the case to the Building Standards Board. At that point, it is not uncommon for staff to recommend that a property be repaired, and if repairs are not made, then the property would be demolished. Minutes Regular Council Meeting September 24, 1996 Page 21 Mr. Utter said that staff's last inspection in August 1996 showed significant deterioration of the subject property, and there continue to be police calls to that address. Mr. Martin asked if improvements had been made prior to the August inspection, and Mr. Utter said they had not, other than boarding up the structures. Mr. Martin said there was a point after which some buildings are irrepairable. He asked if the Anguianos had any estimates of the cost to repair the units, and Mrs. Anguiano said they did not, but they wanted to do what was necessary to make the repairs. Mayor Rhodes made a motion to have the Anguianos meet with staff to prepare a plan for rehabilitation, which will come back before the Council on October 8, 1996; seconded by Mr. Heldenfels, and passed unanimously. * * * * * * * * * * * ** Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 33, and Council Members and a citizen requested that Items 17, 18, 19, 25 and 26 be withheld for discussion. She added that Item 27 had been pulled off the agenda. City Secretary Chapa polled the Council for their votes and the following were passed: 11. M96-287 Motion approving a supply agreement for approximately 1,387 automotive and commercial batteries in accordance with Bid Invitation No. BI -0228-96 with Excide Battery, Corpus Christi, Texas based on the total low bid of $47,521.18. The term of the contract will be twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. These batteries will be used by Maintenance Services, Fire Department and Park and Recreation. Funds have been budgeted by these departments for FY 96-97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12. Iv196-288 Motion approving a supply agreement with G & A Environmental, Corpus Christi, Texas for quarterly groundwater monitoring analysis for J.C. Elliott Landfill in accordance with Bid Invitation No. BI -0007-97 based on low bid for an estimated annual expenditure of $21,560. The term of the contract will be for twelve months with an option to extend for up to two Minutes Regular Council Meeting September 24, 1996 Page 22 additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste Services in FY 96-97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. M96-289 Motion granting a one-year extension for a Special Permit granted to McKinnon Broadcasting, on September 26, 1995, for a television broadcasting station, studio and offices (Zoning Case No. 595-4). The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14.a. M96-290 Motion awarding a construction contract for Underground Fuel Storage Tank Mitigation 1996, Project No. 2 for soil borings and monitor well installation in the amount of $46,870.50 to Professional Services, Inc. (PSI). The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14.b. M96-291 Motion awarding a contract for Underground Fuel Storage Tank Mitigation - 1996, Project No. 2 for laboratory services in the amount of $20,543 to Core Laboratories, Inc. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 15. M96-292 Motion awarding a contract in the amount of $19,750 to Riceland, Inc. for replacement of one Exhibit Hall overhead door for the Convention Center. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting September 24, 1996 Page 23 16.a. M96-293 Motion authorizing the City Manager or his designee to accept FAA Grant Number 3-48- 0051-23-96 in the amount of $542,916 for the Paving Rehabilitation of Runway 17/35 Corpus Christi International Airport (CCIA). The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.b. ORDINANCE NO. 022700 Ordinance appropriating $542,916 from FAA Grant Number 3-48-0051-23-96 for the Paving Rehabilitation of Runway 17/35 in the No. 245 Capital Improvement Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.c. M96-294 Motion awarding a contract for Runway 17/35 Pavement Rehabilitation - Corpus Christi International Airport in the amount of $478,033.75 to Haas -Anderson Construction, Inc. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 20. M96-298 Motion appointing Mrs. Elia Gutierrez as the lay representative and advisory council member for the City of Corpus Christi to the South Texas Library System for a three-year term ending August 31, 1999. The individual represents the interest of the City in administration of the South Texas Library System, a Federal and State Grant Program funded through the Texas State Library. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 21. M96-299 Motion authorizing the appointment of two ad hoc art selection panels to the Municipal Arts Commission for the purpose of selecting artwork for the Brooks Chapel Day Care Center and T Minutes Regular Council Meeting September 24, 1996 Page 24 the Northwest Senior Center as per the Public Art Ordinance. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 22.a. M96-300 Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract with the Corporation for National and Community Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 22.b. ORDINANCE NO. 022707 Ordinance appropriating $42,934 from the Corporation for National and Community Service for the Retired and Senior Volunteer Program Grant in the No. 162 Federal/State Grants fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 22.c. ORDINANCE NO. 022703 Ordinance transferring $626,584 from the No. 102 General Fund to the No. 162 Federal/State Grants fund; appropriating $626,584 as matching funds for Senior Community Services programs in the No. 162 Federal/State Grants fund; appropriating $47,887 in program income from the unreserved fund balance of the No. 162 Federal/State Grants fund as matching funds for Senior Community Services programs in the No. 162 Federal/State Grants fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 23. ORDINANCE NO. 022704 Ordinance authorizing the City Manager or his designee to execute a concession agreement with Karim and Wedad Hamid, d.b.a. Shoreline Surreys of Texas. Minutes Regular Council Meeting September 24, 1996 Page 25 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 24.a. M96-301 Motion authorizing the City Manager or his designee to accept a grant in the amount of $716,819 and to execute attachment No. 3 to Contract No. 7460005741-97 with the Texas Department of Health to provide group nutrition education, individual counseling, immunization services and to prescribe food at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 24.b. ORDINANCE NO. 022705 Ordinance appropriating a grant from the Texas Department of Health in the amount of $716.819 in the No. 162 Federal/State Grants fund- Health Department to fund group nutrition education, individual counseling, immunization services, and to prescribe food at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 27. PULLED Service Board Rules and Regulatie..s. An.ei.di..g Ordinane., No. 8127, Scetien 700, Minutes Regular Council Meeting September 24, 1996 Page 26 28. FIRST READING ORDINANCE Closing and abandoning a 70 -square foot area of a 71/2 -foot wide utility easement in Lot 4, Block 4 Inverness - Unit A - subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 29. FIRST READING ORDINANCE, Authorizing the City Manager or his designee to execute a one year lease, with the option to renew for additional one year periods through the year 2011, with the U.S. Department of Transportation, Federal Aviation Administration (FAA) to operate the Remote Transmitter Site No. 2 and Remote Receiver Site (FAA lease DTFA07-97-L-01062), in consideration of the FAA establishing, maintaining, and operating Air Traffic Control Tower Facilities at the Corpus Christi International Airport; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 30. ORDINANCE NO. 022707 Authorizing the City Manager or his designee to execute a 5 -year lease, with Corpus Christi Yacht Club (CCYC) for L -Pier and M -Pier extension in consideration of 100% of City's rental rate on 2,092 linear feet for L -Pier plus $166.67 per month for Slips N-1 and N-2 so long as used only for transient slips plus 100% of City's rental rate for 450 linear feet of M - Pier extension, or for all slips rented if more than 450 linear feet. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 31. ORDINANCE NO 022708 Authorizing the City Manager to execute a fifteen year lease agreement with Multirestaurants Management, Inc. to provide concessions services at the Corpus Christi International Airport, with a five year option to renew upon agreed terms, in consideration of Multirestaurants Management, Inc. paying the City the greater of 15% of gross receipts on all mixed drink and wine sales and 10% on all beer and all nonalcoholic beverage and food sales or .15 cents (increasing annually) per enplaned passenger; providing for publication. Minutes Regular Council Meeting September 24, 1996 Page 27 The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 32. ORDINANCE NO. 022709 Authorizing the City Manager or his designee to execute approximately a five-year lease ending December 31, 2001 with Atlantic Southeast Airlines, Inc. for ticket counterspace, office space, gate space, apron space, and joint use 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; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 33. ORDINANCE NO. 022710 Amending the Code of Ordinances, Chapter 53 -Traffic, Section 53-250, Schedule I - One- way streets and alleys, by establishing a one-way southbound traffic pattern on Mesquite Street between Chaparral Street and Hirsch Street, in conjunction with the Visitor/Traffic Improvements at Bayfront Arts and Science Park project. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 17, Spur 3 street improvements project. Council Member McNichols noted that some archeological digs were taking place in that area, and he asked if they would delay or stop the project. Mr. Crull replied that the parcel being acquired with this action is associated with the first phase of the project, while the archeological investigation was occurring along Alameda Street and Ennis Joslin. He said the archeologist has not yet formulated his report for the state Historical Commission, which will need to make a determination after that point. Mr. Crull added that the reconstruction of the Alameda -Ocean Drive intersection is in the second phase of the project. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting September 24, 1996 Page 28 17. M96-295 Motion authorizing the acquisition of Parcel 3 located on the south side of Ocean Drive at the Alameda Street intersection from Second Convenience Stores Properties, Inc. for $58,989 in connection with the Spur 3 Street Improvements Project. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 18, pertaining to the Safe Drinking Water Act. Council Member John Longoria asked staff to further explain why they were recommending waiving the 75% local participation rule. Mr. R.H. Shackelford, Director of Engineering Services, explained that the Regulation Negotiating Committee developed three specific rules concerning the amended Safe Drinking Water Act: disinfection; disinfection by-products (phases I and II); and enhanced surface water treatment. He said the committee determined that the necessary data was not available, so they created another rule called the Information Collection Rule (ICR), and there are 46 parameters they want to test and gather data on throughout the country. Mr. Shackelford said staff has not been able to identify any local laboratories or engineering firms which have the depth of familiarity needed to implement the ICR phase of the act. Mr. Longoria asked the amount of money that was budgeted for this project, and Mr. Shackelford said there was $550,000 budgeted this fiscal year and the testing would be rather expensive. He added that the first phase would last about 18 months. Mr. Longoria said there probably are some local firms that could bid on at lease part of the project if they teamed up with non -local firms, and Mr. Shackelford said that was staff's desire. Council Member Heldenfels said he could understand that there may not be local labs that are familiar with this project, but he knew of one local firm that was familiar with it. Mr. Shackelford said staff was not aware of any local firms that had been participating in the program to the extent that they could design a program to allow the city to begin testing in January 1997. Council Member Martin said he thought the amount of local participation should be part of the selection criteria, and he asked that the Council approve the request for proposal. He also asked for specific information about how this project is budgeted. Responding to another question from Mr. Martin, Mr. Shackelford said that the Regulation Negotiating Committee, which is appointed by the Environmental Protection Agency (EPA), consists of state and local health and regulatory agencies, elected officials, consumer and 1 Minutes Regular Council Meeting September 24, 1996 Page 29 environmental groups, and drinking water producers. Mr. Martin said he needed much more information, adding that he could not believe that every potable water supply in the country will have to spend $1.5 million to comply with the Safe Drinking Water Act. Mr. Shackelford said municipalities with populations of 100,000 and above with surface water supplies are affected. City Manager Hennings agreed that this item constituted an unfunded mandate of the worst kind. Mr. Crull added that this was an outgrowth of different incidents, including a cryptosporidium problem in a few U.S. cities. He said the EPA is seeking to establish new rules for safe drinking water and the committee has determined that the available data is insufficient for them to do so. A brief discussion ensued, and Mr. Hennings suggested that he withdraw this item and bring it back at a later date along with a copy of the RFP and the citation of the pertinent regulations. Mr. Martin asked if the National League of Cities had voiced its opinion about these requirements, and Mr. Hennings replied that the cities' protests were ignored by Congress and the EPA. Mayor Rhodes said this item would be postponed. 18. POSTPONED Colleetie,. Rule (ICR) Phusc of th., ame„dcd S'af., D.i ddng Watcr Act. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 19, Cayo del Oso utility crossing. Mrs. Dorothy Spann commented on Items 19 and 26, saying that despite many people's efforts to the contrary, there are many projects that continue to be delayed and changed, including projects in the Del Mar area. Council Member Martin requested an updated schedule on the Del Mar area projects. City Secretary Chapa polled the Council for their votes as follows: 19.a. M96-296 Motion authorizing the City Manager or his designee to execute a Ratification of Agreement to pay for conduit installation with TCI Cablevision of Texas, Inc. (TCI), compensating the City in the amount of $50,619. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Minutes Regular Council Meeting September 24, 1996 Page 30 Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19.b. ORDINANCE NO. 022701 Ordinance appropriating $50,619 from TCI Cablevision of Texas, Inc. in Water Bond Fund No. 205 for installation of conduit. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19.c. M96-297 Motion approving Change Order No. 1 to Texas A & M University -Corpus Christi-Cayo del Oso Utility Crossing Project with King -Isles, Inc. for installation of conduit for TCI in the amount of $46,697. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 25, homework assistance program. Council Member Black asked if this program was part of the grant that was awarded to the "78415" ZIP code area, and Mr. Hennings said it was. Mr. Utter added that the grant was part of a program that the state established for those ZIP code areas that have high rates of youth crime. He said the "78415" Steering Committee recognized that the Greenwood Library already served as a computer learning center, and the $32,379 would allow for the purchase of additional computers and allow for the hiring of some student tutors to provide homework assistance. He added that the program would be under the general supervision of the Director of Libraries and the Director of the Greenwood Library specifically. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 25.a. M96-302 Motion authorizing the City Manager or his designee to execute an agreement with the Workforce Development Corporation to reimburse the City for a computer center equipment and student tutor(s) salary in connection with the Homework Computer Center at the Minutes Regular Council Meeting September 24, 1996 Page 31 Greenwood Branch Library which will support the prevention and reduction of juvenile crime in the "78415" ZIP code area. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 25.b. ORDINANCE NO. 022706 Ordinance appropriating $32,379 from the Workforce Development Corporation for the "78415" Juvenile Crime Prevention and Reduction grant for a homework computer center at the Greenwood Branch Library to the No. 162 Federal/State Grants fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. ************ * Mayor Rhodes opened discussion on Item 26, Kostoryz Road improvements. Council Member Martin said he had several questions on this item, and considering the late hour, he asked if there was any reason why it could not be postponed, and Mr. Hennings said it could be postponed. 26.a. POSTPONED 26.b. POSTPONED * * * * * * * * * * * * * Minutes Regular Council Meeting September 24, 1996 Page 32 Mayor Rhodes called for the City Manager's report. Mr. Hennings said that items scheduled for the October 8th Council meeting included: the federal courthouse and Gateway Project; amendment of the operating rules of the cable television public access channel; budget discussions and possible amendments to the budget. He said no Council meeting was scheduled for October 1. Mayor Rhodes called for Council concerns and reports. Council Member Black commented that people were rollar-blading in many downtown areas and damaging property, as well as making it difficult for pedestrians in that area. Mr. Hennings said staff would provide a report. Council Member John Longoria asked about the upcoming appointment to the Port of Corpus Christi Authority, and Mayor Rhodes said that appointment is always made in October. He also asked about the consideration to exercise the option of the Garwood water rights. Mr. Hennings said he thought that issue would have to be discussed during several Council meetings, and the Council may want to begin that discussion on October 15, 1996. Council Member Betty Jean Longoria requested more information about code violations that had been issued to 601 Omaha. She added that traffic has been a problem at the intersection of Old Brownsville and Cliff Maus/Navigation, and Mr. Hennings said staff would investigate it. Council Member Best asked for a report concerning a citation that was given to a photographer for obstructing traffic. 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 7:45 p.m. on September 24, 1996. * * * * * * * * * * * * * T