Loading...
HomeMy WebLinkAboutMinutes City Council - 10/08/1996T I 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 October 8, 1996, which were approved by the City Council on October 15, 1996. WITNESSETH MY HAND AND SEAL, this 15th day of October, 1996 SEAL Armando Chapa City Secretary MICROFILMED MINIJTF$ CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 8, 1996 2 p.m. PRESENT Mayor Mary Rhodes Council Members. Betty Black Melody Cooper Tony Heldenfels* Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols ABSENT Mayor Pro Tem Dr. Jack Best City Staff: 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 David Lewis, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of September 24, 1996, and there being no corrections, she proclaimed them approved as presented. The Mayor then opened the public hearing on Item 10 on the day's agenda, zoning case No. 896-2, Johnny O'Neal Jr., which the Council had tabled on September 24, 1996 in order to receive input from the Navy. She said that Capt. Richard Strickler, NAS -Corpus Christi Commander, had called her before the Council meeting, saying that he wished to have time to review the proposal. He asked that it be discussed during the second week of November. Council Member Betty Jean Longoria made a motion to table this item until November 12, 1996, seconded by Mayor Rhodes, and passed unanimously. * * * * * * * * * * * * * Mayor Rhodes referred to the first presentation, an award given by the Texas Natural Resource Conservation Commission (TNRCC). Mr. Ted Hazen, representing TNRCC's "Clean 1 Minutes Regular Council Meeting October 8, 1996 Page 2 Texas 2000" program, said the state agency has been pleased with Corpus Christi's commitment and implementation of comprehensive environmental programs to reduce waste, conserve water, and improve air quality. *Council Member Heldenfels arrived at the Council meeting at 2:10 p.m. Mr. Hazen said that the Clean Texas 2000 program, in cooperation with the City of Corpus Christi, the Recycling Coalition of Texas, and H -E -B Grocery Company, will soon announce a new environmental public service education initiative in Corpus Christi. He then presented the "Most Innovative Texas Recycles Day Event Award" to the City of Corpus Christi from Clean Cities 2000. Ms. Estela Garcia, Waste Reduction Program Manager, accepted the award on behalf of the City. Council Member Cooper then gave a presentation concerning the Mayor's Task Force on Youth Violence. She thanked Mr. Ron Pickett, owner of CARisma Carwash, and Ms. Suzanne Warmack, an account executive with KIII-TV, who were the primary organizers of an event that raised $5,000 for the task force. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda. She noted that Ms. Rose Gunji, of the Sister City Committee, and Ms. Barbara Silverman, of the Municipal Arts Commission, had both met the six-year service limitation and wished to serve as advisory members on those respective committees; there was consensus among the Council and they were appointed. The following appointments were also made: Building Standards Board Leroy San Miguel Museum of Science & History Mary Longoria (Reappointed) Kathy Heymann Donna Speer Pat Clements Senior Community Services Adv Sheril Smith Committee Senior Companion Program Adv. Taylor Benson Committee Ethics Commission Jan Rehler (Reappointed) Norma Cavazos (Reappointed) Nan Pillinger (Reappointed) Port of Corpus Christi Authority Bernard Paulson Water Conservation Adv. Committee Sandra Almanza Minutes Regular Council Meeting October 8, 1996 Page 3 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, suspension of water releases. Mr. James Dodson, Regional Water Director, said the question has arisen why this region was being asked to take further conservation measures when the reservoir system is at 31% of capacity. He said there have been many comparisons between the current situation and 1984 --the last time the region entered into Condition III, when the system capacity was down to about 9%. Mr. Dodson pointed out that in 1984 the city had just completed construction on the Choke Canyon Reservoir and it had very little water in it; in addition, the city did not have any experience in operating Choke Canyon and Lake Corpus Christi together as a system. Subsequently, 15 years of data and experience have been accumulated and it is clear that some preliminary projections and assumptions were inaccurate. Mr. Mike Personett, Director of Local and Regional Assistance from the Texas Water Development Board, has been the board's representative in the state-wide drought management activities and coordination. He discussed different characteristics of droughts: typically a region does not realize it is in a drought until it has experienced it for a few years; and many drought events end very dramatically with major flood events, such as occurred in 1957, which ended the great drought of the 1950s. Mr. Personett used graphics to discuss the Palmer Drought Severity Index, which is a product of the National Weather Service and is used as an indicator of meteorological drought. He said there are areas in the state where it can be said that the drought is broken, but from a hydrologic perspective, there are still very serious problems in South Texas particularly, including the Nueces and Rio Grande systems. He also referred to other graphics to discuss rainfall averages and surface water storage. Mayor Rhodes asked if the Corpus Christi region was still in a drought, and Mr. Personett replied that it definitely was, as well as in a water shortage situation. Mr. Ken Choffel, Vice President of HDR Engineering in Austin, showed an updated graph comparing the worst drought of record that previously determined the firm yield of the system during the 1960s, and the current situation. He noted that during every drought there are intermittent periods of rainfall, such as occurred in 1963, in which there is some recovery of the system capacity; however, despite that, the 1960s drought did not end until 1967 with Hurricane Beulah. Mr. Choffel referred to a graph with projections of the 1990s drought. He said if the inflows stayed extremely low, the city maintained its conservation program, and it turned on the wells around Lake Corpus Christi at about 25% of system capacity, then in about one year the water supply level would be at about 15%; and by the spring of 1998 it could drop to as low as 10%. He said from a scientific perspective, it would be very irresponsible now to back off from the city's water conservation efforts. He said the evidence suggests that this drought could last another six Minutes Regular Council Meeting October 8, 1996 Page 4 years --the 1950s drought lasted nine years. Responding to Council Member Cooper, Mr. Choffel said that even though the gross demands of water usage compared to other years may not be less, the conservation efforts have definitely saved water, approximately 10% to 15% over what would have been used without conservation. He emphasized that any conservation measures the city takes are extremely important in stretching out the water supply. Council Member Martin questioned how one would measure the amount of water that would have been used. He said the overwhelming majority of the region's water is not currently subject to conservation provisions. Mr. Martin said that following the drought of the 1980s, most of the major water users became very efficient in their usage; as a result, many people have accepted the premise that an alternative water source needs to be found, since Corpus Christi is below the national and state averages for water usage. Mr. Martin asked how long the water supply would be extended if the Council adopted the action being proposed that day. Mr. Choffel replied that it depends if there is any inflow and how the lakes are operated, but the estimates are that it will extend the supply by one to three months. He then referred to the "Hydro -Illogical Cycle," which is a cycle of rain, followed by apathy until a drought sets in, followed by awareness, concern and panic. Council Member McNichols said the question was not whether to back off from the current conservation efforts but rather whether to impose more stringent conservation measures. He noted that the previous trigger level for water allocations was 11% of capacity, which was recently amended to 20%. Mrs. Cooper asked what the projection was for depletion of the water in storage if the trigger level remained at 20%. Mr. Choffel said the water could be depleted in about two years, and if rationing were to begin immediately it would extend the water supply by a few months. City Manager Hennings said that although there had been inflows during the last month, resulting in a 5% increase in capacity, it would take 14 more months of similar inflows to restore the lake levels to 100%. He noted that the city operates under an Agreed Order with the TNRCC to make freshwater releases to the Nueces Estuary, and during their Last meeting, the Council instructed Mr. Hennings to try to negotiate an amendment to the Agreed Order with regard to the water releases. He said the negotiation process has begun, and it requires the involvement of the Nueces Estuary Advisory Council; eventually a proposal will be submitted to the TNRCC for their approval. Mr. Hennings then referred to a letter from Mr. Dan Pearson, TNRCC Executive Director, in which he states that if the Council adopts the program on the day's agenda, the city will not have to make any further releases of water, at least until the reservoir system reaches 40% of capacity. Minutes Regular Council Meeting October 8, 1996 Page 5 He said the proposal is to enact a water conservation charge process that would provide a financial incentive to encourage water conservation. Each customer would be notified of their target allocation (which is the amount that is set out in the drought contingency plan for water rationing), and single-family residential customers would be allowed to use that amount plus 2,000 gallons a month before they would have to pay a conservation charge of $5 per 1,000 gallons each month. Mr. Hennings said multi -family customers would use a similar approach, while the target allocations for commercial customers would be based on 85% of last year's usage during the same month. The target allocation for industrial customers would be 90% of their base usage over the prior three years. He noted that the water conservation charge would be different for industrial customers in that they would not be allowed any additional "slack" over the target allocation. Mr. Hennings also referred to some examples of water conservation charges. The City Manager said that if the Council approved the proposal, the implementation date would be November 1, 1996. A meter reading would be taken in November, and the bills that would contain a conservation charge would first go out around the middle of December. He said if the Council did not approve the program, the city would have to continue to meet the water release requirements (including September's requirements), and to continue to negotiate an amendment to the requirements, which will take some months at best. Mayor Rhodes said that if the Council agreed to the program, the city would save water in two ways: by not having to make the water releases, and by conserving more water. Dr. McNichols said the issue of the water releases has been very emotional from the outset, but the alternative would be to mandate water rationing immediately. Responding to Dr. McNichols, Mr. Dodson said that before the Agreed Order was amended, it required that 91,000 acre-feet per year after credits be released to the estuary; under the new pass-through plan, since January 1, 1996 3,650 acre-feet of water has been released. Dr. McNichols said about 12,000 acre-feet of water is used per month by all of the region's customers, while evaporation causes losses of between 15,000 acre-feet per month during hot months to 7,000 acre-feet per month in cooler weather. He questioned whether customers were ready to go to mandatory water rationing to save only 600 or 700 acre-feet per month. Council Member Heldenfels said the allocations were inequitable, pointing out that 1-2 people would be allocated 6,000 gallons per month, while a household of 5-6 persons would be allocated only 8,000 gallons. Mr. Dodson said that an analysis of residential water usage in August 1996 showed that 90% of the accounts used less than 15,000 gallons that month. Staff concluded that the majority of citizens were already trying to conserve water, and the range of allocations basically encompasses the majority of residential customers. He said the purpose was to target people who use excessive amounts of water and encourage them to conserve. Minutes Regular Council Meeting October 8, 1996 Page 6 Mr. Heldenfels said he felt that another inequity existed in that the industrial customers use between 48% to 52% of the water, but they are only paying a water conservation charge on average of $1.08 per 1,000 gallons, while residential customers pay $5 for each 1,000 gallons which exceeds the customer's target by 2,000 gallons. Mr. Dodson said the surcharge for industrial customers would be one times the block rate for each 1,000 gallons which exceeds the customer's target by less than 10%, and two times the block rate for each 1,000 gallons which exceeds the customer's target by 10% or more. Mr. Hennings emphasized that the proposal is a financial incentive to encourage water conservation, but it is not a limitation on how much water a customer can use, as would be the case when water rationing takes effect. A brief discussion ensued. Responding to Mrs. Cooper, Mr. Hennings said the city was in Condition III in order to consider this proposal and to not have to make any further water releases. He said the concept of a water conservation charge was discussed a few weeks ago but not adopted, and it is now the result of the city's negotiations with the TNRCC to temporarily stop the releases. Mrs. Cooper said that she met with Mr. Bruce Moulton of the TNRCC staff and Mr. Jerry Kane, Co -Chairman of the Regional Water Supply Task Force, and she felt that no negotiations took place, rather, the plan was dictated by the TNRCC. She also objected to the proposal that businesses such as hers reduce their consumption by 15%, and she said the plan needed to be further refined before it is enacted. Mr. Martin asked how the water conservation charge is reconciled with the City Charter's 6% cap. City Attorney Bray replied that the Charter's 6% cap applies to rate for service; given the circumstances of the adoption of this proposal, it is clearly intended to induce conservation. He said no one would propose such a program just to raise revenues --it is in direct response to the TNRCC and it is an exercise of the regulatory power of the city to try to conserve water. Mr. Martin requested more information conceming the relationships of conservation charges to the percentages of use over the allocations. Mr. Martin asked which wells were in operation, and Mr. Hennings replied that the ones below Lake Corpus Christi were operating, and plans have begun to rehabilitate the Campbellton wells but no contracts for that have been awarded yet. Mr. Martin said that even though it is not economical to operate those wells, in a water shortage the economics become less important than providing the product. Responding to another question from Mr. Martin, Mr. Hennings said much of the work regarding the conservation charges will be done manually, and Mr. Martin pointed out that there would be a tremendous cost associated with the project because meter readings would have to be done one month to the day of the previous reading. He asked if surrounding communities were aware of the proposal, and Mr. Hennings said staff has not informed them. Mr. Martin said allocations will be an even more controversial and difficult issue than the water releases. He said time and energy should be devoted to determining how to finance and build the water pipeline, as Minutes Regular Council Meeting October 8, 1996 Page 7 well as concentrate on terminating releases permanently, including incorporating effluent projects. Mr. Martin also asked about the appeal process, and Mr. Hennings replied that the residential and commercial customers with special circumstances could appeal to the Water Allocation and Review Committee. The one change would be that with industrial customers, the City Manager would make the first allocation decision, and there would be an appeal of that decision to the Water Allocation Committee. Mr. Martin commented about the fact that this proposal was being considered as an emergency reading, and Mr. Hennings explained that the TNRCC expected a decision today on the proposal. Council Member Black said her definition of water conservation is not to waste water. She commented about how the charges might effect elderly people who have leaks in their homes, as well as large families. Council Member John Longoria said the proposal was intended to stop releases, and if the Council voted against it, then the releases would continue. He referred to the examples of water conservation charges, saying that some inequities may exist. He said that after reviewing the proposal, it becomes more evident the sacrifices people will have to make. Mr. Longoria noted that the Council had asked staff to negotiate an end to the releases, and this was the result of their negotiations --now the decision is up to the Council. Council Member Betty Jean Longoria said many citizens have expressed the concern about their obligation to conserve water in light of the releases that the city has to make. She said she was willing to accept the proposal, and she questioned whether the rest of the water customers will follow suit. Mr. Hennings replied that the city's contractual relationship with them requires them to do so. Responding to another question from Mrs. Longoria, Mr. Hennings said the revenues from the conservation charges would be reserved for "research and development of alternative or expanded water sources, and may also be used for the diversion of additional effluent into the Nueces River Delta." Mayor Rhodes commented that she had never heard TNRCC officials assert that Corpus Christi was not conserving water; rather, they said this region was in a serious situation and citizens were not doing enough to conserve. She also did not agree with the concern that the public would be confused about this proposal, although exceptions will need to be made. The Mayor said she felt there was a difference of opinion among the Council members about the issue facing them. She hoped the Council and the community would view this not as a difficult choice between allocations or water releases, but rather to ensure that the region does not run out of water. She added that she felt this area was in serious trouble with regard to its water supply, and needed to take serious steps as a whole community. She also agreed that the wells should begin to be readied for operation. Minutes Regular Council Meeting October 8, 1996 Page 8 Mr. Bray said that with respect to the appeal process, the proposed ordinance refers the targets back to the allocation, and a variance procedure would apply to it. Mr. Hennings also discussed the percentages over the targets. Mr. Heldenfels said he felt the baseline allocation should be 4,000 or 5,000 gallons rather than 6,000 gallons per month as proposed. Dr. McNichols said he felt that rather than begin rehabilitating the wells at this time, the Water Conservation Advisory Committee should consult with staff on this issue and make a recommendation. He said there were many factors involved. A brief discussion ensued. Mayor Rhodes called for comments from the audience. Mr. Lewis Lovelace, 1549 Casa Grande, agreed with Mr. Martin that the allocations will be controversial. He questioned what a large water user such as Sam Kane Beef Processors would pay in conservation charges. He said desalination was a permanent solution to the water supply problem. Mr. James Gill, 2810 Airline, said citizens do not want the pain of allocations, and it would result in job losses. He said the Council should continue to look for new sources of water but not penalize the public. Mr. Ted Turner said he supported the pipeline, but he did not support the allocation proposal at this time, unless it was necessary for life and property as it was in 1984. He added that he did not feel the conservation charge was fair to homeowners, and jobs have already been Lost, including at Turner's Gardenland, because of the drought. He urged that the wells be tumed on. Mr. John Hartley disagreed that the region faced a water shortage, saying that effluent discharge programs should be pursued. Mr. Dodson replied that the city recently received all the necessary permits to construct the effluent diversion project and the engineering and design work was being finalized. Dr. McNichols explained that the effluent diversion project involved putting effluent into the Nueces delta to enhance its productivity and to receive credit against the water releases; that is a separate issue from diverting effluent across the bay for use in irrigation, processing or other uses. Mr. J.E. O'Brien, 4130 Pompano, said he opposed the proposed ordinance for many reasons: the emergency reading limited public debate; there were inequities in the charges; he questioned the use of the surcharges; and he disagreed with Mr. Bray's response to the question of the 6% cap. Mr. Jim Parker, 3054 Twin Creek Dr., said he hoped that negotiations to amend the Agreed Order would continue despite whatever action was taken during the day's meeting. He said a one- month to three-month extension was not sufficient for the pain that the allocations would cause, and Minutes Regular Council Meeting October 8, 1996 Page 9 he urged the Council to not approve the proposal. Mr. Glen Johnson, 2010 Flour Bluff Dr., said the Council should consider the needs of the whole city. He added that he did not like having to answer to the TNRCC. Mr. Neal Trolinger, 337 Stages Dr., said he could not support the proposed ordinance and he asked the Council to defeat it. He questioned whether there would be significant channel losses if the wells are turned on since the ground is saturated now. Mr. Leon Perez said he thought that the allocations were too high, and he said the TNRCC should be challenged all the way to the U.S. Supreme Court. Mr. Phil Rosenstein said the public was confused by the Council's actions. He said he opposed water rationing because it ignored the recommendation of the Water Conservation Advisory Committee. He also challenged Dr. McNichols' statements concerning the amount of water that is lost to evaporation. Dr. McNichols reiterated that the amount was 180,000 acre-feet, and he objected to Mr. Rosenstein's accusation that the Council was disseminating misinformation. Mr. Tom Curlee, who represented the Board of Trade/Port of Corpus Christi, said they supported the proposed ordinance and recognized that the Council had to make a difficult decision. He said there were other important issues that needed to be dealt with, such as the pipeline. Mr. Herman Johnson, 933 Airline, said he felt that continuing to release water may be the best option at this time. He urged the Council to continue with the pipeline project and alternate water sources. Mr. Norman Renfro, with Valero Refining Company, said Valero recommended the passage of the ordinance because conservation makes sense, and history has shown that the combined lake levels have decreased by as much as 25% in one year. Mr. R.F. Hasker, 1813 Wallace, said this issue was very confused. He questioned the operation of the wells and the level of salinity in the bay. Mr. John Moon, President of American Chrome and Chemicals, said they support the ordinance because conservation efforts needed to be taken now to extend the area's water supply. Ms. Jennifer Prouty, a faculty member in the sciences at Texas A&M University -Corpus Christi, commented on the unpredictability of droughts, and said that the sacrifices that would be required are necessary in light of the serious water shortage at hand. Mr. Ray Johnson, 933 Airline, said he was concerned about the charges to residential and Minutes Regular Council Meeting October 8, 1996 Page 10 commercial customers that would result in fewer and fewer people being able to afford landscaped homes and businesses. He said the proposal should be defeated and an alternative sought. Ms. Arnette Clark, 6506 Sahara, said she and her husband own Evergreen Irrigation. She noted that the TNRCC is the regulatory body for irrigators, and she said they were playing "Russian roulette" with the future of the area's irrigators, landscapers, nurserymen and growers. Mr. Rey Madrigal suggested that those people who do conserve water be rewarded for their efforts. Responding to Mayor Rhodes, Mr. Hennings described Mr. Moulton's suggestion of making the increases based on 1,000 gallons per person. The Mayor made a motion to change the allotments in that way, seconded by Mr. Heldenfels. Mr. Martin questioned how that change would affect apartments. Mr. Hennings said that a 1-2 person household would still be allotted 6,000 gallons per month; followed by 7,000 gallons for three people; 8,000 for four; 9,000 for five; 10,000 for six; and so on. The Mayor's motion to amend failed. Mrs. Cooper said she would support the proposal if she thought that it would save a substantial amount of water, but she did not believe that would be the case. She also expressed frustration concerning the TNRCC's proposals, saying that the 20% trigger level for water rationing should remain in effect. Mrs. Black said she agreed with Mr. Johnson about doing what is best for the whole community. Mr. Martin said that the TNRCC was not trying to run the city's operations, and he said that the city has not yet taken the types of conservation steps that can be taken prior to allocations. He said he did not think this situation changed the city's relationship with the TNRCC with regard to pending permits on other issues. City Secretary Chapa polled the Council for their votes as follows: 3. FAILED Minutes Regular Council Meeting October 8, 1996 Page 11 The foregoing ordinance failed to pass by the following vote: Rhodes, Black, B. Longoria, and J. Longoria voting "Aye"; Cooper, Heldenfels, Martin, and McNichols voting "No"; Best absent. * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion of Item 4, cost of water services study. City Manager Hennings pointed out that this issue had been discussed at the previous Council meeting on September 24, 1996. He said it involves "passing through" the actual cost of raw water; i.e., every customer would pay the same amount for each gallon of raw water. He said this would allow staff to make the adjustments in the actual cost on a monthly basis, and some fluctuations are expected depending on how much the pipeline is operated after it is built. Mr. Hennings said the current cost of raw water is 25¢ per 1,000 gallons, which is the cost of operating Choke Canyon Reservoir and Lake Corpus Christi, paying the debt and maintenance on those facilities, and delivering the water to the pool at the Stevens Treatment Plant in Calallen behind the salt water diversion dam. He referred to a chart indicating the costs for future projects, including the Lake Texana and Garwood pipelines, which would result in a total of 75.07¢ per 1,000 gallons. Responding to Council Member Martin, Mr. Hennings said the cost to purchase the Lake Texana water is included in the 250 raw water cost. Mr. Martin said staff may want to break out that cost since the Lake Texana water is a new water source. He said what should also be illustrated is the cost of the Garwood-Texana water, which will be over $1 per 1,000 gallons; however, when that cost is blended into the existing system, it results in a 500 net increase. Mr. Hennings then pointed out that using the raw water pass-through approach would not result in any new costs. For example, the average inside -city -limits (ICL) one -family residental charge for 6,000 gallons of water would be as follows: minimum charge of $4.58, plus treatment and distribution for $6.38, plus raw water for $1.50, which equals a total monthly charge of $12.46. He reiterated that the portion of the bill that is attributed to raw water is relatively small for residential customers. Mr. Hennings referred to a chart showing the current and future costs for a residential customer using 6,000 gallons and one using 12,000 gallons. He noted that the customer who currently pays $12.46 for 6,000 gallons will, under this scenario, pay $15.48 when the Garwood and 1 Minutes Regular Council Meeting October 8, 1996 Page 12 Texana pipeline costs are added (this includes a raw water cost of $4.52). The residential customer currently paying $24.33 for 12,000 gallons will pay $30.37 (with a raw water cost of $9.04). The City Manager said staff will discuss alternatives on the current block rate structures, the undercharge for raw water customers, and the establishment of a new industrial rate class for large process water users. Council Member McNichols reiterated that when the costs for the Texana and Garwood pipelines are actually phased in, they would result in an increase to the average residential customer of only $3 per month. Mr. Martin suggested that the cost of service study contain only two categories: treatment) distribution and raw water. He also questioned whether the increasing block rate took effect at those low levels of usage illustrated. He said the portion of raw water costs for raw water customers should be based upon the actual debt service, which may be another undercharge that was not included in the study. Responding to Council Member Heldenfels, Mr. Hennings explained that the example of the current 6,000 -gallon residential customer's raw water cost of $1.50 was derived from 25¢ times six. * * * * * * * * * * * ** Mayor Rhodes opened discussion on Item 5, consideration of an appeal by Martin and Pam Anguiano of the Building Standards Board decision requiring demolition of a building at 645 Mohawk. Mr. Tom Utter, Assistant City Manager for Development Services, distributed a list of estimated expenses submitted by the Anguianos to rehabilitate the structures on Mohawk, as well as a letter from Mr. Jerry Outterson, who was opposed to the Anguianos' appeal and who felt that the buildings should be demolished. Mr. Utter said the estimates submitted by the Anguianos totaled almost $38,000 for the repairs, but it was staff's conclusion that they underestimated the cost by $10,000. He said they also asked for six months to bring the units up to code. Responding to Mayor Rhodes, Mr. Utter said staff did not believe the units could be rehabilitated in six months, and they continued to recommend demolition. He said they also determined there is a renter or a squatter on the property, and if the Council voted to allow the Anguianos time to repair the buildings, it should be with the condition that the person there now be required to move immediately and no one be allowed to occupy the property until it is brought up to standard. The Mayor said she was willing to give the Anguianos time to repair the buildings since they Minutes Regular Council Meeting October 8, 1996 Page 13 just purchased the property and had not had the opportunity to do so. She asked if the Anguianos were renting the property to anyone. Mrs. Pam Anguiano replied that they were not collecting any money, and there was a woman staying there illegally and she had not been able to force her to leave. Mayor Rhodes made a motion to overturn the Building Standards Board's decision and allowing Mr. and Mrs. Anguiano six months to bring the property up to code, with the understanding that no one would be able to live there. The motion was seconded by Council Member Cooper. Mayor Rhodes called for comments from the audience. Ms. Jo Ann Gomez, 651 Mohawk, complained that this case had come before the Building Standards Board twice before and both times it voted to have the buildings in question demolished. She also said that a woman had been living there whom the Anguianos knew about, and Mayor Rhodes assured the speaker that the woman would be forced to leave the premises. Another citizen said she had been living on Mohawk Street for many years, and she asked that the Council uphold the demolition order. She added that the Anguianos have cleaned the property but have left the trash sitting next to the street, and it will not be hauled away since there are no utilities at that property. Council Member Martin said the property should be demolished. He added that if the Council voted to allow the Anguianos six months to make the repairs, the person currently living there should be required to be out in one week and the owners should be required to obtain a building permit in 30 days; if not, the demolition should take place. Mr. Utter suggested some conditions that could be included, such as requiring that reconstruction begin in 30 days. He added that staff could assist the Anguianos in the process of removing the person living there, but ultimately it was their responsibility to do so. Council Member Betty Jean Longoria said she felt the Council had an obligation to the neighborhood. Initially she was opposed to letting the Anguianos rehabilitate the property, but she was willing to let them do so with the conditions included. Council Member Black asked if the Anguianos were aware of the actions --including the demolition order --that had taken place regarding this property before they purchased it, and Mrs. Anguiano said the previous owner had not informed them. Mrs. Black echoed Mrs. Longoria's comment that the Council's responsibility was to the community and this case has dragged on far too long. Minutes Regular Council Meeting October 8, 1996 Page 14 Responding to Mr. Martin, Mr. Utter explained that if the conditions were not met, staff would be authorized to demolish the property. Mr. Martin asked Mr. Bray if that was legal, and Mr. Bray said it was legal. In reply to Council Member John Longoria, Mr. Utter described the process for obtaining a building permit. Upon verification from Mr. Utter, Mr. Longoria pointed out that if the Anguianos obtained the building permit and began reconstruction in 30 days, the city could not take any action until the six-month time period had elapsed. City Secretary Chapa called for a vote on Mayor Rhodes' motion, and it failed to pass by the following vote: Rhodes, Cooper, B. Longoria, and McNichols voting "Aye"; Black, Heldenfels, J. Longoria, and Martin voting "No"; Best absent. Mayor Rhodes explained to Mrs. Anguiano that since the vote was 4-4, it failed to pass, which she stated would result in upholding the Building Standards Board's decision to demolish the property. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, public access channel violations. City Manager Hennings explained that the city's franchise agreement with TCI Cablevision requires them to carry a public access channel, and the city has an ordinance that govems how that channel is used, including prohibiting commercial advertising. He said that the program sponsored by the Corpus Christi Coffee Club was found to have had advertising in violation of the rules, and TCI suspended them. The suspension was held in abeyance while the Coffee Club appealed to the Cable Commission, which recommended to the Council that they uphold the decision. The Council instructed the Cable Commission to review the rules and consider whether there ought to be a provision to issue a letter of warning. Mr. Hennings said the present rules contain a "two strikes and out" provision --on the first offense there is a provision for a 10 -day suspension, and the second offense results in an indefinite suspension. He said the Cable Commission recommended amending the ordinance so that the first violation would result in a warning letter, the second violation would result in a 30 -day suspension, and the third violation would result in a 1 -year suspension. This conclusion was reached after several meetings with the staff and the Public Access Users Group (PAUG), which had a different recommendation. Mr. Hennings said if the Council adopted the amendment proposed by the Cable Commission, then staff would recommend that they dispose of the Coffee Club case by upholding the decision of the Cable Communications Commission --that would constitute the first violation for Minutes Regular Council Meeting October 8, 1996 Page 15 the Coffee Club and would require staff to issue them a letter of warning. Mayor Rhodes called for comments from the audience. Mr. Rey Madrigal, 3002 Churchill, said the Coffee Club still maintains that they did not violate the rules, and he asked the Council to consider removing the allegations against them. Mr. Armando Flores, one of the founders of the Coffee Club, said there a misunderstanding regarding the incidents in question, which he explained. He said this was a frivolous complaint against a program that offers a public service to the community. Mr. David Noyola said the Coffee Club members were not willing to accept that they had done anything wrong --even in the form of a warning letter. He said someone should be willing to screen the tapes before they are aired on TCI to check for possible rules violations. He added that Mr. Madrigal invested in an editing machine for the tapes. Mr. Henry Kosling, 949 Airline, said he represented the Coffee Club in this appeal. He said the Coffee Club was a community service organization and does not endorse any candidates or products. He briefly discussed the incident in which the violations were said to have occurred, and disputed the findings of the Cable Commission. Mr. George Balli, 2826 West Mount and President of PAUG, pointed out that what sparked this controversy was the "Race and Reason" program that had aired on the public access channel. He said his cable program was the first one to be suspended for violating the rules, and he and other members of PAUG consequently worked with others to recommend amendments to the rules. Council Member Martin said the Council should adopt the amendments and start fresh. He said the Coffee Club may or may not have committed a technical violation, adding that the context in which the remarks were made should be considered. Council Member Betty Jean Longoria said she supported the amendments and the Coffee Club should be allowed to start with a clean slate. Responding to Council Member John Longoria, Mr. Bray said under the new rules the third violation would have to occur 12 months from the first violation. Mr. Longoria added that because of the nature of the Coffee Club's program, Mr. Madrigal does not have any control over the comments made by the audience. City Secretary Chapa polled the Council for their votes as follows: r Minutes Regular Council Meeting October 8, 1996 Page 16 6.a. ORDINANCE NO. 022711 Ordinance amending the Corpus Christi Code of Ordinances, Chapter 2, Administration, to amend operating rules of the cable television public access channel to define violations of the rules; specifying civil penalties for such violations; providing for severability; providing for publication. 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 said that with regard to the Coffee Club case, there was consensus among the Council members that they should be given a clean slate. However, she said, even though the audience may be difficult to control, she pointed out that the program is not aired live and comments that violate the rules should be edited out. The Mayor then made a motion to grant the appeal by the Corpus Christi Coffee Club, thereby denying the decision of the Corpus Christi Cable Communication Commission; seconded by Mr. Martin. She called for a voice vote on the motion, and it passed unanimously. (M96-316) * * * * * * * * * * * ** Mayor Rhodes opened discussion on Item 7, FY 96-97 adopted budget corrections. City Manager Hennings said that when the Council adopted the budget as staff recommended in July, staff did not realize they had made a mathematical error in totaling the General Fund ending balance in the current budget year, as well as mathematical errors in the Utility System Debt Service Fund. He said staff reported those errors to the Council when they discovered them in August. Mr. Hennings said this item was a review of the effect of those errors, as well as information from the preliminary results of the annual audit, which indicate that the expenditure level in the General Fund exceeded what staff estimated it would by $856,000 in the Police Department. As a result, staff is projecting that the ending fund balance for the General Fund is going to be $1.2 million, whereas when the budget was adopted in July, staff believed it would be $2.3 million. He said this was a concern due to the information they had received from the rating agencies, who had specifically asked the city to take steps to build the General Fund balance back to its historical level. He said staff thought that when the budget was adopted they had accomplished two things: narrowed the gap between revenues and expenditures; and built the ending balance back to the $2.3 million level. He said the mathematical errors had no effect on narrowing the gap; however, the resulting ending balance of $1.2 million, while an improvement, was not as high as staff had thought Minutes Regular Council Meeting October 8, 1996 Page 17 it would be. Consequently, staff has investigated options to push the General Fund ending balance back up to a desired level, which he described. Mr. Hennings said one option was to amend the budget and appropriate the annual $200,000 payment to the Art Museum of South Texas from the Tourist and Convention Fund instead of from the General Fund, as it was traditionally appropriated. He said during the budget preparations, all of the city's departments except Police and Fire had made reductions, and staff was now investigating ways to make reductions there. One consideration was to postpone the academies of those departments until next year, which both Police Chief Alvarez and Fire Chief Adame opposed. Instead, Chief Alvarez has observed that the Police Academy might not get 20 qualified applicants for the Police Academy, and if 15 are budgeted for instead, that would save $81,000. Mr. Hennings said the Fire Academy could be postponed until January 6, 1997 without affecting the work that has been done on recruiting, testing and preparing applicants; that postponement would result in a savings of $256,000. The City Manager said the net result of those changes would improve the city's case with regard to the rating agencies: the deficit between revenues and expenditures would be eliminated and there would actually be a surplus of revenues over expenditures of $219,000; and the ending fund balance in the General Fund would be rebuilt to about $1.8 million. Council Member Heldenfels said one of the basic services that a city provides is fire and police protection, and he did not think the Council should adopt staff's recommendations except the change in the Art Museum appropriation. He also asked about the source of the excess expenditures in the Police Department. Mr. Hennings replied that staff had asked the Police Department to reduce their budget by 3% in January, but they were not able to do so. Also, staff had estimated the attrition rate based on historical numbers, but the resulting attrition rate was not as high as estimated, thereby causing the payroll to be higher; and staff had not budgeted enough money to cover the cost of the new police union contracts. Council Member Martin said that the budget projections are constantly updated, and he questioned why the Budget Office had not made these adjustments prior to adoption of the budget. He said the Budget Office knew this was happening when the budget was being prepared, and someone chose not to present that information. He asked staff to investigate why this was not reported, and he questioned if it was an attempt to deliberately keep the budget in balance. Mr. Martin asked how this mistake was discovered, and Mr. Hennings replied that it was discovered during the review of the year-end numbers by the Budget Office. Mr. Martin also asked if the auditors had provided preliminary figures so there will not be more adjustments in the future, and Mr. Hennings replied affirmatively. Mr. Martin requested the amount of the actual FY 95-96 fund balance, and he asked if the $200,000 would qualify as an arts expenditure, and Mr. Hennings said it would. Minutes Regular Council Meeting October 8, 1996 Page 18 Mr. Heldenfels said that if the Police Academy has 20 qualified applicants then the city should fund all 20; he added that Corpus Christi is below the national average in numbers of police officers per 1,000 people. Mayor Rhodes called for comments from the audience. Mr. Neal Trolinger, 337 Stages Dr., expressed concern about the proposal conceming the Art Museum appropriation. He read from the Hotel/Motel occupancy tax code, Sec. 351.103 of the Texas Civil Code. He said that code states that at least 50% of hotel occupancy tax revenue collected by a municipality with a population of 200,000 or greater must be allocated for purposes provided in 351.101(a)(3), which he described, including the promotion of tourism. He asked if that provision was being met. City Attorney Bray replied that the city pays to the Greater Corpus Christi Business Alliance for that basic use about $1.9 million. He said the provision which authorizes this particular expenditure is Subdivision 4 of 351.101, the encouragement, promotion, improvement and application of the arts. He said up to 15% of the hotel/motel monies can be spent for that purpose, and with this expenditure, it will still be less than 15%. City Secretary Chapa polled the Council for their votes as follows: 7. ORIMIAIST.CEN_a_022a2 Ordinance amending the Fiscal Year 1996-97 Budget, adopted by Ordinance No. 022643, by appropriating $200,000 from the Unreserved Fund Balance in Fund No. 103 Tourist & Convention Fund; and decreasing General Fund appropriations by $537,000. 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 8, a public hearing concerning Crosswinds Estates. Mayor Rhodes called for comments from the audience, and there were none. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting October 8, 1996 Page 19 8. FIRST READING ORDINANCE Closing and abandoning a 0.90 acre portion of a 40 -foot wide undeveloped street right-of- way located along Lots 28 & 29, Section 21, and Lots 4 & 5, Section 22, Flour Bluff and Encinal Farm and Gardens tracts in order to facilitate development of the Crosswinds Estates subdivision; subject to compliance with the specified conditions; and replatting the property at owner's expense. The foregoing ordinance passed on first reading 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 9, a public hearing regarding an amendment to the Master Sanitary Sewer Plan for the southern area of Corpus Christi. Mayor Rhodes called for comments from the audience, and there were none. Council Member Martin made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 9. FIRST READING ORDINANCE Amending the City of Corpus Christi Comprehensive Plan by amending the Master Sanitary Sewer Plan for the southern area of the City by adding 154 acres to Southside Service Area 9; deleting 122 acres from Southside Service Area 8; deleting 32 acres from Southside Service Area 10; and increasing the ultimate service capacity of Lift Station (LS) No. 39A, from 3.5 million gallons per day (MGD) to 5.0 MGD. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes reiterated that Item 10 was being postponed until November 12, 1996. 10. 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, Minutes Regular Council Meeting October 8, 1996 Page 20 Section 51, Lots 20, 29, and 30, located on the south side of Yorktown Boulevard, between Flour Bluff Drive and Waldron Road. POSTPONED Lots 20, 29, ab,d 30, from "F R" Far.,, Rural Dist tet to "RE" R.,s:dei,tial Estate Dist iet, * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning cases: 11.a. Case No. 896-3. Hulings Realty Ltd • A change of zoning from an "R -1B" One -family Dwelling District and `B-1" Neighborhood Business District to a "B-3" Business District on Woodlawn Estates Unit 1, Block 1, south 90 feet of Lot 2 and all of Lots 3 through 12, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, south 8.47 acres out of the north 11.16 acres out of Lots 3 and 4, located along the east side of Daly Drive between McArdle Road and South Padre Island Drive. Mayor Rhodes said the Planning Commission and staff recommended approval on Item 11.a. 11.b. Case No. 996-1. Hulings Realty. Ltd: A change of zoning from an "R -1B" One -family Dwelling District to a "B-3" Business District on Woodlawn Estates Unit 1, Block 1, Lot 1 and north 10 feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, north 2.69 acres out of Lots 3 and 4, located along the south side of McArdle Road, east of Daly Drive. Mr. Michael Gunning, Senior Planner, explained that Case No. 896-3 (Item 11.a.) is a 13.43 acre tract of property that runs north -south basically along the east side of Daly Drive, and then extends about 1,300 feet back to the east and is located directly behind existing property zoned `B- 4." He said Case No. 996-1 (Item 11.b.) is the property that is zoned "R -1B" located along the McArdle Road frontage. He said the applicant was requesting "B-3" zoning on both properties with the understanding that a special permit be recommended on the second case to allow for a 100 -foot buffer area. He then showed the video of the subject property. Mayor Rhodes called for comments from the audience. Mrs. Nan Pillinger, 6606 Clarion Dr., said that a year ago the Pharaoh Valley Neighborhood Association agreed to let the property along the portion of South Padre Island Drive adjacent to their 1 Minutes Regular Council Meeting October 8, 1996 Page 21 neighborhood be zoned `B-4," but 400 feet fronting on McArdle would be retained as residential. She said the neighbors were concerned that this project was so large that it had the potential to seriously alter the aesthetics of their neighborhood. Mayor Rhodes pointed out that the special permit has eight conditions, and she asked Mrs. Pillinger if she was in favor of those conditions. After a brief discussion, Council Member Martin suggested that the applicant be allowed to present his alternative proposal. Mr. Mark Hulings, 4743 Ocean Dr., introduced Mr. Robert Gignac, a landscape architect. Mr. Hulings said they agreed to the conditions of the special permit with the exception of the 30 -foot set -back. He asked the Council to consider approving an alternative landscaping proposal. Mayor Rhodes asked if the neighbors agreed with the proposal, and he said he thought they liked the plan, but there was some confusion because the alternative landscaping involved a staggered fence that was not set back 30 feet throughout (the minimum set back was 10 feet in some places), but which he felt was a superior landscaping plan. Mr. Gignac described the landscaping plan in detail and distributed copies of it to the Council. Mr. Barry Pillinger, 6606 Clarion, said the applicants had been very cooperative with the members of the neighborhood association. He said he would prefer to see a greater set -back than the minimum 10 feet as described, and he suggested that the 10 -foot sections be decreased in length and the 20 -foot sections be increased in length. Mr. Martin made a motion to amend the fourth condition of the special permit for Case No. 996-1 concerning landscaping of the parking lot to provide for a staggered landscaping plan as presented with an average set -back of 20 feet; seconded by Mr. Heldenfels, and passed unanimously. Mr. Martin then made a motion to close the public hearing, seconded by Mr. Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 11.a. ORDINANCE NO. 022713 Amending the Zoning Ordinance upon application by Hulings Realty, Ltd., by changing the Zoning Map in reference to Woodlawn Estates Unit 1, Block 1, south 90 feet of Lot 2 and all of Lots 3 through 12, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, south 8.47 acres out of the north 11.16 acres out of Lots 3 and 4, from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-3" Business District; providing for publication. Minutes Regular Council Meeting October 8, 1996 Page 22 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent. 11.b. ORDINANCE NO. 022714 Amending the Zoning Ordinance upon application by Hulings Realty, Ltd., by granting a Special Council Permit for a parking area associated with the adjacent auto dealership subject to a site plan and eight (8) conditions, on Woodlawn Estates, Unit 1, Block 1, Lot 1 and north 10 feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, north 2.69 acres out of Lots 3 and 4; providing for publication. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 12 through 28, and Council Members requested that Items 13, 21 and 23 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 12. RESOLUTION NO 022715 Resolution confirming the appointment by the City Council pursuant to the City Charter, Article III, Sec. 1, of Bill Hennings as City Manager. The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 14. M96-304 Motion approving the purchase of two GIS computer workstations in accordance with Bid Invitation No. BI -0014-97 from Integrated Computer Systems, Fort Worth, on the basis of low bid of $31,907. The computer equipment will be used by the Gas Department and Engineering Services and is budgeted in the 1996-97 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, And Martin voting "Aye"; Best, B. Longoria, and McNichols absent. Minutes Regular Council Meeting October 8, 1996 Page 23 15. M96-305 Motion approving the purchase of 1,000 gallons of Malathion from Cheminova, Wayne, New Jersey, for a total of $22,200 based on sole source. This chemical will be used by Health Department's Vector Control for control of mosquitos. Funds have been budgeted in FY 96-97. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 16. M96-306 Motion approving a supply agreement for approximately 16,834 tons of flexible base caliche in accordance with Bid Invitation No. BI -0213-96 with Love Enterprises, Robstown, Texas based on low bid of $100,856.50. The term of the contract will be twelve months with 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. This material will be used by the Street and Utility departments. Funds have been budgeted in FY 96-97 by using departments. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 17. M96-307 Motion to award a contract in the amount of $226,186.60 to Manhattan Environmental, Inc. for the J.C. Elliott Landfill Expansion Sector 6 Liner Improvements. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 18. M96-308 Motion awarding a contract in the amount of $143,852 to ECS Construction for ADA modifications at seven (7) City -owned facilities to bring high use City -owned facilities into compliance with the Americans with Disabilities Act (ADA) and Article 9102 of the Texas Civil Statutes, Elimination of Architectural Barriers Program. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 1 Minutes Regular Council Meeting October 8, 1996 Page 24 19. M96-309 Motion awarding a contract in the amount of $19,475 to Metro Electric Service, Inc. for construction of the new Northwest Senior Center Parking Lot Lighting. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 20. M96-310 Motion approving the application by the Downtown Management District for closing the following street sections for the Third Annual "Antiques by the Bay" event on October 19- 20, 1996: a. 300 and 400 blocks of Chaparral Street to be closed beginning 5:30 p.m., Friday, October 18 thru 6:00 a.m. Monday, October 21, 1996. b. 300 and 400 blocks of Lawrence Street to be closed beginning 1:00 p.m., Saturday, October 19 thru 6:00 a.m. Monday, October 21, 1996. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 22. M96-312 Motion authorizing the City Manager to execute an employment agreement with the law firm of Hunt, Hermanson, McKibben and English to represent the City in Hal Suter et al v. The Corpus Christi Bay Area Business Alliance et al, at an hourly rate of $125, not to exceed $25,000. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 24.a. M96-315 Motion authorizing the City Manager or his designee to accept a grant in the amount of $18,907 from the Texas Department of Transportation for the continued operation of the SPEED Selective Traffic Enforcement Project (STEP) and to execute all related documents. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. Minutes Regular Council Meeting October 8, 1996 Page 25 24.b. ORDINANCE NO. 022716 Ordinance appropriating $18,907 from the Texas Department of Transportation for the continued operation of the SPEED Selective Traffic Enforcement Project (STEP) in the No. 162, State and Federal Grant Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 25. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a 10 -year Use Privilege Agreement with Padre Soccer League for 25.76 acres at Bill Witt Park for a youth soccer program. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 26. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute approximately a five-year lease ending December 31, 2001 with Continental Airlines, Inc. for ticket counter space, 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 first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. 27. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 2-217, Membership, by changing the age limit from eighteen (18) to twenty-one (21) years to sixteen (16) to twenty-one (21) years at time of appointment. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and Minutes Regular Council Meeting October 8, 1996 Page 26 McNichols absent. 28. ORDINANCE NO. 022717 Closing and abandoning a 70 -square foot area of a 7 '/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 second reading by the following vote: Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 13, Texas Municipal Retirement System (TMRS). Replying to Council Member Heldenfels, Mr. Hennings explained that the city was taking advantage of the opportunity in the TMRS Act to adopt updated service credits and to increase the annuities for employees already retired. He said the effect was to keep the pension plan for city employees (except fire fighters, who have their own pension plan) up to date. He said a retiree's pension check would increase by just 40% of the change in the annual Consumer Price Index, which is some offset for inflation. Mr. Heldenfels questioned the description of the TMRS retirement plan, which includes the provision of the city contribution match of 2 -to -1. Council Member Martin pointed out the pension plan was actuarially determined. Upon verification by Mr. Hennings, Mr. Martin said that this year the city was contributing 11.39% and the employee was contributing 5%, and the cost was more than 2 -to -1. He said basically 7% of that is the normal cost --the rest is for prior service credits, etc. Mr. Martin added that the employee does not own the money the city contributes; after 10 years he is entitled to a pension from the fund and this was not an individual retirement system. A brief discussion ensued. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Authorizing and allowing under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said System for service performed by qualifying members of such System who presently are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased Minutes Regular Council Meeting October 8, 1996 Page 27 retirees of the City; establishing an effective date for such actions; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 21, Safe Drinking Water Act information collection. Council Member Martin asked Mr. R.H. Shackelford, Director of Engineering Services, if he was convinced that this action was necessary, and Mr. Shackelford said he was. Mr. Martin asked if credit would be given to local participatory factors as part of the judgment on the contract, and he asked if the lab services were protected under the state bidding laws. Mr. Shackelford said he did not think the lab services were protected. Mr. Martin said he hoped that rates would be available, and Mr. Shackelford said staff had seen rates on different types of tests. He added that three local labs had indicated interest in participating in this project and working toward becoming qualified. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. M96-311 Motion authorizing Staff to waive the 75% local participation rule in soliciting proposals from consultants for those professional services required to implement the Information Collection Rule (ICR) Phase of the amended Safe Drinking Water Act. The foregoing motion passed by the following vote: Rhodes, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 23, COPS MORE grant application. Responding to Council Member Martin, City Manager Hennings said this was a different grant than one that was discussed a few months ago. Police Chief Alvarez said the other grant has not yet been authorized, but a response was expected this week. Mr. Martin asked what the city's match was under the other grant, and the Chief said he thought it was $57,000. Mr. Martin asked if this grant would complete the project, and Mr. Hennings said it would. Minutes Regular Council Meeting October 8, 1996 Page 28 In reply to another question from Mr. Martin, Chief Alvarez said the grant application for about $1.6 million cannot be spent for sworn personnel. Mr. Martin asked if the city's match of $400,500 could come from drug funds, and Mr. Hennings said it could. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 23.a. M96-313 Motion approving the submission of a grant application in the amount of $1,602,000 to the U. S. Department of Justice, Office of Community Oriented Policing Services for funding available under the COPS MORE '96 program. The 25% matching costs to the City will be $400,500. The foregoing motion passed by the following vote: Rhodes, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent. 23.b. M96-314 Motion authorizing the City Manager to increase the amount of the grant application to $2,663,000 with the City's 25% match remaining at $400,500, if Nueces County chooses to participate in this grant application. The County's matching cost will be $265,250. The foregoing motion passed by the following vote: Rhodes, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent. Mayor Rhodes said she was just informed that October 9, 1996 was an Ozone Action Day. * * * * * * * * * * * * * Mayor Rhodes announced the 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. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings said the Texas Minutes Regular Council Meeting October 8, 1996 Page 29 Transportation Commission decided last week to construct a new interchange at U.S. 59 and Interstate 10 in Houston. He said the $72 million project would be located near the potential site of a new baseball stadium for the Houston Astros. He said that as a result, Corpus Christi's projects for the Crosstown Expressway and the Kennedy Causeway have been pushed back. Mayor Rhodes and Council Member McNichols suggested that recent video taken of the flooding of the Kennedy Causeway be sent to the appropriate officials to emphasize the need to improve the causeway. Mr. Hennings said he wished to correct several statements that were made by citizens during the discussion of the water issue: the salinity in Nueces Bay is not low, it is still above the limits; and the water in the Nueces River above Calallen is held behind the saltwater diversion dam, where it is taken out through a pipe to the Stevens Water Treatment Plant. He said the impression was given that the city pumps the water wells into the river, and it runs down the river into the bay --he said that was not true. In addition, a citizen said there was no evaporation from the lakes during the winter, which is far from the truth. Mr. Hennings pointed out that the evaporation rates are lower in the winter and when the weather is cloudy, but there is still major evaporation loss all year long. Mayor Rhodes and Council Member Martin suggested that staff correct such misstatements at the time they are made during the meeting, rather than waiting until later. Mr. Hennings added that Congress passed the bill that would defer payments on the Choke Canyon debt for five years, and it was awaiting the President's signature; and he noted that the new federal courthouse project was on hold because Congress made some reductions in funding for federal courthouses. He also said items scheduled for the October 15, 1996 meeting included: more discussions on the water issue, including the Garwood water rights; and the new landfill. Mayor Rhodes said some citizens had called saying they were notified by the city about mowing their property, while the city cannot maintain its own mowing schedule. She suggested that the city postpone such notifications until it catches up with its mowing. Mr. Hennings pointed out that the notification process was very long, and Mr. Martin said it needed to be improved. Mr. Hennings replied that staff would review that issue. Mayor Rhodes called for Council concerns and reports, and there were none. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Isaac Valencia, 3122 Leopard, President of the Corpus Christi Police Officers Association, said the recent state convention of the Combined Law Enforcement Associations of Minutes Regular Council Meeting October 8, 1996 Page 30 Texas (CLEAT) was very successful. He thanked many people for their participation, including Mayor Rhodes, Council Member Black, other elected officials, members of the regional law enforcement associations, and hotel and business communities. He also discussed the role of the C.C. Police Officers Association and their involvement in similar recent conventions held in this city. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 8:20 p.m. on October 8, 1996. T # # # # # # # # # # # # #