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HomeMy WebLinkAboutMinutes City Council - 11/19/1996I 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 November 19, 1996, which were approved by the City Council on November 26, 1996. WITNESSETH MY HAND AND SEAL, this 26th day of November, 1996 Armando Chapa City Secretary SEAL 14 11F lL.MtU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 19, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Tony Heldenfels* Council Members: Dr. Jack Best Betty Black Melody Cooper Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols City Staff: City Manager Bill Hennings Assistant City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Buck Griffith, Windsor Park Church of Christ, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 November 12, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor introduced Mr. Richard Volk, Director of the Corpus Christi Bay National Estuary Program, who gave a presentation describing the process and timeline for developing the Coastal Bend Bays Plan. Using several visual aids, Mr. Volk explained that the U.S. Congress created the program in 1987; currently, there are about 28 such programs around the country, two of which are located in Texas. *Council Member Heldenfels arrived at the meeting at 2:05 p.m. Mr. Volk said the Corpus Christi Bay estuary program encompasses the 12 counties of the Coastal Bend, or about 550 square miles of bay water from roughly the Aransas Wildlife Refuge to the north to the upper Laguna Madre to the south. Minutes Regular Council Meeting November 19, 1996 Page 2 He explained that the National Estuary Program will not create new regulations or levels of government, nor will it affect private property rights, duplicate existing programs, or supersede local authority. He said the outcome of the estuary program planning process will be a series of specific projects that will largely utilize existing budgets and realign priorities of the state and federal agencies which have management authority in the area of resource management. In addition, it is intended to create a coordinated plan of action that will carry through to the 21st century. He said the goal is to complete a draft of the Coastal Bend Bays Plan for public review and comment by the end of 1997, with a final plan completed by September 1998. Mr. Volk discussed the program's priority issues, technical studies that have been undertaken, and the importance of protecting the estuaries. Mr. Volk noted that there are about 10 city staff members involved in various committees of the Corpus Christi Bay National Estuary Program. Mayor Rhodes suggested that a mechanism be developed to ensure that city policies are consistently addressed by the city staff members participating in the program, including strong communication between those staff members and the City Manager. Council Member McNichols echoed Mayor Rhodes' comments, particularly regarding the issue of freshwater inflows and the city's negotiations with the Texas Natural Resource Conservation Commission (TNRCC). * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, effluent diversion demonstration project. Mr. James Dodson, Regional Water Director, said the City of Corpus Christi has been moving ahead in water resources management by integrating the area's water supply and wastewater planning. He said in 1991 and 1992 the city engaged in a series of regional planning studies to determine how to most effectively use the area's resources. The study found that rather than discharging wastewater effluent into some of their current locations (inner harbor, Oso Bay, etc.), it was felt that the most appropriate place would be into the Nueces Bay system --primarily the Nueces delta, which is an area of marshes that historically received the flood flows of the Nueces River. Mr. Dodson said the study recommended that the city proceed with a pilot project to acquire more specific information in an actual location where the wastewater would be diverted. In 1994 the City Council approved the effluent diversion demonstration project in the capital improvement program, and awarded a contract for the engineering, design, and permitting of the project. He said it has taken two years to obtain the necessary permits to move the wastewater from its current discharge location in the Nueces River to a new location --it would be piped under the river and discharged at a site in the Nueces delta adjacent to the Allison Wastewater Treatment Plant. Mr. Dodson said the city should be going out for bids in December on the construction of the project, Minutes Regular Council Meeting November 19, 1996 Page 3 with construction planned to begin in a few months. He then referred to maps to illustrate the actual location of the pilot project, which he further described. Referring to the current proposed contract for consulting services, Mr. Dodson said that the Marine Sciences Institute of the University of Texas at Austin has a number of monitoring stations throughout the Nueces delta associated both with their own projects and projects for other entities. The contract would allow for one year of biological monitoring, with project extensions sought as long as staff feels it is necessary to continue to collect that data. Mayor Rhodes said that even though the concept of the pilot project seems simple, it has been difficult obtaining the necessary permits from regulatory agencies. She then asked how many years of data collection would be necessary before a full-scale diversion project can be implemented. Mr. Dodson replied that previously, four to five years' worth of data would have been required; however, given the city's current water situation and the information that is being developed through the National Estuary Program studies, that timeline may be shortened. Council Member McNichols pointed out that the whole point of the project is to utilize the nutrient -rich wastewater discharges to enhance the productivity of the estuary, while at the same time hopefully decreasing the amount of freshwater releases that need to be made from the reservoirs. He commented on the complexity and time involved in acquiring the permits for the project. Mayor Rhodes called for comments from the audience. Mr. John Hartley expressed support for the project, adding that the data collection period should be shortened and more wastewater treatment plants should be included as well. Responding to Council Member Martin, Mr. Dodson estimated that construction of the project would take about six months. He added that data collection had occurred in other areas but not at the actual site. Mr. Martin asked if effluent diversion projects involving other wastewater treatment plants could be developed before all of the data for the pilot project is gathered. Mr. Dodson said the city could do so if the TNRCC would cooperate in permitting the changes in discharge locations. City Manager Hennings and Mr. Dodson commented that staff had proposed diverting effluent from the Greenwood Wastewater Treatment Plant into the Nueces delta in the future, but despite attempts to negotiate, the TNRCC still required that the Greenwood plant's discharge standards be upgraded. Council Member Betty Jean Longoria asked how the contract would be extended upon expiration of the original 12 -month term. Mr. Dodson said if staff anticipated a continuation of the project for several more years, they would recommend a multi-year agreement. Minutes Regular Council Meeting November 19, 1996 Page 4 In reply to Council Member Best, Mr. Dodson said the diversion is designed to accommodate the average flow of the Allison plant, which is approximately 2.5 million gallons per day (MGD). He added that the city would have to maintain its existing discharge facilities since the peak flows at Allison could reach 5 MGD or more during wet weather flows. Responding to another question from Dr. Best, Mr. Dodson said staff has investigated several alternatives for reuse of wastewater, some of which are currently employed, such as irrigating golf courses and other facilities. He noted that one aspect to consider is the amount of return flows for which the city receives credit in its Agreed Order with the TNRCC. Council Member Heldenfels asked why this contract was not a multi-year contract in the first place. Mr. Dodson said it was felt that the base line monitoring needed to be developed first. City Secretary Chapa polled the Council for their votes as follows: 2. M96-348 Motion authorizing the City Manager or his representative to execute a contract in the amount of $70,000 for consulting services with the Marine Sciences Institute of the University of Texas at Austin for biological monitoring of the effects of wastewater effluent diversions on primary and secondary production in the Rincon Delta and Nueces Bay. 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 3, Gateway Project, as well as the public hearing on the associated street and alley closures contained in the project. City Manager Hennings explained that Items 3.a. -3.f. on the agenda would authorize the sale of the city property at Interstate -37 and Shoreline Boulevard to the federal government, and award a construction contract to modify the IH -37 connection to Shoreline to prepare the site for the construction of the new federal courthouse. Mr. Tom Utter, Assistant City Manager for Development Services, referring to a map of the proposed site, explained that the project encompasses two areas: from Mesquite Street east to Shoreline Boulevard; and from the People's Street T -Head along Shoreline to Palo Alto Street. Mr. Utter said that one of the proposals involved a contract with the General Services Administration (GSA) to purchase approximately 3.5 acres from the city, including reclaimed land from the IH -37 right-of-way (ROW), the Belden Street ROW, the old city Park and Recreation Minutes Regular Council Meeting November 19, 1996 Page 5 building, and the Greater Corpus Christi Business Alliance (formerly the Chamber of Commerce) facility. Referring to the second portion of the Gateway Project, Mr. Utter said the northbound lane of Shoreline would be moved next to the southbound lane of Shoreline, which would create a large, landscaped area along the seawall. Mr. Utter went on to say that the total cost of the entire project is estimated to be approximately $5.5 million. Upon the sale of the land to GSA, GSA would pay the city $4 million plus convey the city's right to lease the Alliance building, as well as to allow joint use of the parking area between the Alliance and the new federal courthouse. In turn, the city would close the streets, tear down the old Park and Recreation building (at a cost of about $30,000), and provide to GSA up to $75,000 to defray a portion of their "hard" costs for the joint -use parking. In order to complete the transaction, the city is required to have an agreement with the Alliance, which has agreed to transfer all of their ownership interest over to the city in the Alliance property itself for a payment of $350,000 upon closing. In addition, the city would transfer the 15 - year lease of the Alliance building to the Alliance. Mr. Utter explained that funding would also be derived from the following sources: Downtown Management District, $200,000; Regional Transportation Authority (RTA), $300,000; TRT Holdings, $250,000; and the Permanent Art Trust Fund, $215,000. He expressed his appreciation to the officials of those entities, as well as Mr. Dennis Miller and Ms. Betty King of GSA; the Texas Department of Transportation (TXDOT) and the Texas Transportation Commission; and the city's Engineering, Legal and Park and Recreation departments. Mr. Utter also briefly discussed preliminary plans for the new federal courthouse, and highlighted benefits of the Gateway Project, pointing out that it does not take any land off the tax rolls, and should provide significant impetus to the overall continued revitalization of the downtown area. Referring to Item 3.d., Mayor Rhodes made a motion to amend the sale of the property to the GSA to include parking as part of the definition of "Alliance building" for the 15 -year paid-up lease. The motion was seconded by Council Member Betty Jean Longoria, and it passed (Heldenfels voting "No"). Council Member Martin referred to a portion of the proposed contract with GSA, which states that the city has the right to seek reimbursement if the closure of the sale is not completed. Mr. Utter stated that GSA will provide to the city the cost of the construction and design of the IH -37 relocation if GSA defaults. Minutes Regular Council Meeting November 19, 1996 Page 6 Mr. Martin asked about the basic "footprint" of the proposed federal courthouse. Mr. Utter said staff has been assured that the government will attempt to have the greatest set -back possible for the courthouse from Shoreline and I11-37, principally for security reasons. Mr. Bill McCord, of the architectural firm of Wilson, Kullman, McCord, explained that the building will contain 40,000 square feet in floor area on the ground level; it will be three stories above grade on the Shoreline frontage and there will be an entrance from the water side. It is presently designed to be 90 to 100 feet from the relocated TH-37 corridor, and about 65 to 70 feet from the curb line. Council Member Best asked if there were any provisions in the agreement that pertained to the old county courthouse. Mr. Utter said staff believes that moving forward on the Gateway Project will focus attention on the old courthouse, allowing for a decision to be made on it. Council Member Heldenfels said he was unsure about the new federal courthouse's ultimate design if it is not specified in the contract. He said he was opposed to the project to begin with, adding that he agreed with Dr. Best about the old courthouse. Council Member McNichols said he wholeheartedly supported the Gateway Project, although he was also concerned about the deteriorated appearance of the old courthouse. He wondered whether the government would be able to exert influence on the Texas Historical Commission with regard to its easement on the old courthouse. He also suggested that the lights of the old building be turned off. Council Member Black said she was very much in support of the Gateway Project. She asked about the height of the new federal courthouse, and Mr. McCord said it would be approximately 75 to 80 feet tall. Mrs. Black also asked why the Alliance building would be allowed to remain. Mr. Utter explained that it was an expansion area for the new courthouse, and rather than tearing it down, an agreement was reached to allow a 15 -year, no -cost lease for the Alliance. Mr. Utter added that the Alliance could move to another location and lease the building to another group. Responding to Council Member John Longoria, Mr. Utter said GSA would provide the 15 - year lease to the city, and in the contract, the city stipulates that it will assign all of its rights in the lease over to the Alliance. He described improvements that are planned for the Alliance building. Mr. Longoria also asked about future possible uses of the Gateway Park, and Mr. Utter said there were many issues that still needed to be discussed and acted upon by the Council in the future. Mrs. Longoria said she hoped that the Gateway Project will provide an impetus to improve the old courthouse. Mr. Utter said staff intends to continue working with Mr. Dusty Durrill in finding a solution for the historic building. She also asked about the design of the walkways in the Gateway Park, and Mr. Utter said the new park will include very large walkways, as well as a hike and bike trail. Mrs. Longoria asked about the possibility of the Alliance sub -leasing their facility, and Mr. Utter said GSA would require approval of any prospective tenants. Minutes Regular Council Meeting November 19, 1996 Page 7 Council Member Cooper asked about the time frame of the project. Mr. Utter said the street construction would need to be completed by August 1997, and assuming that the sale to GSA will be finalized in April 1997, the city's portion of the project should take 18 to 24 months. He said GSA is hoping to begin construction on the courthouse in the Fall of 1997, with two years for that construction. Mr. Martin pointed out that $350,000 that would go to the Alliance would not have to be spent on rehabilitating the Alliance building. Mr. Heldenfels asked how much money the city received several years ago for the land that was transferred to the Chamber of Commerce (the current Alliance). Mr. Utter said he did not think a dollar amount was included; rather, he thought the requirement was that the Chamber construct a building with certain specifications, and that it contain a tourist information center. A brief discussion ensued. Mayor Rhodes called for comments from the audience. Mr. John Hartley said more improvements were needed in the Five Points Area. Mr. Abel Alonzo, 1701 Thames, said the Alliance building did not comply with Americans with Disabilities Act requirements, and he said he was disappointed that the Alliance was not required to rehabilitate its building. He said that overall, however, he supported the project. City Secretary Chapa polled the Council for their votes as follows: 3.a. M96-349 Motion authorizing the City Manager, or his designee, to execute an agreement with the Corpus Christi Chamber of Commerce, now known as the Greater Corpus Christi Business Alliance (Alliance) to purchase the Alliance's interest in the East half of Block 12, Water Beach Addition for $350,000 and conveyance of the City's right to lease the Alliance building under the City's Real Estate Purchase Agreement with the United States of America through the General Services Administration (GSA), subject to the GSA closing on the purchase of property from the City. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 3.b. ORDINANCE NO. 022752 Ordinance closing and abandoning a 4,000 -square foot portion of a 20 foot wide alley right- Minutes Regular Council Meeting November 19, 1996 Page 8 of -way (ROW) between Lots 1-4, and Lots 9-12, Block 12, Water Beach Addition (Closure No. 1); and a 19,200- square foot portion of Belden Street ROW from Shoreline Boulevard west, approximately 320 -feet to Water Street (Closure No. 2); and a 6,000 -square foot portion of a 20 -foot wide alley ROW, between Lots 1-6 and Lots 7-12, Block 11, Water Beach Addition, (Closure No. 3); and all closures subject to compliance with the specified conditions; and the owner replatting the property within 360 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 3.c. ORDINANCE NO. 022753 Ordinance closing but not abandoning a 13,604 -square foot portion of Water Street ROW from Belden Street south ROW to the north ROW of the new IH -37 westbound lane, approximately 170 feet in length (Closure No. 4); and closure is subject to compliance with the specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 3.d. ORDINANCE NO. 022754 Ordinance authorizing the City Manager, or designee, to execute a Real Estate Purchase Agreement with the United States of America through the General Services Administration (GSA) to sell approximately 3.50 acres of land owned by the City, comprised of Lots 1-4 and 7-12, Block 12 and Lots 4-9 and the North 20 -feet of Lots 3 and 10, Block 11, Water Beach Addition and the alleys between those Lots and Blocks (save and except that portion of the alley adjacent to Lots 7 and 8, Block 12), and a portion of Belden Street from Shoreline Boulevard West approximately 320 feet to Water Street, as more particularly described in Exhibit A (property) attached to the Agreement, a copy of which is on file with the City Secretary, for $4,000,000 in cash and a 15 -year paid up lease of the building and parking lots on the property that currently houses the Greater Corpus Christi Business Alliance operations (Alliance Building); terminating the lease between the Corpus Christi Chamber of Commerce and the City for the Alliance Building authorized on September 17, 1980 by Ordinance No. 015763 upon closing of the sale of the property to the GSA, and a new lease entered into between the City and the GSA. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and Minutes Regular Council Meeting November 19, 1996 Page 9 McNichols voting "Aye"; Heldenfels voting "No." 3.e. ORDINANCE NO. 022755 Ordinance appropriating $1,650,000 from the sale of the City property to the General Services Administration (GSA) for a new Federal courthouse into the No. 220 Street Capital Projects Fund for the Gateway Project (the Project). An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 3.f. M96-350 Motion awarding a contract in the amount of $1,023,165 to Haas Anderson Construction, Inc. for construction of the Gateway Project, Phase 1, Contract 1. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." Mayor Rhodes made a motion to close the public hearing on the street closure, seconded by Mr. Heldenfels, and passed unanimously. ************* Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, consideration of water block rate alternatives. City Manager Hennings said that before he addressed the block rates, he wanted to briefly discuss a comparison of monthly charges using desalination versus the water supply from Lake Texana and Garwood. He said the comparison illustrates that Texana and Garwood were selected as water sources since they are much more attainable and affordable at this time than desalination. Mr. Hennings said that for a one -family dwelling consuming 6,000 gallons per month (the average for single-family residences), the current charge for water is $12.46. After the pipeline is completed and water from Lake Texana and Garwood is being utilized, the charge for 6,000 gallons would be $15.48, an increase of $3.02 per month. If the city obtained its water from desalination instead of Lake Texana and Garwood, the cost for water would be $29.26, an increase of $16.80 per Minutes Regular Council Meeting November 19, 1996 Page 10 month (based upon the estimate in the Trans -Texas Study of $1,400 per acre-foot for desalination). Applying the same comparison to an outside city limits (OCL) industrial customer, the current charge for 10 million gallons per month is $17,434; after Lake Texana and Garwood, it would be $22,434; and with desalination, it would be $45,434. Council Member McNichols said there is no raw sea water desalination plant in the world that is currently operating at $1,400 per acre-foot. He said a more realistic figure is probably $2,100 per acre-foot, which would greatly increase citizens' water costs if it was implemented. Responding to Council Member Best, Mr. Hennings said if the pipeline was operational today, the city would not be facing the kind of water crisis it is currently facing. Council Member Heldenfels said the water pipeline is not a long -terns solution. Mayor Rhodes pointed out that the Texana and Garwood water will provide a secure supply for a period of time, allowing officials time to continue seeking additional supplies. She said that by that time, it is hoped that desalination will be more affordable. Mr. Hennings then referred to the rate structure alternatives. Currently, the increasing block rate is in effect for single-family residential customers. This structure recognizes that a basic quantity of water is needed for personal hygiene and use inside the household, while additional water is used for discretionary purposes, such as watering of lawns, etc. He said this structure contains a water conservation incentive. The decreasing block rate approach is used for ICL and OCL commercial customers and wholesale treated water customers. He said the disadvantage to that structure is the lack of an incentive for water conservation. Mr. Hennings said another alternative would be the flat -rate structure. One advantage of that is the perception of fairness; however, it is not aligned to the cost of service but it does offer a water conservation incentive, especially to large users. Mr. Hennings noted that the seasonal rate and excess use rates are not used in Corpus Christi. Council Member John Longoria asked that the Council receive information such as this report sooner than they are currently receiving it in order to have time to analyze it. Mr. Hennings then discussed in detail the current water rate structure, using the example of the one -family residential customer (increasing block rate for ICL customers, and uniform rate for OCL); and commercial customers (which use the decreasing block rate). He said the basic premise for rate design is that each customer rate class should pay revenue approximately equal to the cost of serving that customer class. The cost of service study recently completed indicated that the revenues for the single-family residential class exceeded the cost by about 10%. Minutes Regular Council Meeting November 19, 1996 Page 11 Mr. Hennings said there has been discussion of developing a new industrial rate class. One approach would be to break out the 13 largest water users as a separate rate class from the commercial users and establish a flat rate schedule that would generate the same revenue. In order to pursue that option, he said staff would need to work with the Board of Trade, which represents most of those companies, and hopefully reach an agreement that can be considered by the Council. He added that the cost of service for that rate class would be different because it has less fluctuation in its usage. Council Member Martin pointed out that most other cities do not have decreasing block rates for industries. He added that more discussion was needed on other aspects of the rate schedule, such as on the increasing block rate for single-family residential customers, which he said was totally unfair. He suggested that some minor adjustments could be made, such as charging a flat rate for all customers and adjusting the last block on the decreasing block rate. Mr. Heldenfels said that most citizen complaints he receives are that homeowners are paying more for their water than it costs to service them, which he said needed to be changed. Mr. Hennings emphasized that the City of Corpus Christi is the most water -efficient city in Texas, which is often overlooked. Dr. McNichols said staff should examine what the net effect on revenue would be if the residential increasing block rate structure was eliminated, and if the last block on the decreasing block rate was altered. A discussion ensued about possible outcomes utilizing different rate scenarios. Mr. Hennings said there are other aspects that need to be considered: the relationship to wastewater costs; and the possible development of special rates for the elderly and disadvantaged persons. Mr. Martin asked about the status of the bond validation suit. Mr. Hennings replied that it was set to go to court December 9, 1996, in Uvalde. He added that staff had meet with officials from the Garwood Irrigation Company and they planned to bring a recommendation to the Council next week regarding that issue. Mr. Heldenfels referred to an opinion written by City Attorney Bray concerning a request by five citizens for reconsideration of a recently approved ordinance. Mr. Bray cited two cases (from 1938 and 1951) to support his opinion that initiative and referendum provisions do not apply to ordinances which are not legislative in character, and Mr. Heldenfels asked if there were any current cases to cite. Assistant City Attorney Gallaway said that typically when cases are that old, the state of the law is considered to be status quo. Mr. Heldenfels requested more information regarding any change in the application of the law since the time of those cases. Minutes Regular Council Meeting November 19, 1996 Page 12 ************* Mayor Rhodes opened discussion on Item 5, contract for the central copy system. She made a motion to substitute the words "Xerox Corporation" for "Xerographic Resources, Corpus Christi." Council Member Best seconded the motion, and it passed unanimously. Mr. Hennings explained that the City Hall copy machines were leased five years ago, and the leases are expiring in November and December. He said the proposal was to replace the existing equipment with more modern equipment at no increase in cost. One attribute of the new equipment is that the new machine in the Print Shop will be electronic and will allow for loading of information for the City Council agenda throughout the week, which will assist the City Secretary's Office and the City Manager's Office. Council Member Heldenfels asked if the new equipment would allow for the Council to receive the agendas before Friday in order to allow time to assimilate all the information. Mr. Hennings said he could sort out the more complex agenda items and send those to the Council a little sooner. Council Member Black agreed that it would be helpful to have more time to review the information and ask questions of staff if necessary. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M96-351 Motion approving a five-year agreement for a Central Copy System from Xerox Corporation. The agreement consists of the five-year lease/purchase of nine mid -volume copiers and one high-volume copier, lease of one high-speed printer/copier, one color copier, and one production publisher; the rental of two low-volume copiers; and maintenance and supplies for the equipment. Basis for award is the cooperative purchasing program through the State Purchasing and General Services Department. The estimated annual expenditure is $240,000. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, consultant contract with Mr. Robert Bruner. Mr. Hennings explained that an adequate landfill is a vital part of the base for a growing economy just as is water supply. He said the Council had taken the steps for implementing the Minutes Regular Council Meeting November 19, 1996 Page 13 permitting and design of the new landfill, which needs to be carefully supervised and managed. He noted that he and Mr. Utter would not be able to devote much time to such activities due to other important issues; consequently, he was requesting that the Council approve the contract with Mr. Bruner. Noting that Mr. Hennings had had an opportunity to evaluate staffing and budget issues in his position as the new City Manager, Council Member Martin asked if Mr. Hennings felt this contract with Mr. Bruner was necessary in order to expedite the permitting of the new landfill; Mr. Hennings said he felt it was necessary. Council Member Black said she had initially opposed this proposal, but she had decided to support it because she trusts Mr. Hennings' opinion and she recognized that there are many important issues facing the city at this time. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M96-352 Motion authorizing the City Manager, on or after January 5, 1997, to execute a professional services contract with Robert T. Bruner to provide professional services in connection with the permitting of the new landfill, including coordination of engineering and legal services, coordination with city staff, liaison with state regulatory and other governmental agencies, liaison with other affected parties, providing expert testimony, and acting as city representative in proceedings, with other provisions as negotiated with Mr. Bruner, at the rate of $75 per hour, not to exceed $110,000, through June 1, 1998, plus reasonable expenses. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, and Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 1096-1 - Jacques Valley: A change of zoning from an "A-1" Apartment House District and a `B-1" Neighborhood Business District to a "T -1B" Mobile Home Park District on Flour Bluff Gardens Unit 2, Block 1, Lots lA and 1B, located on the northeast corner of Don Patricio and Waldron Roads. Mayor Rhodes said the Planning Commission and staff recommended approval. Minutes Regular Council Meeting November 19, 1996 Page 14 City Secretary Chapa pointed out that the 20% rule would have been in effect, but Mr. Faris Kirkland, President of Southern Pointe Apartments Inc., indicated before the Council meeting that he had withdrawn his opposition to the case; therefore, the 20% rule was no longer in effect. Responding to Council Member Martin, Assistant City Manager Utter explained that staff had informed the Council that staff had originally miscalculated the amount of opposition to this case when it was heard by the Council last week. Mr. Valley acknowledged that the mobile home park had had some problems when he reacquired it one year ago, and since then he has been working to improve it. He said the reason he was requesting the rezoning was to expand the park. He said he will connect the units to the wastewater system, improve the streets in the park, and fence the whole park, instead of just the newly rezoned portion as required. Council Member Black pointed out that the neighbors are not objecting to the rezoning; therefore, neither will she. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO 022756 Amending the Zoning Ordinance upon application by Jacques Valley, by changing the Zoning Map in reference to Flour Bluff Gardens Unit 2, Block 1, Lots lA and 1B, from "A- 1" Apartment House District and "B-1" Neighborhood Business District to "T -1B" Mobile Home Park District; providing for publication. 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 discussion on Item 8, a public hearing to consider the service plan and the annexation of a 6.481 acre tract of land platted as Wood River Subdivision Unit 14A and being part of the Wood River development area. Mr. Brandol Harvey, Director of Planning and Development, explained that this was part of a series of annexations that have been undertaken in the Wood River area. He noted that this Minutes Regular Council Meeting November 19, 1996 Page 15 annexation is voluntary, having been brought forth by the property owner. Mr. Harvey said following this public hearing, the Council would consider the annexation ordinance on first reading on December 10, 1996, with the second reading on December 17th, the same date that the public hearing for the zoning of the property will be held. The service plan includes a recommendation that the property be zoned "R -1B," which is consistent with the adjacent area. He said staff has identified no additional service costs associated with the annexation, and revenue will be minimal until the lots have been developed with houses. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 22, and Council Members requested that Items 10, 13, 16, and 17 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 9. ORDINANCE NO. 022757 Ordinance appropriating $82,222.73 from unclaimed seized funds and accumulated interest in the Law Enforcement Pending Account; amending Ordinance No. 022643, which adopted the FY96-97 Budget by adding $82,222.73 to the No. 111 Law Enforcement Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 11. M96-354 Motion approving a supply agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery service consisting of the delivery of approximately 95,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI -0026-97 based on the only bid for an estimated annual expenditure of $111,480. The term of the agreement will be for twelvemonths with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY96-97. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, Minutes Regular Council Meeting November 19, 1996 Page 16 J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 12. M96-355 Motion approving the purchase of 25 Eagle traffic signal controllers and 20 Eagle modules for the controllers from Texas Signal Equipment, Round Rock, TX, in accordance with Bid Invitation No. BI -0033-97 based on sole source for a total of $57,900. Funds are budgeted in FY 96-97 by Street Services. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 14. M96-357 Motion adopting the timetable for the FY97 Annual Action Plan (AAP) that is the application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 15.a. ORDINANCE NO. 022758 Ordinance appropriating a matching grant of $1,651 from the Texas Commission on the Arts in the No. 102 General Fund - Arts Commission Budget Activity to support the City's Art Subgrant Program. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 15.b. M96-358 Motion approving the allocation of $107,151 to a total of 22 arts organizations and allocating and transferring $18,000 from the Tourist and Convention Development Fund to the Permanent Art Trust Fund, for a total of $125,151 for FY 96-97. Funding is authorized in the FY 96-97 budget and a grant from the Texas Commission on the Arts. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. Minutes Regular Council Meeting November 19, 1996 Page 17 18. ORDINANCE NO. 022761 Amending Ordinance 3658, as amended, Subsections 251 through 257, revising classification schedules. Amending Ordinance 8127, Section 501, to provide for an approximate 3% general increase and range adjustment, rounded as appropriate, for salary schedules A and B and Grade 8, effective November 25, 1996. Amending Ordinance 8127, Section 510, to provide for an approximate 3% general increase and range adjustment to managerial classifications in the Managerial Group Pay Plan, including council -appointed positions, rounded as appropriate, effective November 25, 1996. Amending Ordinance 3658, Section 151.2, to correspond with definition of probationary period in Civil Service Board Rules and Regulations. Amending Ordinance 8127, Section 700, Subsection 707.1, to clarify that term life insurance for Police and Fire managerial personnel is covered in collective bargaining agreements; providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 19. ORDINANCE NO. 022762 Amending the Code of Ordinances, Chapter 35, Oil and Gas Wells, to correct the committee name, to limit application of the chapter to oil and gas wells outside the City that impact residents; and to recognize that enforcement of Article VII is not in the Oil and Gas Well Division but in the City Manager; providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 20. ORDINANCE NO. 022763 Amending the Code of Ordinances Chapter 53 - TRAFFIC, Article VIII - Schedules, Section 53-254, Schedule V - Increase in State Speed Limit in Certain Zones, on Cimmaron Boulevard. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. Minutes Regular Council Meeting November 19, 1996 Page 18 21. ORDINANCE NO. 022764 Amending the Code of Ordinances Chapter 53-252, Schedule III - Parking Prohibited at All Times on Certain Streets, by prohibiting curbside parking on the following sections of Waldron Road at all times. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 22. ORDINANCE NO. 022765 Closing and abandoning all that portion of a dedicated but not improved 40 -foot wide Road Right -of -Way, whose centerline is contiguous with the common boundary lines of Lots 25 and 26, Section 6, and Lots 3 and 4, Section 7 Flour Bluff and Encinal Farm and Garden Tracts and that is situated in Lot 1, Block 1, King's Crossing West, Unit 1 and closing and abandoning all that portion of a dedicated but not improved 40 -foot wide Road Right -of - Way, whose centerline is contiguous with the common boundary lines of Lots 27 through 30, Section 6, and Lots 1 and 2, Section 7 Flour Bluff and Encinal Farm and Garden Tracts and that is situated in the approximately 104.9 acres of Oso Creek Parklands acquired by the City from the Resolution Trust Company in 1992. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, purchase of motor vehicles. Council Member McNichols said this item involved $612,109.45 in capital outlay for the purchase of vehicles. He asked about the city's policy on replacement of vehicles. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that the Fleet Maintenance staff conducts an extensive evaluation every year of the city's fleet, taking into consideration the age of the vehicle, mileage, cost of repairs, its utilization and other factors. The vehicles are prioritized and the highest priority vehicles are replaced depending on the amount of funds available. Mr. Hennings said probably the only vehicles that are replaced on a schedule are those from the Police and Fire departments. 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 November 19, 1996 Page 19 10. M96-353 Motion approving the purchase of thirty six motor vehicles including sedans, pick-ups and vans in accordance with Bid Invitation No. BI -0028-97. Awards are made to the following dealers based on low bid, low bid meeting specifications, and only bid. Thirty units are budgeted in the 1996-97 Capital Outlay; five units are budgeted by Health Department as Lease/Purchase; and one unit is funded through the Law Enforcement Trust Fund. Padre Ford Corpus Christi 29 Units $478,467.00 Crosstown Ford Corpus Christi 7 Units $133,642.45 Grand Total of Awards: S612,109.45 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 13, purchase of stack chairs. Council Member McNichols asked if the purchase of the chairs could be postponed another year since the pricing had increased 12% since the last purchase of chairs in December 1995. Mr. Hal Peterson, Director of Convention Facilities, said they try to replace some chairs every year, and there are still some chairs that were purchased at the time the Convention Center opened. He added that the company from which the city had previously purchased chairs did not bid on the item this year. Mr. Hennings said the bid tabulation indicated that three competitive bids were received. Responding to Council Member Betty Jean Longoria, Mr. Peterson said that some of the chairs that are being replaced have been taken out of service because of their age and wear. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. M96-356 Motion approving the purchase of 400 stack chairs from Yochem's Business Interiors Inc. Corpus Christi, Texas in accordance with Bid Invitation No. BI -0019-97 based on low bid for a total expenditure of $22,008. Funds have been budgeted by the Convention Center in Minutes Regular Council Meeting November 19, 1996 Page 20 FY 96-97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No"; Cooper absent. ************* Mayor Rhodes opened discussion on Item 16, FY 1996 Weed and Seed program. She recognized Mr. Mark Dowd, Assistant U.S. Attorney with the Department of Justice. On behalf of U.S. Attorney Gaynelle Griffin Jones, Mr. Dowd thanked many people involved in the Weed and Seed program. He noted that part of the $90,000 grant will be used to operate a Safe Haven which is a requirement of all Weed and Seed sites, as well as the establishment of the community policing storefront facility in Corpus Christi. He said this is a one-year program which is eligible for renewal. Mayor Rhodes read a portion of a letter from Ms. Jones commending Corpus Christi's program and people who staff it, including Mr. George Hodge. Council Member Betty Jean Longoria asked if a Weed and Seed program could be developed on the west side of Corpus Christi. Mr. Dowd replied that the original plan in 1992 was to develop the program in its current location on the north side, with the intention of eventually expanding into other areas, such as South Bluff, Hillcrest and others. Mrs. Longoria asked if there would be additional funds for which to apply, and Mr. Dowd said there would be. Mr. Dowd added that there was also the possibility of using drug seizure funds, which he briefly described. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo said the Weed and Seed program has had an enormously positive effect on the north side, adding that he hoped the whole city could be assisted by this program. Mayor Rhodes explained that the north side was chosen as the first Weed and Seed site for many reasons, including the fact that it was clearly geographically defined, had high crime statistics, and the residents were open to the program. City Secretary Chapa polled the Council for their votes as follows: 16.a. M96-359 Motion authorizing the City Manager or his designee to execute all documents necessary to accept a $90,000 Weed and Seed Grant awarded by the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) to support activities of the Weed and Seed Program. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Minutes Regular Council Meeting November 19, 1996 Page 21 Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 16.b. ORDINANCE NO. 022759 Ordinance appropriating a Weed and Seed Grant in the amount of $90,000 from the U.S. Department of Justice to support activities of the local Weed and Seed Program by the Department of Housing and Community Development (HCD) in the Federal/State Grant Fund No. 162. An emergency was declared and the foregoing ordinance 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 17, acceptance of grant funding from the Texas Historical Commission. Responding to Council Member McNichols, Mr. Harvey explained that city staff provides assistance and staff time to the Landmark Commission, which is being shown as a match for the grant. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17.a. M96-360 Motion authorizing the City Manager or his designee to accept a federal Grant in the amount of $4,250 from the Texas Historical Commission for completion of Phase II -C of the Corpus Christi Preservation Site Survey and for travel to a historical conference as required by Texas Historical Commission. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, and Martin voting "Aye"; Heldenfels and McNichols voting "No"; Cooper absent. 17.b. ORDINANCE NO. 022760 Ordinance authorizing the appropriation of $4,250 received from Texas Historical Commission in the No. 162 Federal/State Grants Fund for completion of Phase II -C of the Corpus Christi Preservation Site Survey and for travel to a historical conference as required by the Texas Historical Commission. Minutes Regular Council Meeting November 19, 1996 Page 22 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, and Martin voting "Aye"; Heldenfels and McNichols voting "No"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes announced two closed sessions: a.) pursuant to Texas Government Code Section 551.071 regarding Stephen A. Hines, Independent Executor of the Estate of Charlotte M. Hines, Deceased, Stephen A. Hines, Individually, and James C. Hines, M.D. v. City of Corpus Christi, Cause No. 93-2692-C, 94th District Court, Nueces County, Texas; and b.) pursuant to Texas Government Code Section 551.071 regarding contemplated litigation regarding the claim filed by William P. Hernandez, Individually as husband and Administrator of the Estate of Catherine Hernandez, Deceased, and Rosario Rojas, Individually, and as Next Friend of Her Minor Daughter, Rose Marie Salinas v. City of Corpus Christi filed with and received by the City of Corpus Christi on October 22, 1996 for an accident which occurred on October 11, 1996. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings said that items to be considered during next week's Council meeting included: the Garwood option; the Transportation Improvement Program; and proposed amendments to the factory outlet center contract. Mayor Rhodes called for Council concerns and reports. Council Member McNichols asked if the Community Progress Partnership's recommendations would be discussed next week, and Mr. Hennings said that issue has been postponed until January 1997. Council Member Best suggested that the public be informed about the success of the thermal energy storage project that was installed at the Bayfront Arts and Science Park. Mr. Hennings said that project is saving more money than anticipated and was installed on schedule. Council Member Betty Jean Longoria thanked staff for their cooperation in hosting the Texas Municipal League convention in Corpus Christi last week. She commented on the small size of the Convention Center. Mayor Rhodes added that the delegates spoke favorably about the hospitality of the citizens and city staff. Minutes Regular Council Meeting November 19, 1996 Page 23 Mrs. Longoria also asked for more information about improvements to Leonard Drive, specifically about the monies that were being reprogrammed. Mr. Crull replied that traditionally such funds have been used for the voluntary paving portion of the street bond projects. Mrs. Longoria commented on the poor condition of Cornett Drive. A brief discussion ensued. Council Member John Longoria asked if there was a consensus of the Council that earnest money would be tied to the factory outlet center contract. Mr. Hennings said there was a consensus. Mr. Longoria also asked about a memo concerning improvements to Kostoryz Street, and Mr. R.H. Shackelford, Director of Engineering Services, agreed that there was a figure that was incorrect in the memo. Mr. Longoria commented on another staff memo concerning water charges in other Texas cities. Mr. Hennings said that task was more complex than anticipated and time was limited on the preparation of that information. Council Member Black said the recent insert in the Corpus Christi Caller -Times entitled "Environmental Challenge '96" was very informative. She said that some of the TML delegates had commented favorably on the revitalization of the downtown area. Council Member Heldenfels said that Mr. Buck Sosa, President of the local firefighters' union, had contacted him, and Mr. Heldenfels said he informed him that he could not speak to him about his concerns. Mr. Hennings said the union has asked to go into mediation on their contract. Council Member Cooper said she had also heard many positive comments from the TML delegates. She announced that the next meeting of the Mayor's Task Force on Youth Violence would be held on November 21, 1996 at 6 p.m. in the Council Chambers. * * * * * * * * * * * * * 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 6:25 p.m. on November 19, 1996. ************ *