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HomeMy WebLinkAboutMinutes City Council - 11/26/1996I 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 26, 1996, which were approved by the City Council on December 10, 1996. WITNESSETH MY HAND AND SEAL, this 10th day of December, 1996 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 26, 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. Edward B. Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member McNichols. 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 19, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The first presentation was made by Council Member Cooper, who distributed six $1,000 checks as grants from the Mayor's Task Force on Youth Violence. She explained that a screening committee of the task force reviewed the grant applications. The six organizations receiving the grants were: Coastal Bend Hockey Association; Above and Beyond; Southside Gulf Coast Girls Fast Pitch League; New Life; Tejano Academy of Fine Arts; and Cathedral of the Palms -G Boys and G Girls Project. The next presentation was made by the Harbor Lights Planning Committee concerning this year's festivities. Ms. Janice Cubellis and Ms. Judy Butler described the activities to take place on December 7th, including the children's parade and children's area, lighting ceremony, Santa's motorcade, illuminated boat parade, and fireworks display. Minutes Regular Council Meeting November 26, 1996 Page 2 The last presentation concerned the efforts of the Ozone Public Education Task Force, whose purpose is to communicate to the general public their responsibilities and accountability for maintaining Corpus Christi's attainment status for ozone. Ms. Gretchen Arnold, chairperson of the Task Force, introduced the "Smog Frog" and noted that Corpus Christi did not have any exceedences of its acceptable ozone level. Council Member McNichols commented on news reports of the Environmental Protection Agency's (EPA) attempt to strengthen the air quality standards. City Manager Hennings said the EPA's exact proposals had not yet been announced, and Dr. McNichols said that when they are known, the city should take steps to oppose more stringent standards. *Council Member Heldenfels arrived at the meeting at 2:25 p.m. A brief discussion ensued concerning problems associated with more stringent air quality standards. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, items related to the Selena Memorial Overlook. The Mayor made a motion to amend the proposal to replace the words "Devary Durrill Foundation" with "Justice Building Inc." Council Member John Longoria seconded the motion, and it passed unanimously. City Manager Hennings explained that the Council had approved the recommendations of the Selena Committee, which included construction of a new overlook at Shoreline Boulevard and the People's Street T -Head. The design of the project now includes a sculpture of Mrs. Selena Quintanilla-Perez, and Council approval is needed to make that change in the design, as well as to accept the sculpture as a donation to the city. Mayor Rhodes stated that the Quintanilla family has final approval of the sculpture, and Mr. Hennings concurred. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2.a. M96-361 Motion authorizing the City Manager, or designee, to execute a contract with Justice Building Inc. to construct the Selena Memorial Overlook at Peoples Street and Shoreline Boulevard, a copy of which is on file with the City Secretary. Minutes Regular Council Meeting November 26, 1996 Page 3 The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 2.b. M96-362 Motion authorizing the City Manager to accept the donation of the sculpture of Selena Quintanilla-Perez, to be placed in the Selena Memorial Overlook. 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 thanked Mr. Dusty Durrill, pointing out that it was his generosity that made this project possible. ************ * Mayor Rhodes opened discussion on Item 3, exercise of the Garwood option. Mr. James Dodson, Regional Water Director, reviewed the history of the proposal involving the Garwood Irrigation Company. He explained that in 1990, a regional water supply planning study was completed, and it indicated that the firm yield of the Choke Canyon -Lake Corpus Christi reservoir system was less than originally estimated; consequently, additional water supplies would be needed much sooner than projected. A study of possible additional water sources was undertaken and completed in 1991 by the City of Corpus Christi, the Lavaca-Navidad River Authority (LNRA), and the Alamo Conservation and Reuse District. In order to preserve the city's access to the water supplies recommended in the 1991 report, the city entered into option contracts with both LNRA and the Garwood Irrigation Company. The Trans -Texas Water Study also included those two water supplies as possible sources to make up the 100,000 acre-feet per year shortfall that was estimated to be needed by the year 2050. In February 1994, the City Council and Garwood extended the option agreement until December 31, 1996. He said today's proposal was a recommendation that the Council authorize the City Manager to issue notice to the Garwood Irrigation Company to file the application with the Texas Natural Resource Conservation Commission (TNRCC) to amend the Garwood right, allowing the transfer of the 35,000 acre-feet per year of water for use in the Corpus Christi service area. Under this conditional exercise of the option, the purchase would be finalized only after TNRCC has acted to grant an acceptable permit for that interbasin transfer. In the meantime, the city would continue to make option payments of $25,000 per month, which would be credited toward the purchase price. Minutes Regular Council Meeting November 26, 1996 Page 4 Council Member Martin asked if the purchase price becomes "frozen" once the city exercises the conditional option, and Mr. Dodson said it did, at $15,750,000. Responding to another question from Mr. Martin, Mr. Dodson said that under the conditional exercise, Garwood pays for the permitting costs, which will be reimbursed by the city. Mr. Martin also asked if the water pipeline would be an adequate size to accommodate the Garwood water, and Mr. Dodson said it would accommodate all of the water from both Lake Texana and the Colorado River (Garwood). In reply to Council Member John Longoria, Mr. Dodson explained that the Garwood Irrigation Company owns 168,000 acre-feet per year of water rights, and of that the City of Corpus Christi would be purchasing up to 35,000 acre-feet per year. Mr. Dodson added that this project has been included in the city's capital improvement program, and the city is anticipating issuing revenue bonds. Responding to another question from Mr. Longoria, Mr. Hennings stated that the owner of the Garwood Irrigation Company has agreed to accept a letter of assurance from the City of Corpus Christi, which means that the city does not have to appropriate funds at this point. Council Member McNichols said he has been asked several times why the city did not exercise the Garwood option prior to this time. Mr. Dodson said one of the main reasons was the city wanted to ensure that the interbasin transfer of Lake Texana water was approved before it proceeded with the permitting of the Garwood water. Dr. McNichols commented that the Coastal Bend has been very far-sighted in planning for its future water needs, despite criticism from many. Mr. Dodson pointed out that Lake Texana and Garwood were carefully selected as water sources during the study process because of their unique nature --that is, they do not have an impact on their respective basins of origin even if the water is transferred to another area. Dr. McNichols went on to say that the Texas Water Development Board is charged with coordinating the statewide future water resources, and they have been very involved in this situation. Mr. Dodson agreed, noting that the Trans -Texas program constituted a consensus of the Texas Water Development Board, the TNRCC, Texas Parks and Wildlife Department, several other state agencies, and river authorities and local interests throughout several regions. In response to Council Member Best, Mr. Dodson explained that the Garwood facility itself is a low -head dam to create a very small pool from which water is pumped, and there are a series of canals to convey water to their irrigation area. Corpus Christi does not have the right to use those facilities, but would move downstream from that location to create its own new diversion site. Dr. Best also questioned the city's liability with regard to a facility at Garwood. Mr. Tim Brown, an attorney with Brown & Potts, replied that the state owns the water and Corpus Christi would own the right to use the water, and the city would be responsible for maintaining the diversion facility. Minutes Regular Council Meeting November 26, 1996 Page 5 In reply to Council Member Heldenfels, Mr. Brown said the water rights being sold at Garwood are known as "run of the river" with a 1900 priority date, meaning that there is no storage facility or dam associated with it. Mr. Hennings reiterated that Garwood and Lake Texana are the most affordable water supplies for this area at this time. He used the example of a single-family residential customer using 6,000 gallons of water per month. Their current water bill is $12.46; after the Lake Texana and Garwood water is flowing in the pipeline, the bill would increase to $15.48. However, if desalination had been chosen instead of Lake Texana and Garwood to provide the additional 76,000 acre-feet of water needed, that customer's bill would increase to $29.26. He also showed an example of how costs would change for a large refinery. Mr. Hennings said the industries have been indicating that the increased cost for the Lake Texana and Garwood water will not place them in an uncompetitive position and they support the city's efforts to acquire that water. He went on to say that if the Council approves the proposals today, staff would meet with Garwood Irrigation Company staff to outline the approach for the permitting process. Mr. Martin said that while the comparisons between the cost of Lake Texana/Garwood water and desalinated water were helpful, it was important to remember that the exact cost of the water was yet to be determined; Mr. Hennings concurred. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he disagreed with the Garwood proposal, and said he thought the figures used for desalinated water costs were false. He said the Garwood option was another major expenditure that did not receive voter approval. He said he also thought the Council was considering using the Choke Canyon debt service to back the revenue bonds. In reply to Mr. O'Brien, Mr. Hennings said staff is not recommending there be any use of the Choke Canyon reserve fund in conjunction with this project. He said this proposal simply exercises the city's option to purchase the Garwood water rights on a conditional basis. At some point in the future when the permit is issued by the state agency to move the water to Corpus Christi, staff will be recommending that the city have a revenue bond issue to actually fund the purchase price. He said that a discussion is planned for the December 17th Council meeting about the Choke Canyon reserve fund, and possible alternatives, but he reiterated that it did not concern this item. Mayor Rhodes pointed out that the Council is elected to ensure that the health and welfare of this community is protected, and one major element of that is maintaining a dependable source of water. Minutes Regular Council Meeting November 26, 1996 Page 6 City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 022766 Resolution directing the City Manager of the City of Corpus Christi to give Notice to Submit Application to the Garwood Irrigation Company pursuant to Section 6 of the "Exercise of Option and Amendment to Agreement Between the City of Corpus Christi and Garwood Irrigation Company" dated February 22, 1994; and providing for reimbursement of capital expenditures from bond proceeds in accordance with federal law. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 3.b. M96-363 Motion authorizing the City Manager to employ the law firm of Brown & Potts to represent the City of Corpus Christi in all matters related to advancing and defending the application filed by the Garwood Irrigation Company pursuant to Section 11 of the "Exercise of Option and Amendment to Agreement Between the City of Corpus Christi and Garwood Irrigation Company" dated February 22, 1994, including proceedings in the Texas Natural Resource Conservation Commission and other agencies of the State of Texas, through the stage at which protestants to the application have filed responses, at an hourly rate of $140, plus reasonable expenses, not to exceed $25,000. 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 commended Mr. Brown and his law firm for their work thus far; Mr. Brown replied that they are honored to serve. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Del Mar area street improvements. City Manager Hennings said these items are the two remaining projects in the 1986 bond program. This step implements the projects by approving the plans, ordering the improvements, etc., which will lead to awarding the construction contract on January 14, 1997. Mayor Rhodes called for comments from the audience. Mrs. Dorothy Spann, 502 Del Mar, thanked Council Members Black and Martin for their Minutes Regular Council Meeting November 26, 1996 Page 7 support as well as city staff. She said the neighbors are concemed that the improvements be initiated and concluded as a complete project. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 022767 Resolution specifying rules to apply when the City intends to assess abutting property or affected railways to secure payment for highway or related improvements, including rules concerning assessment hearing notice and the assessment hearing itself; and authorizing the Director of Engineering Services to prepare assessment certificates. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 4.b. RESOLUTION NO. 022768 Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas for the Del Mar Area Street Improvements, Phase I: Santa Fe Street - Ayers Street to Del Mar Boulevard Santa Fe Street - Del Mar Boulevard to Louisiana Avenue 3rd Street - Ayers Street to Louisiana Avenue 2nd Street - Ayers Street to Del Mar Boulevard Del Mar Boulevard - Santa Fe Street to Ocean Drive Naples Street - Santa Fe Street to Ocean Drive Atlantic Street -Santa Fe Street to Ocean Drive Louisiana Avenue - Santa Fe Street to Ocean Drive; specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 4.c. RESOLUTION NO. 022769 Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Del Mar Area Street Improvements, Phase I: Minutes Regular Council Meeting November 26, 1996 Page 8 Santa Fe Street - Ayers Street to Del Mar Boulevard Santa Fe Street - Del Mar Boulevard to Louisiana Avenue 3rd Street - Ayers Street to Louisiana Avenue 2nd Street - Ayers Street to Del Mar Boulevard Del Mar Boulevard - Santa Fe Street to Ocean Drive Naples Street - Santa Fe Street to Ocean Drive Atlantic Street -Santa Fe Street to Ocean Drive Louisiana Avenue - Santa Fe Street to Ocean Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the January 14, 1997 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 4.d. RESOLUTION NO. 022770 Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas for the Del Mar Area Street Improvements, Phase III: Del Mar Boulevard -South Staples Street to South Alameda Street Naples Street - 15th Street to South Alameda Street Atlantic Street - 15th Street to South Alameda Street Southern Street - 15th Street to South Alameda Street Louisiana Avenue - Brownlee Boulevard to South Alameda Street Brownlee Boulevard - South Staples Street to Louisiana Avenue Cole Street - Brownlee Boulevard to South Staples Street 15th Street - South Staples Street to Louisiana Avenue 16th Street - South Staples Street to Louisiana Avenue Southern, Atlantic, and Naples Streets between 15th Street and 16th Street Cole Street - Brownlee Boulevard to South Alameda Street Louisiana Avenue - Brownlee Boulevard to Swantner Drive; specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Minutes Regular Council Meeting November 26, 1996 Page 9 Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. 4.e. RESOLUTION NO. 022771 Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Del Mar Area Street Improvements, Phase III: Del Mar Boulevard -South Staples Street to South Alameda Street Naples Street - 15th Street to South Alameda Street Atlantic Street - 15th Street to South Alameda Street Southern Street - 15th Street to South Alameda Street Louisiana Avenue - Brownlee Boulevard to South Alameda Street Brownlee Boulevard - South Staples Street to Louisiana Avenue Cole Street - Brownlee Boulevard to South Staples Street 15th Street - South Staples Street to Louisiana Avenue 16th Street - South Staples Street to Louisiana Avenue Southern, Atlantic, and Naples Streets between 15th Street and 16th Street Cole Street - Brownlee Boulevard to South Alameda Street Louisiana Avenue - Brownlee Boulevard to Swantner Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the January 14, 1997 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, Transportation Improvement Program (TIP). Mr. R.H. Shackelford, Director of Engineering Services and Chairman of the Technical Committee of the Metropolitan Planning Organization (MPO), gave a presentation on this issue. He explained that the MPO, which is responsible for coordinating the transportation planning within this metropolitan area, is composed of representatives from the following entities: City of Portland, City of Corpus Christi, Nueces County, San Patricio County, Regional Transportation Authority, Port of Corpus Christi Authority, and the Texas Department of Transportation's (TXDOT) District Office. In order to aid the MPO in its efforts, up to $3.6 million per year is provided through the federal Highway Administration, of which 80% consists of federal funds and 20% has to be provided by the Minutes Regular Council Meeting November 26, 1996 Page 10 entity benefitting from the particular project. Mr. Shackelford explained that the city is currently utilizing the approved Transportation Improvement Program (TIP) for FY 1996-98; one element of that TIP is the Kostoryz Road improvements project. He said that during a previous discussion of that project, the Council had asked city staff to reexamine the Kostoryz Road project to determine if the estimated costs and limits were correct. He said staff concluded that the project limits should be revised, i.e., the project should not be extended one-quarter mile south of Saratoga Boulevard, but should terminate at Saratoga. Mr. Shackelford said that staff believes the Kostoryz Road improvements are very necessary to help relieve congestion in that area, and as soon as the agreements with TXDOT are approved, they will proceed with the engineering and environmental assessment, as well as the right-of-way acquisition. In addition, due to increased costs, the project budget for streets and drainage will need to be increased by $285,000 in the FY 1999 capital improvement plan regarding this project. The second project in the current TIP which staff reviewed consists of widening McArdle Road to three lanes from Everhart to Weber. He said the current cost estimates appear to be adequate, provided that there are no additional drainage requirements from TXDOT. Mr. Shackelford stated that the Corpus Christi MPO was informed that it may receive an additional $2.5 million in FY 1997 funds if the recommended projects met certain criteria, including that the projects could be completed prior to August 1. He said the project that met the criteria was for traffic signals installation/coordination, and staff was recommending that the Council endorse an amendment to the current TIP to include that project. The second action to be considered by the Council (Item 5.b.) was a motion endorsing the proposed FY 1998-2000 TIP and associated projects. He said that one of the proposed projects for the FY 1998 element would be a street overlay project on Ocean Drive (Furman to Airline), and for FY 1999 the overlay of Shoreline Boulevard (Furman to Peoples), which would complement the hike and bike trail and tie in with the Gateway Project. Another project proposed for FY 1998 is the improvement of Cornett Drive, next to Calallen Middle School; other FY 1999 projects include McArdle Road (Weber to Carroll Lane) and the construction of Kostoryz Road. Mr. Shackelford said that the FY 2000 TIP includes: engineering for four essential projects to relieve traffic congestion; and major Americans with Disabilities Act accessibility improvements. Responding to Council Member Martin, Mr. Shackelford said that staff had proposed the two overlay projects on Ocean Drive as possible recipients of the surplus metropolitan mobility funds, but it was concluded that they would not meet the time constraints. In reply to another question from Mr. Martin, Mr. Shackelford said the McArdle Road project included in FY 1996 is for the engineering phase only. Minutes Regular Council Meeting November 26, 1996 Page 11 Mr. Martin then asked about the source of funds for additional money on the Kostoryz project, and Mr. Shackelford said staff would propose to use the street reserves if they are available at that time. Mr. Martin expressed concern that the Kostoryz project not experience the same problems and cost increases that the Greenwood Drive project experienced. Mr. Shackelford replied that staff conducted an exhaustive review of the Kostoryz project and feel confident in their recommendation. Mr. Martin also asked about the FY 2000 projects, and Mr. Shackelford said the projects listed in the agenda material are planned but funding is not required until later. Mr. Martin specifically questioned the Yorktown and Cimmaron proposed projects. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, replied that the Yorktown project would provide a major access point to The Lakes subdivision, which would be necessary for the circulation system of that area. Regarding the proposed widening of Cimmaron from Saratoga to Yorktown, in the past the city's policy has been to not ask a developer to widen an already existing (but perhaps inadequate) street. Council Member McNichols asked about proposed traffic signal improvements on Waldron Road at the Flour Bluff school complex, and Mr. Shackelford said the amendment would move the project forward in the time table. Responding to another question from Dr. McNichols, Mr. Shackelford briefly explained the metropolitan mobility funds. In reply to Council Member Betty Jean Longoria, Mr. Shackelford said the five county bridge projects in the FY 1997 TIP are all located in Nueces County. Mrs. Longoria also asked about a traffic signal that is needed on FM 624. Mr. David Seiler, City Traffic Engineer, said that traffic signal may be funded through the state highway safety funds. Mr. Shackelford added that the proposed FY 1998-2000 City of Corpus Christi TIP would have to be integrated into a master list which the MPO Policy Committee will ultimately approve. He said that beginning in FY 1998, the amount of funding available to the MPO will probably be increased from about $3.4 million to $4.6 million per year. Council Member Black said she was pleased to see that much-needed improvements to McArdle were included in the TIP because it is a heavily traveled street. Mrs. Black also asked about improvements to streets in the downtown area, and Mr. Shackelford said no funds were identified for projects there other than the normal operating funds of the Street Department. Responding to Council Member Heldenfels, Mr. Crull said that if a piece of property is being platted and it is adjacent to a right-of-way that does not have pavement in it, then the city asks the abutting developer to pay and construct half of that street. If, within that right-of-way there is an existing roadway (county road section, etc.), the city only asks for an additional right-of-way dedication to meet the urban transportation plan. However, through the voluntary paving program, the city does assess a portion of the cost for reconstruction of streets to the abutting property owners. Minutes Regular Council Meeting November 26, 1996 Page 12 A brief discussion ensued. Dr. McNichols stated that there are many streets throughout Corpus Christi which need repairs, and a few years ago members of the Administrative Analysis Committee examined the possibility of implementing a street user fee, and he questioned whether that issue should be revisited. Dr. McNichols also commented on the county road and bridge fee, and Mr. Hennings pointed out that 85% of Nueces County's revenue for that fee is generated by residents of Corpus Christi, and the County Commissioners choose not to spend those funds on streets in the city limits. He agreed that a number of street improvement issues need to be addressed, and a strategy for the future should be developed. Mayor Rhodes suggested that she and the members of the Administrative Analysis Committee meet with some members of the Nueces County Commissioners Court to discuss the issue of the road and bridge fee. Mrs. Longoria pointed out that the first two phases of improvements to Leopard Street were included in FY 1997, and she emphasized the importance of programming the third phase into the TIP at some point. Mr. Shackelford said a technically based rating system is being developed to help prioritize the projects. Mr. Martin suggested that the county road and bridge fees could be used to improve county bridges, and MPO funds which had been allocated for county bridge projects could be freed up for use on Corpus Christi projects. In addition, he suggested that before the city annexes property, staff should approach county officials about spending the county road funds to improve those streets in the area to be annexed at a later date. Dr. Best asked that the members of the Administrative Analysis Committee report back to the Council concerning their meeting with the county commissioners. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.a. M96-364 Motion endorsing recommended changes to the Kostoryz Road project and an amendment to the FY 1997 Annual Element of the FY 1996-1998 Transportation Improvement Program; providing for traffic signal improvements at various locations. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting November 26, 1996 Page 13 5.b. M96-365 Motion endorsing the proposed FY 1998-2000 Transportation Improvement Program and associated projects. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * ** * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, landfill gas extraction contract. Mr. Tom Utter, Assistant City Manager for Development Services, explained that in May staff had presented the first phase of the landfill gas extraction program. At that time, the Council asked if there were any beneficial uses for the landfill gas, and staff proceeded, with the assistance of the Environmental Protection Agency (EPA), to send out proposals. The proposed contract would provide that Resource Technologies Corporation would evaluate the gas potential at the city's landfill. If they conclude that it is a viable project, they would submit plans to install a full methane recovery system at the landfill. At that time, they would also provide a irrevocable letter of credit in the amount of $1.3 million, which is the estimated cost of this project. Of the energy that would be generated from the gas extraction, Resource Technologies would provide the city 15% royalty. Mr. Utter added that Central Power and Light has been involved in this project, and he commended the efforts of city staff, including Mr. Joe West of Solid Waste Services, and Ms. Alison Gallaway of the Legal Department. Responding to Council Member Best, Mr. Utter said that while an estimate is difficult to make, it is thought that gas extraction could continue for 15 to 30 years. He added that this contract would include both the Elliott Landfill and the closed westside landfill, although staff does not believe the westside landfill will be a viable portion of the project. Council Member Martin said this was a great opportunity and staff deserved credit for the proposal. He then asked if the city was required to perform gas extraction at the westside landfill. Mr. Utter replied that it was not required because the westside landfill was closed prior to the adoption of the Subtitle D regulations. Responding to another question from Mr. Martin, Mr. Utter explained that Resource Technologies can "syndicate" the tax credits and sell them. Mr. Martin then asked if this met the definition of co -generation. Mr. Utter said it does meet the definition, and CPL Minutes Regular Council Meeting November 26, 1996 Page 14 would have to take alternative generation at their avoidance cost, which might be very low. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M96-366 Motion authorizing City Manager or his designee to execute a contract with Resource Technologies Corporation (RTC) for the construction of a landfill gas extraction, gathering and conversion facility in consideration of the City's exclusive grant of landfill gas at the premises to RTC and payment to the City of a percentage of gross sales of energy. The term of the agreement is 10 years from the effective date with an option to extend for up to three consecutive 5 -year periods subject to the City Manager's approval. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 16, and Council Members requested that Item 15 be withheld for discussion. Council Member Heldenfels stated that he would not be discussing or voting on Item 11. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M96-367 Motion approving the purchase of five automatic external defibrillators from Physio -Control Corp., Redmond, WA, in accordance with Bid Invitation No. BI -0043-97 based on the only bid of $31,003.75 FOB destination, freight added. The defibrillators are budgeted in the 1996-97 Capital Outlay by the Fire Department/EMS as replacements. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8.a. M96-368 Motion authorizing the City Manager or designee to execute a contract with Creative Presentations, Inc. for the lease of the exhibit Backyard Monsters at a monthly rate equal to 50 percent of the total exhibit attendance revenue with a guaranteed minimum of $40,000. Minutes Regular Council Meeting November 26, 1996 Page 15 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 8.b. M96-369 Motion authorizing the City Manager or his designee to convey all revenue from the extra $2.00 admission fee to the Backyard Monsters Exhibit to the Friends of the Corpus Christi Museum of Science and History ("Friends") in consideration for the "Friends" paying all expenses related to the Backyard Monsters Exhibit. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 9. M96-370 Motion authorizing the City Manager or his designee to execute an agreement with LULAC Village Park Apartments to provide $50,000 from the FY 96 CDBG Program to construct a recreational/playground area at 1417 Horne Road. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 10.a. M96-371 Motion authorizing the City Manager or his designee to accept a grant in the amount of $515,952 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the Local Law Enforcement Block Grants Program and to execute all related documents. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 10.b. ORDINANCE NO. 022772 Ordinance appropriating a grant of $515,952 from the U.S. Department of Justice, Bureau of Justice Assistance, in the No. 162 State and Federal Grant Fund to purchase a computer backbone for mobile data terminals and automated vehicle location system; authorizing the transfer of $57,328 from the No. 111 Trust Fund , and appropriating $57,328 in the No. 162 State and Federal Grant Fund as the grant match. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting November 26, 1996 Page 16 Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 11. RESOLUTION NO. 022773 Resolution authorizing the City Manager or his designee to take the necessary actions to establish an Impact Fee for the Master Plan Drainage Channel No. 31 Improvements; scheduling a public hearing to receive comment on the adoption of land use assumptions and impact fees; and appointing the Planning Commission as the Capital Improvement Advisory Committee. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. 12. RESOLUTION NO. 022774 Resolution endorsing two City Grant Applications and one from the Corpus Christi Beach Association to the Coastal Management Program for improvement projects consistent with the Corpus Christi Coastal Management Plan; and authorizing the City Manager or his designee to submit the City's two applications. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. ORDINANCE NO. 022775 Ordinance appropriating $43,148.26 from the Estate of Mildred Sessions in the No. 111 Museum Trust Fund; amending Ordinance No. 22643 which adopted the FY 96-97 Budget by adding $43,148.26 to the No. 111 Museum Trust Fund; and authorizing $43,148.26 to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum. 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." 14. ORDINANCE NO. 022776 Ordinance amending the 1986 Neighborhood Streets Voluntary Paving Program to delete certain Annaville Area No. 3 Neighborhood Streets, Phase 2 Project Improvements (Leonard Drive from Mayfield Drive to Starlite Lane); amending Ordinance Nos. 021365 and 021742, Minutes Regular Council Meeting November 26, 1996 Page 17 which appropriated funds for the Annaville Area No. 3 Neighborhood Streets Phase 2 Project, by allocating $600,000 to the Streets Capital Projects Fund Reserve Appropriation. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an amendment to the 3 -year lease with Corpus Christi Softball Association to provide softball programs at Jaycee Field (S. Staples and Kostoryz) and Kiwanis Field (Timon Boulevard) authorized by Ordinance No. 022251, dated June 13, 1995, by changing the field locations from Jaycee and Kiwanis to the Yellow and Green Fields at the Greenwood Softball Complex to allow the City to lease Jaycee Field to CCISD for Girl's Fast Pitch Softball programs The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.b. ORDINANCE NO. 022778 Ordinance authorizing the City Manager or his designee to execute a one year lease with Corpus Christi Independent School District (CCISD) to provide Girl's Fast Pitch Softball at Jaycee Field (S. Staples and Kostoryz) in consideration of CCISD maintaining and improving Jaycee Field. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16.c. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a ten year lease with a ten year option to renew with Corpus Christi Independent School District (CCISD) to provide girl's fast pitch softball at Jaycee Field (S. Staples and Kostoryz) in consideration of CCISD maintaining and improving Jaycee Field; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting November 26, 1996 Page 18 Mayor Rhodes opened discussion on Item 15, Corpus Christi MPO Unified Planning Work Program. Council Member Martin commented that the MPO was recently involved in an origin destination survey, which he said was very poorly prepared. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 022777 Ordinance appropriating a $1,009,300 grant from the Texas Department of Transportation (TXDOT) for transportation planning and related activities including travel survey activities to be undertaken by the Metropolitan Planning Organization; adding $1,009,300 to the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes announced two closed sessions: Item 17.) pursuant to Texas Government Code Section 551.071 regarding contract negotiations with Corpus Christi Fire Fighters Association and related proceedings; and Item 18.) pursuant to Texas Government Code Section 551.071 regarding Charlie Lozano v. City of Corpus Christi, No. 92-0251-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 stated that staff from the Corpus Christi Intemational Airport and the Greater Corpus Christi Business Alliance were working with the airlines to improve their fares from Corpus Christi for flights to the west coast. He noted that there would not be a Council meeting on December 3, 1996. Items scheduled for the December 10th Council meeting include: five zoning cases; adoption of the city's financial plan; monthly report of the status of the Lake Texana pipeline project; and possibly amendments to the contract for the factory outlet center. Minutes Regular Council Meeting November 26, 1996 Page 19 In her report, Mayor Rhodes commented that there has been an ongoing problem with the condition of the restrooms at city facilities on Shoreline and at Kid's Place in Cole Park. She said she also wanted to schedule a closed session during the next Council meeting to discuss Municipal Court fine collection. The Mayor asked Mr. Hennings to commend Ms. Bonnie Allin, Director of Aviation, on the much -improved condition of the restrooms at the airport. Mayor Rhodes called for Council concerns and reports. Council Member John Longoria asked about a proposed participation agreement with a Corpus Christi Independent School District elementary school. Mr. Hennings said it was a routine development agreement whereby the school district will be constructing a new school. Mr. Longoria said he also hoped that a discussion of the crime initiative would not be postponed. Mr. Hennings said staff would abide by the schedule. 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 6:00 p.m. on November 26, 1996. * * * * * * * * * * * * *