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HomeMy WebLinkAboutMinutes City Council - 12/10/1996I 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 December 10, 1996, which were approved by the City Council on December 17, 1996. WITNESSETH MY HAND AND SEAL, this 17th day of December, 1996 SEAL Armando Chapa City Secretary 400-‘" MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 10, 1996 2 p.m. PRESENT Mayor Mary Rhodes Council Members: Betty Black Melody Cooper Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols ABSENT Mayor Pro Tem Tony Heldenfels Dr. Jack Best 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, 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 noted that a correction had been made to the minutes of the regular Council meeting of November 26, 1996. There being no other corrections, the Mayor proclaimed the minutes approved as amended. * * * * * * * * * * * * * The first presentation was made by Fire ChiefJ.J. Adame, who described three local projects that were recognized by the National Coordinating Council on Emergency Management: a brochure and oven mitt developed by the Local Emergency Planning Committee (LEPC), and a shelter -in- place kit developed by the Northbay Community Advisory Board (along with Koch Industries and CITGO Refining), which was accepted by Ms. Lena Coleman. The next presenation regarded the "National Night Out '96" Award. Capt. Bryan Smith, of the Police Department's Community Relations Division, explained that National Night Out, which fell on August 6th this year, is an opportunity for community members to turn on their porch lights, meet their neighbors, and show that they will stand together against crime in their neighborhoods. This year Corpus Christi finished 17th in its level of participation as compared to 9,000 other Minutes Regular Council Meeting December 10, 1996 Page 2 communities across the country. He thanked the Council for their support, and encouraged everyone to participate in the Neighbors on Watch program, which he said was the number one crime prevention program available to the citizens. Mr. Rick Stryker, Director of the Corpus Christi Museum of Science and History, then discussed a proposal to designate the museum as the Texas Marine Archeology Repository. He noted that the Corpus Christi Museum has been acting in that capacity for 10 years, and it is the only repository of its kind in the state. A highlight of the museum's role as the marine archeology repository has been the opening in 1990 of the 1554 Spanish shipwreck collection exhibit, which Mr. Stryker described. He said that to minimize the city's cost of operating the conservation laboratory, the city has an agreement with Ships of Discovery, a non-profit organization housed in the museum specializing in conservation and research on marine artifacts. The museum director also described the conservation efforts of the artifacts recovered from La Salle's ship Belle in Matagorda Bay, which is ongoing. He said that subsequent to the discovery of La Belle, Lt. Gov. Bob Bullock proposed the development of a Texas State History Museum in Austin, which he proposes would house the La Salle collection. Mr. Stryker explained why Mr. Bullock's suggestion is not necessarily mutually exclusive to his proposal that the Corpus Christi Museum become the repository for the La Salle collection. He also described some of the processes involved in re-treating and stabilizing different artifacts. Mayor Rhodes asked Mr. Stryker what would be required if the museum was named the repository for the La Salle collection. Mr. Stryker replied that he would request funds from the state to build an addition to the museum to house the collection; failing that, he said there currently is room in the museum to exhibit the La Salle artifacts. The Mayor noted that this discussion was merely a presentation, and City Manager Hennings said staff plans to come back to the Council with a formal proposal. Mayor Rhodes then asked about possible consequences to other museum collections here if the Texas State History Museum is built. Mr. Stryker responded that those collections belong to the state, and theoretically they could recall any ones they wish. However, he noted that the state will also be looking for cost-saving measures, reiterating that the museum has successfully operated a marine archeology repository. Mr. James Dodson, Regional Water Director, introduced the last presentation on the results of an analysis of the city's Drought Contingency Plan. He explained that in the Spring of 1996 the city implemented Conditions I and II of the plan, which are designed to drastically (and hopefully temporarily) reduce water demands well beyond traditional water conservation savings. In order to better evaluate the effectiveness of the city's drought management measures, the LBJ School of Public Affairs at the University of Texas at Austin undertook a study of the issue. The project was directed by Dr. David Eaton, who described three methods that could be used for water savings as Minutes Regular Council Meeting December 10, 1996 Page 3 a drought developed: a method to estimate water savings; a method to estimate the opportunity costs of water rationing; and a method to gain intelligence regarding citizen knowledge, attitudes, and preferences on water consumption and utilization during the process of a drought. Dr. Eaton referred to several visual aids to discuss different aspects of the study, including the most common obstacles to commercial/industrial water conservation, and a "hierarchy" of residential water conservation preferences. Dr Eaton said the following recommendations were included in the report: formally adopt a water forecast model that can be used to measure water -use savings; publicize the degree of water savings; incorporate focus -group methods to obtain more information; work with different user -groups to estimate possible changes if water rationing is implemented; and consider adopting drought -conditional water pricing policies. Mayor Rhodes said it was important to remember while considering this information that it would be disastrous if this region ran out of water. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Citizen's Advisory Health Board Ikoza Bennett Commission on Children and Youth Paula Rosenstein Kelly Hruska (Advisory Member) Talma Benavides (Advisory Member) Electrical Advisory Board Michael Lippincott (Reappointed) Phillip Madrid (Reappointed) W.B. Truax (Reappointed) J.L. Canales (Reappointed) Raymond Rabalais Greater C.C. Business Alliance Bill Pruet (Reappointed) Ruben Bonilla (Reappointed) John Allsup (Reappointed) Stan Hall Human Relations Commission Sam Henderson Albert Guinn Julissa Torres * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 3. Case No. 1096-9. Cotte Landreth Architects, Inc.: A change of zoning from a "T -1B" Mobile Home Park District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 40, Lot 9, located along the south side of the Holly Minutes Regular Council Meeting December 10, 1996 Page 4 Road extension, between Cayo Del Oso and Flour Bluff Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. 3. ORDINANCE NO. 027779 Amending the Zoning Ordinance upon application by Cotten/Landreth Architects, Inc., by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 40, Lot 9, from "T -1B" Mobile Home Park District to "R -1B" One -family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 4. Case No. 1096-10. Mostafa Bighamian a d Morteza Shafinury: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 3.85 acres out of Lot 16, located on the southwest corner of Cimarron Boulevard and Airline Road. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Cooper, and passed unanimously. Responding to Council Member McNichols, Mr. Brandol Harvey, Director of Planning and Development, said there was one notice returned in opposition to this zoning change from property owners within the 200 -foot notification area, and three were returned from outside the 200 -foot area. Only those within the notification area are used to determine the 20% rule. Dr. McNichols said that while the proposed use of the "B-4" zoning for a retail shopping center --including a tire and auto service facility --may not be that objectionable, other allowable "B- Minutes Regular Council Meeting December 10, 1996 Page 5 4" uses could be, such as a used car lot or a bar. Mr. Harvey said the applicant indicated that he wanted to take advantage of all of the retail uses allowed under "B-1" zoning, but he also wanted some slightly more intensive uses, such as the automobile tire sales and service, as well as larger signage. He said he thought the Planning Commission felt that this "core area" that was essentially surrounded on three sides by arterials was ready to be rezoned general commercial, provided that staff do their best to ensure that the surrounding `B-1" property remain `B-1." He added that the city's policy statements say that a right-of-way such as Wooldridge Road is one of the tools used to buffer residential uses from commercial uses. Mr. Harvey pointed out that property on the east side of Airline Road includes special permits to allow general commercial uses with some mitigating conditions. He said the Planning Commission discussed whether to use a special permit in this case, but it was felt that since this piece of property was a "core area," the core could be rezoned to general commercial and the surrounding areas would have neighborhood commercial uses and special permits. Responding to a question from Dr. McNichols, Mr. Harvey said staff did not think the city's conditional sign permit could be approved for this area. Dr. McNichols questioned the amount of traffic that would be generated by the proposed use, particularly onto Wooldridge Road, which is not improved. Mr. Harvey replied that staff has not seen a site plan yet from the applicant, but they would work to try to put driveways in the most appropriate locations, even if the "B-1" zoning was retained. Dr. McNichols reiterated his opinion that that location was not suitable for unrestricted "B-4" zoning. Council Member Betty Jean Longoria referred to a statement in the background material which said, "It is Planning Commission's position that the time has come to allow this core area to become B-4' General Business with an understanding that the surrounding 13-1' zoning should not be transitioned to a `B-4' District through future requests." Mayor Rhodes asked how staff would ensure that that was done. Mr. Harvey replied that when a rezoning request is received, staff investigates previous rezoning requests in the area. The Mayor said that even though the public hearing had been closed, she would allow the applicant to address the Council since there had been so much discussion about this zoning request. Mr. Mostafa Bighamian said this property was surrounded by two major, five -lane roadways, as well as Wooldridge Road, which according to city policies is appropriate for "B-4" zoning. He said special permits, rather than outright "B-4" zoning, had been issued in that area in the past to protect against topless bars, which is no longer a problem. Mr. Morteza Shafinury, the co -applicant, said the subject property is very unique, consisting of 3.85 acres on an "island" surrounded by Cimarron, Airline and Wooldridge. He said it was important to have "B-4" zoning for many reasons, including the need to have prominent signs placed around the proposed shopping center that would be visible from the three streets. Minutes Regular Council Meeting December 10, 1996 Page 6 Council Member Black asked to see a video of the subject property and adjacent properties, which Mr. Harvey described. A brief discussion ensued regarding allowable signage. Dr. McNichols said that the video was shot from the perspective of the intersection of Cimarron and Airline, and did not show the residential neighborhood across Wooldridge. Mr. Harvey further described the adjacent property uses, pointing out that no residences use Wooldridge as their frontage. He added that the original recommendation by staff to the Planning Commission was for denial, or at least consideration of a special permit, and after substantial discussion during the Planning Commission hearing, the recommendation was made to rezone to `B-4." Mr. Harvey noted that the applicant had indicated his desire for more signage than would be allowed under "B-1"; however, signage is a secondary feature of zoning. The property should be zoned properly based on the ability of the roads and infrastructure to serve it, and on its location adjacent to residential uses. Mayor Rhodes said she understood Dr. McNichols concerns, but she pointed out that if the adjacent "B-1" properties were developed, it would lend a different perspective to this case. A brief discussion followed about other zoning uses on Airline Road. Responding to Council Member John Longoria, Mr. Harvey said staff's original recommendation was for denial, which was changed after the Planning Commission public hearing, particularly after the Planning Commission indicated its opinion that this area was transitioning and the subject property could be supported as `B-4." Mr. Longoria said he supported this zoning change. City Secretary Chapa polled the Council for their votes as follows: 4. FAILED TO PASS The foregoing ordinance failed to pass by the following vote: Rhodes, Cooper, B. Longoria, and J. Longoria voting "Aye"; Black and McNichols voting "No"; Best, Heldenfels, and Martin absent. Mr. Chapa noted that the vote was 4-2, and the zoning request failed to pass because it required five affirmative votes. Mayor Rhodes commented that it was unfair to have three Council members absent when a zoning case is being voted upon, particularly a controversial case. Minutes Regular Council Meeting December 10, 1996 Page 7 * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 5. Case No. 1096-11 E.L.T. Ventures Inc.: A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District on Bohemian Colony Lands, Section 5, 1.061 acres out of Lot 2, located on the west side of Greenwood Drive, approximately 1,550 feet south of South Padre Island Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Cooper, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022780 Amending the Zoning Ordinance upon application by E. L. T. Ventures, Inc., by changing the Zoning Map in reference to Bohemian Colony Lands, Section 5, 1.061 acres out of Lot 2, from "B-4" General Business District to "I-2" Light Industrial District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, and McNichols voting "Aye"; Best, Heldenfels, J. Longoria, and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No. 1096-12. R.E.E.. Inc.: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Markins Place Addition, Lot D, located on the southwest corner of South Staples Street and Weber Road. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Minutes Regular Council Meeting December 10, 1996 Page 8 Council Member Black asked if the proposal to develop the property with an oil change facility would create more traffic in an already congested area (intersection of South Staples Street and Weber Road). Mr. Harvey said the city has a driveway ordinance where it tries to control the placement of entrances and exits so the intersection remains as free as possible. Mrs. Black said a citizen had expressed concern not about the proposed zoning but about the turning lanes. Mr. Harvey said he would need to discuss this issue with the city's traffic engineering department, but he thought that this intersection was one that had been designated for improvements. Dr. McNichols asked about the volume of traffic generated by an oil change facility such as this proposed business. Mr. Harvey said that the traffic was not as great as that generated by the McDonald's restaurant located next door. He added that zoning is not a very useful tool when it comes to traffic management. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 022781. Amending the Zoning Ordinance upon application by R.E.E., Inc., by changing the Zoning Map in reference to Markins Place Addition, Lot D, from `B-1" Neighborhood Business District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 1096-11 Callaway Development Corporation: A change of zoning from an "R - 1B" One -family Dwelling District to an "A-2" Apartment House District on Tract 1 and a "B-4" General Business District on Tract 2 on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, 19.355 acres out of Lots 5 through 8, located along the north side of South Padre Island Drive and along the east side of Ennis Joslin Road. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Black, and passed unanimously. Mr. Harvey showed a video of the subject property and adjacent properties, all of which is Minutes Regular Council Meeting December 10, 1996 Page 9 currently undeveloped, with the exception of the Diamond Shamrock on the corner. Dr. McNichols said that Ennis Joslin Road is very narrow with extremely high traffic volume, and it will be some time before improvements there are completed. He asked if egress and ingress could be limited to the South Padre Island Drive access road due to potential traffic hazards on Ennis Joslin. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said improvements to Ennis Joslin should be completed during Spring 1999. Dr. McNichols also asked about stormwater run-off that would be generated by the proposed development of an apartment complex, mini -storage facility and retail center. Mr. Harvey said there will be ways through the building permits to better control the stormwater run-off. He added that the zoning pattem in this case does lend itself to stormwater and water quality protection by having the remaining property between the subject property and the Cayo del Oso be zoned "R -1B." City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 022782 Amending the Zoning Ordinance upon application by Callaway Development Corporation, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 28, 19.355 acres out of Lots 5 through 8, from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Tract 1 and a "B-4" General Business District on Tract 2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. * * * * * * * * * * * * * Referring to Item 4 (zoning Case No. 1096-10), Mayor Rhodes said that Council Member Black had not changed her opinion about that zoning case, but had agreed that the whole Council should be present to vote on it. Mrs. Black made a motion to reconsider Case No. 1096-10 during the next Council meeting. Mayor Rhodes seconded her motion; she then called for a hand vote on the motion to reconsider, and it passed. Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Minutes Regular Council Meeting December 10, 1996 Page 10 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 27, and Council Members requested that Item 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M96-372 Motion approving a supply agreement for long distance telephone service with U.S. Long Distance, Inc., Corpus Christi, in accordance with Bid Invitation BI -0009-97 for the total amount of $51,463.00, based on low bid. The term of the contract is twelve months with option to extend for two additional twelve month periods, subject to the approval of the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 9. M96-373 Motion approving a supply agreement with Van Waters and Rogers, Corpus Christi, for approximately 17,688 pounds of calcium hypochlorite in accordance with Bid Invitation BI - 0041 -97 on the basis of low bid, for an estimated annual expenditure of $21,198.24. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 96-97 by the Water, Wastewater and Park and Recreation Departments. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 10. M96-374 Motion approving a supply agreement for medical supplies including approximately 76 cases of bandages, 89 cases of syringes, 41 cases of hazardous waste containers, etc. in accordance with Bid Invitation No. BI -0005-97 with United Medical Supply, Corpus Christi, Tx. based on low bid for an estimated annual expenditure of $23,563.08. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 96-97 by the Health Department. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, Minutes Regular Council Meeting December 10, 1996 Page 11 J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 11. M96-375 Motion approving the purchase of an offset printing press in accordance with Bid Invitation No. BI -0062-97 from Jungkind Photographic, Corpus Christi, based on the only bid of $15,985. Funds were budgeted in the 1996-97 Capital Outlay by the Print Shop, Materials Management Department. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 12. M96-376 Motion approving a supply agreement for the purchase of resin and foamer materials from Cover Foam Services, Inc., to provide Alternate Daily Cover at the J.C. Elliott Landfill. The purchase price of the resin and foamer materials is $180/drum and $800/drum respectively, for an estimated annual cost of $300,000. The Supply Agreement is for one year with an option to extend for two additional one year periods. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 13. M96-377 Motion approving a supply agreement with Fairbairn Electric, Inc., Corpus Christi, for lamped traffic control device inspection, lens cleaning and light bulb replacement, in accordance with Bid Invitation No. BI -0042-97, for Street Services Department, based on the low bid of $33,200. The term of the contract is twelve months with option to extend for two additional twelve month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds for this service are budgeted in the 1996-97 Budget. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 14. M96-378 Motion awarding a contract in the amount of $19,600 to A and R Demolition to demolish the Former City Transit Yard Facility located at 1002 Sam Rankin Street. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, Minutes Regular Council Meeting December 10, 1996 Page 12 J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 16. M96-380 Motion authorizing the City Manager or his designee to amend the contract between the City of Corpus Christi and the Texas Water Development Board (TWDB Contract No. 95-483- 063R) for a hydrographic survey to determine the sedimentation rate of Lake Corpus Christi, to extend the time of performance until August 31, 1997. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 17.a. M96-381 Motion authorizing the City Manager or his designee to accept Amendment No. 1 to Federal Aviation Administration Multi Year Grant Agreement authorized by M95-217 on July 25, 1995 by decreasing the FY 96 funds from $2,617,989 to $2,558,393 for Airport Improvement Project 3-48-0051-22-95. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 17.b. ORDINANCE NO, 022783 Ordinance appropriating $1,266,688 from Amendment No. 1 to the Federal Aviation Administration Multi Year Grant Agreement authorized on July 25, 1995 by M95-217, for Airport Improvement Project 3-48-0051-22-95 (Phase II Terminal Reconstruction) in No. 245 Airport Capital Improvement Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 18. RESOLUTION NO. 022784 Resolution authorizing the City Manager to submit a Community Outdoor Outreach Program grant application for up to $20,000 to the Texas Parks and Wildlife Department for outdoor education and recreation enhancements to the City's Summer Recreation Programs. The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. Minutes Regular Council Meeting December 10, 1996 Page 13 19. ORDINANCE NO. 022785 Ordinance authorizing the City Manager or his designee to execute a Developer Agreement with L&B Development, Inc. that accepts payment of the developer's contribution of storm drainage improvements for Brighton Village Unit 6B ($15,600.94); establishing a City interest-bearing account to deposit the developer's contribution and restricting the use of the money to completing drainage improvements at the time of platting and development Lot 9, Section 11, Flour Bluff & Encinal Farm & Garden Tracts, which is adjacent to the drainage easement opposite Brighton Village 6B. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 20.a. ORDINANCE NO. 022786 Ordinance appropriating a $4,375 grant from the Texas Department on Aging through the Corporation for National and Community Service for the Senior Companion Program in the No. 162 State and Federal Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 20.b. ORDINANCE NO. 022787 Ordinance appropriating a $15,548 grant from the Texas Department on Aging through the Corporation for National and Community Service for the Retired and Senior Volunteer Program in the No. 162 State and Federal Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 21. ORDINANCE NO. 022788 Ordinance closing and abandoning a 1 -foot wide by 145 -foot long area within an existing 5 - foot wide utility easement in Lot 50, Block 3, Lexington Subdivision; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. Minutes Regular Council Meeting December 10, 1996 Page 14 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 22. ORDINANCE NO. 022789 Ordinance closing and abandoning a 95.50 -foot long by 0.50 -foot wide area within an existing 15 -foot wide utility/drainage easement in Lot 18, Block 1, King's Court Subdivision, Unit 1; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 23. ORDINANCE NO. 022790 Ordinance authorizing the City Manager or his designee to execute a Monitoring Well Permit Agreement with Mr. Austin Pittman, to install one well, for a two year period, within City right-of-way along McArdle Street and Alice Street, in the vicinity of Pittman's Qwik Mart, located at 4249 McArdle Street; establishing a use fee of $300 for the monitoring well. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 24. ORDINANCE NO. 022791 Ordinance authorizing the City Manager or his designee to execute a Monitoring Well Permit Agreement with Jerry L. and Sylvia Dean Estate, to install one well, for a two year period, within the City's right-of-way along McBride Street, in the vicinity of the Corpus Christi Signs and Marking Maintenance Shop, located at 5425 Leopard Street, establishing a use fee of $450 for the monitoring well. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 25.a. M96-382 Motion authorizing the City Manager to execute an agreement with the Hewit Estates Minutes Regular Council Meeting December 10, 1996 Page 15 Property Owners Association to reimburse the City $18,580 for street lighting improvements in the Hewit Estates Subdivision, and with Central Power & Light Company for installation of said improvements at a cost not to exceed $20,230. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 25.b. ORDINANCE NO. 022792 Ordinance appropriating $18,580 from the Hewit Estates Property Owners Association for municipal street lighting improvements in the Hewit Estates Subdivision in the No. 102 General Fund - Street Lighting Activity; amending Ordinance No. 022643 which adopted the FY 96-97 budget, by adding $18,580 to the No. 102 General Fund - Street Lighting Activity. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 26. FIRST READING ORDINANCE Annexing a 6.481 acre tract of land platted as Wood River Subdivision 14A, out of a 205.80 acre tract out of the Mariano L. De Herrera Grant, Abstract 606, said 205.80 acre tract conveyed by Bess L. Hurd, et vir., to Nina G. Stewart by deed dated August 29, 1940 and recorded in Volume 261, Page 235, Deed Records ofNueces County, Texas; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. 27. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an assignment of lease agreement from Pittencrieff America, Inc. to Pittencrieff (Gulf Coast), Inc. and Fletcher Challenge Petroleum Corporation of a 2.07 acre surface lease for directional drill sites at the Laguna Madre Wastewater Treatment Plant, 201 Jester; and providing for publication; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Minutes Regular Council Meeting December 10, 1996 Page 16 Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, bus turn -around project. Responding to Council Member McNichols, City Manager Hennings said it has been the Council's policy regarding renovation or development projects to install street lighting with underground wiring. He added that this project is located at the Bayfront Arts and Sciences Park, where the intention has been to try to eliminate overhead wiring as development progressed there. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M96-379 Motion authorizing the City Manager to execute an agreement with Central Power & Light Company to install street light improvements and placement of overhead electrical distribution facilities to underground at the new public and bus turn -around facility at the intersection of Chaparral and Mesquite Streets, at a total cost to the City not to exceed $29,523. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best, Heldenfels, and Martin absent. * * * * * * * * * * * * * Mayor Rhodes announced that the two closed sessions scheduled on the day's agenda would not be held. She then called for the City Manager's report. Mr. Hennings said that the hearing in Uvalde the previous day had gone according to plan: the Nueces River Authority, the City of Corpus Christi and other friendly intervenors presented their case, as did five members of the Corpus Christi Taxpayers Association. The judge then granted the motion of the Nueces River Authority to set a hearing on the matter of a bond for an appeal, which has to occur at least five days after the hearing. Consequently, the judge set the date of the hearing for Monday, December 16, 1996. Mr. Hennings also referred to copies of two letters the Council received concerning the JFK Causeway from the Texas Department of Transportation (TXDOT). Council Member McNichols said he had expected more of a response than that TXDOT will investigate the issue. He pointed out the causeway has already flooded, and it needs to be made safe. He said the Council should ask that within 30 days the Council be provided with the response as to what will be done, and Mayor Rhodes asked Mr. Hennings to forward that request to Mr. Billy Parks, TXDOT District Engineer. Minutes Regular Council Meeting December 10, 1996 Page 17 Dr. McNichols expressed frustration that much progress had been made in studying the feasibility of raising the JFK Causeway, and now the issue is being postponed by TXDOT. Mr. Hennings said items scheduled for the December 17, 1996 Council meeting include: water rates, including the Choke Canyon Reserve Fund; proposed contract amendment on the factory outlet center; and a presentation by the South Texas Military Facilities Task Force. * * * * * * * * * * * * * Mayor Rhodes called for Council concerns and reports. Council Member Martin said there was an item in the water pipeline contract concerning special conditions that he had asked about, and he asked if it had been changed. Mr. Hennings replied that he was told the Port of Corpus Christi Authority would remove that item by addendum. He asked that the city's representative review the contract to ensure that there were no similar provisions remaining in the contract, and Mr. Hennings concurred. Mr. Martin also asked that the Council receive the material concerning declining block rates in order to review it. He added that the Tex-Mex Railroad had acquired railroads in northern Mexico, which should benefit the Coastal Bend economically. Council Member Betty Jean Longoria asked staff for an update on contact persons in the development of a health care center in the Molina area. She also asked for a response on the feasibility of programming Leopard Street (Phase III) in the Transportation Improvement Program. The Mayor asked staff to evaluate Mrs. Longoria's request, particularly how it would affect other TIP projects. Council Member John Longoria asked about an item proposed for the December 17th meeting concerning the Campbellton wells, and Mr. Hennings said he was not sure if staff would be ready to make any recommendations concerning that issue yet. Council Member Cooper announced several events scheduled next week in association with the Mayor's Task Force on Youth Violence: December 17th --a meeting for residents of the Corpus Christi Housing Authority, held at the Boys and Girls Club Annex; December 18th --task force meeting; December 19th --concert and candlelight memorial for victims of youth violence at Cole Park. * * * * * * * * * * * * * Mr. Hennings said that Ms. Valerie Gray, Storm Water Superintendent, would provide a report on the status of the city's National Pollutant Discharge Elimination System (NPDES) Storm Water Management Program. Minutes Regular Council Meeting December 10, 1996 Page 18 Using visual aids, Ms. Gray explained that the city and its co -permittees, Port of Corpus Christi Authority, Corpus Christi Junior College District, Texas A&M University -Corpus Christi, and the local TXDOT office, were issued a storm water discharge permit in April 1995, which became effective on June 1, 1995. In Part III of the permit, the Environmental Protection Agency (EPA) outlined schedules for implementation and compliance of various parts of the storm water management program, which Ms. Gray described. She noted that of the specific activities due so far, only one has not been submitted by the compliance date, and EPA staff had said they would work with the city regarding meeting the permit requirements. Ms. Gray said that on May 9, 1996 the city requested an extension to submit a planning document to the EPA; however, on July 24, 1996 EPA issued an administrative order for permit non-compliance for not submitting the necessary document by June 1, 1996. She said the order stated a new deadline of March 1, 1997 for submission of the document, and she referred to a development schedule for preparation of that document. Ms. Gray added that in the next six months, the City Council will be asked to take action concerning a disposal inspection program and high-risk monitoring program, as well as controlling storm water pollution during construction activities and in areas of development. Mr. Hennings said the permit gives the city many responsibilities, and he commended Ms. Gray and staff for starting the process of meeting the various deadlines contained in the permit. Responding to a question from Mayor Rhodes, Mr. Jay Reining, Assistant City Attorney, said the existence of the EPA's administrative order will be considered in future violations as evidence of the city's "track record" of non-compliance. Mr. Hennings added that the city does not plan to have any future violations or administrative orders. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Buck Sosa, President of the local Firefighters Association, said the city and the association are at a stand -still in their efforts to reach an employment agreement, and members of the association were picketing City Hall that day to ask the city to resolve this issue. He cited what he said were different proposals that the city rejected. He said they had sent two letters to city officials seeking a resolution to this situation, but none has been reached. Mayor Rhodes asked about the status of the city's negotiations with the firefighters. Mr. Hennings said the city has submitted a request for seven neutral persons from the American Arbitration Association, which is the step that is called for in the collective bargaining procedure. Mr. Hennings then addressed several statements made by Mr. Sosa concerning the Minutes Regular Council Meeting December 10, 1996 Page 19 firefighters' negotiations and other concerns. He said that Fire Chief Adame and Ms. Cynthia Garcia, Director of Human Resources, both represent management in dealing with the union, and there is no conflict of interest. Mr. Hennings said a union representative presented a proposal to the city for a one-year agreement, with a 3% increase, and staff told the representative that they would recommend to the Council that it be approved. He said apparently the proposal was taken to the union membership, and the membership opted to reject the proposal. He said the city offered the union a one-year agreement with a pay package similar to the police union agreement, but the union refused the offer. Mr. Hennings continued to address concerns Mr. Sosa had previously raised, saying that the grievance procedure is provided for in the collective bargaining agreement, and it is being used exactly as the agreement calls for. He said Mr. Sosa had complained that the Director of Human Resources had improperly allocated sick leave and vacation leave in the case of several firefighters. He said in fact, the Human Resources Department has nothing to do with Fire Department payroll matters. Mr. Hennings addressed issues raised by Mr. Sosa concerning aspects of the agreement that was signed by the union president, including a situation involving a small number of firefighters and their participation in the health insurance plan. Mr. Hennings emphasized that disciplinary actions have been in accordance with the agreement signed by the union president, and both the impasse procedure and the voluntary nature of the arbitration of grievances are provided for in that agreement. He said Mr. Sosa alleged that a firefighter's widow is owed money by the city, and after investigating it, Mr. Hennings said he has been unable to find any such case. The City Manager said Mr. Sosa's letter talked about a proposal that the city had made concerning "drag -up" reform, and how it would punish some firefighters. Mr. Hennings said staff was looking for ways to reduce costs in some areas to offset the costs of some proposed pay increases. One of the offers the city made was to change the provision for "drag -up" pay (unused vacation and sick leave pay on termination or retirement) for any firefighters that would be hired in the future --it would not affect any currently employed firefighters. Mr. Sosa also criticized the staffing levels in the Fire Department. Mr. Hennings emphasized that staffing levels are not an issue for collective bargaining; they are a management issue. Mayor Rhodes asked Mr. Hennings to request the name of the woman who supposedly was owed money by the city, saying that she knows staff will rectify the situation if need be. Mr. Abel Alonzo, 1701 Thames, said he is a strong supporter of the Fire and Police Departments, but he is appalled at the way both union presidents have acted. He said instead of dealing with the issues, they have chosen to attack the character and credibility of the Police and Fire Chiefs and the Director of Human Resources. He added that there was no need for that behavior. Ms. Sybil Tipton said she was a member of Class XXV of Leadership Corpus Christi. She announced that the class would be holding a mock Council meeting on December 12, 1996, and she Minutes Regular Council Meeting December 10, 1996 Page 20 would be portraying the Mayor. Council Member Martin referred to the issue of the firefighters, saying it was obvious that a serious communication problem existed that has to be resolved. He said he thought the one-year contract was a good solution because somehow, this process has deteriorated to where neither party will do well in arbitration because there is a misunderstanding on some points of fact that are not even negotiable issues, such as staffing levels. He encouraged Mr. Hennings to do what he can to get the parties to focus on the matters on which they disagree, which he acknowledged will be difficult. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 4:50 p.m. on December 10, 1996. * * * * * * * * * * * * *