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HomeMy WebLinkAboutMinutes City Council - 12/17/1996I 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 17, 1996, which were approved by the City Council on January 7, 1997. WITNESSETH MY HAND AND SEAL, this 7th day of January, 1997 Armando Chapa City Secretary SEAL s ��►u�t� MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 17, 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 Ci y Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the National Anthem was sung by Ms. Sandra Rivers. The Pledge of Allegiance to the flag of the United States was led by Mayor Rhodes. 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 December 10, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * ** Mayor Rhodes noted that there were four presentations on the day's agenda. Ms. Yvonne Haag, Assistant to the Mayor, discussed the 8th annual Christmas Eve "Feast of Sharing" H.E.B. Holiday Dinner and introduced the members of the planning committee: Gilna Nance, Terry Cardona, James Bumett, Alex Zamarripa, Chris Barnes, Rick Olmos, Amber Puckett, Wanese Taylor -Butler, Elsa Munoz, Lisa Oliver, Victor Martinez, and Eric Cuevas. *Council Member Heldenfels arrived at the meeting at 2:10 p.m. Mr. Alex Zamarripa said he represented H.E.B. on this year's dinner planning committee, and is the store director at the H.E.B. store in Flour Bluff. He said that the founder of the grocery Minutes Regular Council Meeting December 17, 1996 Page 2 store chain, Howard Butt Sr., recognized early on the great need to support Texas communities, a tradition which continues today with Charles Butt, Chairman and CEO of H.E.B. He said the Corpus Christi Christmas Eve dinner is one of 18 being held throughout Texas, and the local event is expected to serve 10,000 people. Mayor Rhodes thanked H.E.B. for their ongoing support. Mr. Ken Griffin, Area Business Manager for Central Power & Light Company in Corpus Christi, gave a presentation concerning the thermal energy project at the Bayfront Arts & Science Park. He said now that the system is operational, the savings are estimated to be at least $180,000 per year. In addition, the city received an incentive check from CPL in the amount of $465,800, which is based on the amount of kilowatts shifted from CPL's peak usage times to non -peak times. Mr. Griffin also recognized CPL staff members Kelly Lassig and Orlando Garcia for their assistance in this project. The next presentation was made by Mr. Loyd Neal, Chairman of the South Texas Military Facilities Task Force. He said there are several changes occurring locally and nationally in the area of defense operations, and preparations need to begin now to again protect the area's military facilities from closure. To that end, Mr. Neal said they are asking the Corpus Christi City Council, the Port of Corpus Christi Authority, the Greater Corpus Christi Business Alliance, and Nueces County to help fund a small budget for the task force; in addition, the other three counties (San Patricio, Aransas and Kleberg) fund their own representatives on the task force. He said they are requesting $10,000 from the City of Corpus Christi through July 1997. There was a consensus of the Council to support the request and to direct the City Manager to work with the task force. Mr. Al Jones, Chairman of the Community Progress Partnership (CPP), said that over 800 community groups have provided input into the process and a draft document was developed, which Mr. Jones presented. He described the several proposed community projects, which were divided into three categories: city-wide facilities (general use, downtown, visitor industry infrastructure, public safety, education and technology); neighborhood facilities (neighborhood improvements, youth sports); and trust funds (youth, parks and recreation, public safety services, and district community trust fund). Mr. Jones emphasized that the cost of these projects is still being estimated, but at this time they are proposed to cost $68.9 million for the city-wide facilities, $31.5 million for the neighborhood facilities, and $52.5 million for the trust funds, for a total of $152.9 million. He used visual aids to illustrate the breakdown in cost of the various projects. He said there are several potential funding sources, one of which is an economic development half -cent sales tax, which he said could be put into place for 15 years and would greatly enhance the quality of life in this community by funding those projects. Council Member Betty Jean Longoria said the proposed CPP projects are wide -reaching, and she asked what the next step would be in the process. Mr. Jones said the CPP committee members Minutes Regular Council Meeting December 17, 1996 Page 3 would like to go back to the community for further input. Council Member McNichols agreed that was necessary, and suggested that meetings be held in each of the five Council districts. Council Member Cooper suggested that the committee members prepare a booklet describing all of the proposed projects that would be easily understood by the public. She said the only way a sales tax would be approved by the public is if they took ownership of the projects. Council Member John Longoria asked staff to develop a city-wide map to illustrate the location of the proposed projects. He pointed out that the projects should benefit the whole community and not just certain areas. Mr. Jones commented that the CPP members have been extremely cognizant of that concern. Council Member Martin asked about the time frame of the process, particularly regarding a half -cent sales tax election. Mr. Jones replied that he did not think there would be enough time to propose scheduling an election in the spring, but there are other dates available later in the year. * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * * Mayor Rhodes said the next presentation concerned juvenile and gang -related crime response measures. She pointed out that this discussion was not a public hearing. City Manager Hennings said that six months ago the city's water supply was at the top of the agenda; today it is the problem of youth violence and the criminal activities of young gang members. He said it is a serious problem --much is being done about it and there is more that needs to be accomplished. He said the problem of youth violence should be considered in the proper perspective; namely, that Corpus Christi is not a war zone. He said there were 32 murders in Corpus Christi in 1995, and there have been 18 in the city this year. Mr. Hennings said the problem of criminal activities of young gang members involves three areas: prevention, law enforcement, and correction. He noted that there are many "players" in finding solutions to the problem. He said the Council had appointed the Commission on Children and Youth, whose members are in the process of developing a comprehensive plan for dealing with the problems of youth in the future. He suggested that discussions be held at every Council meeting for about the next month on different aspects of the problem in anticipation of the commission members presenting their recommendations next month. Mr. Hennings discussed the process and inherent difficulties in arresting perpetrators of Minutes Regular Council Meeting December 17, 1996 Page 4 crimes and bringing them to trial, although he said that Corpus Christi has a very good conviction rate. The City Manager also discussed the financial emphasis the City Council has placed on public safety throughout the years despite economic challenges. He reviewed the FY 1996-97 proposed expenditures for the General Fund, noting that the Police Department is budgeted to spend over $34 million, or 31% of the total General Fund budget. In comparison, the General Fund property tax revenues are estimated to be over $30 million, or 27.3% of the total revenues. In the effort to curb youth violence, Mr. Hennings said that while coordination on the working level among all agencies involved is good, the coordination on the policy level needs to be improved. He said one option to consider is to establish a crime -prevention district. Mr. Hennings said that Police Chief Alvarez would address at length the issue of juvenile crime response measures, and staff will provide more information at the next Council meeting of other programs designed to help deal with youth problems. Chief Alvarez pointed out that the gang problem did not emerge overnight --the seeds were planted years ago and now the whole community is having to deal with it. He cautioned against expecting a "quick fix" to eradicate gang violence; rather, it will take time, effort and a combined community -wide response. He said this problem is not unique to Corpus Christi, for it has spread like an epidemic throughout the country. The Chief defended the Police Department against criticisms that the police are not doing enough to combat gang violence. He delineated the Police Department's efforts in fighting the gang problem: relentless enforcement and proactive measures by the Juvenile Enforcement Team (J.E.T.) seven days a week; priority follow-up investigations by the Homicide Unit on violent criminal acts committed by gang members and swift apprehension of the offenders; increased enforcement of the curfew ordinance; community relations initiatives; middle school mentoring; and a graffiti eradication program, among other initiatives. Chief Alvarez noted that in May 1996 the Juvenile Enforcement Team's efforts were redirected to focus more on street enforcement, intelligence -gathering, and proactive initiatives. Five officers were added to the J.E.T. Unit and it was placed under the supervision of the Special Services Division, which includes the Vice, Narcotics and Organized Crime Unit. He said that allows the J.E.T. Unit more flexibility in conducting investigations and promotes sharing of information. The Chief added that the District Attorney's Office has been recommending high bonds for defendants who are gang members, and the courts and juries are handing out stiffer prison sentences for those convicted of crimes. In addition, the J.E.T. officers are conducting driver's license checks in problematic neighborhoods, resulting in numerous traffic and other citations. He said a list of all suspected gang members has been compiled and forwarded to Municipal Court, which has been issuing failure -to - appear warrants on gang members with outstanding citations. Chief Alvarez emphasized that the Minutes Regular Council Meeting December 17, 1996 Page 5 Police Department operates within the law with regard to all citizens, including gang members, which can be very frustrating at times. The Chief said another problem that is spreading rapidly around the city is underage drinking, which sometimes involves gang members. He said that also results in increased traffic accidents; this year more people have been killed in traffic accidents (24 people) than were murdered. Another tool used to combat gang violence is to assign J.E.T. officers to walk through Housing Authority apartments. These "walk-throughs" have resulted in better communication between residents and officers. At one time the Housing Authority had received federal funding to hire police officers on an overtime basis to patrol those housing areas. The funding was depleted and the Housing Authority is awaiting approval of the grant application to renew that program. Beginning June 14, 1996, the Police Department also stepped up enforcement of the curfew ordinance, which has considerably reduced the number of juveniles on the streets after 11 p.m. Chief Alvarez explained that a temporary detention facility was set up at the Police Training Center on Corona Street where curfew violators are now processed. The detention facility is being staffed by a patrol officer, a youth bureau officer and a reserve police officer. which required rescheduling of officers to accommodate the need. He said that the Juvenile Justice Center will not take curfew violators so other measures had to be taken. He said as of December 5, 1996, 1,170 curfew violators, many of whom are repeat offenders, had been processed at the facility. Chief Alvarez said the Police Department's experience with the temporary detention facility has illustrated the dire need for counseling and follow-up care for both the youths and the parents. As a result, staff has applied for a federal grant under the Kids Safe Program to fund a 24-hour central processing facility for curfew violators and truants, where they and their parents can receive counseling and education. The community relations aspect of the Police Department's efforts is also very important, noted Chief Alvarez. A comprehensive gang presentation was developed, and it focuses mainly on parental responsibility and is adaptable to any age group. In addition, all of the D.A.R.E. officers have been directed to give a presentation on gang involvement during PTA meetings at the schools they serve. The Chief also discussed the importance and effectiveness of the Neighbors on Watch program, including the implementation of the "Cellulars on Patrol" program in cooperation with Southwestern Bell Mobile Systems. The Police Department is also participating in the Adopt -A -School mentoring program with Martin Middle School, and it is another one of the programs being used to combat juvenile problems. Fifteen police officers are volunteering as mentors where they interact one-on-one with "at -risk" young people in the school environment. He said if this program is successful, the Police Department will expand it to the whole community and involve other schools. Minutes Regular Council Meeting December 17, 1996 Page 6 Chief Alvarez said another program is the graffiti eradication program. The first graffiti clean-up day was held in October and drew over 150 volunteers, and the program will be continued on a once -a -month basis. It is a coordinated effort between the Police Department and several other organizations. The Chief acknowledged that more can be done to curb juvenile violence. He pointed out that the number of 15- to 17-year-olds, which are now the most crime -prone segment of the population, is expected to rise rapidly over the next several years, further exacerbating the problem unless preventive measures are taken now. Chief Alvarez described several actions which he said must be carried out gradually but simultaneously to deal with this issue: strengthen the family unit through increased services for troubled families and children; work to prevent teen pregnancy through education and training; increase the number of adult mentors throughout the community; reexamine the schools' policies regarding troubled youths; empower teachers to accomplish what parents have not; address the high school drop-out rate; establish safe havens for students; encourage the media to include positive coverage of youth issues; discourage regular gun shows at the Convention Center and encourage citizens to take more responsibility for guns; and create more jobs for young people. The Police Chief also discussed the department's current manpower, which is 395 officers. That averages out to 1.4 per 1,000 people, which he said is one of the lowest in the country. In contrast, the City of Houston averages 3.07 officers per 1,000 people, which is the ideal average. He said Corpus Christi's Criminal Investigation Division is short six officers, while Special Services is short two people; in addition, more officers could be utilized in the Uniform Division. Chief Alvarez said they had planned to hire 20 cadets next year, but budget constraints has reduced that number to 15. He said the Police Department is doing the best it can with the available resources, adding that the problem of youth and gang violence can be eradicated if the whole community pulls together to combat it. Council Member Cooper commended the members of the J.E.T. Unit, and she commented favorably on the high conviction rate. She said she understood the importance of the community working together, and she described some of the activities of the Mayor's Task Force on Youth Violence, which she chairs. Those activities included raising funds and distributing them to grassroots organizations; developing an informational video on graffiti and gangs involving J.E.T. officers; developing a brochure listing youth -oriented service organizations; hosting anti -gang inspirational speakers; and participating in the "Make a Difference Day." Mrs. Cooper said the gang violence situation has created a crisis, and resources may need to be reallocated to deal with it. She asked if some of the D.A.R.E. officers could be reassigned to the J.E.T. Unit, and replace those D.A.R.E. positions with non-uniform personnel. She suggested that the Police Department be evaluated to ensure that its resources are being utilized to the fullest. Mrs. Minutes Regular Council Meeting December 17, 1996 Page 7 Cooper said she would support the concept of a tax increase to fund more police officers. With regard to the Police Department's resources, Chief Alvarez explained that of the department's $34.4 million budget, 87% is allocated for salaries and benefits, with 13% for operations. He said he has been reallocating personnel, and he emphasized the importance of maintaining the effectiveness of the D.A.R.E. program, since proactive measures need to be taken with very young children. He said he had planned to utilize some of the D.A.R.E. officers during the three months that school is out of session to augment the J.E.T. Unit, beginning next summer. Mr. Hennings agreed with Mrs. Cooper's suggestion to periodically review whether some police positions could be filled with civilians in order to put more officers back on the street. Mrs. Cooper asked if weekly briefings could be held on juvenile crime response measures in the same way that weekly water briefings are held. Mayor Rhodes commended Chief Alvarez on his presentation, and she echoed his comments on the importance of the D.A.R.E. program and the special impact that the D.A.R.E. officers have on the children. Regarding the Police Academy figures, the Mayor pointed out that sometimes it is difficult to attract 15 or 20 qualified people, and Chief Alvarez concurred. Council Member Heldenfels pointed out that one source of officer candidates could be former military personnel. He then asked about the number of drive-by shootings that have occurred. Chief Alvarez said the Police Department did not start tracking drive-by shootings until May 1996. Mr. Heldenfels asked if a parent had to accompany his or her child to Municipal Court for a curfew violation, and Chief Alvarez said they did. Mr. Heldenfels said he had been told that juveniles had been used in organized crime activities. The Chief said that at one time laws pertaining to juveniles were more lenient and that did occur, but it is not as prevalent now. Council Member Betty Jean Longoria said that while some police positions may be able to be reshuffled, it is important to retain the D.A.R.E. officers' positions. She also asked if year-round schools were at all effective in curbing juvenile violence, and Chief Alvarez replied that he thought they were because they kept children occupied during part of the summer months. Council Member Martin said a lot of the criticism the Police Department had received regarding the gang violence situation stemmed from confusion and lack of communication, which was addressed by the Chief's presentation. He said the Council was supportive of the Police Department's efforts, as is the community for the most part, and it was important to maintain open lines of communication with the department. Mr. Martin also discussed the number of budgeted police cadets, and suggested investigating some creative alternatives to recruiting cadets. Council Member John Longoria said they need to focus on reinventing the way they police, and he also emphasized the importance of open communication. In addition, he said some code Minutes Regular Council Meeting December 17, 1996 Page 8 enforcement issues need to be addressed, such as the existence of vacant buildings where gang members congregate. Mr. Longoria suggested that fire stations be designated as safe havens for children if, for instance, they feel threatened or frightened while walking home from school. Mrs. Longoria recognized Mr. Danny Noyola, the principal of West Oso High School, who was present at the meeting. She said different entities throughout the community need to work together on this issue. Council Member Black said Chief Alvarez's presentation clarified many issues, and she said she supported the Police Department's efforts. Mrs. Black, who said she was a former school teacher, emphasized the importance of parental involvement in their children's lives; for example, being present when their child receives their report card at school. Mrs. Cooper announced that the Mayor's Task Force on Youth Violence would meet on December 18, 1996 in the Council Chambers, with members of different agencies present to answer questions. And on December 19 there will be a concert and candlelight memorial for the victims of youth violence. * * * * * * * * * * * * * Mayor Rhodes referred to Item 4, a status report on the Lake Texana Pipeline Project. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said the engineering and right-of-way acquisition efforts are moving along quickly. He said all of the Corps of Engineers permits are in hand, and they anticipate action shortly after the beginning of 1997 on the Texas Parks and Wildlife and General Land Office permits. In addition, the Bureau of Reclamation permit for the Lavaca-Navidad River Authority portion of the project is out for 15 days of comment. The preliminary pipeline design is completed, and bids are being taken December 18, 1996 on the pipeline, pumps, motors, and motor control centers. After evaluation of the bids and the sale of the bonds, the Nueces River Authority will be able to award those contracts and materials ordering can begin. Mr. Crull added that future parts of the project that will be contracted out include the actual pump stations themselves; the river crossings will be bid sometime in February or early March 1997. Responding to Council Member Best, Mr. Crull said that bids are being taken on three different pipe sizes: 56 inches, 60 inches, and 64 inches. He said an evaluation will be conducted on the cost of the pipeline and the energy costs associated with pumping water through that pipeline to determine which pipe size is most economical and what the city can afford. He said in general, it costs less energy to pump through a larger line, but there is a point at which the cost of the material to build the line is not offset by the energy savings. In reply to another question from Dr. Best, Mr. Crull said a 56 -inch line is sufficient to Minutes Regular Council Meeting December 17, 1996 Page 9 accommodate both the water from Lake Texana and the Colorado River (Garwood) without any exorbitant cost of pumping. He added that the budget is structured around building a 60 -inch line. Council Member Heldenfels asked about the bid opening, and Mr. Crull replied that the bids will be taken at the Port of Corpus Christi Authority. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5 concerning the Safe Drinking Water Act. City Manager Hennings noted that this item had been discussed during a previous Council meeting. It concerned the new federal requirement for the Information Collection Rule phase of the Safe Drinking Water Act. Council Member Martin asked how this contract would be paid. Mr. Hennings said the city would sell revenue bonds; $1 million is already funded from a previous bond sale, and the other $300,000 would have to be advanced from funding available for another project. Mr. Hennings said he would provide more detailed information on the funding. Mr. Martin also asked about Item 5.a., a resolution statement expressing official intent to reimburse costs of the Utility Systems Improvements. Mr. Hennings explained that the expenditures would begin today, if approved by the Council, and they would be reimbursed from the bond sale that will be held in March 1997. Mr. Martin said he thought that this requirement was a waste of money and he was opposed to it, but he said he would not vote against it if Mr. Hennings was convinced that it was strictly mandated by the federal government and could not be avoided. Mr. Hennings said some benefit will be obtained from this work, but if it was not mandated, it would not be a high priority for the city. Mr. Martin asked if a letter could be sent to the Conference of Mayors or another entity asserting the city's reluctance to award this contract. Council Member Heldenfels asked if this action could be postponed, and Mr. Hennings replied that this contract needed to be awarded because there were federal deadlines that needed to be met. Mr. Martin asked that since this was a phased contract, could the city withdraw from the contract at some point if the requirements changed. City Attorney Bray said the city could terminate upon seven days' notice. City Secretary Chapa noted that Council Member Betty Jean Longoria had filed a disclosure affidavit regarding Item 5, and she would abstain from discussing or voting on that matter. Minutes Regular Council Meeting December 17, 1996 Page 10 Council Member McNichols asked if the city had ever been informed that it had a microbial contamination problem. Mr. R.H. Shackelford, Director of Engineering Services, replied that it had not. Dr. McNichols said this situation stemmed from concern about microbial contamination in the drinking water supplies of some Midwestern cities, but it evolved into what he called a bureaucratic nightmare. He said the Council should oppose this contract and inform the Environmental Protection Agency (EPA) that the city would not act on the requirement. Mr. Hennings said he agreed with Dr. McNichols' assessment of the problem, but the fact is that the U.S. Congress --after heavy debate --made the decision to mandate these requirements. Responding to Council Member John Longoria, Mr. Hennings said there was much data that will be collected under this contract which will assist the city in future planning. He reiterated that the city did not have a choice in the matter, but if it did, this project would not be one of the city's highest priorities. Mr. Longoria said he thought that other cities would have responded negatively to this mandate as well; Mr. Hennings said that the City of Dallas is awarding a $3 million engineering contract to meet this requirement, and as far as he was aware, other cities were taking steps to abide by the regulations. Mr. Heldenfels said he agreed with Dr. McNichols' comments. Council Member Black asked if the information to be obtained could be used for other projects. Mr. Shackelford said this information could be used to help optimize the operation of the city's treatment facilities. Mayor Rhodes called for comments from the audience, and there were none. The Mayor urged the Council to support this proposal, saying that the city was not going to be able to avoid it. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO, 022793 Resolution statement expressing official intent to reimburse costs of the Utility Systems Improvements. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, and Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols voting "No"; B. Longoria abstaining. 5.b. M96-383 Motion authorizing the City Manager to execute the contract for engineering services for the Information Collection Rule (ICR) Phase project with the team of Montgomery Watson Minutes Regular Council Meeting December 17, 1996 Page 11 Americas, Inc. in association with the local firms of INDTECH, an affiliate of Govind Engineering, and Gulf Coast Testing Laboratory, Inc. for a fee not to exceed $1,273,091. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, and Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols voting "No"; B. Longoria abstaining. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, Padre Island Seawall project. Mr. Tom Utter, Assistant City Manager for Development Services, said this project has been ongoing for several years. He noted that a 1974 district court judgement affirming the right of the seawall to remain in place included some ambiguous wording, which resulted in an inability by the seawall property owners to develop that area. Consequently, the property values have decreased significantly. In 1995, with the City Council's assistance and concurrence, a bill was passed by the Texas Legislature that in essence would allow the property line to be set at the seaward side of the seawall, provided certain conditions were met. Mr. Utter said that under the proposed agreement, Asset Development Corporation, one of the owners of property behind the seawall, will provide a piece of property for a public parking lot, and other seawall property owners would assess themselves for the cost of that. He said staff believed this was a beneficial arrangement for all involved, including the public and the taxing entities. Council Member Heldenfels said he would abstain from discussing or voting on this item. Council Member McNichols asked if all the issues that had been contentious in the past were addressed by this proposal, and he asked how continuing erosion of the beach in front of the seawall might affect the agreement. Mr. Utter replied that if this proposal is ruled to comply fully with the statute, then it would remain that way. Mayor Rhodes called for comments from the audience, and there were none. Mr. Hennings said there was an amendment to Item 6. Mayor Rhodes made a motion to amend the sales contract attachment to Item 6 to substitute a new Page 2 that allows Asset Development Corporation (ADC) the same option to finance its portion of the sales price as the other property owners have, rather than requiring ADC to pay the money up front. The motion was seconded by Council Member Betty Jean Longoria, and passed unanimously (Heldenfels abstaining). City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 17, 1996 Page 12 6. RESOLUTION NO. 022794 Resolution authorizing the execution of a sale and purchase agreement with Asset Development Corporation for the acquisition of certain property along the seawall on Padre Island for public parking and related public uses and including the acquisition of a public roadway easement and pedestrian noncommercial easement related thereto; establishing a seawall parking lot acquisition fund for the accumulation of the purchase price; and authorizing the city engineer to record certain findings in compliance with Section 61.017(c) of the Texas Natural Resources Code. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, lease with American Retirement Corporation/ Trinity Towers. Mr. Utter said the Trinity Towers project has been approved as an enterprise zone project, and he briefly described the proposal using visual aids. Responding to Council Member Martin, Mr. Utter said the building's design included an aerial cornice which slightly hung over the existing right-of-way. In reply to Council Member McNichols, Mr. Utter said there was sufficient height in the building's design for the city to make any necessary drainage and sewer line repairs. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 022795 Ordinance authorizing the City Manager or his designee to execute a one-year lease with Trinity Towers Limited Partnership, by and through its general partner, ARC Corpus Christi, Inc., to construct, install, repair, and maintain a five -story building that will have: 1) a footprint in part of an existing storm sewer easement; 2) an aerial footprint over a utility easement; 3) aerial cornice overhangs above the Carancahua Street and Tancahua Street Rights -of -Way; and 4) a permanent, enclosed, overhead skyway across Carancahua Street connecting to the existing Trinity Towers; setting a rental fee of $893; authorizing Trinity Towers Limited Partnership to assign the lease to MLD Texas Trust; authorizing MLD Texas Trust to sublease to Trinity Towers Limited Partnership. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting December 17, 1996 Page 13 Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 7.b. FIRST READINCI ORDINANCE Ordinance authorizing the City Manager or his designee to execute a fifty-nine (59) year lease beginning December 18, 1997 with Trinity Towers Limited Partnership, by and through its general partner, ARC Corpus Christi, Inc., to construct, install, repair, and maintain a five story building that will have: 1) a footprint in part of an existing storm sewer easement; 2) an aerial footprint over a utility easement; 3) aerial cornice overhangs above the Carancahua Street and Tancahua Street Rights -of -Way; and 4) a permanent, enclosed, overhead skyway across Carancahua Street connecting to the existing Trinity Towers; setting a rental fee for years 1-4 of $3,094; authorizing Trinity Towers Limited Partnership to assign the lease to MLD Texas Trust; authorizing MLD Texas Trust to sublease to Trinity Towers Limited Partnership; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, a lease contract with Spohn Health Systems. Council Member Martin asked why this proposal did not include a one-year lease. Mr. Shackelford replied that Spohn Health Systems was finalizing their design and they concluded that they could meet the existing construction schedule. He said that Spohn was proposing to construct a new addition which would be connected to the hospital facility by a new pedestrian walkway. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. FIRST READINCG ORDINANCE Authorizing the City Manager or his designee to execute a sixty -year lease with Spohn Health Systems Corp., to construct, install, repair, and maintain a permanent, enclosed overhead pedestrian walkway connector across Elizabeth Street and connecting the future and existing Spohn Health Systems facilities located respectively on Lot 3, Block 11A, Ocean View Addition and Lot 14, Block XI, Ocean View Addition; and establishing a fee of $2,418 as payment for the first five-year lease increment. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Minutes Regular Council Meeting December 17, 1996 Page 14 Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 9, Wood River subdivision annexation. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO, 022796 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 of Nueces County, Texas; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 10, a proposed street closure to facilitate development of the Penn Place subdivision. Council Member Martin asked who the developer was for this project, and Mr. Shackelford replied that it was Mr. W.K. Penn, and Mark X. Plog & Associates was the engineer. Mayor Rhodes called for comments from the audience, and there were none. A motion was made to close the public hearing, and it passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 022797 Ordinance closing and abandoning a 0.11 acre portion of a 20 foot wide undeveloped road right-of-way out of Lot 5, Section 11, Bohemian Colony Lands, in order to facilitate development of the Penn Place Subdivision; subject to compliance with the specified conditions, and the owner replatting the property within 180 days at his expense. Minutes Regular Council Meeting December 17, 1996 Page 15 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 11. Reconsideration of Case No. 1096-10 Mostafa Bighamian and 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 asked the three Council members who were not present last week when this case was first considered if they wished to hear a presentation on it, and they said they did not. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022798 Amending the Zoning Ordinance upon application by Mostafa Bighamian and Morteza Shafinury, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 3.85 acres out of Lot 16, 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, Best, Cooper, B. Longoria, J. Longoria, and Martin voting "Aye"; Black, Heldenfels, and McNichols voting "No." ************* Mayor Rhodes opened the public hearing on the following zoning case: 12. Case No. 1196-1 Jackson S Ryan. Jr.: A change of zoning from an "A-1" Apartment House District to an "R -1C" One -family Dwelling District on Bohemian Colony Lands, Section 11, 5.0 acres out of Lot 5, located along the north side of Aaron Drive, approximately 200 feet east of Weber Road. Mayor Rhodes said the Planning Commission and staff recommended approval. Minutes Regular Council Meeting December 17, 1996 Page 16 No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022799 Amending the Zoning Ordinance upon application by Jackson S. Ryan, Jr., by changing the Zoning Map in reference to Bohemian Colony Lands, Section 11, 5.0 acres out of Lot 5 from "A-1" Apartment House District to "R -1C" One -family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 13. Case No. 1196-2, L & B Development: A change of zoning from an "A-2" Apartment House District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 11, 4.116 acres out of Lots 25 and 26, located along the west side of Cimarron Boulevard, approximately 550 feet north of Lipes Boulevard. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 022800 Amending the Zoning Ordinance upon application by L & B Development, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 11, 4.116 acres out of Lots 25 and 26 from "A-2" Apartment House 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, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols Minutes Regular Council Meeting December 17, 1996 Page 17 voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 14. Case No. 1196-3. Marilyn Birge: A change of zoning from an "R -1B" One -family Dwelling District to "T -1C" Mobile Home Subdivision District on Country Estates Unit 4, Lot D, located on the east side of Emory Drive at Shelton Boulevard. Mayor Rhodes said the Planning Commission and staff recommended denial of the requested "T -1C" District, and in lieu thereof, approval of a Special Permit for a mobile home in accordance with a site plan subject to five (5) conditions. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Mr. Utter explained that in 1981 the city was sued by an individual who wanted to put a mobile home on a single-family lot, and the city lost. In response, in 1982 the ordinance was changed to state that mobile homes could only be placed in zoning districts "T -1A," "T -1B," and "T- 1 C." He said this particular zoning case was a difficult one; he said the acreage was smaller than the minimum lot size necessary under "T -1C," but there are mobile homes in close proximity to the subject property which are "grandfathered" under the zoning regulations. He said staff did not see this case as setting a precedent, and there was some ambiguity in the ordinance which needed to be addressed. Council Member Martin said he felt this case was setting a precedent. Mr. Utter said the ambiguity he spoke of referred to the ability to grant a special permit to allow this usage, and staff may propose recommending that special permits no longer be used in "T -1A," "T -1B," or "T -1C" zoning cases where the lot size is less than the required amount in the ordinance. Mr. Martin pointed out that the Council did not have to grant special permits. Responding to a question from Mr. Martin, City Attorney Bray said that if the Council granted a special permit in this case, it would be difficult for other owners of "R -1B" lots to make their own cases because generally there is a lot of discretion involved in granting special permits. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022801 Amending the Zoning Ordinance upon application by Marilyn Birge, by granting a Special Minutes Regular Council Meeting December 17, 1996 Page 18 Council Permit for a mobile home subject to five (5) conditions on Country Estates Unit 4, Lot D; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 15. Case No. 1196-4A. City of Corpus Christi: Zone newly annexed area to an "R -1B" One - family Dwelling District on Mariano L. De Herrera Grant, Abstract 606, being 6.481 acres out of a 205.80 acre tract, located west of Wood River Drive and north of Rapids Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022802 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Mariano L. De Herrera Grant, Abstract 606, being 6.481 acres out of a 205.80 acre tract by zoning of newly annexed area to "R -1B" One -family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 16 through 25, and Council Members requested that Items 20, 21, and 22 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting December 17, 1996 Page 19 16. M96-384 Motion awarding a contract in the amount of $61,096 to Bracco Construction Co. for the O.N. Stevens Water Treatment Plant: Remote Chlorine Residual Analyzers project. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17. M96-385 Motion authorizing the acquisition of Parcel 2-26 located at the northeast corner of Holly Road and South Staples Street from Rosche One Interest L.P. for $65,609 in connection with the Holly Road Street Improvements Project, Phase 2. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18. M96-386 Motion authorizing the City Manager, or his designee, to apply for and to execute all necessary documents for continued financial assistance through the Texas General Land Office for beach cleaning and life guarding at Padre Island during FY 96-97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19. M96-387 Motion authorizing the City Manager, or his designee to execute an agreement with Coastal Bend Council on Alcohol and Drug Abuse to provide $25,000 from the FY96 CDBG Program to install a new air conditioning/heating system at 1201 Third Street. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 23. ORDINANCE NO. 022803 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with the Corpus Christi Independent School District (CCISD) for sidewalk and bridge construction improvements along Grand Junction Boulevard and Sanders Drive of which the City's share of costs must not exceed $20,769 for sidewalk improvements and Minutes Regular Council Meeting December 17, 1996 Page 20 $47,868.22 for the bridge. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 24. ORDINANCE NO. 022804 Ordinance authorizing the City Manager or his designee to execute an extension of the Lease Agreements with Pagan -Lewis Motors dba Budget Rent-A-Car of Corpus Christi, Inc., Coastal Bend Rent-A-Car dba Avis Rent-A-Car, Mar Jean Texas, Inc. dba Hertz Car Rental, National Car Rental of Corpus Christi, Inc., on a month-to-month basis, for a period not to exceed 12 months, for use of space at the Corpus Christi International Airport. 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." 25.a. FIRST READING ORDINANCE Closing and abandoning a 4,031 square foot portion of a 7.5 foot wide utility easement in Lot 1, Block 1, Dusty Hills Subdivision; subject to compliance with the specified conditions and the owner replatting within 180 days at the owner's expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 25.b. FIRST READING ORDINANCE Closing and abandoning a 4,031 square foot portion of a 7.5 foot wide utility easement in Lots 7 and 8, Section 13. Flour Bluff and Encinal Farm and Garden Tracts; subject to compliance with the specified conditions and the owner replatting within 180 days at the owner's expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 20, Downtown Management District (DMD) contract. Minutes Regular Council Meeting December 17, 1996 Page 21 Council Member Heldenfels said a lawsuit had been filed concerning the DMD, and he expressed concern about this proposal. Mr. Hennings commented that in the budget approved by the Council, there was a $100,000 line item for the purchase of services to help with the administration of the DMD. He said if the DMD no longer existed, the city may have some claim on some portion which was unspent; he added that he had not considered that possibility. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20. M96-388 Motion authorizing the City Manager to execute an agreement with the Corpus Christi Downtown Management District in the amount of $100,000 for assistance in downtown development and redevelopment activities. 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 opened discussion on Item 21, contract for professional representation in Washington, D.C. Council Member Heldenfels expressed concern that under this proposal, the city does not have a direct association with the client (the Washington firm of Meyers & Associates); rather, the contract is with the Greater Corpus Christi Business Alliance, which in turn obtains professional representation from Meyers & Associates. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. M96-389 Motion authorizing the City Manager, or his designee, to enter into a contract with the Greater Corpus Christi Business Alliance (Alliance) wherein, for the period January 1, 1997 through December 31, 1997, the Alliance will obtain professional representation in Washington, D.C. from Meyers & Associates on legislative and policy issues related to long term water supply and related debt, area military facilities, ozone standards under the Clean Air Act, and various other federal regulatory and funding programs, and providing that the City will pay $5,500 per month to the Alliance for professional representation and up to $5,000 over the term of the contract for actual travel expenses related to supervision of the Minutes Regular Council Meeting December 17, 1996 Page 22 contract. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 22, a contract to hire a financial advisor. Mr. Hennings said that this item needed to be amended. Mayor Rhodes made a motion to amend Item 22 as follows: delete the words "Nueces River Authority and the Lavaca-Navidad River Authority" in the second line and replace with the words "City of Corpus Christi" on that line. Council Member Cooper seconded the motion, and it passed unanimously. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 22. M96-390 Motion authorizing the City Manager to enter into a financial advisory contract with M.E. Allison & Co., Inc. for services on behalf of the City of Corpus Christi for the proposed Nueces River Authority Revenue Bond Sale of an amount not to exceed $135,000,000 and the Lavaca-Navidad River Authority Revenue Bond Sale of an approximate amount of $5.5 million. The fee for this service is not to exceed $156,000. 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." * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings said the first item in his report concerned Municipal Court fine collections. He explained that several weeks ago staff had provided a report upon the Council's request on the five-year history of fine collections. Council Member Martin subsequently provided the Council with an analysis of how Corpus Christi's fine collections compare with other cities, and the Council indicated that they wanted further discussion on the issue. He said Mr. Martin's analysis showed that Corpus Christi's collections were lower than any of the other cities surveyed, including El Paso's collections. Mr. Martin said he was concerned that according to the data, Corpus Christi collects one- third of the revenue per case with assumably the same fine structure and basically the same Minutes Regular Council Meeting December 17, 1996 Page 23 demographics as the City of EI Paso, and half of the revenue of other cities, such as Arlington. He said he questions why Corpus Christi's collection rate is so low, and he said there is the possibility of collecting $2 million to $3 million more than is being collected now. Mr, Hennings replied that the main factor contributing to the problem is that the Municipal Court judges have been lenient in cases where people have said they did not have the money to pay their fines. He said people are given payment plans to pay the fines, but those have proven to be ineffective. Chief Municipal Court Judge Rodolfo Tamez said he thought the issue was a staffing problem, and the Municipal Court staff were preparing to make some recommendations to the Council regarding that issue. One suggestion is to establish a collections unit, which would involve more detailed financial information than is required at this time; another is to increase the staff in the warrants division. He said he agreed that ideas should be gamered from the other cities on their successful collection efforts. Mr. Martin said if Judge Tamez needed additional staffing, he felt that the Council would be willing to find the money to provide it because the return in revenues would far exceed the costs. He asked staff to recommend a comprehensive approach to increasing collections to be presented at one of the Council meetings in the near future. Responding to Council Member Heldenfels, Judge Tamez explained that Municipal Court consists of three divisions: Judicial Department, Prosecutor's Office, and Administration Department. Mr. Heldenfels said he would be willing to provide more money to increase the court's staffing and effectiveness. Mr. Hennings said the difficulty remains that people say they do not have the money to pay their fines, and payment schedules have to be arranged. Mr. Heldenfels suggested that a system be established similar to child support payments whereby people's wages are garnisheed if they are employed. Council Member John Longoria asked about the current collection system. Judge Tamez explained that if a person pleads guilty or no contest, or is found guilty, he is assessed a fine and given 31 days in which to pay it. If he cannot do so, he fills out a poverty guideline form and he is given 60 days to pay the fine; if he still has not completed payment in that period, he is required to request a time extension. If he does not appear, then a warrant for his arrest should be issued. Judge Tamez said violations include traffic violations; violations of city ordinances (animal control, zoning, etc.); and state penal code violations (public intoxication, theft, etc.). Council Member Best reiterated that some cities have found successful ways to collect fines. Judge Tamez said the key is to have a sufficient collections staff to follow through on the payment of fines. He said Municipal Court is also working with the Police Department on identifying multiple offenders, such as some gang members. If a person pleads not guilty to a violation, the Minutes Regular Council Meeting December 17, 1996 Page 24 judge will set a bond and he will be released on bond. Judge Tamez noted that five days prior to trial is the maximum time a person can be held for violation of a Class C Misdemeanor. He said if a person has other charges filed against him, a judge will have to set a bond on the more serious charges and he will be held over until that bond is met. Mr. Martin said solutions --not problems --need to be found. He said he would like Judge Tamez's report to indicate how many warrants are being served. Mr. Martin added that not everyone who has failed to pay his fine is indigent. Judge Tamez agreed that solutions could be found. Mr. Hennings pointed out that the next Council meeting is January 7, 1997, and issues to be discussed include the water situation and the factory outlet center. He added that he will be leaving town for a few days, and he wished the Council a Merry Christmas. ************* Mayor Rhodes called for Council concerns and reports. Council Member John Longoria requested a copy of Chief Alvarez's presentation earlier in the meeting. He said there are several street signs that need to be replaced. He suggested that as the drought continues, the city's landscaping ordinance should be reviewed to possibly include the concepts of xeriscaping. Mr. Longoria also noted that there are several sidewalks throughout the city which need cleaning, and he suggested the possibility of teams of youths being assigned to that task. Council Member Best extended holiday greetings, and said he was pleased that the city had a new City Manager who was doing so well. Council Member Betty Jean Longoria said a citizen questioned the use of portable restroom facilities at the Lozano Golf Course. Mr. Hennings replied that both municipal golf courses utilize portable facilities, and they actually enhanced the service. He said at some point new, permanent restroom facilities will have to be constructed. Council Member Cooper complimented city staff on the Harbor Lights festival, and she commended staff and volunteers for their efforts on the Senior Community Services Christmas dinner. Council Member Black also extended holiday greetings to all. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Minutes Regular Council Meeting December 17, 1996 Page 25 Mr. Buck Sosa, President of the local Firefighters Association, introduced Mrs. Shirley Wynn, the widow of deceased firefighter Larry Wynn. He said she was not paid the full amount due to her. He said the City Manager is not willing to address the issue of staffing with regard to negotiations with the union. He said Corpus Christi has the highest injury rate in the state. Mr. Sosa said following last week's discussion of the firefighters' situation, the union submitted a letter to the City Manager requesting an opportunity for dialogue, and they had not yet received a reply. He said the firefighters' demands were within reason. Replying to Mayor Rhodes, Mr. Hennings said he had just received Mrs. Wynn's name that morning, and he is having that case reviewed. Mr. Hennings said the firefighters deserve a pay raise, and the city offered them an agreement for three years with a 3% annual increase, which is the same increase the Council approved for other city employees. He said the difference is that it would have been retroactive to August 1, 1996 for the firefighters. However, he said, the union rejected the offer, stating concern about parity with the police union's agreement. Consequently, the city offered the firefighters an agreement providing for a 4% increase for one year (2% on August 1 and 2% on February 1), but they rejected that offer. He said they offered to accept a one-year agreement with a 3% increase, and after discussing that with the Council, staff told the union they were agreeable to the offer, but the union then rejected it. Mr. Hennings said the city will continue to work with the union to resolve the issues. Mr. Leroy Barbosa said there are other issues to be resolved with the firefighters in addition to the financial issues, such as grievance procedures and insurance. He said there seems to be no continuity with regard to insurance. He said the firefighters were hoping to receive some feedback from the Council members and the public. Mr. Carlos Torres, Vice President of the local Firefighters Association, said Mr. Sosa was not able to respond to statements made last week by Mr. Hennings because of the three-minute rule regarding petitions from the audience. He said the Corpus Christi Firefighters Union has repeatedly asked, to no avail, to be placed on the City Council agenda to air concerns about inadequate staffing on fire equipment, lack of additional EMS units, shortage of fire stations, wages, and other issues. He said the Council members were also invited a few years ago to visit the fire stations, and to his knowledge none had done so. He said the union has not been able to resolve any of these issues with the Fire Chief, and he invited Mr. Hennings to personally attend the contract negotiations rather than the union having to meet with the city's representative. Mayor Rhodes told Mr. Torres that the union representatives have not been placed on the agenda because the City Council meeting is not the place to conduct contract negotiations. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:50 p.m. on December 17, 1996.