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HomeMy WebLinkAboutMinutes City Council - 01/07/1997I 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 January 7, 1997, which were approved by the City Council on January 14, 1997. WITNESSETH MY HAND AND SEAL, this 14th day of January, 1997 Armando Chapa City Secretary SEAL bitata lLtVltu MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 7, 1997 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. David Walsh, CSsR. The Mayor then read a proclamation designating January 7, 1997 as "Father David Walsh Day" in Corpus Christi, and announcing a golden jubilee Mass that will be celebrated January 19, 1997. Father Walsh was being recognized for his commitment and contributions to the ministry to the deaf and all programs for persons with disabilities. 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 17, 1996, and there being no corrections, she proclaimed them approved as presented. City Manager Hennings and Fire ChiefJ.J. Adame recognized the 30 new firefighter cadets who were present at the meeting. Mr. Hennings said those men and women will be undergoing a strenuous training program and by this time next year, they will be certified as firefighters, emergency medical technicians and paramedics. Mayor Rhodes wished the cadets luck and thanked them for their service. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, a presentation by the City Charter Revision Minutes Regular Council Meeting January 7, 1997 Page 2 Commission. Council Member Betty Jean Longoria, chairperson of the commission, introduced the members: John Bell, Servando Caballero, Pauline Clark, A.R. "Butch" Escobedo. Lon Hipp. Terry Mills, Clifton Moss, Gwen O'Brien, and Dr. David Wilson. Mrs. Longoria explained that the commission did not have a prepared agenda; rather, when they first met last September, a hearing was held to receive input from the public. Thereafter, the commission members met twice a month in open meetings and reviewed all 10 articles of the City Charter and formulated their propositions. Another public hearing was held January 6, 1997, and further revisions were made to the propositions. Mrs. Longoria then described the eight propositions that were presented to the City Council for their consideration: Proposition 1: an amendment to Article II, Section 3, extending the time to hold City Council run-off elections to not more than three weeks after the General Election; Proposition 2: an amendment to Article II, Section 7, increasing the annual compensation of City Council members from $6,000 to $8,000 and the annual compensation of the May or from $9,000 to $12,000; Proposition 3: an amendment to Articles II, III and VII clarifying the prohibitions on members of the City Council from being eligible for employment in any city administrative position or division head or above or any position appointed by or confirmed by the City Council for a period of two years after leaving office; Proposition 4: an amendment to Article II, Section 20, specifying a time period of 180 days to be allowed for the circulation of recall petitions to be consistent with the Texas Election Code. The other four propositions were: Proposition 5: an amendment to Article VII requiring City Council members and other high-level city officials to resign their positions in order to run for other elective public office; Proposition 6: an amendment to Article IV covering Administration clarifying certain procedures on the submission of the annual budget of the City and providing an exemption from the requirement for a formal certification of funds for small contracts; Proposition 7: an amendment to Article VIII, Section 1, increasing the local property tax cap to 88 cents per $100 of valuation and specifying that certain notice and hearing procedures be followed for any future tax rate increase; and Proposition 8: an amendment to Article IX clarifying and simplifying the procedures for granting, modifying, and transferring franchises and leases and allowing leases up to ten years for the construction or use of boat slips and docking facilities. Mrs. Longoria emphasized that if the Council approved placing those propositions on the ballot, it would ultimately be the voters' decision on whether or not they will be adopted into the City Charter. She then invited members of the Charter Revision Commission to make some comments. Dr. Wilson, 418 Cape Lookout, said it has been a privilege to again serve on this Minutes Regular Council Meeting January 7, 1997 Page 3 commission. He asked the Council to approve placing the propositions on the ballot as presented for the voters to approve or reject. He said much public input was incorporated into the propositions, as well as the ideas of the commission members. He spoke specifically about the importance of Proposition 7, changing the local property tax cap. Mrs. Clarke, 3902 Mueller St., said she felt that the members had thoroughly reviewed the Charter and the propositions could be important to the community. She reiterated that the voters should have the opportunity to consider them. Mr. Bell, 13750 Primavera St., commented on three of the propositions: Proposition 1, concerning run-off elections; Proposition 2, increasing the compensations for the Mayor and Council members; and Proposition 7, raising the tax cap. He pointed out that the compensation recommendation was not initiated by the Council but by the Charter Revision Commission itself. Regarding the tax cap, Mr. Bell said other Texas cities' property tax caps range from $1.50 to $1.85 per $100 valuation, while their actual tax rates are substantially less, generally within the 60 -cent range. He said the tax cap increase would allow Corpus Christi to receive better interest rates on its bonds. City Secretary Chapa said should the Council wish to place the propositions on the April 5th City Council election ballot, the recommended day to order the election is January 21, 1997. He suggested that the Council consider this item during next week's Council meeting to allow time to include it in the election ordinance for approval on January 21st. Referring to Proposition 1, Council Member Martin asked if the language of the proposition would allow for a run-off election to be held one week after the general election. Mr. Hennings said the intent of the proposition was to allow the run-off election to be held two or three weeks after the general election. Mayor Rhodes suggested that the wording be changed to reflect that intention. Mr. Martin said he would also like to have a discussion about the effect of the tax cap relative to the city's bond ratings. He pointed out that the last Charter revision exempted voter -approved bonds from being affected by the tax cap. Mayor Rhodes said that representatives of the bond rating agencies and the insurers continue to express concern about the city's current 68 -cent property tax cap. Mr. Martin said the current tax cap has not affected the city's bond rating. Mayor Rhodes and Council Member Best reiterated that the bond raters and insurers have asked the city to improve its financing capacity. Mr. Martin also questioned Proposition 5 concerning running for elective public office. He asked if members of the Corpus Christi Regional Transportation Authority Board were governed in the same way as other city board and commission members. City Attorney Bray replied that the city does not have authority over joint boards which are established under state law, such as the RTA board; in addition, the city cannot regulate the political activities of police and fire personnel beyond Minutes Regular Council Meeting January 7, 1997 Page 4 the statute. Dr. Best asked on what other dates a Charter amendment election could be held. Mr. Chapa replied that they are the first Saturday in May, the second Saturday in August, and the first Tuesday after the first Monday in November. The third Saturday in January is also an eligible election date. Dr. Best said he was uncomfortable with the idea of placing these important Charter issues on the same ballot as the Mayor and Council member elections in April. Council Member Heldenfels questioned Proposition 6, and Mr. Bell pointed out that the proposal would tie the certification of funds requirement to any matter that had to be approved by the City Council; another provision of the Charter states that the City Manager has the authority to sign contracts up to the competitive bidding limit as allowed by state law. Council Member John Longoria asked how many public hearings were held regarding the Charter proposals, and Mrs. Longoria replied that there were two. Mr. Longoria stated that the process through which the Charter propositions were developed was not as broad-based as the Community Progress Partnership, which involved several public meetings in the five Council districts and community -wide meetings as well. Mr. Longoria discussed Proposition 5, which would require Council members and other high- level city officials to resign their positions in order to run for other elective public office. He said if that proposal is approved, then the City Council's term limitations should be removed, because it in effect penalizes a person who wishes to continue serving the community in an elected capacity. Mr. Longoria added that Proposition 2, the proposed pay increase for the Mayor and Council members, would cause voters to focus on that issue rather than the much more important issue of the city's whole budget. Mayor Rhodes said the current compensation eliminates many people from running for the Council because they cannot afford to. She pointed out that a previous Charter proposal attempted to increase the compensation even more, but it failed to pass, so a smaller monetary increase is being proposed this time. Mrs. Longoria also briefly discussed the rationale for Proposition 5. Responding to a question from Mr. Longoria, Mr. Bray said that Proposition 3 modifies several provisions in the City Charter, some of which have had conflicting interpretations. He said this provision would clarify that a Council member would not be eligible for employment in any high-level city administrative position, or for any other paid position appointed by or confirmed by the Council, until two years after the person has resigned or left office. Mr. Longoria expressed concern that a few of the proposals, such as the recommended pay increase and the tax cap increase, will prevent the rest of the proposals from being approved by the voters. He said he was hoping that the Charter amendments would strengthen the operation of the Minutes Regular Council Meeting January 7, 1997 Page 5 city. Council Member Cooper asked if the proposals would be presented as a slate, and Mayor Rhodes replied that they will be discussed and considered individually by both the Council, and ultimately, by the voters on the ballot. Council Member Black thanked the Charter Revision Commission members for their input and work. Council Member McNichols asked the members of the Corpus Christi Taxpayers Association to objectively evaluate the propositions, particularly the one regarding the increase in the tax cap. Mayor Rhodes directed staff to place the propositions on the Council agenda for the January 14th meeting for their consideration. She said she had mixed feelings on when to hold the Charter amendment election. She said if it is held in April, in conjunction with the Mayor and Council elections, there will be better voter turnout and it would eliminate the cost of having a separate special election. On the other hand, holding it in April will mean that some of the propositions will become issues in the Council race and will have political ramifications. ************* Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Board of Adjustment Robert Huegele Peter Mahaffey (Alternate) Oil and Gas Advisory Committee Charles West Don Kersting Harry Cofer (Alternate) Jerry Dewbre (Alternate) Senior Companion Program Adv. Committee Marie Partington (Reappointed) Christopher Hinojosa (Reappointed) Iris Patrick -Williams (Reappointed) Dorothy Evans (Reappointed) * * * * * * * * * * * ** Mayor Rhodes opened discussion on Item 4, proposed changes to water block rates. City Manager Hennings said that during past discussions on this issue, the Council has indicated that they would like to consider an alternative for the large water customers in order to eliminate the decreasing block rates. He said originally staff had devised a cost of service study in Minutes Regular Council Meeting January 7, 1997 Page 6 which they proposed establishing a new class of customers which use more than 5 million gallons of water per month; the Board of Trade recommends, and staff supports, establishing an industrial rate class for industries using more than 10 million gallons per month. He said under the current decreasing block rate structure, an industrial customer using more than 10 million gallons a month would pay $1.08 per 1,000 gallons; under the proposed flat rate structure, the same customer would instead pay $1.15 per 1,000 gallons. Council Member Martin questioned what the rate would be for inside city limits (ICL) industrial customers using the flat rate structure, and Mr. Hennings said staff would bring that information back to the Council. He added that the flat rate would be based on an annual average of water consumption. Mr. Martin asked if the flat rate would protect the city's revenues, and Mr. Hennings replied that it would. Responding to another question from Mr. Martin, City Attorney Bray stated that the City Charter 6% cap on utility rate increases was challenged in the water pipeline bond validation suit. A brief discussion ensued. Mr. Hennings added that the cost of service studies for the wastewater and gas utilities also need to be updated in order to determine which rate classes pay more than they should, and which ones pay less than they should, and whether adjustments need to be made. Mr. Martin said the City of Corpus Christi has the lowest commercial rates in the state; in fact, some cities' rates are double that of Corpus Christi's. Mr. Hennings said the next issue to be considered is the matter of some single-family residential customers and small commercial customers who use the same amount of water, but because of the existing rate structure, the commercial customer is charged less. He said about 95% of the ICL single-family customers use an average of 15,000 gallons per month or less. He said staff proposes to adjust the rate schedule so the rate will be the same for both single-family and small commercial customers who use up to 15,000 gallons per month. He discussed the approaches that could be taken to do that. Mr. Martin commented on the cost of utility service studies, pointing out that, with the exception of a few commercial accounts, residential wastewater demand usually far exceeds commercial wastewater demand. Council Member McNichols said he was aware of residential customers who used much more water (as much as 150,000 gallons) than the average residential customer, and he said that those consumers should not be given financial incentives to use such large amounts of water. Mr. Martin agreed, saying that there is a point at which the water use is purely optional and the use does not contribute to the economy; he said a person has the right to use the water, but he can pay some penalty provision for large consumption. Mr. Martin briefly discussed different examples of the complexity of rate structures. Minutes Regular Council Meeting January 7, 1997 Page 7 Responding to Council Member John Longoria, Mr. Hennings reiterated that 95% of single- family customers average less than 15,000 gallons a month. He said staff is studying the idea of reducing the rates of the customers who use less than 15,000 gallons a month so that it equals the commercial rate. He said staff would bring that information back to the Council in the near future. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, Kostoryz Road agreement with the state. Mr. Hennings said this was the first action item to implement the improvements to Kostoryz Road. Mr. R.H. Shackelford, Director of Engineering Services, said that Kostoryz Road is currently a two-lane roadway from Holly Road to Saratoga Boulevard, and plans are to widen and improve it to a four -lane road with a continuous center turn lane, as well as curbs, gutters, sidewalks and underground drainage. He said this project has been included in the Metropolitan Planning Organization's Metropolitan Mobility program, under which the city will pay 20% ($800,000) of the total cost of right-of-way acquisition, engineering and construction costs, which is estimated to be $4 million; the city is also obligated to pay for any utility relocations and adjustments. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.a. M97-001 Motion authorizing the City Manager or his designee to execute an agreement with the State of Texas, acting through its Texas Transportation Commission, setting forth responsibilities for engineering and acquisition of right-of-way for proposed improvements to Kostoryz Road between Holly Road and State Highway 357 (Saratoga Boulevard), and authorizing the deposit of $27,200 with the Texas Department of Transportation as the City's share of engineering costs. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, and J. Longoria voting "Aye"; Heldenfels, Martin, and McNichols absent. 5.b. ORDINANCE NO. 022805 Ordinance appropriating $80,000 from the Texas Transportation Commission in the No. 220 Street Capital Improvement Fund for the estimated reimbursement from the State of Texas to the City for right-of-way acquisition costs for the Kostoryz Road Improvements project between Holly Road and State Highway 357 (Saratoga Boulevard). Minutes Regular Council Meeting January 7, 1997 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, and J. Longoria voting "Aye"; Heldenfels, Martin, and McNichols absent. ************* Mayor Rhodes opened discussion on Item 6, telecommunications franchise. Mr. Shackelford said that staff wished to update the Council on the city's current fiber optic telecommunications franchise agreements. Referring to maps, he explained that four such agreements have been approved: American Communications Services of Corpus Christi Inc., KMC Southeast Corporation, CSW Communications Inc., and Caprock Fiber Network Ltd. Mayor Rhodes asked if the rights-of-way had to be dug up every time a new fiber optic network is installed. Mr. Shackelford replied that directional boring is used. Council Member Martin asked if there was a way that the city could make a correlation between these fiber optic networks and the capacity to provide cable television service. Mr. Shackelford said he was not aware of such a correlation at this point in time. Mr. Martin asked when the city's franchise with TCI Cablevision expired, and City Attorney Bray replied in 2001. Mr. Martin said he thought the city needed to begin planning for a new company which is more responsive to the community. Council Member Black complimented Mr. Shackelford for a recent memo he sent concerning the condition of streets in the downtown area. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Granting to Metro Access Networks, Inc., a non-exclusive seven-year franchise to construct, maintain, and operate in designated portions of public rights of way telecommunications facilities for the purpose of providing limited services within the city and future additions thereto. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting January 7, 1997 Page 9 Mayor Rhodes opened the public hearing on the following zoning cases under Item 7: 7.a. Case No. 1296-2. Ken Comb : A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Bass Subdivision, Block 28, Lot F, located on the south side of Sandra Lane, approximately 1,400 feet east of Airline Road. 7.b. Case No. 1296-3, Ken Combs: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Bass Subdivision, Block 28, Lot I, located on the south side of Sandra Lane, approximately 1,050 feet east of Airline Road. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Council Member McNichols questioned the subject property's access to Sandra Lane, an undeveloped residential street. Mr. Brandol Harvey, Director of Planning and Development, said the existing building (a former restaurant) on the property currently has a driveway to Sandra Lane, which is zoned `B-4." The requested rezoning is for two lots that are adjacent to the "B-4" lots. He said the business is allowed to use the existing curb cuts on Sandra Lane commercially if they choose to do so; however, the city will be more restrictive if they plan to request an additional curb cut to Sandra Lane. Mr. Harvey added that all of the property from the subject property west to Airline Road, and from Sandra Lane to Saratoga is planned to become commercial under the adopted area development plan. Consequently, Sandra Lane will eventually serve both residential and commercial uses for those properties that front on Saratoga and Sandra. He said Sandra Lane is planned to become a 28 - foot wide street within the current 50 -foot right-of-way. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 022806 Amending the Zoning Ordinance upon application by Ken Combs, by changing the Zoning Map in reference to Bass Subdivision, Block 28, Lot F, from "R -1B" One -family Dwelling District to `B-4" General Business District. 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." Minutes Regular Council Meeting January 7, 1997 Page 10 7.b. ORDINANCE NO, 022807 Amending the Zoning Ordinance upon application by Ken Combs, by changing the Zoning Map in reference to Bass Subdivision, Block 28, Lot I, from "R-1 B" One -family Dwelling District to "B-4" General Business District. 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 8 through 15, and Council Members requested that Items 10, 11, and 14 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M97-002 Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-97-2 for food items which include canned and frozen fruit and vegetables, meats, condiments, etc. for an estimated six month expenditure of $75,677.44 based on low bid. The term of the agreements shall be for six months with an option to extend for up to an additional three months, subject to the approval of the suppliers, the Coastal Bend Council of Governments, and the City Manager or his designee. Funds are budgeted in FY 96-97 by Senior Community Services. McClane Foods San Antonio. TX. $13,195.60 Sysco Foods Corjus Christi. TX. $41,803.76 Grand Total $75,677.44 U.S. Foods San Antonio. TX. $20,678.08 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 9. M97-003 Motion approving a supply agreement for an estimated 38,000 hours of temporary custodial Minutes Regular Council Meeting January 7, 1997 Page 11 services for the Convention Center and Coliseum in accordance with Bid Invitation No. BI - 0060 -97 with Interim Personnel of Corpus Christi, Inc., Corpus Christi, Texas, based on the low bid of $251,459.80. The term of the contract will 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 for 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." 12. FIRST READING ORDINANCF Amending the City Code of Ordinance Chapter 53 - Traffic, Article VIII - Schedules, Section 53-254, Schedule V - Increase in State Speed Limit in Certain Zones, by establishing speed limits on the following street sections: Airline Road: from Saratoga Boulevard to Rodd Field Road - 45 mph at all times; and from Rodd Field Road to Yorktown Boulevard - 35 mph at all times. Rodd Field Road: from Saratoga Boulevard to Airline Road - 50 mph at all times; and from Airline Road to Yorktown Boulevard - 45 mph at all times. Yorktown Boulevard: from Sweetbay Drive to Staples Street - 45 mph at all times. 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." 13. ORDINANCE NO. 022809 Ordinance authorizing the City Manager or his designee to terminate the Lease with ERA Aviation, Inc. for 300 square feet of office space in Hanger One at the Corpus Christi International Airport, which was authorized on July 16, 1996 by Ordinance No. 022632. 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." 15.a. ORDINANCE NO.022812 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 second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting January 7, 1997 Page 12 15.b. ORDINANCE NO. 022813 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 second 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 10, supply agreement for sandy loam. Responding to Council Member McNichols, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said that this sandy loam will specifically be used for top dressing of areas that are not in pavement in utility easements and other areas where vegetation growth is desired. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M97-004 Motion approving a supply agreement with Haas Resources, Corpus Christi, Texas for Sandy Loam in accordance with Bid Invitation No. BI -0011-97 based on only bid meeting specifications for an estimated annual expenditure of $25,575. The term of the contract will 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 have been budgeted by Water, Wastewater, Gas and Park Maintenance in FY 96-97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 11, marine archeology repository. Council Member Martin asked where in the resolution it states that the Council is not committing to any additional city expenditures if the Corpus Christi Museum of Science and History is designated as the marine archeology repository for Texas. City Manager Hennings replied that Minutes Regular Council Meeting January 7, 1997 Page 13 the resolution does not explicitly give that assurance; however, staff is hopeful that the resolution will help persuade the Texas Legislature to make the city a partner in the project and provide funding for it. Mr. Tom Utter, Assistant City Manager for Development Services, said that if there was to be an expenditure of funds in the future, it would have to be approved by the Council. He said the resolution is asking that the Corpus Christi Museum receive the designation from the state as the marine archeology repository because the city already has an existing program --it would be less expensive for the state to expand on this program than to duplicate it in a new museum in Austin. Mr. Hennings added that it is staff's intention that this project not obligate the city to spend any more city funds on it. Council Member McNichols cautioned against wrangling with Lt. Gov. Bob Bullock on this issue, and Mr. Hennings agreed. He said the city wants to be a cooperative partner, and staff believes that Lt. Gov. Bullock will view the city's proposal as being advantageous to the state; if he does not agree, then staff will not pursue it. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION NO. 022808 Resolution approving designation of the Corpus Christi Museum of Science and History as the Marine Archeology Repository for the State of Texas, including state funding for Marine Conservation, as a Corpus Christi City Council legislative priority for the Seventy -Fifth Legislature. The foregoing resolution passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 14, softball program leases. She made a motion to amend Item 14.b. to delete the words "one-year lease" and replace them with the words "ten-year lease with a ten-year option to renew." Council Member Heldenfels 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: Minutes Regular Council Meeting January 7, 1997 Page 14 14.a. ORDINANCE NO. 022810 Authorizing the City Manager or his designee to execute an amendment to the 3 -year lease with Corpus Christi Softball Association to provide softball programs at Jaycee Field (S. Staples and Kostoryz) and Kiwanis Field (Timon Boulevard) authorized by Ordinance No. 022251, dated June 13, 1995, by changing the field locations from Jaycee and Kiwanis to the Yellow and Green Fields at the Greenwood Softball Complex to allow the City to lease Jaycee Field to CCISD for Girl's Fast Pitch Softball programs. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14.b. ORDINANCE NO. 022811 Authorizing the City Manager or his designee to execute a ten-year lease with a ten-year option to renew with Corpus Christi Independent School District (CCISD) to provide Girl's Fast Pitch Softball at Jaycee Field (S. Staples and Kostoryz) in consideration of CCISD maintaining and improving Jaycee Field. The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section 551.071 regarding Stephen A. Hines, et al v. City of Corpus Christi, No. 93-2692-C, 94th District Court, Nueces County, Texas, with possible action in open session. The Council went into closed session. The Council returned from closed session. Mayor Rhodes made the following motion: Motion authorizing the City Manager to execute settlement documents settling the case of Stephen A. Hines, et al v. City of Corpus Christi, No. 93- 2692-C, 94th District Court, Nueces County, Texas, in accordance with the agreement negotiated by the City's attorneys, subject to appropriation. The motion was seconded, and it passed (Martin voting "No"; Heldenfels absent). M97-005 * * * * * * * * * * * * * Minutes Regular Council Meeting January 7, 1997 Page 15 Mayor Rhodes called for the City Manager's report. Mr. Hennings stated that the Commission on Children and Youth was preparing a report on the issue of youth violence, and would present it to the Council at an upcoming meeting. He added that a ribbon -cutting ceremony would be held for the completed portion of the Holly Road improvements, as well as a ground breaking for the next phase of the improvements. At the next Council meeting there will be a presentation on Operation Clean Sweep, which involves demolition of some "crack houses," and there will be a public hearing and construction contract awards for the Del Mar area street improvement projects. Mr. Hennings added that staff had sent the Council a proposal concerning the water releases that they will make to the Nueces Estuary Advisory Council (NEAC) on January 15, 1997. He said staff is asking NEAC to support their recommendation that no releases be required when the lake levels are less than 40%. He said they are asking that the recommendation be forwarded to the Texas Natural Resource Conservation Commission (TNRCC) as soon as possible. He said it would be helpful if the Council members could attend the NEAC meeting. Mr. Hennings said there was a news story the previous night about the new fire station on Staples at Doddridge, which has some construction deficiencies. He said the construction is still under warranty, and the contractor has stated that he will make repairs to the tile work and the sewer line. In her report, Mayor Rhodes thanked the Merrill Lynch Company for allowing clients from the senior citizen centers to use their phone lines free of charge during the Christmas holidays. The Mayor then called for Council concerns and reports. Council Member Martin asked when the issue of the Municipal Court fines would be discussed again. Mr. Hennings replied that it should be in the next two weeks. Referring to the water release issue, Mr. Martin said he thought the proposal was well written, but it was being made to deal with a problem of perception of the amount of water being released; it will not provide the city with any significant amount of water. Council Member John Longoria requested that the Commission on Children and Youth's draft document be forwarded to the Council so they can review it prior to the Council discussing it. He commented on the speed in which construction began on the first part of the Gateway Project after the Council approved it. Mr. Longoria also requested information on the bidder for the water pipeline construction project. Council Member Cooper said she understood that electricity at the Corpus Christi International Airport went off yesterday about 10 a.m., and she noted that it was difficult to find a coin-operated public telephone at the airport. Mrs. Cooper also said she had recently traveled to England, and she thanked Mr. Michael Flores, Chairman of the Sister City Committee, for helping Minutes Regular Council Meeting January 7, 1997 Page 16 to arrange a visit with a representative of the City of Gillingham, which may be interested in becoming a Sister City. She also announced a meeting of the Mayor's Task Force on Youth Violence on January 21, 1997, and Mr. Steven Nawojczyk will be the speaker. She thanked Ms. Laurie Cook and Ms. Susan Cable for their assistance. * * * * * * * * * * * ** Mayor Rhodes called for petitions from the audience. Mr. Buck Sosa, President of the local Firefighters Association Local 936, said this was the third time that members of the union have been present prior to and during City Council meetings. He discussed a particular case involving a firefighter's wife and questions regarding health insurance. He said there were several other items delineated in a recent letter that they wanted the Council to address Mr. Neal Trolinger said he has made several requests for public information, but he said it has been difficult receiving that information. He said one request for information pertained to the water pipeline project. He also referred to a conversation he had had with an official from the Environmental Protection Agency some months ago concerning compliance with regulations to reduce pollution in the bays and estuaries; he requested more information on that issue. Mr. Carlos Torres, External Vice President of the Firefighters Association Local 936, said that due to attrition, the 30 -member Fire Academy was not large enough to meet staffing concerns. He expressed concerns about the safety of the training field and he requested a response from staff as soon as possible. He said the Firefighters Association does not intend to negotiate their contract with the Council, but rather in the appropriate place with the City Manager present. Mr. Torres said he believes his request to place the Firefighters Association on the agenda is in the public's interest, because they have concerns about lack of staffing, shortage of EMS units, inadequate training facilities, morale problems, and other issues. Mrs. Dorothy Spann said she had requested the audio tapes of the public hearings of the City Charter Revision Commission, and she said she hoped they were of adequate sound quality. She said there needed to be more discussion about the proposed Charter amendments. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:05 p.m. on January 7, 1997. * * * * * * * * * * * * *