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HomeMy WebLinkAboutMinutes City Council - 04/08/1997I 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 April 8, 1997, which were approved by the City Council on April 15, 1997. WITNESSETH MY HAND AND SEAL, this 15th day of April, 1997 Armando Chapa City Secretary SEAL MICRUFILMEU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 8, 1997 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Dr. David McNichols City 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 Council Member Best, following which the Pledge of Allegiance to the flag of the United States was led by Matt Crow and Charlotte English, first grade students from St. James Episcopal School of Corpus Christi. 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 March 25, 1997, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the presentations on the day's agenda. First, the Mayor read a proclamation designating April 8, 1997, as "Project Redirectory Day" in Corpus Christi. Mr. Andres Leal, Director of Solid Waste Services, introduced Mr. Jeff Jung, of Southwestern Bell Telephone. Mr. Jung said this is the sixth year that Southwestem Bell is participating in Project Redirectory, the purpose of which is to recycle telephone directories to save landfill space and reduce the demand for virgin timber. He said since this project began, over 200,000 tons of paper has been recycled. The Council members then deposited their telephone directories into a city recycling bin. Mr. Jung introduced Mr. John Bretz, Area Manager for Southwestern Bell Yellow Pages, who presented to the city a framed copy of this year's cover of the telephone directory, depicting in a montage the accomplishments of Dr. Hector P. Garcia. Minutes Regular Council Meeting April 8, 1997 Page 2 Mayor Rhodes presented certificates of commendation to faculty and students of Tom Browne Middle School for their participation in a water efficiency project. Ms. Yolanda Marruffo, Administrative Assistant in the Water Department, explained that a major part of the city's water conservation program focuses on classroom education. She said that nearly 300 students at Tom Browne installed a water savings kit in their home, monitored their family's water use, and prepared a report of their findings. The cumulative savings amounted to 20,000 gallons of water saved per week. Attending the Council meeting to accept the certificates were Mr. Raymond Davis, Principal of Tom Browne Middle School, Ms. Karen Del Rio and Carol Billings, eighth grade science teachers, and 58 Browne Middle School students. Council Member Cooper, Chairperson of the Mayor's Task Force on Youth Violence, distributed a total of $8,000 in grants to grassroots organizations involved in helping youth. She said the majority of the funds were donated by attorneys. The organizations which received grants of $1,000 each were: American Little League, Campaign for Children, Community Center Youth Council, Corpus Christi Young Marines, Homies in Christ, NAACP Youth Council, Southside Gulf Coast Girls Fastpitch League, and Street City Youth Outreach. ************* Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointment was made: Civil Service Board and Commission Rixio Medina * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, concerning the general election and the runoff election for the City Council. The Mayor stated that she and City Secretary Chapa had the election results available in order to canvass the returns of any specific precincts. A Council member requested that the returns from Precinct 65 be verified, which the Mayor and Mr. Chapa did; there were no discrepancies. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 022884 Ordinance canvassing returns and declaring the results of the General Election held on April Minutes Regular Council Meeting April 8, 1997 Page 3 5, 1997, in the City of Corpus Christi, for the purpose of electing the Mayor and Council Members. 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." 3.b. ORDINANCE NO. 022885 Ordinance ordering a runoff election to be held on April 19, 1997 in the City of Corpus Christi for the election of Mayor and Council Member District 2; designating polling place locations; enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, effluent diversion demonstration project. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that a previous wastewater planning study concluded that it may be beneficial to redirect wastewater flows from their current outfalls into the Nueces Estuary instead, which would provide beneficial nutrients in the estuary. In 1994, such a effluent diversion pilot project was included in the capital improvements program. Referring to an aerial photograph of the Nueces Estuary, Mr. Crull said that effluent from the Allison Wastewater Treatment Plant currently discharges into the Nueces River. The proposed project would provide a lift station and a pipe underneath the Nueces River to a dispersal area adjacent to the railroad tracks and into the estuary. He said permits had to be acquired from the Corps of Engineers and the Texas Natural Resource Conservation Commission (TNRCC), which took some time. There were also problems with access to the site, but an access easement has been negotiated with the owner of the adjacent property. Mr. Crull said staff is recommending the appropriation of additional funds because this project was a little more expensive than they anticipated. They are also recommending the approval of the contract to West Oaks Constructors Inc. and execution of the access easement. Council Member McNichols asked what other projects West Oaks Constructors has completed for the city. Mr. Crull replied that the company completed the Saky Street lift station and Minutes Regular Council Meeting April 8, 1997 Page 4 force main renovation project on time. Staff also received good recommendations from the City of Houston for work they had done there. Dr. McNichols also asked if there were any environmental concerns to consider with this project. Mr. Crull said the Nueces River will be crossed using directional drilling; in addition, a caliche road leads to the site which will not involve environmental damage in that respect. He added that the planning study recommended a five-year monitoring period, and the city has entered into an agreement with the University of Texas Marine Science Center for the first year of monitoring. He said the monitoring period should be reassessed as the project gets underway. Mr. Crull also briefly discussed the monitoring process and projected water savings. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4.a. ORDINANCE NO. 022886 Ordinance appropriating $125,000 in accumulated interest earnings from the No. 205 Water Capital Projects Fund; amending Ordinance No. 022742, which adopted the FY 96/97 Capital Budget by adding $125,000 to the No. 205 Water Capital Projects Fund as supplemental funding for the Allison Wastewater Treatment PlantlNueces Estuary Effluent Diversion Demonstration Project. 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. 4.b. M97-073 Motion authorizing the City Manager or his designee to execute an Access Easement valued at $15,000 with Mr. John S. McGregor for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 4.c. M97-074 Motion authorizing the City Manager, or his designee, to execute a contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison Wastewater Treatment Plant/Nueces Bay Effluent Diversion Demonstration Project. Minutes Regular Council Meeting April 8, 1997 Page 5 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, lease agreement with Conquest Airlines. City Manager Hennings said this item is a standard lease renewal being undertaken for all of the airlines at the Corpus Christi International Airport; however, this case involves Conquest Airlines, which is in bankruptcy and reorganization. He said city staff has been negotiating with Conquest staff to structure an agreement that would best position the city in case Conquest goes into liquidation. He said city staff is hopeful the airline will sign the lease, and staff may be proposing some amendments to the lease prior to second reading of the ordinance in four weeks. In response to Council Member McNichols, Mr. Hennings said city staff had been negotiating for some time with the Airline Committee (which consists of representatives of the airlines that serve the city's airport) on the format of the new lease agreement. He noted that there was a proposed lease agreement with American Eagle on the day's agenda which, when finally approved, would finalize the five-year agreements with all the airlines (with the exception of Conquest Airlines). Dr. McNichols questioned why there was a time lag in getting the leases approved by the airlines. Ms. Bonnie Allin, Director of Aviation, explained that it was a matter of gathering the members of the Airline Committee together to meet. She added that there were no problems with the negotiations. Council Member Heldenfels asked why the two leases on the day's agenda were to execute "approximately" a five-year lease. City Attorney Bray explained that the lease term was for a little less than five years. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute approximately a five-year lease ending December 31, 2001 with Conquest Airlines Corporation for ticket counter space, office space, apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total $4.06 per enplaned passenger; specifying that lease rents, fees, and charges are adjustable annually based on a fixed formula; and providing for publication. Minutes Regular Council Meeting April 8, 1997 Page 6 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. * * * * * * * * * * * * * Prior to opening the public hearing on Item 6, Mayor Rhodes asked if Item 7 was being postponed. Mr. Hennings replied that since the extraordinary vote rule is in effect prior to the new City Council being seated, the Council had instructed staff to ask each of the applicants if they wished to have their zoning cases postponed. He said Mr. Zeke Serna, the applicant for Case No. 397-1, had asked that his zoning case be postponed until the new Council is seated on April 22, 1997. The Mayor then opened the public hearing on the following zoning case: 6. Case No. 297-4. ADHUB. L.L.C.: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District on Industrial Heights Section 2, Block 2, Lots 1 and 2, located on the west side of Corn Products Road, approximately 850 feet south of Leopard Street. Mayor Rhodes said the 20% rule was in effect, which she asked Mr. Brandol Harvey, Director of Planning and Development, to explain. He said state law requires the city to notify people who own property within 200 feet of the subject property. If those who control 20% of that area oppose a rezoning, it takes a three-quarters vote of the Council to change the zoning. He said the same holds true for the subject zoning case itself: if owners controlling 20% of the property being rezoned object, it would also take three-quarters vote of the Council to change the zoning. The Mayor said the Planning Commission and staff recommended approval of Case No. 297-4. Mr. Harvey explained that the subject property, which consists of about 331/2 acres, is located on Corn Products Road and is currently zoned "I-2," as is all of the adjacent property and most of the property in that area. The original rezoning request was for "I-3" to accommodate a hazardous waste holding plant. Under that proposal, if the property was rezoned "I-3," the case would also have to have an objectionable use review by the Zoning Board of Adjustment (ZBA). Mr. Harvey said that at the first public hearing before the Planning Commission, there was substantial public discussion specifically about the hazardous waste proposal, which was ultimately withdrawn. However, the applicant did wish to pursue the zoning case, and his second proposal was to accommodate a metals fabrication plant that would support the local refineries. He said depending on the type of metals fabrication, it is allowed under the current "I-2" zoning, although the applicant felt that "I-3" zoning would be needed for the type of metals fabrication use being proposed. Mr. Harvey said that in order for a property owner to be granted an objectionable use, the ZBA must determine that adjacent properties and health, safety and welfare are not adversely Minutes Regular Council Meeting April 8, 1997 Page 7 impacted. Mayor Rhodes reiterated that the applicant was not requesting the objectionable use at this time, but he was requesting a change of zoning to "I-3." Mr. Harvey then referred to a video and maps of the subject and adjacent properties, which he described. He said the area development plan recognizes that area as an industrial area and calls for industrial zoning. He said the policy statements call for small-scale "I-3" zoned tracts which would not be limited just to "refinery row." The Mayor asked if the applicant could operate a metals fabrication company with the current "I-2" zoning, and Mr. Harvey said it depended on the type of metals fabrication being proposed. Responding to Council Member Betty Jean Longoria, Mr. Harvey said there were other pieces of "I-3" property near the subject property. Mrs. Longoria said several people have expressed concern about the location of "I-3" property south of IH -37 and south of Leopard Street, and she shared their concern. In reply to Council Member Martin, Mr. Harvey said the Planning Commission did not vote on the proposed hazardous waste use, but the tone of that public hearing was that the citizens were opposed to it. Mr. Martin pointed out that when property is rezoned, different uses are allowed under that zoning classification, and the hazardous use issue has to be determined by the Zoning Board of Adjustment. He asked if, as long as the business did not have an objectionable use, "I-2" with a special permit could accommodate any type of metals fabrication, and Mr. Harvey said that was correct. Council Member McNichols asked if anyone was planning to build a sexually oriented business on the subject property, and Mr. Harvey said that staff was not aware of any such plans, adding that that use would require "I-3" zoning. He reiterated that there are "I-3" uses which are allowed as a matter of right, and there are other uses that are considered objectionable uses that require the additional approval of the ZBA. Mr. Harvey added that the beneficial aspect of a special permit is that it could address specifics of a proposed use, including physical layout, access, buffer yards, etc., and if that use stops, then the base zoning is applicable. Replying to a question from Council Member John Longoria, Mr. Harvey said that if the property was rezoned "I-3" and if at some time in the future the applicant wished to propose an objectionable use, there would have to be a public hearing before the Zoning Board of Adjustment. In response to Council Member Black, Mr. Harvey said the case before the Council was a request for a rezoning to "I-3," which is not necessarily use -specific. Council Member Heldenfels said he did not object to the rezoning request. Minutes Regular Council Meeting April 8, 1997 Page 8 Mr. Clark Flato, 500 N. Water, said he was representing the applicants, Mr. Robert Adler and Mr. John Hubbard. He said the initial application regarded the All Waste facility, which is currently located in Clarkwood. He said that due to extensive objection at the public hearing, the representatives of All Waste said they would not proceed with their proposal. Mr. Flato said the applicants' request for rezoning to "I-3" now concerns the possibility of opening a facility to build heavy oil -related equipment, which would not entail the use of hazardous materials. Mr. Flato went on to describe historical and current uses of the properties in that area, as well as some of the business ventures of the applicants. Responding to Mayor Rhodes, Mr. Flato said the applicants showed the Director of Aviation the plat and plans for the proposed business to ensure that it did not conflict with the airport's existing or anticipated operations. Mr. Harvey said that if the proposed use is to construct derricks and structures that weigh more than five tons, then "I-3" zoning would be required. Referring to comments Mr. Flato had made, Mr. Martin clarified that a special permit could be granted for the subject property for all permitted "I-3" uses except certain uses that would be specified; therefore, a site plan would not be required in this case. Dr. McNichols added that the special permit could be structured to accommodate future growth on the property while still specifying certain set -backs. Mr. Robert Adler, President of ADHUB, L.L.C., said he would never allow any company to come onto his property that would contaminate it or create a hazard. He said he was not proposing to open a sexually oriented business or a hazardous waste business, and he would support "I-2" zoning with a special permit. Mr. William Brumley, 6105 Leopard, said he had strongly opposed the original proposal for a hazardous waste holding plant. Now that the proposed use has changed, he said he also would support a special permit for the existing "I-2" zoning as long as it specified that hazardous materials would not be allowed. Mr. Marty Berry, of Basic Equipment Company, which owns property in the area, said he opposed the rezoning request for "I-3" but he would support the special permit with "I-2" zoning. Mr. Jim Anderson, of Anderson Machinery Company, said he would support a special permit for a specific use as expressed by the previous speakers. Mr. Charles V. Walker said he vehemently opposed the rezoning request. Mayor Rhodes asked if he would support a special permit on the "I-2" property, and Mr. Walker said he might if there was a site plan and if he knew what the proposed use would be. Minutes Regular Council Meeting April 8, 1997 Page 9 Mr. Leon Perez said the city needed more businesses which provide jobs. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Mr. Martin said staff should design a special permit that would be reviewed by the applicants and those who objected under the 20% rule that could accomplish the Council's wishes. Mr. Martin made a motion to table this zoning case to next week's Council meeting; the motion was passed unanimously. In response to Mrs. Longoria, Mr. Harvey said there were many businesses with "I-3" uses that only need a small amount of land in which to operate. Mr. Martin pointed out that special permits could be used to allow for such small businesses to operate POSTPONED Amcnding the Zoning Ordinancc upon application by ADIIUB, L.L.C., by changing the Zoning Map in rcfcrcncc to Industrial I Icights Scction 2, Block 2, Lots 1 and 2 from "I 2" Light Indust.:al Di3t.iet to "I 3" Ileavy I..duat.:al D:A.:tt, Y.uv;d:,,g-fr„ pub' icat:.,.r ************* Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 397-1. Zeke Serna: A change of zoning from an "AB" Professional Office District to a `B-1" Neighborhood Business District on Lena Pearse Addition, Block 1, Lot 2, located on the southeast corner of Fannin and Ayers Streets. Council Member Martin made a motion to table this zoning case until April 22, 1997, seconded by Council Member Betty Jean Longoria, and passed unanimously. POSTPONED Map in rcfcrcncc to Lcna Pcarse Addition, Block 1, Lot 2 from "AB" Profcssional Office Dist.:ct to "B 1" Neighborhood Buai..ess District; providing -fors lieatioi.. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: Minutes Regular Council Meeting April 8, 1997 Page 10 8. Case No. 397-2, Jose Guadalupe Fernandez: A change of zoning from an "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District on Highway Village No. 2, Block 11, being the south portion of Lot 10, located on the north side of Mobile Drive, approximately 100 feet west of Robby Drive. Mayor Rhodes said the 20% rule was in effect, and the Planning Commission and staff recommended approval of the zoning change. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Responding to Council Member Martin, Mr. Harvey stated that Villa Residential Care located to the south of the subject property had sent a letter of opposition to the zoning change. At the Planning Commission public hearing there was some discussion about their concerns. Villa Residential Care then received a notice about the Council public hearing on this case, and they did not send a notice of opposition, but they did not withdraw their original opposition and they were the only adjacent property owner to object. Mr. Martin asked about the uses of the property to the west and east of the subject property, and Mr. Harvey said they were single-family residences. Mr. Martin asked if this zoning request was to legitimize the existing parking lot behind Taqueria Guadalajara, and Mr. Harvey said it was. Mr. Martin said that the Council could grant the use for a parking lot with a special permit, and then deal with the rezoning of the property in the future when the neighborhood has begun to transition from residential use. Mr. Harvey said from the staff's and Planning Commission's point of view, this rezoning and the disparity in uses is not as great as some other zoning cases. He said "B-1" is designed to be allowed next to and within residential areas City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022887 Amending the Zoning Ordinance upon application by Jose Guadalupe Fernandez, by changing the Zoning Map in reference to Highway Village No. 2, Block 11, being the south portion of Lot 10 from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business 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." * * * * * * * * * * * * * Minutes Regular Council Meeting April 8, 1997 Page 11 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 23, and Council Members requested that Items 13 and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 9. M97-075 Motion approving a supply agreement for approximately 893 replacement batteries for Ericsson G.E. portable radios in accordance with Bid Invitation No. BI -0107-97 with Battery Network, McHenry, IL., based on the low bid of $50,821.05. The term of the contract will be twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments for FY 96/97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 10. M97-076 Motion approving a purchase of 30 vehicle detection cameras and 2 vehicle detection systems from the following companies for the following amounts, in accordance with Bid Invitation No. BI -0098-97 based on low bid for a grand total of $81,580.50. These cameras and systems will be used by Street Services. Funds are budgeted in FY 96/97 by Street Services. Gillard, Inc. Econolite Control Products, Inc. Corpus Christi. Tx. Tomball. Tx Vehicle Detection Cameras Vehicle Detection Systems $41,854.50 $39,726.00 Grand Total - $81,580.50 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 11. M97-077 Motion approving a supply agreement for approximately 2,700 tons of pebble calcium oxide in accordance with Bid Invitation No. BI -0072-97 with APG Lime Corp., New Braunfels, Texas, based on low bid, for an estimated annual expenditure of $132,705. The term of the contract will be 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. Minutes Regular Council Meeting April 8, 1997 Page 12 This chemical is used by the Water Department for the treatment of our water supply. Funds have been budgeted in FY 96/97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 12. M97-078 Motion approving a supply agreement with Centerline Ind. Inc., Ennis, Tx., in accordance with Bid Invitation No. BI -0112-97, for approximately 13,000 gallons of pavement marking paint based on low bid for an estimated annual expenditure of $72,430.00. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City manager or his designee. Funds are budgeted in FY 96-97 by Street Services. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 14. M97-080 Motion approving Change Order No. 7 in the amount of $243,757.75 to Abhe & Svoboda, Inc. for modifications to the electrical system, painting of 60 crest gate operators, shafts, hoists, etc., and two (2) temporary bulkheads in connection with the Wesley Seale Dam Spillway Crest Gate and Sluice Gate Rehabilitation Project. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 16. M97-082 Motion authorizing the City Manager or his designee to execute a contract in the amount of $74,850 to Industrial Service USA for the Wastewater Clean-out Installation Program - 1996/97. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 17. M97-083 Motion authorizing the City Manager or his designee to execute a contract in the amount of $36,700 to COF Corporation for the Whitecap Wastewater Treatment Plant Bulkhead Repair. Minutes Regular Council Meeting April 8, 1997 Page 13 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 18.a. M97-084 Motion approving the reimbursement application submitted by Paul P. Swetish, owner and developer of Cedar Grove Subdivision, Lot 15, Block 1, for the installation of 78.5 linear feet of an off-site 8 -inch PVC sanitary sewer collection line extension with oversized improvements. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 18.b. ORDINANCE NO. 022888 Ordinance appropriating $5,375.85 from the unappropriated balance in the No. 145 Sanitary Sewer Collection Line Trust Fund to pay Paul P. Swetish's developer reimbursement request for installing off-site sanitary sewer improvements to develop Lot 15, Block 1, Cedar Grove Subdivision. 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 absent. 19.a. ORDINANCE NO. 022$89 Ordinance appropriating $45,000 from the unappropriated fund balance in the No. 245 Airport Capital Projects Fund; amending the FY 96/97 Capital Budget, adopted by Ordinance No. 022742, to add the Runway 13/31 Repairs/Drainage project to the Airport Program and to add $45,000 to the No. 245 Airport Capital Projects Fund as funding for engineering design services and incidental expenses related to the project. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 19.b. M97-085. Motion approving Amendment No. 11 to the Contract for Engineering Services with Russell- Veteto Engineering, Inc. in the amount of $43,520 for preliminary design phase services associated with the Runway 13/31 repair/drainage project at the Corpus Christi International Minutes Regular Council Meeting April 8, 1997 Page 14 Airport, for a new contract total of $929,895. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 20. FIRST READING ORDINANCE Amending the Code of Ordinances, by amending Chapter 17, Finance and Taxation, Article I, Section 17-6, Insurance on Private Vehicles Used by City --Required, to provide that the City Manager is authorized to execute such instruments as are necessary for the City to self - insure privately owned motorcycles operated by police officers during the performance of their duties or during approved off-duty assignments. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 21. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute approximately a five-year lease ending December 31, 2001 with Simmons Airlines, Inc. dba American Eagle Airlines, Inc. for ticket counter space, office space, gate space, apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total $4.06 per enplaned passenger and are adjusted annually based on a fixed formula; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 22. FIRST READING ORDINANCE Amending Code of Ordinance 2-75; Membership; Terms and Filling Vacancies, to change the number of Library Board members from 12 to 10; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 23. ORDINANCE NO. 022890 Authorizing the City Manager or his designee to execute a sixty -year Lease Contract with Dr. Luke Underhill, DDS, to construct, install, occupy and maintain an all steel and concrete open air balcony and a canopy structural system within a 10 -foot wide concrete sidewalk that Minutes Regular Council Meeting April 8, 1997 Page 15 is part of the Peoples Street right-of-way (ROW) at 415 Peoples Street; Underhill must pay $395.93 for the first five (5) year lease payment; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 13, cost allocation plan. Responding to Council Member McNichols, City Manager Hennings said that in 1992 the city advertised for proposals for the preparation of a full -cost plan and an A-87 plan. David M. Griffith and Associates Ltd. (DMG) submitted the only proposal and has been preparing the plan since then. He said staff was recommending that the city issue requests for proposals to let other firms compete for this work. He added that there are only a few firms which specialize in this work, and there are no local companies which do so. Council Member Martin asked about the size of the contract. Mr. Hennings replied that it is $20,000. Mr. Martin asked if staff was satisfied with DMG's performance, and Mr. Hennings said they had done a good job but they were not the only firm that performed this work. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. M97-079 Motion authorizing the City Manager to solicit proposals from out-of-town consultants for those professional services required to prepare an A87 Cost Allocation Plan, Full Cost Budget Plan, and Internal Service Fund Allocations. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, well rehabilitation. Council Member McNichols asked when the city's wells come on line, and how much additional water they supply. Mr. Crull said that since last fall, the city has been operating about eight wells at a time, which produce about 8 million gallons per day (MGD). Dr. McNichols pointed Minutes Regular Council Meeting April 8, 1997 Page 16 out that the operation of the wells has not had a major impact on the area's total water supply because it is still at about 30% of capacity. Mr. Crull explained that as the fresh water is pumped out of the aquifer, salt water intrusion results and the water quality of the wells deteriorates. He said the Trans -Texas Study identified the well system as an affordable but short-term water supply for those reasons. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M97-081 Motion to award a construction contract in the amount of $115,640 to Layne -Texas (a division of Layne Inc.) for the rehabilitation of Corpus Christi Well No. 1, Corpus Christi Well No. 4 and Boy Scout Well. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes announced the closed session, pursuant to the Texas Government Code, Section 551.071, regarding the following matters: Onesimo Cruz, et al v. City of Corpus Christi et al, Case No. 89-4954-0, 105th District Court, Nueces County, Texas; Pascual J. Arnal and the Corpus Christi Police Officers Association v. City of Corpus Christi, Case No. 95-5591-H, 347th District Court, Nueces County, Texas; and Betz v. City of Corpus Christi, Case No. 93-177-C, 94th District Court, Nueces County, Texas. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings announced that there would be a public ceremony to kick off construction of the Lake Texana pipeline at the Bayfront Plaza Convention Center at 1:30 p.m. Friday, April 11. He then asked Mr. Crull to update the Council on the status of the area's water supply. Mr. Crull said that from April 1-8, about 10,000 acre-feet of inflow was received into the reservoirs, resulting in an increase in the total capacity from 29.4% to 31.4%; last year the reservoirs Minutes Regular Council Meeting April 8, 1997 Page 17 were at 37% of capacity. He added that salinity levels in Nueces Bay dropped after a heavy rain last week, but they have increased again, and it did not appear that the city would qualify for the salinity credit. Mr. Hennings reported that on April 30th, the TNRCC will hear the city's request to change the operating order for the lakes so that the city would not have to release water to the estuary during a drought. He said city staff plans to make a strong presentation during that meeting in Austin, and they anticipate opposition from the TNRCC staff and the Texas Parks and Wildlife Department. On the other hand, he said, the city does have support from others. The Commission Chairman has recused himself from that discussion, so only two Commissioners will be making that decision. City Attorney Bray discussed the Central Power and Light (CPL) rate case. The Public Utility Commission (PUC) has stated its intentions, but there will be opportunities for parties to file motions for rehearings. He said the thrust of the decision is that, whereas CPL was asking for about a $70 million increase in rates (which were bonded in about a year ago), the PUC actually is reducing rates by about $20 million, which will have a retroactive effect, resulting in rates being about 13.5% lower than current rates. He noted that the City Council had authorized Corpus Christi to participate with the group of cities within CPL's territory in this rate case. Mr. Hennings referred to news stories about the Lighthouse Restaurant's lease. He said they are now into the default procedure under the lease, and the lessee is requesting an amendment to the lease. That proposal was discussed by the Water/Shore Advisory Committee recently, which did not support it. He said the proposal is scheduled to be discussed by the Council on April 29th. Related to that issue, Mr. Hennings said the marina bait stand's lease expires in May, and the bait stand's structure is deteriorated and needs to be replaced. He said staff will be recommending that the city construct a new bait stand facility and extend the lease with the present operator through the construction period, at which time the Council would decide whether to negotiate a new lease with that operator or request proposals for a lease for the operation of the bait stand. Mr. Hennings said he met with the operator and discussed this issue. It was his understanding that there was no disagreement about that approach, and the operator may make some different proposals about expanding the food and beverage component of the business. Mr. Hennings said the default procedure is also in place with the Frost Brothers building. The target date for construction on that project was December 1996 and the current owner is in the process of selling her interest to an organization from Dallas. He said they are preparing to ask the Council to approve the sale to the new owners and implement a new construction schedule. Mr. Crull also updated the Council on the construction yards located on the Louisiana Parkway. He said Council Member Black and several city staff members met with several residents about that issue. In addition, the legal staff prepared an opinion concerning construction vehicles Minutes Regular Council Meeting April 8, 1997 Page 18 in and around Louisiana Parkway; and Mr. Malcolm Matthews, Director of Park and Recreation, met with residents to discuss the possibilities of improvements to the parkway once the construction yards are removed upon completion of the Del Mar project. Referring to the legal opinion, Mr. Bray said the first ordinance pertained to vehicles on parks, parkways and medians. He said Mr. Michael Scanlon, Assistant City Attorney, researched the history of that ordinance, and it basically does not prohibit use of the parkway area (which is part of the right-of-way) for temporary use for construction within the neighborhood. The second ordinance prohibits trucks of a certain size from being on certain areas, including Louisiana Avenue, Ocean Drive, and Shoreline Boulevard. That ordinance is in conjunction with another ordinance that prohibits those size of vehicles from being on any residential street other than arterial streets. He said it is the Legal Department's opinion that it is not the intention of those ordinances to prohibit trucks from being present with respect to a street construction project. If the ordinances were construed that way, it would create the unreasonable result that construction projects could not be undertaken on residential streets in the city. * * * * * * * * * * * * * In the Mayor's update, Mayor Rhodes said she would reappoint Suzel Mendieta and Len Brandrup to the Housing Authority board. In addition, Augustin Rivera Jr. has resigned from that board. She said out of deference to the new Mayor who will be seated in two weeks, she will not make that appointment but let the new Mayor do so. Mayor Rhodes then called for Council concerns and reports. Council Member John Longoria said the Crosstown Expressway has been repaired recently but it continues to deteriorate, as does Padre Island Drive at Greenwood. He said there was flooding last week in the Los Encinos neighborhood, and a neighborhood meeting is planned for April 8th. Mr. Hennings said he and Ms. Jo Ann Dominguez, of the Housing and Community Development Department, are planning to attend. Mr. Longoria also discussed the need for a single spokesperson in the city who can address the Council members' and citizens' concerns, and he talked about increased debris in city ditches. He suggested that staff prepare an analysis of the cost of adding more police officers, and he discussed the possibility of postponing the status report on the Lake Texana project until the new Council is seated April 22nd. Council Member Martin commended City Secretary Chapa and the staff of the City Secretary's Office for their work on the April 5th Council election. Mr. Martin referred to the CPL rate case, asking if the reduction in expenditures would more than offset the loss in revenue. Mr. Hennings said he thought it would be close, but that will be determined. Minutes Regular Council Meeting April 8, 1997 Page 19 Council Member Best also complimented the City Secretary's Office for their efforts with the election. He asked if the salinity credits were realistic, and Mr. Crull replied that the salinity levels are attainable but not on a regular basis. Mr. Hennings added that it takes a substantial amount of fresh water inflows to reach the salinity levels that have been set. Dr. Best said he had also heard that chicken wire had been placed over some downtown drains which contributed to flooding in the downtown area last week. Mr. Hennings said there was a chicken wire screen on the storm inlets at Chaparral and William streets to prevent the dumping of garbage in the storm sewers. He said the business operators in that area had been complaining about odors, and it was determined that at least one of the restaurants was dumping garbage down the storm inlet. He said that may have contributed to some water blockage, but it was not the reason for the flooding, which was caused by the torrential rain that fell within a short period of time. Dr. Best also asked about the status of the factory outlet mall. Mr. Hennings said the developers have placed cash on deposit, and they have a construction schedule they must meet in order to not lose their deposit. Dr. Best urged that the entrance road into the airport be improved. Council Member Betty Jean Longoria echoed Mr. Longoria's comments about the need for information about the cost of additional police and other city services that will be helpful to the new Council members. She said she had received calls about flooding in different areas, including in the Gateway mobile home park, Eastgate, and Rolling Acres. She also requested information concerning the primary health care center on the westside. Council Member Black said she had received calls about the flooding in the downtown area, and she asked how that could be prevented in the future. Mr. Hennings explained that the downtown area drainage system was originally designed to drain by gravity, but it was updated to include a pumping system up to a certain capacity. He said drainage is a much bigger problem in other communities than it is in Corpus Christi. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Ms. Sarah Hanby -Skinner, 450 Louisiana Ave., said the residents were told that the issue of construction yards on the parkway would be on the day's agenda, and it was not. Mayor Rhodes said the residents chose to come to the Council meeting last week where the issue was discussed. Ms. Hanby -Skinner said the city acted in bad faith when the construction yards were paved last Monday prior to the Council meeting. She said the residents' homes are altered by the presence of the yards, and she disputed the construction time frame described by city staff. She said the residents are preparing a petition regarding this issue. Minutes Regular Council Meeting April 8, 1997 Page 20 The Mayor said staff admitted there should have been more notification to the residents prior to the building of the construction yards on the parkway, but the yards will not be removed. She said that although staff makes mistakes, they do not purposefully mislead the citizenry. Mr. Frank Beck, Vice Chairman of the Water/Shore Advisory Committee, asked about Mr. Hennings' comments concerning the committee's action with regard to the Lighthouse Restaurant lease. Mr. Hennings said he told the Council that the lessee, Mr. Harrison, did not receive support from the Water/Shore Advisory Committee. Mr. Beck said the committee had opposed the proposal by a vote of 7-2 and there were many citizens who had attended that meeting. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:30 p.m. on April 8, 1997. * * * * * * * * * * * * *