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HomeMy WebLinkAboutMinutes City Council - 04/15/1997I 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 15, 1997, which were approved by the City Council on April 22, 1997. WITNESSETH MY HAND AND SEAL, this 22nd day of April, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 15, 1997 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Dr. Jack Best Betty Black Betty Jean Longoria John Longoria Dr. David McNichols ABSENT Melody Cooper Tony Heldenfels 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 Pastor Arturo Mariscal, Kelsey Memorial Methodist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. 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 April 8, 1997, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, summer recreation program. Mr. Malcolm Matthews, Director of Park and Recreation, explained that these items pertained to funding for the summer recreation program. He said the city received a state grant for the food service program, which is prepared and delivered by staff of the Corpus Christi Independent School District (CCISD). The school district is contracted by the city for this service and other transportation services to the summer recreation sites. In addition, the city received a grant from the Texas Parks and Wildlife Department for the Community Outdoor Outreach Program. Minutes Regular Council Meeting April 15, 1997 Page 2 Mayor Rhodes asked how information about the summer recreation program will be disseminated. Mr. Matthews said about 30,000 brochures (copies of which he distributed to the Council members) will be given to school children in the Corpus Christi and Flour Bluff school districts. In addition, the department will run announcements on radio and television and in the newspaper about the program during the next month. He said people can also call the Park and Recreation Department for information. Responding to Council Member Betty Jean Longoria, Mr. Matthews said city staff make a point to invite every school district in the city limits to orientation meetings each year about the summer recreation program. He said West Oso has not been successful in garnering participation in that school district, while Tuloso-Midway and Calallen school districts have opted to provide their own programs; Flour Bluff participates in the city's recreation program. Council Member John Longoria pointed out that the Boys and Girls Club, which is located in the West Oso area, provides a summer food program. He said a survey was conducted in West Oso to gauge interest in the city's Latchkey program, but there was very little interest among the residents. Mr. Longoria added that the Council recently voted to reduce some Park and Recreation fees in order to allow more youth to participate. Council Member Black suggested that the summer recreation program information be distributed to city police officers and fire fighters since many young people may not have the opportunity to learn about it. City Manager Hennings said staff would do so. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2.a. ORDINANCE NO. 022891 Ordinance appropriating $133,041 from the Texas Department of Human Services for the operation of a Summer Food Service Program for Summer Recreation Program participants in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 2.b. ORDINANCE NO. 022892 Ordinance authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation Program. Minutes Regular Council Meeting April 15, 1997 Page 3 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 2.c. ORDINANCE NO. 022893 Ordinance authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide transportation services to Summer Recreation sites. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 2.d. ORDINANCE NO. 022894 Ordinance appropriating $20,000 from the Texas Parks and Wildlife Department for Community Outdoor Outreach Program grant in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance 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 3, agreement with Refinery Terminal Fire Company. City Manager Hennings explained that the Refinery Terminal Fire Company is operated by many of the large industries along the ship channel. They have joined with the city's Police, Fire, and Police Communications departments to establish a Crisis Management Dispatch Center, which Police Capt. Leonard Scott further described. Capt. Scott said that in the early 1980s, federal legislation mandated that local governments establish emergency planning committees involving a partnership of government, industry and public entities to identify risks from hazardous materials along with plans on how to reduce those risks. Consequently, the Local Emergency Planning Committee of Nueces County was organized and the Emergency Response and Communication During Hazardous Material Incidents Blueprint was prepared. That study indicated that one area needing additional capacity is the Police Department Communications Center, which is responsible for dispatching police, fire, and ambulance units to areas where they are needed. He noted that there are no additional dispatchers Minutes Regular Council Meeting April 15, 1997 Page 4 or public safety personnel to coordinate and mitigate large-scale disasters. He said the proposed Crisis Management Dispatch Center would establish a dedicated position to preplan and provide emergency communications support in the event of a disaster. The position will be funded and filled by the Refinery Terminal Fire Company as a service to the public. He added that the dispatch center would have been very useful particularly during the last few weeks to coordinate responses to incidents which occurred at the refineries. Council Member Martin asked if police respond into the refinery area or just into residential areas within the city limits. Capt. Scott replied that city police officers respond primarily for traffic control in the residential areas within the city limits; they also provide support to the Nueces County Sheriff's Department, which responds to incidents which occur outside the city limits. Mr. Martin asked if the emergency information radio channel (AM 620) was working during crises which occurred last week. Capt. Scott said the channel was providing information not only about the crisis that was occurring at that time, but also about severe weather in the area. Council Member Best asked if the Crisis Management Dispatch Center would tie in with the mobile communications center being jointly provided by the city and the Regional Transportation Authority. Capt. Scott said the mobile communications center, the emergency information radio channel and the dispatch center are all part of a large plan to provide the public with the necessary information needed during disasters so that the 9-1-1 Center will not be overloaded. Dr. Best suggested, since a new Council will be seated next week, that they be invited to view the operations of the Police Department's dispatch center firsthand; Capt. Scott agreed. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a memorandum of understanding between the City of Corpus Christi and the Refinery Terminal Fire Company to operate and maintain a Crisis Management Dispatch Center. The foregoing ordinance passed on first reading 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 4, ramp reversals at the proposed factory outlet Minutes Regular Council Meeting April 15, 1997 Page 5 center. City Manager Hennings said the developer of the outlet center assured city officials that a ground breaking is planned for May 15, 1997, with the center opening before this Christmas. He noted that the developer has a financial commitment to meet the construction schedule. Mr. R.H. Shackelford, Director of Engineering Services, explained that the Texas Transportation Commission's minute order formalizes the city's agreement with the Texas Department of Transportation (TXDOT) to reverse the on and off ramps on IH -37 at the location of the center. He thanked Mr. Billy Parks, TXDOT District Engineer, for his assistance with this project. The current schedule is to have the final plans and specifications to the local TXDOT District office by mid-May, and to Austin by the end of May, where the plans will be reviewed and approved, and the contract let. He said that weather permitting, this project should be completed by mid-November. Mayor Rhodes also commended Mr. Parks for his efforts. Council Member Martin asked if Mr. Shackelford had a revised construction cost estimate. Mr. Shackelford replied that he did not --the last estimate staff had, including the utilities adjustments for the total project, was $952,000. He said staff had not yet received a construction cost estimate for the ramp reversals, although the estimate was $530,000. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 022895 Resolution accepting the provisions of the Texas Transportation Commission Minute Order No. 107109 for reversal and reconstruction of the entrance and exit ramps on Interstate Highway 37 from Ripple St. to the south end of the Northbound Nueces River Bridge, in connection with the development of a new Factory Outlet Center and other related facilities on property abutting Interstate Highway 37 between Sharpsburg Road and the Nueces River. The foregoing resolution 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 5, Greenwood Drive sanitary sewer manhole and junction box repairs. Minutes Regular Council Meeting April 15, 1997 Page 6 Mr. Shackelford said this project is to rebuild eight 25 -foot deep manhole vaults that provide access to the main wastewater trunk line that collects and carries all of the wastewater in the Greenwood service area to the Greenwood Wastewater Treatment Plant. The current projected flow of this trunk line, including the previous diversions, is 5.9 million gallons per day (MGD). He said the original concrete trunk main was installed in the early 1960s, and over time the line has become severely deteriorated due to the effect of the corrosive sewer gases. As a result, the line experienced many collapses, as well as a high groundwater infiltration rate. Mr. Shackelford said that in early 1991, action was initiated to rehabilitate this main trunk line from Saratoga Boulevard to South Padre Island Drive up Greenwood Drive and over to Angela Drive. The Phase I project involved slip lining over 11,000 feet of 60 -inch and 66 -inch concrete pipe with new reinforced fiberglass pipe. Also included was the cleaning and sealing of the manhole vaults with an epoxy sealant; that project was completed in May 1995. Subsequently, the city and TXDOT entered into an agreement to rebuild Greenwood Drive from the current two-lane road to modern arterial with curbs, gutters, underground drainage and utility adjustments, which is now underway. The Director of Engineering Services said that in late 1996, the manhole vault located at the intersection of Greenwood and Saratoga (which is outside the street project area) collapsed. This raised concem about the condition of the eight manhole vaults along the Greenwood street project. Upon inspection, it was determined that the vaults were in imminent danger of failure. In fact, before staff could make a recommendation for the Council meeting of March 18, 1997, a vault did have a partial collapse on March 13. The City Manager declared an emergency and design work on the repairs was initiated. Mr. Shackelford then described the process of repairing the vaults, saying the repair work is estimated to take 60 working days. Council Member Martin commented on the escalating cost of this project, thereby increasing the city's portion of the cost. He added that the construction of Greenwood Drive has been very slow, and he asked if the contractor was in the penalty phase; Mr. Shackelford said they were not. Mr. Martin asked if the city would be able to review TXDOT's plans for the improvement of Kostoryz Road. Mr. Shackelford said staff has learned from their experience on the Greenwood project. In addition, staff has identified all of the utilities in the area of the Kostoryz street project, and the road will be relocated into an area where there are no utilities. Mayor Rhodes called for comments from the audience. Mr. Harry Gutierrez, 5701 Palo Blanco, asked if there were plans to increase the capacity of the Greenwood Wastewater Treatment Plant, and he complained about odor problems in that area. Mr. Hennings replied that the city is in the process of expanding the capacity of that plant, with plans to expand it even further. He pointed out that the plant's current capacity is adequate for the flows Minutes Regular Council Meeting April 15, 1997 Page 7 it is receiving. He said staff will investigate Mr. Gutierrez's concerns about odor problems. Mr. Gutierrez asked if the Greenwood construction project was related in any way to the flooding which occurred in that area recently. Mr. Hennings replied that it was not. Mr. Martin agreed that there was an odor problem in that area, and he asked if steps would be taken to control it. Mr. Hennings said the treatment plant improvements are going to include odor controls. Upon verification by Mr. Hennings, Council Member John Longoria said that there are plans to control the odor at that plant and to have an architect design new aesthetics there. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 022896 Ordinance authorizing a $910,218 increase in the City's Greenwood Drive Improvements Project Escrow Account with the Texas Department of Transportation to pay for sanitary sewer manhole and junction box repairs on Greenwood Drive between South Padre Island Drive and Saratoga Boulevard in Corpus Christi, Texas. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. The Mayor reconvened the regular Council meeting. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, establishment of impact fees for Master Plan Drainage Channel No. 31. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, stated that this issue had been brought before the Council in February 1997 with the intention of adopting the land use assumptions, the capital improvements plan, and the impact fees at one time. Shortly before that public hearing, staff received a letter from a representative of one of the landowners in the area Minutes Regular Council Meeting April 15, 1997 Page 8 requesting that the capital improvements plan and the impact fees be separated from the land use assumptions. After discussion with staff, the representative understood the process and indicated that they would like to withdraw their request for a second public hearing; however, there are no provisions in state law to accommodate that situation. Consequently, the second public hearing was scheduled for this Council meeting. Mr. Crull said he knew of no opposition to this proposal. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7.b. FIRST READING ORDINANCF Adopting Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the Platting Ordinance of the City of Corpus Christi to include such Impact Fees; amending the Corpus Christi Code Chapter 13 and Chapter 55 to include reference to the Platting Ordinance Impact Fee Provisions; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. Mr. Hennings said this project is very unique in that it involves a contract that was entered into some years ago with a new state law that governs development activities. He commended Mr. Crull for his technical skills in preparing this complicated project. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 8. 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. The Mayor made a motion to substitute the proposed zoning change with the proposed special permit as shown on pages 99-102 of the Council members' agendas. The motion was seconded by Council Member Best, and passed unanimously (Cooper and Heldenfels absent). Mayor Rhodes asked if the involved parties had agreed to the proposed special permit. Mr. Tom Utter, Assistant City Manager for Development Services, said the property owner had agreed. Mr. Michael Gunning, Senior Planner in the Planning and Development Department, said notices of the proposed special permit were sent to all the people who opposed the zoning change. Three Minutes Regular Council Meeting April 15, 1997 Page 9 letters were returned: Mr. M. Harvey Weil and Mr. William Brumley continued to oppose "I-3" zoning on the subject property but did support the draft special permit, and Mr. Charles Walker continued his opposition to the "I-3" zoning as well as the special permit. Council Member Betty Jean Longoria asked if the proposal was to retain the "I-2" zoning on the subject property and include a list of all of the authorized uses. Mr. Gunning said that was correct. She said she wanted to ensure that the zoning remained "I-2" light industrial but the use could be expanded as detailed in the special permit. Responding to another question from Mrs. Longoria, Mr. Utter said if the special permit has not been activated by one or more of the proposed uses within one year, then it will expire. Mayor Rhodes called for comments from the audience. Mr. Dennis Berry, of Basic Equipment Company, said that during last week's public hearing, he and others understood that the special permit would be for a specific use --the construction of drilling rigs. He said the issue has become more complicated, resulting in confusion. Mayor Rhodes said she agreed with the previous speaker and she thought staff was going to design a special permit for a specific use. Mr. Utter said Mr. Brandol Harvey, Director of Planning and Development, was not able to attend this Council meeting, but Mr. Utter said it was his understanding that staff thought the Council had asked for a list of uses that were not objectionable. The Mayor said the Council had asked staff to design a special permit that allowed the applicants to utilize their land under a specific use, as opposed to the many uses included in the draft special permit. Mr. Utter said staff probably needed to withdraw this proposal and redo it. Mr. Robert Adler, representing ADHUB, L.L.C., said that during last week's Council meeting, Council Member Martin had suggested the possibility of the applicants having a wide range of options since they were not completely sure that the metals fabricating company they had discussed would be located here in Corpus Christi. He said in designing the special permit, they eliminated such objectionable uses as sexually oriented businesses and gas -operated brass foundries, but non -objectionable uses were retained. He said that way, if the fabricating company does not locate here, it will allow the owners to develop the property in a variety of ways. He said the proposed uses were intended to be broad so the applicants would not have to go through this lengthy and expensive process each time. Mayor Rhodes said she did not think the draft special permit met the Council's criteria, saying that it was not the proper location for "I-3" zoning. She said the special permit had eliminated very few uses, and Mr. Adler said they had eliminated what Mr. Harvey said were offensive or potentially hazardous uses. Minutes Regular Council Meeting April 15, 1997 Page 10 The Mayor said Mr. Adler's problem was that he was not sure what company would be utilizing the property. She asked that if a special permit was approved for a certain use, and if a company came in that did not fit that use, would Mr. Adler have to go through the whole process again and pay the related costs. Mr. Utter said there really was not a way to do that. The Mayor asked if the Council could initiate the change, and Mr. Utter said they could. Mrs. Longoria pointed out that if this zoning case is postponed for another week, it would be heard by a new Mayor and Council. Mr. Utter referred to the heavy industrial district regulations and delineated the categories of uses that would not be allowed under the proposed special permit: chemicals, petroleum, coal, and allied products; wood and paper products; unclassified industries; unclassified uses; and objectionable uses. Other specific uses under the general categories that would not be allowed were: asbestos products; distilleries (alcoholic), breweries, and alcoholic spirits (non -industrial); brass and bronze foundries (unless electrically fired); and lead oxide. Responding to Council Member Best, Mr. Adler said there was a subsidiary of PEMEX that had expressed some interest in his property, but a special permit to allow that specific use would not be beneficial if the company opted not to build in Corpus Christi. He added that he had agreed to a 50 -foot setback on the property and the objectionable uses had been eliminated. Council Member Martin said the direction was for staff to meet with the applicant and the people who were in opposition in order to work something out, and that was not done. He added that most of the uses the applicant could contemplate would be allowable under "I-2" zoning. He said the original application was to rezone the property "I-3," which he said would not be approved; however, a special permit could be used and it typically addresses a particular use. Mr. Martin said this case could be tabled for up to six months, and if the applicant had a particular use in mind for the special permit, he could come back before the Council. He added that this zoning case would require seven votes of the Council and there were only seven Council members present. Mr. Martin made a motion to table this zoning case for 90 days, seconded by Dr. Best. Responding to a question from Mr. Martin, Mr. Utter said notices would be posted on the property and notices sent to all of the people who participated in this case prior to it coming back before the Council. There was a consensus of the Council to table this zoning case for 90 days. POSTPONED Amending -the Zvizi.,g Ord;..anee-upon application -by ADIIUB, L.L.C., by changing the Zening-Map n, rcfLre..cc to Industrial IIeights-Steven 2, Bliek 2, Lots 1 aad 2 fern "I 2" D - fl Minutes Regular Council Meeting April 15, 1997 Page 11 * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 19, and Council Members requested that Items 9, 15, and 16 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M97-087 Motion approving a supply agreement for approximately 300 pairs of kevlar gloves and 7,000 pairs of leather work gloves with Distribution International, Corpus Christi, Tx., in accordance with Bid Invitation No. BI -0114-97 based on low bid and best bid for an estimated annual total of $21,334. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 96-97 by the using departments. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 11. M97-088 Motion approving a supply agreement with National Meter, Lancaster, OH, in accordance with Bid Invitation No. BI -0102-97, for approximately 4,605 gas meter valves ranging in size from 1"-2", for an estimated annual expenditure of $65,414.75 based on low bid and best bid. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 96-97 by the Gas Department. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 12. M97-089 Motion approving a supply agreement for approximately 5,600 tubes of a testing reagent (Colilert) and 3,240 testing bottles, with IDEXX, Labs Inc., Westbrook, ME., in accordance with Bid Invitation No. BI -0122-97 based on sole source for an estimated annual total of $16,976. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 96-97 by the Health and Water Minutes Regular Council Meeting April 15, 1997 Page 12 Departments. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 13. M97-090 Motion approving a supply agreement with Brance-Krachy Co., Inc., Houston, Tx., for approximately 425 magnesium anodes in accordance with Bid Invitation No. BI -0123-97 based on low bid for an estimated annual expenditure of $53,577.50. The term of the agreement 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 in FY 96-97 by the Gas Department. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 14. M97-091 Motion approving the lease/purchase of two brush loaders, in accordance with Bid Invitation No. BI -0073-97 from Fork Lifts Unlimited, Inc., Corpus Christi, Tx., for the total amount of $148,900, based on low bid. The loaders are for Solid Waste Services Department and are budgeted in the FY 96-97 budget as lease/purchase. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 17. ORDINANCE NO.022898 Authorizing the City Manager or his designee to execute a three year oil and gas lease on two tracts comprising 5.299 acres out of Tracts 2-B, 3-B, and 4, M.M. Gabriel Partition of the Guggenheim and Cohn Farm Lots, underlying the Gabriel Terrace Drainage Ditch located near the intersection of Padre Island Drive and Old Brownsville Road, for a minimum bid of $75.00 per acre, $10.00 per acre delay rentals, 20% royalty. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. Minutes Regular Council Meeting April 15, 1997 Page 13 18. ORDINANCE NO. 022899 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 second reading by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. 19. ORDINANCE NO. 022900 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 second reading 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 9, supply agreement for liquid chlorine. Council Member McNichols pointed out that the price of liquid chlorine has increased from $109 per ton in 1993 to the current bid price of $362 per ton, and the city's price has increased 26% since the last bid in March 1996. Mr. Crull said that one of the major sources of chlorine is a by-product of the production of caustic, and when there is a slow down in the production of caustic, it results in less chlorine being made; consequently, the chlorine supply is limited and the price increases. Mr. Hennings said that if the price continues to escalate, at some point the city will have to consider other treatment methods that are cost -competitive. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M97-086 Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Tx., in Minutes Regular Council Meeting April 15, 1997 Page 14 accordance with Bid Invitation No. BI -0116-97, for approximately 1,018 tons of liquid chlorine based on only bid for an estimated annual expenditure of $369,025. 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. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted in FY 96-97. 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, airport terminal canopy. Council Member McNichols asked if the canopy design was restricted by a certain budget, adding that the design of the terminal canopy will be in place for several years. He said airports in cities smaller than Corpus Christi often look much better than the airport here. City Manager Hennings referred to an illustration of the proposed canopy design, pointing out that it is much more open and better lit (with the use of skylights) than the current terminal canopy. A brief discussion ensued. Mr. Hennings added that there is a deadline of September 30, 1997 in order to receive the bids for this project. If that deadline is not met, the city will have to go back through the Federal Aviation Administration grant process, which may not be as favorable. Mayor Rhodes said she is proud of the Corpus Christi Airport and she said she likes the new canopy design. Council Member John Longoria asked if Ms. Bonnie Allin, Director of Aviation, had viewed the Dr. Hector P. Garcia building on Horne Road; she replied that she had not had the opportunity to do so. Mr. Longoria said he thought that design could have been captured in the airport terminal canopy design. Mr. Hennings said the archways and colors of the canopy design were very similar to the Dr. Garcia building design. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M97-092 Motion approving Terminal Exterior and Public Transportation Canopy Extension Concept for Corpus Christi International Airport. Minutes Regular Council Meeting April 15, 1997 Page 15 The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols voting "No"; Cooper and Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 16, placement of a dock within the waters of Corpus Christi Bay. Responding to Council Member Black, Mr. Utter described the location of the proposed dock on Ocean Drive. He said this would be used as a fishing pier. Council Member Martin said he was not opposed to Item 16.a. (authorizing placement of the dock), but he questioned Item 16.b. (repealing Section 12-2 of the Corpus Christi Code of Ordinances). Mr. Utter explained that that ordinance was approved by the Council in 1927 and it was concerned primarily with the profusion of docks on the city's water front at that time, which was along Water Street. Currently, before a wharf or pier can be built further along Ocean Drive, a person has to receive a permit from the Corps of Engineers, a lease from the General Land Office, and a building permit from the city. He said staff did not see the necessity of a person coming before the Council in addition to those other requirements. Mr. Martin said that with Section 12-2 in place, the city has control over the size of a dock or pier. Mr. Utter said that according to the city's Legal Department, the city possibly has some control, but it is not city property. He said that since it is state property, it is not certain whether the city could tell the state that they could not lease their property for the construction of certain structures. Mr. Martin said the city could wield control through the use of zoning. Mr. Martin asked if staff had seen the plans for the dock proposed under Item 16.a., and Mr. Utter said they had. Mr. Martin said he would support Item 16.a. but not Item 16.b. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 022897 Resolution authorizing the placement of a dock within the waters of Corpus Christi Bay. The foregoing resolution passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. Minutes Regular Council Meeting April 15, 1997 Page 16 16.b. FAILED TO PASS The foregoing ordinance failed to pass by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "No"; Cooper and Heldenfels absent. * * * * * * * * * * ** Mayor Rhodes deviated from the regular agenda in order to give the Mayor's Report. She explained that Saturday, April 19th is the date of the Council run-off election, and the following Tuesday, April 22nd, there will be a special meeting at 10 a.m. of the current Council to canvass the results of the election and to say goodbye to the outgoing Council members. At 2 p.m. on that day, the new Council will be seated and will proceed with regular Council business. The Mayor said that Council Member Best would not be present for the meeting next Tuesday morning, so she presented Dr. Best with a plaque listing his term of office as a Council Member At -Large: April 1979 -April 1981; April 1985 -April 1987; and April 1993 -April 1997. The plaque also included a key to the City of Corpus Christi and his official Council Chamber nameplate. Mayor Rhodes recounted that when Dr. Best was elected to the Council in April 1993, he had been endorsed by former Mayor Luther Jones, who told Mayor Rhodes that Dr. Best had been a very solid Council member during previous terms and he did not back down when he gave someone his word. Mayor Rhodes said that after a shaky start, she and Dr. Best got along very well and she called him an asset to the Council. She said that he had endured some very tough issues that had faced the Council over the years and he had accomplished a lot. In his remarks, Dr. Best used the analogy of the City Council as a team, and the voters as the owners of that team. He said the "owners" decided that he should not be playing on the "team" anymore and he was going to the bench. However, he said that when the citizens and the Council need another big play, he will be willing to come back. Dr. Best said he was very proud of the accomplishments of the Councils on which he has served, and he thanked city staff for their help. Council Member Martin said that when Dr. Best looks back on his terms, he will see that he has been a part of history, because the last few City Councils have positioned the city very well in terms of its infrastructure. Mr. Martin added that Dr. Best's sense of humor and friendship have been important to him, and he said Dr. Best always did what he thought would be in the best interest of the community and did not avoid controversial issues. Mr. Martin concluded that he enjoyed serving with Dr. Best and he hoped to have his counsel. Minutes Regular Council Meeting April 15, 1997 Page 17 Council Member Betty Jean Longoria said that Dr. Best has been supportive of issues affecting her district. She added that she will miss his presence on the Council and maybe he will return to the Council again. Council Member John Longoria said that Dr. Best is a man who always keeps his word. * * * * * * * * * * * ** Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section 551.071 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, with possible action in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings said Mr. Crull would provide an update on the flooding which occurred throughout the city on April 3, 1997, followed by a detailed discussion of the flooding in the La Joya Estates subdivision. Mr. Crull said that in the late evening of April 2nd and the early morning of April 3rd, there was a significant amount of rainfall in the Corpus Christi area. He said that although there are not official rain gauges throughout the city, there are some at the various wastewater treatment plants and staff also relied on anecdotal information that indicated there was six to eight inches of rain. He said in addition to street flooding, there were scattered reports of water in buildings. Some of the areas particularly hard hit were the downtown area, Gateway mobile home park, and the La Joya subdivision, which is located in the Los Encinos area. Mr. Crull explained that the storm sewer systems in subdivisions are designed for a 5 -year frequency storm, and the major systems and ditches are designed for a 25 -year frequency storm. A frequency storm is a storm which has a statistical probability, based upon historical record, of happening once in a 5 -year period, once in a 25 -year period, or once in a 100 -year period. He went on to explain that a 2 -year duration storm with two inches per hour is considered a 25 -year frequency storm, which is also based on average conditions of imperviousness. He noted that in the week prior to the April 2-3 storm event, there had been several rain events which had saturated the ground, and which increased the runoff. The Assistant City Manager said that in addition to the design of the storm sewer systems, Minutes Regular Council Meeting April 15, 1997 Page 18 the city's subdivision standards require the Tots to be graded toward the street at a minimum of 1% slope, which allows for some storage capacity in the streets. Mr. Crull said flooding can also occur due to obstructions in the storm sewer system, which often happens during a flood event as the waters carry debris into the system. In addition, when the receding water body becomes full during a storm event, flooding can occur. He said about three-quarters of the city drains toward Oso Creek, with the rest draining toward the Laguna Madre, Oso Bay, or Corpus Christi Bay. Mr. Crull and Mr. Hennings then referred to the specific flooding which occurred in the La Joya subdivision. Mr. Hennings said that last Tuesday, he, Council Member John Longoria, and Council Member -Elect Arnold Gonzales attended a neighborhood meeting at the home of Mrs. Veronica Solano, who lives at 1701 Modesto. He said Mrs. Solano and many of her neighbors had had about six inches of water above the first floor elevation in their houses. In response, Mr. Hennings assembled a needs assessment team consisting of staff of the Housing and Community Development Department, a City -County Health Department inspector, and other city staff. They called on each family to ask them what their needs were, to make a visual inspection of the damage so that cost estimates could be made, and provide advice as needed. Mr. Hennings said the result of that needs assessment was compiled into a table of information, which he distributed to the Council members. Of the families assessed, only one had flood insurance. Mr. Hennings said the city has an emergency repair grant program under the Community Development Block Grants (CDBG) that is available to eligible families. It can provide up to $6,500 to repair damage in an emergency such as occurred. He said to be eligible, the family has to own the house and to have lived there for 12 months; in addition, the members would have to be elderly or disabled, or meet certain income guidelines. Mr. Hennings said that according to the information staff gathered, the estimated building damage was $208,753; furnishing damage was estimated at $91,274; and automobile damage was estimated at $21,008. He said staff investigated the possibility of obtaining a federal disaster declaration, and the requirement is to have at least 25 homes with at least 40% damage, which this neighborhood did not meet. He said in addition, the city has been spraying for mosquitos and they have been looking into possibly alleviating the likelihood of another flood event. The City Manager said that during the neighborhood meeting, the residents expressed concern that the construction contractor on Greenwood Drive had made some alterations to the drainage system along Greenwood Drive that contributed to the flooding. They were also concerned that the storm sewer inlets in the street (at the cul-de-sac of Modesto and Escondido streets) were blocked and that had contributed to the flooding. Mr. Crull referred to a map of the La Joya subdivision and described the drainage system there. He said in order to try to alleviate flooding in the future, city staff cleaned the drainage system and removed any debris which may have washed into the system. He noted that adjacent to the Minutes Regular Council Meeting April 15, 1997 Page 19 neighborhood there is a large field that is under cultivation, and there were large pieces of stalks which washed down Modesto Street and entered the storm sewer system. Mr. Crull said staff has also ordered pipe that will be installed in the lowest point in Los Encinos park to help it drain. He said staff is also conducting a complete analysis of the system to try to determine why it flooded in that neighborhood. Mr. Crull pointed out that according to the FEMA maps, the 100 -year flood plain at the location of the Greenwood Wastewater Treatment Plant is elevation 21, the floor slab of the city's electrical building there is at elevation 261/2, and there was six inches of water in that building during the recent rain event. Consequently, the flooding at least at the Greenwood Plant was six feet over the 100 -year flood. In addition, since there was flooding in the downtown area, the city has asked one of the consulting engineers to study that area to determine if there is any action that can relieve that situation as well. Mr. Hennings said it is important to understand that the La Joya Estates addition appears to be constructed according to the development standards: it has curbs, gutters, sidewalks, and storm sewers, and it should withstand the 5 -year frequency storm. He said perhaps that rain event was more severe than that. The City Manager said that in addition to city staff cleaning the ditches and storm drains in that area, the contractor has made some improvements along Greenwood Drive to accommodate the roadside drainage, and when the street construction is completed, the new drainage system on Greenwood Drive will be of help. He said there are two 66 -inch drainage pipes which run parallel from the end of Modesto Street down to the ditch, which is a large capacity. Mr. Hennings said city staff have done what they can to try to be of assistance to the residents of the La Joya neighborhood. For the most part, the residents are not eligible for the CDBG emergency repair grant program or the low-interest loan program. He noted that the city is not in the flood insurance business, and only one resident had flood insurance. Responding to Council Member Martin, Mr. Hennings said staff has not completed the engineering analysis of the flooding in the La Joya neighborhood to draw conclusions. It is known that the water levels were high --both the Oso Creek and Los Robles ditch were out of their banks. He said there were some drainage ditches along Greenwood that had been impeded or eliminated by construction that apparently do not serve the La Joya neighborhood; in addition, there was a large amount of debris that washed down from the field and blocked the storm sewer system. Mr. Martin said staff should consider an ordinance that requires some type of berming of agricultural uses. Responding to a question from Mr. Martin, Mr. Crull said that flood insurance covers rising water but home owners insurance does not. Mr. Hennings noted that most flood insurance claims are paid out in Zone C, which is an area that does not have any unusual flooding hazard. Referring to the needs assessment table, Mr. Martin pointed out that the city sets the eligibility standards for the grants and loans, which could be changed. Minutes Regular Council Meeting April 15, 1997 Page 20 Council Member Betty Jean Longoria said that Gateway mobile home park floods frequently. Mr. Crull stated that the ditch that flows out of that park to Hopkins Road is privately owned and maintained, and he was not sure whether there were any obstructions in that ditch. He said one of the solutions is to widen and improve the ditch along Hopkins Road, which is in the city's capital improvements program in the future. He said the developers of the Gateway mobile home park were apprised that city staff did not think that location was appropriate for that development. Council Member Black said there are about eight families living on Corpus Christi Beach that frequently experience flooding. Council Member John Longoria asked whether changing the CDBG guidelines would affect all of the CDBG census tracts, and Mr. Hennings said it would. Mr. Longoria said the La Joya neighbors have told him that one of their concerns is to replace their ruined carpets so they are not walking on concrete floors in their homes. He asked if there was some source of funds for the neighbors to just address that need for those who do not qualify for the emergency repairs. Mr. Hennings said staff would investigate that; he added that any such funds would have to be available to all residents in the city. Mr. Longoria also asked about reports of sewage backing up into the homes in the La Joya area. Mr. Hennings said during a torrential rainfall, the sewer system generally experiences inflow and infiltration of storm water that causes it to run full and over flow. He said if that occurs, the sewer water is so diluted with storm water that it poses very little health risk. Mrs. Longoria asked about ongoing flooding in the Eastgate Heights subdivision. Mr. Crull said staff would look into that. Mr. Martin suggested that staff contact some highly respected insurance representatives to discuss this issue. Mayor Rhodes called for comments from the audience. Mr. Gilbert Jasso, 4502 Dandridge, said he was the Civil Rights Committee Chairman of the American G.I. Forum, Dr. Hector P. Garcia Founding Chapter. He described actions that members of that chapter took to assist the Los Encinos flood victims. He said they have established an emergency fund in conjunction with Wal-Mart, K -Mart, and First State Bank of Austin. Mr. Jasso said they investigated the area after the flooding and saw drainage ditches that had been covered up along Greenwood Drive. He said they are requesting that the City Council hold the Haas -Anderson construction company accountable for the water damage to the Los Encinos residents. Mr. Hennings said that during the neighborhood meeting, most of the La Joya residents felt strongly that the construction contractor was to blame for the flooding and that they should be paid Minutes Regular Council Meeting April 15, 1997 Page 21 for their damages by the contractor. As a result, city staff provided each family in the neighborhood with the necessary information to file claims with the contractor. Ms. Veronica Solano, 1701 Modesto, said the neighbors have given Haas -Anderson Inc. and Corpus Christi city officials time to correct the wrongs done to the neighbors and to stop what she said was a cover-up. She said they have had no response except assessments of needs and offers of loans that the neighbors would have to repay for the damages for which she said the construction company was responsible. She said if city officials do not hold Haas -Anderson Inc. liable for the damages, the residents will petition the state Attorney General to conduct an investigation. Mrs. Solano said there will be another neighborhood meeting on April 16th, and she invited the Council to attend. She added that contrary to the assessment information, she and her husband are not renting their home but will own it in two months. Mayor Rhodes asked if the contractor had responded. Mr. Hennings pointed out that Haas - Anderson is a contractor of the Texas Department of Transportation (TXDOT), not of the city. He said staff have been working with TXDOT officials, and the contractor has not yet responded to the claims. He added that the Los Encinos subdivision did not flood this time, apparently due to storm sewer improvements made there. Mr. Martin asked if drains were blocked. Mr. Hennings said staff believes that the straw washed out of the field did block some of the storm water inlets. He said according to the engineering information, the roadside ditches on Greenwood did not contribute any drainage to the La Joya subdivision. Mr. Martin asked if the state highway department was working with city staff on the assessment, and Mr. Hennings said it was. Ms. Rebecca Coronado, 1634 La Joya, said her mother owns that home and has been living there 15 years. She said in her four years of living there the neighborhood has never flooded. She said this time the water from Los Encinos park flowed toward their home. She described damage they received, and added that her grandchildren have been sick but she was not told what caused their illness. She said they should not have to pay for the damages. Ms. Lydia Ornelas, 1634 La Joya, said she has also been sick. She said they have never experienced such flooding, and they cannot afford to pay the damages. * * * * * * * * * * * ** Mayor Rhodes called for Council concerns and reports. Council Member Martin said some of the Council members are on the Workforce Development Commission's Elected Officials Council, and they choose to meet on Tuesdays. He asked staff to contact them to either reschedule the meetings or remove the Council members. Mr. Minutes Regular Council Meeting April 15, 1997 Page 22 Martin also requested the calculations for the cost of water. A brief discussion ensued. Mr. Martin also requested a status report on how the city's funds were used by the Port of Corpus Christi and the Nueces River Authority in connection with the Lake Texana pipeline project. He then commented on the lack of landscaping around the thermal energy storage tank at the Bayfront Arts and Sciences Park. Mayor Rhodes suggested that staff provide Mrs. Solano with a contact person at TXDOT to invite their representatives to the upcoming La Joya neighborhood meeting. Council Member Betty Jean Longoria commended staff for their work on the Northwest Senior Center, which was recently opened. She also commented on funds received by the Regional Transportation Authority recently. Council Member John Longoria requested information on the procedure for appointing Municipal Court judges. He also described improvements that have been made at Lexington Manor Apartments, made possible by grants and the participation of the residents who serve as members of the board there. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:45 p.m. on April 15, 1997. * * * * * * * * * * * * *