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HomeMy WebLinkAboutMinutes City Council - 04/22/1997I 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 22, 1997, which were approved by the City Council on April 29, 1997. WITNESSETH MY HAND AND SEAL, this 29th day of April, 1997 ando Chapa City Secretary SEAL AILA ILME ) MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 22, 1997 2 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Betty Jean Longoria Council Members: Jaime L. Capelo Jr. Alex L. Garcia Jr. Arnold Gonzales John Longoria Dr. David McNichols Edward Martin ABSENT Melody Cooper City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor -Elect Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Joseph Lawless, St. Joseph Catholic Church, and the Rev. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Garcia. Judge Nelda Rodriguez, 13th Court of Appeals, conducted the swearing in ceremony for the Mayor and Council Members, and the audience responded with their applause. Mayor Neal then stated that it is a great honor to serve on the City Council. He noted that the candidates had endured a long campaign, and he thanked Mr. Henry Garrett, his mayoral opponent, for the kind of campaign that he waged as well as for the kind of person he is. He said the Council is facing many challenges, and he promised that the Council would be open to the concerns of the community and they would have no hidden agendas. He said the Council would give the citizens respect and he asked that they return that respect in kind. Council Member Gonzales said the community is ready for a Council that will work together. He thanked those who voted for him, worked on his campaign, and assisted the campaign financially. He thanked his wife, Mary Alice; his son, Arnold Jr. and his wife Leana; his daughter, Miriam Rose; and his campaign manager, Roland Gonzales. He noted that many young people were involved in his campaign, and he specifically recognized Arturo Rodriguez, a junior at Tuloso- Midway High School. Dr. Gonzales said the Council would seek the community's advice and support on the issues they face. Minutes Regular Council Meeting April 22, 1997 Page 2 Council Member Capelo said he was very grateful for the outpouring of support, and he promised to work with the citizens and for them. He thanked his wife, Sandra, and two young daughters for their patience and support throughout the campaign. He said he looks forward to making positive changes in District 2 and in the city itself and to working with the rest of the Council. Council Member Garcia expressed his gratitude to the many supporters, and he said he was grateful to be a part of history. He said he firmly believed that, working together, the Council can improve the quality of life for this community. Mr. Garcia stressed that the citizens need to make their opinions and concerns known to the Council members. He thanked Mr. Trey McCampbell, his campaign manager and treasurer; Mr. Roy Smith, of the Wingfield Smith public relations firm; his parents; his mother-in-law, sister-in-law, and brother-in-law; and his five children, three of whom were in attendance (Alex, Andy, and Araceli); and particularly his wife, Betty. Mayor Neal welcomed back Council Members McNichols, Martin, Betty Jean Longoria, and John Longoria. He noted that Council Member Cooper, who was also reelected to the Council, has been ill and was not in attendance. He said she had been sworn in earlier in the morning. Mr. Neal introduced his wife of 38 years, Thetis, and he recognized the presence of many govemment officials, including Nueces County Sheriff Larry Olivares, Judge Richard Borchard, and former Mayors Betty Tumer and Luther Jones. Mr. Neal then invited the returning Council members to say a few words. Council Member McNichols thanked his wife, Irene, and his four daughters for their support. He also thanked Ms. Virginia Jevric, his campaign treasurer; and his parents, who were present. He outlined the issues he felt would be important in the next two years: short- and Long-term water supply, wastewater system, Gateway Project, Texas A&M University -Corpus Christi access improvements, airport improvements, major and minor roadway improvements, youth violence, and elevation of the Kennedy Causeway. Council Member John Longoria expressed his appreciation to Mr. Mike Briones, his campaign manager; Mr. Tony Juarez, campaign treasurer; Sonia Miranda; Danny and Ana Ledesma and the Moody High School Senior Club; and all the voters who supported him. Council Member Betty Jean Longoria thanked her husband, Alfredo, and she said she looked forward to working with this Council. She said she enjoyed representing her district, and she thanked the citizens for their support. Council Member Martin said it was very heartening to see the many people who attended the swearing in ceremony. He encouraged the citizens to be an active part in the Council members' role as decision -makers for the city. He thanked his wife, Carole, and Mr. Cefe Valenzuela, his campaign Minutes Regular Council Meeting April 22, 1997 Page 3 manager. Mayor Neal also thanked Mr. Gabe Hernandez, his campaign treasurer. The Mayor then recessed the Council meeting for a reception for the Council members, their families and supporters. * * * * * * * * * * * * * Mayor Neal reconvened the Council meeting, and 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. Regarding the selection of the Mayor Pro Tem, Mayor Neal pointed out that in the past that position had been rotated among all of the Council members every three months. Council Member Capelo made a motion, seconded by Council Member McNichols, to select the Mayor Pro Tem on a rotation basis and in the order as presented by Mayor Neal as follows: Betty Jean Longoria, District 1; Jaime Capelo, District 2; Alex Garcia, At -Large; Dr. David McNichols, District 4; Arnold Gonzales, At -Large; Edward Martin, At -Large; John Longoria, District 3; and Melody Cooper, District 5. The motion passed unanimously (Cooper absent). Mayor Neal called for approval of the minutes of the regular Council meeting of April 15, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal announced two proclamations during the day's meeting. He proclaimed April 25-27, 1997, as "Fill the Boot for MDA Weekend" to benefit the Muscular Dystrophy Association. The donations will be collected by members of the Corpus Christi Fire Department at traffic intersections throughout the city. Mr. Carlos Torres said that firefighters across America raised over $16 million for MDA, and over $62,000 in Corpus Christi. Mr. Buck Sosa urged citizens to try to exceed that amount during this year's campaign. Mr. Neal then proclaimed April 24, 1997 as "Take Your Child to Work Day." City Manager Hennings said city government employees have been taking part in this event for a few years, and he urged all the employers in the community to let their employees bring their children to work to experience what it is like there. * * * * * * * * * * * * * Mayor Neal then asked Mr. Hennings to comment on the city's negotiations with the Firefighters Association. Mr. Hennings said the city and the firefighters union have been in a Minutes Regular Council Meeting April 22, 1997 Page 4 protracted negotiation for about eight months, and he said it was time to reach an agreement that will provide the firefighters with a pay raise that they need and deserve. He said he had sent a letter to union representatives asking them to meet with him on April 28, 1997, and he is hopeful that they will reach an agreement and put an end to this dispute so they can move ahead with their business. Council Member Gonzales thanked the Mayor, City Manager, and Firefighters Association for their willingness to settle this issue and move ahead. Mayor Neal opened the public hearing on the following zoning case: 2. Case No. 397-3, Floyd Webb: A change of zoning from an "A-1" Apartment House District to a "B-4" General Business District on Lexington Subdivision, Block 1, Lots 24A, 24B and 24C, located on the northwest corner of Johanna and Richter Streets. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District on Lots 24B and 24C and approval of the "B-4" District on Lot 24A. Mayor Neal asked if there was opposition to the zoning change, and no one came forward. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (Cooper absent). A member of the audience said he wished to address this issue. A motion was made and passed to reopen the public hearing. Mr. Leon Loeb, General Partner of Padre -Ayers Ltd., which owns a parcel of property between South Padre Island Drive (SPID) and Johanna Street, and Ayers and Richter streets. He briefly described the zoning history of this area, saying that the city should favorably consider zoning of the lots between the center of the block and Johanna Street to "B-4" if access to Johanna Street is limited or eliminated, and access is only to the SPID frontage road. He said his company has been unsuccessful in developing their property due to what he said was the less than favorable development already in existence there. Mr. Brandol Harvey, Director of Planning and Development, explained that Mr. Loeb has submitted a rezoning request on his property that is located approximately a half -mile to the west of the subject property. He said staff has had several discussions with Mr. Loeb about the development of his property, including rezoning several pieces. He said this zoning case involves Richter Street, which is an unimproved, substandard collector street, and Johanna Street, which is residential. Minutes Regular Council Meeting April 22, 1997 Page 5 Mr. Harvey said the Southside Area Development Plan recognized that the block between Johanna Street and SPID was a relatively narrow block, and there would be pressure for those commercial uses on SPID to expand and move back to Johanna Street. The city's policies state that expansion should occur but in a gradual manner and first where there is street infrastructure capable of carrying the increased traffic. He then showed a video of the subject property and adjacent properties. He noted that three notices were received in opposition to the zoning change, but no one appeared in opposition during the Planning Commission public hearing; he added that the 20% rule was not in effect. The recommendation is to rezone only Lot 24A to "B-4" to accommodate the expanded use on the existing auto sales lot. The applicant agreed to let the two lots fronting on Johanna Street (Lots 24B and 24C) remain "A-1" Apartment House District until some point in the future when he can purchase them completely and determine their use. Responding to Council Member McNichols, Mr. Harvey said the 200 -foot notification area is drawn from the perimeter of the aggregated lots. He discussed the Planning Commission's and staffs recommendation for the current zoning change. He said that with regard to a possible future rezoning, there was concern about access to Richter Street, which would have to be addressed. In reply to Council Member John Longoria, Mr. Harvey said most of the lots which now front on Johanna Street are zoned single-family or multi -family. He said the expectation is that the lots which front on Johanna Street and back up to the commercial Tots on SPID will gradually transition under some type of control (perhaps special permits which might include prohibiting access to Johanna Street), until Johanna Street becomes more commercial than residential. Mr. Harvey said the city's approach thus far is to have policy statements which recognize that transitioning can and, in many places, should happen but on a case-by-case basis in the early stages. Council Member Betty Jean Longoria verified that the recommendation for this zoning case is that Lot 24A be rezoned to "B-4" and Lots 24B and 24C remain "A-1." The rezoned lot would be combined with the existing lot that is currently zoned `B-4" and would have access from both SPID and Richter Street. In reply to a question from Council Member Garcia, Mr. Garcia said the recommendation provides a compromise to the applicant, who wanted to expand his auto sales lot, and to the residential uses because it does not rezone the properties fronting on Johanna Street. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Longoria, and passed unanimously (Cooper absent). City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 22, 1997 Page 6 ORDINANCE NO. 022903 Amending the Zoning Ordinance upon application by Floyd Webb, by changing the Zoning Map in reference to Lexington Subdivision, Block 1, Lot 24A, from "A-1" Apartment House District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 3. 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. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (Cooper absent). Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 022904 Amending the Zoning Ordinance upon application by Zeke Serna, by changing the Zoning Map in reference to Lena Pearse Addition, Block I, Lot 2 from "AB" Professional Office District to "B-1" Neighborhood Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal asked City Manager Hennings to give a report on the status of the Lake Texana pipeline project. Mr. Hennings said the report would be given by Mr. Frank Brogan, Project Manager. Minutes Regular Council Meeting April 22, 1997 Page 7 Mr. Brogan said the project has been underway since September 1996, and a kick-off ceremony was held April 11, 1997, which signified the beginning of the construction effort. He said other milestones are: the sale of the bonds and receipt of the bond proceeds; approval of all of the environmental permitting; award of the construction contracts; fabrication of the pipe; continuation of the right-of-way acquisition; and preparation of the final plans for the river crossings. He noted that record rainfall in the Victoria area has caused some minor delays but work continues to progress. Responding to Mayor Neal, Mr. Brogan said there is approximately 34 miles of unpurchased, unnegotiated property along the pipeline route. He added that the project team has been concentrating their efforts on the southern and middle sections of the pipeline. The contractor expects to begin his work on the south end and progress to the north at the rate of about 1,500 to 2,000 feet a day. The unnegotiated properties are located near the northern end of the pipeline. Mayor Neal suggested the use of visual aids during the monthly status reports of the pipeline project. Mr. Neal also asked if the project was still on schedule. Mr. Brogan said that approximately two months of time "cushion" was built into the construction schedule, and the recent rains probably used one of those two months. He said the target completion date is May 1998. In reply to Council Member Betty Jean Longoria, Mr. Brogan said the majority of the construction contracts have been bid and awarded, and the contracting process followed the rules set forth by the state of Texas for the Nueces River Authority. Competitive bids were solicited and advertisements were taken out in every county in which work was being done. He said a substantial portion of the design and permitting of the project has been done by local companies. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4 through 16, and Council Members requested that Items 4, 5, 6, 9, and 14 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7.a. M97-095 Motion authorizing the City Manager or his designee to execute Attachment No. 2 to Contract No. 7460005741-98 with the Texas Department of Health in the amount of $124,258 to provide immunization services. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Minutes Regular Council Meeting April 22, 1997 Page 8 7.b. ORDINANCE NO. 022905 Ordinance appropriating a grant in the amount of $124,258 from the Texas Department of Health for immunization services in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 8.a. M97-096 Motion approving the reimbursement application submitted by Paula P. Cook, owner and developer of Cedar Grove Subdivision, Lot 13, Block 1, for the installation of 115 linear feet of an off-site 8 -inch PVC sanitary sewer collection line extension and supporting improvements. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 8.b. ORDINANCE NO. 022906 Ordinance appropriating $3,109.81 from the unappropriated balance in the No. 145 Sanitary Sewer Collection Line Trust Fund to pay Paula P. Cook's developer reimbursement request for installing off-site sanitary sewer improvements to develop Lot 13, Block 1, Cedar Grove Subdivision. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 10. ORDINANCE NO. 022908 Ordinance closing and abandoning a 599.07 -square foot portion of a 10 -foot wide utility easement in Lot 25, Block 11, The Lakes Subdivision, Unit 1; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Minutes Regular Council Meeting April 22, 1997 Page 9 11. ORDINANCE NO. 022909 Ordinance closing and abandoning a 5,649 -square foot portion of a 20 -foot wide utility easement located between Lots 1B & 2, Block 3, Weber's Glen Subdivision; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 12. ORDINANCE NO. 022910 Ordinance amending Section 3 of Ordinance No. 021875, passed February 22, 1994, to adopt the final assessment roll specifying assessments levied against the property owners and property abutting on McKinzie Road from Haven Drive to McKinzie Lane, all in connection with the McKinzie Road Improvements project. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 13.a. M97-097 Motion authorizing the City Manager or his designee to execute an agreement with SSP Partners (SSP) to accept payment of $89,835.75 as settlement associated with release of petroleum products in the vicinity of 4214 Carroll Lane, Corpus Christi, Texas. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 13.b. ORDINANCE NO. 022911 Ordinance appropriating $89,835.75 in the No. 250 Sanitary Sewer Capital Projects Fund as payment from SSP Partners under a settlement agreement with the City for the Carroll Lane Trunk Main Rehabilitation, Phase I project; amending the FY 96-97 Capital Budget, adopted by Ordinance No. 022742, by adding $89,835.75 to the Sanitary Sewer Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Minutes Regular Council Meeting April 22, 1997 Page 10 13.c. M97-098 Motion approving Change Order No. 1 in the amount of $85,557.86 to Insituform Gulf South, Inc. for mobilization/demobilization, cleaning cost, televising of sanitary sewer line, and installation of enhanced vinyl ester resin liner in association with the 1996 Carroll Lane Trunk Main Rehabilitation Phase I (Staples to Houston) for a new contract amount of $514,400.11. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 15. ORDINANCE NO. 022912 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 second reading by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 16. ORDINANCE NO. 022913 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 second reading by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, contract for annual financial and compliance audit. Responding to Council Member Garcia, City Manager Hennings said the estimated amount of $84,000 to Collier, Johnson & Woods is a reasonable cost and is not inconsistent with what the city has been paying. He said the city is in the third year of a three-year program for the use of that firm. The Council had a committee that selected that firm through a competitive process, and each year the contract has to be renewed. Minutes Regular Council Meeting April 22, 1997 Page 11 Mayor Neal asked about the schedule for this audit procedure. Mr. Jorge Garza, Assistant City Manager for Administrative Services, said that normally the audit is completed within 90 days after the end of the fiscal year. He said there was a delay in completing the audit last fiscal year, but staff expects this year's audit to be completed by the end of October or the first of November. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M97-093 Motion authorizing the award of a contract in the estimated amount of $84,000 to Collier, Johnson & Woods to perform the financial and compliance audit requirements for fiscal year ending July 31, 1997. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, agreement with Neighborhood Centers of Corpus Christi Inc. Council Member Garcia asked who would oversee this project to ensure that it is completed. Mr. Tom Utter, Assistant City Manager for Development Services, replied that the Neighborhood Centers of Corpus Christi will have their own architect and city staff will monitor the work on a monthly basis. He added that this project will complete the renovations required to comply with ADA regulations at the 614 Horne Road facility. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M97-094 Motion authorizing the City Manager or his designee to execute an agreement with Neighborhood Centers of Corpus Christi, Inc. to provide $116,933 from the FY 96 Program and to incorporate the remaining $25,533 from the FY 93 CDBG Program to add two (2) new classrooms and restrooms, renovate the existing facilities, landscape and comply with ADA Regulations at 614 Horne Road. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Minutes Regular Council Meeting April 22, 1997 Page 12 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, appointment of an ad hoc panel to the Municipal Arts Commission (MAC). City Manager Hennings explained that in the city's operating budget each year, the Council has been allocating funds to provide grants to local art organizations; there is $134,000 allocated in the current budget. The process is that the MAC recommends the appointment of an ad hoc peer panel to assist them in reviewing the applications from all of the agencies and ranking those in order of priority. The MAC then makes a recommendation to the Council. He explained that a Council - appointed commission cannot itself appoint a sub -committee that includes members other than commission members without Council approval. Responding to Council Member Betty Jean Longoria, Mr. Utter said that if a member of the ad hoc panel is involved in any way with a specific arts organization requesting funding, that member cannot review or vote on that application. Council Member Gonzales said he thought that the recommended ad hoc panel membership should be more inclusive, and he suggested that this item be postponed to allow the Council to make their own recommendations. Mr. Hennings said city staff works with the MAC in soliciting volunteers for this ad hoc panel by contacting the arts organizations. Mayor Neal said he once served on the Municipal Arts Commission and he remembers that at that time it was difficult finding volunteers willing to serve on the ad hoc panel. Council Member Capelo asked if the Council needed to approve this item at this time. Mr. Hennings said the MAC must obtain the Council's approval to appoint the peer panel. He said the Council could approve the recommended appointments today, and then come back with recommendations for additional members in the near future; or they could postpone the item and examine the whole procedure. Mr. Capelo said he would like to examine the procedure involved. Mrs. Longoria asked about the time frame in which the ad hoc panel needs in order to work through the subgrant process. Mr. Hennings said that a week's delay would not affect the final outcome, although the arts organizations which rely on this funding depend on the grants being awarded within a certain time frame. Mr. Malcolm Matthews, Director of Park and Recreation, explained that the peer panel reviews the projects which received funding last year. He said staff could resolicit volunteers from the arts organizations, which may take a few weeks. Council Member Martin said there would be items coming before the Council that are best Minutes Regular Council Meeting April 22, 1997 Page 13 resolved by each of the Council members doing some background research outside of the Council meeting. He then made a motion to table this item, seconded by Mrs. Longoria, and passed (Cooper absent). 6. POSTPONED • VI .. •.- - Cou„missien, eons/sting of arts pe,,iali.ts, to review applications fey the FY 1997 98 P.,rfotarir,g Arts Subgrant Program.. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, Gas Department budget amendment. Council Member Martin requested an update on the city's contractual provision for purchasing natural gas. City Manager Hennings replied that the city has a five-year contract to purchase gas from Reata Gas Company and then the city transports the gas through city pipelines to gas customers. He said the price is based upon the Houston Ship Channel index, and it fluctuates depending on the market price for gas. He said Corpus Christi currently has one of the lowest gas prices in the state as a result of this contract. Ms. Debbie Ashour, Gas Superintendent, explained that in addition to the spot market price of the gas, there is a swing charge of about 26 cents. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, referred to a statement in the agenda support material which said that natural gas prices have been significantly higher than anticipated, and two San Antonio newspaper articles discussing Valero Energy Corporation's net income and San Antonio's gas prices. He compared Corpus Christi's gas prices to San Antonio's prices, and he suggested that a Council workshop be held on the subject of this city's gas purchases. Mr. Hennings explained that the San Antonio utility has both a gas distribution system as well as the electric utility, which allows them to purchase natural gas not only for their gas customers but also for the electric plants, resulting in a much larger volume. He said Corpus Christi city staff also survey the monthly gas bills in all the major Texas cities, and Corpus Christi and San Antonio consistently have the lowest gas bills in the state. Responding to Council Member John Longoria, Ms. Ashour said the city sold more gas in January 1997 than it had during the same month for the last several years due to particularly cold weather that month. Council Member McNichols commented on the advantages and disadvantages of fixed gas Minutes Regular Council Meeting April 22, 1997 Page 14 prices versus fluctuating gas prices. He asked when the contract with Reata expired, and Ms. Ashour replied in July 1999. Council Member Gonzales asked about the time frame to discuss the gas contract, and Mr. Hennings said a decision would have to be made before the summer of 1998. Referring to Mr. O'Brien's comments, Mayor Neal said there are a number of workshop issues --including the gas contract issue --that the new Council will be investigating. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 022907 Ordinance appropriating $4,996,807 from increased revenues in the Combined Utility System Fund due to increased costs of Natural Gas Purchases; amending ordinance No. 022643, which adopted the FY 96-97 Budget, by increasing both revenues and expenditures to the Combined Utility System Fund by $4,996,807 for the increased costs of Natural Gas Purchases. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, use agreement with AT&T. Responding to Council Member Garcia, Mr. Hennings said that the 20% commission is the rate that Public Technologies Inc. obtained in their solicitation of proposals. Mr. John Bacon, Director of Municipal Information Systems, said that 20% is comparable to what AT&T offers other cities that are similar in size and number of telephones as Corpus Christi. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute approximately a fourteen -month Use Agreement with AT&T Communications, Inc., to provide credit card pay telephone services to various City facilities for a 20 percent commission, with the option to extend for five additional one-year terms. Minutes Regular Council Meeting April 22, 1997 Page 15 The foregoing ordinance passed on first reading by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said staff would present a presentation on the storm water quality management program. He explained that when Congress passed the Clean Water Act, they imposed a number of requirements on cities, and the most recent amendments require cities with populations over 100,000 to obtain storm water permits from the Environmental Protection Agency (EPA). The City of Corpus Christi applied for and obtained an EPA storm water permit, which consists of a plan to reduce storm water pollution to the area's receiving bodies of water. Ms. Valerie Gray, Storm Water Superintendent, said the city must complete and submit five requirements by June 1, 1997 to the EPA, two of which are included in an ordinance which will be coming to the Council next week for first reading. One of the requirements is for the city to formally adopt a guidance document that provides technical criteria for controls designed to: minimize the discharge of pollutants from construction activities; and to minimize the discharge of pollutants from areas of new development and significant redevelopment after construction is complete. Ms. Gray said the most extensive section of the guidance document is entitled "Best Management Practices," which provides technical criteria for over 40 structural and non-structural pollution controls for storm water quality. The most important section is entitled "Planning for Development and Significant Redevelopment," and it outlines proposed minimum requirements for storm water quality management for future city development. Ms. Gray then referred to a matrix of proposed requirements for developmental planning and construction activities, which she discussed at length. Mr. Hennings noted that a draft of the guidance document was included in the Council's packet, and it was reviewed by several organizations. He said that Mr. Randy Thompson, a local consulting engineer, was engaged to help develop the technical aspects of the city's plan. Responding to Council Member Martin, Mr. Hennings said that developments of subdivisions which took place since 1992 are affected by these regulations. Ms. Gray added that two of the requirements are triggered by platting action, and three requirements are triggered by the building permit process. Mr. Martin asked how the regulations would affect the price of single-family lots. Mr. Thompson replied that a person would not have to prepare a site-specific plan in order to acquire a residential building permit, but he would have to ensure that certain requirements were met, such as preventing erosion from running into the street and trash from blowing off of the site. Minutes Regular Council Meeting April 22, 1997 Page 16 Mr. Martin said he thought the worst erosion occurred on agricultural fields, and he asked how these regulations would address that issue. Ms. Gray replied that the city's EPA permit exempts agricultural land; however, staff is investigating ways to address the issue of agricultural erosion. In reply to Mayor Neal, Mr. Hennings said the issue addressed last year by the Council dealt with the cost of the city's drainage operation, which is not addressed by these regulations. Council Member McNichols emphasized that these regulations are unfunded mandates from the federal government, not city government. In response to Council Member Garcia, Ms. Gray explained that the storm water management and pollution control measures would vary (as would the cost of those measures), depending on different development or redevelopment scenarios, but they would be performance-based to ensure their effectiveness. Council Member Gonzales asked how these guidelines would have affected flooding which occurred recently in the La Joya Estates subdivision. Mr. Hennings said the Council had asked staff to investigate the issue of agricultural erosion, but the city's storm water permit would not have had any effect on that situation. He said the state's construction contractor for the Greenwood street project was already abiding by the necessary regulations. Ms. Gray added that the permit being discussed addresses storm water quality, but not storm water quantity, which was the problem in that subdivision. Mr. Martin commented on the use of storm water inlet constrictors. Concluding his report, Mr. Hennings said that items scheduled for next week's Council meeting include: final recommendations by the Commission on Children and Youth; Regional Water Supply Task Force on alternate water supplies; the Community Development Block Grant (CDBG) program hearing beginning at 6 p.m.; and the Lighthouse Restaurant lease amendment. Mayor Neal asked if Police Chief Alvarez would be giving a report on youth issues next week, and Mr. Hennings said he would. * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports. Council Member McNichols asked about the issue of funding sources for flood relief to the residents of the La Joya Estates subdivision. Mr. Utter said staff has contacted Housing and Urban Development (HUD) officials concerning the requirements to be considered under the urgent needs classification. A brief discussion ensued. Dr. McNichols also referred to the city's motion to amend the 1995 order on freshwater Minutes Regular Council Meeting April 22, 1997 Page 17 inflows to the Nueces Estuary, which is scheduled to be considered by the Commissioners of the Texas Natural Resource Conservation Commission (TNRCC) on April 30, 1997. Mr. Hennings said that on the one hand, due to the intense public opinion on this issue, it might be helpful for the TNRCC to make a decision; on the other hand, certain entities have expressed opposition to the city's proposal, and it may be prudent to postpone it. Mayor Neal said he would support postponement, so Mr. Hennings said he would ask the TNRCC to delay consideration of the city's motion to amend for a few weeks. Council Member John Longoria asked if a final theory of the cause of the La Joya flooding had been developed. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, replied that staff is reviewing all aspects of that situation and has hired a consultant to assist in the effort. He said they should have a better idea of the status of the investigation by May 2, 1997. Responding to another question from Mr. Longoria, Mr. Hennings said he is required to present the city budget to the Council by the end of May. On another subject, Mr. Longoria said he would be open to the idea of changing the time that the City Council meets. Mayor Neal said he appreciated Mr. Longoria's input on the matter, adding that he had discussed it with Mr. Hennings and Mr. Chapa. He acknowledged that a different meeting time may conflict with Dr. McNichols' schedule. Mr. Longoria suggested that presentations be made at the beginning of the Council meetings rather than at the end. Mr. Hennings said presentations on major issues, such as the pipeline project, should be given at the beginning of the meeting; however, sometimes consideration needs to be given to the number of people who are in attendance for a particular item on the agenda. Mr. Longoria asked about the status of the development of a Web page for the city, and discussed some advantages of creating one. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Ronald A. Hudson, 3556 Austin St., read a letter he distributed to the Council, in which he questioned the Council's authority to appoint persons under age 18 to the Human Relations Commission. He asked if that authority supersedes the Texas Election Code. He also questioned why the number of gallons used to calculate a customer's winter wastewater charge was no longer included on their bill. Replying to Mr. Hudson, City Attorney Bray explained that the Texas Election Code only pertains to the qualifications for elective offices, not appointive offices. He added that Corpus Christi is a home rule city and it has full power of self-government; consequently, the City Council can appoint people to a board or commission who are younger than 18. With regard to Mr. Hudson's other question, Mr. Hennings stated that every year, every residential utility customer receives a letter explaining the new wastewater winter average calculation. He said staff determined that Minutes Regular Council Meeting April 22, 1997 Page 18 placing that calculation on the utility bill was generating many customer service calls, while there did not seem to be much problem taking that calculation in context of the letter. Mayor Neal said they would continue to examine this issue. Mr. Abel Alonzo, 1701 Thames, welcomed the new Council, saying that it represents a diverse community. He said he hoped the Council would emphasize the need for diversity on the city's boards and commissions as well. tttt*tttttttt Returning to Council concerns and reports, Council Member Betty Jean Longoria asked about the process of identifying a mobile home for demolition, specifically one located at 5929 Skyline. Mr. Hennings said it was the same process for residential homes, and staff would look into it. Mrs. Longoria also commented on the lack of lighting in a park there. She said she was interested in having different Council workshops, and she asked about the appointment of the Municipal Court judges. Mayor Neal said there was a Council committee addressing that and they would provide a report. Mrs. Longoria said she thought that about a month ago Mayor Rhodes had appointed Council Member Martin to a committee to discuss funding for street improvements with the Regional Transportation Authority. Mr. Martin said he was not aware of that, and Mr. Hennings said staff would investigate it. Council Member Martin asked about the schedule for decisions on the CDBG grant requests. Mr. Utter said the Council had two weeks to prepare a tentative list of grant recipients. Mayor Neal said that with the Council's consent, he would like to schedule June 3, 1997 to have a meeting concerning the city budget. He said he would also like input from the staff on prospective dates for other workshops, possibly in another location. Council Member Capelo thanked his mother and grandmother for attending the whole Council meeting and for their moral support. Council Member Gonzales requested a progress report on major lawsuits against the city, and information concerning training of Latchkey staff, as well as the possibility of offering Latchkey in the morning before school starts. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 5:35 p.m. on April 22, 1997. ttttttttttttt