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HomeMy WebLinkAboutMinutes City Council - 10/28/1997I 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 October 28, 1997, which were approved by the City Council on November 11, 1997. WITNESSETH MY HAND AND SEAL, this 1lth day of November, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 28, 1997 2:00 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Alex L. Garcia Jr. Council Members: Jaime L. Capelo Jr. Melody Cooper Arnold Gonzales Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by the Rev. Michael Hale, Travis Baptist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Garcia. City Secretary Chapa checked the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 21, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Council Member Capelo informed the Council that he had reconsidered his vote on the Gateway Project and he asked the Mayor to place the Gateway Project on the next City Council agenda for discussion and reconsideration. Mayor Neal asked City Manager Hennings to place that item on the agenda for the November 11, 1997 meeting, and Mr. Hennings said he would. Council Member John Longoria asked Mr. Capelo if he would be changing his vote on the Gateway Project, and Mr. Capelo replied affirmatively. Council Member Gonzales asked if the Council would have to wait to vote on that issue. City Attorney Bray replied that it was not a technical parliamentary motion to reconsider; rather, that the Council would be voting to place the item on the agenda. He said since the Council had already approved some actions associated with the Gateway Project, they would be determining whether to Minutes Regular Council Meeting October 28, 1997 Page 2 repeal or modify the actions they have taken. Responding to Council Member Garcia, Mr. Bray said that if the Council as a whole chooses to take up something they had addressed in the past, they could do so. He said the reservation would be if there was a binding contract with another entity that was approved by a prior action --generally that could not be rescinded without some consequences. Mr. Garcia asked if Mr. Capelo was able to place the Gateway Project on a future agenda for reconsideration because he was on the prevailing side. Mr. Capelo said the Mayor was placing the item on the agenda. Mr. Bray said it did not pertain to the issue of the prevailing side; rather, the Council's rules say that with regard to new business, either the Mayor or five members of the Council can place an item on the agenda. Mr. Garcia questioned why the Council needed to discuss the issue further. Mayor Neal said it was his understanding that Mr. Capelo was asking him to place Phases I and II of the Gateway Project back on the agenda at the next possible meeting, which would be November 1 lth since the Council would not be meeting on November 4th. He said Mr. Capelo is of the opinion that he will be changing his vote on Gateway Phase II, and in order to do that properly, the item would have to be placed on the agenda for discussion and then the Council would be asked to vote on either one of the options or to proceed from there. Mr. Longoria said he would like the Council to consider the concept of the Gateway Project. He thought the opposition has been to realigning the lanes of Shoreline Boulevard south of the IH -37 intersection, and he questioned whether Mr. Capelo would support a proposal to relocate the Gateway Project, including the park concept, to north of the IH -37 intersection. Responding to Mr. Garcia, Mr. Hennings said the Gateway Project involves an existing contract with Goldston Engineering, and the action was to authorize staff to give the engineers a notice to proceed, which they have already done. Mr. Garcia asked about the engineers' expenses to date, and Mr. Hennings said he did not have an estimate but it would not be very much at this point. He added that the Council had approved the design work on the landscaping for the first phase. Mr. Longoria said the Council had not considered the idea of locating the Gateway Park north of the IH -37 intersection on Shoreline, and he asked the City Manager to have staff devise such a proposal, including having the park located next to the seawall. Council Member McNichols said his question did not specifically relate to the Gateway Project but rather to the process. He asked if, from then on, once a Council meeting is called to order whether any Council member would be able to bring forward requests to either reconsider or to place an item on the agenda. He said historically that has occurred at the end of the agenda under Council issues and concerns. Mayor Neal replied that he would consider such requests due to either time Minutes Regular Council Meeting October 28, 1997 Page 3 constraints or other issues. Dr. McNichols asked if an arrangement had been made between the Mayor and Mr. Capelo to bring the Gateway issue up before the meeting. Mayor Neal replied that Mr. Capelo asked him if he could bring an issue up prior to the public discussion portion of the meeting, and the Mayor replied that he could. Dr. McNichols commented that the Mayor had made a decision to change the process and he thought it would be appropriate to inform the Council if that is going to be done from then on. Mr. Garcia said he understood Mr. Capelo's position because all of the Council members had received calls from citizens regarding the Gateway Project. He said he also understood the community's concerns and he noted that the Council acted democratically as they went through the process. He encouraged the Council to take action rather then just discuss the issue. Council Member Cooper said the Gateway Project was an atypical issue and maybe it needed to be handled somewhat atypically. She said she would welcome reconsideration of the issue since she cast one of the dissenting votes against the proposal. Mrs. Cooper suggested that staff thoroughly review all the options at some upcoming meetings to better inform the Council and the public. She noted that she will be traveling to Taiwan as part of the Sister City program and will not be present at the November 1 lth meeting, so she asked that the Gateway Project not be reconsidered until the November 18th meeting. Dr. Gonzales said he thought Dr. McNichols was correct, saying the Council needs to be careful not to set a precedent and to follow the agenda. He said they did not know the Gateway Project would be discussed at that time, which means they could not plan for it. He added that he was glad some of the Council members had changed their mind on the issue. Mr. Capelo thanked the Mayor for allowing him to make his public announcement, even though it was out of sync with the agenda. He said he wanted the public to know that their wishes have been heard --that they do not want Shoreline Boulevard moved and he will support their position. Council Member Betty Jean Longoria said if that was Mr. Capelo's intentions, she did not see any reason to further discuss the issue. She said that as a member of the former City Council that supported the Gateway Project, it was their wish to provide a more "people -friendly" atmosphere in the downtown area and to create a park there. Mrs. Longoria said she felt there was not enough support among the Council members even for the eight -block park proposal. In reply to Mr. Garcia, Mr. Bray said since the Council had already taken certain actions regarding the Gateway Project, if they wanted to halt that, they would have to take another formal action to do so. Mr. Hennings added that the unexpended portion of the proceeds from the sale of the property for the new federal courthouse would be available, while the other funds that had been pledged would be dependent upon what new plans the Council might make. Minutes Regular Council Meeting October 28, 1997 Page 4 Council Member Martin said the discussion the Council was having was the reason why the issue needs to be placed on the agenda. He said Mr. Capelo indicated he would not support the current plan, which means staff needs to regroup and come back to the Council with all the available options. He added that due to the nature of the Gateway issue, he felt it was appropriate to discuss it at this time, noting that there are very few people who stay until the end of the Council meetings. Dr. Gonzales asked if all action on the Gateway Project would be put on hold until the Council discusses it further, and Mr. Hennings said that was correct. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jesse Hix, 2622 Segrest, said he lives in a high -crime neighborhood and he commented on the need for a safer city, possibly through the creation of police precincts. Ms. Susan Hoyt, 6002 Pinehurst Dr., said she was a member of many of the non-profit organizations that will benefit from the Community Progress Partnership (CPP) and Crime Control and Prevention District (CPD) proposals if they are approved by the voters. She thanked the Council and members of the CPP and CPD committees for their efforts, she described how those proposals will enhance the quality of life in this community, and she encouraged voters to support them. Mr. Leon Perez, 904 Buford, criticized the city employees involved in reading meters and vector control. Mr. Phil Rosenstein, 949 Bobalo, reiterated comments he had made during the October 21st Council meeting concerning remarks Council Member John Longoria had previously made about El Corazon newspaper. He asked if Council members are allowed to use their position and City Council meeting time to attack citizens. Ms. Kay Noyes, 930 Coral, expressed her appreciation to the Council by giving each one of them a rose, and she urged them to not realign Shoreline Boulevard. She said there are many neighborhood parks in the city that can be utilized. Mr. Rick Guerra, 13929 Flintlock, said he was representing the Padre Island Business Association and he thanked the Council for their support of Padre Island. He said that organization is voting for A Better City (the political organization formed to promote the CPP and CPD). Mr. Leroy Baskin said he was opposed to any changes to Shoreline Boulevard, saying it would be a costly and unnecessary project when there are many costly and important projects to deal with, including repairs to the seawall and Wesley Seale Dam. Minutes Regular Council Meeting October 28, 1997 Page 5 Mr. A.C. Johnson, 14 Emil, said the Greater Corpus Christi Business Alliance is trying to run this city, and he said the Corpus Christi Caller -Times presents biased coverage of issues. Ms. Pat Cheshire, 6709 Pharaoh Dr., said she has not spoken to anyone who is in favor of realigning the lanes of Shoreline. She said she is in favor of improving the landscaping in that area. Ms. Dorothy McCoy, 612 Chamberlain, said she and many others want Shoreline to remain as it is today, and she recounted how her family loved to travel along Shoreline years ago. Mr. Camest West, 1400 Ocean Dr., said he and his family recently moved to Corpus Christi after traveling extensively. He cited the unique bayfront area as one of the main reasons for relocating here and he urged the Council not to change it. Mrs. Noneita West, 1400 Ocean Dr., urged the Council to reconsider and change their vote on the Gateway Project. Ms. Carol Scott, 3126 Austin, representing the local chapter of the League of Women Voters, explained why the league has endorsed the campaign for A Better City, including inclusiveness of the process, the funding mechanism, and the stated goals. Mr. J.E. O'Brien, 4130 Pompano, referred to the capital improvement program that was withdrawn from the Council agenda last week by Mayor Neal. He said he, too, wants a better city and in order to achieve that, the citizens should reject the CPP and CPD proposals. Mr. R.F. Hasker, 1813 Wallace, listed some of the contributors to the CPP and he questioned what they expected in return. Mr. Irving Dietz, 455 Miramar, reiterated his request that the list of the 1986 bond projects be published prior to the election on November 4th. Mr. Hennings said he had received a report that morning which shows that the projects were completed, as well as other projects which were completed through the capital improvement program over the years. Mr. Clif Moss, 3837 Denver, said Corpus Christi's infrastructure is suffering because its property tax base is smaller than other cities. He said the CPP and CPD proposals to increase the sales tax will result in many much-needed projects in the city. Mr. Andy Rodriguez spoke in favor of the Gateway Project, saying the intention is to beautify the area. Council Member John Longoria said he continues to urge citizens living in District 3 to support the CPP and CPD proposals. He noted that the cities of Portland and Beeville are among 250 Minutes Regular Council Meeting October 28, 1997 Page 6 in the state which have economic development taxes. * * * * * * * * * * * * * Council Member Cooper recognized donors who have contributed a total of over $45,000 to the Mayor's Task Force on Youth Violence. She noted that over $5,000 is available for new grant applications for grassroots organizations. Mrs. Cooper thanked Ron and Judy Pickett, sponsors of a Carisma car wash event which raised over $5,000 recently for the organization. She also thanked representatives of the following businesses for their support: Swantner and Gordon Insurance, Trinity Towers, Henry's Cleaners, Corpus Christi Athletic Club, Crossroads Travel, Whataburger, Coastal Corporation and Coastal Refining and Marketing, Padre Staples Mall, Reynolds Metal Company, BFI, and CITGO. Mrs. Cooper noted that there are many other contributors who were not able to be present. Council Member Betty Jean Longoria announced that a "Make a Difference Day" event had been held at Navarro Place and she thanked the Housing Authority and the Corpus Christi Police Department for their efforts. Council Member Garcia said he also wished to raise an issue that was not on the day's agenda, namely, to possibly direct staff to bring back a policy change to make it easier for small businesses to be awarded more city contracts. He said staff could look into reducing the limitations on the bonding requirements while adhering to state requirements. Mayor Neal replied that in order to change that policy, an item would have to be placed on an upcoming agenda for discussion and consideration. The Mayor also briefly commented on the owner -controlled insurance program, to which Mr. Garcia had referred. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, Community Youth Development program. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2.a. M97-317 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Protective and Regulatory Services for the FY 1998 $500,000 Community Youth Development Grant for the 78415 zip code for projects as recommended by the Corpus Christi Community Youth Development Committee. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting October 28, 1997 Page 7 2.b. ORDINANCE NO. 023112 Ordinance appropriating $500,000 from the Texas Department of Protective and Regulatory Services in the No. 163 Federal/State Grants Fund to fund the approved 78415 youth service programs. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 2.c. M97-318 Motion authorizing the City Manager or his designee to execute subcontracts with Communities in Schools; Corpus Christi Public Library; Corpus Christi Independent School District -Community Connection Volunteers; Weed and Seed Tile Project; Corpus Christi Teen Court; and City of Corpus Christi -Park & Recreation Department for the projects in the FY 1998 Community Youth Development Grant. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, temporary street closures for public events. He called for comments from the audience, and there were none. Ms. Norma Urban, of the Downtown Management District, said this proposal was initiated by the DMD's Pedestrian Improvements Committee in order to streamline the process of street closures for major events in the downtown area. She said some of the downtown property owners live in other countries, which makes it difficult to receive 100% approval of the abutting property owners for a street to be temporarily closed for a public event, as is currently required. She said that two property owners opposed the proposal to lower the requirement to 90%, while the DMD board unanimously supported it. Responding to Council Member Garcia, Ms. Urban said the DMD feels it is important to accommodate the tenants of the downtown businesses so they are not adversely impacted by the temporary street closures; in fact, she said, they often benefit because the public events bring hundreds of people to the downtown area. Council Member Capelo asked if the two dissenting business owners had any kind of recourse. City Attorney Bray said this proposal would only deny vehicular access, rather than Minutes Regular Council Meeting October 28, 1997 Page 8 pedestrian access, for a very short time, so they did not think it would be a problem. Ms. Urban pointed out that they did inform the two dissenting owners that the issue would be discussed at this meeting and will be addressed again upon second reading. City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 49 - Streets and Sidewalks, Article I, Section 49 - 17 - Conditions and Requirements for Permit, by clarifying that the managing tenant's approval, and, if vacant, the managing property owner's approval is required for a temporary street closure; by adding a new requirement providing for at least 90% approval of the managing tenants or, if vacant, managing property owners of the property abutting the affected street section to be temporarily closed for a public event within the Downtown Management District area. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, property insurance renewal. He called for comments from the audience, and there were none. Responding to questions from Council Member Martin, City Manager Hennings said the proposal from Sedgwick of Texas Inc. has a deductible of 2% of the value of each building due to a windstorm versus a deductible of $75,000 per occurrence in the Texas Municipal League (TML) Intergovernmental Risk Pool proposal. Mayor Neal explained the difference between the two policies in more detail, and noted that there is a major difference in the application of the deductible if the losses are large enough and wide enough to city property. Mr. Pat Alba, Director of Risk Management, also stated that the pool has a maximum coverage of $68 million based on the schedule of buildings for the city. He said they only cover a building up to $2 million plus another $169,000 for contents; if a building's worth exceeds that amount, the excess coverage would be provided by the commercial property coverage involving several reinsurance companies. Council Member McNichols asked if the contract states that a separate deductible would not be charged to the city for the property insurance, and Mr. Hennings replied affirmatively. Mayor Neal pointed out that the way the insurance coverage is structured, they have maximized the coverage at the lowest price based on what the insurance industry believes is the city's probable Minutes Regular Council Meeting October 28, 1997 Page 9 maximum loss of $150 million Council Member John Longoria asked about the employee dishonesty coverage. Mr. Alba explained that it protects the city against theft of monies from the city by employees only and it carries a $1,000 deductible. Council Member Garcia asked why Sedgwick of Texas did not offer a discount for pre -paid premiums. Mr. Hennings replied that they require pre -payment, while TML requires quarterly payments but they offer a 3% discount if premiums are pre -paid for one year. With regard to the employee dishonesty coverage, Mr. Hennings said the city would have to have some evidence to present to the insurance company about an employee's involvement in a theft. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 023113 Resolution authorizing the City Manager or his designee to execute a one-year Interlocal Agreement, with three one-year renewal options, with the Texas Municipal League Intergovernmental Risk Pool to purchase property insurance for an estimated annual premium of $471,439, in accordance with Request for Proposal BI -0004-98. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 4.b. M97-319 Motion approving the purchase of Employee Dishonesty coverage, with three one year renewal options in accordance with Request for Proposal BI -0004-98 through Sedgwick of Texas, Inc. at an annual premium of $3,019. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, new traffic signal installations. City Manager Hennings said staff expects the new traffic signals to be in operation by next May. Mayor Neal called for comments from the audience, and there were none. Council Member Martin said he understood the need for a signal at Waldron Road and Minutes Regular Council Meeting October 28, 1997 Page 10 Compton -Knickerbocker Drive, but he questioned the need for a signal at Rodd Field Road and Williams Drive. Mr. Hennings said the priority for those signals was determined by the Regional Transportation Authority (RTA), which is providing the funding through a federal grant. Mr. David Seiler, City Traffic Engineer, stated that the city's top priority traffic signal locations are being addressed through Metropolitan Planning Organization funding and they include such intersections as Cimarron and Yorktown and Ranger and Saratoga. He explained that the Rodd Field Road -Williams Drive intersection is also a city priority due to the occurrence of pedestrian crossings across Rodd Field and its location in a general school zone area. He added that since Rodd Field is a state -maintained roadway, the city receives the approval of the Texas Department of Transportation for installation, although the city is responsible for it. Mr. Martin pointed out that Rodd Field/Saratoga is the back loop of the city and he expressed concern about that traffic signal impeding the flow of traffic. Mayor Neal asked if this project would change the priority of other signal locations in the city, such as Old Brownsville Road and Horne, and Mr. Seiler said that intersection's signal is underway. He pointed out that the RTA's interest in the two intersections in this item is predicated on the movement of buses through those locations. Also, the signals will be coordinated and interconnected with the South Padre Island Drive intersections, although Mr. Martin said that would be difficult to do. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 023114 Ordinance authorizing the City Manager or designee to execute an interlocal agreement with the Corpus Christi Regional Transportation Authority for the City to design and construct traffic signal improvements at the intersections of Rodd Field Road/Williams Drive and Waldron Road/Compton-Knickerbocker Drive and the Regional Transportation Authority to reimburse the City's cost not to exceed $160,000. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened discussion on Item 6, a public hearing on amending the Comprehensive Plan of the City of Corpus Christi. Mr. Brandol Harvey, Director of Planning and Development, said the proposal is to amend Minutes Regular Council Meeting October 28, 1997 Page 11 the Comprehensive Plan in three areas --the Transportation Plan, the Oso Parkway Plan (regarding bikeway elements), and the fundamental policy statements of the Comprehensive Plan that were adopted in 1987. He said this proposal was being recommended by the Transportation Advisory Committee and its Bicycle Advisory Subcommittee, Park and Recreation Advisory Committee, and the Planning Commission. Mr. Harvey said that due to significant growth on the south side of the city, staff felt it was appropriate to update the Transportation Plan, particularly in the grid area defined by Saratoga Boulevard, Yorktown Boulevard, South Staples Street, and Cimarron Boulevard (about a 1,000 -acre area). He said since more subdivisions are developing in that area, the city needs to identify which collector streets can be used to serve that grid, including the extension of certain streets as collectors, which he described using visual aids. Mr. Harvey went on to say that the plan calls for converting part of Brockhampton Park into a right-of-way to allow property to the west (which is being developed in the near future as Ranch 66) to be integrated with the street system that was established in Brighton Village. He said Brighton Village was platted in the early 1980s before modem comprehensive planning was utilized; consequently, the west "wall" of Brighton Village Units 3 and 4 did not provide for local street or collector connections. After much study, it was determined that the best location to provide that integration to Ranch 66 would be via an extension of Stone Henge Street through the northern edge of Brockhampton Park, which would mean that no private property would be taken. He said staff discussed that with the Park and Recreation Advisory Committee and they agreed that that would serve the park; also, the Brighton Village Neighborhood Association agreed that the extension of Stone Henge into their subdivision relieves heavy traffic that would otherwise go through Tower Dr. The Director of Planning pointed out that there are two property owners who oppose this plan --one is located next to Brockhampton Park and the other lives on the corner of Stone Henge and Sterling streets. He also informed the Council that staff was recommending minor additions to Section 2.K. of the Comprehensive Plan, which was distributed to the Council. In addition, Mr. Hennings referred to the diagram and slides of the proposed subdivision known as Ranch 66 and Stone Henge Street, and Mr. Harvey discussed how the cost of the street construction would be allocated. Responding to Mayor Neal, Mr. Harvey said that with this action the Council would be amending the Transportation Plan to indicate that a street should be placed in the area discussed, and when the development occurs, the developer and the city will work together to construct the street. Another action that will be needed is a public hearing by the Council to arrive at findings that the public road is necessary and beneficial to the park, which is a state law requirement in order to convert the park land to a roadway. Council Member Cooper asked what had occurred the previous night at the meeting of the Minutes Regular Council Meeting October 28, 1997 Page 12 Brighton Village Neighborhood Association. Mr. Robert Payne, Senior Planner, said the current president and vice president were present, as well as the president-elect, a representative of the Parks Board, the two dissenting residents, and other neighbors. He said the outcome was that if Ranch 66 decides to join with the Brighton Village Neighborhood Association, the association will support the Comprehensive Plan amendments. Mr. Payne said staff discussed the effects of extending Stone Henge Street and not extending it and the affect of the traffic flow on other streets. Mr. Bob Teltschik, 6138 Hastings St., Vice President of the Brighton Village Neighborhood Association, said a poll was taken of the elected officers of the association and they voted to support the Stone Henge extension. In addition, he said a resident of Cumberland Street garnered the support of her neighbors on Cumberland in favor of the extension. Mr. Teltschik said without the extension of Stone Henge, the only access to hundreds of the homes will be via Tower Street, a 50 -foot wide street, versus what will be a 60 -foot wide street with the extension. Mrs. Cooper asked when the Ranch 66 development is supposed to begin. Mr. Harvey said staff has been having preliminary discussions with the developer before they submit a plat. He said if the issue is resolved as recommended, he expects the developer to officially file a plat within a few weeks. She said she thought that the recommendations regarding the Comprehensive Plan on the whole were very good. Council Member Garcia asked if the homeowners were notified of the proposed amendments. Mr. Harvey replied that individual homeowners are not notified because it would involve thousands of people, but the neighborhood association was, and through that process and the public hearing process the dissenting homeowners began to have direct contact with city staff on this issue. A brief discussion ensued, and Mr. Harvey commented that several other options were studied and this recommendation was deemed the most effective and cost-efficient. Responding to Council Member Martin, City Attorney Bray said that under state law a public hearing will have to be held before any part of the park can be used for another use. In addition, the Council will have to find that there is no feasible and prudent alternative and the project includes all reasonable planning to minimize harm to the land as a park. He added that the City Charter does not specifically address parks. Mayor Neal called for comments from the audience. Mr. Gilbert Hinojosa, 3449 Sterling, said their concern has been to present their side of the story throughout the public hearing process, rather than just at the end of the process. He referred to a map of the neighborhood and discussed the traffic flow on the streets, including Tower, Sterling and Stone Henge, as well as bus traffic and the existence of a middle school and an MHMR residential home in the neighborhood. He added that he did not think the neighborhood association was fully notifying the residents and representing their opinions. He said they are asking that the Minutes Regular Council Meeting October 28, 1997 Page 13 Council delay action on the extension of Stone Henge and send it back for more input from the residents. Mrs. Cooper said that if the neighbors feel so strongly about this issue, she would recommend that the Stone Henge extension be postponed and referred back to the Planning Commission for reconsideration, as long as it would not negate the development of Ranch 66. Mr. Harvey clarified that the plan does not give any land to Mr. Hinojosa--it is not a right-of- way easement --and his private property ownership would stay exactly the same. Mr. Martin Hinojosa, 3446 Sterling, (no relation to Mr. Gilbert Hinojosa), said he is in favor of development but he is opposed to the extension of Stone Henge to Ranch 66. He said he is concerned about safety, security, and proper planning, including the extension's affect on Brockhampton Park. He added that he thought the city could have gone further in notifying the residents of this proposal rather than just listing it in the legal notices of the newspaper. Mrs. Cooper made a motion to close the public hearing, seconded by Mr. Garcia, and passed unanimously. Mrs. Cooper then made a motion to amend the Comprehensive Plan to delete the extension of Stone Henge Street in order to allow the Planning Commission to reconsider it; seconded by Mr. Garcia. Responding to Mr. Martin, Mr. Harvey said Mrs. Cooper's motion would result in a change to Exhibit C of the Southside Area Development Plan Street Network by eliminating the proposed extension of Stone Henge; all the other proposed amendments would proceed. He said in the interim, a plat on Ranch 66 could be filed which did not call for the Stone Henge connection and, assuming everything else on the plat was correct, staff would approve it. Mr. Harvey added that the existing Comprehensive Plan does not call for an east -west collector street into Brighton Village. A voice vote on Mrs. Cooper's motion to amend was taken, and it passed unanimously. City Secretary Chapa pointed out that staff was also recommending a more clearly written amendment to Section 2.K. Mr. Martin made a motion to include the recommended Section 2.K., seconded by Mr. Garcia and passed unanimously. Mr. Chapa then polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Amending the Comprehensive Plan of the City of Corpus Christi by amending Corpus Christi Policy Statements, the Southside Area Development Plan, and the Oso Parkway Plan elements by providing policy guidelines for maintaining current transportation plans and for design of collector street systems; by adding additional collector streets in the Southside Minutes Regular Council Meeting October 28, 1997 Page 14 Area Development Plan; by adding policies concerning bikeways in the Southside Area Development Plan and Oso Parkway Plan; and by revising the bikeway system in the Oso Park Plan. The foregoing ordinance passed on first reading, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Mrs. Cooper made a motion to direct staff to refer the matter of the Stone Henge Street extension to the Planning Commission for reconsideration and notification of the neighbors, seconded by Mr. Garcia, and passed unanimously. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, a public hearing regarding Antelope Street. There were no comments from the audience. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (Cooper absent). City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Rescinding Ordinance No. 10814 which authorized the closure of a portion of Antelope Street lying between the east right-of-way of Azalea Drive and the east line of Driscoll Village Subdivision. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ************ * Mayor Neal opened the public hearing on the following zoning case: 8. Case No. 1097-1. Dalia H. Martinez: A change of zoning from an "R -1B" One -family Dwelling District to an "A-2" Apartment House District on Tierra Alta Addition, Block 5, Lot 27, located on the east side of Bluntzer Street, approximately 50 feet north of Buford Street. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously Minutes Regular Council Meeting October 28, 1997 Page 15 (Cooper absent). Mr. Chapa then polled the Council for their votes as follows: 8. ORDINANCE NO. 023115 Amending the Zoning Ordinance upon application by Dalia H. Martinez, by changing the zoning map in reference to Tierra Alta Addition, Block 5, Lot 27 from "R -1B" One -Family Dwelling District to "A-2" Apartment House District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 9. Case No. 1097-2. Ted M. Anderson: A change of zoning from an "I-2" Light Industrial District to a "B-4" General Business District on Oakhurst Plaza, Tracts 1 and 2, located on the north side of Tiger Lane, approximately 650 feet west of Flynn Parkway. City Secretary Chapa said the Planning Commission and staff recommended approval. Mr. Ted Anderson, the applicant, explained that he was attempting to change the previous zoning in order to proceed with the development of restaurants and hotels on the subject property. Responding to Council Member Garcia, Mr. Anderson said the property is a covered landfill and he did not think there would be any environmental concerns associated with that. He pointed out that the developers would need a permit from the state approving the foundation. Council Member John Longoria expressed concern about a possible cave-in of Tiger Lane in that area. Council Member Martin made a motion to close the public hearing, seconded by Council Member John Longoria, and passed unanimously (Cooper absent). Mr. Garcia continued to question the possible environmental impact of the covered landfill. Mr. Harvey replied that this is a zoning case and it did not pertain to the landfill because that would be a function of building permits and ground -disturbing activities that will occur later, which is controlled by the Texas Natural Resource Conservation Commission. He said from a zoning perspective, the "B-4" zoning is more protective of the property's use and that of surrounding properties than the current industrial zoning. A brief discussion ensued. Minutes Regular Council Meeting October 28, 1997 Page 16 City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 023116 Amending the Zoning Ordinance upon application by Ted M. Anderson, by changing the zoning map in reference to Oakhurst Plaza, being 5.17 acres out of Tract 6 from "I-2" Light Industrial District to "B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 12, and Council members requested that no items be withheld for discussion, nor were there any comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 10.a. ORDINANCE NO. 023117 Ordinance appropriating $217,000 from the Combined Utility Systems Unreserved Fund balance; amending Ordinance No. 022993 which adopted the FY 1997-98 Budget, by adding $217,000 to the Combined Utility Systems Fund; transferring $92,735 to and appropriating $92,735 in the No. 205 Water Capital Projects Fund and transferring $124,265 to and appropriating $124,265 in the No. 250 Sanitary Sewer Capital Projects Fund for the Spur 3, Phase 2 Improvements project; amending the FY 96-97 Capital Budget adopted by Ordinance No. 022742, by adding $92,735 to the Water Program and $124,265 to the Sanitary Sewer Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10.b. M97-320 Motion authorizing the City Manager or his designee to execute a Participation Agreement with Baypoint, LTD., a Texas Corporation, for the relocation and/or installation of a portion of the public utilities in conjunction with the Spur 3, Phase 2 Improvements project, the City's share of which will not exceed $217,000. Minutes Regular Council Meeting October 28, 1997 Page 17 The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10.c. RESOLUTION NO. 023118 Resolution expressing intent to reimburse the Combined Utility Systems Fund for costs of certain water and wastewater system improvements to be made as part of the Spur 3, Phase 2 Improvements project. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 11. ORDINANCE NO. 023119 Ordinance closing and abandoning a 9,300 -square foot portion of a 15 -foot wide utility easement between Lots 1 & 2, Block 6, Bent Tree Subdivision, Unit 2; subject to compliance with the specified conditions and the owner, Cimarron Estates, Ltd. replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 12. ORDINANCE NO. 023120 Ordinance appropriating $9,863 from Barclay Grove Unit 3A developer's contribution to Drainage Channel No. 31 in the No. 111 Drainage Channel 31 Trust Fund; amending Ordinance No. 023059, which appropriated the Trust Funds, by adding $9,863 to the No. 111 Drainage Channel 31 Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said Mr. R.H. Shackelford, Director of Engineering Services, would give the weekly update on the Wesley Seale Dam. Mr. Shackelford said the installation of the instrumentation is 100% complete and readings are being taken at prescribed intervals; in addition, the subcontractors for the instrument installation are demobilizing and the project is on schedule for the mid-December final report by Freese & Nichols. Minutes Regular Council Meeting October 28, 1997 Page 18 He added that the high -order survey equipment has been received and training is being conducted for city staff and Russell-Veteto Inc. employees. In addition, the north and south spillway soils testing is now 60% and 50% complete respectively. Responding to Council Member Capelo, Mr. Shackelford said the soils testing should be completed in November with the final report scheduled for mid-December. Mr. Hennings said one of the projects from the 1986 bond election is a new fire station to be located in the vicinity of Rodd Field and Wooldridge roads. He said the design on the new station is complete and they are ready to go out for bids, and he asked Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, and Mr. Art Sosa, Facilities Manager, to describe it. Mr. Crull said the 1986 bond program allocated $800,000 for a new fire station on the southside. However, with the downturn in the local economy in the late 1980s, priorities were readjusted, including the priority of the fire station project. Mr. Crull referred to studies that were utilized to determine the location of a new station, and he described the building's proposed design, which was created by Mr. Sosa. Responding to Mayor Neal, Mr. Crull showed a map of the existing fire stations as well as the land the city has purchased for the new station, which is on Rodd Field Road just north of the Full Stringer. Mr. Hennings added that the bonds were sold and the money is available for the fire station; also, some of the 1986 projects are in various stages of implementation, as was this project. Council Member Martin said he did not think the growth assumptions that were used in selecting that site have been realized, and there are hundreds of homes that have been built that are outside the diagram previously referred to by Mr. Crull. Mr. Martin also asked if staff had considered incorporating other entities into the design of the new fire station, such as the planned southside senior center or the library associated with the CPP. Mr. Hennings replied that it would be advantageous to do that in new city facilities that are built; he pointed out that the Padre Island station has a room that is used as a police assembly center. A discussion ensued regarding specific aspects of the fire station design, and Mr. Martin pointed out that it needed to be compatible with the surrounding neighborhoods as it would be a long-standing facility. In reply to Council Member McNichols, Mr. Hennings said that with regard to EMS service, the first response would be from a fire engine company, and the new fire station will improve the response for EMS calls in the same area that it will improve response for fire calls. However, an ambulance is not being added at this station, which means the city will be operating with the same number of ambulances it has currently. Council Member Gonzales asked if the city was committed to the site being discussed for the new station. Mr. Hennings replied that the site had been purchased and a new fire station is Minutes Regular Council Meeting October 28, 1997 Page 19 needed there --there are also two other locations where stations are needed. Council Member Garcia asked about the station's size, and Mr. Crull explained that it would be a one -company station; the station at Staples and Doddridge consists of two companies. He said it would cost about $500,000 to replicate the fire station on Weber south of Saratoga, and the estimate for this proposed facility is about $430,000. Mr. Sosa further explained the design. Responding to Council Member Betty Jean Longoria, Mr. Crull said that in the northwest area there are fire stations at Five Points and Rand Morgan, and the response times for the area between them are more than what staff would like them to be, which he explained. With regard to the Council's questions about the design, Mr. Crull said staff could basically use the same structural plans and instead of the metal building facade, they could bid as an alternate a full brick veneer facade all the way around with an upgraded roof design, and then make a cost comparison. Mr. Martin made a motion to direct staff to go out with a base bid and two alternate bids for a full brick veneer and an upgrade to a standing -seam metal roof system. Mr. Martin's motion was seconded by Mr. Garcia, and it passed unanimously. Mr. Martin suggested that a long-range plan for the Fire Department be developed before proceeding with any new fire stations, which Mr. Crull briefly addressed. Mr. Hennings also reported that the TNRCC is scheduled to consider the city's wastewater effluent diversion project on November 5, 1997. He said that yesterday the city received a letter from Koch Refinery in which they requested full indemnification from any liability that might accrue from the project. Mr Hennings said it appears that their position will delay the time table of the project, which means that the city will have to ask TNRCC to delay consideration of it while an agreement is attempted with Koch and contingency plans are developed. Responding to Dr. McNichols, Mr. Hennings said he basically thought that Koch was raising this issue now because they are at the stage of reviewing and assessing the liability to which they will be exposed. Mayor Neal explained how the parties involved in the effluent diversion project had been notified at the last minute that there was additional opposition to it, which he said was very discouraging. Mr. Hennings distributed an information sheet about City Hall's Customer Service Center, that will be disseminated through the local newspaper, as well as a memo from Mr. Cruz-Aedo, Director of Finance, about the minimal effect of the stock market's decline on the city's investment portfolio. He also reported that he will be attending the Texas Municipal League convention in Fort Worth. The City Manager noted that there will not be a Council meeting on November 4th, but there will be a special joint Council meeting with the interim board of the Crime Control and Prevention District on November 10th to canvass the results of the November 4th election. He suggested that Minutes Regular Council Meeting October 28, 1997 Page 20 a presentation on the purchasing of some new computer systems and the equipment notes financing proposal scheduled for the November 1 lth Council meeting be given beginning at noon, followed by the regular 2:00 p.m. Council meeting. In addition, there will be the monthly report from Freese & Nichols on the Wesley Seale Dam. Mayor Neal asked Mr. Hennings to consider when to continue the discussion with the Council about the city department performance review program, and he asked Mr. Bray to respond to comments made by Mr. Rosenstein. He also commented on the November 4th election. * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports. Council Member Martin said he wanted to have the opportunity to discuss the group health insurance issue in more length and allow the City Manager to provide the Council with more information. He then made a motion to reconsider the action taken on October 21, 1997 regarding the release of a request for proposals for the group health insurance program; seconded by Council Member Capelo. The motion passed (Council Member McNichols abstaining). Mr. Martin also asked about the status of his request for a legal opinion on the basis for the award of a recent architectural and engineering contract, and Mr. Hennings said the Council would receive it in their packets on October 31, 1997. Mr. Martin also referred to a correction he had made to a memo from Mr. Bray regarding the selection of the Alliance's board of directors. Mr. Martin asked if it was state law that requires the city to charge people for closing easements and giving back their property; Mr. Bray said the State Constitution requires that. With regard to the group health insurance program, Mr. Hennings distributed to the Council a confidential report in which he referred to the current amounts being paid and the proposal for the one-year extension from Humana. He pointed out that the alternative to accepting the extension would be to go out for proposals, although there is no assurance that the price would be better. Council members asked specific questions about the cost comparisons, to which Mr. Hennings responded. The City Manager went on to say that there were other factors involved in his recommendation to go out for proposals on the group health program; namely, that there was some criticism about the process of selecting Humana to begin with; also, there is the matter of allocating the premiums among the four groups in the plan. He added that the proposal made by Humana for the extension was not as good as he had hoped could be negotiated. Mr. Martin said he was trying to understand why staff had recommended going out for proposals rather than extending the current contract. Mr. Hennings reiterated that this decision was Minutes Regular Council Meeting October 28, 1997 Page 21 a close call, and he said he would recommend that the Council rescind their previous action and allow him to extend the contract for one year. Council Member Capelo made the following motion, seconded by Council Member Cooper. City Secretary Chapa polled the Council for their votes as follows: 15. M97-321 Motion authorizing the City Manager to renew the City of Corpus Christi group health insurance plan for one year in accordance with the proposal made by Humana. The foregoing motion passed by the following vote: Capelo, Cooper, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Gonzales voting "No"; Garcia and McNichols absent. Mr. Martin said he thought the selection process that Mr. Hennings mentioned was very open, and it was a subsequent process pertaining to some other selection for insurance that Mr. Martin had questioned. Dr. Gonzales said representatives from Moody High School had indicated that they wanted a complete Council meeting to be held at Moody on January 27, 1998. Dr. Gonzales said he also strongly supported the idea of eliminating the sales tax on utilities. Mayor Neal said he thought that issue should be discussed but he said he would not want to make a change now that would result in a shortfall in the current budget. Mrs. Cooper thanked the staff of the Park and Recreation Department for a recent rally they assisted with and for coordinating a senior citizens pageant. Mr. Garcia asked about the contract with Naismith Engineering regarding the effluent diversion project. Mr. Hennings said if the TNRCC does not approve the plan on November 5th, the time lines would change and the city should go out with an expedited RFP on the engineering work. Mr. Garcia also requested additional information about minority businesses. Mrs. Longoria asked for information about the type of chemical used in controlling mosquitos, and whether or not more staff and equipment can be designated to controlling mosquitos. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:30 p.m. on October 28, 1997. * * * * * * * * * * * * *