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HomeMy WebLinkAboutMinutes City Council - 05/19/1998I 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 May 19, 1998, which were approved by the City Council on June 9, 1998. WITNESSETH MY HAND AND SEAL, this 9th day of June, 1998. Armando Chapa City Secretary SEAL MINIJTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 19, 1998 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales* Council Members: Javier D. Colmenero Melody Cooper Alex L. Garcia Jr. Betty Jean Longoria John Longoria Edward A. 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 Pastor Anibal Burgos, Iglesia Cristiana Betania, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of May 12, 1998, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. Mr. Steve Ordahl, Executive Director of the Texas State Aquarium, noted that the aquarium is celebrating its eighth anniversary on July 4th, and he expressed their appreciation for the city's ongoing support. He also introduced the aquarium's new "Floating Phantoms" exhibit, which opens May 22nd and runs through December 1999. He said the $200,000 cost of the multi -sensory jellyfish exhibit was paid for through private and corporate donations. *Council Member McNichols arrived at the meeting at 2:10 p.m. The next presentation was made by Mr. Frank Brogan, Project Engineer of the Lake Texana pipeline. He provided the monthly status report of the project, which is approximately 85% complete with over 92 miles of pipeline installed. He showed slides of the project's progress, as well as a short Minutes Regular Council Meeting May 19, 1998 Page 2 videotape of the Victoria Barge Canal directionally drilled river crossing which was successfully completed on April 24'. The directionally drilled crossing on the Guadalupe River, completed on May 3rd, set a new record for that procedure, which was accomplished by Michel's Pipeline of Wisconsin. Mr. Brogan said the project is still on schedule and on budget and start-up is anticipated in late August. Council Member Garcia thanked Mr. Brogan for keeping the Council and the public informed about this project. Council Member McNichols commented on how well the contractor has been installing the pipe, including cleaning each site as the project progresses and leaving little indication of the pipeline's presence. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Animal Control Advisory Committee Dr. Pamela Hoge -Smith (Reappointed) Ben McDonald Commission on Children & Youth Grace Rank (Reappointed) Paula Rosenstein (Reappointed) Veronica Trevino (Reappointed) Arturo Rodriguez II (Reappointed) C C Regonal Transportation Authority Robert Jones (Reappointed) Karen Moody (Reappointed) Arnold Gonzales Jr. (Reappointed) Thomas Matthews (Reappointed) Vicki Garza Water/Shore Advisory Committee Roger Wright (Reappointed) Dr. JoAnna Mott Dr. Joseph Horvat Steven Moody Allen Dinn * * * * * * * * * * * * Human Relations Commission Robert L. Smith Sr. Hector T. Morales Building, Code Board of Appeals Brian Barnett (Reappointed) Jerry Garcia Ernesto Gonzalez Pipeline Review Panel Jim Simmons (Reappointed) B.G. Harwell (Reappointed) Albert Espinosa Jr. (Reappointed) Robert Samaniego (Reappointed) Robert H. Legler * Minutes Regular Council Meeting May 19, 1998 Page 3 The last presentation was the quarterly update by the Greater Corpus Christi Business Alliance. Mr. Joe Fulton, Alliance Chairman, introduced the Alliance members who would be providing updates on various aspects of the Alliance's operation. Mr. Bill Pruet, Chairman of the Convention and Tourist Director's Council, said the Alliance recently completed its eleventh year of consistent growth in the convention and visitor industry. He noted that a long-term marketing plan and a regional tourism plan are being developed for the Alliance. Ms. Char Beltran, Vice President of Convention and Tourism, explained three new programs that the Alliance is undertaking: a sports foundation, a Latin marketing program, and increased consumer advertisements to promote Corpus Christi as a tourism destination. Mr. Robert Rivera, Chairman of the Hispanic Chamber of Commerce, said the Hispanic Chamber and the Alliance are in the third month of a five-month contract that is intended, in part, to stimulate business for small entrepreneurs in the community; another goal is to attract Hispanic conventions. He also described their efforts to improve the use of the information center in Monterrey, Mexico. Mr. Tom Wheat, Chairman of Business Development, said the Alliance has participated with the Texas Department of Economic Development, the Texas Economic Development Council in Houston, the Port of Corpus Christi, CPL and other entities in various events to promote business development in Corpus Christi. He added that Corpus Christi is being considered as the location for a catalog retailer, a consumer products research center, a fabricator of oil and gas processing modules, telecommunications customer service center, and a transportation -related dealership. Mr. Mike Carrell, Co -Chairman of the Existing Industry Retention and Expansion Committee, briefly discussed the recent economic summit that was held in Corpus Christi. He said a survey was sent to nine industry sectors and the results of that survey will be discussed at a meeting on June 3, 1998, in order to develop a strategic plan. One of the issues that was identified was the need for a skilled workforce, which he explained, and he described the efforts of the Small Business Development Department. Ms. Laurie Cook, Chairperson -Elect of the Alliance, informed the Council about the Legislative Weekend scheduled for July 10-12, 1998. She said Texas Speaker of the House Laney has confirmed his attendance, and other legislators are invited. Mr. Ruben Bonilla reported on membership, leadership and education. He said the board will be refining the Leadership Corpus Christi program to make it more effective and responsive. Also, the Alliance completed a successful membership drive: there were 262 new members and S76,730 was generated. In addition, he said the Alliance has a 90% membership retention rate. He also commented on specific Alliance programs and activities, including the Fifth Dimension, poster design by Montclaire Elementary students, and the Texas Scholars Program. Minutes Regular Council Meeting May 19, 1998 Page 4 Responding to Mayor Neal, Mr. Gary Bushell, President of the Alliance, said the Alliance has made new appointments to the board of the Columbus Fleet and a new executive director, Mr. Ed Bartyzal, has been hired. Also, he said the number of visitors to the fleet should increase once the Alliance's Visitor Center is transferred from the Alliance building to its new location in Heritage Park. The Mayor asked if the Council would be receiving updates about the Columbus Fleet at the same time the Alliance gives their quarterly updates in the future; Mr. Bushell said the Alliance board would provide that information. He added that the Alliance has guaranteed the bond payments for the construction of the Columbus Fleet Plaza (approximately $3 million in capital financing). The Mayor also said he had met the Director of Protocol for the City of San Antonio, and he asked representatives of the Alliance and the Hispanic Chamber of Commerce to discuss the possibility of establishing a similar office in Corpus Christi, Mayor Neal asked if there were any studies being conducted to determine how to expand the Bayfront Plaza Convention Center. Mr. Bushell said a regional tourism study was being conducted by Economic Research Associates, and he said the Alliance staff would work with city staff on that issue. Council Member Betty Jean Longoria also commented about the importance of expanding the city's convention facilities. She asked about the Alliance's role in promoting holiday weekends in Corpus Christi. Mr. Bushell replied that the Alliance assists with many events, such as the upcoming windsurfing event, professional volleyball tournament, American Powerboat Races, and a concert prior to and following the fireworks for the Fourth of July celebration. He noted that the Alliance works with festival promoters to include specific dates in the Alliance's tourism calendars and its Web page. Mrs. Longoria asked about the Legislative Weekend, and Mr. Bushell said the city works with the Alliance in planning that weekend. Mr. Rivera referred to the Cinco de Mayo and Dies y Seiz celebrations. Council Member John Longoria spoke about developing economic opportunities on the T - Heads, as well as in other parts of the city. Mr. Bushell said they could discuss the issue of the T - Heads with Economic Research Associates, and he pointed out that the Alliance operates the Small Business Development Department for small businesses throughout the community. Mr. Longoria suggested that the Alliance board discuss their future plans for development. Council Member Colmenero commented on the establishment of an office for a Director of Protocol. Mr. Bushell said that when the city does host foreign officials or business executives, it is important to have the participation of local elected officials. Mr. Bushell also discussed the operation of the Visitor Center in Heritage Park and the coordination of the RTA scenic trolley and possibly the harbor ferry to that location at the end of Chaparral Street. Mr. Hennings referred to a draft agenda of the Legislative Weekend that he distributed to the Council. Council Member Garcia discussed the importance of better communication between the city and the Alliance regarding many issues. Mr. Bushell said the Alliance board agrees that strong communication, including the quarterly report being given that day, is vitally important for successful endeavors. Minutes Regular Council Meeting May 19, 1998 Page 5 Mayor Neal called for petitions from the audience. Mr. Donald Suiter, 210 S. Alameda, said he was very concerned about gang warfare and drug activity, particularly in the upcoming summer months when tourism increases, and how that activity will affect the safety of local police officers. Mr. J.E. O'Brien, 4130 Pompano, requested information on the status of the 50 -cent 911 fee being collected by the Council of Governments. Mayor Neal replied that the city was still awaiting information from the Attorney General's Office. Mr. O'Brien asked when the city's budget would be submitted to the Council, and the Mayor replied May 29"'. Mr. O'Brien also asked if the low traffic count on the JFK Causeway was a possible symptom of poor economic development policies, and he commented on the Business Alliance's membership fees. He wondered whether it was time for the Council to consider truly opening up the process to all business people. Mr. Leon Perez, 904 Buford, criticized the original construction of the JFK Causeway. Mr. Abel Alonzo, 1701 Thames, commented favorably about the Alliance's presentation to the Council. He said Mr Bushell told him that he would work very hard to make the Alliance board more inclusive. Mr. Alonzo said he felt the Alliance's programs can improve the quality of life here. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4-12, and Council members requested that Items 4, 7, 8, 10 and 11 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M98-170 Motion approving a supply agreement with the following companies for wrecker service for City owned vehicles and equipment in accordance with Bid Invitation No. BI -0137-98, based on low bid for an estimated annual expenditure of $58,881. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 97-98. Southside Towing Corpus Christi, Texas Group I $41,611 E&J Auto Truck & RV Service Corpus Christi, Texas Group II $17,270 Grand Total: S58,881 Minutes Regular Council Meeting May 19, 1998 Page 6 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 6. M98-171 Motion authorizing the City Manager or his designee to execute a contract in the amount of $79,000 with Anco Mechanical dba Fabair Inc. of Gregory, Texas, for lead abatement at the Police Pistol Range, Phase 2. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 9. M98-174 Motion authorizing the City Manager or his designee to execute an amendment to Joint Funding Agreement No. TX98029 with the U.S. Geological Survey for Federal FY 1997-98, authorized by Motion No. M97-295 on October 14, 1997, to upgrade and install river gaging stations and reservoir measurement equipment within the Nueces River Basin Surface -Water Network at a cost not to exceed $68,600, with future year operation and maintenance costs subject to appropriation. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 12. ORDINANCE NO. 023317 Amending the Code of Ordinances, Chapter 53 - Traffic, Article VII - Schedules, Section 53- 254, Schedule V—Increase in State Speed Limit in Certain Zones on Holly Road (from 35 MPH to 40 MPH between Everhart Road and a point 500 -feet west of Carroll Lane). The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, pipeline inspection system. Council Member Colmenero requested a breakdown on the cost of the four closed-circuit televising cameras and related accessories. City Manager Hennings said staff needed to research that information and bring it back during the next regular Council meeting. Minutes Regular Council Meeting May 19, 1998 Page 7 4. WITHDRAWN circuit televising camcras at.d related-aec ,ssurics f em thy, IIeustet,-Calvestei. Area Council * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, minor storm drainage improvements. Responding to Council Member Garcia, Mr. R.H. Shackelford, Director of Engineering Services, said the engineering companies did not feel the overall project would be profitable for them because separate designs would be needed for each location; consequently, only one firm presented a proposal. He said they believe the firm is qualified to perform the work and the fee is reasonable for the multiple locations. City Secretary Chapa polled the Council for their votes as follows: 7. M98-172 Motion authorizing the City Manager or his designee to execute a contract for Engineering and Consulting Services in the amount of $62,485 with Goldston Engineering, Inc. for the Minor Storm Drainage Improvements Project. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, change order for Del Mar street project. Council Member Garcia asked if the residents in the area were aware of the time extension on that project. Mr. Shackelford said when the contractors opened up the street and determined that the sewer line was in worse condition than anticipated, they communicated that information to the residents. He said they could specifically notify them about the time extension that would be required to complete the work. City Secretary Chapa polled the Council for their votes as follows: 8. M98-173 Motion authorizing the City Manager or his designee to execute Change Order No. 8 with RAMEX Construction Company, Inc. for the Del Mar Area Street Improvements Project, Minutes Regular Council Meeting May 19, 1998 Page 8 Phase I, in the amount of $69,474.10 for a revised contract amount of $2,942,593.49. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, integrated alert notification system. In reply to Council Member Colmenero, Fire Chief J.J. Adame said this system will be operated out of the 911 Center to insure the accuracy and timeliness of the information. Mr. Hennings added that the information will also be available on TCI Cablevision Channel 20. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 023315 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to share operating and maintenance cost of the Integrated Alert Notification and Information System. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, funding for Blanche Moore baseball team. Responding to Council Member John Longoria, Mr. Tom Utter, Assistant City Manager for Development Services, said this item involved a "pass-through" from the Blanche Moore Foundation to the baseball team. Mr. Longoria requested additional information, which Mr. Utter said staff would provide. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 023316 Ordinance appropriating $10,000 from the Blanche Moore Foundation in the No. 111 Trust Fund - Blanche Moore Baseball Team for the expenses of the Corpus Christi Magic Blanche Moore Baseball Team. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. Minutes Regular Council Meeting May 19, 1998 Page 9 Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, ad hoc art selection panels. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. M98-175 Motion authorizing the appointment of three ad hoc art selection panels to the Municipal Arts Commission for the purpose of selecting artwork for the Agnes/Laredo Underpass, Joe Garza Recreation Center and Fire Station #7 in accordance with the public art ordinance. The foregoing motion passed by the following vote: Colmenero, Cooper, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, ad hoc peer panel. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes: 14. M98-176 Motion authorizing the appointment of an ad hoc peer panel to the Municipal Arts Commission, consisting of arts specialists, to review applications for the FY 1998-99 Performing Arts Subgrant Program. The foregoing motion passed by the following vote: Colmenero, Cooper, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, public art for Brooks Chapel Early Childhood Development Center. He called for comments from the audience, and there were none. Mr Hennings referred to illustrations of the public art. City Secretary Chapa polled the Council for their votes as follows: 15.a. M98-177 Motion authorizing the City Manager or his designee to execute agreements with artists Jill Minutes Regular Council Meeting May 19, 1998 Page 10 Pankey and Barry Brown to provide public art for the Brooks Chapel Early Childhood Development Center for $3,250. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 15.b. M98-178 Motion authorizing the City Manager or his designee to execute an agreement with artist Guy Morrow to provide public art for the Northwest Senior Center for $9,400. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, liquid waste disposal. He called for comments from the audience. Mr. Dee Haven, Director of Public Affairs for the Coastal Bend Restaurant Association (CBRA), said members of the association have been meeting for some time with staff from the city's Wastewater Department because they have known that the city was going to have to stop disposing of grease trap wastes at the city's wastewater treatment plants. He said there are now companies that will accept those wastes for recycling, but that will involve an increase in costs. In addition, there are ways to reduce the frequency of pumping grease traps, namely, by increasing their size and by treating them with a particular bacteria that consumes the solids. Mr. Haven said they were asking the Wastewater staff to study that issue further and to change the pumping schedule from its present quarterly frequency to one based on actual need. Mr. Bob Becquet, President -Elect of the CBRA and a local restaurateur, echoed Mr. Haven's request that the bacteria treatment be pursued as a possible solution along with the change in the pumping frequency and the enlarging of the grease trap sizes. Mr. J.E. Brown, owner and operator of Brown's Septic Tank Service, said there are very few businesses such as his that are servicing the local restaurants' grease traps. He also discussed the change in prices that will occur with the proposed changes in the servicing of grease traps. Mr. Drew Liedeker, 509 Barracuda, said he is the owner of BioStim of South Texas, the largest bioremediation company in Corpus Christi. He urged the Council to review the quarterly pumping of grease traps and to work with the Wastewater Department staff and companies such as his to conduct the necessary tests regarding bioremediation technology. He added that his company Minutes Regular Council Meeting May 19, 1998 Page 11 monitors their clients' grease traps and recommends full pumping of the traps when it is needed. Ms. Yolanda Andrade, owner and operator of Sani-Can, said they are currently paying $3.00 per 1,000 gallons of wastewater disposal and the ordinance proposes to increase that amount to $35.00 per 1,000 gallons. She said that will hurt the small business owners in this community, and she pointed out that San Antonio is charging $6.58 per 500 gallons, which she felt was more reasonable that Corpus Christi's proposal. Responding to Council Member Colmenero, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said that vehicles used to transport liquid wastes on city streets will be required to visit the Wastewater Department offices in order to be inspected and certified. Mr. Wayne Cockroft, Wastewater Superintendent, added that the ordinance lists the numerical limitations of metals with which the wastewater transporters must comply, and random samples of liquid wastes may be analyzed to ensure compliance. In reply to Council Member Garcia, Mr. Crull and Mr. Cockroft explained why the city established a 90 -day cycle for servicing grease traps and the importance of properly sized grease traps. Mr. Cockroft added that he had told Mr. Haven of the CBRA and others that the city would be willing to experiment with the bacteria treatments and possibly changing the frequency of grease trap pumping from quarterly to biannually if those treatment methods are successful. Mr. Crull said that as it is proposed, the ordinance would become effective 30 days after the second and final reading; however, staff would not object to changing the effective date to 90 days or 180 days after approval to allow the restaurants time to upgrade the size of their grease traps, as Mr. Garcia suggested. Responding to another question from Mr. Garcia, Mr. Cockroft said staff obtained a list of businesses that the Health Department inspects to notify them about public meetings on the proposed changes to the ordinance, but there was a low turnout at the meetings. Mr. Garcia said he owns two supermarkets and he did not receive a notice about those meetings, and he expressed concern about how this will affect small businesses. Mr. Cockroft explained the proposed fee changes. Council Member Martin said there are two parts to the ordinance; the first indicates that grease trap wastes will no longer be accepted at the wastewater treatment plants, which has been the practice in other cities. He noted that the charges are being set by the private sector. Mr. Martin said the second part of the ordinance pertains to the increase in fees for accepting septic and chemical toilet wastes, which affects residents who are not on the city's sewer system. He said that fee should relate to a sewer disposal charge. In response to Mayor Neal, Mr. Crull and Mr. Cockroft further explained the process that is followed regarding grease trap pumping and waste disposal as well as costs associated with that. Mr. Haven reiterated their request that the bacterial treatments be further investigated to determine if they Minutes Regular Council Meeting May 19, 1998 Page 12 would be effective and economically feasible. Mr. Crull said that, in cooperation with the CBRA, they could select a few restaurants on which to test the bacterial treatments, which could take six months to evaluate. Mr. Liedeker said that about 45 locations in Corpus Christi already use his company's bioremediation service (bacterial products). Mr. Garcia said he thought all the businesses that will be affected by the proposed ordinance should be notified. Mr. Crull also discussed the temporary transfer facility that exists in Robstown. Responding to Council Member McNichols, Mr. Cockroft described the problems that occur when grease wastes pass through the treatment plants because the grease cannot be treated. Mr. Martin said the city should have stopped accepting grease wastes at the treatment plants a long time ago and that portion of the ordinance needs to be approved. He said the Council should adopt the ordinance on first reading, while the issue of the fee for disposing of septic and other liquid wastes should be further studied by staff. He noted that the issue about grease trap pumping is not addressed in this ordinance but in the plumbing code. Mr. Crull said proposed amendments to the plumbing code would be coming before the Council in the near future, and staff could review the bacterial treatment and grease trap pumping issues then. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding the collection, transportation and disposal of liquid wastes; providing for repeal of conflicting ordinances. The foregoing ordinance passed on first reading by the following vote: Cooper, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia voting "No"; Colmenero and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, stormwater management guidance document. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 023318 Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Building; Construction and Related Operations; Housing and Housing Premises Standards and the Corpus Christi Platting Ordinance regarding the adoption of a Stormwater Management Minutes Regular Council Meeting May 19, 1998 Page 13 Guidance Document for assessment of water quality impacts from new flood control projects. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. Council Member Martin asked if developers who will be affected by that ordinance will say they were uninformed about it; Mr. Hennings said staff had contacted the developers. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, reaffirming the city's financial policies. He called for comments from the audience, and there were none. Responding to Council Member Martin, City Manager Hennings referred to Section 4 of the proposed resolution, which states in part that "the GO Debt Bond Fund will continue to maintain an acceptable level of fund balance to cover a substantial portion of the subsequent year principal and interest debt obligation." He said staff had discussions on May 18' with representatives of Moody's Investor's Service and Standard and Poor's to confirm their previous position that that reserve (which is an excess reserve above the amount required) is not a factor in the city's ratings. In response to other questions from Mr. Martin, Mr. Hennings said there was no change in Section 6, which states that in the General Fund current budgeted revenues will exceed current budgeted expenditures; while recommendations "A" and "B" are not specifically stated in the proposed resolution, they comply with Section 3. Following a brief discussion, Mr. Hennings said staff could provide a table illustrating the specific figures for Section 3, and Mr. Martin suggested that tables for Sections 3 and 4 be included each year as the financial policies are reaffirmed. In reply to Council Member McNichols, Mr. Hennings confirmed that the ending fund balance for FY 1997-98 was projected to be $2,170,190; however, it is anticipated to be $4,844,415, resulting in an increase of $2,674,225. Mr. Hennings recommended that that increase in funds be utilized to balance the FY 1998-99 General Fund budget. Dr. McNichols asked what the result would be if that action was not taken and the ending fund balance was $4,844,415. Mr. Hennings replied that it would change the financial plan by building the fund balance faster than intended, and it would essentially take out over $2 million from the street maintenance budget next year. He said this year, street maintenance was underfunded by about $2 1 million, and the city's financial status is not anticipated to improve next year unless new revenue sources are found. Mayor Neal also raised questions about the proposal, adding that it was important that the city reaffirm the financial policies previously established. Mr. Hennings explained that his intention Minutes Regular Council Meeting May 19, 1998 Page 14 is to present the Council with a budget that has an ending fund balance consistent with the proposed resolution, rather than an ending fund balance that is $2.6 million more than that. He added that when the Council reviews the budget, they will have the opportunity to review that decision and determine whether they want to change the plan, thereby increasing the target ending fund balance for next year. Responding to Dr. McNichols, Mr. Hennings pointed out that the resolution does not specify the percentage of the principal and interest requirement for the subsequent fiscal year that the GO Debt Service Fund balance will cover. However, he is recommending that the amount for the fiscal year ending July 31, 1999 be sufficient to cover 50% of the principal and interest requirement for FY 1999-2000. He said that recommendation will meet the requirements of the resolution and, according to the rating agencies, that change will not affect the city's ratings. Mr. Hennings added that if the Council chose to maintain the GO Debt Service coverage at 63% rather than reducing it to 50%, that would put the city in a position of possibly reducing services or increasing the tax rate. He said that is also a decision the Council can make as they review the budget. Mr. Martin said if the Council approved the recommendation to draw the GO Debt Service Fund balance down to 50% (which would make $2.7 million available for General Fund debt and lease/purchase payments), that would result in the need to draw the GO Debt Service Fund balance down to 35% the following year, unless $2.7 million in new funds becomes available, which he said is unlikely. Mr. Martin said rather than formally adopting recommendation "C" regarding the GO Debt Service Fund balance, he would like to see staff's projections for next year on debt service. He added that Mr. Hennings will prepare the budget based on the recommendations he made, and it will be the Council's decision on the final outcome of the budget. Dr. McNichols made a motion to approve recommendations "A" and "B" as stated on page 184 of the City Council agenda memorandum, seconded by Mr. Martin, and passed (Gonzales absent). Mr. Martin pointed out that recommendation "D" detailed the modifications that were made to the July 1997 Financial Policy and which were incorporated in the proposed resolution. City Secretary Chapa polled the Council for their votes on the resolution as follows: 18. RESOLUTION NO. 023319 Resolution adopting financial policies to rebuild General Fund ending balances to prior year levels and ensure that ending balances are maintained at acceptable levels in future years. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. ************* Minutes Regular Council Meeting May 19, 1998 Page 15 Mayor Neal opened discussion on Item 19, Del Mar street improvements. City Manager Hennings referred to diagrams of the three phases of that project, and he noted that the costs varied primarily because of the cost of the utility portions of the projects. The total cost of those street improvements is $10,325,000 and of that amount, 685 property owners paid a total of $1,268,000 in assessments. Mr. Shackelford said the issue before the Council was the use of `valley gutters" in the 100- 200 blocks of Del Mar Boulevard, which consists of 16 residences within the area of concern. He gave a history of the project, explaining that in 1985, the Del Mar Neighborhood Association organized the residents to qualify all of the streets within the neighborhood for the 1986 Voluntary Paving Program. Mr. Shackelford said the neighborhood is bounded by Louisiana Parkway on the south; Ayers Street on the north; Ocean Drive on the east; and Staples Street on the west. Mr. Shackelford said that due to economic setbacks the city experienced after the 1986 bond election, many projects were delayed, including the Del Mar street improvements. In early 1991, when it became apparent that funds would not be available to accomplish the entire Del Mar street project simultaneously, city staff met with representatives of the Del Mar Neighborhood Association and it was agreed that the project would be divided into three phases, with the Phase 2 improvements being constructed first since it has the greatest number of property owners (314); Phase 1 has 114 property owners and Phase 3 has 257. He also explained specific aspects of the design of the Phase 2 improvements, which were completed in 1994. The Director of Engineering said that in early 1995, as the Council was reviewing the status of the 1986 bond program, the Del Mar Neighborhood Association strongly promoted completion of Phases 1 and 3 of the project. In the fall of 1995, the Council directed staff to finalize the 1986 bond program. Mr. Shackelford noted that eight public meetings were held with the Association to review several aspects of Phases 1 and 3, including project scope, plans and specifications, and other concerns prior to receiving competitive bids in October 1996. Construction contracts were awarded on January 14, 1997, and both projects have proceeded concurrently. He said the current issue raised by some of the residents of the 100-200 blocks of Del Mar Boulevard concerns the incorporation of valley gutters in Phase 1; Phase 2 does not have valley gutters but uses sheet drainage. He said it is staffs understanding that the residents object to valley gutters because they believe the overall appearance is unacceptable and severely detracts from the aesthetics of the neighborhood, in addition to the potential for the valley gutters to hold water and collect debris. Mr. Shackelford acknowledged that there are three or four valley gutters in Phase 3 at Del Mar Boulevard and Brownlee that have ponding water. Staff has been aware of this deficiency since last fall, and it will be corrected at no cost to the city prior to completion of the project later this year. Minutes Regular Council Meeting May 19, 1998 Page 16 He said all of the valley gutters now constructed in Phase 1 have been checked, and there is sufficient fall to carry off all the water and be dry within approximately 24 hours after a rain event. Mr. Shackelford described options that have been developed in response to the complaints about valley gutters: rebuild the partially completed street to match Del Mar Boulevard Phase 2 - approximately $192,000; construct additional inlets and underground drainage manholes, rebuild portions of the curb and gutter, and remove the valley gutters- approximately $93,500; apply a dark color acid etch/dye to the valley gutters that would approximate the color of asphalt to minimize the color contrast between asphalt and concrete - approximately $9,600. It is anticipated that if any one of those three options are adopted, the residents on Del Mar Boulevard Phase 3 (and possibly Cole Street) may expect the same treatment, also at additional cost. Mr. Shackelford said it is regrettable that some residents are dissatisfied with the valley gutter design; however, no objections were received to their use during the various public meetings with the Association, and concerns about the gutters were first expressed in late April and early May of this year. He said the current design is functional, cost effective, and addresses the initial concerns expressed during the 1995 meetings, which were to preserve as many trees as possible and to minimize grade and elevation changes from those existing at that time. Responding to Mayor Neal, Mr. Crull and Mr. Shackelford further described various aspects of the Del Mar street improvements project, including the difference in design between Phase 2 and Phases 1 and 3, as well as the fact that there would not be sufficient funds in the bond fund reserves to reconstruct Phases 1 and 3 to match the design of Phase 2; additional funds would have to be taken from other projects in the capital improvement plan. In reply to Council Member Garcia, Mr. Crull said the engineers are instructed to create the most economical design for the project at hand. He pointed out that there are many different ways to approach a problem, all of which are equally functional. He said the Association members told staff their concerns were that the widths of the marginal access roads, streets, and medians be reconstructed in the same configuration that was present previously. Council Member Colmenero poised several questions. Mr. Crull and Mr. Shackelford noted that a master plan would contain conceptual information about a certain area, while the construction designs would contain specific details, such as the presence of valley gutters, inlet locations, driveway widths, etc. Mr. Crull also described several meetings that were held with residents of the Del Mar neighborhood to discuss the project. *Council Member Gonzales arrived at the meeting at 6:35 p.m. Council Member Betty Jean Longoria asked if staff felt there was a problem with the design of the valley gutters that needs to be corrected. Mr. Crull said that with the exception of the Minutes Regular Council Meeting May 19, 1998 Page 17 intersection of Brownlee and Del Mar Boulevard (which will be corrected by the contractor), he does not believe there is a need to make any changes in the project because the streets are functional and were constructed within acceptable engineering practices. Mrs. Longoria said she and an engineer who is not a member of city staff examined the valley gutters. It is her understanding that the residents are primarily concerned about the appearance of the valley gutters. She said she would not support taking funds away from any other projects to reconstruct Del Mar Boulevard, particularly since one of the projects is located in a neighborhood in Annaville that does not have curbs, gutters and sidewalks. Dr. Gonzales explained that he had just returned from attending an economic summit in another state, and he was not present when many of the other Council members had questioned staff about this issue. Mr. Crull and Mr. Shackelford explained many details of the project that they had previously described. Dr. Gonzales expressed concern about the design of the project. Mayor Neal called for comments from the audience. Mrs. Patsy Sparkman, 205 Del Mar Blvd., said that street is important to the rest of the city, and she and her husband were drawn to it because of its character as a true boulevard. She said it is evident that the valley gutter design in Phase 3 does not work properly, yet the contractor still proceeded to install the valley gutters in Phase 1, which she criticized. Mrs. Donna Frederick, 120 Del Mar Blvd., referred to a letter that had been distributed to the Council from Mr. Claude D'Unger (who could not be present at the meeting) regarding his objection to the use of valley gutters on Del Mar. She also referred to pictures comparing the appearance of a valley gutter in Phase 3 with the sheet drainage design in Phase 2. She said that following a recent rain, the valley gutters still contained water for days afterward. Council Member Cooper said she agreed with Mrs. Longoria that funds should not be taken from other capital projects in order to make any changes to the Del Mar street improvements project. Mrs. Sparkman reiterated her contention that Del Mar Boulevard is different from other streets, and she said the Council has a responsibility to preserve historic areas of the city. In response to Dr. Gonzales, Mr. Crull further discussed drainage on Del Mar Boulevard. Council Member Martin made a motion to rebuild Phases 1 and 3 of the Del Mar street improvements project to match the completed Phase 2 portion; the motion was seconded by Dr. Gonzales. City Secretary Chapa polled the Council for their votes, and the motion failed to pass by the following vote: Gonzales, J. Longoria, and Neal voting "Aye"; Colmenero, Cooper, Garcia, B. Longoria, and Martin voting "No"; McNichols absent. Minutes Regular Council Meeting May 19, 1998 Page 18 Mayor Neal opened discussion on Item 20, emission reduction credit training program. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20.a. M98-179 Motion authorizing the City Manager or his designee to execute a contract with the National Renewable Energy Laboratory of the U.S. Department of Energy in the amount of $60,000 to fund the city's development of a prototype Emissions Reduction Credit Trading Program within the Clean Cities Initiative for the Corpus Christi area. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia and McNichols absent. 20.b. ORDINANCE NO. 023320 Ordinance appropriating a grant in the amount of $60,000 from the National Renewable Energy Laboratory of the U.S. Department of Energy in the No. 162 Federal/State Grants Fund for expenses incurred in conducting the emissions assessment, program development, and implementation of an Emissions Reduction Credit Trading Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on Item 21, location of an air quality monitoring station. He called for comments from the audience, and there were none. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Colmenero, and it passed. Responding to Council Member Martin, City Manager Hennings explained that it is important to maintain the air quality monitoring station at West Guth Park because it has historically been located there; if it is moved, the historic modeling will be lost. Mr. Martin asked if that area would be fenced, and Mr. Hennings said it would be. Mr. Martin asked that the explanation of the importance of the historic location be included for the second reading. City Secretary Chapa polled the Council for their votes as follows: 21.a. RESOLUTION NO. 023321 Resolution determining that there is no feasible and prudent alternative to using an Minutes Regular Council Meeting May 19, 1998 Page 19 approximately 1,600 square foot portion of West Guth Park for the Texas Natural Resource Conservation Commission to operate an air quality monitoring station to protect the public health and safety of the citizens of Corpus Christi, and further determining that the location and operation of the air quality monitoring station was designed to minimize harm to the park. The foregoing resolution passed by the following vote: Colmenero, Cooper, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia, Gonzales, and McNichols absent. 21.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease, with the option to renew an additional five years, with the Texas Natural Resource Conservation Commission for approximately 1,600 square feet at West Guth Park to operate an unmanned air quality monitoring station in consideration of Texas Natural Resource Conservation Commission providing the air monitoring services. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia, Gonzales, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 22. Case No. 498-8. Ralph Bennett. A change of zoning from an "R -1B" One -family Dwelling District to an "AB" Professional Office District on La Pascua No. 2, Block 5, Lots 15 through 38, Block 7, Lots 15 through 38 and abandoned Ramona Drive right-of-way, bounded by Bloomington, Jose, Valdez, and Skinner Drives. City Secretary Chapa said the Planning Commission and staff recommended approval of the "AB" Professional Office District. No one appeared in opposition to the zoning change. Council Member Colmenero made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 023322 Amending the Zoning Ordinance upon application by Ralph Bennett, by changing the zoning map in reference to La Pascua No. 2, Block 5, Lots 15 through 38, Block 7, Lots 15 through 38, and abandoned Ramona Drive right-of-way from "R -1B" One -Family Dwelling District to "AB" Professional Office District. Minutes Regular Council Meeting May 19, 1998 Page 20 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia, Gonzales, and McNichols absent. ************* Mayor Neal opened the public hearing on the following zoning case: 23. Case No. 498-7. Raul T. Perez Homes: A change of zoning from an "R -1B" One -family Dwelling District to an "R-2" Multiple Dwelling District on Highway Village No. 2, Block 11, Lot 11B, located on the west side of Robby Drive, approximately 180 feet south of Leopard Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R-2" Multiple Dwelling District. No one appeared in opposition to the zoning change. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Council Member Martin asked if the applicant was present, and he was not. Mr. Martin then made a motion to postpone Item 23 to the June 9, 1998, Council meeting; the motion was seconded by Mr. Colmenero and it passed (Garcia, Gonzales, and McNichols absent). 23. POSTPONED Fa ttil Dwelli..g District to "R 2" Multiple-DweH-a.g District. ************* Mayor Neal announced the closed sessions, pursuant to Texas Government Code, Section 551.071, regarding the following: collective bargaining with Corpus Christi Police Officers Association; and pending litigation regarding the arbitration filed by Corpus Christi Police Officers Association v. City of Corpus Christi, AAA Case No: 703900005797, and attorney-client advice thereon, with possible action thereon in open session. Mr. Hennings stated that the following closed sessions would not be held: Roberto Diaz, et al v. City of Corpus Christi, Cause No. 97-6236-E, 148th District Court, Nueces County, Texas; and Isaac Valencia, et al v. City of Corpus Christi, Cause No. 97-6099-C, 94th District Court, Nueces County, Texas. Minutes Regular Council Meeting May 19, 1998 Page 21 The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings listed some of the items scheduled for the June 9'h Council meeting, including a discussion about the roof color of Memorial Coliseum. Council Member Colmenero asked if the report on the feasibility of combining the city's and CPL's meter reading functions had been included in last Friday's City Manager report. Mr. Hennings said it was mistakenly not included and staff intended to provide it this week. Council Member Martin asked if the redesign had been completed on the intersection of Shoreline Boulevard and IH -37, and Mr. Hennings said it was not yet completed but staff will provide a report. Mr. Martin then asked about the possibility of scheduling a meeting on June 2"a City Secretary Chapa said the Council could decide at the end of the meeting on May 26`h whether they wished to schedule a meeting for June 2"a. He said the notice of a meeting needs to be posted at least 72 hours prior to the meeting. Mr. Martin also requested that a presentation by Koch Refining be scheduled for the June 9th Council meeting. Council Member Betty Jean Longoria reported junk cars located on the 1900 block of Lipan. Mayor Neal reminded the Council that the May 26th meeting will begin at noon and the interviews of the city manager candidates will begin at 1:00 p.m. The Mayor said the Council still needed to honor the Keelers for their contribution to the Humane Society shelter. Mr. Hennings said the Keelers have agreed to attend the June 16" meeting. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:00 p.m. May 19, 1998. * * * * * * * * * * * * *