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HomeMy WebLinkAboutMinutes City Council - 06/16/1998I 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 June 16, 1998, which were approved by the City Council on June 23, 1998. WITNESSETH MY HAND AND SEAL, this 23rd day of June, 1998. Armando Chapag---- City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 16, 1998 2:00 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 Rev. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 June 9, 1998, and there being no corrections, he proclaimed them approved as presented. *Council Member McNichols arrived at the meeting at 2:05 p.m. * * * * * * * * * * * * * Mayor Neal referred to Item 3, a resolution honoring Tom and Cora Keeler. The Mayor said the Keelers have very generously given of their time and financial support to the Gulf Coast Humane Society, in particular, they have agreed to underwrite the $3 million cost to construct and equip a new Humane Society facility. He then read the resolution and, along with the Council members and those present, congratulated the Keelers. Mr. and Mrs. Keeler expressed their appreciation to the Council. 3. RESOLUTION NO. 023335 Resolution recognizing and honoring Tom and Cora Keeler for their generous financial support which provided funding for the Gulf Coast Humane Society to build a new state-of- the-art animal shelter facility in Corpus Christi. Minutes Regular Council Meeting June 16, 1998 Page 2 The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Civil Service Board/Commission Diana Martinez (Reappointed) C.C. Bay Area Minority Business Opportuni y Steering Committee Joe Adkinson Diana Garza Water Conservation Advisory Cmte H.R. Johnson (Reappointed) Billy Dick (Reappointed) Carrola Serrato (Reappointed) James Gill (Reappointed) Richard Hessee (Reappointed) Dale Nelson (Reappointed) Douglas Matthews (Reappointed) W.T. Young (Reappointed) August Meinrath (Reappointed) Michael Crocker Jon Kiggans John Lozano Michael Mahaffey Port of Corpus Christi Authority Kenneth Berry Greater Corpus Christi Business Alliance Tony Swainey Rosario Carrizo (Reappointed) Food Service Advisory Committee Ray Gomez * * * * * * * * Mayor Neal opened discussion on Item 4, an update regarding the Lake Texana pipeline. Mr. Frank Brogan, Project Engineer, said 100 miles of pipe have been laid and the overall project is 90% complete. He said the project is on budget and water should be flowing through the pipe at the end of August. He referred to slides illustrating the progress of the pipeline, the pump stations, and the open cut river crossings, which he described. In response to Council Member Colmenero, Mr. Brogan said he understands that the quality Minutes Regular Council Meeting June 16, 1998 Page 3 of the Lake Texana water is very good. Mr. Hennings added that a consultant has been engaged to assist city staff in preparing the plan for blending the two sources of water in the treatment process. Council Member McNichols noted that due to the severely hot weather recently, evaporative losses have increased, and he asked if the project deadline could be moved up in case the reservoir levels continue to drop. Mr. Brogan said they are doing everything possible to complete the project as quickly as they can; however, there is still much work to complete. Replying to Council Member Garcia, Mr. Hennings said the City of Corpus Christi has bought and paid for the water from Lake Texana and it has received the permit from the state agency to move the water; there are no further steps required other than to begin pumping the water. Mayor Neal asked about the maximum amount of water that can be drawn from Lake Texana per month. City Attorney Bray replied that the maximum annual amount is 41,840 acre-feet, and Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said the monthly amount is negotiable, as long as it does not damage the firm yield of the reservoir. Mayor Neal pointed out that even with the additional Lake Texana water, conservation must continue to be stressed. Dr. McNichols suggested that the Water Conservation Advisory Committee begin meeting again in light of the continuing hot, dry weather that contributes to the reservoirs being drawn down. A brief discussion ensued, and Mr. Hennings said staff will prepare a historical record of water consumption and actions that have been taken to improve the area's water situation. He added that he could not envision a situation where water rationing would be necessary, at least not for many, many years. * * * * * * * * * * * * * The next presentation was made by Mr. Richard Tuttle, who discussed Koch Refining Company's ongoing efforts to establish transition/buffer areas near Koch facilities. He said since 1982, the company has spent more than $50 million in acquiring land, homes, and undeveloped property. He said Koch representatives recognize that many residents have lived near the refineries for a long time, and they intend to be fair and sensitive to the residents' concerns. Mr. Joe Coco, Vice President of Refining and Manufacturing Manager of the company's Corpus Christi operations, said this is the second phase of the voluntary program, which he said is not a "neighborhood buy-out." He said it involves one-on-one negotiation with the homeowner and there is no deadline that has to be met. Mr. Coco added that the property Koch acquires will not be used for any expansion of their manufacturing facility. He then referred to a map of the area, describing the first and second phases of the project and answering Council members' questions. Mr. Hennings pointed out that the first of many neighborhood meetings would be held that night at the Oveal Williams Senior Center regarding the proposed northside area development plan (the subject of the next presentation), along with information about Koch's acquisition plan. Mr. Minutes Regular Council Meeting June 16, 1998 Page 4 Hennings said that following the neighborhood meetings, a public hearing on the northside area development plan will be held by the Planning Commission, which will make a recommendation to the City Council. The Council will ultimately decide what changes, if any, will be made to that plan. He added that the schedule for that process will be flexible to allow for input from the public. Mr. Tom Utter, Assistant City Manager for Development Services, further discussed the northside area development plan, and he recognized the efforts of Mr. Michael Gunning, Acting Director of Planning and Development, and Mr. Bob Payne, Senior Planner. Mr. Utter said the Broadway Wastewater Treatment Plant is scheduled to be shut down in the year 2004 and the intent is to create a multi-purpose facility in that area. Since the Hillcrest and Washington -Coles neighborhoods have significant infrastructure (Coles Elementary, Northside Neighborhood Clinic, Oveal Williams Senior Center), the goal is to protect those neighborhoods. Mr. Utter said about 90 units of the Leathers housing area will need to be demolished due to flooding problems and the remaining land developed into a "green belt" with recreational facilities. He said the Kerr-McGee tract may be developed into recreational areas or for light commercial uses. Mr. Utter also said the plan envisions making Port Avenue a major transportation corridor into the Bayfront Arts and Sciences Park and the bayfront area. He pointed out that the Oak Park neighborhood is going through a transition period for a total buy-out. The plan also proposes ultimately converting to industrial uses the area comprised of the Dona Park, Manchester Place, Academy Heights, and Lantana Heights neighborhoods. In response to Council members' questions, Mr. Utter briefly discussed the enterprise zone, the foreign trade zone, the northside road, and the areas encompassed within the city limits. Mr. Gunning reiterated that the focus of the neighborhood meetings, which begin that night, will be to solicit input from the neighbors themselves, rather than from people outside the neighborhoods. Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 7226 Owen Court, said he has appeared before the Council three previous times and sent numerous letters asking the same question: why does city staff refuse to notify developers in writing by official notification that their signs are illegal. He said there are numerous signs placed in city right-of-ways on weekends, which is illegal. Mr. Hennings said he believes that the law and the practice regarding those signs should mesh. He said there was an attempt several months ago to amend the law that would allow some flexibility, but no resolution was reached. He said he agreed with Mr. Gordy that the signs placed in the street right-of-way are illegal, and staff should notify the appropriate parties in writing. He added that the groups involved --including the Builders Association and the Board of Realtors-- Minutes Regular Council Meeting June 16, 1998 Page 5 should meet to work out an arrangement that is compatible with the law. Council Member Garcia said the Board of Realtors is not the only group in violation of the sign restrictions. In response to another question from Mr. Garcia, Mr. Hennings said in order for a change to be made, the Planning Commission would have the responsibility of making a recommendation to amend the zoning ordinance. He said he could place an item on the agenda next week requesting that the Planning Commission study the issue. Mr. Abel Alonzo, 1701 Thames, referred to the Port Authority appointment that was made earlier in the meeting, and he thanked those Council members, in particular Council Member Betty Jean Longoria, who supported the new appointment rather than reappointing the incumbent. Mr. J.E. O'Brien, 4130 Pompano, questioned whether a statement made during last week's Council meeting regarding the Debt Service Fund (as recorded on page 20 of the minutes) was accurate. He said the pass-through costs of gas and the pass-through costs of water are not included in the new utility bills, which he does not consider to be an improvement. He also referred to a statement made last week by the Director of Street Services regarding the monetary shortfall in that department. Mr. O'Brien then revised his suggestion from last week, saying that a non -personnel cost of only 5% in the General Fund will net in excess of $1.5 million. He also referred to the use of the ending fund balance to balance the city's budget, and he said there was an error on page 30 of the proposed budget regarding the Finance Department. In response to Mr. O'Brien, Mr. Hennings said with regard to the discussion last week on street services, the director was referring to the start-up time that would be necessary to phase in contracts and other elements in order to expand the current effort. He added that staff will review the page in the budget cited by Mr. O'Brien. With regard to Mr. O'Brien's first comment, Mr. Hennings said the intent of what is in the minutes is correct and staff will ensure that it matches up with the resolution. Mr. Leon Perez, 904 Buford, questioned the purpose of the Port Authority board, saying they receive large salaries and are uninformed. He also said he pays taxes to the Port Authority. Mayor Neal pointed out that the members of the Port Authority serve without compensation, and the only taxing that is done by the Port Authority is in conjunction with the Homeport bonds that the community passed by a 3-1 margin in 1985. Mr. R.F. Hasker, 1813 Wallace, quoted an article in the San Antonio newspaper regarding funding in the recent transportation bill for a study on the replacement of the Harbor Bridge. Mr. Hasker also said that members of a state association said more than $14 billion has been taken out of the veterans' and retirees' funds and put into the transportation bill. Mr. K.T. Goodman, 1002 Burr Dr., commented on the proposed location of Fire Station #4 on Rodd Field Road between Holly and Wooldridge. He said people who live in the neighborhoods Minutes Regular Council Meeting June 16, 1998 Page 6 of The Lakes, King's Crossing and others have suggested that a better location for the new station would be along the Yorktown/Cimarron corridor, or along the Yorktown corridor itself, possibly between Rodd Field and Staples or Rodd Field and Cimarron. He also suggested that the people who live and work in the fire stations be consulted regarding the design of a new station. ************* Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5-14, and Council members requested that Items 5, 6, 7, 9, and 12 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: 8. M98-203 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $113,300 with Bass & Welsh Engineering for Omaha Street - I.H. 37 to Leopard Street project. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10.a. M98-205 Motion authorizing the City Manager or his designee to accept $1,000 of FY 96 Home Investment Partnerships (HOME) Program funds administered through the Corpus Christi Community Improvement Corporation. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia abstaining. 10.b. ORDINANCE NO. 023338 Ordinance appropriating $1,000 of FY 96 Home Investment Partnerships Program funds in the No. 162 Federal/State Grants fund for homebuyer assistance activities approved by the City Council on May 26, 1996. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting June 16, 1998 Page 7 Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia abstaining. 11. ORDINANCE NO. 023339 Ordinance closing and abandoning a 962.50 -square foot portion of a 10 -foot wide by 96.25 - foot long utility easement out of Lots 8 and 9, Padre Business Park, subject to compliance with the specified conditions, and the owner, Humpal Physical Therapy & Sports Medicine Centers, replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13.a. ORDINANCE NO. 023340 Authorizing the City Manager or his designee to execute a twenty-year lease agreement with the Greater Corpus Christi Business Alliance for the Tex Mex Railroad Depot to be located at Heritage Park (Lots 1 through 6, Block 79, Beach Portion of the City of Corpus Christi, Texas) to be used as a visitors center in consideration for providing complete rehabilitation of the facility, visitor services, and the continued maintenance of both the interior and exterior of the building. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13.b. M98-206 Motion to amend lease with Corpus Christi Hispanic Chamber of Commerce prior to second reading: (1) to remove all mention of compliance with subrecipient requirements and to rescind Motion No. M98-161 that authorized the subrecipient agreement with the Hispanic Chamber of Commerce, and (2) to add a non-discrimination clause, rescission clause, and various housekeeping items to reflect a straight lease and not a lease with a subrecipient of federal grant dollars. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting June 16, 1998 Page 8 13.c. ORDINANCE NO. 023341 Authorizing the City Manager or his designee to execute a twenty-year lease agreement with the Corpus Christi Hispanic Chamber of Commerce for the Buddy Lawrence House to be located at Heritage Park (Lots 4, 5, and 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to be used for operations of the Chamber of Commerce as well as for tourist and convention promotion in consideration of one hundred and fifty dollars ($150) monthly and interior maintenance of the facility. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14. ORDINANCE NO. 023342 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 second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, purchase of GIS server. Council Member McNichols asked if the Hewlett-Packard server is guaranteed to be year 2000 compliant in all respects, and Mr. Hennings replied that it is. Council Member Colmenero asked about the compatibility of the software. Mr. John Bacon, Director of Information Systems, said they are compatible and the vendor will continually send the city updates for the software. City Secretary Chapa polled the Council for their votes as follows: 5. M98-200 Motion approving the purchase of a Hewlett-Packard GIS Server in accordance with Bid Invitation No. BI -0122-98, from Sirius Computer Systems, San Antonio, TX, based on the low bid of $27,451.44. The server will be used by Water, Wastewater, and Stormwater departments, and is budgeted in the 1997-98 Capital Outlay. Minutes Regular Council Meeting June 16, 1998 Page 9 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, computer software and technical support. Dr. McNichols asked if Oracle Corporation guarantees that the software will be year 2000 compliant, and Mr. Hennings said they did. City Secretary Chapa polled the Council for their votes: 6. M98-201 Motion approving the purchase of software and technical support from Oracle Corporation, Austin, Texas, for a total amount of $16,308.95. The purchase is made through the State's Cooperative Purchasing Program. The software will be used by the Planning and Development Department in their GIS operations. Funds have been budgeted in FY 97-98. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, roof repair on reservoir facility. In response to Council Member Garcia, Mr. Hennings and Mr. R.H. Shackelford, Director of Engineering Services, commented on the bids that were received for that project. Mr. Hennings noted that the lowest 11 bids were very competitive, although there were others that were much higher. City Secretary Chapa polled the Council for their votes as follows: 7. M98-202 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing Company of Corpus Christi, Texas, in the amount of $230,575 for the Savage Lane Reservoir Roof Repair - 1998. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Minutes Regular Council Meeting June 16, 1998 Page 10 Mayor Neal opened discussion on Item 9, Texas Coastal Management and National Estuary Program grants. Mr. Hennings said Item 9.b. needed to be postponed because although the city has received a letter from the General Land Office confirming the award of the grant, the letter is not sufficient to appropriate against. He said Items 9.a., 9.c., and 9.d. could proceed as presented. Council Member Martin asked if the Council had previously accepted the grant on Item 9.d., and Mr. Utter said they had. City Secretary Chapa polled the Council for their votes as follows: 9.a. M98-204 Motion authorizing the City Manager or his designee to accept a $150,000 grant from the Texas Coastal Management subrecipient grant. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 9.b. POSTPONED 9.c. ORDINANCE NO. 023336 Ordinance appropriating $40,000 received from a Texas Coastal Management Subrecipient Grant in the No. 162 Federal/State Grants Fund for the Corpus Christi Beach Association/ City of Corpus Christi (subrecipient) to prepare an action plan study and develop comprehensive implementation strategies for the North Beach area. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 9.d. ORDINANCE NO. 023337 Ordinance appropriating $75,000 received from a Corpus Christi Bay National Estuary Program/TNRCC Subrecipient Grant in the No. 162 Federal/State Grants Fund to implement the Falcon Park/Oso Creek Wetland Enhancement and Demonstration Project. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting June 16, 1998 Page 11 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, lease with Nueces County Community Action Agency (NCCAA). Responding to Council Member Garcia, Mr. Utter said the proposed site for the new Headstart Program is adjacent to the Williams Drive Health Clinic and it is located a considerable distance from a bar on Williams Drive. City Secretary Chapa polled the Council for their votes: 12. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a ten-year lease, with a ten-year option to renew, with Nueces County Community Action Agency for Lots 20 and 21, Block 4, Gulfway-Airline Park, Unit 1 in consideration of Nueces County Community Action Agency operating a Headstart Program for eligible citizens of Corpus Christi and maintaining the premises and improvements. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened discussion on Item 15, a public hearing on the Corpus Christi Crime Control and Prevention District budget. No one appeared in opposition to this item. Ms. Rose Vela, Board Chairperson, said the proposed crime control budget includes funds for the following: a 24-hour juvenile curfew and assessment center, an additional 50 police officers over the next five years, and a community policing program, among other initiatives. She explained that during the board's regular meeting on May 27, 1998, they were informed by the city's Finance Department staff that the estimated revenue calculations needed to be revised. The earlier projections included sales tax income on residential electricity, which is exempt from the tax, resulting in a difference in the ending balance of $169,520. She said the board was informed yesterday that the budget does not include interest earnings, which will help alleviate the shortfall. Ms. Vela also said the proposed funding for the initial year for the juvenile center was conservative with the intent that the board will accept proposals for outsourcing from other agencies, so that any surplus from the juvenile center will be used toward crime prevention and control projects. She added that it is the position of the board that no proposed projects presented to the voters will be affected by the revision. A revised copy of the proposed budget was distributed to the Council. She noted that funding for the juvenile center is reflected in one line item rather than individually itemized. Minutes Regular Council Meeting June 16, 1998 Page 12 Council Member Gonzales asked if the school police partnership issue had been resolved. Ms. Vela replied that the subcommittee has met several times to discuss that issue and they are scheduled to finally approve the proposal next week. She said the question is whether the funding for the school police partnership program should be allocated to each school district on a calls -per - service basis or a per capita basis. Dr. Gonzales said the purpose of that program was to fight crime in the areas that it is needed. Council Member Colmenero asked if a location had been chosen for the juvenile center. Ms. Vela said they had not yet chosen the site, saying a meeting would be held on Thursday to develop a request for proposals. Council Members Betty Jean Longoria and Garcia also commented on the debate regarding the school police partnership program. Responding to Council Member Martin, City Attorney Bray said the Council's options were to either approve or reject the crime control district budget. He said if they reject it, the statute says the Council and the district board shall meet and agree on a budget. Mr. Martin also asked if the board members were aware of the outside Police Department study and whether they felt it was inconsistent at all. Ms. Vela said they had discussed the study and did not feel it was inconsistent. Mr. Garcia made a motion to amend the resolution to reflect the new Exhibit A (1998-99 revised budget for the crime control district); seconded by Mr. Colmenero, and passed. Mr. Garcia made a motion to close the public hearing, seconded by Dr. McNichols, and passed. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 023343 Resolution approving the FY 98-99 budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution passed, as amended, by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, a public hearing on the closure of a portion of Lipan Street. City Secretary Chapa noted that Item 16 needed to be amended to change the name of the owner. Council Member Martin made a motion to amend Item 16 as indicated by staff, seconded by Council Member Garcia, and passed. Mayor Neal called for comments from the audience, and there were none. Mr. Martin then made a motion to close the public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 16, 1998 Page 13 16. ORDINANCE NO. 023344 Ordinance closing and abandoning a 1,904 -square foot portion of Lipan Street right-of-way of Lots 2A and 2B, Block B, Missouri Improvements Company Tract, subject to compliance with the specified conditions, and the owner, Delaine Scholl Weil, independent executor of the estate of Jack H. Scholl and trustee of the Scholl Trust and Jackson Ward Scholl, replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * ** Mayor Neal opened the public hearing on the following zoning case: 17. Case No. 498-10. Sterling Michael Love: A change of zoning from an "R -1B" One -family Dwelling District to a `B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Block 5, 1.540 acres out of Lot 25, located on the northwest corner of Lipes Boulevard and South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Council Member Garcia made a motion to close the public hearing, seconded by Council Member Cooper, and passed. Responding to Council Member Martin, Mr. Utter said the Comprehensive Plan calls for residential (single-family) land use in the general area of the subject property. Mr. Martin said since a signal was placed at Yorktown Boulevard, the intersection of South Staples Street and Lipes Boulevard has become very dangerous. Mr. Gunning said the applicant is proposing to build a convenience store with retail fuel sales on the subject property. Mr. Martin pointed out that there is a Coastal Maverick convenience store located directly across Staples Street, and traffic comes from several different directions. He questioned why staff was recommending it. Mr. Gunning replied that the subject property is located on the corner of an arterial street and a collector. and staff felt that "B-1" would accommodate the business's uses. Mr. Martin also questioned when left turns in certain areas would begin to be prohibited. In reply to Council Member Garcia, Mr. Utter reviewed the zoning classifications of the adjacent properties. He said this case had been discussed at length by city staff and by the Planning Commission during their meeting, and they recommended the "B-1" zoning instead of the "B-4" Minutes Regular Council Meeting June 16, 1998 Page 14 zoning by a 5-4 vote. He said several Planning Commission members wanted to grant the `B-4." Mr. Garcia asked what the cost would be for a traffic signal at that intersection, and Mr. Utter said it would be between $50,000 to $75,000. Council Member Gonzales said the Council has identified a problem with the traffic situation at the Lipes/South Staples intersection, and rather than backing off from the situation, they are proceeding in the hope that extra funding will become available for a traffic signal there. Mr. Martin asked if the applicant was present, and he was not. He then requested information about the rules on driveways, which Mr. Gunning explained. Mr. Martin said this was more of a traffic concern than a zoning issue. Mr. Utter said since the applicant was not present and the Council had raised several concerns, they could postpone this zoning case for one week and possibly make a recommendation that would take into account some of the traffic patterns. Mr. Martin made a motion to table Item 17, seconded by Mr. Garcia, and passed. 17. POSTPONED th zat,it.g map in refete.ic,. to 1.540 aeies out of Lot 25, Sectieti 5, Flout Bluff and L,te;,.al Bush css Dstri�t. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 18. Case No. 498-13, Ricardo Gonzalez: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District on Crestmont Unit 3-R, Block 12, Lots 24 and 25, located on the south side of Holly Road, approximately 265 feet east of Kostoryz Road at Crestmore Drive cul-de-sac. City Secretary Chapa said the Planning Commission and staff recommended approval of the "AB" District. No one appeared in opposition to the zoning change. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023345 Amending the Zoning Ordinance upon application by Ricardo Gonzalez, by changing the zoning map in reference to Crestmont Unit 3-R, Block 12, Lots 24 and 25 from "A-1" Apartment House District to "AB" Professional Office District. Minutes Regular Council Meeting June 16, 1998 Page 15 An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 19. Case No. 598-1 South Fork Hills. Inc.: A change of zoning from an "F -R" Farm -Rural District to an "R -1A" One -family Dwelling District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2, on Flour Bluff and Encinal Farm and Garden Tracts, Section 26, portion of Lots 5A, 6A, 10, and 11, located on the southeast terminus of Oso Parkway, southeast of Cedar Springs Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1A" District on Tract 1 and "R -1B" District on Tract 2. Mayor Neal called for comments from the audience. Ms. Carolynn Mathews, 3026 Cedar Springs, said they specifically bought the land in that area because it was undeveloped and there was much wildlife around; however, subsequently the city annexed it. She said they are not opposed to development but they would like "smart" development to occur. Mrs. Mathews also said that the road to their subdivision is heavily traveled due to the presence of Barnes Elementary School, and they are also concerned about overcrowding in that school from the proposed subdivision development. She said they would like the Council to consider "RE" zoning which would allow for one -acre lots and which would better protect the ecological system there. Mr. Ron Voss Jr., 3002 Cedar Springs, said he was speaking on behalf of the neighborhood as he raised several issues of concern associated with the proposed subdivision development, including flooding on Oso Parkway, an increase in traffic, the area's proximity to the Cayo Del Oso, the presence of antiquities (such as arrow heads), among other issues. He also commented on the close-knit neighborhood that exists and he referred to the platting of the area. Council Member Martin made a motion to close the public hearing, seconded by Council Member Garcia, and passed. In response to Mr. Garcia, Mr. Utter said the Comprehensive Plan for that area calls for medium -density housing, and "R -1B" is less dense than what is called for by the plan and the existing property along Cedar Springs Road. which is "R-2." Referring to a comment by Mr. Voss, Mr. Utter said the Texas Historical Commission takes no action on private property, and the subject property is privately owned. Mr. Garcia asked if the Council would have to approve the zoning for Minutes Regular Council Meeting June 16, 1998 Page 16 each phase of the subdivision's development, and Mr. Utter said they would because the property is zoned "F -R." Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 023346 Amending the Zoning Ordinance upon application by South Fork Hills Inc., by changing the zoning map in reference to 13.42 acres out of Lots 5A, 6A, 10 and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts from "F -R" Farm -Rural District and "R -1B" One - Family Dwelling District to "R -1A" One -Family Dwelling District on Tract 1 and "R -1B" One -Family Dwelling District on Tract 2. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Gonzales and Neal voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, police resource utilization study. He called for comments from the audience, and there were none. City Manager Hennings referred to a scoring matrix prepared by a staff committee that evaluated the seven proposals, as well as the project schedule in the proposal from the International Association of Chiefs of Police (IACP). He said the schedule calls for a six-month timeline to complete the study, with monthly meetings beginning the second month and onsite presentations of interim findings. Mr. Hennings suggested that if the Council approves the selection of IACP, they appoint a committee of Council members to participate in the monthly progress meetings so they will have an opportunity to have direct input into the process of the study. Mr. Hennings said another option would be to bring the monthly progress meetings to the Council meeting and try to involve the entire Council; however, he thought it would be more effective to involve a committee of Council members. Mr. Hennings also said that if the Council is not satisfied with the staff evaluation and selection of the firm, they could appoint a Council committee to evaluate the seven proposals. Council Member Garcia asked what the time frame would be if a Council committee opted to evaluate the proposals themselves. Mr. Hennings said he thought if they met once a week they could make their selection in about one month. Council Member Gonzales expressed concern about the selection committee, saying he thought an independent committee would be formed to select the firm. He also said that although he is sure the International Association of Chiefs of Police is a reputable firm, he was concerned Minutes Regular Council Meeting June 16, 1998 Page 17 about their selection. He said he would prefer that the Council form a committee to evaluate the proposals so that an independent audit of the Police Department can be conducted. Mr. Hennings explained that the Council asked staff to develop a plan to do the project and then to develop a request for proposals (RFPs), which the Council approved. The RFPs were advertised but only one response was received; at that time the proposal was rejected and the city re -advertised in a more aggressive way to try to receive additional responses. Mr. Hennings commended Police Chief Alvarez in that effort as seven very good responses were ultimately received. He reiterated that the Council could evaluate the proposals themselves rather than utilizing the staff's evaluation. Chief Alvarez said the IACP is a very professional organization and has conducted studies for agencies all over the world. After studying the proposals for two months, the committee felt IACP was the most qualified. He emphasized that the IACP, whose objective is to better the police profession, is unbiased. The Chief added that IACP's proposal received the highest points on the criteria matrix and was the lowest bidder at $102,000. Dr. Gonzales replied that as a Council member, he has the right to question how taxpayers' money is spent. A brief discussion ensued. Council Member Martin said he thought the recommendation of IACP was a good one. He noted that IACP uses a peer review process, and he asked if staff was satisfied that IACP will select a peer review team that supports the Council's objectives and is unbiased, and Mr. Hennings said he was satisfied. Council Member John Longoria questioned how staff knows what the Council's objectives are regarding this study, and Mr. Hennings said the proposal was developed following discussions with the Council and the Council approved it. He reiterated that he thought the Council needed to have an ongoing role in the process. Responding to another question from Mr. Longoria, Chief Alvarez said the study will investigate the operations of every division of the Police Department, including in-depth interviews and ongoing recommendations during the six-month study period. Mr. Longoria questioned whether this item could be tabled for one week to allow the Council more time to review it, and Mr. Hennings replied affirmatively. Mayor Neal referred to the study process itself as described in the IACP proposal, and he noted that the Council had an opportunity for input in every phase of the process. He added that the IACP representatives had done a lot of work in preparing a proposal based on the very detailed RFP that was developed. Another brief discussion ensued. Dr. Gonzales made a motion to table Item 20 for one week, seconded by Mr. Garcia. The motion failed to pass by the following vote: Colmenero, Garcia, Gonzales, and J. Longoria voting "Aye"; Cooper, B. Longoria, Martin, McNichols, and Neal voting "No." Minutes Regular Council Meeting June 16, 1998 Page 18 City Secretary Chapa polled the Council for their votes as follows: 20. M98-207 Motion authorizing the City Manager or his designee to execute a contract with the International Association of Chiefs of Police in the amount of $102,000 to conduct a Police Resource Utilization Study of the Corpus Christi Police Department. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, southside water transmission main. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. M98-208 Motion authorizing the City Manager or his designee to execute a contract for engineering services with Urban Engineering Inc. for a total fee not to exceed $706,140 for the Southside Transmission Main - 0. N. Stevens Plant to Clarkwood Road project. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * ** Mayor Neal referred to Item 22, Streets/Solid Waste Services facility expansion. Mr. Crull said staff wished to withdraw Item 22. 22.a. WITHDRAWN Ordiam,ee apprupriating $58,250 from Unr, s,,iv,,d Ftwd Balmn,c a. thc Ne. 102 Cci,eral adopted the FY 97-98 Capital Budget to increase thc Public IIealth and Safcty Program by $58,250 fen thc Streets/Solid Wast,. Services facility expansion. Minutes Regular Council Meeting June 16, 1998 Page 19 22.b. WITHDRAWN Motierrmrthurizing the City M.mab-Lr ei his dLsignee to-cxecutL a eunstructie.r ootiact with 111 .. di : Minutes Regular Council Meeting June 16, 1998 Page 20 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, Port industries and the local economy. Following brief comments by some Council members, City Manager Hennings said there are 16 plant managers of the Port industries, and there is not a formal or informal way of communicating with them, unlike the Alliance or the Port Authority. He said he had spoken with Port industries representatives and they felt it would be helpful to appoint a committee of three of them and possibly three Council members along with the City Manager to meet on a regular basis. The Mayor said the Council has had interaction with the Port industries group this year and they have given their input on some key issues. Council Member Gonzales said he thought monthly meetings would be helpful, and Council Member Colmenero said he wanted to be sure the meetings would be productive. City Secretary Chapa polled the Council for their votes as follows: 25. M98-211 Motion adopting the concept of appointing members of the City Council and the City Manager to meet with representatives of the Port Industries of Corpus Christi. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Cooper, Martin, McNichols, and Neal voting "No." Mayor Neal said he would appoint three members of the Council on a rotating basis to meet with the Port industries representatives. * * * * * * * * * * * * * Mayor Neal opened discussion on the proposed FY 98-99 operating budget. City Manager Hennings referred to a report on ad valorem tax information that was included in the City Manager's transmittal dated June 12, 1998. He said the taxes that are approved by the Nueces County Commissioners include a tax levy of $59 million, and the tax levy for the city is $43 million. Also, the taxable value in Corpus Christi and in the industrial district is 88% of the taxable value in Nueces County. He pointed out that the County Sheriff was asked to renegotiate the county jail contract, and the Sheriff will ask the city to pay even more than the $750,000 a year ($250,000 in direct cash and $500,000 in manpower) that the city is currently paying. Mr. Hennings said that equates to double taxation. Minutes Regular Council Meeting June 16, 1998 Page 21 Mr. Hennings also referred to a report on the use of the Nueces County road and bridge fund. It showed that 93% of the vehicles that are registered at the County Courthouse belong inside the City of Corpus Christi. Consequently, most of the $2 million a year that the county collects from the $10 road and bridge fee comes from people in the city; however, the County Commissioners have chosen not to spend that money on street maintenance and improvements in Corpus Christi but rather outside the city. He suggested that if the Commissioners choose not to change that policy, they should be asked to repeal the tax. Mayor Neal and Council Member Gonzales questioned legal aspects of the road and bridge tax. City Attorney Bray replied that basically, the legal opinions hold that the county can spend road funds on roads and bridges that integrally connect with the county's system, even though they are within the city limits. Council Member John Longoria said there was nothing to keep the County Commissioners from working with the City Council on this issue. Council Member McNichols said he did not like the idea of the Council insisting that another governmental entity (that has its own responsibilities) give a portion of their funding to the city because the city would not want the same to be asked of them. He said there was nothing wrong with asking the county for assistance where their roads and the city's roads come together. Council Member Garcia requested more information on how the county road and bridge fees are used. Mr. Hennings then asked Fire Chief Adame to discuss the Fire Department budget in the General Fund. Chief Adame said the proposed combined Fire and EMS budget is $26,417,435 and it includes the following: $974,743 for anticipated retiree costs; $664,465 for 25 trainees (11 months); $154,664 for an increase in EMS administrative charges; and $32,000 to replace station radios and alarm systems in all the city's fire stations. He said the budget also includes a capital outlay of $250,000 for one pumper truck and $35,112 for four automatic external defibrallators. Mayor Neal expressed concern that the largest single increase across the board (about $2 million) is in the Fire Department. Mr. Hennings said that includes the "drag -up" on retirement as well as the salary step increases in the union contract. The Mayor said the public needs to understand that when they express concern about increased taxes, most of that money is going into public safety, which results in shortfalls in street services and other areas. Council Member Betty Jean Longoria commented on a firefighter who appeared on a recent news broadcast discussing the need for a new fire station, and she reiterated the Mayor's comment about the majority of the city's funds going into public safety. Council Member Garcia said there needs to be better communication with the public regarding the city's needs so as to garner the public's support in meeting those needs. In response to Dr. Gonzales, Chief Adame described staffing levels in both the Fire Department and EMS, which he said is an ongoing unmet need. A discussion ensued, and Council Member Martin emphasized the importance of improving fire prevention. Minutes Regular Council Meeting June 16, 1998 Page 22 Mr. Martin then asked if there was money in the budget to allow for the wage increase for FY 97-98. Mr. Hennings said it includes only the amount that is already in the contract --staff has not budgeted any funds for any additional wage increases that might be included in a future contract. He said the city and the union agreed on a package that included a 2% across the board wage increase retroactive to last August and another 2% next August. The union took that proposal to their members for a vote and they voted it down; consequently, the city and the union are at an impasse. He said last year a lump sum was put into the budget to cover the wage increase, which was subject to criticism. Mr. Martin said some amount of money will have to be paid in the next budget for a wage increase. Mr. Hennings referred to a chart that had been discussed last week illustrating the fund balances required by the Council policy, staffs estimate of the ending fund balance for the current year, and the proposed budget fund balance for next year. Replying to Mr. Longoria, Mr. Hennings said there are no across the board cost of living increases in the proposed budget for any employees; the lire and police union contracts include the step increases; and for the other employees there are funds in support of the merit pay policy. Mr. Longoria also asked about the paramedic program, which Chief Adame explained. Discussion also followed regarding the city's firefighting responsibilities in the county and large equipment replacements. Mr. John Murray, Director of EMS, also discussed EMS billing and collections. Mayor Neal asked if the closed session scheduled that day regarding collective bargaining with the Corpus Christi Police Officers Association could be postponed. Mr. Hennings said it could be, adding that he thought there would be an action item ready for next week. The Mayor suggested that next week's Council meeting begin at noon with the closed session, followed by the open session discussion of the budget at 1:00 p.m. The Mayor called for Council concerns and reports. Mr. Hennings distributed information about the color of Memorial Coliseum's roof. Mr. Garcia announced that Mrs. Longoria had received the Alumni of the Year Award from Leadership Corpus Christi. Mr. Colmenero said the issue of the old Nueces County Courthouse needed to be addressed. Mayor Neal said a member of the Texas Historical Commission had contacted him and she is working on that with the committee that the Council had appointed. Mr. Colmenero also requested additional information on the seawall study, and a list of all tax abatements granted to any industry in Corpus Christi. Mr. Martin suggested that Mr. Foster Crowell, Assistant Wastewater Superintendent, be asked to appear at an upcoming Council meeting to be recognized for an honor he recently received. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:20 p.m. on June 16, 1998.