HomeMy WebLinkAboutMinutes City Council - 03/30/1993I 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 March 30, 1993, which were
approved by the City Council on April 6, 1993.
WITNESSETH MY HAND AND SEAL, this the 7th day of April, 1993.
SEAL
Armando Chapa
City Secretary
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 30, 1993
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Edward Martin
Council Members:
Cezar Galindo
Dr. David McNichols
Betty Jean Longoria
Clif Moss
Mary Pat Slavik
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Council Member Galindo, following which the
Pledge of Allegiance to the Flag of the United States was led by County Commissioner
David Berlanga.
City Secretary Chapa performed a roll check and verified that the necessary quorum
of the Council and the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting
of March 23, 1993, and there being no corrections, she proclaimed them approved as
presented.
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Mayor Rhodes recessed the Regular Council Meeting to conduct the Job Training
Partnership Act (JTPA) Executive Committee Meeting.
Mayor Rhodes reconvened the Regular Council Meeting.
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Mayor Rhodes announced the discussion on the U.S.S. Lexington Museum on the
Bay.
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Regular Cc it Meeting
March 30, 1993
Page 2
Mr. Joe Jessel, President of the U.S.S. Lexington Museum on the Bay Association,
expressed appreciation to the Mayor and City Council for their support of the museum.
Mr. Jessel next introduced Mr. Mike Carrell, Vice President of Finance of the U.S.S.
Lexington Museum on the Bay Association. Mr. Carrell distributed material and gave an
update on the museum's attendance, membership and pledge activities, and special events
revenue. He stated that these amounts were above the initial projections.
Responding to Council Member Longoria, Mr. Carrell commented that efforts to
expand the museum's exhibits and tours would be continued. Mr. Carrell next discussed
present and future exhibits on the Lexington Museum.
Council Member Slavik inquired about the present membership activity referred to
in the distributed material. Mr. Carrell elaborated.
Council Member McNichols commented highly on the events he had attended on the
Lexington Museum.
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Mayor Rhodes announced the presentation by the South Texas Joint Military
Facilities Task Force.
Mr. Loyd Neal, Chairman of the South Texas Joint Military Task Force, discussed
the recent accomplishments of the Task Force. Through the utilization of charts, Mr. Neal
reviewed the presentations presented in Washington, D. C. on behalf of the Bay Area. This
presentation outlined the advantages of the continuance of the military operations in the
Bay Area.
Council Member Martin inquired about the results of the recent presentation in
Washington D.C. Mr. Neal stated that the Local military base was not currently on the Base
Closure List, and discussed preparation by the Task Force for future Base Closure
Commission meetings.
Mayor Rhodes announced the presentation by the Mayor's Committee on Water.
Mr. B. E. Paulson, Chairman of the Mayor's Advisory Committee on Future Water
Sources, discussed the importance of water conservation management. Mr. Paulson
introduced Mr. Jim Naismith, Chairman, Subcommittee on Water Sources and the
Environment.
Mr. Naismith expressed appreciation to the Council on behalf of his employer, the
San Patricio Municipal Water District, for their continuing support of the examination of
future water sources. Mr. Naismith next discussed contents of the Report on Desalination
for Potable Water previously presented to the City Council. Further, Mr. Naismith
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Regular Cc :.il Meeting
March 30, 1993
Page 3
discussed several studies in the State presently in progress concerning conversion of
numerous types of water.
Council Member McNichols stated that the conversion of large quantities of seawater
was very costly. Mr. Naismith agreed, and stated that this type of conversion could be
effective if utilized as a supplemental water source. Council Member McNichols referred
to the utilization of brackish water, if determined practical in the future. Mr. Naismith
discussed the costs and difficulties encountered through the conversion of brackish water.
He stated the difficulties included reduced water quality and quantity as well as descending
land levels.
Council Member Slavik referred to the new desalinization treatment plant in Santa
Barbara, and inquired whether information was available on the success of the plant. Mr.
Naismith introduced Mr. Richard A. Poremba, P.E. Naismith Engineering, Inc. Responding
to Mrs. Slavik's inquiry, Mr. Poremba discussed the operations and costs of the
desalinization plants in California.
Mr. Naismith next introduced Mr. Doug Matthews, Chairman of the Mayor's Task
Force on Water Issues, Water Conservation.
Mr. Matthews discussed the water usage during different time periods in the Nueces
River Water Shed. Mr. Matthews next stressed the importance of a long term water
conservation plan and discussed water conservation education and implementation. Lastly,
Mr. Matthews discussed the committee's two recommendations: the creation of a full time
position in the Water Utilities Department for establishing accountability and administering
water conservation programs; and the creation of a citizen's advisory committee after the
Task Force disbandment.
Council Member Slavik inquired about using students from Corpus Christi State
University for the collection of data, and Mr. Matthews discussed their current contributions.
Responding further, Mr. Matthews discussed past and present water desalinization in the
area, and water usage by local industries.
Mayor Rhodes called for a recess.
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Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 5 through 13, and Council Members
requested that Items 5, 6, 8, 9, 10, and 13 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
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Regular Cc .;i1 Meeting
March 30, 1993
Page 4
7. M93-107
Motion approving a contract for preventive maintenance repair of transformers and
switchgear in accordance with Bid Invitation No. BI -0134-93 with Temco, Inc.,
Corpus Christi, in the amount of $29,624.20, based on low bid. The equipment to
be repaired is at Oso Water Reclamation Plant, and funds were budgeted in the
1992-93 Capital Outlay.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
McNichols, Moss, and Slavik voting "Aye"; Martin absent.
11. M93-110
Motion authorizing the City Manager to execute Industrial District Agreement No.
8A with Limestone Oil and Gas Company, Lot 1, Block 1, Goldston Addition.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
McNichols, Moss, and Slavik voting "Aye"; Martin absent.
12. SECOND READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a two-year lease agreement
with John Russo and Thomas W. Stewart, for a tract of land located at Resaca and
Sam Rankin Street, to be used by the City's Street Department for material storage,
for a rental fee of $300 per month, with the option to renew for additional two-year
periods under the same terms and conditions.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Longoria, McNichols, Moss, and Slavik voting "Aye"; Galindo voting "No"; and
Martin absent.
Mayor Rhodes opened the discussion on Item 5, motion approving the purchase of
an elevating scraper and a supply agreement for five years of full maintenance.
Council Member Longoria inquired about the extent of the full maintenance supply
agreement, and City Manager Garza explained. Responding further, Mr. Garza stated that
many companies did not bid on the contract because these companies did not want to
provide the maintenance supply agreement.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 6, motion approving the purchase of
trucks for the amount of $109,107.
Responding to Council Member Galindo, City Manager Garza explained the
necessity for the trucks to be used by the Corpus Christi International Airport.
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Regular Co zil Meeting
March 30, 1993
Page 5
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 8, motion awarding a contract to Tejas
Construction to construct scale and guard house buildings at the Elliott Solid Waste Landfill.
Responding to Council Member Galindo, Mr. Carl Crull, Director of Engineering,
explained that the item was bid in a previous contract. He further stated that, due to the
high bids received on this contract, the bids were rejected and the project was rebid as two
separate projects. Next, Mr. Galindo inquired whether the low bid for the guard house from
one contractor and the low bid for the scale house from another contractor could be
selected. Mr. Crull replied that the bid was not assembled to allow this type of separation.
Responding to Council Member Moss, Mr. Crull explained certain specifications in
the contract.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 9, motion and ordinance concerning
the repair of the Bunger Valve at the Wesley Seale Dam.
Council Member McNichols inquired whether the water releases would be affected
by the valve repair. Mr. Crull stated that the water releases would not be affected and
explained the valve replacement procedure.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 10, ordinance closing and abandoning
a portion of a utility easement in Roosevelt Place.
Council Member Slavik inquired whether all utility easement closures required a
payment based on fair market value to the City. City Manager Garza replied that the
requirement was a State law. Responding further, City Attorney Bray commented that the
requirement had existed for quite some time.
Mayor Rhodes called for comments from the audience, and there were none.
Mayor Rhodes opened the discussion on Item 13, authorizing the City Manager to
execute a ten-year lease of the old Police station to the Corpus Christi Community
Improvement Corporation (CCCIC).
Council Member McNichols inquired about the requested changes to the lease
agreement. Mr. Utter explained the two changes involving the utility and rent payments.
Further, Council Member McNichols inquired whether the lessee would have access to the
entire building, and Mr. Utter replied in the affirmative. Mr. Utter further commented that
it was his understanding that the lessee did not plan to use the jail area on the third floor.
Responding further, Mr. Utter stated that the third floor would be properly closed. He
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Regular Co :il Meeting
March 30, 1993
Page 6
stated that this situation would be similar to the third floor closure of the Corpus Christi
Central Library.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
5. M93-105
Motion approving the purchase of an elevating scraper and a supply agreement for
five years of full maintenance in accordance with Bid Invitation No. BI -0107-93,
based on only bid, from Holt Company of Texas. The purchase cost of $297,041 will
be financed through the City's Lease/Purchase Line of Credit contract. The
maintenance agreement will cost $131,692 for the five years, for a total award of
$428,733. Funds are budgeted by Solid Waste Department for the first year's
payment for the replacement equipment as well as for maintenance supply
agreement.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
McNichols, Moss, and Slavik voting "Aye"; Martin absent.
6. M93-106
Motion approving the purchase of trucks in accordance with Bid Invitation No. BI -
0133 -93 from the following dealers based on low bids. The trucks are all
replacement equipment and are budgeted in the 1992-93 Capital Outlay.
Crosstown Truck Center Bay Chevrolet Power Equipment Int'l.
Corpus Christi Corpus Christi Corpus Christi
3 Units 2 Units 1 Unit
$43,060 $26,168 $39,879
Total of Awards: $109,107
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
McNichols, Moss, and Slavik voting "Aye"; Martin absent.
8. M93-108
Motion awarding a contract in the amount of $22,141.00 to Tejas Construction to
construct scale and guard house buildings at the Elliott Solid Waste Landfill.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
McNichols, Moss, and Slavik voting "Aye; Martin absent.
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Regular Co. oil Meeting
March 30, 1993
Page 7
9a. M93-109
Motion awarding a contract in the amount of $31,702.58 to Duncan -Russo, Inc. to
repair the Bunger Valve at the Wesley Seale Dam.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
McNichols, Moss, and Slavik voting "Aye"; Martin absent.
9b. ORDINANCE NO. 021621
Ordinance authorizing the transfer and appropriation of $36,000 from the Wesley
Seale Maintenance Fund Reserve to the No. 205 Water Bond Fund; appropriating
$36,000 applicable to Project No. 205-601-604.26, Wesley Seale Dam Bunger Valve
Repairs.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye"; Martin
absent.
10. ORDINANCE NO. 021622
Ordinance closing and abandoning a 20 -foot wide by 231.60 -foot long portion of a
utility easement that extends along the rear of Lots 1 through 8, Block 4 and Lots 1
through 5, Block 3, Roosevelt Place; subject to the compliance with the specified
conditions; and the applicant replatting the property within 180 days at his expense.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye; Martin
absent.
13. SECOND READING ORDINANCE
Authorizing the City Manager to execute a ten-year lease of the old Police station
to the Corpus Christi Community Improvement Corporation.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye; Martin absent.
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Mayor Rhodes called for considerations from the Regular Agenda.
Mayor Rhodes opened the discussion on Item 14, amending the Zoning Ordinance
by deleting Article 28A, "HC" Historical -Cultural Landmark Preservation and substituting
a new article.
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Regular Co :il Meeting
March 30, 1993
Page 8
City Secretary explained that Item 14 would require a majority of the votes for
passage on the first (on the day's agenda) and second readings, and five votes for passage
on the third reading.
Mr. Tom Utter, Group Manager, Development Services, expressed appreciation to
the Landmark Commission and the City staff. Mr. Utter next discussed the development
and the objectives of the ordinance Mr. Utter then gave an overview of the day's
presentation.
Mr. Brandol Harvey, Director of Planning, stated that the amendment was in
compliance with the Corpus Christi Comprehensive Plan policy statements adopted by the
City Council in 1987. Mr. Harvey then discussed the disadvantages of the present
historical/cultural zoning in the City. He explained that the proposed ordinance would
provide overlay zoning supplementing the existing basic zoning. Mr. Harvey then discussed
the proposed review period by the Landmark Commission conveying to the property owners
the importance of preserving a property. He then discussed the applicable Council approval
which would not override the desires of the property owners. Mr. Harvey next introduced
Mr. Ed Goodman and Ms. Cindy Hill, representatives of the Landmark Commission.
Mr. Goodman discussed the preservation plan, and recommended approval of the
proposed ordinance
Responding to Mayor Rhodes, Mr. Goodman replied that he was not aware of any
opposition to the ordinance.
Ms. Hill discussed the efforts by the Landmark Commission and City staff to produce
a reasonable ordinance considering both historical site preservation and property owners.
She also reviewed the application of the ordinance.
Responding to Council Member Longoria, Ms. Hill explained the procedure
regarding changes or demolition to "HC" designated property.
Ms. Fayrce Goode -Macon, City Planner and staff liaison to the Landmark
Commission, explained the purpose of the Historical Cultural District. She stated that the
district would safeguard architectural history and archeological/historic sites,
stabilize/improve property values as well as strengthen the economy, and utilize the historic
preservation to attract visitors. Ms. Goode -Macon then discussed and explained, through
the use of slides, the six classifications of the "HC" designation. Ms. Goode -Macon further
explained the initiation of the six classifications.
In response to Mayor Rhodes, Ms. Goode -Macon explained that a property could be
designated as "HC," but if the property owner did not concur, the Council could not override
the property owner's wish.
Responding to Mayor Rhodes, Mr. Goodman commented that the ordinance would
allow the Landmark Commission to have a voice in the preservation of property in the
community. Further, Mayor Rhodes commented that the overlay zoning would increase the
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Regular Co :i1 Meeting
March 30, 1993
Page 9
value of the property, and inquired whether other incentives would be available.
Mr. Goodman replied that options for incentive programs were presently under review and
could be addressed at a later time.
Council Member Moss referred to his recent trip in which he observed a historical
district in Georgia. He commented favorably on incentives to encourage the use of the
"HC" zoning.
In response to Council Member Moss, Mr. Harvey discussed several incentives
provided to property owners for historical designation in the City of Galveston.
A brief discussion ensued.
Council Member McNichols inquired about how the overlay zoning could be applied
to the City's old courthouse. A brief discussion ensued.
Responding to Council Member Galindo, Mr. Harvey explained the term "historical
district." Council Member Galindo expressed concern that the ordinance would not address
the problem of property owners not having adequate funding for maintenance or restoration
of potential historical sites. Mr. Harvey discussed the planning and advisory assistance from
the Landmark Commission in such cases.
Council Member Slavik inquired about future applicable restrictions on "HC"
designations, and Mr. Harvey stressed the importance of approving the ordinance at the
day's meeting.
Mayor Rhodes called for comments from the audience.
Ms. Sally Victor, preservation consultant, commented on the development of the
Corpus Christi Historical Site Survey, and stated support of the ordinance.
Council Member Moss stressed the importance of preserving historical sites in the
City through the use of financial incentives.
City Secretary Chapa polled the Council for their votes as follows:
14. FIRST READING ORDINANCE
Amending the Zoning Ordinance by amending Article 28A - "HC" Historical -Cultural
Landmark Preservation, by deleting said article in its entirety and substituting
therefore a new Article 28A.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Longoria, Moss, and Slavik voting "Aye"; Galindo and McNichols voting "No"; Martin
absent.
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Regular Co ;il Meeting
March 30, 1993
Page 10
Mayor Rhodes announced the discussion on Item 15, consideration of resolutions and
other actions deemed appropriate by the City Council, as to legislative issues before the
73rd Texas Legislature. City Manager Garza stated that there were no actions to report at
this time.
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Mayor Rhodes opened the public hearing on the following zoning case:
16. Case No. 293-1, Carlos Alvarado: A change of zoning from "R -1B" One -family
Dwelling District to "R -1C" One -family Dwelling District on Lot 17-C and the south
20 feet of Lot 17-B, Block 5, Laguna Acres, located on the northeast corner of
Mendoza Street and Elvira Drive.
Mayor Rhodes stated that both the Planning Commission and staff recommend
approval of the application.
No one opposed the zoning change.
Council Member Galindo moved to close the public hearing; seconded by Council
Member Slavik, and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
16. ORDINANCE NO. 021623
Ordinance amending Zoning Ordinance upon application by Carlos Alvarado by
changing the Zoning Map in reference to Lot 17-C and the south 20 feet of Lot 17-B,
Block 5, Laguna Acres, from "R -1B" One -family Dwelling District to "R -1C" One -
family Dwelling District.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye"; Martin
absent.
Mayor Rhodes opened the public hearing on the following zoning case:
17. Case No. C293-2, City of Corpus Christi: A change of zoning from "R -1B" One -
family Dwelling District to "B-4" General Business District on the remaining portions
of Lots 7, 8, 9 and 10, Block 14, Gardendale Addition No. 3, located along Corona
Drive, approximately 296 feet east of Everhart Road.
Mayor Rhodes stated that both the Planning Commission and staff recommend
approval of the application.
No one opposed the zoning change.
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Regular Co ;il Meeting
March 30, 1993
Page 11
Council Member McNichols moved to close the public hearing; seconded by Council
Member Slavik and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
17. ORDINANCE NO. 021624
Ordinance amending Zoning Ordinance upon application by the City of Corpus
Christi by changing the Zoning Map in reference to the remaining portions of Lots
7, 8, 9 and 10, Block 14, Gardendale Addition No. 3, from "R -1B" One -family
Dwelling District to "B-4" General Business District.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, McNichols, Moss, and Slavik voting "Aye"; Martin
absent.
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Mayor Rhodes called for the City Manager's report.
City Manager Garza recognized Police Chief Henry Garrett and Fire Chief J. J.
Adame present at the meeting. Mr. Garza stated that they would give a report 011 the
recent industrial spill in the City.
Chief Adame commented that the spill was reported to the City by citizens in the
area of the spill. Chief Adame expressed concern that the City was not informed by CITGO
upon discovery of the spill. He discussed the results of the meetings between the City and
CITGO regarding the incident, and stated that a future meeting was being scheduled.
Chief Garrett briefly discussed the Police Department's involvement in the incident.
Mayor Rhodes referred to a pipeline regulation ordinance used in the City of Port
Arthur. She suggested that such an ordinance could address the installation of new
pipelines in the area, but would not affect present pipelines. She suggested that staff review
that ordinance.
Council Member Moss suggested that the industry involved in the incident address
the public. Mayor Rhodes discussed her conversation with CITGO concerning this
suggestion. Council Member Moss referred to the City's Geographic Information System
(GIS) map which could contain local pipeline information. City Manager Garza explained
the present situation concerning the use of the GIS map for this purpose. He stated that
adding the information would be time consuming and expensive, and stated that other
approaches were presently being investigated.
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Regular Co .il Meeting
March 30, 1993
Page 12
Responding to Council Member Longoria, Chief Adame discussed the relative
ordinance presently being developed by the Local Emergency Planning Committee (LEPC).
He stated that the ordinance would be brought to the Council soon.
A discussion ensued, and Chief Adame stated that the LEPC meeting would be held
in the Council Chamber on April 15, 1993 at 7:00 p.m.
Next, City Manager Garza read a letter he received from CITGO explaining
circumstances of the recent spill. Further, Mr. Garza stressed the importance of the local
industries notifying the City of incidents at the onset.
Mayor Rhodes referred to a letter she recently received concerning the cleanliness
of the restrooms in the North Beach area. She stressed the importance of maintaining the
restrooms. City Manager Garza explained the difficulties involved and stated that he would
investigate alternatives. Mayor Rhodes requested more information from the staff
concerning the problem of coyotes in the Waldron Road area.
Mayor Rhodes called for Council concerns and reports.
Council Member Galindo referred to the physical examinations required for the
employment of taxicab drivers in the City. He inquired whether drivers that passed the
driver's license and background check could be allowed to work for a thirty day grace period
in order to earn money to finance their physical examination. City Manager Garza stressed
the importance of the physical examination which was in the best interest of and for the
safety of the community. Mr. Galindo requested a report.
Council Member Slavik inquired about the liquidated damages for the Airport roof
repairs. City Manager Garza explained that a five percent retainage was being withheld
during the project and would be deducted in the final payment. City Manager Garza
explained the resulting difficulties which would be addressed by the Council soon. Council
Member Slavik next referred to a letter she received regarding the establishment of a sister
city program with the City of Pu Yang. Lastly, Council Member Slavik inquired about
future plans to open the third floor of the Corpus Christi Central Library. Mr. Utter replied
that this area was not required at this time, and could be completed when needed.
Mayor Rhodes called for petitions from the audience.
Mr. Wade Mericle, 5837 Lucille, expressed concern about the rubbish and overgrowth
on the streets and sidewalks in the City. He stated that these were a safety hazard.
A brief discussion ensued and it was requested that staff meet with Mr. Mericle.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 6:00 p.m. on March 30, 1993.