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HomeMy WebLinkAboutMinutes City Council - 08/31/1993I 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 August 31, 1993, which were approved by the City Council on September 14, 1993. WITNESSETH MY HAND AND SEAL, this the 15th day of September, 1993. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 31, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Cezar Galindo Council Members: Jack Best Melody Cooper Betty Jean Longoria Dr. David McNichols Edward Martin Clif Moss David Noyola 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 Pastor Gloria Fajardo, Cathedral of the Palms, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Galindo. 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 Rhodes called for approval of the Minutes of the Regular Council Meeting of August 24, 1993, and there being no corrections, she proclaimed them approved as presented. * Council Members Cooper and Noyola arrived at the meeting at 2:05 p.m. Mayor Rhodes called for consideration of items from the Regular Agenda and announced the discussion on Item 1, consideration and possible action on the proposed contract of sale of the City's natural gas distribution system to Southern Union Gas Company. Minutes Regular Cc til Meeting August 31, 1993 Page 2 City Manager Garza gave a brief history on the development of the sale of the City's natural gas distribution system. He then referred to the utility rate cap limitation in the City Charter and stated that the City's present utility rate structure could not provide sufficient funding for adequate water and wastewater maintenance, wastewater treatment plant expansion, and new water sources. Council Member Moss stressed the importance of exercising the present Garwood and Lake Texana options. He further stressed the importance of allowing the voters to decide whether to sell the gas system to save taxes and create a competitive market concerning energy sources in the City. Mr. Moss also discussed the terms of the gas sale contract which could provide funds for the necessary water and wastewater improvements. He further pointed out that Southern Union's (SU) rate structure was equivalent to the City's future rate structure. He also referred to the success of SU in the other Texas cities and stated that the taxpayers should have a choice concerning future tax savings and a utility efficiently operated by a good corporate citizen. Council Member McNichols inquired whether City Manager Garza would recommend the sale of the City's gas distribution system. City Manager Garza discussed the two funding options available for the necessary water and wastewater items: full funding or a phased -in funding program. He stated that, if the Council chose the full funding option, he would recommend the sales tax increase. He further stated that, on the other hand, if a phased -in program were deemed more appropriate, the sale of the gas system would be the better choice. Mr. Garza then discussed the potential phased -in program involving the Choke Canyon debt and a 1/2 cents sales tax increase. He next stated that acquisition of new water sources was a better investment than the gas system. In further response, Mr. Garza discussed present utilization of an 1/8 cents sales tax to initiate the water supply options and reduce future utilization of the sales tax. He lastly discussed the three possible funding options: sale of the gas system, possible resolution of the Choke Canyon debt, and a future 1/2 cents sales tax increase and stated that a sales tax increase would provide a better balance. Council Member McNichols stated that the City's gas system was a good system and the foremost issue was whether to trade a good asset for future water sources. He stated that, if the system were traded for partial funding of a water supply, the City would still possess a good gas system with similar rates and ensure an adequate water supply for the future. In response to Council Member Longoria, City Manager Garza reviewed the costs for water/wastewater capital improvement projects. He suggested funding the expansion and maintenance of wastewater treatment plants within the six percent rate cap limitation. He stated that this would reduce expenses and free new funding for new water sources. Next, Mrs. Longoria referred to SU's recent change to Article XIII of the contract concerning the $425,000 reimbursement fee. Mr. Garza stated that SU's position remained that they would not reimburse the City and he suggested that the Council request SU to reconsider. He further suggested setting a deadline for a response. Minutes Regular Co ;il Meeting August 31, 1993 Page 3 In response to Council Member Moss, Mr. Garza stated that approximately 75 percent of the $425,000 had been expended. Council Member Best commented on the Garwood and Lake Texana options and posed several questions to City Manager Garza about the present management of the gas division. Mr. Garza discussed the excellent administration of the system, reduction in the cost of gas, and the City's gas marketing capabilities. Dr. Best referred to the combined utility fund ending balance projections provided to the Council and commented favorably on one particular chart consisting of retaining the gas system, establishing a stormwater utility, annually increasing utility rates by six percent, and an increase in the sales tax of 1/4 cents. He stated that this option would allow tourists as well as citizens to be responsible for future water supplies. Council Member Noyola stated opposition to the sale of the gas system and to an election on the matter. Mr. Noyola supported Dr. Best's suggestion. Council Member Cooper stated support of the sale of the gas system, but expressed concern about placing the sale on a ballot because she did not feel it would be approved. She further expressed concern about SU withdrawing the reimbursement fee to the City. Mayor Rhodes commented that the public had the right to choose whether to sell the gas system. She further stated that she would support the first reading of the items on the day's agenda concerning the gas sale, but would not support the second reading if SU did not reimburse the $425,000 as originally planned. She requested that the City Manager contact SU, if the items passed on the first reading at the day's meeting, and request the reimbursement fee. Council Member Galindo referred to Item 3 on the day's agenda concerning a twelve month gas supply agreement wherein the cost of gas for residential consumers would be reduced approximately $9.70 a month. He referred to SU's proposed rate structure involving increases and spoke favorably on retaining the gas system. He further suggested better marketing strategies and stated that the cost for a future water supply not be placed on gas consumers. Council Member Cooper concurred with Mayor Rhodes concerning the second reading of the ordinance contingent upon SU providing the $425,000 reimbursement fee. Further deliberation ensued and Mayor Rhodes opened the public hearing on Item lc, approval of a rate program, gas rates and rules of service within the City limits, subject to certain contingencies; and establishing an effective date. Mr. Phil Rosenstein, 949 Bobalo, commented favorably on the present management of the gas system and stated that private entities did not provide the considerations to senior citizens and disabled people as provided by a municipality. He expressed concern about future gas rates and stated opposition to the sale or placing the sale before the voters. Minutes Regular ,Co 31 Meeting August 31, 1993 Page 4 Mrs. Dorothy Spann, 4350 Ocean Drive, requested consideration of Dr. Best's suggestion concerning funding of water and wastewater items. Mr. Abel Alonzo, 1702 Thames, stated opposition to the sale of the gas division and placing the sale before the voters. He also supported the utilization of a 1/2 cents sales tax increase instead. Mr. Leon Perez, 904 Buford, opposed the sale of the gas system and commented favorably on desalinization for future water supplies. Mr. Bernard Paulson, 5310 Greenbriar Drive, commented favorably on the Lake Texana and Garwood options and allowing voters to make the decision about the City's gas system. He also referred to the support of the Corpus Christi Area Economic Development Corporation and the Board of Trade - Port of Corpus Christi for the sale and using the proceeds for future water items. City Secretary Chapa polled the Council for their votes as follows: la. FIRST READING ORDINANCE Approving the contract of sale of the Corpus Christi Gas Distribution System between the City of Corpus Christi and Southern Union Gas Company subject to approval by the qualified voters; and authorizing the City Manager to sign such contract. The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Best, Galindo, and Noyola voting "No." lb. FIRST READING ORDINANCE Granting to Southern Union Gas Company, a division of Southern Union Company, a corporation, its legal representatives, successors, lessees and assigns, grantee herein, certain powers, licenses, rights-of-way, privileges and franchise to construct, operate and maintain in the City of Corpus Christi, Texas as now or hereafter constituted, works, systems and plants for the handling, transporting, sale, and distribution of gas in said City and for the distribution and sale of gas to said City, its inhabitants, and others and to use the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, bridges and other structures and places and public grounds, except parks, in said City for a period of twenty (20) years and prescribing certain rights, duties, terms and conditions herein mentioned, and providing for the payment to said City of a percentage of certain revenues of grantee from its operations therein and other consideration; providing for arbitration of certain disputes; providing for the acceptance hereof by grantee; containing a savings clause; providing for publication; and repealing conflicting ordinances. Minutes Regular. Co. al Meeting August 31, 1993 Page 5 The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Best, Galindo, and Noyola voting "No." Mayor Rhodes requested that the City Manager contact SU concerning the $425,000 reimbursement fee. City Secretary Chapa polled the Council for their votes as follows: lc. FIRST READING ORDINANCE Approving rate program, gas rates and rules of service within the City limits, subject to certain contingencies; and establishing an effective date. The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Best, Galindo, and Noyola voting "No." Mayor Rhodes announced the discussion on Item 2, consideration and possible action on future water supply alternatives. Council Member Martin posed several questions concerning the creation of a stormwater utility in relationship to new federal mandates and continuing services. Mr. Garza responded. Mr. Martin suggested a separation in the costs. City Attorney Bray also stated that the initial creation, fees, and use of the revenues were governed by the State. Mr. Martin then discussed the costs of future federal mandates and suggested that the Council instruct the staff to proceed with the stormwater utility model. He further discussed revenue and expenditure projections and stated that the stormwater utility would not have an immediate revenue source. City Manager Garza stated that staff would recalculate the combined utility fund ending balance projections reflecting a phased -in approach. In response to Council Member Moss, City Manager Garza stated that staff would present a proposal to the Council for the sale of revenue bonds for performance of the first installment of the capital improvements program. He further stated that this cost would require an increase in the utility rates. Council Member Martin suggested that staff inform Garwood and Lake Texana that the City will proceed to exercise the options prior to the expiration date of the contracts. A brief discussion ensued and it was the consensus of the Council that staff prepare a notification resolution. Next, Mayor Rhodes stated that October 27, 1993, had been designated as "National Unfunded Mandates Day." She referred to the related survey and requested participation by the City Manager. Mayor Rhodes called for comments from the audience. Minutes Regular .Co. _cil Meeting August 31, 1993 Page 6 Mr. Joe McComb, 5323 St. Andrews, stated support of the Garwood and Lake Texana options. He further expressed concern that the voters would not approve funds for the water source options in light of the water releases. Mrs. Dorothy Spann, 4350 Ocean Drive, supported the Garwood and Lake Texana options and continuation of the water releases until a mutual resolution was obtained. Council Member McNichols stated that the City was presently pursuing new water sources for the City and also working on a fair and equitable plan with the Texas Water Commission concerning the water releases. Mayor Rhodes announced the discussion on Item 3, a motion for execution of a twelve month gas supply agreement with Reata Industrial Gas, L.P. City Manager Garza stated that the proposed twelve month gas supply agreement was contingent upon the sale of the gas system. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. M93-253 Motion authorizing the City Manager, or his designee, to execute a twelve (12) month gas supply agreement with Reata Industrial Gas, L.P. for the purchase of 100% of the City's natural gas requirements to begin on January 1, 1994 and expire on January 1, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes announced the discussion on Item 4, a motion to enter into an agreement with the Conrad Blucher Institute for Surveying and Science at Corpus Christi State University. City Manager Garza pointed out that this agreement was the result of a new federal mandate and discussed the procedures involved. Council Member Martin requested that staff closely monitor the testing and provide the Council with an annual report. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Cc 11 Meeting August 31, 1993 Page 7 4. M93-254 Motion authorizing the City Manager or his designee to enter into an agreement with the Conrad Blucher Institute for Surveying and Science at Corpus Christi State University (now known as Texas A&M University - Corpus Christi), in the amount of $109,105, subject to annual appropriation, for the purpose of providing dissolved oxygen monitoring and data collection in Oso Bay as required by the operating permit for the Oso Water Reclamation Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes announced the discussion on Item 5, a resolution authorizing the City of Corpus Christi to join with other cities to intervene in the fuel rate case filed by Central Power & Light Company, and related proceedings; and appointing a representative to the cities steering committee for such proceedings. City Manager Garza briefly discussed the necessity for the resolution and requested that Jimmy Bray, City Attorney, be appointed as the representative. Mayor Rhodes called for comments from the audience. Mr. Leon Perez, 904 Buford, discussed problems with his electric bill. Mayor Rhodes suggested that Mr. Perez contact Central Power and Light Company. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 021739 Resolution authorizing the City of Corpus Christi to join with other cities to intervene in the fuel rate case filed by Central Power & Light Company, PUC Docket No. 12,154, and related proceedings; and appointing Jimmy Bray as representative to the cities steering committee for such proceedings. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye." Mayor Rhodes called for a five minute recess. Mayor Rhodes reconvened the council meeting. Mayor Rhodes announced the discussion on Item 6, the Flour Bluff Area Development Plan. Minutes Regular Cot it Meeting August 31, 1993 Page 8 Mr. Tom Utter, Group Manager, Development Services, briefly discussed the Flour Bluff Area Development Plan in association with the City's Comprehensive Plan. He also referred to the public meetings and hearings on the proposed plan and resolution of many issues. Through the use of slides, Mr. Robert Payne, Senior Planner, outlined the boundaries of the proposed Flour Bluff Area Development Plan (FBADP). He also pointed out the existing land uses and landmarks and stated that much of the area was vacant. Next, Mr. Payne explained some of the zoning concerns in the plan including air installation compatibility use zones and accident potential zones. Mr. Payne then discussed the major categories of environment, land use, transportation, and public services. Next, Mr. Payne pointed out Whiteley Drive on the map and the surrounding area. He reviewed the zoning history of Lot 49 on Whiteley Drive and explained the staff's recommendation. He stated that the owner of Lot 49 was requesting continuance of the B-2 zoning and that the neighborhood was in opposition and requesting single family residential zoning instead. He further discussed reducing the current B-2 Bayfront Commercial zoning to prohibit taverns, reducing the size of any future restaurant, and allowing the existing twelve boat slips. Mr. Utter pointed out that a date in the ordinance required correcting. Mayor Rhodes made a motion to amend the ordinance to reflect March 10, 1993 as the date of the formal public hearing on the FBADP, seconded by Council Member Longoria. Mayor Rhodes called for a voice vote and the motion passed. Mr. Utter responded to several inquiries concerning proposed road improvements and existing zoning in the plan. Mayor Rhodes opened the public hearing on Item 6, adoption of the Flour Bluff Area Development Plan: an element of the Comprehensive Plan; an ordinance approving the Flour Bluff Area Development Plan for adoption as an element of the Corpus Christi Comprehensive Plan; establishing the City's policies for growth, development, and aesthetics for the Flour Bluff area. Mayor Rhodes called for comments concerning issues other than the Whiteley Drive matter. Mr. Bob Byrd, 273 Lola Johnson, stated support of the proposed Flour Bluff Area Development Plan. Mr. Ronald Rowell, Superintendent of Flour Bluff Independent School District, stressed the importance of the area development plan for the Flour Bluff area in relationship to the rapid growth of the Flour Bluff Independent School District. Minutes Regular. Co til Meeting August 31, 1993 Page 9 Mr. Willie Lenox, 302 NAS Drive, suggested that the dirt removed to raise the J. F. Kennedy Causeway be utilized for problems in the Laguna Shore Road area and stressed the importance of the Waldron Road project. In response to Mr. Lenox, Mayor Rhodes stated that the JFK Causeway would be a State project and suggested that Mr. Lenox contact the State. Ms. Marie Speers, 909 Red Start, suggested a gateway park at the entrance to Flour Bluff and discussed future development of Debra Lane. She also stated opposition to improving Laguna Shores accommodating higher traffic volumes. Mayor Rhodes called for comments concerning the Whiteley Drive matter. Mr. Hal George, attorney-at-law representing Whiteley Drive residents, recognized the citizens residing on Whiteley Drive present at the day's meeting. Mr. George also presented letters and pictures to the Council concerning Whiteley Drive. He further requested that Lot 49 be rezoned to single family residential and placed in the Flour Bluff Area Development Plan. He also reviewed the zoning history of Lot 49 and the reasons the residents opposed the B-2 zoning. Mr. Charles R. Butler, attorney-at-law representing Mr. Jim Faris, owner of Lot 49, stated opposition to downzoning Lot 49 to B-1 and the special permit requirement. He discussed the history of the zoning of the lots in the Laguna Madre Cove and stated that Lot 49 had always been a marina. He further stated that there were no plans to construct a bar or tavern on Lot 49. In response to Mayor Rhodes inquiry, Mr. Payne stated that staff was recommending that the commercial land use at the end of Whiteley Drive be limited to minimize the negative impacts to the adjacent residential neighborhood as long as Whiteley Drive was the sole land access to the commercial property. He further stated that such impacts include, but not limited to, the type and amount of traffic generated from the site, noise, odor, and glare from commercial lighting. Mayor Rhodes stated that the staff's recommendation appeared to protect the Whiteley Drive residents. Mr. Joseph Allen Smith, 3850 Wagner Lee, stated support of the marina and the present B-2 zoning. In response to Mayor Rhodes, Mr. Utter stated that the marina would be allowed by virtue of the grandfather clause with the recommended B-1 zoning and discussed further the staff's recommendation. Mr. John D. Mortimer, 4334 Ocean Drive, previous Whiteley Drive resident, stated opposition to a restaurant on Lot 49 and the sale of alcoholic beverages at this location also. Minutes — Regular. Cot 11 Meeting August 31, 1993 Page 10 Mrs. Katherine Zimmerman, 130 Whiteley Drive, stated support of the restaurant on Lot 49. Ms. Sherry Nash, 106 Whiteley Drive, prospective buyer of Lot 49, discussed her plans for the use of Lot 49. She further requested that the zoning remain B-2 to secure her investment. Mr. Jim Faris, 110 Whiteley Drive, owner of Lot 49, expressed concern about the implications of 13-1 zoning with special permit provisions to the future value of Lot 49. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola and passed. In response to Council Member Cooper, Mr. Utter discussed other zoning alternatives protecting the present and future property owners. Council Member Martin expressed concern about the staff's recommendation concerning the zoning of Lot 49 and suggested that the zoning be addressed through a zoning application. In response to Council Member Martin, City Attorney Bray stated that, through the area development plan and the grounds presented at the day's meeting, the property could legally be zoned 13-1. However, he suggested separation of the plan and the zoning on Lot 49. A broad discussion ensued and Council Member Martin suggested to continue the B-2 zoning as long as the present ownership continued with the goal that, upon abandonment, the property would return to single family residential zoning. Council Member McNichols made a motion to remove Policy Statement B.14 from the Flour Bluff Area Development Plan, seconded by Council Member Noyola. Mayor Rhodes called for a voice vote and the motion passed. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Adopting the Flour Bluff Area Development Plan as an element of the City of Corpus Christi Comprehensive Plan; and establishing the City of Corpus Christi's development objectives, policies, and programs for the Flour Bluff area. The foregoing ordinance passed as amended on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the public hearing on the following zoning case: Minutes Regular a ..ci1 Meeting August 31, 1993 Page 11 7. Case No. 693-4 Cleone Smith Baskin: A change of zoning from "R -1B" One -family Dwelling District to 'B-1" Neighborhood with a Special Permit on being 2.86 acres out of Lot 10, Bancroft Farm Lots, located on the west side of Villa Drive, approximately 30 feet north of Leopard Street. Mr. Utter explained the provisions of the Special Permit. Mayor Rhodes inquired whether the owner was in agreement. Mr. Horace Green stated that he would prefer B-4 zoning, but that he would accept the staff's recommendation. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo and passed unanimously. Mayor Rhodes made a motion to amend the ordinance by changing the Zoning Map in reference to 2.86 acres out of Lot 10, Bancroft Farm Lots, from "R -1B" One -family Dwelling District to 'B-1" Neighborhood Business District and granting a special permit for a mini -storage warehouse facility use as defined in the "B-4" General Business District. The motion was seconded by Council Member Longoria. Mayor Rhodes called for a voice vote on the motion and the motion passed. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 021740 Ordinance amending the Zoning Ordinance upon application by Cleone Smith Baskin, by changing the Zoning Map in reference to 2.86 acres out of Lot 10, Bancroft Farm Lots, from "R -1B" One -family Dwelling District to "B-4" General Business District. The foregoing ordinance passed as amended on first reading by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No." Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus Christi Community Improvement Corporation. Mayor Rhodes reconvened the Regular Council Meeting. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 22, and Council Members requested that Items 10, 16, 18, 19, and 21 be withheld for discussion. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular. Cot _411 Meeting August 31, 1993 Page 12 9. M93-255 Motion approving an amendment to the consent agreement adopted by Motion No. M93-101 passed 3/23/93 for the loan agreement between the Corpus Christi Community Improvement Corporation and a bank consortium (including NationsBank, Texas Commerce Bank, Mercantile Bank, Citizens Bank, and Nueces National Bank) increasing the loan amount from $500,000 to $675,000. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 11. M93-256 Motion awarding a contract in the amount of $16,720 to Dailey & Wells Communications, Inc. to relocate microwave equipment out of the basement of the Old Police Building. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 12. M93-257 Motion rejecting bids received for paper products for Bid Invitation No. BI -0259-93 based on lack of competition. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 13. M93-258 Motion approving a supply agreement for part time security workers for the Convention Center Facilities in accordance with Bid Invitation No. BI -0227-93 with Eddie Garza Security, Corpus Christi, Texas based on lowest responsible bidder in the amount of $125,000. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds are budgeted for FY 93-94 by the Convention Center and Coliseum. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 14. M93-259 Motion approving a supply agreement for large lamps in accordance with Joint Governmental Purchasing Group Bid Invitation No. JGPG-93-4 with the following companies for the following amounts, based on low bid for a total estimated annual Minutes — Regular Co. _ell Meeting August 31, 1993 Page 13 expenditure of $13,512.89. The terms of the agreements shall be for twelve months, with option to extend for an additional twelve months, subject to the approval of the suppliers and the City Manager or his designee. Funds are budgeted for FY 93-94 by the using departments. Flato Electric Supply Co. Corpus Christi. Texas (Groups - 1 & 4) $3,411.58 American Light, Inc. Corpus Christi. Texas (Groups - 2, 3, & 5) $10,101.31 GRAND TOTAL - $13,512.89 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15. M93-260 Motion authorizing the City Manager, or his designee to execute an agreement with Neighborhood Centers of Corpus Christi, Inc. to provide $57,000 from the FY93 CDBG Program for improvements to the Molina, Elgin Park and Marguerite Day Care Centers. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 17. M93-262 Motion to refinance four lease purchase agreements currently being financed with Associates Commercial Corporation by adding them to our present lease line of credit with G.E. Capital Public Finance, Inc. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 20. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year agreement with the Buccaneer Commission Inc., for lease of City property for the purpose of conducting a carnival, lease of office space in Memorial Coliseum and provision of police service for crowd and traffic control; Buccaneer Commission, Inc. agrees to continue making donations to charitable or civic causes in lieu of rental payment. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Q .cil Meeting August 31, 1993 Page 14 22. FIRST READING ORDINANCE Authorizing the City Manager to execute a five year Use Privilege Agreement with Padre Little League, Inc. dba Padre Little/Senior League for operation of a youth baseball program at the Bill Witt Park Softball Complex on Yorktown Blvd. in consideration of Padre Little League, Inc. undertaking all maintenance and repairs of said complex. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the discussion on Item 10, amending the lease agreement adopted by Ordinance No. 021640 passed 4/27/93 between the Corpus Christi Community Improvement Corporation and the City of Corpus Christi for the Old Police Station building increasing the lease term from 10 years to 12 years. Mr. Utter pointed out a correction to the lease agreement. Mayor Rhodes made a motion to amend the ordinance to reflect April 1, 1994 through March 31, 2006, as the correct term period. The motion was seconded by Council Member Martin. Mayor Rhodes called for a voice vote on the motion and the motion passed. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE Amending the lease agreement adopted by Ordinance No. 021640 passed 4/27/93 between the Corpus Christi Community Improvement Corporation and the City of Corpus Christi for the Old Police Station building increasing the lease term from 10 years to 12 years. The foregoing ordinance passed on first reading as amended by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes opened the discussion on Item 16, motion approving a 36 month lease for four copiers. Council Member Galindo inquired about placing the lease on the City's lease purchase agreement program to reduce the interest rate. City Manager Garza pointed out that the item was a lease and not a lease purchase. He further discussed the advantages of the lease compared to a lease purchase. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Ci .cil Meeting August 31, 1993 Page 15 16. M93-261 Motion approving a 36 month lease of four copiers; three for the Police Department and one for Engineering/Voluntary Paving in accordance with Bid Invitation No. BI -0274-93 based on low bid and best bid from Texas Copy Systems, Corpus Christi, Texas for a 36 month total of $32,316. Funds have been budgeted for FY 93-94 by the using departments. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 18, ordinance appropriating $1,500,000 from the Capital Improvement Fund, and authorizing the transfer of these funds into the General Debt Service Fund for the annual debt service payment. Council Member Martin inquired about the transfer of funds in the item. City Manager Garza explained the fund transfer in relationship to the receipt of the interest earnings and the annual budget. In response to Council Member Galindo, Mr. Garza reviewed the origination and utilization of the interest earning funds. Mayor Rhodes called for comments from the audience, and there were none. 18. ORDINANCE NO. 021741 Ordinance appropriating $1,500,000 from the Capital Improvement Fund, and authorizing the transfer of these funds into the General Debt Service Fund for the annual debt service payment. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 19, ordinance appropriating $1,159,500 from the No. 220 Street Bond Fund and allocating funds in the amount of $225,000 to the Del Mar Area Neighborhood Streets Phase 3; $346,000 to the South Padre Island Drive/Ayers Street Area Neighborhood Streets; $200,000 to the Annaville Area No. 3 Neighborhood Streets; and $388,500 to the Street Bond Fund Reserve Appropriation. Council Member Moss inquired about the completion date of the project. City Manager Garza stated that Mr. Moss would be provided with a project schedule reflecting such date. Mayor Rhodes called for comments from the audience, and there were none. Minutes - Regular 0. al Meeting August 31, 1993 Page 16 19. ORDINANCE NO. 021742 Ordinance appropriating $1,159,500 from the No. 220 Street Bond Fund and allocating funds in the amount of $225,000 to the Del Mar Area Neighborhood Streets Phase 3; $346,000 to the South Padre Island Drive/Ayers Street Area Neighborhood Streets; $200,000 to the Annaville Area No. 3 Neighborhood Streets; and $388,500 to the Street Bond Fund Reserve Appropriation. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 21, authorizing the City Manager to execute a three year Lease Agreement with the Catamaran Sailing Association for .60 acres on Corpus Christi Beach Park for the operation of a Sail Park and storage facility for a monthly payment of ten percent (10%) of revenue collected for storing sail craft. Council Member Galindo inquired whether the sail park and storage facility was in compliance with the City's codes. City Manager Garza replied in the affirmative. Mayor Rhodes called for comments from the audience, and there were none. 21. FIRST READING ORDINANCE Authorizing the City Manager to execute a three year Lease Agreement with the Catamaran Sailing Association for .60 acres on Corpus Christi Beach Park for the operation of a Sail Park and storage facility for a monthly payment of ten percent (10%) of revenue collected for storing sail craft. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." The Council went into closed session, pursuant to Article 6252-17, Sec. 2(e), V.A.C.S., regarding Item 23, enforcement of City of Corpus Christi franchise with TCI Cablevision. The Council returned from closed session. Mayor Rhodes stated that the Council suggested that the parties involved in the TCI Cablevision issue resolve the matter among themselves in an amicable manner taking into consideration the effects on the citizens. (No action was taken on Item 24). Minutes. Regular Cc .cil Meeting August 31, 1993 Page 17 24. WITHDRAWN Mayor Rhodes called for the City Manager's report. City Manager Garza discussed the Texas Water Development Board's visit to the City on September 15 and 16, 1993. He stated that a reception would be held at the Museum of Science and History from 6:00 to 9:00 p.m. on September 15, 1993, and a meeting would be held in the Council Chamber on September 16, 1993 beginning at 9:00 a.m. He further commented that invitations would be sent to the Council. Mayor Rhodes referred to the meeting with the Corpus Christi Area Convention & Visitor's Bureau and the request thereof. City Manager Garza stated that the item was presently under staff consideration. Mayor Rhodes called for Council concerns and reports. Council Member Noyola requested information concerning the July, 1993 tax collections. Council Member McNichols requested that staff provide an update on the establishment of the ordinance to control boat wakes and speed in private canals and waterways. Council Member Galindo requested an update on the Del Mar project. Council Member Moss requested an update on the Baldwin Avenue traffic signal coordination project. City Manager Garza stated that the requested information at the day's meeting would be provided to the Council. Mayor Rhodes called for petitions from the audience. Mr. Ronald A. Hudson, 3556 Austin, referred to the TCI Cablevision issue. Mayor Rhodes replied that a violation had not occurred. Mr. Hudson then referred to the upcoming Human Relations Commission meeting and reviewed the commission's purpose. He encouraged the citizens to attend. Lastly, Mr. Hudson also referred to a Supreme Court case concerning religious activities. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:35 p.m. on August 31, 1993.