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HomeMy WebLinkAboutMinutes City Council - 10/12/1993I 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 October 12, 1993, which were approved by the City Council on October 19, 1993. SEAL WITNESSETH MY HAND AND SEAL,, this 2 day of f ctober, 1993. .,y,- Arc Armando Chapa, City Secretary P4 CPOrt(mai MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 12, 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 Mr. George Pledger, Church of Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of September 28, 1993, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes announced the presentation of the Quality Award to the Corpus Christi Housing Authority (CCHA), Item 1, and introduced Ms. Judy Hale, Chairman of the Board of the CCHA. Ms. Hale recognized other members present at the day's meeting and expressed appreciation to the Mayor and Council for their support. Lastly, Mayor Rhodes presented the 1991 and 1992 Quality Award to the CCHA. Minutes Regular Cc ;Il Meeting October 12, 1993 Page 2 Mayor Rhodes deviated from the regular agenda and announced Item 4, the presentation to the Quincentennial Commission. Mayor Rhodes introduced Ms. Janet Rice, Chairman of the Commission, and presented a Certificate of Appreciation to the commission. Ms. Rice recognized other members of the commission present at the day's meeting and expressed appreciation to the Mayor and Council for their support. Lastly, Mr. Fernando Iglecias expressed appreciation to the Council also. i■ i i i f f■! R t Mayor Rhodes returned to the regular agenda and announced Item 2, the presentation by the Southbay Subdivision Neighborhood Association (SSNA). Mayor Rhodes invited Mr. Jerry Wagoner, representative of the SSNA, present at the day's meeting to give the presentation. Mr. Wagoner expressed appreciation to the City Council and City staff for the cooperation extended to the association during the past year. He briefly referred to the 1992-93 annual report distributed to the Council from the South Bay - Harbor Village Neighborhood Association and stated that the association intended to continue the relationship with the various city departments in the upcoming years. Council Member Best arrived at the meeting at 2:20 p.m. Mayor Rhodes announced the presentation on water issues. City Manager Garza reviewed the effects of the 1984 drought on the community. Through the use of slides, he reviewed newspaper articles outlining these events. He discussed voluntary water conservation, the water releases from Choke Canyon into Lake Corpus Christi to alleviate water evaporation, and the mandatory water conservation implemented and enforced with strict penalties. Mr. Garza further referred to the educational programs concerning the vanishing water supply. He next reviewed the effects on the local economy which involved employee layoffs and the closings of some local businesses. In summation, Mr. Garza stated that this drought was significant because the City was caught in between the diminishing water supply at Lake Corpus Christi and the development of Choke Canyon. He stressed the importance of avoiding a situation such as this in the future by appropriate planning measures. In response to Council Member Moss, Mr. Garza discussed the various ways in which the local industries conserved water. In further response to Council Member McNichols, Mr. Garza discussed the present and potential water usage by local industry and the effects on the local water resources. Minutes Regular Co ;il Meeting October 12, 1993 Page 3 Council Member Moss inquired about utilization of "cogeneration of power." City Manager Garza stated that he would examine this aspect and provide a report to the Council. Mayor Rhodes deviated from the regular agenda and announced the discussion on Item 6 dealing with the pipeline ordinance. She stated that she would like to have this item on first because Senator Carlos Truan was in the audience and he wanted to address the Council on this issue. Senator Truan stressed the importance of the pipeline regulations and expressed appreciation to the City Council for their support. He further recommended adoption of the ordinance for the health and safety of the citizens. Council Member Noyola congratulated and expressed appreciation to Senator Truan for his efforts concerning the pipeline ordinance. He further expressed appreciation to the City staff. Mr. Tom Utter, Group Manager, Development Services, commended the Local Emergency Planning Commission (LEPC) for their efforts and introduced Fire Chief J. J. Adame. Chief Adame briefly reviewed the history of the development of the ordinance and introduced Dr. Ed Quick, Chairman of the Transportation Subcommittee of the LEPC. Dr. Quick recognized members of the LEPC present at the day's meeting and outlined the key points of the ordinance. The key points included jurisdiction, reporting requirements, safety and incident reports, response plans, pipeline repairs, maintenance, markings, public education, and violations. Several Council Members posed questions concerning application and participation in the development of the ordinance. Mr. Utter responded and explained funding for implementation of the ordinance. In response to Council Member Martin, Mr. Utter discussed the procedures of obtaining and inputting information into the City's Geographical Information System (GIS). Mr. Moss expressed his support in the utilization of the City's GIS for this purpose. Council Member Noyola stated support of the ordinance and inquired about the committee review panel. He suggested the panel consist of members from the community at large. Mr. Quick discussed the proposed Pipeline Review Panel. Mayor Rhodes called for comments from the audience. Mrs. J. Foster, 1118 Vernon, expressed concern about the location of the publication notification in the newspaper and the number of times the notification is published. She Minutes Regular Co ;il Meeting October 12, 1993 Page 4 further expressed concern regarding the physical notification in the surrounding area and the size of the area to be notified. Dr. Quick explained the present proposal. A discussion ensued and it was the consensus of the Council for staff to provide alternatives concerning publication notifications and the area to be notified prior to the second reading of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Providing emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines, insurance, emergency procedures, fees, procedures for installation of new pipelines, pipeline markers, procedures for inactive and idled pipelines, public education and notices, and other regulations for public health and safety; prescribing fines of not less than $1,000 nor more than $2,000 per violation per day and injunctive relief; providing for severability; providing for publication; and providing for effective dates. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes referred to the Board & Committee appointments and the following appointments were made by the Council. Community Action Agency Mayor Mary Rhodes (Sonya Kay Lee) Betty Jean Longoria Cezar Galindo (Freddy Cavazos) Ethics Commission Helen Gurley Nan Pillinger, reappointed Jan Rehler, reappointed Municipal Arts Commission Norma Urban Minutes Regular Co ;il Meeting October 12, 1993 Page 5 Nueces County Tax Appraisal District Clif Moss Victor Penuel Senior Companion Program Advisory Committee Maria G. Gutierrez Cindy Hawkins Marie Partington t! i i i i i i i f f f f Mayor Rhodes called for consideration of items from the Regular Agenda and opened the discussion on Item 5, a resolution recommending that the Texas Department of Transportation favorably consider the joint grant application by the City of Corpus Christi and Texas A&M University -Corpus Christi for Statewide Transportation Enhancement Program funds. City Manager Garza stressed the importance of the hike/bike trail system to improve the quality of life in the City. Mr. Utter briefly reviewed the Statewide Transportation Enhancement Program and the benefits of the hike/bike trail. Council Member Galindo inquired whether this project could delay other projects, and Mr. Utter replied that it would not. In further response to Council Member Moss, Mr. Utter explained the project's funding. Mr. Malcolm Matthews, Director of Park and Recreation, displayed slides depicting the site and related improvements associated with the bike/hike trail. Mr. Matthews then introduced Mr. Bob Ferguson, President of Texas A&M University - Corpus Christi. Mr. Ferguson stated support of the hike/bike trail and discussed the significance to the university. In response to Council Member McNichols, Mr. Matthews explained the proposed seawall improvements in the downtown area which would not eliminate parking along the seawall. Dr. McNichols stated support of the project, but referred to the large volume of traffic on Ocean Drive and expressed concern about safety. Dr. McNichols next inquired about other projects to be submitted to the Municipal Planning Organization (MPO). Mr. Utter discussed other potential projects and stated that prioritization would be performed by the MPO. Mr. Utter responded to several questions from Council Member Galindo about the proposed project. Minutes Regular Co Al Meeting October 12, 1993 Page 6 Council Member Martin expressed concern about eliminating parking on Ocean Drive and inquired about the specific commitment required from the Council at the day's meeting concerning the project. Mr. Utter stated that approval at the day's meeting would endorse submission to the MPO and subsequent submission to the Texas Department of Transportation. He further stated that any plans for development would be returned to the Council for approval. Mayor Rhodes called for comments from the audience. Ms. Gretchen Wood, local cyclist, supported the project because it would increase the quality of life in the City. Ms. Wood introduced Owen Brazelle, young cyclist, who also supported the hike/bike trail. Mr. Raymond Hasker, 1813 Wallace, discussed the hike/bike trail in the City. Ms. Toby Shor-Oshman, Chairman of the Park & Recreation Advisory Committee, stated support of the project on behalf of the committee and requested endorsement by the Council. Dr. Best inquired about ways to improve safety on Ocean Drive. City Manager Garza stated that the project could provide a safer biking area for cyclists. Council Member Martin inquired whether handicap accessibility was being considered as well. Mr. Utter replied in the affirmative and outlined specific areas under consideration. Mr. Abel Alonzo, 1701 Thames, stated support of the project. Mr. Clay Ewing, President of the Bay Area Cyclist, supported the project and requested approval by the Council. Ms. Susan Murphy, physician at Memorial Medical Center and cyclist, supported educational and social programs concerning cycling and also the hike/bike trail. She also discussed the economical benefits of a hike/bike trail in the community. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 021768 Resolution recommending that the Texas Department of Transportation favorably consider the joint grant application by the City of Corpus Christi and Texas A&M University -Corpus Christi for Statewide Transportation Enhancement Program funds, to design, construct and operate a seventeen (17) mile hike/bike trail system and other related improvements. The total grant funds request is $1,520,000, plus $195,000 of City Park Bond Funds and $20,000 of Park Trust Funds which will be used as the City's portion of the local grant match; and $300,000 from Texas A&M Minutes Regular Co :il Meeting October 12, 1993 Page 7 University -Corpus Christi which will be used as its share of the local match requirement. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent at the time the vote was taken. Mayor Rhodes opened the discussion on Items 7a, 7b, 7c, 7d, 7e, and 7f, amending the Code of Ordinances with regards to building and construction and related operations in the City. Council Member Moss requested postponement because of the limited information provided to the Council and the recent letter from Mr. Van Kirk concerning the items. A brief discussion ensued and it was determined that the presentation at the day's meeting could address all concerns. Mr. Utter briefly reviewed the code amendments and discussed the consolidation of the administrative chapters. Mr. Kelly Elizondo, Director of Community Development, briefly reviewed the major changes and discussed the requirements involving residential slab foundations, windload criteria for windows, exemptions for 20 acres tracts of land, and tile roof coverings. He stated that the controversial issues would be clarified or changed before the second reading, if so desired by the Council. Council Member Galindo inquired whether the cost of a new home would be increased by the new regulations. Mr. Elizondo stated that the amendment concerning residential slab foundations would increase costs and stressed the importance of the modifications. Council Member Moss stated support of the proposed changes and requested a comparison of other cities. Mr. Elizondo provided a comparison. Mayor Rhodes called for comments from the audience. Mr. James W. Van Kirk stressed the importance of updating the code. He next referred to the letter he recently presented to the Council concerning the code amendments and discussed each concern. He then requested that the Council postpone the items until all controversies could be resolved. In response to Mr. Van Kirk, Mr. Utter stated that Mr. Van Kirk's concerns would be reviewed before the second reading of the ordinance. He further stated that the Council would be provided with a report addressing each concern. Returning to Mr. Van Kirk, he discussed his concerns regarding aluminum windows. Minutes Regular Co Al Meeting October 12, 1993 Page 8 Mr. Paul Koepke, local real estate professional and Chairman of the Slab Advisory Committee, stated support of the code amendments. Mrs. Shirley Mims, President of the Builders Association, stressed the importance of the amendments concerning the slab foundations and discussed the additional costs for compliance. She further reviewed the recommendations of the association concerning specific requirements and requested approval by the Council. Council Member McNichols expressed concern about additional costs associated with the amendments. He then made a motion to postpone Items 7a, 7b, 7c, 7d, 7e, and 7f, seconded by Council Member Noyola. Mayor Rhodes called for a hand vote on the motion and the motion failed. Council Member Martin referred to the approval of the various local organizations and suggested approval of the items at the day's meeting. City Secretary Chapa polled the Council for their votes as follows: 7a. FIRST READING ORDINANCE Amending Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article VI, Plumbing Code (including Gas), Sections 13-200 to 13-220, of the City Code of Ordinances by adoption of the Standard Plumbing Code, 1991 Edition; providing for additions, deletions, and changes to said code; repealing all provisions of Article VI; providing a savings clause; providing for penalties; providing for publication; providing an effective date of November 1, 1993. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, and Martin voting "Aye"; McNichols, Moss, and Noyola voting "No." 7b. FIRST READING ORDINANCE Amending Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article VI, Plumbing Code (including Gas), Sections 13-200 to 13-220, of the City Code of Ordinances by adoption of the Standard Gas Code, 1991 Edition; providing for additions, deletions, and changes to said code; repealing all provisions of Article VI; providing a savings clause; providing for penalties; providing for publication; providing an effective date of November 1, 1993. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, and Martin voting "Aye"; McNichols, Moss, and Noyola voting "No." Minutes Regular Co. 11 Meeting October 12, 1993 Page 9 7c. FIRST READING ORDINANCE Amending Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article VII, Mechanical Code, Sections 13-221 to 13- 243, of the City Code of Ordinances by adoption of the Standard Mechanical Code, 1991 Edition; providing for additions, deletions, and changes to said Code; repealing all provisions of Article VII; providing a savings clause; providing for penalties; providing for publication; providing an effective date of November 1, 1993. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, and Martin voting "Aye"; McNichols, Moss, and Noyola voting "No." 7d. FIRST READING ORDINANCE Amending Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article I, in general, Sections 13-1 to Section 13-19 of the City Code of Ordinances by adopting the SBCCI Standard Building Code, 1991 Edition, as the Building Code of the City of Corpus Christi; providing for additions, deletions, and changes to said Code; repealing Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article I, in general, Section 13-1(a)(2) through Section 13-1(a)(32) and Section 13-2; providing a savings clause; providing for penalties; providing for publication; and providing for an effective date of November 1, 1993. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, and Martin voting "Aye"; McNichols, Moss, and Noyola voting "No." 7e. FIRST READING ORDINANCE Amending the Code of Ordinances Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article I, in general, Section 13-1 by adoption of the Southern Building Code Congress International Standard Administrative Chapter, 1991 Edition, for the City of Corpus Christi Building, Electrical, Gas, Mechanical, and Plumbing Codes; providing for additions, deletions, and changes to said Code; repealing all Administrative Provisions of Article I, Article III, Article VI, and Article VII; providing a savings clause; providing for penalties; providing for publication; and providing for an effective date of November 1, 1993. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, and Martin voting "Aye"; McNichols, Moss, and Noyola voting "No." Minutes Regular Co :il Meeting October 12, 1993 Page 10 7f. FIRST READING ORDINANCE Amending Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article III, Electrical Code, Sections 13-60 to 13-149, of the City Code of Ordinances by adopting Standard Administrative Provisions and Permit Fee Schedule; providing for additions, deletions, and changes to said Code; repealing all provisions of Article III; providing a savings clause; providing for penalties; providing for publication; providing an effective date of November 1, 1993. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, and Martin voting "Aye"; McNichols, Moss, and Noyola voting "No." Mayor Rhodes opened the public hearing on Item 8, closure and abandonment of a 50 -foot right-of-way of Massey Street extending west of Sam Rankin Street abutting Lots 1 through 7, Block 1 & 2, Hidalgo Addition. There was no opposition to the closure and abandonment. Council Member Best made a motion to close the public hearing, seconded by Council Member Moss, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 021769 Ordinance closing and abandoning the 50 -foot right-of-way of Massey Street extending west of Sam Rankin Street abutting Lots 1 through 7, Block 1 & 2, Hidalgo Addition; subject to the compliance with the specified conditions; and the replatting of the property within 180 days. 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 public hearing on the following zoning application: 9. Case No. 993-1. Jose V. Rivera: A change of zoning from "R -1C" One -family Dwelling District to "B-1" Neighborhood Business District on Gardendale No. 2, Block 7, Southwest 50 feet of Lot 36, located on the east corner of Bonner Drive and Nelson Lane. Mayor Rhodes stated that the Planning Commission and staff recommended denial of the application. Minutes Regular 0. .il Meeting October 12, 1993 Page 11 Mr. Brandol Harvey, Director of Planning, stated that the applicant was not in favor of a special permit. Further, Mr. Harvey showed a video displaying the relative property and surrounding residential area. A brief discussion developed about alternative zoning options. Mayor Rhodes inquired whether the applicant would accept a special permit for a grocery store. Mr. Rivera replied in the affirmative. The public hearing was closed. Council Member Martin made a motion to withdraw Item 9 from consideration at the day's meeting and direct staff to return with an ordinance granting a special permit for a grocery store at the next meeting. The motion was seconded by Council Member Noyola. Mayor Rhodes called for a voice vote on the motion and the motion passed. WITHDRAWN Business-Distfiet. Mayor Rhodes opened the public hearing on the following zoning application: 10. Case No. 993-2. Sidney H. Smith III; A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Alameda Park, Block 6, Lots 3 and 4, located on the southwest corner of Avalon and Sam Streets. Mayor Rhodes stated that the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing; seconded by Council Member Galindo and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021770 Ordinance amending Zoning Ordinance upon application by Sidney H. Smith III by changing the Zoning Map in reference to Alameda Park, Block 6, Lots 3 and 4, from "AB" Professional Office District to "B-1" Neighborhood Business District. Minutes Regular Cc :11 Meeting October 12, 1993 Page 12 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 public hearing on the following zoning application: 11. Case No. 993-4. James Brooks VFW Post 3837: A change of zoning from 'R -1B" One -family Dwelling District to "B-4" General Business District on 2.06 acres of land out of Share No. 11 of the Partition of the Estate of John B. Harney, located on the north side of Leopard Street, approximately 900 feet east of Callicoatte Road. Mayor Rhodes stated that the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing; seconded by Council Member and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021771 Ordinance amending Zoning Ordinance upon application by James Brooks VFW Post 3837 by changing the Zoning Map in reference to 2.06 acres of land out of Share No. 11 of the Partition of the Estate of John B. Harney, 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, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." ::::::::::::: Mayor Rhodes recessed the Regular Council Meeting for Item 12, meeting of the Corpus Christi Housing Finance 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 13 through 29, and Council Members requested that Items 13, 14, 15, 16, 17, 21, and 23 be withheld for discussion. Minutes Regular Cc til Meeting October 12, 1993 Page 13 City Secretary Chapa polled the Council for their votes and the following were passed: 18. M93-291 Motion approving a supply agreement for approximately 10,000 recycling bins, in accordance with Bid Invitation No. BI -0012-94 with Piper Industries, Dallas, Texas based on the low bid of $32,000. The term of the contract will be for twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These bins will be used by Solid Waste Services in the City-wide recycling program and funds have been budgeted for FY 93-94. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 19. M93-292 Motion approving a supply agreement for dairy products which includes approximately 140,000 - i pints of whole milk; 18,000 - i pints of buttermilk; 25,000 - l pints of chocolate milk; and 60,000 - 1 pints of skim milk, in accordance with Bid Invitation No. BI -0295-93 with Borden Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $33,905.40. These items will be used by Senior Community Services for the Elderly Nutrition Program. The term of the agreement shall be for twelve months with option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 93-94 by Senior Community Services. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 20. M93-293 Motion approving a supply agreement for bakery items which includes wheat bread, sour dough bread, tortillas, hamburger buns, and hot dog buns, in accordance with Bid Invitation No. BI -0232-93 with Rainbo Baking Co., Corpus Christi, Texas based on low bid, for an estimated annual expenditure of $10,065.15. These items will be used by Senior Community Services for the Elderly Nutrition Program. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 93-94 by Senior Community Services. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Cc :il Meeting October 12, 1993 Page 14 22. M93-295 Motion approving the concept of the Airport Entrance Road Project as proposed by the Airport Advisory Board. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 24a. ORDINANCE NO. 021772 Ordinance appropriating a matching grant in the amount of $4,227 from the Texas Commission on the Arts for the local arts subgrant program. 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." 24b. M93-297 Motion approving the allocation of $127,201 to a total of twenty-four (24) arts organizations, $1,026 for contingencies, and $10,000 to the Permanent Art Trust Fund, for a total of $138,227 for the FY 93-94 arts programs. Funding of $134,000 is authorized in the FY 93-94 budget and $4,227 from the Texas Commission on the Arts. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 24c. M93-298 Motion approving a contract in the amount of $19,500 with the Corpus Christi Arts Council as part of the $138,227 allocated for the arts programs in FY 93-94. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 25a. M93-299 Motion authorizing the City Manager to execute a contract with the Texas Department of Health (TDH) in the amount of $158,116 for continuation of family planning services to low income women during the period October 1, 1993 through August 31, 1994 and adding two full time equivalent positions to the Health Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Cc Al Meeting October 12, 1993 Page 15 25b. ORDINANCE NO. 021773 Ordinance appropriating $158,116 from the TDH for continuation of family planning services; amending Ordinance No. 021707 which adopted the FY 1993-94 Operating Budget by adding $158,116 to the General Fund - Health Department; adding two full time equivalent positions to the Health Department. 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." 26. FIRST READING ORDINANCE Authorizing the execution of a one year farming lease agreement with Julius Zdansky, Jr. for a 46 acre tract of land from the Wastewater Treatment Plant site located off of Yorktown Boulevard; approving a rental fee of either a designated dollar portion of the crop harvested from the acreage or a guaranteed $20/acre per crop year, whichever is greater. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 27. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a one-year residential and grazing lease agreement with Mr. S. Gene Wilson for a 20 -acre tract of land, with improvements, from the Wastewater Treatment Plant site, located off Yorktown Boulevard, for a rental fee of $500 per month. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 28. ORDINANCE NO. 021774 Authorizing the closure of the Downtown Heliport, deleting City Code of Ordinances, Chapter 9 Aviation, Heliports Division 2, Sub -Sections 9-70 through 9- 78. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 29. RESOLUTION NO. 021775 Resolution applauding the efforts of the Corpus Christi Quincentennial Commission, declaring the successful completion of their mission, commending commission members for a job well done, and repealing Resolution No. 20270. Minutes Regular 0. .il Meeting October 12, 1993 Page 16 The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 13, a motion approving the purchase of an elevating scraper. Council Member McNichols expressed concern that the City's lease line of credit was being over utilized. He further pointed out the recent purchase of another elevating scraper and requested an alternative purchasing method to eliminate simultaneous purchases. City Manager Garza explained the necessity of the machines and referred to the equipment leasing list in the agenda material. In further response, Mr. Garza compared costs of owning equipment versus the cost of leasing equipment. Council Member Martin also expressed concern about utilizing the lease line of credit excessively. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. M93-286 Motion approving the purchase of an elevating scraper, with full five year maintenance, from Holt Company of Texas, Corpus Christi, on the basis of only bid, in accordance with Bid Invitation No. BI -0286-93. The purchase price is $303,048.00; maintenance cost is $133,140.00. The purchase price will be financed through G.E. Capital. Based on the present annual interest rate of 4.56%, the finance charge is $36,432.07, for a total expenditure of $472,620.07. The City may exercise a buy-back option from Holt Company, after the five year maintenance program, at $78,161.00, resulting in a net expenditure of $394,459.07. The replacement equipment is for Solid Waste Services Department, and funds are budgeted in fiscal year 93-94 for the first year payments. 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 14, a motion approving the purchase of a reconditioned voice processing system. Council Member Galindo inquired about the necessity of the purchase and whether the purchase would be a duplication of equipment presently owned. Mr. John Bacon, Director of Information Services, explained the functions of the equipment. Police Chief Henry Garrett explained the necessity and the importance of the purchase. Minutes Regular 0 cil Meeting October 12, 1993 Page 17 Council Member Moss inquired whether the system would eliminate any positions at the police department. Chief Garrett replied that it would not. In response to Council Member Best, Mr. Bacon explained specific functions of the system. Council Member Martin expressed concern that telephone answering machines could be misused by screening calls. Mr. Martin further pointed out other businesses which utilize answering systems efficiently and requested that the City Manager examine areas in City Hall for potential application. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M93-287 Motion approving the purchase of a reconditioned voice processing system in accordance with Bid Invitation No. BI -007-94, for the Police Department from Norstan Communications, Inc., New Orleans, La., based on an only bid of $35,663.00. The equipment is budgeted in the 93-94 budget. 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 15, a motion approving a supply agreement for radio paging service. Council Member McNichols referred to the costs for the paging services wherein a savings would be realized by the City and commended the staff. In response to Council Member Martin, City Manager Garza reviewed the services and equipment in the agreement. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M93-288 Motion approving a supply agreement for radio paging service in accordance with Bid Invitation No. BI -0014-93 with McCaw Communications, Inc., Corpus Christi, for the annual amount of $24,012.00, based on low total bid. The term of the contract is for twelve months with options to extend for up to two additional twelve month periods subject to the approval of the contractor and the City Manager, or his Minutes Regular C cil Meeting October 12, 1993 Page 18 designee. The paging service will be used by appropriate departments and the contract will be administered by MIS Department. 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 16, a motion approving a supply agreement for firefighting clothing. Council Member McNichols referred to the style of clothing. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. M93-289 Motion approving a supply agreement for firefighting clothing which includes approximately 100 turnout coats, 100 turnout pants, and 100 pairs of suspenders, in accordance with Bid Invitation No. BI -0254-93 with Casco Ind., New Braunfels, Texas, based on low bid meeting specifications for an estimated annual expenditure of $41,725. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 93-94 by the Fire Department. 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 17, a motion approving a supply agreement for furnishing and applying thermoplastic pavement markings. Council Member Galindo expressed concern that the cost was excessive. City Manager Garza discussed the advantages of the pavement markings. Mr. Ogilvie Gericke, Street Superintendent, explained the costs as compared to the painting operations and stated that these costs were reasonable. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M93-290 Motion approving a supply agreement for furnishing and applying approximately 380,000 linear feet of thermoplastic pavement markings in accordance with Bid Minutes Regular C cil Meeting October 12, 1993 Page 19 Invitation No. BI -0256-93 with Blinking Caution Lites, Inc., Corpus Christi, Texas, based on low bid of $84,926.42. The term of the contract will be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. This service will be used by the Street Department and funds are budgeted in FY 93-94. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the discussion on Item 21, a motion approving a change order to the contract for additional sanitary sewer construction at the Westside Landfill. Council Member Galindo inquired about the specific problem with the force main. Mr. Angel Escobar, Assistant Director of Engineering, explained the problem and the proposed solution. Council Member Moss stated support of the use of an outside contractor and requested that a comparison of cost for in-house and outside contractors be provided to the Council in the future. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. M93-294 Motion approving a change order in the amount of $26,122.50 to the contract with UMM, Inc. for additional sanitary sewer construction at the Westside Landfill. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the discussion on Item 23, a motion approving an agreement with the Environmental Protection Agency for a Variable Rate Collection Study. Council Member Cooper inquired about the source of the City's matching funds and the necessity of the study. City Manager Garza responded. In response to Council Member Martin, Mr. Bob Bruner, Director of Solid Waste Services, explained the program. Mr. Martin requested that staff provide information on the garbage collected per route and also requested timely updates on the progress of the program. A brief discussion ensued concerning options for collecting waste and the results thereof. .Minutes Regular C .cil Meeting October 12, 1993 Page 20 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 23. M93-296 Motion approving an agreement with the Environmental Protection Agency (EPA) for a Grant to perform a Variable Rate Collection Study. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola absent. The Council went into closed session pursuant to the Texas Government Code, Section 551.071 regarding TCI Cablevision of Texas, Inc. v. City of Corpus Christi, No. C-93- 351, United States District Court, Southern District of Texas, Corpus Christi Division, and regarding Stephen A. Hines et al v. City of Corpus Christi, No. 93-2692-C, 94th District Court, Nueces County, Texas. The Council returned from closed session. Mayor Rhodes stated that the issue regarding TCI Cablevision and the local affiliates was important to the citizens and requested the City Attorney to present his advice to the Council in the closed session regarding the matter. City Attorney Bray referred to the source of his information and stated that the City was preempted from enforcing the franchise provision regarding the broadcasting of local network affiliates because of the 1992 Cable Act passed by Congress. Mayor Rhodes stated that the Council shared the frustrations of the citizens and requested both parties to act in the best interest of the public and in good faith to resolve the problem. Council Member Martin reviewed the history of cable television conditions in the City and commented favorably on the Mayor's offer to mediate the meetings between the affiliates and TCI. Mr. Martin suggested that the Council remember the present situation when considering future actions. Council Member Cooper requested the involved parties to resolve the matter as soon as possible for the benefit of the community. Minutes Regular C cil Meeting October 12, 1993 Page 21 Council Member Noyola agreed with the previous comments and stated that the City could not get involved in the matter. He further requested the local television stations to consider the effects on the citizens. Mayor Rhodes called for the City Manager's report. City Manager Garza discussed the improving local economy and the Council's desire for proper administration of the building inspection services. He further referred to the need for an additional electrical inspector and informed the Council that he instructed the staff to add this position. Mayor Rhodes discussed the success of her and City Secretary Chapa's recent trip to Monterrey, Mexico regarding the Sister City Affiliation. Mayor Rhodes then referred to the National Conference of Mayors's resolution for "National Unfunded Federal Mandates Day" and stated she would provide information to the Council on the subject. Mayor Rhodes called for Council concerns and reports. Council Member Martin referred to the stormwater drainage problems in the City and stated that he received a telephone call from an interested citizen concerning the disposal of grass clippings in the City's drainage systems. He stated that the caller suggested an extensive educational program. He further suggested that city employees inform citizens of the consequences on an individual basis. Lastly, Mr. Martin discussed problems with the winter averaging program. A brief discussion ensued and City Manager Garza stated that he would investigate the problems. Council Member Moss requested an examination of Flynn Parkway/Tiger Lane to determine the need for a traffic signal and an examination of a flashing light near Memorial Coliseum on Shoreline Drive. City Manager Garza stated that the traffic investigation of Staples Street/Yorktown Boulevard was complete resulting in the need of a traffic light. He stated that the City was presently working with the State for the traffic light. Council Member McNichols referred to presentation of the Task Force on the consolidation of the Corpus Christi Area Convention & Visitors Bureau, the Corpus Christi Economic Development Corporation, and the Corpus Christi Chamber of Commerce and requested specific information on the consolidation. City Manager Garza stated he would provide the information to the Council. Council Member Noyola referred to the upcoming presentation at the Texas A&M University - Corpus Christi on the one-fourth of one cent sales and use tax and inquired about the objectives. City Manager Garza explained. Mayor Rhodes called for petitions from the audience. . Minutes Regular C .cil Meeting October 12, 1993 Page 22 Mr. Dan Murrell, representative of TCI Cablevision, Inc., explained TCI's position on the current issue. He further apologized to the citizens of the City and stated that TCI remained willing to negotiate. Council Member Martin inquired about the TCI's lawsuit against the City. Mr. Murrell stated that TCI was attempting to obtain the City's opinion on the enforcement of provisions in the franchise agreement. Mr. R. J. Herschbach, 4650 Hakel, expressed concern that all citizens did not have access to emergency broadcasting. He further discussed the rising cost of cable television. Mr. Abel Alonzo, 1701 Thames, stated opposition to the existing controversies between the local television channels and TCI Cablevision, Inc. of Texas. He requested a immediate solution to protect the citizens. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:55 p.m. on October 12, 1993.