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
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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.
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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.