HomeMy WebLinkAboutMinutes City Council - 10/19/1993I 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 19,
1993, which were approved by the City Council on October 26, 1993.
SEAL
5 KI<
WITNESSETH MY HAND AND SEAL, this 27nd day of October, 1993.
Armando Chapa, City Secre
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 19, 1993
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem David Noyola
Council Members:
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Dr. David McNichols
Edward Martin
Clif Moss
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 Dr. Cal Sodoy, Pastor of the Filipino Community
Church, following which the Pledge of Allegiance to the Flag of the United States was led
by Council Member Noyola.
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 October 12, 1993, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes announced the presentation by the Calallen Independent School
District.
Minutes
Regular Cc 11 Meeting
October 19, 1993
Page 2
Mr. Arturo Almendarez, Ed.D., Superintendent of Calallen Independent School
District, discussed the hazardous conditions on Cornett Drive located in front of the
Calallen Middle School and the dangers to the users of the street. He requested that the
Council examine the allocation of funds for the repair of the street in the near future. He
further stated that the homeowners in the area were willing to participate in the cost for the
improvements.
Council Member Galindo arrived at the meeting at 2:15 p.m.
Council Members Longoria and Noyola stressed the importance of repairing the
street to promote public safety.
A discussion ensued about available funding options and Council Member Longoria
made a motion directing staff to examine the problem and determine the costs and means
to fund the repairs on Cornett Drive, and further, that staff work with the Calallen
Independent School District towards a possible jointly funded project. The motion was
seconded by Council Member Martin.
Council Member Best inquired whether the Calallen Independent School District
would be willing to participate in the cost. Mr. Almendarez replied that it might be possible
and stated that the district would be interested in the results of Council Member Longoria's
inquiries.
Council Member McNichols agreed with the necessity of the improvements and
referred to other areas near schools warranting street repairs. He suggested that staff
examine these areas as well.
Council Member Longoria referred to the slow process of street repairs from bond
elections. She stressed the importance of locating another funding mechanism. She further
pointed out that Community Development Block Grant funds were not available to this
particular area.
Mayor Rhodes called for a hand vote and the motion passed.
Mayor Rhodes announced the presentation, discussion, and consideration of the
proposed consolidation of the Corpus Christi Chamber of Commerce (Chamber), the Corpus
Christi Bay Area Economic Development Corporation (EDC) and the Corpus Christi Area
Convention and Visitors Bureau (CVB).
Mr. Al Jones, Chairman of the Corpus Christi Area Convention & Visitors Bureau,
referred to the recent meeting on the consolidation and requested the support and
endorsement of the Council to proceed with the establishment of the proposed Interim
Board of Directors. He stated that the Interim Board of Directors would assemble the
details of the alliance for a future presentation to the Council.
Minutes
Regular Cc' 1 Meeting
October 19, 1993
Page 3
Council Member McNichols referred to a similar partnership in the City of Houston
and stated that the Houston Convention & Visitors Bureau was not included in the
partnership. He further read the CVB's mission statement and stated that the mission
statement was different from the other two organizations.
Mr. Jones stated that the functions and interests of the CVB had expanded and their
participation would enhance the success of the alliance and provide better coordination
among the organizations.
Council Member McNichols referred to the present funding sources of the separate
entities and expressed concern about the budget of the Alliance. He further expressed
concern about the proposed organizational structure of the Board. Mr. Jones discussed the
proposal.
In response to Council Member Best, Mr. Jones discussed the proposed roles of the
Board of Directors. Next, Council Member Best stressed the importance of using the word
"Chamber" in the title of the organization for clarification.
Council Member Martin discussed the development of the concept by the Task Force
and suggested endorsement. He further suggested periodical reports to the Council
addressing Council concerns and stressed the importance of adhering to the proposed time
table for the development of the Alliance.
A brief discussion ensued and it was determined that the Council supported the
concept of the Alliance. Council Member Best made a motion to support the concept of
the consolidation of the Corpus Christi Chamber of Commerce, Corpus Christi Bay Area
Economic Development Corporation, and the Corpus Christi Area Convention & Visitors
Bureau in concept (M93-306). The motion was seconded by Council Member Galindo.
Mayor Rhodes called for a voice vote and the motion passed unanimously.
Mayor Rhodes announced the presentation on water issues.
City Manager Garza referred to concerns that the City was acting prematurely on the
water issues and the availability of water from the Lake Texana option. He stated that
Mr. James Dodson, Regional Water Director, would address these two items.
Pursuant to the Lake Texana option, Mr. Dodson discussed the runoffs, rainfalls, and
yields of the Nueces River Basin and the Lavaca River Basin. He stated that the Lake
Texana option could provide an ample water supply during the droughts experienced in the
Nueces River watershed and would be a dependable water source.
In response to Council Member Best, Mr. Dodson discussed the concern that the City
was acting prematurely regarding the Trans -Texas Water Program. He stated that the City
had been involved in the study from its onset and was attempting to preserve the water
Minutes
Regular Co, Al Meeting
October 19, 1993
Page 4
rights in order to examine the feasibility and the permitting process in the second phase of
the Trans -Texas study.
Council Member Best stated that, if the water options were not exercised, the
economic development and growth of the City would be inhibited. He further inquired
about other alternatives available. Mr. Dodson referred to the other alternatives identified
in the Trans -Texas study and stated that the majority of these consisted of small amounts
of water involving great expense or major projects such as construction of new reservoirs.
He further stated that permits for a new reservoir were difficult to obtain with the new
regulatory climate.
Dr. Best referred to Mr. McComb's concerns about the present water release
structure and requested Mr. Dodson to address ways to alleviate these concerns. Mr.
Dodson stated that alternative release plans were being examined and that the interim order
contained provisions protecting the water supply.
Mayor Rhodes referred to the fines which would be imposed if the water releases
were ceased.
Council Member McNichols stated that the City was presently working on a fair and
equitable plan concerning the water releases. He further stated that the results from the
present studies would provide information about protecting the water supply and providing
for the health of the bays and estuaries. He next stressed the importance of securing the
two options through the one-fourth of one percent sales and use tax increase which would
aid in securing a future water supply.
In response to Council Member Moss, Mr. Dodson discussed the permits and costs
involved in the Lake Texana and Garwood Irrigation options. In further response,
Mr. Dodson discussed the contracts with the current users of the water supply. Mr. Moss
inquired whether the contracts considered the cost for capital expenditures, and Mr. Dodson
responded in the affirmative.
Council Member McNichols inquired whether the industrial users were expected to
pay for their fair share of funding the new water supplies. Mr. Dodson stated that the
industrial users were currently paying their fair share of the cost of the water and, through
the present rate structure, would continue to do so. Mr. Dodson also discussed the rate
structure and stated that there were more expenses involved in providing water to residential
customers than to industrial customers. He further stated that, according to a 1990 rate
structure calculation, the industrial users were paying more than their calculated charge.
Council Member McNichols inquired whether the rates for residential customers
would increase if there were less industrial users. Mr. Dodson stated that there were fixed
costs involved and the industrial users helped achieve an economy of scale.
Minutes
Regular 0 :1 Meeting
October 19, 1993
Page 5
Mayor Rhodes called for consideration of items from the Regular Agenda and
announced the discussion on Items 4a and 4b.
City Manager Garza stated that, at the request of the Council, City staff and Dr. Ed
Quick, Chairman of the Transportation Subcommittee of the LEPC, met with the pipeline
committee and developed changes to the ordinance in response to Mrs. Foster's concerns.
Council Member Martin made a motion to amend prior to the second reading of the
Pipeline Ordinance, seconded by Council Member McNichols. Mayor Rhodes called for a
voice vote on the motion and the motion passed as follows:
4a. M93-300
Motion to amend prior to second reading of the Pipeline Ordinance.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, and Moss, and Noyola voting "Aye"; Cooper and
Noyola absent.
In response to Council Member Martin and through the use of a chart, Mr. Tom
Utter, Group Manager, Development Services, displayed the residential area notified when
excavation for pipeline repairs occur.
Mayor Rhodes called for comments from the audience.
Mrs. Jeannine Foster, 1118 Vernon, expressed concern that the notification process
was not sufficient and would not always inform the neighborhood's telephone notification
system. Mayor Rhodes replied that the City could work with the parties in the
neighborhood telephone system. Mrs. Foster further stated that the excavations did not
occur frequently and proper notification should not be a problem.
Mayor Rhodes inquired about a procedure in which the neighborhood telephone
systems could be notified prior to excavation. City Manager Garza discussed maintaining
a telephone bank with the assistance of the neighborhood telephone notification parties.
Also, Mr. Garza discussed the community relations group meetings sponsored by the
refineries and stated that this suggestion could be placed on their upcoming agenda.
A brief discussion ensued about the notification process and Mayor Rhodes inquired
whether posting signs at the major entrances to the subdivisions would be beneficial. Also,
Council Member Martin suggested posting requirements at the excavation site similar to a
zoning case.
Mr. Utter stated that the suggestions concerning the general notices would be
addressed and returned to the Council.
Mr. Utter recognized Mr. J. W. Cooper, a local attorney involved in the pipeline
ordinance, present at the day's meeting.
Minutes
Regular Cot 1 Meeting
October 19, 1993
Page 6
Lastly, Mrs. Foster inquired about the information requested by the City from the
City of Port Arthur concerning the matter. Mayor Rhodes replied that the information had
not been received. Next, Mrs. Foster inquired whether a citizen with pipeline expertise
uninvolved with the refineries could be a member of the citizen advisory board. Mayor
Rhodes replied in the affirmative.
In response to Council Member Moss, Mr. Utter discussed the funding for the
administration of the ordinance.
City Secretary Chapa polled the Council for their votes as follows:
4b. ORDINANCE NO. 021776
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 second reading as amended by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye";
Noyola absent.
Mayor Rhodes announced the discussion on Items 5a, 5b, 5c, 5d, 5e, 5f, and 5g,
amendments to the Code of Ordinances with regards to building and construction and
related operations in the City.
Mayor Rhodes stated that the recommendations made by Mrs. Shirley Mims,
President of the Builders Association, at the last council meeting had been incorporated into
the ordinance. Mr. Utter further pointed out that Mr. Van Kirk's recommendation
concerning the slab foundation would be sent to the Building Code Board of Appeals for
their review, discussion, and possible action. Mr. Utter further discussed Mr. Van Kirk's
concerns regarding adoption of a higher standard for windows.
Mayor Rhodes called for comments from the audience concerning items other than
the issue regarding windows, and there were none.
Mayor Rhodes called for comments from the audience concerning the issue involving
the requirements for windows.
Mr. Jim Boggs, 1231 Agnes, agreed with Mr. Van Kirk's motion distributed to the
Council concerning residential aluminum windows. He further suggested utilization of the
language in the Southern Standard Buildings Code (SSBC).
Minutes
Regular Cor .1 Meeting
October 19, 1993
Page 7
In response to Mayor Rhodes, Mr. Utter discussed differences between single family
structures and commercial or high rise structures in relationship to the proposed window
requirements.
Council Member Galindo inquired about utilizing the Language of the SSBC as
suggested by Mr. Boggs. Mr. Utter explained the development of the language.
Council Member Martin referred to the extensive work and research performed by
the staff and the Boards and recommended approval. He further suggested that the issue
regarding the windows be revisited by the Building Code Board of Appeals.
Mr. James W. Van Kirk discussed his opposition to the continued use of the R-25
windows. He requested the adoption of his motion which eliminated the endorsement by
code of any particular window manufacturer or standard.
Council Member Galindo inquired about the effects of Mr. Van Kirk's motion.
Mr. Utter explained.
Mr. Utter responded to several questions posed by Council Member Moss concerning
the development and applicability of the window requirements.
Council Member Martin made a motion to amend Item 5e, prior to second reading,
an ordinance adopting the SBCCI Standard Building Code, 1991 Edition, as presented by
staff, seconded by Mayor Rhodes. Mayor Rhodes called for a voice vote and the motion
passed as follows:
5a. M93-301
Motion to amend prior to second reading an ordinance adopting the SBCCI Standard
Building Code, 1991 Edition.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
City Secretary Chapa polled the Council for their votes as follows:
5b. ORDINANCE NO. 021777
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.
Minutes
Regular Co, 1 Meeting
October 19, 1993
Page 8
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
5c. ORDINANCE NO. 021778
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
5d. ORDINANCE NO. 021779
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
5e. ORDINANCE NO. 021780
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 as amended on second reading by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye";
Noyola absent.
Minutes
Regular Cc Al Meeting
October 19, 1993
Page 9
5f. ORDINANCE NO. 021781
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 VH; 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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
5g. ORDINANCE NO. 021782
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
City Manager Garza announced Mr. Kelly Elizondo's resignation from the City.
Mr. Garza expressed appreciation to Mr. Elizondo for his work on the building code
amendments. Mayor Rhodes and the Council Members wished Mr. Elizondo well in his
new endeavor. Mr. Elizondo expressed appreciation to the City Council.
f t i R i t t t Y• t i i
Mayor Rhodes announced the public hearing on the following zoning application:
6. 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 both the Planning Conunission and staff recommended
denial of the "B-1" Neighborhood Business District, and in lieu thereof, a Special Permit for
a retail grocery store in accordance to an approved site plan.
Minutes
Regular 0. Al Meeting
October 19, 1993
Page 10
Mayor Rhodes inquired whether anyone was in opposition to the Special Permit. No
one was in opposition.
Council Member Galindo made a motion to close the public hearing, seconded by
Council Member Best, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 021783
Ordinance amending Zoning Ordinance upon application by Jose V. Rivera by
granting a Special Permit for a retail grocery store in accordance to an approved site
plan in reference to Gardendale No. 2, Block 7, Southwest 50 feet of Lot 36.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
Mayor Rhodes announced the public hearing on the following zoning application:
7. Case No. 993-5, McDonald's Corporation: A change of zoning from "B-1"
Neighborhood Business District to "B-4" General Business District on Lot B,
Brookdale Addition, located on the northwest corner of South Alameda Street and
Airline Road.
Mayor Rhodes stated that both the Planning Commission and staff reconunended
denial.
Mr. Utter pointed out that the twenty percent rule was in effect for the hearing since
42 percent of the surrounding area was in opposition.
Mayor Rhodes requested comment from the applicant. Mr. Bill Ferguson,
representative of McDonald's Corporation, stated that McDonald's Corporation was seeking
a zoning change in order to install an advertising sign which would be visible above the
trees. He stated that this sign was similar to the sign placed at the McDonald's located at
the Weber Road/South Staples Street location. He further pointed out that the intersection
was commercial and that B-4 zoning was already present. He stated that the owner of
McDonald's was concerned that a competitor might purchase the B-4 zoned property across
the intersection which would not be fair to McDonald's.
Mr. Brandol Harvey, Director of Planning, explained the current B-4 zoning and the
inappropriateness since the property was near a church and residential neighborhood.
Mr. Harvey also stated that taverns and bars would be allowed in the requested B-4 zoning
since the front doors of the church were located less than 300 feet away from the site.
Minutes
Regular Co ;i1 Meeting
October 19, 1993
Page 11
A broad discussion ensued and it was the consensus of the Council that the signs
allowed in the present zoning would be sufficient.
In response to Council Member Martin, Mr. Utter discussed the upcoming zoning
application concerning Cullen Mall located in the same area. Mr. Utter also stated that
McDonald's would be able to reapply for a zoning change pending the outcome of the
results of the Cullen Mall application.
Mayor Rhodes called for comments from the audience.
Mr. Leon Perez, 904 Buford, stated support of the zoning change.
Mr. Roger Bateman, 401 Cape Cod, stated opposition to the zoning change because
the area was primarily residential and did not presently contain large signs high in the air.
Mr. Jack Ponton, member of the South Shore Christian Church located in the area,
stated opposition because a 100 foot sign would overpower the church steeple.
Mr. Jerry Wagoner, 1018 Harbor Lights, member of the South Shore Christian
Church located in the area, welcomed the McDonald's restaurant, but expressed concern
about a large sign in the area.
Mr. Allen Lowe, minister of South Shore Christian Church, opposed the rezoning
because of the present request for the large sign and because of specific uses allowed in B-1
zoning.
Mrs. Freddie Bateman, member of the South Shores Christian Church, stated
opposition to the zoning change.
Ms. Sue Cameron Cook, 518 Dickens, stated opposition to the zoning change because
the area was residential.
The public hearing was closed.
City Secretary Chapa polled the Council for their votes as follows:
FAILED
An emergency was declared and the foregoing ordinance failed by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "No."
Noyola absent.
Minutes
Regular Co it Meeting
October 19, 1993
Page 12
:::::::::::::
Mayor Rhodes called for a five minute recess.
Mayor Rhodes reconvened the council meeting.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 8 through 15, and Council Members
requested that Items 8 and 11 be withheld for discussion. Mayor Rhodes stated that she
would abstain from discussion or voting on Item 11.
Pursuant to Items 9 and 10, Council Member Galindo inquired about the bid
rejections. City Manager Garza explained that other options had surfaced which deemed
reconsideration of the bids.
City Secretary Chapa polled the Council for their votes and the following were
passed:
9. M93-303
Motion rejecting bids received under Bid Invitation No. BI -0002-94 for ceramic road
markers based on revision of specifications.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
10. M93-304
Motion approving the rejection of bids received for laboratory tests of wastewater
samples, (Marine Biomonitoring), for Bid Invitation No. BI -0268-93, based on
revisions in specifications.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
12. ORDINANCE NO. 021785
Ordinance closing and abandoning a 1.6 -foot wide by 89.34 -foot long (143 square
feet) strip out of a 10 -foot wide utility easement within Lot 11, Block 1, Reflections
Subdivision, Unit 1B, subject to the compliance with specified conditions, and the
owner replatting the property within 180 days at his expense.
Minutes
Regular Co it Meeting
October 19, 1993
Page 13
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
13. ORDINANCE NO. 021786
Ordinance authorizing the City Manager to execute a Release of Deed Restriction
to Texas A&M University - Corpus Christi.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting
"Aye"; Noyola absent.
14. ORDINANCE NO. 021787
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
15. ORDINANCE NO. 021788
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
Mayor Rhodes opened the discussion on Item 8, a motion approving a supply
agreement for emulsion oil.
Council Member McNichols referred to the cost increase and inquired whether the
cost of oil had been researched. City Manager Garza stated that staff had contacted other
cities to inquire about the market price, but had not specifically investigated the reasons for
the increase. Dr. McNichols requested that staff examine this aspect as well.
Mayor Rhodes called for comments from the audience, and there were none.
Minutes
Regular Cc. it Meeting
October 19, 1993
Page 14
City Secretary Chapa polled the Council for their votes as follows:
8. M93-302
Motion approving a supply agreement for approximately 43,000 gallons of MS -1
emulsion oil, in accordance with Bid Invitation No. BI -0013-94, with Texas Fuel &
Asphalt, Corpus Christi, Texas based on the low bid of $25,778.50. The term of the
contract will be 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. The emulsion oil is used by the Street Department for maintenance of City
streets. Funds have been budgeted by the Street Department for FY 93-94.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Council Member Martin opened the discussion on Item 11, since Mayor Rhodes
abstained from discussing or voting on the item and Mayor Pro Tem Noyola was not
present.
Council Member Longoria stated that it was her understanding that Mr. Smith would
provide funds for the traffic light. A brief discussion ensued and Council Member Martin
stated that Mr. Smith and Mr. Bevly were paying 100 percent of the required costs in
accordance with the City's standards and that the funds provided by the City were to
upgrade beyond the City's minimum wood pole signal support standards.
In response to Council Member McNichols, Mr. Carl Crull, Director of Engineering
Services, explained the location of the site. Dr. McNichols expressed concern about the left
turn onto Staples Street from Shopping Way. Mr. Crull stated that staff was concerned that
the traffic pattern would cause heavier traffic on the residential streets. Dr. McNichols
further expressed concern that Shopping Way intersected Staples Street directly into a home
located on Burkshire. He suggested that traffic barriers be installed at this location.
none.
Council Member Martin called for comments from the audience, and there were
City Secretary Chapa polled the Council for their votes as follows:
11. M93-305
Motion authorizing the execution of a Participation Agreement with Mr. Roy Smith
and Mr. W.M. Bevly in an amount not to exceed $55,745.53 for additional pavement
strength on Shopping Way and traffic signalization with metal supports at S. Staples
and Shopping Way.
Minutes
Regular Co. .. Meeting
October 19, 1993
Page 15
The foregoing motion passed by the following vote: Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes abstaining; Noyola
absent.
Mayor Rhodes stated that Item 16, closed session pursuant to Texas Government
Code Section 551.071 regarding Charles F. Stevens, et al v. City of Corpus Christi, et al, No.
91-6219-C, 94th District Court, Nueces County, Texas, was withdrawn from consideration
at the day's meeting.
Mayor Rhodes called for the City Manager's report. City Manager Garza announced
the showing of the Public Services Announcements (PSA) videos concerning the new utility
statements, improper disposal of grass clippings, and littering in the City. Council Member
Martin suggested that the commercial landscapers in the City be notified as well concerning
improper disposal of grass clippings which ultimately end up in the storm sewers.
Mayor Rhodes inquired about the cost to provide a handicap ramp on the center
median providing better access to City Hall. City Manager Garza stated that this suggestion
was currently under contract.
Mayor Rhodes called for Council concerns and reports.
Council Member Martin requested the City Manager to explain the City's policy on
winter averaging for new customers. Mr. Garza explained the policy. Council Member
Martin referred to the winter average usage of 7000 gallons and requested staff to
reexamine the average. Next, Mr. Martin stated support of the Mayor's recent suggestion
to TCI Cablevision, Inc. that TCI establish a special fund for a charity or city project instead
of giving cash payments to the three local affiliates or cutting rates, and expressed discontent
with the response. He further referred to the potential merger between TCI Cablevision,
Inc. and Bell Atlantic which requires congressional approval and stated that interested
parties could write to Congress and the Federal Communications Commission about the
unprofessional actions of TCI and the local affiliates.
Council Member Moss referred to the examination of the simplification of the City's
utility meter readings and billings and inquired about the results. Mr. Garza stated that he
would provide a report to the City Council.
Council Member Cooper commended the Lakes Subdivision Neighborhood
Association for inviting her to their recent meeting and stated that she would be happy to
attend other neighborhood association meetings.
Council Member McNichols referred to the public forum about water issues and the
one-fourth of one percent sales and use tax sponsored by the League of Women Voters and
Minutes
Regular 0 . it Meeting
October 19, 1993
Page 16
the Leadership Corpus Christi Alumni. He encouraged the people that were unable to view
the forum the previous night to view the rebroadcastings. Mayor Rhodes outlined the times
for the rebroadcastings.
Council Member Best inquired about the progress of the Industrial District contracts
and the marketing program for the City's natural gas. Mr. Garza stated that the contracts
would be presented to the Council soon and that he would provide a report to the Council
concerning the marketing program.
Mayor Rhodes called for petitions from the audience.
Mr. Ron Hudson, 3556 Austin, discussed the McDonald's zoning case, water costs to
residences, discrimination complaints filed with the Human Relations Commission, TCI
Cablevision, Inc. franchise agreement provisions, and religious issues involving the City.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 5:13 p.m. on October 19, 1993.
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