Loading...
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. • s s s s s s s s s s s a