HomeMy WebLinkAboutMinutes City Council - 12/14/1993I 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 December 14, 1993, which
were approved by the City Council on December 21, 1993.
WITNESSETH MY HAND AND SEAL, this the January 7, 1994.
City Secretary
SEAL
'4iCRcrfL Mt i,
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 14, 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 Rabbi Paul Joseph, Temple Beth El Synagogue,
following which the Pledge of Allegiance to the Flag of the United States was led by Allen
Parish. Master Parish is the Student Council President of Luther Jones Elementary School
and was present at the day's meeting for the Awards ceremony for the Mayor's Advisory
Committee on Recycling and Solid Waste.
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 November 30, 1993, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes announced the discussion of Item 1, the presentation of an award by
the Texas Municipal League - Parks and Recreation Branch to the City of Corpus Christi.
Mr. Tony Cisneros, Parks and Recreation Director of the City of Bryan, Texas and
past President of Texas Municipal League (TML) Parks and Recreation Branch, and Mr.
George Logan, current President of the TML Parks and Recreation Branch, presented the
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Regular Cot 1 Meeting
December 14, 1993
Page 2
Camp Club Estates Summer Recreation Program award to the City of Corpus Christi.
Mr. Malcolm Matthews, Director of Parks and Recreation, accepted the award and
recognized the participants in the program. Mr. Cisneros also pointed out that the endeavor
was a joint effort between the City of Corpus Christi and the Corpus Christi Independent
School District and expressed appreciation for such efforts.
i 4 t i i i i i i i f i i
Mayor Rhodes referred to the Board & Committee appointments and the following
appointments/reappointments were made by the Council.
Library Board
Mark C. Jaggard
Deirdre Norton, Advisory
Mayor Rhodes announced that the appointments for the Nueces County Sports
Facility District would be postponed until more applicants were available.
Oil & Gas Advisory Committee
Linda Newsom
Senior Community Services Advisory Committee
Eli Abrams
Gloria E. Garza
Elsa Ciminelli
Kelly Gonzalez
Marjorie Hays
Diana Colin
Senior Companion Program Committee
Diana Bell
Gail Hanson
Janet Neely
Maria Gutierrez
Cindy Hawkins
Teresa Cisneros
Linda Baffles
Workforce Development Corporation
Epolito Leal, Jr.
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Regular Cot it Meeting
December 14, 1993
Page 3
Mayor Rhodes called for consideration of items from the Regular Agenda and
announced the discussion on Items 2a, 2b, and 2c, ordinance and resolutions pertaining to
utility rate increases and future water supplies.
City Manager Garza referred to and discussed his memoranda presented to the
Council on the current water and utility issues addressing Council concerns from a previous
council meeting.
In response to Council Member Martin's inquiries about the Wesley Seale Dam
project, City Manager Garza explained the project's cost and maintenance reserve fund. In
further response, Mr. Garza explained the City's Gas Division fund in comparison to the
combined utility fund.
Council Member Galindo inquired about the schedule of the annual calculated basic
cost of water, and City Manager Garza explained the schedule.
Council Member Noyola referred to the other potential funding options (Regional
Transportation Authority [RTA] and reduction in outside agency funding), and stated that
in light of the other potential options, he could not support the utility rate increases. He
further stressed the importance of the citizens deciding whether to exercise the water
contracts, and made a motion to place the item before the voters. The motion died for the
lack of a second.
Council Member McNichols referred to the infrastructure needs in the City and
stressed the importance of the utility rate increases to provide funding.
In response to Council Members, City Manager Garza discussed the costs of the
infrastructure needs in the City and the history of the combined utility fund.
Further deliberation ensued and Mayor Rhodes called for comments from the
audience.
Mr. J. E. O'Brien, 4130 Pompano, referred to the utility services provided to City
facilities in the past, and stated opposition to the utility rate increases. He also discussed
past general fund projections in comparison to actual balances and referred to a previous
study recommending discontinuation of the seasonal rates by the Gas Division. He further
stated that it was his understanding that an ordinance was appropriate to authorize the City
Manager to execute the water contract instead of the proposed resolution. He also stated
opposition to exercising the water contract.
In response to Mr. O'Brien's concerns about the authorization document for the
water contract, City Attorney Bray replied that the City Charter authorized adoption of a
contract by resolution.
In response to Mr. O'Brien's concerns about the seasonal gas rate structure, City
Manager Garza stated that the City continued the program as an incentive for utilization
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Regular Cot :1 Meeting
December 14, 1993
Page 4
of gas in the summer months. Council Member Martin inquired about the success, and
Mr. Garza stated that he would provide a report to the Council.
Mr. Phil Rosenstein, 949 Bobalo, stated that he opposed the sale of the City's natural
gas distribution system because he understood the gas division was generating a profit. He
further discussed the utility rate increase schedule which contained two rate increases in
1994 and a total of 35 percent during the next five years.
City Manager Garza discussed the gas division's budget which also had a deficit
during the proposed sale of the system to Southern Union Gas.
Council Member Martin pointed out that the General Fund benefited from the Gas
Division, but did not make a profit. Mayor Rhodes also pointed out that the Gas
Department was an asset to the City which statement could have lead to a misinterpretation
concerning the financial status of the department.
Council Member McNichols pointed out that the proposed January 1994 rate increase
represented the increase for 1993. Mayor Rhodes also stated that the rate increases would
not apply to the first five months of 1993.
Council Member Best referred to his previous suggestion for a Gas Division
marketing program and inquired about matching the cost of gas to the expenses incurred
in the department. City Manager Garza explained the Charter provisions preventing such
endeavor.
A discussion ensued concerning the effects of the utility rate increases on the average
customer.
Mr. Raymond Wimberly, 806 Alden, referred to Mr. Rosenstein's comments about
the gas division budget and his personal investigation in the matter. He expressed concern
about the current deficit and suggested postponing the utility rate increases until more
information was provided to the public.
Mr. Leon Perez, 904 Buford, questioned the reliability of Lake Texana's water supply
and commented favorably on assistance from local industry in obtaining a future water
supply.
City Secretary Chapa polled the Council for their votes as follows:
2a. ORDINANCE NO. 021814
Amending Section 55-50, 55-61, 55-100, and 55-148 of the Code of Ordinances,
regarding water, gas, and wastewater rates.
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Regular Cot 'I Meeting
December 14, 1993
Page 5
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and
Noyola voting "No."
2b. RESOLUTION NO. 021815
Resolution expressing the intent of the City Council to establish a Drainage Utility
and pursue other potential funding mechanisms to pay costs associated with the water
delivery and conveyance contract with the Lavaca-Navidad River Authority.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No."
2c. RESOLUTION NO. 021816
Resolution authorizing the City Manager to exercise the City of Corpus Christi's
option to enter into a water delivery and conveyance contract with the Lavaca-
Navidad River Authority by executing a contract to purchase 31,440 acre feet of
water on a permanent basis and 10,400 acre feet until needed in Jackson County, at
a cost of service rate based on a formula, for a term of 42 years with an option to
renew for an additional 50 years, with related terms and provisions.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No."
Mayor Rhodes stressed the importance of the contract to the City of Corpus Christi
and announced the signing ceremony of the Lavaca-Navidad River Authority Contract.
Mayor Rhodes and City Secretary Chapa signed the resolution authorizing the City Manager
to exercise the City of Corpus Christi's option to enter into a water delivery and conveyance
contract with Lavaca-Navidad River Authority (LNRA) listed on the day's agenda as Item
2c. City Manager Garza and City Secretary Chapa proceeded to execute the contract along
with the LNRA representatives. Mayor Rhodes also recognized the LNRA Board Members
present at the day's meeting.
Mayor Rhodes and the Council expressed appreciation to Council Member
McNichols for his contributions to the water issues.
Mr. James Dodson, Regional Water Director, and Mr. Bernard Paulson, recognized
the other individuals involved in the water matters.
Mayor Rhodes called for a five minutes recess.
Mayor Rhodes reconvened the Regular Council Meeting and opened the discussion
on Items 3, 4a, 4b, and 4c, motions concerning the Community Development Block Grant
(CDBG) Program.
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Regular Cot '1 Meeting
December 14, 1993
Page 6
Mr. Tom Utter, Group Manager, Development Services, discussed the CDBG
program timetable and guidelines.
In response to Council Member McNichols, Mr. Utter discussed past and present
CDBG allocations. He further referred to the allocation chart provided in the agenda
material and pointed out the low number of allocations for public infrastructure.
Dr. McNichols suggested that public infrastructure needs be a priority item in the upcoming
program.
Council Member Noyola expressed concern about the two year eligibility stipulation
for the CDBG allocations in Item 4c on the day's agenda. Mr. Utter explained the
application. A brief discussion ensued and it was the consensus of the Council that the two
year eligibility stipulation be retroactive.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
3. M93-330
Motion adopting the timetable for the FY 94 Community Development Block Grant
(CDBG) Program.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
4a. M93-331
Motion to reaffirm the Community Development Block Grant objectives and
guidelines as previously adopted by the City Council on March 21, 1984.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
4b. M93-332
Motion maintaining housing as the top priority for the FY 94 CDBG Program and
placing greater emphasis on public infrastructure (City) in CDBG eligible areas.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
4c. M93-333
Motion that no individually funded CDBG project will be eligible for future CDBG
funding for a minimum of two years from the date of its last funding. (This excludes
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Regular Cot :1 Meeting
December 14, 1993
Page 7
projects which are specifically staged for several years for CDBG funding such as a
street project which has its engineering funded one year and its construction the
next.)
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 Items 5a and 5b regarding the issuance and
sale of the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of
Obligations, Series 1993, for the Lawrence Street T -Head improvements.
Mr. Utter explained the terms of the Certificates of Obligation with NationsBank.
Council Member Moss inquired about the proposed funding and completion date.
Mr. Utter explained the origin of the funds and the date. Mr. Moss also expressed concern
about the floating pier's vulnerability to wave action and stated that he hoped the
improvements would encourage occupancy.
In response to Council Member Galindo, Mr. Utter explained the project's budget.
Council Member McNichols commended Mr. Utter for the creation of the funding
mechanism.
In response to Council Member Martin, Mr. Utter discussed the procurance of
NationsBank. Council Member Martin also pointed out a discrepancy in the legal
documents pertaining to the C.O.s, and Mr. Utter stated that the discrepancy had been
discovered and corrected.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
5a. ORDINANCE NO. 021817
Ordinance providing for the issuance of $1,200,000 City of Corpus Christi, Texas,
Combination Tax and Revenue Certificates of Obligation, Series 1993; and ordaining
other matters relating to the subject.
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."
5b. ORDINANCE NO. 021818
Ordinance appropriating $1,200,000 Marina Certificates of Obligation for
reconstructing piers on the Lawrence Street T -Head.
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Regular Cot, 1 Meeting
December 14, 1993
Page 8
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."
Council Member Martin requested that the effects of the Certificates of Obligation
and project costs be reflected in the Marina fund budget.
Mayor Rhodes opened the discussion on Item 6, amending Chapter 18, Article 1, of
the Fire Prevention Code of the City Code of Ordinances. City Manager Garza stated that
the item was withdrawn from consideration at the day's meeting.
6. WITHDRAWN
Amending Chapter 18, Fire Prevention Code, Article I, in general, of the City Code
of Ordinances by adoption of The Standard Fire Prevention Code, 1991 Edition;
providing for additions, deletions, and changes to said code; repealing all previous
provisions of Article I; repealing all provisions of Article IV, Fire Reserve Force;
providing a savings clause; providing for penalties; providing for publication;
providing for an effective date of January 1, 1994.
Mayor Rhodes opened the discussion on Items 7a, 7b, and 7c, amending the Code
of Ordinances, Chapter 53, Section 53-60 and Section 57-254; Chapter 13, Section 13-48; and
Chapter 57, Section 57-220 through Section 57-255, regarding vehicles for hire, auto
wreckers.
Police Chief Henry Garrett gave a brief history of the amendment. He further
outlined the fee changes and stated that other changes included general changes to the
Code.
In response to Council Member Galindo, Mr. Garrett replied that the wrecker
companies were in agreement.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
7a. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 53, Traffic, Section 53-60. Redemption
of vehicles, fees for impounding and storage; moving fee schedule for impounding
and storage of impounded vehicles to Section 57-254; providing for severance; and
providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Minutes
Regular Cot_ .1 Meeting
December 14, 1993
Page 9
7b. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 13, Buildings; construction and related
operations; housing and housing premises standards, Section 13-48. Fees for
impounding, storage, etc., to increase towing fees; providing for severance; and
providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
7c. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 57, vehicles for hire, Article V, auto
wreckers, Section 57-220 thorough 57-255, increasing fees, defining terms, amending
application form, adding a renewal application, requiring Texas tow truck plate,
adding requirements for use of closest wrecker, adding permit holder requirements;
providing for severance; and providing for publication.
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 opened the discussion on Items 8a and 8b, ordinances concerning
utilities for the Aviation, Golf, and Marina Funds.
City Manager Garza discussed the effects on the individual budgets and stated that
the budgets contained sufficient unappropriated fund balances to cover the costs of their
utilities for the remaining seven months of this year.
Council Member Moss expressed concern that the Marina fund could not afford the
utility expense due to the low occupancy rate.
Council Member Martin requested a report and a workshop addressing a phased -in
approach for the separation of the self-supporting departments from the General Fund
budget.
Council Member Moss suggested a utility consumption fund in order for the Airport,
Golf, and Marina to be aware of their usage.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Cot :1 Meeting
December 14, 1993
Page 10
8a. FIRST READING ORDINANCE
Amending the Code of Ordinances, Sections 55-50.1, 55-61.1, 55-100.1, to provide for
assessing rates and charges for City utilities to the Aviation, Golf, and Marina funds;
and providing for an effective date of January 1, 1994.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols voting "No";
Noyola absent.
8b. FIRST READING ORDINANCE
Amending Ordinance No. 021707 which adopted the FY 1993-94 operating budget
by appropriating funding from the unappropriated fund balances of the Aviation,
Golf, and Marina Funds to be expended for payment of City utility charges.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, Moss voting "Aye"; McNichols voting "No";
Noyola absent.
Mayor Rhodes opened the discussion on Item 9 concerning adoption of a resolution
initiating a review of Central Power & Light Company's (CP&L) rates pursuant to Section
42 of the Public Utility Regulatory Act.
City Attorney Bray explained the staff's recommendation concerning a review of the
reasonableness of CPL's existing cost of service rates and the intervention in the fuel rate
case filed by CPL.
In response to Council Member Moss, Mr. Bray gave a status report on the petition
for the reduction of electric rates based on the mismanagement of the South Texas Nuclear
Project by Houston Power & Light.
Mayor Rhodes called for comments from the audience.
Mr. Larry Brewer, attorney for Central Power & Light Company, referred to CPL's
response to the petition filed by Raymond Hasker provided in the agenda material and
stated that a response concerning the proceeding involving Section 42 of the Public Utility
Regulatory Act had not yet been provided. On behalf of CPI, Mr. Brewer requested that
action on the resolution on the day's agenda be delayed until after the December 15th
meeting between the City's Steering Committee and CPL or reconsideration of the
resolution after the meeting. He discussed the short time period allowed for a response
from CPL and further elaborated on the request.
Mayor Rhodes inquired whether the item could be postponed. Mr. Bray stated that,
in order to protect the ratepayers, staff was recommending that the item not be postponed.
He also stated that the resolution provided for an extension request.
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Regular Cot 1 Meeting
December 14, 1993
Page 11
Council Member Martin discussed postponement of the item and made a motion to
withdraw the item from consideration, seconded by Council Member Moss. Mayor Rhodes
called for a hand vote on the motion and the motion passed.
9. WITHDRAWN
Resolution directing Central Power & Light Company to file certain information with
the City of Corpus Christi; setting a procedural schedule for the gathering and review
of necessary information in connection therewith; setting dates for the filing of the
City's analysis of the Company's filing and the Company's rebuttal to such analysis;
setting a public hearing for the purposes of determining if the existing rates of
Central Power & Light Company are unreasonable or in any way in violation of any
provision of law and the determination by the City of Corpus Christi of just and
reasonable rates to be charged by Central Power & Light Company; providing for
cooperation with other cities exercising original rate jurisdiction; and consolidating
a related complaint.
Council Member McNichols inquired whether the item warranted a future closed
session. Mr. Bray replied that it did not. Dr. McNichols also inquired about the
implications of the postponement. Mr. Bray responded that the postponement would affect
the date in which a reduction could be ordered, if justified.
Council Member Galindo posed several questions concerning the recommendation.
Mr. Bray responded.
Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus
Christi Housing Finance Corporation.
Mayor Rhodes reconvened the Regular Council Meeting
Mayor Rhodes opened the discussion on the following zoning application:
11. Case No. 1093-4. Warsu. Inc.: A change of zoning from "B-1" Neighborhood
Business District with a Special Permit and "R -1B" One -family Dwelling District to
"B-4" General Business District on Cullen Place, Blocks A and B; and Cullen Place
Unit 5, Block C, portion of Lots 7 and 8, located along the east side of Airline,
between Belmeade Drive and South Alameda Street.
Mayor Rhodes stated that the Planning Commission and Staff recommended denial
of the "B-4" District, and in lieu thereof, approval of a Special Permit for additional retail
uses subject to conditions. Mayor Rhodes reviewed the uses authorized by the Special
Permit with the specific exclusion of sexually -oriented businesses.
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Regular Cot 1 Meeting
December 14, 1993
Page 12
Mayor Rhodes inquired whether the applicant agreed with the Special Permit.
Mr. Utter replied in the affirmative.
Mayor Rhodes called for comments from the audience in opposition.
Mr. Jerry Wagoner, Chairman of the Board of the South Shore Christian Church,
stated that he did not oppose the requested business uses, but did oppose the zoning change
because it would open the door to other things.
Ms. Virginia Jevric, 325 Cape Cod, stated opposition to the zoning change and
inquired about the procedure for notification to the surrounding area in the event another
change was requested. Mr. Utter explained the notification process. Ms. Jevric also
inquired whether the mall could be remodeled without the zoning change. Mr. Brandol
Harvey, Director of Planning, explained that the change was required to relocate the existing
signage, otherwise, the retail uses within the B-1 zoning would be applicable.
In response to Council Member McNichols, Mr. Harvey explained the on -premise
signage in the Special Permit. In further response to Council Member Martin, Ms. Alison
Gallaway, Assistant City Attorney, stated that a sexually -oriented business could be
regulated through state law.
Ms. Katherine Albert, 501 Dickens, expressed concern about the allowance of
accessory buildings. Mr. Harvey explained that the buildings would also be required to
comply with the terms of the special permit. Ms. Albert also expressed concern that the
businesses would be allowed to operate on a 24 hour basis. Mr. Harvey replied in the
affirmative.
In response to Council Member Martin's inquiry about the allowance of 100 feet
antennas, Mr. Utter stated that staff was presently examining the item.
Mr. Ben McDonald, attorney representing the South Shore Christian Church, stated
opposition to the special permit. He stated that special permit regulations were to be used
to create a transition between a lesser and a more restricted district. He further stated that
he did not feel the area was in transition from B-1 to B-4.
Mr. Roger Bateman, 401 Cape Cod, stated opposition to the Special Permit because
of the increased signage.
Council Member Martin inquired whether the twenty -percent rule applied. Mr. Utter
replied in the affirmative.
Mr. Raymond Wimberly, 806 Alden, expressed concern that the special permit would
open the door to a club selling alcoholic beverages in the future.
Mr. Bob Wallace, Jr., applicant, discussed the remodeling plans and stated that the
ownership of the mall had not changed.
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Regular Cot 1 Meeting
December 14, 1993
Page 13
Ms. Abby Saenz, 5127 Cape Ann, supported the businesses allowed in the Special
Permit.
Mr. Victor Veit, 509 Dickens, expressed concern about the sale of alcoholic
beverages in a restaurant in the mall. Mr. Harvey explained the regulations concerning the
limited sale of alcoholic beverages in restaurants.
Council Member Moss made a motion to close the public hearing, seconded by
Council Member Galindo, and passed unanimously.
Mayor Rhodes pointed out that any future use other than the special permit uses
would be subject to approval by the Council.
Further deliberation ensued concerning the zoning change.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 021819
Ordinance amending the Zoning Ordinance upon application by Warsu, Inc., by
changing the Zoning Map in reference to Cullen Place Unit 5, Block C, portion of
Lots 7 and 8, from "R -1B" One -family Dwelling District to "B-1" Neighborhood
Business District; by granting a Special Permit for additional retail uses on Cullen
Place, Blocks A and B; and Cullen Place Unit 5, Block C, portions of Lots 7 and 8.
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 called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 12 through 24, and Council Members
requested that Items 12, 17, and 19 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
13. M93-335
Motion approving a supply agreement for approximately 960 tons of crushed
limestone in accordance with Bid Invitation No. BI -0044-94 with South Texas
Material Company, Corpus Christi, Texas, based on low bid for an estimated annual
expenditure of $20,880. The term of the contract shall be 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. This material will be used by the
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Regular Cou. .i Meeting
December 14, 1993
Page 14
Wastewater Department for the bedding of sewer lines. Funds have been 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.
14. M93-336
Motion approving a supply agreement for approximately 1,110,000 new utility
statement forms, mail -out envelopes, and return envelopes, in accordance with Bid
Invitation No. BI -0053-94 with the following companies for the following amounts
based on low bid, for an estimated annual expenditure of $31,823.70. 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 or the City Manager
or his designee. These items will be used by Utilities for monthly billings. Funds are
budgeted in FY 93-94 by Utilities.
Gulf Business Forms WestVaco
Corpus Christi. Texas Austin. Texas
$10,755.90 - Utility Statement Forms $21,067.80 - Envelopes
GRAND TOTAL - $31,823.70
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
15a. M93-337
Motion authorizing the City Manager to execute a contract with the Texas
Department of Health in the amount of $37,378.00 for tuberculosis control services
during the period of September 1, 1993 to August 31, 1994, and adding one full-time
equivalent position to the Health Department to replace a State funded position
which is being discontinued.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
15b. ORDINANCE NO. 021820
Ordinance appropriating a grant in the amount of $37,378.00 from the Texas
Department of Health for Tuberculosis Control services during the period September
1, 1993 to August 31, 1994; amending Ordinance No. 021707 which adopted the FY
1993-1994 budget by adding $37,378.00 to the No. 162 federal/state grants fund -
health department; adding one full-time equivalent to the Health Department.
Minutes
Regular Coi. .1 Meeting
December 14, 1993
Page 15
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.
16. M93-338
Motion amending an agreement with Texas A&M University -Corpus Christi Center
for Statistical and Quality Improvement Services for Phase Two of the Independent
Scientific Evaluation of the interim Water Release Order for the Nueces Bay
Estuary.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
18a. M93-340
Motion authorizing the City Manager or his designee to execute an agreement with
Memorial Medical Center to provide $455,000 from the FY 93 CDBG Program for
the construction of a neighborhood -oriented primary care center.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
18b. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a short-term lease
agreement with Memorial Medical Center for the property located at Martin Luther
King Drive and Sam Rankin Street.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
18c. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a ten-year lease agreement
with Memorial Medical Center for real property and subsequent improvements on
property located at Martin Luther King Drive and Sam Rankin Street.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
Minutes
Regular Co; 1 Meeting
December 14, 1993
Page 16
20. ORDINANCE NO. 021821
Amending the Code of Ordinances, Chapter 12, Boats, Bays, and Waterways, by
adding a new Section 12-32, No Wake Zones; providing for publication; and
providing for severance.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
21. ORDINANCE NO. 021822
Authorizing the City Manager or his designee to execute a one-year lease agreement
with the option to renew lease annually for up to fifty years upon notice to the City
Manager, thirty days prior to expiration, with the United States of America (National
Weather Service), for 5.663 acres of land at the Corpus Christi International Airport
on which to construct and maintain a National Weather Service Next Generation
Radar (NEXRAD) Facility. The City of Corpus Christi will receive a forecast facility
that will increase the ability of the National Weather Service to provide timely and
critical severe weather reports and services to airlines and residents of the Coastal
Bend.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
22. ORDINANCE NO. 021823
Authorizing the City Manager or his designee to execute a five-year grazing lease
agreement with a five year renewal option, with Mr. Welton Gorbet for a 230 acre
tract of land on Lake Corpus Christi, for an annual rental fee of $5,066.90.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
23. ORDINANCE NO. 021824
Amending Code of Ordinances, Chapter 53, Traffic, Section 53-257, Schedule VIII,
Parking Meter Zones, established by establishing two new zones; providing for
severance; providing for publication; and providing for penalties assessed for
violations.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
Minutes
Regular Cot 1 Meeting
December 14, 1993
Page 17
24. ORDINANCE NO. 021825
Amending Code of Ordinances, Chapter 53, Traffic, Section 53-27, Parking
Attendants, Office and Positions established; qualifications; supervision to allow non -
city employees to issue parking citations; providing for severance; providing for
publication.
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 12, a motion approving the purchase
of landfill equipment, including a five year full maintenance agreement.
In response to Council Member McNichols, City Manager Garza stated that the
purchase followed the City's equipment replacement schedule.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
12. M93-334
Motion approving the purchase of landfill equipment, including a five year full
maintenance agreement, in accordance with Bid Invitation No. BI -0018-94 from the
following based on low bid. Both items are included in the 93-94 Capital Outlay and
funds are budgeted for the first year's payments. Financing for the purchase price
will be furnished by GE Capital in accordance with the lease/purchase line of credit
contract.
Waukesha -Pearce Industries
Corpus Christi, Texas
Crawler Tractor
Purchase Price
Maintenance
Total
$249,500.00
199.999.80
$449,499.80
Conley -Lott Nichols Machinery
Corpus Christi, Texas
Compactor
Purchase Price $328,347.00
Maintenance 58.105.80
Total $386,452.80
GRAND TOTAL OF AWARD: $835,952.60
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 17, a motion ratifying the action of the
City Manager approving Change Order No. 3 to the contract for additional temporary
paving and traffic control in conjunction with the reconstruction of Everhart Road from
Holly Road to Saratoga Boulevard.
Minutes
Regular Cot .1 Meeting
December 14, 1993
Page 18
Council Member Cooper inquired whether the signage would address the present
hazard of a right hand turn onto Everhart from Holly and the quick narrowing of Everhart
Road. City Manager Garza stated these would be examined.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
17. M93-339
Motion ratifying the action of the City Manager approving Change Order No. 3 in
the amount of $37,500 to the contract with Haas -Anderson Construction, Inc., for
additional temporary paving and traffic control in conjunction with the reconstruction
of Everhart Road from Holly Road to Saratoga Boulevard.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola absent.
Mayor Rhodes opened the discussion on Item 19, adoption of the Texas Municipal
Retirement System (TMRS) actuarially determined contribution rate for the City of Corpus
Christi of 10.03% for 1994.
In response to Council Member Martin, City Manager Garza discussed the
contribution rate resulting from adoption of the ordinance. He further stated that the
ordinance followed the Council policy with respect to the City's retirement fund. In
response to Council Member Galindo, Mr. Garza also discussed the policy.
In response to Council Member Moss, Ms. Cynthia Garcia, Personnel Director,
discussed the pension benefits for retirees.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
19. FIRST READING ORDINANCE
Adopting the Texas Municipal Retirement System (TMRS) actuarially determined
contribution rate for the City of Corpus Christi of 10.03% for 1994 which will reduce
the City's 1994 TMRS Contribution Rate by authorizing updated service credits for
qualifying City employees and adjusting annuities for retirees and beneficiaries of
deceased retirees equal to 40% of the percentage change in the Consumer Price
Index (CPI).
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Galindo, Longoria, Martin, and McNichols voting "Aye"; Moss voting "No"; Cooper
and Noyola absent.
Minutes
Regular Cot 1 Meeting
December 14, 1993
Page 19
! i i i i i i i i i i i Y
Mayor Rhodes called for the City Manager's report. City Manager Garza inquired
when the discussion on the Regional Transportation Authority (RTA) should be scheduled.
Mayor Rhodes replied in January of 1994.
Mayor Rhodes referred to a Commission on Children - Youth and Families
recommended through the Texas City Action Plan Crime Prevention Program and discussed
the development council for the commission to provide information to the Council. She
further requested that Ms. Grace Rank chair the development council.
Mayor Rhodes called for Council concerns and reports.
Council Member Galindo referred to the two previous street name change requests
(Father Fernandez and Hustlin Hornet) and made a motion that the items be returned to
the Council for reconsideration. Mayor Rhodes stated that the Hustlin Hornet street name
change request was different from the Father Fernandez request and supported returning
the former to the Council.
Council Member Galindo's motion to reconsider both cases failed for the lack of a
second. Mayor Rhodes stated that a majority of the council members were absent when the
Hustlin Hornet item was addressed and made a motion for reconsideration of the Hustlin
Hornet street name change. The motion was seconded by Council Member McNichols.
Mayor Rhodes called for a voice vote on the motion and the motion passed.
Council Member McNichols stated support of the City policy eliminating street name
changes, but also supported the Hustlin Hornet street name change since other streets were
renamed after school mascots.
Council Member Moss discussed services provided by the Emergency Management
Service (EMS) and inquired whether the EMS billing was monitored by the City. City
Manager Garza replied that the billing process was currently under review. Mr. Moss
inquired about the current council meeting schedule and Mr. Garza explained the schedule.
Mr. Moss also referred to the evaluation of the City Manager. Mayor Rhodes replied that
both the City Manager's and the City Secretary's evaluation would be performed in January
of 1994.
Council Member Cooper commended the City staff for the Senior Citizens Christmas
dinner at the Bayfront Plaza Last week.
Council Member Best referred to information he received at the National League
of Cities Conference in Orlando, Florida the previous week concerning mandated and
unmandated regulations. He also requested that information concerning a marketing
manager for the Gas Division be provided to the Council. Lastly, he referred to the heavy
amount of traffic on Nile Drive resulting from the Texas A&M University - Corpus Christi
Minutes
Regular Cou. .1 Meeting
December 14, 1993
Page 20
improvements and inquired about compensation from the contractor for the street damage.
City Manager Garza stated that he would investigate the matter.
Council Member Longoria requested a list of the necessary improvements to the
streets, curbs, etc. in District One. She further suggested trimming the oleanders located
on Martin Luther King Drive near the construction of the senior citizens center and the
primary care center.
Council Member Martin referred to his previous concerns about weight limits for
vehicles on City streets. City Manager Garza stated that he would investigate the matter.
Mayor Rhodes referred to her recent presentation in Washington concerning
water/shore development and discussed another request to view the presentation.
Mayor Rhodes called for petitions from the audience.
Mr. Clayton Jones, 1120C Willowood, inquired about the reason the council meetings
were held at 2:00 p.m. during working hours. Mayor Rhodes replied that night meetings had
been held in the past, but with low attendance. She also pointed out that the meetings were
televised and discussed the high attendance rate and problems when the meetings were held
in neighborhoods. She also pointed out that the petitions from the audience usually
occurred at or after 5:00 p.m. Council Member Moss reviewed the times the meetings were
viewed on television.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 5:55 p.m. on December 14, 1993.