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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 Minutes 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. Minutes 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 Minutes 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. Minutes 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. Minutes 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 Minutes 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. Minutes 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. Minutes 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. Minutes 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. Minutes 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 Minutes 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.