HomeMy WebLinkAboutMinutes City Council - 12/21/1993I 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 21, 1993, which
were approved by the City Council on January 4, 1994.
WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1994.
City Secretary
SEAL
MICROFILMED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 21, 1993
2 p.m.
PRESENT
Mayor Mary Rhodes
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
ABSENT
Mayor Pro Tem David Noyola
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Bishop Leo Clark, Spirit of the Lord Ministry for
the Saints, following which the Pledge of Allegiance to the Flag of the United States was
led by Ms. Kathy Edwards, Senior Squad Member of the Calallen High School
Cheerleaders, present at the day's meeting.
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 December 14, 1993, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes recognized the employees retiring from the City in the month of
November 1993, as follows: Mr. Curtis A. Allen, Health, Mr. Jack W. Broughton, Police,
Mr. Frank Garcia, Convention Center, Mr. Juan P. Martinez, Solid Waste Services, and
Mr. Amado Santana, Wastewater. Mr. Curtis Allen, present at the day's meeting, expressed
appreciation to the City.
Minutes
Regular Co, it Meeting
December 21, 1993
Page 2
Mayor Rhodes recessed the Regular Council Meeting for the meeting of the
Workforce Development Corporation.
Mayor Rhodes reconvened the Regular Council Meeting.
* h i t t*!■ R i f t
Mayor Rhodes called for consideration of items from the Regular Agenda and
opened the discussion on Items 3a, 3b, and 3c pertaining to a Minority Business Opportunity
Committee Program.
Mr. Tom Utter, Group Manager, Development Services, explained the goals and
objectives of the program. He introduced Mr. Howie Hodges, Assistant Director of the
Minority Business Development Agency, and Mr. Lencho Rendon, Chief of Staff of Senator
Solomon Ortiz' Office.
Mr. Hodges discussed the goals and objectives of the Minority Business Development
Agency and expressed appreciation to the City for its support.
Mr. Hodges and Mr. Utter responded to several inquiries concerning the program's
funding and the services to be provided by the City.
Mr. Rendon expressed Senator Solomon Ortiz' regret that he could not attend the
meeting and offered assistance from Senator Ortiz' office. He further outlined the minority
groups eligible for the program.
Deviating from the regular agenda, Council Member Best inquired whether the City
would be eligible to participate in President Clinton's recent program concerning additional
law enforcement officers. City Manager Garza explained the City's refrainment.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
3a. M93-341
Motion authorizing the City Manager or his designee to execute an agreement with
the U.S. Department of Commerce, Minority Business Development Agency to
establish a Minority Business Opportunity Committee Program and to accept a grant
in the amount of $100,000 to implement the same.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
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Regular Co it Meeting
December 21, 1993
Page 3
3b. ORDINANCE NO. 021826
Ordinance authorizing the appropriation of $100,000 received from the U.S.
Department of Commerce, Minority Business Development Agency to establish a
Minority Business Opportunity Committee Program in 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.
3c. RESOLUTION NO. 021827
Resolution commending the leadership of Congressman Solomon Ortiz, staff, and
individuals from the U.S. Department of Commerce, Minority Business Development
Agency regarding the establishment of a Minority Business Opportunity Committee
Program in Corpus Christi.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Mayor Rhodes opened the public hearing on 4a, changing the name of Purdue Road
to Hustlin Hornet Drive.
Mayor Rhodes stressed the importance of adhering to the City's policy concerning
street name changes and discussed the difficulties in association with street name changes.
She further stated support of Item 4b since the name change followed past Council actions
concerning school mascots.
Council Member McNichols pointed out that the policy was established to prevent
street name changes honoring individuals and also discussed the difficulties associated with
street name changes. He further pointed out that these difficulties would not apply to this
particular situation.
Mayor Rhodes called for comments from the audience.
Mr. Leon Perez, 904 Buford, commented favorably on changing the street's name to
Hustlin Hornet Drive.
Council Member Moss made a motion to close the public hearing, seconded by
Council Member Galindo, and passed unanimously.
Minutes
Regular Co'. it Meeting
December 21, 1993
Page 4
4b. FIRST READING ORDINANCE
Renaming Purdue Road between Waldron Road and Laguna Shores Road to Hustlin
Hornet Drive.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No";
Noyola absent.
Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus
Christi Community Improvement Corporation.
Mayor Rhodes reconvened the Regular Council Meeting.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 6 through 24, and Council Members
requested that Items 8, 9, 10, 13, 14, 16, 17, 18, and 19 be withheld for discussion. City
Manager Garza referred to an amendment to Item 20c as requested by Police Chief Henry
Garrett.
City Secretary Chapa polled the Council for their votes and the following were
passed:
6. M93-342
Motion approving supply agreements for library books and recordings in accordance
with Bid Invitation No. BI -0042-94 with the following companies for the following
amounts based on total low bid per group for a total estimated annual expenditure
of $376,049.53. The term of the agreements shall be for twelve months, with an
option to extend for up to an additional twelve months, subject to the approval of the
supplier and the City Manager or his designee. These books and recordings will be
used by the Corpus Christi Public Library and Corpus Christi branch of the South
Texas Library System. Funds are budgeted in FY 93-94 by the libraries.
Brodart Co.
Williamsport, PA
$342,749.53 - Library Books
GRAND TOTAL - $376,049.53
Baker & Taylor, Inc.
Charlotte. NC
$33,300.00 - Recordings
Minutes
Regular Co :il Meeting
December 21, 1993
Page 5
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
7. M93-343
Motion approving a supply agreement for meal delivery service consisting of
approximately 94,000 meals for the elderly Nutrition Program, Adult Protective, and
Title XX Meals on Wheels in accordance with Bid Invitation No. BI -0043-94 with
R&R Delivery Service, Corpus Christi, Texas based on the only bid for an estimated
annual expenditure of $110,787.60. 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. Funds have been budgeted by
the Senior Community Services of the Parks and Recreation Department.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
11. M93-347
Motion approving a two-month rental agreement with Conley -Lott Nichols Machinery
Company for a landfill garbage compactor.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
12. M93-348
Motion authorizing the City Manager or his designee to submit an application and
to execute all documents necessary to enter into a contract with ACTION, a federal
volunteer agency, for the continuance of the Retired Senior Volunteer Program
(RSVP) during the FY 1994-95 grant period. The total budget proposed for RSVP
for 1994-95 is $112,106. This includes $44,120 in ACTION funds, $11,569 from the
Texas Department on Aging, and a City match of $56,417. These funds are included
in the FY 93-94 City budget.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
15. RESOLUTION NO. 021829
Resolution authorizing the City Manager, or his designee, to execute an Interlocal
Agreement with the cities of Arlington, Austin, Dallas, El Paso, Fort Worth,
Houston, and San Antonio to jointly employ a person to coordinate the legislative
package for safety, crime, and law enforcement for the 74th Regular Legislative
Session.
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Regular Co, i1 Meeting
December 21, 1993
Page 6
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
21a. ORDINANCE NO. 021835
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
21b. ORDINANCE NO. 021836
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
22. ORDINANCE NO. 021837
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
23. ORDINANCE NO. 02183$
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
Minutes
Regular Co‘ it Meeting
December 21, 1993
Page 7
24. ORDINANCE NO. 021839
Authorizing the City Manager to execute a five-year parking lease and management
agreement with the Texas State Aquarium.
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 concerning excess worker's
compensation insurance and airport liability coverage.
Mayor Rhodes called for comments from the audience.
Mr. Scott Irot, Assistant Vice President of Alexander/Alexander of Texas, 4604
Goliad Lane, Austin, commended the City Manager and the City's Risk Management
Department. He next commented on the assets and ratings of A.I.G. as compared to
Americas and referred to the Bid Analysis provided to the Council in the agenda material
discussing individual criteria. The criteria included discrimination, liquor, passenger
misdirection and baggage liability coverage. He also referred to an error made by his staff
concerning the assault & battery liability limits and raised the amount from $25 million to
$75 million. He pointed out that the discrimination liability would be for airport personnel
only and that the liquor, passenger misdirection, and baggage liabilities were repetitive. He
also discussed the bid specifications concerning the insurance ratings.
City Manager Garza discussed Americas' ratings and stated that staff believed them
to be satisfactory.
In response to Council Member Moss, Mr. Irot stated that, when comparable
coverage with similar premiums were present, the insurance ratings were an important
criterion to consider. Mr. Irot further responded to inquiries about excess coverage, specific
insurance coverage, and the bid notification process.
City Manager Garza discussed the City's budget in association with the insurance and
the discrimination liability in association with the American Disabilities Act.
A discussion ensued concerning the bids, specifications, notification process, and
liability limits.
Mr. Wally Goodman, representative of W. L. Dinn & Co., Inc., discussed the liability
limits in Americas' bid addressing Mr. Iscot's comments. He further discussed Americas'
rating. He also responded to an inquiry from Council Member McNichols concerning
medical malpractice coverage.
In response to Council Member Martin, City Attorney Bray replied that the change
in liability limits regarding A.I.G.'s assault & battery limits could not be corrected as
Minutes
Regular Cot it Meeting
December 21, 1993
Page 8
requested by Mr. Irot at this time. Mr. Martin stated that, in light of the additional
coverage provided by Americas and the minute premium difference, he would support the
staff's recommendation.
City Secretary Chapa polled the Council for their votes as follows:
8. M93-344
Motion approving the purchase of (1) Excess Workers' Compensation Insurance by
Midwest Employers Casualty with a limit of $10,000,000; and, (2) Airport Liability
Insurance by Americas Insurance Company at the current coverage level of
$75,000,000, both through HRH Insurance for a combined annual premium of
$139,668. This is in accordance with Bid Invitation No. BI -0077-94.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Mayor Rhodes opened the discussion on Item 9, a motion rejecting the bids received
for twenty-two refuse loader bodies.
In response to Council Members McNichols and Moss, City Manager Garza
explained the circumstances surrounding the bid rejection and stated that staff was
comfortable with the available future warranty provisions. In further response to Council
Member Moss, he discussed the body design of the packers.
Council Member Martin requested that assurance concerning the axle weight limits
of the trucks be included in future documentation and inquired about the number of trucks
included in the past budget. Mr. Bob Bruner, Director of Solid Waste Services, replied that
twenty-two were budgeted. City Manager Garza discussed the funds which were budgeted
for the purchase.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
9. M93-345
Motion rejecting bids received in response to Bid Invitation No. BI -0017-94 for
twenty-two refuse loader bodies. Specifications will be revised and new bid
invitations issued.
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 10, a motion approving the purchase
of twenty-two refuse truck cab & chassis.
Minutes
Regular Co it Meeting
December 21, 1993
Page 9
Council Member McNichols inquired about the necessity of the trucks. City Manager
Garza explained the City's schedule for the replacement and refurbishment of the fleet.
Council Member Moss inquired about a separate depreciation fund and the interest
rate. City Manager Garza responded and discussed the City's past practice of a separate
depreciation fund.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
10. M93-346
Motion approving the purchase of twenty-two (22) refuse truck cab & chassis, in
accordance with Bid Invitation No. BI -0016-94, from Crane Carrier Company, Tulsa,
OK, based on the low bid of $1,456,312. Funding will be provided by GE Capital in
accordance with the lease/purchase line of credit contract. The trucks are
replacement units.
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 13, a resolution authorizing the sale
of foreclosed properties.
Council Member Martin inquired about the nature of the properties. Ms. Kathleen
Morrison, attorney with Calame, Linebarger, Graham & Pena, outlined past uses of the
properties.
In response to Council Member Moss, Ms. Morrison discussed the attorney fees
associated with the foreclosure. Mr. Moss requested that information concerning the
attorney fees be included in the agenda material in the future.
Council Member Longoria referred to the complaints received concerning the
Morrow Drive property and commented favorably on the sale.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
13. RESOLUTION NOS. 021840. 021841. and 021842
Resolutions authorizing the sale of foreclosed properties:
a. Lot 36, Block 1, Austin Addition
b. 190' x 153.22' out of portion of Lot 12, Block C, Flour Bluff Estates
c. Lot 1, Block 3, Guth Parkside Subdivision
Minutes
Regular Co. it Meeting
December 21, 1993
Page 10
The foregoing resolutions passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss "Aye"; Noyola absent.
Returning to Item 13, Council Member Martin inquired about the purchasers of the
properties. City Manager Garza responded.
Mayor Rhodes opened the discussion on Item 14, a resolution concerning Central
Power & Light Company's utility rates.
In response to Council Member Galindo, City Attorney Bray discussed the cost of
service rate proceedings. He further discussed jurisdictional application and appellate
procedures concerning utility rates. In further response, he discussed the petition filed by
Mr. Glynn A. Pugh and the staff's recommendation concerning the issues. Council Member
Galindo inquired about a separate interest bearing account concerning equity returns
referenced in the agreement and Mr. Bray stated that he would examine the inquiry.
In response to Council Member Moss, City Attorney Bray stated that the agenda item
involved initiating a proceeding to gather information leading to a possible reduction in
utility rates.
Mayor Rhodes called for comments from the audience.
Mr. Glynn A. Pugh, attorney at law, discussed the objectives of the petition he filed
concerning a fuel rate adjustment.
In response to Council Member Moss, Mr. Pugh stated that he sent copies of all
documentation concerning his petition to the Mayors of San Antonio and Austin, but had
not received a response. He also provided a copy of a newspaper article concerning utility
rates in San Antonio to the Council.
Mr. Leon Perez, 904 Buford, discussed the monetary effects of the nuclear power
plant on ratepayers.
Mr. Raymond Hasker, 1813 Wallace, referred to a list from the Nuclear Regulatory
Commission of mistakes made by the nuclear power plant and expressed concern that citizen
input concerning the issue was not welcomed by the City Council.
Mr Larry Brewer, attorney for CPL, stated that the rates currently being charged by
CPL did not reflect the increased costs resulting from the current outage of STP (South
Texas Project). He further stated that CPL would not contest the resolution, but in the
event an agreement was not reached through negotiations, he would return to the Council
as a regulatory authority requesting relief on the schedule and addressing other procedural
matters with respect to the Section 42 proceeding.
Council Member Martin reviewed the events leading to the resolution and stated that
the resolution was in the best interest of the ratepayers.
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Regular Co it Meeting
December 21, 1993
Page 11
City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 021828
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.
The foregoing resolution 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 16, an extension of the lease
agreement with the airline companies at the Corpus Christi International Airport.
Council Member Martin posed several questions concerning the negotiation process
and lease period. City Manager Garza responded.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
16. ORDINANCE NO. 021830
Ordinance authorizing the City Manager or his designee to execute a one year
extension of airport use and lease agreements with American Airlines, Inc.,
Continental Airlines, Inc., Southwest Airlines Company, Atlantic Southeast Airlines,
Inc., and Conquest Airlines Corporation, on a month-to-month basis, for use of space
at the Corpus Christi International Airport, such leases to expire on December 31,
1994.
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 opened the discussion on Item 17, an ordinance concerning the final
assessment roll and assessments levied against the owners of property in the Del Mar Area.
Minutes
Regular Cc, Al Meeting
December 21, 1993
Page 12
Council Member Best stated that he owned property in the Del Mar Area and
inquired whether he should abstain from discussing or voting on the item. City Attorney
Bray replied that abstention was not necessary.
Council Member Moss inquired about the completion date of the project. Mr. Carl
Crull, Director of Engineering Services, replied that Phase I bonds were not yet sold,
Phase II was completed, and Phase III would be completed in approximately 18 months.
Council Member Best referred to the large pieces of concrete containing roadway tile
remaining on the South Alameda and Cole Street intersection and inquired about the
removal. Mr. Crull explained the agreement with the neighborhood association regarding
the tiles and stated that he would examine the situation.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 021831
Ordinance amending Ordinance No. 021139, passed and approved on April 16, 1991,
by amending Section 3 to adopt the final assessment roll and assessments, in the
amount of $566,819.22 on 368 items, levied against the owners of property on:
Del Mar Area, Phase II
Clifford Street - Santa Fe Street to South Staples Street;
Pahnero, Cole, Naples and Atlantic Streets - Santa Fe Street to Alameda Street;
Del Mar Boulevard - Santa Fe Street to Alameda Street;
Santa Fe Street (westside only) - Ayers Street to Louisiana Avenue;
Louisiana Avenue (north roadway) - Santa Fe Street to Alameda Street; and
Lawnview Street - Louisiana Avenue to Ayers Street.
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 opened the discussion on Item 18, an Outside City Limits Water
Services Contract with Gene Graham, President of Country Creek Partners, Inc.
Council Member Cooper inquired about the progress of the subdivision, and City
Manager Garza responded.
Council Member Martin expressed concern that, when Country Creek was in the city
limits in the future, the residents would question the absence of curbs and gutters and the
open ditches in the neighborhood. He referred to his previous suggestion to provide
explanatory language in the deeds to eliminate future confusion. Mr. Martin requested that
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Regular Col 1 Meeting
December 21, 1993
Page 13
staff examine the deed concerning Country Creek and requested a list of the areas utilizing
outside city limits water service contracts including the annexation status.
City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE.
Authorizing the City Manager or his designee to execute an Outside City Limits
Water Services Contract with Gene Graham, President of Country Creek Partners,
Inc., for the purpose of providing water to 39.39 acres of land out of Country Creek
Subdivision Unit 2, Block 1, Lots 1 through 12, and Block 2, Lots 1 through 20.
The foregoing ordinance passed on first 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 19, amending the Code of Ordinances,
Chapter 55, Utilities, Article VIII, Water Service Outside City, Section 55-111, contract
requirements where land is partly or wholly beyond City by not requiring governmentally
owned properties to be platted and annexed.
Council Member Cooper inquired about the purpose of the amendment. City
Manager Garza explained that the amendment would allow water service to J. P. Luby Park
located outside of the city limits. He further stated that staff believed the amendment
would not establish a burdensome precedence since it involved governmental entities and
not private property.
Council Member Martin expressed concern about future application of the
amendment. City Attorney Bray explained that application pertained to OCL water
contracts.
Mayor Rhodes requested that staff examine Mr. Martin's concern and correct the
ordinance before the second reading.
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
Amending the Code of Ordinances, Chapter 55, Utilities, Article VIII, Water Service
Outside City, Section 55-111, contract requirements where land is partly or wholly
beyond City by not requiring governmentally owned properties to be platted and
annexed.
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Regular Ca it Meeting
December 21, 1993
Page 14
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
Mayor Rhodes opened the discussion on Items 20a, 20b, and 20c, items pertaining
to auto wrecker fees and regulations and impounding and storage of vehicles.
Police Chief Garrett stated that the application of Item 20c, Section 57-254 D(2)(c)
would penalize small wreckers and requested an amendment to delete Chapter 57, Vehicles
for Hire, Article V, Section 57-254 D(2)(c) in its entirety and renumbering Section 57-254
D(2)(d) to 57-254 D(2)(c). The motion was made by Council Member Best, seconded by
Council Member Galindo. Mayor Rhodes called for a voice vote on the motion and the
motion passed.
Mayor Rhodes called for comments from the audience.
Mr. Joe Dees, Statewide Wrecker Service, commended City Staff and the Police
Department for the amendment. He referred to the fee and permit increases and requested
that the ordinance be effective on February 1, 1994 to allow time for an equalization of the
increases.
A brief discussion ensued and it was determined that the permit fee extension would
allow a one year extension for some and was not reasonable.
City Secretary Chapa polled the Council for their votes as follows:
20a. ORDINANCE NO. 021832
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 second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola
absent.
20b. ORDINANCE NO. 0211833
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.
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Regular Ct it Meeting
December 21, 1993
Page 15
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye'; Noyola
absent.
20c. ORDINANCE NO. 021834
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 second reading as amended by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye";
Noyola absent.
Returning to Council Member Martin's inquiry during the discussion on Item 18
concerning the curbs, gutter, etc., Mr. Garza stated that the deed contained the deed
restriction.
Mayor Rhodes announced Item 25, the closed session pursuant to Section 551.071,
Texas Government Code, regarding claim for personal property taxes in Frost Brothers
Bankruptcy, Cause No. 88-B-10850, U.S. District Court, Southern District of New York, with
possible action on settlement agreement in open session.
Mayor Rhodes announced Item 26, closed session pursuant to Section 551.071, Texas
Government Code, regarding collective bargaining with Corpus Christi Firefighters
Association.
The Council returned from closed session and Mayor Rhodes made a motion to
approve a settlement offer for the 1987 and 1988 personal property taxes on the Frost
Brothers Bankruptcy in the amount of $27,815.06 cash (M93-349). The motion was
seconded by Council Member Moss, and passed unanimously. Mayor Rhodes pointed out
that the item did not apply to the Frost Brothers Building located in the downtown area.
Mayor Rhodes called for the City Manager's report. Mr. Garza stated that he did
not have a report and wished everyone a Merry Christmas and a Happy New Year. He also
expressed appreciation to the City Council for their support during the past year.
Mayor Rhodes extended an invitation to the Christmas Dinner at the Bayfront Plaza
sponsored by H.E.B. Council Member Martin inquired about the food service permits for
the volunteers, and Mayor Rhodes responded.
Minutes
Regular Co, it Meeting
December 21, 1993
Page 16
Mayor Rhodes commended the staff and citizens participating in the shoe drive for
the Evans Elementary School. She also discussed the miniature golf course constructed by
the Wood River Elementary School from landfill materials and requested that old golf
putters be donated to them. Next, she appointed Council Member McNichols to the
National Estuary Advisory Committee as the local goverment representative. Lastly, Mayor
Rhodes stated that the Toys for Tots program was in need of additional Christmas toys.
Mayor Rhodes called for Council concerns and reports.
Council Member Moss requested that the City Manager express appreciation to the
City employees working on the weekends and holidays to maintain city services. He next
inquired about the recent Gabe Lozano Golf Shop burglary and the traffic light sequence
interruption in several areas in the City. Next, Mr. Moss inquired whether the new traffic
signals in the Padre Staples Mall area would be included in the Carmel master controller
traffic light system. Lastly, Mr. Moss referred to the three different entities providing
services at the Corpus Christi/Nueces County Health Department and the personnel
policies. City Manager Garza responded to each inquiry.
Mayor Rhodes called for petitions from the audience and there were none.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 6:00 p.m. on December 21, 1993.
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