HomeMy WebLinkAboutMinutes City Council - 04/05/1994I 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 April 5, 1994, which were
approved by the City Council on April 19, 1994.
WITNESSETH MY HAND AND SEAL, this 27th day of April, 1994.
Armando Chapa
City Secretary
SEAL
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 5, 1994
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem David McNichols
Council Members:
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward Martin
Clif Moss
David Noyola
Deputy City Manager Bill Hennings
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 Reverend Charles Wilson, Flour Bluff Church of
Christ, following which the Pledge of Allegiance to the Flag of the United States was led
by Council Member Galindo.
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 March 29, 1994, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes announced a presentation by Ms. Elizabeth Kirkland, Library Board.
Ms. Kirkland informed the Council that the Texas Library Conference will be held
in Corpus Christi April 12-16, 1994. She commented on the various events to be held
and invited the Council to attend. She then distributed programs to the Council.
Minutes
Regular Council Meeting
April 5, 1994
Page 2
Mayor Rhodes referred to the Board and Committee appointments on the day's
agenda, and the following appointments were made:
Enterprise Zone Committee
Roland Gaona
Airport Advisory Board
Wallace Lundgren - reappointed
Bennett Okoh
Jackie Rowling
Board of Adiustment
August Meinrath - reappointed
Patrick Veteto - reappointed
Steve Ortmann - reappointed
Jesse Barrera - reappointed
Edward Gonzalez
Diana Z. Garza (alternate)
Toni Tamez (alternate)
Building Standards Board
Thomas Stegall
Coastal Bend Health Facilities Development Corporation
Jack Solke - reappointed
Jack Cooper - reappointed
Judy Telge - reappointed
Ronald Karchmer - reappointed
Housing Authority
Augustin Rivera - reappointed
Kay White - reappointed
Municipal Arts Commission
George Dunson
Oil & Gas Advisory Committee
Servando Dimas
Don Kersting
Annie J. Castro - reappointed
Derek Wittliff - reappointed
Dan Winship - reappointed
Minutes
Regular Council Meeting
April 5, 1994
Page 3
Pipeline Review Panel
Ronald Albrecht
Albert Espinosa, Jr.
B.G. Harwell
Jim Simmons
Mayor Rhodes stated that the community representative appointment would be
held at a later date.
Transportation Advisory Committee
Walter DeVille - reappointed
Joseph Gardner, M.D.
Ray Madrigal
Mayor Rhodes called for consideration of items from the Regular Agenda and
opened discussion on Item 2, authorizing the award of a contract to KPMG Peat Marwick
to perform the financial and compliance audit.
Council Member McNichols suggested that the Charter be amended to conduct the
audit biannually. He expressed the opinion that a yearly audit was not essential.
Council Member Galindo stated that the audit provides information to the Council
of improvements to be made by city staff and felt that the audit should be conducted
annually.
Council Member Martin explained the importance of conducting an annual audit.
He further stated that potential problems could be avoided by addressing them in a timely
manner.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
2. M94-090
Motion authorizing the award of a contract KPMG Peat Marwick to perform the
financial and compliance audit for fiscal year ending July 31, 1994.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Minutes
Regular Council Meeting
April 5, 1994
Page 4
Mayor Rhodes announced the discussion on Item 3, resolution expressing the
strong opposition of the City of Corpus Christi to H.R. 3636 and any other legislation
which would restrict the right of local governments to require franchises or to charge
franchise fees for the use of their public streets, easements, and property by telephone
companies engaging in the cable television business.
Deputy City Manager Hennings stated that Council had requested preparation of
the resolution and presented a brief overview.
Council Member Moss expressed support of the resolution and stated that the City
should be reimbursed for services rendered.
Council Member McNichols stated that "most" in the resolution should be changed
to "many."
Council Member Best made a motion to amend the resolution to incorporate the
change suggested by Dr. McNichols, seconded by Mr. Moss, and passed unanimously.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 021910
Resolution expressing the strong opposition of the City of Corpus Christi to H.R.
3636 and any other legislation which would restrict the right of local governments
to require franchises or to charge franchise fees for the use of their public streets,
easements, and property by telephone companies engaging in the cable television
business.
The foregoing resolution passed, as amended, by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
Returning to Item G, Board and Committee Appointments, Mayor Rhodes stated
that the Municipal Arts Commission had requested that Ms. Ruth Delmar Sullivan be
designated as an Honorary Member for her contributions to the commission and the Arts.
Council Member Martin moved that Ms. Sullivan be designated as an Honorary
Member, seconded by Council Member Best and passed unanimously.
Mayor Rhodes asked that a certificate of appointment be prepared for Ms. Sullivan.
Minutes
Regular Council Meeting
April 5, 1994
Page 5
Mayor Rhodes opened the discussion on Item 4, approving a contract with Texas
Natural Resource Conservation Commission and Laidlaw Environmental Services.
Deputy City Manager Hennings gave an overview of the contract and stated that
the grant funds would enable the City to conduct another Household Hazardous Waste
Collection Day to be held on Saturday, April 23, 1994, in conjunction with Earth Week
(April 18-22, 1994). He commented on the success of the previous Collection Day held
several months ago. He further stated that the grant funds received in 1993 were used
to construct the Household Hazardous Waste facility at the landfill.
Mr. Bob Bruner, Director of Solid Waste Services, commented on the application
to reissue remaining grant funds to the city, the accomplishments of the previous
Collection Day, and the anticipated turnout for this year. He stated that several local
businesses would be involved in the Collection Day.
Responding to Council Member Longoria, Mr. Bruner replied that automotive
products, gardening and agriculture pesticides, paints, and household cleaning fluids will
be accepted for disposal. Mrs. Longoria then inquired if additional funds would be
received from the grant and if other counties were involved. Mr. Bruner stated that no
other funds would be received, but that other counties have contributed to the grant.
Council Member Martin inquired if citizens in Nueces County and surrounding
counties would be able to utilize the Collection Day. Mr. Bruner replied in the affirmative,
but stated that commercial operators would be prohibited.
A brief discussion ensued regarding costs associated with the Collection Day.
Mr. Martin expressed concerns about the citizens of the city subsidizing the
Collection Day event which other counties would utilize. Mr. Bruner stated that General
Fund monies would be used for the program. Deputy City Manager Hennings stated that
funds for the program had not been specifically identified but that funding would be from
either the General Fund or the Storm Water Drainage Utility Fund. He further stated that
it was not the intent of the City to have their citizens subsidize the program.
Council Member Melody Cooper encouraged the use of grant funds for the
continuation of the program.
Responding to Mrs. Cooper, Council Member McNichols stated that after the grant
funds have been exhausted, the citizens will pay for the federally mandated program.
Mr. Hennings explained that the State currently uses two sources of funds which
will be depleted this year, at which time, the program will be discontinued unless new
sources of funds are identified.
Council Member Longoria expressed concerns about the unavailability of funds for
continuance of the program. Mr. Bruner stated that the current funding source would
Minutes
Regular Council Meeting
April 5, 1994
Page 6
discontinue, but that another household waste program is available through Robstown,
Texas for rural areas. Mrs. Longoria inquired if the utility rate increase partially funded
the program. Mr. Hennings stated that the program has been entirely funded by the
State.
In response to Mr. Martin's concerns about the non-competitive selection of
Laidlaw Environmental Services, Mr. Hennings stated that the contractor had prior
experience in Austin, Texas and in the previous Collection Day event.
Mr. Martin commented on the yearly costs associated with items on the day's
agenda which were mandated by the State.
Mayor Rhodes called for comments from the audience.
Mr. Leon Perez, 904 Buford, expressed concern regarding the contract with
Laidlaw Environmental Services. He stated that the company would possibly dispose of
hazardous waste from other cities in the local landfill.
In reference to Mr. Perez' concerns, Mr. Martin inquired about the disposal of
hazardous waste. Mr. Hennings replied that the materials are either recycled or disposed
of in authorized disposal facilities under the supervision of the Texas Natural Resource
Conservation Commission and the U.S. Environmental Protection Agency.
Council Member Best suggested that the citizens should be informed about the
effects of unfunded mandates.
Council Member Noyola supported the approval of the contracts and requested
information regarding the results of the recycling efforts.
City Secretary Chapa polled the Council for their votes as follows:
4. M94-091
Motion to approve a Texas Natural Resource Conservation Commission (TNRCC)
grant contract to fund the Household Hazardous Waste Program, and a contract
with Laidlaw Environmental Services for Household Hazardous Waste Disposal
Services.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Mayor Rhodes called for discussion on Item 5, approving modifications to the
storm water permit application.
Minutes
Regular Council Meeting
April 5, 1994
Page 7
Deputy City Manager Hennings presented an overview of the original application
which would reduce the pollutants in the water. He stated that the application had been
reviewed by the Environmental Protection Agency (EPA) which requested modifications
involving additional resources. He discussed the modifications which included removal
of litter from drainage ditches, maintenance of silt fences for major street repairs, training
of personnel applying herbicides, pesticides, and fertilizers, and the household hazardous
waste collection and disposal.
Mr. Hennings explained the requirements of the EPA for the service of a daily
household hazardous waste collection and disposal site, and collections within the
neighborhoods. He stated that the City has not reached a compromise with the EPA
regarding this issue. He further stated that the City will propose a reasonable response
which will meet the goal of the program. He further stated that the EPA has concluded
that the response will not be sufficient.
Mayor Rhodes inquired about the reasons for submitting the modification if the
EPA will not approve it. Mr. Hennings stated that the City is hoping that the EPA will
consider the modification. Mrs. Rhodes then inquired about the differences in costs of
the EPA requirement and the City's proposal. Mr. Hennings replied that the EPA
requirement would cost approximately $2 million per year.
In response to Council Member McNichols, Mr. Hennings stated the Storm Water
Utility will be on-line August 1, 1994. Dr. McNichols inquired about the status of other
cities and their problems associated with the mandate. Mr. Hennings replied that other
cities are facing the same obstacles.
Dr. McNichols inquired about the wet weather monitoring currently being conducted
by the City. Mr. Hennings stated that the City would need to collect data for several
years to identify pollutants and deal with those issues.
Dr. McNichols commented that compliance with the mandates will eventually
require the establishment of another Utility Fund which will be funded through fees paid
by the citizens.
Council Member Galindo spoke unfavorably of the EPA and inquired about the silt
requirements. Mr. Hennings explained that the Street Department would be responsible
for the silt fences.
A brief discussion ensued regarding silt fences.
Mr. Galindo expressed opposition to the silt requirements and stated that he would
not support the motion. Mayor Rhodes explained that the motion supports an alternative
to the EPA requirements. Mr. Galindo stated that he did not wish to vote on an item that
would increase costs, and that the motion was not well -supported. Mayor Rhodes further
explained the differences between the EPA requirements and the proposed modifications.
Minutes
Regular Council Meeting
April 5, 1994
Page 8
In response to Council Member Melody Cooper, Mr. Hennings stated that the City
does not currently have a program for cleaning litter in the drainage systems or silt fence
requirements. Mrs. Cooper stated that citizens should voice opinions to their
Congressmen regarding the mandates.
Council Member Martin inquired about the proposal to establish the Storm Water
Utility. Mr. Hennings explained the process. Mr. Martin specifically inquired about the
various alternatives to be discussed by the Council. Mr. Hennings replied that the public
hearing scheduled for May would entail discussions of the funding of the Storm Water
Utility. He stated that a method currently used in San Antonio, Texas would be
addressed as an alternative.
Mr. Martin requested information regarding funds which have been committed from
the future Storm Water Utility.
Responding to Mr. Martin, Mr. Hennings stated that other cities have general
requirements from the EPA such as the household hazardous waste collection and
disposal and the silt fences, but that specific requirements vary.
Mr. Martin inquired about the results of the water quality monitoring program. Mr.
Hennings replied that some results are available, but that on-going monitoring and
evaluation would provide sufficient data to identify issues which would be addressed in
the next storm water permit application. In response to Mr. Martin's inquiries about the
quality of water, Mr. Hennings replied that the levels of pollutants found in the water are
above some guidelines, and the City will attempt to identify sources of the pollutants.
Mr. Martin then commented on the differences between EPA and City funding
requirements.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
5. M94-092
Motion approving modifications to the storm water permit application, part 2, for
submission to the U.S. Environmental Protection Agency.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting
"No."
Mayor Rhodes announced the discussion on Item 6, amending Chapter 18, Fire
Prevention Code.
Minutes
Regular Council Meeting
April 5, 1994
Page 9
Fire Chief J.J. Adame reviewed the changes to be made to the current Fire Code
by the adoption of The Standard Fire Prevention Code, 1991 Edition, with local revisions.
He then explained the significant changes.
Responding to Mayor Rhodes' inquiries regarding barbecue pits, Mr. Adame replied
that the changes were primarily for multi -family dwellings, but that homeowners would be
included. He then clarified wording in the Code.
Council Member Moss inquired about the requirements of fire walls in multi -family
dwellings. Mr. Adame responded that the size of the dwelling would determine the
necessity for a fire wall. He pointed out that the Code would require fire walls to be
labeled.
Mr. Moss then inquired if changes would be required of local businesses and
refineries regarding storage of hazardous materials. Mr. Adame stated that they were
adhering to current rules and regulations with no problems.
Mayor Rhodes commented on the requirements regarding barbecue pits, and Mr.
Adame stated that the requirements were reasonable. She further stated that if the
change to the ordinance specifically identified multi -family dwellings, it should be
addressed separately. Deputy City Manager Hennings explained the wording of the
Code.
Council Member Galindo expressed opposition to the barbecue pit requirements.
He then inquired whether the permitting fees had increased. Mr. Adame stated that the
fees were adopted in July, 1993.
Council Member Martin expressed concern of increased costs to the local schools
because of the requirements for installation of smoke detectors. He felt that citizens
would criticize the additional costs. Mr. Adame stated that the installations would cost
approximately $150 per smoke detector.
Mr. Martin commented about local parks with barbecue pits under enclosures. He
inquired about the wording of the Code regarding barbecue pits. City Attorney James
Bray explained. Mr. Martin then stated that he understood the Code would address multi-
family dwelling structures.
A discussion ensued regarding the dangers of barbecue pits.
Responding to Mr. Martin, Mr. Adame stated that the ordinance would be enforced
if the Fire Department receives any complaints.
Council Member McNichols voiced concems of the increase in penalties regarding
possession of fireworks by children. He inquired if the change to the Code addressed
organizations sponsoring fireworks displays. Mr. Adame replied that the Code was not
Minutes
Regular Council Meeting
April 5, 1994
Page 10
directed towards organized fireworks displays. Dr. McNichols again expressed concem
on the penalties for possession.
Mr. Galindo inquired if multi -dwelling owners could establish their own rules and
regulations on barbecue pits. Mr. Adame replied in the affirmative and stated that it was
also the City's responsibility. Mr. Galindo voiced opposition to interference by the local
government and suggested that the section regarding barbecue pits be deleted. Mayor
Rhodes commented that the ordinance is needed, but suggested that the section on
barbecue pits be reworded and brought back to Council.
Returning to Dr. McNichols' concerns, Mr. Hennings stated that fines were changed
because State law allowed the maximum fine of $1,000.00.
Council Member Best inquired about discussion and adoption of the changes. Mr.
Adame replied that the Fire Department and staff agreed upon the changes and felt that
they were reasonable.
Council Member Noyola suggested that the current law be enforced by posting
police officers at city limits where fireworks are sold.
Council Member Longoria expressed concerns about barbecue pits located within
buildings, and Chief Adame stated that those items would be addressed separately.
Mayor Rhodes called for comments from the audience, and there were none.
Mrs. Rhodes made a motion to postpone the ordinance and instructed staff to
reword the section regarding barbecue pits, seconded by Mr. Galindo.
A discussion ensued regarding rewording of the ordinance on the barbecue pit
section.
Mr. Martin requested information about last year's fires of single-family dwellings
involving barbecue pits.
Mr. Noyola requested information about fireworks violations.
Mayor Rhodes called for a voice vote on the motion to table the ordinance with
rewording of the barbecue pit section. The motion passed unanimously.
6. POSTPONED
Minutes
Regular Council Meeting
April 5, 1994
Page 11
Mayor Rhodes opened the discussion on Item 7, motion approving Amendment
No. 1 with Shiner, Moseley and Associates, Inc. to provide additional design and
construction services associated with the 1993 Marina Improvements.
Mr. Tom Utter, Group Manager, Development Service, reviewed the changes
associated with Amendment No. 1. He discussed the progress of the construction on the
piers.
Responding to Council Member Moss' concerns about the increase in costs and
the projected completion date, Mr. Utter replied that the construction work has tripled and
the project would be completed by the beginning of 1995.
Council Member Galindo inquired about the funding for the project. Mr. Utter
explained that funds were obtained from the 1992 Bond Sale and from the 1992 Issuance
of Certificates of Obligation.
A brief discussion ensued relating to availability of funds for the improvements.
Mr. Galindo inquired about the bidders' knowledge of funding source for the
construction, and Mr. Utter replied that bidders were requested to bid on improvements
to six piers and cost of floating piers. He stated that not all bidders responded to the cost
of the floating piers. Mr. Galindo further inquired if the size of the project had increased.
Mr. Utter replied that it had not. Mr. Galindo requested information on the award of bid
for the floating piers.
Council Member Martin inquired about the amount of work completed on the
project. Mr. Utter replied that a vast majority of the design work has been completed, but
none of the construction supervision and material inspection has been done. Mr. Martin
further inquired about the delay in advising Council of the additional design services. Mr.
Utter replied that Council should have been informed at an earlier date.
In response to Mr. Martin's inquiry conceming authorization of change orders, Mr.
Utter stated that the maximum allowed for approval by City staff is $15,000. City Attorney
James Bray commented that this has been the city's practice on issuing change orders.
Mr. Martin expressed concern regarding expenditures associated with the
installation of locker boxes which were not approved in the original contract. Mr. Utter
explained the necessity for the locker boxes.
Mr. Martin then inquired about the methods used to change the contract to include
the installation of locker boxes. Mr. Bray stated that he had not reviewed the entire
contract, but that the methods had been applied by the City on numerous occasions. Mr.
Martin further commented on previous requirements of deductive change orders to be
approved through Council action.
Minutes
Regular Council Meeting
April 5, 1994
Page 12
Council Member Best inquired about the structural integrity of the floating piers
following a hurricane and their life expectancy. Mr. Utter replied that the piers would
endure high waters associated with a hurricane and would last a minimum of 25 years.
Council Member McNichols supported marina improvements because it is
considered a primary asset of the City.
Mayor Rhodes agreed on the marina improvements but felt that the procedures
used to change the contract were inappropriate.
Mr. Galindo expressed support of the improvements. He further requested that the
City Manager address the issue of exercising proper procedures to change contracts.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
7. M94 093
Motion approving Amendment No. 1 to the Engineering Services Contract with
Shiner, Moseley and Associates, Inc. in the amount of $53,800 to provide
additional design and construction services associated with the 1993 Marina
Improvements - Piers "A", "B", "C", and "D" at Lawrence Street T -Head project.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Mayor Rhodes announced the discussion on Item 8, purchase of daily cover dirt
for the Elliott Landfill.
Council Member McNichols inquired about the funding for the purchase of dirt and
suggested that the purchase of cover dirt be adopted in the operating budget. Deputy
City Manager Hennings replied that the daily cover dirt would be purchased for the Elliott
and Westside Landfill and should be included in the operating budget, but that the
Westside Landfill requirements were eligible to be charged to the Bond Fund.
Dr. McNichols further inquired about the previous purchase of cover dirt for the
Westside Landfill. Mr. Hennings stated that purchase of the dirt will address the closure
requirements at the Westside Landfill, and the remaining dirt will be used for the daily
cover at the Elliott Landfill. He further stated that the closure of the Elliott Landfill will be
handled through the excavation of clay material from the new landfill. Dr. McNichols
again suggested that the purchase of dirt be included as a budget item.
Mayor Rhodes called for comments from the audience.
Minutes
Regular Council Meeting
April 5, 1994
Page 13
Mr. Leon Perez, 904 Buford, commented on the dirt from the Elliott Landfill and
suggested that the city use dirt from the new landfill as cover dirt for the Elliott Landfill.
Mayor Rhodes commented that dirt from the Elliott Landfill had been sold. She
further stated that the city was not previously mandated to use cover dirt at the landfill.
She stated that the city had not yet begun construction of the new landfill to acquire dirt
for the Elliott Landfill.
Responding to Mr. Perez, Council Member Martin stated that there was not enough
cover dirt in the new landfill to be utilized for the Elliott Landfill and further discussed dirt
and digging requirements as mandated by law.
City Secretary Chapa polled the Council for their votes as follows:
8. M94-094
Motion approving a supply agreement for the purchase of approximately 360,000
cubic yards of daily cover dirt for the Elliott Landfill in accordance with Bid
Invitation No. BI -0147-94 with Bay, Inc. of Corpus Christi, Texas. Bid award is
based on low bid of $1.44/cubic yard, totaling approximately $518,400. Term of
the contract will be twelve months, with the option to extend for up to twelve
additional months, subject to approval of the supplier and the City Manager or his
designee.
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 pubic hearing on the proposed closure of a portion of
the right-of-way of Sam Rankin Street.
Deputy City Manager Hennings informed Council that the portion to be closed
would be used for the Northside Primary Care Center site.
Mayor Rhodes called for comments from the audience, and there was none.
Council Member Best made a motion to close the public hearing, seconded by
Council Member Galindo, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 021911
Ordinance closing and abandoning a 13.72 -foot wide by 159.62 -foot long portion
of Sam Rankin Street right-of-way extending north of Martin Luther King (I.H. 37);
Minutes
Regular Council Meeting
April 5, 1994
Page 14
subject to the compliance with the specified conditions; and replatting the property
within 180 days.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye";
Martin and Noyola absent.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 10 through 19, and Council Members
requested that Items 12, 13, 14, 15, 17.a, 17.b., 18, and 19 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
10. M94-095
Motion approving the purchase of 41,000 feet of fiber optic cable in accordance
with Bid Invitation No. BI -0137-94, from Clifford of Vermont, Bethel, Vermont for
the amount of $72,160, on the basis of lowest and best bid. The cable will be
used by Traffic Engineering and Street Services Departments, and funds are
budgeted in FY 1993-94.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent.
11. M94-096
Motion authorizing the acquisition of a parcel of land located on 18th Street
between Ayers and Cole Streets from Richter Baking Company, for $17,000, in
connection with the Wynn Seale School Area Street Improvements, Phase II
Project.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent.
16. RESOLUTION NO. 021912
Resolution authorizing the City of Corpus Christi's grant application for Traffic Light
Synchronization (TLS -III) Program funding and execution of a grant agreement with
the State of Texas, the proceeds of which will be applied to partial funding for
optimization of traffic signal timing plans for the City's "closed loop" traffic signal
systems.
Minutes
Regular Council Meeting
April 5, 1994
Page 15
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola absent.
Mayor Rhodes called for discussion of Item 12, construction of minor storm
drainage improvements, and Item 13, installation of a new sludge de -watering filter belt
press.
Council Member Moss inquired about the price difference of Items 12 and 13. Mr.
Carl Crull, Director of Engineering Services, replied that Item 12 involves survey work and
Item 13 is the purchase of a piece of equipment. Mr. Moss further inquired about the
percentage for construction contingencies. Mr. Crull stated that accurate costs are
difficult to identify for this type of construction.
Mayor Rhodes called for comments from the audience, and there was none.
Council Member McNichols inquired about the price difference between Item 13
and the previous purchase of a filter belt press. Mr. Crull replied that there was a slight
increase.
City Secretary Chapa polled the Council for their votes as follows:
12. M94-097
Motion awarding a contract in the amount of $58,385 to Mendez Construction
Company to construct minor storm drainage improvements on Westway Drive
between Omaha and Cantwell Drives, as part of the Minor Storm Drainage
Improvements - 1994 Project.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
13. M94-098
Motion awarding a contract in the amount of $364,200 to R.S. Black Civil
Engineers and Constructors and Machinery and Materials, Inc., a joint venture, for
the installation of a new sludge de -watering filter belt press at the Oso Water
Reclamation Plant.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Minutes
Regular Council Meeting
April 5, 1994
Page 16
Council Member Cooper asked for an explanation on the concept of the linear
parks system related to Item 14, Participation Agreement with Tri-Star Development. Mr.
Carl Crull, Director of Engineering Services, stated that the concept originated with the
desire to link the neighborhoods with a bike path and sidewalk area along the Oso
Parkway. He further stated that other areas were utilizing the concept of the system.
Responding to Mrs. Cooper's inquiry about the completion of the parks, Mr. Crull
stated that it would depend on future fund availability.
Council Member McNichols expressed opposition to the concept and stated that
the resources should be used elsewhere.
Council Member Moss inquired about the paving standards used for the
development of the system. Mr. Crull replied that paving standards which were in effect
prior to January, 1994 would be used.
In response to Council Member Best's concerns, Mr. Crull stated that the majority
of the Oso Parkway would be developed. Dr. Best further inquired about compliance with
EPA regulations on excavation of the area. Mr. Crull replied that the Army Corps of
Engineers, along with local representatives, were currently conducting a study of the
wetlands.
A brief discussion ensued.
Council Member Galindo expressed opposition to the development of the Oso
Parkway.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
14. M94-099
Motion authorizing the City Manager to execute a Participation Agreement with Tri-
Star Development, Inc. for improvement to Norwich Court of which the City's share
of costs is $50,550.64.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No."
Mayor Rhodes called for discussion of Item 15, preparation of a comprehensive
Sanitary Sewer Evaluation Survey.
Minutes
Regular Council Meeting
April 5, 1994
Page 17
Council Member McNichols commented on the expenditure which was mandated
by an Enforcement Order. He expressed the opinion that the City was not responsible
for wastewater overflow which is the subject of the Order.
Council Member Martin inquired if the selection of the contractor met policy
requirements. Mr. Carl Crull, Director of Engineering Service, explained the policy and
stated that the specialized work in the evaluation would require services from outside the
City. Mr. Martin commented about the adherence to City policy. Deputy City Manager
Hennings presented an overview of the contract and stated that the issue dealing with
local participation was not addressed in the agenda memorandum.
Responding to Council Members inquiries regarding the construction of the
Southside Wastewater Treatment plant, Mr. Hennings briefly outlined the memorandum
included in the City Council Information Transmittal.
A discussion ensued regarding the treatment plant master plan studies, funding
requirements, site selection, and the beginning of construction.
Council Member Galindo commented on the cost-effective methods of construction
of a treatment plant.
Mayor Rhodes called for comments from the audience, and there was none.
15. M94-100
Motion authorizing the City Manager to execute a contract for engineering services
in an amount not to exceed $153,825 with ADS Environmental Services, Inc. to
prepare a comprehensive Sanitary Sewer Evaluation Survey of the wastewater
collection system within two targeted areas of the Oso Service Area as mandated
through an Enforcement Order issued by the Texas Natural Resource
Conservation Commission.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola voting
"No."
Mayor Rhodes called for discussion of Items 17.a. and 17.b. regarding
annexations.
Responding to Council Member Martin's clarification on the purpose of the
annexation, Deputy City Manager Hennings stated that if the property were annexed, the
law would allow the use of three billboards. Mr. Hennings then asked Mr. Brandol
Harvey, Director of Planning & Development, to explain proposed changes to the Zoning
Ordinance.
Minutes
Regular Council Meeting
April 5, 1994
Page 18
Mr. Harvey explained that the property in question would require annexation before
it could be zoned for billboard usage. He then stated that the proposed change to the
Zoning Ordinance would address the issue on the frequency of billboard usage either
inside or outside the city limits. Mayor Rhodes inquired if the applicant was aware of the
proposed change. Mr. Harvey replied that he did not have personal contact with the
applicant but that she had attended the public hearing on the annexation. He further
stated that the applicant was aware of the process before billboards could be erected.
Mr. Martin inquired about the property being pre -zoned. Mr. Harvey explained that
the property would not be pre -zoned or automatically zoned after it has been annexed.
He stated that a public hearing must be held for the Council to determine the zoning.
In response to Mr. Martin, Mr. Harvey stated that the Planning Commission
recommended denial of the "1-2" zoning, and in lieu thereof, zoned "B-4" with a Special
Permit to allow billboards but limit the number of billboards.
Deputy City Manager Hennings presented a brief outline for future action relating
to the property.
Mr. Martin expressed concerns about the current and proposed use of the property.
He commented that the only thing the annexation would accomplish is to allow the use
of more billboards. Mr. Harvey stated that the billboard company requested the
annexation, and the erection of the billboards would fill in the gap between the city limits
and the industrial district.
Council Member Longoria expressed opposition to the annexation and stated that
she did not favor a "billboard alley." Mr. Harvey explained that a zoning option exists
which would prohibit billboard usage on the property.
A brief discussion ensued.
Council Member McNichols inquired about the owner's purpose of the annexation.
Mr. Harvey explained that the billboard agency requested the annexation for the use of
multiple billboards.
Council Member Cooper stated that she would abstain.
Mayor Rhodes called for comments from the audience, and there were none.
17.a. FIRST READING ORDINANCE
Annexing a 13.46 acre tract of land platted as Wood River Unit 10 out of a 205.80
acre tract conveyed by Bess L. Hurd et vir to Nina G. Stewart in the Mariano
Lopez De Herrera Grant, Abstract 606 Nueces County, Texas, recorded in Volume
55 Page 172 and 173 Nueces County Plat Records, Nueces County, Texas.
Minutes
Regular Council Meeting
April 5, 1994
Page 19
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Cooper and
Martin abstaining.
17.b. FIRST READING ORDINANCE
Annexing a 7.65 acre tract, a strip of land, comprised of public right-of-way, a
portion of Sharpsburg Road and railroad right-of-way, owned by the Union Pacific
Railroad Company and coming out of the Gregorio Farias Grant, Abstract No. 592,
in Nueces County, Texas described in Volume 1754, Page 634 of the deed of
records of Nueces County, Texas.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye";
Cooper abstaining.
Mayor Rhodes opened the discussion on Item 18, revisions to the Animal Control
ordinance.
Responding to Council Member Galindo, Deputy City Manager Hennings clarified
the purpose of the ordinance and stated that there were no objections or comments
relating to the changes in the ordinance. He further stated that proper notice had been
given.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 6, Animal Control, Section 6-2,
Definitions; Section 6-3, Animal Control Section and Supervisor, concerning
payment of monies collected; Section 6-12, License and Permit Revocation,
administrative proceedings; Section 6-18, Commercial Permits, to set a commercial
permit fee and to specify certain regulations for rodeos and making a minor
correction to the section; Section 6-21, Impoundment, clarifying a basis for
impoundment, specifying an additional means of notification of owner, specifying
a new category of impoundment fee, specifying that a license fee may have to be
paid to redeem an impounded animal, and making a minor correction to the
section; Section 6-23, Animals Biting and/or Exhibiting Symptoms of Rabies; to
specify that the owner of an animal which is not quarantined shall be responsible
for paying the costs of preparing and shipping such an animal's head or brain to
an appropriate laboratory; Section 6-31, Performing Animal Exhibitions, to apply
to rodeos; and providing for publication.
Minutes
Regular Council Meeting
April 5, 1994
Page 20
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 discussion on Item 19, lease of the Kiwanis Softball Field
and J.C. Softball Field.
Council Member Moss urged that Council not approve the lease because it would
violate the informal lease agreement with The Grandstands executed last year.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
19. ORDINANCE NO. 021913
Authorizing the City Manager or his designee to execute a one-year lease of
Kiwanis Softball Field and J.C. Softball Field with the Corpus Christi Softball
Association.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Noyola voting "Aye";
Moss voting "No."
Mayor Rhodes announced the dosed sessions as follows:
20. Closed session pursuant to Texas Government Code Section 551.071 regarding
City of Corpus Christi v. U.S. West Communications Services, Inc., et al, No. 92-
4804-E, 148th District Court, Nueces County, Texas; with possible action in open
session approving settlement thereof.
21. Closed session pursuant to Texas Government Code Section 551.071 regarding
Lauro V. Garcia et al v. City of Corpus Christi et al, No. 93-5089-C, 94th District
Court, Nueces County, Texas, with possible action in open session approving
settlement thereof.
The Council went into closed session.
The Council returned from closed session.
Minutes
Regular Council Meeting
April 5, 1994
Page 21
Pursuant to Item 20, Mayor Rhodes made a motion as follows: authorizing the
City Manager to execute a Settlement Agreement in City of Corpus Christi v. U.S. West
Communications Services, Inc., et al, No. 92-4804-E, 148th District Court, Nueces
County, Texas, by which U.S. West will pay the City $375,000 and write off all
outstanding invoices on the municipal court computer system and the city will keep all
computer hardware and return all software related to the municipal court system in
accordance with the settlement negotiated by the city's attorney. The motion was
seconded by Council Member McNichols.
City Secretary Chapa polled the Council for their vote on the motion, and the
motion passed as follows: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting
"Aye"; Longoria, Martin, and Noyola absent. (M94-101).
In reference to Item 21, Mayor Rhodes made a motion as follows: authorizing the
City Manager to execute a Settlement Agreement in Lauro V. Garcia et al v. City of
Corpus Christi et al, No. 93-5089-C, 94th District Court, Nueces County, Texas, for
payments by the City with a present value of $319,000 and release of all claims against
the City in accordance with the settlement agreement negotiated by the city's attorney.
The motion was seconded by Council Member McNichols.
City Secretary Chapa polled the Council for their vote on the motion, and the
motion passed as follows: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting
"Aye"; Longoria, Martin, and Noyola absent. (M94-102).
Mayor Rhodes called for the City Manager's report.
Deputy City Manager Hennings informed the Council that City Manager Juan
Garza was recuperating at home from his illness and was doing better. He also stated
that he would be traveling to New York on April 6 to visit the bond rating agencies.
Mayor Rhodes reminded Council that the April 12, 1994 meeting had been
cancelled and that she would be accompanying Mr. Hennings to New York.
Mayor Rhodes called for Council concerns and reports.
Council Member Galindo distributed information on Texas Agriculture
Commissioner Rick Perry who opposes the Coastal Management Plan endorsed by
Texas Land Commissioner Garry Mauro. He expressed his desire to invite Mr. Perry to
inform the Council on his views about the Plan.
Minutes
Regular Council Meeting
April 5, 1994
Page 22
Council Member McNichols inquired about the revised Coastal Management Plan,
finalizing the regulations, and the schedule of the public hearings. Deputy City Manager
Hennings replied that the Council will be provided a position paper at the April 19, 1994
Council meeting to determine the strategy at the public hearing scheduled for April 21,
1994 in the Council Chambers.
Mr. Galindo commented that Mr. Mauro had an opportunity to address the Council,
therefore, Mr. Perry should be given an opportunity to address his views on the Coastal
Management Plan. He stated that the Council should hear both sides of the issue before
the Council determines its position on the Plan.
Dr. McNichols stated that specific areas of the report need to address affects on
the City. He expressed concern about the Coastal Conservation Council's authority.
Mr. Galindo requested information regarding the "Keep Texas Beautiful" project to
be conducted by Solid Waste Services.
Responding to Council Member Moss' concerns regarding opposition to the
Coastal Management Plan, City Attorney Bray explained that hearings have been
scheduled for presentations by the City, Council Members' input, and citizen input. Mr.
Moss inquired about any recourse against the Coastal Conservation Council's decision
regarding the Plan. Mr. Bray stated that adopted regulations could be challenged in
court.
Council Member Best inquired about the status of the Holly Road right-of-way in
conjunction with the Texas Department of Transportation project. Mr. Tom Utter replied
that the City is awaiting approval of discontinuance of railroad service to remove the rails.
Council Member Best requested staff to investigate complaints of a house located
at 4946 Jo Ann Street.
Council Member McNichols requested additional information regarding the sales
tax rate issue in the City of San Antonio, Texas, and the arrangements between the City
and the transit authority to build the Alamodome.
Council Member Moss inquired about the status of the paving on Clifford Street.
Mr. Utter stated that the paving would be replaced by concrete sections.
There being no further business to come before the Council, Mayor Rhodes
declared the Council Meeting adjourned at 5:22 p.m. on April 5, 1994.