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HomeMy WebLinkAboutMinutes City Council - 04/19/1994I 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 April 19, 1994, which were approved by the City Council on April 26, 1994. WITNESSETH MY HAND AND SEAL, this 27th day of April, 1994. t, - C Armando Chapa City Secretary SEAL MJCROFILMEu MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 19, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Jack Best Cezar Galindo* Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola 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 Pledge of Allegiance to the Flag of the United States was led by Council Member McNichols. 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 April 5, 1994, and there being no corrections, she proclaimed them approved as presented. *Council Member Galindo arrived at the meeting. Mayor Rhodes recognized the members of the Xeriscape Coalition of the Corpus Christi Museum of Science and History. The Mayor then presented Ms. Shirley Whiteside, chairperson of the Steering Committee of the Xeriscape Coalition, with a proclamation recognizing April 16-23, 1994, as "Xeriscape Week" in Corpus Christi. Minutes Regular Council Meeting April 19, 1994 Page 2 Mayor Rhodes announced the discussion on Item 1, presentation on Project "Vision 2000". Mark Scott, a member of the "Vision 2000" Planning Committee, discussed the project's purpose, timeline and goals. Planning Committee members Cheyenne Eichelberger, Carol Scott, and Joel Barrera discussed plans to publicize the project, train facilitators and solicit private sector contributions. Mayor Rhodes expressed her support of the concept, which originated in Jacksonville, Florida. She stated that she contacted the mayor of Jacksonville, who expressed his enthusiasm for this type of project. Council Member Cooper commented favorably on the project and emphasized the importance of utilizing the media to inform the public about the project. Council Member Noyola asked if two Corpus Christi residents from each of the five Council districts (rather than one resident, as established by the "Vision 2000" Planning Committee) could be appointed by that particular Council Member. One person would also be appointed by the Mayor and each At -Large Council Member. Mr. Scott agreed that appointing two citizens from each district would be beneficial. Responding to inquiries from Council Member Galindo, Mr. Scott stated that "Vision 2000" is not a continuation of the CC '90 project. Council Member Longoria expressed her appreciation to the committee and urged citizen participation. Council Member Moss made a motion to endorse the project and requested the City Manager to implement the requested actions, seconded by Council Member Best. Mayor Rhodes called for comments from the audience and there were none. City Secretary Chapa polled the Council for their votes as follows: 1. M94-103 Motion endorsing the Project "Vision 2000" concept, and requesting the City Manager to implement the requested actions committing expenses not to exceed $15,000 and staff resources to this project. 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 19, 1994 Page 3 Mayor Rhodes announced that Item 8, resolution executing Amendment No. 1 to the agreement with the Lavaca-Navidad River Authority, from the day's agenda would be withdrawn. 8. WITHDRAWN Mayor Rhodes deviated from the day's agenda and opened discussion on Item 5, creation of the Corpus Christi Commission on Children and Youth. She explained that an official commission of the city advocating children's issues was created in order to access federal grant monies for children's projects. Grace Rank, who had been appointed by Mayor Rhodes to chair a Development Council to research the issue of a commission on children, gave a presentation on the subject. Responding to an inquiry by Council Member Galindo, Mrs. Rank responded that the commission will not have any legal powers --its purpose is to advocate for children's best interests to the City Council. Council Member Noyola expressed his support of the concept of the commission. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. FIRST READING ORDINANCE Amending the Code of Ordinances, Article 4, Chapter 2, by adding Division 19, creating the Corpus Christi Commission on Children and Youth, prescribing the duties thereof, and providing for related matters; 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 Council Meeting April 19, 1994 Page 4 Mayor Rhodes announced a presentation by Texas Agriculture Commissioner Rick Perry on the Coastal Management Plan (CMP). He stated that he and other Texas citizens feel the CMP has gone beyond the original mandate of the Texas Legislature, that it creates unnecessary bureaucracy, and its implementation should be delayed until the Texas Legislature has had the opportunity to review it. In response to Mayor Rhodes' inquiry, Mr. Perry stated that the CMP is unnecessary because the General Land Office and the Texas Natural Resources Conservation Commission are designed to oversee questions of conservation. Responding to Council Member Moss' inquiry, Mr. Perry agreed that without a federally approved coastal conservation plan in place, Texas would not be eligible for $2.4 million in federal grants. He emphasized, however, that his concern is not with the coordination of federal, state and local conservation efforts, but with the CMP in particular. Council Member Moss asked if the approval process could be stopped since the CMP is already being debated around the state. Mr. Perry responded that the chairman of the Coastal Coordination Council should delay the plan's implementation so the concems being raised could be addressed. Council Member McNichols reiterated that protection of the environment and of the coast is a concern of the City Council. However, he questioned the necessity of "another layer of bureaucracy." Council Member Martin noted that conservation legislation was mandated by the federal government, and he expressed support of the CMP with the inclusion of the City Council's recommendations to the plan. Responding to Council Member Best's inquiry, City Manager Garza responded that the city staffs recommendation is that the City Council approve the concept of the CMP with proposed revisions. Council Member Galindo expressed opposition to the plan and asked that the council not support it. Council Member McNichols stated his concern that the CMP might deter development of Padre Island. Council Member Cooper said she opposed the plan due to concerns about mandated legislation. Minutes Regular Council Meeting April 19, 1994 Page 5 Mayor Rhodes announced a presentation by State Representative Mike Martin, author of the Texas Coastal Zone Management Act, on the Coastal Management Program. Mr. Martin stated that the Coastal Coordination Council has no authority to promulgate new regulations, but it can review --for purposes of consistency --existing regulations between different agencies. He noted that no decision to implement the plan would be made for at least six months. Mayor Rhodes asked City Manager Garza if the City Council's recommendations concerning the CMP would be admissible after the May 1, 1994, public hearing on the plan, and he responded in the affirmative. Council Member Galindo stated his opposition to the plan and made a motion that the City Council go on record as opposing the CMP. Council Member Noyola seconded the motion. Responding to Council Member Best's inquiry, Mr. Martin responded that the CMP is not a new governmental agency, outlined the permit application process, and the legal recourse available to the city and a brief discussion ensued. State Representative Martin expressed appreciation to State Representatives Hugo Berlanga and Todd Hunter for their participation in advocating the city's concerns. Mayor Rhodes called for public comments. Mr. Foster Edwards, 118 Alta Plaza, executive vice president of the Corpus Christi Board of Realtors, raised questions about the CMP and suggested tabling the plan until further review. A resident of Corpus Christi who owns property on Mustang Island expressed concerns about some of the policies of the CMP. Mr. Leon Perez, 904 Buford, questioned whether the recent beaching of dolphins in the area was caused by pollution and if the CMP would control pollution on the beaches. Ms. Jennifer Prouty, 220 Alta Plaza, chairperson of the Nueces County Coastal Management Committee, recommended that approval of the CMP be delayed for further study, although she emphasized that a coastal management plan is needed. Minutes Regular Council Meeting April 19, 1994 Page 6 Mr. John D. Bell, 13750 Primavera, agreed that a coastal management plan is needed and encouraged the City Council to stay involved in the CMP process. Mayor Rhodes agreed with Mr. Bell's perception that the debate surrounding the CMP has had political overtones. Council Member McNichols stated that the Coastal Coordination Council would not be responsible for overseeing fresh water releases into the area's bays and estuaries nor for the dumping of brine into the bay. Responding to Dr. McNichols question, City Manager Garza verified that regulations concerning the dumping of brine were approved by the City Council. Mr. David Coggins, 13914 Primavera, representing the Padre Island Business Association, suggested the council delay taking action on the CMP until after the public hearing on April 21, 1994. Mayor Rhodes suggested the council table a vote on the CMP and asked the city staff to contact the area's state legislators regarding their opinion of the CMP. Council Member Noyola stated that a motion had been made by Council Member Galindo and seconded by him to not endorse the Coastal Management Plan. Mayor Rhodes moved to table the item and the motion was seconded by Council Member Longoria. The motion to table passed. Mayor Rhodes announced the discussion on Item 6, amending Chapter 18, Fire Prevention Code. Responding to a question from Council Member Best, Fire Chief J.J. Adame verified that local school officials are aware that smoke detectors will be required in each of the schools and they cost $150 per detector. Council Members Martin and Best asked the total cost that would be incurred by each school and the total number of detectors needed by each school, and Mr. Adame replied that that information has not yet been determined. Council Member Martin expressed his concern that once the Fire Prevention Code is adopted, the schools would be required to have the smoke detectors installed immediately, which, according to Mr. Adame, would not be possible. City Attorney James Bray clarified that fire officials would have discretion in enforcing the fire code with regard to smoke detectors if there was an attempt to abide by the fire code. Minutes Regular Council Meeting April 19, 1994 Page 7 Mr. Martin reiterated his concern with adopting ordinances which cause people to be immediately in violation, and that respective officials do not intend to enforce. He suggested that provisions be made to allow for compliance over a specified period of time. Responding to Mr. Martin's concerns, City Manager Garza agreed that before the second reading of this ordinance, an appropriate phase-in period for installing smoke detectors in the schools could be specified. Council Member Galindo expressed his opposition to the restrictions about the use of barbecue pits in multi -family dwellings. Mr. Adame stated that he felt the requirement was reasonable. Mr. Galindo suggested that owners of multi -family dwellings be allowed to establish their own requirements for use of barbecue pits rather than specify requirements in the fire code. Mr. Garza responded that the city has a responsibility to eliminate any potential causes of fires in public areas, including multi -family dwellings, and that a minimum restriction is required. Responding to a question by Mr. Galindo, City Attorney Bray stated that the city does not have liability for failure of inspections, and the purpose of the fire ordinance is to establish certain standards to protect the public. Council Member Longoria voiced her support of the ordinance and expressed concern about the number of apartments which currently have restrictions on barbecue pits. Mayor Rhodes pointed out that the Apartment Owners Association has supported adoption of the ordinance. Council Member Noyola expressed his opposition to the restrictions in multi -family dwellings, and stated that the owners of those dwellings should establish their own restrictions. Responding to Mr. Noyola's concerns, Fire Chief Adame and Mayor Rhodes pointed out that many multi -family dwellings such as apartment complexes do provide barbecue pits for use by tenants in safe areas. The mayor added that many apartment tenants have expressed to her their support of the ordinance. Council Member McNichols questioned the restriction on barbecue pits with regard to condominiums that are owned by individuals. Mr. Adame replied that condominiums are treated as multi -family dwellings and the restriction would apply. Dr. McNichols also asked if the restriction would apply in dwellings made of non- combustible materials, and Mr. Adame stated that those dwellings would be considered for exemption from the restriction on a case-by-case basis. Minutes Regular Council Meeting April 19, 1994 Page 8 Council Member Longoria questioned the wording of the ordinance regarding "installing" and "operating" a barbecue pit. Mr. Adame said the code distinguishes between installing and operating a barbecue pit versus just storing one in a multi -family dwelling. Mayor Rhodes called for comments from the audience on Item 6. Abel Alonzo, 1701 Thames, stated that as an apartment dweller he supports the ordinance. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE 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; and providing an effective date of May 1, 1994. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Cooper absent. Mayor Rhodes opened discussion on Item 7, amending Chapter 53, Parking Meter Zones. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 021923 Ordinance amending the Code of Ordinances, Chapter 53, Section 53-257, Schedule VIII - Parking Meter Zones, Established, be amended by confirming that Meter Zone 8 is a four- hour maximum parking meter zone, adding the U.S. Highway 181 East access road to an eight-hour minimum time limit meter zone, changing East Surfside Boulevard from an eight-hour to a four-hour maximum time limit parking meter zone; and revising the hours of parking meter enforcement in Meter Zones 8 and 9 from 8:00 am - 8:00 pm to 8:00 am - 6:00 pm; and providing Minutes Regular Council Meeting April 19, 1994 Page 9 for severance; providing for publication; and providing for penalties assessed for violations. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Responding to Council Member Martin, Mr. Tom Utter, Group Manager, Development Services, stated that the ordinance was declared an emergency because the parking meters were currently installed. Mayor Rhodes also stated that there were immediate concerns for passage of this ordinance. Mayor Rhodes opened discussion on Item 9.a., motion amending ordinance annexing a 13.46 acre tract of land platted as Wood River Unit 10, and Item 9.b., annexing a 13.46 acre tract of land platted as Wood River Unit 10. General Manager Utter stated that the motion would include the service plan, which had previously been excluded. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9.a. M94-113 Motion to amend, prior to second reading, an 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. The amendment entails attaching "Exhibit B" which is the service plan. The plan was inadvertently omitted from the annexation ordinance. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin abstaining; Cooper absent. Minutes Regular Council Meeting April 19, 1994 Page 10 9.b. ORDINANCE NO. 021914 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. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin abstaining; Cooper absent. Mayor Rhodes opened discussion on Item 10, motion postponing Items 11, 12.a., 12.b., and 13, and concurred with the motion. Responding to Council Member Martin's inquiry, General Manager Utter replied that the Planning Commission should have an opportunity to review new information being provided by staff. A discussion ensued regarding the current status of the property. Mayor Rhodes called for comments from the audience. Mr. Hal George, attorney with Broyles & Pratt representing the applicant, requested that the council approve Items 12.a., 12.b., and 13, with postponement of Item 11 to further assess its affect on Item 13. Mayor Rhodes inquired as to why the various items would be referred to the Planning Commission. Mr. Utter further explained the need for reconsideration by the Commission. In response to Council Member Galindo, Mr. Utter replied that the new information would possibly alter the Planning Commission's current recommendation concerning the zoning case. A brief discussion ensued regarding the state's and city's regulations pertaining to billboards. Mayor Rhodes commented that the Council had requested staff to investigate the annexation and zoning matter at the last Council meeting. Responding to Council Member Martin's concerns, Mr. Utter stated that the property could be annexed at the day's meeting. Mr. Martin then stated that the zoning Minutes Regular Council Meeting April 19, 1994 Page 11 issue of the property could be referred back to the Planning Commission for their recommendation, but that the Council could approve the zoning without the Commission's recommendation. Mayor Rhodes commented that the applicant may not wish to have the property annexed with the new information being presented. Council Members McNichols and Longoria agreed with the motion to postpone and refer the items back to the Planning Commission. Mr. George commented that it was unfair to refer items because of misinformation by staff. Mayor Rhodes stated that a possibility would exist that after the property has been annexed, the zoning case might fail. Mr. George then agreed with the motion to refer to Planning Commission. City Secretary Chapa polled the Council for their votes as follows: 10. M94-104 Motion postponing Items 11, 12.a., 12.b., and 13 and referring the items back to the Planning Commission for review/reconsideration and recommendation prior to final action by the City Council. The foregoing motion passed by the following vote: Rhodes, Best, Longoria, McNichols, and Moss voting "Aye"; Galindo, Martin and Noyola voting "No"; Cooper absent. 11. POSTPONED 12.a. POSTPONED Minutes Regular Council Meeting April 19, 1994 Page 12 12.b. POSTPONED 13. POSTPONED 1 ORDINANCE Mayor Rhodes opened the public hearing on the following zoning application: 14. Case No. C394-1, City of Corpus Christi: Consider zoning the newly annexed area an "R -1B" One -family Dwelling District on a 13.46 acre tract of land, platted as Wood River Unit 10, out of a 205.80 acre tract in the Mariano Lopez De Herrera Grant, located southwest of Guadalupe River Drive and northwest of Wood River Drive. Minutes Regular Council Meeting April 19, 1994 Page 13 Mayor Rhodes stated that both Planning Commission and staff recommended approval. Mayor Rhodes called for comments from the audience, and there were none. Council Member Best made a motion to close the public hearing, seconded by Council Member McNichols and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021915 Ordinance amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the Zoning Map in reference to a 13.46 acre tract of land, platted as Wood River Unit 10, out of a 205.80 acre tract in the Mariano Lopez De Herrera Grant, located southwest of Guadalupe River Drive, and northwest of Wood River Drive. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Longoria, McNichols, Moss, and Noyola voting "Aye"; Cooper, Galindo and Martin absent. Mayor Rhodes opened the public hearing on the following zoning application: 15. Case No. 394 3, Lexington Joint Venture: A change of zoning from "AT" Apartment Tourist District and "A-2" Apartment House District to "B-4" General Business District on 4.27 acres out of Lots 7 & 8, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located 300 feet north of S. Padre Island Drive and 525 feet northwest of Clare Drive. Mayor Rhodes stated that both Planning Commission and staff recommended approval. Mayor Rhodes called for comments from the audience, and there were none. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021916 Minutes Regular Council Meeting April 19, 1994 Page 14 Ordinance amending the Zoning Ordinance upon application by Lexington Joint Venture, by changing the Zoning Map in reference to 4.27 acres out of Lots 7 & 8, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, from "AT" Apartment Tourist District and "A-2" Apartment House District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper and Galindo absent. ............. Mayor Rhodes opened the public hearing on the following zoning application: 16. Case No. 394-4, Camden Property Trust: A change of zoning from "A-1" Apartment House District and "AB" Professional Office District to "A -1A" Apartment House District on Country Club Estates, Block 3, Lots 2 & 6, located between Saratoga Boulevard and Middlecoff Road, along the west side of Player Street. Mayor Rhodes stated that both Planning Commission and staff recommended approval. Mr. Utter stated that the applicant requested two readings of this ordinance and that the second reading be postponed for several weeks. Mayor Rhodes called for comments from the audience, and there were none. Council Member Moss made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. In response to Council Member Martin, Mr. Utter replied that there has been no new major apartment construction since 1987. City Secretary Chapa polled the Council for their votes as follows: FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance upon application by Camden Property Trust, by changing the Zoning Map in reference to Country Club Estates, Block 3, Lots 2 & 6, from "A-1" Apartment House District and "AB" Professional Office District to "A -1A" Apartment House District; providing for publication. Minutes Regular Council Meeting April 19, 1994 Page 15 The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper and Galindo absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 17 through 26, and Council Members requested that Items 21 and 23 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 17. M94-105 Motion approving a supply agreement for approximately 11,600 ft. of ductile iron pipe, ranging in size from 4" - 36", in accordance with Bid Invitation No. BI -0112- 94, with The Rohan Co., San Antonio, Texas, based on low bid meeting specifications and low bid for an estimated annual expenditure of $145,785. 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 and the City Manager or his designee. Funds are budgeted in FY 93-94 by the Water Division. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 18. M94-106 Motion approving a supply agreement for approximately 115 tons of potassium permanganate in accordance with Bid Invitation No. 131-0108-94 with Carus Chemical Co., Ottawa, Illinois based on the low bid of $276,299. The term of the contract will 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 chemical is used by the Water Department for the treatment of our water supply. Funds have been budgeted in FY 93-94. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 19. M94-107 Motion approving a supply agreement for approximately 3,600 - 1" gas meter valves, in accordance with Bid Invitation No. BI -0109-94 with International Supply, Corpus Christi, Texas, based on low bid, for an estimated annual expenditure of Minutes Regular Council Meeting April 19, 1994 Page 16 $35,640. 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 and the City Manager or his designee. Funds are budgeted in FY 93-94 by the Gas Division. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 20. M94-108 Motion authorizing the City Manager, or his designee, to submit a renewal grant application and execute a contract with ACTION for the continuation of the Senior Companion Program. The total budget for 1994-95 is $224,060, which includes $163,458 in federal grant funds and $60,602 in City match. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 22.a. M94-110 Motion authorizing the City Manager or his designee to accept a federal grant in the amount of $125,850 from the U.S. Department of Agriculture (USDA) and to execute contracts and all related documents with the U.S. Department of Agriculture (USDA), through the Texas Department of Human Services (TDHS) for the 1994 Summer Food Services Program for youths at Summer Recreation sites and the Corpus Christi Independent School District for the 1994 Summer Food Service Program. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 22.b. ORDINANCE NO. 021918 Ordinance appropriating $125,860 in USDA grant funds for the 1994 Summer Food Service Program for youths. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 22.c. M94-111 Motion authorizing the City Manager or his designee to enter into an interlocal agreement with the Corpus Christi Independent School District in the amount of Minutes Regular Council Meeting April 19, 1994 Page 17 $95,200 for preparation and delivery of meals for the Summer Food Service Program for youths. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 24. RESOLUTION NO. 021920 Resolution authorizing the City Manager to apply to the Texas Natural Resource Conservation Commission for grants of $100,000 for composting equipment, and $17,100 for continued education for waste reduction programs. The foregoing resolution passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 25. ORDINANCE NO. 021921 Authorizing the City Manager, or his designee, to execute a lease from July 1 to September 30, 1994, with an option to renew annually through September 30, 2005, with the United States Department of Transportation, Federal Aviation Administration, for the purpose of maintenance and operation of the Outer Marker of the Instrument Landing System (ILS) for the Corpus Christi International Airport. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 26. ORDINANCE NO. 021922 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 19, 1994 Page 18 The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Regarding Item 21, Council Member McNichols requested clarification concerning the arbitrage rebates. City Manager Garza explained. Responding to concerns from Council Member Martin, Mr. Garza explained how the city had earned the excess interest on the tax-exempt bonds. A brief discussion ensued. Council Member Best inquired if the excess yield could be utilized in other ways. Mr. Garza stated that the Tax Reform Act would not allow other uses. Mayor Rhodes made a motion to amend Item 21 to add a section adding $78,643.20 to the Capital Improvement Bond Funds No. 503, 513, 533, 553, 563, 573, and 581 because this appropriation is not a part of the operating budget, seconded by Council Member Moss, and passed unanimously. (M94-109) Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 021917 Ordinance appropriating $78,643.20 from the Capital Improvements Funds, and authorizing payment to the Internal Revenue Service for arbitrage rebate related to the 1989 Bond Issue. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes stated that Item 23 would need to be amended and made a motion to add a section adding $97,065.00 to the Street Bond Fund No. 220-612-602.62-596, because this appropriation is not a part of the operating budget, seconded by Council Member Longoria, and passed unanimously. (M94-112) Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting April 19, 1994 Page 19 City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 021919 Ordinance appropriating $97,065 as part of a Texas Department of Transportation Highway Safety improvement program grant for purchase of traffic control signal coordination equipment for the Gollihar Road and Morgan Avenue traffic signal coordination projects. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola absent. Mayor Rhodes called for the City Manager's report. City Manager Garza informed the Council that staff had drafted a letter thanking the Texas Department of Transportation for their consideration of the Bay Trail Project. Group Manager Utter briefly outlined the project. Mr. Garza stated that the Regular Council Meeting on April 26, 1994, will convene at 11:30 a.m. to open bids for the sale of bonds. He further stated that the Council would be provided lunch and the meeting would reconvene at 2 p.m. to award the bids. Mayor Rhodes complimented Mr. Bill Hennings, Deputy City Manager, Mr. Carl Crull, Director of Engineering Services, and Mrs. Rosie Vela, Director of Finance, on their presentations before the bond rating agencies in New York. She informed the Council about the agencies' input. Mayor Rhodes stated that she had met with Mr. Rodney Slater, Federal Highway Administrator, who is currently touring the United States to review highway projects. Mayor Rhodes reported that the 7,000 participants in the Texas Library Conference held in Corpus Christi April 12-16, 1994, were very complimentary about the city. However, they explained that they would no longer be able to hold their conference in Corpus Christi because of the need for a larger convention center in which to meet. The Mayor told the conference participants that she would raise this issue with the Council. Minutes Regular Council Meeting April 19, 1994 Page 20 Mayor Rhodes called for Council concerns and reports. Council Member Best stated that he would oppose the Greenway Project unless a decision is made about the future of the old County Courthouse. Dr. Best requested that staff prepare an agenda item regarding the city's involvement in the dune protection permitting process in an effort to consolidate services with Nueces County. Dr. Best announced that the first meeting of the Consolidation Study Committee would be held on April 22, 1994, at noon in the Mayor's Conference Room. He pointed out several items that will be discussed at the meeting. In response to Council Member Martin's inquiry, City Attorney Bray explained that state institutions are not required to comply with the city's building ordinance. Council Member Galindo requested staff to provide clarification on Item 8 on the day's agenda, regarding the city's share of the cost of the regional study to evaluate alternatives for transporting water to Corpus Christi. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:15 p.m. on April 19, 1994.