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.
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C
Armando Chapa
City Secretary
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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
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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.