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HomeMy WebLinkAboutMinutes City Council - 05/31/1994I 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 May 31, 1994, which were approved by the City Council on June 14, 1994. WITNESSETH MY HAND AND SEAL, this 15th day of June, 1994. Arman:o Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 31, 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 Chambers of City Hall. The invocation was delivered by Rev. Dr. William C. Storms, Covenant Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Best. City Secretary Chapa performed a roll check 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 May 24, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes deviated from the days agenda and opened discussion on Item 2, recognition of the city's Animal Control Program. City Manager Garza introduced Mr. Jeff Beynon, Animal Control Supervisor, and Dr. Nina Sisley, Director of Public Health, and Dr. Richard Schafer, Chairman of the Animal Control Advisory Committee. Dr. Sisley also introduced the following people: Mr. Minutes Regular Council Meeting May 31, 1994 Page 2 Dick Brown, Lost Pet Hotline; Elizabeth Airheart, Lost Pet Hotline; and Mr. James Butcher, Ms. Debra Leal, and Mr. Ismael Guerrero, members of the Animal Control Staff. Mr. Garza presented the 1994 Agency of the Year Award from the National Animal Control Association to Mr. Beynon. Council Member Moss recognized two of his grandchildren who were present at the meeting, James Douglas, and Benjamin Douglas, who were visiting Corpus Christi from Dallas. Mayor Rhodes opened discussion on Item 1, presentation by the Texas Natural Resource Conservation Commission (TNRCC). Mayor Rhodes explained that the TNRCC is the state agency which regulates the Federal Clean Air Act of 1990, the most stringent environmental statute in the country. She said Corpus Christi currently has attainment status but could be in danger of losing it if the city violates clean air emission standards three more times in the next two years (the city has already had one violation). If Corpus Christi loses its attainment status, it would have to abide by very extensive and costly restrictions and standards. She added that a committee would be formed, headed by Mr. Bill Hennings, Deputy City Manager, to coordinate efforts of the city and the industries to retain the city's attainment status. The Mayor emphasized that residents need to be aware of how to reduce dangerous air emissions to participate in that effort. Mayor Rhodes introduced Mr. John Hall, TNRCC Chairman, who began his presentation by commending the Mayor and the city for their continuing efforts in working with the residents of Dona Park and the industries in that area. Mr. Hall gave a history of the Clean Air Act, and stated that four cities in Texas failed to meet federal health - based standards: Houston, Dallas, Ft. Worth, and El Paso. He described some of the changes which those cities will have to adopt beginning January 1, 1995, to meet federal emission standards. Mr. Hall stated that the TNRCC is concerned that Corpus Christi could lose its attainment status due to continued economic and population growth unless government leaders, corporate leaders and citizens begin reducing emissions. He said that taking the proper steps now is much less expensive than abiding by non -attainment provisions. Mr. Hall added that the city had its last air-quality exceedence reading in 1993; maintaining its clean air status will allow the city to grow and prosper. Responding to Council Member Best, Mr. Hall explained that there are four " Minutes Regular Council Meeting May 31, 1994 Page 3 separate air -monitoring stations in the Corpus Christi area which monitor emissions 24 hours a day, 365 days a year. He said that in Texas, ozone exceedences are particularly dangerous during the hot summer months of June through September. He described how ozone measurements are made and variables which affect them, such as air temperature and wind speed. He gave examples of steps that citizens can take to reduce emissions: car pooling; using public transportation; mowing yards and gassing up vehicles late in the evening. Mayor Rhodes explained that a media/citizen committee would be established to educate residents about emission reductions and to warn them if the TNRCC issues an emissions alert on any particular day. Responding to Council Member Moss, Mr. Hall explained that the percentage of dangerous emissions made by cars varies by community, and newer vehicles emit much less air pollution than older, lower -performance ones. Mayor Rhodes recognized the employees retiring from the city in the month of May 1994 as follows: Mr. Damasio Zarate, Police Department, 37 years; Ms. Pauline V. Garcia, Park Maintenance Department; 15 years; Mr. Pedro Bayardo, Park Maintenance Department, 25 years; and Mr. John Ramirez, Park Maintenance Department, 25 years. Mayor Rhodes referred to the Board and Committee appointments on the day's agenda and the following appointments were made. Corpus Christi Bay Area Minority Business Opportunity Program Steering Committee Claude Adams (Local Federal Agency) Capt. J.F. Tucker III (Local Federal Agency) Benedicto Ramos (Local Federal Agency) John Rising (Chamber of Commerce) Horacio Ortiz (Hispanic Chamber of Commerce) Scott Eliff (Local/State Agency) Robert Furgason (Local/State Agency) Buddy Venters (Local/State Agency) Jorge Canales (Private Sector) Bernard Paulson (Private Sector) Abey Flores (Private Sector) Joe Fulton (Private Sector) Scott Jenkines (Private Sector) Minutes Regular Council Meeting May 31, 1994 Page 4 Mayor Rhodes opened discussion on Item 4, proposed development in the northwest area of a factory outlet center, city golf course and RV park. Mr. Garza explained that the staff continued to recommend approval of the development proposal. If the Council voted to approve it, the staff would bring back three sets of documents to formalize the procedure. Mr. Garza noted that a factory outlet center would be unique to the city. He also detailed improvements the city made to streets near Moore Plaza and Sunrise and Padre Staples malls. Mayor Rhodes stated that she continued to support the proposed development because of the potential sales tax revenue and benefit to the city. The Mayor recognized Representative Hugo Berlanga, who expressed his support of the proposal and offered his assistance in obtaining any available state funds to help pay for the ramp reversals which are part of the development. Responding to Council Member McNichols, Mr. Garza stated that the staff had provided traffic counts of the proposed development area, but there was no hard data indicating the numbers of people who would actually stop at the factory outlet center and/or the golf course and RV park. He noted that Mr. Stan Samberg, a representative of the developer who gave a presentation at the May 24, 1994 meeting, had cited four main reasons why the developers were interested in the northwest location: traffic count, number of tourists, visibility and accessibility. Dr. McNichols stated that the municipal golf course in the northwest area should not be built until the outlet center proves to be successful, thus using the sales tax revenue from the center to build the golf course. Mr. Garza said he shared Dr. McNichols' concern, adding that the golf course should begin construction approximately two years from when the outlet mall opens, which is planned for fall 1995. Council Member Noyola objected to the proposal in which the city would pay for utility lines to be brought up to the property in exchange for the donation of 180 acres of land by Mr. Garnett Brooks. He also questioned the possibility of flooding on the location of the proposed RV park and golf course. Mr. Garza replied that the RV park location is on high ground and the golf course is on land that floods. Council Member Galindo stated that the outlet center, golf course and RV park should be promoted as a package, and asked for assurances that the RV park would be built. Mr. Garza stated that the proposed contract would give Mr. Brooks seven years in which to complete the RV park. Council Member Cooper said she would not support the proposal because she had Minutes Regular Council Meeting May 31, 1994 Page 5 not been convinced that a sufficient amount of sales tax revenues would be generated from the outlet center to support the golf course. She also objected to the proposal that the city bring utility lines to the site and pay for the ramp reversals, if necessary. Responding to an earlier comment by Mr. Noyola, Council Member Longoria stated that a third municipal golf course is needed and the proposed location in the northwest area of the city seems to be the most feasible. Mayor Rhodes called for comments from the audience. Ms. Sylvia Terry, 10709 Westview, Chairperson of the Northwest Area Council Chamber of Commerce, stated that plans for the golf course and RV park were initiated years ago and the project's original --and current --intent was to benefit the whole city. Mr. Jim Baxter, 15305 Mutiny Ct., General Manager of Padre Staples Mall, said the city is acting like a bank in the proposed venture because it is financing private development and anticipating a return of its investment in the form of sales tax dollars. He questioned the developers' sales estimates, and expressed concern that the golf course might not be built if the outlet center does not generate enough revenue. Mr. Brian Giffin, 4917 Valley Stream, General Manager of Sunrise Mall, stated that he believes in free enterprise but that it is wrong for the city to pay for off-site improvements, such as the proposed development. He added that improvements around the southside malls were made because of existing traffic congestion and not to benefit any particular investor. He said the developer should guarantee that the factory mall would be a bona fide outlet center; that the developer demonstrate financial stability; and that the city conduct a market study regarding retail competition in the area. Mr. Roy Smith, co-owner of Padre Staples Mall, thanked the Council for its cooperation in the construction of Shopper's Way, a new street behind that mall. He questioned the logic of building the outlet center and golf course at the base of the Nueces River because of potential flooding. Ms. Jeanette Hallmark, spokesperson for the Northwest Business Association, stated her support of the project, noting that it benefits the city as a whole and not just one area. She added that the proposed development will attract tourists not just to that development but to the many other attractions in Corpus Christi as well. She said the association is working with Mr. Brooks on plans for the RV park. Mr. Larry Baker, 4322 Nicklaus, said this project has been planned for many years. He said the $350,000 needed to pay for bringing the utilities up to the proposed property was not a subsidy to the outlet center developers; that was part of the original agreement with Mr. Brooks for the donation of his land. The city (or the state, if funds are available) would be committed to paying $400,000 for the ramp reversals. Minutes Regular Council Meeting May 31, 1994 Page 6 Responding to Council Member Martin's question, Mr. Garza stated that the capital funds for the project would be raised by selling a certificate of obligation. He said the revenues of the golf course would be pledged but the sales tax itself could not be specifically pledged because it is not allowed by state law. Mr. Martin suggested that Representative Berlenge might be able to assist Mr. Garza in investigating that matter. Mr. Martin also asked how the figure of 4.5 million tourists visiting Corpus Christi annually was obtained. Mr. Garza replied that a state agency compiled those statistics. He added that Corpus Christi is the number one tourist destination in the state (San Antonio is the number one overall destination in the state). Mr. Martin discussed the importance of ensuring that the proposed factory outlet center is a true outlet center. He also addressed the issue of governments providing off- site improvements and incentives to retail centers, hotels, apartment complexes, and health care facilities. He expressed concern about the fact that the ramp reversals were such an integral part of the agreement to build the outlet center. Complying with Mayor Rhodes' request that he address Council Members' concerns, Mr. Samberg said that the developer he represents, Charter Oak Partners of Virginia, builds true outlet centers and not off-price centers, requiring that no more than 10 percent of the tenants be non -manufacturers. Responding to Council Member Best, Mr. Samberg described some of the building specifications for the outlet center to compensate for the area's low elevation. Responding to Dr. Best, a discussion ensued regarding the ramp reversals and traffic directions. Council Member Longoria made a motion to act on the original Garnett Brooks -City of Corpus Christi agreements and to commit to the ramp reversals should the factory outlet center commit to construction; seconded by Mayor Rhodes. Mr. Galindo stated that the golf course and RV park should be built concurrently to ensure completion of the RV park. Mayor Rhodes said she shared Mr. Galindo's concern about the RV park, but said it would not be appropriate to include that condition in Mrs. Longoria's motion because the outlet center and RV park will be built by two different developers. Mr. Garza stated that if the motion was approved, the Council would still need to approve the individual contracts for the projects. He said it would be appropriate to raise the Council's concerns during the negotiation and modification of those contracts. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 31, 1994 Page 7 4. M94-145 Motion to act on the original Garnett Brooks -City of Corpus Christi agreements and to commit to the ramp reversals should the factory outlet center commit to construction and should State assistance not be available. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper and Noyola voting "No." Mayor Rhodes called for a five-minute recess. Mayor Rhodes opened discussion on Item 5, approval of the Enterprise Community Application. Mr. Tom Utter, Group Manager of Development Services, gave a presentation on the Enterprise Community Application to the U.S. Department of Housing and Urban Development. He described what constitutes an enterprise community and illustrated what area of Corpus Christi would be designated as the enterprise community. Mr. Utter introduced Ms. Karen Richmond, who has been assisting the Enterprise Community Steering Committee in the formulation of the HUD application. She noted that the enterprise community is a grassroots -driven effort to improve a specified poverty- stricken and depressed area of the city. She detailed the process through which the 40 recommendations contained in the HUD application were derived. Responding to Council Member Cooper, Mr. Utter stated that if the application is approved, the city would receive a $2.95 million grant to fund the specific programs. Mrs. Cooper thanked the members of the Steering Committee for their efforts. In response to Mr. Martin, Mr. Utter stated that six empowerment zones and 65 urban enterprise communities will be established in the country. He added that HUD has been notified that approximately 1,700 urban communities are seeking to be designated as enterprise communities to receive the federal grants. Mr. Martin said it was important to remember that other communities around the country have needs that will match, and possibly exceed, our community's needs. And if the city does not receive that HUD grant, it should not abandon the concepts of the enterprise community and try to honor the commitments delineated in the HUD application. Mr. Utter replied that staff intends to review the full application with the Planning Commission and encourage the Steering Committee members to continue volunteering their efforts to implement the programs Minutes Regular Council Meeting May 31, 1994 Page 8 listed. Council Member Moss asked whether the city would be eligible for other federal grants and, if so, if they would require matching funds. Mr. Utter replied that no matching funds were required at this time; he added that the city would continue spending the appropriated Community Development Block Grant program funds. Mr. Utter commended the Steering Committee members and Mr. Mike Reuwsaat, Director of Community Development, for their efforts. Council Member Galindo noted that the enterprise community application and the Vision 2000 plan have many elements in common. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, asked if there was any input from disabled persons in preparing the enterprise community application. Mr. Utter replied that he did not think that any disabled persons were members of the Steering Committee. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 021951 Resolution approving the Enterprise Community Application and authorizing the City Manager or his designee to submit the same to the U.S. Department of Housing and Urban Development. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 6, fresh water release requirements. Mr. Hennings explained that Texas A&M University -Corpus Christi (at that time Corpus Christi State University) conducted a study for the city regarding fresh water release requirements for the Nueces Estuary. The results were presented to the Council and the Council agreed that the results could be presented to the Nueces Estuary Advisory Council (NEAC). Mr. Hennings introduced Dr. F. Michael Speed, who spoke on behalf of Dr. Ed Jones, Director of the Center for Statistical and Quality Improvement Services (CSQIS) of Texas A&M -Corpus Christi. Dr. Speed described facets of the interim order issued by the Texas Natural Resource Conservation Commission (TNRCC). He said the CSQIS is helping to develop the plan to begin releasing the water. Minutes Regular Council Meeting May 31, 1994 Page 9 Responding to Mayor Rhodes, Dr. Speed explained that the CSQIS has completed the conceptual and theoretical studies necessary; now it needs $111,000 to physically implement the water -release plan. Council Member McNichols explained in further detail the procedures the CSQIS will establish and concerns that need to be addressed. Responding to Dr. Best, Dr. Speed explained that rain gauges had not been placed in the Nueces Estuary because the CSQIS had not yet demonstrated to NEAC that the combined inflow plan was feasible. He added that the request before the Council was to approve funding for Phase III of the CSQIS study which, when it is completed, will be presented to NEAC for its recommendation. If NEAC approves the plan, it can then be submitted to the TNRCC as an amendment to the interim order to account for combined inflows. He said the goal is to achieve an increased firm yield of 15,000 acre feet of water per year. Mr. Moss asked about salinity gauges, and Dr. Speed replied that that project is ongoing and it will be incorporated into the total project. Responding to Mrs. Cooper, Mr. Hennings confirmed that funding for this project is available in the Water Division's FY '93-'94 budget for Wesley Seale Dam. She encouraged approval of the project. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M94-140 Motion authorizing the City Manager, or his designee, to enter into Amendment No. 1 to the agreement between the City and Texas A&M University - Corpus Christi, to evaluate procedures used to establish fresh water release requirements, for a fee not to exceed $111,000, to develop operating rules and implementation procedures for fresh water releases based on combined inflows to the Nueces Estuary. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the public hearing on the proposed street closure for a portion of a 40 -foot wide county road right-of-way out of Lots 26 and 27, Section 6 and Lots 2 and 3, Section 7, Flour Bluff and Encinal Farm and Garden Tracts (Camelot Estates, Unit 2). Minutes Regular Council Meeting May 31, 1994 Page 10 There was no opposition to the closure. Council Member Galindo moved to close the public hearing and the motion was seconded and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 7.b. ORDINANCE NO. 021952 Ordinance closing and abandoning a 23,207.78 -square foot portion of a 40 -foot wide county road right-of-way out of Lots 26 and 27, Section 6 and Lots 2 and 3, Section 7, Flour Bluff and Encinal Farm and Garden Tracts (Camelot Estates, Unit 2), subject to compliance with the specified conditions, and replatting of the property within 180 days. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 594-1, Doddridoe Associates Joint Venture: A change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Hopper Addition, Block 2, Lot 12, located on the southwest corner of S. Alameda Street and Hopper Drive. Mayor Rhodes stated that the Planning Commission and staff recommended denial of a "B-1" District, and in lieu thereof, approval of a Special Permit for a parking lot subject to five (5) conditions. Mr. Brandol Harvey, Director of Planning and Development, showed a video illustrating the subject property. He also gave a history of the property's zoning and explained the staffs recommendation. The following people opposed the zoning change. Mr. Wendell Keetch, 3125 Seafoam, said he owns the property at 517 Hopper Dr. and opposes the granting of the special permit for the parking lot. He raised concerns about the effectiveness of the screening fence and increased traffic. He noted that when the owners purchased the property it was zoned "R -1B" for residential use. Mr. Charles Cartwright, an attorney with Prichard, Peeler & Cartwright, said he was Minutes Regular Council Meeting May 31, 1994 Page 11 representing Dora Salvide, whose property at 505 Hopper Dr. is next to the subject property. He gave several reasons why Mrs. Salvide and other Hopper Drive residents were opposed to the zoning change, including a decrease in property values and concern about spot zoning. Mr. Leon Loeb, the managing general partner of Doddridge Associates, the owner of the subject property, gave several reasons why the granting of the special permit would solve the parking problems at Doddridge Plaza without inconveniencing the residents on Hopper Drive. Mrs. Ann Coover, 3826 Denver St., said that her husband is a partner in the Doddridge Associates project. She spoke in favor of the proposal, saying that the screening that would be used around the parking lot would add beauty to the neighborhood. Responding to Dr. Best, Mr. Utter stated that Doddridge Associates would be permitted to build a two-story parking garage on their existing parking lot. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. Responding to Mr. Galindo, Mr. James Bray, City Attorney, explained in detail two points raised by Mr. Cartwright --deed restrictions and spot zoning. A discussion ensued regarding other properties along Alameda Street which contain both commercial and residential lots. Responding to Council Members' questions, Mr. Loeb specifically described the type of shrubbery and screening that would be used on the proposed parking lot. Responding to Mayor Rhodes, Mr. Utter confirmed that the 20 percent rule was in effect --seven affirmative votes would be needed in order to pass any change in zoning. Referring to Mr. Loeb's earlier comment that he would not object to having the proposed parking lot next to his own house, Mayor Rhodes stated that she would. She acknowledged that this zoning case was difficult to decide for many reasons, but a major point was that the property was purchased with "R-1 B" zoning. Mayor Rhodes made a motion to deny the Planning Commission's and staffs recommendation, thereby retaining the property's "R -1B" One -family Dwelling District zoning; seconded by Dr. McNichols. The motion failed by the following vote: Rhodes, Best, McNichols, and Noyola voting "Aye"; Cooper, Galindo, Longoria, Martin, and Moss voting "No." City Secretary Chapa polled the Council on Item 8 as follows: Minutes Regular Council Meeting May 31, 1994 Page 12 8. FAILED An emergency was declared and the foregoing ordinance failed by the following vote: Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; Rhodes, McNichols, and Noyola voting "No." Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 594-2, CITGO Corpus Christi Refinery: A change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Sunset Place, Block 4, Lots 4 through 8, 11 through 14, and 17, located between Nueces Bay Boulevard and Floral Street, and between Dempsey and Nueces Streets. Mayor Rhodes stated that the Planning Commission and staff recommended denial of a "B-1" District, and in lieu thereof, approval of an "AB" Professional Office District. No one opposed the zoning change. 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: 9. ORDINANCE NO. 021953 Ordinance amending the Zoning Ordinance upon application by CITGO Corpus Christi Refinery, by changing the Zoning Map in reference to Sunset Place, Block 4, Lots 4 through 8, 11 through 14, and 17, from "R -1B" One -family Dwelling District to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 19, and Council Members Minutes Regular Council Meeting May 31, 1994 Page 13 requested that Items 11, 12, 13, and 17 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M94-141 Motion authorizing the City Manager or his designee to execute a contract between the Texas Employment Commission (TEC) and the City of Corpus Christi in the amount of $17,403 for the City's portion of the expenses to establish the TEC Employment Office to be located in the Workforce Development Corporation building as part of the Weed and Seed Program. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye'; Galindo voting "No"; Noyola absent. 14. M94-143 Motion approving Change Order No. 4 in the deductive amount of $23,863 to the contract with Winship Construction Company for the Aircraft Rescue and Firefighting Facility to delete the communications portion of the electrical work and add additional interior signage. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15.a. M94-144 Motion approving the reimbursement application of Shell Development Joint Venture, developer of Reflections III Subdivision, for the installation of 703 linear feet of a 12 -inch diameter water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15.b. ORDINANCE NO. 021954 Ordinance appropriating $18,091.28 from the Water Arterial Transmission and Grid Main Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Council Meeting May 31, 1994 Page 14 16.a. RESOLUTION NO. 021955 Resolution authorizing an interlocal agreement in the amount of $76,910 with the State of Texas, Department of Public Safety, Division of Emergency Management, for the purchase of equipment to be utilized for the enhancement of emergency management and inter -governmental disaster information and planning capabilities and designating the Chief of Police as the City's official representative. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 16.b. ORDINANCE NO. 021956 Ordinance appropriating $24,410 from the State of Texas, Department of Public Safety, Division of Emergency Management to Fund No. 162-219-801.47; amending ordinance No. 021755 which appropriated $52,500 to Fund No. 102- 219-515.98 to transfer $52,500 to Fund No. 162-219-801.47. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 18. ORDINANCE NO. 021957 Ordinance authorizing the City Manager to execute an Easement for Equipment Station in favor of Southwestern Bell Telephone Company. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 19. FIRST READING ORDINANCE Authorizing the City Manager, or his designee to execute an assignment of the Airport Shuttle Service Lease with Corpus Christi Limousines Unlimited, Inc., authorized by Ordinance No. 21381 on April 28, 1992 to Airport Shuttle and Limousines Service, Inc. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Council Meeting May 31, 1994 Page 15 Mayor Rhodes opened discussion on Item 13, purchase of two high-pressure sewer and vacuum units. Council Member Martin questioned the amounts listed, and Mr. Hennings agreed that there was an error on the agenda item: the two high-pressure sewer and vacuum units would cost $264,770, rather than $64,770 as printed, for a total of awards of $285,770. Mayor Rhodes made a motion to amend Item 13 to correct the error, making the correct amount $264,770; seconded by Council Member McNichols; the motion passed unanimously. Next, Mayor Rhodes opened discussion on Item 11, Police Department computer upgrade. Responding to Mr. Galindo, Police Chief Henry Garrett stated that the Police Department's computer system had exceeded its capacity and an upgrade was needed. He said that in 1989 a new computer system was purchased and at that time it was estimated that an upgrade would be needed in five years. He added that the original system's capacity was 500 service calls per day and the department was now handling 1,000 calls per day. He estimated that another upgrade would be needed in three years. Mr. Garza stated that the funds are in the Law Enforcement Trust Account for FY '93-'94, and for FY '94-'95 the funds will be placed in the Law Enforcement Operating Budget with the understanding that if the trust account has sufficient funds, it would be paid from that account. Council Member Moss indicated that he had further comments on Item 13. He asked the age of the vacuum truck being traded in, and Mr. Garza responded that it is 51 months old. Mr. Moss asked if some of the city's specialized equipment could be pooled, and Mr. Garza stated that those particular trucks are kept too busy to be pooled. Mr. Moss asked Mr. Garza to investigate salvaging part of the truck instead of trading the whole unit in. Mr. Garza stated that he would postpone Item 13 for two weeks. 13. WITHDRAWN including trade in, from Underground, Inc., Pearland, Texas, in the amount of Minutes Regular Council Meeting May 31, 1994 Page 16 none. Toxas, in tho amount of $21,800, based on low bids. Tho total of awards is Mayor Rhodes called for comments from the audience on Item 11, and there were City Secretary Chapa polled the Council for their votes as follows: 11. M94-142 Motion approving the purchase of the upgrade of the Police Department Computer Aided Dispatch and Records Management System in accordance with Bid Invitation No. BI -194-94, from Pioneer Standard ElectronicsNarner and Associates, Austin, Texas, in the amount of $520,328.75, based on low bid. The hardware items in this purchase, in the amount of $415,008.10, will be funded through G.E. Capital through a three year lease/purchase agreement. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened discussion on Item 12, purchase of scales and computers for Solid Waste packer trucks. Responding to Mr. Galindo, Mr. Garza explained that the scales would weigh the accumulation of garbage in the packer body itself, in order to extend the life of the trucks and the roadways on which they travel by ensuring that they stay within established weight limits. Mr. Hennings explained that the hand-held computers are designed to download data from the scales. The scales are also useful because they allow the trucks to bypass the scales at the landfill. trucks. A discussion ensued regarding the need for the scales and the computers on the Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 31, 1994 Page 17 12. FAILED TO PASS The foregoing motion failed by the following vote: Rhodes, Best, Cooper, and Longoria voting "Aye"; Galindo, McNichols, Moss, and Noyola voting "No"; Martin absent. Mayor Rhodes opened discussion on Item 17, first reading ordinance of clarification of winter averaging system of utilities billing. Responding to Mr. Galindo, Mr. Garza stated that part of the amendment is designed to allow recalculation of wastewater usage for new or relocating customers based on three months of consumption at the new address. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Amending Section 55-100 of the Code of Ordinances, City of Corpus Christi, to clarify the definition of "Winter Averaging Wastewater Charge Period" and "Interim Average;" to clarify the explanation of the method of calculating a customer's bill utilizing a winter average usage; to specify that winter average wastewater usage may be calculated using meter readings or estimates of consumption; that new or relocating customers may request calculation of winter average based on three months of consumption at the new address; that customers winter average usage or interim average usage may be adjusted according to City Policy approved by the City Manager; that such City Policy shall be in writing and may be amended from time to time by the City Manager or his designee; that such City Policy, as amended, shall be on file with the City Secretary and at the Utilities Business Office; to delete certain references to 1993 in the section and providing for severability. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, Moss, and Noyola voting "Aye"; Longoria and Martin absent. Minutes Regular Council Meeting May 31, 1994 Page 18 Mayor Rhodes called for the City Manager's report. A discussion ensued about whether to present the budget during the days meeting. Mr. Garza described some of the items to be discussed at future Council meetings, and the Mayor concluded that the budget would be presented at the beginning of the June 14, 1994 meeting. Mayor Rhodes stated that a joint luncheon between city and county officials was scheduled for June 14, 1994 to discuss consolidation issues. Council Member Longoria announced that on June 4, 1994, Operation Clean Scene was scheduled at the Hialco Center on Sam Rankin Street. Members of Cadena, Police Athletic League, Juvenile Justice Center and the City of Corpus Christi were scheduled to participate. Council Member Galindo asked whether that endeavor could be undertaken in other parts of the city; Mrs. Longoria and Mr. Garza stated that it could be. Mr. Galindo stated that he had received complaints from people in the Del Mar area about city construction that had not yet been completed. He said if any citizen has a complaint regarding that work to call Mr. Utter at 880-3232. Mr. Galindo questioned wastewater and water rates, and Mr. Garza stated that the only way that wastewater revenues can be adjusted is by the Council approving a rate increase and the staff computing the resultant revenues from one year to the next. Council Member Cooper requested that the city recognize Mr. Joe Dawson, one of the heroes of the D -Day invasion; Mayor Rhodes agreed that he should be recognized at a future Council meeting. Mrs. Cooper stated that she is having a town hall meeting for District 5 residents on June 16, 1994 in the Council Chambers. Responding to a question from Mr. Moss regarding repair of the Water Gardens, Mr. Garza stated that he had not set aside funds for its repair in FY '93-'94 and that he is proposing that those funds be allocated in the FY '94-'95 budget. Council Member Noyola congratulated the Barracudas baseball team on their recent victory. He asked whether the back taxes owed on the old County Courthouse were collectable, and Mr. Garza responded that they were not. A discussion ensued about the future of the old courthouse. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:35 p.m. on May 31, 1994.