HomeMy WebLinkAboutMinutes City Council - 07/12/1994I 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 July 12, 1994, which were
approved by the City Council on July 19, 1994.
WITNESSETH MY HAND AND SEAL, this 20th day of July, 1994.
Armando Chapa
City Secretary
SEAL
MICROFILMED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 12, 1994
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Melody Cooper
Council Members:
Dr. Jack Best
Cezar Galindo
Betty Jean Longoria
Dr. David McNichols
Clif Moss
David Noyola
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
ABSENT
Edward Martin
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Mr. Doug Wade, First Church of Christ Scientist,
following which the Pledge of Allegiance to the Flag of the United States was led by
Council Member Best.
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 June 28, 1994, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes recognized City Manager Garza for his 10 years of service to the
City of Corpus Christi and presented him with a service pin.
Minutes
Regular Council Meeting
July 12, 1994
Page 2
Mayor Rhodes referred to the Board and Committee appointments on the day's
agenda and the following appointments were made:
Mechanical/Plumbing Advisory Board
Joe G. Frazer
Planning Commission
Michael Bertuzzi - Reappointed
Alma Meinrath - Reappointed
Danny Noyola
Senior Community Services Advisory Committee
Carmen Arias
Senior Companion Program Advisory Committee
Julian Avendaf o
Mayor Rhodes opened discussion on Item 1, public hearing and discussion on the
proposed budget for Fiscal Year 1994-95.
Mrs. Elizabeth Kirkland, chairperson of the Library Board, stated that approximately
one million people visit the Central Library and the four branch libraries every year, which
have been the recipients of about $2.5 million in individual donations and grants. She
recognized the support of this City Council and recent City Councils, but urged them to
do more by allocating more funds for new books and a larger administrative staff. Mrs.
Kirkland said that since bond funds from previous years have been spent, the library's
proposed $2.4 million budget for FY 1994-95 was comparable to budgets from the mid-
1980s.
Mr. Mark Jaggard also urged the Council to allocate more funds for books and
programs and to continue the library's existing services.
Mr. Joe O'Brien, 4130 Pompano, stated that $100,000 which had originally been
allocated to the Downtown Management District be reallocated to the library budget. He
also questioned when the planned southside fire station would be built, and stated his
opposition to the six percent utility fee increase which the Council had approved in
December 1993.
Minutes
Regular Council Meeting
July 12, 1994
Page 3
Responding to Mayor Rhodes, City Manager Garza said that the city could provide
funding to the Downtown Management District on a contingency basis until it is
determined if the DMD will be able to raise its own funds. He also gave a short
explanation of the funding package designed for capital improvements to the utility system
as well as alternate water resources.
Referring to a statement made by Mr. O'Brien, Mayor Rhodes acknowledged that
at one time she felt the Economic Development Corporation should fall under the
auspices of the city, but she said that she no longer feels that way. Also referring to one
of Mr. O'Brien's comments, Mr. Garza stated that funds for the new southside fire station
were not available in the proposed budget, but plans would be made to begin preparing
for that construction.
Responding to Council Member Best, Mr. Jaggard stated that the library staff had
requested approximately $50,000 more for administrative expenses and $175,000 for the
book budget than what was allocated in the proposed budget.
In response to Council Member Moss, Mr. Garza explained that $235,000 from the
sale of the Frost Brothers building was reimbursed to the Corpus Christi Community
Improvement Corporation. Mr. Moss asked if those funds could be transferred to the
library fund, and Mr. Garza stated that the library was seeking permanent funding. Mr.
Moss suggested that the revenue from the fines and fees charged by the libraries be
earmarked for the library fund, not for the General Fund as they had in the past. Mr.
Garza replied that it was in the Council's authority to do so, but the libraries' revenues
would not be sufficient to support its budget --it would still need tax dollars from the
General Fund to break even. Upon Mr. Moss's suggestion, Mr. Garza added that the
Council could vote to earmark for the Library Department only those revenue funds
acquired over and above the revenue budget.
Council Member McNichols pointed out that the proposed budget did not raise the
property tax rate, even though there are many unmet needs in the community which could
be funded with an increase in property taxes. Responding to Dr. McNichols, Mr. Garza
noted that the proposed budget also maintained the current level of city services.
Council Member Longoria expressed her support of earmarking excess revenue
funds to the library budget during the next fiscal year.
Mayor Rhodes noted that advocacy groups such as the Friends of the Library are
important, adding that some city departments do not have such advocacy groups
supporting their objectives.
Council Member Galindo proposed that staff and Council determine a way to
provide more money to the library's book fund. A brief discussion ensued regarding
revenues presently being generated at the libraries.
Minutes
Regular Council Meeting
July 12, 1994
Page 4
Mr. Phil Rosenstein, 949 Bobalo Dr., stated that police and fire protection should
be the city's main priority and the employees in those departments should be fairly
compensated.
Ms. Gloria Perez, 1317 7th St., stated her opposition to the utility rate increase,
adding that any available funds should be allocated to low-income families to assist them
in paying their utilities.
Mr. Abel Alonzo, 1701 Thames, an advocate for the disabled, stated that even
though the city has improved accessibility for disabled persons, more work needed to be
done. He encouraged the Council and staff to seek additional funding sources, such as
working with the Regional Transportation Authority.
Mr. O.K. Smith, 1802 Amazon, and a member of the board of directors of the
Volunteer Center, said the Volunteer Center was asking for $6,400 in support of the
Alternative Community Service Program. He thanked the Council for their support in the
past, explaining that to date, the Volunteer Center has placed over 7,000 referrals in
community service from the Municipal Court system through 80 different agencies. Mayor
Rhodes noted that the Volunteer Center's request was included in the proposed budget.
Mr. Leon Perez, 904 Buford, stated that he was opposed to the utility rate
increase.
Mr. John Tanguma, president of the Corpus Christi Firefighters Association Local
936, urged that the firefighters and EMS personnel be paid professional wages,
explaining that currently, most local firefighters are being paid three to six percent below
the state average. He noted that the firefighters had not received a pay increase since
August 1992.
Council Member Longoria made a motion to close the public hearing on the
budget, seconded by Dr. Best, and passed unanimously.
Mayor Rhodes said that the citizens' comments during the public hearing were
indicative of the budget process: half the group wants more services and the other half
wants no fee increases, which results in a difficult balancing act.
Mr. Galindo reemphasized the need to allocate funds to hire two additional
neighborhood improvement inspectors.
Responding to Dr. McNichols, Mr. Garza stated that the vast majority of
lease/purchase agreements were in the Maintenance Services Department, through which
most of the equipment is purchased; it was not included as part of the debt service.
Council Member Noyola expressed his support for the proposed budget.
Minutes
Regular Council Meeting
July 12, 1994
Page 5
Regarding the need for a larger book budget for the library, he suggested that funds
might be obtained through the school districts. He also stated his support of fire and
police personnel.
In response to Mr. Moss, Mr. Garza stated that the first vote on the proposed
budget was planned for the next Council meeting on July 19, 1994, with the final vote on
July 26, 1994. Mr. Moss asked that his previous suggestion regarding earmarking excess
library revenues to the Library Department be included as an addendum to the proposed
budget.
Replying to Mr. Galindo, the City Manager explained that improvements to water
and wastewater systems are financed through revenues from the combined utilities --
water, wastewater and gas.
Mrs. Longoria asked how much it would cost to hire the two new inspectors
referred to by Mr. Galindo, and Mr. Garza replied that it would cost approximately
$59,000; he added that there are currently eight neighborhood inspectors. Mrs. Longoria
stated her support for the two additional inspectors. Mr. Garza noted that it was the goal
of the Community Development Department to become more proactive --initiating
neighborhood improvements instead of just responding to complaints.
Mayor Rhodes stated that the calls she has received from citizens did not indicate
that there was an urgent need for two additional neighborhood inspectors. She asked Mr.
Garza to give his recommendation whether funds should be allocated for two new
inspectors. A brief discussion ensued regarding funding for those two proposed positions.
Referring to a letter from a citizen in his district about street repairs, Dr. McNichols
stated that unmet needs in the city, such as street repairs, will continue to remain
unfunded due to insufficient revenue, which continues to create problems for citizens.
Responding to Dr. Best, Mr. Garza stated that grant monies from the Federal
Aviation Administration (FAA) are used to improve such areas as the apron at the Corpus
Christi International Airport. Other improvements that are needed must be funded, when
possible, through the city's capital improvements reserve account. He added that the city
is now able to use the passenger facility charges as the city's portion of the FAA
matching grants. A brief discussion ensued regarding needed improvements at the
airport.
Council Member Cooper stated her support of the proposed budget, noting that it
was a fair allocation of the available funds. She said she would be in favor of additional
funds for the library if they can be obtained. She acknowledged that each Council
Member would like to have more money allocated for projects or improvements in their
districts, but that is impossible unless taxes are raised, which is an unpopular proposal.
Minutes
Regular Council Meeting
July 12, 1994
Page 6
Mayor Rhodes opened discussion on Item 2, closing of street sections for the
Texas Jazz Festival.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Saundra Koenning polled the Council for their votes as
follows:
2. M94-173
Motion approving the application by the Texas Jazz Festival Society for closing the
following street sections for activities associated with the 34th Annual Texas Jazz
Festival on July 29-31, 1994:
a. 300-500 blocks of North Chaparral (William Street - Peoples Street)
b. 300-400 blocks of Schatzel Street (Water Street - Mesquite Street)
c. 300-400 blocks of Lawrence Street (Water Street - Mesquite Street)
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 3, authorization of the sale of foreclosed
properties.
Mayor Rhodes called for comments from the audience, and there were none.
Responding to Council Member Moss' question, City Manager Garza stated that
the city may have liens filed on a particular piece of property for mowing, demolition or
other matters; however, there are only a few properties in the city where the taxes and
liens exceed the appraised value. He also discussed the factors that are considered in
whether to foreclose on a piece of property.
Assistant City Secretary Koenning polled the Council for their votes as follows
regarding resolutions authorizing the sale of foreclosed properties as follows:
3.a. RESOLUTION NO. 021977
Lots 13 and 14, Block 3, San Pedro Addition, City of Corpus Christi, Nueces
County, Texas (719 Dolores Street); prospective buyer is Abelardo Teniente; and
amount offered is $3,500.
Minutes
Regular Council Meeting
July 12, 1994
Page 7
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
3.b. RESOLUTION NO. 021978
The North 1/: of Lot 6, Block 23, Meadow Park Addition, City of Corpus Christi,
Nueces County, Texas (401 Osage Street); prospective buyers are Gilberto and
Gloria Gutierrez; and amount offered is $1,350.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
3.c. RESOLUTION NO. 021979
Lot 16, Block 2, Home Place, City of Corpus Christi, Nueces County, Texas (214
17th Street); prospective buyer is Adan Rangel; and amount offered is $750.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
3.d. RESOLUTION NO. 021980
The South 28 feet of Lot 5, Block 19, Central Park Unit 4, City of Corpus Christi,
Nueces County, Texas (3800 block of Lincoln Street); prospective buyers are Mr.
and Mrs. Walter Jones; and amount offered is $500.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
3.e. RESOLUTION NO. 021981
The South ' of Lot 2, Block 19, Meadow Park Addtion, City of Corpus Christi,
Nueces County, Texas (300 block of Virginia Street); prospective buyer is
Ernestina R. Pantoja; and amount offered is $600.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
Referring to the previous discussion regarding foreclosures, Mr. Garza noted that
staff was not aware of any large developers who were delinquent on their payments.
Mayor Rhodes opened discussion on Items 4.a. through 4.e., appropriations and
Minutes
Regular Council Meeting
July 12, 1994
Page 8
contracts associated with the Corpus Christi International Airport.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
4.a. ORDINANCE NO. 021982
Ordinance appropriating a Federal Aviation Administration Grant in the amount of
$2,693,322 for various improvements included in Grant No. AIP 3-48-005 1-20-94
and appropriating $371,552 of Passenger Facility Charge Revenues of which
$259,951 will be allocated to reimburse Capital Reserve Funds advanced for the
ARFF Building and electrical improvements projects and $111,601 will be allocated
to the Commercial Apron and Runway 13/31 Rehabilitation projects.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola
voting "Aye"; Martin absent.
4.b. M94-174
Motion awarding a contract to Harrop Construction, Inc. in the amount of
$400,143.17 to rehabilitate the Commercial Aviation Apron.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
4.c. M94-175
Motion awarding a contract to Kinsel Industries, Inc. in the amount of $498,659.60
to rehabilitate portions of Runway 13/31.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
4.d. M94-176
Motion awarding a contract to Bay, Inc. in the amount of $1,101,185.20 to
construct the west General Aviation Apron improvements and the Taxiway "G"
paving and lighting improvements.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
Minutes
Regular Council Meeting
July 12, 1994
Page 9
4.e. M94-177
Motion approving Amendment No. 6 to the contract for Engineering Services with
Russell-Veteto in the amount of $58,810 for construction phase services
associated with projects included in AIP No. 3-48-005 1-20-94.
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 5, amending the Code of Ordinances
regarding traffic.
Responding to Council Member Galindo, Mr. Carl Crull, Director of Engineering,
explained that the city's current traffic ordinances were written prior to the establishment
of center turning lanes. He said the proposed ordinance would, among other things, allow
for motorists to turn into the center turn lane from an intersecting cross street or driveway
in order to merge with the main street traffic. He added that it would also restrict left
turns in certain areas of the city during certain hours of the day.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
5. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of
Vehicles, Section 53-120 - Left Turn Restricted and Section 53-121 - Emerging
From or Entering Alley, Private Driveway, Building, Etc.; and providing for
publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Cooper and
Martin absent.
Mayor Rhodes opened discussion on Item 6, on -board scales and computers for
Solid Waste packer trucks.
City Manager Garza noted that this item had been postponed during a previous
Council meeting, and he brought it back for consideration because he was convinced that
use of the proposed scales and computers would significantly reduce the wear and tear
Minutes
Regular Council Meeting
July 12, 1994
Page 10
on the packer trucks and on the streets, which converts into future savings for the city.
Council Member Moss commented that other steps could be taken to avoid
overloading of the packer trucks, rather than purchasing the scales. Mr. Garza responded
that there are many times when the Solid Waste Services employees are not be able to
accurately determine the weight of the garbage in the trucks (such as when the garbage
is wet), and the scales and computers enable them to do that.
Council Member McNichols said that he and other members of the Administrative
Analysis Committee felt a manual system could be developed to extensively train the
employees about the proper packing of the trucks to avoid overloading. He noted that
the proposed scales would only outfit half of the fleet of trucks, and that the total
expenditure for scales and computers would eventually be approximately $500,000. Mr.
Garza stated that the crews are already employing those manual analyses. He added
that the scales, which would increase the crews' efficiency, would be an investment which
would pay for itself.
Council Member Galindo gave a variety of reasons why he did not support the
proposed ordinance, including the expense of the scales.
Responding to Council Member Longoria, Mr. Garza explained how the new
system on the trucks would prevent overloading.
Council Member Noyola expressed his opposition to the purchase of the scales.
Council Member Cooper stated that she supported the proposition because of the
savings that would be incurred through Tess wear and tear on the trucks and the streets
on which they travel.
Council Member Best cautioned the other Council Members about trying to micro -
manage the city; he noted that the City Manager was hired to make managerial decisions
and it was the Council's job to make policy decisions. Dr. McNichols responded that it
was the Council's job to decide whether to spend the taxpayers' money on such large
expenditures as the truck scales.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
6. M94-178
Motion to approve the purchase of twenty-two On -Board scales, including system
up -grade, and two hand-held computers in accordance with Bid Invitation No. BI -
204 -94, from Davis Truck and Equipment Company, San Antonio, Texas, based
Minutes
Regular Council Meeting
July 12, 1994
Page 11
on sole source. The total expenditure is $244,960. The equipment was budgeted
as lease purchase items in the 93-94 budget as part of the Solid Waste packer
trucks. The scales and system upgrades, $239,360, will be funded through the
lease/purchase line of credit contract with GE Capital.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Longoria, and Moss voting "Aye'; Galindo, McNichols and Noyola voting "No";
Martin absent.
Mayor Rhodes opened the public hearing on the following zoning application:
7. Case No. 694-2, Harry Williams: A change of zoning from "R -1B" One -family
Dwelling District to "B-1" Neighborhood Business District on Colonia Hidalgo, Block
6, Lot 14C, located on the south side of West Point Road, approximately 100 feet
west of Barrera Drive.
Mayor Rhodes stated that the Planning Commission and staff recommended
approval.
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 Cooper, and passed unanimously.
Council Member Noyola, in whose district the proposed zoning change would
occur, stated that he had received calls from his constituents opposing the proposed
change. He said that problems would occur if the proposed business (a repair shop for
furniture and appliances) would open on that property. Mr. Brandol Harvey, Director of
Planning and Development, explained that the applicant, Mr. Harry Williams, was
proposing that the lot in question be zoned "B-1" Neighborhood Business District, which
would match the zoning of the lots on either side. Mr. Harvey added that when the three
lots are combined, they meet the required lot area and frontage standards. Mr. Noyola
reiterated his opposition to the proposal.
Council Member Galindo said he opposed the zoning change because of the
proximity of residences.
Responding to Council Member Longoria, Mr. Tom Utter, Group Manager of
Development Services, explained that the subject property was an isolated piece of "R-
1 B" residentially zoned property between two "B-1" zoned properties. Mr. Harvey then
showed a video of the subject property.
Minutes
Regular Council Meeting
July 12, 1994
Page 12
Assistant City Secretary Koenning polled the Council for their votes as follows:
FAILED.
An emergency was declared and the foregoing ordinance failed by the following
vote: Rhodes, Best, Longoria, and Moss voting "Aye"; Galindo and Noyola voting
"No"; Cooper, Martin and McNichols absent.
Mayor Rhodes opened the public hearing on the following zoning application:
8. Case No. 694-3, Gabe Lozano, Jr.: A change of zoning from "R -1B" One -family
Dwelling District to "AB" Professional Office District on Phillips Addition, Block A,
Lot 14, located on the east side of Cleo Street, approximately 70 feet north of
Baldwin Boulevard.
Mayor Rhodes stated that the 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
Mayor Rhodes, and passed unanimously.
Responding to Council Member Galindo, Mr. Harvey explained that a special
permit was not considered in this case because it was not deemed necessary; he added
that the staff and Planning Commission felt that the "AB" zoning for the subject property
(on which the owner said he will build a parking lot) would be beneficial to the
neighborhood.
Mr. Galindo made a motion that the "AB" zoning be denied and in lieu thereof,
issue a special permit to build a parking lot. The motion died for lack of a second.
Assistant City Secretary Koenning polled the Council for their votes as follows:
ORDINANCE NO. 021983
Ordinance amending the Zoning Ordinance upon application by Gabe Lozano, Jr.,
Minutes
Regular Council Meeting
July 12, 1994
Page 13
by changing the Zoning Map in reference to Phillips Addition, Block A, Lot 14, 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, Longoria, McNichols, and Moss voting "Aye"; Galindo
voting "No"; Martin and Noyola absent.
Mayor Rhodes opened the public hearing on the following zoning application:
9. Case No. 694-4. Sunrise Clock Shoppe. Inc.: A change of zoning from "R -1B"
One -family Dwelling District to "8-1" Neighborhood Business District on Alameda
Park, Block 6, Lots 33 and 34, located on the east side of Everhart Road,
approximately 250 feet south of Avalon Street.
Mayor Rhodes stated that the Planning Commission and staff recommended denial
of the zoning application.
Mr. Harvey showed a video of the subject property and described the area
surrounding it.
Mayor Rhodes called for comments from the audience.
Mr. Joel Ferris, 4106 Woodland Creek, owner of the Sunrise Clock Shoppe Inc.
(the applicant), addressed some of the Planning Commission's and staffs concerns
regarding the subject property. He said the street in front of the property had just been
restriped to include a fifth lane, and his survey of his business indicated an average of
seven cars entering and leaving the parking lot each day. He said the number of renters
far exceeded the number of homeowners on the block. Responding to Council Members'
questions, Mr. Ferris described the lots surrounding his business.
Responding to Council Member Longoria, Mr. Utter stated that the staff predicted
the east side of Everhart Road near the subject property would probably be zoned "AB"
in the future; across the street there are stable residences. Mr. Harvey explained that the
applicant had requested "B-1" zoning because his business did not meet the requirements
for "AB" zoning, which is specifically designed for low -intensity personal and professional
service operations (professional offices, etc.); "B-1" zoning allows for almost any retail use
that does not require outside storage.
Mayor Rhodes stated that a special permit could meet the applicant's needs, and
Council Member Cooper stated her support of that.
Minutes
Regular Council Meeting
July 12, 1994
Page 14
Mr. Harvey suggested that the subject property and an adjacent lot owned by the
applicant be combined and replatted, resulting in a larger, more viable lot in which parking
could be permitted.
Council Member Cooper made a motion to deny a change of zoning from "R -1B"
One -family Dwelling District to "B-1" Neighborhood Business District on Alameda Park,
Block 6, Lots 33 and 34, located on the east side of Everhart Road, approximately 250
feet south of Avalon Street, and in lieu thereof, granting a special permit subject to
specified conditions; seconded by Council Member Moss.
Mr. Galindo stated that he would not be in favor of the special permit until it can
be determined how much the replatting requirements would cost the applicant.
Responding to Dr. McNichols, Mr. Harvey stated that the lots in the area of the subject
property will probably eventually evolve from "AB" zoning to "B-1" zoning.
Mr. Ferris said he would be agreeable to the replatting provision.
Assistant City Secretary Koenning polled the Council for their votes as follows:
ORDINANCE NO. 021984
Amending the zoning ordinance upon application by Sunrise Clock Shoppe, Inc.,
by granting a special permit for clock sales and service shop subject to two (2)
conditions on Alameda Park, Block 6, Lots 33 and 34; and providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola
voting "Aye"; Martin absent.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 10 through 25, and Council Members
requested that Items 10, 12, 14, 17 and 19 be withheld for discussion.
Assistant City Secretary Koenning polled the Council for their votes and the
following were passed:
11. M94-180
Motion approving the purchase of emergency information system software from
EIS International, Rockville, MD, for the amount of $28,700, and eight GE 800
MHz radios from Ericsson GE, Portland, Texas for the amount of $18,699.15,
Minutes
Regular Council Meeting
July 12, 1994
Page 15
based on sole source. The software and radios are for the Police Department,
Emergency Management Division. The equipment will be used by the City, Naval
Air Station and the Department of Public Safety, and funding will be provided by
reimbursement from the Texas Department of Public Safety through an interlocal
agreement between the State of Texas and the City.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
13. M94-182
Motion approving the purchase of three modular play systems with accessories in
accordance with Bid Invitation No. BI -0142-94, from Thompson Recreation
Products, New Braunfels, Texas, based on the only bid of $24,991.59. These play
systems will be installed by Park & Recreation Department's construction crews
at Retta Park, Camargo Park, and the Father Fernandez site. Funds are available
from the Retta Park Trust Account, Park Bonds and the 18th year CDBG.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
15. M94-184
Motion approving a supply agreement for 3,100 tons of sandy loam in accordance
with Bid Invitation No. BI -0203-94 with Haas Resources Company, Corpus Christi,
Texas based on low bid for an estimated annual expenditure of $26,350. The term
of the contract 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 have been budgeted by Parks and Recreation,
Gas, Water, Wastewater and the Street Department in FY 93-94 and requested
for FY 94-95.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
16. M94-185
Motion awarding a contract in the amount of $167,721.72 to the Pat Baker
Company, Inc. to improve the spur railroad track serving the O.N. Stevens Water
Plant.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
Minutes
Regular Council Meeting
July 12, 1994
Page 16
18. M94-187
Motion awarding a contract in the amount of $55,266.75 to A. Ortiz Construction
& Paving, Inc., to remove and replace curb and gutter on Lum Street between
Kimbrough and McArdle.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
20. M94-189
Motion authorizing the acquisition of Parcels 2 and 3 located on Greenwood Drive
between Padre Island Drive and Holly Road for $45,000 in connection with the
Greenwood Drive Improvements Project.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin absent.
21. ORDINANCE NO. 021985
Ordinance authorizing the execution of an Assignment of Lease agreement with
Pittencrief America, Inc. for a Surface Lease for directional drill sites.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola
voting "Aye"; Martin absent.
22. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of
Vehicles, Section 53-131, 53-132, and 53-133 relating to placement of Stop and
Yield signs on streets intersecting with through streets; and providing for
publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye";
Martin absent.
23. ORDINANCE NO. 021986
Authorizing the Issuance of a Certificate of Convenience and Necessity to Mr. Mike
Pokrass, President and Owner of "A Taxi" Cab Company for the operation of a
maximum of five taxicabs within the City of Corpus Christi for a five-year period
effective upon final reading of ordinance; subject to compliance with all terms and
Minutes
Regular Council Meeting
July 12, 1994
Page 17
conditions established in Chapter 57, Article II, Taxicabs, of the Code of
Ordinances.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Noyola voting
"No"; Martin absent.
24. ORDINANCE NO. 021987
Amending the Code of Ordinances, Chapter 53 -Traffic, Article VIII - Schedules,
Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by
reducing the speed limit on Rodd Field between Saratoga Boulevard and the
South City Limits from 55 MPH to 50 MPH; and providing for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye";
Martin absent.
25. ORDINANCE NO. 021988
Authorizing the City Manager to execute a five year lease agreement with Bayfest,
Inc. for the use of the Grande -Grossman House, parts of lots 4, 5, and 9, block 61,
Beach Addition, in Heritage Park as their business offices; for a monthly fee of
$325; and providing for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye";
Martin absent.
Mayor Rhodes opened discussion on Item 10, purchase of a Chevrolet Suburban
through a grant from the Coastal Bend Health Facilities Development Corporation.
Responding to Council Member Galindo, City Manager Garza explained that Fire
Chief J.J. Adame was requesting a larger vehicle to accommodate the larger equipment
being transported by emergency medical staff. He explained the ways in which the
equipment would be utilized and the necessity of the larger vehicle at emergency scenes.
Council Member McNichols further explained the benefit of having the equipment
available.
In response to Council Member Moss, Mr. Garza stated that it was the staffs policy
to seek bid's from companies in the area, and only one bid was received.
Minutes
Regular Council Meeting
July 12, 1994
Page 18
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
10. M94-179
Motion approving the purchase of one Chevrolet Suburban, in accordance with Bid
Invitation No. BI -0213-94, from Bay Chevrolet, Corpus Christi, on the basis of only
bid in the amount of $23,911. Funds in the amount of $22,800 are made available
through a grant from Coastal Bend Health Facilities Development Corporation.
The remaining funds are from the Fire/EMS 93-94 capital outlay budget.
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 computers.
Council Member Galindo made a motion to table the proposal for one week to
review the specifications regarding the requirement that the computers be a specific
brand. Mr. Garza replied that the city's contract with the state for the grant monies
required that particular brand. Mayor Rhodes called for a voice vote on the motion and
it failed.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
12. M94-181
Motion approving the purchase of three personal computers in accordance with Bid
Invitation No. BI -245-94 from Vanstar, Inc., Corpus Christi, based on low bid of
$26,325. The computers are for the Police Department, Emergency Management
Division and will be used by the City, Naval Air Station and the Department of
Public Safety. Funding will be provided by reimbursement from the Department
of Public Safety through an interlocal agreement between the State of Texas and
the City.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Longoria, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No"; Martin
absent.
Minutes
Regular Council Meeting
July 12, 1994
Page 19
Mayor Rhodes opened discussion on Item 14, supply agreement for lawn
maintenance.
Council Member Moss questioned the ability of the contractor which was awarded
the agreement to perform the work required, and Mr. F.D. Glenn, Purchasing Agent,
responded that staff did have experience with the contractor. Mr. Garza noted that in the
event the contractor does not perform satisfactorily, the city can cancel the contract.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
14. M94-183
Motion approving a supply agreement for lawn maintenance of 15 locations
belonging to the Water Department in accordance with Bid Invitation No. BI -0196-
94 with Galbraith Enterprises, Portland, Texas based on the low bid of $31,780.
The term of the contract will be 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 included in the Water Department Budget FY
93-94 and have been requested for FY 94-95.
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 17, rehabilitation and repainting of the
Tule Lake Lift Bridge.
Responding to Council Member McNichols, Mr. Crull stated that a replacement of
the Tule Lake Lift Bridge, a mid-level bridge which the Port of Corpus Christi would like
to have, would cost approximately $30 million. He explained the importance of the
present bridge, adding that the proposed major maintenance was the first to be performed
since the bridge was built in 1960.
Council Member Cooper asked why the Texas Department of Transportation had
not discovered some of the lift bridge's problems sooner, and Mr. Crull responded that
he could not answer since the city was relying on TXDOTs expertise in the matter.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
Minutes
Regular Council Meeting
July 12, 1994
Page 20
17. M94-186
Motion authorizing an additional payment of $15,721.04 to Nueces County as
partial payment of the City's share of costs associated with the rehabilitation and
repainting of the Tule Lake Lift Bridge. A previous refund in the amount of
$57,309.96 will also be returned. The total payment to Nueces County will be
$73,031.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Longoria, McNichols, Moss, and Noyola voting "Aye"; Galindo and Martin absent.
Mayor Rhodes opened discussion on Item 19, rejection of bids for supply
agreement on mowing.
Responding to Dr. McNichols, Mr. Garza stated that he was gathering figures to
determine if it would be more economical for the city to undertake the mowing operations
rather than contract it out.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
19. M94-188
Motion rejecting bids received under Bid Invitation No. BI -0158-94 for a supply
agreement for the mowing of approximately 651 acres of street right-of-way for the
Stormwater Activity based on lack of competition.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Longoria, McNichols, Moss, and Noyola voting "Aye"; Galindo and Martin absent.
Mayor Rhodes recognized two members of the audience who had wanted to
address Item 23 on the consent agenda, second reading of an ordinance authorizing the
issuance of a Certificate of Convenience and Necessity to Mr. Mike Pokrass, president
and owner of "A Taxi" Cab Company.
Ms. Stephanie Fisher, manager of Yellow Checker Cab Company in Corpus Christi,
stated that due to an emergency at her business she was not able to attend the June 28,
1994 Council Meeting when the ordinance was discussed and passed on first reading.
She questioned Mr. Pokrass' experience and ability to operate a taxi cab company.
Minutes
Regular Council Meeting
July 12, 1994
Page 21
Mayor Rhodes stated that the Council had agreed to grant five operating permits to Mr.
Pokrass but would not look favorably on granting more taxi cab permits in the future
unless a definite need could be demonstrated.
Mr. Sterling Branscomb, an employee of Yellow Checker Cab Company, said that
he had also not attended the June 28, 1994 Council meeting, and stated his opposition
to the granting of permits to Mr. Pokrass.
Mayor Rhodes announced the closed session as follows:
26. Closed session pursuant to Texas Government Code Sections 551.071 and
551.074 regarding appeal of Charles Maxwell from decision of the Civil Service
Board; with action of such appeal in open session.
27. Closed session pursuant to Texas Government Code Sections 551.071 regarding
Ruth Ann Lee, et al v. City of Corpus Christi, No. 93-1574-C, 94th District Court,
Nueces County, Texas; with possible action approving settlement thereof in open
session.
The Council went into closed session.
The Council returned from closed session.
Regarding Item 26, Mayor Rhodes made a motion as follows: pursuant to Section
2-38 of the City Code, (1) that the City Council find, based upon the written statements
filed by the appealing party and the prevailing party, that the Civil Service Board decision
upholding the termination of Charles Maxwell was supported by sufficient evidence and
facts have not been presented which would justify reversal of the board's decision, and
(2) that the appeal of Charles Maxwell be denied without further proceedings. The motion
was seconded by Council Member Noyola
City Secretary Chapa polled the Council for their vote on the motion, and the
motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria,
McNichols, Moss, and Noyola voting "Aye"; Martin absent. (M94-190)
In reference to Item 27, Mayor Rhodes made a motion as follows: that the City
Manager be authorized to execute an agreement settling the claims of Ruth Ann Lee and
her husband, Roger Lee, in the case of Ruth Ann Lee, et al v. City of Corpus Christi, No.
93-1574-C, 94th District Court, Nueces County, Texas, for $130,000, in accordance with
the settlement negotiated by the city's attorney. The motion was seconded by Council
Minutes
Regular Council Meeting
July 12, 1994
Page 22
Member McNichols.
City Secretary Chapa polled the Council for their vote on the motion, and the
motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria,
McNichols, and Noyola voting "Aye"; Moss voting "No"; Martin absent. (M94-191)
Mayor Rhodes called for the City Manager's report.
Mr. Garza stated that the slips in the marina were beginning to be rehabilitated.
Mayor Rhodes called for Council concerns and reports.
Dr. Best stated that the Consolidation Committee would meet on Friday, July 15,
1994 at City Hall. He added that he, Nueces County Judge Robert Barnes and Deputy
City Manager Bill Hennings met on July 8, 1994 to discuss plans for the meeting. He
commented on the meetings being held about desalinization.
Responding to Mr. Moss regarding closing of streets for the Texas Jazz Festival
(Item 2 on the day's agenda), Mr. Utter explained that the Jazz Festival organizers had
obtained the necessary permission from the property owners in the areas of the closed
streets only recently, even though the Jazz Festival had been promoted before that time.
A brief discussion ensued. Mr. Moss also encouraged the city to develop an aggressive
plan to market the marina. Regarding lease/purchase agreements versus bonds, Mr.
Garza stated that according to the city's financial advisor, the lease/purchase agreements
were still more economical.
Mr. Galindo announced that on July 27, 1994 the Corpus Christi Barracudas
baseball team would be holding a special game in which the admission would be a
baseball, glove or bat which would be donated to the YMCA and the Boys and Girls Club.
Mrs. Longoria invited the Council Members to a ribbon cutting ceremony at the
Nueces River Park on July 19, 1994 at noon. She also noted that there was a
dilapidated building on the north end of Daws Street which needed attention.
Dr. McNichols distributed information regarding bills being introduced in the U.S.
House and Senate relating to the city's Choke Canyon debt. He thanked Congressman
Solomon Ortiz and Senator Kay Bailey Hutchison for their support and efforts.
Mayor Rhodes announced that it was her intention to make a motion during the
July 19, 1994 Council Meeting to rescind the vote on the Harry Williams zoning case No.
Minutes
Regular Council Meeting
July 12, 1994
Page 23
694-2 (Item 7 on the day's agenda), and she requested the City Manager to put the item
back on the agenda pending the outcome on the rescind vote. She said City Attorney
James Bray would provide the Council Members with a legal opinion about the matter this
week.
Mayor Rhodes called for petitions from the audience.
Ms. Dina Rodriguez, owner of D&J Taco and Grocery at 749 Horne Rd., stated that
she had made several complaints regarding Body Rocks bar at the corner of Barrera and
Horne roads. She said that the patrons of the bar are very violent. Responding to Mayor
Rhodes, City Manager Garza stated that Police Chief Henry Garrett had begun compiling
an activity record on the bar. Mr. Garrett confirmed that the Texas Alcohol Beverage
Commission was working with the Police Department on the situation.
Ms. Rosie Perez, 4146 Barrera, described the violence that occurs at the bar and
how it negatively affects the residents in the area.
Ms. Clara Martinez, 4129 Barrera, a resident of that address for 43 years, also
complained about the bar and asked the city's assistance in the matter. Mayor Rhodes
asked Chief Garrett to keep the Council updated on the situation.
Council Members Galindo and Noyola asked Mayor Rhodes why the Harry
Williams zoning case would be considered during the July 19, 1994 meeting, and Mayor
Rhodes replied that Mr. Bray would be sending the Council Members a legal opinion on
the matter. A discussion ensued, during which Mayor Rhodes noted that the City Charter
gives the Mayor certain rights not afforded to Council Members, including the right to
veto. Mr. Bray added that according to a precursory review of Robert's Rules of Order,
it was his tentative opinion at that point that a motion to reconsider could be introduced.
He said that Mayor Rhodes' action was to preserve the possibility of bringing the item
back.
Council Member Longoria stated that the Council had an obligation to be present
in the Council Chambers when votes were being taken, particularly on zoning cases
which are brought to the Council by citizens.
There being no further business to come before the Council, Mayor Rhodes
declared the Council Meeting adjourned at 6:10 p.m. on July 12, 1994.