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HomeMy WebLinkAboutMinutes City Council - 09/13/1994I 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 September 13, 1994, which were approved by the City Council on September 20, 1994. WITNESSETH MY HAND AND SEAL, this 21st day of September, 1994. SEAL T 441 Armando Chapa City Secretary paititagal tilPrinrrn MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 13, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Melody Cooper Cezar Galindo Edward Martin Dr. David McNichols Clif Moss ABSENT Betty Jean Longoria 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 Pastor Alston Kirk, Trinity Lutheran Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mrs. Blanche Del Los Santos. 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 August 30, 1994, and there being no corrections, she proclaimed them approved as presented. •: w w••••; w r n w Mayor Rhodes stated that Item 1, a presentation by the Veteran's Band, would be postponed until the September 20, 1994 Council meeting. 7Tr- Minutes Regular Council Meeting September 13, 1994 Page 2 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Community Action Agency Mayor Mary Rhodes - Represented by Sonya Kay Lee Betty Jean Longoria - Represented by Victor Gonzalez Cezar Galindo - Represented by Freddy Cavazos Municipal Arts Commission Norma Urban Olivia Farrera Jane Harvey Cornelia H. Gates Nelwyn Anderson - Advisory Member Senior Companion Program Advisory Committee Iris Patrick -Williams S. Lee Burgess Sister City Committee Mary Saenz Rodolfo Delgado Elida Gonzalez Ramon Lopez Miguel Rendon Mayor Rhodes opened discussion on Item 2, Speed Selective Traffic Enforcement Project (STEP). Police Chief Henry Garrett explained that if approved, the $40,248 grant from the Texas Department of Transportation would allow for the assignment of an additional three officers to traffic control to enhance the department's efforts to curb speeding and reckless driving. He highlighted the increased number of citations that have been issued to speeders. Council Member Moss stated that he supported the Police Departments efforts to decrease speeding. Chief Garrett emphasized that the other areas of law enforcement would not be affected by the rescheduling of officers on traffic control. The thief also discussed the need to have the one -second red light delays installed in the traffic signals Minutes Regular Council Meeting September 13, 1994 Page 3 at intersections around the city. Responding to Council Member Martin, Chief Garrett stated that the grant is for one-year and could be reapplied for next year. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2. M94-235 Motion approving the submission of a grant application to the Texas Department of Transportation for funding in the amount of $40,248 for a Speed Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the contract and designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes opened discussion on Item 3, street closures for Bayfest '94 Festival. Deputy City Manager Bill Hennings noted that Bayfest Inc. operates under a five- year lease approved in 1991, and each year Council action is needed to authorize use of the streets during the festival. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. M94-236 Motion approving the application from Bayfest, Inc. to close the following street sections for Bayfest '94 Festival: a. N. Shoreline Boulevard, west leg, between westbound Interstate 37 and Hughes Street, from Wednesday, September 21 through Wednesday, October 5, 1994. b. N. Shoreline Boulevard, east leg, between westbound Interstate 37 and Hughes Street; No. Water Street, between Fitzgerald Street and Hughes Street; Belden Street, Power Street, Palo Alto Street, Fitzgerald Street, Minutes Regular Council Meeting September 13, 1994 Page 4 Resaca Street and Hughes Street, each between Water Street and N. Shoreline Boulevard, from Friday, September 30 through Monday, October 3, 1994. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. *City Manager Juan Garza arrived at the meeting. Mayor Rhodes read a proclamation that was inadvertently omitted when the other proclamations were read before the day's meeting was called to order. Mr. Brent D. DeMoss received the proclamation recognizing September 13, 1994 as the Old Bayview Cemetery Anniversary in Corpus Christi. Mayor Rhodes then opened discussion on Item 4, Nueces River Delta. Mr. James Dodson, Regional Water Director, stated that the proposed resolution had adopted some wording changes based on concerns raised by Council members when it was first proposed. Responding to Council Member Moss, Mr. Dodson stated that he had discussed the issue of acquiring the wetlands in the Nueces River Delta with officials from San Patricio County, since almost all of the property being discussed is located in that county. Mr. Dodson discussed different ways in which the property could be utilized and managed. Responding to Council Member Galindo, Mr. Dodson said that the estimated price to purchase that land was approximately $5 million. Referring to a comment by Mr. Galindo, Mayor Rhodes clarified that the acquisition of the Nueces River Delta property would be part of an agreement between the city and the Bureau of Reclamation on the restructuring of the federal debt obligation for Choke Canyon Reservoir. Council Member McNichols said that even though there are people who may object to the city's intent to acquire the delta property, it is a necessary step in the effort to reduce the city's debt obligation, thereby allowing the city to secure a future water supply for the region, which is its responsibility as the water supplier for a 12 -county area. In response to Council Member Martin, City Manager Garza stated that the purpose of the proposed resolution was not to take action on acquiring the delta property but rather to express the city's intent to do so, following negotiations with the Bureau of Reclamation and other entities. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting September 13, 1994 Page 5 City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 022027 Resolution expressing the City of Corpus Christi's intent to acquire and protect valuable wetlands and wildlife habitat in the Nueces River Delta as part of an agreement between the City and the Bureau of Reclamation on the restructuring of the federal debt obligation for Choke Canyon Reservoir. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Longoria and Noyola absent. ............. Mayor Rhodes opened discussion on Item 5, hydrographic survey of Lake Corpus Christi. Regional Water Director Dodson explained that in order to proceed with the negotiations on the debt restructuring, the city and the Bureau of Reclamation need to reach some agreement on what the firm annual yield of the reservoir system is. He said one of the areas of contention is the sedimentation rate in Lake Corpus Christi. Responding to Mayor Rhodes, Mr. Dodson noted that the bureau had approved the methodology that will be used in the hydrographic survey, and will even be participating in one aspect of the survey. Referring to a question from Council Member Moss, Mr. Dodson explained that the Texas Water Development Board will be conducting the sediment survey on the lake at a much lower cost than a previous survey. Council Member Martin asked City Manager Garza and staff to considera one-time release of water from the Choke Canyon Reservoir into Lake Corpus Christi in order to raise it to the necessary level so that the survey can be conducted before August 31, 1995. A brief discussion ensued regarding the best time to do that. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M94-237 Motion authorizing the City Manager, or his designee, to enter into a contract with the Texas Water Development Board for the performance of a hydrographic survey of Lake Corpus Christi, to be used to determine the sedimentation rate in the Minutes Regular Council Meeting September 13, 1994 Page 6 reservoir, for an amount not to exceed $45,000. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes opened discussion on Items 6.a. and 6.b., Holly Road Street Improvements Project. Mr. Carl Crull, Group Manager for Public Works and Utilities, gave a brief history of the Holly Road project, noting that the next step of the project is to receive bids on a three-mile segment of Holly Road from Ayers to Everhart, followed by construction approximately 60 days later. He said the total construction cost of this phase is approximately $8.5 million, of which the city's share is about $1.9 million (the rest will be paid for by the Texas Department of Transportation). He said the second phase of construction will go from Everhart to Rodd Field Road, and it is scheduled for receipt of bids in August 1995. Following the acquisition of Parcels 2 and 4 on Kostoryz Road, there are five more parcels to be acquired, said Mr. Crull. Responding to Council Members Moss and Galindo, Mr. Crull briefly explained the federal guidelines under which Parcels 2 and 4 would be acquired as well as their size, cost and proposed usage. Mr. Crull went on to briefly discuss the status of the Crosstown Expressway extension. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.b. M94-238 Motion authorizing acquisition of Parcels 2 and 4 located at the southwest and southeast intersection, respectively of Holly and Kostoryz Roads, for $25,271 for Parcel 2, and $20,790 for Parcel 4, in connection with the Holly Road Street Improvements Project, Phase I, Ayers to Everhart. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes opened discussion on Item 7, Peoples Street Pedestrian Corridor. She explained that the Downtown Management District is seeking a $400,000 grant from the Texas Department of Transportation to enhance the downtown area. Minutes Regular Council Meeting September 13, 1994 Page 7 City Manager Garza stated that there was a change in the wording of the proposed resolution --changing the word "grant" to "reimbursement" in three places. Mayor Rhodes made a motion to make that change, and it passed unanimously. Mayor Rhodes called for comments from the audience, and there were none. Council Member Cooper expressed her support of any efforts to improve the downtown area. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 022028 Resolution supporting the Corpus Christi Downtown Management District's VISION - Peoples Street Pedestrian Corridor application before the Texas Department of Transportation. The foregoing resolution passed as amended by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes opened discussion on Item 8, cable television consulting services. Deputy City Manager Hennings explained that earlier in the year the city (following input from staff and the city's Cable Communications Commission) had selected the Minneapolis law firm of Moss & Barnett, and a team headed by Mr. Adrian Herbst, to provide cable television consulting services. Consequently, said Mr. Hennings, Mr. Herbst went to the Minneapolis law firm of Fredrikson & Byron. As a result, staff is recommending adoption of a new contract with Fredrikson & Byron. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. M94-239 Motion approving an agreement with Fredrikson & Byron for cable television consulting services concerning TCI Cablevision of Texas, Inc.'s ("TCI") second 1994 basic service tier rate case, for a total expenditure not to exceed $7,700. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. r r Minutes Regular Council Meeting September 13, 1994 Page 8 t 4 t U t• w x a x*+ Mayor Rhodes opened the public hearing on closing and abandoning a 50 -foot - wide by 1,457 -foot -long portion of Oso Drive street right-of-way, between Ranger Avenue and Cabaniss Parkway out of the Cabaniss School Subdivision, subject to the compliance with the specified conditions; and replatting the property within 180 days. There was no opposition to the closure. 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: 9.b. ORDINANCE NO. 022029 Ordinance closing and abandoning of a 50 -foot wide by 1,457 foot long portion of Oso Drive street right-of-way, between Ranger Avenue and Cabaniss Parkway out of the Cabaniss School Subdivision, subject to the compliance with the specified conditions; and replatting the property within 180 days. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes opened the public hearing on closing and abandoning that portion of the Navigation Boulevard right-of-way between US Highway 181 and Avenue F consisting of 0.8967 acres out of Blocks 46, 49, 91, 95, and 96 Brooklyn Addition. There was no opposition to the closure. 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: 10.b. ORDINANCE NO. 022030 Ordinance closing and abandoning that portion of the Navigation Boulevard right- of-way between US Highway 181 and Avenue F consisting of 0.8967 acres out of Blocks 46, 49, 91, 95, and 96 Brooklyn Addition. An emergency was declared and the foregoing ordinance passed by the following Minutes Regular Council Meeting September 13, 1994 Page 9 vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes stated that the City of Corpus Christi had been awarded the 1994 Distinguished Current Planning Award from the American Planning Association for its comprehensive approach to historic preservations. She then gave a letter of commendation to Mr. Brandol Harvey, Director of Planning and Development, and his staff for their efforts. Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. 1293-2, Dorothy Wilde: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 6.4 acres out of Lots 23 and 24, Section 5, Flour Bluff and Encina) Farm and Garden Tracts, located on the west side of S. Staples Street, approximately 260 feet south of Gateway Drive. Mayor Rhodes stated that the Planning Commission recommended denial of the "B-4" District, and that the staff recommended a motion to extend the Council's time period to take action on Zoning Case No. 1293-2, Dorothy Wilde to November 29, 1994. The owner and staff are in agreement and this extension of the time period will allow the Planning Commission to reconsider this case. Council Member Best made a motion to accept the staff recommendation to extend the Council time period, seconded by Council Member Martin, and passed unanimously. (M94-249) Mayor Rhodes opened the public hearing on the following zoning case: 12. Case No. 894-1, Corpus Christi Telco Credit Union: A change of zoning from "R- 113" One -family Dwelling District to "B-4" General Business District on Glen Arbor Unit 3, Block 1, west 515.58 feet of Lot 1, located on the east side of S. Staples Street, approximately 100 feet south of Curtis Clark Road. Mayor Rhodes stated that the Planning Commission and staff recommended approval. Council Member Best made a motion to close the public hearing, seconded by Council Member Moss, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting September 13, 1994 Page 10 ORDINANCE NO. 022031 Ordinance amending the Zoning Ordinance upon application by Corpus Christi Telco Credit Union, by changing the Zoning Map in reference to Glen Arbor Unit 3, Block 1, west 515.58 feet of Lot 1, from "R -1B" One -family Dwelling District to "8-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Responding to Council Members Martin and McNichols, Mr. Harvey stated that Corpus Christi Telco Credit Union is purchasing the subject property from AT&T, which is in the process of relocating. He added that the property is no longer classified as a semi-public use and must be rezoned to accommodate the credit union's use of the property, which is to sell used cars which had been repossessed. Mayor Rhodes opened the public hearing on the following zoning case: 13. Case No. 894-2, Lexington Joint Venture: A change of zoning from "AT" Apartment -Tourist District, "A-1" Apartment House District and "B-4" General Business District to "1-2" Light Industrial District on 6.341 acres out of Lot 7, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of S. Padre Island Drive, approximately 300 feet east of Prince Drive. Mayor Rhodes stated that the Planning Commission and staff recommended denial of "1-2", and in lieu thereof, approval of "B-4" General Business District on the north 3.345 acres (that area not already zoned "8-4") and a Special Permit for an outside amusement park on the entire 6.341 acre site subject to six (6) conditions. Mr. Harvey showed a video of the subject property, and noted that since the applicant is proposing to build an amusement park, for which the city does not have a specific zoning ordinance, he must apply for an "1-2" or outside storage or outside amusement use. However, said Mr. Harvey, since the subject property is very close to a residential neighborhood, the Planning Commission and staff recommended a special permit for an outside amusement park, rather than the industrial zoning. Mr. Harvey also discussed the six conditions that were included with the special permit. Responding to Council Member McNichols, Mr. Harvey stated that the required notification measurement is 200 feet from the outside edge of the property seeking rezoning. He added that the city also requires the posting of notification signs on the subject property where it abuts a public road, so that the general public will be informed of the rezoning. Minutes Regular Council Meeting September 13, 1994 Page 11 Mayor Rhodes called for comments from the audience. Mrs. Barbara Scott, 1210 Prince Dr., said she objected to the proposed amusement park because of the noise, pollution and bright lights that would result, and because of its close proximity to a residential neighborhood. She added that many of her neighbors said they could not attend the Council meeting to object because they worked during the day. In response to Mayor Rhodes, Mr. Harvey pointed out that since some of the subject property is already zoned "B-4," other noise -producing businesses could be built, such as a body shop, or a bar/restaurant. Council Member Galindo asked about the noise that would be generated by the amusement park, and Mr. Harvey stated that one of the conditions was that no ride could exceed a height of 35 feet, and the noise generated by the rides at ground level would typically be muffled by surrounding buildings. He added that there would be a screening fence as well, which would help muffle noise. Mr. Larry Urban, 4443 Ocean Dr., representing the applicant, explained that the property would be sold to Mountasia Entertainment International Inc. of Alpharetta, Georgia. He described different features of the amusement park and discussed the six conditions, particularly how they would mitigate noise. Council Member Best made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Dr. McNichols said that his concern focused primarily on the noise that would be created by the go-carts at the proposed amusement park. In response, Mr. Gene Isenberg, Mountasia Entertainment, said that his company had built 25 similar amusement parks around the country, and the steps they took to reduce the noise level included placing the go-cart attraction near the main access road (in this case, South Padre Island Drive), while the lower -noise attractions would be at the back of the park behind a "mountain" and a building. He also stressed the company's emphasis on safety, and described the fence surrounding the facility. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022032 Ordinance amending the Zoning Ordinance upon application by Lexington Joint Venture, by changing the Zoning Map in reference to 3.345 acres out of Lot 7, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, from "AT" Apartment - Tourist District and "A-1" Apartment House District to "B-4" General Business District and granting a Spedal Permit for an outside amusement park on 6.341 Minutes Regular Council Meeting September 13, 1994 Page 12 acres out of Lot 7 subject to six (6) conditions; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, and Moss voting "Aye"; McNichols voting "No"; Longoria and Noyola absent. Mayor Rhodes opened the public hearing on the following zoning case: 14. Case No. 894-3, Padre Avers, Ltd.: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lexington Subdivision, Block 1, Lot 43, located on the north side of Johanna Street, approximately 520 feet east of Ayers Street. Mayor Rhodes stated that the Planning Commission and staff recommended approval. There was no opposition to the zoning change. Council Member Best made a motion to close the public hearing, which passed unanimously. Responding to Council Member Galindo, Mr. Harvey stated that property number 5 was owned by South Vest, Inc. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022033 Ordinance amending the Zoning Ordinance upon application by Padre Ayers, Ltd., by changing the Zoning Map in reference to Lexington Subdivision, Block 1, Lot 43, from "R-16" One -family Dwelling 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, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes opened the public hearing on the following zoning case: 15. Case No. 894-5, Tomas N. Tionason: A change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Parkside Subdivision, Block Minutes Regular Council Meeting September 13, 1994 Page 13 6, Lot 2, located on the southwest corner of Linden Street and Weber Road. Mayor Rhodes stated that the Planning Commission and staff recommended denial. Mr. Harvey stated that the zoning change was requested because a duplex on the subject property was cited for having improper zoning. He then showed a video of the property, noting that the building was converted from a single-family dwelling to a duplex without the benefit of a building permit. He said the land -use analysis determined that a duplex on the property was inappropriate because it could produce an increase in requests for duplexes. Mr. Steve Santa Cruz, 440 Weber Rd., a resident of the duplex and a representative of the applicant, stated that he and the other residents bought the house seven months ago as an existing duplex, unaware that the residence did not meet the zoning code. Responding to Council members' questions, Mr. Santa Cruz explained that there are nine people living in the duplex, which has two separate addresses but one utility meter. In response to Mayor Rhodes, City Attorney Bray said that if a special permit were issued, it would be tied to the use of the property, not just to one owner. Mr. Harvey noted that the staffs of the Planning, Legal and Code Enforcement departments had discussed this case at length. He said the existing configuration of the building created the problem with the zoning. Mayor Rhodes said that this case was unique, since the residents comprised one extended family and were unaware when they bought the house that it had been illegally made into a duplex. Mr. Tom Utter, Group Manager for Development Services, stated that one option would be for the Council to grant a special permit for the duplex to be utilized as it now exists. Responding to Council Member Martin, Mr. Bray said that he was unaware of a special permit being granted only for a particular owner; they are granted for the use of the property. Mr. Martin said he felt that the applicant had some legal recourse he could pursue because the property was misrepresented when he bought it. After questioning Mr. Santa Cruz, Council Member Cooper said that even if he sued the person who sold him the duplex, he probably would not be able to recover any damages. Council Member McNichols made a motion to grant a special permit allowing the subject property to exist as a duplex, pending investigation by the staff; the motion was seconded by Council Member Galindo. City Secretary Chapa polled the Council for their vote and the foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, McNichols, and Moss voting "Aye"; Martin voting "No"; Longoria and Noyola Minutes Regular Council Meeting September 13, 1994 Page 14 absent. An ordinance granting a special permit for this property will return for Council vote at a later time. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 16 through 24.b., and Council Members requested that Items 16, 18 and 22 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 17. M94-241 Motion approving a supply agreement for custodial service at various police facilities including the main police building in accordance with Bid Invitation No. BI - 0211 -94 with Americlean Services, Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $80,493.60. The term of the contract shall be twelve months with option to extend for up to two (2) additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 94-95 by the Police Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. 19. M94-243 Motion authorizing the City Manager or his designee to accept a grant in the amount of $725,538 and to execute a contract and all related documents with the Texas State Library for the continued operation of the South Texas Library System located at Corpus Christi Public Library for state fiscal year 1994-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. 20. M94-244 Motion authorizing the City Manager or his designee to accept a grant in the amount of $23,784 and to execute a contract and all related documents with the Texas State Library. These funds will be used to purchase materials for the Central Library Reference Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Minutes Regular Council Meeting September 13, 1994 Page 15 Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. 21. M94-245 Motion authorizing the City Manager or his designee to accept a grant in the amount of $142,303 and to execute a contract and all related documents with the Texas State Library for the continued operation of the regional Interlibrary Loan Center located at Corpus Christi Public Library for state fiscal year 1994-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. 23. M94-247 Motion rejecting bids received in response to Bid Invitation No. BI -0230-94 for approximately 302 tons of sodium chlorite based on revision of specifications. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. 24.a. M94-248 Motion approving the reimbursement application submitted by Tucker Investments, Inc., developer of Sun Valley Estates, for the installation of 1,429 linear feet of a 12 -inch PVC water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. 24.b. ORDINANCE NO. 022034 Ordinance appropriating $19,365.59 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, Martin, McNichols, and Moss voting "Aye'; Longoria and Noyola absent. Mayor Rhodes called for a five-minute recess. Mayor Rhodes opened discussion on Item 16, asphalt reclaiming machine. T Minutes Regular Council Meeting September 13, 1994 Page 16 City Manager Garza explained that there was a contested bid on the purchase of an asphalt reclaiming machine. He said in the evaluation of the bids, the staff used two main criteria --time of delivery of the equipment and fuel economy. Mayor Rhodes asked the representatives from the two companies involved to address the issue, but neither were present at the meeting. Responding to Council Member Moss, Mr. Garza explained that the city had to rent a reclaiming machine at a cost of $10,500 per month for two months because the machine the city owned experienced a major component failure, and a new one needed to be purchased. In response to Council Member Martin, Mr. Ogilvie Gericke, Director of Street Services, stated that the equipment is used throughout the year. Responding to another question from Mr. Martin, Mr. Garza said that the general written bid specifications required information about delivery time, and the importance of timely delivery was emphasized during the pre-bid conference. He added that if the company which was awarded the bid, Conley -Lott -Nichols of Corpus Christi, did not deliver the equipment within 45 days as promised, they would be in breach of their contract and the city would have to be compensated. Council Member Galindo asked whether it is imperative to rent an asphalt reclaiming machine in the interim, and Mr. Garza stated that it was, due to the amount of street repair that needs to be accomplished. A discussion then ensued regarding the lease/purchase of the equipment. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. M94-240 Motion approving the purchase of an asphalt reclaiming machine, in accordance with Bid Invitation No. BI -0001-95, from Conley -Lott -Nichols, Corpus Christi, Texas, for $177,000 based on best bid. The equipment is for Street Services Department and is budgeted in the 1994-95 capital lease/purchase program. Funding will be through the lease/purchase line of credit contract with G.E. Capital. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, and Martin voting "Aye"; Galindo, McNichols and Moss voting "No"; Longoria and Noyola absent. Mayor Rhodes opened discussion on Item 18, serial publication services. Minutes Regular Council Meeting September 13, 1994 Page 17 Council Member Galindo objected to the expenditure of $28,054.30 for magazines. He stated that the expense should more appropriately go toward the purchase of books. Mayor Rhodes pointed out that the cost was for newspapers and trade joumals as well as magazines. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 18. M94-242 Motion approving a supply agreement for serial publication services, consisting of 591 magazine, newspaper and trade journal subscriptions, in accordance with Bid Invitation No. BI -0264-94 with Popular Subscription Service, Terre Haute, Indiana, based on low bid for an estimated annual expenditure of $28,054.30. 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 the Corpus Christi Public Library and The South Texas Library System in FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Longoria and Noyola absent. Mayor Rhodes opened discussion on Item 22, long distance telephone service. Responding to Council Member Galindo, City Manager Garza stated that all of the city departments use long distance service in their operations, and the city does randomly perform verification of calls made. Mr. John Bacon, Director of Information Systems, responded to Council Member Moss, stating that staff had checked the references of Capitol Telecommunications Inc., the proposed provider of the long distance service. Council Member Martin asked if it would be feasible for city departments to use 800 numbers, and Mr. Bacon said he could investigate that possibility. 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 September 13, 1994 Page 18 22. M94-246 Motion approving a contract for long distance telephone service in accordance with Bid Invitation No. BI -0261-94, with Capitol Telecommunications, Inc., Lake Jackson, Texas, based on the low bid of $52,722.36. The term of the contract is for twelve months with an option to extend for up to twelve additional months subject to the approval of the contractor and the City Manager, or his designee. The contract will be administered by the M.I.S. Department for all city departments. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Longoria and Noyola absent. Mayor Rhodes called for the City Manager's report. City Manager Garza introduced Mr. Bob Shackleford, the new city engineer. Mr. Garza then discussed the items scheduled for the September 20, 1994 Council meeting, including a meeting of the Workforce Development Corporation, a discussion of a lease agreement with the Lighthouse Restaurant, and a discussion on the arts grant. Mayor Rhodes opened discussion on the presentation of the Clean Air Act and Ozone Advisories. She noted that Mr. John Hall, Chairman of the Texas Natural Resource Conservation Commission (TNRCC), had given a presentation to the Council on May 31, 1994 about steps the city should take to preserve its attainment status regarding air emissions. During the day's meeting, the question arose regarding what levels constitute an ozone exceedence, and City Manager Garza said he would verify that information. With the use of graphs, Mr. Gary Bushell, of the Corpus Christi Bay Area Business Alliance, discussed the economic impact of a change in the city's non -attainment status, including a reduction in growth and an increase in costly federal regulations. Mr. Norman Renfro, Manager of Environmental and Safety Affairs at Valero Refining Company, referred to the question of ozone exceedences, explaining that non - attainment would occur with an exceedence of the federal standard of .12 ppm (parts per million) four times at any given site within any three-year period. Mr. Renfro, who also serves as the Chairman of the Ozone Committee of the Board of Trade, described action plans for ozone advisory days developed by the board, city staff and TNRCC representatives. He noted that despite efforts by industry to reduce Minutes Regular Council Meeting September 13, 1994 Page 19 ozone emissions, maintenance of the city's attainment status is not guaranteed, because approximately 50 percent of the ozone -forming pollutants come from other sources in the community, such as small businesses and on -road and off-road automobiles. Mr. Renfro thanked Deputy City Manager Hennings for his participation in the effort to combat the pollution problem. Responding to Council Member Martin, Mr. Renfro explained that while the federal ozone standard is .12 ppm, the city averages .04 ppm to .05 ppm on a normal day. Mr. Martin questioned the logic of a city like Corpus Christi --which has low ozone averages but experiences periodic spikes in ozone pollution concentrations --losing its attainment status, while other cities constantly hover just below the maximum federal ozone levels, and still hold their attainment status. Mr. Martin also asked if the city could adopt a local vehicle emission testing procedure, and Mr. Bray stated that that option is being explored. In response to Council Member Moss, Mr. Renfro said that ozone advisory days are determined by meteorological data, which often does not provide for much preparation time. Council Member Best asked if more stringent local and federal air standards would inhibit industry growth, and Mr. Bushell responded that industries are getting cleaner every year, utilizing new technologies. Dr. Best also asked about the feasibility of using reformulated gasoline, and Mr. Garza responded that it is not an option until a city has non -attainment status. Council Member McNichols asked that staff obtain data from the Environmental Protection Agency regarding adverse health consequences from elevated ozone levels. He noted that there is misunderstanding about what precisely constitutes ozone concentrations. Mr. Martin stated that local weather persons could assist in the dissemination of information about ozone levels, and discussed voluntary steps that can be taken to reduce dangerous emissions. In her update, Mayor Rhodes asked staff to provide information about city fire prevention programs. The Mayor then called for Council concerns and reports. Dr. Best asked staff to remind political candidates about the rules regarding political signs. He also stated that a citizen living on Rodd Field Road had contacted him regarding concerns that he had. Mr. Crull responded by giving a brief history of the property in that area, and noted that the situation is very complicated. In addition to past attempts, he said that staff is still trying to meet with residents to resolve the conflicts. A discussion ensued regarding that situation. Dr. Best added that the Consolidation Committee is scheduled to meet on September 30, 1994 at City Hall. Minutes Regular Council Meeting September 13, 1994 Page 20 Mr. Moss asked about the railroad signals on Holly Road, and Mr. Crull responded that the Tex-Mex Railroad intends to salvage some of them, while others are owned by the Texas Department of Transportation. Mr. Moss also cited areas in need of street repairs: Airline Road from Ocean Drive to Holly Road, and on Ocean Drive in the northbound lane from Morgan Drive to Buford Street. Mr. Martin asked about the uneven surface on Everhart Road, and noted that several of the city's palm trees are dead. Before calling for petitions from the audience, Mayor Rhodes read an excerpt from an official city magazine regarding such petitions, noting that cities are not required to hear petitions from citizens, but they can elect to do so. In addition, she said that any discussion on a petition brought by a citizen must be limited to a proposal to place the subject on the agenda for a future meeting. Mrs. Angelita A. Cantu, 4536 Barrera, addressed a recent request for a zoning change on West Point Road. She stated that she and other neighbors she spoke with objected to the proposal by Mr. Harry Williams to build a used furniture store in that area. She also distributed pictures of other businesses in that community. She expressed concern about Mr. Williams' business becoming a bar, and Mayor Rhodes assured her that the requested zoning in that case would not allow for a bar to be built. Mr. Harold Hoppenrath, 1441 14th Street, raised the issued of vagrancy laws, and Mayor Rhodes stated that there is no law against being homeless, but there are public intoxication laws. Mr. Hoppenrath stated that those laws are not being enforced, and Mayor Rhodes encouraged him to report incidents of intoxication or disruptive behavior, if he witnessed it. Mrs. Esther Valderrama, 278 Eastgate Dr., expressed her concern about a vacant lot behind her house at 3215 Up River Road that has a profusion of high weeds and brush. She said she had spoken with the Neighborhood Improvement Department and was wondering about the status of the case. Mr. Abel Alonzo, 1701 Thames, wished Council Member Longoria a speedy recovery, and commended the Council for trying to cooperate with Mr. Santa Cruz and his family on his zoning case. Mr. Alonzo also informed the Council of a Scholarship Bowl on Sunday, October 23, 1994 at Saratoga Lanes. He said proceeds would benefit the Former Students' Association Scholarship Program for Del Mar College students. He encouraged the Council and the business community to participate. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:30 p.m. on September 13, 1994.