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.
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Armando Chapa
City Secretary
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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.
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Mayor Rhodes stated that Item 1, a presentation by the Veteran's Band, would be
postponed until the September 20, 1994 Council meeting.
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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
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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,
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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.
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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
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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.
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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.
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Regular Council Meeting
September 13, 1994
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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
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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.
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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
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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
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September 13, 1994
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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
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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,
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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.
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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.
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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
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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.
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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.