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HomeMy WebLinkAboutMinutes City Council - 10/18/1994I 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 October 18, 1994, which were approved by the City Council on October 25, 1994. WITNESSETH MY HAND AND SEAL, this 26th day of October, 1994. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 18, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Willie Davila, Church of Reconciliation, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Rhodes. 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 October 11, 1994. Council Member McNichols had a question about a statement made by City Attorney Bray on page 25 of the minutes concerning the participation of city employees, specifically police officers, in elections. Mr. Bray reiterated the policy regarding city employees and police officers participating in elections. Referring to a recent campaign commercial involving a police officer, Council Member Noyola questioned the use of a shield in the commercial, and City Manager Garza stated that the shield that was used was a police shield but not the City of Corpus Christi shield. Dr. McNichols asked if the same rules applied to firefighters regarding participation in non -city elections, and Mr. Bray replied that the same basic rules applied, but he was Minutes Regular Council Meeting October 18, 1994 Page 2 unsure what their rules manual specifically stated on the subject. Council Member Moss suggested that Mr. Bray provide the Council with a complete memorandum on city employees' participation in elections. Mayor Rhodes stated that the minutes did accurately reflect what was said at the October 11, 1994 meeting, and she approved them as amended. Mayor Rhodes opened discussion on Item 1, a presentation on proposed Freshwater Release Operating Plan changes. Mr. James Dodson, Regional Water Director, explained that the purpose of the presentation was to update the Council on the work of the Center for Statistical and Quality Improvement Services (CSQIS) at Texas A&M University -Corpus Christi, which was contracted by the city to investigate potential alternative freshwater release operating plans. Responding to Council Member Moss, Mr. Dodson explained that the city is currently operating under an Interim Order (10) on freshwater releases issued by the Texas Water Commission (now the Texas Natural Resource Conservation Commission) on March 12, 1992. He said the Interim Order would expire after five years, but during that time the city can suggest amendments to the order, which is what the CSQIS is proposing to do. Mr. Dodson stated that the next step is for the CSQIS to present two alternative approaches to the 10 at the next meeting of the Nueces Estuary Advisory Council (NEAC) on November 7, 1994. He said it is hoped that NEAC will adopt one of the two options, after which the CSQIS would develop a very detailed implementation plan, bring it back to the City Council for their approval, and back to the NEAC for recommendation to the TNRCC. Before the CSQIS team continued with the water presentation, Mayor Rhodes asked Capt. Jim Mitchell, of the Emergency Medical Service, to perform a song which he had sung during a recent memorial service held in Corpus Christi for fallen firefighters. She said she would have had him perform before the Council meeting started, but there was not enough time to do so. Resuming the water presentation, Dr. Ed Jones, Director of the CSQIS, outlined the work the CSQIS evaluation team has accomplished to date and what it plans to accomplish: 1) devise operating rules and an implementation plan; 2) publish a position paper on the major issues relative to freshwater releases (a draft should be available at the end of the year); 3) make recommendations for an ungauged flow network; 4) review the Texas Parks and Wildlife data; and 5) continue working with the NEAC Workgroup on developing a modification to the Interim Order. In response to Council Member Best, Dr. Jones said that rain gauges have not been installed in the Nueces Estuary because the combined flow approach to freshwater Minutes Regular Council Meeting October 18, 1994 Page 3 management has not been adopted by NEAC or by the TNRCC, and the gauges are not yet needed. Dr. Jones went on to briefly address the methodology of the combined flow approach. Dr. F. Michael Speed, a member of the CSQIS team, gave a comparison of the three freshwater management approaches --the Interim Order, the flow-through approach and the combined flow approach --illustrating a variety of facets of the approaches, including the firm yield, credit for heavy rains, and estimated productivity in average -flow and low -flow years. A discussion ensued regarding how the alternate approaches would affect the amount of required releases and the firm yield, as well as the health and productivity of the estuaries. Mayor Rhodes emphasized that the purpose of the study is determine the best way to protect the bays and estuaries while at the same time protecting the area's water supply. Mayor Rhodes deviated from the day's agenda and said the Council would next consider the day's three zoning cases. The Mayor opened the public hearing on the following zoning case: 5. Case No. 994-3. Van Antics, Inc.: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Colonia Hidalgo, Block 3, south 50 feet of Lot 4, located on the east side of Bush Street, approximately 150 feet north of S. Padre Island Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022060 Ordinance amending the Zoning Ordinance upon application by Van Antics, Inc., by changing the zoning map in reference to Colonia Hidalgo, Block 3, south 50 feet of Lot 4, from "R -1B" One -family Dwelling District to "B-4" General Business District; providing for publication. Minutes Regular Council Meeting October 18, 1994 Page 4 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Longoria absent. Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No. 994-5, Calallen Independent School District: A change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on all of Block 21 of the Town of Calallen, located along the north side of Mountain Trail, between Avenues A and B. Mayor Rhodes stated that the Planning Commission and staff recommended denial of the "1-2" District, and in lieu thereof, approval of a Special Permit fora storage building and purchasing office for the school district subject to four (4) conditions. City Secretary Chapa said that the 20 percent rule was in effect on this zoning case because a certain number of people in a designated area around the subject property opposed the application. The 20 percent rule requires seven affirmative votes of the Council for approval. Responding to a question from Council Member Martin, City Attorney Bray stated that the residents' opposition seemed to be to the posted "1-2" zoning proposal and not to the special permit. Mr. Martin then asked Mr. Tom Utter, Group Manager for Development Services, to determine in similar future zoning cases whether residents oppose a proposed special use permit. Council Member Longoria noted that according to the statements of opposition that were sent in concerning the Calallen zoning case, the residents opposed only the proposed "1-2" and not the current use of the storage building, which would be covered under the special permit. Council Member Noyola said he would not support the proposed zoning change. Mayor Rhodes went on to describe the four conditions outlined in the special permit. Mrs. Longoria noted that the subject property is not located on a through street. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Responding to Council Member Galindo, Mr. Utter said one of the conditions of the special permit is that the floor area for the storage and purchasing office building would not exceed 18,000 square feet, height would not exceed one story, and it would be Minutes Regular Council Meeting October 18, 1994 Page 5 required to have a masonry exterior. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022061 Ordinance amending the Zoning Ordinance upon application by Calallen Independent School District, by granting a Special Permit for a storage building and purchasing office for the school district subject to four (4) conditions, on all of Block 21 of the Town of Calallen; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 994-6, Hector Yzaciuirre: A change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on McNorton Unit 2, Block 3, Lots 1 and 2, located at the southeast corner of McNorton and Rand Morgan Roads. Mayor Rhodes stated that the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-3" Business District. The Mayor asked staff to explain the difference between the "B-3" and "B-4" zoning, and Mr. Brandol Harvey, Director of Planning and Development, said that essentially the only difference is that "B-3" does not allow any residential uses, while "B-4" does. He added that all of the commercial uses that are allowed in "B-4" are also allowed in "13-3." No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Mrs. Longoria said she would not support the proposed zoning change because she was concerned about what effect the auto detailing shop would have on the homes in the area. Mayor Rhodes asked Mr. Harvey to show the video illustrating the subject property and adjacent properties. He noted that the single-family house across McNorton Street from the subject property was zoned "B-1." The Mayor then asked the applicant to address the Council's concerns. A Minutes Regular Council Meeting October 18, 1994 Page 6 representative of the applicant stated that the applicant's intention is only to build a small business on the subject property and not to be disruptive. Mrs. Longoria expressed concern that the detailing shop would have several cars parked on the lot in various states of disrepair, and the representative said there would be a few cars on the lot but that they would be in running order. He added that any mechanical and detail auto work would be done inside the shop due to the lighting and electrical tools used. Responding to Mayor Rhodes, Mr. Harvey stated that the most intense use allowed in "B-3" zoning could be an automobile repair shop and auto sales, as well as bars and taverns. Council Member Martin pointed out that according to staff reports, one of the adjacent property owners in opposition to the proposed zoning change owned a welding shop on "B-1"zoning, which Mr. Harvey said had probably been included in a grandfather clause. Responding to a question from Mr. Martin, the applicant's representative said all of the neighbors around the subject property were informed of the reason for the zoning application. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022062 Ordinance amending the Zoning Ordinance upon application by Hector Yzaguirre, by changing the zoning map in reference to McNorton Unit 2, Block 3, Lots 1 and 2, from "B-1" Neighborhood Business District to "B-3" Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes returned to the regular agenda and opened discussion on Item 2, interlocal agreement for risk management and safety programs. The Mayor asked if the staff concurred with the proposal for the city to provide Nueces County with assistance in establishing those programs, and City Manager Garza said the staff did agree. Council Member Moss complimented the City/County Consolidation Task Force for their work on the proposal and said he agreed with the idea. Minutes Regular Council Meeting October 18, 1994 Page 7 Council Member Best, Chairman of the Task Force, said the programs would save the taxpayers a great deal of money. Responding to Council Member McNichols' question, Mr. Garza noted that the county agreed to reimburse the city for 30 percent of the cost of the Risk Manager's total yearly salary and benefits, which would allow the city to hire a person to assist Mr. Pat Alba with clerical duties. He added that the agreement was for one year with an option to renew for two additional one-year terms. Dr. McNichols suggested that any other consolidation efforts be postponed until after the county government election is held in November. Dr. Best replied that the risk management program would not really be affected by the new county government; he added that the whole purpose of consolidation was to save taxpayers' money by making city and county operations more efficient. Council Member Longoria, a member of the Consolidation Task Force, said she would support the risk management proposal, as did Council Member Galindo. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2. M94-281 Motion authorizing the City Manager to enter into an interlocal agreement with Nueces County for the City to provide assistance in establishing risk management and safety programs for the County. The County will reimburse the City thirty percent of the City's Risk Manager's cost for a period of one year with the option to renew for two additional years. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 3, Nueces County precinct changes. Council Member McNichols expressed concern about the precinct changes occurring so close to the November 8, 1994 election, since voters appear confused about which precinct they reside in. He said that a better job needed to be done to inform the people of the changes. City Secretary Chapa replied that the changes that affected three of the city's single -member districts were based upon recent actions taken by the Commissioner's Court. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting October 18, 1994 Page 8 City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Amending Ordinance 021404 by adopting newly revised Nueces County precinct changes and adjusting single member district lines to conform with precinct line adjustments; providing for submission of the single member district line adjustments for preclearance from the U.S. Department of Justice. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for a five-minute recess. Mayor Rhodes opened discussion on Items 4.a., 4.b., and 4.c., adoption of the proposed five-year Capital Improvement Program and approving the FY 1994-95 Capital Budget. Capital Budget Officer Grace McNett, gave an overview of the proposed capital budget, beginning with improvements to be made at the Corpus Christi International Airport. Council Member Moss asked when the public would begin to see those improvements at the terminal, and Ms. McNett responded probably by the fall of 1995. Ms. McNett then highlighted improvements to be made in Park and Recreation, Public Facilities and Public Health and Safety. Council Members Martin and Galindo questioned the funding sources of some of the items in the proposed capital budget. Ms. McNett replied that the purpose of the budget was to lay out the capital improvement needs for the year even though funds are not available for all of the projects. She said staff would have to return to the Council later in the year to amend the budget to make the funds available. Responding to Mr. Galindo, Ms. McNett said interest revenue on bond proceeds has been used to supplement the General Fund's annual debt service payment. Mr. Galindo questioned the proposed Municipal Service Center facility, and Ms. McNett explained that the 1986 Bond Program had authorized $500,000 for the construction of a facility to house several engineering activities. With the transfer of the Traffic Signals activity to the Street Department, the original scope of the project had been revised to construct a facility at the Street/Solid Waste location. It was estimated that a new facility would cost $1.7 million to construct. Staff is recommending proceeding with the first Minutes Regular Council Meeting October 18, 1994 Page 9 phase of that project to construct the Traffic Signals building by supplementing the 1986 bonds with $180,000 from bond fund interest. A brief discussion then ensued regarding the bond fund interest of $180,000. Ms. McNett went on to discuss proposed street improvements in the capital budget, noting that the second phase of Holly Road improvements (Everhart to Rodd Field Road) and Texas A&M University -Corpus Christi access improvements are not yet funded, although the first phase of Holly Road (Ayers to Everhart) is funded. Ms. McNett also described plans to improve McArdle Road from Carroll Lane to Everhart, which is estimated to cost $2.6 million; however, the 1986 allocation for that project was $1,760,000. After reviewing state funding criteria, staff is preparing a recommendation to the Metropolitan Planning Organization to have several street projects included in its Transportation Improvement Program, under which the city would be committed to paying 20 percent of the cost and the state would pay 80 percent. A discussion then followed about how to finance the unfunded projects of Holly Road Phase II and Texas A&M University-C.C. Access Improvements, both of which the city is very committed to accomplishing. Regarding water and wastewater improvements, Ms. McNett highlighted improvements to be made, including expansion of the Westside Plant and proposing funds for the design of the Arcadia Lift Station diversion project. In addition, there are plans for several collection system rehabilitation improvements in order to eliminate costly repairs and provide reliable service. Responding to Mr. Martin, Ms. McNett said certificates of obligation rather than revenue bonds would be issued for improvements related to the outlet mall on the northwest side. Mr. Martin requested an educational packet regarding the southside sewer plant, and a brief discussion ensued. Mr. Martin questioned the storm sewer bond fund, and Ms. McNett explained that they are general obligation bonds from the 1986 Bond Program. Mr. Garza added that the Storm Water Activity is in the Water Fund because a Storm Water Utility Fund has not yet been created; he said he hopes to initiate that fund beginning on January 1, 1996. Mr. Martin also questioned airport appropriations, and Ms. McNett said that the passenger facility charges was appropriated as part of the operating budget, and the capital reserves are being kept within the Aviation Fund primarily because they will be used for projects that are ineligible for funding from the Federal Aviation Administration. Mayor Rhodes called for comments from the audience. Mr. R.J. Eisenberg, 1309 Sandpiper Dr., and a member of the board of directors of the Pharoh Valley Neighborhood Association, asked about the Texas A&M-C.C. access improvements, of which the city's share would cost approximately $950,000. Mr. Carl Minutes Regular Council Meeting October 18, 1994 Page 10 Crull, Group Manager of Public Works and Utilities, explained that that amount would be used for right-of-way acquisition and environmental mitigation; he said the state would fully fund the actual roadway construction. Mr. Eisenberg added that the neighborhood association has been working with both state officials on the road construction, and city planning officials on the Southeast Area Development Plan. He also stated that he felt some of the capital improvement projects were staff -driven rather than Council -driven, adding that the public should be better informed about the projects. Mayor Rhodes replied that the proposed projects are not staff -driven but are basic infrastructure projects. Mr. Garza noted that the Planning Commission held a public hearing on the proposals. Mr. J.E. O'Brien, 4130 Pompano, said that when the capital improvement proposals were first presented to the Council on August 16, 1994, the water and wastewater needs totaled $408 million; in October the needs had grown to $551 million, an increase of $143 million. Mr. O'Brien also questioned the plans for repairs of city hall. Mr. Garza said the city is pursuing every remedy it can regarding the city hall repairs. With respect to the capital improvement program, Ms. McNett said that since the program is for five years, changes are expected to be made. Responding to Mr. Galindo, Mr. Garza stated that the city is slowly decreasing its dependence on the use of interest earnings to help make the annual debt service payment. Mr. Martin suggested that other funding sources be investigated for the Holly Road and Texas A&M-C.C. street improvements rather than general obligation bonds. City Secretary Chapa polled the Council for their votes as follows: 4.a. FIRST READING ORDINANCE Adopting the Proposed 1995-1999 Five Year Capital Improvement Program and approving the FY 1994-95 Capital Budget in the amount of $46,784,099. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No"; Cooper absent. 4.b. FIRST READING ORDINANCE Appropriating $2,376,940 from the Capital Improvement Fund to support a portion of the FY 94-95 Capital Budget. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Minutes Regular Council Meeting October 18, 1994 Page 11 Cooper absent. 4.c. FIRST READING ORDINANCE Appropriating $1,200,000 from interest earnings in the Capital Improvement Fund, and authorizing transfer of these funds into the General Debt Service Fund for the annual debt service payment. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No"; Cooper absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 13, and Council Members requested that no items be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M94-282 Motion approving the purchase and installation of telephone equipment in accordance with Bid Invitation No. BI -0012-95 from Norstan Communications, Inc., New Orleans, LA, based on the low bid of $15,739. This equipment is necessary for expansion of the Police Building's PBX. Funds have been budgeted by the Police and Fire Departments for FY 94/95. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 9. M94-283 Motion awarding a contract in the amount of $117,775 to Fox Tree & Landscape Nursery for the construction of landscaping and irrigation improvements in Breckenridge, Crossgate and Falcon Parks. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 10. ORDINANCE NO. 022063 Amending Chapter 18, Fire Prevention Code, Article I, General, Section 18-1, Fire Prevention Code, of the City Code of Ordinances; providing for additions, Minutes Regular Council Meeting October 18, 1994 Page 12 deletions, and changes to Section 18-1, Chapter 9, Flammable and Combustible Liquids of said Code; providing for a savings clause; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 11. ORDINANCE NO. 022064 Authorizing the City Manager or his designee to execute an amendment to the Museum of Oriental Cultures lease agreement with the City of Corpus Christi by granting a $125,000 construction grant to be used within 18 months from May 14, 1994 and terminating the lease agreement if the rehabilitation or construction is not complete by then, and by changing the lessee's address. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Cooper absent. 12.a. M94-284 Motion to amend, prior to second reading, the 40 -year lease with T -Head Marina, L.C., by adding the word "municipal" to the last sentence of Section 18 to read as follows: Provided, however, that in such event the City take such remedial action as would a reasonable municipal landlord under the circumstances. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 12.b. ORDINANCE NO. 022065 Authorizing the City Manager, or his designee, to execute a 40 -year lease, as amended prior to second reading, with T -Head Marina, L.C., on the northeast corner of the Lawrence Street T -Head, for the purpose of operating a restaurant, catering, private dining, and maritime and tourist -related commercial sales, and approving a rental rate of 11A percent of gross sales, or starting October 1, 1995, a monthly minimum of $5,833, whichever is greater; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 12.c. M94-285 Motion to amend, prior to second reading, the 40 -year lease with Marina Fuel & Minutes Regular Council Meeting October 18, 1994 Page 13 Charter Boat Company, L.C., by adding the word "municipal" to the last sentence of Section 18 to read as follows: Provided, however, that in such event the City take such remedial action as would a reasonable municipal landlord under the circumstances. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 12.d. ORDINANCE NO. 022066 Authorizing the City Manager, or his designee, to execute a 40 -year lease, as amended prior to second reading, with Marina Fuel & Charter Boat Company, L.C., on the northwest corner of the Lawrence Street T -Head, for the purpose of operating a marine service station providing fuel for boats and cars, marine related convenience store, charter boat services, boat broker services, sales and service, but no cooking, of food and beverages on the premises, and approving a rental rate of 1' percent of gross sales, or monthly minimum of $200, whichever is greater; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 12.e. ORDINANCE NO. 022067 Authorizing the City Manager, or his designee, to execute a five-year lease with Marina Fuel & Charter Boat Company, L.C., over that portion of the Corpus Christi bay bottom bounded on one side by Lawrence Street T -Head, on one side bounded by a line extended from the north face of the Lawrence Street T -Head to the point where it intersects a line extended from the west face of the Lawrence Street T -Head, which is the third boundary line, containing approximately 450 square feet of bay bottom, for purposes of temporary dockage for passengers loading and unloading for related charter boat services, boat broker services, sales and service, but no cooking, of food and beverages on the premises, in consideration of constructing said deck; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 13. ORDINANCE NO. 022068 Amending the City of Corpus Christi Code of Ordinances by amending Chapter 2, Administration, Division 12, by amending Sections 2-140 through 2-144 by changing the Corpus Christi Bay Area Minority Business Opportunity Committee Minutes Regular Council Meeting October 18, 1994 Page 14 Program Steering Committee membership by establishing minimum and maximum membership limits and revising quorum and appointment terms accordingly. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section 551.071 and 551.072, regarding City of Corpus Christi v. The Joslin Partnership Ltd., No. 1026-2, County Court -at -Law No. 2, Nueces County, Texas, acquisition of approximately 309 acres of land along Oso Creek near the Elliott Landfill; and regarding acquisition of 10 feet of right of way and a 10 -foot utility easement along Ennis Joslin Road in connection with the Ennis Joslin Road Improvements proposed by the Texas Department of Transportation, with possible action thereon in open session. The Council went into closed session. The Council returned from closed session. Mayor Rhodes made a motion, seconded by Council Member Martin, authorizing the City Manager to settle the eminent domain case of the City of Corpus Christi v. The Joslin Partnership Ltd., No. 1026-2, County Court -at -Law No. 2, Nueces County, Texas, by executing a real estate sales contract to purchase 308.99 acres of land, more or less, along Oso Creek near the Elliott Landfill, from The Joslin Partnership, Let., for $2,135 per acre, or $659,693.44, plus legal fees of $10,920.53 and appraisal fees of $5,197.50; and to purchase an additional 10 -foot street right-of-way and a 10 -foot utility easement along Ennis Joslin Road in connection with the Ennis Joslin Road Improvements proposed by the Teas Department of Transportation in return for the City's construction of related wastewater and water extensions at a value estimated up to $65,000; with specific and related provisions as negotiated by City staff and submitted to the City Council. Responding to Mr. Martin, City Manager Garza stated that the source of funds was $250,000 in bond funds, $178,000 from the Solid Waste operating budget, and $250,000 from the Oso Creek Parkway. Mr. Martin noted that the purpose of the action was to acquire dirt for the Elliott Landfill at a cost of about 50 percent of the usual cost of dirt. He added that some of the equipment that was authorized for lease/purchase during the last Council meeting would be used in this endeavor. City Secretary Chapa polled the Council on the foregoing motion, and it passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. (M94-286) Minutes Regular Council Meeting October 18, 1994 Page 15 Mayor Rhodes called for the City Manager's report. Mr. Garza said that items scheduled for the October 25, 1994 meeting included: a meeting of the Workforce Development Corporation; the daytime curfew; a presentation by the Bay Area Business Alliance on the Columbus Fleet; and the annual report on the U.S.S. Lexington. The Mayor said that one of the issues that needs to be addressed by the daytime curfew involves identifying children who attend year-round or home schools. In her update, Mayor Rhodes stated that she would be attending a meeting in Austin October 24, 1994 with two other Texas mayors and three engineers and Mr. John Hall, Chairman of the Texas Natural Resource Conservation Commission, on difficulties in working with the TNRCC. Mayor Rhodes called for Council concerns and reports. Council Member Martin noted that normally the Council would not meet on the first Tuesday of the month, which would be November 1, 1994, and it would meet the following week on November 8, which is election day. The Mayor asked staff to ensure that there were no impediments in switching those two meeting dates, so that the Council would meet on November 1 and not on November 8. Council Member Noyola stated that gang -related graffiti is a terrible problem around the city, including most recently at Greenwood Library. He said something needs to be done, and Mayor Rhodes replied that the problem is the perpetrators have to be caught in the act. Mr. Noyola asked if Crime Stoppers could get involved. The Mayor added that one of the television stations said they would be willing to catch the persons painting the graffiti. Mr. Garza said that any sightings of graffiti should be called into his office at 880-3220 and volunteers will paint over the graffiti where possible (except on brick surfaces). Council Member Longoria asked for an update on the old Tuloso-Midway Elementary School on Clarkwood Road which has been approved for apartment unit construction. Mayor Rhodes called for petitions from the audience. Mr. R.J. Herschbach, 4650 Hakel, raised the issue of police and firefighters taking part in elections; and he distributed information about an opinion from the City Attorney of Houston regarding bonuses and retroactive pay raises, and an opinion from the Attorney General regarding open meetings. He also questioned dental benefits for firefighters and the use of city vehicles for union officials. Minutes Regular Council Meeting October 18, 1994 Page 16 The Mayor asked if City Attorney Bray had any response to Mr. Herschbach's comments, and Mr. Bray said the only comment he had was that he did not agree with what Mr. Herschbach said. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:15 p.m. on October 18, 1994.