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
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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
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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.
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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
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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
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Regular Council Meeting
October 18, 1994
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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.
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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.
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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
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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
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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";
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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,
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October 18, 1994
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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 &
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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
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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.