HomeMy WebLinkAboutMinutes City Council - 12/13/1994I 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 December 13, 1994, which
were approved by the City Council on December 20, 1994.
WITNESSETH MY HAND AND SEAL, this 21st day of December, 1994.
Armando Chapa
City Secretary
SEAL
mgatiLitut
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 13, 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. Father Dan Suciu, Holy Trinity Orthodox
Christian Church, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member McNichols.
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 November 29, 1994, and there being no corrections, she proclaimed them approved
as presented.
Mayor Rhodes opened discussion on Item 1, a presentation regarding the Sports
Authority.
'City Manager Garza arrived at the meeting at 2:10 p.m.
Mr. Rex Kinnison, Chairman of the Nueces Sports Facility District, explained that
during the last 11 months the members of the Sports Facility District had been studying
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Regular Council Meeting
December 13, 1994
Page 2
the possibility of building a multi-purpose arena and an outdoor sports complex (AA -class
ballpark). The district received a proposal for a feasibility study to be conducted by
Hammer, Siler & George Associates of Atlanta, Georgia, in conjunction with Heery
International of Atlanta and Naismith Engineering of Corpus Christi. He said the study
would consist of two phases: Phase I would consist of studying three sites (South Padre
Island Drive -Crosstown Expressway area, the Clarkwood- I.H. 37 area, and the Bayfront
Plaza Convention Center) for locating either one or both of the sports facilities; Phase II
would consist of such facets as management and funding options and the impact on
existing public facilities. Mr. Kinnison added that the feasibility study would cost $144,460
plus expenses of $17,000, and prospective investors are being sought.
Council Member McNichols said he endorsed the concept of the development of
a multi -unit sports facility for Corpus Christi, and encouraged the Council to support the
feasibility study.
Mayor Rhodes asked why the enlargement of Cabaniss Field was not being
considered as an option, and Mr. Kinnison stated that the board members had discussed
using Cabaniss Field, but it was not selected as one of the final three sites for
consideration.
Council Member Noyola said he supported the idea of a single sports complex, but
he opposed the appropriation of city and county funds for the feasibility study because
he felt that a decision to locate the complex at the Convention Center had already been
made. Mr. Kinnison replied that no particular site had been selected yet. He added that
because of the potential economic impact of a sports facility, he hoped the city would
invest $50,000 in the project. Mr. Noyola said there were many other sources of private
funding that should be pursued rather than using city and county funds.
Responding to Mayor Rhodes, Mr. Kinnison said the city's portion of the funding
would be contingent upon the Sports Facility District acquiring sufficient funds from other
sources to pay for the whole study.
Council Member Moss commented that the group conducting the study should not
be restricted to just three sites to investigate, and Mr. Kinnison replied that to include
more sites would have been cost -prohibitive.
Council Member Longoria also asked about including other possible sites in the
study. Mr. Kinnison explained that what essentially needs to be determined is whether
to build a sports arena in a suburban area or to expand the Bayfront Convention Center
by adding a sports arena. Mrs. Longoria stated that she supported the concept of a
multi-purpose arena, although she had questions about how it would be funded. City
Manager Garza stated that he had not studied the funding question in depth, although a
potential source could be hotel/motel tax revenues.
Council Member Martin expressed concern about the need to expand the
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Regular Council Meeting
December 13, 1994
Page 3
Convention Center in order to attract large conventions, and about the importance of
conducting a thorough feasibility study. He noted that the Sports Facility District is a
creation of Nueces County, and while the city should participate in this project, the county
has a responsibility to it as well.
Council Member Cooper remarked that the prospective sites were chosen after
extensive study by the members of the Sports Facility District, and she supported funding
the study as proposed.
Council Member Best agreed with Mr. Martin about the necessity of enlarging the
Convention Center. He reminded the Council members that the proposed sports/multi-
purpose arena needed to be supported not only by Corpus Christi residents but by
residents of smaller cities in the area as well.
Mayor Rhodes said she had just attended a meeting in Austin with the Texas
Municipal League, where she learned that while Corpus Christi is very popular among
convention delegates, it ranks last in the amount of money that is raised by conventions
because of the lack of exhibition space. A discussion ensued regarding what the next
step should be regarding the feasibility study.
Mr. Martin made a motion, seconded by Dr. McNichols, to direct staff to propose
at the next Council meeting that the city contribute $10,000 to Phase I of the Sports
Facility District feasibility study.
Responding to Council Member Galindo, Mr. Garza explained that the proposal
made during the November29, 1994 meeting regarding improving the heating and cooling
system at the Convention Center was made in anticipation of the complex eventually
being expanded.
Mayor Rhodes called for a voice vote on the motion, and it passed by the following
vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye";
Galindo and Noyola voting "No."
Mr. Kinnison added that he and the other City Council -appointed member of the
Sports Facility District would like to be reappointed to serve on the district when their
terms expire in February 1995.
Mayor Rhodes recognized Council Member Best, who introduced his son, John
Best, a sophomore at St. Mary's University Law School in San Antonio.
The Mayor then referred to the Board and Committee appointments on the day's
agenda, and the following appointments were made:
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Regular Council Meeting
December 13, 1994
Page 4
Building Code Board of Appeals
David Underbrink
Commission on Children and Youth
Joey Sanchez
Electrical Advisory Board
Michael Lippincott - Reappointed
W.B. Truax - Reappointed
Philip Benavides - Reappointed
Ashok Nadkarni - Reappointed
Trey Pruet
Human Relations Commission
Elizabeth Dinn
Cynthia Estrada
Roger Quesada
Landmark Commission
Ron Smith
Oil & Gas Advisory Committee
Hewitt Fox - Reappointed
Howard Fels
Robert Hagens
Senior Community Services Advisory Committee
Elva Gonzales - Reappointed
John Dunn - Reappointed
Esther Oliver - Reappointed
Helene Fennessy - Reappointed
Alicia Charo
Thomas Gomez
Homer Martinez
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Regular Council Meeting
December 13, 1994
Page 5
Senior Companion Program Advisory Committee
Trinidad Benavides - Reappointed
Marie Partington - Reappointed
Mary Ruth Johnson - Reappointed
Diana Bazan - Reappointed
Yolanda Pruzan
David Haynes
Mayor Rhodes deviated from the day's agenda and opened the public hearing on
the following zoning case:
7. Case No. 1094-2, Tee One Up, Inc.: A change of zoning from "B-4" General
Business District to "1-2" Light Industrial District on Southbay Annex, Block 2, Lot
A, located on the north side of S. Padre Island Drive, between Southbay and Sea
Breeze Drives.
Mayor Rhodes said the Planning Commission and staff recommended denial of the
"1-2" District, and in lieu thereof, approval of a Special Permit for an outside amusement
park subject to eight (8) conditions.
A video was shown of a recent trip taken by Council Member Moss, Mr. Michael
Gunning, Senior Planner in the Department of Planning and Development, and Mr. Jerry
Wagoner, 1018 Harbor Lights, and President of the Southbay-Harbor Village
Neighborhood Association. The trip was to the Mountasia Family Fun Center in Houston
for the purpose of witnessing the park's go-cart attraction, which is similar to the one
being proposed in Corpus Christi.
Mr. Moss said that the attraction they visited in Houston was different from the
proposed attraction in that it was located next to a shopping mall and near an apartment
complex, rather than adjacent to a residential area, as is the subject property. He added,
however, that if the Council denies the special permit for the amusement park, the
property remains zoned as "B-4" and the owner could legally make other, more intrusive
uses of the property.
Mayor Rhodes asked Mr. Wagoner to comment on the park he and the others
visited. Mr. Wagoner said the park was attractive and located in the proper area, away
from residential homes. He added that it was impossible to shield all of the noise created
by the go-carts.
Council Member McNichols noted that even though the Houston park and the
proposed Corpus Christi park are adjacent to busy thoroughfares, when there is less
background traffic noise, the go-carts would produce significant noise by themselves.
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Regular Council Meeting
December 13, 1994
Page 6
Responding to Mayor Rhodes, Mr. Gunning said the revised site plan for the
subject property included a figure-eight design for the go-cart track with an excavation for
an underpass. In addition, the height of the screening fence was reduced from 10 feet
to 7 feet, and the type of construction was changed from masonry to a 3 -foot berm with
a 4 -foot plywood fence on top.
Mr. Larry Urban, Urban Engineering, and representative for the applicant, Mr. H.B.
Hinton, described other revisions made to the site plan. Responding to Council Member
Galindo, Mr. Rod Larson, an environmental consultant, described why he thought the 7 -
foot screening fence would be sufficient to contain the noise from the go-carts.
Mr. Wagoner reiterated his request that the Council members reject the proposed
zoning for the good of the neighborhood.
Ms. Yolanda Molina, resident of the Southbay-Harbor Village Neighborhood,
echoed Mr. Wagoner's comments about retaining the integrity of the neighborhood by
denying the zoning request.
Council Member Martin made a motion to close the public hearing, seconded by
Council Member McNichols, and passed unanimously.
Mayor Rhodes acknowledged that the decision on the proposed zoning was difficult
to make. She also pointed out, as Mr. Moss had said, that if the zoning change fails, the
property could have other uses, especially since it is located on South Padre Island Drive.
City Secretary Chapa polled the Council for their votes as follows:
FAILED TO PASS
-- - -- --- -- -• ''- -
publication.
The foregoing ordinance failed by the following vote: Cooper and Galindo voting
"Aye"; Rhodes, Best, Longoria, Martin, McNichols, Moss, and Noyola voting "No."
*************
Mayor Rhodes called for a five-minute recess.
Mayor Rhodes opened discussion on Items 2.a., 2.b., 2.c., and 2.d., construction
at the Corpus Christi International Airport.
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Regular Council Meeting
December 13, 1994
Page 7
Ms. Bonnie AIlin, Assistant Director of Aviation, introduced Mr. Bill Wilson, of
Wilson, Kul!man McCord, Inc., and Mr. John Nyfeler, of the Nyfeler Organization. Mr.
Wilson distributed detailed cost information on the proposed action plan, adding that the
primary sources of funding are Federal Aviation Administration (FAA) grants and
passenger facility charges (PFCs). He noted that the airport improvements must be
phased in to allow air traffic to continue, with the first phase involving the creation of
infrastructure for the rest of the improvements to take place, life safety upgrades, and
public restroom improvements. The second phase of development will include the major
improvements in the airport public spaces, as well as expansion of the baggage claim
and deplaning lobby, and the majority of the interior improvements. The last two phases
will involve improvements throughout the airport terminal.
Council Member Moss commented that he understood the infrastructure
improvements need to be implemented, but he emphasized the importance of making
cosmetic improvements to the airport as early as possible. Mr. Wilson noted that the
scheduling of improvements is dictated somewhat by the income stream.
Responding to Council Member Martin, Ms. Allin said the $1.15 million needed to
fund the first phase of improvements would be paid for by the PFCs and FAA grants.
She said the PFCs have generated approximately $120,000 a month. A brief discussion
ensued regarding the funding sources and the sequence of the construction. Mr. Martin
also echoed Mr. Moss' remarks about the need for aesthetic improvements at the
terminal.
Referring to Item 2.d., Mr. Martin questioned the portion of the proposal for the
airport food and beverage contract whereby nationally recognized vendors would be
featured at the terminal. City Manager Garza explained that franchises of the nationally
recognized vendors would be available to local business people. He added that
according to studies conducted by airport personnel, revenues are higher in terminals
where national food chains are located.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
2.b. M94-310
Motion approving Alternate Reconstruction Plan "A" (as supplemented by Airline
Technical Committee comments and minor changes) and implementation of the
Action Plan.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
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Regular Council Meeting
December 13, 1994
Page 8
2.c. M94-311
Motion approving Amendment # 3 to the contract with Wilson Kullman McCord,
Inc. for terminal building reconstruction in the additive amount of $44,650 ($13,100
for design and $31,550 for construction administration) for a new total of $196,550
and authorization to proceed with Section III, Parts B and C, Design and
Construction Services for Phase I Construction Contract No. 1A.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
2.d. M94-312
Motion approving the solicitation of proposals for the Airport Food and Beverage
Contract for the Hayden Head Terminal at Corpus Christi International Airport.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols voting
"No."
Mayor Rhodes opened discussion on Item 3, air service advertising campaign.
Mayor Rhodes called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said the campaign to fly jets in and out of Corpus
Christi is needless due to the recent adverse publicity surrounding ATR (prop) planes.
He suggested that the Greater Corpus Christi Business Alliance should be funding the
air service advertising campaign.
Responding to Council Member Moss, City Manager Garza said he had directed
staff, wherever possible, to fly jets when traveling on city business.
In answer to Council Member McNichols, Mr. Garza said the total reserve
appropriations for the General Fund are approximately $100,000, and in FY 1992-93, it
was approximately $500,000. He added that the Budget Director will be reviewing the
budget with the intent of recovering the funds for the campaign from other operating
savings and then replenishing the reserve fund.
Council Member Galindo said he supported the proposal, and asked why $12,500
in funding for the agreement was taken from the reserve appropriation of the Aviation
Fund and the other $12,500 from the reserve appropriation of the General Fund. Mr.
Garza said he would have preferred taking the whole amount from the Aviation Fund
reserve, but there was concern that not all of the airlines flying out of Corpus Christi offer
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Regular Council Meeting
December 13, 1994
Page 9
jet service. Mr. Garza said the portion of the advertising campaign being taken out of the
Airport Fund reserve would focus on encouraging travelers to fly out of Corpus Christi
(rather than driving to San Antonio for their air service), and the other portion from the
General Fund reserve would specifically focus on flying jets rather than ATRs.
City Secretary Chapa polled the Council for their votes as follows:
3. M94-313
Motion authorizing an agreement with the Greater Corpus Christi Business Alliance
in the amount of $25,000 for an air service advertising campaign.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent.
Mayor Rhodes opened discussion on Item 4, Alternate Daily Cover (ADC) at the
Elliott Landfill.
Mr. Tom Utter, Group Manager for Development Services, explained that the Elliott
Landfill has operated with a dirt deficit for many years. In addition, the Environmental
Protection Agency (EPA) and the Texas Natural Resource Conservation Commission
require that the refuse at the landfill be covered every night with six inches of compacted
earth. He passed out examples of the Alternate Daily Cover (ADC) being proposed to
cover the landfill with. He said one of the main reasons for using the ADC is to keep the
existing landfill in operation as long as possible (approximately 70 more months), which
allows staff to proceed judiciously with the purchase and planning of the next landfill. The
other advantage of using the ADC is that it significantly reduces the dirt deficit.
Responding to Council Member Martin, Mr. Utter said there is approximately
$215,000 set aside for the new landfill.
Mr. Utter also explained, in answer to Council Member Galindo's question, that part
of the top soil being excavated for newly opened portions of the Elliott Landfill is being
banked for use later on as final cover on the older sections of the landfill. He added that
one of the reasons for buying the Oso Creek property is to fill the need for substantial
amounts of top soil. Mr. Utter commended Mr. Robert Bruner and Mr. Andres Leal of the
Solid Waste Department for the extensive testing they conducted on various types of
alternative cover.
Mayor Rhodes called for comments from the audience.
Mr. Leon Perez, 904 Buford, questioned the need for the landfill liner, and Mayor
Rhodes responded that the liner is required by the EPA.
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Regular Council Meeting
December 13, 1994
Page 10
City Secretary Chapa polled the Council for their votes as follows:
4. M94-314
Motion approving the purchase of a foam sprayer and a supply agreement for the
purchase of resin/foamer materials from 3M/CoverFoam Services, Inc., to provide
Alternate Daily Cover at the Elliott Landfill. The purchase price of a foam sprayer
is $105,770. The purchase price of the resin and foamer materials is $205/drum
and $900/drum, respectively. The estimated yearly cost for resin/foamer material
is approximately $390,000/year. The supply agreement is for one year with an
option to extend for an additional year.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Mayor Rhodes opened the public hearing on Items 5.a. and 5.b., Dune Protection
and Beach Access Plan, and the Transportation Element of the City Comprehensive Plan.
The Mayor said she had received many calls and notes from people questioning aspects
of the plan. Group Manager Utter said he thought all of the different citizens groups had
been given copies of the staffs recommendations prior to it being discussed by the
Planning Commission; the plan has also been discussed by the Water Shore Advisory
Board and the Traffic Safety Advisory Board. Mayor Rhodes noted that the general
public is usually unaware of the meeting times of those various boards, and suggested
that another public hearing be held before the Council considers the plan.
Council Member McNichols stated that most aspects of the Transportation Element
of the city's Comprehensive Plan are non -controversial, but the portion that affects Padre
Island is controversial due to regulations contained in the Coastal Management Plan. Mr.
Utter pointed out that the city is responsible for submitting to the General Land Office a
beach and dune plan. City Manager Garza said that County Commissioner Joe McComb
suggested that the city and county approach the plan jointly since it affects both entities.
A discussion followed regarding the most opportune time to allow staff to meet with
concerned citizens and revise the proposal if necessary.
Mayor Rhodes said the public hearing on the proposal was opened and it would
be continued until the Council meeting on February 14, 1995. Mr. Utter noted that staff
may bring the Transportation Plan back to the Council before February 14 but would
withhold until a later time the portion that is under disagreement.
5.a. POSTPONED
Amonding tho Dune Protection and Boach Access Plan, an element of the City of
Corpus Christi Comprehonsivo Plan; amending the City's development objectives,
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Regular Council Meeting
December 13, 1994
Page 11
5.b. POSTPONED
5.c. POSTPONED
6. POSTPONED
aroas; adopting those transportation portions of the North Central,
Port/Airport/Violot, South Central, Southsido, and Wostsido aroas proviously
Mayor Rhodes opened the public hearing on the following zoning case:
8. Case No. 1094-3, Michele Hermis: A change of zoning from "R-2" Multiple
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Regular Council Meeting
December 13, 1994
Page 12
Dwelling District and "B-1" Neighborhood Business District to "B-4" General
Business District on Southside Addition Unit 4, Block 40, and Lot 19, Block 38,
located on the southwest corner of Mansheim Boulevard and Kostoryz Road.
Mayor Rhodes said the Planning Commission and staff recommended denial of the
"B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on
Lot 19 and approval of a Special Permit for a small engine and lawnmower repair shop
and an auto sales lot on Block 40, subject to five (5) conditions. Group Manager Utter
said Ms. Hermis, the applicant, agreed with the staff recommendation.
There was no opposition to 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, Ms. Hermis said there would be no auto
repairs performed at the shop.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022099
Ordinance amending the Zoning Ordinance upon application by Michele Hermis,
by changing the Zoning Map in reference to Southside Addition Unit 4, Lot 19,
Block 38, from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business
District; and granting a Special Permit for a small engine and lawnmower repair
hop and an auto sales lot on Block 40, subject to five (5) conditions; 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 opened the public hearing on the following zoning case:
9. Case No. 1194-1, Morteza Shafinurv: A change of zoning from "R -1B" One -family
Dwelling District and "B-1" Neighborhood Business District to "B-4" General
Business District on Airline Subdivision, Block D, Lots 1 through 4, located on the
southeast corner of Airline Road and Birmingham Street.
Mayor Rhodes said the Planning Commission and staff recommended denial of the
"B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on
Lots 3 and 4. Mr. Utter stated that the applicant agreed with the recommendation.
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Regular Council Meeting
December 13, 1994
Page 13
There was no opposition to the zoning change.
Council Member Best made a motion to close the public hearing, seconded by
Council Member Galindo, and passed unanimously.
Council Member Martin asked about the two lots of the subject property currently
located in the "R -1B" zoning, and Mr. Brandol Harvey, Director of Planning and
Development, said the adopted land use plan called for the property to be single-family
use commiserate with its current zoning. However, he said there are policy statements
which say that commercial properties fronting on arterials can expand, provided the
expansion is not in a "leap -frog" fashion.
Mr. Harvey added that the Planning Department staff has seen a number of people
requesting a rezoning of residential property (because they can buy it more cheaply) and
then rezone it to commercial use when the surrounding properties remain residential. He
said staff is discouraging that practice but encouraging expansions of existing commercial
properties.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022100
Ordinance amending the Zoning Ordinance upon application by Morteza Shafinury,
by changing the Zoning Map in reference to Airline Subdivision, Block D, Lots 3
and 4 from "R -1B" One -family Dwelling District to "8-1" Neighborhood 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 recessed the regular Council meeting for the meeting of the Corpus
Christi Community Improvement Corporation.
The Mayor reconvened the regular Council meeting.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 11 through 27, and Council Members
requested that Items 12, 15, 20 and 23 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
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Regular Council Meeting
December 13, 1994
Page 14
11. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute Lease Amendment No.
2 to the Ten Year Lease of the Old Police Station to the Corpus Christi Community
Improvement Corporation approved by Ordinance No. 021640 on April 27, 1993
to lengthen the term of the lease to fifteen years.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
13. M94-316
Motion approving a supply agreement for meal delivery service consisting of
approximately 96,000 meals for the Elderly Nutrition Program, Adult Protective and
Title XX Meals on Wheels in accordance with Bid Invitation No. BI -0070-95 with
R&R Delivery Service, Corpus Christi, Texas, based on the only bid for an
estimated annual expenditure of $113,263.68. The term of the contract will be
twelve months with an option to extend for up to an additional twelve months
subject to the approval of the supplier and the City Manager or his designee.
Funds have been budgeted by the Senior Community Services of the Parks and
Recreation Department.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
14. M94-317
Motion approving a supply agreement for approximately 432 pairs of heavy weight
cotton work gloves, and 4,404 pairs of leather work gloves, ranging in size from
small to extra large, in accordance with Bid Invitation No. 13I-0006-95, with All
Safety & Supply, Corpus Christi, Texas, based on low bid for an estimated annual
expenditure of $18,069.72. The term of the agreement 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 are
budgeted for FY 94-95 by the using departments.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
16. M94-319
Motion authorizing the City Manager to execute a professional services contract
with Occupational Health Centers, Corpus Christi, to provide alcohol and drug
testing services, as mandated by Department of Transportation federal regulations
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Regular Council Meeting
December 13, 1994
Page 15
which apply to City employees in the Gas Department and employees required to
hold a Commercial Driver's License (CDL) to perform the essential functions of
their positions, and as required by City Alcohol and Drug Policies. Testing
services include: specimen collection, drug specimen testing by a laboratory
certified by the United States Department of Health and Human Services, certified
Medical Review Officer services, and evidential breath alcohol testing services.
The estimated annual cost of providing these testing services is $43,200. The
term of the contract will be for twelve months with an option to extend for up to
three additional twelve month periods.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
17. M94-320
Motion awarding a Change Order to Garico Inc. for O.N. Stevens Water Treatment
Plant Interim Instrumentation Improvements contract in the amount of $42,200.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
18.a. ORDINANCE NO. 022101
Ordinance appropriating $15,019 contributed by Nueces County and the Greater
Corpus Christi Business Alliance for ozone near non -attainment planning research;
and amending Ordinance No. 021997 which adopted the FY 1994-95 budget.
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."
18.b. M94-321
Motion approving an amendment to Research Agreement No. 95-072 between the
Texas Engineering Experiment Station and the City of Corpus Christi, to add
phase two in the amount of $20,555. The research on ozone near non -attainment
planning is being performed by the Environmental Engineering Program at Texas
A&M University -Kingsville.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
19. ORDINANCE NO. 022102
Ordinance adopting the Texas Municipal Retirement System (TMRS) actuarially
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Regular Council Meeting
December 13, 1994
Page 16
determined Contribution Rate for the City of Corpus Christi of 11.01% for 1995, as
included and allocated in the City's budget adopted by the City Council for FY 94-
95, which authorizes full payment to TMRS of the increase in the City's
Contribution Rate for 1995 due to actuarial assumption changes, adopts updated
service credits for qualifying City employees, and adjusts annuities for retirees and
beneficiaries of deceased retirees equal to 40% of the percentage change in the
Consumer Price Index (CPI).
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."
21. ORDINANCE NO. 022104
Ordinance appropriating $3,648 from the Texas Department of Health Grant for the
purchase of an automatic external defibrillator and related equipment; amending
Ordinance No. 021997 which adopted the FY 1994-95 operating budget by adding
$3,648 to the Aviation Fund No. 117.
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."
22. ORDINANCE NO. 022105
Amending Code of Ordinances, Chapter 53 - Traffic, Section 53-257, Schedule
VIII, Parking Meter Zones, Established, by (a) establishing a 5 -cents per hour
parking meter zone along the west side of the 100 block and both sides of the 200
block of Mesquite Street, (b) converting 10 -hour parking meters to 2 -hour parking
meters along the east side of the 100 block of Mesquite Street, and (c) converting
2 -hour parking meters to 10 -hour parking meters along the east side of the 200
block of Mesquite Street.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
24. ORDINANCE NO. 022107
Regarding regulation of rates charged by TCI Cablevision of Texas, Inc. for basic
cable service and related equipment; and approving or permitting certain rates and
charges.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
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Regular Council Meeting
December 13, 1994
Page 17
"Aye."
25. ORDINANCE NO. 022108
Amending Chapter 18, Fire Prevention Code, Article I, General, of the City Code
of Ordinances by adoption of the SBCCI Standard Fire Prevention Code, 1994
Edition; providing for additions, deletions, and changes to said Code; repealing all
previous provisions of Article I; providing a savings clause; providing for penalties;
providing for publication; and providing for an effective date of January 1, 1995.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
26. ORDINANCE NO. 022109
Amending Code of Ordinances, Chapter 53 - Traffic, Section 53-254, Schedule V,
Increase of State Speed Limit in Certain Zones, by reducing the speed limit on
Ocean Drive between a point 400 feet south of Rossiter Street to Airline Road
from 45 MPH to 40 MPH.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, McNichols and Moss voting "Aye'; Martin and
Noyola voting "No."
27. ORDINANCE NO. 022110
Ordinance of the City of Corpus Christi, Texas, finding after reasonable notice and
hearing, that the existing rates of Central Power and Light Company are
unreasonable; re -determining just and reasonable rates to be observed and in
force within the City; reordering rate reductions; ordering that this ordinance be
served on Central Power and Light Company; preserving regulatory rights of the
City; and providing for repeal of conflicting ordinances.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and
Noyola voting "No."
Mayor Rhodes opened discussion on Item 12, purchase of police sedans.
Council Member McNichols asked if cars could be purchased less expensively and
then secondarily equipped as police cars. Deputy City Manager Bill Hennings said the
company had previously offered a discount on the specially equipped vehicles, but they
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Regular Council Meeting
December 13, 1994
Page 18
no longer do. He added that the city is buying approximately 30 new police cars a year.
Responding to Council Member Moss, Mr. F.D. Glenn, Purchasing Agent, said
Ford and Chevrolet are the only two companies which currently manufacture the police
package sedans.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
12. M94-315
Motion approving the purchase of thirty-one Police Package sedans in accordance
with Bid Invitation No. BI -0084-95 from Vista Chevrolet, Corpus Christi, Texas, for
the total amount of $511,004 based on low bid. Thirty units are for the Police
Department and one is for the EMS Division, Fire Department. All units are
budgeted in the 1994-95 Capital Outlay as replacements.
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 15, excess workman's compensation,
airport liability, and gas utility liability insurance.
Council Member McNichols commended the staff on the insurance proposal, noting
that the Excess Workers Compensation Insurance premium was lowered from $94,232
to $62,400.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
15. M94-318
Motion approving the purchase of (1) Excess Workers' Compensation Insurance
from Gulf Insurance with limits of $10,000,000 and $500,000 retention level; (2)
Airport Liability Insurance from American Eagle Insurance with coverage limits of
$75,000,000 and $15,000 aggregate deductible and (3) Gas Utility Liability
Insurance from Associated Electrical and Gas Insurance Services (AEGIS) with a
coverage limit of $25,000,000 and $250,000 deductible with one, two or three year
renewal options through HRH insurance for a combined annual premium of
$185,283. This is in accordance with Bid Invitations No. BI -0064-95, BI -0065-95,
and BI -0066-95. Monies for these premiums are available in the City's Self
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December 13, 1994
Page 19
Insurance Fund.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Council Member Martin said he agreed with the decision to self -insure the gas
utility liability.
Mayor Rhodes opened discussion on Item 20, amendment to the Monitoring Well
Use Privilege Agreement.
Responding to Council Member Martin, City Manager Garza stated that he felt it
was appropriate to proceed with the recommendation at this time.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 022103
Ordinance authorizing the City Manager or his designee to execute Amendment
No. 2 to the Use Privilege Agreement with Amerada Hess Corporation (AHC) as
approved by Ordinance No. 021731, passed August 17, 1993, and amended by
Ordinance No. 021887, passed March 1, 1994, to install an additional four
monitoring wells (18 total) in the area bounded by Poth Lane, Buddy Lawrence
Drive, and Interstate 37; and establishing a use fee of $3,000 for the four
additional monitoring wells.
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 opened discussion on Item 23, regarding the settlement agreement
with U.S. West Communications.
Responding to a question from Council Member Martin, City Manager Garza said
that in addition to the net payment from U.S. West of approximately $200,000, there is
$104,000 available in reserve, which was a Municipal Court expense that had been
withheld during settlement negotiations.
Mayor Rhodes called for comments from the audience, and there were none.
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Regular Council Meeting
December 13, 1994
Page 20
City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 022106
Amending Ordinance No. 021997 which adopted the FY 1994-95 Budget to
increase appropriations by $169,850 in the Police Department to fund the terms
of the Settlement Agreement executed between the City of Corpus and U.S. West
Communication.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
Mayor Rhodes called for the City Manager's report. Mr. Garza said staff was
prepared to give the presentation on the storm water utility if the Council wished. He
noted that May 1995 was the target date to begin a majority of the work on the utility, with
an implementation date of January 1, 1996. The Mayor suggested the presentation be
postponed to coincide more closely with the public awareness campaign in May 1995.
Mr. Garza added that items scheduled for the December 20, 1994 meeting
included a presentation on the new landfill; the new legislative package; tentative
discussion on new equipment for the Police Department; and policy considerations for
capital improvements.
In her report, Mayor Rhodes said she attended the board meeting of the Texas
Municipal League (TML) last week, during which a new committee dealing with term
limitations was formed and Council Member Longoria was appointed as a member. The
Mayor said she would provide the Council members with TML's legislative program. She
also asked staff to provide a report on blinking traffic signals in the downtown area.
Mayor Rhodes called for Council concerns and reports.
Council Member Martin requested a memo on the city's investment policies, in light
of recent reports of failed investments by cities nationwide. City Manager Garza said the
city's investment policy for the last 10 years involves a written set of guidelines, none of
which can be changed by the staff until it has been approved by an Investments
Committee, which includes the City Manager, Deputy City Manager, Budget Director, City
Attorney, Investments Manager, and the Finance Director. In reviewing investments, the
first consideration is safety, followed by liquidity and yield. In addition, the city does not
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Regular Council Meeting
December 13, 1994
Page 21
invest to trade, and it does not pay for securities until they have actually been delivered.
Mr. Martin also suggested that staff review the condition of some of the equipment
in the Fire Department. He commented on the need to develop the "public history" of
certain important items such as the water issue, so that the public can be better informed.
In relation to that, Mr. Martin discussed the Garwood option on the water issue (which he
felt should be included on the December 20 agenda), the Nueces Estuary Wastewater
Effluent Project, and the desalination workshop scheduled for December 17, 1994.
Council Member McNichols said he hoped that the people who were interested in
the subject of desalination had been informed of, and were planning to attend, the
desalination workshop. He also noted that a committee of the Nueces Estuary Advisory
Council is currently developing the specific details to modify the freshwater release plan.
Dr. McNichols said he concurred with Mr. Martin's comments about the need to address
the Garwood option at the next Council meeting. Dr. McNichols also remarked on the
"education deficit" which exists regarding such issues as the water issue, partly due to
the complexity of the subject. He said those who are involved in it need to be diligent in
emphasizing its importance and educating the community about it.
Council Member Galindo complimented the Neighborhood Improvement staff on
their efforts to be more pro -active during the last 12 months. He asked about the policies
regarding repeat offenders of the Building Code, and City Manager Garza said that those
policies are determined by state statutes. He said he would review the policies to ensure
that staff is taking full advantage of certain aspects of the statutes.
Council Member Moss commented on a report about carbon monoxide leaking at
the No. 1 Fire Station, and asked when the parking lot for the Nueces County Appraisal
District will be paved. Mr. Moss stressed the need to maintain the city's attainment status
regarding pollution emissions, in light of auto emission testing that began recently in
Dallas and Houston. He added that the repaving project on Airline Road between Ocean
Drive and Alameda had stopped. Mr. Garza said that project would be completed soon.
Council Member Best asked if the City, County or the Regional Transportation
Authority had considered assisting Halo Flight with funding. Dr. McNichols explained that
Medicaid had denied payment on several of Halo Flight's transfers due to certain criteria,
but was not a reflection of Halo Flight's management. He said the city and county could
not afford to be without Halo Flight's service. Mr. Garza noted that the city is currently
having to fund the ambulance program by 100 percent, adding that he felt Halo Flight's
financial problems should be addressed by the county.
Dr. Best said the Council needs to be updated on several "working" items, such
as the status of the Frost building, the factory outlet mall, and the old Nueces County
Courthouse. Regarding the status of the Lavaca-Navidad River Authority lawsuit, Mr.
Garza said it is still in the appellate court.
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December 13, 1994
Page 22
Dr. McNichols asked Mr. Garza to investigate the possibility of closing the Hans
Sutter Wildlife Area on Ennis Joslin Road during certain hours to try and prevent
vandalism there. He also reported an abundance of trash along the seawall, and Mr.
Garza replied that crews clean that area every day, sometimes several times a day, much
of which is carried through the storm water drains that deposit into the bay.
Council Member Cooper reported two ditches at Schanen and Acushnet with high
grass. Mr. Garza said some ditches are not adequately dredged and mowed because
of the high cost of some of the equipment needed to do that. He added that he would
look into that situation.
Mayor Rhodes called for petitions from the audience, and there were none.
There being no further business to come before the Council, Mayor Rhodes
declared the Council Meeting adjourned at 6:15 p.m. on December 13, 1994.