HomeMy WebLinkAboutMinutes City Council - 01/31/1995I 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 January 31, 1995, which were approved
by the City Council on February 14, 1995.
WITNESSETH MY HAND AND SEAL, this 15th day of February, 1995.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 31, 1995
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Edward Martin
Council Members:
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Clif Moss
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 the Reverend Michael Hale, Travis Baptist Church, following
which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss.
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 January
24, 1995, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes recognized the employees retiring from the City in the month of January, 1995,
as follows: Mr. Alfonso Cardenas, Gas Meter Repair Foreman, Gas Dept., 39 years of service; Mr.
Zaragosa Garcia, Senior Gas Appliance Serviceperson, Gas Dept., 39 years; Mr. Miguel Quintanilla,
custodial Worker, Gas Dept., 15 years; Mr. Gene Clopton, Gas Construction Superintendent, Gas
Dept., 29 years; Mr. Lloyd Lindeburg, Gas Superintendent, 36 years; Mr. Isaac Salinas, Plant
Supervisor II, Wastewater Dept., 32 years; Mr. Jose Soto, Plant Supervisor III, Wastewater Dept.,
30 years; Mr. Romulo Mendoza Jr., Senior Traffic Sign Maintenanceperson, Street Dept., 32 years;
and Mr. Arthur Miller Jr., Senior Officer, Police Dept., 27 years. Mr. Francisco Garcia,
Tradeshelper, Wastewater Dept., 18 years, was not present at the Council meeting.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
January 31, 1995
Page 2
City Manager Garza introduced Mr. Paul Forte Jr., the new director of the Human Relations
Department.
Mayor Rhodes opened discussion on Item 2, a status report on the Capital Improvement
Program (CIP). The 1995-99 Capital Improvement Program and the FY 94-95 capital budget were
approved on October 25, 1994.
Ms. Grace McNett, Capital Budget Officer, gave an overview of the CIP. She said in the
street program, the total amount budgeted is $24 million, of which $8.6 million has been completed
and $5.4 is committed to construction (primarily the Holly Road and McKenzie projects). She noted
that during the next Council meeting on February 14, 1995, staff will propose amendments to the CIP
and the capital budget, including allocating the remaining balance in the McArdle (Carroll to
Everhart) project to serve as the city's 20% share of construction for McArdle, and for the design and
construction of several other street improvements.
Responding to Council Member Moss, Ms. McNett said that the Del Mar Area Phase 3
neighborhood street improvements should be completed in about 18 months. Regarding the McArdle
Road project, Ms. McNett said the anticipated bid -letting would be in October 1995, with
construction to be completed approximately a year after that.
Ms. McNett said the other proposed amendment in the street program would be the funding
of the Spur 3 project, known as Texas A&M -Corpus Christi (TAMU-CC) access improvements. Of
the $950,000 needed for that project, the city is proposing to fund $200,000 during this fiscal year
for the first phase, which is scheduled for bid -letting in August 1995, with the second phase scheduled
in August 1996. Council Member Martin asked if that project would be funded out of the General
Fund, and Ms. McNett said it would not be.
Council Member Cooper asked about the plans for alleviating traffic congestion around the
south side malls. Mr. Carl Crull, Group Manager for Public Works and Utilities, said staff had just
received the draft copy of a report by a consultant hired by the Metropolitan Planning Organization
to study that situation. He said none of the major projects identified in the consultant's report are
currently funded --they would have to be included in future capital improvement programs.
Mrs. Cooper also asked about improvements to Yorktown Boulevard. Mr. Crull said part
of the plan is to extend Yorktown to Weber Road to provide secondary access out of the Lakes and
Sugar Ridge subdivisions. The funds for the design of that project are included in the current capital
budget, but the construction funds are not.
Council Member McNichols inquired about the Crosstown Expressway extension. Mr. Crull
said that according to the local office of the Texas Department of Transportation (TXDOT), that
agency has authorization to complete the plans for the interchange modifications. Once those plans
are nearly complete, TXDOT and the city would appeal to the Transportation Commission to fund
that project out of the commission's discretionary funds. He noted that the project is estimated to
Minutes
Regular Council Meeting
January 31, 1995
Page 3
cost between $28 million to $30 million.
Dr. McNichols also asked about the funding source for the TAMU-CC access improvements.
Mr. Chill said the funding would come from the basic allotment from the state. Mr. Crull added that
in order to use TXDOT funds for that project, the roadway had to be designated as a state highway.
Mr. Crull also discussed the status of that project.
Responding to Council Member Longoria, Mr. Crull said the authorization still exists to sell
bonds for improvements to Leopard Street. He added that the Metropolitan Mobility Funds have
been committed to other projects for the next three or four years, and he did not think that Leopard
Street would have a high priority in receiving those funds because it parallels IH -37, which has excess
capacity at this time. He contrasted Leopard Street with Holly Road and Ayers Street which, when
improved, will relieve congestion on their parallel state highways.
Council Member Cooper asked about the time frame on the Yorktown extension to Weber
Road. Mr. Crull replied that the design funds for that project would be programmed into the 1997
budget, with the construction funds programmed the following year. He said construction should
begin in 1999, and last approximately 12 to 15 months.
Council Member Noyola asked about improvements to Holly Road from Greenwood to
Ayers, and Mr. Crull said that project was not in the current three-year Transportation Improvement
Program. Regarding Alaniz Street, Ms. McNett said improvements would include sidewalks and
curbs and gutters.
Mr. Crull pointed out that street projects that have been completed are Waldron Road,
Everhart Road, and the Wynn Seale Phase II project. Improvements to McKenzie and Holly roads
are currently under construction in conjunction with TXDOT.
Responding to Dr. McNichols, Ms. McNett said that in order to fund many other projects that
have been identified, a new bond election would have to be held. She said staff is planning a strategy
on how to approach another bond election. Dr. McNichols said that contrary to popular opinion, it
would be impossible to cut spending enough to fund the city's necessary improvements, which cost
millions of dollars --new revenue is needed. City Manager Garza noted that the city's last bond
election was held in 1986 and improvements have continued to be made due to leveraging local
monies and state assistance.
Council Member Martin asked if staffwas planning to sell the remaining bonds out of the old
bond program. Mr. Garza said he felt it was very important to complete the 1986 bond program, and
staff was investigating ways to do that. Mr. Martin replied that it would be a mistake to sell the rest
of the bond money just because it was part of a bond project nine years ago. He said some of those
projects should be reconsidered based on the city's current financial situation. Ms. McNett said staff
had done that.
Minutes
Regular Council Meeting
January 31, 1995
Page 4
Dr. McNichols pointed out that although the city of Fort Worth has many improvements, the
property tax rate there is 96 cents per $100 valuation, versus 62 cents per $100 valuation in Corpus
Christi. Mr. Garza said Corpus Christi also has one of the lowest utility rates (gas, water and
wastewater) among major cities in the state. Mr. Martin questioned the prioritizing of some projects,
saying that some should not be approved.
Referring to the water program, Ms. McNett said the two major projects are the Wesley Seale
Dam spillway gates rehabilitation, and the rehabilitation of filters at the O.N. Stevens Water
Treatment Plant. An amendment to the CIP that will be brought before the Council during the next
meeting is an increase in the amount needed for utility relocations, from the original estimate of
$300,000 to a revised estimate of $3,050,000. Ms. McNett explained that the increase is significant
because of major street improvements that are being made, including Holly Road and Greenwood,
and the fact that some projects had not been budgeted, and need to be budgeted now that the plans
for those improvements are completed.
Mr. Martin pointed out that some of the projects referred to by Ms. McNett are being funded
on an "80/20" basis (the state pays 80% of the cost of the roadway improvements, and the city pays
20% of the cost). Mr. Martin emphasized that that funding only applies to the roadway construction,
and not to the costs of utility improvements or relocations associated with those projects. Mr. Martin
expressed concern about entering into "80/20" funding arrangements that end up costing the city a
total of much more than 20%, and a brief discussion ensued.
Mr. Crull discussed the rehabilitation projects planned for the water treatment plants
previously mentioned by Ms. McNett. He also talked about water projects in the design phase,
including the effluent return flow pilot project. He said the Northwest area distribution system
project costing $1.9 million is about 30% complete at this time.
Ms. McNett said the major projects in the wastewater program include the Westside Plant
expansion and the permit upgrade. She said the proposed amendment to the capital budget for
wastewater improvements was for $190,000 for Oso Plant odor control, and $200,000 for utility
relocations. Mr. Moss asked about the odor control project, and Mr. Crull said completion is
expected in September or October of 1995.
Mrs. Cooper asked about the status of the Southside Treatment Plant. Mr. Crull said staff
recognizes that additional treatment capacity is needed in the city's system, but the question remains
where to increase that capacity in the most cost-effective way possible. He said one of the factors to
consider is the effluent diversion pilot project.
Mr. Martin inquired about proposed amendments to the funding for the outlet mall. Mr.
Garza said the original proposal was to fund that project from a portion of the sales tax, but now the
project will be constructed in phases beginning with the extension of water and wastewater utilities,
and revenue bonds would be issued rather than certificates of obligation.
Minutes
Regular Council Meeting
January 31, 1995
Page 5
Referring to the airport program, Ms. McNett said most of the monies for improvements were
provided by Federal Aviation Administration funds and the passenger facility charges (PFC's). With
the exception of three projects, the rest of the airport projects from the 1986 bond election have been
completed or are under construction. Mr. Crull said the airfield has been rehabilitated, and now the
design on the terminal reconstruction is underway, with a March bid date and a nine-month
construction time frame.
Ms. McNett said the other programs in the Capital Improvement Program are stormwater,
park and recreation, public health and safety, and public facilities, about which the Council had been
provided information.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, "Race and Reason" cable television program.
The Mayor noted that staff had managed to briefly prevent the racist, neo-Nazi program from airing
in Corpus Christi because of advertising violations, but it was now back on the air. She said she had
written to the Texas Municipal League, the National League of Cities and the U.S. Conference of
Mayors to determine if other cities had faced this problem and, if so, how they dealt with it. Mayor
Rhodes then read the resolution.
Council Member Galindo made a motion to remove the section of the proposed resolution
regarding the City Attorney's advice about the television program. The motion was seconded by
Council Member Noyola and it passed unanimously.
Council Member Martin emphasized that the producers of the program will violate the
advertising restrictions again, and the city should have a rule stating that after two such violations,
the program should no longer be aired. Mr. Martin also described in detail how, in 1978, the
American Nazi Party requested a parade permit to march through Skokie, Illinois, which has a large
population of Jewish concentration camp victims. At the time, Mr. Martin was the City Manager of
adjacent Evanston, Illinois, and the issue was taken to the federal courts, which granted the parade
permit to the American Nazi Party. Evanston offered to allow the rally to be held in that community
bei -Ruse of the extremely emotional nature of it. Mr. Martin said, as in the Skokie case, the neo-Nazi
group will try to test Corpus Christi's efforts to remove the program, and the city should be ready for
that test.
Mayor Rhodes said the city should do whatever is legally allowable to prevent the neo-Nazi
group from taking the city to court and winning.
Council Member Cooper apologized for the fact that "Race and Reason" is allowed to air in
Corpus Christi.
Mayor Rhodes called for comments from the audience.
Minutes
Regular Council Meeting
January 31, 1995
Page 6
Mr. Ken Chastain said he supported the resolution, describing how his father had helped
liberate the Nazi concentration camps during World War II. He said the real issue is tolerance and
teaching tolerance, so that multiculturalism can thrive.
Mr. Phil Rosenstein expressed concern about the ethnic makeup of the Cable Communications
Commission (all Anglo men), saying that the five members should represent the ethnic and socio-
economic diversity of this community. He quoted some of the racist remarks that were made during
broadcasts of "Race and Reason," and commended the Council for adopting the resolution.
Mr. Leon Perez condemned Nazi atrocities, but pointed out that whites settling in America
also committed atrocities against the Native Americans, as well as against the Vietnamese during the
Vietnam War.
Mr. Daniel Goltzman said as an American and a Jew, he holds the right of freedom of speech
to be sacred. However, he said it was obscene for groups to preach hate, particularly on a television
program. He said it was up to the Council to determine the standard of obscenity in this community,
adding that the standards of public access must be tightened so as not to allow such racist
programming.
Dr. Kenneth Green denounced the actions of the Nazis, adding that millions were killed at
their hands and in battle against them. As a member of the military, as an American and as a Jew, Dr.
Green said he is morally outraged by the "Race and Reason" television show, particularly since it airs
on the public access channel, and he urged its cancellation because it is wrong.
Responding to Council Member Best, Mayor Rhodes said Corpus Christi is not the only city
in which "Race and Reason" airs. She reiterated that she is seeking advice from officials of other
cities who have had to deal with this racist programming.
Mr. Andy Lehrman commended the Council for the resolution condemning "Race and
Reason," and for actively opposing it from the outset. As a lawyer and as a Jew, he said he believes
in the freedom of speech, but the programming in question is morally wrong. He said the Council's
action sends a signal to the Jewish community of their commitment to sensitivity and to humane
ideals.
Mr. Jack Solka distributed copies of remarks he had made during the January 23, 1995 Cable
Commission meeting. He thanked the Council for their efforts to prohibit the program, citing a
recent statement made on "Race and Reason" that advocated the execution of 13 people from another
city who opposed their program.
Mr. J.H.Canard, manager of radio station KBNJ-FM and a member of the Cable
Communications Commission, also commended the Council for the resolution. He said TCI
Cablevision should have regulations governing such obscene and racist programming, adding that the
local community has indicated it finds the television show to be obscene.
Minutes
Regular Council Meeting
January 31, 1995
Page 7
Mr. Harry Hoffman, a veteran of World War IT and the Korean War, spoke for his fellow GIs
who gave their lives to fight against the hatred promoted on "Race and Reason."
Mr. Harold Alberts said the rules currently exist prohibiting the airing of the program in
question, since it promotes unlawful conduct. He read portions of the rules regarding this situation.
Mr. E.F. Bennett described how, as a young black soldier during World War II preparing to
ship out to Europe, he was forced to eat in a back dining car while Nazi prisoners of war sat in the
dining car reserved for whites. He also thanked the Council for adopting the resolution.
City Secretary Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 022150
Resolution condemning Nazi ideas expressed on cable public access television; urging citizens
to lawfully demonstrate their abhorrence of such ideas; urging citizens to rededicate
themselves to equal treatment for all; and urging educational institutions to educate students
about Nazi atrocities.
The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for a 10 -minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, donation of the Theodore Merchant "Buddy"
Lawrence House from the Javelina Company.
Mr. Tom Utter, Group Manager for Development Services, said Mr. Lawrence was born in
1861 in Corpus Christi and was one of the county's first vegetable truck farmers. He built the house
named for him in 1893, and it consists of about 3,400 square feet on two floors. Mr. Utter said the
Javelina Company has offered the house to the city, in exchange for the city moving the house,
possibly behind Heritage Park.
Council Member Cooper said she thought the "Buddy" Lawrence House would be a beautiful
addition to Heritage Park.
Responding to Council Member Best, Mr. Utter said staff had been talking with an
organization about using the house after it is moved, but he said it was premature to announce it.
Minutes
Regular Council Meeting
January 31, 1995
Page 8
Mayor Rhodes said the donation of the "Buddy" Lawrence House was part of the tremendous
effort by the Javelina Company to buy out land around its plant.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
4. M95-022
Motion authorizing the City Manager, or his designee, to accept donation of the Theodore
Merchant "Buddy" Lawrence House from the Javelina Company if the City can move the
House within six (6) months from 12/31/94.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Mr. Epy Gonzalez, Special Projects Manager for Coastal Refinery, spoke on behalf of Javelin
Company, which is a partnership of Coastal, Kerr-McGee and Valero. Mr. Gonzalez said Mr.
Lawrence contributed much to the business climate of Corpus Christi. Mr. Gonzalez then presented
the key to the home to Mayor Rhodes, who thanked Javelina again for the donation.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, approval of the contract for the Household
Hazardous Waste Program.
Mr. R.T. Bruner, Director of Solid Waste Services, explained that the proposed contract was
a continuation of the city's Household Hazardous Waste Program.
Mayor Rhodes called for comments from the audience, and there were none.
Council Member Moss asked if the proposal could be considered as an unfunded mandate
from the government, and City Manager Garza described it as a partially funded mandate, since the
Texas Natural Resource Conservation Commission funded the program's start-up costs and the first
year of operation; now the city must pay the operating costs.
Council Member Martin noted that the Household Hazardous Waste Program is part of the
city's recycling program and part of the landfill management effort. Mr. Bruner added that it also
helps meet the requirements for the stormwater permit.
Council Member Cooper asked if the facility would be able to accept household hazardous
wastes more frequently, rather than just a few times a year. Mr. Bruner replied that staff would like
to have the facility open about three times a week, so long as he can find the appropriate companies
Minutes
Regular Council Meeting
January 31, 1995
Page 9
to take the hazardous waste.
City Secretary Chapa polled the Council for their votes as follows:
5. M95-023
Motion to approve a contract in accordance with Request for Proposal No. BI -0085-95 to
Laidlaw Environmental Services for Household Hazardous Waste Disposal services. These
services will be rendered on an "event" basis, four (4) times per year. The projected total for
these services is approximately $250,000/yr. The term of the contract is for one (1) year with
an option to extend for an additional year. Funds for the program have been budgeted in the
Solid Waste FY 1994-95 operating budget.
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 annexing a 64 -acre tract, more or less, being a
portion of the grant to Gregorio Farias, Abstract Number 592, being also described as a portion of
Tract 3 as described in the Warranty Deed to Garnett T. Brooks and Patsy A. Brooks, from Star
Holding Company, Inc. and recorded in volume 1754 at pages 634 through 640, inclusive, of the deed
records of Nueces County, Texas and a 57 acre parcel, more or less, containing six thousand five
hundred (6,500) lineal feet of Interstate Highway 37 right-of-way, for a total of 121 acres.
Group Manager Utter said this was the second public hearing on the annexation --the first
public hearing was held during the Planning Commission meeting on January 25, 1995. He added
that the first reading of the annexation ordinance would be held during the February 21, 1995 Council
meeting, with the second reading on February 28.
Responding to Council Member McNichols, Mr. Utter said that when an area is annexed, the
city promises to provide services to that area, typically police, fire, and garbage collection services,
as well as water and sewer services.
Council Member Galindo asked about the area to be annexed. Using a map of the area, Mr.
Utter explained that in order to reach the property on which the factory outlet center will be located,
(as well as a small tract of land that Mr. Garnett Brooks will be keeping), the IH -37 right-of-way
must be annexed as well. He added that the golf course will be annexed at a later date, and the area
that will serve as the R.V. park is located in a tourist -industrial district, which is outside the city limits
but the owner makes a payment to the city in lieu of taxes.
In response to Council Member Noyola, Mr. Utter said the highway ramps near the outlet
center have been preliminarily designed by the Texas Department of Transportation, which will then
Minutes
Regular Council Meeting
January 31, 1995
Page 10
be approved by the Federal Highway Administration. Regarding the funding of the ramps, Mr. Utter
said the city did not yet have a commitment on funding their construction.
Responding to Council Member Best, Mr. Utter said the property to be annexed consists only
of the IH -37 right-of-way itself and a portion of Mr. Brooks' property. He emphasized that the
property owned by residents who live on or near the Nueces River is not being proposed for
annexation.
Upon verification by Mr. Utter, Council Member Martin pointed out that funding of the ramps
by the state was not a condition of the proposal. Mr. Martin then asked why the proposed golf
course was not being annexed at this time, and Mr. Utter replied that the city does not own that
property at this time, but the sale is pending. He added that the factory outlet center must be in
operation in order to receive the funding to develop the golf course.
Mayor Rhodes called for comments from the audience, and there were none. Council
Member Martin made a motion to close the public heating, seconded by Council Member McNichols,
and passed unanimously. The Mayor said action items related to this item would be placed on the
agenda of a future meeting.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following item:
7. Text Amendment to the Corpus Christi Zoning Ordinance: Amending the Corpus Christi
Zoning Ordinance to allow screened outside storage as an accessory use in some business
districts.
Mayor Rhodes said the Planning Commission and staff recommended approval.
Group Manager Utter explained that the proposal had been requested by some local
businesses and staffbecause of concerns that had been raised in the past. He said in essence, the text
amendment allows outside screened storage in "B-4" and above, and it requires that outside storage
in "I-2" be screened.
Responding to Council Member Moss, Mr. Utter said that in this context, "screened" typically
refers to a cyclone fence similar to screening used to separate businesses from adjacent residences.
Mr. Brandol Harvey, Director of Planning and Development, cited the example of Builder's Square,
Wal-Mart and other businesses which store sacks of concrete on slats that are enclosed with a
chainlink fence covered by a canopy. He said the typical reason for the canopy is because it can be
classified as inside storage and is allowable in a business district; without the canopy, it would be
classified as outside storage and would only be allowable in an industrial district. Mr. Harvey added
that the canopy does not serve a public purpose.
Minutes
Regular Council Meeting
January 31, 1995
Page 11
He said the proposal would allow the same type of storage to occur --provided it is screened --
and it would not require the overhead canopy. There are some restrictions to clarify how and when
it can be used.
Responding to Council Member Martin, Mr. Utter said the current zoning restrictions against
outside storage have been enforced in the past, and citations some businesses have received were part
of the impetus for this zoning proposal. Mr. Martin expressed concern about companies using their
required parking spaces as outside storage, thus creating traffic hazards and violating the zoning code.
Mr. Harvey went on to say that the proposed amendment would only be allowed as an accessory use
to primary sales.
Council Member McNichols questioned the reason for the proposed zoning amendment. Mr.
Harvey replied that since the public has accepted some type of outside storage when it is associated
with commercial retail sales, such as Wal-Mart or Sutherland's (even though it is currently
prohibited), the amendment would allow for such storage so long as it is screened. He added that
the screening would not be a demanding burden on the business, in terms of adding cost or taking
away space.
Dr. McNichols also questioned the need for screening outside stored materials, and Mr.
Harvey said the primary reason is to protect adjacent property. Mr. Utter added that some of the
businesses which currently utilize outside storage were involved in drafting the zoning amendment.
He pointed out that a legal representative of Wal-Mart was present at the day's meeting.
Council Member Galindo expressed concern about the fencing requirement. Mr. Utter
reiterated that some of the businesses which had violated the outside storage prohibition had
approached staff about finding a solution, and the proposed amendment was thus drafted.
Following additional concerns stated by Mr. Galindo, Mr. Utter said the option was either to
allow unscreened, outside storage in "B-4" zoning, or to modify the existing statute and allow this
type of screened, outside storage in "B-4." Mr. Harvey pointed out that some of the examples of
outside storage usage, such as Builder's Square or Wal-Mart, are innocuous and do not conjure up
negative images; however, other uses in "B-4" could be more troublesome to the public, such as the
outside, unscreened storage of used washing machines, for example.
Mr. Galindo made a motion to have the item considered under two readings, rather than as
an emergency; and the motion passed unanimously.
Mayor Rhodes called for comments from the audience.
Mrs. Dorothy Spann, 502 Del Mar, said that in addition to fences serving an aesthetic
purpose, they also serve as security for the outside stored materials.
Dr. McNichols said staff was creating their own form of an "unfunded mandate" by requiring
Minutes
Regular Council Meeting
January 31, 1995
Page 12
the fencing of outside storage, saying that it would involve unnecessary expense to the businesses in
question.
Mr. Martin pointed out that the proposed ordinance lessens the current law, and it is an
improvement over the statute as it exists. Mr. Galindo repeated his objection to the fence
requirement. Mr. Martin noted that some businesses go so far as to have their outside stored
products (such as sacks of concrete, etc.) blocking their sidewalk, which is a clear violation of the
ordinance and is unsafe.
Mr. Utter said since the item was being considered under two readings, staff could go back
to the businesses for more input on the proposal.
Council Member Martin 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:
FIRST READING ORDINANCE
Amending the Corpus Christi Zoning Ordinance, by amending Article 3, Definitions by
defining "Outside Storage"; amending Article 12, "B-1" Neighborhood Business District,
Article 13, "B -2A" Barrier Island Business District, and Article 14, "B-2" Bayfront Business
District by prohibiting outside storage; amending Article 15, "B-3" Business District, Article
16, "B-4" General Business District, and Article 20, "I-2" Light Industrial District by
permitting outside storage; amending Article 29, the Board of Adjustment by allowing a
special exception for height in "B-3", "B-4", 'B-5", "B-6" and "1-2" zoning districts.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols , and Noyola voting
"No."
* * * * * * * * * * * * *
Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi
Industrial Development Corporation.
The Mayor then reconvened the regular Council meeting.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 9 through 15, and Council Members requested that
Items 11, 12.a., 12.b., and 14 be withheld for discussion.
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Regular Council Meeting
January 31, 1995
Page 13
City Secretary Chapa polled the Council for their votes and the following were passed:
9. RESOLUTION NO. 022151
Resolution amending that resolution adopted December 3, 1985, approving project with
respect to Corpus Christi Industrial Development Corporation Industrial Development
Revenue Bonds (Durrill and Williams, Inc. Project) Series 1985 and approving Resolution
providing for the issuance of such bonds in order to supplement the indenture of trust
referenced therein.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
10. M95-024
Motion approving the purchase of a Rack -Mountable, Intel Style Based Server from
Computer City, Corpus Christi, in the amount of $22,530, and Novell Network Software
from VanStar, Inc., Corpus Christi, in the amount of $7,968 based on low bid. Total
expenditure is $30,498, and is in accordance with Bid Invitation No. BI -076-95. The
equipment is budgeted in the 1994-95 Capital Outlay by M.I.S. Department.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
13. M95-027
Motion authorizing the acquisition of Parcel 6 located south of Starlite Lane between Violet
Road and Warrior Road for $30,300 in connection with the Violet Road Improvements.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
15. ORDINANCE NO. 022152
Authorizing the City Manager or his designee to execute a three year professional services
contract with Total Tennis, Inc., Steven B. Denton, Director, for tennis operations at the
H.E.B. Municipal Tennis Center.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
January 31, 1995
Page 14
Mayor Rhodes opened discussion on Item 11, supply agreement for replacement batteries.
Council Member Best pointed out that the bid in question was made as a cooperative effort
between the city, Nueces County and the Regional Transportation Authority, which is an example
of the benefits of consolidation.
Responding to Council Member Moss, Mr. John Bacon, Director of Information Systems,
replied that the batteries typically last 11/2 years to 2 years, and there are approximately 700 radios.
City Manager Garza noted that an audit had recently been conducted regarding these radios.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
11. M95-025
Motion approving a supply agreement for approximately 625 replacement batteries for
Ericsson G.E. portable radios in accordance with Bid Invitation No. BI -0097-95 with
Alexander Batteries, McHenry, IL, based on the low bid of $40,800. The term of this
contract will be twelve months with an option to extend for up to twelve additional months
subject to the approval of the supplier and the City Manager or his designee. Funds have
been budgeted in FY 94-95.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria,
Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 12.a. and 12.b., supply agreement for uniformed
guard security service for the Central Library and City Hall.
Council Member Martin expressed concern that the company with the lowest bid, Murry
Guard Inc. of Jackson, Tennessee, did not have a business in Texas, and he said he would vote
against it because it was an out-of-town company. He suggested that the security for the library and
City Hall be managed by the same company.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
12.a. FAILED TO PASS
Minutes
Regular Council Meeting
January 31, 1995
Page 15
The foregoing motion failed to pass by the following vote: Rhodes, Best, Galindo, Longoria,
Martin, McNichols, Moss, and Noyola voting "No"; Cooper absent.
12.b. M95-026
Motion rejecting bids received under BI -0102-95 for uniformed guard security service for
City Hall based on revision of specifications.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria,
Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 14, agreement with the Greater Corpus Christi
Business Alliance for professional representation in Washington, D.C.
Council Member Noyola expressed concern about the cost of retaining the lobbyist firm of
Myers & Associates in Washington, saying that he would not support the proposal.
Responding to Council Member Cooper, City Manager Garza said the firm provides reports
of their activities on demand , as well as reporting regularly to the Alliance. He said that the lobbyists'
efforts on behalf of the City of Corpus Christi are focused on water supply issues, specifically the
restructuring of the Choke Canyon debt. He added that the company has a specific contract with the
Alliance regarding the military facilities in South Texas.
Mayor Rhodes said she has found Myers & Associates to be extremely valuable, particularly
since they are familiar with the inner workings of the federal government. Council Member
McNichols described how the firm's efforts have benefitted the city.
In response to Council Member Moss, Mr. Garza explained that there are separate agreements
for retaining Myers & Associates for their work on water supply issues and the military facilities, and
the city pays for their work on the water supply.
Mayor Rhodes called for comments from the audience.
Mr. R.F. Hasker, 1813 Wallace, opposed the proposal, saying that elected officials --rather
than lobbyists --should be representing the city's interests.
Minutes
Regular Council Meeting
January 31, 1995
Page 16
City Secretary Chapa polled the Council for their votes as follows:
14. M95-028
Motion approving an agreement with the Greater Corpus Christi Business Alliance in the
amount of $5,500 per month for a term ending December 31, 1995, for professional
representation in Washington, D.C. from Myers & Associates to further the City's interest
in long-term water supply and related debt, area military facilities, criminal justice and various
other federal funding programs, and air pollution control.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No."
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Garza said that as a future action
item, the Council would need to amend the ordinance regarding parking tickets to include Martin
Luther King Jr.'s holiday as an exempt holiday from parking violations downtown. He said he is also
working on the problem of coordinating traffic at South Padre Island Drive and the Crosstown
Expressway with the staff of the Texas Department of Transportation.
Mr. Garza reported that city staff had met with representatives from Calallen Independent
School District to discuss traffic problems on FM 624, and staff is working with TXDOT to enlarge
the school zone area there. Regarding the barite grinding facility, there was no evidence that the
facility caused air pollution. He said staff had also responded to a citizen's question about providing
street lighting on 111-37 from Calallen, saying that the project would cost approximately $3 million.
He added that there would not be a Council meeting on February 7, 1995. The City Manager asked
that the Beach Access and Dune Protection Plan be postponed until the February 21, 1995 meeting;
there was no objection from the Council.
* * * * * * * * * * * * *
In her update, Mayor Rhodes forwarded a letter from the Buccaneer Commission to City
Manager Garza regarding a proposed "rib cook -off event during the Buccaneer Days Festival.
Mayor Rhodes called for Council concerns and reports.
Referring to some articles which recently appeared in the local newspaper, Council Member
Moss asked if the city had a policy in which government officers and law enforcement personnel were
exempt from parking violations. Mr. Garza replied that they were not. Mr. Moss also asked about
receiving data on vehicles outside the six -county area, and about making auto dealers pay parking
tickets for cars with dealer tags.
Minutes
Regular Council Meeting
January 31, 1995
Page 17
Council Member Longoria asked about scheduling meetings with local legislators during the
February 6 legislative briefing in Austin, sponsored by the Texas Municipal League (TML).
Council Member Noyola expressed concern about citizens bringing objects such as fire
extinguishers into the Council Chambers. He also noted that there had not been any radio or
television commercials in Spanish as part of the "Fly Jets" advertising campaign.
Council Member Martin questioned whether a city department had requested the Council
members' presence at the TML legislative briefing. City Attorney Bray said part of the purpose of
that meeting is to invite the legislators to a luncheon, and it is helpful if the Council members are
present as well as staff. Mayor Rhodes said that Mr. Max Wells, TML president, stressed how
important it is for the legislators to be aware of TML's and individual cities' positions on legislative
issues.
Council Member Cooper asked about the status of the "Fly Jets" campaign. Mr. Garza said
he would provide a report. She noted that she had been in Lubbock for a recent meeting, and
experienced an unpleasant flight into that airport, which has lost its jet service.
* * * * * * * * * * * * *
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 5:55 p.m. on January 31, 1995.
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