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HomeMy WebLinkAboutMinutes City Council - 02/14/1995I 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 February 14, 1995, which were approved by the City Council on February 21, 1995. WITNESSETH MY HAND AND SEAL, this 22nd day of February, 1995. Armando Chapa City Secretary SEAL taiLROFILMEq, MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 14, 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 Mr. Keith Wommack, Christian Science Church, following which the Pledge of Allegiance to the Flag of the United States was led by Ms. Adelaide Marlatt, President of the League of Women Voters. 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 31, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor recognized the members of the League of Women Voters who were present at the meeting, and read a proclamation marking February 14, 1995 as the 75th anniversary of the founding of the league in the United States. She noted that the league was established in Corpus Christi in 1945. Ms. Marlatt invited everyone to join the League of Women Voters, which is now open to both men and women. * * * * * * * * * * * * * Mr. Keith Arnold, Chief Executive Officer of the Greater Corpus Christi Business Alliance, Minutes Regular Council Meeting February 14, 1995 Page 2 discussed the February 16, 1995 trip to Washington, D.C. by elected officials and members of the South Texas Military Facilities Task Force. He also invited the Council members to Corpus Christi Day in Austin at the Texas Legislature on February 22, 1995. Responding to Council Member McNichols, Mr. Arnold referred to an agenda regarding the legislative meeting in Austin. Mr. Arnold said the agenda (which was not listed in order of priority) was prepared by the board of directors of the Greater Corpus Christi Business Alliance, * * * * * * * * * * * * * *Council Member Noyola arrived at the meeting at 2:15 p.m. Mayor Rhodes opened discussion on Item 1, an update on the old Nueces County Courthouse. Mr. Tom Utter, Group Manager for Development Services, gave a brief chronology of the old courthouse, beginning in 1977 when it was vacated by the county. Since that time it was sold to Lex -Land Ltd., which subsequently sold it to Bennett & Associates Inc. in 1979. Mr. Utter said several years passed, during which time Mr. Bennett was unable to obtain financing to renovate the courthouse; in addition, his company still owes taxes on the building. In 1992, Justice Building Inc., a non-profit corporation headed by Mr. Dusty Durrill, obtained the title to the building from Mr. Bennett's group. Since then, Justice Building Inc. has been unsuccessfully seeking an investor for the project. Mr. Utter said complicating the situation is the existance of protective covenants which run with the land. The covenants require that the owner of the old courthouse repair and maintain it so as to preserve its historical integrity until May 31, 2018. The Texas Historical Commission (THC), through the Texas Attorney General, has said that due to the protective covenants, the state could sue the city if it attempted to demolish the old courthouse. Mr. Utter added that the THC does not have any money of its own to put into the building. Mayor Rhodes pointed out that Mr. Durrill, through Justice Building Inc., does not owe any back taxes on the old courthouse. Mr. Utter said he did not know if those back taxes could even be collected. And it has been estimated that it would cost approximately $1 million to demolish the building (not taking into consideration the protective covenants which exist). Council Member Best read a letter he had written to Mr. Curtis Tunnell, Executive Director of the Texas Historical Commission, asking if the state would release the protective convenants in exchange for repayment of a $100,000 grant from the commission. Dr. Best then read the response he had received from Mr. Tunnell, who said the convenants could not be bought back. Mr. Tunnell reiterated that the THC feels the courthouse is an important historic landmark. The Mayor said that a local architectural firm had drawn up plans suggesting that Texas A&M Minutes Regular Council Meeting February 14, 1995 Page 3 University -Corpus Christi renovate part of the old courthouse, as opposed to paying to restore the whole building. She added that once the Gateway Project gets underway, it will spur interest in developing the structure. Council Member Longoria said community support for the courthouse was needed to find a viable solution to its future. Council Member Cooper encouraged people to be patient while a developer is found for the courthouse. Mayor Rhodes added that visitors to the area usually have positive comments about the historic building. Council Member Noyola said the city's representatives in Congress should be contacted about assisting the city regarding the old courthouse. Council Member McNichols said there are millions of dollars of projects that are essential to the welfare of the entire community, and he would not support using any public monies to renovate or develop the old courthouse. Mrs. Longoria clarified that she did not advocate the use of public funds for the courthouse, but she did encourage the public's support for Mr. Durrill's efforts. Mrs. Cooper thanked Mr. Durrill for his ongoing efforts in the community. Mr. Durrill said the $100,000 grant from the Texas Historical Commission bought time for the building until the year 2018, but it does not solve the problem of developing the courthouse. He said there would be a groundswell of opposition to any effort to overturn the protective covenants. He added that the School of Architectural Engineering at Texas A&M -College Station indicated it would like to take the old courthouse on as a special project. And the Corpus Christi campus of Texas A&M will be looking at ways in which to expand in 1996, and the courthouse might offer some solutions. Mr. Durrill noted that the building is neither a tax revenue nor a tax drain, but it receives much attention because it sits in a highly visible area of the city. He discussed some of the work that needs to be done on the structure. The Council concurred that there was no action for them to take at this time. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Library Board Gloria Garcia Senior Companion Program Advisory Committee Joann Baker Minutes Regular Council Meeting February 14, 1995 Page 4 sss****rss*s* Mayor Rhodes opened discussion on Item 2, amendment to the 1995-1999 Capital Improvement Program (CIP) and the FY 94-95 Capital Budget. Ms. Grace McNett, Capital Budget Officer, summarized the proposed amendments to the CIP and the capital budget, which she had discussed in detail during the January 31, 1995 Council meeting. She noted that during the original presentation on the CIP in October 1994, the funding sources of the Holly Road improvement project and the Spur 3 project (Texas A&M University - Corpus Christi access improvements) were undetermined. Since that time, staff learned that Spur 3 (Phase I) would need to be funded in FY 94-95, and Holly Road Phase II and Spur 3 (Phase II) funding would need to be included in the FY 95-96 capital budget. Ms. McNett reminded the Council that the factory outlet mall/golf course/RV park in northwest Corpus Christi will now be constructed in phases, and the utility extensions and ramp reversals on IH -37 need to begin in the summer of 1995, so the funding requirements need to be addressed. She also reviewed funding for improvements to McArdle Road, Carroll to Everhart, and the installation of a 36 -inch water main along Holly from the Holly Road pumping station to Rodd Field Road. Other proposed budget amendments included the Wesley Seale Dam spillway gates rehabilitation, Oso Plant odor control, and the Richter Channel widening. Council Member Martin asked why certificates of obligation could not be issued for the outlet center project. City Manager Garza explained that the city does not currently have the available cash flows, but the cash flows generated by the mall once it opens will be dedicated to the project. Mr. Martin said that intent needs to be clearly stated in the official statement. Regarding the ramp reversals, Mr. Garza said originally there had been some indication that the state might be able to fund the ramps, so no funds were allocated for that project; however, the city now needs to pay for the ramps itself. Mr. Martin said the Council approved the concept of the ramp reversals because of a strong indication that the state would pay for them. Mr. Martin expressed concern about the proposal to defer funding of the city's share of street construction in new subdivisions and traffic signal improvements for $100,000 each. Mr. Garza said he was going to use that total of $200,000 to create a cash flow for the city's share of the Spur 3 and the IH -37 ramp reversal projects. Ms. McNett noted that there is $200,000 in reserves, and Mr. Martin suggested that staff use the reserves rather than take funds away from any existing projects; a brief discussion ensued. Mr. Martin questioned the additional $2,750,000 needed for utility relocations, and the estimated cost of $2.4 million for the construction of the Holly Road 36 -inch water main. Mr. Garza explained that when the original capital budget presentation was made in October, a final decision had not been made on the extent of the second phase of the Holly Road improvements. In addition, the 36 -inch water main had not been intended for installation until around the year 2000. Staff Minutes Regular Council Meeting February 14, 1995 Page 5 determined that it would be more feasible to install the water main while Holly Road is being improved, rather than go back in four or five years and dig up the road again. Referring to several other utility relocation projects, Mr. Martin reiterated his concern that some projects requiring joint funding arrangements end up costing the city more than anticipated. He also noted that the estimate on the Wesley Seale Dam project was 30% higher than originally budgeted, and Mr. Garza said staff is carefully reviewing that project. Responding to another question from Mr. Martin, Mr. Garza said the $2.7 million increase for utility relocations had been included in the budget, but were originally unspecified. Mr. Martin then requested written information about the affordability of a $41 million bond sale. Mr. Martin also questioned the proposed amendments to the Municipal Planning Organization (MPO) Transportation Improvement Program projects, for a total reallocation of $850,000. Even though staff indicated that those amendments would have no impact on the FY 94-95 capital budget, he pointed out that if those projects are carried out, they would impact future capital budgets. Mr. Martin said future commitments should be discussed as well. He noted that the FY 94-95 capital budget was proposing to be increased from $46,784,099 to $52,570,349, an increase of $5,786,250 in amendments to the budget. Council Member McNichols said the projects being recommended are basic, necessary projects for which the city must find funding without seeking new sources of revenue. Dr. McNichols also questioned whether the Council had approved funding the ramp reversals for the outlet mall. Mr. Garza replied that the original proposal did include the city's cost for constructing those ramps, despite the staffs unsuccessful efforts thus far to secure funding from the state. A brief discussion ensued. Dr. McNichols expressed concern about the additional $1.5 million needed for the Wesley Seale Dam spillway gates rehabilitation. Ms. McNett said of that amount, approximately $1 million is needed to comply with environmental regulations regarding the disposal of lead-based paint. Dr. McNichols said he would contact the city's legislators and express his objection to the increased cost caused by the federal regulations. Responding to Dr. McNichols, Mr. Garza said the Capital Improvement Program could not have been accomplished without the 6% increase in utility rates. Mr. Garza added that a recent article in the local newspaper regarding comparisons of utility rates was misleading because it only included rates for electricity. He said the city's costs for water, gas, and wastewater are extremely low. He commended the staffs efforts to keep those rates low, specifically citing the increase in capacity of the water treatment plant from 96 million gallons per day (mgd) a few years ago to 192 mgd today, which in effect doubled the capacity of the plant. Dr. McNichols said he supported the proposal to reduce the funding of the new subdivision street construction and traffic signal improvements. Mr. Garza pointed out that even though $100,000 would be taken from each of those two budget items, another $100,000 would still remain for new subdivision street construction, and $70,000 would be available for traffic signal Minutes Regular Council Meeting February 14, 1995 Page 6 improvements. Council Member Galindo said he would like more information regarding legislators' efforts to secure funding from the state for the outlet mall ramp reversals. Mr. Garza pointed out that the city's legislators were also pursuing other, more expensive projects on the city's behalf. Responding to Mr. Galindo, Mr. Garza said in order to sell bonds, the city needs to have the cash flows available to support them. Group Manager Utter noted that the outlet mall should be ready for operation either right before or right after Christmas 1995. Mr. Galindo requested more information regarding the development of the R.V. park. Mr. Utter replied that staff would bring proposals to the Council regarding those projects during the February 28, 1995 meeting. In response to another question from Mr. Galindo, Mr. Garza said the increase of $6,650,000 for water projects would be paid for by virtue of the revenues generated by the five-year plan, which included the 6% utility rate increase. Council Member Moss echoed Mr. Martin's and Dr. McNichols' concerns about the underestimation of some projects in the capital budget. He also said that the reduction in the operating budget of the Oso Plant (resulting from improvements in odor control) could be transferred to the debt service. Mr. Garza discussed the issue of balancing the city's needs (infrastructure improvements, etc.) with the city's ability to pay for them. A brief discussion followed regarding federal mandates. Council Member Longoria said she felt the city should move ahead on the proposed capital improvement projects. In addition, she said the city should continue to seek state funding for the ramp reversals. Mayor Rhodes called for comments from the audience. Mr. J.E. OBrien, 4130 Pompano, questioned whether the city was trying to accomplish too many projects with its current revenue. He expressed concern about the issuance of certificates of obligation, which do not require voter approval. After a discussion on possible changes to the proposed capital budget, Council Member Martin made a motion to amend the proposed FY 94-95 capital budget to not reduce the funding of the city's share of street construction in new subdivisions and traffic signal improvements by $100,000 each, and instead to use $200,000 out of the reserve fund balance. Council Member McNichols seconded the motion, and it passed unanimously. Responding to a question from Mr. Galindo, Ms. McNett said the current budget for the Richter Channel widening was being increased by $380,000, which would be added to the prior year funding of $470,000. Minutes Regular Council Meeting February 14, 1995 Page 7 City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 022153 Ordinance amending the 1995-1999 Capital Improvement Program and the FY 94-95 Capital Budget adopted by Ordinance No. 022076 to revise the program scope, for funding sources for various projects in the street, water, wastewater, and storm water programs, increasing the FY 94-95 Capital Budget from $46,784,099 to $52,570,349. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, submission of a grant application to the U.S. Department of Justice for the COPS AHEAD program. Police Chief Henry Garrett said the city had received approval to apply for the program, and the funds should be available in April or May 1995. Responding to Mayor Rhodes, Chief Garrett said once the three-year grant period ended, the city would have to pay for the additional 10 officers. In response to Council Member Best, Chief Garrett said the city should take advantage of the opportunity to fund more police officers. He said if the funding came in the form of a community block grant, he would still allocate the money for more officers. Council Member Martin said the funding was a way to pay for the additional officers at this time, in the hope of experiencing sufficient growth in the next three years to be able to afford them without a tax increase. Chief Garrett said Congressman Solomon Ortiz's office indicated that the grant would be guaranteed for three years. A discussion followed regarding the structuring of the grant. Responding to Council Member McNichols, Chief Garrett said it was his understanding that the grant would not be affected by current debates in Congress over the crime bill, of which the grant is a part. Council Member Cooper said Chief Garrett made it clear that the additional officers were needed, regardless of whether or not the grant was available. Upon verification from the Police Chief, Council Member Longoria said that more than 10 additional officers were needed, but the grant aided in phasing in the cost of those officers. Council Member Noyola said he thought the public would support the additional officers as Minutes Regular Council Meeting February 14, 1995 Page 8 well. Chief Garrett added that the 10 newly graduated officers will take the place of 10 experienced officers, who will be deployed into the Gang Resistance Interdiction Program (GRIP) to help combat juvenile crime. Mayor Rhodes called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, said he felt the proposal would benefit the city, and he encouraged the Council members to approve it. Chief Garrett announced that the police had arrested an individual who had recently committed a murder. City Secretary Chapa polled the Council for their votes as follows: 3. M95-029 Motion approving the submission of a three (3) year grant application in the amount of $750,000 to the U.S. Department of Justice for ten (10) additional officers made available through the Crime Bill COPS AHEAD program and authorizing the City Manager to execute the contract and designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, amending the Code of Ordinances regarding parking meters. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53, Traffic, Article VI, Standing and Parking, Division 4, Parking Meters, Section 53-180, Definitions, to add Martin Luther King, Jr. Day as a holiday; providing for severance; providing for publication; and forgiving all parking tickets issued on January 16, 1995 and authorizing the refund of all fines already paid. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting February 14, 1995 Page 9 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, awarding a contract for Phase II of the Columbus Fleet Shipyard and Seaport. Mr. RH. Shackelford, Director of Engineering Services, said the contract would provide the necessary platforms for the public to view the Columbus replicas while they are in dry dock. He said bids for Phase III --the expansion of the Corpus Christi Museum of Science and History --would be received in mid- to late -April. A third contract involving lifting two of the ships would be forthcoming as well. Mr. Shackelford described the process by which the company was chosen for the recommended bid award. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: M95-030 Motion awarding a contract in the amount of $1,885,000 to King Isles/Duncan-Russo, A Joint Venture, for construction of the necessary ships' foundations/concrete flatwork and elevated walkways to provide public access to the drydocked ships as part of the construction of the Columbus Fleet Shipyard and Seaport exhibit adjacent to the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, above -ground fuel storage tanks. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: M95-037 Motion authorizing staff to proceed with the public process to amend the City's Zoning Ordinance and Fire Code to allow above -ground fuel storage tanks in more areas. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Council Meeting February 14, 1995 Page 10 * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, a motion to continue the public hearings on the Beach Access Plan. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M95-031 Motion to continue Public Hearings from February 14, 1995 to February 21, 1995 on: a. Dune Protection and Beach Access Plan b. Dune Protection and Beach Access Regulation c. Transportation Plan Amendments The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, and Moss voting "Aye"; Cooper, Martin, McNichols, and Noyola absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 994-1, Total Recycling Services, Inc.: A change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District on 5.0 acres out of Lot 3, H.B. Sheppard Farm Lots, located on the south side of Recycle Drive, approximately 500 feet east of Manning Road. Mayor Rhodes said the Planning Commission and staff recommended denial of the "I-3" District, and in lieu thereof, approval of a Special Council Permit for wholesale storage of petroleum products subject to three conditions. She added that the Airport Advisory Board recommended denial. No one opposed the zoning change. Council Member Martin made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Council Member McNichols expressed concern about the location of the proposed business, Minutes Regular Council Meeting February 14, 1995 Page 11 which consists of bulk and aboveground fuel storage for the recovery and processing of used oil, and its proximity to the Corpus Christi International Airport. Mr. Brandol Harvey, Director of Planning and Development, said the proposed project does not violate any of the Federal Aviation Administration's (FAA) standards regarding height restrictions and its impact on aviation navigation. He noted that the local Airport Advisory Board was concerned about possible hazards in locating the business next to the airport. Group Manager Utter pointed out that the zoning ordinance prohibits large populations of people living near the airport, which is why that area is mostly zoned industrial. Regarding this zoning case, Mr. Harvey said staff was recommending a special permit for the proposed use while retaining the "I-2" Light Industrial District zoning. Responding to Dr. McNichols, Mr. Harvey said he was aware of other airports around the country which have fuel storage businesses located near them, including within their airplane approach areas. Council Member Best cited comments made by Mr. George Hext, Director of Aviation, who opposes the proposed zoning change. Council Member Longoria pointed out that many of the airplanes approaching the airport fly over several refineries in the area. Mr. Martin reiterated that the FAA did not object to the proposed use. Mr. Charles Cartwright, an attorney representing the applicant, explained that the applicant's business involves recovering processed crank case oil, oil filters and antifreeze. Mr. Cartwright used a map and photos to illustrate the proposed location for the business and the flight pattern of the aircraft. He said there are over 60 active oil wells and 3 million barrels of stored oil within the general area. He added that as an assistant city attorney in 1960, he drafted the first airport zoning ordinance for this airport; and in 1975, he served as chairman of the Planning Commission, and is concerned about appropriate zoning uses. Mr. Sonny Hendricks, a former American Airlines pilot and currently a reserve instructor at Naval Air Station Corpus Christi, said he was very familiar with the flight approach in question, having flown it numerous times. He said it was his opinion that the proposed business posed no safety hazard. Dr. McNichols cited the example of the airplane crash in Sioux City, Iowa, as an example of an unexpected air tragedy. Mr. Cartwright added that the applicant chose this location because he was not able to find another "I-3" location that was suitable to his business. Mr. Hext said he objected to the zoning proposal because it was located within the approach zone. Responding to Mr. Martin, he said the nearby oil wells were not located within the critical Minutes Regular Council Meeting February 14, 1995 Page 12 safety zone. He added that the FAA had said the proposed location was outside the area which the FAA regulates, and it was considered to be a local matter. In response to Mr. Moss, Mr. Hext said that statistically, it is about 5,000 times safer to fly around the world than to drive from the city to the airport. Mr. McNichols asked if it was more common for airplanes to crash within the final approach zone. Mr. Hext said that several years ago a study was conducted on the "scatter pattern" of accidents, which indicated that 70% of the accidents which occur within three miles of airports occur on the approach to runways. A brief discussion followed about other businesses located near the airport. Council Member Noyola said he would support issuing the special permit and encouraged the Council to as well. permit. An attorney representing the property owner said the property owner favored the special City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022154 Amending the Zoning Ordinance upon application by Total Recycling Services, Inc., by granting a Special Permit for wholesale storage of petroleum products subject to three (3) conditions in reference to 5.0 acres out of Lot 3, H.B. Sheppard Farm Lots; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; Rhodes, Best, Cooper, and McNichols voting "No." ************* Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 195-1, Dolphin Development Corporation: A change of zoning from "B-2" Bayfront Business District to "AT" Apartment- Tourist District on Padre Island -Corpus Christi, Section C, Lots 11, through 14, located on the west side of Leeward Drive, approximately 450 feet north of Windward Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Minutes Regular Council Meeting February 14, 1995 Page 13 Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022155 Amending the Zoning Ordinance upon application by Dolphin Development Corporation, by changing the Zoning Map in reference to Padre Island -Corpus Christi, Section C, Lots 11, through 14, from "B-2" Bayfront Business District to "AT" Apartment- Tourist 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 opened the public hearing on the following zoning case: 10. Case No. 195-3, Lincoln Property Company: A change of zoning from "3-1" Neighborhood Business District to "B-4" General Business District on Coastal Bend Subdivision, Block 1, Lot 1, located on the north side of Farm to Market Road 624 at Riverside Boulevard. She said both the Planning Commission and staff recommended denial. Group Manager Utter stated that the property is owned by Nations Bank, and a bank representative felt there might have been a misunderstanding of the property owner's intent. Mayor Rhodes said the case needs to go back to the Planning Commission, which would require that it be readvertised. WITHDRAWN * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 17, and Council Members requested that Items 12 and 15 be withheld for discussion; the Mayor added that Item 13 was being withdrawn. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting February 14, 1995 Page 14 11. M95-032 Motion approving the purchase of twelve traffic signal mast arms, ranging in size from 30'- 60', in accordance with Bid Invitation No. BI -0124-95 from JEM Engineering & Manufacturing, Tulsa, OK based on only bid, in the amount of $40,818. These mast arms will be used by Traffic Engineering. Funds are budgeted in FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 13. WITHDRAWN 91 95. 14. M95-034 Motion approving supply agreements for traffic markers which include approximately 70,000 lbs. of glass spheres; 25,250 pavement markers; 260 pavement legends; and 5,000 lbs. of adhesive, in accordance with Bid Invitation No. BI -0104-95, with the following companies for the following amounts, based on low bid for an estimated annual expenditure of $89,007. The term of the agreements 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. These items will be used by the Street Services Department. Funds are budgeted in FY 94-95. Potters Industries Valley Forge, PA $12,600 - Glass Spheres Southwestern Material Georgetown. TX $25,587.50 - Pavement Markers Trantex, Inc. Houston, TX $50,819.50 - Pavement Legends, Adhesive GRAND TOTAL - $89,007 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting February 14, 1995 Page 15 16. M95-036 Motion awarding a contract in the amount of $189,300 to R.S. Black Civil Engineers & Contractors/Machinery & Material (Joint Venture) for the installation of a new trash collecting bar screen at the Power Street Storm Water Pumping Station. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 17. ORDINANCE NO. 022156 Ordinance authorizing the City Manager or his designee to execute Amendment No. 3 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 on March 1,1994 and by Ordinance No. 022103 on December 13, 1994; 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 12, aircraft rescue and firefighting truck and equipment. Council Member Martin expressed concern about the single bid that was received for this item, adding that the city was paying a higher cost for the equipment because of the specifications. City Manager Garza replied that staff would have to work with the FAA on those specifications. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. M95-033 Motion approving the purchase of an aircraft rescue and firefighting truck with auxiliary equipment and supplies in accordance with Bid Invitation No. BI -087-95, based on low bid for radio equipment, firefighting suits, and airlift bags; only bid for truck and remainder of auxiliary equipment. The items will be used at the airport and qualify for FAA participation. Oshkosh Truck Corp. Oshkosh, WI ARF Truck $276,423.00 Pipkoms of Oshkosh Oshkosh, WI Radio Equipment $14,583.00 Minutes Regular Council Meeting February 14, 1995 Page 16 Vallen Safety Supply Corpus Christi TX 29 Line Items Aux. Equip. & Supplies $41,001.62 Casco Industries New Braunfels. TX Hydraulic Rescue Tool $16,026.65 GRAND TOTAL OF AWARDS: $348,034.27 The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin voting "No"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, automotive repair parts. Council Member Moss noted that one vendor's bid was considerably lower than the other bids, and he asked if all the vendors were supplying quality products. Mr. Garza responded that all of the items staff recommended satisfied the requirements of the specifications. He added that the specifications are reviewed annually to ensure that the city's operating requirements are met. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M95-035 Motion approving supply agreements for automotive repair parts in accordance with Bid Invitation No. BI -0106-95 with the following companies for the following amounts based on only bid for Group 7 and low bid for all remaining items, for a total estimated annual expenditure of $233,400. The terms of the contracts will be for twelve months with options 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 Maintenance Services and the Fire Department in FY 94-95. Amold Oil Co., Inc. Corpus Christi. Texas Groups 7,14, 15, 19 & 20 Total: $82,500 Carquest Auto Parts 66 Corpus Christi, Texas Groups 2, 3, 8, 17 & 18 Total: $15,000 CC Brake/Clutch Co. Corpus Christi, Texas Group 13 Total: $16,500 Hi/Lo Auto Supply Corpus Christi, Texas Groups 1,10,11 & 16 Total: $34,700 C.C. Battery Co. Inc. Corpus Christi. Texas Group 4 Total: $20,500 Crosstown Truck Center Corpus Christi. Texas Groups 21 & 22 Total: $35,000 Coastal Dist. Co., Inc. Corpus Christi. Texas Group 5 Total: $19,000 Power Equipment Intl. GRAND Corpus Christi, Texas Groups 6, 9 & 12 Total: $10,200 TOTAL: $233,400 Minutes Regular Council Meeting February 14, 1995 Page 17 The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said staff would meet with the Cable Communications Commission on February 20, 1995 regarding guidelines for the public access channel on TCI Cablevision. He said staff would give a preliminary budget presentation during the February 21 Council meeting, as well as the Dune and Beach Protection Plan. In her update, Mayor Rhodes said a citizen called her about trash that is being shredded by mowers on Leopard Street. The citizen suggested having prisoners pick up the trash before the grass is mowed. Referring to an earlier question from Council Member Martin regarding the total indebtedness of the city, Mr. Garza said the principle and interest totals $368 million, the actual principle balance is $206 million. * * * * * * * * * * * * * Mayor Rhodes called for Council concerns and reports. Council Member Martin asked about the status of the parking lot at the Ethel Eyerly Senior Center. Mr. Shackelford stated that the property has been acquired and the drainage plan is being developed. Mr. Garza said he would see that the project is expedited. Responding to another question from Mr. Martin, City Secretary Chapa stated that 30 days before the election, contracts and zoning cases require a two-thirds vote of the Council to pass. Mr. Martin also questioned the wastewater winter averaging procedure. Mr. Garza replied that there are several different situations that are taken into account when determining the billing. He acknowledged that people who move to Corpus Christi from another city are sometimes temporarily at a disadvantage if they are assigned the community wastewater average and their consumption is actually less than the average. Three months later another average is calculated, and in the event their average is lower than the community average, their account is credited. Mr. Garza said if a citizen moves from one Corpus Christi residence to another and his average is higher, he receives the community average, and another average is calculated later. Mr. Martin said a staff member should be assigned to assess citizens' extenuating circumstances regarding this matter, and Mr. Garza said he would evaluate the situation. Mayor Rhodes noted that the Lindale Senior Center has only one restroom. Mr. Shackelford explained that the necessary petition was ordered in October but due to an oversight, has not yet been delivered. He said a temporary petition would be installed soon. Council Member Moss raised the issue of more street striping that needed to be accomplished, and referred to Item 15 on the day's agenda, supply agreements for automotive repair parts. Minutes Regular Council Meeting February 14, 1995 Page 18 Council Member Best said he had received a phone call from a citizen during a local radio talk show recently, and he said the information the citizen requested was being mailed to him. Council Member Galindo said that the State Board of Insurance has information regarding a free inspection that is available to people after they've had a new roof put on their house to ensure that the work meets certain requirements. Mr. Garza said he would look into the matter. Council Member Noyola requested an update on the daytime curfew, and on the status of repairs to Horne Road between Angela and Greenwood streets. Council Member Cooper said she hoped the city could continue to improve and develop the downtown area and various tourist attractions. She also thanked Mr. Shackelford, Mr. Harvey and Mr. Utter for assisting at her recent townhall meeting. Council Member Longoria asked for a status report on the Northwest Senior Center. She also commented on the February 6 legislative briefing held in Austin, saying she was particularly interested in legislation to increase the city's funding for street improvements and for the Hispanic Arts Center. Mayor Rhodes thanked the legislators who attended the briefing, in particular Representative Vilma Luna. Mr. Martin referred to a program of joint inspections through the State Department of Insurance, whereby the city became certified to conduct their inspections for them. Mr. Utter replied that the State Board denied the city's request. Dr. Best asked Mayor Rhodes to contact Nueces County Judge Richard Borchard about appointments to the Consolidation Committee. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Gary Campbell, 508 N. Mesquite, expressed concern about the appearance of the downtown area. Mayor Rhodes pointed out that the city has invested much money in improving that area, but it has no control over the appearance of privately owned buildings. Mr. Roy Martinez, 1440 Dahlia, discussed the issue of reapplying for zoning applications. He said that unless there is new information pertaining to a zoning reapplication, the minimum time period to reapply should be increased from 12 months to 24 months or 60 months. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:05 p.m. on February 14, 1995. * * * * * * * * * * * * *