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
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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,
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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
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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
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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
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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
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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.
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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
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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.
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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,
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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
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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.
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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.
* * * * * * * * * * * * *