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HomeMy WebLinkAboutMinutes City Council - 02/28/1995I 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 28, 1995, which were approved by the City Council on March 14, 1995. WITNESSETH MY HAND AND SEAL, this 15th day of March, 1995. antita Armando Chapa City Secretary SEAL MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 28, 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 Reverend Buck Griffith, Windsor Park Church of Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 February 21, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes asked Council Member Longoria to accept a donation on behalf of the Center for Hispanic Arts from Valero Refining Company. Mrs. Longoria said the center, which is located on the west side of the city, benefits many people, including the children in that area. She introduced Mr. John Hohnholt, Vice President and General Manager of Valero, who said that he and other Valero officials toured the refurbished arts center and were impressed with it. He presented a check to the Center for Hispanic Arts for $5,000, with plans to donate another $5,000 next year. Mrs. Longoria presented the check to Ms. Alda Godines, Director of the Center for Hispanic Arts, who in turn introduced the board members who were in attendance. Minutes Regular Council Meeting February 28, 1995 Page 2 Mayor Rhodes then asked Mr. John Longoria, Director of the Boys and Girls Club, to introduce the members of Mr. Sheridan C. Lewis' family who were present: Mr. Sheridan C. Lewis III, his mother, Mrs. Margie Lewis, and his two sisters, Lisa and Michelle. The Mayor read a proclamation establishing March 2, 1995 as "Boys and Girls Club and Sheridan C. Lewis Day in Corpus Christi." Mr. Longoria invited citizens to view the facility's improvements. * * * * * * * * * * * * * *Council Member McNichols arrived at the meeting at 2:15 p.m. Mayor Rhodes recognized Mr. Ruperto V. Gonzalez, a Senior Street Foreman for the Water Department, who retired from the city after 25 years of service. * * * * * * * * * * * * * The Mayor opened discussion on Item 3, an update on the FY 94-95 operations and budget, and an overview of FY 95-96. City Manager Garza said that every year about this time staff gives a "state of the budget" presentation as well as solicits direction from the Council in the preparation of next year's budget, which will be presented at the end of May. He said this Council has indicated that its priorities are public safety, services for special populations (elderly, young people, etc.), water and wastewater infrastructure, securing a new supply of water, maintenance of the city's streets, economic development, and productivity and efficiency in operations. In the area of public safety, he noted that the Council approved the addition of 10 police officers. He said other priorities include the annual replacement of police cars and the acquisition of a Fire Department pumper. Using charts, Mr. Garza also compared General Fund expenditures from FY 1991-92, which were $92,120,799, to FY 1994-95, which were $108,376,762, an increase of about $16 million. He said of that, there was a $10 million increase in public safety. In addition, there was a $6 million increase in solid waste, which was mandated. He said the rest of the departments have functioned at basically the same level of funding from 1991-92 to the present. In the area of youth and elderly programs, he said the Mer -School Latchkey Program continues to be very popular among working parents. The city is serving 2,700 students at 30 sites in the Corpus Christi and Flour Bluff school districts. He said the whole program as well as some scholarships are funded entirely by the parents --no tax dollars are used for it. Responding to Council Member Longoria, Mr. Garza said this program has been offered to the other school districts in the area, and they have chosen to operate their own programs. In addition, approximately 1,000 students are expected during the Summer Latchkey Program. Minutes Regular Council Meeting February 28, 1995 Page 3 Referring to programs for the elderly, Mr. Garza said the eight senior centers serve about 145,000 meals a year, and about 98,000 meals are delivered each year to elderly mobility -limited persons. In addition, two new senior centers were opened--Oveal Williams and Zavala Senior Centers. And construction is expected to begin in September on the Northwest Senior Center in West Guth. Regarding water and wastewater infrastructure, the City Manager said there is a five-year program of improvements which will be costly. However, if the city can adhere to the financial plan which was approved last year, then the improvements should be able to be accomplished. Council Member McNichols, referring to the issue of public safety, noted that over 40% of the entire General Fund budget is attributable to public safety, which should be emphasized to the public. Mr. Garza used other charts to compare the city's utility rates with those of other cities. He said one of the disadvantages this city has with regard to wastewater is that because it is so flat, more plants have to be built as the city expands. He said staff is reviewing that policy to determine if other options would be more cost-effective. Mr. Garza also discussed what he called the aggressive building program for the combined utilities which, when completed, will consist of about a quarter of a billion dollars in improvements and extensions to both the water and wastewater infrastructure. Improvements to the water pressure in the northwest area have been favorably received. Staff and individuals from many organizations have been working diligently, said Mr. Garza, on identifying a future water supply for the area. Even though there are some questions regarding the validity of the contract with the Lavaca-Navidad River Authority, staff remains convinced that Lake Texans and Garwood are both the appropriate sources of new water for the city, and that staff acted properly with respect to that contract. Also emphasized this year has been the repair and proper maintenance of streets, in addition to the completion of Waldron Road and of Everhart Road from Holly to Saratoga. Other projects that are beginning include the construction of Old Brownsville Road and McKenzie Road. With respect to economic development, Mr. Garza said the City Council has continued to fund the Economic Development Corporation and now the Greater Corpus Christi Business Alliance. He said that support has contributed to success through the efforts of the South Texas Military Facilities Task Force, the relocation of First Data Corporation to Corpus Christi, and the development of the factory outlet mall. The City Manager commented that there was an increase in the tax base during the last year, and staff is expecting an increase of about 2% for the upcoming year. Regarding productivity and Minutes Regular Council Meeting February 28, 1995 Page 4 efficiency, the Administrative Analysis Committee, under the chairmanship of Council Member Moss, meets once a month to review matters affecting employee productivity. The Safety Focus program was implemented in March 1991, and resulted in workmen's compensation costs of $1.3 million in 1994, a reduction of about $4 million in four years. Using another chart, Mr. Garza demonstrated how only 22% of the property taxes paid go to the city --the rest are divided among other taxing entities. He said it is important for people to understand that the city is a small part of the overall tax burden on local taxpayers. Council Member Best asked about the status of the Southside Treatment Plant and the Oso Treatment Plant. Mr. Garza replied that there are no plans to enlarge or modify the Oso plant except to reduce the odor. Regarding the Southside plant, Mr. Garza said it is important to concentrate on the treatment capacity itself, not necessarily where it will be located. He noted that there are plans to divert flows away from the Oso plant to the Greenwood Treatment Plant and, possibly, to divert return flows to the Nueces River. Dr. Best then asked if the Southside plant will be built at any time in the future, and Mr. Garza responded that that remains to be answered. One important point is to find the least expensive way to operate the treatment plants, and Mr. Garza said there is a good argument that the fewer plants there are, the less expensive it will be for the city to treat its wastewater. Another point to consider is the effect wastewater will have on the city's supply of freshwater. He added that due to the 6% utility increase, adequate wastewater treatment will be guaranteed for the whole city. Referring to a chart illustrating tax rates, Dr. McNichols emphasized that the only rate the city can control is its own tax rate. And the city's portion of the tax rate ranks seventh of the nine largest Texas cities. Mr. Garza said one of the competitive advantages that San Antonio has over Corpus Christi is that San Antonio does not have to treat its water because it comes directly from the aquifer. Then that city is able to overcharge the cost of delivering the water to their customers, and then pay back money to their General Fund. Council Member Cooper asked if other Texas cities raised or lowered their tax rates recently, and Mr. Garza said staff would provide that information. She also asked about the approximate cost of building the Southside Treatment Plant. The City Manager said the cost would depend on the capacity of the plant. Council Member Martin asked staff to determine the cost of utilities per month or per year for an average family and then rank them. Mr. Garza then discussed a chart comparing the property tax rates since 1986 of the major taxing entities in the area, and most of them (including the city) have remained flat, with the exception of CCISD's tax rate. Minutes Regular Council Meeting February 28, 1995 Page 5 Council Member Moss, Chairman of the Administrative Analysis Committee, said one of the most important facets of that committee is the performance measurement program. He said the committee's basic goal is to make city government more cost effective, and one indication of that has been the city's ability to increase its spending in the area of public safety while maintaining a steady tax rate. Ms. Susan Cable, Director of Communications and Quality Management, distributed copies of a progress report of the Performance Accountability System that was established for the city's Street Department. She described how that system was developed, including listing the department's activities and defining quality standards. She noted that the department is now able to generate monthly and annual reports from a data base on its progress, as well as compare its ability with that of the private sector and other cities. Other departments are scheduled to utilize this Performance Accountability System, as well. Mr. Moss noted that with this pilot program in the Street Department, the city now has the opportunity to improve cost efficiencies and apply this model to other operations. Dr. McNichols commented that this information would be very beneficial in determining productivity throughout the city. Ms. Cable said one of the challenges in trying to compare this information with other cities is that not everyone has the data that Corpus Christi is now collecting. Responding to Council Member Longoria, Ms. Cable said other departments that might use this evaluation system are Maintenance Services and Solid Waste Services. Council Member Martin pointed out that this information allows the Council to make decisions based upon cost as well as desirability. Council Member Galindo said this data is also important in demonstrating to the public the city's productivity. Mr. Garza added that staff is initiating discussions with the Police Association for a new contract, which will probably impact the budget next year. Also, staff needs to bring to the Council a study regarding a new fire station on the south side of the city. He expressed frustration about rising costs in the operation of the landfill. Mr. Martin asked when the Council would have the opportunity to make some policy changes regarding the budget process. Mr. Garza encouraged the Council to contact him with those concerns. Dr. McNichols expressed particular concern about the debt service coverage, and Mr. Garza commented that staff would have to make a change in the revenue structure of the debt service fund in order to achieve 75% debt service coverage. Mrs. Cooper suggested that some of the charts presented at the meeting be reprinted in the newspaper to demonstrate to the public how fiscally sound the city really is. Mr. Garza noted that those charts were reproduced and distributed to the media. He reiterated that much of the money that has been saved through increased efficiency and other means has been rededicated to public safety. Minutes Regular Council Meeting February 28, 1995 Page 6 •s*sss*ssssrs Mayor Rhodes opened discussion on Item 4, public access channel guidelines. Council Member Martin noted that the recommendation was for a six -step process addressing penalties for violating public access channel guidelines. He made a motion to adopt a two-step disciplinary approach (rather than the six -step proposal), with a 10 -day suspension following the first violation. In addition, the warning would require that the user correct the tape containing the violation before it would again be shown. And termination of public access use would result upon the second violation. Council Member Moss seconded the motion. Council Member McNichols asked for a legal opinion on the two-step disciplinary approach. City Attorney Bray stated that the shorter time frame increases the chances that a court might find this action invalid. If that occurred, the Council would have to rewrite its public access channel guidelines. Mayor Rhodes asked if the two-step process was defensible, and Mr. Bray replied that it was. Council Member Noyola stated that many of the public access users are volunteers, not professionals, and may make innocent mistakes, such as a cameraman accidentally showing a sign advertising a company or product, which is prohibited. He added that TCI Cablevision of Texas should pre-screen the users' videotapes before they are aired on the public access channel. Mr. Noyola said he would not support the proposed amendment. Mayor Rhodes replied that she would support the amendment because the users should be aware of the guidelines, which are not complicated to follow. Council Member Cooper said she supported the amendment as well. In response to her question, Deputy City Manager Hennings said TCI determines whether or not a user has violated the guidelines. She also asked if the amendment would incorporate the appellate procedure, and Mr. Bray replied that the appellate procedure in the current ordinance would remain the same. Mrs. Cooper noted that the ordinance should be able to withstand free -speech challenges. Referring to comments made by Mr. Noyola, Mr. Martin inquired whether an inadvertent showing of a sign or ad during a program would be a violation. Mr. Bray said inadvertence is not presently a defense, but that staff is developing a detailed list for the public access users about what they are and are not allowed to do. Mr. Noyola reiterated that TCI should be responsible for pre- screening the tapes. City Secretary Chapa polled the Council for their votes on the motion to amend, and the motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Galindo absent. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting February 28, 1995 Page 7 Mr. Raymond Hasker, 1813 Wallace, raised the question of who would screen the tapes. He said the proposed ordinance was poorly worded and should not be supported. Referring to Mr. Hasker's question about screening tapes, Mr. Dennis Moore of TCI Cablevision of Texas Inc. said primarily new users are screened, as well as those who have a history of violations or those who are "borderline." Mr. Ray Madrigal, 3002 Churchill, said he helps produce the "Coffee Club" public access program, which has unintentionally violated the rules in the past. He stressed that the program is produced by volunteers as a public service. Mayor Rhodes noted that a clear set of rules will be provided to the users. She added that access to this public television channel is a privilege. Responding to Mr. Martin, Mr. Bray stated that it would be more difficult to adjudicate if one tried to establish intent in all of the violations. Mr. Martin said it is possible that intent could be a criteria for an appeal, and Mr. Bray agreed. Mr. Hennings said that the Cable Communications Commission discussed two circumstances of rules violations --one which they thought was an inadvertent violation, and another which they thought was a blatant attempt to sell a product. It was the commission's idea to establish a warning in response to the concern about inadvertent violations. Mr. Leon Perez, 904 Buford, said the Council was appointing itself censors. Mayor Rhodes said the Council was not censoring content but was providing a list of rules that were necessary in determining use of the free access channel. Mr. Bray said the general categories in which violations may occur are advertising commercial products, political advertising, lotteries, and obscenity, and those have been in effect since the franchise was approved in 1981. The Cable Commission felt that more specific guidelines should be added to these categories. City Secretary Chapa noted that the proposed ordinance was listed as an emergency ordinance, and he asked if the ordinance should be changed to two readings. Mayor Rhodes said it should be two readings. Mr. Chapa then polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Ordinance amending the operating rules of the cable television public access channel to define violations of the rules; specifying civil penalties for such violations; and specifying complaint investigation and appeal procedures. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Best, Cooper, Martin, McNichols, and Moss voting "Aye"; Galindo, Longoria, and Noyola voting "No." Minutes Regular Council Meeting February 28, 1995 Page 8 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, submission of a grant application for a Crime/Traffic Analysis Unit. Police Chief Henry Garrett said the first year of the five-year grant would be funded 100%, decreasing 25% each subsequent year. Responding to a question from Mayor Rhodes, Chief Garrett said the Police Department has the technology and the computer support data in place, but they do not have the personnel to operate it. This grant will allow the department to hire two persons --a Crime Analyst and a Data Entry Clerk III --to develop crime bulletins and to disseminate information about criminal activities. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chaps polled the Council for their votes as follows: 5. M95-044 Motion approving the submission of a grant application in the amount of $62,974 to the Office of the Govemor, Criminal Justice Division to establish a Crime/Traffic Analysis Unit within the Police Department 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, and Moss voting "Aye"; Noyola absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, agreement with Browning-Ferris, Inc. (BFI). Mr. Tom Utter, Group Manager for Development Services, stated that beginning April 1, BFI will now be able to accept in the green recyclable bins magazines, empty metal aerosol cans, corrugated cardboard, any type of aluminum products as long as they are clean, and mixed office papers. He said BEI would charge a $39 per ton processing fee for collecting newspaper, colored inserts and mixed paper. Regarding the co -mingled bottles and cans, Mr. Utter said BFI's processing fee will be based on aluminum prices --as aluminum prices go up, the processing fee comes down. However, under no circumstances would the city ever be in a deficit position with BFI. Responding to Council Member Moss, Mr. Utter said the net cost to the city will be less. Minutes Regular Council Meeting February 28, 1995 Page 9 Council Member Cooper pointed out that only one response was received to the city's request for proposals, and Mr. Utter explained that Browning-Ferris is one of the largest recycling companies in the country. He said that the other companies might have felt BFI could accomplish the work at a more competitive rate. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chaps polled the Council for their votes as follows: 6. M95-045 Motion authorizing the City Manager or his designee to execute an agreement with Browning-Ferris, Inc. to provide for receiving and marketing of all recyclables collected in the City-wide Curbside Recycling Program and other City recycling programs. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." rt*ssssr***s* Mayor Rhodes opened discussion on Item 7, amending and adopting the city's Transportation Element. Council Member Galindo questioned the proposal to adapt a portion of Saratoga Boulevard. Mr. Utter introduced Mr. Bob Payne, Senior City Planner, who showed slides illustrating plans for moving the intersection of Saratoga and Old Brownsville Road. Mr. Payne also discussed increased growth at the Corpus Christi International Airport. Mr. Carl Crull, Group Manager for Public Works and Utilities, noted that there is no funding at the present time for the project in question, nor is there a cost estimate for it. He said the purpose of the Transportation Plan is to set a guide for the long-range development of the city's transportation system. He said it assists the staffs of the Planning and Engineering Departments, as properties develop, in making requirements for right-of-way dedications. In addition, it helps developers as they plan their developments. Responding to Council Member Longoria, Mr. Crull said the Transportation Plan calls for Saratoga to eventually loop around the city and connect with Rand Morgan Road. He reiterated that this proposal was adapted to accommodate the Airport Master Plan. Council Member Martin raised questions about the airport plan and its relation to the Saratoga -Old Brownsville Road intersection. In response to Council Member McNichols, Mr. Utter discussed plans for an alternative roadway on Padre Island. 7 Minutes Regular Council Meeting February 28, 1995 Page 10 Mayor Rhodes called for comments from the audience. Mr. Jimmy Till, 1265 SouthernMinerals Road, asked if the Transportation Plan would restrict development in an area where he owns property. Mr. Utter replied that it would not, and might even increase the potential for development in that area. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 022166 Amending and adopting the Transportation Element of the City of Corpus Christi Comprehensive Plan (The Urban Transportation Plan) adopted by the City Council on April 21, 1965 as amended, revised, and updated by making additions, deletions, and changes to the street network in the Southside, Westside, Port/Airport/Violet, North Central, South Central, Oso Parkway, and Mustang -Padre Island areas; adopting new street cross sections; adopting those transportation portions of the Southside, Westside, Port/Airport/Violet, North Central, and South Central areas previously approved by resolution and adopting the Southside, Westside, Port/Airport/Violet, North Central, and South Central Area Development Plans previously approved by resolution. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo absent. **srss*r**s*t Mayor Rhodes opened discussion on Items 8.a. -8.e., annexation of land and contracts associated with the factory outlet mall. She noted that there were two motions to amend as follows: To Amend Item 8.a.: Motion amending Section 14 of the real estate sales contract between the City of Corpus Christi and Garnett T. Brooks and Patsy A. Brooks to change the first condition of sale therein contained from "five (5) years" to "six (6) years, subject to force majeure" for completion of the golf course and other related facilities, and conforming the Deed and Drainage Easement to comply herewith; and adding a definition of "force majeure" as follows: "unforeseeable causes beyond the control and without the fault or negligence of the City or its Contractor, including but not limited to inability to obtain supplies, and materials, acts of God or the public enemy, fires, floods, hurricanes, tropical storms, epidemics, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center), or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault of the City or its Contractor is involved." Minutes Regular Council Meeting February 28, 1995 Page 11 To Amend Item 8.b.: Motion amending Section 13 of the real estate sales contract between the City of Corpus Christi and The Brooks 1994 Family Trust, Garnett Tabor Brooks III, and Laura Ann Brooks, Co -Trustees, to change the second condition of sale (ii) therein contained from "five (5) years" to "six (6) years, subject to force majeure" for completion of the golf course and other related facilities, and conforming the Deed to comply herewith; and adding a definition of "force majeure" as follows: "unforeseeable causes beyond the control and without the fault or negligence of the City or its Contractor, including but not limited to inability to obtain supplies, and materials, acts of God or the public enemy, fires, floods, hurricanes, tropical storms, epidemics, strikes, freight embargoes, unusually severe weather conditions (weather which is beyond the normal weather recorded and expected for the season or seasons of the year in the records of the National Oceanic and Atmospheric Administration's Climatic Data Center), or delays of subcontractors due to such causes; all provided that actual stoppage of work ensues and no fault of the City or its Contractor is involved." The Mayor made a motion to amend items 8.a. and 8.b. as recommended by staff (above), seconded by Council Member Galindo, and passed unanimously. Responding to Council Member Moss, Mr. Utter discussed plans to build the municipal golf course, and City Manager Garza pointed out that the golf course depended on revenues from the outlet mall. Council Member Martin asked about the possibility of earmarking sales taxes to benefit the factory outlet funding. City Manager Garza replied that he had spoken to the city's financial advisor about that issue, but it was not yet resolved. Mr. Martin also asked about the percentage requirement of "genuine" factory outlet stores located in the mall. Mr. Utter said staff could discuss the issue with the developer and clarify the agreement if necessary. Mr. Martin recommended that staff begin the process of having the golf course designed. He added that the community's support of the project was essential to its success. Mr. Galindo asked about the schedule for construction of the golf course and the R.V. park. Mr. Utter replied that the mall was expected to open in the spring of 1996, with construction of the golf course to begin in 1996 as well. He said the R.V. park has to begin construction within 12 months of the completion of the golf course. Council Member Noyola expressed concern about funds being unavailable for the construction of the golf course. Mr. Utter said staff is confident that the factory outlet mall will be successful, thereby providing the necessary funds. He added that he thought staff s projections for the use of the golf course were conservative --that it would be utilized more than is anticipated. Council Member McNichols asked about the developer's commitment prior to the extension of utility lines and construction of the ramp reversals. City Attorney Bray replied that once the Minutes Regular Council Meeting February 28, 1995 Page 12 developer (through the contractor) undertakes construction of the outlet center, then the city's commitment to the utilities and ramps begins. Responding to the earlier question regarding the percentage requirement of "genuine" factory outlet stores located in the mall, Mr. Stan Samberg of Rothschild Realty said it is the developer's intent to keep the mall as "pure" a factory outlet mall as they can. However, he said, there are some "big -name," large square -footage stores which have expressed interest in being included in the mall which are not designated factory outlet stores. In response to Mayor Rhodes' question about the opening date of the outlet mall, Mr. Samberg replied that the developer hopes to begin breaking ground for the center in May 1995, and be open no later than March 1996. Mr. Galindo asked about the $50,000 liquidated damage provision to the city if the RV park is not completed. Mr. Utter explained that $50,000 seemed to be an adequate penalty and an adequate assurance that the project would move forward. Responding to a question from Mr. Martin, Mr. Utter replied that the contract, as it exists now, simply provides that of the first 150,000 square feet, 84,000 square feet would be leased out to "genuine" factory outlets, and they must have pre -leased 70% of the 150,000 square feet (or 105,000 square feet). A lengthy discussion ensued regarding what constitutes a "genuine" factory outlet store, and the city's intent to not support a competitive retail mall. Council Members concluded that the proposed contract was acceptable as presented. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, asked if there were any other Tourist -Industrial Districts located elsewhere in Texas. Referring to the proposed project, he expressed concern about more debt being incurred by the city without voter approval. Mr. Utter replied that he did not think there were any other Tourist -Industrial Districts in the state. Referring to another comment by Mr. O'Brien, Mr. Bray pointed out that Items 8.a., 8.b. and 8.d. were motions and did not require two readings. Mr. Tim Clower, a local developer, commented that when the project was first discussed it was the city's and the developer's intent to build a factory outlet center. He added that a certain number of "non -genuine" outlet stores would be needed at the center, such as restaurants, etc. Ms. Jeanette Hallmark thanked the Council and staff for their time and energy they have invested on this project. She said the increased tourism that will result will benefit the entire city, not just the northwest area. Responding to Mr. Martin, Mr. Utter replied that a nationally recognized design firm had conducted an analysis on the project and staff felt confident that the outlet center would be successful. Minutes Regular Council Meeting February 28, 1995 Page 13 City Secretary Chapa polled the Council for their votes as follows: 8.a. M95-046 Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales Contract with Garnett T. Brooks and Patsy A. Brooks, conveying approximately 180 acres, roughly bounded by the Union Pacific Railroad, the Nueces River, and the CPL right-of-way, which is the southerly boundary of the tract being conveyed, to the City in consideration of the City installing water and wastewater lines to adjacent property owned by Mr. and Mrs. Brooks, roughly bounded by I.H. 37, the Nueces River, and the Union Pacific Railroad. If the new golf course is not constructed within seven (7) years from the date of closing of the property automatically reverts to Mr. and Mrs. Brooks. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 8.b. M95-047 Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales Contract with the Brooks 1994 Family Trust, Garnett T. Brooks, III, and Laura Ann Brooks, Co -Trustees, conveying a roadway right-of-way to the City to provide access to the proposed new golf course site; said roadway right-of-way being approximately 60 feet wide by approximately 950 feet long from approximately the intersection of Ripple Street and Sharpsburg Road across the Brooks 1994 Family Trust Property to the CPL right-of-way which is the northerly boundary of the Brooks 1994 Family Trust Property. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 8.c. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a Tourist Industrial District Agreement with the Brooks 1994 Family Trust, Garnett T. Brooks, III, and Laura Ann Brooks, Co -Trustees; reserving and preserving all rights, powers, and duties of the City Council. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 7 Minutes Regular Council Meeting February 28, 1995 Page 14 8.d. M95-048 Motion authorizing the City Manager, or his designee, to execute an Infrastructure Agreement with Samberg/Corpus Christi, Inc., which can be assigned to Rothschild Realty, Inc., or one of its affiliates, requiring the City to install water, wastewater, and gas lines to property owned by Garnett T. Brooks and Patsy A. Brooks, roughly bounded by I.H. 37, the Nueces River, and the Union Pacific Railroad, and to cause a ramp reversal on I.H. 37 adjacent to the Brooks property upon the developer commencing construction of a retail factory outlet center on the Brooks property. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 8.e. ORDINANCE NO. 022167 Annexing a 64 acre tact, 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. as 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. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes reiterated that there is always risk associated with new business ventures, but the factory outlet center would be very beneficial to the area, and she expressed her support and enthusiasm. ssssssss*r**s Mayor Rhodes called for a 10 -minute recess. :*rs*ssr*srs♦ Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. C195-4, City of Corpus Christi: Consider zoning the newly annexed area a "B-4" General Business District and "R -1B" One -Family Dwelling District on a 121 -acre tract out of a portion of I.H. 37 and a portion of the grant to Gregorio Farias, Abstract Number 592, located between the west LH. 37 right-of-way line and west Union Pacific Railroad right-of- way line, south of Nueces River and north of Sharpsburg Road. 7 Minutes Regular Council Meeting February 28, 1995 Page 15 Mayor Rhodes stated that the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022168 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the Zoning Map in reference to a 121 -acre tract out of a portion of I.H. 37 and a portion of the grant to Gregorio Farias, Abstract Number 592, to 'B-4" General Business District on Tract 1 and 'R -1B" One -family Dwelling District on Tract 2; 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. C195-5. City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling District to '13-1" Neighborhood District on Hopper Addition Unit 2, Block 8, Lots 17A & 1713, located on the north corner of South Staples and Doddridge Streets. Mayor Rhodes stated that the Planning Commission and staff recommended approval. She added that a letter contesting the proposal had been submitted. Council Member Martin commented that in reviewing this zoning case, there is a tendency to examine only the rezoning; however, the effect of the rezoning is to possibly create a different pattern of use for the remaining property. He added that in order for the Council to approve this proposal, the Council should also understand the planned layout for the new fire station. Mr. Martin said he would be opposed to the zoning change if the fire station activity would be located on the Doddridge portion of the subject property. Group Manager Utter showed a map of the subject property, noting that the proposed fire station would be located on South Staples, with an entrance driveway located on Doddridge and an entrance/exit driveway on Staples. Mr. Martin stated that the city should ensure proper screening around the subject property so as not to adversely affect the character of the adjacent neighborhood. Mr. Utter replied that this fire station has been an accepted member of the neighborhood for over 40 years. Minutes Regular Council Meeting February 28, 1995 Page 16 Mr. Brad Smith, 3737 Pope Drive, stated that he and his neighbors recognized that the subject property adjacent to their homes was a valuable piece of land, but he expressed concem that their property values would decrease if the property were developed commercially, as is proposed if the zoning change is granted. He noted that Mr. Utter and staff had met with the neighbors, and staff indicated it was the city's intent to preserve the barrier between the neighborhood, the fire station and any commercial development there. Mayor Rhodes asked if there were a way to guarantee that the city's intention to preserve the barrier will be carried out. City Attorney Bray responded that the Council could pass a resolution stating their intention that the rest of the subject property not be rezoned for commercial use. Even without a resolution, Mr. Utter noted that it would not be feasible in the foreseeable future to develop the city's property commercially because of the cost of relocating some major water and sewer lines that currently exist there. The Mayor said the Council could approve this zoning change with the expectation that a resolution would be brought back to the Council in two weeks during the March 14 meeting. Council Member Noyola said the neighbors were concerned about any other development on the comer of South Staples and Doddridge, and he questioned the layout of the new fire station. Mr. Utter reiterated that the principle entrance and exit would be on Staples Street. Council Member McNichols said the neighbors would be protected by the fact that the fire station exists on property that is zoned "R -1B," which allows single-family residential development. Mr. Leon Loeb, Managing General Partner of Loeb & Co. Ltd., apologized to the Council if he inadvertently offended anyone with remarks he had made during an August 1994 Council meeting regarding a previous zoning case Referring to the current zoning case, Mr. Loeb stated that his company owns Hamlin Shopping Center, located across the street from the subject property. He said his principle concern in opposing this zoning was the fear of increasing pressure placed on the residential neighbors to be redeveloped commercially. He compared this zoning case with his company's previous zoning request last year, stating that the Council opposed the previous request because they viewed it as commercial encroachment into a neighborhood. Mr. Loeb also questioned the use of "R -1B" zoning for fire stations. Mr. Martin pointed out that it has been at least 10 years since a special permit was granted to the owner of an animal cleric located east across Doddridge Street from the subject property, and there have been no further encroachments into the neighborhood since then. He added that the resolution should also indicate the staff's intention and the Council's support for locating the fire station and its main driveway on Staples Street. Council Member Best suggested that a special permit with an accompanying site plan be prepared to ensure that the location of the new fire station is clearly indicated. Mr. Utter replied that that action would be appropriate if the remainder of the property were being rezoned, but it is not. Minutes Regular Council Meeting February 28, 1995 Page 17 He said that staff will include a detailed description of the fire station's location in a resolution; in addition, the Council will have authority over the issuance of the contract to build a new fire station, before the bidding begins in about 30 days. Mr. Galindo expressed concern about additional traffic being created on Doddridge with the relocation of the fire station. Mr. Utter stated that there would be minimal access off of Doddridge, adding that a well-planned, well -landscaped entranceway from Doddridge would be necessary. He also said that staff will meet with neighbors to discuss the proposed resolution before bringing it to the Council in two weeks. Council Member Cooper said she would prefer that the Council approve the resolution before approving the zoning change. Mr. Utter said that there is a specified time by which the city must varate the old fire station, according to the proposed contract with Peacock Properties. Mrs. Cooper made a motion to table the zoning case for two weeks, seconded by Mr. Noyola. Mayor Rhodes called for a hand vote on the motion, and it failed to pass. Council Member Galindo made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022169 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Hopper Addition Unit 2, Block 8, Lots 17A & 17B, from "R- IB" One -family Dwelling District to "B-1" Neighborhood Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, and Moss voting "Aye"; Cooper, McNichols, and Noyola voting "No." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. 195-6, Fast Flow, Inc.: A change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Brezina Farm Tracts, Block 1, the north 1.21 acres out of Lot 4A, located on the west side of Brezina Road, approximately 1,300 feet south of Bratton Road. Mayor Rhodes stated that the Planning Commission and staff recommended approval. Minutes Regular Council Meeting February 28, 1995 Page 18 No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. Council Member McNichols requested background information about a portion of the Planning Commission minutes from January 25, 1995 regarding large-scale rezoning changes. Mr. Utter said he would provide that information. Council Member Martin questioned whether such a statement was actually made. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022170 Amending the Zoning Ordinance upon application by Fast Flow, Inc., by changing the Zoning Map in reference to Brezina Farm Tracts, Block 1, the north 1.21 acres out of Lot 4A, from "R -IB" One -family Dwelling District to "I-2" Light Industrial 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: 12. Case No. 195-7, Roy Smith: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 0.95 acre out of Lot 16, Section 28, Flour Bluff and Encinal Fann and Garden Tracts, located on the southeast corner of South Padre Island Drive and Rodd Field Road. Mayor Rhodes stated that the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Martin, and passed unanimously. Responding to Mr. Martin, Mr. Tim Clower, a local developer, said he could not discuss at this time further plans for the property. Council Member McNichols expressed concern that a bar could be placed on the property. Mr. Clower said that even though he could not guarantee that it would not happen, he did not foresee a bar being built on the subject property. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting February 28, 1995 Page 19 ORDINANCE NO. 022171 Amending the Zoning Ordinance upon application by Roy Smith, by changing the Zoning Map in reference to 0.95 acre out of Lot 16, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 13 through 20, and Council Members requested that Items 13, 17, 18, 19, and 20 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 14. M95-050 Motion approving a supply agreement for approximately 9,410 gallons of pavement marking paint in accordance with Bid Invitation No. BI -0136-95, with Roadrunner Traffic Supply Inc., Ft. Worth, Texas, based on low bid for an estimated annual expenditure of $53,978.20. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. This paint will be used by the Street Services Department. Funds are budgeted in FY 94-95 by Street Services. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15. M95-051 Motion authorizing the City Manager to proceed for Request For Proposals (RFP) to perform the Financial & Compliance Audit requirements for Fiscal Years ending July 31st 1995, 1996, and 1997, subject to Council approval for each fiscal year. 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 28, 1995 Page 20 16. M95-052 Motion approving the final Change Order to the subject contract with Haas -Anderson, Inc. in the amount of $47,927.25 to reflect final costs for additional roadway, drainage and ADA compliance on Everhart Road between Holly and Saratoga. 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 13, police uniforms. City Manager Garza explained that there were two bids for this item. The bid that staff was recommending, which was submitted by Werner Uniforms of Corpus Christi, did not include the front sheet of the bid document. Werner Uniforms did sign and submit the bid sheet itself, and the documents were reviewed by the City Attorney, who indicated to Mr. F.D. Glenn, Purchasing Agent, that he had discretion to waive that first page requirement because the bid quote is contained on the second sheet. Mr. Garza added that the second low bidder contested the staff's recommendation, and was present at the day's meeting. Council Member Martin asked if such a procedure had occurred in the past, or if any bid had ever been rejected for that reason. Mr. Garza replied that staff researched the issue and could not find that this had happened previously. Responding to Council Member Galindo, Mr. Garza explained that the cover sheet of the bid document has the number of the bid specification, a list of documents that follow, and it states that the bid is applicable for 90 days (unless the bidder specifies otherwise). He added that the low bidder has since submitted the cover sheet. Mr. Galindo asked if this affected the integrity of the bidding process, and Mr. Garza answered that it does not affect the bid. Mayor Rhodes called for comments from the audience. Mr. Billy Jack Noles, who with his wife owns B.J.'s Uniforms and Irving's Uniforms, said that before he began submitting bids to the city, staff reviewed the bid instructions with him. In the instructions it states that the bid invitation sheet is a guarantee that the bidder read and complied with all of the invitation. He said that he had submitted a lower bid to Corpus Christi Independent School District (CCISD) but had failed to include the first sheet of the bid packet, and his bid was rejected for failure to include it. Mr. Noles said Werner Uniforms' bid was not complete and should be rejected. Minutes Regular Council Meeting February 28, 1995 Page 21 Mr. Garza stated that staff inquired with CCISD why Mr. Noles' bid was rejected, and CCISD officials replied that Mr. Noles had failed to sign the bid sheet, not that he had failed to submit the first sheet. Mr. Garza added that the city would have rejected Mr. Noles' bid for the same reason. Mr. Noles countered that he had signed all of the documents for CCISD except the front sheet. Responding to Mayor Rhodes, Mr. Garza said the options regarding this situation were to rebid the item, to award the bid to the second lowest bidder (which was Mr. Noles), or to award the bid, as staff recommended, to the lowest bidder, Werner Uniforms. Mr. Noles renewed his objections, reiterating that the instructions were very specific about including all of the proper documents in the bid envelope. City Attorney Bray stated that the general specifications reserve the right to the city to waive any defect, irregularity or informality in any bid or bidding procedure. He said when staff investigated this, they looked closely at whether there could have been any advantage to the bidder in leaving out the first page, and concluded there was none. The bidder did sign all three of the sheets that included detailed information about the bid. Council Member Noyola said the bid should be awarded to Mr. Noles because he properly followed the procedure and Werner Uniforms did not. Council Member Galindo said he thought one option was to rebid the item, although he was more in favor of awarding the bid to Mr. Noles, emphasizing the need to maintain bid procedures. He made a motion to award the bid to Mr. Noles, seconded by Mr. Noyola. Mr. Martin asked if failure to submit the first sheet of the bid would allow the bidder to change his price, and Mr. Garza replied that it would not. He added that the first sheet is just a form; the necessary information is contained on the following sheets. Mr. Martin pointed out that the lowest bid was approximately $4,000 less than the second lowest bid, and the sheet that was not submitted had no meaning to the resulting bid. He said the bid should be awarded to Werner Uniforms as recommended by staff. Council Member McNichols said if the first sheet contained identification data only, he would agree that it was not significant to the final bid. However, the first sheet states that the bid documents must be properly completed and returned as the bid, and there is a statement saying that the undersigned agrees to fully comply with the stated provisions. Dr. McNichols said that in order to keep the bidding process intact, the bid should be awarded to the second bidder, Mr. Noles. Responding to Mr. Galindo, Mr. Garza said the city is not allowed by law to accept a late bid. Mr. Bray added that the bid deadline is published in other places in addition to the first page of the bid sheet. 1 Minutes Regular Council Meeting February 28, 1995 Page 22 Council Member Longoria said she was concerned about the credibility of the city's bid process. She noted that she and her husband own a sheet metal fabrication company, and they have been submitting bids for at least 21 years. She said submitting bids is an exact process. Mayor Rhodes said she would vote against the motion to award the bid to the second bidder because she felt the best option was to rebid the item. She called for a hand vote on the motion, and it failed to pass. The Mayor then made a motion to disregard the staffs recommendation and instead rebid the item, seconded by Council Member Best. The motion passed by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, and Moss voting "Aye"; Martin, Galindo, and Noyola voting "No." 13. WITHDRAWN motion approving a supply agreemv t fur police l,n.furms which include • . •. V al appro,Um • • cILLU Um1VI WS, li0lpu ., JGU On !OW Ula 10. do 1...J 11116 alnlu Ltpll 1.11 OI 34 /,U /L. I L� t�7/I 01 16 agi 1-1 si t0 cxtcnd fur up t0 all additiOndl twelve aio1111is, subject to flit appwval of flit supp!ki and the City Manage o. lis designTY 94-95 Ly the 1l,Lcc Dup . * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 17, sliplining change order. Council Member McNichols said he understood the need to provide for the sliplining of an additional 2,200 linear feet of sanitary sewer line. However, he expressed concern about deferring the work originally proposed under Additive Alternate No. 1 to the next phase of work authorized under the Wastewater Capital Improvement Program, which means the funding mechanism is different. City Manager Garza said the city is not abandoning the other project, and the funding for it will come from the Combined Utilities Fund. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M95-053 Motion approving additive Change Order No. 1 for Horne Road/Navigation Boulevard Sanitary Sewer Trunk Main Sliplining with Jalco, Inc. in the amount of $111,046 for a new contract price of $851,837. Minutes Regular Council Meeting February 28, 1995 Page 23 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 Items 18.a. and 18.b., outside city limits (OCL) water service contracts. Council Member Martin questioned the present Fire Department policy of charging $100 per fire truck per hour for fire protection service outside the city limits. He said the average citizen pays approximately $300 to $400 per year for fire protection; outside the city limits, residents receive that same protection at no cost unless they have a fire call. He asked staff to develop an interim ordinance regarding fire protection outside the city limits. Responding to Mayor Rhodes, City Manager Garza said staff could present the Council with an ordinance in several weeks to address these concerns. Council Member McNichols said that he had received an unsolicited offer the night before for a free burial plot in Memory Gardens, which he rejected. Mr. Martin stated that he would vote against the water service contracts because he said the city cannot afford to be extending services to people outside the city limits who do not pay taxes. The Mayor said she would support these contracts, and she will support the ordinances that staff will bring back. Mayor Rhodes called for comments from the audience. Mr. Ted Turner spoke on behalf of his mother-in-law, Mrs. Gladys Allen, who lives at Rt. 3, Box 441, located directly behind Memory Gardens. He said they receive their water at a tap metered at the bridge on Old Brownsville Road. He said it is a'/. -inch line that is approximately 35 years old and is shared by a neighbor, running about a half mile. He said they also have a 900 -gallon holding tank. Mr. Turner added that Mrs. Allen has purchased 4,000 feet of 2 -inch line and they are negotiating with Memory Gardens to try and establish an easement. He asked if Memory Gardens' 10,000 -gallon holding tank can be turned off until Mrs. Allen's tank can be filled up. Group Manager Crull said he spoke to an attorney regarding Mr. Turner's situation. He said staff will work with them on moving the tap location. Regarding Memory Gardens' tank, Mr. Crull said it has already been in operation, and it should not empty Mrs. Allen's tank. He added that staff would like to ratify Mrs. Allen's use of the tap with an outside city limits water service contract. Mr. Turner said the homesteads have been located there over 40 years and they used to pay for water to the Oso School District in the 1950s. He also discussed replacement of the line, and added that they would like a larger meter. Minutes Regular Council Meeting February 28, 1995 Page 24 Council Member Noyola said that the residents in the Rose Acres subdivision have been fighting for years for better water pressure. He said he supports the OCL contracts, but he said the tax -paying citizens in that area should not be shortchanged. Mayor Rhodes pointed out that Memory Gardens' contracts would not affect the water pressure of the surrounding neighbors. Mr. David Conoly, an attorney representing Memory Gardens, said his client agreed to facilitate communication regarding Mr. Turner's request for an easement, but he emphasized that there was no legal commitment to do so. Mr. Martin said the city has a responsibility to provide for the residents within the city limits, and after that to provide certain regional services. He said if the city supplies water to people outside the city limits it should be for economical or other reasons. Mr. Martin noted that there has been an increase of development outside the city limits in which people have openly admitted that their purpose is to enjoy city services without paying for them. He said it is the city's obligation as a municipality to move to annex such developments, and the city should have an aggressive policy that if people use city services, they should have to pay for them. Mayor Rhodes asked if Mr. Martin's concerns would be better addressed through the ordinances that would be proposed soon. Dr. McNichols said another issue is whether OCL rates are substantial enough to make up for providing the service. Mr. Garza replied that he did not think the rates charged in the Old Brownsville Road area were substantial enough. He added that the city probably never would have built that water line except to provide service to the military located at Cuddihy Field during World War II. Council Member Galindo said after hearing more background information about this item, he was beginning to doubt its feasibility. He then asked what options Memory Gardens had if the proposed water service contracts failed to be approved. Mr. Garza replied that the city provided the only water to that area, and their only option was to dig a well. Mr. Crull reviewed the facts regarding Memory Gardens' request. He said the company currently has a 3 -inch tap and a 20,000 -gallon egnalvation tank which is used to irrigate the cemetery grounds. They are taking three acres out of the cemetery use and converting it to a funeral home that has two restrooms, which do create some additional demand. To accommodate that demand and to accommodate the fire protection, they are installing a 10,000 -gallon tank which has a control mechanism which draws the water from the line during off-peak hours. Mr. Crull added that over a period of time the city inherited the problems associated with this area, noting that there were no considerations for the ramifications of the development of this area or for fire protection. Mr. Martin said he would vote against this item, but his main concern is how to avoid the creation of rural developments without curbs, sidewalks, proper water lines, etc., which will create even more problems when those developments are eventually annexed. Mayor Rhodes reiterated that Minutes Regular Council Meeting February 28, 1995 Page 25 she would vote for this item because Memory Gardens has been the city's water customer and they should not be made an example of regarding other problems; Dr. McNichols echoed the Mayor's comments. City Secretary Chaps polled the Council for their votes as follows: 18.a. ORDINANCE NO. 022172 Authorizing the City Manager or his designee to execute an Outside City Limits Water Service Contract with Gibraltar Mausoleum Corporation dba Memory Gardens of Corpus Christi for the purpose of providing water to an approximately 82 acre tract described in six tracts as described in Volume 577, Pages 402-407; Volume 820, Pages 288-290; Volume 2021, Pages 880-882; Volume 2021, Pages 877-879; Volume 2021, Pages 873-875; and Volume 2042, Page 654, et seq, all in the Deed Records of Nueces County, Texas save and except a 3.0 acre tract out of the S.E. portion of said 35 acre tract described in Volume 56, Page 43, map records of Nueces County, Texas. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; Cooper and Longoria absent. 18.b. ORDINANCE NO. 022173 Authorizing the City Manager or his designee to execute an Outside City Limits Water Service Contract with Gibraltar Mausoleum Corporation dba Memory Gardens of Corpus Christi for the purpose of providing water to a 3.0 acre tract described in Volume 56, Page 43, map records of Nueces County, Texas; and authorizing the City Manager or his designee to execute an assignment of this Outside City Limits Water Service Contract from Gibraltar Mausoleum Corporation dba Memory Gardens of Corpus Christi to Gibraltar Services, Inc. dba Memory Gardens Funeral Home. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, McNichols, and Moss voting "Aye"; Martin and Noyola voting "No"; Cooper and Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 19.a. and 19.b., amendments to the Zoning Ordinance regarding outside storage. The Mayor noted there was a substitute motion for Item I9.a., and she made a motion to accept the substitute motion; the motion was seconded and passed unanimously. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting February 28, 1995 Page 26 Mr. Chip Bonner, an attorney representing Wal-Mart Stores, Inc., said they have been working with staff on the outside storage situation for about six months. He described meetings held with staff and other retail businesses, adding that Wal-Mart is in support of this ordinance. City Secretary Chaps polled the Council for their votes as follows: 19.a. M95-054 Motion to amend, prior to second reading, an amendment to the Zoning Ordinance allowing outside storage by: 1. Adding definitions and allowances for "outside retail display" and "outside retail sales" and "outside storage" areas, 2. Allowing outside retail displays within 10 feet of retail store fronts in certain zoning districts, 3. Allowing outside retail sales areas in certain zoning districts, and 4. Allowing outside storage in certain zoning districts. The foregoing motion passed, as substituted, by the following vote: Rhodes, Best, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Cooper, Longoria, and Noyola absent. 19.b. ORDINANCE NO. 022174 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; 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; And Amending Article 29, The Board Of Adjustment, By Allowing A Special Use Exception For Height In `B-3", `B-4", `B-5", `B-6", And "I-2" Zoning Districts. The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Best, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Cooper, Longoria, and Noyola absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 20.a. -20.c., Dune Protection and Beach Access Plan and Regulations. The Mayor made a motion to substitute Item 20.b., seconded by Council Member McNichols, and passed unanimously. Minutes Regular Council Meeting February 28, 1995 Page 27 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chaps polled the Council for their votes as follows: 20.a. ORDINANCE NO. 022164 Amending the Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan; amending the City's development objectives, policies, and programs for affected areas on Mustang and Padre Islands; providing for severance; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper and Longoria absent. 20.b. M95-055 Motion to amend, prior to second reading, the Dune Protection and Beach Access Regulations by amending Section 10-52 to clarify that Whitecap Boulevard is a city street right-of-way, and by amending Appendix V to indicate that a copy of the short form Dune Protection Permit application will be provided to the General Land Office and the Office of the Attorney General when it is determined that a permit is not required. The foregoing motion passed, as substituted, by the following vote: Rhodes, Best, Galindo, Martin, McNichols, and Moss voting "Aye"; Cooper, Longoria, and Noyola absent. 20.c. ORDINANCE NO. 022165 Amending the Code of Ordinances, City of Corpus Christi, by amending Chapter 10, Beachfront Management and Construction, by amending provisions: regulating the erection, construction, reconstruction, alteration, and repair of buildings and structures within the beachfront construction and dune protection area; regulating the alteration of dunes; providing for issuance of dune protection permits and beachfront construction certificates and for the approval of such permits and certificates; providing for the approval of master planned developments within the dune protection and beachfront construction area; regulating traffic; establishing public access to the public beaches; regulating use of the public beach area; adopting maps showing the actual location and boundaries of the dune protection and beachfront construction areas; providing for certain exceptions, for enforcement, for penalties for violation of any of the provisions of the ordinance, for future changes and amendments to the ordinance, and defining the various terms and words used in the ordinance; providing for severance; and providing for publication. Minutes Regular Council Meeting February 28, 1995 Page 28 The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Best, Galindo, Martin, McNichols, and Moss voting "Aye"; Cooper, Longoria, and Noyola absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. He announced that there would be no Council meeting on March 7, 1995. City Secretary Chapa said that normally there is no Council meeting on the first Tuesday of the month; however, a meeting will need to be held on April 4, 1995 to canvass the votes from the April 1 election and to call a run-off if necessary. He said the Council could cancel the meeting of April 11 and have a regular meeting on April 4 in addition to canvassing the votes, or have a special meeting on April 4 just to canvass the votes. Council Member Martin made a motion to hold a regular Council meeting on April 4 in addition to canvassing the votes on that day, and to cancel the April 11th meeting, seconded by Mayor Rhodes and passed unanimously. Mayor Rhodes forwarded to staff information from the Texas Municipal League regarding a bill which would, among other things, provide the Coastal Coordinating Council the ability to reverse an action of a city in a coastal natural resource area. She asked staff to look into that matter. She also asked if a telephone recorder could be utilized for animal control calls on weekends. * * * * * * * * * * * * * Mayor Rhodes called for Council concerns and reports. Council Member Best said the first Consolidation Committee meeting with the new Nueces County Conunissioners would be held on March 3, 1995 at noon at City Hall. He said representing the city would be himself and Council Members Galindo and Longoria. Council Member Galindo said the Community Development Block Grant funds for tree planting in Garcia Park were granted some time ago, and he asked that the project be expedited. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Phil Rosenstein commented about the bathrooms at Lindale and Greenwood Centers. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:45 p.m. on February 28, 1995.