HomeMy WebLinkAboutMinutes City Council - 03/28/1995I 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 March 28, 1995, which were approved by
the City Council on April 4, 1995.
WITNESSETH MY HAND AND SEAL, this 5th day of April, 1995.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 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 Rev. Gene Schweizer, Oak Park United Methodist Church,
following which the Pledge of Allegiance to the Flag of the United States was led by Jeffrey Hill and
Sarah Brogan, first grade students at St. James Episcopal School.
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 March
21, 1995, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 1, Community Cultural Plan contract.
Mr. Malcolm Matthews, Director of Park and Recreation Department, explained that the next
step in completing a grant from the National Endowment for the Arts is to select an arts consultant.
Following the request for proposals (RFP), eight proposals were received --four from out of state and
four from within Texas (two of which were from Corpus Christi). Staff then made a recommendation
to the Community Cultural Plan Steering Committee, which made a recommendation to the Municipal
Arts Commission. All three entities concurred that the recommended consultant be ArtsMarket
Consulting Inc., based in Marion, Massachusetts.
Minutes
Regular Council Meeting
March 28, 1995
Page 2
Mr. Matthews said the owner and founder of ArtsMarket and her staff have developed
community cultural plans in cities and states throughout the country. He also noted that two of the
team members were Hispanic, which was one of the advantages this firm had over the others.
Council Member Martin asked about the city's current policy on hiring consultants for local
projects. City Manager Garza replied that the policy provides for the city, to the extent that it can,
to hire local consultants. He added that staff reviews each RFP before it is issued to determine if local
expertise is available. It that is determined, then staff will only solicit proposals from local firms.
Secondly, if staff determines that insufficient local expertise exists, they are to document the decision
to obtain approval to solicit RFPs from non -local firms, and the 75 percent rule would be in effect.
He said the 75 percent rule maintains that in the event the city hires a firm from outside the
community, at least 75 percent of the funds would be paid to local participants in the contract.
Mr. Martin said it appeared that the policy was not followed in this case. Mr. Matthews
responded that when the Council last took action on this project in December 1994, staff informed
the Council that RFPs would have to be sent to non -local firms because staff was using a
recommended list from the Texas Commission on the Arts (TCA), which identified firms that had
developed community cultural plans in the past. He added that no local firms have been qualified
through the TCA.
Mr. Garza said staff was involved in meeting the state requirements for the NEA grant and
did not properly combine the local process with the state process. Mr. Martin said that in the past,
when a particular expertise was not available through a local firm, certain aspects of the project (such
as production work, printing, etc.) have been completed by local companies by virtue of the city's
policy. He added that he does not doubt the credentials of ArtsMarket Consulting, but he objected
to the fact that it was not a local firm.
Council Member McNichols recommended that the most qualified local company be selected
to develop the community cultural plan. Upon verification from Mr. Matthews, Dr. McNichols added
that the selection of ArtsMarket was not based upon budgetary concerns.
Council Member Galindo said he agreed with the other Council members' concerns about
hiring a local company rather than a non -local one, adding that the $30,000 allocated for consulting
services should be spent on art work instead. Mr. Matthews replied that the intent of the community
cultural plan was to try to eliminate past conflicts among local arts organizations; in addition, the
grant was specifically designated for a cultural plan and cannot be diverted to purchase art work.
Mr. Galindo reiterated his objection to hiring a non -local consultant, adding that the local
consultant could receive input from the Municipal Arts Commission. Mr. Matthews agreed that
whichever consultant is hired, the project would consist of much community involvement.
Council Member Noyola expressed his objection to hiring the out-of-state company, and
Minutes
Regular Council Meeting
March 28, 1995
Page 3
encouraged the other Council members to vote against the proposal.
Responding to Council Member Best, Mr. Matthews and Mr. Garza said that it would not be
necessary for both of the local companies to be hired as the consultant since the scope of the project
is not large. Dr. Best asked staff to inquire if the two companies would be interested in a joint
venture. Mr. Matthews commented that if the Council chose a local company as the lead consulting
firm, the project might also involve some input from a non -local company that has experience in
developing cultural plans.
Dr. Best made a motion to postpone action on the proposal for three weeks until staff can
make another recommendation. Mayor Rhodes strongly suggested that there be at least some input
from a company not located in Corpus Christi. Mr. Noyola seconded the motion and it passed.
Dr. McNichols said the debate centers on a policy issue and not on the amount of money
being spent.
Mr. Martin reemphasized that other projects in the past have been successfully completed
using a combination of both local and non -local companies. In addition, the local company --through
the interaction with the non -local one --is able to develop the needed expertise for future projects.
Council Member Longoria said she would welcome input from non -local companies while
giving an opportunity to a local firm as well. She thanked the members of the arts communities for
their involvement in this project.
1. POSTPONED
V Up a Guuuuuiuty CuItU1a1 ricui tOc tice Lily 01 eh pus l;lir1S4.
*************
Mayor Rhodes opened discussion on Item 2, appointment of peer panel for Performing Arts
Subgrant Program.
Mr. Matthews said for the first time, everyone who has applied is being recommended for
acceptance to the peer panel. He said the purpose of the peer panel, which is appointed annually, is
to review applications for the FY 1995-96 Performing Arts Subgrant Program.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
March 28, 1995
Page 4
2. M95-065
Motion authorizing the appointment of an ad hoc peer panel, consisting of arts specialists, to
review applications for the FY 1995-96 Performing Arts Subgrant Program.
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 3, outside city limits (OCL) Fire Department
responses.
Fire Chief J.J. Adame explained that in 1979, the city established a fee for OCL Fire
Department responses of $100 per truck hour, plus $1 per mile traveled, which is still in effect today.
He said staff reexamined what the Fire Department's current operating costs are and applied those
rates to OCL calls; the resulting recommendation is to raise the OCL rate to $350 per truck hour and
$5 per mile traveled.
In reply to Council Member Martin, Chief Adame said that of the 43 calls the Fire Department
responded to in the last 12 months outside the city limits, 12 were fire calls and 31 were "first
responder" calls in which a fire truck is sent to assist an ambulance during a medical emergency. The
fees for two of the 12 fire calls have been collected.
Mr. Martin then asked why no fees were charged for the first responder OCL calls, and City
Manager Garza responded that staff felt it was part of the service the city provides through its
Emergency Medical Service program. He said the city has a contract with the county whereby the
city responds to first responder calls outside the city limits when possible, and is reimbursed by the
county. Responding to another question from Mr. Martin, Chief Adame said staff is investigating the
development of a reciprocal agreement with the Refinery Terminal Fire Company.
Mr. Martin asked if hens could be attached to properties to compensate for charges incurred
when the Fire Department responds to OCL fire calls. City Attorney Bray replied that there is not
a specific statutory lien; it would involve receiving a judgement lien.
Responding to Council Member Longoria, Chief Adame said that when the Fire Department
receives an OCL call, department personnel inform the homeowner what the charge will be. He
added that there are volunteer fire departments at both ends of the city, but there are certain areas
outside the city limits which do not have coverage from a volunteer fire department; those areas are
mostly fields which do not have any structures on them.
Council Member Best expressed concern that an agreement with the Refinery Terminal Fire
Minutes
Regular Council Meeting
March 28, 1995
Page 5
Company does not currently exist. Chief Adame said he and the Refinery Terminal Fire Company
chief have had ongoing discussions regarding this issue, but he reassured the Council that there is an
understanding that both departments will assist each other if an emergency arose. Mr. Garza added
that there is an outstanding spirit of cooperation between those departments.
In response to Council Member Noyola, Mr. Garza said the industrial district agreement
provides for companies to either belong to the Refinery Terminal Fire Company or to make
arrangements for fire protection with the city. He added that the city is not being reimbursed for
assistance that the Fire Department provides to the Terminal Fire Company because it is the city's
responsibility to respond in the event that an accident may affect citizens inside the city limits. Mr.
Noyola said the refineries should be charged the same OCL rate for fire calls.
Mayor Rhodes called for comments from the audience.
Mr. Jimmy Till, 1265 Southern Ivfinerals Road, said he was not opposed to the proposal, but
noted that the majority of the structures located outside the city limits are probably covered by
insurance. He suggested that discussions on this issue of OCL rates be held with representatives of
the insurance industry.
City Secretary Chapa polled the Council for their votes as follows:
3. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 18, Fire Prevention and Protection, by adding
a new Section 18-2, Outside City Limits Fire Engine Response Rates, establishing rates of
$350 per truck hour and $5.00 per mile for fire calls and establishing a "first responder" fee
for those OCL calls when a fire engine responds to a medical emergency requiring a "first
responder," in addition to any EMS charges which may also be incurred, of $350 per truck
hour and $5.00 per mile for fire calls, or emergency "first responder" calls, which fire and
"first responder" calls do not involve providing assistance to the U.S. Navy; and providing
for an effective date.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, supply agreement for precoated aggregate.
Council Member Martin expressed concern that the item being proposed was a contract
totaling over $1 million ($535,665 for a 12 -month term with the option to extend for up to an
additional 12 months) with one bidder, Vulcan Materials Company from San Antonio. He noted that
T 1"
Minutes
Regular Council Meeting
March 28, 1995
Page 6
this issue has come before the Council before, even when he served as the City Manager.
Mr. Martin made a motion to take steps to acquire a short-term supply of the needed street
material, and to have staffdevelop another testing mechanism which would allow for competitive bids
to be received. Council Member Cooper seconded the motion.
Responding to Council Member Best, City Manager Garza explained that the precoated
aggregate is used by the Street Services Department in its seal coat operation. He said this item had
been discussed in consolidation meetings with representatives from Nueces County. During those
meetings it was noted that the city has the best seal coating program in the region; the county, on the
other hand, has a very good street resurfacing program. There was discussion of ways for both
entities to utilize those two areas of expertise. Dr. Best said he agreed with Mr. Martin that the item
should be sent back to staff for redevelopment.
Council Member Galindo pointed out that the Street Department has been commended for
its efficiency. Mr. Martin replied that his concern centers on the bid process and the testing
procedures.
Mr. Galindo asked if Bay Inc. of Corpus Christi (whose bid was determined to be non-
responsive for three reasons) had met all of the bid requirements, would that bid have been the
lowest. Mr. F.D. Glenn, Purchasing Agent, explained that Bay Inc. did not furnish samples of their
material for pre-qualification/laboratory testing. As a result, the Street Department took information
that they had available to run tests and to determine what Bay Inc.'s bid would have been. In the end,
Bay Inc.'s bid was higher than the bid from Vulcan Materials.
Mr. Galindo said he did not think the item should be sent back to staff because Vulcan
Materials still had the lower bid, even if it was determined that Bay Inc. had a qualified bid.
Council Member Moss said he agreed with Mr. Martin's motion to delay action, pointing out
that the two companies (Vulcan and Bay) used different materials for their aggregate. He asked staff
to list the cost of handling the material from Vulcan versus the handling cost of Bay Inc. Mr. Garza
replied that those concerns were taken into consideration in factoring the bids. A brief discussion
ensued regarding handling costs, and Mr. Glenn reiterated that the final bids reflected those costs.
Council Member Cooper said she supported Mr. Martin's motion because of different issues
involved, one being the large amount of the contract.
Mr. Garza noted that staff may have to bring an item before the Council in the near future to
make a short-term purchase of aggregate for the Street Department.
Mayor Rhodes called for a voice vote on the motion to take steps to acquire a short-term
supply of the needed street material, and to have staff develop another testing mechanism which
Minutes
Regular Council Meeting
March 28, 1995
Page 7
would allow for competitive bids to be received The motion passed by the following vote: Rhodes,
Best, Cooper, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo voting "No."
(M95-071)
4. POSTPONED
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* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 5 through 14, and Council Members requested that Item
7 be withheld for discussion.
City Secretary Chaps polled the Council for their votes and the following were passed:
5. M95-066
Motion approving a supply agreement for approximately 74,500 feet of C-900 and C-905
PVC pipe, ranging in size from 6"-16", in accordance with Bid Invitation No. BI -0165-95,
with Davis McAllen Pipe and Supply, Corpus Christi, Texas based on low bid for an
estimated annual expenditure of $312,515. 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. The pipe will be used by the Water and
Wastewater Departments. Funds are budgeted in FY 94-95 by the using departments.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
6. M95-067
Motion approving supply agreements for vehicle & equipment tires and tubes in accordance
with Bid Invitation No. BI -0143-95 with the following companies for the following amounts,
based on low bid, for multiple progressive awards, for a total estimated annual expenditure
of $266,169.57. The tires and tubes covered under this agreement will be used by the Fire
Department and Maintenance Services on passenger cars, pick-up trucks, police cars,
ambulances, fire engines, commercial trucks and equipment. The terms of the contracts will
Minutes
Regular Council Meeting
March 28, 1995
Page 8
be twelve months with an option to extend for up to an additional twelve months subject to
the approval of the supplier and the City Manager or his designee. Funds have been budgeted
by the using departments in FY 94-95.
A to Z Tire & Battery, Inc.
Comer us Christi. Texas
Primary Supplier Items:
1.1-1.8, 1.15, 2.1-4.1,
5.1-8.7, 8.9, 8.10
Total: $170,044.75
Treadco, Inc.
Corpus Christi. Texas
Primary Supplier Items:
1.16,1.19&4.3
Total: $71,416.00
Saratoga Tire & Service, Inc.
Corpus Christi. Texas
Primary Supplier Items:
1.9-1.14, 1.17, 1.18, 4.2,
4.4 & 8.8
Total: $24,708.82
GRAND TOTAL: $266,169.57
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
8. M95-069
Motion to amend Motion No. M95-004 dated January 10, 1995, amending the FY 95
Consolidated Plan Timetable to change publication dates and to set the City Council adoption
of the program on May 15, 1995 rather than May 9, 1995.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
9.a. M95-070
Motion authorizing the City Manager or his designee to execute an amendment to an
interlocal agreement with the State of Texas, Department of Public Safety, Division of
Emergency Management authorized by Resolution No. 021995, to purchase $1,250.22 for
computer equipment to enhance coordination of intergovernmental operations for emergency
management and disaster information and planning; and designating the Chief of Police as the
City's official representative under the intergovernmental agreement.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
9.b. ORDINANCE NO. 022190
Ordinance appropriating $1,250.22 from the State of Texas, Department of Public Safety,
Division of Emergency Management to Fund No. 162-219-801.47-507; amending Ordinance
No. 021997 which adopted the City's FY 1994-95 budget by adding $1,250.22 to Fund No.
162-219-801.47-507.
Minutes
Regular Council Meeting
March 28, 1995
Page 9
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."
10.a. RESOLUTION NO. 022191
Resolution ordering 90 -day extension as part of cable rate regulation review of TCI's FCC
Form 1205 filed February 28, 1995.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
10.b. RESOLUTION NO. 022192
Resolution ordering 90 -day extension as part of cable rate regulation review of TCI's FCC
Form 1210 filed March 23, 1995.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.a. RESOLUTION NO. 022193
Lot 18, Block 2, Mariner's Cay Unit 2-A, City of Corpus Christi, Nueces County, Texas
(intersection of Cabana East Street and Cabana North Avenue); prospective buyer is Steve
Valdez; and amount offered is $2,750.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.b. RESOLUTION NO. 022194
Lot 9, Block 1, Lee Ann Estates less portion of right-of-way, City of Corpus Christi, Nueces
County, Texas (Loritte Drive at Crosstown Expressway); prospective buyer is B.K. George;
and amount offered is $700.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.c. RESOLUTION NO. 022195
Lot 4, Block 36, Bluff Addition Tess portion right-of-way, City of Corpus Christi, Nueces
County, Texas (Artesian Street at Interstate 37 Access Road); prospective buyer is B.K.
Minutes
Regular Council Meeting
March 28, 1995
Page 10
George; and amount offered is $700.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.d. RESOLUTION NO. 022196
South two acres of Lot 9, Section 50, Flour Bluff & Encinal Farm & Garden Tracts; City of
Corpus Christi, Nueces County, Texas (Waldron Road at Caribbean Drive); prospective buyer
is John Driscoll; and amount offered is $10,000.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.e. RESOLUTION NO. 022197
North '/2 of Lot 3, Block 3, South End Addition, City of Corpus Christi, Nueces County,
Texas (619 5th Street); prospective buyer is Kevin Hoy; and amount offered is $6,500.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.f. RESOLUTION NO. 022198
South '/2 of Lot 3, Block 3, South End Addition, City of Corpus Christi, Nueces County,
Texas (617 5th Street); prospective buyer is Kevin Hoy; and amount offered is $3,500.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
11.g. RESOLUTION NO. 022199
Lots 14 and 15, Block 5, Crestmont Unit 8 Addition, City of Corpus Christi, Nueces County,
Texas (Camargo Street); prospective buyer is Arturo Amaya; and amount offered is $4,500.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
12. ORDINANCE NO. 022200
Ordinance authorizing the City Manager to execute a Use Privilege Agreement with the
Diocese of Corpus Christi, for the right to allow Saint Pius Catholic Church to construct,
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Regular Council Meeting
March 28, 1995
Page 11
install, and maintain an 8 -foot wide concrete covered walkway across an existing 10 -foot
wide City drainage easement right-of-way; and establishing a fee of $100.
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."
13. ORDINANCE NO. 022201
Amending Ordinance No. 022092 authorizing the Industrial District Agreements amending
the contractual date from April 1, 1995 to May 15, 1995.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye."
14. ORDINANCE NO. 022202
Closing and abandoning a 3.42 -square foot portion of a 10 -foot wide utility easement in Lot
22, Block 1, Yorkshire Estates, subject to the owner's compliance with the specified
conditions and the owner replatting of the property within 180 days at his expense.
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 opened discussion on Item 7, purchase of pebble calcium oxide.
Referring to recent federal actions regarding unfunded mandates, Council Member Moss
asked if the city could petition the federal government to be reimbursed for this item because it is
required by the Safe Drinking Water Act. City Manager Garza said he did not think that would be
possible because requirements under that act have been fairly longstanding. Mr. Moss urged staff to
attempt to receive a reimbursement.
Council Member McNichols asked about Item 12, which was passed on the Consent Agenda,
referring to a use privilege agreement with the Diocese of Corpus Christi, allowing St. Pius Catholic
Church to construct a covered walkway across a city drainage easement right-of-way. Mr. Garza
replied that the city has a 30 -inch stormwater line going through that easement, and the city would
want to be involved in any disturbance to the ground above that line. He added that he discussed this
issue with Msgr. Richard Shirley, the pastor, who was satisfied with the agreement that was reached.
Mayor Rhodes called for comments from the audience on Item 7, and there were none.
Minutes
Regular Council Meeting
March 28, 1995
Page 12
City Secretary Chapa polled the Council for their votes as follows:
7. M95-068
Motion approving a supply agreement for approximately 1,900 tons of pebble calcium oxide
in accordance with Bid Invitation No. BI -0123-95 with Austin White Lime Co., Austin,
Texas, based on low bid, for an estimated annual expenditure of $110,200. The term of the
contract will be for twelve months with an option to extend for up to an additional twelve
months subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by the Water Department in FY 94-95.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin,
McNichols, Moss, and Noyola voting "Aye"; Galindo absent.
Mayor Rhodes called for the City Manager's report. Mr. Garza noted that he had sent a
memo to the Council about the involvement of the Greens Committee on the design of the new
municipal golf course. Council Member Moss asked if involving that committee would lengthen the
process, and Council Member Martin replied that the golf course is already ahead of schedule.
Mr. Garza added that items scheduled for the April 4, 1995 meeting include a contract award
for the fifth phase of the Columbus Fleet Shipyard. Mayor Rhodes said the April 4 meeting will be
brief because it will involve only that item and the canvassing of the election results; in addition, there
will not be a Council meeting on April 11, but there will be a meeting on April 18.
* * * * * * * * * * * * *
Mayor Rhodes called for Council concerns and reports.
Council Member Best asked about the status of the establishment of the buffer zone around
the refineries. City Manager Garza replied that staff has gotten involved in the situation with very
little authority to do so. He felt the city has had a positive effect on the negotiations, citing a proposal
developed by staff to acquire some of the properties around the refineries. He explained that the
proposal entails three options for acquiring that land: the amount the owner paid, the current market
price, or the highest appraised value in the last 10 years. He added that particular emphasis has been
placed on the Oak Park "triangle" of approximately 270 properties.
Responding to another question from Dr. Best, Mr. Garza said the proposal is not a formal,
contractual program of buying out properties, but some industries have utilized it on a limited basis.
He said citizens can call his office for more information about the proposal.
Minutes
Regular Council Meeting
March 28, 1995
Page 13
Council Member Moss reported paving defects on McArdle between Nile and Ennis Joslin
streets, and on Ennis Joslin from South Padre Island Drive to Ocean Drive. He also asked about
people who are not paying their citations through Municipal Court. Mr. Garza replied that the
Municipal Court staff has made significant progress in processing and collecting those fines.
Referring to Mr. Moss' question about funding for the Crosstown Expressway extension, Mr. Garza
said staff will submit a written report for the March 30, 1995 meeting of the Texas Department of
Transportation.
Mr. Moss said he had received complaints about some abandoned catamarans that were used
to advertise a restaurant near the JFK Causeway, and Mr. Garza said he would investigate the matter.
Mr. Garza also said that he has asked Fire Chief Adame to look into possibly consolidating fire
training procedures with the Refinery Terminal Fire Company; however, the city's firefighters usually
do not respond to the same type of fires as that company. One area of consolidation might be in
utilizing the company's office and classroom space.
Referring to the previous discussion about the buffer zone, Council Member Longoria
emphasized that the buy-out program is complicated and may seem to be moving slowly, but she and
Mr. Garza and Mayor Rhodes have continued to meet to try to resolve the problem. She also said
the Council and staffneed to stay abreast of concerns about soil contamination in the Dona Park area,
particularly utilizing legislative resources in Austin.
Council Member Cooper asked when the traffic signal would be installed at the intersection
of Yorktown and Staples streets. Mr. Garza said he would find out and inform her. She also asked
that Police Chief Henry Garrett continue to monitor the speeding situation on Sierra Blanca.
Mrs. Longoria asked that staff inform Nueces County officials about the proposed increase
in rates for OCL Fire Department responses.
Mayor Rhodes called for petitions from the audience.
Mr. J.E. O'Brien, 4130 Pompano, discussed water rates, saying that commercial accounts are
set up on a declining rate base, while residential customers have an increasing rate base. He quoted
from a portion of the Water Utility Cost of Service Rate Study conducted by Urban Engineering in
1990. He said the use of a declining block rate for water promotes water use, while generating
revenue and encouraging growth. He suggested that this process be investigated in the future, since
that structure can be successfully used with excess system capacity.
In reply to Mr. O'Brien, City Manager Garza said the same study he quoted also indicated
that industry paid more for water than their allocated cost. He said the city's budget and audits also
show that the percentage of revenue that residential customers provide is about 38%; the remainder
Minutes
Regular Council Meeting
March 28, 1995
Page 14
of the revenue to the water system comes from commercial/industrial customers. Mr. Moss stated
that a year ago the water supply was 70% of capacity and now it is 60%.
Mr. Garza continued that in determining the rate structure for water, the issue becomes how
to best utilize a very valuable resource --not only to preserve it but also to ensure that the economic
base is maintained through competitive rates as compared to other cities. He said the city's rate
structure adequately supports the cost of providing water to its customers. Mayor Rhodes also
cautioned viewers to take into consideration that the report Mr. O'Brien briefly quoted from is very
extensive.
Council Member Martin commented that the Urban Engineering study is probably the best
the city has had on the subject and it does need to be revisited from time to time. He said the city
does have a declining block rate structure, but the city has tried to decrease the sizes of the blocks.
Council Member McNichols said one of the issues studied during the water rate discussions
was the possibility of shifting costs away from commercialindustrial users toward residential
customers. He said the city made the conscious decision not to increase the financial burden on the
residential users.
Mr. Harold Hoppenrath, 1441 14th St., invited the Mayor and Council members to his
upcoming wedding.
Mr. Bob Jones, Chairman of the T.C. Ayers Center Advisory Council, said the clients of the
center have developed several "self-help" programs, including library and reading programs, and
tutorial and homework programs. He cited the assistance of Mr. Dan Whitworth of the Park and
Recreation Department, and Ms. Jan Patton, a student at Texas A&M University -Corpus Christi. He
also noted that the center is holding a book drive that is expected to result in the acquisition of 2,000
books. In addition, officials at TAMU-CC indicated the university would provide student teachers
during the summer. He said the Advisory Council will probably be seeking Community Development
Block Grant funds to enlarge the T.C. Ayers Center in the future, and he thanked Council Member
Longoria for her support and efforts.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 3:20 p.m. on March 28, 1995.
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