HomeMy WebLinkAboutMinutes City Council - 04/18/1995I 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 April 18, 1995, which were approved by
the City Council on April 25, 1995.
WITNESSETH MY HAND AND SEAL, this 25th day of April, 1995.
Armando Chapa
City Secretary
SEAL
wCROFILMEl
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 18, 1995
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Betty Jean Longoria
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
John Longoria
Edward Martin
Dr. David McNichols
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. Dr. William Carr, First Presbyterian Church, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty
Jean Longoria.
Before conducting the oaths of office, City Secretary Chapa addressed the Council members,
encouraging them to draw upon their own personal integrity and sound judgement in the decisions
they will make over the next two years. He noted that the public has expressed their confidence in
the three new Council members and six incumbent members by electing them to this office, and he
wished them success and offered his support.
Mr. Chapa then swore in the Mayor and Council members, and the audience responded with
their applause. Mayor Rhodes announced that the Council members would give their speeches.
Council Member Betty Jean Longoria thanked her family, friends and supporters who assisted
her in her campaign. She said she represents not only the citizens living in District 1 but all of the
citizens of Corpus Christi. Mrs. Longoria thanked all of the candidates for participating in the
election, and she said she welcomed citizens' telephone calls.
Council Member Betty Black, one of the newly elected Council members, promised to
represent the citizens to the best of her ability. She expressed her appreciation to her family, citizens
in District 2 and people throughout Corpus Christi. She added that running for office should be
experienced by every citizen, and she thanked everyone for their support.
Minutes
Regular Council Meeting
April 18, 1995
Page 2
Council Member John Longoria, representing District 3, thanked Mr. Mike Briones, his
campaign chairman, Mr. Tony Juarez, his campaign treasurer, and his supporters. He said he is
willing to accept the challenge of representing the city on this Council, adding that he looked forward
to being a "team player."
District 4 Council Member David McNichols said there was one person in particular whom
he wanted to thank --his wife, Irene. He noted that one of the most important issues facing the
Council was the need to secure a future water supply for the area, which requires strong leadership
to do so. He added that the city's wastewater system is a costly, but essential, part of the
infrastructure. Since he and others do not wish to raise taxes, he said the funds for needed
improvements must come from making the operations of the city more efficient. Dr. McNichols also
acknowledged the contributions of outgoing Council Member Clif Moss.
Council Member Melody Cooper thanked her husband, Jim, and her daughter, Courtney, as
well as her staff and those who helped in her campaign, such as Ms. Laurie Cook, Mr. Rex Kinnison
and Mr. Justin Holloway. She expressed her appreciation to the members of District 5 who returned
her to elected office, pledging to serve well.
At -Large Council Member Jack Best said he has made many friends as a result of his
involvement on the City Council, including Mr. David Diaz; Nueces County Commissioner David
Berlanga; and outgoing Council Members David Noyola, Cezar Galindo and Clif Moss. He especially
thanked his mother, who was present in the audience; Mr. and Mrs. Rowe; and Ms. Shirley
Lundquist. He added that as an incumbent Council member, he feels he has a mandate to continue
the work he and the other incumbent members have begun.
At -Large Council Member Tony Heldenfels said he considers his presence on the Council to
be a gift from God, which he said he will not abuse. He thanked his mother and Ms. Marjorie
Chatham for their support, among others. He felt he also had a mandate to serve the public.
At -Large Council Member Edward Martin said running for elected office is a humbling
experience; unfortunately, however, elected officials too often lose contact with those who elected
them. He thanked all of the citizens who participated in the electoral process, including the
candidates themselves. He also expressed gratitude to his wife, Carole, who was present. He asked
the community to support the Council members as they make important decisions which impact the
city's future, and also encouraged citizens to criticize the Council members if they disagreed with the
decisions that are made. The most important thing, Mr. Martin added, is for the city to continue
moving forward.
Mayor Mary Rhodes thanked the voters for reelecting her and the hundreds of people who
participated in her grassroots campaign. She singled out for appreciation Mr. Craig Pierce, Mr. Leo
Barrera, Ms. Veronica Herrera, Ms. Nelda Martinez, Ms. Gwen Henzi, Ms. Laurie Cook, Ms. Mary
Beth Nelson, Mr. Wally Sisk, and Ms. Linda Bridges. The Mayor also thanked her family for their
Minutes
Regular Council Meeting
April 18, 1995
Page 3
support, as well as three other Council candidates: Mr. Jose Luis Aparicio, Mr. Rex Kinnison, and
Mr. Alex Garcia. The Mayor added that the six incumbents who returned had, for the most part,
voted as a group during the last two years and wanted the city to move forward in a positive way.
She said she thought the new Council members shared that desire, and she urged the supporters of
those who were elected to stand by them. She praised the staff and expressed hope for a positive
term.
Mayor Rhodes then recessed the Council meeting for a reception for the Council members,
their families and supporters.
i i t i t M i# k i###
The Mayor reconvened the Council meeting, and 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 congratulated City Secretary Chapa and his staff for their fine job in
conducting the election.
The Mayor said the next item on the agenda was the selection of the Mayor Pro Tem. She
noted that in the past that position had been rotated among all of the Council members every three
months.
Council Member Martin made a motion, seconded by Council Member McNichols, to select
the Mayor Pro Tem as follows: Betty Jean Longoria, District 1; Betty Black, District 2; John
Longoria, District 3; Dr. David McNichols, District 4; Melody Cooper, District 5; Dr. Jack Best, At -
Large; Tony Heldenfels, At -Large; and Edward Martin, At -Large. The motion passed unanimously.
(M95-085)
Mayor Rhodes called for approval of the minutes of the regular Council meeting of April 4,
1995, and there being no corrections, she proclaimed them approved as presented.
! t### i# t t t i i#
Mayor Rhodes opened discussion on Item 1, permit application for an industrial solid waste
landfill near Choke Canyon Reservoir.
Mr. James Dodson, Regional Water Director, noted that previous City Councils had passed
resolutions in 1991 and 1993 opposing the proposed landfill near Choke Canyon. He said another
resolution is needed now more than ever because while Corpus Christi and other entities have been
fighting this permit application for years, the Texas Natural Resource Conservation Commission
(TNRCC) has granted the owner of the property, Hallco Texas Inc., a draft permit. A preliminary
Minutes
Regular Council Meeting
April 18, 1995
Page 4
public hearing on that permit will be held in Tilden at 2 p.m. on April 26, 1995, at which time parties
will be named and preparations made for another hearing.
Mr. Dodson explained that the proposed landfill is a Class 1 industrial non -hazardous waste
landfill and it is designed to take materials primarily from industrial generators. It does not fall into
either the categories for municipal landfills or hazardous waste landfills. He added that the
"Authorized Chemical List" includes over 1,600 substances that could be disposed of in this proposed
landfill, which would be located within two miles of Corpus Christi's and the surrounding area's
primary drinking water supply. Mr. Dodson used maps to illustrate the location of the proposed
landfill site just off of Highway 72.
Mr. Dodson continued that Hallco Texas Inc. has also received a draft permit for associated
stormwater discharges into the Nueces River about five miles from the site. He encouraged the
Council to continue to oppose this project because of the potentially disastrous environmental
consequences.
Responding to Council Member McNichols, Mr. Dodson said the city of Corpus Christi had
already been granted party status in the original round of preliminary hearings. He added that there
will be an opportunity for public comment for the record during the April 26 hearing, and it was
important for the city to make its position clear at that meeting. Dr. McNichols commented that the
city has been working for years to develop a long-term water supply and it was important to avert
any potential for contamination of its water supply.
Dr. McNichols asked about requirements for the proposed landfill. Mr. R.T. Bruner, Director
of Solid Waste Services, stated that the standard double liner would be the same as for municipal
landfills. In addition, there is a system of monitoring wells below the landfill that should indicate if
there is a break in the liner and the possibility of contamination. And if there is a spill of the materials
before they reach the proposed landfill, then the ground on which the chemicals were spilled would
have to be cleaned up and transported to another landfill. Mr. Bruner added that even with all of the
necessary safety precautions in place, the system is not failsafe, particularly since the proposed landfill
would be located on top of a hill.
In response to Council Member Betty Jean Longoria, Mr. Dodson said that it would be
beneficial to have one or more Council members present at the April 26 preliminary hearing in Tilden.
Mr. Dodson added that several years ago McMullen County passed an ordinance prohibiting the
construction of a landfill within five miles of any body of water such as Choke Canyon, and Senator
Carlos Truan did introduce and pass in the Texas Senate a bill that would validate that McMullen
County ordinance; a similar bill is being considered in the House.
Council Member Martin stated that Corpus Christi should oppose this landfill on the basis of
its location, and not just in theory. In answer to a question from Mr. Martin, Mr. Dodson said the
city has not contacted the Texas Parks and Wildlife Department about joining in as a party, but the
Minutes
Regular Council Meeting
April 18, 1995
Page 5
city has discussed the issue of endangered species at the site with the U.S. Fish and Wildlife Service.
Mr. Martin suggested that Mayor Rhodes write a letter to all of the communities supplied by the
Choke Canyon Reservoir that they express their opposition to the proposed landfill; City Manager
Garza said that letter would go out the next day.
Responding to Council Member Heldenfels, Mr. Dodson said staff has known since early
March about the April 26 hearing, but had not contacted the cities in this water service area
individually about this issue. They had been contacted collectively through the Coastal Bend Council
of Governments, which has also passed a resolution in opposition.
Mr. Heldenfels asked about some of the chemicals that would be disposed of at the landfill,
and Mr. Dodson named benzine, Combat, and Round -Up, among others.
Council Member Best asked about the size of the proposed site, and Mr. Dodson replied that
it encompassed about 128 acres. Mr. Dodson added that Hallco has stated that their interest in this
site is the result of extensive geological studies, including the composition of the clay in that area.
He added that the city and others acknowledge the need to properly manage solid waste, but he
emphasized that this is not the proper location to do that.
Council Member Cooper asked what the process would be if the TNRCC gives Hallco
permission to build the landfill there. City Attorney Bray said the case would be appealed under the
Administrative Procedures Act to district court in Austin, which would review it on a substantial
evidence rule. He added that the city would not have much chance of overturning it in court.
Dr. McNichols emphasized the importance of having more entities which opposed the landfill
application designated as parties.
Responding to Mr. Heldenfels, Mr. Dodson said part of the preliminary hearing will be to set
a schedule of discovery of evidence.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
1. RESOLUTION NO. 022207
Resolution expressing opposition to the placement of a Class I Non -Hazardous Industrial
Landfill Operation within the watershed of the Nueces River and Frio River located within
two miles of Choke Canyon Reservoir.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
April 18, 1995
Page 6
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 2.a. and 2.b., airport terminal renovation project.
Mr. George Hext, Director of Aviation, introduced Mr. Bert Beecroft, Chairman of the
Airport Advisory Board, Ms. Bonnie Allin, Assistant Director of Aviation, and Mr. Bill Wilson, of
Wilson Kallman McCord Inc. Mr. Hext stated that the approved master plan for the airport contains
two "trigger" points: staff should start studying the necessary improvements at any point that the
facilities reach 60% of capacity, and financing should be in place and construction should be ready
to proceed at the point in which 80% of capacity is reached. He said one area which has reached the
80% capacity level is the baggage claim area.
Mr. Hext added that the basic areas of financing for airport improvements are: city bonds that
were approved in 1986 that will be applied to this project; the Airport Improvement Program (ALP)
funded by the ticket tax collected from the airlines; and the passenger facility charges (PFCs) of $3
for each revenue passenger who boards in Corpus Christi (that amount is now over $1.3 million).
In his presentation, which included the use of slides, Mr. Wilson said the primary funding
sources for the Airport Terminal Renovation Project are the PFCs and the Federal Aviation
Administration ALP grants, and the plan is designed on a "pay-as-you-go" basis.
Mr. Wilson said the phased terminal building improvements are as follows: Phase 1 -public
restroom improvements (ADA), life -safety enhancements, building infrastructure improvements,
HVAC upgrade, and curbside entry improvements (shifted from Phase 2); Phase 2 -expansion of the
baggage claim area and the deplaning lobby; Phase 3 -taxi shelters/covered walk area, and ground
operations/concourse work; Phase 4-east/west concourse expansion and parking expansion.
He added that the scope of Phase 1 improvements have been increased due to the need for
more "visible" improvements earlier in the plan (as requested by the Council) and the availability of
funds at this time. Mr. Wilson went on to describe other aspects of the renovation project.
Responding to Council Member Best, Mr. Hext said staff is presently developing funding
plans for improvements to the roads leading to the airport. He also described the material that would
be used for the canopies at the terminal building and entry gates.
In reply to Council Member Martin, City Manager Garza clarified that the preliminary
construction cost estimates --including the proposed additional work as outlined by Mr. Wilson --are
estimated at approximately $1,560,000. Mr. Martin expressed concern about the need for control
over the design phase of this contract with Wilson Kullman McCord Inc.; he noted that this was the
sixth time this design contract has been amended. Mr. Garza replied that staff's main concern was
to have a continuity of design, but he acknowledged that the cost of achieving that consistency should
be examined.
Minutes
Regular Council Meeting
April 18, 1995
Page 7
Council Member Heldenfels also questioned the long-term aspect of the design contract. Mr.
Garza stated that the contract was not bid because it was a professional services contract; however,
following advertisements, staff interviewed and eventually selected the architects. He reiterated that
there was a need for one group of architects.
Mayor Rhodes said she felt the airport's appearance was not as bad as some said it was, but
she added that its renovation should be conducted by one firm of architects.
Mr. Martin continued to express dissatisfaction with the design fees being charged.
Mayor Rhodes called for comments from the audience.
Mr. Abel Alonzo, 1701 Thames, said he was not concerned so much with the firm selected
for the airport renovation, but with the fact that the airport continue to be improved.
City Secretary Chapa polled the Council for their votes as follows:
2.b. M95-078
Motion approving Amendment No. 4 to the contract with Wilson Kullman McCord, Inc. for
Terminal Building Reconstruction in the additive amount of $49,900 ($40,100 for design and
$9,800 for construction administration) for a new total of $246,450 and authorization to
incorporate and proceed with this additional new work as part of Section 3, Parts B and C,
Design and Construction Services for Phase I Construction Contract No. 1A.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, a supply agreement for Police uniforms.
Responding to Council Member Heldenfels, Police Chief Henry Garrett said two Corpus
Christi companies bid on this contract--B.J.'s Work Clothes and Werner Uniforms.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
3. M95-079
Motion approving a supply agreement for Police uniforms which includes approximately 470
Minutes
Regular Council Meeting
April 18, 1995
Page 8
trousers, 575 shirts, and 40 jackets for male and female officers in accordance with Bid
Invitation No. BI -0194-95, with Werner Uniforms, Corpus Christi, Texas based on best bid
for an estimated annual expenditure of $47,274.60. 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. Funds are budgeted in FY 94-
95 by the Police Department.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
sr*s**ss*s*r*
Mayor Rhodes opened the public hearing on the following zoning case:
4. Case No. 295-3, Mary Ellen Ruiz: A change of zoning from "R -1B" One -family Dwelling
District to "A-2" Apartment House District on Dahlia Terrace, Block 6, Lot 3, located on the
north side of Dahlia Drive, approximately 130 feet west of Winnie Drive.
Mayor Rhodes noted that this zoning case had been heard previously by the Council and she
asked why it was being heard again. Mr. Tom Utter, Group Manager for Development Services, said
that in February 1994 the Council agreed with the Planning Commission's recommendation to deny
the "A-1" rezoning request. The city filed charges in Municipal Court against the applicant, Ms.
Ruiz, and at the pre-trial hearing, there was a plea of nolo contendere. At that time the prosecutor
dropped all but one of the charges, and a $200 fine was levied. In addition, a letter was given to Ms.
Ruiz informing her that she had until April 1, 1995 to comply with the current zoning regulations,
which prohibits the use of multi -family residences in a single-family dwelling district. Mr. Utter added
that Ms. Ruiz has not complied and has refiled for a change of zoning, which staff continues to
oppose.
City Attorney Bray said there has generally been a practice that when a citizen has a zoning
violation and they seek a rezoning application, staff will not file additional cases each day until that
situation is resolved; however, that practice may not be appropriate in the case of more than one
rezoning application for the same property that is in violation of the zoning ordinance. Mr. Utter
pointed out that the Council amended the code to indicate that when a rezoning application has been
denied, an applicant cannot refile that application for a term of one year.
Mr. Utter added that regarding this zoning case, the 20% rule was in effect, which requires
seven affirmative votes to grant the zoning request. Council Member Martin said that, contrary to
the agenda memorandum on this case, the violation process was not being pursued because the matter
had been settled in court. Mr. Brandol Harvey, Director of Planning and Development, said the
information about the settlement was not received until April 18, after the memorandum was written.
Minutes
Regular Council Meeting
April 18, 1995
Page 9
Mr. Harvey went on to show a video of the subject property and surrounding lots, which
included some legally nonconforming uses (predominantly guest quarters, which do not contain
kitchen units). He noted that the subject property is a single-family house in the front and in the back
there was a garage that had been converted without building permits into two separate apartments.
Responding to Council Member Heldenfels, Mr. Harvey said the lot directly across Dahlia
Street from the subject property is a single-family residence with guest quarters.
The applicant, Ms Ruiz, 602 Bradshaw, stated that she does not live at the subject property
(1436 Dahlia), but is currently renting the property to a single family. In response to Council Member
Martin, Ms. Ruiz added that the kitchens in the back two dwelling units had not been removed. Mr.
Martin pointed out that the violation was incurred because of the additional illegal dwelling units.
Ms. Ruiz added that when her zoning application was first considered by the Council in
February 1994, she had provided a list to staff of other properties which she said were not in
compliance with the zoning ordinance. Mayor Rhodes pointed out that staff had investigated the
other properties and found them to be legal, nonconforming uses.
A citizen accompanying Ms. Ruiz objected to statements made about this zoning case during
previous hearings. Mr. Martin reiterated that if Ms. Ruiz has information about other properties that
are not in compliance, she should provide it to staff so they can investigate the matter. A brief
discussion ensued.
Mr. Carlos Cantu, 1436 Dahlia, said he and his brothers are renting the subject property from
Ms. Ruiz. Mayor Rhodes pointed out that if the zoning application is denied, Mr. Cantu and his
family will still be allowed to live there, but they will only be allowed to have one kitchen instead of
three.
Ms. Gloria Martinez, 1440 Dahlia, said she lived next door to the subject property and she
was opposed to the zoning application for several reasons, including problems that had been
experienced with some of the renters.
Mr. Roy Martinez, 1440 Dahlia, also spoke in opposition to the zoning change, and gave a
history of the subject property. He urged the Council to reject the zoning application because it is
in violation of the zoning ordinance.
Council Member Best made a motion to close the public hearing, seconded by Council
Member Martin, and passed unanimously.
Responding to Mayor Rhodes, Mr. Utter said that, if this zoning application fails, the
applicant will be required to remove the two extra kitchens, and staff will follow up to ensure that
the units are safe.
Minutes
Regular Council Meeting
April 18, 1995
Page 10
In reply to Mr. Heldenfels, Mr. Bray stated that the applicant pleaded nolo contendere on one
charge and another charge was settled.
Mr. Martin reiterated that the dwelling units behind the house on the subject property would
have to be deconverted as dwelling units (by removing the kitchens) in order to be in compliance.
Mr. Bray said that if the applicant does not begin removing the kitchens right away, the city would
pursue the matter in Municipal Court and possibly file a district court case for an injunction against
the property owner.
City Secretary Chapa polled the Council for their votes as follows:
FAILED TO PASS
Amending thy Zoning O,dinancc upon application by Mary LlLa Ruiz, by changing the
;a Tcrracc, BI�ck 6, Lot 3, Gom "R 1B" Oue-family
g Map hi rtic
- , J 0 . • .n • • • U . I F. •
The foregoing ordinance failed to pass by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "No."
Ms. Ruiz contested comments made by Mr. Martinez that she had rewired the dwelling units'
kitchens without a permit. Mayor Rhodes urged Ms. Ruiz to remove the kitchens as soon as possible
to avoid going back into court.
*s*r***s*ssss
Mayor Rhodes opened the public hearing on the following zoning case:
5. Case No. 295-4. Mr. and Mrs. H.L. Martin: A change of zoning from "B-4" General Business
and "F -R" Farm -Rural Districts to "I-2" Light Industrial District on 6.84 acres out of a
portion of Tract 7 of William Robertson Farm Tract, located on the north side of Saratoga
Boulevard at County Road 37.
Mayor Rhodes stated that the Planning Commission and staffrecommended denial of the "I-2"
District, and in lieu thereof, approval of a "B-3" Business District with a Special Permit for outside
storage of building materials and equipment subject to six (6) conditions.
Mr. Robert Schmitt, from Sinton, said he was in partnership with the applicants, Mr. and Mrs.
H.L. Martin, who preferred to have the subject property rezoned to "I-2"; if that is denied, they said
they would accept the special permit for outside storage.
Council Member Best made a motion to close the public hearing, seconded by Council
Minutes
Regular Council Meeting
April 18, 1995
Page 11
Member Betty Jean Longoria, and passed unanimously.
Responding to Council Member McNichols, Group Manager Utter said that the 20% rule is
in effect when 20% percent of the land area within the 200 -foot notification area are opposed to a
particular zoning application. Mr. Utter added that the hours of operation for this business were 7
a.m. to 7 p.m.
In reply to another question from Dr. McNichols, Mr. Schmitt said that since their company
involves general construction with occasional out-of-town jobs, sometimes their employees work
longer than the 7 a.m. to 7 p.m. work day. A brief discussion ensued.
Council Member Martin questioned the screening requirements. Mr. Harvey stated that one
of the conditions of the special permit require the installation and maintenance of a standard screening
fence with a height of not less than 6 feet along the north and west property lines.
Mr. Martin expressed concern about allowing an industrial use with the special permit. Mr.
Utter said the area development plan shows that along Saratoga Boulevard near the subject property
industrial use could be permitted, and property north of Saratoga and immediately adjacent to it could
be zoned `B-4." He added that it was staffs intent to screen the subject property from the residential
uses that are further to the north of Saratoga.
Responding to Council Member Heldenfels, Mr. Utter said the "B-3" zoning with the special
permit, which staff is recommending, would allow the applicants to conduct their business without
broadening the use to "I-2" industrial use.
In response to Council Member Black, Mr. Utter said a screening fence could be constructed
out of wood or other materials as long as it provides a solid screen; screening fences are required
where "B-3" or "B-4" zoning areas are adjacent to residential areas.
Mr. Schmitt pointed out that there is already an existing screening fence on the border of the
subject property and an adjacent mobile home park.
Mr. Martin asked about requirements concerning outside storage, and City Attorney Bray
replied that the recently adopted outside storage requirements deal with "B-3" and "B-4" zoning
areas. He said it was his interpretation that if the applicant wanted the kind of outside storage
allowed in "B-3" and "B-4" zoning, there would be no need for a special permit; therefore, the
inference is that this special permit would allow unlimited outside storage with only the screening
fences that are specified by the conditions.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
April 18, 1995
Page 12
ORDINANCE NO. 022208
Amending the Zoning Ordinance upon application by Mr. and Mrs. H.L. Martin, by changing
the Zoning Map in reference to 6.84 acres out of a portion of Tract 7 of William Robertson
Farm Tract, from "B-4" General Business and "F -R" Farm -Rural Districts to "B-3" Business
District and granting a Special Council Permit for outside storage of building materials and
equipment subject to six (6) conditions; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye";
Heldenfels and Martin voting "No."
***********s*
Mayor Rhodes opened the public hearing on the following zoning case:
6. Case No. 395-2. Don Hall: A change of zoning from "B-1" Neighborhood Business District
to "B-4" General Business District on Greenwood Terrace, Block 1, Lot 1, located on the
west side of Greenwood Drive, approximately 350 feet north of South Padre Island Drive.
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 Heldenfels, and passed unanimously.
City Secretary Chaps polled the Council for their votes as follows:
ORDINANCE NO. 022209
Amending the Zoning Ordinance upon application by Don Hall, by changing the Zoning Map
in reference to Greenwood Terrace, Block 1, Lot 1, from "B-1" Neighborhood 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, Black Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
s**+****sass■
Mayor Rhodes opened the public hearing on the following zoning case:
7. Case No. 395-3E. Roy Smith: Request for an exception to the standard screening fence
Minutes
Regular Council Meeting
April 18, 1995
Page 13
requirement along the south and east property lines of 0.965 acre out of Lot 6, Section 6,
Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of South
Padre Island Drive and Rodd Field Road.
Mayor Rhodes stated that the Planning Commission and staff recommended approval of a
reduction of the standard screening fence requirement until such time as the adjacent properties
develop with residential uses.
No one opposed the motion. Council Member Best made a motion to close the public
hearing, seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
M95-080
Motion, upon application by Roy Smith, approving a reduction of the standard screening
fence requirements of the Zoning Ordinance along the south and east property lines until such
time as the adjacent properties develop with residential uses of 0.965 acre out of Lot 6,
Section 6, Flour Bluff and Encinal Farm and Garden Tracts, based on the findings that no
building permits for residential construction have been issued upon any lot or lots adjacent
to the property, no residential structures exist on any lot or lots adjacent to the property, and
that this reduction of screening fence requirements will not adversely affect the uses of
adjacent and neighboring properties.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
sssss*:s.s+*s
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 8 through 14, and Council Members requested that
Items 9, 10, and 11 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
M95-081
Motion approving a supply agreement for approximately 9,805 brass service fittings, ranging
in size from 'h" - 2" in accordance with Bid Invitation No. BI -0156-95 with Davis McAllen
Pipe and Supply, Corpus Christi, Texas based on total low bid for an estimated annual
expenditure of $83,546.30. 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
Minutes
Regular Council Meeting
April 18, 1995
Page 14
and the City Manager or his designee. These items will be used by the Water Department.
Funds are budgeted in FY 94-95 by the Water Department.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
12. FIRST READING ORDINANCE
Amending City Code of Ordinances, Section 53-254, Schedule V (Increase of State Speed
Limit in Certain Zones) by establishing new speed limits on F.M. Highway 624, as follows:
a. From the U.S. Highway 77 West Frontage Road to a point approximately 110 feet
east of Wildcat Drive -- 35 MPH.
b. From a point approximately 110 feet east of Wildcat Drive to a point approximately
350 feet east of Riverside Drive -- 45 MPH.
c. From a point approximately 350 feet east of Riverside Drive to the west City Limit --
50 MPH.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
13. FIRST READING ORDINANCE
Amending City Code of Ordinances, Section 53-257, Schedule VIII -- Parking Meter Zones
Established, by changing the existing two-hour time limit parking meters to 10 -hour time limit
parking meters along the north side of the 700-800 blocks of North Upper Broadway and
along both side of the 600 block of Buffalo Street.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
14. ORDINANCE NO. 022210
Authorizing the City Manager or his designee to execute an agreement with the State of
Texas, acting through its Texas Department of Transportation (TXDOT) for the construction,
operation, and maintenance of a "high mast" continuous lighting system on Interstate 37
between Waco Street and Lantana Road.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
*s*sss*:sr**s
Minutes
Regular Council Meeting
April 18, 1995
Page 15
Mayor Rhodes opened discussion on Item 9, purchase of replacement trucks.
Council Member McNichols expressed concern that this proposal involves $77,305 in interest
payments over five years. City Manager Garza replied that when trying to compare maintenance
costs versus interest costs, there is no definite way to gauge what the cost will be when the equipment
breaks down and there is a resulting loss of production.
Dr. McNichols said he understood why replacement vehicles had been acquired through the
lease/purchase program over the last few years, but he hoped the city would reach a point when it
could stop utilizing that method and purchase vehicles outright. Mr. Garza replied that it depended
on the economy and the city's financing ability; he added that it had been done in the past and it could
be done again.
Council Member Martin asked for an update about refunding some high -interest
lease/purchase agreements, and Mr. Garza stated that he would provide a report.
Responding to Council Member Heldenfels, Mr. Garza discussed the maintenance of the city's
heavy equipment. Mr. Garza added, in reply to Council Member Black, that the old equipment is sold
at auction and the monies are credited to the funds that the equipment originally belonged to.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
9. M95-082
Motion approving the purchase of two flat bed trucks, seven dump trucks and three brush
trucks, in accordance with Bid Invitation No. BI -0147-95, from Crosstown Ford, Corpus
Christi, based on low bid of $431,805. Financing will be provided by GE Capital under the
City's lease/purchase contract. The trucks are replacement units to be used by Street
Services, Solid Waste Services, and Park and Recreation Department.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No."
# i i i i i i i i i i i i
Mayor Rhodes opened discussion on Item 10, equipment at the O.N. Stevens Water
Treatment Plant.
Responding to Council Member Martin, Mr. Carl Crull, Group Manager for Public Works
and Utilities, stated that the two major capital improvement projects (CIP) that have been
Minutes
Regular Council Meeting
April 18, 1995
Page 16
programmed for the O.N. Stevens Water Treatment Plant are: CIP #11- piping modifications and a
new raw water pump; and CIP #13 -bar screen replacement. He added that the filter rehabilitation
is being advertised for bids at the present time.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
10. M95-083
Motion authorizing the City Manager to execute a contract in the amount of $936,000 with
Lambda Construction Company for Bar Screen Replacement, 48" Filter Piping Modifications,
and Installation of New Raw Water Pump No. 10 at the O.N. Stevens Water Treatment Plant
River Pump Station Building No. 1.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
Martin, and McNichols voting "Aye"; B. Longoria and J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 11, expansion of the Greenwood Wastewater
Treatment Plant from 6 million gallons per day (MGD) to 8 MGD capacity.
Council Member McNichols asked how it was determined that the increase of 2 MGD would
be established at that particular plant. Mr. Crull replied that in 1987 the city began planning for the
reconstruction of the Greenwood Plant which would increase it from 3 MGD to 8 MGD. However,
a change in the grant program forced the city to scale back the project to a 6 MGD capacity plant.
Staff recommended increasing the capacity of that plant because 90% of the design work has been
completed, and because approximately 1.5 MGD of wastewater flows needs to be diverted from the
Oso Plant. An increase in capacity at the Greenwood Plant would allow for that diversion to take
place.
Responding to Council Member Heldenfels, Mr. Crull said that when the Greenwood Plant
was expanded to 6 MGD capacity it was in anticipation of an eventual further expansion to 8 MGD.
In addition, he said, there have been some changes, including permit changes, that have to be
incorporated into the design.
In reply to Council Member Martin, Mr. Crull stated that despite efforts by staff and the
Mayor to modify the permit requirements, the Texas Natural Resource Conservation Commission
determined that the city must meet permit requirements of 10/15/3. Mr. Martin asked about plans
to divert effluent to the Nueces Estuary, and Mr. Crull responded that the city would have to maintain
some flow out of the Greenwood Plant into the Oso Creek and it would have to be at the permit
5%litl�[rS"
Reg gar Council Meeting
April A ', 1995
Page 17
parameters of 10/15/3.
A discussion ensued about the cost of expanding the plant by 2 MGD capacity (including
construction of sludge -handling facilities), which is estimated at $15 million. Mr. Crull told Mr.
Martin he would provide a cost analysis. Dr. McNichols added that the city did not have any other
options other than to meet the permit requirements at the Greenwood Plant.
In reply to Mr. Heldenfels, Mr. Crull stated that the current estimate to build a Southside
Treatment Plant, with all the attendant collection facilities, was $30 million. He added that when
construction of the Southside Plant was being discussed, at that time there had not been any decision
about diverting effluent to the estuary, and the permit requirements were different than what will
probably be in effect today. He added that the only action that has been taken on the Southside Plant
is a location study that was conducted and land was purchased based on that study.
Responding to Mr. Martin, Mr. Crull said that to upgrade the Greenwood Plant --at its current
capacity of 6 MGD --to meet new permit requirements would cost approximately $7 million. Mr.
Martin emphasized that there is a tremendous cost associated with retrofitting the treatment plant in
order to meet unfunded government mandates. He suggested that staff provide another presentation
on this issue so that the Council and citizens can better understand it. Mr. Crull added that in the
future there needs to be an analysis of consolidating treatment plants, because it is more economical
to operate a larger plant than a series of smaller plants.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
11. M95-084
Motion awarding a contract in the amount of $1,037,200 to Urban Engineering for
engineering services to increase Greenwood Wastewater Treatment Plant from 6 million
gallons per day (MGD) to 8 MGD capacity and upgrade treatment standards to meet 10/15/3
permit requirements.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
Mayor Rhodes called for the City Manager's report. Mr. Garza stated that there will be a
hearing by the Texas Natural Resource Conservation Conunission on the city's "pass-through" plan
for freshwater releases on April 26, 1995 at 9:30 a.m. in Austin, and staff will be present. Mayor
Rhodes noted that it was the same day as the hearing on the proposed landfill near the Choke Canyon
Minutes
Regular Council Meeting
April 18, 1995
Page 18
Reservoir, as discussed in Item 1 on the day's agenda. Mr. Garza added that, if approved, the
effective date of the pass-through plan would be May 1, 1995.
Mr. Garza also noted that the city hosted two professional association conferences last week --
the South Central Chapter of the American Association of Airport Executives, and the Texas Section
American Water Works Association. He commended the staff for their efforts.
In addition, the public hearing on the Community Development Consolidated Plan will be held
at 6 p.m. on April 25, 1995. Group Manager Utter noted that action on that plan will not be taken
until the May 16, 1995 Council meeting. He explained that this procedure is different from previous
years because the plan now consolidates different programs and the requirements are different. A
brief discussion ensued.
Group Manager Crull stated that the Laguna Madre Wastewater Treatment Plant had received
a state award for Excellence in Operations and Maintenance, and it will now compete for regional and
national awards. Mr. Utter also distributed to the Council a letter from the TNRCC about
environmental liability regarding the purchase of land near the refineries.
* * * * * * * * * * * * *
In her report, Mayor Rhodes commended staff for a memo regarding parking restrictions.
She added that the Corpus Christi Botanical Gardens will be developing a series of classes on how
to properly compost. She encouraged citizens to take part.
Mayor Rhodes called for Council concerns and reports, and there were none.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. G.A. Summers, 542 Caribbean, pastor of Waldron Road Baptist Church, asked the
Council to proclaim a week of repentance, fasting and prayer for the healing of the city. He said there
has been a spiritual and moral collapse, noting that this city is named after the Body of Christ, and
redemption will come if citizens seek God's forgiveness.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 5:35 p.m. on April 18, 1995.
* * * * * * * * * * * * *