HomeMy WebLinkAboutMinutes City Council - 07/18/19951 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 ofJuly 18, 1995, which were approved by the
City Council on July 25, 1995.
SEAL
WITNESSETH MY HAND AND SEAL, this 25th day ofJuly, 1995.
l
Armando Chapa
City Secretary
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Betty Black
Council Members:
Dr. Jack Best
Melody Cooper
Tony Heldenfels*
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 18, 1995
1 p.m.
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. Paul Chang, Korean Baptist Church of Corpus Christi,
following which the Pledge of Allegiance to the flag of the United States was led by Judge Rodolfo
Tamez, Presiding Judge of the Municipal Court of Corpus Christi.
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 July 11,
1995, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
*Council Member Heldenfels arrived at the meeting.
Mayor Rhodes conducted the swearing-in ceremony of the four Municipal Court Judges:
Rodolfo Tamez (Presiding Judge), Donald Alex, Julianna Rivera, and Caroline Bertuzzi. The judges
introduced their families who were present, and they attended a reception outside the Council
Chambers.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on the proposed budget for fiscal year 1995-96.
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Regular Council Meeting
July 18, 1995
Page 2
City Manager Garza said the Council would hear a presentation on Solid Waste Services,
followed by consideration of items on the regular and consent agendas, and conclude with further
discussion of the proposed budget.
Mr. Tom Utter, Group Manager for Development Services, explained that the Elliott Landfill
has been in operation over 25 years and has a useful life of approximately five or six years. In
addition, efforts are continuing to acquire a site for the new landfill. Mr. Utter described current
conditions at the Elliott Landfill, noting that when cells 1 and 2 were constructed, no plastic liners
were required at that time. He said cells 3 and 4, which are currently in operation, were permitted
to use select garbage as an alternative for protective cover, thus saving the city a great deal of money.
He commended Solid Waste Services employees for their effort in negotiating that alternative cover.
Mr. Utter said that planning has begun for the construction of cells 5 and 6, which will cost
an estimated $1.3 million each just for the bottom of each cell (a final cover will be placed over each
cell once it has reached capacity). Originally, staff had indicated that cells 5 and 6 would need to be
constructed in FY 95-96; upon re-evaluation, it was determined that several factors (increased
compaction and brush grinding) could contribute to postponing construction of cell 6 until FY 96-97.
He used a chart to illustrate the Solid Waste Services costs: over the remaining five years of
the landfill's life, approximately 100 acres will need to have a final cover installed at a cost of about
$71,000 per acre, or $7.1 million; gas extraction monitoring at $600,000; three-year design and
permitting process for the new landfill of about $3 million; land acquisition of about $5.5 million; and
landfill construction of about $10 million (which he briefly described). Staff recommends that these
costs would be paid through two bond issues, the first occurring in FY 95-96 for about $7.9 million,
and the second one in FY 98-99 for about $19.3 million.
Mr. Utter described the ways that the proposed rate increase of $0.50 per residential account
and $3.19 per ton for commercial customers would prepare for the community's current and future
solid waste needs. He said some issues which may require a modification of this strategy include:
filling of cells at Elliott Landfill sooner than expected; more extensive gas monitoring/extraction; risk
that proposed landfill site may not be permitted; and possible regulatory changes requiring earlier
closing of Elliott Landfill, which would require funds for final cover.
Responding to Council Member McNichols, Mr. Utter said that, based on in-depth Council
discussion on solid waste needs and costs, staff re -analyzed its recommendations (which dealt only
with short-term needs) and have brought back a proposal that addresses the long-term solid waste
needs. In reply to another question from Dr. McNichols, Mr. Utter said there is a possibility that
construction of cell 6 may need to begin late in FY 95-96 on a phased -in basis.
Dr. McNichols then asked about the cost and effectiveness of the city's recycling program.
Mr. R.T. Bruner, Director of Solid Waste Services replied that through recycling, the capacity of the
Elliott Landfill is increased by about four to five days a year. And all of the brush that is disposed of
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Regular Council Meeting
July 18, 1995
Page 3
accounts for about 19% to 21% of the total landfill volume. Dr. McNichols said that his questions
stem not from a desire to eliminate the recycling program, but to determine how much money the city
is willing to spend for what it is getting out of the program. He said each year the city's net cost for
the recycling program is about $800,000. He suggested that the city decrease the recycling program
and spend more effort and money to decrease the amount of brush that is being deposited in the
landfill. He also said that tipping fees could be raised rather than increasing the residential and
commercial disposal fees.
Mr. Utter said that there is an extremely high participation rate in the city's recycling program,
primarily due to the twice -a -month curbside service. He said one of the most often -requested
services is curbside recycling pick-up at apartment complexes. He also described the current fees.
Referring to some of Dr. McNichols comments, Mr. Garza said that the major component in
the solid waste services proposal that changed was accelerating progress on the landfill site
acquisition. Another aspect was the proposed increase in the brush grinding services to prolong the
life of the current cells. In response to another question, Mr. Utter said the recommended fee
increase for solid waste services would generate about $1.3 million.
Council Member Heldenfels asked if the city's recycling program could be privatized, and Mr.
Garza said that it could, but it would probably be vastly modified in order for a company to make a
profit on that service. Mr. Heldenfels also asked about chipping all of the brush as it is picked up,
and Mr. Garza replied that it is too time consuming to do that. Mr. Utter said the department is
grinding up a tremendous amount and using it to bulk up the required daily cover, which saves money
on dirt. He said people are allowed to come to the Elliott Landfill to pick up mulch for their use.
In reply to Council Member Best, Mr. Utter said the city intends to continue picking up brush
and is able to grind it up at the landfill. He added that some U.S. cities require people to mulch their
yard waste at their own homes rather than landfilling it.
Council Member Martin said almost all of the city's General Fund programs do not pay for
themselves and Solid Waste Services is one of the very few that does. He commended the staff for
re-evaluating their original proposal and determining a way to use the increased garbage rates to fund
the current and new landfills.
Mayor Rhodes said sometimes the Council is criticized for implementing fees and programs
that improve the city's infrastructure for years to come, but she reaffirmed their commitment to
continue doing so.
Responding to Council Member John Longoria, Mr. Bruner said two years ago the solid
waste fees were raised $1 per month to pay for the landfill liner, and last year the rate went up 48
cents. Mr. Longoria expressed concern about the increasing rates and whether this year's increase
would be sufficient for the next eight years. Mr. Utter stated that this proposal meets all of the
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Regular Council Meeting
July 18, 1995
Page 4
current environmental regulations; staff does not anticipate those regulations becoming more stringent
in the next few years, although the proposal does allow for contingencies. He added that the Landfill
Site Selection Committee, staff and consulting engineers have done extensive work on site selection.
Council Member Betty Jean Longoria asked about the cost to cover the landfill, and Mr. Utter
said the final cover would cost about $1 million per year which is extended out over seven years.
Mrs. Longoria said she supported the long-term Solid Waste Services proposal, and did not want to
make any changes to the recycling program.
Mr. Martin pointed out that there is a connection to improved brush and garbage pickup and
improved drainage, and he encouraged staff to continue improving "high -impact" items such as those.
Council Member Cooper said the public does not want to decrease the recycling program but
rather to increase it. Mayor Rhodes said the Council would consider other items on the agenda and
return to the budget discussion later in the meeting.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, Phase I of the city's annexation program.
Responding to Council Member Martin, Group Manager Utter said Tract B2 was being
recommended for annexation because it had been under an industrial district agreement and it no
longer has an industrial use (an adult video store is currently located there). He added that since it
is adjacent to the city limits it has been receiving city services, such as police and fire services, but it
has not been paying taxes.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
4.a. M95-187
Motion to amend, prior to second reading, the annexation ordinance by incorporating metes
and bounds descriptions of the six tracts as "Exhibit A, B, C, D, E, and F' to the annexation
ordinance.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
4.b. ORDINANCE NO. 022267
Annexing adjacent and contiguous territory containing five tracts of land and one tract of
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Regular Council Meeting
July 18, 1995
Page 5
water to the City of Corpus Christi, Texas; declaring such territory an integral part of the City
of Corpus Christi, Texas; fully describing the annexed territory; adopting a service plan for
the annexed territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring
inhabitants and property owners entitled to all the same rights, privileges and burdens of other
citizens of the City; declaring the annexed territory, as a part of the City of Corpus Christi,
Texas, subject to the City Charter and the ordinances, resolutions, motions, laws, rules and
regulations of the City of Corpus Christi; and providing for severance.
The foregoing ordinance passed on second reading, as amended, by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning application:
5. Case No. C695 -1A. City of Corpus Christi. Zone newly annexed areas to "R -1B" One -family
Dwelling District on Area A3.1 and "F -R" Farm -Rural District on Area A3.2, located along
the east side of Wood River Dr. and approximately 200 ft. north of Farm to Market Rd 624.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning case. Council Member Best made a motion to close the public hearing, seconded
by Council Member Heldenfels, and passed unanimously.
Council Member Martin suggested that one public hearing be held on Items 5-10 since they
are all zoning applications related to the annexation of Phase I tracts. Mayor Rhodes said the Council
would vote on Item 5 separately since the public hearing had already been opened and closed, and
they would consider the other items as a group.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022268
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the
Zoning Map in reference to Woodriver Unit 12 and a 23.45 -acre tract of land out of Nueces
River Irrigation Park Annex 2, by zoning of newly annexed area to "R -IB" One -family
Dwelling District on Subarea A3.1 and "F -R" Farm -Rural District on Subarea A3.2; providing
for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
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Regular Council Meeting
July 18, 1995
Page 6
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the zoning applications under Items 6-9. Group
Manager Utter said Item 10 should be considered separately in order to make a small clarification.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning cases. 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:
6. ORDINANCE NO. 022269
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the
Zoning Map in reference to a 0.05 -acre tract of land adjacent to Woodriver Unit 1, Block 14,
Lot 1, by zoning of newly annexed area to "R -1B" One -family Dwelling District; providing
for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
ORDINANCE NO. 022270
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the
Zoning Map in reference to a 2,555 -acre tract out of the Nueces Bay, by zoning of newly
annexed area to "F -R" Farm -Rural District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
8. ORDINANCE NO.022271
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the
Zoning Map in reference to Goldston Addition, Block 1, Lot 7, by zoning of newly annexed
area to "I-2" Light Industrial District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
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Regular Council Meeting
July 18, 1995
Page 7
9. ORDINANCE 022272
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the
Zoning Map in reference to a 1,624 -acre tract of land bounded by Oso Creek on the north and
east, County Road 41 on the west and south boundary being approximately 1 mile south of
Farm to Market Road 2444, by zoning of newly annexed area to "F -R" Farm -Rural District
on Subareas D1.1 and D1.4; "RE" Residential Estate District on Subareas D1.2 and D1.5;
and "B-1" Neighborhood Business District on Subarea D1.3; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on Item 10. Mr. Utter said the description of this
zoning case on the agenda read "R -1B" when it should read "R -1C"; he noted that the ordinance on
the agenda was correct and it was correctly advertised. City Attorney Bray said the item did not need
to be amended.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning case. 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:
10. ORDINANCE NO. 022273
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the
Zoning Map in reference to the east portion of Sections 21 and 22, Flour Bluff and Encinal
Farm and Garden Tracts, by zoning newly annexed area to "B-4" General Business District
on Subarea D3.1 and "R -1C" One -Family Dwelling District on Subarea D3.2; providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
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Regular Council Meeting
July 18, 1995
Page 8
11. Case No. 695-7. Peerless Cleaners: A change of zoning from "R -1B" One -family Dwelling,
"AB" Professional Office and "B-1" Neighborhood Business Districts to "I-2" Light Industrial
District on Cooperdale Addition, Block 1, Lots 1 through 5, located on the northeast corner
of South Staples Street and Rosedale Drive.
The Mayor said the Planning Commission and staff recommended denial of the "I-2" District,
and in lieu thereof approval of a Special Permit for dry cleaning and laundry processing plant subject
to a site plan and six (6) conditions.
Mr. Brandol Harvey, Director of Planning and Development, used a video to show the
location of the subject property. No one opposed the zoning application; Council Member Heldenfels
made a motion to close the public hearing, seconded by Council Member Martin and passed
unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022274
Amending the Zoning Ordinance upon application by Peerless Cleaners, by granting a Special
Council Permit for dry cleaning and laundry processing plant subject to a site plan and six (6)
conditions on Cooperdale Addition, Block 1, Lots 1 through 5; 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."
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 12 through 25, and Council Members requested that
Items 13, 16, 22, and 24 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
12. M95-188
Motion approving the purchase of two 4,000 Ib. capacity forklifts in accordance with Bid
Invitation No. BI -0230-95 from Nueces Power Equipment, Corpus Christi for the total
amount of $32,794 based on low bid meeting specifications. The units will be used by the
Gas Department and Maintenance Services Department and are budgeted in the FY 94-95
Capital Outlay as additional and replacement equipment.
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Regular Council Meeting
July 18, 1995
Page 9
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
14. M95-190
Motion approving the purchase of three pumps for Wastewater Services in accordance with
Bid Invitation No. BI -0266-95 from Davis McAllen Pipe & Supply, Corpus Christi, based on
low bid of $24,898. The pumps are budgeted in the FY 94-95 Capital Outlay as replacement
equipment.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
15. M95-191
Motion approving the purchase of a GIS Server for the Engineering Services Department in
accordance with Bid invitation No. BI -0142-95 from Integrated Computer Systems, Austin,
Texas based on the low bid of $31,307. The server will be used by Engineering to upgrade
the GIS System. The equipment has been included in the 1994-95 Capital Outlay budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
17. M95-193
Motion authorizing the City Manager of his designee to execute an agreement with the
Nueces County Tax Appraisal District for the sharing of Geographic Database Information.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
18. M95-194
Motion approving supply agreements for food items which include canned and frozen fruit
and vegetables, meats, condiments, spices, etc., in accordance with Coastal Bend Council of
Governments Bid Invitation Nos. CBCOG-95-1 and CBCOG-95-2 with the following
companies for the following amounts based on low bid for an estimated three month
expenditure of $43,083.71. The term of the agreements shall be for three months with an
option to extend for up to an additional three months, subject to the approval of the suppliers
and the City Manager or his designee. These items will be used by Senior Community
Services for the Elderly Nutrition Program. Funds are budgeted in FY 94-95 and requested
for FY 95-96 by Senior Community Services.
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Regular Council Meeting
July 18, 1995
Page 10
Sysco Food Services
Corpus Christi, Texas
$21,872.10
U.S. Food Service
Corpus Christi. Texas
$10,206.11
Labatt Food
Corpus Christi. Texas
$7,943.70
Olson -Kessler
Corpus Christi. Texas
$3,061.80
GRAND TOTAL: $43,083.71
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
13. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
19. M95-195
Motion to award a contract in the amount of $50,968 to GCC Constructors for construction
of a Chlorine Dioxide Vault at the River Station Facility O.N. Stevens Water Treatment
Plant.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
20. M95-196
Motion awarding a contract in the amount of $53,976 to Port Enterprises for re -roofing at
O.N. Stevens Water Treatment Plant.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
13. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
21. M95-197
Motion to award a contract in the amount of $57,943 to C.W. Campbell Electric for
installation of O.N. Stevens Water Plant Remote Controlled Sluice Gate Operators and River
Station Telemetry Projects - 1995.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
23. RESOLUTION NO. 022276
Resolution requesting the General Services Commission to allow the City of Corpus Christi
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Regular Council Meeting
July 18, 1995
Page 11
to participate in State Cooperative Local Purchasing Programs.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
25. ORDINANCE NO. 022278
Allowing the phased closing and abandonment of a 74,881 square foot portion (1.719 acres)
of an old undeveloped 40 foot wide street right-of-way out of Lots 3, 4, and 5, Section 10
and Lots 28, 29, and 30, Section I I, Flour Bluff and Encinal Farm and Garden Tract; subject
to compliance with the specified conditions, the replatting, within 180 days, and abandonment
of a 24,060 square foot portion (0.552 acres) of said 40 foot wide roadway easement; and the
replatting of subsequent portions of said 40 foot wide roadway easement within a period not
to exceed five (5) years.
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."
*r*►ssss**s*s
Mayor Rhodes opened discussion on Item 13, purchase of tractors and mowers.
Responding to Council Member McNichols, Mr. F.D. Glenn, Purchasing Agent, said that the
actual amounts of the equipment were more than what was budgeted but it was determined that larger
pieces of equipment were needed. Dr. McNichols commented that purchase items should be more
accurately budgeted for.
Mayor Rhodes called for comments from the audience.
Mr. Jimmie Till, 1265 Southern Minerals Road, said there are many parts of Corpus Christi
that have not been adequately mowed. Mr. Garza said the purchase of these tractors will help
alleviate that problem.
City Secretary Chapa polled the Council for their votes as follows:
13. M95-189
Motion approving the purchase of one tractor with 3 -deck rotary mower, one utility tractor,
one tractor with front end loader, and one tractor/slope mower in accordance with Bid
Invitation No. BI -0233-95 from Coastal Plains Equipment, Corpus Christi, Texas based on
low bid and only bid for the total amount of $147,448. The equipment is budgeted in the
1994-95 Capital Outlay as replacement equipment for Stormwater and Park and Recreation.
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July 18, 1995
Page 12
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 16, Geographic Information System Basemap.
In response to Council Member Heldenfels, Mr. R.H. Shackelford, Director of Engineering
Services, said when the Geographic Information System was installed, a precise control system was
installed as well throughout the city. When the basemap was being developed, it was developed off
of plats that were dated as far back as the late 1800s; in some cases the plats did not close. The
purpose of the proposed contract is to hire a company that will make the necessary adjustments in
the downtown/uptown project area.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
16. M95-192
Motion awarding a contract for consulting services in the amount of $19,000 to Thompson
Professional Services, Inc. to adjust the Geographic Information System basemap of the
downtown/uptown area.
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 22, Minority Business Opportunity Committee.
Replying to a question from Council Member Black, Group Manager Utter explained how
Corpus Christi came to have a designated Minority Business Opportunity Committee (MBOC). He
said MBOC was established last year to increase business opportunities to minority businesses
through a variety of ways, including providing greater access to money, management, and markets.
Mr. Utter credited U.S. Congressman Solomon Ortiz for making officials aware of the opportunity
to establish MBOC in Corpus Christi through the U.S. Department of Commerce.
Council Member Heldenfels questioned whether recent actions by the U.S. Supreme Court
regarding minority businesses would have any effect on MBOC, and City Attorney Bray stated that
from what he's read, he did not think it would affect a program like MBOC.
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Regular Council Meeting
July 18, 1995
Page 13
Responding to Council Member Martin, Mr. Utter said MBOC is designed for minority
businesses only. He added that the Minority Business Development Administration does not classify
"female" as a minority, although the city does.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
22.a. M95-198
Motion authorizing the City Manager or his designee to execute an agreement with the U.S.
Department of Commerce, Minority Business Development Agency to accept a grant for
$70,000 to carry out the Minority Business Opportunity Committee (MBOC) Program.
The foregoing motion passed by the following vote: Best, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Rhodes absent.
22.b. ORDINANCE NO. 022275
Ordinance authorizing the appropriation of $70,000 received from the U.S. Department of
Commerce, Minority Business Development Agency to continue the MBOC program.
An emergency was declared and the foregoing ordinance passed by the following vote: Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye";
Rhodes absent.
ssss*rss****a
Mayor Rhodes opened discussion on Item 24, an agricultural water use covenant.
Council Member Martin said he was not opposed to Item 24, but he wanted to use it as a
format to discuss a related item which he said greatly concerned him regarding outside city limits
(OCL) water service contracts. He referred to a recent memo from Mr. Carl Crull, Group Manager
for Public Works and Utilities, in which Mr. Crull said once the city provides water service to an OCL
customer, the city has permanent, perpetual responsibility to repair and maintain that line. Mr. Martin
asked if that position has been thoroughly researched legally and, if so, he asked staff to come back
with a proposal on rates for OCL customers that would allow for the establishment of a fund to
replace water lines.
In response to Mr. Martin's concerns, City Attorney Bray said the legal staff has not had the
opportunity to thoroughly review the OCL water service policy. Council Member McNichols said
he shared the same concerns.
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Regular Council Meeting
July 18, 1995
Page 14
Mr. Crull explained that the areas the city is obligated to serve are the areas within the
Certificate of Convenience and Necessity that was issued by the Texas Water Development Board
in 1977; those areas basically extend to the extraterritorial jurisdiction (ETJ) line, which is five miles
outside the city limits. Mr. Crull used the example of the water line near Old Brownsville Road,
which was developed by the Navy to provide water to Cuddihy Field and later deeded to the city.
He added that prior to 1958 the city did not even have a policy regarding OCL water service.
Referring to a comment by Council Member Heldenfels, Mr. Crull said the city now has an
OCL water services policy, which includes regulations regarding platting, agricultural use,
annexation, etc. He said most of the extensions for OCL water contracts are fairly close to the city
limits, except for the ones that were extended during the 1940s and 1950s. He said conditions for
termination include: "nonpayment of charges; nonuse; or other similar reasons in the usual course of
business."
Responding to questions from Mr. Heldenfels regarding the contract being proposed, Mr.
Crull said that if the applicant, Mr. Wayne Lundquist, decided to eventually develop and plat the land
which currently is being used agriculturally, he would then be required to install the water system,
sewer system and street system. If it wasn't annexed, the platting ordinance would require the same
construction of infrastructure and Mr. Lundquist would have to enter into an OCL water contract,
and a brief discussion ensued.
Mr. Martin said he had been told that the city does not exercise building control authority
(permits, codes and street conditions) within the city's ETJ. Mr. Crull said the building codes are tied
in through the OCL water contracts. Specifically regarding the Country Creek subdivision, Mr. Crull
said the OCL water contract that was entered into between the developer and the city required them
to acquire building permits and have building inspections.
Mayor Rhodes called for comments from the audience.
Mr. R.J. Herschbach, 4650 Hakel, presented a case that he said he had researched which
prohibits the use of city funds for water mains.
City Secretary Chapa polled the Council for their votes as follows:
24. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an Agricultural Water Use Covenant
with Wayne Lundquist on 35.29 acres of land out of Section 21, Flour Bluff and Encinal Farm
and Garden Tracts, Lots 9 and 10.
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."
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Regular Council Meeting
July 18, 1995
Page 15
* * * * * * * * * * * * *
Mayor Rhodes called for a 10 -minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 26-28, further consideration of the proposed FY
95-96 budget.
Ms. Grace McNett, Capital Budget Officer, reviewed the proposed FY 95-96 street capital
improvement projects: McArdle Road -Carroll to Everhart ($90,000); Texas A&M -Corpus Christi
access improvements, Phase 1 ($100,000) and Phase 2 ($1.5 million); Holly Road Phase I ($200,000)
and Phase 2 ($1.6 million); Violet Road-Annaville to Starlite ($205,000); Greenwood Drive-SPID
to Saratoga ($330,000); and city's share of street construction in new subdivisions ($200,000).
Responding to Council Member Cooper, City Manager Garza said the Airline Road project
(Wooldridge to Saratoga) was originally budgeted for $410,000, but due to changes in the cost of
the other projects, it was deleted from the recommendation because it was a lower priority and it did
not fit within the $4.7 million target. Mrs. Cooper said she wanted that project to be reinstated, and
she asked if some funds could be taken from the other projects in order to fund the Airline Road
project.
In reply to Council Member Best, Ms. McNett said the highest priority projects are the two
phases of the Texas A&M -CC access improvements and the two phases of Holly Road. Referring
to some of the other projects, she said the city has a policy that when a new street is built it should
have adequate lighting. Regarding the Nile Drive project, Mr. Crull said the planned improvements
include curb and gutter, sidewalk and other improvements near South Guth Park to be more
consistent with the rest of Nile Drive. Mr. Garza reemphasized the importance of these projects.
In response to Council Member Heldenfels, Mr. Crull explained that when the Spur 3 project
(Texas A&M -CC) came about it was designated as a state highway, and the city committed to
supporting it. He briefly described the importance of the project, including adequate access and street
improvements for evacuation.
Regarding the Airline Road project, Mr. Crull said the section of Airline from Wooldridge to
Saratoga has dropped in traffic by about 40% since 1986, primarily due to the addition of the
Cimarron Road connection and the widening of Airline from Holly to Wooldridge. Ms. McNett and
Mr. Crull explained why staff was recommending $200,000 for the city's share of new subdivisions.
Council Member McNichols asked why some projects, such as Texas A&M -CC access
improvements, have become such a high priority. Ms. McNett explained that part of the reason is
that the city lobbied very aggressively for the expansion of what used to be Corpus Christi State
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Regular Council Meeting
July 18, 1995
Page 16
University into a four-year university, and with that came commitments to improve the infrastructure.
In addition, the city lobbied to have Ennis Joslin/Ocean Drive designated as a state highway (Spur
3) in order to leverage its funds with state funds. Ms. McNett and Mr. Crull said the state's inclusion
of Holly Road in its PASS program also reduced the city's financial commitment while increasing the
area that would be improved; and Greenwood Drive was also eligible for some state funding, which
allowed it to be constructed when it might otherwise not have been.
Responding to Council Member Martin, City Manager Garza said the street improvement
projects themselves did not relate to the budget, but the debt service (in the event that bonds to
finance them would be sold) would be included in the budget. After citing several examples, Mr.
Martin asked staff to prepare a list of all of the projects, including those which have funds currently
allocated and those which are proposed to be funded through a bond sale.
Mr. Garza said the Council could proceed with its deliberations on the operating budget and
set the street capital improvement program aside temporarily, and staff would return with a thorough
analysis and presentation in the near future. A brief discussion ensued regarding the Greenwood and
Airline projects, as well as the funding possibilities.
Mr. Martin asked if the drainage projects for which funds are allocated could be the
responsibility of the Drainage Fund in order to offer some relief to the General Fund, and Mr. Garza
replied that he thought it could.
Mr. Garza then referred to an update of the preliminary budget document that he had sent the
Council members, which addressed the following items: reclassification of an expense in the Marina
Fund; an adjustment in the Tourist and Convention Fund; reclassification of the Lavaca-Navidad
River Authority payment; a transfer of $951,390 from the Combined Utilities Fund to the General
Obligation Debt Fund; and an update of the Texas Municipal Retirement System (TMRS) rate.
The City Manager also discussed the summary of major budget items in the General Fund for
the proposed budget: revenue increases, including a proposed property tax increase of $0.0058 per
$100 taxable valuation, and solid waste fee increases; physical assets; human assets; adjustments to
the budgeted unreserved fund balance; and optional adjustments.
Mr. Martin made a motion to include the following items in the FY 95-96 budget: Park and
Recreation fee increases ($169,816); increases in other General Fund fees ($169,300); eight civilian
employees for the Police Telephone Reporting Unit ($189,359); reduce the Neighborhood
Improvement -Demolition and Clean -Up item (from $185,000 to $150,000); eliminate the proposed
$0.0058 tax increase; incorporate the adjustments itemized in the update of the preliminary budget
document; and instruct the City Manager to provide the Debt Service Bond Fund reserve program
at the 75% level without a tax increase. The motion was seconded by Dr. McNichols.
Responding to Dr. Best, Mr. Martin explained that his motion did not include a property tax
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Regular Council Meeting
July 18, 1995
Page 17
increase for the street capital improvement projects that had been discussed during a previous Council
meeting. He discussed different ways those projects could be funded, including taking the $6.7
million that is currently available and allocating it to the projects with the most stringent time
constraints. He added that if the Council did decide to sell bonds for the street projects, they could
be sold later so that the tax rate would not be affected until the next fiscal year.
Mr. Martin stated that he would not be opposed to allocating taxes for the street projects
which were part of the 1986 bond program because those projects were approved by the voters.
However, he said it was his opinion that the projects that were not part of the 1986 bond program
should be funded through other sources.
Mr. Heldenfels asked if Mr. Martin would amend his motion to include $100,000 to pay for
the Library Internet computer system. Mr. Martin replied that rather than take the money out of the
city's budget, he would prefer to direct staff to consider funding the computer system through the
Corpus Christi Housing Finance Corporation and/or the Corpus Christi Community Improvement
Corporation. Mr. Heldenfels withdrew his amendment.
Responding to Council Member John Longoria, Mr. Garza said the reason the Debt Service
Fund can stay above its 75% coverage without a tax increase is due to the transfer of $951,390 from
the Combined Utilities Fund for the drainage utility's share of debt service. Mr. Martin pointed out
that the City Manager may end up having to increase the taxes in the Debt Service Fund and
proportionally adjust the General Fund, which is really the same tax levy.
In reply to Mr. Heldenfels, Mr. Garza briefly explained the contribution to TMRS. He said
he would provide Mr. Heldenfels with more information.
Dr. McNichols pointed out that one of the primary goals of the budget is to preserve the long-
term integrity of the G.O. Debt Service Fund, and he said the Council could provide further direction
on how to adjust the General Fund if need be.
Mayor Rhodes called for a voice vote on Mr. Martin's motion regarding the budget
amendments as stated above, and the motion passed unanimously. Mr. Garza then briefly described
what those General Fund amounts would be with the inclusion of Mr. Martin's motion.
Responding to Dr. McNichols, Mr. Garza said the pay increase for non-union city employees
was 3% effective in December 1994; in FY 93-94 there was a lump sum payment of 2% (with no
increase to the base) for managerial employees and 3% for non -managerial employees; there was no
increase in FY 92-93; and in FY 91-92 there was a 3% increase. Dr. McNichols raised concerns
about the proposed 3% salary increase for non-union employees in FY 95-96. Mr. Garza discussed
the importance of maintaining those salary increases both for union and non-union employees.
Mayor Rhodes said she would not support an attempt to eliminate the salary increase or a
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Regular Council Meeting
July 18, 1995
Page 18
reduction in hiring, saying she thought the city was understaffed and the employees underpaid. She
said although there are a handful of managerial employees who make higher salaries, a large portion
of city employees are at or below the poverty level. Mr. Garza gave examples of outstanding service
by city employees. Responding to Dr. Best, Mr. Garza said the minimum salary (for a full-time city
employee) is about $12,000 per year. The Mayor said she did agree with Dr. McNichols about
continuing to direct staff with regard to General Fund expenditures.
Following a brief discussion, there was a question about whether Mr. Martin's motion
concerning the budget, which was unanimously approved by the Council, was in the form of
directions to the staff or an amendment to the first reading of the ordinance approving the FY 95-96
budget. Mayor Rhodes called for a second vote on the motion, which again passed unanimously,
formally amending the first reading of the budget ordinance.
Mr. Heldenfels said he supported the budget with the amendments, but he did not support the
proposed 3% pay increase for city employees. Mr. Martin suggested that Mr. Heldenfels could vote
in favor of Item 26 and against Item 27.
Mayor Rhodes called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, asked about a discrepancy in the ending balance in the
Reinvestment Zone Fund of $168,000 and the estimated beginning balance in the proposed budget
of $228,000. He asked if there were any possibility in a further reduction in Central Power & Light
rates, and if it would affect the proposed budget.
Responding to Mr. O'Brien, Mr. Garza stated that there are two funds which impact the
Reinvestment Zone: the holding fund in which the money is received, and the debt service fund. He
said he would provide a more detailed report on that to both Mr. O'Brien and the Council. Mr.
Martin added that rate decreases which adversely affect the city's franchise fees are pretty well offset
by a reduction in expenses.
Mr. R.J. Herschbach questioned differences between the pay for trainees in the Fire
Department and those for shift employees. He said the contracts providing for retroactive pay were
illegal and a misappropriation of funds. He also objected to what he said were illegal contributions
to the union, and he discussed the posting of collective bargaining meetings. Mr. Herschbach
questioned fire employees collecting donations while they are on call.
In reply to Mr. Herschbach, Mr. Garza said the Fire Department salary is provided for on an
annual basis. Referring to the contracts questioned by Mr. Herschbach, Mr. Bray said staff believes
the contracts are valid and are done properly. Mr. Garza added that the fire employees are always
on call, even when they solicit donations for charitable organizations.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
July 18, 1995
Page 19
26. FIRST READING ORDINANCE
Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1,
1995; to be filed with the County Clerk; appropriating monies as provided in said budget;
providing for severance.
The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes,
Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye."
27. FIRST READING ORDINANCE
Amending Ordinance 3658 as amended, Subsections 251 through 257, revising Classification
Schedules. Amending Ordinance 8127, Section 501, to provide for an approximate 3%
general increase and range adjustment for salary schedules A and B and Grade 8, effective
August 7, 1995. Amending Ordinance 8127, Section 510, to provide for, consistent with the
pay adjustments required by the Fire Collective Bargaining Agreement for non -managerial
personnel, approximate adjustments to Fire managerial salary ranges of 2.5% effective July
24, 1995, and 2.5% effective February 5, 1996, and to provide an approximate 3% general
increase and range adjustment to non -Police and Fire managerial classifications, and excluding
Municipal Court Judges from the general increase, effective August 7, 1995. Amending
Ordinance 8127, Section 700, Subsection 707.1, to be in compliance with life insurance
coverage limits set by State law. Amending Ordinance 8127, Section 954, for compliance
with the Uniformed Services Employment and Re-employment Rights Act of 1994. Amend
Ordinance 8127, Section 1000, to clarify language. Providing for severance.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting
"No."
28. RESOLUTION NO. 022277
Resolution directing the scheduling of a Public Hearing on creation of a Drainage Utility and
publication of notice thereof.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
**sst*srs**ss
Mayor Rhodes called for the City Manager's report. Mr. Garza said there was a good
response from the public over the weekend in reducing water consumption, allowing the stored water
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Regular Council Meeting
July 18, 1995
Page 20
reserves to be increased. He said the repair of two major water pumps will be completed tomorrow
and the emergency conservation effort will be ended. Mr. Martin asked that a comparison of water
consumption of the previous weekend with that of this past weekend be conducted.
In her report, Mayor Rhodes addressed at length the recent decision handed down by the
Texas Court of Appeals, Third District, at Austin regarding the contract with the Lavaca-Navidad
River Authority (LNRA). She quoted from the court's decision as follows: "The trial court's
judgment adopted the argument of appellees, five City taxpayers...that, in order to be valid, Supply
Contract No. 4 had to be approved in a City-wide election. We will reverse that portion of the trial
court's judgment presented on this appeal and will render judgment declaring Supply Contract No.
4 valid and sufficient to support the issuance of bonds."
The Mayor continued, "The issue presented on appeal is whether Charter section 10 requires
voter approval of Supply Contract No. 4 in order for it to be validly authorized....The restriction in
Charter section 10 expressly applies to contracts for the purchase of electricity, gas, and oil; it does
not expressly apply to contracts for the purchase of water, which is the subject of Supply Contract
No. 4....We hold that water purchases are not included....Taxpayers ardently assert that the plain,
everyday meaning of `public utility' includes water along with gas and electric utilities.... The phrase
in dispute, however, does not list utilities. Instead, it lists items that public utilities, as businesses,
might purchase..."
Continuing to quote from the decision, the Mayor said, "Taxpayers alternatively argue
that...(this) should not apply to Charter section 10, contending that the voter approval restriction for
long-term contracts 'is a flat requirement for all public utility purchase contracts' regardless of
specific or general categories. Taxpayers offer no authority for this argument, and we find it without
merit....Nothing suggests that water purchases were encompassed in the phrase `any other commodity
or article used by the public'....Taxpayers argue that case law interpreting article 1175 indicates
otherwise....We disagree....The structure of the current Charter also indicates that Charter section
10 does not apply to water purchases....Charter section 11 clarifies the City's power to sell untreated
water. Along with other provisions in the original and 1938 Charters, it also indicates that when the
City intended Charter provisions to pertain to water, it expressly so provided in the Charter." Mayor
Rhodes noted that that wording was almost the same wording that City Attorney Bray and another
attorney (a leading water authority in the state) had used when discussing this issue.
As read by the Mayor, the court decision also said, "We will not imply a limitation on the
broad powers of a home rule city when a city charter does not expressly set forth one...Our
examination of Charter section 10 does not reveal a clear and compelling provision or intent requiring
voter approval of the City's long-term water purchase contracts, nor does a review of the structure
of the entire Charter indicate such a requirement. As such, we do not construe Charter section 10
as requiring that voters approve long-term water purchase contracts. Accordingly, we hold that
water supply contracts are not included in the scope of Charter section 10; therefore, the Charter does
not require voter approval to validate Supply Contract No. 4."
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Regular Council Meeting
July 18, 1995
Page 21
In conclusion, the court said, "In light of our construction of Charter section 10, we hold that
the judgment declaring Supply Contract No. 4 invalid is erroneous. In a declaratory judgment action,
this court has a duty `to render such judgment as the trial court should have rendered.'... We therefore
reverse the judgment of the trial court and render judgment declaring Supply Contract No. 4 to be
valid in all respects and sufficient to support issuance of bonds."
The Mayor went on to say that the issue facing the Council now is whether or not to have a
referendum; however, the court ruled that the city has a valid contract with LNRA and it would not
be feasible to have a referendum on the contract. She added that the city will have to seek voter
approval in order to build a conveyance system for the water supply.
Dr. McNichols said what is known is that ensuring an adequate water supply for the future
of this city is vitally important. He said much confusion and rhetoric has arisen around this issue, and
he asked staff to provide a summary of discussion and actions taken by the Council during the last
two years regarding the LNRA contract. Mayor Rhodes echoed Dr. McNichols' request.
Mr. Heldenfels referred to a resolution dated November 22, 1993, which says, "...authorizing
the City Manager to exercise the City of Corpus Christi's option to enter into a water delivery and
conveyance contract." He also quoted from page 6 of the LNRA contract, "project bonds mean
revenue bonds of LNRA..."
Mr. Heldenfels asked Mr. Bray if revenue bonds would have to be approved by the voters,
and Mr. Bray said they would not. Mr. Bray added that LNRA is not issuing bonds for the city
conveyance project; there are other bonds of its own that LNRA is going to issue. One of the options
the city has under the contract is that it could ask LNRA to do the funding for the city facilities, but
later discussion has concluded that general obligation bonds will more likely be used. Mr. Bray said
the only thing the city is pledging are utility system revenues; that is, if the city were to default on its
obligations under the contract, the other party could not look to city tax revenues, but could only sue
to be satisfied out of revenues of the utility system. However, he said this is like other situations
where the city has operated a proprietary fund—it can still use tax revenues to pay that debt if it wants
to, even though it could not be required to. He added that the city has done that on different
occasions. He said the provision of the LNRA contract referred to by Mr. Heldenfels does not
obligate ad valorem tax revenues.
Mr. Heldenfels said he agreed that the city needed a future water supply, but it was his belief
that state law says a city cannot use tax monies for this purpose, and he asked Mr. Bray to look at
it.
* * * * * * * * * * * * *
Mayor Rhodes called for Council concerns and reports, and there were none.
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Regular Council Meeting
July 18, 1995
Page 22
Mayor Rhodes called for petitions from the audience.
Mr. R.J. Herschbach quoted from the state water code, which he said superseded the City
Charter, and he said it indicated that when a city enters into a water contract with a district, it is
obligated to seek voter approval. Mr. Bray pointed out that that particular provision was thoroughly
briefed by the parties in the appellate case and the court held that the LNRA contract was valid.
Mr. Lewis Lovelace, 1549 Casa Grande, said that during a recent interview, Mayor Rhodes
was quoted as saying that the city could not build a pipeline without a referendum. He said the
LNRA contract called for revenue bonds which are not approved by the voters. He said that in May
1994 the Council approved a resolution supporting a referendum, and asked if one was going to be
held. The Mayor replied that she had explained why it would not be feasible to hold a referendum
on the LNRA contract, since it was declared valid by the court. She acknowledged that apparently
they were not going to agree on that issue.
Mr. R.F. Hasker, 1813 Wallace, also quoted from the LNRA contract (Sections 3.04 and
3.05) regarding the description of the City Project, including the City Facilities. He noted that the
contract also says, "The City Facilities and the City Project will be owned and operated by the City,
and the City will pay all expenses of operation and maintenance and any other expenses of any kind
associated with the City Facilities and the City Project." Mr. Hasker added that the Taxpayers
Association will appeal the Court of Appeal's decision.
Responding to Mr. Hasker, City Manager Garza said that the LNRA contract provides for
the purchase of water by the city, and in the event the city should ever have to move that water to
Corpus Christi, the contract provides for some safeguards to do so. He said the city is not limited
to those provisions.
Ms. Joanie Williams, 1546 Woodlawn, protested a topless bar to be built at 6425 South Padre
Island Drive. She presented a petition containing 80 signatures of citizens opposing the bar.
Responding to Mayor Rhodes, Ms. Williams said the zoning of the property is "B-4" General
Business District (which does allow bars). The Mayor said that is a frequent problem, but she said
she would have staff make sure that that business has the proper zoning. Ms. Williams asked what
the neighbors could do to change the zoning of that property. Mr. Bray replied that down zoning
would have to be conducted on general zoning principles and overall view, and if that particular lot
were spot zoned, it probably would not be upheld. He added that if the bar were already being
constructed, it would be "grandfathered" even if the zoning was changed. Ms. Williams said she
thought the owner of the building was in the process of repairing the roof on the existing structure.
Mr. Ovidio Garcia, 1617 Woodlawn, also appeared to protest the bar. He said the neighbors
would meet with their Council Member, Mrs. Cooper, to discuss the issue. Mrs. Cooper replied that
she had Mr. Harvey, Director of Planning, and Ms. Sue Corey, Zoning and Code Enforcement
Administrator, look into that situation and they concluded that there appeared to be nothing illegal.
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Regular Council Meeting
July 18, 1995
Page 23
Mr. Garcia emphasized that the bar disrupted the families who live nearby.
Ms. Shari Reyes, 1546 Woodlawn, said she has contacted the Texas Alcoholic Beverage
Commission regarding the bar, adding that she hoped the zoning could be changed. She said the
topless bar was a bad influence on the children living in the neighborhood. Mayor Rhodes said the
Council sympathized with her and the other neighbors' concerns.
Mr. Jimmie Till, 1265 Southern Minerals Road, said he favored a long-term water supply.
He referred to the presentation on Solid Waste Services, and asked how many acres were planned
for the new landfill. Group Manager Utter replied that there would be about 2,200 acres, and the
exact price has not been finalized. Mr. Till asked the price of the land the city bought across Oso
Creek from the Elliott Landfill, and Mr. Utter said he believed it was $1,875 per acre, adding that part
of the land included wetlands. Mr. Till said a thorough appraisal of the proposed landfill site be
conducted to get the fairest price for the land.
Mr. Garza said staff will try its best to keep the price of the new landfill site as low as it can,
adding that the purchase is very complicated. He said compared to the overall cost of the new
landfill, the cost of the land itself is minimal. Responding to a question from Mr. Heldenfels, Mr.
Bray said imminent domain would be an option but it would be hard to come to a price.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 5:40 p.m. on July 18, 1995.
* * * * * * * * * * * * *