HomeMy WebLinkAboutMinutes City Council - 08/08/1995I 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 August 8, 1995, which were approved by
the City Council on August 15, 1995.
WITNESSETH MY HAND AND SEAL, this 15th day of August, 1995.
ando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 8, 1995
2 p.m.
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
ABSENT
Dr. David McNichols
Deputy City Manager Bill Hennings
Assistant City Attorney Alison Gallaway
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty
Jean Longoria.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council and
the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the minutes of the regular Council meeting of July 25,
1995, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes presented certificates of honorary citizenship to the students of the Student
Exchange Program. The young people from the Sister Cities of Veracruz, Mexico; Yokosuka, Japan;
and Toledo, Spain came forward to accept their certificates and best wishes from the Mayor.
The Mayor then asked Mr. Ralph Sherman, Manager of the Household Hazardous Waste
program, to recognize the community volunteers who have donated 400 man-hours during three
collection events held, which resulted in a savings to the city of over $40,000. Mayor Rhodes gave
out plaques to the following volunteers: Mr. Owen Smith -Barry, Interstate Batteries; Mr. Mike Ellis,
Gibson Recycling; Mr. Phil Minns, Texas Ecologists; Mr. Tom Sigardson, Briner Paint Company; and
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Regular Council Meeting
August 8, 1995
Page 2
Mr. Homer Hines, Southwest Environmental Services.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, a presentation on airport entrance exhibits.
Mr. Bert Beecroft, Chairman of the Airport Advisory Board, said one of the goals of that
board is to improve the entrance to Corpus Christi International Airport by showing representations
of the area's different entities, such as the Texas State Aquarium, the medical community, military
community, etc. He added that other improvements to the airport's entrance will include light poles
and curbs and gutters. The first organization to prepare an exhibit will be the Mine Warfare
Command, which will install a "mine park." Capt. Ronnie Mierhoff, who spoke on behalf of Rear
Admiral John D. Pearson, explained how the Mine Warfare Command will continue to increase over
the next few years. He also described plans for the mine park.
Responding to questions from Mayor Rhodes, Mr. Beecroft said the exhibit will include an
area where families can park their cars and get out to view the exhibits up close.
Council Member Cooper commended the project, saying it will be a positive addition to the
airport.
In reply to Council Members' questions, Mr. Beecroft said the entrance's curbs and gutters
should be built in 1997. Mr. George Hext, Director of Aviation, said he is hoping there will not be
any changes in governmental funding for airport improvement projects, adding that the contract for
the airport automatic teller machine will be considered by the Council very soon. Mr. Beecroft said
the other entrance exhibits should be completed in two to three years.
Mayor Rhodes made a motion, seconded by Council Member Betty Jean Longoria, to
reconfirm the Council's commitment to the airport entrance exhibits project, and she directed staff
to facilitate the project's completion. The motion passed unanimously.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, hurricane preparedness program.
Police Chief Henry Garrett first introduced Mr. Pat McMacken, Assistant Coordinator of
Emergency Management, and Fire Chief J.J. Adame. In his presentation, Chief Garrett used an
overhead projector and maps to discuss several elements of hurricane preparedness. He said actions
prior to hurricane season include an awareness campaign and a review of the disaster plan; and
actions during hurricane season include tracking storms and hurricanes in the Atlantic, Caribbean and
Gulf of Mexico and a continual review and update of procedures.
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Regular Council Meeting
August 8, 1995
Page 3
Chief Garrett described hurricane conditions from No. 5 to No. 1 (with No. 1 being issued
when hurricane landfall is predicted in 12 hours or less), and hurricane categories from one (least
severe) to five (most severe). The Police Chief also recounted what actions are taken when a
hurricane enters the Gulf of Mexico, as well as actions prior to and following hurricane landfall. He
used a map to illustrate the city's evacuation zones and evacuation routes, which he briefly discussed.
Chief Garrett emphasized that during an emergency there would always be at least two north-
bound lanes open on IH -37, and as soon as construction is completed, there will be three north -bound
lanes. Additionally, he and other emergency planners recommend evacuating the city --particularly
North Beach and Padre and Mustang Islands --if hurricane landfall is imminent.
Responding to Council Members' questions, Chief Garrett said that to prevent looting and
to secure homes of people who evacuate, all Corpus Christi police officers will be working 12 -hour
shifts and will conduct strict patrols.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, street closings for the Bob Marley Festival.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
M95-219
Motion approving the application from the Food Bank of Corpus Christi, to close the
following street sections for the Bob Marley Festival September 2-4, 1995:
a. Northbound/southbound Shoreline Boulevard (east and west legs) between Resaca
and Palo Alto Streets from 6:00 a.m., Saturday, September 2, 1995 through 9:00
a.m., Monday, September 4, 1995;
b. Fitzgerald Street between Water Street and Shoreline Boulevard from 6:00 a.m.,
Saturday, September 2, 1995 through 9:00 a.m., Monday, September 4, 1995.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 6, a public hearing on the proposed Phase II
annexation of the City's 1995 Annexation Program, annexing 14,408 acres of land comprised of eight
tracts: Cl, C2, C3, C4, C5, C6, D2, and D4, generally located along the south central edge of the city
limits.
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Regular Council Meeting
August 8, 1995
Page 4
Mr. Tom Utter, Group Manager of Development Services, noted that a public hearing on
Phase II of the annexation program was held during the Planning Commission meeting on July 26,
1995. During the Council meeting of August 8, the Council was not going to take action but merely
hold the public hearing; the first reading of the ordinance for Phase II is scheduled for the August 29,
1995 Council meeting, with the second reading on September 12, 1995.
Mr. Utter briefly described the area being considered for annexation, which he said is
predominantly agricultural in nature, although there are some areas of development, such as the old
Cuddihy Field (primarily industrial), the People's Baptist Church, Johnnyland, and Memory Gardens.
Mr. Brandol Harvey, Director of Planning and Development, and Mr. Guillermo Pulido, City
Planner, used maps and slides to further describe the eight tracts contained in Phase II. He noted that
one of the goals of annexation is to annex land prior to any development, so that as development
occurs it meets city building and zoning codes. If an area is annexed after it has been developed, then
that development is allowed to remain through "grandfathering" (unless a health risk is present).
Responding to Council Member Martin, Deputy City Manager Hennings said that the city
owns approximately 346 acres in Tract D4, which consists of a total of 1,357 acres, more or less.
In addition, there was a brief discussion about the location of the Starry Gun Club.
Mayor Rhodes called for comments from the audience.
Mr. Hal George, an attorney representing Tennessee Pipeline Construction Inc., which owns
the old Cuddihy Field property in Tract C2, addressed the Council. He said the property has been
used primarily for pipeline construction business for many years, and he urged the Council to concur
with the Planning Commission's recommendation that Tract C2 be deleted from this annexation
proposal. He described how this property is not located in a growth area and there is no need for
annexation. Mr. George said that a common aspect in the city's annexation goals concerns growth
and development, and he predicted that it would take another 30 years before development occurred
in that tract. He also questioned the revenue/cost benefits of annexing Tract C2, and expressed
concern about how the proposed drainage fee would affect Tennessee Pipeline.
Mr. Clyde Jackson, 1225 3rd St., an attorney speaking on behalf of People's Baptist Church,
located in Tract C2, said the church owns approximately 500 acres at Old Brownsville Road and Oso
Creek, across from Memorial Gardens. He noted that most of the property is tax exempt since it is
church -owned, although there is some taxation on the property used agriculturally. He also urged
the Council to delete Tract C2 from the annexation proposal.
Mr. Ralph Hall, 6826 Anna, an attorney representing the Corpus Christi Pistol and Rifle Club,
which is a recreational shooting facility located in Tract C2 on 67 acres lying in and along the north
bank of Oso Creek, echoed the other speakers' comments that Tract C2 will not be developed in the
near future and should not be annexed at this time. He described the club's purpose and membership,
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Regular Council Meeting
August 8, 1995
Page 5
referring to a handout that was given to the Council. Mr. Hall said if Tract C2 were annexed, the
club would not be allowed to operate at this location in the city limits.
Mr. Dan McDonough, Box 595, Agua Dulce, said he owns property that was annexed by the
city about 30 years ago and he has yet to receive certain city services. He objected to the annexation
proposal.
Pastor Wiley Cameron, of People's Baptist Church, said the church's ministry provides free
rehabilitative services to people which equates to a savings to the city of about $1 million per year.
He said if the church's property was annexed, it would make it almost impossible to continue their
current ministry.
Referring to comments the speakers made about Tract C2, Mr. Utter said the property owned
by Tennessee Pipeline is located only about one mile from the city limits, not eight miles as Mr.
George had said. Mr. Utter noted that that property receives water from the city, and annexation
would be appropriate there because the property currently contains a mix of residential and industrial
uses. He said staff discussed with Mr. George the possibility of granting an industrial district contract
to Tennessee Pipeline.
Mr. Utter also said that annexation does not guarantee that an area will receive water, sewer
or curbs and gutters; those are typically provided by the developer. Annexation does allow a property
owner the opportunity to participate in providing those services. He pointed out that water and
sewer services are fee services --they are not paid for by taxes but rather through fees.
Regarding concerns raised by representatives of People's Baptist Church, Mr. Utter said there
are many churches located within the city limits which do receive water from the city. Other
developments in Tract C2 include the C.C. Pistol and Rifle Club and Johnnyland, which Mr. Utter
said receives water from the city without benefit of a water contract with the city. He said there are
also several excavation pits in that tract. He reiterated that the gun club would be considered a
"grandfathered" use and would be allowed to continue operating, adding that staff views the areas
in Tracts C1 and C2 that reach down to the Oso Creek as potential growth areas.
Mayor Rhodes said one speaker had commented that the city was attempting to "leap -frog"
over developed areas in order to annex undeveloped areas. Mr. Utter replied that "leap -frogging"
was not occurring; rather, the annexation proposal involved area from the city limits directly to the
south, and annexation cannot occur unless property is contiguous to the city. In response to another
question from the Mayor, Mr. Utter said that companies that have not been annexed but are currently
receiving water from the city do pay outside city limits (OCL) water rates.
Responding to Council Member Cooper, Mr. Utter said the C.C. Pistol and Rifle Club is
located in Tract C2 and is not near the Greenfields by the Bay subdivision, which is in the city limits
and located near Tract D2.
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Regular Council Meeting
August 8, 1995
Page 6
Council Member Martin expressed concern about the response time for Fire Department
vehicles if Tract C2 was annexed, and asked if another fire station would have to be built to serve that
area, which is currently sparsely populated. Mr. Harvey replied that staff considers an entire service
area and response times to meet the criteria established by the Fire Department. A brief discussion
ensued, and Mr. Martin requested a written analysis on this issue.
Mr. Martin commented that there will always be development outside the city limits for the
specific purpose of being located outside the city. He questioned the reason for the proposed
annexation of the properties being discussed. Mr. Utter agreed that there are many reasons why
people would want to develop property outside the city limits; however, sooner or later annexation
will occur to ensure orderly development. Mr. Martin said that in the past, annexation took place
to deal with problems that had occurred in different areas, such as Rodd Field Village. Mr. Utter
reiterated that annexation does address current or potential problems, and it also establishes
adherence to city building and zoning codes.
Mr. Dick Mitchell, Rt. 3, Box 480, said he has lived on property near FM 2292 (Clarkwood
South Road) for 20 years and there are now two fewer houses than when he first moved in. He urged
the Council to delete Tract CI from the annexation proposal.
Mr. Bennie Gallagher stated that he lives two miles southwest of Clarkwood in Tract C 1. In
response to a question from Mr. Gallagher, Mr. Utter stated that the city's and the county's flood
plain management ordinances are very similar and they have to be approved by the Federal
Emergency Management Administration. Mr. Gallagher also asked why the land north of Highway
44 from Clarkwood was not included in the annexation proposal.
Mr. Finley Edmonds, an attomey representing Mr. W.M. Bevly and his family and estate, said
the Bevlys own approximately 752 acres of agricultural land located in Tract Cl. He said the Bevlys
oppose annexing Tract Cl.
Ms. Ann Middour, 1527 Lea Lane, said her family has owned land in Tract Cl since 1845.
She said she and the other property owners already pay enough taxes on their land and they do not
want to have to pay city taxes as well. She emphasized that this area is not favorable for annexation.
She presented a petition containing several names of people objecting to the annexation.
Ms. Carol I. Kilgore, 9025 Agnes, said her family came to Clarkwood to farm in 1912 and
she has been living there for 71 years. She described how Clarkwood used to be a viable community
but it no longer is. She said problems exist in the areas there that are already annexed by the city,
including inadequate wastewater service, and she and the other farmers should not have to bear the
burden of city taxes on annexed farm land.
Mr. Jimmie Till, 1265 Southern Minerals Rd., said he lives in an area that was annexed
approximately 30 years ago, and only about five percent of it has been developed since that time. He
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Regular Council Meeting
August 8, 1995
Page 7
echoed Mr. Martin's comments that there will always be development outside the city limits. He
went on to describe the reasons why he opposed this annexation.
Mr. Dan McDonough said Tract C1 is located in the West Oso School District and he
questioned whether there would be any significant development there. He said the city wants to
annex that area in order to increase its tax base.
Mr. Pat McDonough said the U.S. government had provided the water line to Cuddihy Field.
He also commented about the San Juan and San Carlos areas, and Mr. Utter said the city used city
funds to improve those areas which were both annexed. Mr. McDonough objected to this proposed
annexation.
Ms. Marion Hendricks said she lives in Tract CI very near the city limits sign. She said if the
city makes the farmers there pay city taxes, they will not be able to continue farming.
In response to comments about annexing Tract C 1, Mr. Utter said annexation of that tract
was called for in the Port/Airport/Violet Development Plan, and he referred to a map illustrating that
policy. He said once an area is annexed, the city would be responsible for maintaining the roads. He
also commented how annexation such as this allows Texas cities to continue to be revitalized, even
though people living outside the city limits may not want to be annexed.
Mayor Rhodes questioned the purpose of annexing Tract CI, the vast majority of which is
farm land. In reply, Mr. Utter quoted Policy Statement C.1 of the Port/Airport/Violet Development
Plan, which stated in part that annexing Tract CI would "ensure development compatible with long-
term airport expansion plans" and which would allow for the creation of a "holding zone...which
would prevent isolated, inappropriate, or premature uses...."
Referring to previous comments, Mr. Martin said money was not the city's motivation in
annexing Tract Cl; in fact, the total tax revenue for that tract would be about $20,000 a year, but the
city would spend five times that amount because it would have to assume maintenance of the roads
previously maintained by Nueces County. He pointed out that counties do not have the kinds of
controls that cities have that would prevent certain obnoxious uses of land. However, he said one
of his objections to this annexation proposal will be that the people do not want to be annexed, and
it will create a burden on them.
In response to Council Member Heldenfels, Mr. Utter said most of the people who were
addressing this issue had previously testified before the Planning Commission, and it is possible that
their comments prompted the Planning Commission to recommend deleting Tracts C 1 and C2 from
the annexation proposal.
Council Member Betty Jean Longoria pointed out that the Planning Commission and the City
Council, by their nature, may approach issues differently which may result in diverse actions taken
Minutes
Regular Council Meeting
August 8, 1995
Page 8
by the two entities. Referring to a comment made by Ms. Kilgore, Mrs. Longoria said the reason
Clarkwood Elementary School was closed was because it would have been more expensive to
renovate its facilities than to move the children to Tuloso-Midway Elementary.
In reply to Mr. Martin, Mr. Utter said staff anticipates the area around the Corpus Christi
International Airport to develop industrially, and the development plan called for the control of such
development to prevent incompatible uses. He said the long-term plan for the airport is for it to
expand to the southwest with new runways, and although the area closer to Oso Creek would not be
affected by airport flight patterns, it should consist of uses that are compatible with typical airport
zoning, which would not include residential use. A discussion ensued about the possible development
of Tract Cl.
Mayor Rhodes pointed out that it is not the staff's job to agree with either the Planning
Commission or the City Council; rather, it is the staff's responsibility to bring their best professional
recommendation and let the Council make the final determination.
Mr. Dan McDonough said there already exists several acres of farm land around the airport
for expansion and as a buffer zone. He said people should be justly compensated when their land is
purchased by the city.
Mr. Leonard Elzner, 4021 Redwood, spoke on behalf of a family that has owned property for
over 70 years in Tract C5, which is bounded by the Elliott Landfill, Oso Creek and Chapman Ranch
Road. He said in the last 10 years the city has condemned 155 acres for the landfill and 1.5 acres for
a drainage ditch; in addition, the state has condemned 25 acres for the extension of Crosstown
Expressway. He said both of the land owners in that tract would like to have their properties
removed from consideration for annexation.
In reply to Mr. Martin, Mr. Utter said the area in Tract C5 that is north of Oso Creek is
adjacent to the landfill. Mr. Hennings said the city did not buy the land closest to Cabaniss Field
because there was not enough money to buy it all; the Crosstown extension is now a factor and there
is less potential for purchase, but that is a possibility. Mr. Utter then described the land the city owns
in that area.
Mr. Gary Marrow said he owns property at 7701 Weber Road, located in Tract C6, which
he opposed being annexed since he did not feel that city services would benefit him.
Mr. David Sans said his property was located at Route 3, Box 312C in Tract C6. He also
opposed the annexation of that tract, adding that the closest fire hydrant to his property is about two
miles away. Referring to a comment by Mr. Sans, Mr. Utter said the city has an ordinance which
prohibits the discharge of weapons other than at a gun club. He added that it is the choice of any
developer whether or not to extend water lines of suitable size to their property to allow for the
installation of a fire hydrant.
-r
Minutes
Regular Council Meeting
August 8, 1995
Page 9
Ms. Mary Beth Nelson, 2721 Erie Drive, President of the Neighborhood Association of
Greenfields by the Bay and Victoria Park, spoke in favor of the proposed annexation of Tract D2,
which is located across the street from Ella Barnes Elementary School and behind those subdivisions.
She said that area consists of wetlands and is being used as hunting leases, and the residents are
greatly concerned for their safety. Ms. Nelson added that the land is privately owned and city police
cannot enforce the prohibitions against hunting there.
Mr. Leonard Avant, 8030 Yorktown, said he thought annexation would be inevitable in Tract
D2 where he owns property, but at this point it is too soon.
Responding to Council Member Best, Mr. Utter said the regulations concerning properties
in the city's extraterritorial jurisdiction (ETJ) only require that property be platted, it does not give
the city any real control over the uses of the property. He said there is concern about potential
incompatible uses in Tracts Cl and C2.
Mr. Utter added that the reason the city wants to annex Tracts C4 and C5 is because Tract
C4 was "left out" of previous annexations, and if Tract C5 (over half of which the city currently
owns) was annexed and C4 was not, then C4 would be surrounded by annexed property.
Dr. Best made a motion to close the public hearing, seconded by Mr. Martin, and passed
unanimously.
Mr. Martin asked if there has been an attempt by cities to enhance their authority in ETJ to
deal with properties' usage, and Mr. Utter replied that there has been but it has been unsuccessful.
Council Member John Longoria asked if the city was liable for potential environmental
hazards in Tract C3 if it was annexed, and Mr. Utter said it would not be liable. However, the
presence of those chemical and toxic waste companies located there warrants the annexation of that
tract in order to regulate any discharges into Oso Creek.
* * * * * * * * * * * * *
Mayor Rhodes called for a 10 -minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
7. Case No. 695-8, Paul Chavez: A change of zoning from "B-1" Neighborhood Business
District to "B-4" General Business District on Mahan Acres, Block 2, Lot 17 and south 25
feet of Lot 16, located on the east side of Kostoryz Road at Manshiem Boulevard.
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Regular Council Meeting
August 8, 1995
Page 10
Mayor Rhodes said 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 Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022308
Amending the Zoning Ordinance upon application by Paul Chavez, by changing the Zoning
Map in reference to Mahan Acres, Block 2, Lot 17 and south 25 feet of Lot 16 from "B-1"
Neighborhood Business 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, and B. Longoria voting "Aye"; J. Longoria, Martin,
and McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
8. Case No. 695-9, Zelda A. Maldonado: A change of zoning from "R -1B" One -family
Dwelling District to `B-1" Neighborhood Business District on Alameda Park, Block 6, Lot
28, located on the east side of Everhart Road, between Meridian and Pompano Places.
Mayor Rhodes said 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 Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022309
Amending the Zoning Ordinance upon application by Zelda A. Maldonado by changing the
Zoning Map in reference to Alameda Park, Block 6, Lot 28, from "R -1B" One -family
Dwelling District to `B-1" Neighborhood Business District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, and B. Longoria voting "Aye"; J. Longoria, Martin,
and McNichols absent.
Minutes
Regular Council Meeting
August 8, 1995
Page 11
Mayor Rhodes opened the public hearing on the following zoning case:
9. Case No. 695-10, Nasser Farahnakian: A change of zoning from `13-1" Neighborhood
Business District to `B-4" General Business District on Surrey Unit 1, Block 25, Lot 3,
located along the east side of Kostoryz Road and along the north side of Tiger Lane.
Mayor Rhodes said the Planning Commission and staff recommended denial. Mr. Harvey
used a video to show the existing land uses around the subject property. He said the adopted land
use plan calls for the existing zoning to remain in place and that the frontages along Kostoryz Road
be neighborhood commercial, and the properties behind it remain residential. In addition, property
zoned general commercial to the south should remain that way.
Mr. Harvey said the applicant indicated that he wanted to operate a used auto sales lot, but
he had not submitted a site plan; staff and the Planning Commission had recommended that the
existing zoning of "8-1" be retained. Mr. Harvey reiterated that there was some vacant "B-4"
property available just to the south of the subject property.
Mr. Nasser Farahnakian, the applicant, said he had a site plan he wished to show the staff.
In response to Mayor Rhodes, Mr. Harvey said Mr. Farahnakian had attended the Planning
Commission meeting when his zoning case was discussed. The Mayor expressed concern that Mr.
Farahnakian had a language barrier and was not able to fully communicate with staff. She suggested
the item be tabled until this case could be further discussed with Mr. Farahnakian.
Mr. Harvey said it would be the Council's prerogative whether or not to send this case back
to the Planning Commission. If the Council wanted to consider and grant a special permit, it would
require a majority vote plus one in order to override the Planning Commission's recommendation of
denial. Mayor Rhodes asked staff to meet with the applicant again, and if staff is opposed to his
plans, then they should bring the case back to the Council. If staff felt there was a possibility of a
special permit, they should take it back to the Planning Commission.
POSTPONED
Council Member Martin said he supported the recommendation on this case. He referred to
the previous two zoning cases during the meeting and others in the past, and questioned whether
additional zoning uses should be considered. Mr. Harvey acknowledged that zoning situations have
changed over the years, particularly regarding "8-1" and `B-4" uses, and possibly a new category
could be considered.
Minutes
Regular Council Meeting
August 8, 1995
Page 12
Council Member John Longoria asked about restrictions regarding sexually oriented
businesses, and Mr. Harvey said the city has very narrow restrictions about controlling those
businesses through zoning, but staff is looking into regulating them through licensing and other ways.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 10 through 26, and Council Members requested that
Items 10, 14, 18 and 19 be withheld for discussion.
City Secretary Chaps polled the Council for their votes and the following were passed:
11. M95-221
Motion approving the purchase of an x-ray machine with accessories from A&V X -Ray
Supply, Corpus Christi, Texas for the amount of $23,876.45 based on low bid. This
equipment will be used by the Health Department in the Tuberculosis Control Services Clinic.
Funding is from a grant from the Texas Department of Health.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
12. M95-222
Motion approving the procurement of mainframe laser printers in accordance with Bid
Invitation No. BI -0103-95 from IBM Corporation, Corpus Christi, based on low bid of
$457,786. Procurement includes a five year operating lease of one Medium Volume (58
pages per minute) and one Low Volume (35 pages per minute) printers, including
maintenance and usage charges; a five year supply agreement for supplies such as developer,
toner and fuser; purchase of software; forms conversion; training; and trade-in of old
equipment. Funds for the first year of the contract are requested in the FY 95-96 budget and
will be requested for subsequent fiscal years. The first year payment will be $140,253.20,
which includes the one time payment for software, programming, and training. Subsequent
annual payments are $79,383.20.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
13. M95-230
Motion approving a supply agreement for laboratory supplies consisting of various chemicals
and supplies in accordance with Bid Invitation No. BI -0187-95 with Fisher Scientific, Inc.,
Minutes
Regular Council Meeting
August 8, 1995
Page 13
Houston, Texas based on low bid for an estimated annual expenditure of $24,683.76. The
term of the supply agreement will be twelve months with option to extend for up to an
additional twelve months subject to the approval of the supplier and the City Manager or his
designee. These items will be used by the Water and Health Departments for laboratory
analysis and funds have been budgeted for FY 95-96.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
15. M95-225
Motion authorizing the City Manager or his designee to execute a one-year agreement for
services with the Harbor Playhouse, Inc.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
16. M95-226
Motion authorizing the City Manager or the Chief of Police to execute an agreement with the
Housing Authority of Corpus Christi to provide supplemental police services to the Housing
Authority of Corpus Christi facilities.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
17. M95-227
Motion approving Amendment No. 9 to the contract for engineering services with Russell-
Veteto Engineering, Inc. in the amount of $29,665 for additional services associated with the
construction phase of ten (10) Airfield Improvement Projects at the Corpus Christi
International Airport (CCIA).
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
20. ORDINANCE NO. 022310
Ordinance appropriating $15,205 from the Corporation for National and Community Service
for the Senior Companion Program; amending Ordinance 022279, which adopted the FY
1995-96 budget by adding $15,205 to the federal/state grants Fund No. 162.
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Regular Council Meeting
August 8, 1995
Page 14
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye";
McNichols absent.
21.a. ORDINANCE NO. 022311
Ordinance authorizing the City Manager or his designee to execute a one-year lease with the
Nueces County Community Action Agency for Lots 3, 4, 71, and 72 and the south 60 feet
of Lots 1 and 2, Block 10, Steel's Addition at the intersection of Harmon Street and Morris
Avenue for construction of a parking lot for the Los Pequenos Head Start Center in
consideration of $1.00 per year and construction of the parking lot.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye";
McNichols absent.
21.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 10 -year lease with the Nueces
County Community Action Agency for Lots 3, 4, 71, and 72 and the south 60 feet of Lots
1 and 2, Block 10, Steel's Addition at the intersection of Harmon Street and Morris Avenue
for construction of a parking lot for the Los Pequenos Head Start Center in consideration of
$1.00 per year and construction of the parking lot.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
22. FIRST READING ORDINANCE
Closing and abandoning a 1,023 square foot portion of a 10 -foot wide utility easement
situated between Lot 17 and 18, Block 20, Ports of Call Subdivision; subject to compliance
with specified conditions and the replatting the property within 180 days.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
23. FIRST READING ORDINANCE
Amending the Code of Ordinances, Oil and Gas, Section 35-80, Insurance and Bonds, to
require that well permittees' "letters of credit" be from banks in Corpus Christi, Texas; to
authorize the cashing of sureties if replacement sureties are not provided by successor well
operators within 30 days of ownership transfers; and to require bonding companies to redeem
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Regular Council Meeting
August 8, 1995
Page 15
bonds when the city encounters the obligation to expend funds to implement the City Code.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
24. ORDINANCE NO. 022312
Closing and abandoning a 6,660 square foot portion of a 10 -foot wide utility easement within
Lots 7-C, and 11-C, Block 10, Gardendale Unit 1; subject to the compliance with the
specified conditions and replatting the property within 180 days.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols
absent.
25. ORDINANCE NO. 022313
Closing and abandoning a 78 square foot portion of a 10 -foot wide utility easement within
Lot 20, Block 1, Willowick Place; subject to the compliance with the specified conditions and
replatting the property within 180 days.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols
absent.
26. ORDINANCE NO. 022314
Closing and abandoning a 975 square foot portion of a 10 -foot wide utility easement within
Lots 5 and 6, Block 1, Reflections Unit 4B; subject to the compliance with the specified
conditions and replatting the property within 180 days.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols
absent.
t# 4 t i 4 i# t# i t i
Mayor Rhodes opened discussion on Item 10, ballistics comparison microscope.
Council Member Best said he supported this purchase, and asked Police Chief Garrett to
provide a report in approximately six months. The Chief said this microscope would enhance the
Police Department's efforts.
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Regular Council Meeting
August 8, 1995
Page 16
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
10. M95-220
Motion approving the purchase of a ballistics comparison microscope in accordance with Bid
Invitation No. BI -0288-95 from Leica, Inc., Deerfield , IL on the basis of only bid of $3 5,114.
The microscope will be used by the Police Department and will be paid from the Law
Enforcement Trust Fund.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 14.a. and 14.b., landfill liner improvements.
Council Member Martin asked what was budgeted for this item, and Group Manager Utter
said it was about $1.3 million. Deputy City Manager Hennings said an additional $151,000 was
transferred from other places in the Solid Waste Services budget to meet the $1,451,000 of the low
bid. He added that the additional $151,000 would not be taken out of the reserve appropriation or
the ending fund balance. Mr. Utter said the original budget amounts were estimates. Mr. Martin said
the agenda items should include what the original estimates were as well as the actual costs.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
14.a. M95-223
Motion awarding a construction contract in the amount of $1,279,620 to Galin Corporation
for the J.C. Elliott Landfill Expansion Sector 5 Liner improvements.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
14.b. M95-224
Motion awarding a professional services agreement in the amount of $39,384 to Trinity
Engineering Testing Corporation for Quality Control Testing and Soil and Liner Evaluation
Report/Flexible Membrane Liner Evaluation Report documentation for the J. C. Elliott
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Regular Council Meeting
August 8, 1995
Page 17
Landfill Expansion Sector 5 Liner Improvements.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 18, Water Distribution System update.
Responding to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering
Services, said staff would not consider hiring a firm for this project that was not highly qualified. Mr.
Martin asked if part of the criteria used to select the firm will be the relative amount of participation
that local firms will have, and Mr. Shackelford said that is the staff's intention.
Deputy City Manager Hennings added that there is some question regarding the law about
what the city is empowered to do in terms of local preference in selection of engineers and architects.
He said staff would brief the Council about an Attorney General's opinion regarding this subject.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
18. M95-228
Motion authorizing a Request for Proposals from consultants for professional services
necessary to carry out the Water Distribution System Master Plan Update with local
participation to be not less than 35 percent.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 19, contract for wastewater improvements.
Responding to Council Member Martin, Mr. Hennings said that Cheyenne Paving Inc., the
company that was originally awarded the contract for the water and wastewater system improvements
at Texas A&M University -Corpus Christi, had provided performance and payment bonds which staff
realized later (on July 24, 1995) were invalid.
Mr. Carl Crull, Group Manager for Public Works and Utilities, said the bid bond is only valid
until the contract is signed; its purpose is to ensure that the low bidder will sign the contract. Once
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Regular Council Meeting
August 8, 1995
Page 18
the contract is signed and the company provides the performance and payment bonds, then the city
releases the bid bond and relies on the performance and payment bonds for 100% of the value of the
project. Mr. Crull said that in this case, apparently there were fraudulent signatures which invalidated
the bonds. In response to Mr. Martin, Mr. Crull said the city is pursuing this issue legally.
Mr. Martin questioned why Cheyenne Paving should have the right to decide which company
should now receive the contract. Mr. Crull replied that staff is trying to get the project completed
in the most expeditious manner, and Larson Plumbing and Utility Company has indicated that it can
provide the bonds in a short period of time. In addition, Larson has agreed to abide by all the terms
and conditions the city has imposed regarding joint checks for payment and other terms.
Responding to other questions from Mr. Martin, Mr. Michael Scanlon, Assistant City
Attorney, said the mechanism of the assignment of the contract from Cheyenne to Larson does two
things: the contract with Cheyenne stays in force, making them legally responsible; and Larson is
subject to the city's terms, subject to their own performance bond. He added that Cheyenne does not
have any recourse against the city; rather, the city has recourse against them. Mr. Scanlon said it was
his understanding that Cheyenne proposed using Larson, and staff evaluated Larson and concluded
that they would be able to complete the project. Mr. Martin asked if the city had any obligation to
open bids to other companies, and Mr. Scanlon said it did not.
Mr. Crull pointed out that in the future, staff will call the home office of the bond company
to receive fax verification of the bonds, rather than relying on signatures.
Council Member Heldenfels said that five years ago his father's company lost $21,000 when
the bonding company for a project on which it was a subcontractor turned out to be fraudulent. Mr.
Heldenfels said he was told by another member of the city staff that certain procedures would be
implemented to prevent this from happening again. Mr. Crull said that at that time the city was
accepting facsimile signatures on powers of attorney. Mr. Heldenfels disagreed with Mr. Crull, and
said he was angry that this situation reoccurred.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
19. M95-229
Motion authorizing the City Manager to execute the consent to assignment by Cheyenne
Paving, Inc. ("Cheyenne") to Larson Plumbing and Utility Company ("Larson") of
Cheyenne's interest under the Texas A&M University - Corpus Christi Water and Wastewater
System Improvements Contract (the "Contract") (Originally awarded to Cheyenne on March
14, 1995).
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Regular Council Meeting
August 8, 1995
Page 19
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Hennings said the new proposal
regarding the hike and bike trail on Ocean Drive will be considered by the Transportation Advisory
Committee on August 21, 1995. If there is general agreement, the item will be brought to the Council
on August 29, 1995. Also, the city has tentatively reached agreement on the purchase of the future
landfill site. Staff will brief the Council about the real estate aspects during a closed session at next
week's meeting, and will schedule the matter for the August 29 Council meeting. Mr. Hennings said
that next week there will be a workshop on the capital improvement projects. And Mr. Scott
Roberts, the greens keeper at the golf course, passed away suddenly and the city sends its
condolences to his wife and children.
Mayor Rhodes called for Council concerns and reports.
Council Member Martin questioned whether the agenda for the August 29 meeting was too
long and complicated, and Mr. Hennings said the scheduling may need to be changed. Mr. Martin
then asked about a recent administrative order the city received from the Environmental Protection
Agency (EPA) for overflows in the city's wastewater collection system. Mr. Crull said staff visited
with the EPA case officer about the city's response to the administrative order, and the officer said
he would review the city's information.
Mr. Martin went on to say that he has totally supported the purchase of a future water supply;
however, the city now seems to be in the midst of a "battle" of engineers who are debating a great
amount of data concerning the water issue, including the cost of desalination. He said it is the
Council's responsibility to come to an informed vote on this issue, which can be difficult in light of
the conflicting data that has been presented. He questioned whether a neutral consultant should be
hired to decipher the data and present an honest comparison.
Mayor Rhodes said she met recently with the chairman of an organization that produced a
brochure about sea water desalination, and she invited the whole group to sit down with the city's
engineering consultant and city staff to discuss this issue. She said they chose instead to release their
brochure to the media and the public rather than meet with staff. She emphasized that she is still
willing to have all the parties meet to address this. The Mayor said this issue is too important to this
community for people to be utilizing it for political purposes, and it is something that everyone should
be working on together. She agreed with Mr. Martin that the city may have to bring in a third group
to evaluate all the data, and she asked staff to suggest a course of action.
Council Member John Longoria referred to upcoming neighborhood meetings about the
proposed drainage utility, and Mr. Hennings said staff could present information about the utility,
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Regular Council Meeting
August 8, 1995
Page 20
even though the Council has not adopted the final charges.
Council Member Heldenfels said he has heard comments from citizens that the city is trying
to raise too much money with the drainage utility. He also suggested that an appropriate third party
in the evaluation of future water supply data might be one of the universities which has a department
specializing in this subject.
Council Member Cooper said the Neighborhood Task Force is making progress on how to
form a neighborhood association, and she and others will be traveling to a Neighborhood
Development Center in San Jose to receive more information. She also announced a town hall
meeting on Monday, August 14, 1995 at 6 p.m. at the Alternative High School.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. Jimmie Till, 1265 Southern Minerals Road, questioned the use of reformulated gasoline
and questioned the annexation of some of the tracts near the airport. He also urged the city to fairly
compensate people for their property.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:40 p.m. on August 8, 1995.
* * * * * * * * * * * * *