HomeMy WebLinkAboutMinutes City Council - 09/26/1995I 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 September 26, 1995, which were approved
by the City Council on October 10, 1995.
WITNESSETH MY HAND AND SEAL, this 10th day of October, 1995
aundra Koenning
Assistant City Secretary
SEAL
MILKUTkLlwi t.
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
MINT JTF,S
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 26, 1995
2 p.m.
City Manager Juan Garza
City Attorney James R. Bray, Jr.
Assistant City Secretary Saundra Koenning
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Father Richard Speer, St. Andrews Episcopal Church,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member Betty Jean Longoria.
Assistant City Secretary Koenning 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
September 19, 1995, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes recessed the regular Council meeting to conduct the meeting of the Workforce
Development Executive Committee.
The Mayor reconvened the Council meeting.
* * * * * * * * * * * * *
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointments were made:
Minutes
Regular Council Meeting
September 26, 1995
Page 2
Animal Control Advisory Cornrmttee
Drew M. Reining
Nueces County Community Action Agency
Mayor Mary Rhodes - Represented by Sonya Kay Lee
Betty Jean Longoria - Represented by Victor Gonzalez
John Longoria - Represented by Marisella Perez
Municipal Arts Commission
Joseph Wilson (Reappointed)
Van Phan Villa (Reappointed)
Linda Eshom (Reappointed)
George Dunson (Reappointed)
Jeff Kean
Angelina Rodriguez
Museum of Science & History
Alda Klett (Reappointed)
Gwen Henzi (Reappointed)
Delbert Hooper (Reappointed)
Dr. Henry Brennecke
Tony Diaz
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, an update on the Neighborhood Association
Task Force. Ms. Mary Beth Nelson, President of the Greenfields By the Bay and Victoria Park
Neighborhood Association and a member of the Mayor's Neighborhood Association Task Force,
gave a presentation on the task force's work thus far. She said the task force members propose to
establish a city-wide Council of Neighborhood Associations and to produce a manual on how to
form neighborhood associations.
She said the formation of a Council of Neighborhood Associations will not only develop a
more aware and informed public, but it will also promote a more productive method for residents
to convey their needs to Council members and staff, generating an atmosphere of partnership instead
of adversity. Ms. Nelson, who used a map to indicate the neighborhood associations which are
currently active in the city, noted that a meeting is being planned for November. She outlined the
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Regular Council Meeting
September 26, 1995
Page 3
task force's other major goals, including holding monthly meetings and workshops. Mayor Rhodes
thanked the task force members for their efforts, and she pointed out that there are many benefits of
establishing a Council of Neighborhood Associations.
Council Member Cooper said she has enjoyed chairing the Mayor's Neighborhood
Association Task Force. She added that more and more cities are utilizing neighborhood
associations to help fight crime, as one example.
Council Member Best noted that one problem often faced by neighborhood associations is
the lack of an adequate meeting place. Ms. Nelson said the task force would like to discuss this issue
with city and public school officials. Council Member Betty Jean Longoria recognized Ms. Joan
Morgan, who is active with the Mayfield Neighborhood on Watch program, and who is also
involved with the task force.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3 concerning the feasibility of seawater
desalination.
Mr. Ron Marek, Chairman of the Community Technical Support Group (CTSG), addressed
the Council members. He explained that CTSG is comprised of individuals who are either
professional engineers or registered architects, or who have technical backgrounds. He said the
group was formed as a result of their participation in the Citizen's Advisory Committee on
Desalinization. Mr. Marek said it was the CTSG members' opinion that pertinent engineering and
economic issues had not been adequately addressed.
Mr. Marek then introduced Mr. John Williamson, CTSG secretary, who gave a presentation
on sea water desalination. He said calculating net present values (or debts) of pumped Lake Texana
water and sea water desalination is the only acceptable method to use in the comparison. He added
that unit costs --dollars per acre foot --do not provide an accurate comparison since they cannot
include the time value of money. Mr. Williamson also noted that the two alternatives require
different annual cash flows over different periods of time.
Mr. Williamson referred to many aspects of CTSG's report, which had been distributed to
the Council members. His presentation included many detailed comparisons of the pumped Lake
Texana water and sea water desalination, and it was the group's contention that Lake Texana water
is not the overwhelming superior answer to the region's future supplemental freshwater
requirements, and that CTSG's recommendations are sound and valid.
City Manager Garza said he had asked that a third party evaluate CTSG's report and the
studies conducted by HDR Engineering and Naismith Engineering under the Trans -Texas program.
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Regular Council Meeting
September 26, 1995
Page 4
Mr. James Dodson, Regional Water Director, introduced Dr. Davis Ford, an environmental health
engineer who has had extensive experience in this field, including as a professor and as a consultant.
Regarding desalination, Dr. Ford briefly discussed reverse osmosis, which he noted is a
proven technology that will continue to improve with time; however, it is energy intensive. He said
that in evaluating reverse osmosis, certain issues to consider include intake and reject structure costs,
permitting requirements, phasing economies, hurricane susceptibility, and module/membrane life.
Dr. Ford also reviewed the water contract that the City of Corpus Christi has with Lavaca-
Navidad River Authority (LNRA), including economic factors such as the city's firm debt service
amount over the course of the contract. He also discussed aspects of the Lake Texana-Stevens Water
Plant pipeline. He said the LNRA contract is a good investment, which is verified by the fact that
many other entities would be interested in securing that contract if Corpus Christi were to sell its
rights. In summary, Dr. Ford said that a more intense review of reverse osmosis should be
conducted in the next five years and considered as a candidate supplement.
Responding to Council Member Best, Dr. Ford reiterated that the city's contract with LNRA
is a valuable asset, whether or not it chooses to exercise its option.
Council Member McNichols asked about the cost comparison of Lake Texana water and sea
water desalination. Dr. Ford said it is estimated that Lake Texana water will cost between $350-
$500 an acre-foot versus, for example, a desalination plant that was built in Baja, California, for
approximately $1,600 per acre-foot. Responding to another question from Dr. McNichols, Dr. Ford
said that at this time, he would not recommend spending a lot of money pursuing sea water
desalination as a water supply option; however, he reemphasized that the city should monitor the
technology over the years as it emerges. He said the city still had five or more years before a
decision needed to be made regarding the pipeline for the Lake Texana water, which is a major issue
in the cost of that water.
Mayor Rhodes pointed out that the city's goal has been, and continues to be, securing a long-
term water supply for the city and the surrounding region. She acknowledged that desalination is
an easier concept for the public to grasp than some of the other altematives, but in reality, it is more
complex than it appears.
Responding to Council Member Heldenfels, Dr. Ford said that one estimate for the Lake
Texana water pipeline is approximately $1 million per mile, or a total of about $105 million. He said
if that cost were doubled, it would still be less expensive than sea water desalination.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, graffiti ordinance.
Minutes
Regular Council Meeting
September 26, 1995
Page 5
Police Chief Henry Garrett said that staff felt the proposed ordinance would enable police
to better fight the problem of graffiti throughout the city. For example, it proposes that if a minor
is apprehended with graffiti paraphernalia in his or her possession, that would be a violation of the
law and the police can then take appropriate action. He said graffiti violations will continue to be
enforced in accordance with the Texas Penal Code (criminal mischief), but this ordinance would give
local police a little more flexibility in dealing with juveniles.
Responding to Mayor Rhodes, Chief Garrett said that the problem of graffiti is progressively
worsening: in 1993 the Make Amends Program cleaned up 166 sites; in 1994 they painted over 614
sites; and this year to date, 969 sites have been painted over.
The Mayor said the only criticism she has heard concerning the proposed ordinance is that
it does not go far enough in that the property owner is not held responsible for cleaning up the
graffiti. Chief Garrett said staff did not want to penalize the property owners, who are the victims
of this crime. He added that some property owners do not even want their defaced property painted
over because of a fear of retaliation by the perpetrators, and he emphasized the importance of
changing that thinking.
Responding to Council Member Cooper, Chief Garrett said there are some cities which have
graffiti ordinances that are much more stringent than this proposal, but he said he hopes the
community will cooperate with police in dealing with this problem. He added that the police
investigators feel the portion of the ordinance concerning graffiti paraphernalia will really help in
their efforts.
City Manager Garza said the city has a volunteer program consisting of citizens who respond
to calls to clean up property defaced by graffiti. He added that the city provides the paint for that
program. In reply to Council Member Best, Chief Garrett described the fines associated with graffiti
violations.
Council Member John Longoria suggested that the city establish a phone number through
its existing "help line" for citizens to report incidents of graffiti. He said another idea might be to
encourage minors to turn in spray paint cans in exchange for movie passes, for example. Mr.
Longoria also said that city officials should be concerned about ways in which minors are obtaining
spray paint, such as whether it is being purchased by adults on behalf of minors.
Referring to another comment by Mr. Longoria, City Attorney Bray stated that this proposal
involves amending two separate sections of the City Code of Ordinances --adding one section that
deals with graffiti, and at the same time, amending the parental responsibility ordinance to specify
that parents have a duty to keep their children from applying graffiti or from illegally possessing the
graffiti paraphernalia.
Minutes
Regular Council Meeting
September 26, 1995
Page 6
Responding to Council Member Betty Jean Longoria, Chief Garrett said most of the graffiti
violations are perpetrated by children who are 13 to 17 years old. He said if someone is 17 years old
or older, he or she is dealt with as an adult, while a juvenile is processed through the Nueces County
Juvenile Justice Center. The Chief reiterated the need to aggressively pursue graffiti vandals by
creating consequences for their illegal behavior.
Council Member Martin asked about the policy regarding removing graffiti from city
property, and Mr. Garza replied that staff tries to remove it as quickly as possible. Mr. Martin said
he agreed that the burden of removing the graffiti should not be placed on the property owner, but
the ordinance should require that it be removed, and the city should provide the mechanism and pay
for the expense of removing it.
Council Member Black said she is in favor of the ordinance, adding that she felt it should be
stronger in requiring the removal of the graffiti.
In response to Mrs. Cooper, Mr. Mike Griffiths, Chief Juvenile Probation Officer, said if
private property is defaced by graffiti, the owner will be asked if the property can be painted over
at no cost. Mrs. Cooper suggested that citizens be allowed to donate unused paint that can be used
to paint over graffiti. Council Member McNichols commented about the need for alternate methods
of discipline.
Mayor Rhodes called for comments from the audience.
Mr. Abel Alonzo, 1701 Thames, emphasized the importance of holding the juvenile
perpetrator and his or her parents responsible for their behavior.
Mr. Leon Perez, 904 Buford, said he felt the ordinance was not forceful enough.
Assistant City Secretary Koenning polled the Council for their votes as follows:
4. FIRST READING ORDINANCF
Amending the City Code of Ordinances prohibiting certain conduct relating to graffiti;
authorizing measures for graffiti control; establishing criminal penalties for violations; and
providing for severability.
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."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
September 26, 1995
Page 7
Mayor Rhodes opened discussion on Item 5, engineering services for the new landfill site.
Mr. Tom Utter, Group Manager for Development Services, said a meeting was held with
seven firms which staff felt might be interested in this proposal, and subsequently all seven said they
felt that a minimum of 35% of local participation was satisfactory.
Responding to Council Member Martin, Mr. Utter said the staff's original statement that
there were no local engineering firms which had been instrumental in obtaining a new landfill permit
was correct.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
5. M95-272
Motion authorizing staff to modify the 75% local participation rule in soliciting requests for
proposals from engineering consultants for professional services necessary to obtain a Type
I Municipal Solid Waste (MSW) permit for a new landfill from the Texas Natural Resource
Conservation Commission (TNRCC) to require a minimum of 35% local participation.
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 6 concerning the factory outlet center.
Group Manager Utter said that in February 1995, the Council authorized the development
of a factory outlet center in northwest Corpus Christi. Some of the actions that the Council took at
that time included an infrastructure agreement with the developers, consisting of Mr. Stan Samberg,
Charter Oak Partners and Rothschild Realty. That contract, which runs through June 1, 1996,
stipulated that the city would move forward with the plans for the new water and sewer lines and the
highway ramp reversals once the developers had 75,000 square feet actually leased; in addition, the
city's construction would commence at the same time the developers' construction began.
Mr. Utter said that the Council also authorized two additional real estate sales contracts with
Mr. and Mrs. Garnett Brooks, which gave the city 180 acres of land immediately behind the location
of the proposed outlet center for a new golf course; the second contract provided for street right-of-
way and water and sewer right-of-way to the center. He said the developers anticipate having the
architectural work started before the end of the year, and they anticipate breaking ground during the
Minutes
Regular Council Meeting
September 26, 1995
Page 8
first quarter of 1996. Mr. Utter added that the contracts with Mr. and Mrs. Brooks would expire on
October 1, 1995, and staff was recommending that they be extended until June 1, 1996 (the same
time period as the contract with the developers).
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
6.a. M95-273
Motion authorizing the City Manager, or his designee, to execute an extension of the Real
Estate Sales Contract with Garnett T. Brooks and Patsy S. Brooks, providing for the
conveyance of approximately 180 acres roughly bounded by the Union Pacific Railroad, the
Nueces River, and the CPL right-of-way, which the southerly boundary of the tract being
conveyed, to the City in consideration of the City installing water and wastewater lines to
adjacent property owned by Mr. and Mrs. Brooks roughly bounded by I1137, the Union
Pacific Railroad, and the Nueces River. If the new golf course is not constructed within
seven (7) years from the date of closing the property automatically reverts to Mr. and Mrs.
Brooks, which Real Estate Sales Contract was authorized by Motion No. M95-046 passed
and approved by City Council on February 28, 1995.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
6.b. M95-274
Motion authorizing the City Manager, or his designee, to execute an extension of the Real
Estate Sales Contract with Garnett T. Brooks, III and Laura Ann Brooks, Co -Trustees of the
Brooks 1994 Family Trust, providing for the conveyance of a roadway right-of-way being
approximately 60 feet wide by 950 feet long from approximately the intersection of Ripple
Street and Sharpsburg Road across the Brooks 1994 Family Trust Property to the CPL right-
of-way, which is the northerly boundary of the Brooks 1994 Family Trust Property, which
Real Estate Sales Contract was authorized by Motion No. M95-047 passed and approved by
City Council on February 28, 1995.
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 7, amendments to the administrative section of
Minutes
Regular Council Meeting
September 26, 1995
Page 9
the Corpus Christi Electrical Code.
Mr. Utter said this proposal was developed in response to several factors, including problems
that the city's electrical inspectors have encountered in the field, as well as concerns raised by the
Electrical Advisory Board. The proposal would involve placing a higher standard on both the
contractor and the Master of Record with regard to passing a local licensing test.
Responding to Council Member John Longoria, Mr. Utter said he understood that several
cities adjacent to Corpus Christi have reciprocity among themselves but not reciprocity in Corpus
Christi. He said the ordinance would require that they take the required test in Corpus Christi so that
they would be licensed here. He said there is discussion regarding whether currently licensed
electricians would need to renew their licenses in order to continue working in Corpus Christi. A
brief discussion ensued.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
7. FIRST READING ORDINANCE,
Amending the City Code of Ordinances, Chapter 13, Building; Construction and Related
Operations; Housing and Housing Premises Standards, Article I, Construction Codes,
Chapter 1, Administration, by amending Sec. 108.2.2.1 to require electrical licenses
examinations be supervised and administered by the City of Corpus Christi; deleting
provisions of Sec. 108.2.2, Reciprocal Licenses; amending Sec. 108.2.9.1 to include
statement of master of record -contractor relationship; adding Sec. 108.2.9.1.1 for evidence
of master of record qualifications; adding Sec. 108.2.9.1.2 disclosure under the Texas Staff
Leasing Services Act; amending Sec. 108.2.9.3 to include elements of the master's
supervision and making unlawful misrepresentation of unsupervised work; providing for
penalties; providing for publication; and an effective date immediately following publication.
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."
* * * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the proposed Phase III annexation of the City's
Minutes
Regular Council Meeting
September 26, 1995
Page 10
1995 Annexation Program, annexing 6,801 acres of land comprised of five tracts: El, E2, E3, E4,
and E5, generally located in the Mustang/Padre Island area, extending from the Port Aransas city
limit line south to the Nueces/Kleberg county line.
City Manager Garza stated that this phase of the annexation program was approached in the
same way that others have been: city staff members analyze the territory being proposed for
annexation, staff tries to assess the cost, and then staff makes some assumptions about the proposal.
He noted that sometimes the taxes that would be generated by annexing a particular area do not
offset the costs associated with bringing that area into the city limits.
Mr. Garza said that following an extensive discussion the Council had regarding the Phase
II annexation, he reviewed the proposals for the remaining annexation phases to determine how they
would impact the city's budget. He noted that the information provided to the Council about Phase
III more clearly indicates the liability the city would be taking on as well as tax revenues.
Council Member McNichols asked Mr. Utter to clarify which areas the staff was
recommending for annexation in the modified proposal for Phase III. Mr. Utter said the area being
recommended was contained in Tracts E3 and E4 (both of which are undeveloped portions of the
Padre Isles subdivision), and 10 acres in Tract El (the area on which Memorial Medical Center will
build a facility). Mr. Utter said the area of Mustang Island up to the Port Aransas city limits was not
being recommended for annexation at this time; however, staff is recommending that that area be
reviewed approximately every 12 months.
Mayor Rhodes asked if anyone in the audience was in favor of annexing the rest of Tract El
and Tracts E2 and E5, and no one came forward. Following a voice vote, the Mayor then announced
that it was the consensus of the Council that Phase III of the annexation program would include only
Tracts E3 and E4 and the specific 10 acres of Tract El. No one appeared in opposition to the
proposed Phase III annexation, and Council Member Martin made a motion to close the public
hearing, seconded by Council Member Heldenfels, and passed unanimously.
Responding to Mr. Martin, Mr. Garza said there were several reasons why the staff
recommended deleting a portion of Tract El and all of Tracts E2 and E5, one of which was a request
from Nueces County officials asking that the annexation program be delayed. Mr. Martin said that
although this was not the appropriate time to consider the annexation of the deleted tracts, they are
still part of the long-term future of Corpus Christi.
In reply to Mr. Martin, Mr. Utter said the public notice for Phase IV would be published on
November 3, 1995, and the public hearings are planned for November 15 (Planning Commission)
and November 21 (City Council). He said the first and second readings of the ordinance were
scheduled for December 12 and 19, respectively. Mr. Martin asked staff to bring their proposal for
Phase IV back to the Council before the public notice is published.
Minutes
Regular Council Meeting
September 26, 1995
Page 11
Mayor Rhodes opened the public hearing on the following zoning case:
9. Case No. 595-4. Texas Television. Inc : A change of zoning from "B-2" Bayfront Business
District to "B-5" Primary Business District on Jones Shoreline Business Lots, east portion
of Lots 1 through 11 and east portion of GSH Land Ltd. Tract, located on the northwest
comer of South Shoreline Boulevard and Born Street.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-5"
District, and in lieu thereof, approval of a special permit for a television broadcasting station and
related studio and offices subject to two (2) conditions.
Mr. Brandol Harvey, Director of Planning and Development, said this zoning case, which
was first heard by the Planning Commission in May 1995, was associated with a special exception
request to allow a television broadcasting tower on an adjacent piece of property downtown. The
case concerning the tower was heard by the Zoning Board of Adjustment and approved. He said this
zoning case before the City Council has nothing to do with that tower; it only has to do with the
associated broadcasting offices that are proposed to be located in the "B-2" district, which comprises
approximately half of the property that the applicant has acquired. Mr. Harvey then showed a video
illustrating the existing land uses.
Responding to Mayor Rhodes, Mr. Harvey said that one of the idiosyncracies of the city's
1960 zoning ordinance is the assumption that any offices or studios associated with a broadcasting
tower would generate unusual concern, which is true. The ordinance states that even the offices must
be located only in a "B-5" district where a tower is allowed, and in all cases, the tower has to go
through the special exception review process. He added that the applicant has agreed to the special
permit with the specified conditions.
Mr. Jack Cooper, 520 S. Chaparral, described why he opposed the zoning request. He raised
the issue of safety and the concern of locating a 173 -foot tall microwave tower right on the bayfront
where wind speeds can be very high. He also objected to the fact that the applicant will be allowed
to place an approximately 12 -foot by 12 -foot sign on the tower, which he said constitutes placing
a billboard on the bayfront. Mr. Cooper said he did not object to the applicant's business offices
being located on the bayfront, but he did object to the placement of the tower there. He said the
special permit does not specify a site plan, and he questioned the feasibility of voting on this issue
without a site plan.
In reply to Mayor Rhodes, Mr. Utter said some citizens had previously objected to placing
a sign on the tower, and after specifications were decided upon, the Zoning Board of Adjustment
specifically authorized the use of a sign. Mr. Utter added that one of the conditions of the special
permit is "a television broadcasting station, studio and offices consistent with the site plan and
elevations attached."
Minutes
Regular Council Meeting
September 26, 1995
Page 12
Mayor Rhodes said she would not have voted to place the tower in that location on the
bayfront, but she added that she was not willing to vote against the zoning change just as a loophole
to eliminate the tower. She said that the case before them --the office building and studios --was
appropriate in that location and was attractive.
Responding to Council Member McNichols, Mr. Utter said that the 20% rule did not apply
in this case.
Mr. Mike McKinnon, of McKinnon Broadcasting Inc. (Texas Television Inc.) stated that the
plans shown to the Council and public may vary slightly with the raising of the office building in
order to allow for parking underneath the building. Mr. Larry Urban of Urban Engineering described
in more detail some of the plans for the building.
Council Member Best said he had some reservations about the issue of signage on the tower,
which was a decision that was not made by the Council, but he said he did support the special permit
for the office building.
Council Member Martin pointed out that in the "B-5" zoning in which the tower will be
located, a building of any height would be allowed there. He added that he hoped the location of this
business on the bayfront will spur even more economic development there.
Council Member John Longoria said he agreed with Mr. Martin's comments, and said it
should be incumbent upon the City Council to think about improving the appearance of Memorial
Coliseum. Council Member Betty Jean Longoria said she felt this project would be an asset to the
downtown area, pointing out that she would prefer to have a broadcasting tower there than a much
taller building.
Assistant City Secretary Koenning polled the Council for their votes as follows:
ORDINANCE NO. 022361
Amending the Zoning Ordinance upon application by Texas Television, Inc., by granting a
Special Council Permit for a television broadcasting station and related studio and offices
subject to two (2) conditions on Jones Shoreline Business Lots, east portion of Lots 1
through 11 and east portion of GSH Land Ltd. Tract; 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."
* * * * * * * * * *
**
Minutes
Regular Council Meeting
September 26, 1995
Page 13
Mayor Rhodes opened the public hearing on the following zoning case:
10. case No. 895-3. Cruz C. Perales: A change of zoning from "R -1B" One -family Dwelling
District to "B-4" General Business District on David Brown Addition, being the east 0.17
acre of Tract 11, being an interior tract of land located approximately 150 feet east of South
Port and approximately 130 feet south of Baldwin Boulevard.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning application. Council Member Best made a motion to close the public hearing,
seconded by Council Member Heldenfels, and passed unanimously.
Responding to Council Member Martin, Mr. Utter said the recommendation for this zoning
case would take care of the problem of the zoning line bisecting the property into "R -1B" on one
portion of the lot, and "B-4" on the other portion.
Assistant City Secretary Koenning polled the Council for their votes as follows:
ORDINANCE NO. 022362
Amending the Zoning Ordinance upon application by Cruz C. Perales, by changing the
Zoning Map in reference to David Brown Addition, being the east 0.17 acre of Tract 11 from
"R -1B" One -family Dwelling District to "B-4" General Business District; providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting
"Aye"; J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
11. Case No. C895-5. City of Corpus Christi: A change of zoning from "R -1B" One -family
Dwelling and "A-2" Apartment House Districts to "B-1" Neighborhood Business District
on Steele Subdivision, south 60 feet of Lots 1 and 2 and all of Lots 3, 4, 70, 71 and 72,
located on the west side of Harmon Avenue, between Mary and Morris Streets.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-1"
District, and in lieu thereof, approval of a special permit for an off-site parking lot subject to four
(4) conditions. Mr. Utter explained that the parking lot would be used for the Los Pequenos Head
Start Program, which staff felt would be a viable use in that neighborhood. However, staff did not
Minutes
Regular Council Meeting
September 26, 1995
Page 14
feel that the change to "B-1" zoning would be appropriate.
No one opposed the zoning application. Council Member Best made a motion to close the
public hearing, seconded by Council Member Heldenfels, and passed unanimously.
Assistant City Secretary Koenning polled the Council for their votes as follows:
ORDINANCE NO, 022363
Amending the Zoning Ordinance upon application by City of Corpus Christi, by granting a
Special Council Permit for an off-site parking lot subject to four (4) conditions on Steele
Subdivision, south 60 feet of Lots 1 and 2 and all of Lots 3, 4, 70, 71 and 72; 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 24, and Council Members requested that
Items 15, 16, 17, 18, 21, 22, and 23 be withheld for discussion. Assistant City Secretary Koenning
polled the Council for their votes and the following were passed:
12. M95-275
Motion approving the purchase of computer equipment including eight workstations with
related software and equipment in accordance with Bid Invitation No. BI -0010-96 from
MicroTek Sales, Inc., Corpus Christi for the total bid of $27,695 based on only bid. The
equipment is budgeted in the 1995-96 fiscal year by Accounting Division, Finance
Department.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
13. M95-276
Motion authorizing the City Manager or his designee to execute a software, hardware, and
peripheral preferred maintenance agreement with Ameritech Library Services for the
computer system located at the Central Library. The agreement is for one year and City
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Regular Council Meeting
September 26, 1995
Page 15
expenditures under this agreement shall not exceed $62,743. Funds are available in the
Central Library's fiscal year 1995-96 budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
14. M95-277
Motion approving supply agreements for large lamps in accordance with Joint Governmental
Purchasing Group Bid Invitation No. JGPG-95-1 with the following companies for the
following amounts based on low bid for an estimated annual expenditure of $31,086.11. The
term of the agreements shall be for twelve months with an option to extend for up to an
additional twelve months subject to the approval of the supplier and the City Manager or his
designee. Estimated large lamps use by City: Incandescent - 8,425; Fluorescent - 10,225;
High Intensity - 511; Quartz - 106; and Stage, Studio & Projector Lamps - 135.
Flato Electric Supply Co.
Corpus Christi. Texas
(Groups 1 & 4)
$9,630.73
American Light, Inc.
orpus Christi. Texas
(Groups 2, 3 & 5)
$21,455.38
Grand Total - $31,086.11
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
19. M95-285
Motion authorizing the City Manager or his designee to submit an application to and execute
all contract documents with the Coastal Bend Council of Governments (CBCOG) for the
period of October 1, 1995 to September 30, 1996 for the continuation of the Elderly
Nutrition Program as funded by the Older Americans Act. The planned budget includes
$527,610 in Older Americans Act funds; $137,145 in USDA funds; $443,199 in City funds;
and $36,118 in donations from program participants for a contract total of $1,144,072. All
funds are included in the City's FY 1995-96 budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
September 26, 1995
Page 16
20. M95-286
Motion approving the application by the Water Street Market closing the following street
sections for the Second Annual "Antiques by the Bay" event on October 21-22, 1995:
a. 300-400 blocks of North Chaparral ( William Street - Schatzel Street)
b. 300-400 blocks of Lawrence Street (Water Street - Mesquite Street)
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
24. ORDINANCE NO. 022367
Closing and abandoning a blanket pipeline easement on Lot 6 and a portion of Lot 5, Block
1, Lake View Acres Subdivision; subject to compliance with the specified conditions and the
replatting of 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, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 15, renovations and improvements to Old Fire
Station #1.
Council Member Martin said he understood that the original plans called for this work to be
completed at the Staples and Doddridge station; however, that station is being torn down and a new
one built there. He asked if staff considered complying with the bond issue's intent and including
this activity as part of the new station at Staples and Doddridge. Fire Chief J.J. Adame said staff had
not considered building a classroom at that location.
Deputy City Manager Hennings added that one of the reasons that plan was not implemented
was because the Staples-Doddridge station was no longer suitable for the fire training tower. Mr.
Martin expressed concern that the building located at Tancahua and Kinney that is being proposed
for the fire training facility is too old and will need continuous maintenance. He added that it may
be time to consider building a major training facility for both police and fire activities.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
Minutes
Regular Council Meeting
September 26, 1995
Page 17
15.a. M95-278
Motion to approve the use of Bond Program Funds to renovate and improve the former Fire
Station No. 1 at Tancahua and Kinney.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and McNichols voting "Aye"; Best and Martin voting "No."
15.b. M95-279
Motion awarding a contract in the amount of $42,500 to Martin & Schmidt Construction
Company for renovation and improvements to the Fire Training Facility located at Tancahua
and Kinney.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and McNichols voting "Aye"; Best and Martin voting "No."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 16, water treatment plant rehabilitation project.
Council Member Martin asked if the Council had previously approved a waiver of the 75%
rule regarding local participation on this project. Mr. Hennings replied that the Council approved
that waiver on June 27, 1995.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
16. M95-280
Motion awarding a contract for engineering services for the O.N. Stevens Water Treatment
Plant - Sedimentation Basins #1 and #2 Rehabilitation Project to Camp Dresser & McKee,
Inc. in the amount of $380,500.
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 17, art service agreements.
Minutes
Regular Council Meeting
September 26, 1995
Page 18
Responding to Council Member John Longoria, Mr. Malcolm Matthews, Director of Park
and Recreation, said previous contracts had had an indefinite time frame with the same clause,
however it was felt that a time limit should be included. In addition, he said that the contracts are
dependent upon approval by the Council during the annual budget process.
Mr. Longoria also asked if the arts agencies were subjected to a peer review process. Mr.
Matthews replied that the agencies submit their receipts and invoices on a quarterly basis for
reimbursement. Mr. Longoria noted that he had raised this issue during the budget process in June
and July, adding that he would prefer that these groups follow the same process that other arts
agencies follow. He said there is the possibility of a lack of accountability regarding funding of
these agencies. Mr. Matthews said these particular agencies generally do not participate in the arts
subgrant programs. Responding to another concern expressed by Mr. Longoria, Mr. Matthews said
staff could require that these agencies provide information about their plans for the year.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
17.a. M95-281
Motion authorizing a contract in the amount of $15,000 with the Corpus Christi Art Center
for operational and program assistance as approved in the FY 95-96 Budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
17.b. M95-282
Motion authorizing a contract in the amount of $15,000 with the Asian Cultures Museum for
operational and program assistance as approved in the FY 95-96 Budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
17.c. M95-283
Motion authorizing a contract in the amount of $15,000 with the Center for Hispanic Arts
for operational and program assistance as approved in the FY 95-96 Budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
September 26, 1995
Page 19
Mayor Rhodes opened discussion on Item 18, effluent diversion demonstration project.
Responding to Council Member McNichols, Mr. R.H. Schackelford, Director of Engineering
Services, said staff had shared his concern about the cost of the easement dedications. He said that
following the negotiations with Mr. O.S. Wyatt Jr., it was determined that Mr. Wyatt would dedicate
the easements and allow the city to have access to a seven -mile road leading into the site. He said
what was requested in return was the construction of a water line to provide fresh water to Mr.
Wyatt's cattle.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
18. M95-284
Motion authorizing the City Manager or his designee to accept easement dedications by Mr.
O.S. Wyatt, Jr. for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and
a 25 foot wide temporary construction easement, all in connection with the Allison
Wastewater Treatment Plant/Nueces Bay Estuary Effluent Diversion Demonstration Project
in return for the construction of a 2'/2" water pipeline valued at $48,500 for livestock
watering purposes.
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 21, phase I of the contract for the Corpus Christi
International Airport terminal building.
Council Member Martin said he thought that as a matter of policy, significant items such as
this should be placed on the Council's regular agenda rather than on the consent agenda.
Responding to Council Member Betty Jean Longoria, Mr. Hennings said that Mr. Bert
Beecroft (whose company was awarded the construction contract) had previously resigned his
position on the Airport Advisory Board.
Council Member John Longoria echoed Mr. Martin's comments concerning placing items
such as this on the regular agenda; Mr. Hennings said staff would do so in the future.
Council Member Cooper suggested that a schematic drawing be placed in the airport terminal
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Regular Council Meeting
September 26, 1995
Page 20
to inform citizens of the plans for the terminal's reconstruction.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
21.a. ORDINANCE NO. 022364
Ordinance appropriating $300,000 from the Passenger Facility Charge ("PFC") Fund
Unreserved Fund Balance for the Hayden Head Terminal Reconstruction Project, Phase lA
Contract; amending Ordinance No. 022279, which adopted the FY 1995-96 Budget, by
adding $300,000 to the PFC Fund No. 246.
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."
21.b. ORDINANCE NO 022365
Ordinance appropriating $826,980 for the Hayden Head Terminal Reconstruction Project,
Phase lA Contract from the following sources; $751,980 from FAA Grant No. AIP-3-48-
0051-22-95, and $75,000 from Airport Capital Improvement Fund Reserves; and adding
$826,980 to Fund No. 245.
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."
21.c. M95-287
Motion awarding a construction contract in the amount of $2,541,656 to B.E. Beecroft, Inc.
for reconstruction of the CCIA Hayden Head Terminal, Phase IA.
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, concession contracts for the Bayfront Plaza
Convention Center and Memorial Coliseum. Council Member John Longoria requested an analysis
of the city's different concession contracts. Mr. Hennings replied that the concession contracts for
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Regular Council Meeting
September 26, 1995
Page 21
the convention center and coliseum were combined; however, it would be difficult to include some
of the smaller concession contracts with the larger ones.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
22.a. ORDINANCE NO. 022366
Ordinance authorizing the City Manager to execute an extension to the existing lease
agreement with Noble Food Service, Inc. to provide concessions services at the Bayfront
Plaza Convention Center and Memorial Coliseum, authorized by Ordinance No. 020902,
passed on April 3, 1990, for the period October 2, 1995, to 3:00 a.m. January 1, 1996; at the
Bayfront Plaza Convention Center, Noble Food Service shall pay the City 25% of gross
receipts on all mixed drink and wine sales and 30% on all beer and all nonalcoholic beverage
and food sales; at Memorial Coliseum, Noble Food Service shall pay the City 40% on all
beer sales and 35% on all nonalcoholic beverage and food sales; Noble Food Service shall
also pay the City 75% of gross receipts collected from subcontractors for the sale of novelties
in the facilities (t -shirts, caps, pictures, souvenirs, etc.).
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."
22.b. FIRST READING ORDINANCE
Authorizing the City Manager to execute a lease agreement with Noble Food Service, Inc.
to provide concessions services at the Bayfront Plaza Convention Center and Memorial
Coliseum for the period beginning at 3:01 a.m. January 1, 1996, to January 1, 2001; at the
Bayfront Plaza Convention Center, Noble Food Service shall pay the City 27.5 percent of
gross receipts on all mixed drink and wine sales and 38 percent on all beer and all
nonalcoholic beverage and food sales; at Memorial Coliseum, Noble Food Service shall pay
the City 45 percent of gross receipts on all beer sales and 40 percent on all nonalcoholic
beverage and food sales; Noble Food Service shall also pay the City 80 percent of gross
receipts collected from subcontractors for the sale of novelties in the facilities (t -shirts, caps,
pictures, souvenirs, etc.) and 5 percent of gross receipts when Noble Food Service acts as
retailer selling novelty items; providing for publication.
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."
Minutes
Regular Council Meeting
September 26, 1995
Page 22
Mayor Rhodes opened discussion on Item 23, Texas Municipal Retirement System (TMRS).
Responding to Council Member McNichols, Mr. Hennings said that at the time of the budget
adoption, staff estimated that the city's 1996 TMRS contribution rate would be 11.33%, while the
rate actually is 11.39%, a difference of $28,000. He added that he thought the rate had increased
over the last few years, and he would provide more information about it.
Mayor Rhodes called for comments from the audience, and there were none.
Assistant City Secretary Koenning polled the Council for their votes as follows:
23.a. FIRST READING ORDINANCF
Authorizing and allowing, under the Act governing the Texas Municipal Retirement System,
Updated Service Credits in said System for service performed by qualifying members of
such System who presently are in the employment of the City of Corpus Christi; providing
for increased prior and current service annuities for retirees and beneficiaries of deceased
retirees of the City; establishing an effective date for such actions; and providing for
severance.
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."
23.b. FIRST READING ORDINANCE.
Authorizing and allowing, under the Act governing the Texas Municipal Retirement System,
Restricted Prior Service Credit to employees who are members of the System for service
previously performed for certain specific public entities for which the employees have not
otherwise received credited service; establishing an effective date for such actions; and
providing for severance.
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."
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Deputy City Manager Hennings pointed
out that there would be no Council meeting next week, and a major item scheduled for the October
10, 1995 Council meeting was the street capital improvement program.
In her report, the Mayor announced that the Local Emergency Planning Committee would
Minutes
Regular Council Meeting
September 26, 1995
Page 23
have a program airing on TCI Cable Channel 20 beginning September 27, 1995 at 6:30 p.m.
* * * * * * * * * * * * *
Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section
551.071, regarding McCormick et al v. Reyes and City of Corpus Christi, No. 93-282-G, 94th
District Court, Nueces County, Texas. She also announced that Cavazos v. City of Corpus Christi,
No. 94-4609-11, 347th District Court, Nueces County, Texas, was being withdrawn from discussion.
The Council went into closed session.
The Council returned from closed session.
* * * * * * * * * * * *
*
Mayor Rhodes called for Council concerns and reports.
Council Member Martin asked about the status of the Ethel Eyerly parking lot. Mr.
Shackelford said some recent rain had delayed the project somewhat. Mr. Martin also asked about
certain negotiations that the Environmental Protection Agency has made with cities regarding
maintaining their ozone attainment status. Replying to another question from Mr. Martin, Mr.
Hennings said the reports did not indicate that the region's watershed had received any significant
rainfall.
Council Member John Longoria questioned the quality of the City Council's official
photograph, and Assistant City Secretary Koenning said she was looking into the situation. He also
asked about the city-wide bicycle path, and Mr. Utter said staff would provide a report.
Council Member Cooper announced that she would be holding a town hall meeting on
September 27, 1995 at 6 p.m. at Elliott Grant Middle School.
Mayor Rhodes called for petitions from the audience.
Mr. Pat Bums, President of Hospitality Food Services in Houston, referred to Item 22 on the
day's agenda regarding the concession contract for the convention center and coliseum. He
described how his company had bid on that contract, and he asked the Council to review the bids
before final approval.
Mr. Hennings stated that five proposals has been submitted, and the screening process ranked
two of them as being the best: Hospitality Food Services and Noble Food Service. Consequently,
the Evaluation Committee decided to recommend Noble Food Service based on their previous track
Minutes
Regular Council Meeting
September 26, 1995
Page 24
record and the fact that they are a local company that has been performing satisfactorily.
Mr. Longoria said he had reviewed the bids on the concession contract and had questions
about it. Mr. Hennings replied that an evaluation process such as this will never be precisely correct;
there will always be some subjective elements involved. However, when two of the five bidders are
obviously the top ranked, then it is clear that the process was successful in separating out the two
best bidders. From that point, the decision becomes which of the two remaining bidders would best
serve the city, and a variety of different factors can be considered. Mr. Hennings emphasized that
in this case, one factor was that Noble Food Service did have a satisfactory track record in the
convention center facility.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:10 p.m. on September 26, 1995.
* * * * * * * * * * * * *