HomeMy WebLinkAboutMinutes City Council - 10/24/1995I 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 October 24, 1995, which were approved
by the City Council on October 24, 1995.
WITNESSETH MY HAND AND SEAL, this 31st day of October, 1995
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 24, 1995
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem John Longoria
Council Members
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria*
Edward Martin
Dr. David McNichols
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
ABSENT
Dr. Jack Best
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. E.F. Bennett (retired), following which the Pledge of
Allegiance to the flag of the United States was led by Council Member John 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 October
17, 1995, and there being no corrections, she proclaimed them approved as presented.
The Mayor then noted that the planned recognition of retired city employee Mr. Leonardo
Cisneros would be held during an upcoming Council meeting.
*************
Mayor Rhodes opened discussion on Item 2, a presentation by the Ozone Task Force.
*Council Member Betty Jean Longoria arrived at the meeting.
Mr. Norman Renfro, Chairman of the Ozone Task Force, described the actions the group has
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Regular Council Meeting
October 24, 1995
Page 2
taken since its formation last year. In September 1994 the committee elected to utilize Texas A&M
University -Kingsville (TAMU-K) to conduct a long-term study of the ozone situation in Corpus
Christi. The study team's directive was to review and analyze existing data in order to reduce ozone
formation and to form a plan of action.
Mr. Renfro then introduced Dr. Ray Finch, Chairman of the Environmental Engineering
Program at that university, who said that most of his comments were based on a 1992 air emissions
inventory that was conducted as well as recommendations made previously by Mr. John Hall,
Chairman of the Texas Natural Resource Conservation Commission (TNRCC). Dr. Finch said that
according to Mr. Hall, with regard to the precursors for ozone --volatile organic compounds (VOC)
and nitrogen oxides (NO,) --about 60% were generated by fixed points (mostly industry), and about
40% were generated by mobile sources (mostly public cars and off-road engines).
Dr. Finch referred to the Corpus Christi Area Ozone Planning Report Summary Table, and
he described in detail the following issues: short-term actions, better data needs, regulatory and
health, and VOC and NO„ controls and how they relate to industrial, general and public sources of
ozone emissions. He noted that ozone exceedences are based on meteorological phenomenon and
most occur between the months of August and October, and ozone levels often can rise over broad
geographic areas. Dr. Finch added that Mr. Hall's recommendation of reducing ozone emissions by
30% could not be achieved by either the industrial or public sources alone --both sources must work
together to lower the amount of air pollution produced.
Responding to Council Member McNichols, Dr. Finch said that as long as Corpus Christi
maintains its attainment status, certain costly air pollution control measures (such as the use of
reformulated gasoline and stringent auto inspections) would not be mandatory. Dr. Finch noted that
the least expensive recommendations to control pollution should be adopted first, followed by the
voluntary adoption of the more expensive recommendations. Dr. McNichols encouraged staff to
continue questioning the Environmental Protection Agency regarding its criteria for ozone emissions
and exceedences and health consequences.
Mr. Renfro went on to describe the Ozone Task Force's recommendations, including the
development of a "flexible attainment package" for Nueces and San Patricio counties.
In response to Council Member Heldenfels, Mr. Rod Larson, a member of the Ozone Task
Force, said he had reviewed many ozone studies relating to health, and they did not show statistically
signficant health effects at the level of the standard being considered.
Council Member Martin asked why the Coastal Bend Council of Governments (COG) was
being recommended as the entity which should establish an Air Quality Committee. City Manager
Garza replied that the problem of air pollution in this region encompasses both Nueces and San
Patricio counties, and the COG includes representatives from both counties. Mr. Martin pointed out
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Regular Council Meeting
October 24, 1995
Page 3
that the COG also includes representatives from other counties which would not be affected by the
proposed recommendations. Mr. Garza added that funding for additional studies would be granted
to the COG, and then it could be allocated to the City of Corpus Christi. A brief discussion ensued,
and Mr. Martin said the Air Quality Committee should be established by the City of Corpus Christi.
Mayor Rhodes asked Mr. Garza to meet with the administration of the COG.
Mr. Phil Vrazel, of CITGO, said his company is in the final stages of designing marine vapor
control equipment. He also discussed nitrogen oxide emissions. Replying to a question from
Council Member Betty Jean Longoria, Mr. Vrazel said his company has budgeted approximately $10
million for the vapor control equipment.
Mr. Renfro pointed out that his company, Valero Refining Company, has also installed the
best emissions controls technology available. In addition, Valero has worked with the city and the
Texas Department of Transportation in providing reformulated gasoline (RFG), and they are also
pursuing the possibility of providing RFG to the general public through an independent service
station owner. Mr. Renfro added that Valero is willing to work with Neighborhood Associations on
informing the public about ozone action days.
Mrs. Longoria asked if information regarding ozone advisories was being disseminated
through the schools, and Mr. Garza replied that more progress needed to be made in that area.
Mr. Martin made a motion to amend this item to indicate that the City of Corpus Christi --
rather than the Coastal Bend Council of Governments --should establish an Air Quality Committee
to explore for Nueces and San Patricio counties the development of a flexible attainment package
similar to the "Tulsa Flexible Attainment" memorandum of agreement with EPA. Mr. Garza agreed,
saying the success achieved by the City of Tulsa is not the only avenue available to the City of
Corpus Christi. Mayor Rhodes seconded Mr. Martin's motion.
Dr. McNichols objected to the criteria established by the EPA for ozone violations, and he
said the City of Corpus Christi should continue to challenge the EPA regarding those standards
rather than begin imposing unilateral restrictions on its citizens. Mr. Garza said the emphasis will
be on maintaining clean air practices while trying to avoid the onerous cost of many of the EPA's
restrictions.
Mayor Rhodes called for a voice vote on Mr. Martin's proposed amendment to the motion,
and it passed unanimously. City Secretary Chapa then polled the Council for their votes as follows:
2.b. M95-308
Motion supporting the recommendations of the Ozone Task Force as follows:
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Regular Council Meeting
October 24, 1995
Page 4
a. That the City of Corpus Christi establish an Air Quality Committee to explore for Nueces
and San Patricio counties the development of a flexible attainment package similar to the
"Tulsa Flexible Attainment" memorandum of agreement with the Environmental
Protection Agency. This committee could include representatives of other areas in
Nueces and San Patricio counties, such as the Board of Trade industries and the San
Patricio County government.
b. That business leaders and federal, state and local officials support the need for grant
money presently being allocated by the Texas Natural Resource Conservation
Commission to near-nonattainment areas for research.
c. That a funding mechanism be pursued so that additional health -based studies can be
completed shortly to support the need to revise the ozone standard to no lower than 0.10
ppm, averaged over an 8 -hour period.
The foregoing motion passed, as amended, by the following vote: Rhodes, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, five-year Capital Improvement Program and
FY 95-96 Capital Budget.
City Manager Garza said the purpose of the five-year Capital Improvement Program is to
allow the Council to set priorities and to establish a planning document each year. He pointed out
that the implementing actions are always brought back for the Council's approval with regard to
engineering, architectural, consulting, and construction contracts.
Council Member Martin asked if the paving assessment revenues were to be used for debt
service rather than on a cash basis as proposed in this item. Mr. Garza replied that the dedication
of cash flows from special assessments for bonds was not shown until the second year. Mr. Martin
also pointed out that all of the projects being planned for the 1995-96 fiscal year will not be able to
be completed during that time. And while he acknowledged that the five-year proposal is just a
planning document, it contains projects which the Council has not yet discussed.
Mr. Garza suggested that the Council approve the FY 95-96 Capital Budget, and to
acknowledge the existence of future projects without formal approval to allow staff to plan for future
years. A discussed ensued, at which time Mr. Garza agreed that the future projects would have to
be financed through a public -approved bond election which will have to be thoroughly discussed by
the Council and presented to the voters.
Council Member Heldenfels echoed Mr. Martin's concerns regarding approving only the first
year of the capital budget while continuing to plan for the Capital Improvement Program.
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Regular Council Meeting
October 24, 1995
Page 5
Ms. Grace McNett, Capital Budget Officer, pointed out that while projects that are financed
by bond elections are supported by citizens' taxes, the projects also improve the community's
standard of living and promote new growth. Ms. McNett then discussed changes that had been made
to the proposed Capital Improvement Program since it was presented to the Council in July 1995.
Council Member Betty Jean Longoria asked about the establishment of the drainage utility.
Mayor Rhodes said the Council should be able to vote on the names of the Citizens Advisory
Committee members during the next few weeks. Responding to Council Member McNichols, Ms.
McNett said that if the drainage utility is not established within the next six months, the Council
would have to review all of the proposed water, wastewater and drainage projects and reprioritize
them based on what the Combined Utilities System can support.
Mr. Heldenfels said he would not support the establishment of the drainage utility unless the
water rates were decreased. Dr. McNichols pointed out that the proposed water system projects are
only for improved water distribution and the monies would not be used for long-term water supplies.
Mr. Martin emphasized that drainage projects have been and continue to be supported by funds
collected through the water utility; however, the water utility should be used to pay for water projects
only, and that is the reason why a separate drainage utility needs to be established in order to fund
drainage projects.
Mr. Martin asked why the proposed drainage improvements for FY 95-96 have increased to
approximately $4.6 million. Mr. Garza replied that some changes were made in the proposal,
including the addition of the Leathers Project drainage improvements, and Mr. Martin said he would
not be willing to adopt the FY 95-96 Capital Budget of which $4.6 million is not funded, unless
other sources of revenue are identified. Mr. Martin also expressed concern about the amount of
contingency funds available for the proposed projects, and questioned the priority of the projects.
A discussion ensued.
Responding to Mr. Heldenfels, Mr. Garza addressed the timing of the construction of the
various projects contained in the 1986 bond election. He emphasized that those projects have had
to be completed in stages; however, they are located throughout the city. Dr. McNichols commented
that there was no money to complete the 1986 bond program until the Council recently voted to raise
property taxes. And he said the public should understand that future bond elections will necessitate
future increases in property taxes in order to finance them.
Ms. McNett continued to describe some of the projects contained in the Capital Improvement
Program. Responding to Mr. Martin, Mr. Carl Crull, Group Manager for Public Works and Utilities,
described plans for the Cunningham Plant. A brief discussion followed.
Mayor Rhodes called for comments from the audience.
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Regular Council Meeting
October 24, 1995
Page 6
Mr. J.E. O'Brien, 4130 Pompano, described the Capital Improvement Program as very
ambitious, and questioned the amount of debt that the public would be able to support. He also
objected to what he said was the excessive use of certificates of obligation to pay for debt that is not
approved by the voters.
In reply to Mr. O'Brien, Mr. Martin remarked that if the drainage utility is established,
$950,000 will be earmarked for the General Obligation Debt Service fund in order to maintain the
percentages of reserve coverage that was established by the Council.
Mr. Martin went on to say that he would support the Capital Improvement Program for
approximately $56 million. Mr. Garza said staff would incorporate changes as discussed by the
Council before the second reading of the ordinance.
City Secretary Chapa polled the Council for their votes as follows:
3.a. FIRST READING ORDINANCE
Adopting the proposed 1996-2000 five year Capital Improvement Program and approving
the FY 1995-96 Capital budget in the amount of $60,859,000.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best
absent.
3.b. FIRST READING ORDINANCE
Appropriating $450,000 in paving assessment revenues from the Street Capital Improvement
Fund for street projects in the FY 95-96 Capital budget.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best
absent.
3.c. FIRST READING ORDINANCE,
Appropriating $1,393,171 from interest earnings in the Capital Improvement Fund and
authorizing transfer of these funds into the General Debt Service Fund for the annual debt
service payment.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best
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Regular Council Meeting
October 24, 1995
Page 7
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, cession of extraterritorial jurisdiction.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4. M95-309
Motion approving an agreement for cession of approximately 6.2 square miles of
extraterritorial jurisdiction to the City of Portland.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, parcel of land to be deeded to the city.
Mr. Tom Utter, Group Manager of Development Services, said the city owns property on
both sides of the parcel under consideration, which is located across Culberson Street from Ben
Garza Park and Gym. He said the tract of land, which is owned by Nueces County, contains a
building which used to be the Nueces County Welfare Office but is now in need of demolition. The
tract would be combined with the city's tracts to construct additional parking for Ben Garza Gym.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5. M95-310
Motion accepting a parcel of land to be deeded to the City of Corpus Christi from Nueces
County containing approximately 7,000 sq. ft. adjacent to Culberson Street and Block 7, Paul
Court Addition to the City of Corpus Christi, Texas.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
* * * * * * * * * * * * *
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Regular Council Meeting
October 24, 1995
Page 8
Mayor Rhodes opened discussion on Item 6, Phase III of the 1995 Annexation Program.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
6. ORDINANCE NO. 0223 83
Annexing adjacent and contiguous territory containing three tracts of land to the City of
Corpus Christi, Texas; declaring such territory an integral part of the City of Corpus Christi,
Texas; fully describing the annexed territory; adopting a service plan for the annexed
territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring inhabitants
and property owners entitled to all the same rights, privileges and burdens of other citizens
of the City; declaring the annexed territory, subject to the City Charter and the ordinances,
resolutions, motions, laws, rules and regulations of the City of Corpus Christi; and providing
for severance.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols
absent.
* * * * * * * * * *
*
**
Mayor Rhodes opened the public hearing on the following annexation zoning cases. No one
opposed the proposed zoning changes. Council Member Martin made a motion to close the public
hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
7. Case No. C995 -2A. City of Corpus Christi: Zone newly annexed area to `B -2A" Barrier
Island Business District on Tract El, located along the northeast side of Park Road 22,
approximately 600 feet southeast of Aquarius Street.
ORDINANCE NO. 022384
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Padre Island -Corpus Christi, Section 18, Block 3, Lots 1
through 34, by zoning of newly annexed area to "B -2A" Barrier Island Business District on
Tract E1; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
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October 24, 1995
Page 9
and McNichols absent.
8. Case No. C995 -4A. City of Corpus Christi: Zone newly annexed area to "R -1B" One -family
Dwelling District on Tract E3, bound by Primavera and Commodores Drive on the north,
Aquarius Street and existing City limits on the east, south line being north of Carlos Fifth
Court and Topsail Street and Laguna Madre on the west.
ORDINANCE NO 022385
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Commodore's Cove Unit 2 and portion of Island Fairway
Estates, by zoning of newly annexed area to "R -1B" One -family Dwelling District on Tract
E3; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
and McNichols absent.
9. Case No. C995 -SA. City of orp u. ri ti• Zone newly annexed area to "R -1B" One -family
Dwelling District on Tract E4, bound by Whitecap Boulevard being 1,200 feet north of the
north line, existing City limits on the east, Nueces/Kleberg County line on the south and
Laguna Madre on the west.
ORDINANCE NO. 022386
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Cape Summer Units 1 and 2, by zoning of newly annexed
area to "R -1B" One -family Dwelling District on Tract E4; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
and McNichols absent.
10. Case No. C995 -7A. City of Corpus Christi. Zone newly annexed area to "F -R" Farm -Rural
District on Laureles Farm Tracts, Share 1, being 14.3 acres out of Section D, located along
the west side of Chapman Ranch Road (State Highway 286) and along the south side of the
Oso Creek.
ORDINANCE NO 022387
Amending the Zoning Ordinance upon application by City of Corpus Christi by changing
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October 24, 1995
Page 10
the Zoning Map in reference to newly annexed area consisting of the east 14.3 acres of
Section D, Share 1, Laureles Farm Tracts by zoning the east 12.37 acres out of the east 14.3
acres of Section D, to "F -R" Farm -Rural District and the west 1.93 acres out of the east 14.3
acres of Section D to "B-1" Neighborhood Business District with a Special Permit for a
contractor's storage yard with outside storage and display; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
and McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 11 through 24, and Council Members requested that
Items 19 and 20 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
11. M95-311
Motion approving a supply agreement for cellular telephone service in accordance with Bid
Invitation No. BI -0025-96 with Southwestern Bell Mobile Systems, Corpus Christi, for an
estimated annual amount of $30,328.32, based on only bid. The term of the agreement is for
twelve months with an option to extend for up to an additional twelve months subject to the
approval of the City Manager or his designee. The contract will be administered by the MIS
Department and charges for actual time will be made to each using department.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
12. M95-312
Motion authorizing the City Manager or his designee to execute an agreement with Central
Power & Light Company to install continuous street lighting improvements along each of
Saratoga Boulevard, between Staples Street and Rodd Field Road, and Rodd Field Road,
between Saratoga Boulevard and So. Padre Island Drive, at a cost not to exceed $386,000.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
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Regular Council Meeting
October 24, 1995
Page 11
13. M95-313
Motion authorizing the City Manager of his designee to execute a Master Lease Purchase
agreement with G.E. Capital Public Finance, Inc. to establish a municipal line of credit.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
14. M95-314
Motion awarding a professional services contract for materials testing in the amount of
$20,377 to Gulf Coast Testing Laboratory, Inc. for the SPID/Ayers Area Street
Improvements Project. Materials testing includes soil, asphalt and concrete tests.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
15. M95-315
Motion authorizing an increase of $281,248.37 to the City's escrow account on deposit with
the Texas Department of Transportation (TXDOT) for a total of $1,050,838.30 to cover costs
associated with relocating, adjusting and/or constructing water and wastewater facilities as
required for the construction roadway improvements on Holly Road from Ayers Street to
Everhart Road.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
16.a. M95-316
Motion approving the purchase of City Property Insurance with option to renew annually for
three years in accordance with Bid Invitation No. BI -0015-96 through HRH Insurance
Agency at an estimated annual premium of $414,483. Monies for these premiums are
available in the City's Self -Insurance Fund.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
16.b. M95-317
Motion to reject proposals for Electronic Equipment and Excess Flood Insurance.
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Regular Council Meeting
October 24, 1995
Page 12
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols absent.
17. ORDINANCE NO. 022388
Ordinance amending Ordinance No. 021224 passed and approved on August 27,1995 by
amending Section 3 to adopt the final assessment roll and assessments levied against the
owners of the property abutting on Saratoga Boulevard from Staples to Rodd Field Road and
on Rodd Field Road from Saratoga Boulevard to South Padre Island Drive.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
and McNichols absent.
18. ORDINANCE NO. 0223 89
Ordinance appropriating $25,000 from the No. 220 Street Trust Fund for the purpose of land
acquisition and construction of a cul-de-sac on McCain Drive; and amending Ordinance No.
022076 which adopted the FY 1994-95 Capital Budget to add McCain Drive cul-de-sac as
an approved proj ect.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
and McNichols absent.
21. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year lease with the Corpus
Christi Model Railroad Club, Inc. ("Club") for the use of city property at 821 Louisiana for
recreational purposes in consideration of Club maintaining the facility and assigned grounds
and opening the facility to the public; providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols
absent.
22. FIRST READING ORDINANCF
Closing and abandoning a 1,900 square foot portion of a 10 foot wide utility easement
located between Lots 1, 2, and 3, Block 4, Cabaniss Industrial Park; subject to compliance
with the specified conditions; and the owner replatting the property within 180 days at his
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Regular Council Meeting
October 24, 1995
Page 13
expense.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols
absent.
23. ORDINANCE NO. 022392
Amending the Code of Ordinances, Section 53-254, Schedule V, (Increase of State Speed
Limit in Certain Zones) by reducing the speed limit on Yorktown Boulevard from 50 MPH
to 45 MPH, from Waldron Road to the east end of the Yorktown Boulevard (mud) bridge;
providing for publication; and providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols
absent.
24. ORDINANCE NO. 022393
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
nonalocholic 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 nonalocholic
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 second reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best and McNichols
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 19, adoption of the city's investment policy.
Council Member Martin noted that this policy has been adhered to by city staff for years.
Responding to a question from Mr. Martin, City Manager Garza stated that staff does not authorize
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Regular Council Meeting
October 24, 1995
Page 14
disbursement of any funds from the city's accounts unless the securities are in receipt by the
custodian. Mr. Garza added that the city will probably only use repurchase agreements on a short-
term basis.
In reply to another question from Mr. Martin, Ms. Rosie Vela, Director of Finance, said staff
will study the use of mutual funds. Mr. Garza pointed out that any proposals are considered by the
Investments Committee, which consists of himself, the City Attorney, the Budget Director and other
members of the city's top staff. He noted that the aims of the city's investment programs are
liquidity, safety and yield, in that order.
In response to Council Member John Longoria, Mr. Garza said that the auditing firm which
reviews the city's records is also required to review the city's investment policy. He added that the
City Treasurer, Ms. Dorothea Montoya, and her staff review potential investments on a daily basis
within the established investment guidelines. Mayor Rhodes commented that Ms. Vela and the
city's Finance Department are held in high esteem by the bonding raters in New York. Mr. Garza
added that the city's investment policy manuel was used as one of the models in further developing
the state guidelines, and Ms. Montoya served on the state committee that adopted those guidelines.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
19.a. RESOLUTION NO.022390
Resolution adopting a City Investment Policy for the investment of all city monies.
The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent.
19.b. RESOLUTION NO. 022391
Resolution appointing investment officers and authorized city representatives to implement
the City Investment Policy for the investment of all city monies.
The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 20, agreement with Southwestern Bell Telephone.
Responding to Council Member Martin, Mr. Garza said that some smaller companies in other
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Regular Council Meeting
October 24, 1995
Page 15
areas of the country have aggressively underbid Southwestern Bell Telephone, but staff was
concerned with dependability and they have been satisfied thus far with Southwestern Bell's
performance.
Mr. Martin then asked what would exempt this item from requiring a bid. City Attorney
Bray replied that the city is providing Southwestern Bell the space in which to install their
telephones; he noted that this item is not a lease but rather a use privilege agreement. He said the
bid laws do not apply in this case, but the Council could bid it if they wished.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
20. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year Use Agreement with
Southwestern Bell Telephone Company to provide pay phone service to various City
facilities for a 22% commission with the option to extend for additional one-year terms.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Heldenfels and Martin
voting "No"; Best absent.
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Council Member McNichols asked about Item 12 on the consent agenda regarding lighting
standards, and he asked staff to investigate possible problems with the use of fiberglass standards.
* * * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
The Mayor then announced the closed session, pursuant to Texas Government Code Section
551.071 regarding CJB Construction, Inc., and Robert E. Jenkins v. Tri-State Ins. Co., et al; No. 92-
3046-F, 214th District Court, Nueces County, Texas, with possible action thereon in open session;
and regarding City of Corpus Christi v. Manhattan Construction Company et al, No. 94-6459-A,
28th District Court, Nueces County, Texas.
The Council went into closed session.
The Council returned from closed session.
Minutes
Regular Council Meeting
October 24, 1995
Page 16
Mayor Rhodes made the following motion, seconded by Council Member Betty Jean
Longoria: Motion to authorize the City Manager to execute settlement documents in connection
with Cause No. 92-3046-F; CJB Construction Inc., and Robert E. Jenkins v. Tri-State Ins. Co., et
al; 214th District Court, Nueces County, Texas, finally resolving all claims arising out of the airport
roof case upon payment of $325,000 from United States Fidelity & Guraranty Company to the City
of Corpus Christi and its attorneys as negotiated by the parties. (M95-318)
Before the vote was taken, Council Member Martin commented that this item was regarding
the improper installation of the roof at the Corpus Christi International Airport. Consequently, the
city took action and the resulting recovery was a brand new roof as well as the city's cost.
Mayor Rhodes called for a voice vote on the motion, and it passed unanimously.
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Mayor Rhodes called for the City Manager's report. Mr. Garza stated that Group Manager
Utter would briefly discuss Phase IV of the 1995 Annexation Program.
Mr. Utter referred to a map of the area proposed for annexation, which consists of eight
tracts of land (Al, A2, A5, A6, A7, A8, A9, and A10) located around the Wood River and Five
Points area. He described Tract A8, which consists of 401 acres and includes the Suburban Acres
Subdivision; he noted that the whole tract has an inadequate water supply and may have problems
with code enforcement. Staff has discussed this tract with Nueces County and the Texas Department
of Housing and Community Affairs regarding whether this area is eligible for funding under the
colonias program. He said staff recommended deleting this tract from the current annexation
proposal in order to acquire a colonias grant to supply water to the area; annexation at a later date
may be possible.
Mr. Utter said staff also recommended leaving in the annexation proposal Tract A10, which
consists of approximately 358 acres and is situated between U.S. Highway 77 and Callicoate Road.
Council Member Betty Jean Longoria asked if some assurances could be made that the city
would try to help the residents living in Tract A8. Mr. Utter said the city could assist Nueces County
in applying for a colonias grant, which is similar to the situation that occurred with the San Carlos
and San Juan subdivisions.
Mr. Utter said the recommendation also calls for leaving in Tracts A5 (consisting of about
434 acres); A6 (708 acres); A7 (731 acres); and A9 (564 acres). However, staff is recommending
that Tract A2 be deleted from the annexation proposal. Consisting of about 164 acres of
undeveloped land, Tract A2 is part of the Wood River area development plan, and the developers
have indicated that they are willing to bring the property into the city on a definitive schedule --not
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Regular Council Meeting
October 24, 1995
Page 17
less than 15% of their total acreage per year, whether the land is platted or not.
Responding to Council Member Martin, Mr. Utter said that if the developers of Tract A2 do
not abide by their stated intentions, the City Council can at any time (after adequate notice) annex
that property. With regard to Tract A5, Mr. Utter said Hazel Bazemore Park will remain a county
park even if that area is annexed.
Mr. Utter said Tract A9 contains an "illegal" subdivision which the city recommends for
annexation. However,Tract Al, which is situated immediately north of Tract A9, is not being
recommended for annexation at this time for several reasons. Mr. Utter explained that Tract A1,
which contains the Quail Valley Subdivision and several other subdivisions, is served by the River
Acres Water Supply Corporation (RAWS). He said the water lines in that area meet state standards
but do not meet city standards and would not provide adequate fire protection if annexed because
the lines are undersized.
Mr. Utter said staff has discussed the possible annexation of Tract Al with several residents
and an attorney representing residents there, and the attorney asked that annexation be postponed for
approximately five years. He said during that time, staff will work with RAWS to attempt to
upgrade the water lines through that area.
Responding to Mr. Martin, Mr. Utter said Tracts A3 and A4 were annexed on July 18, 1995.
Mr. Martin said that if Tract A9 is considered for annexation, there should be some assurance that
RAWS will continue to serve by contract the two or three owners it is currently serving in A9. Mr.
Utter said staff is recommending annexing A9 because it has developmental potential since it
contains about 2V2 miles of frontage on FM 624.
Mr. Utter also discussed three other tracts that staff is recommending for annexation in Phase
IV: Tracts A11, Al2 and A13. He explained that Koch Refining Company bought Southwestern
Refining and is asking the city to annex Tracts All and Al2. With regard to Tract A13 (which is
owned by Amerada Hess), Mr. Utter said there is a provision in the city's industrial district contract
that if a company did not join in a buy-out proposal and/or did not sign an industrial district contract,
then the city would move forward with annexation.
City Manager Garza said that unless the Council had any objections, the Phase IV annexation
proposal would contain Tracts A5, A6, A7, A9, A10, All, Al2, and A13.
Responding to Mrs. Longoria, Mr. Utter said staff felt it was appropriate to proceed with the
annexation of Tract A9 because it is not yet developed but it has potential to do so.
In reply to Mayor Rhodes, Mr. Utter said the Phase IV annexation would have the following
schedule: advertised in the newspaper on November 3, 1995; Planning Commission public hearing
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Regular Council Meeting
October 24, 1995
Page 18
on November 15; City Council public hearing on November 21; first reading of the ordinance on
December 12; and the second reading on December 19.
In response to Mrs. Longoria, Mr. Utter said the city's policy is that a developer supplies
water to a subdivision, while the city may participate in oversizing of water lines.
Replying to Council Member Heldenfels, Mr. Utter said the annexation of the proposed tracts
should have a positive economic effect. He added that with regard to Tract A8, even if state funds
were not available to assist the residents of that tract, staff would still recommend annexing it
because the city has a responsibility to meet the needs of residents in its extraterritorial jurisdiction
to the greatest extent possible before a health problem were to occur or worsen.
Council Member John Longoria asked about Tract A13, and Mr. Utter said the Texas Natural
Resource Conservation Commission has ruled that the tanks owned by Amerada Hess in that tract
have caused the plume of underground hydrocarbons in the Oak Park area. He added that if that tract
is annexed, the city will gain an additional 40% of Amerada Hess's taxes and the company would
fall under all of the city's regulations regarding building and zoning codes.
In response to Mr. Martin, City Attorney Bray said that the first reading of the annexation
ordinance could not be held on the same day as the public hearing because the public hearing has
to be held a certain period of time before action is taken. Mr. Martin suggested that an item
clarifying the staff s recommendation for Phase IV be placed on the agenda for the October 31, 1995
Council meeting.
City Manager Garza said that also during the October 31 meeting, there will be presentations
on the outlet mall project, the city's health insurance bid process, and Phase II of the Trans -Texas
Water Study. There will also be the first reading of a concession agreement at the airport.
* * * * * * * * * * * * *
In her report, Mayor Rhodes said that in the tragedy of the Selena Quintanilla-Perez murder
and subsequent trial of Yolanda Saldivar, one bright point with regard to the city was the outstanding
performance of city employees. The Mayor then called for Council concerns and reports.
Council Member Martin asked that a schedule be prepared of upcoming issues, including the
Garwood water supply option.
Council Member Black said a citizen has noted that there have been many wrecks occurring
on Staples and Booty streets.
Council Member John Longoria requested information about the bid dates on the health
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Regular Council Meeting
October 24, 1995
Page 19
insurance. Mr. Garza said he would provide a schedule. Mr. Longoria said there are several
apartment complexes in his district which have been marred by graffiti and where people have
dumped old furniture in the dumpsters. Mr. Garza said he will follow up on that issue.
Council Member Heldenfels requested a list of city employees who are authorized to have
second jobs. Responding to a question from Mr. Heldenfels, Mr. Garza said fees collected for
outside city limits water lines go into the Combined Utilities Fund, which consists of gas, water, and
wastewater. He added that there are some indentures because of the city's outstanding debt that
pledges the city's revenues to retire those bonds. Mr. Heldenfels also requested information
regarding moving vehicle accident claims.
Council Member McNichols referred to a workshop in Harlingen of the American Desalting
Association, the Texas Water Development Board and the American Waterworks Association. He
asked that a response that was prepared by Mr. James Dodson, Regional Water Director, be
forwarded to the rest of the City Council for their information.
Mayor Rhodes called for petitions from the audience, and there were none.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:10 p.m. on October 24, 1995.
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