HomeMy WebLinkAboutMinutes City Council - 11/21/1995I 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 November 21, 1995, which were approved
by the City Council on November 28, 1995.
WITNESSETH MY HAND AND SEAL, this 28th day of November, 1995
Armando Chapa
City Secretary
SEAL
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 21, 1995
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem John Longoria
Council Members:
Dr. Jack Best
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
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor David Lewis, Bayshore Bible Church, following
which the Pledge of Allegiance to the flag of the United States was led by Ms. Veronica Arrisola,
a student at Woodlawn Elementary School.
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
November 14, 1995, and there being no corrections, she proclaimed them approved as presented.
*************
Assistant Police Chief Pete Alvarez informed the Council about an incident which occurred
at the Commercial Metals Company at 4614 Agnes earlier in the day. He stated that a chlorine gas
tank had ruptured, emitting chlorine gas into the air, which resulted in 26 people being treated for
chlorine gas inhalation. He also stated that no serious injuries or fatalities had been reported. He
further stated that emergency units responded immediately and that the Texas Natural Resource
Conservation Commission would investigate the cause of the rupture.
* * * * * * * * * * * * *
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Minutes
Regular Council Meeting
November 21, 1995
Page 2
Mayor Rhodes opened discussion on Item 1, a recognition of the city's awards from the
National Coordinating Council on Emergency Management.
Mr. Patrick McMacken, Assistant Coordinator for the City's Emergency Management
Division, presented a brief overview of the awards which were received from the National
Coordinating Council on Emergency Management. The awards were for best video presentation and
computer-generated media. He then recognized Ms. Amy Seabring who assisted him with the
computer-generated media and Mr. David Parrott, Administrator of the Local Emergency Planning
Committee.
* * * * * * * * * * * * *
Mayor Rhodes stated that the Board appointments to the Drainage Utility Advisory
Committee would be postponed.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, an ordinance pertaining to adult businesses with
undesirable secondary effects (ABUSE).
Assistant Chief Alvarez explained that the Police Department has been working with the
city's Legal and Planning departments in drafting an ordinance to regulate adult businesses, which
will be brought to the Council in January 1996. He said the purpose of the ordinance on the day's
agenda was to preserve the status quo by making it clear to the owners of any adult businesses that
might open in Corpus Christi between now and January that they will not receive any "grandfather"
exemptions from the effect of the January ordinance, if it is approved.
He said the ordinance to be considered in January has three major elements: it would limit
the areas in which adult businesses can operate by requiring that they be located away from
residential and commercial areas, as well as other adult businesses; that they be licensed; and it
would prohibit certain activities relating to adult businesses. The ordinance being drafted would be
modeled after ordinances in effect in other cities.
Assistant Chief Alvarez said the validity for such an ordinance is well established, since it
has been statistically shown that such adult businesses produce secondary criminal effects which are
harmful to the community. He noted that ordinances regulating adult businesses with undesirable
secondary effects (referred to by the acronym ABUSE ordinances) cannot be aimed at the content
of expressive activity; rather, they are geared to regulate the businesses to minimize their secondary
effects. He went on to say that often in other cities, ABUSE ordinances allow existing adult
businesses to continue to operate for a period of time in a prohibited area.
Minutes
Regular Council Meeting
November 21, 1995
Page 3
Responding to Council Member Martin, Chief Alvarez said that staff has gathered some data
which is now a year old and they are in the process of gathering additional data. Chief Alvarez also
reiterated that the ordinance currently being considered basically notifies people who intend to open
a sexually oriented business in Corpus Christi that if the January ordinance is approved, they will
have to abide by that ordinance.
Mr. Martin asked why the current proposed ordinance specified the date of June 28, 1995 as
the starting date; he said that a November 21, 1995 article in the local newspaper was the first time
many of the Council members knew of the proposed ABUSE ordinance. City Attorney Bray replied
that June 28, 1995 was the date that staff deemed the ordinance officially pending --when the City
Manager met with staff, approved the concept of the ordinance and directed staff to proceed with it.
Mr. Martin recalled discussion during a previous Council meeting in which residents opposed
the planned construction of a topless bar on South Padre Island Drive. He said that staff had
informed the Council that that business met the zoning requirements and nothing else could be done.
He added that staff could have brought the temporary ABUSE ordinance to the Council at that time.
Mr. Bray replied that discussion of the ABUSE ordinance had just begun and the reply given to the
Council at that time was based upon existing ordinances.
Mr. Martin also asked about the repercussions for a businesses owner who currently has a
building permit for an adult business. Mr. Bray answered that staff believes the ABUSE ordinance
would still be effective in that situation.
Council Member Heldenfels stated that the ordinance currently being considered was
punitive and he expressed concern about its constitutionality. Mr. Bray stated that under the
pendency doctrine, there are cases in which an ordinance is in the developmental stage with staff,
and the status quo can be maintained. Mr. Heldenfels objected to the June 28 date, adding that the
effective date should be November 21, 1995.
Council Member Cooper questioned the validity of a clause in the ordinance to be considered
in January, in which adult businesses which are currently operating would have three years in which
to relocate or shut down their business. Mr. Bray responded that the courts have allowed an even
shorter period of time; a number of other cities' ordinances which have been upheld use the three-
year period. Mrs. Cooper said she felt the three-year clause would be controversial and she
suggested that staff investigate that element while the ordinance is still being drafted.
Council Member Best expressed surprise that this ordinance was brought before the Council,
and he said a workshop should be held to discuss it further. Mayor Rhodes said that during her eight
years on the Council, there had been several instances in which neighbors had complained about the
existence of adult businesses near their neighborhoods. She noted that the Council had frequently
expressed frustration at its inability to deal with the neighbors' concerns. City Manager Garza said
Minutes
Regular Council Meeting
November 21, 1995
Page 4
the subject of adult businesses had arisen several times during his tenure, and he subsequently last
summer directed staff to begin preparing the ABUSE ordinance. He said he informed the Council
last week that that ordinance was being drafted.
Dr. Best questioned the criteria used to define a sexually oriented business. Chief Alvarez
responded that there currently are 13 businesses which the Police Department regards as sexually
oriented businesses, as well as one adult video store. He emphasized that the proposed ABUSE
ordinance would not make the businesses illegal, but it would regulate their location.
Council Member McNichols questioned whether the data being considered dealt just with
sexually oriented businesses, or bars in general. Chief Alvarez said staff is preparing a comparison
of criminal activity generated by the 13 adult businesses as opposed to a list of bars which are not
regarded as sexually oriented businesses.
Responding to Council Member Betty Jean Longoria, Mr. Bray said he was not aware of any
adult businesses which had opened since June 28, 1995, and he felt the most important date with
respect to the ordinance being considered was the date of approval.
Council Member John Longoria said he felt it would be difficult to distinguish between
criminal activity associated with sexually oriented businesses and activity associated with bars in
general. He said two objectives that had been previously discussed were notifying neighbors that
a sexually oriented business was going to be built near their neighborhood, and the possible
prohibition of adult businesses in the downtown area. He questioned whether the proposed ABUSE
ordinance would in effect drive the adult businesses downtown. Chief Alvarez replied that staff
would present several options to the Council, one of which would totally eliminate the possibility
of adult businesses being located downtown.
Mr. Longoria said he felt that three years was insufficient time for the owner of an adult
business to amortize his investment; he suggested that 10 years would be more reasonable. He said
other loopholes in the proposed ordinance will develop, such as the possibility of adult businesses
opening on a stretch of Everhart Road.
Mayor Rhodes said it was importance to pass the ordinance currently being considered to
inform people that a more in-depth ABUSE ordinance is pending. She added that the Council should
have a workshop on the issue in order to reach some consensus and to direct staff on the pending
ordinance.
Council Member Black said she was not in favor of topless bars, but she was in favor of free
enterprise. She objected to the June 28, 1995 date, and suggested that the local newspaper
emphasize the importance of the Council's action so that citizens will be aware of it. She shared Mr.
Longoria's concerns about the three-year amortization time period. She questioned the amount of
Minutes
Regular Council Meeting
November 21, 1995
Page 5
tax revenue generated by adult businesses, and she added that she had never received a complaint
about a topless bar. She said that an ordinance prohibiting adult businesses from around schools and
neighborhoods should have been approved long ago.
Mayor Rhodes stated that the Council probably would be amending the June 28, 1995 date
in the proposed ordinance. She then called for comments from the audience.
Mrs. Grace Rank, Chairperson of the city's Commission on Children and Youth, offered the
Commission members' expertise to the Council regarding this issue. She said the commission has
extensive data showing how sexually oriented businesses adversely affect the community by
influencing juvenile crime, teenage pregnancy, and school drop-out rates. Mrs. Rank pointed out
that Nueces County leads the nation in teen pregnancies (9.1 of every 100 births in Nueces County
are to children under 18). She said it has also been proven that the presence of sexually oriented
businesses influences the amount of sexual abuse in a community. She also questioned whether the
tax revenues generated by adult business offset the cost of the consequences of the lack of social
controls (juvenile crime, more prisons, etc.).
Mrs. Paige Dinn, a member of the Commission on Children and Youth and Director of the
Children's Resource and Development Institute at Driscoll Children's Hospital, said that she and
others have been tracking incidents of child sexual abuse at Driscoll and an alarming trend has
emerged. Mr. Longoria asked Mrs. Rank and Mrs. Dinn to pool their resources in helping to change
the law regarding the minimum age of young women employed in sexually oriented businesses.
A woman who said she moved to Corpus Christi 2'/2 years ago said that she supported the
ordinance pertaining to sexually oriented businesses. She expressed concern for the safety and
welfare of children and single women in this community.
Mr. Carl Michaels, 317 N. Chaparral, said he was speaking on behalf of the downtown
merchants, and he presented a petition signed by people opposed to adult entertainment
establishments located in the downtown area. He said such businesses used to be prevalent
downtown, but their absence has made that area much safer.
Mr. Fred Braucht, owner of the Country Peddler, 317 N. Chaparral, also discussed the
adverse effect that the existence of adult businesses had in the downtown area for many years. He
urged the Council to adopt an ABUSE ordinance.
Mr. Douglas Meissner, owner of Bottom's Up nightclub for 11 years, said his business had
earned $1 million in gross revenues so far this year, and he employs 100 people. He said if his
business and the other adult businesses were forced to shut down, it would affect not only his
employees, but many peripheral businesses as well. He said the public should decide if adult
businesses should be allowed to exist in Corpus Christi.
Minutes
Regular Council Meeting
November 21, 1995
Page 6
Mr. Richard Beck, owner of a topless bar that is scheduled to open in December on South
Padre Island Drive, said he has invested much money into his business. He questioned if clubs
featuring male dancers and gay bars were considered sexually oriented businesses as well. He said
his property is located more than 1,000 feet from a school or church.
Mr. Leon Perez, 904 Buford, objected to the ABUSE ordinance.
Mrs. Dorothy Spann, 502 Del Mar, described sexually oriented businesses that are located
near schools and neighborhoods. She said many residents have been seeking such an ordinance
regarding adult businesses for quite some time and she urged the Council to support it.
Ms. Onie Gomez said she had recently moved to Corpus Christi from San Francisco, which
has many adult businesses. She said she was shocked by the huge picture of the scantily clad woman
at the entrance to the Leg's club on South Padre Island Drive. She said such businesses corrupt and
pollute a community and are the gateway to many other activities, such as sexual harassment and
child abuse.
Mr. R.F. Hasker, 1813 Wallace, said he does not frequent topless bars but objected to the
proposed ordinance.
Mr. Heldenfels made a motion, seconded by Mrs. Longoria, to drop the June 28, 1995 date
in the proposed ordinance and to make it effective November 21, 1995; the motion passed
unanimously.
Mr. Martin pointed out that all of the speakers addressed the ABUSE ordinance that the staff
is drafting, rather than the ordinance before them, which Mr. Martin asked to be clarified. Mr. Bray
replied that the current ordinance would not stop building permits from being issued; it simply puts
people who would open an adult business in the interim on notice that the Council would not intend
to give them a "grandfather" exemption when the ultimate ABUSE ordinance is passed. Mr. Martin
expressed concern about the specificity of the ordinance currently before the Council.
Mr. Martin also asked if the day's ordinance dealt with adult businesses in the downtown
area, and Mr. Bray replied that it did. Mr. Norbert Hart, Assistant City Attorney, said the ABUSE
ordinance being drafted deals with the following zoning districts in the city: all residential;
neighborhood business district; beach design (North Beach); bayfront (not counting zones `B-4,"
"B-5," and `B-6"); and on the island.
Responding to Dr. McNichols, Mr. Bray said the current ordinance did not require existing
adult businesses to shut down, but the draft ABUSE ordinance would leave the question to the
Council of whether the grandfather exemption would be applied for a period of time or permanently.
Dr. McNichols said the current ordinance contained many complex issues, and if morality is to be
Minutes
Regular Council Meeting
November 21, 1995
Page 7
legislated in this city, it should be prospective rather than retrospective.
In reply to Mr. Longoria, Mr. Garza said as it is being designed, the ABUSE ordinance would
not allow any topless bars on Everhart Road. He added that there would be areas in the city where
topless bars could be located.
Mr. Martin asked if the city could, under Texas law, adopt a moratorium and direct the
preparation of an ordinance. Mr. Bray said that generally, with respect to a zoning ordinance, that
could be done. He added that with regard to adult businesses, the courts have said that before that
is possible, the Council needs to consider the data that demonstrates that adult businesses have
adverse secondary effects.
Mr. Bray then referred to Section 2 of the proposed current ordinance, and Mr. Martin made
a motion to amend the ordinance as follows: "Ordinance directing City staff to prepare an
amendment to the Code Of Ordinances, City Of Corpus Christi by adding a new Chapter, Adult
Businesses With Undesirable Secondary Effects (ABUSE) which regulates the location of adult
businesses with undesirable secondary effects and which requires licensing of adult businesses with
undesirable secondary effects; stating the intent of the City Council not to recognize as a protected
nonconforming use any adult business with undesirable secondary effects which began operation
subsequent to November 21, 1995." The motion to amend was seconded by Dr. Best, and it passed
unanimously.
Dr. Best requested more information about the geographic locations that would be allowed
for adult businesses, and Mrs. Cooper asked which cities in Texas have ABUSE ordinances in effect
and which contain retroactive clauses; Mr. Garza said he would provide that information.
City Secretary Chapa polled the Council for their votes as follows:
2. ORDINANCE NO. 022410
Ordinance directing City staff to prepare an amendment to the Code Of Ordinances, City Of
Corpus Christi by adding a new Chapter, Adult Businesses With Undesirable Secondary
Effects (ABUSE) which regulates the location of adult businesses with undesirable
secondary effects and which requires licensing of adult businesses with undesirable
secondary effects; stating the intent of the City Council not to recognize as a protected
nonconforming use any adult business with undesirable secondary effects which began
operation subsequent to November 21, 1995.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Rhodes, Best, Cooper, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye"; Black and Heldenfels voting "No."
Minutes
Regular Council Meeting
November 21, 1995
Page 8
Mayor Rhodes opened discussion on 3, purchase of composting equipment.
Responding to Mayor Rhodes, Mr. Tom Utter, Group Manager for Development Services,
said the $100,000 from the Texas Natural Resource Conservation Commission had already been
received.
Council Member McNichols asked about the maintenance costs of the SCARAB equipment
being considered. Mr. Utter said that staff talked with staff members from other cities using that
equipment, and their maintenance costs ranged from $5,000 to $7,000 a year.
In reply to Council Member Heldenfels, Mr. Utter noted that SCARAB Manufacturing
Company had a $630,000 five-year maintenance agreement, and even though their company
manufactures the equipment, their bid was also $10,000 more than the low bidder (Stewart &
Stevenson). He added that city staff visited Austin to examine their composting equipment.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
3.a. ORDINANCE NO. 022411
Ordinance appropriating $100,000 from the Texas Natural Resource Conservation
Commission (TNRCC) as a matching grant to help purchase a compost windrow turner
machine to facilitate a composting pilot project; amending Ordinance No. 022279 adopting
the FY 95-96 budget by adding $100,000 to the General Fund Solid Waste Services Capital
Outlay.
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."
3.b. M95-334
Motion approving the purchase of a windrow turner composting machine from Stewart &
Stevenson, Inc., Houston, Texas for $193,763 in accordance with Bid Invitation No. BI -
0317 -95. Bid award based on low bid.
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
November 21, 1995
Page 9
Mayor Rhodes opened the public hearing on the Phase IV proposed annexation of the City's
1995 Annexation Program, annexing 3,048 acres of land comprised of eight tracts: A5, A6, A7, A9,
A10, Al 1, Al2, and A13. Five tracts are located in the northwest area of the City in close proximity
to the Five Points intersection, and three tracts are located in the Industrial District No. 1 off of Poth
Lane and Nueces Bay Boulevard.
Using a map, Group Manager Utter discussed the areas proposed for annexation that the
Planning Commission and staff agreed on. He said they agreed that only about half of Tract A9
(which had originally consisted of about 690 acres) would be considered for annexation. In addition,
in Tract A6, the staff and Planning Commission recommended that two subdivisions in that tract --
Rio Lado Acres and Valley View --be deleted from the annexation plan and the rest of the tract would
be considered. He said the staff and Planning Commission also recommended that all of Tract A5
would remain in the annexation plan. Tract A5 consists of River Hills Country Club, Hazel
Bazemore Park, a 35 -acre city -owned tract, as well as privately owned tracts.
Responding to Council Member Heldenfels, Mr. Utter said there were no other residential
subdivisions located in Tracts A6 and A9 that were being recommended for consideration.
Council Member Martin asked if the Council could vote to give the staff direction during the
public hearing regarding which tracts would be eliminated from consideration, and City Attorney
Bray said the Council could do that.
Council Member John Longoria asked why Rio Lado and Valley View subdivisions (located
in Tract A6) were not being recommended for annexation at this time. Mr. Utter replied that
residents from those subdivisions were amply represented during the Planning Commission public
hearing, and they said they were far enough away from the city, and would create a burden to the
city, if they were annexed. They also expressed concern about city ordinances regarding ownership
of livestock on residential property.
Mr. Utter said eventually those two subdivisions would be located in the city's natural
growth pattern and would be annexed, but not at this time. He went on to describe "developmental
pressure" occurring on FM 624 and why some tracts on that thoroughfare were being recommended
for annexation. Mr. Longoria asked about the proposed annexation of Tract A5, which Mr. Utter
described. He noted that the River Hills Country Club golf course, which is already developed, is
completely surrounded by the city, and staff felt it should be annexed. In addition, Hazel Bazemore
Park, which would continue to be operated by Nueces County, is also surrounded by city property,
and staff felt it should be annexed as well. Mr. Utter reiterated that both the Planning Commission
and staff recommended that Tract A5 be annexed in its entirety. A discussion ensued, and Mr.
Longoria expressed concem about fractured annexation in the area. Mr. Utter briefly described tracts
which were not annexed nor recommended for annexation.
Minutes
Regular Council Meeting
November 21, 1995
Page 10
Responding to another question from Mr. Longoria, Mr. Utter said the Police Department
indicated that if half of Tract A9 was eliminated from the annexation plan, the rest of the area could
be serviced with police protection with no additional officers. Mr. Longoria said he disagreed with
some of the areas being recommended for annexation.
Council Member Betty Jean Longoria asked if part of Tract A5 could be considered for
annexation at a later time, similar to the situation with the Quail Valley subdivision in Tract Al. Mr.
Utter replied that there are two principle significant differences between Quail Valley and the golf
course in A5: Quail Valley would have required another police beat, while the golf course would not;
and annexation of A5 was originally considered in 1981.
Mr. Martin questioned the recommendation to include the golf course in Tract A5 in the
annexation proposal, adding that he felt it could be delayed at this time. He added that the 35 acres
owned by the city in A5 and approximately 65 acres of undeveloped land should remain in the
annexation plan.
Mr. Heldenfels noted that Tracts A5, A6, A7, A9 and A10 are all currently being policed by
the Nueces County Sheriff's Department, and he expressed concern about straining the city's
policing capabilities by annexing more tracts of land. Mr. Utter replied that both Police Chief Henry
Garrett and Fire Chief J.J. Adame had said that police and fire protection would be able to be
provided to the areas currently being recommended for annexation.
Mayor Rhodes made a motion to concur with the Planning Commission on deleting the
following areas from consideration for annexation: half of Tract A9; the two subdivisions (Rio Lado
Acres and Valley View) in Tract A6; and all of Tract A5 except the city's 35 acres and the 65 acres
of undeveloped land (in addition, a finding will be made that it is in the public interest not to annex
the rest of Tract A5 at this time). The motion was seconded by Mr. Martin, and it passed
unanimously by a voice vote.
Mr. Utter used a map to describe Tract A7. He noted that during the Planning Commission
public hearing, residents in Nueces River Estates and Lindgren River Lots said that if they could
receive water from the city, they would not oppose the annexation proposal. He said those
improvements are not currently included in the city's Capital Improvement Program. He said the
Planning Commission ultimately voted to exclude all of Tract A7 from the annexation plan. The
staff's recommendation was to annex all of Tract A7 except Nueces River Estates and Lindgren
River Lots.
Responding to Mr. Heldenfels, Mr. Utter said with the exception of the two subdivisions in
Tract A7, the rest of that tract is undeveloped (although part will eventually be developed as the new
city golf course adjacent to the factory outlet mall).
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Minutes
Regular Council Meeting
November 21, 1995
Page 11
Council Member Best made a motion to exclude Nueces River Estates and Lindgren River
Lots in Tract A7 from the annexation proposal, and to make a finding that it is in the public interest
to do so; and to consider annexation of the rest of Tract A7. Mrs. Longoria seconded the motion,
and it passed unanimously.
Mr. Charles Wilson, Route 4, Robstown, said he lives on a small farm in Tract A6 south of
FM 624, fronting on Road 69. He questioned the proposal to annex that area, saying he felt the
growth there was already being controlled through the city's extraterritorial jurisdiction, and
development was not likely, particularly due to drainage problems.
In reply to Dr. Best, Mr. Utter said if Mr. Wilson's property was annexed, his city taxes
would be based on an agricultural exemption as long as his property remained agricultural and
undeveloped.
Dr. Best then made a motion to close the public hearing, seconded by Mrs. Longoria, and
passed unanimously.
Mr. Heldenfels echoed Mr. Wilson's concerns about annexing Tract A6. Mr. Utter used a
map to illustrate how Mr. Wilson's property lies between two areas on FM 624 which are
experiencing developmental pressure. He added that if Mr. Wilson' property was annexed, he would
receive police and fire protection, code enforcement, and vector control services. Mr. Wilson noted
that he receives water services from the city of Robstown. Responding to Mrs. Longoria, Mr. Utter
pointed out that River Ridge subdivision is located to the north of Mr. Wilson's property and
Riverside Hospital and Wal-Mart are nearby.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 5 through 18, and Council Members requested that
Items 8 and 10 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
5. M95-335
Motion approving appointment of Joe Adame to the Corpus Christi Downtown Management
District for a term ending June, 1998.
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
November 21, 1995
Page 12
6. M95-336
Motion approving supply agreements for food items which include canned and frozen fruit
and vegetables, meats, condiments, etc. with the following companies for the following
amounts in accordance with Coastal Bend Council of Governments Bid Invitation No.
CBCOG 95-3 based on low bid, for an estimated six month expenditure of $77,784.12. The
term of the agreements shall be for six months with an option to extend for up to an
additional three months, subject to the approval of the suppliers and the City Manager or his
designee. Funds are budgeted in FY 95-96 by Senior Community Services.
Sysco Foods
Corpus Christi. Texas
$30,997.55
U.S. Food Services, Inc.
Corpus Christi. Texas
$23,920.69
Grand Total:
$77,784.12
Labatt Food Service
Corpus Christi. Texas
$22,865.88
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
7. M95-337
Motion authorizing the City Manager or his designee to execute a software support
agreement in the amount of $22,920.63 with Genasys II, Inc. for a period of one year with
an option to extend the agreement for two additional one-year periods.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
9. M95-339
Motion awarding a contract in the amount of $145,900 to Black & Veatch for engineering
services for the Water System Distribution Master Plan Update.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
11. ORDINANCE NO.022413
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Minutes
Regular Council Meeting
November 21, 1995
Page 13
Agreement with I. Goltzman and Sons for the right to construct, operate and maintain an 8
foot by 9 foot canvass awning at the front entrance of Crawdaddy's Restaurant located at 414
Stan Street. The awning will be installed within City right-of-way; and establishing a fee
of $100.
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."
12. ORDINANCE NO.022414
Ordinance amending Ordinance 021691 passed and approved on June 22, 1993 by amending
Section 3 to adopt the final assessment roll and assessments to be levied against the owners
of property abutting on the following streets included in the Wynn Seale Area Street
Improvements - Phase II project:
16th Street - Ayers to Cole Street
17th Street - Ayers to Cole Street
18th Street - Ayers to Cole Street
Cole Street - 15th Street to 18th Street
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."
13. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 13, Buildings; Construction and Related
Operations; Housing and Housing Premises Standards, Article II, Building and Housing
Standards Code, Section 13-23, Establishing of Organization to enforce Article; Building
Standards Board Subsection (a)(1)(i) to change the composition of the Building Standards
Board; providing for severance; and 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."
14. ORDINANCE NO. 022425
Amending the Code of Ordinances, City of Corpus Christi to create a Municipal Court
Building Security Fund; requiring defendants convicted of misdemeanor offenses in
Municipal Court to pay a $3.00 security fee as a costs of court; providing for severability;
specifying an effective date; and providing for publication.
Minutes
Regular Council Meeting
November 21, 1995
Page 14
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."
15. ORDINANCE NO. 022426
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 second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
16. ORDINANCE NO. 022415
Closing and abandoning a 5,649 square foot portion of a 20 foot wide utility easement
located between Lots 1B and 2, Block 3, Weber's Glen Subdivision; subject to compliance
with the specified conditions; and the owner replatting the property within 180 days at his
expense.
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."
17. ORDINANCE NO. 022416
Closing and abandoning a 1,250 square foot portion of a 10 foot wide utility easement
located between Lots 3R and 4R, Henton Center; subject to compliance with the specified
conditions; and the owner replatting the property within 180 days at his expense.
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."
18. ORDINANCE NO, 022417
Closing and abandoning portions of three street rights-of-way out of Brennan Addition: a
5,471.14 square foot portion of Jack Street right-of-way from 19th Street to Doss Street,
approximately 195 feet in length; a 12,806.64 square foot portion of Doss Street right-of-
way, approximately 213 feet in length extending from Lipan Street to a point approximately
213.45 feet south to the north boundary line of the Priour Tract; and a 8,363.52 square foot
portion of Robert Street right-of-way, approximately 279 feet in length, extending from
Lipan Street to a point approximately 279.02 feet south to the north boundary line of the
r
Minutes
Regular Council Meeting
November 21, 1995
Page 15
Priour Tract; subject to compliance with the specified conditions; the owner replatting the
property within 180 days at his expense.
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 Item 8, Geographic Information System software licenses.
Council Member McNichols asked staff to briefly explain the Geographic Information
System. Mr. Carl Crull, Group Manager for Public Works and Utilities, said the staff had been
working on this system for quite some time. He said the software licenses being recommended for
purchase on the day's agenda would allow for additional workstations to proceed with the GIS utility
layers within the two-year work schedule. Mr. Crull described how the system would be useful once
it is fully operational.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
8. M95-338
Motion authorizing the City Manager or his designee to purchase additional Geographic
Information System (GIS) software in the amount of $46,403 from Genasys II, Inc.
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 10, new Central Power and Light (CPL) rate case.
Responding to Council Member Best, City Attorney Bray said he believes that the Public
Utility Commission is considering different possibilities with regard to a competitive electrical
energy market, and they are supposed to provide a report during the next session of the Texas
Legislature.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
November 21, 1995
Page 16
10. RESOLUTION NO. 022412
Resolution suspending the operation of proposed rate schedules filed by Central Power and
Light Company for a period of ninety (90) days beyond the date on which such schedules
would otherwise go into effect; providing that the rate schedules and service regulations of
CPL shall remain unchanged during the period of suspension; providing for the joining of
the coalition of cities reviewing CPL's rate request; authorizing the steering committee's
selection of attorneys and experts to investigate the rate request of CPL and advocate cities'
interests; specifying no expenditure of city funds; and requiring payment by CPL of
reasonable costs for attorneys and consultants in accordance with state law.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * *
*
Mayor Rhodes called for the City Manager's report. Mr. Garza said staff would bring a
recommendation on the Garwood Irrigation District during the November 28, 1995 Council meeting,
as well as a resolution concerning the Air Quality Committee.
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria referred to a recent article in the local newspaper concerning
the status of the La Plaza project (the old Frost Brothers building). He said that since one of the
developer's deadlines had passed, he felt that the city should give her an extension in order to
continue pursuing some financing possibilities. Mr. Garza said he could bring back some options
for the Council to consider, adding that staff was working with the developer. Mr. Longoria also
asked about the possible appointment of a staff liaison to stay abreast of legislative matters affecting
the city. Mr. Garza replied that he and City Attorney Bray had been investigating the issue and he
would make a recommendation to the Council in the future.
* * * * * * * * * * * *
*
Mayor Rhodes called for petitions from the audience.
Mr. Willis Johnson, 5421 Eden Lane, thanked Council Member Martin for responding to
residents' concerns with Javelina Refining. He said the residents had experienced many health and
safety problems due to their proximity to that plant, and he said they would be forwarding all of their
future concerns to representatives in Washington, D.C.
Mr. R.F. Hasker, 1813 Wallace, questioned the proposal to form a drainage utility.
Minutes
Regular Council Meeting
November 21, 1995
Page 17
Mr. John Webb, 414 Starr, asked about the status of placing an awning at Crawdaddy's
Restaurant, and he was informed that that item passed during the day's Council meeting. He also
asked about loading zones, and Mr. Garza said staff would meet with him following the meeting.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 4:35 p.m. on November 21, 1995.
* * * * * * * * * * * * *