HomeMy WebLinkAboutMinutes City Council - 12/19/1995I 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 December 19, 1995, which were approved
by the City Council on January 9, 1996.
WITNESSETH MY HAND AND SEAL, this 9th day of January, 1996
Armando Chapa
City Secretary
SEAL
WCROf ILMEU
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 19, 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 Rev. E.F. Bennett, following which the Pledge of
Allegiance to the flag of the United States was led by Council Member Best.
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
December 12, 1995, and there being no corrections, she proclaimed them approved as presented.
The Mayor then recognized Mrs. Shirley C. Sharp, Engineering Department, who was
retiring after 15 years of service with the city. Mayor Rhodes also distributed awards for the Winter
Holiday Fantasy Recyclable Art Contest. Mr. R.T. Bruner, Director of Solid Waste Services,
explained that the department sponsors the art contest yearly to teach children about the importance
of recycling. He commended Ms. Estela Garcia (Solid Waste Services), Mr. John Jiles (Recycling
Committee), and Ms. Linda Smith (H.E.B.).
*************
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointment was made:
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Regular Council Meeting
December 19, 1995
Page 2
Airport Advisory Board
Abel Alonzo
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 3 through 9, initiatives at the Bayfront Arts and
Sciences Park.
Mr. Tom Utter, Group Manager for Development Services, described the projects in detail:
Item 3 - utilization of historic homes; Item 4 - lease with the Corpus Christi Ballet in the Sid
Richardson Building; Item 5 - amendment to the lease with Instituto de Cultura Hispanica to relocate
and restore the Tex-Mex Railroad Depot; Item 6 - Museum of Asian Cultures and Education lease
amendment for rehabilitation of their structure; Item 7 - use of warehouses by Harbor Playhouse;
and Item 8 - Regional Transportation Authority/street improvements near the Corpus Christi
Museum.
Mr. Utter then asked Mr. Rick Stryker, Director of the Corpus Christi Museum of Science
and History, to describe the proposal under Item 9 involving the La Salle Collection. Mr. Stryker
noted that a consortium of organizations have pooled their efforts with projects related to the
museum, and he recognized members of those organizations who were present: Museum Advisory
Committee, Friends of the Museum board, Museum Auxiliary Board, and the Columbus Fleet
Association board.
Mr. Stryker explained the historical significance of the recent discovery of the remains of the
1686 La Salle ship, La Belle, in Matagorda Bay, making it the earliest French ship ever found in the
Americas. He said the Corpus Christi Museum staff and the Museum Advisory Committee
recommended that the City Council ask that the Texas Historical Commission consider naming the
Corpus Christi Museum the repository for the shipwreck's artifacts. He said until the recovery
project of the ship is complete, it is not known how many artifacts lay at the bottom of Matagorda
Bay; neither is it known how quickly a repository for the collection will be named.
Mayor Rhodes called for comments from the audience, and there were none.
Responding to Council Member McNichols, Mr. Stryker said it was conceivable that the
Corpus Christi Museum could house the La Belle collection in the existing facility, but that would
depend upon the size of the collection, which is not yet known. He added that it is also possible the
collection could be divided among different repositories.
In reply to Council Member Martin, Mr. Stryker said the proposed resolution would
demonstrate the city's interest in being designated as a permanent repository for the La Belle
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Regular Council Meeting
December 19, 1995
Page 3
collection, but it does not entail any financial commitments on the city's part.
Council Member Cooper said she supported the resolution, adding that the La Belle
collection would tie in well with the city's Sister City Program, including Agen, France.
Responding to a question from Mrs. Cooper, Mr. Utter said the four structures in Item 3 have
been owned by TRT since they purchased the land; however, the houses have continued to
deteriorate and the city would like them to be relocated or they will be demolished.
City Secretary Chapa polled the Council for their votes as follows:
3. M95-356
Motion authorizing the advertising of the availability of four structures located in the block
bounded by Fitzgerald, Chaparral, Palo Alto, and Mesquite to be relocated.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
4. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a twenty year lease with the
Corpus Christi Ballet for city owned property consisting of the Sid Richardson House (Lots
5 & 6, Block 69, Beach Addition), for advancement of ballet; in consideration of a $100 per
month, rehabilitating the Sid Richardson Building, and maintaining the property; 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."
5. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute the first amendment to the
Instituto De Cultura Hispanica lease agreement, to change the location for the building to
Lots 1 and 2, and the remainder of Lots 11 and 12, Block 78, Beach Addition; granting
parking rights in a city parking lot bounded by North Chaparral, North Mesquite, Hughes and
Brewster Streets; extending the effective date of the five year lease; in consideration of
relocating the Tex-Mex Railroad Depot and restoring and maintaining the Depot and
grounds, providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
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Regular Council Meeting
December 19, 1995
Page 4
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
6. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute the second amendment to the
Museum of Oriental Cultures lease agreement with the City of Corpus Christi by changing
the lessee's name to the Museum of Asian Cultures and Education, by extending the time to
begin rehabilitation or construction within six months of the effective date of this
Amendment No. 2 and to complete rehabilitation or construction within nine months
thereafter and terminating the lease agreement if the rehabilitation or construction is not
complete by then, and by adding compliance with ADA requirements.
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."
7. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a ten year lease with Harbor
Playhouse, Inc. for city owned property consisting of the entire northwest warehouse of
approximately 5,000 square feet (Lots 2, 3, 4, 5, and 6, Block 78, Beach Addition) for
warehouse purposes; in consideration of $50 per month; 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."
8. M95-357
Motion directing staff to move forward with RTA/Street improvements on Chaparral and
Mesquite at the Corpus Christi Museum of Science and History.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
9. RESOLUTION NO. 022439
Resolution requesting that the Texas Historical Commission designate the Corpus Christi
Museum of Science and History permanent repository for the artifacts recovered from the
wreck of La Salle's ship La Belle.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
December 19, 1995
Page 5
Mayor Rhodes opened discussion on Item 10, group health benefits agreement. City
Secretary Chapa noted that both the Mayor and Council Member McNichols had filed conflict of
interest affidavits and would refrain from discussing or voting on the matter.
Mr. Pat Alba, Director of Risk Management, explained that when submitting the requests for
proposals (RFPs) for group health benefits, two options were considered: for the city to retain its
self-insured status, or to convert to a fully insured plan. Under the self-insured option, the RFPs
called for quotes for four years of administration, four years for the network, and two years for the
reinsurance. Under the fully insured option, quotes were requested for two years and a formula that
the city could consider for the third and fourth year. Mr. Alba then described in detail the responses
that were received for the RFPs under both options.
Responding to Council Member Betty Jean Longoria, Mr. Alba stated that under the current
health care plan, there are 163 city employees on the health maintenance organization (HMO) plan
offered by Humana. However, an HMO option is no longer required, although RFPs for them were
requested.
Mr. Alba stated that under the fully insured option, four companies submitted proposals: one
by Prudential, one by New York Life and two by Humana. He said the difference in the two
Humana options was that in one, they would administer the run-off claims (the outstanding claims
that are current at any one time --approximately $1.3 million to $1.4 million at this time), and the city
would have to pay them. In the other proposal from Humana, the company would both administer
and pay the run-off claims.
In order to consider the proposals, city staff reviewed health care costs over the last two
years, with the average cost being about $10.3 million to $10.4 million each year (approximately
$20,700,000 for two years). Mr. Alba used charts to compare the self-insured and fully insured
proposals, and it was concluded that the best fully insured option (Humana Insurance Company) cost
approximately $1.5 million less than the best self-insured proposal (John Alden Company). He
emphasized that the RFPs were designed so that the employees would not experience drastic changes
in their health care coverage. He noted that the current and proposed networks do differ slightly in
that certain physicians are covered under one plan but not the other, but there are approximately the
same number of physicians (about 500) in each network. In addition, the Humana network includes
all of the hospitals in the Corpus Christi network, while the current network does not.
He said the staffs recommendation was to adopt the fully insured option offered by Humana
for two years, with an option to extend the contract to a third and fourth year.
Council Member Black expressed concern that several employees would not retain the same
physicians under the recommended proposal as they had under the current plan, and she requested
more information about that. Mr. Alba said that information is confidential and staff is not aware
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Regular Council Meeting
December 19, 1995
Page 6
of how many employees are seeing a particular physician on the plan, but he felt that very few
employees would have to change physicians since many of the same physicians are members of both
networks. He then briefly described changes that have occurred in the city's health care plans in the
last five years.
Mrs. Longoria commented that, as has happened in the past, when a change occurs in a health
care plan, most people are able to find providers with whom they are satisfied. She also commended
city staff for their work on this proposal.
Council Member Martin said companies which had submitted proposals but were not selected
had commented favorably on the city's health care proposal. At Mr. Martin's suggestion, Mr. Alba
introduced staff who had helped prepare the proposal: Wanese Butler, Insurance Benefit Analyst;
Bobby Aguilar, Administrative Assistant; and Michael Scanlon, Assistant City Attorney.
Mr. Martin said that one significant factor in the success of the recommended proposal is the
way in which claims are handled; specifically, the denial of claims. Mr. Alba replied that the
recommended contract calls for the city to be part of the appeals process. Mr. Martin emphasized
the importance of city staff being fully aware of the claims that are denied and the reasons for doing
so. Mr. Martin also asked if the contract contained a unilateral, without cause right -to -cancel clause,
and Mr. Alba said there was one.
In reply to another question from Mr. Martin, Mr. Alba said Humana has offered to reprice
the claims that the city currently owes at a certain percentage of discount and pay them that way.
To further explain, City Manager Garza quoted the proposed contract dealing with the administration
of run-off claims.
Mayor Pro Tem John Longoria called for comments from the audience.
Mr. Chas Pierce, Marketing Manager for John Alden Company in the South Texas area,
discussed his company's proposal, including the run-off claims, out -of -area claims, guarantees, and
network providers. Responding to a question from Mr. Martin, Mr. Pierce said the out -of -area
claims most often are for college-age dependents of city employees and for retired employees living
outside the city. Mr. Martin also discussed the issue of the payment of run-off claims.
Referring to comments made by Mr. Pierce, Mr. Alba said the figure of approximately $1.38
million in current run-off claims was determined during a recent audit, which was close to staff's
estimate of those claims. Mr. Alba also noted that under the self-insured option, the projected claims
are not guaranteed, while under the fully insured option, the premiums paid are a fixed cost, allowing
for better budgeting. He added that if the difference between the self-insured and fully insured
options had been minimal, he would have recommended continuing the self-insured plan. However,
the projected savings are substantial under the proposed fully insured plan.
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Regular Council Meeting
December 19, 1995
Page 7
Mr. Alba also rebutted information that Mr. Pierce had distributed to the Council. He pointed
out that Humana has networks throughout Texas, and Corpus Christi city employees, retirees and
dependents would be able to access discounted rates in several cities. He also reiterated that a large
portion of the city's health care costs are claims, which are not guaranteed under the self-insured
plan, but which are guaranteed in the form of premiums paid in the fully insured plan, guaranteed
for two years with formulas for the third and fourth year.
In reply to Council Member Heldenfels, Mr. Alba said that Humana's extensive statewide
network would be an advantage to city retirees and college-age dependents because they would
receive discounted rates through Humana's providers in different cities. He acknowledged that those
discounts would vary from city to city, but they would still be discounts, as opposed to no out -of -
area discounts at this time.
Mr. Pierce questioned Humana's ability to administrate the run-off claims.
City Secretary Chapa polled the Council for their votes as follows:
10. M95-358
Motion authorizing the City Manager to execute a two-year agreement with Humana
Insurance Company as negotiated by staff to provide Group Health Insurance benefits to the
City of Corpus Christi beginning on March 1, 1996 for premium payments totaling
approximately $8,505,776 per year; and authorizing the City Manager to extend the
agreement for up to two (2) additional one-year terms for premium payments to be
determined in accordance with formula specified in the agreement. This agreement is for the
following estimated cost per year:
Year One $8,505,776
Year Two - $8,505,776
Year Three - Renewable on agreed formula
Year Four - Renewable on agreed formula
The foregoing motion passed by the following vote: Best, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, and Martin voting "Aye"; Rhodes and McNichols abstaining.
*************
Mayor Pro Tem Longoria called for a five-minute recess.
**********
*
**
Mayor Rhodes opened discussion on Item 11, Cayo del Oso utility relocations.
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Regular Council Meeting
December 19, 1995
Page 8
City Manager Garza said this item was the result of a major commitment that the City
Council made in the city's efforts to convert then -Corpus Christi State University into a four-year
university. He added that the establishment of a utilities corridor should minimize the impact on the
environment in that area.
Mr. R.H. Shackelford, Director of Engineering Services, said the project is divided into two
phases: Phase I improves the access from the intersection of Ocean Drive and Alameda east to the
east entrance of Texas A&M University -Corpus Christi (TAMU-CC); Phase II carries the project
from the Ocean Drive/Alameda intersection south to Ennis Joslin and South Padre Island Drive. The
city's agreement with the Texas Department of Transportation (TXDOT) entails the following: that
the city will obtain the necessary permits and perform the necessary environmental mitigation, if
necessary; the city will obtain the necessary right-of-way; and the city will relocate and adjust
utilities. He said the project also calls for an increase in the roadway of four lanes plus a continuous
left -turn lane, curbs and gutters, sidewalk, two bicycle lanes, a 100 -foot bridge, and an increase in
the roadway's elevation from five feet to about 10 feet.
Mr. Shackelford said the expansion of TAMU-CC has increased demand on the city's
utilities in the area, which necessitates an increase in the city's service for both water and wastewater
which can be accommodated through the proposed utility corridor. He said this project also required
a permit from the U.S. Army Corps of Engineers in order to cross the wetlands, as well as
requirements for redundant lines or conduits so as not to further disturb the wetlands (once
construction is completed) should one line fail and another one be needed. He said staff was
recommending that the construction contract for the utility corridor and utility relocations be
awarded to King Isles Inc.
Responding to Council Member Best, Mr. Shackelford said the current water and sewer lines
would have to be removed from under the roadway and relocated in the utility corridor.
In reply to Council Member McNichols, Mr. Shackelford described the reasons for having
to go through the wetlands with the utility corridor. Responding to a question from Council Member
Heldenfels, Mr. Shackelford said J.M. Davidson Inc. was not the low bidder on this project.
Council Member Martin asked about liability, and Mr. Shackelford replied that the contract
specifically states that if any damage occurs to the wetlands, the contractor would be held liable.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
11.a. M95-359
Motion authorizing the City Manager to execute the agreement between the City of Corpus
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Regular Council Meeting
December 19, 1995
Page 9
Christi and Central Power & Light Company (CP&L) for costs in the amount of $301,725
associated with constructing 10,260 feet of 6 inch duct in the City's Utility Corridor crossing
Cayo del Oso, south side of Spur 3, Phase I.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
11.b. M95-360
Motion authorizing the City Manager to execute the agreement between the City of Corpus
Christi and Southwestern Bell Telephone Company (SWB) for costs in the amount of
$176,396 associated with constructing 2,800 feet of 4 inch duct in the City's Utility Corridor
crossing Cayo del Oso, south side of Spur 3, Phase I.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
11.c. ORDINANCE NO. 022440
Ordinance appropriating $301,725 and $176,396 received from Central Power & Light
(CP&L) and Southwestern Bell Telephone Company (SWB), respectively, to the Water
Capital Improvement Fund No. 205 as their respective shares of the Utility Corridor Project;
appropriating $73,000 from the accumulated interest earnings in the 205 Water Capital
Improvement Fund to that Fund to cover costs of the extra utility casing; and amending
Ordinance No. 022394 which approved the FY 1995-96 Capital Budget to increase the Water
Capital Improvement Fund by $551,121, the sum of the above three figures.
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.
11.d. M95-361
Motion awarding a contract in the amount of $1,225,711 to King -Isles, Inc. to construct the
Cayo del Oso Utility Corridor/Utility Relocations.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
*************
Minutes
Regular Council Meeting
December 19, 1995
Page 10
Mayor Rhodes opened discussion on Item 12, annexation program, Phase IV.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
12. ORDINANCE NO. 022441
Annexing adjacent and contiguous territory containing nine 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, Best,
Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No";
J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning cases (Items 13 through
20), all related to the Phase IV annexation program.
Mrs. Orville Dennis appeared to address the previous item (Item 12) regarding the annexation
of property. She said she and her husband have owned 42 acres on F.M. 624 for 47 years (located
in Tract A9) and they have no plans to sell it. She said the reason given for annexing their property
was to control growth and development, but that is already controlled through the city's
extraterritorial jurisdiction. Mrs. Dennis said their property is located across the road from an area
served by the River Acres Water Supply Corporation (RAWS), and she said they were requesting
that their property not be annexed at this time.
Responding to Council Member Martin, Group Manager Utter said RAWS water district
serves three accounts south of F.M. 624, which he pointed out on a map. He noted that Mrs. Dennis'
property is not included in that water district. Mrs. Dennis said the property on the west side of
Road 73 has been for sale for over 10 years, and it is very unlikely development will occur there in
the near future.
Mr. Al Schrader referred to Item 17, Case No. C1195 -7A, and he expressed concern about
the recommendation to zone part of that property "RE" Residential Estate District (on Tract A10.2).
Minutes
Regular Council Meeting
December 19, 1995
Page 11
He said he had acquired over 16 acres of that property and has operated a farm there, and he
questioned the proposed residential zoning. Mr. Utter replied that that zoning designation would not
affect Mr. Schrader's agricultural use. Mr. Schrader also questioned procedures for reimbursement
for a utility line he had laid several years ago, and Mr. Utter said staff would discuss it with him.
Council Member Heldenfels made a motion to close the public hearing, seconded by Council
Member McNichols, and passed unanimously.
Mr. Brandol Harvey, Director of Planning and Development, stated that the reason staff was
recommending "RE" on the subject property was because the lots were subdivided at 2.5 acres, and
"F -R" Farm -Rural District requires a minimum of five acres, which would have made them non-
conforming uses. He said Mr. Schrader's property is larger than the rest and could be zoned "F -R."
Mr. Martin pointed out that it would be advantageous for Mr. Schrader to have the highest zoning
allowed on his property because the value increases.
City Secretary Chapa polled the Council for their votes as follows:
13. Case No. C1195 -3A, Ci y of Corpus Christi: Zone newly annexed area to "F -R" Farm -
Rural District on Tract A5.1 and "R -1B" One -family Dwelling District on Tract A5.2 and
"B-1" Neighborhood Business District on Tract A5.3, bound by the Nueces River on the
north, existing City limits on the east, Farm to Market Road 624 on the south and existing
City limits on the west.
ORDINANCE 022442
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to 35 acres out of Mariano L. de Herrera Grant and 65 acres out
Nueces River Irrigation Park Annex No. 1 by zoning of newly annexed area to "F -R" Farm -
Rural District on Tract A5.1, "R -1B" One -family Dwelling District on Tract A5.2 and "B-
1" Neighborhood Business District on Tract A5.3; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
14. Case No. C 1195-4A. City of Corpus Christi: Zone newly annexed area to districts ranging
from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District to "B-4" General
Business District on Tract A6, bound by Farm to Market Road 624 on the north, U. S.
Highway 77 on the east, County Road 52 on the south and extension of W. Riverview Drive
on the west.
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Regular Council Meeting
December 19, 1995
Page 12
ORDINANCE NO. 022443
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Nueces River Irrigation Park, north half of Blocks 1 and 2,
and McIntyre Partition, Tract 4 by zoning of newly annexed area to "F -R" Farm -Rural
District on Tract A6.1 and "B-4" General Business District on Tracts A6.2, A6.3 and A6.4;
providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
15. Case No. C1195 -5A. City of Corpus Christi: Zone newly annexed area to an "F -R" Farm -
Rural District on Tract A7, bound by the Nueces River on the north and east, the existing
City limits on the south and Interstate Highway 37 on the west.
ORDINANCE NO. 022444
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to 715 acres out of the Gregorio Farias Grant, Abstract No. 592
by zoning of newly annexed area to "F -R" Farm -Rural District on Tract A7; providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
16. Case No. C1195 -6A. City of Corpus Christi: Zone newly annexed area to districts ranging
from "F -R" Farm -Rural District to "B-4" General Business District to "I-2" Light Industrial
District on Tract A9, bound by Farm to Market Road 624 on the north, east line being 1,260
feet west of E. Riverview Drive, south line being 2,200 feet south of Farm to Market Road
624 and west line being 1,930 feet west of County Road 73.
ORDINANCE NO. 022445
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to northwest 259 acres out of the McIntyre Partition and to the
west 98 acres out of Section 4, Wade Riverside, by zoning of newly annexed area to "F -R"
Farm -Rural District on Tract A9.1, "I-2" Light Industrial District on Tract A9.2 and "B-4"
General Business District on Tract A9.3; providing for publication.
Minutes
Regular Council Meeting
December 19, 1995
Page 13
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
17. Case No. C1195 -7A. City of Corpus Christi: Zone newly annexed area to an "F -R" Farm -
Rural District on Tract A10.1 and "RE" Residential Estate District on Tract A10.2, bound
by the existing City limits on the north, the Union Pacific Railroad right-of-way on the east,
and along the south line being 1,570 feet north of County Road 48, U.S. Highway 77 on the
west.
ORDINANCE NO. 022446
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to 378 acres out of Gregorio Farias Grant, Abstract 592 and
southwest 37 acres out of Country Estates Subdivision Unit 4 by zoning of newly annexed
area to "F -R" Farm -Rural District on Tract A10.1 and "RE" Residential Estate District on
Tract A10.2; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
18. Case No. C 1195-8A. City of Corpus Christi: Zone newly annexed area to an "I-3" Heavy
Industrial District on Tract All, located approximately 700 feet south of the Union Pacific
Railroad and approximately 300 feet west of Nueces Bay Boulevard.
ORDINANCE NO. 022447
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to 80 square feet out of the southwest corner of the
Southwestern Tract 2 by zoning of newly annexed area to "I-3" Heavy Industrial District on
Tract All; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
19. Case No. C1195 -9A. City of Corpus Christi: Zone newly annexed area to an "I-3" Heavy
Industrial District on Tract Al2, located west of and adjacent to the present city limit line,
south of the Corpus Christi Ship Channel and approximately 700 feet west of Nueces Bay
Boulevard.
Minutes
Regular Council Meeting
December 19, 1995
Page 14
ORDINANCE NO. 022448
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to portion of Southwestern Tracts 2 and 3 and Union Pacific
Railroad by zoning of newly annexed area to "I-3" Heavy Industrial District on Tract A l2;
providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
20. Case No. C1195 -10A, City of Corpus Christi: Zone newly annexed area to a "B-3"
Business District on Tract A13.1 and "I-2" Light Industrial District on Tract A13.2, located
along the west side of Poth Lane, north of Interstate Highway 37 and along the south line of
the Union Pacific Railroad.
ORDINANCE NO. 022449
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Webb Tract, Tracts 6, 7, 8, 9, 10, 21 and 22 by zoning of
newly annexed area to "B-3" Business District on Tract A13.1 and "I-2" Light Industrial
District on Tract A13.2; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels voting "No."
*************
Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi
Community Improvement Corporation.
The Mayor reconvened the regular Council meeting.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 22 through 28, and Council Members requested that
Items 22, 23, 24, 27, and 28 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
Minutes
Regular Council Meeting
December 19, 1995
Page 15
25. ORDINANCE NO. 022452
Ordinance authorizing the City Manager to execute a Multiple Use Agreement with the
Texas Department of Transportation (TXDOT) to permit the construction, maintenance and
operation of a public Thermal Energy Storage (TES) Tank on the highway right-of-way, U.S.
181 adjacent to the Harbor Bridge.
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."
26. ORDINANCE NO. 022453
Ordinance authorizing the City Manager of his designee to execute a Use Privilege
Agreement with First United Methodist Church to install two permanent pedestal -mounted
floodlights 36 inches high on the sidewalk with appropriate pedestrian protection directly in
front of the statute of Christ located adjacent to the church in the 900 block of Shoreline
Boulevard 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."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 22, supply agreement for emulsion oil.
Responding to Council Member John Longoria, City Manager Garza said that Koch
Materials Company, which is being recommended to supply the emulsion oil, submitted their bid
through their corporate offices in Austin, but the local office will be servicing the contract.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
22. M95-362
Motion approving a supply agreement for approximately 60,000 gallons of emulsion oil (SS -
1) in accordance with Bid Invitation No. BI -0016-96 with Koch Materials Company, Austin,
Texas, based on the low bid of $36,000. The term of the contract will be twelve months with
an option to extend for up to twelve additional months subject to the approval of the supplier
and the City Manager or his designee. This material is used by the Street Department for
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Regular Council Meeting
December 19, 1995
Page 16
maintenance of City streets. Funds have been budgeted by the Street Department for FY 95-
96.
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 23, tax resale deed.
Upon verification by Group Manager Utter, Council Member McNichols pointed out that at
no time was the City of Corpus Christi an owner or one of the taxing entities involved in the property
in question.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 022450
Ordinance authorizing the City Manager to execute a Tax Resale Deed for the consideration
of the sum of $10 cash paid by Nueces County for the City's undivided 64% interest in and
to 30 acres of land out of Padre Island, Nueces County Park, being the remainder of a 50 acre
tract described in Volume 908, Page 399, Deed Records of Nueces County, Texas; save and
accept 20 acres, described in Volume 2103, Page 649, Deed Records of Nueces County,
Texas.
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 opened discussion on Item 24, contract with Flour Bluff I.S.D.
Council Member McNichols commented favorably on this proposal. Mr. Utter explained
that this allows a 6.5 acre piece of property that has taxable and developmental value to be placed
back on the tax rolls. In addition, about 16 acres on the south end that does not have much value at
this time can be used for a school site, which has been needed for years.
Mayor Rhodes called for comments from the audience.
Minutes
Regular Council Meeting
December 19, 1995
Page 17
Ms. Elizabeth Walker, 13969 Dos Marinas, thanked Flour Bluff Independent School District
Superintendent Leroy DeHaven and the Flour Bluff School Board for agreeing to build an
elementary school on Padre Island. She added that she felt the location of the school in that
subdivision would also benefit the city because of the potential for more growth there.
City SecretaryChapa polled the Council for their votes as follows:
24. ORDINANCE NO, 022451
Ordinance authorizing the City Manager or his designee to execute a Quit Claim Deed with
Flour Bluff Independent School District (FBISD) conveying the City's Undivided Tax Lien
Interest in Lot 5, Block 3, Island Fairway Estates, for $10 and a covenant that FBISD will
construct a new Elementary School on Padre Island within 36 months or pay the city $31,500
for its undivided interest; if the school is built FBISD further covenants to allow use of the
school for Latchkey, and both Youth and Adult recreation programs after school and during
vacation periods.
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 opened discussion on Item 27, water toy concession lease agreements.
Responding to Council Member John Longoria, Mr. Malcolm Matthews, Director of Park
and Recreation, said the contract amounts were different because they were all independently bid.
He added that any renewals will automatically have a 10% increase.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
27.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease agreement with Beach Boat
Rentals, Inc. for a non -motorized watercraft operation at Concession Site B on Peoples Street
T -Head through February 15, 1997 with a one year option to renew, and for a rental fee of
$7,761.60 a year with an increase of 10 percent at the time of renewal.
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
December 19, 1995
Page 18
27.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease agreement with Just For
Fun, Inc. for a fast -motorized watercraft operation at Concession Site C on Peoples Street
T -Head through February 15, 1997 with a one year option to renew, and for a rental fee of
$13,200 a year with an increase of 10 percent at the time of renewal.
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."
27.c. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease agreement with Beach Boat
Rentals, Inc. for a slow -motorized watercraft operation at Concession Site E through
February 15, 1997 with a one year option to renew, and for a rental fee of $8,800 a year with
an increase of 10 percent at the time of renewal.
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 opened discussion on Item 28, firearms in city facilities.
Mayor Rhodes called for comments from the audience.
Mr. Shawn Bishop, 15349 Sabre Drive, objected to the proposed ordinance, saying the city
did not have the authority to pass such an ordinance. He added that the Second Amendment of the
Constitution gave citizens the right to protect themselves. Mayor Rhodes pointed out that the
proposed ordinance dealt only with the carrying of firearms on property of the City of Corpus Christi
(with certain exceptions); it did not address the carrying of firearms in other locations in the city.
Mr. Bishop said the ordinance redefined the definition of "premises." City Attorney Bray
reiterated that the ordinance prohibits firearms on city premises. He said the defmition of "premises"
that Mr. Bishop was referring to dealt only with a particular section of the Texas Penal Code. Mr.
Bray said the general definition of "premises" that is used in most of the court cases and in other
situations includes not only a building but also the grounds and adjacent areas. He said staff felt that,
for purposes of this particular ordinance, the broader definition was more appropriate.
Mr. Bray added that under the Attorney General's opinion, the city --like a private property
owner --has the authority to keep people off their premises while carrying weapons. And it is up to
Minutes
Regular Council Meeting
December 19, 1995
Page 19
the property owner to make that provision for part or all of their general premises.
Council Member Heldenfels said the city would have a liability if a citizen is injured from
not being allowed to carry their firearm in a city facility. Mr. Bray said he did not think the city
would be held liable.
City Secretary Chapa polled the Council for their votes as follows:
28. ORDINANCE NO. 022454
Prohibiting the carrying of firearms on property of the City of Corpus Christi, with certain
exceptions; adding a new Section 33-79 to the Code of Ordinances of the City; providing for
penalties; and providing for severability.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels
voting "No."
**********
*
**
Mayor Rhodes called for the City Manager's report. Mr. Garza said he had forwarded to the
Council an implementation schedule for the Capital Improvement Program (CIP). He noted that
there would not be another City Council meeting until January 9, 1996. He said that in early January
he would be forwarding more information about the proposed ordinance regarding adult businesses
with undesirable secondary effects. A workshop on the issue is scheduled for January 16, 1996, with
the first reading scheduled for February 13, 1996. Scheduled for the January 9, 1996 meeting is the
wastewater master plan update and several zoning cases.
Mr. Garza added that U.S. Senator Phil Gramm's office advised staff that the Senate
Environment and Public Works Committee had approved the concept of a new federal courthouse
in Corpus Christi.
Mr. Carl Crull, Group Manager for Public Works and Utilities, said the CIP schedule was
the result of efforts of members of several departments --Capital Budget Office, Engineering
Department, Water, and Wastewater --so that all of the projects would be integrated. Also included
are the projects that are in the operating budget, primarily the utilities, which can be a significant
amount of projects both in terms of time and funds. In addition, if a project is included in the
operating budget it needs to be under contract during that particular fiscal year; an example is major
maintenance work that is needed at the O.N. Stevens Water Treatment Plant and the wastewater
treatment plants. The schedule also includes prior year projects that have not been completed, and
projects that are in the FY 95-96 capital budget. Staff intends to update the Council every six
Minutes
Regular Council Meeting
December 19, 1995
Page 20
months on the CIP's progress and any revisions that might be needed.
* * * * * tt r * r r * *
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria wished everyone a safe and happy holiday season.
Council Member McNichols asked if there would be an upcoming discussion about the bond
rating given the city by Standard and Poor's, and Mr. Garza said there would be. Dr. McNichols
also asked about the city's air quality rating from the Environmental Protection Agency (EPA) and
the Texas Natural Resource Conservation Commission (TNRCC). Deputy City Manager Hennings
said that according to Mr. Barry McBee, TNRCC Chairman, the EPA has stated that regardless of
the area's weather conditions, the city's air pollution exceedences will be given "full credit."
Mr. Hennings added that the EPA would be willing to work with city officials on a flexible
attainment agreement similar to an agreement reached with the City of Tulsa, Oklahoma. If such
an agreement can be put in place before Corpus Christi exceeds the federal standards again, then the
exceedence would not make the city non -attainment. In addition, the TNRCC is working to get the
city's last exceedence declared void because of the work of a highway contractor near the air
monitoring station on that particular day. Mr. Hennings also discussed the worst case scenario, and
Dr. McNichols said the issue needs to be discussed at greater length.
Council Member Martin emphasized that with regard to the city's air quality status, either
the law needs to be changed or a flexible attainment agreement needs to be in place --being
designated as a non -attainment area should not be an option. He said a full report should be prepared
by the first Council meeting in February 1996 on the city's exact status and recommendations to
avoid non -attainment. Dr. McNichols agreed with Mr. Martin on the importance of resolving this
issue very soon and of the many implications that are involved.
Mr. Martin also asked about the status of the city's audit report, and Mr. Garza replied that
it is being printed and a meeting to discuss it will be scheduled. Mr. Martin noted that in the official
statement recently distributed, for July 31, 1995, the city's bond debt service coverage was 71.9%,
while the budget document and the Council's policy was to maintain that figure in the high -70s. Mr.
Garza said he would provide more information in writing, but basically the computation involves
the General Obligation Debt Service that the city has, which as indicated in the budget is 76%. In
computing the figures for the Preliminary Official Statement, the outstanding debt and the
requirement for the reinvestment zone was included (the reinvestment zone has a very small reserve),
which brought the overall figure down.
Mr. Garza said that over the years, the reason there has been a precipitous decline is that the
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Regular Council Meeting
December 19, 1995
Page 21
fund balance in the reinvestment zone has been used to make the annual payments. Mr. Garza said
he wants to keep the city's General Obligation debt separate from the reinvestment zone debt, which
is supposed to be paid from the Downtown Reinvestment Zone; however, it is part of the city's
overall debt and probably should have been included. Mr. Martin expressed concern about the
importance of maintaining the city's debt service fund balance at a certain level.
Council Member Cooper recognized the city employees and volunteers who participated in
the Senior Community Services Christmas Dinner. She also extended holiday greetings to everyone.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. R.F. Hasker, 1813 Wallace, urged the Council to hold a referendum on the water issue.
Mayor Rhodes pointed out that the city has a valid contract with the Lavaca-Navidad River
Authority and there would be nothing for the citizens to vote on.
Mr. J.E. O'Brien, 4130 Pompano, reiterated that he is opposed to what he considers are
"excessive" fund balances, especially when taken in the context of what he said were "phony"
budget figures. He noted that he did compliment the City Manager when he established the reserve
fund for the Choke Canyon debt. He conunented on a secret, out-of-court settlement on the South
Texas Nuclear Project, wherein the owners had sued Westinghouse for $1 billion, but it is not known
how much money Central Power and Light had received.
Mayor Rhodes said the Council did not believe that the city's budget figures were "phony"
(as stated by Mr. O'Brien), and she reiterated that Mr. O'Brien was on record as saying he opposed
having an adequate fund balance, no matter how he wanted to word it.
Responding to Mr. Martin, Mr. Utter said the only two days that there would not be
collection of recyclable materials was on December 25, 1995 and January 1, 1996.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 5:40 p.m. on December 19, 1995.
* * * * * * * * * * * * *