HomeMy WebLinkAboutMinutes City Council - 03/26/1996I 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 March 26, 1996, which were approved by
the City Council on April 9, 1996.
WITNESSETH MY HAND AND SEAL, this 9th day of April, 1996
Armando Chapa
City Secretary
SEAL
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11S
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 26, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Dr. David McNichols
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward Martin
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 (retired), following which the Pledge of
Allegiance to the flag of the United States was led by Council Member Cooper.
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 March
19, 1996, and there being no corrections, she proclaimed them approved as presented.
*************
Group Manager Utter introduced Mr. John Maldonado, Area Director for Community
Planning and Development (CPD) with the U.S. Department of Housing and Urban Development,
and Mr. Philip Aguirre, who oversees Corpus Christi's CPD activities. Mayor Rhodes noted that
the men had been touring Corpus Christi's community development projects, and she read a
proclamation designating April 1-7, 1996 as "National Community Development Week" in Corpus
Christi. Mr. Florencio Sauceda, Director of the city's Community Development Department,
presented a token of appreciation to the Council members on behalf of the many citizens who have
benefitted from the Community Development Block Grant program during the last 22 years.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
March 26, 1996
Page 2
Mayor Rhodes opened discussion on Item 2, a presentation by the Air Quality Committee
on the ozone flexible attainment agreement.
Deputy City Manager Hennings explained that when the U.S. Congress amended the Clean
Air Act in 1990, they established a standard of ozone throughout the country of .12 parts per million.
And while Corpus Christi's ozone levels are usually low, occasional weather events do occur which
allow ozone to build up, which occasionally results in an exceedence of the limit.
Mr. Hennings said that under federal law, Corpus Christi is allowed to have three
exceedences in a three -calendar -year period at each of its two monitoring stations, which he
described. He also explained the possible consequences --which could be considerable --if the city
were to violate the Clean Air Act through ozone exceedences.
He noted that in January 1996 the Council appointed members to the Air Quality Committee
to explore the feasibility of a flexible attainment agreement, and they have been meeting on a weekly
basis. They are making recommendations designed to reduce the emissions of VOCs and ozone,
which should facilitate an agreement with the Environmental Protection Agency (EPA). Mr.
Hennings described certain aspects of those recommendations, including marine vapor control;
industry -small business partnerships; use of clean -burning gasoline and alternate fuels; clean cities
program; increased research; and industry and community cooperation on ozone action days.
Mr. Hennings said the Air Quality Committee will continue to meet until they conclude their
negotiations with EPA, hopefully in the next few weeks, at which time recommendations will be
brought to the Council for their consideration. Mayor Rhodes thanked the members of the
committee for their efforts, in particular Mr. Norman Renfro.
In response to a question from Mayor Rhodes, Mr. Hennings said it is recommended that the
reid vapor pressure of gasoline sold by local refineries be lowered from May through September,
which would probably result in an increase in price between one-fourth of one cent to one-half of
one cent per gallon. The Mayor said an EPA official from Dallas would be willing to meet with the
committee members.
Council Member McNichols asked if the cumulative exceedences were site-specific, and Mr.
Hennings said they were. Mr. Hennings added that staff had asked EPA about the regulation
regarding the time frame in which exceedences occur, and they did not respond. Also, the EPA is
in the process of reassessing the ozone standard and proposing changes to it. Mr. Hennings said the
ozone levels in Corpus Christi are not a public health concern but are a regulatory concern. Dr.
McNichols also thanked Mr. Hennings and the other committee members.
Replying to Council Member Martin, Mr. Hennings said the flexible attainment agreement
will contain some contingencies in the event that the actions being taken to lower ozone levels are
Minutes
Regular Council Meeting
March 26, 1996
Page 3
not successful. Council Members Martin and Heldenfels commented about street construction
contracts which prohibit certain work on ozone action days.
* * * * * * * * * * * * *
Before opening discussion on Item 3, Mayor Rhodes announced that Item 9 (first reading of
a lawn watering ordinance) was being postponed. She then proceeded with Item 3, a presentation
by the Greater Corpus Christi Business Alliance on the Community Progress Partnership.
Mr. Al Jones, past Chairman of the Business Alliance, said they are recommending that the
Alliance and the city officially form a partnership to start a process for receiving community -wide
input about the community's needs. It was recommended that a Special Projects Committee be
formed consisting of 17 people who would represent the following organizations: Business Alliance,
Hispanic and Black Chambers of Commerce, Vision 2000, Museum and attractions community, Park
and Recreation Department, Planning Department, Library, and Senior Community Services. In
addition, the recommendation calls for the committee to be co-chaired by Mr. Jones and U.S.
Magistrate Eduardo DeAses. Mr. Jones said the recommendation included a series of public
hearings as part of the fact-finding process.
Mayor Rhodes commented that the committee members would need to commit a great deal
of time to this effort if it is to be successful, and she compared it with the process that was entailed
in formulating and approving the 1986 bond program. Council Member McNichols emphasized that
whatever recommendations emerge from the efforts of the Community Progress Partnership must
include realistic proposals to fund those recommendations.
Council Member Betty Jean Longoria asked if more than one meeting could be held in the
Council districts, and Mr. Jones replied that the process should include as many opportunities for
input that are reasonable. Council Member Cooper suggested that some of the district meetings be
held during the day.
Council Member Martin made the following motion, seconded by Council Member
Heldenfels:
3. M96-085
Motion accepting and concurring with the recommendations of the Greater Corpus Christi
Business Alliance on the Community Progress Partnership, and directing City Staff to
cooperate with the Alliance in achieving the Community Progress Partnership objectives.
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
March 26, 1996
Page 4
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointments were made:
Library Board
Sue Stanford
Water Conservation Advisory Committee
Ford Patton
W.T. Young
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, tax abatement agreement for CINTAS-RUS Inc.
Group Manager Utter explained that CINTAS-RUS, which provides industrial uniforms in
South Texas, is located in Corpus Christi and presently employs 28 people. He said the company
is proposing to build a $5 million, 50,000 square foot facility within the Industrial Technology Park
which would increase their employees to about 120. This would allow CINTAS-RUS to serve an
area from the U.S.-Mexico border north to Victoria. Mr. Utter said the company qualifies for a 50%
temporary property tax abatement under the city's tax abatement guidelines.
Mr. Mike Carrell, Chairman of the Board of the Greater Corpus Christi Business Alliance,
said the board unanimously approved this proposal. Mr. Carrell then introduced Mr. Gregg Shultz,
General Manager for the local CINTAS facility, and Mr. Matt Szuhaj, a site location consultant,
who explained more about the company.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5. RESOLUTION NO. 022511
Resolution authorizing the execution of an agreement with CINTAS-RUS, Inc. providing for
temporary tax abatement.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 6, Transportation Program grant applications.
Minutes
Regular Council Meeting
March 26, 1996
Page 5
The Mayor noted that there was an amendment to the two proposed resolutions. Council
Member Martin made a motion to accept those amendments as presented by staff, seconded by
Mayor Rhodes, and passed unanimously.
Mr. R.H. Shackelford, Director of Engineering Services, said staff was requesting the
Council's support for two projects to be submitted to the Texas Department of Transportation
(TXDOT) for funding consideration during the third and final call of the Statewide Transportation
Enhancement Program.
He said the first project entailed improvements to Water Street, between Kinney Street and
Interstate 37. Specific problems that the project proposes to address include: a provision for
designated mid -block crossings; an increase in night time illumination along the length of the
project; installation of pedestrian signals at intersections with special crosswalk paving; various
types of pedestrian amenities; and landscaping and other beautification. He said it incorporates the
basic elements included in the VISION document of the Heart of Corpus Christi, which was
incorporated into the South Central Area Development Plan in October 1991.
Mr. Shackelford said that the Downtown Management District (DMD) voted to assist the city
with funding of the Water Street Improvements if the project is selected, although a specific amount
was not determined at this time. With an estimated total project cost of approximately $2 5 million,
the local 20% matching funds would be $500,000. He added that the Transportation Advisory
Committee endorsed the Water Street project as proposed. Mr. Shackelford then used a map to
further describe the project.
Responding to a question from Council Member John Longoria, Mr. Shackelford explained
that the Regional Transportation Authority is currently installing six handicapped ramps in that area
at a cost of about $100,000, which will still be used for approximately three more years even if the
Water Street improvements are funded by the Texas Transportation Commission.
In reply to Council Member Black, Mr. Shackelford said that if the proposed design is
adopted there would be a pedestrian crossing area, but the width of the sidewalks would not change
except at the corners (with the construction of "bulb -outs"), and the parking would remain the same.
Council Member Best asked if provisions had been made for proper watering of the
landscaping, and Mr. Shackelford said they had.
Mr. Shackelford then went on to discuss the second project being proposed. He referred to
a map of the Gateway Park project, noting that it consists of two phases: Phase I includes the area
associated with IH -37 and the proposed new federal courthouse (two contracts); Phase II consists
of the area on Shoreline Boulevard from Peoples Street to Palo Alto.
Minutes
Regular Council Meeting
March 26, 1996
Page 6
Mr. Shackelford explained the City has the opportunity to leverage monies and services
already committed to the Gateway Park project to fund the restoration of the exterior of the old
Nueces County Courthouse, which he described (including the demolition of the 1961 courthouse
annex). He noted that no interior work on the old building would be included at this time.
Mr. Shackelford added that the Devary Durrill Foundation will be the project sponsor and
is responsible for preparing and submitting the project nomination, while the city would need to
commit to the local funding match of 20% and to administering the contract with TXDOT.
Council Member Heldenfels said he supported the Water Street improvements but he was
totally opposed to the Gateway Park project, including the proposed renovation of the exterior of the
old courthouse. Mayor Rhodes pointed out that the Council would be voting on the resolutions
concerning the two projects separately.
Responding to Council Member Martin, City Manager Garza said the city may be able to use
an in-kind match or private funds for the local 20% match. Mr. Martin then asked if the submittal
of more than one project would jeopardize the funding, and Mr. Shackelford said it would not. Mr.
Martin commented that the courthouse project made sense for many reasons, including the fact that
a historical covenant exists on the building until 2018, and since many complaints concern its
external appearance.
Council Member Best said he wanted some assurance that the courthouse had the structural
integrity to salvage it. Ms. Brooke Sween -McGloin, a local architect, explained that the project's
budget includes funds for structural engineering services to review the building's structural integrity.
She added that all of the reports indicate that the courthouse's problems arise from the use of brick
tie -backs on the veneer, which would be replaced if the project is funded. Dr. Best then inquired
about the building's interior, and Ms. Sween -McGloin said all of the mechanical, electrical and
plumbing would need to be replaced, but that would be another project. She added that Justice
Building Inc. owns the old courthouse and it would be their responsibility to maintain it.
Council Member Cooper expressed support for both projects, and asked if the Texas
Historical Society had approved the renovation of the courthouse's exterior. Ms. Sween -McGloin
said the society had and it vowed to assist the city if necessary.
Responding to Council Member McNichols, Ms. Sween -McGloin reiterated that the
courthouse project was viable. Dr. McNichols also asked about the funding for the Gateway Park
project. Mr. Shackelford replied that the funding is derived from a variety of sources, including the
Texas Parks and Wildlife Department ($500,000), TRT Holding ($500,000), Regional
Transportation Authority ($300,000), Permanent Art Trust Fund ($215,000), Downtown
Management District ($200,000), and funds for property for the new federal courthouse from the
General Services Administration. Dr. McNichols pointed out that the funding source for the
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Regular Council Meeting
March 26, 1996
Page 7
Statewide Transportation Enhancement Program was the Intermodal Surface Transportation
Efficiency Act (ISTEA), which was established by the federal government.
Mr. Heldenfels pointed out that the ISTEA funds were tax monies; responding to a question
from Mr. Heldenfels, Mr. Garza noted that the Permanent Art Trust Fund is raised primarily through
the city's hotel/motel taxes.
Council Member Betty Jean Longoria commended the projects, and asked if the city could
partner with Nueces County in acquiring funds for the old courthouse's renovation. Mr. Garza said
staff had not approached county officials about that prospect but had discussed it themselves. Mr.
Shackelford noted that the projects would need to be considered by the Municipal Planning
Organization, which includes representatives from Nueces and San Patricio counties.
Mrs. Black expressed her support for the proposals.
Mayor Rhodes called for comments from the audience.
Mr. Gordon Landreth, Vice Chairman of the Downtown Management District (DMD), said
the DMD has not been able to pledge the taxes it collects from downtown business owners on the
old courthouse's renovation since it has been privately owned, but this project may finally provide
the opportunity to do so.
Mr. Jimmie Till, 1265 Southern Minerals Road, asked if property owners adjacent to Water
Street would be assessed taxes for its improvements, and Mr Garza said they would not be.
Responding to another question from Mr. Till, Mayor Rhodes said the action the Council was taking
during the meeting was to approve the application for the funding of the proposed projects.
Mr. Leon Perez, 904 Buford, called the old courthouse an architectural nightmare, and
objected to its renovation.
Mr. Abel Alonzo, 1701 Thames, agreed that the funding source was taxpayers' monies, but
he added that if Corpus Christi did not apply for that funding, it would be awarded to other
communities and this city would not benefit from it.
City Secretary Chapa polled the Council for their votes as follows:
6.a. RESOLUTION NO. 022513
Resolution authorizing the City Manager or his designee to submit enhancement project
application for Water Street improvements between Kinney Street and Interstate 37 for the
Statewide Transportation Enhancement Program, as administered by the Texas Department
Minutes
Regular Council Meeting
March 26, 1996
Page 8
of Transportation, and an expression of the City of Corpus Christi's willingness to commit
to the minimum 20 percent local funding match funds from the Gateway project for the
required 20 percent funding match estimated at $500,000 for the Water Street project cost.
The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
6.b. RESOLUTION NO. 022512
Resolution authorizing the City Manager or his designee to submit enhancement project
application for the Old Nueces County Courthouse: Exterior Rehabilitation/Gateway Park
Phase I, Contract II for the Statewide Transportation Enhancement Program, as administered
by the Texas Department of Transportation, and an expression of the City of Corpus Christi's
willingness to commit "in-kind" matching funds from the Gateway project for the required
20 percent funding match estimated at $1,000,000 for the Old Nueces County Courthouse:
Exterior Rehabilitation/Gateway Park Phase I, Contract II.
The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting
"No."
*************
Mayor Rhodes opened discussion on Item 7, telecommunications franchises for fiber optic
companies.
Deputy City Manager Hennings said the franchise applications were made by two
competitive access providers --American Communications Services of Corpus Christi Inc. and KMC
Southeast Corp. He said that presently, if a company wished to access long-distance service, data
transmission or other kinds of telecommunications services, it has to go through the local telephone
company. Companies such as these provide an altemative by running their own cable and providing
access without using the local telephone company.
Mr. Hennings said the city currently has franchise agreements with Central Power and Light,
Southwestern Bell, and TCI Cablevision. The proposed franchises would be similar and, in fact,
another company has already indicated its interest in acquiring a franchise agreement with the city
at its next Council meeting on April 9, 1996. Mr. Hennings discussed aspects of the proposed
franchise agreements.
Mr. Hennings said both American Communications and KMC want to begin operation here
as soon as possible; as a result, staff recommended that one-year franchise agreements be approved
Minutes
Regular Council Meeting
March 26, 1996
Page 9
in addition to the seven-year franchises due to the waiting periods included in the longer franchises.
Also, there is a proposed ordinance that would delegate to the City Engineer authority to grant the
companies special use permits so they could commence construction immediately at their own risk
if they so chose.
Responding to Council Member Martin, Mr. Hennings said the companies' plan is not to
serve subdivisions but rather the more intensely developed business community. He noted that their
construction would extend over a period of months and they would have to coordinate with and
receive permits from the City Engineer.
Mr. Martin questioned whether the companies would really be commencing operation at their
own risk when the City Engineer would be granting them a permit. City Attorney Bray replied the
company was taking the risk that the franchise would not be approved on second reading. He added
that the city grants revocable easements for many reasons. Mr. Martin objected to the proposed
ordinance granting special use permits, and asked if such an ordinance had been approved in the
past; Mr. Bray replied that it had not. A brief discussion ensued.
Responding to Council Member Best, Mr. Bray said that if the company were no longer in
business after the seven-year franchise agreement expired, and the city did not want to assume its
equipment, the company would have an obligation to remove it.
Mayor Rhodes called for comments from the audience.
Mr. John Bell, a local attorney representing American Communications Services (ACS), said
the company was prepared to invest several million dollars in a fiber optic system in Corpus Christi
that would make it competitive with several other Texas and southern cities. He said the sole reason
for the special permit was for ACS to commence the testing and preliminary studies. Responding
to a question from Mr. Martin, Mr. Bell said ACS would be able to submit the plans for construction
but would not be able to do any preliminary work or testing on the city streets without a permit.
Mr. Bell introduced Ms. Michelle Shine, Director of External Affairs for ACS, who said her
company has been reviewing the possibility of locating a fiber optic network in Corpus Christi for
over seven months. She said ACS has 11 networks in the southern United States, including four in
Texas. She said ACS's network provides an economic development tool in attracting new
businesses and better serving those already here.
Ms. Tricia Breckenridge, Vice President of CAP Development for KMC Southeast, said her
company anticipates investing between $5 million to $7 million on a fiber optic network here. She
further explained the structure of the network, including finances. Responding to Dr. Best, Ms.
Breckenridge acknowledged that KMC and ACS were competitive. She added that they generally
access the rights-of-way of other entities and do not tear up city streets to lay their networks.
Minutes
Regular Council Meeting
March 26, 1996
Page 10
City Secretary Chapa polled the Council for their votes as follows:
7.a. FIRST READING ORDINANCE
Granting to American Communications Services of Corpus Christi, Inc. a non-exclusive one-
year franchise to construct, maintain, and operate in designated portions of public rights-of-
way telecommunication facilities for the purpose of providing services within the city and
future additions thereto.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting
"No."
7.b. FIRST READING ORDINANCE
Granting to American Communications Services of Corpus Christi, Inc. a non-exclusive
seven-year franchise to construct, maintain, and operate in designated portions of public
rights-of-way telecommunication facilities for the purpose of providing services within the
city and future additions thereto.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting
"No."
7.c. FIRST READING ORDINANCE
Granting to KMC Southeast Corp. a non-exclusive one-year franchise to construct, maintain,
and operate in designated portions of public rights-of-way telecommunication facilities for
the purpose of providing services within the city and future additions thereto.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting
"No."
7.d. FIRST READING ORDINANCE
Granting to KMC Southeast Corp. a non-exclusive seven-year franchise to construct,
maintain, and operate in designated portions of public rights-of-way telecommunication
facilities for the purpose of providing services within the city and future additions thereto.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Minutes
Regular Council Meeting
March 26, 1996
Page 11
Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting
"No."
7.e. ORDINANCE NO. 022514
Ordinance authorizing the City Engineer to grant Special Use Permits for designated portions
of rights-of-way to persons in the process of obtaining non-exclusive franchises to construct,
maintain, and operate telecommunications facilities.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, and B. Longoria voting "Aye"; Heldenfels, J. Longoria,
Martin, and McNichols voting "No."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 8, Whitecap Wastewater Treatment Plant
expansion.
Mr. Shackelford explained that in 1982, the city assumed responsibility for the Whitecap
Plant when Padre Island was annexed. The plant was sized at 0.5 million gallons per day (MGD)
with a 20/20 discharge permit. In 1988, the plant exceeded its hydraulic capacity, and an expansion
to 0.8 MGD was undertaken to satisfy regulations. The expansion of 0.3 MGD was selected in order
to have a fast turnaround on design and construction, as well as to minimize costs. The major
element was the construction of a 2 MGD clarifier.
He said that by 1990, development on the island had increased and the plant's limits were
again being approached. Following studies by a consultant and actions taken by the Texas Natural
Resource Conservation Commission (TNRCC), it was recommended that the plant be expanded to
2.5 MGD since it would provide for easy incremental expansion to 5 MGD while still retaining the
20/20 permit. This would forestall the extra costs of having to incorporate the 10/15/3 treatment
earlier than necessary. Additionally, the consultant recommended retrofitting the plant and
incorporating specific elements to achieve long-term operational efficiencies, satisfy community
concerns, and provide for cost-effective expansion in the future.
Mr. Shackelford also described the proposed contract, including the original project estimate,
budget modifications that were made, and the bid process and results. He said that Belmont
Constructors of Houston was the low bidder on the base bid and deductive alternate, as well as the
total of all bid items. Mr. Shackelford explained why the actual bid exceeded the engineer's estimate
by $393,000 or 8.1%, and why staff recommended proceeding with the project. He noted that design
of the next expansion should be necessary in about 18 years after this project is completed. He also
went on to describe the three other proposals that staff was recommending.
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Regular Council Meeting
March 26, 1996
Page 12
Responding to Council Member Martin, Mr. Shackelford said the project would include a
qualified full-time resident inspector, in addition to periodic inspections by the design engineer. Mr.
Martin noted that he has had extensive conversations about this project with Mr. Shackelford, Mr.
Garza, Mr. Carl Crull, Group Manager for Public Works and Utilities, and Mr. Wayne Cockroft,
Wastewater Superintendent. He said the reason this plant expansion is so much more expensive than
a typical treatment plant is due to the necessary inclusion of features that were not available when
it was first constructed. Also, in order for the plant to receive a permit, a total redundant clarifier
system (that is not necessary for capacity) needed to be built; a side benefit is that that system may
be useful in the event of a future expansion.
Council Member McNichols pointed out that there are other factors that increased the plant's
cost, such as a change in the disinfection process. Responding to a question from Dr. McNichols,
Mr. Shackelford said the TNRCC told staff that a more stringent permit would not be necessary until
after the plant exceeds its 5 MGD capacity. He added that the next expansion, in terms of cost per
gallon, should be less since the major cost elements were being addressed now.
In reply to Council Members Heldenfels and Martin, Mr. Shackelford reiterated the purpose
of installing the second clarifier and other necessary elements, and briefly discussed the role of the
resident inspector. He added that staff is in negotiations with Naismith Engineering about the odor
control situation at the Oso Treatment Plant.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
8.a. ORDINANCE NO. 022515
Ordinance appropriating interest in the amount of $525,000 earned on funds transferred into
the Sanitary Sewer Capital Improvement Fund from the Padre Island Escrow Fund and the
Whitecap Plant Expansion Fund; amending Ordinance No. 022394 that adopted the FY 95-
96 Capital Budget to increase appropriations in the Sanitary Sewer Capital Improvement
Fund by $525,000.
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."
8.b. M96-072
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
Contract for Engineering Services for the Whitecap WWTP Expansion which provides for
changing the name of the engineering firm to Shearer, Coym & Rehmet Engineering
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Regular Council Meeting
March 26, 1996
Page 13
Company and authorizes an increase in the contract in the amount of $150,000 to provide a
resident project representative at the construction site.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
8.c. M96-073
Motion awarding a contract in the amount of $5,232,600 to Belmont Constructors for the
Whitecap WWTP Expansion from 0.8 MGD to 2.5 MGD.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
8.d. M96-074
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$20,000 with Gulf Coast Testing Laboratory, Inc. for testing services associated with the
expansion of the Whitecap WWTP from 0.8 MGD to 2.5 MGD.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Mayor Rhodes noted again that Item 9 (below) had been postponed.
9. POSTPONED
publication., and piev:d:ng forsev.,rancc.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 10, amendment to the Water Conservation and
Drought Contingency Plan.
Mr. James Dodson, Regional Water Director, explained that following their recent
appointment, the members of the Water Conservation Advisory Committee met on March 20, 1996
to discuss several issues. During that meeting they voted to recommend that the Condition I trigger
level contained in the city's Water Conservation and Drought Contingency Plan be raised from the
current 28% of system capacity to 40%.
Minutes
Regular Council Meeting
March 26, 1996
Page 14
Council Member Martin questioned a statement in the proposed ordinance which read, "City
Council declares drought condition exists and implements water conservation and rationing plan."
Mr. Dodson replied that in Condition I there are no measures to ration or allocate water. Mr. Martin
then asked if that statement could be deleted, and Mr. Dodson said it could be prior to second
reading. A brief discussion ensued.
Responding to Council Member Heldenfels, Mr. Dodson said the Water Conservation
Advisory Committee members would be further reviewing the rest of the plan.
Council Member McNichols said that raising the Condition I trigger level to 40% is intended
to alert citizens to an impending water shortage and to begin to make plans for it. He noted that the
difference between today's situation and the drought of 1983-84 is that the Choke Canyon Reservoir
is now on-line, providing for greater capacity.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
10. FIRST READING ORDINANCF
Amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation,
Section 55-156, Water Conservation and Drought Contingency Plan.
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 Items 11 and 12, taxicab certificates of convenience and
necessity. She said Council Member Cooper would abstain from discussing or voting on both items.
City Manager Garza briefly explained the present situation concerning the taxicab companies
in the city, including a bankruptcy involving one of the companies. He said that staff was
recommending deleting the requirement of convenience and necessity to obtain a certificate to
operate a taxicab service; he said the market should determine the appropriate number of cabs. Mr.
Garza said the city staff s focus should be on ensuring that the cabs are safe and clean and operated
by financially responsible companies.
Council Member Heldenfels said he agreed with the staffs recommendation in Item 11,
saying the current system was overly bureaucratic.
Council Member Martin asked if certain requirements, such as condition of the cabs and
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March 26, 1996
Page 15
insurance, could be enforced without the certificates of convenience and necessity. Mr. Garza
replied that the cab companies would still be obtaining their certificates to operate their cabs from
the city and they would still be inspected. He said an issue of concern has been the amount of
insurance the cab companies have been carrying. Mr. Martin said that by eliminating the
convenience and necessity provision, there could be a tendency for cab service to deteriorate by
becoming a part-time service, thus preventing almost all operators from earning a decent living.
Responding to a question from Mr. Martin, Mr. Garza said the practice in other cities varies
from strong regulation with a fixed number of cabs to no established number of cabs. He added that
the cabs in Corpus Christi would still be required to have a radio service.
Mayor Rhodes called for comments from the audience.
Mr. Hal George, a local attorney representing Padre Island Shuttle, which operates American
Cab Company, said it is one of two cab companies that is currently certified, licensed and operating
legally. He said his client basically supports Item 11, saying the free market should determine the
amount of cabs operating in the city. He added that companies should be required to show financial
responsibility when they apply for an operators certificate.
Mr. Les Cassidy, an attorney representing Mr. Sterling Branscum and about 15 former
employees of Yellow Cab company, said his clients also support Item 11 because many of the cabs
in Corpus Christi are owner/operated. But with the current system, they have to operate under the
umbrella of a permit -holder. He said due to the bankruptcy situation, a crisis in cab service was
narrowly averted by allowing some of the cabs to operate under a temporary certificate.
Mr. David Moore said he used to drive a cab for Yellow Cab. He said if Item 11 were
approved, it would flood the market with cabs and the operators would not be able to make money.
Mr Pinkie Eldridge, owner of Pinkie's Taxi Company, said the number of cabs should be
controlled, and he advocated mandatory drug testing. He also suggested that a board or committee
be formed consisting of people familiar with the operation of cabs to make suggestions about their
regulation.
The owner of Star Cab Company warned against flooding the market with cabs.
Mr. Abel Alonzo expressed concern about the reliability and responsibility of the cab
operators.
Mr. Heldenfels asked about the definition of a lease/owner. Mr. Eldridge said a lease/owner
is a person who purchases a cab and then signs an agreement with a cab company owner to operate
that cab on that line. A brief discussion ensued.
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March 26, 1996
Page 16
Mr. Tom Castner said he has worked for Yellow Cab for three years, the last two years as
an owner/operator. He said owner/operators provide better quality cab service than others.
Mr. Martin said that if Item 11 were approved it would change a system that has been in
existence for many years. He pointed out that the city sets the rates for cab service as well. He
suggested that the Council approve the certificates of convenience and necessity as recommended
in Item 12, and reconsider concerns raised about Item 11. Mayor Rhodes said Item 11 would be
postponed at this time.
11. POSTPONED
Responding to Council Member John Longoria, Mr. Garza said staff needs to find a better
way of determining a company's financial stability while maintaining a sufficient level of insurance.
Mr. Longoria then asked about mandatory drug testing, and City Attorney Bray replied that a city
could probably require it, but he said he did not know whether it would be feasible.
Mayor Rhodes and Council Member Black requested more information about the practices
in other cities and the taxi situation in Corpus Christi.
Mr. Martin made a motion to amend Item 12.e. as recommended by staff; the motion was
seconded by Mr. Heldenfels, and passed unanimously. Mr. Martin also asked the City Manager to
come back within about 30 days with a recommendation about the convenience and necessity
provision after having discussed the issue with representatives of the cab companies.
City Secretary Chapa polled the Council for their votes as follows:
12.a. RESOLUTION NO. 022516
Resolution authorizing the issuance of a Certificate of Convenience and Necessity to King
Cab Company, Mr. Howard King, owner, for the operation of a maximum of five taxicabs
within the City of Corpus Christi for a five-year period; subject to compliance with all terms
and conditions established in Chapter 57, Article II, Taxicabs of the Code of Ordinances.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining.
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Page 17
12.b. RESOLUTION NO. 022517
Resolution authorizing the issuance of a Certificate of Convenience and Necessity to Pinkie's
Taxi Company, Mr. Pinkie Eldridge, owner, for the operation of a maximum of five taxicabs
within the City of Corpus Christi for a five-year period; subject to compliance with all terms
and conditions established in Chapter 57, Article II, Taxicabs of the Code of Ordinances.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining.
12.c. RESOLUTION NO. 022518
Resolution authorizing the issuance of a Certificate of Convenience and Necessity to Star
Cab Company, Mr. Tommie Roy Cage and Mr. Joe Emanuel, owners, for the operation of
a maximum of six taxicabs within the City of Corpus Christi for a five-year period; subject
to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs
of the Code of Ordinances.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining.
12.d. RESOLUTION NO. 022519
Resolution authorizing a Certificate of Convenience and Necessity to Classy Taxi Company,
Mrs. Margarita Lopez, owner, for the operation of a maximum of five taxicabs within the
City of Corpus Christi for a five-year period effective immediately subject to compliance
with all terms and conditions established in Chapter 57, Article II, Taxicabs of the Code of
Ordinances.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper abstaining.
12.e. RESOLUTION NO. 022520
Resolution authorizing the issuance of a Certificate of Convenience and Necessity to
Branscum Transportation Service, Inc., dba Yellow Taxi Cab Company, Jack Sterling
Branscum, President, for the operation of a maximum of fifteen (15) taxicabs within the City
of Corpus Christi through April 9, 1996; subject to compliance with all terms and conditions
established in Chapter 57, Article II, Taxicabs, of the Code of Ordinances; and continuing
and deferring further proceedings.
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Page 18
The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper
abstaining.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 13, mobile data system.
Responding to a question from the Mayor, City Manager Garza said that since a funding
source for the city's portion had not yet been identified, the proposal was conditional upon
appropriation at a subsequent date.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
13. M96-075
Motion authorizing the City Manager to execute an agreement on behalf of the City of
Corpus Christi with Ericsson, Inc. to upgrade the 800 MHZ radio system owned by the City
of Corpus Christi, Nueces County, and the Regional Transportation Authority (RTA). The
cost of the upgrade will be $700,000 of which $350,000 is to be paid by the City, $144,000
by the County, and $206,000 by RTA.
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 14, appointment of the Bicycle Subcommittee.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
14. M96-076
Motion approving the request of the Transportation Advisory Committee for authorization
to appoint a Bicycle Subcommittee to assist in obtaining public input for bikeways and safe
and efficient bicycle transportation throughout the community.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
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March 26, 1996
Page 19
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 15, new utility billing system financing option.
City Manager Garza said during the previous presentation on this proposal, staff had
recommended an outright purchase of the entire system, but the Council expressed a desire to
finance it over a period of years. Consequently, staff reworked the proposal and determined the
amount of the system that could be financed and which portion would need to be purchased.
Responding to Council Member Best, Mr. Garza said this proposal would provide a much-
needed modernization of the city's billing system.
In reply to Council Member Black, Mr. Jorge Garza, Group Manager for Administrative
Services, said the amount paid in interest charges would be $264,000 over five years. Mrs. Black
questioned whether the city could afford the system at this time, and Mr. Garza said it could.
Council Member John Longoria asked if the financing agreement allowed for an early
payment of the debt, and Mr. Garza said that it did. Mr. Longoria said this billing system would
result in better service for citizens.
Council Member Martin asked several questions about the financing proposal. City Manager
Garza said that the city will ultimately pay slightly more in interest charges than it will earn through
the escrow account. Mr. Martin pointed out that under this approach, the city would be maintaining
its emergency cash reserves.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
15.a. M96-077
Motion authorizing the City Manager or his designee to execute a contract with the firm of
HTE, Inc. for $2,050,950 to purchase a utility customer information and billing system and
related services.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
15.b. RESOLUTION NO. 022521
Resolution authorizing the City Manager or his designee to execute a Master Equipment
Lease/Purchase agreement with Diversified Lenders, Inc. to finance $1,771,000 of the
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March 26, 1996
Page 20
purchase price for the utility customer information and billing system and related services;
and authorizing the City Manager or his designee to execute such other documents as may
be necessary or appropriate to implement this Master Equipment Lease/Purchase agreement,
including an escrow agreement between the City, Diversified Lenders, Inc., and NationsBank
of Texas, N.A.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * *
*
Mayor Rhodes opened the public hearing on the following zoning case:
16. Case No. 296-1. Deluxe Properties' A change of zoning from "B-1" Neighborhood Business
District to "B-4" General Business District on Gardendale Unit 2, Block 5, Lots 16A, 16B
and 17, located on the southwest corner of South Staples Street and Curtis Clark Drive.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning application. Council Member Best made a motion to close the public hearing,
seconded by Council Member Heldenfels, and passed unanimously.
Responding to Council Member McNichols, Group Manager Utter said that the business on
this subject property was one of the sexually oriented businesses that was considered to have been
in operation prior to December 27, 1995, which would allow it to be "grandfathered" if a pending
ordinance regulating adult businesses is adopted. Dr. McNichols asked if the restaurant/night club
could legally be established as a sexually oriented business in "B-1" zoning under the city's current
regulations. Mr. Utter replied that it could under the condition of being a restaurant but not a bar.
Mayor Rhodes said she would reopen the public hearing to allow the applicant to make a
presentation.
Mr. Clark Flato, representing the applicant, said the purpose of attempting to change the
zoning on that property had nothing to do with its use. He said an individual owned three particular
adjacent properties and wanted to make them compatible and competitive with the surrounding "B-
4" zoning.
Responding to Council Member Martin, Mr. Flato said the individual also owned the
transmission shop and the lot where Club Robert is located. A discussion ensued regarding the
definition of a restaurant versus a bar.
Mr. Martin pointed out that the action the Council took on this zoning application had
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March 26, 1996
Page 21
nothing to do with whether there is or is not a topless bar at that location. Dr. McNichols added that
the Council had to apply the zoning rules in this case in the same way they apply them in all other
situations. Mayor Rhodes noted that the zoning change does not change the business's current
usage, but she did not agree that that was a good "B-4" use.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022522
Amending the Zoning Ordinance upon application by Deluxe Properties, by changing the
Zoning Map in reference to Gardendale Unit 2, Block 5, Lots 16A, 16B and 17, from "B-1"
Neighborhood Business District to "B-4" General Business District; providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following vote: Best,
Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Rhodes and
J. Longoria voting "No."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
17. Case No. 296-2. Intervest Corporation: A change of zoning from "R -1B" One -family
Dwelling District to "A -1A" Apartment House District on Flour Bluff and Encinal Farm and
Garden Tracts, Section 28, 14.562 acres out of Lot 12, located on the east side of Lexington
Road, approximately 235 feet south of South Padre Island Drive.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "A -1A"
District, and in lieu thereof, approval of an "A-1" Apartment House District.
No one opposed the zoning application. Council Member Best 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:
ORDINANCE 022523
Amending the Zoning Ordinance upon application by Intervest Corporation, by changing the
Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 28,
14.562 acres out of Lot 12, from "R -1B" One -family Dwelling District to "A-1" Apartment
House District; providing for publication.
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Page 22
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 the public hearing on the following zoning case:
18. Case No. 296-3. Albert P. Perez. A change of zoning from "R -1B" One -family Dwelling
District to "R-2" Multiple Dwelling District on Laguna Acres, Block 6, Lot 10, located on
the south side of Home Road, approximately 375 feet east of Elvira Drive.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning application. Council Member Best made a motion to close the public hearing,
seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE 022524
Amending the Zoning Ordinance upon application by Albert P. Perez, by changing the
Zoning Map in reference to Laguna Acres, Block 6, Lot 10, from "R -1B" One -family
Dwelling District to "R-2" Multiple Dwelling District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
19. Case No. 396-6. Remington Retirement Community: A change of zoning from "R-2"
Multiple Dwelling District to "A-2" Apartment House District on Holly Oaks Subdivision,
Block 1, Lot 3, located on the north side of Meadowvista Drive, approximately 1,000 feet
east of Airline Road.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "A-2"
District, and in lieu thereof, approval of a Special Permit for an assisted -living facility subject to four
(4) conditions.
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Regular Council Meeting
March 26, 1996
Page 23
No one opposed the zoning application. Council Member Best made a motion to close the
public hearing, seconded by Council Member Heldenfels, and passed unanimously.
Council Member Martin said he was not opposed to the proposed use, but rather to the
magnitude of the special permit because there was not an appropriate zoning classification for this
use. Mr. Utter replied that the proposal consisted of considerably less dwelling units than would be
allowable under "R-2." He said staff reconunended a special permit because it was acceptable to
the developer and it will have very little intrusion on the adjoining neighborhood. He noted that
there will probably be more of these types of developments being built in the future, and staff needs
to study the issue to find a more appropriate zoning classification. Mr. Martin said he thought this
was a good transition use adjacent to a neighborhood. Dr. McNichols pointed out that similar
developments had been recently approved in other areas.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE 022525
Amending the Zoning Ordinance upon application by Remington Retirement Community,
by granting a Special Council Permit for an assisted -living facility subject to four (4)
conditions on Holly Oaks Subdivision, Block 1, Lot 3; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 20 through 31, and Council Members did not request
any items be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
20. M96-078
Motion approving a supply agreement with Rio Linda Chemical Co., Sacramento, Ca. for
approximately 314 tons of Technical Grade - Sodium Chlorite Solution - 37% in accordance
with Bid Invitation No. BI -0121-96 based on low bid of $307,720. The term of the supply
agreement will be twelve months with option to extend for up to two (2) additional twelve
months subject to the approval of the supplier and the City Manager or his designee. This
chemical will be used by the Water Department for treatment of our water supply. Funds
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Regular Council Meeting
March 26, 1996
Page 24
have been budgeted in 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."
21. M96-079
Motion approving a supply agreement with Davis -McAllen Pipe and Supply, Corpus Christi,
Tx. for approximately 9,805 brass service fittings, ranging in size from'/%" -2" in accordance
with Bid Invitation No. BI -0135-96 for an estimated annual expenditure of $84,527.95 based
on low bid. The term of the agreement shall be for twelve months with an option to extend
for up to two additional twelve month periods subject to the approval of the supplier and the
City Manager or his designee.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
22. M96-080
Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas, for
approximately 1,018 tons of liquid chlorine to be delivered in tank cars in accordance with
Bid Invitation No. BI -0150-96 for an estimated annual expenditure of $292,675 based on an
only bid. The term of the agreement shall be for twelve months with an option to extend for
up to two additional twelve month periods, subject to the approval of the supplier and the
City Manager or his designee.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
23. M96-081
Motion authorizing the City Manager or his designee to execute a contract with Thomas
Lewis in the amount of $27,097 to demolish a substandard building at 1001 S. Port.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
24. M96-082
Motion authorizing the City Manager or his designee to execute a contract with RH
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Regular Council Meeting
March 26, 1996
Page 25
Construction in the amount of $23,795 to demolish a city -owned two-story building at 1814
Howard Street.
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Regular Council Meeting
March 26, 1996
Page 26
Wynn Seale Area Street Improvements. Phase III
16th Street - Cole Street to South Staples
17th Street - Cole Street to South Staples
18th Street - Cole Street to Baldwin Blvd.
Naples Street - 18th Street to South Staples;
requiring the Director of Engineering Services to prepare and file plans and specifications;
requiring the City Secretary to file notice in the Office of the County Clerk, Nueces County,
Texas, as to the action herein; providing how such improvements shall be paid.
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."
27.b. ORDINANCE NO. 022528
Ordinance approving the written statement of the City Engineer of the various costs for the
improvements of the following streets:
Wynn Seale Area Street Improvements Phase III
16th Street - Cole Street to South Staples
17th Street - Cole Street to South Staples
18th Street - Cole Street to Baldwin Blvd.
Naples Street - 18th Street to South Staples;
determining the portion of said costs to be assessed against abutting property and the portion
to be paid by the City; setting a public hearing on the preliminary assessment roll during the
regular 2:00 p.m. meeting of the City Council on April 30, 1996, in the Council Chambers,
City Hall, 1201 Leopard Street, Corpus Christi, 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."
28. FIRST READING ORDINANCE
Closing and abandoning a 20.7 square foot area of a 7.5 foot wide utility easement in Lot 9,
Block 2, Wood River Unit 10; subject to compliance with the specified conditions; and the
owner replatting the property within 180 days at the owner's expense.
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Regular Council Meeting
March 26, 1996
Page 27
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."
29. FIRST READING ORDINANCE
Closing and abandoning a 100 square foot area of a 5 -foot wide utility easement in Lots 20
and 21, Block 8, Lamar Park - Section 2; subject to compliance with the specified conditions;
and the owner replatting the property within 180 days at the owner's expense.
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."
30. FIRST READING ORDINANCE
Closing and abandoning a 77.50 square foot area of a 7.5 foot wide utility easement in Lot
11A, Block 38, Kings Crossing Unit 1, Phase 1; subject to compliance with the specified
conditions; and the owner replatting the property within 180 days at the owner's expense.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, 13. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
31. FIRST READING ORDINANCE
Authorizing permits for frozen dessert push cart vendors to operate on public streets in
residential areas subject to certain restrictions; providing for severance; 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."
* * * * * * * * * * * * *
Mayor Rhodes announced that the closed session pursuant to Texas Government Code
Section 551.074 regarding the selection process for the new City Manager would not be held.
In her report, the Mayor refereed to proposals submitted by some executive search firms
regarding the new City Manager. She said the bids were very similar and she narrowed the selection
to two firms --Norman Roberts Company and Ralph Anderson Company --who will be asked to make
a presentation to the Council in two or three weeks. She said it is estimated that a new City Manager
would not be selected for about six months. Mayor Rhodes thanked City Secretary Chapa for his
assistance.
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Regular Council Meeting
March 26, 1996
Page 28
The Mayor then called for the City Manager's report. Mr. Garza said items scheduled for the
April 9, 1996 Council meeting included: a presentation by the South Texas Military Task Force; and
an appeal of suspension for cable access channel violation by the Coffee Club. The Community
Development Block Grant program public hearing is set for April 16 at 6:00 p.m.
Mayor Rhodes called for Council concerns and reports.
Council Member Martin pointed out that an adult business recently opened outside Corpus
Christi's city limits, and he asked that Nueces County officials be made aware of the possibility of
other adult businesses opening in the county as well. He noted that that issue may affect the areas
left out of the city's recent annexation program that are located very close to the city limits and to
residential zoning.
Mr. Martin also asked about a proposal to raise the speed limit on state highways located in
the city limits. Mr. Garza replied that although the city does not have approval authority over state
highway speed limits, staff was under the impression that they were going to be allowed to review
the proposal before it went to the Texas Transportation Commission, and they were just as surprised
to learn that it was placed on the commission's agenda for its March 28, 1996 meeting. Mr. Garza
said that as a result, city staff voiced their objections to the staff of the Texas Department of
Transportation's (TXDOT)District Office.
Mr. Garza described the speed limit proposal made by TXDOT, and a lengthy discussion
ensued. It was concluded that Mayor Rhodes would write to the Transportation Commission
members asking them to defer action on this issue pending further discussion.
Council Member Black asked for more information about administrative leave.
Council Member John Longoria suggested that the city's legislative representatives be
contacted regarding the issue of speed limits on state highways in the city limits. Mr. Longoria
asked about the procedure for the Coffee Club's appeal, and City Attorney Bray stated that it was
an administrative hearing.
Council Member Betty Jean Longoria referred to a meeting being held in El Paso on April
1 to discuss possible consolidation of services that are provided by county and municipal
government. Mr. Garza stated that in accordance with the Council's past policies on legislative
matters, staff has approached that subject with the interest of protecting all of the city's authority.
Mrs. Longoria also asked if there was a particular hearing concerning the Hallco permit that Council
members should attend, and Mr. Garza said he would provide more information. Mrs. Longoria
expressed concern about access to the Northwest Branch Library from the adjacent subdivision and
about speeding on McKenzie Road.
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Regular Council Meeting
March 26, 1996
Page 29
Council Member Cooper said over 30 people attended the Council on Neighborhood
Associations meeting last week; she said the next meeting would be held on April 18. On April 4
there will be a training meeting for new neighborhood associations at City Hall, and the Youth
Violence Task Force will have its first meeting March 28 in the Council Chambers. She thanked
Police Chief Alvarez for his assistance.
Council Member Best said that there was discussion at a meeting of the Texas Municipal
League regarding the bridge and road tax.
*************
Mayor Rhodes called for petitions from the audience.
Ms. Diane Addison, 3533 Black Oak Dr., used a video and slides to describe how last April
she was the victim of a rock -throwing incident on the Harbor Bridge that shattered part of her face,
resulting in extensive reconstructive surgery and costly medical bills. A discussion ensued regarding
the increasing frequency of such violence, and the Council members commended Ms. Addison for
courageously bringing attention to this issue. Ms. Addison said action needs to be taken to prevent
such violence occurring.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 7:25 p.m. on March 26, 1996.
*************