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HomeMy WebLinkAboutMinutes City Council - 09/10/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 10, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Cezar Galindo Leo Guerrero Betty Jean Longoria Edward Martin Joe McComb Clif Moss Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Dr. John Long of First Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem McNichols. 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 September 3, 1991, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes referred to the Board and Committee appointments and the following appointments were made by the Council: (M91-248) Cable Communications Commission Food Services Advisory Committee Jim Henzi Bob Ard Honey Bee Advisory Committee Municipal Arts Commission MICROFILMED Minutes Regular Council Meeting September 10, 1991 Page 2 Mike Jones Eduardo Torres Museum of Science & History Alicia Perez - Reappointed Cindy Gamez - Reappointed Ruth O'Brien - (Friends of the Museum) Nelwyn Anderson - Reappointed Dr. James Carlsen - Reappointed Dr. Sam Logsdon - Reappointed Barbara McDowell - Advisory Member Eduardo Rimassa Olivia Farrera Senior Companion Program Advisory Committee Janet Neely - (Public Agency) Mayor Pro Tem McNichols recommended that the Honey Bee Advisory Committee present a report to the Council on the status of the Africanized bees situation in this area. i i i• i i t Y i i► i t Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 17, and Council Members requested that Items 1, 2, 5 and 9 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M91-251 Motion authorizing the City Manager or his designee to accept a grant in the amount of $21,297 and to execute a contract and all related documents with the Texas State Library. These funds will be used to establish a collection of GED support materials at the Greenwood Branch Library. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 4. M91-252 Motion awarding a contract in the amount of $89,248 to Malek, Inc., to replace the main chiller unit and various air handling units of the air conditioning system at Ada Wilson Hospital funded by the 16th Year CDBG Program (FY 90-91). Minutes Regular Council Meeting September 10, 1991 Page 3 The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 6. ORDINANCE NO. 021232 RESCINDING ORDINANCE NO. 19231, PASSED MARCH 18, 1986, WHICH AUTHORIZED THE CLOSURE OF A PORTION OF 17TH STREET AND ABANDONED THE ALLEY IN BLOCK 8, HOME PLACE ADDITION, BOTH SHOWN BY PLAT IN VOLUME A, PAGE 14, MAP RECORDS, NUECES COUNTY, TEXAS, DUE TO NON -EXECUTION OF THE REQUIRED CONDITIONS BY THE APPLICANT; APPROPRIATING $12,675 FROM THE STREET TRUST ACCOUNT AND REFUNDING THIS AMOUNT TO KAFFIE COMPANIES; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 7. ORDINANCE NO. 021233 APPROVING CHANGE ORDER NO. 1 IN THE AMOUNT OF $138,000 TO THE CONTRACT WITH HELDENFELS, INC. AND APPROPRIATING $124,200 AS THE FEDERAL AVIATION ADMINISTRATION ESTIMATE PARTICIPATION IN THE COST OF THE CHANGE ORDER APPLICABLE TO PROJECT NO. 245-601-603.25, GENERAL AVIATION APRON/TAXIWAY LIGHTING; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 8. ORDINANCE NO. 021234 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH CHAMPLIN REFINING AND CHEMICALS, INC. TO INSTALL AND MAINTAIN AN 8 -INCH STEEL CASING WITH FOUR 1 -INCH PVC CONDUITS AND ONE 3 -INCH PVC CONDUIT UNDER DEMPSEY STREET RIGHT-OF- WAY IN SUNSET PLACE SUBDIVISION, AND ESTABLISHING A USE FEE OF $550; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 10. ORDINANCE NO. 021236 Minutes Regular Council Meeting September 10, 1991 Page 4 AMENDING CHAPTER 2, ADMINISTRATION, SECI'ION 2-151, STEERING COMMI I"I'EE, OF THE CITY CODE OF ORDINANCES TO INCREASE THE NUMBER OF MEMBERS ON THE STEERING COMMITTEE OF THE SISTER CITY COMMITTEE FROM 15 TO 21; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 11. ORDINANCE NO. 021237 CLOSING AND ABANDONING A 4 -FOOT WIDE BY 20 -FOOT LONG UTILITY EASEMENT ALONG THE COMMON LINE OF LOTS 25 AND 26, BLOCK 23, LINDALE PARK SECTION II; SUBJECT TO CERTAIN PROVISIONS. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 12. ORDINANCE NO, 021238 SECTION, 33-42.1,PROHIBITING AN OWNER, OPERATOR OR EMPLOYEE OF A BUSINESS ESTABLISHMENT FROM KNOWINGLY ALLOWING A MINOR ON THE ESTABLISHMENT PREMISES IN VIOLATION OF CURFEW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 13. ORDINANCE NO. 021239 PROHIBITING PRESENCE IN PARKING LOTS AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 14. ORDINANCE NO. 021240 PROHIBITING DRIVING THROUGH PARKING LOTS AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting September 10, 1991 Page 5 The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 15. ORDINANCE NO. 021241 PROHIBITING DRIVING A MOTOR VEHICLE A THIRD TIME PAST A TRAFFIC CONTROL POINT UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 16. ORDINANCE NO. 021242 INCREASING FINES FOR CITY ORDINANCE VIOLATIONS TO A MAXIMUM OF FIVE HUNDRED DOLLARS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 17. ORDINANCE NO, 021243 CHANGING THE NAME OF ROAD "H" EXTENSION, WHICH WAS RECENTLY ANNEXED TO THE CITY, FOR THAT PORTION THAT EXTENDS WESTERLY FROM THE NORTH -SOUTH EXTENSION OF ROAD "H," TO SAFETY STEEL DRIVE. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Guerrero, Martin, McComb, Moss and Slavik voting, "Aye"; Galindo and Longoria voting, "No." •**** r i a s** On Item 1, approving the purchase of malathion insecticide, Council Member Slavik asked for an update on the encephalitis -carrying mosquito, and Bill Hennings, Director of Development Services, stated that there have been three mosquito samples which have tested positive but he is not aware of any human cases. Mayor Pro Tem McNichols noted the recent heavy rains, stating that there will be a large increase in the mosquito population. He stressed the need to move expeditiously in obtaining the insecticide. Responding to questions on Item 2, salinity monitoring agreement, Victor Medina, Public Utilities Director, stated that the Technical Advisory Committee has recommended Minutes Regular Council Meeting September 10, 1991 Page 6 two monitors in the overall bay system, stating that it was agreed that there would be one in the upper delta and one in the middle portion of the bay. He stated that we are hoping in the future to provide additional monitors. Mr. Medina stated that the monitors should be in operation in approximately sixty days. Council Member McComb stated that he has a philosophical problem with moving forward with the purchase of this equipment based on our contractual agreement and permit stipulations dating back to 1976. He stated that there is no reference in those documents that specifies anything in regard to salinity levels. He stated that, in his opinion, spending this money is basically acknowledging that we accept the order that has been given to us that is diametrically opposed to the original permit and operating authority. Mayor Rhodes stated that the City's case is based on the fact that we do not think the scientific data is accurate and in order to obtain the correct scientific data, we have to purchase the scientific data measuring equipment. Mayor Pro Tem McNichols stated that we have to be able to have the scientific evidence to be in a position to argue that the water release requirements should be different. Mr. McComb stated that if we were operating under the agreement that was signed in 1976, we would not have to release water today because the amount of water that has gone into the bays and estuaries exceeds the 151,000 acre feet. Dr. Michael Speed, Chairman of the Mayor's Committee on water issues, stated that the Council voted to go with the recommended plan for up to five years. He justified the need for the equipment. Responding to a question from Council Member Longoria on Item 5, Saratoga Boulevard/Rodd Field Road improvements, City Manager Garza stated that if there are monies left over from this project, they would be reallocated to other projects, subject to Council approval, and Bill Hennings, Director of Development Services, discussed the improvements and elaborated on the change order. Council Member Moss inquired if this would delay the State's project, and Mr. Hennings replied that the project would not be delayed. In response to a question from Council Member Moss on Item 9, Surfside/Timon Boulevards and Burleson Street improvements, Mr. Hennings stated that the Council previously adopted the preliminary assessment roll and on completion of the project, the final assessment roll is brought back to the Council. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-249 Minutes Regular Council Meeting September 10, 1991 Page 7 Motion approving the purchase of 1,000 gallons of malathion insecticide from American Cyanamid Company, Wayne, New Jersey, for a total of $17,180. The insecticide will be used by Vector Control for mosquito control. Funds have been budgeted for FY 91-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 2. M91-250 Motion authorizing the City Manager or his designee to enter into a Salinity Monitoring Agreement in the amount of $59,093 with the Conrad Blucher Institute for Surveying and Science at Corpus Christi State University for the purchase, installation, maintenance, and operation of two continuous real-time salinity monitors, and appurtenant equipment, and to provide professional services of compilation, analysis, and written reports; and declaring as an emergency measure the need for immediate monitoring and analysis of salinity levels in Nueces Bay as the basis for establishing fresh water release requirements in order to preserve the property of the City and to protect the health and safety of its residents. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb voting, "No." 5. M91-253 Motion authorizing an increase of $648,160.74 to the City's escrow account on deposit with the Texas Department of Transportation to cover costs associated with relocating and/or constructing approximately 6,300 linear feet of various size waterlines and relocating approximately 240 linear feet of 8 -inch sanitary force main on Saratoga Boulevard and Rodd Field Road. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 9. ORDINANCE NO 021235 AMENDING ORDINANCE NO. 21027, PASSED AND APPROVED ON NOVEMBER 20, 1990, BY AMENDING SECTION 3 OF SAID ORDINANCE IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST THE OWNERS OF PROPERTY ABUTTING ON THE FOLLOWING STREETS: 1. Surfside Boulevard, from Elm Street to Breaker Place; 2. Timon Boulevard, from Elm Street to Burleson Street; 3. Burleson Street, from Surfside Boulevard to U.S. 181 Frontage Road; and 4. U.S. 181 On -Ramp, from Timon Boulevard to U.S. 181 Frontage Road; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 10, 1991 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." * * * Mayor Rhodes called for consideration of Item 18, Flour Bluff fishing pier mitigation project contracts for hydrology studies in association with the Blind Oso wetlands enhancement proposal. City Manager Garza stated that this project is a continuation of work the City has been doing in working with the EPA to do the mitigation for the damage done by construction of the Flour Bluff fishing pier. He reviewed the status of the situation and stated that we are trying to justify an alternate project in the Blind Oso which would provide enough mitigation units to offset the damage. Council Member Martin inquired if this is the only mitigation alternative that has been looked at, and City Manager Garza stated that the alternative preferred is to divide the project, limit our liability to the permit area, with the rest of the liability to be assumed by the contractor. Following a series of questions raised by Council Member Martin, Deputy City Manager Jesus Garza stated that at the outset we had advocated trying to do some out -of - kind mitigation which would be at the Blind Oso because that was a project that the community had identified as something that would be of benefit to the City. Mrs. Slavik inquired if King Construction will pay for part of the costs, and Deputy City Manager Garza replied in the affirmative, stating that they were made part of the order from the EPA. He stated that there will be some contribution from them, but at this point, we do not know the amount. City Secretary Chapa polled the Council for their votes and the following motion was passed: 18. M91-254 Motion authorizing the City Manager or his designee to contract with Richard L. Watson, Ph.D., and Archie Walker Engineering, Inc., for professional services in conducting a hydrologic study of the Blind Oso/Oso Bay system for purposes of designing a wetlands mitigation project. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting September 10, 1991 Page 9 City Manager Garza presented a general overview of Item 19, mainframe consultant, and stated that he would like to have a third opinion for an independent review setting forth recommendations for upgrading or replacing the City's IBM mainframe computer. Responding to questions from the Council, Jorge Garza, General Services Director, stated that the consultant is independent; they are located in Albuquerque, New Mexico; and they have committed to providing the report by October 10. Mr. Garza justified the expense for a third opinion and stated that staff could discuss the compatability of the City's computer and networking, but it was not part of the contract. Discussion followed dealing with the proposal from the Mercer Group and Wolfe & Associates, and Council Member Galindo expressed the opinion that it would be logical to go with the Mercer group, or to not even have a study and approve the purchase of the new computer system. City Manager Garza stated that the Council did not actually approve the purchase of a new computer system. He stated that various suggestions were made when this was previously discussed. Mayor Pro Tem McNichols stated that there has been considerable discussion on this subject and the Mercer report indicated that the mainframe is saturated. He commented on the options that were previously presented and expressed the opinion that he did not see any point in spending more funds to get a third opinion. Council Member Martin stated that the City does need to take some major steps regarding upgrading and changing our computer system and he concurred with the recommendation for obtaining a third opinion. Council Member Slavik indicated that this is one of the largest major expenditures of the City and she believes that it is worth the money to get an independent opinion. City Secretary Chapa polled the Council for their votes and the following motion was passed: 19. M91-255 Motion authorizing a Computer Consultant Services Agreement in the amount of $14,475 with Wolfe & Associates, Inc., Management Consultants, for an independent review and preparation of a report setting forth recommendations for upgrading or replacing the City's IBM 3083 mainframe computer. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols and Galindo voting, "No." s t* t Y* Y• t t t t i Minutes Regular Council Meeting September 10, 1991 Page 10 Relative to Item 20, participation agreement - extension of Betty Jean Drive, Bill Hennings, Director of Development Services, provided background information on authorizing the execution of a participation agreement with the estate of Blanche D. Moore, whereby the City will reimburse the developer an amount not to exceed $28,772.10 for improvements required by the City over and above those set forth in the Platting Ordinance for the construction of Blanche Moore Drive from 165 feet north of Williams to South Padre island Drive (S.H. 358) Council Member McComb expressed concern, stating that this was not the original agreement. He stated that the Council was told that there would not be direct access to Padre Island Drive through the Gardendale area and he does not think it is in the best interest of the neighborhood. Mr. Hennings stated that the developer did plan to build a traffic circle with a fountain in the center of the street extension but it did not meet the City's street design standards; therefore, the developer decided not to plan it as a public street but to keep it as a future private drive. Subsequently, he stated they have changed their plans; they do not plan to build the traffic circle and the fountain; they just plan to build a thru street from Betty Jean to Padre Island Drive. He stated that this will provide some relief for the congestion around the shopping center and will make it easier for people to cut thru the residential neighborhoods. He stated that there are some things that can be done with traffic control devices, but there is no question that it will have some impact on the residential neighborhood. In answer to a question from Council Member Moss, Mr. Hennings stated that this street will carry a lot of traffic and the City is building Williams Drive to a higher standard than the minimum required in the Platting Ordinance. Mr. Moss stated that he is disappointed that the City has to reimburse the developer. He asked if the paving specifications in our Platting Ordinance are not adequate, and Mr. Hennings stated that they are not adequate. Mr. Moss requested a recommendation be presented to the Council for revising the paving specifications for the Platting Ordinance, and City Manager Garza stated that it would take until the end of the year before that could be brought forth. Council Member Guerrero stated that the only reason this is happening is because the suggested ramp reversal did not pass. He stated that it will force the traffic into the Gardendale neighborhood and that is not in the City's best interest because it will destroy the neighborhood. He expressed concern about reimbursing the developer. Council Member Martin stated that he was under the impression that Blanche Moore Drive was really meant to be just a west boundary type street to that part of the Moore tract which is currently developed. He stated that you will be going through the neighborhood to avoid traffic which is an absolute inconsistency of traffic design. Because of the numerous questions raised by the Council, City Manager Garza stated that he would like to withdraw this item, stating that there are too many questions which he is not prepared to answer. Minutes Regular Council Meeting September 10, 1991 Page 11 20. Withdrawn Motion authorizing the execution of a Participation Agreement with the Estate of Blanche D. Moore, Deceased, Developer of Moorc Plaza, whereby City will reimburse developer an amount not to exceed $28,772.10 for improvements required by City over and above thosc set forth in the Platting Ordinance for the construction of Blanche Moore Drive from 165 feet north Williams to South Padre Island Drive (S.II. 358). f i i t i i i i** t t Mayor Rhodes called for consideration of Item 21, supporting the creation of the Corpus Christi Downtown Management District. Responding to a question from Mayor Rhodes, City Attorney Bray stated that in voting for the resolution, the Council would be signing off on this particular district and the powers that are contained in the petition which will be submitted to the Texas Water Commission. Mr. George Brown, Chairman of the Heart of Corpus Christi, read a prepared statement regarding the creation of a special taxing district for downtown property owners. Mr. Bill Harrison, 214 Bayridge, Interim Chairman of the Municipal Management District, gave a presentation on the Corpus Christi downtown Management District. He stated that they are here to petition the Council for their approval of the Municipal Management District in Corpus Christi. He explained the intent of the district and stated that should the Council approve the concept of forming an MMD, they will then go to the Texas Water Commission for their final approval. Mr. Bob Rowling, an investor in Corpus Christi, expressed support of the Municipal Management District. Mr. Charles McCaleb, 123 Oleander, expressed opposition to the MMD, citing various concerns. He recommended that the Council give this careful consideration. Mr. Lewis Lovelace, 1549 Casa Grande, expressed opposition to the MMD, stating that he is tired of seeing taxes wasted on projects to subsidize industry. Responding to a question from Mayor Rhodes regarding annexation, City Attorney Bray stated that annexation would have to have Council approval, and there would have to be a request by the owner of the property to be annexed or a majority of the property owners. He stated that they would have to come before the Council even if they have the authority to annex. Mr. J. E. O'Brien, 4130 Pompano, expressed opposition to the MMD, and inquired about the projects that are going to be funded by the MMD. Minutes Regular Council Meeting September 10, 1991 Page 12 Also expressing opposition to the MMD were Mr. Raymond Hasker, 1813 Wallace, and Mr. Leon Perez, 904 Buford. City Attorney Bray, Mr. Harrison and Mr. Charles Thomasson, an attorney working with the property owners, responded to specific questions raised by Council Member Slavik regarding the powers and the purposes of the MMD. Mr. Harrison stated that no specific decisions will be made regarding projects until the State has approved the new district. Mrs. Slavik expressed concern that this legislation gives the MMD a great deal of power without their having to be elected by the public, and City Attorney Bray stated that there are more restrictions on an MMD district then there are on a water district. Mrs. Slavik inquired about the outstanding bonds if the property owners dissolved the district, and Mr. Harrison stated that the MMD could not be dissolved until the bonds are paid off. Discussion followed and a brief question and answer period followed. Mr. Charles Thomasson, 226 Rosebud, stated that any projects downtown will have to comply with the City's zoning and building standards. Council Member Martin stated for clarification purposes he could foresee the mixing of public dollars with management district funds in a joint effort to enhance the expenditure of public funds. He stated that funds raised against members will be an enhancement in the ability that perhaps can save the City money. He stated that it was his hope that there would be an opportunity in the future to coordinate and jointly do projects as an enhancement for the area. Mayor Pro Tem McNichols stated that there are many reasons that the MMD would be positive for the City, stating that it would be in the best interest of the City to support the MMD wholeheartedly. City Secretary Chapa polled the Council for their votes and the following resolution was passed: 21. RESOLUTION NO. 021244 SUPPORTING CREATION OF THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT. The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Mayor Rhodes declared a five-minute recess. Minutes Regular Council Meeting September 10, 1991 Page 13 Mayor Rhodes reconvened the Council Meeting and opened the public hearing on closing and abandoning a portion of Battlin' Buc Boulevard between the south line of Lipan Street and the north line of Up River Road in the Nelson Addition No. 1 and Seven Oaks Addition Subdivisions; subject to the applicant paying fair market value for the street; meeting specified requirements; and replatting the property within 180 days. Bill Hennings, Director of Development Services, provided background information. He stated that the Corpus Christi Independent School District has submitted a request to close and abandon a portion of Battlin' Buc Boulevard between Lipan Street and Up River Road. He stated that this has been reviewed by the Transportation Advisory Committee and they recommend approval. Ms. Sue Guess, 12308 Up River Road, expressed opposition to the closing, stating that she owns the property at the southeast corner of Battlin Buc and Lipan, Lots 6 and 7, with an apartment on each lot. She indicated that the buildings are full of residents and it would have a negative impact on the quality of their lives. She pointed out that there would be no access to Lot 7. Mr. Hennings stated that one of the conditions in the ordinance is to provide access to dedicated street rights-of-way for all lots. He stated that Lot 7 is unresolved at this point, and the school district would have to provide a plan that provides access to that lot or the street closure could not occur. He stated that he was not aware that the property owner objected. Mr. Hennings advised that there could be alternate access provided off of Lipan. Dr. Abe Saavedra, representing CCISD School District, stated that the school district has been under negotiations with Ms. Guess for acquisition of her property. He stated that they are at an impasse and plan to move on with condemnation proceedings. He stated that they do not need that street closed until the school district is in possession of those properties. Mayor Rhodes suggested tabling this item until this is resolved by the school district and the property owner. 22. Tabled ADDITION SUBDIVISIONS; SUBJECT TO CERTAIN PROVISIONS. Mayor Rhodes called for consideration of the zoning text amendments. Minutes Regular Council Meeting September 10, 1991 Page 14 Council Member Martin moved to approve Item 23; seconded by Council Member Galindo and passed unanimously. 23. M91-256 Motion to amend the Planning Commission's recommendation on the ordinances amending Articles 26 and 30 of the Zoning Ordinance. City Secretary Chapa polled the Council for their votes and the following ordinances passed on first reading: 24. FIRST READING AMENDING THE ZONING ORDINANCE, ARTICLE 26, NONCONFORMING USES, BY REPEALING SECTIONS 26-1, 26-8, AND 26-9. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 25. FIRST READING AMENDING THE ZONING ORDINANCE, ARTICLE 30, BY AMENDING CHANGES AND AMENDMENTS. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 26. FIRST READING AMENDING THE ZONING ORDINANCE, ARTICLE 27, SUPPLEMENTARY HEIGHT. AREA. AND BULK REOUIREMENTS, BY AMENDING SECTION 27-3.04.06. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." City Manager Garza provided an update of a major pick-up of trash in Flour Bluff. There were no questions on the weekly water issues report. Mayor Rhodes requested that the water level be recorded on the weekly report. City Manager Garza stated that there will be a weekly water report on the agenda, noting that no action will be taken by City staff unless it is brought before the Council. Minutes Regular Council Meeting September 10, 1991 Page 15 Mayor Rhodes referred to a notice from the Nueces County Appraisal District concerning appointments which she presented to the City Secretary. Mrs. Rhodes stated that she received a letter from a person in Germany who is trying to locate a Mrs. Ethel Heickman who lives in Corpus Christi. She asked if anyone knows of her or her son, Bruce Heickman, to please call the Mayor's office. Mayor Rhodes called for consideration of privatization proposals for the Landfill Operations. City Manager Garza emphasized that he is not recommending that the Council authorize a contract, but is simply recommending that we look at what the best proposer has to offer before making a decision. Tom Utter, Director of Public Works, summarized events leading up to proposals received for the operation of the Elliott Landfill He reviewed various issues which remain to be resolved prior to committing to privatization. In concluding his presentation, Mr. Utter stated that the City's proposal is the best proposal; however, the committee believes that Waste Management has the best private proposal, and that the City needs to acquire additional information from Waste Management. He stated that this recommendation by the committee is not a recommendation to negotiate a contract with Waste Management, but simply to continue the process of gathering information to arrive at providing a policy of alternatives, and that these efforts to gather additional data be limited to one company, Waste Management. Council Member Slavik expressed concern about privatization because of the imported waste and the City's liability issues. A brief question and answer period followed, and Mr. Utter responded to specific questions dealing with a new landfill site, tipping fees, and the liability issue. Council Member McComb made a motion to accept the staff recommendation and authorize staff to negotiate with Waste Management with an additional two provisos; one, that City residents have free access to the landfill if they pay for garbage pickup; and two, that we would not allow any imported waste. A discussion ensued regarding Mr. McComb's motion and Council Members Moss and McNichols expressed concern if importation is made a condition, stating that to rule it out now we would be ruling out in the future some things that we might want to do if we decide to get into co -generation. The motion died for lack of a second. Council Member Guerrero moved that the City continue its operation until additional information is brought forth that makes it more profitable to go with privatization. The motion died for lack of a second. Mr. William Whittle, representing Corpus Christi Waste Company, read a prepared statement which in summary, recommended that the City's best interest would be served by participating with Corpus Christi Waste, a locally controlled business. Minutes Regular Council Meeting September 10, 1991 Page 16 Mr. Utter responded to Mr. Whittle's presentation, stating that staff has taken every specific objection into consideration. Council Member Galindo requested a report describing and giving examples of comparison figures, and City Manager Garza stated that a staff person will go over the numbers with Mr. Galindo. Council Member Guerrero stated that the City should not give up its waste management authority. He expressed concern that if it is narrowed down to one company, the City would not get the best option available. Mayor Rhodes moved that staff be given sixty days to gain whatever needed information they need from Waste Management in order to make a decision on the operation of the City landfill. The motion was seconded by Council Member Moss and passed by the following vote: Rhodes, McNichols, Longoria, McComb, Moss and Slavik voting, "Aye'; Galindo, Guerrero and Martin voting, "No." Mayor Rhodes called for Council concerns and liaison reports. Council Member Slavik requested that in the future, the Council begin having workshop sessions on the more important issues and vote on them in a separate Council Meeting. Relative to the palm trees, Mayor Pro Tem McNichols complimented individuals responsible for the good job in rerouting the traffic and for the placement of the trees. Responding to a question from Dr. McNichols, Victor Medina, Public Utilities Director, stated that the Council will be provided a list of water issues when it is received from the Texas Water Commission. In response to a question from Dr. McNichols, City Manager Garza stated that the City's legal Counsel and staff will attend the meeting of the Railroad Commission on September 26 regarding terminating the brine discharges. Victor Medina, Public Utilities Director, stated that the City has asked other regulatory agencies to attend the meeting in support of Corpus Christi. Council Member Moss inquired about a warranty on the contract for the palm trees, and City Manager Garza stated that he is not aware of the warranty specifications but he will provide Mr. Moss with the specifics. Mr. Moss commented about the condition of the 2200 block of Leopard, and City Manager Garza stated that he will look into the matter. Council Member Martin referred to the brine discharges and asked if a resolution has been adopted, and Deputy City Manager Garza stated that one is prepared and it will be presented to the Council next week. Mr. Martin suggested that a letter be drafted from Minutes Regular Council Meeting September 10, 1991 Page 17 the Mayor formally requesting the heads of those agencies to be representative at the meeting. He requested that the Council be provided a report following the meeting. Mr. Martin commented in regard to a letter from Joe Gonzalez about the Padres Program, and Deputy City Manager Garza stated that a response is being prepared. Mr. Martin requested that the Council be provided with a copy of the letter and the response. Council Member Longoria spoke about the condition of the Briones Recycling Center and requested a report from staff advising the Council of what can be done about the situation. Council Member Martin suggested amending the zoning ordinance to impose screening restrictions. Mrs. Longoria referred to another block of Leopard and asked for a recommendation from staff. Council Member McComb gave an update on the EMS Ad Hoc Committee. He informed the Council of a meeting which will be held in the Council Chambers on September 26 at 9:30 a.m. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Ron Hudson, 3556 Austin, commented on the subject of separation of religion and State. Mr. J. E. O'Brien, 4130 Pompano, referred to the Council policy prohibiting Council Members, staff persons or a member of the audience from personally berating, embarrassing, accusing or showing any personal disrespect at Council Meetings. He stated that Council action should be taken against Council Member McComb because of remarks made against another Council Member and a member of the audience. Mr. Raymond Hasker, 1813 Wallace, spoke of a problem regarding street repairs, and City Manager Garza discussed the procedure of the seal coating program, stating that it adds considerable life to City streets. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5: 34 p.m. on September 10, 1991. s x s s a x x x t+•• r I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of September 10, 1991, which were approved by the City Council on September 17, 1991. WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991. Armando Chapa City Secretary