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HomeMy WebLinkAboutMinutes City Council - 09/15/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 15, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Cezar Galindo Leo Guerrero Edward Martin Dr. David McNichols Betty Jean Longoria Mary Pat Slavik City Manager Juan Garza Assistant City Attorney Alison Gallaway City Secretary Armando Chapa ABSENT Joe McComb Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Chaplain Jenny Russell, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. 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 8, 1992, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized the people present at the day's meeting who are working on the xeriscape project and expressed appreciation to them. Mayor Rhodes also explained that the Xeriscape Garden would be an educational and demonstrational garden displaying many different types of plants. Mr. Rick Stryker, Museum Director, briefly discussed the proposed Xeriscape Garden, and introduced Mr. Joe Gardner, President of the Nueces River Authority. Minutes Regular Council Meeting September 15, 1992 Page 2 Mr. Gardner discussed the development and importance of the xeriscape garden, and presented a check of $10,000 for the garden site to Ms. Shirley Whiteside, Chairperson of the Xeriscape Coalition. Ms. Whiteside accepted the check, expressed appreciation to the Nueces River Authority Board for their support, and discussed an Environmental Protection Agency grant. Mayor Rhodes also expressed appreciation to the Nueces River Authority Board for their support and assistance. Mr. Doug Wade, landscape architect, explained the xeriscape garden's design and location through the use of diagrams. * * * * * * * * * * * * * Mr. George Clower, Committee Chair of the Kennedy Causeway Advisory Committee, gave a presentation on the Advisory Committee's final report. Mr. Clower summarized the recommendations as follows: (1) raising both inbound and outbound lanes of the Kennedy Causeway; (2) improving the quality of development along the causeway; (3) urging the General Land Office (GLO) and the Texas Highway Department to make the decisions relating to the businesses located in the state right-of-way; (4) resolving questions concerning management of "The Village"; (5) encouraging the GLO to set time limits for negotiating leases and business start-ups; (6) requesting that the Kennedy Causeway Advisory Committee continue on an on-call basis, and (7) sending copies of the report to local legislators and interested jurisdictions. Mr. Clower also gave a copy of the James Duke Study, the Texas Water Commission Study, and a packet assembled by Ms. Marie Speer containing photographs of the Kennedy Causeway to the City Manager for distribution. Council Member McNichols expressed appreciation to the Advisory Committee for their hard work. Mayor Rhodes and Dr. McNichols discussed the importance of presenting the Advisory Committee's conclusions and recommendations to the Municipal Planning Organization at the upcoming meeting in Austin. Council Member Slavik also expressed appreciation to the Advisory Committee and inquired about the Recreational Vehicle Park located in the area. City Manager Garza stated that the land was owned by the General Land Office and that he was not aware of future development plans for the RV Park. Responding to Council Member Galindo's concern regarding recommendation number (3), Mr. Clower explained that the lessees could not make permanent improvements to the property because the leases were on a month-to-month basis. He stated that this recommendation was urging the General Land Office and the Texas Highway Department to provide guidelines. Minutes Regular Council Meeting September 15, 1992 Page 3 Mayor Rhodes stated that copies of the report would be forwarded to the pertinent parties. * * * * * * * * * * * * * Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council. Municipal Arts Commission John Yochem (Comm at Large), Reappointment Joe Morales (Comm at Large), Reappointment Ruth Delmar Sullivan (Theater), Reappointment Linda Eshim Jane Harvey Joseph Wilson * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 10, and Council Members requested that Items 2, 5, 6, 8, and 10 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M92-249 Motion approving a supply agreement for firefighting clothing in accordance with Bid Invitation No. BI -0225-92 with Casco Industries, New Braunfels, Texas for an estimated annual expenditure of $31,910 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This clothing will be used by the Fire Department. Funds have been budgeted in the FY 1992-93 Operating Budget by the Fire Department. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent. 3. M92-251 Motion awarding a contract in the amount of $45,250.64 to Weaver Industrial Service, Inc. to repair the stairway and catwalks on the chemical tanks on top of the O.N. Stevens Water Treatment Plant. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent. Minutes Regular Council Meeting September 15, 1992 Page 4 4. M92-252 Motion to cancel the Regular Council Meeting of September 29, 1992. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent. 7. FIRST READING ORDINANCE Authorizing the execution of a one-year farming lease agreement with Julius Zdansky, Jr. for a 20.598 acre tract of land located at the northeast corner of Chapman Ranch Road and Saratoga Boulevard and approving a rental fee of either a designated dollar portion of the crop harvested from the acreage or a guaranteed $20/acre per crop year, whichever is greater. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent. 9. ORDINANCE NO. 021480 Amending the Code of Ordinances, Chapter 53, Traffic, so as to reflect the reorganization of the traffic signals, signs, and markings and parking control activities. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb and Guerrero absent. Mayor Rhodes opened the discussion on Item 2, motion authorizing a contract for Architectural Services to Bennett, Martin & Solka to design the Northside Senior Citizens Center and an adjacent Community Center. Responding to questions from Council Member Slavik, Mr. Tom Utter, Director of Development Services, discussed the proposed layout of the center. He stated that the senior citizen area would be separated from the community center area by a middle corridor containing administrative offices. Mr. Utter next discussed the development of the preliminary plans for the center in which Council Member Longoria and local northside residents would be requested to make suggestions. Further, Mr. Utter discussed plans for a kitchen facility in the event the senior citizen food preparation service was not privatized, and stated that the final decision would be forthcoming near the end of the year. He also stated that this privatization would include food preparation for all the local senior citizen centers. Minutes Regular Council Meeting September 15, 1992 Page 5 Council Member Martin inquired about the feasibility of renovating the old police building for the center. Mr. Utter discussed the report from Bennett, Martin & Solka which determined that the building was not a viable alternative for a multi-purpose community center. Mr. Martin requested a copy of the report. A discussion ensued regarding the future of the old police building, and it was determined that several private groups were interested in the site. Responding to Council Member Moss' inquiry, City Manager Garza explained that staff is recommending that, in the event the food service is privatized, the funds dedicated for the kitchen be used in other areas of the project. Council Member Longoria discussed the meetings held regarding the senior citizen center, and requested that the money allocated for the kitchen be used for northside projects. Responding to Council Member McNichols' inquiry about the old police building, Mr. Garza discussed problems associated with renovation if this building were to be considered for the center, and problems involved renovating the old Washington School building for the center. Mayor Rhodes called for comments from the audience. Mr. James Wagner expressed appreciation to Council Member Longoria for her contributions to the northside community, and stated reasons he was in favor of the new building which would provide a separate area for senior citizens. Mr. Phil Rosenstein, 949 Bobalo, stated that the new senior citizen center would help promote the safety of the senior citizens, and expressed support for the privatization of the food preparation service. Responding to Mr. Rosenstein's concern, Mr. Garza reiterated that a separate area for senior citizens was planned. Relative to Item 5, motion approving a modification addendum to City-wide Recycling Contract, City Manager Garza explained that the $.0075 cents figure in the contract should be .75 cents instead. Mayor Rhodes made a motion to the correct the $.0075 cents figure in the contract to .75 cents, seconded by Council Member Slavik. The motion passed by those present and voting. Responding to Council Member Martin, City Manager Garza stated that the enhanced program would allow for a savings in overtime and reduce recycling collection pick-up time with a possible reduction of employees. Minutes Regular Council Meeting September 15, 1992 Page 6 Council Member Galindo inquired about the off -set consideration amount mentioned in the modification addendum, and Mr. Garza explained that the revenues received by the City from the contractor for the recyclables would be offset by the payment to the contractor for the cost of sorting the recyclables. Mayor Rhodes and Council Member Guerrero announced that they had filed a Disclosure of Interest Affidavit on Item 6, and would abstain from the discussion. Mayor Pro Tem Moss opened the discussion on Item 6, motion amending Motion No. M92-204 passed on August 11, 1992, granting the plat appeal by Roy Smith, W.M. Bevly, and W.M. Wilson. Responding to Council Member McNichols, Mr. Garza stated that, if a signal were to be located at this location, it be consistent with the Council's policies and State traffic guidelines regarding the location of signals. Additionally, Mr. Garza recommended that, in the event an exception is made by the Council to allow the location of the traffic light at this location, the developer participate in the cost of the traffic light. Mayor Pro Tem Moss stated that the present action before the Council was only amending the previous motion to allow for left hand turns in the event a traffic light was determined to be appropriate, and did not include the authorization of a traffic light. Mr. Nick Welsh, 439 Peerman, requested that the Council authorize the installation of a traffic light at the time of the construction of the street. Mr. Welsh also requested that the City be responsible for the cost of the traffic light since the developer would be responsible for the cost of the improved street. Mr. Moss stated that this request would be a future action. Mayor Pro Tem Moss asked Mr. Welsh if the developers would be in favor of the present motion, and Mr. Welsh stated in the affirmative. Relative to Item 8, authorizing the collection of a passenger facility charge, Council Member Slavik stated that she felt taxes on airline tickets were high and that she would not support this charge. Mayor Rhodes stated that she would support the charge because the Council had unanimously voted for the Airport improvements with the knowledge that they were based on the Passenger Facility Charge (PFC). Mr. J. E. O'Brien, 4130 Pompano, stated that he opposed new taxes at this time. Mr. O'Brien next inquired if the City planned to use the PFC for the improvements of parking facilities, and City Manager Garza answered negatively. Mr. Abel Alonzo commented that he was in favor of the PFC for the improvements at the Airport, and commented on Airport improvements which would be in compliance with the Americans with Disabilities Act. Minutes Regular Council Meeting September 15, 1992 Page 7 Mr. Phil Rosenstein, 949 Bobalo, stated he supported the PFC because he felt it was appropriate for Airport users to pay for Airport improvements. Mayor Rhodes opened the discussion on Item 10, Ordinance authorizing execution of an amendment of sublease for a restaurant and cocktail lounge at Corpus Christi International Airport with Hidden Harbor Associates. Responding to Council Member Galindo's inquiry, Mr. Hext explained that while the lease allowed an option to extend until 1997, due to the terminal renovation costs, the Lessee agreed that the City could put the restaurant renovations out to bid after 1994 so long as Lessee could bid and could continue to operate until the new restaurant was operational. The City Council then voted on the remaining council agenda items. 2. M92-250 Motion authorizing a contract for Architectural Services in the amount of $52,600 to Bennett, Martin & Solka, to design the Northside Senior Citizens Center and an adjacent Community Center. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 5. M92-253 Motion approving a modification addendum to City-wide Recycling Contract. The foregoing motion passed as amended by following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb absent. 6. M92-254 Motion amending Motion No. M92-204 passed on August 11, 1992, granting the plat appeal by Roy Smith, W.M. Bevly, and W.M. Wilson by adding the following, provided, that if a traffic signal is determined to be appropriate and installed, then left turns will be allowed. The foregoing motion passed by the following vote: Galindo, Martin, McNichols, Moss, and Slavik voting "Aye"; Longoria voting "No"; Guerrero and Rhodes abstaining, and McComb absent. Minutes Regular Council Meeting September 15, 1992 Page 8 8. SECOND READING ORDINANCE Amending the Code of Ordinances, Chapter 9, Aviation, by adding a new Section 9- 62, Authorizing the Collection of a Passenger Facility charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, and Moss voting "Aye"; Slavik voting "No"; and McComb absent. 10. ORDINANCE NO. 021481 Authorizing the City Manager to execute an amendment of sublease for restaurant and cocktail lounge at Corpus Christi International Airport with Hidden Harbor Associates and extending the term of said sublease from July 31, 1992 to July 31, 1997. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, McNichols, Moss, and Slavik voting "Aye"; Martin voting "No"; and McComb absent. t 1 Y Y 1* f tâ–º Y Y k Mayor Rhodes called for consideration from the Regular Agenda. 11. A presentation on Future Water Supplies followed. City Manager Garza reviewed the effects of the 1984 drought on the community. Through the use of slides, he examined newspaper articles outlining these events. He discussed voluntary water conservation, the water releases from Choke Canyon combined with Lake Corpus Christi to alleviate water evaporation, and mandatory water conservation implemented with strict penalties. Mr. Garza further referred to the educational programs concerning the vanishing water supply. He next reviewed the effects on the local economy which involved employee layoffs and the closings of some local businesses. He also referred to the water wells drilled by the City at that time which still supplement the surface water in our area. In summation, Mr. Garza stated that this drought is significant because the City was caught in between the diminishing water supply at Lake Corpus Christi and the development of Choke Canyon. He stressed the importance of avoiding a situation such as this in the future by appropriate planning measures. Mr. James Dodson, Regional Water Director, reviewed the twenty year development period of the Choke Canyon Reservoir, and stated that new water sources should be implemented while water is plentiful. Minutes Regular Council Meeting September 15, 1992 Page 9 Mr. Dodson commented that Choke Canyon/Lake Corpus Christi may only provide water needs for the area for the next ten to fifteen years instead of the original estimated forty to fifty years. He next stated that regulatory and environmental considerations are currently important when considering water sources, and that support for new reservoirs is practically non-existent at the Federal level in terms of financial assistance and regulatory climate. Mr. Dodson further stated that new opportunities are rapidly developing to utilize existing water sources in areas of water surplus to meet the needs of those areas that have long term water shortages. He also commented that the State's water policy is shifting from traditional river basin approaches to regionalization, water marketing, and interbasin transfers. Through the use of charts, Mr. Dodson discussed the distribution of average annual rainfall amounts in the State of Texas, and stated that the watershed is characterized by large annual variations in rainfall. Mr. Dodson next reviewed new firm yield figures of the reservoir systems. He stated that these new figures are significantly different from the original estimates provided by the Bureau of Reclamation in the proposal to construct Choke Canyon reservoir. Through the use of graphs, he explained that the water demand would be higher than the water supply as early as 2010. Responding to Council Member Martin's inquiry, Mr. Dodson stated that a study had been performed modeling the results of various operating plans at various lake levels for the Choke Canyon/Lake Corpus Christi reservoirs. Council Member McNichols stated that it was his impression from the recent South Texas Water Conference that the definition of firm yield was being modified. He stated that a modification would change the recent water projection figures. A discussion developed and Mr. Dodson discussed the recent Edwards Aquifer litigation which could alter State water policies and planning. Mr. Dodson further stated that this case is being closely monitored. Mr. Dodson commented that State water agencies are proposing a reduction of fifteen percent for all communities by the year 2000, and Council Member Martin discussed the importance of addressing communities on an individual basis. Additionally, Mr. Dodson stated that the Texas Water Development Board's conservation demand of fifteen percent by the year 2000 is reflected in the figures used today. Next, Council Member Martin suggested also exploring ways which can marginally increase firm yield of water in case of droughts such as wells, storage, and dredging. Responding to Council Member Slavik's inquiry, Mr. Paul Werner stated that conservation should be practiced at all times while drought management is a temporary emergency measure applicable for reducing short term demand. Dr. McNichols stated that permanent drought management discourages city growth, tourism, industry, jobs, and business Minutes Regular Council Meeting September 15, 1992 Page 10 In summation, Mr. Dodson commented that the area has a future water supply problem and may not be able to provide adequate water for more than the next ten to fifteen years. He stated that the City's goal is to ensure that this region has a long term water supply that provides for the prosperity of the region. Next, Mr. Dodson discussed an approach to meet the region's long term water needs. He stated that maximizing the use of the existing available water supplies is essential. Mr. Dodson stated that this could be done through the development of a more reasonable freshwater release plan for the reservoir system, water conservation (i.e. requiring the use of ultra low volume plumbing fixtures), and utilizing wastewater return flow diversions, stormwater diversions, and other means of supplying fresh water to Nueces Bay and Nueces Delta areas in lieu of releasing stored water. Mr. Dodson stated that there is currently water available from existing sources outside the Nueces River Basin, and suggested the City participate in a comprehensive water study entitled "Trans -Texas Water Program." He stated that this study would enable the City to determine how to meet specific needs through new water supplies, interbasin transfers, water marketing, and other alternatives. He stated that all alternatives would be evaluated as to their engineering, economic, and environmental feasibility. Mr. Dodson next discussed ways to make new water supplies affordable to the rate payers. He discussed the possibility of State participation in constructing and financing projects, and suggested that the Texas Water Development Board be requested to participate. Next, Mr. Dodson discussed the recent attempts to reduce or remove the debt obligation incurred with the Choke Canyon Reservoir. Mr. Dodson also discussed the creation of a stormwater utility which would transfer costs out of the water fund and provide for the collection of a user fee based upon the contribution of each parcel of property based upon the quantity and quality of water runoff. Mr. Dodson also discussed the possibility of dedicating a portion of the revenue from the possible sale of the gas division to the acquisition of new water supplies. Mr. Dodson further stated that increased water rates are inevitable in order to pay for new water supplies and to meet new Federal regulations in the Safe Drinking Water Act. Mr. Dodson also discussed potentially amending the six percent cap on annual utility rate increases to exclude new water supplies. Mr. Dodson discussed the availability of water sources outside the Nueces River Basin, and the upcoming Council review of proposed water contracts. He also referred to the City's participation in the Trans -Texas Water Program. Mr. Dodson briefly reviewed the Lake Texana option agreement. He stated that this agreement would allow the City to purchase up to 41,280 acre feet per year from the Lavaca Navidad River Authority. He stated that the term of the contract would be for forty years with an option to renew for an additional fifty years, and would be a "take or pay" contract beginning in 1995. Minutes Regular Council Meeting September 15, 1992 Page 11' Mr. Dodson next briefly discussed the contract with Garwood Irrigation Company. He stated that Garwood has senior water rights on the lower Colorado River, and discussed the importance of such rights. He stated the agreement would allow a purchase of 35,000 acre feet of water rights, which would be a one time purchase. Mr. Dodson next stated that the cost of the option agreement would be an initial payment of $20,000, plus $10,000 per month during the option period, and reimbursement of costs to amend the water rights permit. Mr. Dodson next outlined the Trans -Texas Water Program, South -Central Study. He stated that this was an opportunity for the City to identify water supply alternatives and determine the feasibility of the development of new water supplies. Mr. Dodson also discussed the cost and contributions for the study. Responding to inquiries from Council Member Slavik, Mr. Bernard Paulson, Chairman of Mayor's Water Advisory Conunittee, stated that during the drought of 1984, the Choke Canyon system was not available for storage. Mr. Paulson also stated that operating Lake Corpus Christi at a level lower than 88 feet would maximize the storage efficiency of Choke Canyon Reservoir and would minimize evaporation. Further, Mr. Paulson stated that dredging was not a cost-effective measure. Mr. Paulson next read the mission statement of the Mayor's Water Advisory Committee which outlined the goals and objectives of the committee. Mr. Paulson also reviewed each related subcommittee and their accomplishments. He suggested the continuation of the Conservation and Allocation subcommittee since it was involved in present City xeriscaping. Mr. Paulson also suggested the continuation of the Regulatory and Institutional Issues subcommittee since this subcommittee was following the Edwards Aquifer litigation, and the continuation of the Water Finances subcommittee since it was working on the forgiveness of the Choke Canyon debt and financing of proposed water supplies. Mr. Paulson also discussed the meeting of the Economic Development Corporation in Victoria which he and Gary Bushell attended. Next, he briefly discussed the option agreements with Lake Texana and Garwood Irrigation Company and stated support. Council Member Martin referred to the numerous City-wide projects Council Members were responsible for and the many hours spent in City business outside of the Council Chambers. Mr. Martin also stated that the Council had contributed many hours to the future water supply issue and made it a priority item during their term since the matter was of utmost importance. Council Members Moss and Martin further discussed the importance of developing a secure water supply for the future. Mayor Rhodes stated that, if the water releases were discontinued at Lake Corpus Christi, the attainment of a future water supply would still be imperative to the area. s 1 a Y Y s: s 1 a 1 f Minutes Regular Council Meeting September 15, 1992 Page 1r Mayor Rhodes stated that the closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S., in the matter of City of Corpus Christi, King Construction Co., Inc., Machunt Corporation, EPA Docket No. 6-89-0037A, had been canceled on the day's agenda. Mayor Rhodes called for the City Manager's report. City Manager Garza distributed educational material developed by the Texas A&M University on Africanized bees and stated that copies would be distributed locally. Mayor Rhodes called for Council concerns and reports. Mayor Rhodes discussed the local Parker Park Family Tree Program. She stated that a tree could be planted honoring someone for a donation fee of $60, and interested parties could contact Johnson Greenhouses for more information. Mayor Rhodes also referred to a letter she received from Senator Lloyd Bentsen requesting support of the Federal Enterprise Zones to help fight unemployment and poverty, and stated she would provide the letter to Council Members. Mayor Rhodes next referred to several telephone call complaints she received regarding security lights in the City. City Manager Garza stated he would investigate the matter. Mayor Rhodes discussed a letter she received from the United States Conference of Mayors identifying organizations which are accepting donations for the Hurricane Andrew victims. She also stated that interested parties could contact her office for further information. Council Member Slavik inquired if the August 1 increase of $20 to City employees for safety equipment was brought to the Council for approval, and City Manager Garza stated that the program involving safety equipment had been previously approved by Council and was essential in reducing on -job accidents. Further, responding to Mrs. Slavik's inquiry about the recent refreshments provided to City employees, Mr. Garza stated that the City paid for the refreshments which were a part of the United Way campaign and City efforts to show appreciation to City employees for their hard work. Next, Mrs. Slavik referred to a recent letter of Council Member McComb's, and Mr. Garza stated that he would provide the Council with a copy of his response to Mr. McComb. Mr. Garza further explained that this letter involved a citizen request to the Texas Water Commission regarding raw sewage seepage in the Brawner Park area and was not current or anticipated litigation. Mayor Rhodes called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:15 p.m. on September 15, 1992. 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 15, 1992, which were approved by the City Council on September 22, 1992. WITNESSETH MY HAND AND SEAL, this the 9th day of November, 1992. Armando Chapa City Secretary SEAL