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HomeMy WebLinkAboutMinutes City Council - 09/22/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 22, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Cezar Galindo * Leo Guerrero Edward Martin Joe McComb Dr. David McNichols Betty Jean Longoria 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 Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. 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 15, 1992. City Secretary Chapa explained some corrections to the minutes reflecting Council Member McComb's absence, clarification of a .75 cents figure in the recycling contract in Item 5, and Council Member Slavik's request to include her concluding comments regarding the refreshments recently served at City Hall, safety equipment funds, and Council Member McComb's letter. Mayor Rhodes then proclaimed them approved as amended. * * * * * * * * * * * * * Mayor Rhodes recessed the Regular Council Meeting for the Job Training Partnership Act Executive Conunittee Meeting. Mayor Rhodes reconvened the Regular Council Meeting. MICROFILMED Minutes Regular Council Meeting September 22, 1992 Page 2 * * * * * * * * * * * * * Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council. Nueces County Community Action Agency Mayor Rhodes, Reappointed Sonya K. Lee, Reappointed Betty Jean Longoria, Reappointed (Self) Leo Guerrero, Reappointed Freddy Cavazos, Reappointed * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 8, and Council Members requested that Items 1, 2, 4, 6, and 8 be withheld for discussion. Mayor Rhodes announced that Item 5 had been withdrawn from consideration. Council Member Galindo arrived at the Council Meeting at 2:15 p.m. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M92-257 Motion approving a contract to provide de -installation, transportation and installation service of computer equipment in accordance with Bid Invitation No. BI -0013-93 with IBM Corporation, Corpus Christi, Texas based on only bid for a total of $24,490. This contract will be administered by Municipal Information Systems and involves the computer equipment purchased from Exxon Corporation. Funds are available in the FY 1992-1993 Operating Budget by Municipal Information Systems. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 7. SECOND 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 second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Council Meeting September 22, 1992 Page 3 Relative to Item 1, motion approving a supply agreement for backfill sand and golf course sand with ERI, Inc., Council Member Slavik referred to the pending golf course privatization and inquired whether or not a savings could be realized through delaying the purchase. City Manager Garza stated that this authorization was a supply agreement only and sand for the golf course would be purchased as needed. Mr. Garza also commented that golf course expenses were being closely monitored. Council Member Moss referred to the bid tabulation price of $2.50 a ton and explained that this price was basically a charge for the delivery of the sand and that the sand was free. Mr. Moss also pointed out that dirt for the landfills is sometimes below $2.50 a ton which verifies that the City is charged for transporation costs only in this area too. Mr. Garza confirmed Mr. Moss' statement. Pursuant to Item 2, motion approving supply agreements for computer cards, forms, and labels for an estimated annual expenditure of $17,937.03, Council Member Moss suggested using this opportunity to redesign the City's utility bill, and Mr. Garza explained that this was a supply agreement, and explained the system modifications involved. Mr. Garza further stated he would investigate Mr. Moss' suggestion. Relative to Item 4, motion approving the use of the Watergarden as a site for the 1993 Festival of the Arts, Council Member Slavik inquired about the status of a new festival site which would limit the use of the Watergarden. Mr. Garza stated that an area under the Harbor Bridge had been designated by the Council as a permanent festival site. Mr. Garza also discussed the difficulties involved in acquiring a first class festival site in the community because financing was a major factor. Mr. Garza also concurred with Mrs. Slavik's concern about excessive Watergarden use and stated that the use as a festival site was presently limited to two events per year. He stated that these events were the Texas Jazz Festival and the Festival of the Arts. Responding further to Mrs. Slavik's inquiries, Mr. Garza stated that a new festival site was not presently considered by the Council to be a priority item. Mayor Rhodes opened the discussion on Item 6, Amending the Code of Ordinances, Chapter 53, Traffic, Section 53-250, Schedule I, One -Way Streets and Alleys by designating Lipes Boulevard as a one-way street. Council Member Martin inquired if the change had been reviewed by the Traffic Safety Advisory Board. Mr. Carl Crull, Director of Engineering, explained the reasons this review had not been performed. Mr. Martin next discussed the dangers involved when a two-way major collector street is changed into a one-way street only during certain hours. Mr. Crull discussed the change and stated that staff believes this designation is safe. A discussion ensued regarding other locations in the City which have similar situations. Council Member Galindo suggested one-way designation during posted school hours, and, when the subdivision was more fully developed, permanent one-way designation. Minutes Regular Council Meeting September 22, 1992 Page 4 Mayor Rhodes recommended police supervision during the first days of enforcement to allow for familiarity of the new regulations. Council Member Martin commented that new school development should be closely monitored initially providing for proper location and street patterns. A discussion developed and it was determined that better coordination between the City and the school district was needed, and that initial plans should include an area for dropping off and picking up children. Council Member Moss expressed concern that issues are not brought before the Traffic Advisory Board before Council presentation. Mayor Rhodes called for comments from the audience. Mr. Alfred Lorek, 1315 Craig, stated that one-way designations in the middle of two way streets during certain hours was not prominent in other areas. Mayor Rhodes moved to declare an emergency and allow passage of the ordinance on one reading. This motion was seconded by Council Member Guerrero and passed unanimously. Mayor Rhodes opened the discussion on Item 8, 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 per enplaned passenger for a period of five years beginning November 1, 1992. Mayor Rhodes called for comments from the audience. Mr. J. E. O'Brien, 4130 Pompano, reviewed reasons he opposed the Passenger Facility Charge (PFC) stating that he felt this charge would be double taxation. Responding to Mr. O'Brien's continents, Mayor Rhodes commented that the PFC was in lieu of bonds or a tax increase, and Mr. Martin stated that the PFC charge followed the policy of the Council to employ user fees for selective services when feasible. City Secretary polled the Council for their votes and the following passed as follows: 1. M92-255 Motion approving a supply agreement for backfill sand and golf course sand in accordance with Bid Invitation No. BI -0212-92 with ERI, Inc., Corpus Christi, Texas based on low bid of $42,862.50. The term of the contract shall be for six months with an option to extend for up to an additional six months subject to the approval of the supplier and the City Manager or his designee. The backfill sand is used by the Gas, Water and Wastewater Departments and the golf course sand is used by the Parks and Recreation Department. Funds have been budgeted in FY 1992-93. Minutes Regular Council Meeting September 22, 1992 Page 5 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 2. M92-256 Motion approving supply agreements for computer cards, forms and labels in accordance with Bid Invitation No. BI -0203-92 with the following companies for the following amounts based on low bid and best bid for an estimated annual expenditure of $17,937.03. The term of the agreements 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. These items will be used by Municipal Information Systems. Funds are available in the FY 1992-93 Operating Budget of Municipal Information Systems. Data Documents Houston. Texas $10,780.56 (subject to price adjustment) Grand Total: $17,937.03 FormCraft, Inc. Houston. Texas $7,156.47 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 4. M92-258 Motion approving the use of the Watergarden as site for the 1993 Festival of the Arts. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5. WITHDRAWN and Company at an estimated arms 1 premium including taxes of $252,931.16 and a 1.;olc brokerage fcc of $31,301.80. These policies include blanket building and t•.. premiums arc available in the City's Sclf Insurance Fund. 6. ORDINANCE NO. 021482 Amending the Code of Ordinances, Chapter 53, Traffic, Section 53-250, Schedule I, One -Way Streets and Alleys by designating Lipes Boulevard as a one-way street in the northbound direction of travel between Yorktown Boulevard and Lethaby Drive, during designated school hours. Minutes Regular Council Meeting September 22, 1992 Page 6 An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 8. ORDINANCE NO, 021483 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 by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik voting "No." Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Items 9a through 9d, relating to the City's future water supply, and read each resolution's objective. City Manager Garza commented on a 1984 newspaper article which discussed Lake Texana water transfers as a long term solution. He further stated that the Mayor's Water Advisory Committee, City staff, and employed legal experts supported the proposed resolutions. Mr. Berney Paulson, Chairman of the Mayor's Water Advisory Committee, stated that these options, along with conservation return flows from Nueces Bay to replace mandated water releases, would allow for a fifty year water supply. Mr. Paulson also recognized contributions of the Board of Trade, Port Authority of Corpus Christi, and the Corpus Christi Economic Development Corporation, and stated they supported the option agreements and the proposed study. Responding to Council Member McComb's inquiries, Mr. James Dodson, Regional Water Director, explained new high and low system yields. Mr. Dodson also stated that the mandated water releases diminished the firm yields by 42,000 acre-feet of water. Mr. McComb next stated that, if the City secures these two options, and that additional water is available to the City, the City would almost always be mandated to release the full 91,000 acre-feet of water because the City would have the supply available. Mr. Dodson discussed the current negotiations through the Nueces Estuary Advisory Council for a more reasonable long term water release plan. Mr. Dodson also stated that the City would still need long term water in any event. Responding to Mr. McComb's inquiry, Mr. Dodson explained the Lavaca-Navidad Option Agreement which would provide up to 41,000 acre-feet of water. He further stated that the firm figure would be 32,000 acre-feet with an additional 10,000 acre-feet available on an interim basis. Minutes Regular Council Meeting September 22, 1992 Page 7 Council Member McComb stated that he would support the Lavaca-Navidad agreement, but expressed concern about the Garwood Irrigation agreement stating that he could not justify the purchase of water to release water. Mr. McComb stated that the City should attempt to end the mandated water releases. Council Member Martin recommended that the Lavaca-Navidad River Authority, the Nueces River Authority, and the South Texas River Authority participate in the study as a signatory or consulting partner. Next, Mr. Martin expressed concern that the City was not the project manager of the study, and Mr. Garza stated that the arrangements were made by the Texas Water Development Board, and the City concurred with such arrangements. Mr. Garza further stated that the City did not request to be the project manager, and that when the suggestion was made to make the loan directly to the City, it was too late. Mr. Garza further stated that the City agreed upon HDR Engineering, Inc. as the mutually acceptable and qualified consultant based on their experience and previous work performance for the City. Council Member McNichols stated that Garwood Irrigation Company has the preempted water rights dating back to 1900. Dr. McNichols further commented that the Texas Water Development Board, who is assembling the study, wanted the present terms. Mr. Paulson discussed the selection of the Lavaca-Navidad River Authority (LNRA) as the project manager and the proposed engineering contractors. Mr. Paulson next referred to the letter from the Nueces River Authority offering to be the financing agency for pipelines and offering general assistance. Council Member Slavik inquired about the reimbursement to the Port for the Lake Texana option, and Mr. Martin stated that the cost was $100, and that the remaining $24,900 would be applied toward the purchase agreement. Council Member Moss stated that at Senator Truan's recent symposium on water, it was his impression that the study would encompass the full five years. Mr. Moss also inquired if Lake Texan's pending litigation concerning water releases would affect the City's purchased water rights. Mr. Paulson stated that this litigation had been settled by the Texas Parks and Wildlife Commission, the LNRA, and the Texas Water Development Board (TWDB), and would not affect the City. Council Member McNichols commented on the importance of acquiring a new water supply to secure future growth and development for Corpus Christi. Dr. McNichols further stated that new water sources are limited, and that desalinization has been extensively investigated and proven to be expensive. He next stated that the presently proposed options were expensive, but were presently the most affordable. He next stated that, if new water sources were not acquired, it would affect the City's future growth, development, jobs, business, industry, and tourism. He next stated that we are not in an emergency situation presently but, without adequate rains over a long period of time, drought conditions could occur. Dr. McNichols next discussed drought management, and stated that long term drought management interferes with recruiting businesses and jobs. Dr. McNichols next stated that there is concern about the water releases and attempts are being made to Minutes Regular Council Meeting September 22, 1992 Page 8 moderate them. He also stated that the City has two responsibilities: acquiring new water sources for growth and development, and protecting the environment. Responding to Council Members' concern about the operating level at Lake Corpus Christi, Mr. Garza stated that lowering the operating level below 88 feet would be a Council decision and was not anticipated. Responding to Council Member Slavik's request, Mr. Dodson reviewed the costs involved in the option agreements and the proposed study terms. He further stated that the total costs would be approximately $325,000 during the eighteen month option period. Council Member Guerrero reviewed past deliberations regarding future water supplies, and stated that he supported the present issues. Responding to Mr. Guerrero's comments, Mr. Garza stated that the present issues were consistent with the proposed plans of 1984. Mr. Guerrero further stated that alternatives should continue to be pursued. Dr. McNichols next reviewed the water options which were examined extensively by the Mayor's Water Advisory Committee before final recommendation to the Council. Additionally, Mr. Paulson discussed the cost of desalinization and compared these costs to the costs of water from Garwood Irrigation Company and Lake Texana. Responding to Council Member Galindo's inquiry, Mr. Dodson reviewed projected water rate increases pertaining to the two proposed options, and discussed specific consumers responsible for water rates. Mr. Dodson also discussed the demographic analysis performed by TWDB. Mr. Galindo inquired about water rates presently paid by consumers, and Mr. Dodson stated that he would provide specific figures to the Council. Council Member Martin discussed the costs to the City regarding the items presently before the Council. Mr. Martin stated that approximately $400,000 would be required for the South Central Texas Study, Trans -Texas Water Program, approximately $1 5 million for the Garwood Irrigation project option and approximately $14 million for the purchase, and approximately $25,000 for the Lake Texana option. Mr. Martin further stated that approximately $1 million would be spent in the next year. Council Member McComb expressed concern about the costs of the Garwood Irrigation Company option agreement in association with the mandated water releases. Responding to Mr. McComb's comments, Mayor Rhodes commented that the present Council's actions would result in the same conclusions without additional inconveniences. Dr. McNichols discussed negotiations among the Nueces County Advisory Council, the Special Policy Committee appointed by the Texas Water Commission, and the City regarding the water releases. Dr. McNichols next reiterated that new water sources were necessary for the future. Dr. McNichols next discussed the importance of the two options presently before the Council. Returning to Mr. Moss' earlier inquiry regarding Lake Texana litigation, Mr. Garza stated that the matter had been settled, but if Lake Texana were challenged in the future Minutes Regular Council Meeting September 22, 1992 Page 9 regarding water releases, it is possible that those costs would be included in the present contract. Mr. Moss inquired whether or not language could be added to the contract avoiding such expenses, and Mr. Garza stated that he would investigate the matter. Council Member Slavik stated that she was not aware of the large costs involved in the issues before the Council, and requested a copy of Mr. Martin's previous calculations. Mr. Garza stated that he would provide such figures. Responding to Council Member Galindo's inquiry, Mr. Garza and Mr. Dodson reviewed the current and future costs of water. Mr. Dodson further stated that the proposed relief from the Choke Canyon debt would help reduce these costs. Mr. Garza next discussed the educational programs scheduled regarding water rates to consumers. Mayor Rhodes called for comments from the audience. Mr. Alfred Lorek, 1315 Craig, commented on a television program involving Sweden's new technology for harvesting water. Mr. J. E. O'Brien, 4130 Pompano, discussed the importance of developing other water alternatives, and stated he felt interbasin transfers were questionable and needed further investigation. City Secretary Chapa polled the Council for their votes and the following passed: 9a. RESOLUTION NO. 021484 Resolution authorizing the City Manager to execute an agreement accepting assignment from the Port of Corpus Christi Authority of an Option Agreement to purchase 41,280 acre-feet of water per annum from the Lavaca-Navidad River Authority. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9.b. RESOLUTION NO. 021485 Resolution authorizing the City Manager to execute an agreement for an Option to Purchase up to 35,000 acre-feet of water rights from Garwood Irrigation Company. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye"; McComb voting "No." Minutes Regular Council Meeting September 22, 1992 Page 10 9.c. RESOLUTION NO. 021486 Resolution authorizing the City Manager to execute an agreement with the Lavaca- Navidad River Authority for Joint Sponsorship of a Regional Study of Alternatives for Transporting Water to Corpus Christi. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss, and Slavik voting "Aye"; Martin voting "No." 9.d. RESOLUTION NO. 021487 Resolution authorizing the City Manager to execute an agreement with the Port of Corpus Christi Authority and the Corpus Christi Board of Trade whereby they reimburse the City for part of the expenses from the regional study jointly undertaken by the City and the Lavaca- Navidad River Authority to determine alternatives for transporting water to Corpus Christi. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." i i• f!! i i i f i i t Mayor Rhodes announced the public hearing on the following zoning application: 10. Case No. 892-2. Ken Combs: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 6C and 7, Block 2, Osage Addition, located on the northwest side of Everhart Road approximately 256 feet northeast of Lamont Street. Mayor Rhodes stated that both the Planning Commission and Staff recommended approval of the application. No one opposed the zoning change. Mayor Rhodes called for public comment on the zoning application and there being none, Council Member Guerrero moved to close the public hearing, seconded by Council Member Moss, and passed unanimously. 10. ORDINANCE NO. 021488 Amending the Zoning Ordinance upon application by Ken Combs by granting a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 6C and 7, Block 2, Osage Addition. Minutes Regular Council Meeting September 22, 1992 Page 11 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes announced the public hearing on the following zoning application: 11. Case No 892-3 E. Robert Adler dba Roan Real Estate Co. Inc : A change of zoning from "R -1B" One -family Dwelling District to "I-3" Heavy Industrial District on the west 275 feet of Lot 10, Hillcrest One Acre Tracts, located on the east side of Old Robstown Road, approximately 360 feet north of Agnes Street. Mayor Rhodes stated that the Planning Commission's and Staffs recommendation was denial of the "I-3" District, and in lieu thereof, approval of a Special Permit for outside storage and vehicle parking subject to six conditions. Mayor Rhodes called for comments from the audience. Ms. Elvira Trujillo Espitia, 3610 Victory Drive, expressed opposition to the zoning change. Ms. Espitia stated that the change would increase traffic in the area and would be hazardous to local children and elderly people. Ms. Emma Prieto, 3601 Victory Drive, stated that she opposed the zoning change, and discussed local traffic patterns. Council Member Galindo referred to a similar case in which the Council concurred with the Planning Commission and staff and did not allow the special permit. He stated that this change would also be hazardous to Local children. Responding to Council Member Martin's inquiry, Mr. Tom Utter, Director of Development Services, described the surrounding area. Planner Michael Gunning presented a slide presentation identifying various zoning and street patterns in the area. Responding to Council Members' concerns, Mr. Utter stated that staff felt that there would not be a substantial increase in traffic, that the property would not be utilized for residential use in the future, and that the proposed use was appropriate. Council Member McComb suggested limiting access to the property from Old Brownsville Road. Mr. Robert Adler, applicant, discussed the improvements recently made to the property allowing access to a storage building located on the property. Mr. Adler also discussed vandalism in the area. Mr. Adler further stated that the use of three trucks per day was anticipated. Minutes Regular Council Meeting September 22, 1992 Page 12 Council Member Martin stated that he supported the change which he felt was an appropriate use for the property. Council Member Martin moved to close the public hearing, seconded by Council Member Guerrero, and passed unanimously. Mayor Rhodes stated that she would vote no on the current zoning case because the area is residential, and does not feel the change is appropriate. City Secretary Chapa polled the Council for their vote and the ordinance passed: 11. ORDINANCE NO, 021489 Amending the Zoning Ordinance upon application by E. Robert Adler dba Roan Real Estate Co., Inc., by granting a Special Permit for outside storage and vehicle parking subject to six conditions on the west 275 feet of Lot 10, Hillcrest One Acre Tracts. An emergency was declared and the foregoing ordinance passed by the following vote: Guerrero, Longoria, Martin, McComb, Moss, and Slavik voting "Aye"; Rhodes, McNichols, and Galindo voting "No." Mayor Rhodes recessed the Council Meeting for a five minute recess. Mayor Rhodes reconvened the Council Meeting. Mayor Rhodes opened the public hearing on adopting the Port/Airport/Violet Area Development Plan, an element of the Comprehensive Plan. 12. A presentation on the Port/Airport/Violet Area Development Plan (PAV), An Element of the Comprehensive Plan followed. Mr. Brandol Harvey, Director of Planning, informed the City Council of the past and future accomplishments and goals of the City's Comprehensive Plan. Mr. Harvey also reviewed Article V, Planning, of the City Charter as it relates to the Comprehensive Plan. Responding to Council Member McNichols' inquiry, Mr. Utter stated that he would provide a copy of the Policy Statements, an Element of the Comprehensive Plan, to the Council Members. Responding to an inquiry from Council Member Slavik, Mr. Harvey stated that, after the completion of the area plans, a review of the land development regulations and current zoning would be appropriate. Minutes Regular Council Meeting September 22, 1992 Page 13 Council Member Moss inquired about policing Extra Territorial Jurisdictions (ETJ), and Mr. Harvey reviewed the City's and State's current and proposed enforcement policies. Further, Mr. Utter stated that, so far, the ETJ development had met the City's standards. Responding to Dr. McNichols' question, Mr. Harvey stated that he would provide a pamphlet to the City Council describing the platting process. Council Member Galindo expressed concern that the proposed plan was not authoritative. Mr. Harvey stated that the adoption of an area development plan appropriately established a flexible policy which would encourage proper growth in the City. Mr. Utter next discussed the recommended change by the Planning Commission and staff which involved a correction to the Sedwick Road right-of-way. Mr. Utter then discussed the development of the plan which involved coordination among the Port Authority of Corpus Christi, Corpus Christi International Airport, and Texas Department of Highways and Public Transportation. Mayor Rhodes stated that Mr. Daniel Pedrotti was present at the day's Council Meeting and stated that the Airport Advisory Committee supported the plan. Mr. Utter introduced Mr. Robert Payne, Senior Planner, to discuss the Port/Airport/Violet Development Plan. Through the use of slides, Mr. Payne pointed out the boundaries of the plan, landmarks, and specific sites in the area. Mr. Payne reviewed the existing land uses, reviewed past and present population growth in the area, and presented the most suitable land uses for the area. Mr. Payne next discussed the Plan's recommendation of annexing the area between the current city limits and the southern boundary of Oso Creek, and proposed improved transportation routes. Mr. Payne also discussed protecting the airport from incompatible activities, and identifying environmentally sensitive areas that constitute preservation. Responding to Council Members' inquiries, Mr. Payne explained the proposed modifications to the Oso Parkway location and the Westside Plan. Mayor Rhodes called for comments from the audience. Ms. Dorothy Corcoran, 734 Chase Drive, inquired whether or not the proposed annexation would occur in the near future, and inquired of annexation procedures. Next, Mr. Payne discussed state law requirements for annexation. Ms. Corcoran expressed concern about the proposed annexation and stated that the property consisted mainly of farm land. Mr. Payne stated that the current use would continue without interruption, and discussed incompatible uses for the area. Minutes Regular Council Meeting September 22, 1992 Page 14 Responding to an inquiry from Mayor Rhodes regarding the annexation proceedings, City Attorney Bray stated that the City Council could annex by ordinance, but if a petition of five hundred signatures were presented, the annexation would require an election. Council Member McComb expressed concern regarding the policy statement in the Plan stating the City should continue to work with the Texas Water Commission and support enforcement of stormwater regulations. Mr. Utter explained the federal stormwater regulations, and commented that this was the first plan to contain this language. City Secretary Chapa polled the Council for their votes and the following passed: 12. RESOLUTION 021490 Approval of the Port/Airport/Violet Area Development Plan for adoption as an Element of the City of Corpus Christi Comprehensive Plan, establishing City Council's Development Objectives, Policies, and programs for the area. The foregoing resolution passed by the following vote: Rhodes, Longoria, McNichols, Moss, and Slavik voting "Aye"; McComb voting "No"; Galindo, Guerrero, and Martin absent. Mayor Rhodes called for the City Manager's report. City Manager Garza discussed recent emergency air conditioning repairs at City Hall. He further commented that a survey and analysis of the air conditioning system was being performed and requested concurrence from the City Council for the actions he had taken. Council Member Moss expressed concern that the Council was not kept informed of the situation. Mayor Rhodes moved to concur with the actions taken by the City Manager regarding the air conditioning at City Hall, seconded by Council Member McNichols. Mayor Rhodes called for a voice vote on the motion and the motion passed unanimously. Council Member Moss inquired about the proposed street paving specifications. Mr. Garza explained the problems encountered, and stated that he would provide the Council a date upon which the specifications would be presented. Mayor Rhodes commented on problems concerning flood lights in residential areas of the City. Mr. Utter explained the problems involved in regulating night lights, and discussed situations in other cities that attempted to regulate residential night lighting. Mayor Rhodes called for Council concerns and reports. Council Member McComb referred to a newspaper article he recently distributed among Council Members regarding poor shrimping in Aransas Pass due to flooding and fresh water runoff. Mr. McComb questioned the effects of mandated water releases, and made a motion to instruct staff to contact the Texas Water Commission, asking them to re- open the proceedings related to the mandated water releases so the City may seek relief from the releases, and, if this is unsuccessful, then proceed to the court for injunctive relief Minutes Regular Council Meeting September 22, 1992 Page 15 from the releases. Mayor Rhodes stated that, if problems are occurring due to an abundance of water, releasing more water would not be beneficial. Mayor Rhodes next suggested a modified motion. Mr. McComb commented that, under the present agreement, 11,500 acre-feet of water would be released at the end of the month. Council Member Moss seconded the motion. City Manager Garza stated that he previously contacted the Texas Water Commission regarding the mandated water releases, and that he was awaiting a response. Mayor Rhodes suggested to consider Mr. McComb's motion after receiving a response from the Texas Water Commission. Council Member Slavik suggested that staff contact the Coastal Bend Fishing Guide Association and local organizations for assistance. Dr. McNichols explained that the large amount of recent rain water in the bays and estuaries was currently detrimental, but would be beneficial in the future. Dr. McNichols stated that requesting a review of the current mandated water releases regarding the recent rains would be appropriate. Responding to Council Member McComb's concern, Mayor Rhodes referred to the compromise between the City and the Texas Water Commission which would allow time to obtain correct scientific data. Mayor Rhodes called for a hand vote on the motion, and the motion failed. Council Member McComb referred to an article in the Texas Municipal League (TML) magazine entitled, "How Politics is Strangling Environmentalism," and suggested Council Members read the article. Council Member Slavik commented on Mr. Utter's report to the Council regarding roof construction after Hurricane Andrew. Mr. Utter briefly explained specific roof requirements in the Southern Building Code, and stated that he would provide further information. Council Member Slavik expressed concern that the City of Corpus Christi was not listed in the American Automobile Association (AAA) World Magazine Calendar of Events. Mayor Rhodes commented that she had sent a letter regarding this matter. Mayor Rhodes called for petitions from the audience. Mr. Javier Rios, Flour Bluff resident, discussed a problem he was having with his neighbor's night flood lights, and requested assistance from the City. City Manager Garza stated that he would investigate the matter further in order to develop a solution to the problem. Minutes Regular Council Meeting September 22, 1992 Page 16 Mr. R. F. Hasker, 1813 Wallace, commented on the refreshments recently distributed to City employees by the City. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:20 p.m. on September 22, 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 22, 1992, which were approved by the City Council on October 6, 1992. WITNESSETH MY HAND AND SEAL, this the 9th day of November, 1992. f"1 Armando Chapa City Secretary SEAL