HomeMy WebLinkAboutMinutes City Council - 10/20/1992MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 20, 1992
2 p.m.
PRESENT
Mayor Mary Rhodes
Council Members:
Cezar Galindo
*Leo Guerrero
Edward Martin
Joe McComb
Dr. David McNichols
Betty Jean Longoria
Clif Moss
ABSENT
Mayor Pro Tem 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 Reverend E.F. Bennett, following which the Pledge
of Allegiance to the Flag of the United States was led by Council Member Betty Jean
Longoria.
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 October 13, 1992, and there being no corrections, she proclaimed them approved as
presented.
s
s
x s s s s s s s s s
Mr. Joe McComb, Chairman of the Workforce Development Corporation, presented
Ms. Kimberly Garrett Allen with a plaque on behalf of the Governor of Texas in recognition
for having been designated the outstanding 1992 Alumna of the Jobs Training Partnership
Act program.
MICROFILMED
Minutes
Regular Council Meeting
October 20, 1992
Page 2
Mayor Rhodes announced the public hearing on zoning Case Number C592-3, City
of Corpus Christi. Mr. Tom Utter, Director of Development Services, requested that all the
zoning cases be presented at the same time because they were all located in the same
general area.
Mr. Utter presented a brief background on the cases and stated that the cases were
instituted by the City of Corpus Christi to coincide with the Westside Development Plan.
Mr. Brandol Harvey, Director of Planning, presented an overview of the proposed
plans. A brief question and answer period followed.
Mayor Rhodes called for comments from the audience regarding Item 1.
Mr. Jim Kucera, 310 Haroldson, stated that he was in opposition to the rezoning
because his property is currently zoned for light industrial use. He felt that the zoning
should remain the same because of possible rezoning of surrounding areas to light industrial
use. Mr. Kucera also stated that if the property were rezoned, the value of his property
would decrease. He stated that in talking with his attorneys, he was instructed that this
action would be illegal. Mr. Utter and Mr. Bray stated that the action was not illegal.
Mr. Kucera stated that he understood West Oso Independent School District
discouraged residential zoning and development because of the additional student load. Mr.
Utter replied that the City had not received information regarding the District's position on
the residential zoning. Mr. Utter stated that the District is primarily concerned with
increasing their tax base through industrial zoning.
Mr. Kucera also stated that funds have not been allocated for the Holly Road
extension in conjunction with the proposed plans. He felt that a bond issue would be
necessary to appropriate monies for the Holly Road extension. Mr. Utter stated that
depending on the local share of the matching funds with various highway department
funding, there may or may not be a bond issue.
Council Member Moss asked who brought the cases before Council and the
reasoning for the changes. Mr. Utter replied that the City had brought the cases before the
Council in an attempt to make the area more compatible with the Westside Development
Plan.
Mr. Putt Hill, President of Putt Hill Investments, spoke in opposition to the rezoning.
He also spoke on behalf of Mr. Charles Kosarek and stated that the landowners felt they
should have a majority "say" in the rezoning.
Mr. Darryl Haas, 6838 Aswan, objected to the rezoning and stated that it would
impact the piece of property he owns. He also informed the Council that landowners had
not been notified of the Westside Development Plan.
Mayor Rhodes announced the public hearing on Item 2, Case Number C592-4, City
of Corpus Christi.
Minutes
Regular Council Meeting
October 20, 1992
Page 3
Mr. Harvey presented an overview of the case, and Mayor Rhodes called for
comments from the audience, and there being no comments, a question and answer period
followed.
Council Member McNichols expressed concern that the plans projected too far into
the future to be considered. He stated that if the City were in a rapid growth period, he
would consider the zoning plans as presented. Mr. Harvey responded by saying that the
plan would not be stagnant for a long period of time. He stated that the comprehensive
plan addresses the issue of using protective measures in preparation for the future.
Mayor Rhodes announced the public hearing on Item 3, Case Number C592-5, City
of Corpus Christi. Mr. Harvey presented an overview of the case, and Mayor Rhodes called
for comments from the audience.
Mr. Darryl Haas expressed concerns on the Special Permit granting his use of
aboveground storage tanks. He stated that the ordinance presented would require
permission to use the tanks which was not the agreement he had made with the City. Mr.
James Bray, City Attorney, stated that the amended ordinance would allow him to use
storage tanks.
Council Member Martin expressed concerns with the issue of Special Permits for
specific purposes.
Mayor Rhodes announced the public hearing on Item 4, Case Number C592-6, City
of Corpus Christi. Mr. Harvey presented an overview of the case.
Mayor Rhodes called for comments from the audience.
Mr. Tim Clower one of the owners of the tracts, stated that the zoning change would
be contingent upon the extension of the new freeway. He also expressed concern that the
property would have to be brought back to Council every year for a Special Permit. Mr.
Bray stated that an extension could be granted on the Special Permit.
Mr. E.D. Haas, 351 Troy, asked if the Special Permit in Case No. C592-5 would be
valid for one year and renewable yearly. Mr. Bray stated that the permit would not need
to be renewed yearly if the Council granted a longer period.
Council Member Longoria made a motion to close the public hearing, seconded by
Council Member Moss, and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes on the following:
1. FAILED TO PASS
Case No. C592-3. City of Corpus Christi: A change of zoning from "R -1B" One -
family Dwelling District and "I-2" Light Industrial District to "B-3" Business District
on Tract 1 and from "F -R" Farm -Rural District, "R -1B" One -family Dwelling District
Minutes
Regular Council Meeting
October 20, 1992
Page 4
and "I-2" Light Industrial District to "R-2" Multiple Family Dwelling District on Tract
2, on the southeast portion of Lot 13 and the east portion of Lots 11 and 12, W.O.
Womack Farm Lots; southwest portion of Lots 5 and 12, Baldwin -Moore Farm Lots;
west 395 feet out of the north 2,330 feet of the William J. Robertson Tract; and the
northeast 130 feet out of Tracts 2 and 3, William Robertson Farm Tracts, located
south and parallel to N.A.S. Railroad and approximately 2,600 feet southeast of Old
Brownsville Road.
ORDINANCE
Amending the Zoning Ordinance upon application by the City of Corpus Christi by
granting a change of zoning from "R -1B" One -family Dwelling District and "I-2" Light
Industrial District to "B-4" General Business District on Tract 1 and from "F -R"
Farm -Rural District, "R -1B" One -family Dwelling District and "I-2" Light Industrial
District to "R-2" Multiple Family Dwelling District on Tract 2, on the southeast
portion of Lot 13 and the east portion of Lots 11 and 12, W.O. Womack Farm Lots;
southwest portion of Lots 5 and 12, Baldwin -Moore Farm Lots; west 395 feet out of
the north 2,330 feet of the William J. Robertson Tract; and the northeast 130 feet
out of Tracts 2 and 3, William Robertson Farm Tracts.
An emergency was declared and the foregoing ordinance failed to pass by the
following vote: Rhodes, Galindo, Martin, McComb, McNichols, and Moss voting
"No"; Longoria voting "Aye"; Guerrero and Slavik absent.
* * * * * * * * * * * *
Mayor Rhodes made a motion that Council concur with the recommendations made
by the Planning Commission and Staff on Item 2; seconded by Council Member Galindo.
A brief discussion ensued.
City Secretary Chapa polled the Council for their votes on the following:
2. M92-281
Case No. C592-4, City of Corpus Christi: A change of zoning from "R -1B" One -
family Dwelling District and "R -1C" One -family Dwelling District to "I-2" Light
Industrial District on the northeast 175 acres of William J Robertson Tract located
on the southwest corner of N.A.S. Railroad and Airport Drainage Channel.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McComb, McNichols, and Moss voting "Aye"; Guerrero and Slavik absent.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
October 20, 1992
Page 5
Mayor Rhodes made a motion that the ordinance be amended to add the use of
storage tanks on Item 3; seconded by Council Member Galindo and passed unanimously by
those present and voting.
City Secretary Chapa polled the Council for their votes on the following:
3. FAILED TO PASS AS AMENDED
Case No. C592-5. City of Corpus Christi: A change of zoning from "I-3" Heavy
Industrial District to "I-2" Light Industrial District on Lot 4, Block 2, Cedar Grove
and Lot 2, Section 5, Bohemian Colony Lands, located on the northwest corner of
Holly Road and Greenwood Drive.
ORDINANCE
Amending the Zoning Ordinance upon application by the City of Corpus Christi by
granting a change of zoning from "I-3" Heavy Industrial District to "I-2" Light
Industrial District on Lot 4, Block 2, Cedar Grove and Lot 2, Section 5, Bohemian
Colony Lands and by granting a Special Permit for an asphalt mixing subject to Uses
criteria on the southwest 3.37 acres on Lot 2, Section 5, Bohemian Colony Lands.
An emergency was declared and the foregoing ordinance failed to pass as amended
by the following vote: Rhodes, Galindo, Longoria, Martin, voting "Aye"; McComb,
McNichols, and Moss voting "No"; Guerrero and Slavik absent.
Mr. Martin made a motion that the ordinance be amended such that a Special Permit
be issued with a three year life on Item 4; seconded by Mayor Rhodes and passed
unanimously by those present and voting.
Council Member McNichols asked if it would be preferable to leave the location
zoned as residential. Mr. Utter replied that a preference would be to have a lower density
residential development. He stated that the zoning request is a compromise.
City Secretary Chapa polled the Council for their votes on the following:
4. ORDINANCE NO. 021501
Case No. C592-6. City of Corpus Christi: A change of zoning from "I-2" Light
Industrial District to "R-2" Multiple Dwelling District on 25 acres out of Lot 8,
Section 7, Bohemian Colony Lands, located along the southwest side of N.A.S.
Railroad, approximately 1,350 feet east of Greenwood Boulevard.
ORDINANCE
Minutes
Regular Council Meeting
October 20, 1992
Page 6
Amending the Zoning Ordinance upon application by the City of Corpus Christi by
granting a change of zoning from "I-2" Light Industrial District to "B-4" General
Business District and a Special Council Permit for wholesale house in excess of 6,000
square feet and warehouses on 25 acres out of Lot 8, Section 7, Bohemian Colony
Lands.
An emergency was declared and the foregoing ordinance passed as amended by the
following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, and Moss
voting "Aye"; Guerrero and Slavik absent.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 5 through 10, and Council Members
requested that Items 5 and 7 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following items were
passed:
6. M92-278
Motion approving a supply agreement for approximately 5,000 recycling bins in
accordance with Bid Invitation No. BI -0019-93 with Rehrig Pacific Company, Dallas,
Texas, based on low bid meeting specifications for a total of $17,810. The term of
the contract will be twelve months with 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 bins will be used by Solid Waste Services in the City-wide Recycling
Program.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McComb, McNichols, and Moss: "Aye"; Guerrero and Slavik absent.
8.a. M92-280
Motion authorizing the City Manager or his designee to accept a grant in the amount
of $4,641 and to execute contracts and all related documents from the Texas
Commission on the Arts for the production of the 1992 Folklife Celebration to be
held in Heritage Park on November 7th and 8th, 1992.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McComb, McNichols, and Moss: "Aye"; Guerrero and Slavik absent.
8.b. ORDINANCE NO. 021502
Ordinance appropriating a matching grant in the amount of $4,641 from the Texas
Commission on the Arts.
Minutes
Regular Council Meeting
October 20, 1992
Page 7
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, and Moss: "Aye";
Guerrero and Slavik absent.
9. SECOND READING ORDINANCE
Authorizing the execution of a one year residential and grazing lease agreement with
Mr. S. Gene Wilson for a 20 acre tract of land with improvements located off
Yorktown Road, near Cayo Del Oso, for a rental fee of $500 per month. (First
Reading - 10/13/92)
The foregoing ordinance passed on the second reading by the following vote:
Rhodes, Galindo, Longoria, Martin, McComb, McNichols, and Moss: "Aye";
Guerrero and Slavik absent.
10. ORDINANCE NO. 021503
Amending Article V Flood Hazard Prevention Code, Chapter 13 Building; Division
3, Section 13-180 to provide a date change, and Section 13-196 to make a clerical
correction. (First Reading - 10/6/92; Second Reading - 10/13/92)
The foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McComb, McNichols, and Moss: "Aye"; Guerrero and Slavik absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the discussion on Items 5 and 7 relating to computer software
support and the Park Improvements projects.
Relative to Item 5, Council Member Galindo inquired as to the contract date of
August 1, 1992 and approving the contract at today's meeting. He asked if this procedure
was standard. Mr. Garza stated that the City was late in the awarding of the contract.
Mr. Galindo also asked if an additional cost would be presented at a later date for
the support of the system, because the company does not support the operating system. Mr.
Garza stated that approval of extensions to the system would be brought back to Council
as the need arises. Mr. Galindo requested information on the hardware, software, and
operating system vendor.
Relating to Item 7, Dr. McNichols asked if precautions have been taken in the
construction of the pedestrian bridge over an open ditch, and Mr. Carl Crull, Director of
Engineering, replied that precautions have been taken. He also stated that the bridge meets
OSHA standards.
Council Member Moss inquired as to the availability of funds for the project. Mr.
Crull stated that the funds became available through a recent bond sale.
Minutes
Regular Council Meeting
October 20, 1992
Page 8
City Secretary Chapa polled the Council for their votes and the following items were
passed:
5. M92-277
Motion authorizing the purchase of software support with Genasys, GIS software
vendor, in the amount of $10,300. The term of this contract will be 12 months with
the option to extend for up to two additional 12 month periods, subject to approval
of supplier and City Manager, or his designee.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McComb, McNichols, and Moss: "Aye'; Guerrero and Slavik absent.
7. M92-279
Motion authorizing Change Order No. 4 in the amount of $49,975 to the contract
with Progressive Structures for the CSSVW (Cullen, Sam Houston, South Seas,
Violet, and Waldron) Park Improvements project for additional parking lot work at
Violet Park ($17,475) and a pedestrian bridge at Waldron Park ($32,500).
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McComb, McNichols, and Moss: "Aye'; Guerrero and Slavik absent.
Mayor Rhodes called for consideration from the Regular Agenda.
Mayor Rhodes expressed her desire to forego the closed session and have an open
discussion on the City's Gas system. She felt that the ultimate decision to sell the system
should be made by the voters and further stated that the public should be informed as much
as possible; Mr. Martin concurred.
Council Member McComb stated that he felt the open session would result in bids
being at or below the appraised value of the system.
Mr. Martin stated that the appraisal would not disclose a figure on the value of the
system. Instead, the appraisal would list components of the gas system in which to allow
bidders to have the same information to bid on.
Mr. Garza felt that the open discussion would be useful for prospective bidders. He
stated that the bidder would be very informed on the gas system.
Mayor Rhodes recessed the Regular Council Meeting for preparation of the
presentation on the City's Gas system.
.............
Minutes
Regular Council Meeting
October 20, 1992
Page 9
Mayor Rhodes reconvened the Council Meeting and called for consideration of the
City's Gas system.
City Manager Garza expressed his desire to present information to the public on the
system. He stated that the consultants helped in the development of Request For Proposals
(RFPs) and next week, Council will be presented with the RFPs.
Mr. Steve Klepper, Public Works Financial Officer, introduced the consultants: John
Moore, Resource Management International (RMI); Rick Covington, CPA, specializing in
rate analysis; John Goodman, AUS, specializing in property appraisal; and William
Goldston, Goldston Engineering.
Mr. John Moore presented an overview of the valuation of the gas system. He stated
that the purpose of the presentation was to prepare an evaluation that assesses a range of
fair market values of the gas system which is derived by using a combination of industry -
standard methodology and local gas records. He also highlighted the valuation process,
research activities, valuation approaches, income approach, rate base, and utility ratemaking.
*Council Member Guerrero arrived at the meeting.
A brief question and answer period followed with further discussion regarding the gas
system.
Mr. Moore stated that the City could expect a reasonable range in the fair market
value of the system to be $26 million to $32 million.
Council Member Moss inquired as to the capitalization of premiums on the system.
Mr. Moore replied that the buyer would be limited to profits generated by the rate base.
Mr. Moss expressed concerns regarding the ratemaking authority. Mr. Moore stated
that the City would be the ratemaking authority for all customers in the city. Mr. Moss
further inquired if the customers would have the right of appeal to the Railroad
Commission. Mr. Covington replied that a percentage of customers would be authorized
to appeal to the Railroad Commission.
Mr. Moss inquired if most of the systems in the State were privately owned. Mr.
Moore replied that 80 percent or more of the systems in the State are privately owned.
Mr. McComb asked what the trend is concerning the sale of municipal -owned gas
systems. Mr. Moore replied that, in his past experience, most cities are acquiring systems
rather than selling. Mr. Moore further stated that most sales are due to problems with the
system and there were no significant trends.
Mr. McComb inquired that if a bid were to be received in the $26 million to $32
million range, would the price be acceptable. Mr. Moore stated that a bid of $32 million
would be very good. Mr. McComb further stated that he felt the current estimated value
of the system would result in bids being lower than the original estimate of $40 million. Mr.
Minutes
Regular Council Meeting
October 20, 1992
Page 10
Moore stated that the purpose of the discussion was to present information to the public
and to help facilitate the negotiation process. Mr. Moore further stated that many
companies have been contacted to encourage the bidding price to be higher.
Mayor Rhodes stated that the price offered for the system could be higher because
the issue would go before the voters and the voters would decide if the price is acceptable.
Mr. McComb expressed concerns as to the low dollar figure for marketing expenses
to generate more revenue. He felt that the City currently has a small tax base to generate
the revenues. Mr. Moore stated that an increase in the marketing expense would result in
an increase in revenues. He also explained that there is an opportunity for the City to serve
more customers if the cost of gas decreased, and the decrease would result in a savings of
$4 million to $5 million per year.
Dr. McNichols asked what the reasoning was for the acquisition of gas systems by
municipalities. Mr. Moore replied that the acquisition would result in helping to reduce
City expenses.
Dr. McNichols inquired what would make the City's system be viewed as a money-
maker to potential buyers. Mr. Moore replied that after all expenses were paid, the investor
would receive a rate of return of approximately $2.3 million
A brief question and answer period followed.
Dr. McNichols asked what the City's rate of return would be. Mr. Moore stated that
an exact figure would be difficult to determine because of the shared expenses within the
City. City Manager Garza stated that a study is currently in progress to separate the
expenses and will be brought before Council at a later date.
Mr. McComb asked if the gas system should be operated as an independent
corporation. Mr. Garza stated that the system could be operated as an independent
corporation. Mr. Moore further commented that the debt on the corporation had been paid
and the corporation merged into the city's operations.
Mr. Martin commented on RMI's evaluation. He also inquired if the consultant
would be retained in the assisting of the evaluation process RFPs. Mr. Garza stated that
the issue would be brought back to Council. Mr. Martin stated that RFPs received should
be comparable to the consultant's study. Mr. Moore stated that the proposal evaluation
criteria is detailed, and explained what would need to be included in the RFPs and the
method of evaluation. He also commended staff for their cooperation in the evaluation
process.
Mr. McComb expressed concern with the consultant providing an unbiased evaluation
because they are currently a consultant for a company who will be providing a bid to the
City. Mr. Moore stated that RMI is not proposing to do an evaluation for the prospective
bidder, and he does not foresee any conflicts. Mr. Martin informed the council that the Gas
Committee had addressed the issue of a conflict of interest.
Minutes
Regular Council Meeting
October 20, 1992
Page 11
Mayor Rhodes inquired as to the schedule on the sale of the Gas System. Mr. Garza
stated that RFPs will be released next week; the selection of a buyer would be conducted
in January; the months of February and March would involve Council's action to put the
sale on the election ballot and inform the public; and the election would be held in April
for the sale. Mr. Martin requested that the schedule be made available to the press.
Mr. William Goldston, Goldston Engineering, commended staff for their assistance
in the preparation of the evaluation. He also stated that the gas system has been managed
and maintained very well.
Mayor Rhodes called for the City Manager's report and there was none.
Mayor Rhodes called for Council concerns and reports.
Mr. Martin requested information regarding the construction of Rodd Field Road.
He stated that he had received a letter from a citizen complaining of the traffic congestion.
Mr. Martin asked if a report would be presented to Council regarding the gas
explosion. Mr. Garza stated that some preliminary reports had been submitted, but he is
still waiting for further investigation to be conducted. Mr. Garza stated that response time
was outstanding.
Mr. Martin inquired if the U.S.S. Lexington had been opened to the public. Mr.
Garza replied in the affirmative.
Mrs. Longoria stated that the area of the gas explosion has very Limited lighting. Mr.
Garza stated that he was aware of the problem and has asked staff to check into the
problem.
Mrs. Longoria asked what other means were used to inform people of the gas
explosion in addition to the door-to-door method. Mr. Garza stated that loudspeakers on
police cars were used.
Mrs. Longoria asked if dispatched ambulances responded immediately. Mr. J.J.
Adame, Fire Chief, stated that there were ample ambulances which responded to the
accident. Mr. Garza also stated that the RTA provided buses for the evacuation of people
to the shelters.
Mrs. Longoria inquired if any damage had occurred to the streets in the area of the
explosion. Mr. Garza stated that the damages were currently being assessed.
Mr. Galindo requested an update on the clean-up efforts on North Beach. Mayor
Rhodes stated that she had recently attended a conference on design of cities, and designers
made recommendations on the clean-up issue on North Beach. She stated that the
information will be made available to the Council.
Minutes
Regular Council Meeting
October 20, 1992
Page 12
Mayor Rhodes called for petitions from the audience, of which there were none.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 6:04 p.m. on October 20, 1992.
• Y Y* t Y• Y i Y i Y
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 October 20, 1992, which
were approved by the City Council on October 27, 1992.
WITNESSETH MY HAND AND SEAL, this the 9th day of November, 1992.
A,,9, OA -
Armando Chapa
City Secretary
SEAL