HomeMy WebLinkAboutMinutes City Council - 11/24/1992MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 24, 1992
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Mary Pat Slavik
Council Members:
Cezar Galindo
Edward Martin
Dr. David McNichols
Betty Jean Longoria
Clif Moss
ABSENT
Leo Guerrero
Joe McComb
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 Council Member Galindo, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
McNichols.
City Secretary Chapa called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting
of November 17, 1992, and there being no corrections, she proclaimed them approved as
presented.
x s s s s s s s s t s s a
A presentation by the Landfill Site Advisory Committee followed.
Minutes
Regular Council Meeting
November 24, 1992
Page 2
Mr. Bill Hennings, Director of Public Works/Utilities, introduced Mr. Charlie LeRoy,
Chairman of the Landfill Site Advisory Committee.
Mayor Rhodes thanked the committee members for their time and asked Mr. LeRoy
to introduce the committee members. Mr. LeRoy commended the members for their
participation and also presented an overview on the responsibilities and concerns of the
Landfill Site Advisory Committee.
A slide presentation followed highlighting criterias for the selection of a landfill site.
Council Member Moss inquired if travelling distance to the landfill was a
consideration in the selection of the site, and Mr. LeRoy replied in the affirmative.
Mr. Moss commented that the garbage trucks currently make a number of trips each day
to the landfill and felt that a site farther from the city would seriously impact future
expenses.
Mr. Martin commented on the acquisition of the landfill site. He felt that the City
should purchase a site which meets all the criteria whether or not a request for proposal is
submitted for the site. He further stated that distance to the site would be a major cost
issue.
A discussion followed regarding the procurement of a landfill site.
Mrs. Slavik suggested that the committee take into consideration the use of a railway
to haul refuse. Mr. Cecil Rousseau, Vice -President, stated that the committee would
evaluate the use of a railway if it were available. Mrs. Slavik further stated that additional
methods to acquire property for the landfill should be considered.
Mrs. Slavik expressed concern with the amount of land being acquired to
accommodate waste generated from a natural disaster. Mr. Rousseau replied that landfills
would not accommodate the large amount of waste generated from a natural disaster. Mr.
Bob Bruner, Director of Solid Waste, stated that an alternate plan is in place to dispose of
large amounts of waste in the case of a natural disaster.
Mayor Rhodes stated that the committee should evaluate all suggestions which are
made.
Mr. Rousseau stated that, after proposals have been submitted, the committee will
present their findings to the Council in early spring or summer.
Responding to Council Member Longoria's inquiry, Mr. Rousseau stated that the four
proposed land sites which meet the federal exclusionary criteria would be included in the
Request for Proposals. He further stated that the selection process would require
approximately three months. Responding further, City Attorney Bray stated that in the
event condemnation proceedings were required, the land could be acquired fairly quickly.
Minutes
Regular Council Meeting
November 24, 1992
Page 3
Council Member McNichols expressed concern regarding the land site located east
of Kingsville. He stated that even though the land would be less expensive, the distance and
the soil retention factors would cause this site to be undesirable. Mr. Rousseau agreed, and
discussed other undesirable factors of the site.
Council Member McNichols moved to affirm the Landfill Advisory Committee's
recommendation to proceed with the advertising and landfill selections process, seconded
by Council Member Galindo, and passed unanimously by those present and voting. (M92-
312)
A presentation on the Capital Improvement Program followed.
Mr. Carl Crull, Director of Engineering, and Ms. Grace McNett, Capital Budget
Officer, gave an in-depth update on the City's Capital Projects.
Ms. McNett discussed the 1986 and 1987 bond programs currently in progress. She
discussed improvements, design, and construction regarding the Airport, Park & Recreation,
public health & safety, streets, drainage, and wastewater.
Council Member Longoria inquired about the progress of the Nueces River Park
Development Restroom facility, and Mr. Crull answered that the project was approximately
forty percent complete.
Council Member Martin commented on the natatorium and Recreation Center
project, and City Manager Garza stated that he would provide the Council with more
information.
Council Member Galindo inquired as to how to raise the priority status of City parks
in the North Beach area, and Ms. McNett explained the yearly review process determining
the order of the projects.
Council Member McNichols referred to the proposed Engineering Services Facility
and inquired if an existing facility could be utilized. Mr. Crull discussed the past and
current housing needs relative to related departments. Further, Council Member Slavik
inquired whether a facility at the City's Service Center would be available, and City
Manager Garza stated that a facility at this location was not available. A brief discussion
developed regarding the facility and the available funds of $500,000.
Council Member Galindo inquired about the Horne Road street improvements
between Ayers Street and Kostoryz Road, and Ms. McNett stated that this was a priority
item for a future bond program.
Council Member Moss commented on the small percentage of street improvement
funds currently utilized for traffic signalization in the area.
Minutes
Regular Council Meeting
November 24, 1992
Page 4
Mr. Crull next referred to the upcoming State funding of signalization coordination
projects under the Traffic Safety Improvement Program.
Responding to Council Member Longoria's inquiry, Mr. Crull stated that the
Neighborhood Street Improvements design work was usually performed in-house, and
discussed the design work.
Council Member Martin commented on the City working on the Community
Development Block Grant projects which increased the City's General Fund. He stated that
the Council had been assured that these projects would not delay the City's capital
improvements projects. A broad discussion developed and City Manager Garza stated that
he would investigate the issue and provide the Council with further information.
Ms. McNett next discussed the 1986 bond program projects remaining to be
implemented.
Council Member Galindo commented on the presentation recently made to the
Council by the Airport Advisory Committee concerning the Airport expansion. Mr. Crull
discussed the coordination between the City and the Advisory Committee.
Responding to Council Member McNichols' inquiry, Mr. Crull explained the
agreement between the City and property owners concerning the Knickerbocker project.
Following, Ms. McNett discussed the high priority projects funded through other
sources.
Mr. Crull referred to the tentative grant for the Airport improvements and discussed
the City's endeavors to meet the December 30, 1992 deadline for such grant.
Council Member Martin referred to the Airport land acquisition suggestion by the
Airport Advisory Committee. Ms. McNett discussed the City's funding for this project.
Council Member Moss inquired about the Emergency Power Supply at the Stevens
Plant and Holly Road Pump Station referred to in the distributed material, and Mr. Crull
explained.
Responding to an inquiry from Council Member McNichols, Ms. McNett explained
the funding for the water capital improvements projects. City Manager Garza further
discussed these funds and conunented on reasons for the decreasing funds.
Ms. Susan Cable, Director of Communications and Quality Management, presented
a video on wastewater winter averaging. She stated that this was the first in a series to
educate citizens on current City affairs. She further stated that the series would be aired
prior to the council meetings and on public television.
Minutes
Regular Council Meeting
November 24, 1992
Page 5
i i f i i i i i i Y i t i
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 through 6, and Council Members
requested that Item 1 be withheld for discussion. City Manager Juan Garza requested that
Item 6 be withdrawn from consideration.
City Secretary Chapa polled the Council for their votes and the following were
passed:
2. M92-314
Motion approving a supply agreement for twelve belts used on sludge filter belt
presses in accordance with Bid Invitation No. BI -0030-93 with Textile Engineering
Associates, Humble, Texas, based on low bid of $10,408. The term of the contract
will be for twelve months, with an option to extend for an additional twelve months,
subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted in FY 92-93 by the Wastewater Department.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent.
3. RESOLUTION NO. 021522
Resolution authorizing the City Manager or his designee to execute a contractual
agreement with the Texas Department of Transportation for the installation,
operation and maintenance of traffic signals on State highways within the city limits
of Corpus Christi.
The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent.
4. FIRST READING ORDINANCE
Closing and abandoning a 10 -foot wide by 133.40 -foot long pipeline easement in Lots
18-22 and 43-47, Block 115, Directors Addition No. 1 Subdivision, subject to
replatting the property within 180 days.
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.
5. SECOND READING ORDINANCE
Authorizing execution of a five-year lease to Wayne A. Johnson of submerged land
adjacent to Lot 2, Block G, Brooklyn Addition for restaurant purposes for a rent of
one percent of monthly gross revenues or $200 per month whichever is greater;
Minutes
Regular Council Meeting
November 24, 1992
Page 6
terminating a lease of the same property, authorized by City Council on June 26,
1990 by Ordinance No. 20939, on February 15, 1993.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye'; Guerrero and
McComb absent.
6. WITHDRAWN
billings under winter averaging would be effective and to specify the method for
calculating base revenues.
i i• i i t Y i•• i• i
Relative to Item 1, contract with Resource Management International, Mrs. Slavik
inquired about the alternative option which allowed the companies to perform their own
Environmental Assessment. City Manager Garza stressed the importance of the City
acquiring first hand knowledge of all related matters.
Council Member McNichols inquired about the precise funding for the title search,
and Mr. Garza stated that he would provide this information.
Responding to Council Member Moss' inquiry, Mr. Bill Hennings, Director of Public
Works/Utilities, discussed the former existence of a manufactured gas plant and questions
regarding the extent of asbestos.
Council Member Galindo inquired about the cost recovery through the purchase
price, and a discussion developed regarding such cost recovery.
Further, Council Member Martin inquired whether the Bid document required
reimbursement of the bid and other identified expenses, and Mr. Hennings stated it did not.
Mr. Martin next suggested amending the bid process documents to reflect that the bid and
identified expenses would be reimbursed to the City, and City Manager Garza stated that
he would amend the documents to reflect this change.
Next, Mr. Martin suggested that a title company perform the title search in lieu of
the consultants contracting the work, and Mr. Hennings explained the proposed title work.
Mr. Martin further stated that the Phase I Environmental Site Assessment was inevitable
at some point.
Mayor Rhodes commented that cost reimbursements would be contingent upon the
sale of the Gas Division.
City Secretary Chapa polled the Council for their votes and the following passed:
Minutes
Regular Council Meeting
November 24, 1992
Page 7
1. M92-313
Motion approving amendment No. 3 to the contract with Resource Management
International, Inc., approved by the City Council on June 16, 1992, adding services
necessary to conduct a Phase 1 Environmental Site Assessment, for an additional fee
not to exceed $20,000.
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, Moss, and Slavik voting "Aye"; McNichols voting "No"; Guerrero and
McComb absent.
Mayor Rhodes called for consideration from the Regular Agenda.
Mayor Rhodes opened the discussion on Item 7, motion authorizing the City
Manager to submit recommended changes to the State Coastal Beach Management
Regulations.
City Manager Garza commented briefly on the General Land Office (GLO) public
hearings and the proposed recommendations in the distributed material to the Council.
Mr. Malcolm Matthews, Director of Park and Recreation, briefly discussed the events
which lead to the City's recommendations to the GLO. Next, Mr. Matthews responded to
a series of questions regarding specific language in the Coastal Management Regulations
Recommended Changes.
Council Member Slavik referred to the public comments which objected to a beach
user fee, and Mr. Matthews explained the plan submitted by the Nueces County Beach
Services Division which contained the fee. He stated that the City did not address this issue
since it was under the purview of the county.
Responding to Council Member Galindo, Mr. Matthews stated that the
recommendations clarified State regulations and strengthened the City's position on the
issues. Mr. Matthews next discussed the need for two separate permitting processes for
small and large scaled development in the beach area.
Council Member McNichols inquired whether the comments of Joe C. Moseley had
been addressed, particularly regarding the extra territorial jurisdiction. Mr. Matthews stated
that the City has control over platting in the area, and discussed the next phase of the
project concerning the development of a plan. He stated that the City could consider
strengthening the City's building permit process requirements in this area through this plan.
Next, Dr. McNichols expressed concern about the violation penalties and stated that they
constrained growth and development. Mr. Matthews referred to comments suggesting a
revision to the penalty phase of the regulations. Next, Council Member McNichols stated
his support of vehicular control of the public beaches for environmental concerns as well
as from a safety standpoint.
Minutes
Regular Council Meeting
November 24, 1992
Page 8
Responding to Dr. McNichols' inquiry, Mr. Matthews stressed the importance of the
City continuing discussions with the State. Responding further, Mr. Matthews stated that
he was confident that these recommendations were sufficient at this time.
Mr. Matthews and Mr. Chris Lawrence, Director of Beach Services with Nueces
County, responded to Mayor Rhodes' inquiries regarding "washover channels," and
"encourage joint use of the walkover." Mr. Lawrence further responded that the regulations
strengthened the Dune Protection Act.
Mayor Rhodes called for comments from the audience.
Mr. David Coggins, 13914 Primavera, representative of the Padre Island Area
Council (PIAC) of the Corpus Christi Chamber of Commerce, discussed the PIACs letter
which basically supports the regulations. Mr. Coggins also stated that the PIAC believes the
language could be strengthened to protect the dunes as well as preserve the rights of the
property owners and allow for continuing development of the island.
Responding to Council Member McNichols' inquiry about the PIACs objections, Mr.
Coggins discussed specific problems encountered in the permitting process.
Mr. Matthews next referred to the erosion response structure permitting, and stated
that the City was not exempt from the permitting process. Mr. Matthews further stated that
this issue was addressed by local organizations but not by the City or County, and
recommended a revision of the Language in the recommendations.
Mr. Ronald A. Hudson, 3556 Austin, expressed concern about the short time frame
for submission of the regulations and discussed the beach user fees and signage in the area.
Ms. Jennifer Prouty, Chairperson of the Nueces County Coastal Management
Committee, briefly discussed the Committee's recommendations for the Coastal Beach
Management Rules which generally supported the regulations. Ms. Prouty also agreed with
Mr. Coggins' comments regarding the permitting process. Ms. Prouty additionally expressed
concern about the erosion response structure issue.
Council Member McNichols expressed concern about the prohibition of new erosion
response structures, and moved to amend the City's comments to the GLO to suggest that
the authority to authorize erosion response structures remain within the jurisdiction of the
City and/or County, or both, and to allow a permit, if appropriate, to construct such
structures, seconded by Council Member Galindo. Mayor Rhodes called for a hand vote
on the motion and the motion failed by a vote of four to two.
City Secretary Chapa polled the Council for their votes and the following passed:
7. M92-315
Motion authorizing the City Manager or his designee to submit recommended
changes to the State Coastal Beach Management Regulations.
Minutes
Regular Council Meeting
November 24, 1992
Page 9
The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent.
Mayor Rhodes opened the public hearing to receive comments regarding the City of
Corpus Christi's proposed Comprehensive Housing Affordability Strategy (CHAS) Annual
Plan for FY 93.
Mayor Rhodes called for comments from the audience.
Mr. Foster Edwards, Executive Vice President of the Corpus Christi Board of
Realtors, commented on his support of the Comprehensive Housing Affordability Strategy.
Mr. Edwards further expressed appreciation to the City for its interest in affordable housing
for the area.
Council Member Martin commented that the matched funds for the projects would
be provided from the agencies implementing the various phases and not from the City's
budget. Mr. Kelly Elizondo, Director of Housing and Community Development, affirmed.
Mr. Elizondo stated that once the grant was approved for appropriation, it would be
returned to the Council for approval.
Council Member Martin moved to close the public hearing, seconded by Council
Member Galindo, and passed by those present and voting.
City Secretary Chapa polled the Council for their votes and the following passed:
8.b. RESOLUTION NO. 021523
Resolution adopting the City of Corpus Christi's Comprehensive Housing
Affordability Strategy (CHAS) Annual Plan for FY 93 and authorizing the City
Manager or his designee to submit the CHAS Annual Plan for FY 93.
The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria,
Martin, McNichols, Moss, and Slavik voting "Aye"; Guerrero and McComb absent.
The Council went into closed session pursuant to Article 6252-17, Section 2(e),
V.A.C.S., regarding (1) Abel Alonzo v. City of Corpus Christi et al, and (2) National
Gypsum Company, a/k/a Gold Bond Building Products.
The Council returned from closed session and Mayor Rhodes called for the City
Manager's report. City Manager Garza reviewed the City's garbage pickup for the
Thanksgiving holidays and reviewed closures of other City facilities. Council Member
Martin requested further announcement of these closures.
Minutes
Regular Council Meeting
November 24, 1992
Page 10
Mayor Rhodes suggested that a letter be sent to local industries requesting their
participation in the City's Geographical Information System to allow the City to be apprised
of current and future excavation in the City.
Mayor Rhodes next referred to the election time period deadline for the Department
of Defense (DOD) item, and City Manager Garza stated that the Council would receive the
proposed ballot language shortly. She stated that an item would be on the agenda next
week regarding this matter.
Responding to Council Member Slavik's inquiry, City Attorney Bray stated that the
ordinance language calling the DOD election would be contingent upon whether the City
made the DOD's "short list."
Mayor Rhodes next referred to Council Member McComb's absence and requested
that he be excused. She stated that Mr. McComb was representing the City at a Texas
Department of Transportation meeting. Mayor Rhodes also commented on Mr. McComb's
recently elected presidency to the Texas Association of Private Industry Councils.
Lastly, Mayor Rhodes commented on the public hearing on Thursday, December 3,
1992, at 6:30 at the Council Chambers regarding the City's Crime Prevention Program.
Mayor Rhodes called for Council concerns and reports.
Council Member Longoria referred to the second public hearing on next week's
agenda regarding the Charter Revision and asked Council Members to submit recommended
changes in writing. Next, Mrs. Longoria referred to a meeting on Tuesday, December 1,
1992, at 6:30 at the Our Lady of the Rosary Church, regarding the recent gas explosion in
the northwest area.
Council Member Slavik referred to the recently distributed material regarding traffic
accidents in the City. Mr. Garza discussed the proposed major improvements in the City
which would further reduce the accident rate in the City.
Council Member McNichols referred to a recent newspaper article regarding the
lighting of the area around the U.S.S. Lexington, and expressed that the City should support
this project rather than the lighting of the Courthouse, since the U.S.S. Lexington will bring
money into the City.
Mayor Rhodes called for petitions from the audience.
Mr. Ronald A. Hudson distributed material outlining proposed revisions to the City
Charter and requested these revision be examined at the next Charter Revision public
hearing.
Minutes
Regular Council Meeting
November 24, 1992
Page 11
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 5:48 p.m. on November 24, 1992.
s s e s a s s s s s s s s
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 November 24, 1992, which
were approved by the City Council on December 1, 1992.
WITNESSETH MY HAND AND SEAL, this the 1st day of December, 1992.
Armando Chapa
City Secretary
SEAL