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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