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HomeMy WebLinkAboutMinutes City Council - 08/24/1993I 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 August 24, 1993, which were approved by the City Council on August 31, 1993. WITNESSETH MY HAND AND SEAL, this the September 1, 1993. SEAL Armando Chapa City Secretary 0/, MICROFILMED. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 24, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Cezar Galindo Council Members: Jack Best Melody Cooper Betty Jean Longoria Dr. David McNichols Edward Martin Clif Moss David Noyola * 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 Sansom Williams, Parkway Presbyterian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Best. 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 August 17, 1993. City Secretary Chapa pointed out the correction to the vote on Item 14, ordinance concerning a Use Privilege Agreement with the Law Offices of Allison & Huerta. Mayor Rhodes then proclaimed them approved as amended. * Council Member Noyola arrived at the meeting at 2:05 p.m. * * * * * * * * * * * * * Mayor Rhodes announced the presentation on the Corpus Christi Weed and Seed Program and acknowledged the steering committee members. Further, Mayor Rhodes Minutes Regular Co. it Meeting August 24, 1993 Page 2 requested support from the community for the program and introduced Mr. Mark Down, Assistant United States Attorney, present at the day's meeting. Mr. Dowd discussed the nature, goals, and objectives of the program. Mr. Dowd also expressed appreciation to the steering committee members and City staff for their participation in the program. Lastly, Mr. Dowd responded to several questions from the Council regarding program development and success in other cities. Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council. Park & Recreation Advisory Committee Roberto Rios Augustine Ruiz Cefe Valenzuela Jimmy Rodriguez Jo Anne McNeill Sharon Stewart Wshore Advisory Committee Roy Lee Lehman Mayor Rhodes announced the scheduled workshop on Future Water Supplies. City Manager Garza stressed the importance of a secure water supply for the community and discussed difficulties associated with a limited water supply. Mr. Gary Bushell, President of the Corpus Christi Bay Area Economic Development Corporation (CCED), discussed problems of past droughts in the community and stressed the importance of an adequate water supply for the future of the City of Corpus Christi. Mr. Bushell then referred to the resolution from the CCED supporting the sale of the City of Corpus Christi's gas division and investing those funds in the City's long term water supply and wastewater requirements. Mr. James Dodson, Regional Water Director, discussed the history of water resources in the community. He also briefly reviewed the goals and objectives of Phase I of the Trans -Texas Water Program. Next, he introduced Dr. Herbert Grubb and Mr. Ken Choffel, consultants from HDR Engineering, present at the day's meeting. Minutes Regular Co. it Meeting August 24, 1993 Page 3 First of all, Dr. Grubb gave an update on the results of the Trans -Texas Water Program, Phase I. Through the use of charts, he discussed the total municipal and industrial water demand and supply projections for the Lake Corpus Christi/Choke Canyon System (Corpus Christi System). In response to the Council, Dr. Grubb discussed past and present projections made by the Texas Water Development Board concerning population growth and water needs. Council Member McNichols compared the community's future water supply needs to the current water releases and stated that an additional water supply would be required in any event. Next, Mr. Choffel discussed the Summary of Potential Water Supply Alternatives for the Corpus Christi Services Area. He referred to the costs, environmental issues, and special concerns of each alternative. Upon request of Council Member Martin, Mr. Choffel converted the unit cost of water per acre foot, as indicated on the chart, to the cost of water for 1,000 gallons, as appearing on consumer bills ($50 per acre feet = 15.3 cents per 1000 gallons). Council Member Best requested that the chart reflect these figures. Next, Mr. Choffel discussed the financial assumptions for the proposed capital improvement projects and the presence of chloride concentrations at potential water supply sites. Further, Council Member Martin made several inquiries concerning the City's existing water well leases and the water issue concerning the City of Robstown. City Manager Garza stated that he would provide information on these items to Mr. Martin. Also, Council Member Moss discussed improving water quality through the use of pipelines. He further inquired about the potential exchange of water rights in association with other water sources available. He stated this exchange could reduce the cost of pipelines indirectly. Mr. Choffel discussed the potential sources available for exchange. Mr. Choffel responded to several inquiries from Council Member Best concerning the Corpus Christi System, the reservoir operating policy, and the feasibility of the R&M reservoir. Further, Mr. Dodson discussed the City's present water revenues in association with the cost of the Garwood and Lake Texana options. In response to Council Member Martin, Mr. Choffel discussed the conversion of water from Atascosa River to Choke Canyon. Council Member Martin commented favorably on the acquisition of the Garwood and Texana proposals. Minutes Regular Co. :il Meeting August 24, 1993 Page 4 Council Member McNichols discussed the difficulties facing the City concerning future water issues. He also commented favorably on the Garwood and Texana proposals. Council Member Best referred to the sale of the City's natural gas distribution system and inquired about the other financing alternatives available. City Manager Garza discussed the alternatives: 1/2 cents sale tax, creation of a stormwater utility, utilization of property taxes, and water/wastewater rates. Mr. Garza also referred to the six percent rate cap for utility rates. Council Member Galindo referred to the Regional Transportation Authority's (RTA) sales tax and inquired whether a portion of these funds could be utilized for a future water supply. He also referred to the proposed sale of the City's natural gas distribution system and inquired whether gas consumers would be bearing the cost for a future water supply since Southern Union's rate structure reflected a 33 percent increase the first five years. City Manager Garza replied that, if the system were not sold, another area would be impacted. Council Member Moss pointed out that a 30 percent rate increase structure for the next five years would be implemented by the City if ownership remained with the City. In response to Council Member Cooper, City Manager Garza discussed the establishment of a Stormwater Utility to assist in funding future water and wastewater issues. Returning to Council Member Galindo's inquiry concerning the RTA tax, City Manager Garza stated that he was not knowledgeable of the RTA's financial activities and could not make a determination concerning their funds. Further, Mr. Garza referred to the 1/2 cents sales tax available for possible use for water and wastewater issues. Mayor Rhodes called for a five minutes recess. Mayor Rhodes reconvened the council meeting. Mr. Dodson proceeded to discuss the terms of the Lake Texana option. He outlined the option expiration date, amount of water available, and the contract and purchase terms. Council Member Best inquired about refund provisions in the Lake Texana contract. Mr. Dodson replied that funds paid prior to approval of a permit would not be refundable in the event a permit could not be obtained. In further response, Mr. Dodson stated that the contract did contain water right assignment provisions. In response to Council Member Cooper, Mr. Dodson discussed the difficulties encountered by the City of San Antonio (SA) concerning their water supply and the reasons SA might be interested in the Garwood and Lake Texana options. Council Member Moss also referred to the water right assignment provisions in the contracts, and Mr. Dodson explained the provisions further. Minutes Regular Co. .il Meeting August 24, 1993 Page 5 Council Member Martin expressed concern about the termination provisions in the LNRA Water Supply Contract. City Attorney Bray responded and stated that further examination of the provisions would be performed. Secondly, Mr. Dodson discussed the terms of the Garwood option. He outlined the option expiration date, amount of water available, and the purchase terms. City Manager Garza stated that staff planned to provide the Council with action items concerning the options at the next council meeting. He further suggested identification of funding before approval of the options. Council Member McNichols referred to the water right assignment provisions in the agreement with Garwood Irrigation Company. City Attorney Bray explained the provisions. Next, Mr. Bill Hennings, Group Manager, Public Works/Utilities, discussed and displayed a chart depicting the proposed five year Capital Improvement Project (CIP) needs. He pointed out the recent changes to the list concerning the water and wastewater projects. A brief discussion ensued concerning the recent changes to the CIP list. Mayor Rhodes requested that staff reexamine the CIP needs and return any items which could be postponed to the Council for further discussion. Following, Mr. Hennings stated that new revenue sources would be necessary to finance the needed water and wastewater capital improvements projects and to implement plans to acquire water from Lake Texana and water rights from Garwood Irrigation Company. In association with the new revenue sources, Mr. Hennings referred and discussed the chart displaying the financial assumptions used to project the utility fund balances. Mr. Hennings also referred to the charts displaying the utility fund balance projections for the next six years. In response to Mayor Rhodes, Mr. Hennings replied that the charts assumed the proposed six percent utility rate increases and the sale of revenue bonds. Mayor Rhodes requested that staff provide the Council with new charts reflecting these inclusions. A broad discussion ensued concerning various combinations of the alternative funding options. City Manager Garza stated that staff would provide the Council with new charts on the various alternative combinations. Council Member McNichols suggested that the new water and wastewater improvement issues be examined on an individual basis also. He further referred to the Choke Canyon debt issue which could affect the matter significantly. Further deliberation ensued concerning ballot language for an election to determine the course the City would follow concerning the water and wastewater issues. Minutes Regular Co ;il Meeting August 24, 1993 Page 6 Mayor Rhodes called for consideration of items from the Regular Agenda. Mayor Rhodes opened the discussion on Item 3, Resolution expressing the City's desire to host the 1996 Texas Municipal League Annual Conference and Exhibition and providing resources to host the same. City Manager Garza reviewed the costs and the benefits to the City to host the conference and recommended approval. Council Member McNichols suggested that hotel/motel tax dollars could also assist in financing this conference. City Manager Garza stated that this suggestion could be an alternative. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 021736 Resolution expressing the City's desire to host the 1996 Texas Municipal League Annual Conference and Exhibition and providing resources to host the same. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss and Noyola voting "Aye"; Martin absent. Mayor Rhodes opened the discussion on Item 4, motion to approve the Third Amendment to Agreement between City of Corpus Christi and Convention & Visitors Bureau. Mr. Tom Utter, Group Manager, Development Services, pointed out the changes in the agreement proposed by the Bureau. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M93-245 Motion to approve Third Amendment to Agreement between City of Corpus Christi and Convention & Visitors Bureau. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 5, motion concerning the Lead -Based Hazard Reduction Program Category I grant. Minutes Regular Co. :il Meeting August 24, 1993 Page 7 In response to inquiries from Council Members, Mr. Utter discussed the benefits, matching funds, and rehabilitation list. Council Member McNichols inquired whether utilization of the Corpus Christi Community Improvement Corporation funds in this fashion was a better use than originally intended. Mr. Kelly Elizondo, Director of Community Development, stated that this program would compliment the existing programs. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M93-246 Motion authorizing the City Manager or his designee to apply for a $3,000,000 Lead - Based Hazard Reduction Program Category I grant requiring a 10% matching contribution ($300,000) of cash or in-kind from the CDBG and HOME programs. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 6, motion approving a contract with Laidlaw Environmental Services for a household hazardous waste collection day event. City Manager Garza discussed the proposed waste collection day event and applicable grant funding. Mr. Bob Bruner, Director of Solid Waste Services, discussed approximate sites and dates for the event. Mayor Rhodes suggested adequate publication to allow time for satisfactory preparation. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M93-247 Motion approving a contract with Laidlaw Environmental Services for a household hazardous waste collection day event, including disposal, in the estimated amount of $106,455, in accordance with Request for Proposal No. BI -0263-93. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Co it Meeting August 24, 1993 Page 8 Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 693-4. Cleone Smith Baskin: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on being 2.86 acres out of Lot 10, Bancroft Farm Lots, located on the west side of Villa Drive, approximately 30 feet north of Leopard Street. Mayor Rhodes stated that both the Planning Conunission and staff recommended approval of the application. No one opposed the zoning change. Council Member Best moved to close the public hearing; seconded by Council Member McNichols and passed unanimously by those present and voting. Council Member Galindo referred to the opposition to the B-4 zoning by Mr. Koepke, a local resident, and inquired whether the mini -storage facility would actually be built at the site. Mr. Utter replied that this was the intention, but the proposed B-4 zoning allowed a wide range of uses. Mayor Rhodes inquired whether the Planning Commission had considered a Special Permit in lieu of the B-4 zoning. Mr. Harvey replied in the affirmative and stated that the final recommendation was B-4 zoning. Mr. Brandol Harvey, Director of Planning, reviewed the uses allowed by the B4 zoning including businesses selling alcoholic beverages. He also discussed the proposed site in relationship to the surrounding area. A brief discussion ensued and it was determined that the property was currently for sale. Several Council Members expressed concern that a business selling alcoholic beverages could be constructed at the site with B-4 zoning. Mr. Ralph Cook, Appraiser and Real Estate Services and representative of Cleone Smith Baskin, present owner of the property, stated that the intention was to construct a mini -storage facility on the site. Mr. Horace Green, proposed buyer, stated that he owned other adjoining property which property was presently B-4 and that he would prefer the B-4 zoning for this site as well. He stated that he intended to build the mini -storage facility. Mayor Rhodes stated that the Council was concerned that a bar or tavern could be placed on the site which was located near a residential area. Council Member Martin made a motion to postpone the item for one to two weeks to allow time for consideration of a Special Permit in lieu of the proposed B-4 zoning. The motion was seconded and passed. Minutes Regular Co it Meeting August 24, 1993 Page 9 City Manager Garza stated that the item would be withdrawn from consideration at the day's meeting. 7. WITHDRAWN Bttsiiiess-Distpiet. Mayor Rhodes opened the public bearing on the following zoning case: 8. Case No. 793-1. B. Robert and Erna Mallory: A change of zoning from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District on Lots 18, 19 and 20, Block 1, Mount Vernon Subdivision, located on the east side of Everhart Road, approximately 135 feet north of Mount Vernon Drive. Mayor Rhodes stated that both the Planning Commission and staff recommended approval of the application. No one opposed the zoning change. Council Member Best moved to close the public hearing; seconded by Council Member Noyola and passed unanimously by those present and voting. Council Member Martin inquired about the application of the City's regulations concerning driveways in the City. Mr. Utter explained and stated that staff would review Mr. Martin's concerns and provide further information to the Council. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 021737 Ordinance amending the Zoning Ordinance upon application by B. Robert and Erna Mallory, by changing the Zoning Map in reference to Lots 18, 19 and 20, Block 1, Mount Vernon Subdivision, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 793-2. RMC Business Systems. Inc.: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Alameda Minutes Regular Co Al Meeting August 24, 1993 Page 10 Park, Block 5, Lot 2, located on feet east of Everhart Road. Mayor Rhodes stated that both approval of the application. the south side of Avalon Street, approximately 360 the Planning Commission and staff recommended No one opposed the zoning change. Council Member Best moved to close the public hearing; seconded by Council Member Longoria and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 021738 Ordinance amending the Zoning Ordinance upon application by RMC Business Systems, Inc., by changing the Zoning Map in reference to Alameda Park, Block 5, Lot 2, from "AB" Professional Office District to 'B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 14, and Council Members requested that Item 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M93-248 Motion approving a supply agreement for approximately 4,500 pipe repair clamps, ranging in size from 2" - 30", in accordance with Bid Invitation No. BI -0248-93 with International Supply, Corpus Christi, Texas based on low bid, low bid meeting specifications, and best bid for an estimated annual expenditure of $192,395.15. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 93-94 by the Water, Wastewater and Park and Recreation Departments. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Co, ;il Meeting August 24, 1993 Page 11 11. M93-249 Motion approving the purchase of 531 library video titles from PBS Video, Alexandria, VA, for the amount of $68,403.20, based on sole source. The tapes will be used by the 44 members of the South Texas Library System. Funding is available through a grant from Texas State Library. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 13. M93-244 Motion authorizing the City Manager or his designee to submit an application and to execute all documents necessary to enter into a contract with the Texas Department of Human Services (DHS) for continuation of the Title XX Meals on Wheels program, for the contract period September 1, 1993, to August 31, 1994. The contract budget includes $127,549 in Title XX funds, $22,972 in City cash match, and $20,684 in USDA funds for a contract total of $171,205. The City match, Title XX funds and USDA funds are authorized in the FY 1993-94 budget. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 14. M93-251 Motion authorizing payment in the amount of $185,594.04 to the Texas Department of Transportation as the City's share to replace the expressway illumination system on US 181 between the south end of the Harbor Bridge to the beginning of IH 37. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the discussion on Item 12, motion authorizing execution of an agreement with Gulf Coast Council of La Raza, Inc. to provide $150,000 from the FY93 CDBG Program for improvements to La Raza Building at 2203 Baldwin. Council Member Martin inquired whether the City would perform the engineering services in the contract. Mr. Utter replied that the Gulf Coast Council of La Raza would hire an outside engineering firm. A brief discussion ensued concerning the City's policy on the matter. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Co. 11 Meeting August 24, 1993 Page 12 12. M93-250 Motion authorizing the City Manager, or his designee to execute an agreement with Gulf Coast Council of La Raza, Inc. to provide $150,000 from the FY93 CDBG Program for improvements to La Raza Building at 2203 Baldwin. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. The Council went into closed session, pursuant to Article 6252-17, V.A.C.S., Sec. 2(g), Item 15, to discuss and consider evaluation and appointment of a Municipal Court Judge. The Council returned from closed and Council Member Martin made a motion to appoint Melene Dodson as associate judge of Division B and set her salary at her current level within the range set by the compensation ordinance for judge of Division B. The motion was seconded by Council Member McNichols and passed as follows: City Secretary Chapa polled the Council for their votes as follows: 16. M93-252 Motion to appoint Melene Dodson as associate judge of Division B and set her salary at her current level within the range set by the compensation ordinance for judge of Division B. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes called for the City Manager's report. City Manager Garza referred to the proposals recently received on the sale of the Frost Brothers building. He stated that the proposals were presently under evaluation and a recommendation would be brought to the Council soon. In response to Council Member Moss, Mr. Utter explained the receipt of the proposals and the bidding process. Mayor Rhodes called for Council concerns and reports. Council Member Galindo stated that the local television channels had advised the public to contact Council Members regarding the TCI cablevision issue. City Manager Garza gave a brief update and stated that the issue would be discussed in closed session at the next council meeting. Minutes Regular Co .il Meeting August 24, 1993 Page 13 Council Member Martin referred to the recent hiring of independent counsel to perform the City's delinquent tax collection services and inquired about the procedures. City Manager Garza stated that he would investigate the matter. Council Member Cooper referred to two dangerous intersections in the City and requested an examination. Mayor Rhodes called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 7:00 p.m. on August 24, 1993.