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.
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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.
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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.
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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.