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HomeMy WebLinkAboutMinutes City Council - 11/16/1993I 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 November 16, 1993, which were approved by the City Council on November 23, 1993. SEAL WITNESSETH MY HAND AND SEAL, this 10th day of December, 1993. Armando Chapa, City Secret 490 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 16, 1993 2 p.m. PRESENT Mayor Mary Rhodes Council Members: Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Dr. David McNichols Edward Martin Clif Moss City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa ABSENT Mayor Pro Tem David Noyola Council Member Martin called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Mr. Dennis Jose, Society of Friends (Quakers) following which the Pledge of Allegiance to the Flag of the United States was led by the Paisano Girl Scouts present at the day's meeting. 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. Council Member Martin called for approval of the Minutes of the Regular Council Meeting of October 26, 1993, and there being no corrections, he proclaimed them approved as presented. Minutes Regular Co ;il Meeting November 16, 1993 Page 2 Council Member Martin stated that the Mayor was at the Airport receiving some visitors from Monterrey, Mexico. He stated that since Mayor Pro Tem David Noyola was absent, he had been asked by the Mayor to conduct the meeting. Council Member Martin deviated from the regular agenda and called for discussion of Item 6, authorizing the placement of a temporary traffic barrier on Everhart Road between Junior Terrace and South Alameda Street for a period of one year. Mr. Martin noted that many people were present in the audience to discuss this item. Mr. Carl Crull, Director of Engineering Services, stated that the current traffic volume on Aberdeen Avenue between Center Drive and Santa Fe Street exceeds 3,000 vehicles per day. He discussed the past measures implemented to reduce the speed and traffic volume on the Aberdeen corridor. He also discussed the staff's recommendation for the placement of a traffic barrier for a period of one year. In response to Council Members Moss and Cooper, Mr. Crull stated that a permanent solution could be an extension of Everhart Road behind the properties facing Aberdeen to Santa Fe which would require funding from a future bond program and an election for the use of a portion of Lamar Park. Mr. Crull further responded to questions about drainage, improvements to Robert Drive, and past reviews of the problem. In response to Council Member McNichols, Mr. Crull discussed the most probable alternate traffic routes after implementation of the barrier on Aberdeen. These included Doddridge Road and Robert Drive. Council Member McNichols expressed concern that the traffic on the other residential streets in the area would increase with the placement of the barrier on Aberdeen. In further response, Mr. Crull explained that the barrier would not shorten response time of emergency vehicles. Council Member McNichols requested the City Attorney to address the legalities of the issue. Mr. Bray stated that this matter was a public safety issue involving the control of traffic in which the Council could determine the safest procedure for adoption. Mr. Bray further discussed the extension of Everhart Road utilizing the Lamar Park area. * Mayor Rhodes and Mr. Benjamin Clariond, Mayor of Monterrey, Mexico, arrived at the council meeting at 2:20 p.m. Mr. Clariond introduced the City of Monterrey Council Members present and expressed appreciation to the Mayor and City Council of Corpus Christi. Mr. Clarion also expressed his country's desire to work together with other cities for the betterment of all and commented favorably on the North American Free Trade Agreement (NAFTA). Returning to the regular agenda and in response to Council Member Moss, Mr. Crull discussed the public hearing by the Transportation Advisory Committee reconunending the barrier placement on Aberdeen. Council Member Galindo referred to the agenda material and inquired about whether erecting a barricade was closing a public street. City Attorney Bray responded. Minutes Regular Co it Meeting November 16, 1993 Page 3 Council Member Best commented favorably on extending Everhart Road to Santa Fe as a permanent solution which could be implemented in a relatively short time frame. He stated that, compared to the cost associated with the Oso Parkway Plan to be considered at the day's meeting, the cost for the Everhart Road improvement would be minimal. A discussion ensued concerning this solution. Mayor Rhodes opened the public hearing on Item 6. Mr. Hershel Roberson, 330 Aberdeen, stated support of the placement of the barrier on Everhart Road behind Town & Country Shopping Center for public safety purposes. Mr. Harvey Grossman, 249 Purl, stated opposition to the placement of the barrier because diverted traffic would utilize other residential streets and create traffic hazards on these streets. Mr. Grossman also discussed the disadvantages of additional traffic on Robert Drive. Mr. Barry Pillinger, Chairman of the Transportation Advisory Committee, discussed the committee's recommendation for the barrier and referred to the City's Comprehensive Plan statement supporting street improvements which would mitigate residential traffic problems. In response to Mr. Pillinger's comments about the Corpus Christi Policy Statements, Council Member Galindo stated that the plan did not consider the City's available funding. Mr. Peter Weil, 325 Barracuda, stated opposition to the barricade because traffic would be diverted to Barracuda. He also stated that the Barracuda residents had requested speed bumps, rumble strips, and "local traffic only" signs from the City, but to no avail. Mrs. Ruth Gill, 245 Circle, stated opposition to the placement of the barrier because it would limit access to the neighborhood. She commented favorably on the extension of Everhart Road. Mr. Arnold Gonzales, 110 Ocean View, stated opposition to the barricade because Lamar Park would no longer be safe for children. Mr. Pat Wolter, 417 Coral, stated opposition to the barricade because it would set a precedence for other residents to request the same or similar measures. Mrs. Dorothy Spann, 4350 Ocean Drive, supported the placement of the temporary barrier. Mr. Philip Stevens, 301 Circle, stated support of the temporary barrier and the examination of a permanent solution. Mr. Leon Perez, 904 Buford, stated opposition to the barrier because of additional traffic on other residential streets in the area. Minutes Regular Co it Meeting November 16, 1993 Page 4 Mr. and Mrs. Todd Gates, 321 Circle, requested the Council to approve the temporary barrier and locate a quick permanent solution. Mr. Gates also requested that Mr. David Seiler, City Traffic Engineer, address the diversion of traffic to other residential streets in the area by the placement of the barrier. Mr. Alta Garcia, 306 Aberdeen, supported the placement of the barrier, and presented 40 proxies in favor of the barrier also. Ms. Sandra Lyles, 318 Circle, stated support of the barrier for the safety of the children. Mr. John Garcia, 306 Aberdeen, supported the placement of the barrier. The residents of 330 Circle supported the placement of the barrier for safety purposes. A resident of Peerman opposed the barrier. Ms. Susie Welsh, 439 Peerman, requested examination and implementation of a permanent solution and stated opposition to the temporary barrier. She also presented the Council with a petition against the barrier containing 243 signatures. Ms. Barbara Pittman, 310 Aberdeen, supported the placement of the barrier. Mr. Joseph A. Calvin Jr., 4202 Junior Terrace, requested the placement of a speed bump in lieu of the proposed barricade. Mr. William R. West, 251 Aberdeen, supported the barricade and requested the examination of a permanent solution. Mr. J. C. Dykes, 317 Circle, supported the barrier for the safety of the children. Ms. Vida Roll, 329 Aberdeen, supported the placement of the barrier. Ms. Laura Wendlandt, 350 Peerman, requested the Council to table the issue and determine a permanent solution. She also commented favorably on use of a portion of Lamar Park to widen Everhart Road. Ms. Elizabeth Mantor, 442 Coral, stated opposition to the barricade which would create more traffic on the other residential streets. In response to Mr. Gates' previous inquiry concerning excess traffic through the Lamar Park subdivision streets, Mr. Seiler discussed the findings revealing that there would not be a significant amount of traffic infiltration onto the other residential streets in the area. Minutes Regular Co it Meeting November 16, 1993 Page 5 In response to the concern about City funds expended in the Oso Parkway Plan, City Manager Garza stated that the adoption of the plan would not involve expending funds at this time and any dispersments would be voter approved. Mayor Rhodes also pointed out that the City did not possess funds which could be redirected to the Aberdeen matter. In response to the request for speed bumps or rumble strips on Barracuda, Mr. Seiler stated that these two items were utilized as alert devices and were not effective as traffic diversion tools. He further discussed the liability concerns and effectiveness related to speed humps. Mayor Rhodes next expressed concern about the use of the temporary barricade for the proposed one year if the barricade proved to be ineffective. Mr. Seiler stated that one year would allow time for new traffic patterns to be established. He further stated that six months would be the minimum amount of time for the establishment of traffic patterns. Mayor Rhodes referred to other areas in the City with similar traffic problems and expressed concern that placement of the barricade at Aberdeen could create a precedence. Mr. Seiler stated that placing a traffic barrier on a street required certain criteria to be met establishing the necessity. He further discussed the criteria. In response to Mayor Rhodes, Mr. Seiler described and discussed a partial diverter across one-half of the roadway preventing entry from one direction and allowing exit traffic from the subdivision. Council Member Galindo inquired whether all alternatives had been examined. Mr. Seiler replied in the affirmative. Mr. Seiler also discussed the problems associated with Aberdeen as a one-way street. Mr. Galindo inquired whether a sign preventing left hand turns onto Alameda Street from Aberdeen had been considered. Mr. Seiler stated that he did not feel that this suggestion would reduce the traffic and discussed the current traffic patterns associated with the placement of a "no left hand turn sign." Council Member Martin inquired about the permanent solution and stated that the inquiries at the day's discussion revealed that the matter merited further review. In response, Mr. Seiler stated that the area lacked a collector street causing traffic to filter into the subdivisions. He stated that improving Robert Drive was currently included in the proposed capital improvement program as an unauthorized project. Mr. Seiler further responded to several inquires about improving Robert Drive and an extension to Everhart Road. Council Member McNichols suggested, as an experiment, the placement of signs (local traffic only) with detours redirecting traffic to Doddridge and Robert. He further stated that the new traffic patterns could be examined during the experiment. Further deliberation ensued and Mayor Rhodes made a motion that staff reexamine the issue and return the matter to the Council with temporary and permanent solutions along with the funding options. The motion was seconded by Council Member Cooper. Minutes Regular Co it Meeting November 16, 1993 Page 6 Council Member Longoria referred to the previous requested improvements to Cornett Drive located in front of the Calallen Middle School and stated that Council need not neglect other necessary street improvements. Mayor Rhodes also requested staff include a prioritized list of the streets in the City in need of improvements along with the return of the temporary and permanent solutions for Aberdeen Avenue. Mayor Rhodes called for a voice vote on the motion and the motion passed. Council Member Martin requested that the list of the street projects be included in the Friday packets to the Council. City Secretary Chapa polled the Council for their votes as follows: 6. FAILED The foregoing ordinance failed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "No"; Noyola absent. Mayor Rhodes stated that she would leave the council meeting before its conclusion to attend the reception of the Mayor of Monterrey at 5:30 p.m. She further stated that the Board and Committee appointments and the discussion of the proposed contracts for water from Lake Texana and the Garwood Irrigation Company would be addressed at the conclusion of the meeting and that Council Member Martin would preside as Mayor Pro Tem in her absence since Mayor Pro Tem Noyola was absent. Mayor Rhodes called for consideration of items from the Regular Agenda and opened the discussion on Item 2, ordinance canvassing the results of the Special Election of November 2, 1993, and declaring the results. City Secretary Chapa stated that the Council had been provided with a copy of the ordinance and referred to the attachments which summarized the Special election results and the early voting results on a precinct by precinct basis. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Co, it Meeting November 16, 1993 Page 7 Council Member Martin made a motion to adopt the ordinance, seconded by Council Member Best. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 021790 Ordinance canvassing the results of the Special Election of November 2, 1993 and declaring results. 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 discussion on Item 3, execution of a lease agreement with the National Weather Service. City Manager Garza stressed the importance of the lease agreement and introduced Mr. Joe Arellano, Meteorologist in charge of the weather forecast service at the Corpus Christi International Airport. Mr. Arellano discussed his credentials and the proposed weather forecast information which would be available with the new office. Council Member Martin inquired about the United States of America National Weather Service leasing land versus purchasing land. Mr. George Hext, Director of Aviation, referred to applicable provisions in the grant agreements. Mr. Martin requested a copy of the provisions. Also, City Attorney Bray discussed the lease agreement term. Council Member McNichols commented favorably on the item since the City would have better local weather information. Dr. McNichols also inquired about available information concerning wind shears, and Mr. Arellano replied. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a one-year lease agreement with the option to renew lease annually for up to fifty years upon notice to the City Manager, thirty days prior to expiration, with the United States of America (National Weather Service), for 5.663 acres of land at the Corpus Christi International Airport on which to construct and maintain a National Weather Service Next Generation Minutes Regular Co it Meeting November 16, 1993 Page 8 Radar (NEXRAD) Facility. The City of Corpus Christi will receive a forecast facility that will increase the ability of the National Weather Service to provide timely and critical severe weather reports and services to Airlines and residents of the Coastal Bend. The foregoing ordinance passed on the first reading by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola absent. Mayor Rhodes announced the discussion of Item 4, amending Platting Ordinance No. 4168, as amended, by adopting the proposed subdivision street pavement standards. Mr. Crull stated that staff had worked with the development and construction industries to establish pavement standards acceptable to all parties as directed by the City Council at the June 8, 1993 council meeting. Council Member Moss asked whether the City's current paving specifications were the same for marsh or solid rock land, and Mr. Crull affirmed. Council Member Martin requested staff provide the Council with a list of the additional costs to contractors and developers for these recent changes in the ordinance. In response to Council Member Martin, City Attorney Bray discussed the ordinance's effective date. Council Member Moss requested staff compare the proposed paving costs to paving costs in other Texas cities. Council Member Galindo inquired about the application of the ordinance on a contractor who is developing in separate stages, and Mr. Crull responded. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Amending Platting Ordinance No. 4168, as amended, by adopting the proposed subdivision street pavement standards. The foregoing ordinance passed on the first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the public hearing on Item 5, closure and abandonment of an easterly one-half or east 20 feet of County Road 19 right-of-way from the southerly boundary of Weber's Glen Subdivision southwest to the Schanen Drainage Easement Minutes Regular Ca 1 Meeting November 16, 1993 Page 9 Mr. Crull discussed the necessity for the closure and abandonment. Mayor Rhodes inquired whether anyone was opposed to the closure and abandonment. No one stated opposition to the closure and abandonment. Council Member Martin made a motion 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: 5. ORDINANCE NO. 021791 Plan. Ordinance closing and abandoning of an easterly one-half or east 20 feet of County Road 19 right-of-way from the southerly boundary of Weber's Glen Subdivision southwest to the Schanen Drainage Easement; subject to the compliance with the specified conditions; and the replatting of the property within 180 days. 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 Item 7, adoption of the Oso Parkway City Secretary Chapa announced that Council Member Martin had filed a Disclosure of Interest Affidavit on Item 7 and would not discuss or vote on the item. Mr. Tom Utter, Group Manager, Development Services, expressed appreciation to the individuals involved in the development of the plan and discussed the plan. He further stated that street construction in Oso Parkway area would be the responsibility of individual contractors and developers as development occurred. In response to Council Member Galindo, Mr. Utter stressed the importance of the plan to protect the Oso Parkway environment and the economic advantages to the City. Further, Mr. Utter recognized and expressed appreciation to Ms. Ruth Gill, former City Council Member, present in the audience for her efforts in the development of the plan. In further response to Council Member Galindo, Mr. Utter discussed the bond and grant funds for use in the Oso Parkway area. Council Member McNichols stated support of preserving the environment along the Oso Creek, but expressed concern about expending City funds for such preservation in light of the City's infrastructure needs. He further referred to the presently City owned parkland adjoining Oso Creek and stated that he was not in favor of acquiring more parkland along Minutes Regular Ca i1 Meeting November 16, 1993 Page 10 the Oso Creek. He further stated that he was also not in favor of expending City funds for a scenic roadway in the area and suggested redirecting Oso Parkway funds for use in the water and wastewater needs in the City. A discussion ensued concerning the redirecting of bond funds. Council Member Best stated support of the plan. Mayor Rhodes called for comments from the audience. Ms. Gill, 245 Circle, stressed the importance of the plan to the City and discussed her efforts in the development of the plan. Mr. Dean Flinn, 618 Carmel Parkway, stated support of the plan. He further suggested changes to the plan involving additional roadway connections and creating a boulevard, such as Ocean Drive, along the parkway instead of allowing residential development. He stressed the importance of the area to birdwatchers and suggested easy access to the creek for them. Mr. Flinn stated that it was important to continue Oso Parkway as all along the Oso Creek. The current plan, he stated, provided for Oso Parkway to end at Yorktown. He also note that some residential development was being planned on the creek side which would defer view of the area and use by birdwatchers. Mayor Rhodes requested that staff examine Mr. Flinn's suggestions and concerns and provide the Council with information on the issues before the second reading of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Adopting the Oso Parkway Plan as an element of the City of Corpus Christi Comprehensive Plan; and establishing the City of Corpus Christi's development objectives, policies, and programs for the Oso Parkway area. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Longoria, and Moss voting "Aye"; Galindo and McNichols voting "No"; Martin abstaining; Noyola absent. Mayor Rhodes opened the public hearing on Item 8, resolution adopting and authorizing the submission of the City of Corpus Christi's Comprehensive Housing Affordability Strategy (CHAS) Annual Plan for FY94. Mr. Utter discussed the proposed activities, levels of funding, and the priorities for the Comprehensive Housing Affordability Strategy (CHAS). Minutes Regular Co. ,il Meeting November 16, 1993 Page 11 Council Member Martin suggested that the CHAS plan be submitted as part of the CDBG program which would include a readoption of the CHAS plan. Mr. Utter replied that staff has discussed this suggestion with the Department of Housing and Urban Development. He further discussed staffs proposal for adoption of CHAS which could be updated when adopting the CDBG program if HUD did not change the submission date. Council Member McNichols referred to the previous request regarding CDBG and for a "priority setting" meeting concerning infrastructure needs and agency requests and inquired about the status. Mr. Utter stated that this suggestion would be included in the information presented to the Council in December. Mayor Rhodes stressed the importance of providing a policy statement to the applicants and the Planning Commission, and suggested a workshop on the issue. Mayor Rhodes called for comments from the audience, and there were none. Council Member McNichols made a motion to close the public hearing and the motion was seconded and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 021792 Resolution adopting and authorizing the submission of the City of Corpus Christi's Comprehensive Housing Affordability Strategy (CHAS) Annual Plan for FY94. The foregoing resolution 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 application: 9. Case No. 1093-1. South Texas Lighthouse for the Blind: A change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Hillside Addition, Block 2, Lots 1 through 7, located on the north side of Mestina Street, between Coke Street and Crosstown Expressway. Mayor Rhodes stated that the Planning Commission and Staff recommended denial of the "I-2" District, and in lieu thereof, approval of a "B-5" Primary Business District. Mayor Rhodes inquired whether the applicant was in agreement, and Mr. Utter replied in the affirmative. Mayor Rhodes inquired whether there was any opposition to the B-5 zoning. Minutes Regular Cc, it Meeting November 16, 1993 Page 12 Mr. Luis R. Corona, 2805 David, stated opposition to the zoning change because he felt it would cause more traffic in the area and expressed concern that the property taxes on his property would be increased. Mr. Utter stated that the property taxes on Mr. Corona's would not be increased as a result of the zoning application. Mr. Corona also expressed concern that construction for the parking lot had already commenced. Mr. Brandol Harvey, Director of Planning, showed a video depicting the requested zoning change and the surrounding area. Mr. Tony Sanchez, 1819 Mestina, stated opposition to the zoning application because it would reduce the value of his property. Ms. Barbara Russell, Executive Director, South Texas Lighthouse for the Blind, stated that the Lighthouse was requesting the rezoning for the creation of a parking lot for employees. She further stated that the construction had begun and was unauthorized by the Lighthouse until the change of zoning occurred. In response to Council Member Martin, Mr. Harvey explained that the B-5 zoning would also allow expansion of the Lighthouse's industrial operations in the future. Ms. Russell explained that the proposed parking lot would eliminate parking near the two local residents stating opposition because the entrance to the parking lot would be located further away from their property. A brief discussion ensued and Mayor Rhodes inquired whether the applicant would accept a special permit for a parking lot. Ms. Russell replied in the affirmative. Mr. Sanchez stated that he did not oppose the special permit but requested that provisions be made to allow employee parking only and eliminate the parking of large vehicles. Council Member made a motion to direct staff to prepare an ordinance for A-2 zoning with a special permit for an employee/visitor only parking lot, excluding commercial parking. The motion was seconded by Council Member Galindo. Mayor Rhodes called for a voice vote on the motion and the motion passed. Council Member Galindo made a motion to close the public hearing; seconded by Council Member Longoria; and passed unanimously. A brief discussion ensued and it was decided that Item 9 was withdrawn from the day's agenda and would be returned to the Council as a special permit at the next council meeting. Minutes Regular Co. il Meeting November 16, 1993 Page 13 WITHDRAWN Mayor Rhodes opened the public hearing on the following zoning application: 10. Case No. 1093-2. Whittle & Associates. P.C,: A change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on a 6.02 acre tract of land out of Lots 10 and 11, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located at the terminus of New Bedford Drive, north of Brockhampton Street. Mayor Rhodes stated that both the Planning Commission and Staff recommended approval. Mayor Rhodes inquired whether anyone opposed the zoning change. No one opposed the zoning change. Council Member Galindo made a motion 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: ORDINANCE NO. 021793 Ordinance amending the Zoning Ordinance upon application by Whittle & Associates, P.C. by changing the Zoning Map in reference to a 6.02 acre tract of land out of Lots 10 and 11, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from "A-1" Apartment House District to "R -1B" One -family Dwelling 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 application: 11. Case No. 1093-3. Kathryn Dunn Gieptner: A change of zoning from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District on Mount Vernon Subdivision, Block 1, Lot 21, located on the east side of Everhart Road, approximately 70 feet north of Mount Vernon Drive. Mayor Rhodes stated that both the Planning Commission and Staff recommended approval. Minutes Regular Cc :il Meeting November 16, 1993 Page 14 Mayor Rhodes inquired whether anyone opposed the zoning change. No one opposed the zoning change. Council Member Galindo made a motion 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: ORDINANCE NO. 021794 Ordinance amending the Zoning Ordinance upon application by Kathryn Dunn Gieptner by changing the Zoning Map in reference to Mount Vernon Subdivision, Block 1, Lot 21, 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 application: 12. Case No. 1093-5. Connie Lane: A change of zoning from "AB" Professional Office District with a Special Permit to 'B-1" Neighborhood Business District on Mount Vernon Subdivision, Block 1, Lot 22, located on the northeast corner of Mount Vernon Drive and Everhart Road. Mayor Rhodes stated that both the Planning Commission and Staff recommended approval. Mayor Rhodes inquired whether anyone was opposed to the zoning change. No one opposed the zoning change. Council Member Galindo made a motion to close the public hearing; seconded by Council Member McNichols and passed unanimously by those present and voting. In response to Council Member Galindo, Mr. Harvey explained the proposed zoning. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021795 Ordinance amending the Zoning Ordinance upon application by Connie Lane by changing the Zoning Map in reference to Mount Vernon Subdivision, Block 1, Lot 22, from "AB" Professional Office District with a Special Permit to 'B -P" Neighborhood Business District. Minutes Regular Cc :Al Meeting November 16, 1993 Page 15 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 stated that she was leaving the council meeting to attend a reception for the Mayor of Monterrey. She referred a letter from the Law Offices of Wallace to City Manager Garza, referred to a date change for the Thanksgiving dinner provided by the First Methodist Church, and requested staff to examine the complaints from the Radisson Marina Hotel about noise from the street sweepers at night. Council Member Martin called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 13 through 32, and Council Members requested that Items 13, 15, 17a, 20, 21, 22, 24, 27, and 32 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 14. M93-312 Motion approving a supply agreement for approximately 42 tons of powdered activated carbon in accordance with Bid Invitation No. BI -0297-93 with Van Waters & Rogers, Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $29,778. The terms of the contract shall be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 1993-94 by the Water Department. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 16. M93-314 Motion authorizing the City Manager or his designee to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of an additional School Crossing Guard position during the school year 93/94 and for each subsequent regular school year through May 1999. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. Minutes Regular Cc :ill Meeting November 16, 1993 Page 16 18. ORDINANCE NO. 021797 Ordinance closing and abandoning a 10 -foot wide by 350.45 -foot long (3,504.5 square foot) portion of a utility easement between Lots 3A & 3B, Block 2, Behmann Subdivision; subject to the compliance with the specified conditions; and the owner replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 19. ORDINANCE NO. 021798 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with South Bay Industries, Inc. for the right to install, maintain and construct a private force main within public street right-of-way of North Port Avenue to provide sanitary sewer service to Lot 1, Block 1, Missouri Pacific North Port Avenue Subdivision, and establishing a fee of $202. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 23a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a one-year grazing lease agreement with Mr. Welton Gorbet for a 230 acre tract of land on Lake Corpus Christi, to expire upon the effective date of the long-term lease, for a monthly rental fee of one -twelfth of the annual rental fee of $5,066.90 (or $422.24) for each month this short term lease is in effect. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 23b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year grazing lease agreement with a five year renewal option, with Mr. Welton Gorbet for a 230 acre tract of land on Lake Corpus Christi, for an annual rental fee of $5,066.90. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. Minutes Regular Cc cit Meeting November 16, 1993 Page 17 25. M93-317 Motion approving a supply agreement for backfill sand in accordance with Bid Invitation No. BI -0022-94 with ERI, Inc. based on low bid for an estimated annual expenditure of $61,650. The term of the contract 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. The sand is used by the Utility Departments as a backfill material. Funds have been budgeted by the using departments in FY 93-94. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 26. M93-318 Motion awarding a contract in the amount of $28,996 to Gentry Company to construct sanitary sewer facilities for the new Elliott Landfill office. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 28a. M93-320 Motion approving Change Order No. 2 in the amount of $25,692.31 to the contract with National Guardian Security Services, Inc. for the Security Access Control System and Perimeter Fencing at Corpus Christi International Airport. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 28b. ORDINANCE NO. 021799 Ordinance appropriating $23,123.08 as FAA's estimated participation in the cost of Change Order No. 2 to the Security Access Control System and Perimeter Fencing Project. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 29. ORDINANCE NO, 021800 Ordinance authorizing the City Manager or his designee to grant two easements to the City of Mathis on properties owned by the City of Corpus Christi in the Lake Corpus Christi area for the purpose of installing an additional raw water main. Minutes Regular Cc :il Meeting November 16, 1993 Page 18 An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 30. ORDINANCE NO. 021801 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with Texas A&M University - Corpus Christi for the right to install and maintain one 30 - inch diameter and one 36 -inch diameter storm sewer crossing Ocean Drive and establishing a fee of $10. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 31. ORDINANCE NO. 021802 Amending the Code of Ordinances for prescribing procedural regulations governing review or establishment of rates charged or to be charged by cable operators to cable television subscribers for the basic cable service tier and associated equipment; specifying procedures whereby the views of interested parties may be heard concerning rates charged or to be charged for the basic cable service tier and associated equipment; providing for severability. The foregoing ordinance passed on second reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 32. ORDINANCE NO. 021803 Amending Ordinance 21707 which adopted the 1993-94 budget by deleting the position of one (1) Police Senior Officer; adding the position of one (1) Police Lieutenant. The foregoing ordinance passed on second reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. Council Member Martin opened the discussion on Item 13, a motion approving the purchase of GIS equipment for the Gas Division. Council Member Moss inquired whether the City could market the maps produced by the GIS system to defray the system's expenses. City Manager Garza stated that this suggestion would be examined. Minutes Regular 0 cil Meeting November 16, 1993 Page 19 Council Member Martin called for comments from the audience, and there were none. Council Member Martin opened the discussion on Item 15, a motion approving a supply agreement for lubricating oils, greases, and antifreeze. Council Member Galindo inquired whether the City had examined recycling antifreeze which would save the cost of the disposal as well. Mr. Utter responded. Council Member Martin called for comments from the audience, and there were none. Council Member Martin opened the discussion on Items 17a and 17b, ordinance and motion concerning the City's Senior Companion Program. Council Member Moss inquired about the necessity for the appropriation since a full reimbursement was available. City Manager Garza stated that the City was required to appropriate the money which would provide a record of the transaction. Council Member Martin called for comments from the audience, and there were none. Council Member Martin opened the discussion on Item 20, authorizing the City Manager or his designee to execute a 20 year lease with options to renew for four consecutive 10 year terms with Corpus Christi SMSA Limited Partnership (General Partner, Southwestern Bell Mobile Systems, Inc.) for a 50' x 60' tract at the Whitecap Wastewater Treatment Plant for erection of a cellular telephone antenna and equipment building. Council Member Martin posed questions regarding the property's zoning, antenna height requirement, and the revenue to the City. Mr. Crull responded. Council Member Martin expressed concern that the City allowed these types of antennas for regulated utilities only and that Southwestern Bell Mobile Systems and TCI Cablevision were private facilities. City Manager Garza stated that the item was withdrawn from consideration and would be reexamined by staff. In further response, Mr. Crull discussed the proposed revenue to the City in the agreement. Council Member Martin called for comments from the audience, and there were none. Council Member Martin opened the discussion on Item 21, authorizing the City Manager or his designee to execute an Outside City Limits Water Services Contract with Minutes Regular Cc : it Meeting November 16, 1993 Page 20 Mark P. Bratton, Trustee of Staples -Everhart Land Company, for the purpose of providing water to 8.64 acres of land out of Botanical Gardens Subdivision Unit 1, Lots 12 through 18, Block 1. Council Member Martin inquired about the proximity of the city limits to the property and feasibility of annexation. Mr. Crull explained and discussed the disadvantages of annexation of this area. Council Member Martin called for comments from the audience, and there were none. Council Member Martin opened the discussion on Item 22, authorizing the execution of four separate five-year Farm Leases to Kocurek Farms for utilization of 247.771 acres; Bernsen Brothers Farms for utilization of 446.94 acres; Pat McDonough for utilization of 379.50 acres; and John H. Kelly for utilization of 310.30 acres of land at the Corpus Christi International Airport, with each lessee paying a rental fee of $25 per acre, per year. Council Member Martin inquired about the rental fee of $25 per acre in the leases. City Manager Garza stated that the fees were discounted because the lessee assisted in maintaining the property. Mr. George Hext, Director of Aviation, replied that the local Texas A&M Agricultural agent stated that $20 to $40 was a fair price in view of the crop restrictions, security requirements, and maintenance. Council Member Martin expressed concern that the rental fee was too low and suggested that the contracts be bid. A brief discussion ensued and the item was withdrawn from consideration until further information could be provided to the Council. Council Member Martin called for comments from the audience, and there were none. Council Member Martin opened the discussion on Item 24, a motion approving the purchase of a parcel of land from the Federal Deposit Insurance Corporation. In response to Council Members, Mr. Utter discussed the development of the purchase price of the property and other local property owned by the City. Council Member Martin commented favorably on a future presentation to the Council concerning various city owned properties. none. Further deliberation ensued. Council Member Martin called City Secretary Chapa polled the for comments from the audience, and there were Council for their votes as follows: Minutes Regular Cc :il Meeting November 16, 1993 Page 21 13. M93-311 Motion approving the purchase of GIS equipment in accordance with Bid Invitation No. BI -0038-94 from Genasys II, Fort Collins, Colorado in the amount of $27,047.55, based on low bid, best bid and only bid. The equipment is for the Gas Department and is budgeted in the 1993-94 Capital Outlay. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 15. M93-313 Motion approving a supply agreement for lubricating oils, greases, and antifreeze in accordance with Bid Invitation No. BI -0287-93 with the following companies for the following amounts based on low bid and best bid for an estimated annual expenditure of $83,677.50. The terms of the contracts shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the suppliers and the City Manager or his designee. These items are used by Maintenance Services and the Fire Department on City owned vehicles and equipment. Funds have been budgeted by the using departments in FY 1993-94. Coastal Unilube, Inc. Corpus Christi. TX Groups: 1 - 7 $77,263.50 Grand Total: $83,677.50 Valley Solvents & Chemicals Corpus Christi. TX Group: 8 $6,414.00 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 17a. ORDINANCE NO. 021796 Ordinance appropriating an additional $14,246 for the expansion of the Senior Companion Program in the FY 93-94 budget. This increased funding will be reimbursed entirely by the Area Agency on Aging of the Coastal Bend. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 17b. M93-315 Motion authorizing the City Manager or his designee to execute a contract with the Area Agency on Aging of the Coastal Bend in the amount of $14,246 for expansion of the Senior Companion Program's respite care services. Minutes Regular a cil Meeting November 16, 1993 Page 22 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 20. WITHDRAWN 21. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an Outside City Limits Water Services Contract with Mark P. Bratton, Trustee of Staples -Everhart Land Company, for the purpose of providing water to 8.64 acres of land out of Botanical Gardens Subdivision Unit 1, Lots 12 through 18, Block 1. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 22. WITHDRAWN 24. M93-316 Motion approving the purchase of a parcel of land from the Federal Deposit Insurance Corporation including Lots 1, 2, 3 and portions of Lots 4, 5, and 6, Block 78, Beach Addition, to the City of Corpus Christi also known as 1709-1721 North Mesquite Street for $87,500 and authorizing the City Manager or his designee to execute all documents related to the purchase. The foregoing motion passed by the following vote: Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Rhodes and Noyola absent. Council Member Martin opened the discussion on Item 27, a motion establishing the name of the senior citizens center on Winnebago Street as the Oveal Williams Senior Citizens Center. Minutes Regular Cc cil Meeting November 16, 1993 Page 23 Council Member Longoria recognized Mr. Oveal Williams present at the day's meeting. She also referred to the date and time of the ground breaking ceremony of the facility. Council Member Martin called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 27. M93-319 Motion establishing the name of the senior citizens center on Winnebago Street as the Oveal Williams Senior Citizens Center. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. Council Member Martin announced that the closed session pertaining to Items 33a and 33b, pursuant to the Texas Government Code, Section 551.071, regarding Charles F. Stevens, et al v. City of Corpus Christi, et al, No. 91-6219-C, 94th District Court, Nueces County, Texas, and possible action approving settlement of Charles F. Stevens, et al v. City of Corpus Christi, et al, No. 91-6219-C, 94th District Court, Nueces County, Texas, was canceled. Mr. Martin then made a motion concerning Item 33b as follows: that the City Manager be authorized to execute appropriate documents and take all necessary action to settle for $192,500 all claims in Charles F. Stevens, et al v. City of Corpus Christi, eta al, No. 91-6219-C, 94th District Court, Nueces County, Texas. Council Member McNichols stated that he had filed a Disclosure of Interest Affidavit and would not vote on the item. Council Member Martin inquired whether any Council Members wished to discuss Items 33a or 33b in closed session or had questions concerning the items. Further, Council Member Martin called for comments from the audience, and there were none. The motion was seconded by Council Member Galindo. City Secretary Chapa polled the Council for their votes as follows: 33b. M93-321 Motion authorizing the City Manager be authorized to execute appropriate documents and take all necessary action to settle for $192,500 all claims in Charles Minutes Regular 0 cil Meeting November 16, 1993 Page 24 F. Stevens, et al v. City of Corpus Christi, eta al, No. 91-6219-C, 94th District Court, Nueces County, Texas. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; Rhodes and Noyola absent; McNichols abstaining. Council Member Martin referred to the Board & Committee appointments and the following appointments were made by the Council. Citizens Advisory Health Board Helen Bechtel, reappointed Dr. Robert Frey, reappointed Julia Williams, reappointed Derek Wittliff Landmark Commission Patricia Atkins, reappointed James Catron, reappointed Adam Klager, reappointed Charles Speed, reappointed Carolyn Tinker, reappointed Joe Williams, (advisory) reappointed Library Board Dr. Hildegardo Flores, reappointed Elizabeth Kirkland, reappointed Loretta Shaw, reappointed Daryl Tanner, reappointed Deidre Norton, appointed as a regular member Lilias Hammerick - advisory, reappointed Council Member Martin announced the discussion of Item 1, the Special Policy Item concerning the proposed contracts for water from Lake Texana and the Garwood Irrigation Company. City Manager Garza stressed the importance of exercising the proposed contracts from Lake Texana and the Garwood Irrigation Company. He also recommended approval by the Council of the Lake Texana option on November 30, 1993. He stated that approval Minutes Regular 0 cil Meeting November 16, 1993 Page 25 of the option would allow time to apply for permits and authorization requiring legal and engineering examinations. Further, Mr. Garza stated that historically water rates had been increased to pay for additional water sources, as in Choke Canyon. City Manager Garza suggested a special meeting on November 29, 1993 with the public entities using the City's water supply to brief them on the Lake Texana and Garwood proposals and receive their input. Council Member Martin stressed the importance of identifying funding for exercising the options before the meeting and the Council possessing a consensus concerning each matter. Council Member Galindo discussed the utilization of a portion of the Regional Transportation Authority (RTA) sales tax for the water options and referred to the information provided to the Council by the City Manager on the matter. Council Member Galindo then made a motion to create a committee of citizens or council members to appear before the RTA and discuss the issue. Council Member Best stated that he would second the motion at this time but would rather consider it for one week. Council Member Martin requested the suggestion be discussed at the next meeting along with the other options. The motion failed for the lack of a second. Council Member Best discussed the utilization of an industrial water district. City Manager Garza stated that the suggestion by Dr. Best was similar to the present system and discussed the disadvantages of the industrial district directly purchasing water. Further, Mr. Garza discussed the present industrial district contracts. Council Member Martin requested a legal opinion concerning the ability to exercise the Lake Texana and Garwood Irrigation water options without the ability to appropriate funds. City Manager Garza reviewed the proposed schedule relating to the water contract options. Council Member Martin discussed the separation of the cost of service from the cost of water similar to the separation of the costs of gas. Further deliberation ensued concerning potential utility rate increases in association with the sale of bonds in 1994. Council Member Martin called for the City Manager's report. Mr. Garza stated that he did not have a report. Council Member Martin called for Council concerns and reports. Minutes Regular Ci cil Meeting November 16, 1993 Page 26 Council Member Cooper referred to her visit to Toledo, Spain concerning the Sister City Program and expressed appreciation to Mr. Fernando Iglesias for his assistance with her trip. Council Member Galindo requested staff to examine the present building standards concerning the addition of carports for older residences. Council Member Martin called for petitions from the audience. Mr. Rome Smyth, 3338 Halfpenney, referred to the newly created Tri -Add effort and the recent election concerning the acquisition of water options. He also commented favorable on the utilization of desalinisation for future water. Mr. Raymond Hasker, 1813 Wallace, stated opposition to the water options and increased utility rates. Mr. Scott Corliss, 2922 Debra, supported the utilization of a portion of the RTA tax for the Lake Texana and Garwood Irrigation water options. Mr. Abel Alonzo, 1701 Thames, stressed the importance of the City Council working together. He also requested the Council to examine all alternatives for the Lake Texana and Garwood Irrigation water options and stated opposition to the use of a portion of the RTA tax for the water options. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 7:13 p.m. on November 16, 1993.