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HomeMy WebLinkAboutMinutes City Council - 01/11/1994I 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 January 11, 1994, which were approved by the City Council on January 18, 1994. SEAL WITNESSETH MY HAND AND SEAL, this 20th day of January, 1994. Armando Chapa, City Secretary MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 11, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David Noyola Council Members: Jack Best City Manager Juan Garza Melody Cooper City Attorney James R. Bray, Jr. Cezar Galindo City Secretary Armando Chapa Dr. David McNichols Edward Martin Clif Moss ABSENT Betty Jean Longoria Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Cristos P. Matos, St. Nicholas Greek Orthodox 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 January 4, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes called for consideration of items from the Regular Agenda and opened the discussion on Items la, lb, lc, and ld pertaining to the J. C. Elliott Landfill. Minutes Regular Cou ' Meeting January 11, 1994 Page 3 Mayor Rhodes called for comments from the audience. Mr. Ron Hudson, 3556 Austin, questioned the need to comply with the new landfill liner regulations and suggested that charges for garbage collection be based upon the amount of waste material collected. Mr. Leon Perez, 904 Buford, suggested an alternative way of disposing of waste through incineration. Mr. Craig Smally, 5728 Leopard, past member of the Citizens Advisory Committee on Recycling and Solid Waste Disposal, discussed the need to recycle more materials disposed of at the landfill. City Secretary Chapa polled the Council for their votes as follows: la. ORDINANCE NO. 021846 Ordinance amending the Code of Ordinances, Chapter 21 -- Garbage, Trash and Other Refuse, by adding a new Section 21-20 establishing a surcharge for State/Federal mandated costs. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No"; Longoria absent. lb. ORDINANCE NO. 021847 Ordinance amending Ordinance No. 021707 which adopted the FY 1993-94 budget by amending the general fund budget as follows: (1) increasing solid waste collection and disposal revenues in the amount of $550,000; (2) increasing miscellaneous revenues in the amount of $200,000; (3) appropriating $100,000 from the fund balance reserved for landfill expansion and equipment; (4) increasing the appropriation for expenditures by the Department of Solid Waste Services by the amount of $850,000; and (5) adding a capital outlay project, construction of landfill liner, at an estimated cost of $1,100,000. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No"; Longoria absent. lc. M94-005 Motion awarding a contract in the amount of $784,633.40 to PRI Environmental, Inc. to construct solid waste disposal sites in Sectors 3 and 4 at the J.C. Elliott Landfill. Minutes Regular Cou. : Meeting January 11, 1994 Page 4 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. ld. M94-006 Motion awarding a contract in the amount of $49,390 to Trinity Engineering Testing Corporation to perform the required quality control testing during the construction of the J.C. Elliott Landfill Expansion, Sectors 3 and 4 project. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. Mayor Rhodes opened the discussion on Items 2a and 2b concerning the City's capital improvements program. City Manager Garza reviewed the modifications to the 1993-94 Water Utilities Improvements list suggested by the Council at the previous council meeting. Council Member Moss discussed the previous engineering study approved by the Council regarding alternate power for water pumps and the efforts of the City and Central Power & Light Company (CPL) to avoid high costs for infrequent and short lived power outages. Mr. Moss then made a motion to delete the Alternate Power Supply - Holly Road Reservoir and Stevens Plant project in the amount of $1,800,000 from the 1993-94 Proposed Water Utilities Improvements. He suggested examination of less expensive alternatives. City Manager Garza discussed the reliability of CPL and the infiltration problems associated with a power outage. He continued to support the project. Council Member Martin seconded Mr. Moss' motion and pointed out that the project also included an additional cost of $600,000. Mr. Martin stated that he did not question the need, but was concerned that approval of the project would approve a particular method. Mr. Garza stated that the engineering study was also considering alternatives to gas. Mr. Garza stated that the results and a staff recommendation would be forthcoming. Further deliberation ensued and Mr. Garza explained that the revenue bond funds, if not used in this fashion, could be reassigned. He further stated confidence that the project would be justified and discussed a previous event in which such a system would have proved beneficial during a hurricane. Mayor Rhodes called for a hand vote on Mr. Moss' motion and the motion failed. In response to Council Member McNichols, City Manager Garza explained the proposed fund transfers in association with the proposed revenue bond sale. In further response, Mr. Garza affirmed that the funds allocated for the Wesley Seale Dam Spill Gates Rehabilitation would be used for this purpose and stated that transfers deviating from the current capital improvements project would require Council authorization. Minutes Regular Cou 1 Meeting January 11, 1994 Page 5 Mayor Rhodes opened the discussion on Item 3, a resolution authorizing actions related to the financing of needed water and wastewater capital projects for the City of Corpus Christi. Council Member Martin stated that Council approval consisted of adopting the first year of the proposed capital improvements program and authorizing a bond sale. He further stated that each project would be returned to the Council on an individual basis. Next, Council Member Martin inquired about funding for the Garwood Irrigation water option. City Manager Garza stated that the funds would be derived from the stormwater utility and that a plan would be presented to the Council. Council Member McNichols inquired about the $1.3 million allocated for the Southside Plant project. Mr. Garza stated that the funds were used for more urgent projects and discussed alternatives for the funds. In response to Council Member Moss, City Attorney Bray discussed the cost reimbursement and severability clause in the resolution. Mayor Rhodes called for comments from the audience on Items 2a, 2b, and 3. Mr. J. E. O'Brien, 4130 Pompano, referred to the revenue bonds proposed in Item 3 and the City's existing bonds. He also discussed the staff's prior recommendation to seek voter approval on the sale of future revenue bonds. He next stated that it was his understanding that a contract for purchase binding the City for a period longer than five years required voter approval and a water supply contract required an ordinance without voter approval. In response to Mr. O'Brien's comments, Mr. Garza stated that obtaining voter approval concerning the sale of revenue bonds was an option of the Council. City Secretary Chapa polled the Council for their votes as follows: 2a. ORDINANCE NO. 021848 Ordinance adopting the FY 1994-98 Water Utilities Proposed Capital Improvements Program, and approving the FY 1993-94 Capital Budget in the amount of $28,336,813 to be supported by $19,660,000 from the issuance of revenue bonds, $2,926,813 from construction reserves, and $5,750,000 from the Wesley Seale Dam Maintenance Reserve. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Noyola voting "Aye"; Moss voting "No"; Longoria absent. Minutes Regular Cou Meeting January 11, 1994 Page 6 2b. ORDINANCE NO. 021849 Ordinance appropriating $5,750,000 from the Wesley Seale Dam Maintenance Reserve and authorizing transfer of $1,445,000 into the Storm Sewer Bond Fund to finance FY 1993-94 drainage capital improvements, to be reimbursed within a period not to exceed 10 years from revenues of the Storm Water Utility intended to be created by the City Council, and $4,305,000 into the Water Bond Fund for the Wesley Seale Dam Spillway Gates Rehabilitation. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Martin, and McNichols voting "Aye'; Galindo, Moss, and Noyola voting "No"; Longoria absent. 3. RESOLUTION NO. 021850 Resolution authorizing actions related to the financing of needed water and wastewater capital projects for the City of Corpus Christi including preparation of an official statement for Combined Utility Revenue Bonds of approximately $11,140,000, application to the Texas Water Development Board State Revolving Fund for wastewater projects of approximately $8,520,000, employment of Bond Counsel and Financial Advisors, and reimbursement of costs connected with the sale of Combined Utility Revenue Bonds; and providing for severability. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, and Moss "Aye"; Noyola voting "No"; Longoria absent. Mayor Rhodes opened the public hearing on the street closures in Item 4. She also informed the audience that Item 6, zoning application of Dorothy Wilde, had been withdrawn from consideration at the day's meeting. Mr. Tom Utter, Group Manager, Development Services, displayed a map of the area and reviewed the specific closures and abandonments. He discussed the history and status of the area pertaining to platting, street dedication, taxes, and utility lines. He further pointed out that portions of Lee, Collins, and Campbell Streets would remain public to allow access to the privately owned residences located in the area. He also stated that, if the property owner reconfigured or closed the streets, additional fire hydrants and water and gas easements to the City would be required. City Attorney Bray distributed an amendment to the ordinance in Item 4 for consideration by the Council. Council Member Martin inquired whether access to the privately owned residences in the area would be retained as presented in the amendment. Mr. Utter replied in the affirmative. Minutes Regular Cou. Meeting January 11, 1994 Page 7 In response to Council Member Noyola, Mr. Angel Escobar, Assistant Director of Engineering, discussed the concerns regarding fire and emergency access, sewer, gas, and water lines revealed at the recently held public information meeting. He also referred to the drainage problems of the public sanitary sewer line which would be corrected. Mayor Rhodes called for comments from the audience in opposition. Mr. J. R. Brown, 1002 Campbell, inquired about access, sewer, water and gas lines and stated that the closure and abandonment would create more traffic on Campbell and Collins Streets. Mr. Utter alleviated each concern. Mr. Brown also inquired whether the residents would experience a tax increase and Mr. Utter responded that a tax increase should not be experienced due to the closure and abandonment. Further deliberation ensued and Council Member McNichols made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously, Council Member Martin made a motion to amend the ordinance as presented by City Attorney Bray. The motion was seconded and passed. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 021851 Closing and abandoning Dabney Street from Staples Street to Fort Worth Street, Lee Street from Collins Street to Dabney Street, Collins Street from Lee Street to Fort Worth Street, and Campbell Street from Lee Street to Fort Worth Street; subject to replatting the property within 180 days; subject to compliance with the specified conditions; and providing for severance. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. Mayor Rhodes opened the public hearing on the following zoning case: 5. Case No. 1193-2. Richard Cruz: A change of zoning from 'R -1B" One -family Dwelling District to 'B-1" Neighborhood Business District on Lexington Subdivision, Block 2, Lot 50B, located on the north side of Milo Street, approximately 200 feet east of Ayers Street. Mayor Rhodes stated that the Planning Commission and Staff recommended approval. No one opposed the zoning change. Minutes Regular Cou . Meeting January 11, 1994 Page 8 Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously, Council Member Galindo inquired about Milo Street access. Mr. Richard Cruz, applicant, discussed the limited access and proposed use of the property. Mr. Brandol Harvey, Director of Planning, discussed the special permit suggested by the Planning Commission as compared to the final proposal. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021852 Ordinance amending the Zoning Ordinance upon application by Richard Cruz by changing the Zoning Map in reference to Lexington Subdivision, Block 2, Lot 50B, 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, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. Mayor Rhodes referred to Item 6, zoning application Case No. 1293-2, Dorothy Wilde, and stated that item was withdrawn from consideration at the day's meeting since the applicant requested postponement. 6. WITHDRAWN Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 1293-3. Serena Harrington: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Oceanview Addition, Block VII, east one-third of Lots 1 and 2, located on the southwest corner of Elizabeth and Fifth Streets. Mayor Rhodes stated that the Planning Commission and Staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously, Minutes Regular Cou Meeting January 11, 1994 Page 9 City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021853 Ordinance amending the Zoning Ordinance upon application by Serena Harrington by changing the Zoning Map in reference to Oceanview Addition, Block VII, east one-third of Lots 1 and 2, from "AB" Professional Office District to 'B -P" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. Council Member Martin referred to the postponement of Item 6 and inquired whether withdrawing the item should be performed during a public hearing. City Attorney Bray affirmed. Mayor Rhodes opened the public hearing on Item 6 and made a motion to withdrawn the item from consideration, seconded by Council Member Galindo. The motion passed. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 1293-4. Shell Development Joint Venture: A change of zoning from "B-4" General Business District to "R -1B" One -family Dwelling District on a 25.89 acre tract out of Lots 2 and 3, Section 10 and Lots 30 and 31, Section 11, Flour Bluff, Encinal Farm and Garden Tracts, located approximately 760 feet east of the South Staples Street and Lipes Boulevard intersection. Mayor Rhodes stated that the Planning Commission and Staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously, City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021854 Ordinance amending the Zoning Ordinance upon application by Shell Development Joint Venture by changing the Zoning Map in reference to a 25.89 acre tract out of Lots 2 and 3, Section 10 and Lots 30 and 31, Section 11, Flour Bluff, Encinal Farm Minutes Regular Cou. 1 Meeting January 11, 1994 Page 10 and Garden Tracts, from "B-4" General Business 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, Martin, McNichols, and Moss voting "Aye"; Noyola and Longoria absent. Council Member Martin discussed the large number of properties on the southside which had been downzoned. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 11, and Council Members requested that Items 9 and 10 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: l la. ORDINANCE NO. 021855 Ordinance rescinding Ordinance No. 16119 passed on March 19, 1981 authorizing a Revocable Easement with I. Goltzman & Sons for the installation of a building overhang extending onto the rights-of-way of Chaparral and Starr Streets. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. 11b. ORDINANCE NO. 021856 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with I. Goltzman & Sons for the right to install and maintain the existing building overhang along with two 15 -feet long by 2.5 -feet high commercial signs above the rights-of-way of Chaparral and Starr Streets, and establishing a fee of $100. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. Mayor Rhodes opened the discussion on Item 9, a motion approving the purchase of sedans, pick-ups and vans. In response to Council Member Moss, City Manager Garza stated that the vehicles were replacement units. Minutes Regular Cob 1 Meeting January 11, 1994 Page 11 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M94-007 Motion approving the purchase of sedans, pick-ups and vans in accordance with Bid Invitation No. BI -0058-94 based on low bids. All vehicles are replacement units and are included in the 1993-94 Capital Outlay. Courtesy Ford Corpus Christi 17 Units $209,602.00 Bay Chevrolet corpus Christi 15 Units $202,607.00 Total of Awards: $424,843.00 Crosstown Ford Corpus Christi 1 Unit $12,634.00 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Martin, McNichols, Moss, and Noyola voting "Aye"; Galindo and Longoria absent. Mayor Rhodes opened the discussion on Item 10, a motion approving a supply agreement for the hauling of approximately 936 loads of wastewater sludge. Council Member McNichols inquired about the amount of infiltration and inflow during the rainy season and the term of the agreement. City Manager Garza responded and stated that a filter press would eliminate the need to haul the sludge. Council Member Moss pointed out that city vehicles were used to haul sludge at the Oso Plant and inquired about using city vehicles for this venture as well. City Manager Garza stated that the item was a temporary agreement and the terms were cost effective. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M94-008 Motion approving a supply agreement for the hauling of approximately 936 loads of wastewater sludge in accordance with Bid Invitation No. BI -0050-94 with Allwaste Environmental Services of Texas, Inc., Corpus Christi, TX., based on the low bid of $46,800. The term of the contract will be 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. This service will be used by the Wastewater Department and funds have been budgeted for FY 93-94. Minutes Regular Cou. 1 Meeting January 11, 1994 Page 12 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye'; Longoria absent. Mayor Rhodes announced the closed session concerning the following items: 12. Closed session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. U.S. West Communications Services, Inc., et al, No. 92-4804-E, 148th District Court, Nueces County, Texas; with possible action in open session approving settlement thereof. 13. Closed session pursuant to Texas Government Code Section 551.071 regarding Oveal Williams Senior Citizens Center Project. City Attorney Bray stated that the closed session, Item 12, was withdrawn from consideration. The Council went into closed session regarding Item 13. The Council returned from closed session. Mayor Rhodes called for the City Manager's report. City Manager Garza commended the Council for the approval of the water utilities capital improvements program. Mayor Rhodes discussed a recent meeting she and Police Chief Henry Garrett attended on crime prevention in Austin. She also commended Chief Garrett for his contributions at the meeting and to the City. Next, Mayor Rhodes referred to the documentary entitled, "Challenges and Changes in the Northside" which would be shown at the end of the council meeting. She also referred to an upcoming meeting in Dallas that she would attend next Tuesday and stated that Council Member McNichols would preside over the regular council meeting. Lastly, she referred to the grant application for the Weed & Seed Program and introduced Mr. Mike Reuwsaat, Mr. Roy Gardner, and Mr. George Hodges, members of the committee. Each gentleman briefly discussed the program and expressed appreciation to the Council. Mayor Rhodes called for Council concerns and reports. Council Member Cooper offered her attendance at the neighborhood association meetings in her District and suggestions for improving the traffic light situation on Everhart and Holly Roads during the construction period. Minutes - Regular Cou . Meeting January 11, 1994 Page 13 Council Member Best referred to the improvements to the ramp in the City Hall parking lot and suggested a more durable surface. Mr. Utter explained the warranty and the durability of the surface. Council Member Moss agreed with Dr. Best that a more attractive surface could be provided. Next, Dr. Best inquired about the status of the Industrial District agreements. City Manager Garza stated that a recommendation would be provided to the Council soon. Council Member Galindo referred to the abandoned railroad ties in need of maintenance on Port, Airport, and 19th Street. City Manager Garza stated he would investigate the situation. Council Member Noyola inquired about the status of the Pan American Association proposal regarding the golf course. Mr. Utter responded and discussed the proposed agreement which would be presented to the Council soon. Council Member McNichols referred to high speed traffic on Oleander Avenue 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 4:34 p.m. on January 11, 1994.