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.