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HomeMy WebLinkAboutMinutes City Council - 02/15/1994I 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 February 15, 1994, which were approved by the City Council on February 22, 1994. WITNESSETH MY HAND AND SEAL, this the 23nd day of February, 1994. 11 0 Armando Chapa City Secretary SEAL MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 15, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Clif Moss David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Edward B. Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 February 8, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes suggested canceling the March 8, 1994 council meeting, since the Primary Election for county, state, and federal offices would occur on this date, instead of the March 1, 1994, meeting as originally planned. She next referred to the meeting tentatively scheduled for February 22, 1994, regarding the local refineries and stated that the meeting would be tentatively scheduled on March 1, 1994 at the Bayfront Convention Center at 6:00 p.m. She additionally stated that a representative from the Office of Minutes Regular Cc :il Meeting February 15, 1994 Page 2 Mr. John Hall, Chairman of the Texas Natural Resource Conservation Committee, would attend the meeting. She inquired whether there were any objections. No one stated opposition. Y Y Y Y Y Y; Y Y Y Y Y Y Mayor Rhodes referred to the Board and Committee appointments on the day's agenda and the following appointments were made: Housing Authority Tina Butler Oil & Gas Advisory Committee Alicia Perez Y Y Y Y Y Y Y Y Y Y Y Y Y Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus Christi Housing Finance Corporation. Mayor Rhodes reconvened the Regular Council Meeting. Y Y■ Y Y Y Y Y Y Y Y Y Y Mayor Rhodes called for consideration of items from the Regular Agenda and announced Item 2a, closed session pursuant to the Texas Government Code, Sections 551.071 and 551.072, regarding the purchase of water rights from Garwood Irrigation Company. The Council went into closed session. The Council returned from closed session. Y Y Y Y Y Y Y Y Y Y Y Y Y Mayor Rhodes announced the discussion on Item 2b regarding the contract with Garwood Irrigation Company. City Manager Garza stressed the importance of obtaining a future water supply for the community. He explained that exercising the option with Garwood Irrigation Company was an initial step toward the purchase of water. He further stated that subsequent steps involved the Texas Natural Resource Conservation Commission's (TNRCC) decision concerning water transfers and the Council's decision on exercising future steps during the next three years. Mr. Garza next referred to concerns about water releases and desalinization. He stated that, even with the cessation of the water releases, a future water Minutes Regular Ci cil Meeting February 15, 1994 Page 3 supply would be necessary. He next discussed the high costs associated with desalinization and stated that Lake Texana and Garwood options were less expensive. Mr. Garza then stressed the importance of educating the public on these matters. Mayor Rhodes called for comments from the audience, and there were none. Council Member Noyola referred to the 20 year contract term and inquired about the application of the Charter provision regarding voter approval for contracts over five years. City Attorney Bray replied that the provision did not apply because it only applies to contracts for gas, oil, electricity, and similar items, not water. Council Member Martin also pointed out that it would be a one time purchase and was not subject to this provision. Mr. Bray agreed with Mr. Martin. City Secretary Chapa polled the Council for their votes as follows: 2b. FIRST READING ORDINANCE Authorizing the City Manager to exercise the City's option to purchase rights to 35,000 acre feet of water pursuant to Section 6 of the City's contract with Garwood Irrigation Company approved by Resolution 21485, which option requires: (1) City will give notice to Garwood to make application to the Texas Natural Resources Conservation Commission to divert 35,000 acre feet annually from the Colorado River to Corpus Christi and to confirm that such water will retain its November 1, 1900 priority date; (2) City will have 10 days after Commission Order to reject the Order - up to that time City has absolute right to terminate the contract; (3) after Commission Order accepted, City is obligated to purchase water unless Order is revised on appeal; (4) Until Commission Order, City continues to pay $10,000 monthly payment; thereafter until purchase price paid, monthly payment is $5,000; (5) City shall pay all Garwood's reasonable expenses in pursuing the application, and shall intervene and support the application; (6) after Order is final and any appeal exhausted, City must pay $400 per acre foot ($14 million) for the water right plus interest on the purchase price after the Commission Order, less monthly payments and Garwood expenses paid by the City. All of the above and related provisions are more specifically set out in the contract with Garwood. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." Council Member Martin suggested providing the public with a cost comparison among the water releases, desalinization, and the Lake Texana and Garwood options. Council Member McNichols stressed the importance of exercising the Lake Texana and Garwood options in association with the water releases. Minutes Regular Cc cil Meeting February 15, 1994 Page 4 Mayor Rhodes announced the discussion on Item 3, concerning the consideration of amendments to Resolution 021828, changing hearing and filing dates in connection with the review of the reasonableness of Central Power & Light Company's rates. City Attorney Bray referred to last week's discussion on the time schedule and the Council direction to further negotiate with the other parties concerning the schedule. He stated that an agreement had not been reached. He also outlined the options concerning Central Power and Light Company's proposal as well as the staff's new proposal. Mr. Mark Held, attorney for CPL, displayed and distributed a chart outlining CPL's proposed time schedule. Council Member McNichols referred to Mr. Held's letter to the City dated February 11, 1994, commenting that information filed by the February 18, 1994, deadline would not contain the full rate package. Dr. McNichols inquired about the disadvantages of not possessing the information. Mr. Held stated that the Council would have inadequate information concerning CPL's justification of rates, if CPL filed by this date. In response to Council Member Martin, City Attorney Bray explained the different dates in both proposals. Council Member Galindo inquired about the validity of the information in the event of an appeal and the likelihood of an appeal. Mr. Held explained that, if the rates were deemed unreasonable, CPL would file and appeal, and, if deemed reasonable, CPL would have no reason to appeal. Further deliberation ensued and Mayor Rhodes called for comments from the audience. Mr. Glynn Pugh, attorney for Raymond Hasker, stated that the staff's newly proposed time schedule would allow his client adequate time. Council Member Noyola made a motion to concur with staff's recommendation, seconded by Council Member Galindo. Mayor Rhodes called for a voice vote on the motion and the motion passed as follows: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin voting "No." City Secretary Chapa polled the Council for their votes on Item 3 as follows: 3. RESOLUTION NO. 021868 Amending Resolution 021828, adopted by the City Council on December 21, 1993, by changing hearing and filing dates in connection with the review of the reasonableness of Central Power and Light Company's rates. Mihutes Regular Cc cil Meeting February 15, 1994 Page 5 The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 4, a motion concerning agreements with artists to provide public art for numerous local public facilities. Mr. Malcolm Matthews, Director of Park and Recreation, showed slides depicting the proposed art and examples of the artists' work. Mr. Matthews also reviewed and expressed appreciation to the members of the ad hoc art selection panels. He further responded to several inquires about the visibility and acquisition of the art. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M94-037 Motion authorizing the City Manager or his designee to enter into agreements with artists to provide public art for the Greenwood, Lindale and Williams Senior Centers, Falcon, Waldron and Prieto Parks, and Parkdale Library. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 5, appointments for permanent public art at the Zavala Senior Center and the Gymnasium/Natatorium projects. Mr. Matthews reviewed the staff's recommendations for appointment. Council Member Galindo referred to recent community meetings and requested that appointments to the Zavala Senior Center be postponed. In response, Mr. Matthews discussed the role of the two community representatives on the committee and stated that staff would work with the community. In response to Council Member McNichols, City Manager Garza explained the reason Item 5 was on the regular agenda. Mayor Rhodes stated that several council members were interested in hands-on art for the natatorium/gymnasium project and requested staff to examine this kind of art for the gymnasium. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Cc ;il Meeting February 15, 1994 Page 6 5. M94-038 Motion authorizing the appointment of two ad hoc panels to select permanent public art for Zavala Senior Center and the Gymnasium/Natatorium projects. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 6, lease agreement with Nueces County Appraisal District for rental space for the administrative functions of the Fire Department. Fire Chief Juan J. Adame explained the current conditions and necessity for the new location. Council Member Martin inquired whether locations outside of the downtown area had been examined. Chief Adame replied that only the downtown area was explored. City Manager Garza stated that originally the offices were to be located on a third floor of the new downtown fire station. He further stated that the third floor did not materialize due to a shortage of funds. Council Member Martin expressed concern about the availability of parking at the proposed location. Chief Adame explained the available parking for employees as well as customers. Mr. Martin referred to the ultimate cost of the lease and inquired whether this amount would sufficiently fund an addition to the downtown fire station for the offices. City Manager Garza replied in the affirmative. Mr. Martin also stressed the importance of fire administrative personnel being located at the fire station. In response to Council Member Galindo, Chief Adame stated that the cost for the rental space was 45 cents per square foot. Mr. Galindo suggested that the item be withdrawn and an inquiry be made into the feasibility of a shorter lease and the feasibility of locating the offices at the downtown fire station as originally planned. Mayor Rhodes inquired whether a shorter term would be possible. City Manager Garza stated that an inquiry would be made. He further pointed out that the Nueces County Appraisal District building was a publicly owned building. Further deliberation ensued about available parking and the cost of the lease. Mayor Rhodes withdrew the item from the day's consideration until further information could be provided. Mayor Rhodes called for comments from the audience, and there were none. 6. WITHDRAWN the administrative functions of the Fire Department. Miniutes Regular Cc 2i1 Meeting February 15, 1994 Page 7 Mayor Rhodes announced the public hearing on the following zoning application: 7. Case No. 194-1. Mary Ellen Ruiz: A change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Dahlia Terrace, Block 6, Lot 3, located on the north side of Dahlia Street, approximately 130 feet west of Winnie Drive. Mayor Rhodes stated that both the Planning Commission and the Staff recommended denial. She further stated that the twenty percent rule was in effect. Mr. Utter commented that the requested zoning change would be considered spot zoning. Mayor Rhodes explained the twenty percent rule to the applicant, Ms. Mary Ellen Ruiz. Ms. Ruiz distributed material to the Council concerning the zoning change. She stated that the property had been purchased with the intention of renting the garage apartments. She next stated that she was contacted by City staff about the violation which resulted in her zoning application. She inquired about appropriate actions to continue the operation of the garage apartments. Council Member Galindo stated that he was familiar with the case and could not support the zoning change. However, he expressed concern about the hardship placed on the applicant and the occupants. Mr. Galindo also stated that approximately eighteen other similar situations existed in the neighborhood. He further stated that these particular units had been in existence for seventeen years and supported Del Mar College. He suggested grandfathering the present use of these apartments into the zoning ordinance. In response to Council Member Longoria, Mr. Utter discussed the development of neighborhood garage apartments in general and stated that violation notifications were performed on a complaint basis. Mr. Brandol Harvey, Director of Planning, stated that the other properties in the area appearing to possess garage apartments were currently under review. A brief discussion ensued about the allowable uses in a one -family dwelling district. Council Member Martin suggested that Ms. Ruiz examine her purchase documents to ascertain the representations made concerning the use of the property. Council Member Noyola expressed concern about the hardships which would be placed on the applicant as well as the occupants and suggested grandfathering the use of apartments. He further expressed concern that this particular property would not be allowed to continue the apartments in lieu of other similar situations in the City. In response, Mr. Utter discussed the City's policy concerning this issue. Minutes Regular Cc ,;i1 Meeting February 15, 1994 Page 8 Mayor Rhodes called for comments from the audience in opposition of the zoning application. Mr. Roy Martinez, 1446 Dahlia, discussed his opposition to a permanent, temporary, or special zoning permit allowing the apartment units. He also pointed out that the public hearing notice he received requested that individuals not contact council members in advance of the public hearing about the zoning change. Ms. Genoveva H. Gonzalez, 1432 Dahlia, expressed opposition to the apartments and discussed problems she encountered regarding parking at the apartments. Ms. Alice H. Galaviz, 2422 Winnie, discussed the unsanitary and noisy conditions at the apartments. Ms. Lloyd Horn, 1525 Clodah, expressed opposition to the requested zoning because of excess vehicles and traffic in the area. She further stated that students from Del Mar College did not occupy the apartments. Ms. Horn also stated opposition for Ms. Rosie Saldivar, 1440 Fern, who had to leave the council meeting before speaking. Ms. Mary Hinojosa, 1435 Eunice, stated opposition to the zoning change because of the problems encountered with drugs and unruliness from the apartment occupants. Ms. Maria Guadalupe Rodriguez, previous tenant, stated that Del Mar College students did not reside at these apartments. She further discussed problems at the apartments. Council Member Galindo made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Council Member Martin made a motion to concur with the Planning Commission and deny the zoning application, seconded by Council Member Longoria. City Secretary Chapa polled the Council for their votes on the motion as follows: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." City Secretary Chapa explained that passage of the motion denied the zoning request, and therefore, he would not poll the Council for their votes on the ordinance. FAILED e . . changing the Zoning Map in reference to Dahlia Tcrracc, Block 6, Lot 3, from "R e e -• . 5 publication: Minutes Regular Cc .i1 Meeting February 15, 1994 Page 9 Council Member Noyola requested that staff examine the other garage apartments in the Dahlia Terrace area. Mayor Rhodes requested that Council Members not discuss zoning cases with citizens prior to the public hearing. Council Member Best requested that pictures of the property for zoning applications be presented to the Council at the time of the hearing in the future. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 15, and Council Members requested that Items 8, 9, and 10 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: lla. M94-042 Motion authorizing the City Manager to execute a contract with the Texas Department of Health (TDH) in the amount of $98,157 for the continuation of immunization services during the period January 1, 1994 to December 31, 1994. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 11b. ORDINANCE NO. 021869 Ordinance appropriating a grant in the amount of $98,157 from the TDH for continuation of immunization services during the period January 1, 1994 to December 31, 1994; and amending Ordinance No. 021707 which adopted the FY 1993-1994 budget by adding $98,157 to the No. 162 federal/state grants fund - Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12. RESOLUTION NO. 021870 Resolution ordering a 90 -day extension as part of cable rate regulation review, and directing the City Manager to seek additional information from TCI Cablevision of Texas, Inc. Minutes Regular Cu cil Meeting February 15, 1994 Page 10 The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss and Noyola voting "Aye? 13. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an Outside City Limits Water Service Contract with the Texas General Land Office (Lessor) and Nueces County (Lessee) for the purpose of providing water to J.P. Luby Park -South Part of Padre Island, State Tracts 1 and 4, in Nueces County. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 14. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 -Traffic, Section 53-252, Schedule III - Parking Prohibited at All Times on Certain Streets, by prohibiting curbside parking at all times along the east side of Everhart Road between Alameda Street and Staples Street. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15. ORDINANCE NO. 021871 Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250, Schedule I - One -Way Street and Alleys, by establishing a one-way, westbound traffic pattern on Mestina Street between Waco Street and Staples Street. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 8, a motion concerning a contract for engineering services with Urban Engineering, Inc. for professional services associated with improvements to the water and wastewater systems serving Texas A&M University - Corpus Christi. In response to Council Members Moss and McNichols, Mr. Carl Crull, Director of Engineering Services, discussed the arrangements between Texas A&M University - Corpus Christi and the City concerning the improvements. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular 0. Si Meeting February 15, 1994 Page 11 8. M94-039 Motion authorizing the City Manager to execute a Contract for Engineering Services with Urban Engineering, Inc., in the amount of $81,370 for professional services associated with improvements to the water and wastewater systems serving Texas A&M University - Corpus Christi. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the discussion on Item 9, a motion authorizing the City Manager to submit an application for $149,000 for the FY 94 Emergency Shelter Grant Program (ESG) and execute all related documents. Council Member Moss inquired whether the program would require matching funds from the City. City Manager Garza replied that it would not. In response to Council Member McNichols, Mr. Utter explained that the increased appropriation was due to the federal government's emphasis on homeless people. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M94-040 Motion authorizing the City Manager or his designee to submit an application for $149,000 for the FY 94 Emergency Shelter Grant Program (ESG) and execute all related documents. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes announced the discussion on Item 10, a motion approving Change Order No. 1, in the amount of $52,500, to the contract with King -Isles, Inc. for repairs to the silt fence and haul road resulting from a temporary suspension of work on the Flour Bluff Well Pad Mitigation Project (Oleander Point Sailboarding Facility). Council Member Martin inquired about the cost of the change order and the source of the funds. Mr. Crull explained the negotiations concerning the cost. City Manager Garza discussed the source. In further response, Mr. Utter discussed the problems and settlement associated with prior contractors. Council Member McNichols expressed concern about the requirements of state and federal environmental agencies in the project. Minutes Regular Cc cil Meeting February 15, 1994 Page 12 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M94-041 Motion approving Change Order No. 1, in the amount of $52,500, to the contract with King -Isles, Inc. for repairs to the silt fence and haul road resulting from a temporary suspension of work on the Flour Bluff Well Pad Mitigation Project (Oleander Point Sailboarding Facility). The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, and Martin voting "Aye"; Galindo, McNichols, Moss, and Noyola voting "No? In response to Council Member Best, City Manager Garza explained the penalties involved if the project was not performed. Mayor Rhodes announced Item 16, the closed session pursuant to Texas Government Code Section 551.071 regarding Water Delivery and Conveyance Contract between Lavaca- Navidad River Authority and City of Corpus Christi, Texas, approved by Resolution No. 021816 on December 14, 1993. The Council went into closed session. The Council returned from closed session. s.• s• s x s s x x s s Mayor Rhodes announced the Presentation on the 1994-1995 Budget scheduled under the City Manager's report. City Manager Garza referred to previous Council direction for no new taxes or fee increases, but maintenance of the same level of City services. He further referred to calls from the Council concerning street maintenance. Next, City Manager Garza stated that Mr. Utter would address the previous Council concern about the powers of the Coastal Coordination Council (CCC) in the Texas Coastal Management Program. Mr. Utter referred to past and future meetings with the General Land Office and the City's Focus Group. He further discussed the dune protection permits and beachfront construction certificates to be issued by the City and reviewed by the CCC. He lastly stated that staff would continue to provide updates to the Council. Mayor Rhodes called for Council concerns and reports. Pursuant to the Texas Coastal Management Program, Council Member Moss requested that the agreement be publicized. Mr. Utter discussed the recent public meetings concerning the issue in which all governmental entities were invited. He also stated that Minutes Regular Cc ;it Meeting February 15, 1994 Page 13 Mr. Norbert Hart, Assistant City Attorney and the local focus group's representative, would assist in drafting the proposal. Council Member Martin suggested that a meeting be held in the City with invitations to all interested parties. Mr. Utter replied that several General Land Office (GLO) individuals were interested in this meeting. Council Member Cooper requested staff to monitor the traffic in conjunction with the construction on Everhart Road and increased traffic regulation enforcement on Staples and Everhart Roads. She further encouraged the neighborhood associations in her district to contact her for a meeting to address their concerns. Council Member Best inquired about the beautification of the entrance to the Corpus Christi International Airport and poor street conditions on Clifford Street. City Manager Garza stated that he would provide updates. Council Member Martin referred to Mr. Utter's recent briefing to the Council concerning the Texas Catastrophe Property Insurance Association (CATPOOL) regulations and inspections and inquired about the application. Mr. Utter explained the difference between the City's recent adoption and the new CATPOOL regulations. Mr. Martin expressed concern that the new regulations would increase the cost of a home. Mr. Utter discussed the upcoming meeting in Rockport concerning the matter. Council Member McNichols inquired about a status report on the traffic diversion measures and traffic counts on Aberdeen Avenue. Dr. McNichols also referred to the letter from Mr. Robert Southard, Padre Isles Property Owners Association, concerning structures housing garbage containers. He requested a response and a copy of the response. Council Member Longoria expressed appreciation to City staff for their assistance and attendance at the recent meeting concerning the McKinzie Road and Mayfield Drive improvements. She also expressed appreciation to Mr. and Mrs. Noble for the use of their home for the meeting. Mrs. Longoria stated that she and Mike Reuwsaat would attend a meeting at the Zavala Senior Citizen Center on March 2, 1994 to address concerns. She requested information before the meeting concerning the improvements. Council Member Noyola requested information about the Juvenile Enforcement Team (JET) program. Mr. Noyola also discussed problems in the City concerning youths at night and suggested an 11:00 curfew. 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 5:15 p.m. on February 15, 1994.