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HomeMy WebLinkAboutMinutes City Council - 08/29/1995I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of August 29, 1995, which were approved by the City Council on September 12, 1995. WITNESSETH MY HAND AND SEAL, this 12th day of September, 1995 SEAL ando Chapa City Secretary PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Black Council Members: Dr. Jack Best Melody Cooper Tony Heldenfels John Longoria Edward Martin Dr. David McNichols ABSENT Betty Jean Longoria MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 29, 1995 2 p.m. City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Best, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John 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 August 22, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 1, a presentation on Bayfest '95 and the Folklife Celebration. Mr. Malcolm Matthews, Director of Park and Recreation, explained that for the last seven years, the city has sponsored the Folklife Celebration at Heritage Park. This year, that event is being combined with Bayfest on September 29 -October 1, 1995. Two Bayfest organizers also invited the Council to a press conference on September 6, 1995 at 11 a.m. Mayor Rhodes then recognized Ms. Jackie Faye Sullivan, an employee with the Police Department for 10 years, upon her retirement from the city. Minutes Regular Council Meeting August 29, 1995 Page 2 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Park and Recreation Advisory Committee Aaron S. Bonds Paul Werner * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, proposed annexation of Phase II of the city's 1995 Annexation Program. Mr. Tom Utter, Group Manager of Development Services, explained that the proposal on the day's agenda was slightly different than the proposal made during the Planning Commission public hearing on July 26, 1995 (another public hearing was held during the August 8, 1995 City Council meeting). He stated that this proposal consists of three alternatives involving Tracts C 1 and C2: staff still recommended annexing all eight of the tracts in Phase II; the Planning Commission recommended that six of the eight tracts be annexed, excluding Tracts Cl and C2; the third option proposed annexing the most developed properties in Tracts Cl and C2, including those with water accounts and those properties close to the most traveled roadways. Mr. Brandol Harvey, Director of Planning and Development, and Mr. Willie Pulido, a City Planner, used slides and maps to illustrate the eight tracts of land being proposed for annexation in Phase II. He described some of the existing land uses in the eight tracts: C1 -Memory Garden Cemetery; C2-Cuddihy Field (owned by Tennessee Pipeline Construction Inc.) and the People's Baptist Church; C3 -industrial use; C4 -agricultural use; C5 -part of the Elliott Landfill; C6-Cabaniss Field; D2 -wetlands adjacent to the Greenfields by the Bay subdivision; and D4 -primarily agricultural, with residential and commercial development. Mr. Harvey also briefly described Option 3 of the proposal, which recommended subdividing Tracts C1 and C2 to exclude much of the undeveloped, agricultural properties in those areas, following much opposition to the proposed annexation by the property owners. Responding to Council Member Best, Mr. Harvey stated that the city's current water contracts stipulate that in exchange for receiving water service from the city, the contract holder agrees not to oppose annexation when it occurs. He pointed out that there are some property owners opposing this annexation proposal whose water contracts have been in effect for several years and do not contain that stipulation. Council Member Martin said the Council should know which property owners have contracts including that stipulation and which do not. In reply to another question from Dr. Best, City Attorney Bray stated that the city does not legally need a property owner's consent to annex. Minutes Regular Council Meeting August 29, 1995 Page 3 Council Member Heldenfels asked Mr. Harvey if a property owner's water rates would decrease if his or her property was annexed, and Mr. Harvey stated that those rates would decrease approximately 50 percent. Mr. Harvey went on to say that the entirety of Tracts C 1 and C2 were included in the annexation proposal to try to incorporate as many water accounts as was feasible. A brief discussion ensued about existing water accounts and water usage outside the city limits. In response to Mr. Martin, Mr. Harvey said when properties are annexed by the city, some of the city services they would receive include fire protection, police protection, and solid waste services and maintenance of public ditches and public roads. He noted that water and wastewater services are a function of platting and development and the requirements are the same, whether someone lives inside or outside the city. Mr. Martin also asked about property taxes that would be paid on annexed agricultural land, and Mr. Utter replied that not all agricultural land is valued at the same amount, and he went on to describe the formula used to estimate property tax revenue for these tracts. A discussion of that issue followed. Mr. Heldenfels commented that it was unfair to not annex properties that are contiguous to the city limits that have water accounts, while annexing other properties that do not have water accounts. Mr. Harvey stated that if the city had an annual annexation program, rather than having large annexation programs approximately every decade, it would be easier and more logical to annex the water accounts that are immediately adjacent year after year. Dr. Best asked about tax rates for church -owned properties, and Mr. Harvey replied that churches are tax-exempt, although many have ancillary activities that generate income to the church that do receive some type of taxation. Council Member McNichols inquired about the city's cost of the annexed areas versus the revenue projection over the next 10 years. In reply, Mr. Harvey referred to a five-year revenue and cost projection, stating that the cost to serve averaged approximately $20,000 per year, and the basic tax revenue averaged approximately $118,000 a year. Following a brief discussion, City Manager Garza stated that in proposing the FY 95-96 city budget, he did not include any demands that the annexation program would place upon the budget; rather, he considered the current personnel needs of the Police Department and staff's assessment was that more police officers were needed and should be added over a period of years. Referring to a previous question from Mr. Martin, Mr. Garza said that once property is annexed by the city (depending on what school district it is located in), the city's portion of the tax rate would be about 22% of the overall tax bill. Council Member John Longoria asked about the cost of city services in the newly annexed areas. Mr. Garza replied that the city's current level of service would be impacted, although some of those costs would be offset by taxes and fees that are collected. Mr. Longoria expressed concern about the financial effect the proposed annexation would have on the city budget, and Mr. Garza noted that the FY 96-97 city budget would actually begin to incorporate the actual costs and revenues. Mr. Longoria also questioned the projected annexation costs over the next five years. Minutes Regular Council Meeting August 29, 1995 Page 4 Responding to comments made by Council Member Black, Mr. Harvey said one of staff's recommendations was to have more frequent, smaller -scale annexations so that the city can grow more evenly. In reply to Mr. Martin, Mr. Harvey said the Department of Defense owns Cabaniss Field, including the private streets located on the field. Mr. Martin pointed out that there are many people who are opposed to this phase of the annexation program, and probably to the other two upcoming annexation phases. He cited many examples of streets that are included in this annexation proposal which need many improvements and which would increase the city's costs. Mr. Martin suggested that this proposal may be too aggressive in its scope and is not practical as it stands. Mr. Garza said his view of annexation is probably too restrictive --the areas that ought to be annexed are those which bring value to the city and are somehow enjoying city services but are not paying their fair share. At the same time, continued Mr. Garza, there are concerns about ensuring proper development takes place as the city continues to grow. Mr. Utter added that staff had begun investigating water accounts, particularly in Tracts C1 and C2, and one potential concern is the use of water by properties at Cuddihy Field. He went on to describe aspects of the other tracts. Mayor Rhodes reviewed the three options proposed by staff, following which the Council, by a hand vote, indicated its consensus to eliminate Tracts C1 and C2 from the annexation proposal, as the Planning Commission had recommended. Mrs. Black said she favored dropping C 1 and C2 because it is so sparsely populated, adding that she hoped more frequent annexation programs would be recommended. Mr. Martin then made a motion that the Council indicate its consensus to not include Tracts C1 and C2 in the annexation proposal; the motion was seconded by Mr. Heldenfels and it passed unanimously. Mayor Rhodes called for a five-minute recess. The Mayor then resumed discussion on Phase II of the annexation program. Mr. Gary Marrow, 1609 Sandalwood, said he is part-owner of Contractors Glass Products, and he is constructing his business on property located in Tract C6. Mr. Marrow said his business is located south of Oso Creek and is about 6,000 feet from the closest fire hydrant, and fire protection is not a great concern. In addition, he said he enjoys dove hunting on that property and if it were annexed, he would no longer be able to hunt there. Mr. Utter used a map to illustrate the location of Mr. Marrow's property, which he said is now being platted and will not require a water contract. Mr. Utter said staff believes more development will occur in that area (a butane company is located adjacent to Mr. Marrow's property). Minutes Regular Council Meeting August 29, 1995 Page 5 Mr. Martin questioned the staff's proposal for annexing property south of Oso Creek. Mr. Carl Crull, Group Manager for Public Works and Utilities, pointed out that Weber Road is FM Route 43 and the city has a municipal maintenance agreement with the state that automatically expands when it annexes property. The agreement states that if a street has curbs and gutters, the city would maintain everything from the curb and gutter to the right-of-way line (as far as mowing is concerned); if the street does not have curbs and gutters, then the state maintains all of the right-of-way. He added that Yorktown, Airline and Rodd Field are not state-owned in the areas that were annexed, but Old Brownsville Road is a state highway. Mr. Bill Brown, representing related investors who own about 300 acres adjacent to Rodd Field Road, addressed the Council. He said about half a mile east of that property there is a shooting club that the investors felt would create an enormous deterrent to development. Mr. Utter noted that if that area is annexed, the shooting range would be a non -conforming use and would be allowed to continue operating. However, if the property owners of the shooting range wished to expand in the future, they would have to apply for and receive "I-2" zoning, which Mr. Utter said would not be appropriate at this time. Mr. Brown asked about the status of a southside treatment plant. Mr. Martin replied that he is an advocate of that treatment plant, and the city has accomplished the same thing as building a southside treatment plant for a lot less money by utilizing engineering alternatives. He added that if that area continues to develop, a treatment plant there may be necessary in the future. Mr. Martin asked if there were any water and wastewater master plans. Mr. Crull replied that master plans developed in the late 1960s included the area north of Oso Creek and are in place and adopted. Replying to another question from Mr. Martin, Mr. Utter said staff has had many discussions with the Police Department regarding enforcing the prohibition against hunting if the proposed areas are annexed, particularly Tracts D2 and D4, where there have been many complaints. Responding to Dr. McNichols, Mr. Utter said staff recommended that all of Tract C6 be annexed. Mr. Martin said he was opposed to annexing the portion of Tract C6 that is located south of Oso Creek, but he would not vote against the whole annexation proposal for Phase II. Mr. Martin then made a motion to eliminate the portion of Tract C6 south of Oso Creek, seconded by Dr. McNichols. The motion passed by the following vote: Best, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; Rhodes, Black, and J. Longoria voting "No"; B. Longoria absent. Responding to Mr. Martin, City Secretary Chapa stated that if they wished, the Council could make a motion to amend Option 2 of the annexation proposal (which excluded Tracts C 1 and C2) to eliminate the portion of Tract C6 south of Oso Creek. Mr. Martin made that motion, it was seconded by Mr. Heldenfels, and it passed unanimously. Minutes Regular Council Meeting August 29, 1995 Page 6 City Secretary Chapa polled the Council for their votes as follows: FIRST READING ORDINANCE Annexing adjacent and contiguous territory containing six tracts of land to the City of Corpus Christi, Texas; declaring such territory and integral part of the City of Corpus Christi, Texas; fully describing the annexed territory; adopting a service plan for the annexed territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring inhabitants and property owners entitled to all the same rights, privileges and burdens of other citizens of the City; declaring the annexed territory, subject to the City Charter and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi; and providing for severance. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; J. Longoria voting "No"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Southside Retail Area Transportation Study. Group Manager Crull explained that a study of transportation needs along South Padre Island Drive (SPID) from Ayers Street to Airline Road was previously authorized and is being funded through the Metropolitan Planning Organization (MPO). The team of Traffic Engineers Inc., Naismith Engineering and Thomas W. Stewart was hired to implement the study. Mr. Crull introduced Mr. John Hudson of Traffic Engineers Inc., who gave a presentation on the results of the study. Mr. Hudson used slides and maps to illustrate the area that was studied with regard to all elements of transportation: transit, traffic volumes, accidents, developments, driveways, traffic signals and other elements. He pointed out that traffic volume on the portion of SPID included in the study increased from 50,000 vehicles per day to 120,000 vehicles per day, a 140% increase with an average annual growth rate of 7% per year. There are six major arterial streets which cut through this portion of the southside--Ayers, Kostoryz, Weber, Everhart, Staples and Airline --which also carry 120,000 vehicles a day. That volume places most of those streets at Level of Service "F," which signifies that traffic capacity has been reached. Mr. Hudson also reviewed data concerning accident rates, noting that the rates are seven to 10 times higher than the state average for a four -lane roadway. He commented that within the study area, there is 4 million square feet of retail space at Sunrise Mall, Padre Staples Mall and Moore Plaza, which continues to increase. He said the purpose of the study was to make recommendations to bring the roadways back into a level of service that would be acceptable while allowing continued Minutes Regular Council Meeting August 29, 1995 Page 7 growth in the area. Mr. Hudson then described the engineering team's recommendations, including short-range (such as traffic signal systems), mid-range (such as roadway widening), and long-range (reversal of some entrance and exit ramps on SPID). Responding to Council Member Cooper, Mr. Hudson said the recommendation to widen Staples Street would increase its capacity about 30% as well as increase the amount of "green time" at the traffic signal at SPID. He also discussed the purpose of a raised median. Mayor Rhodes questioned what the city would be committing to if it accepted the study being discussed. Mr. Crull replied that the study is viewed as a planning tool and a guideline for the future in terms of funding. He noted that an earlier proposal by the Texas Department of Transportation (TXDOT) to reverse the entrance and exit ramps on the SPID south frontage road between Everhart and South Staples was not supported by the Council, and those state funds were reallocated for other projects. In addition, there are no funds that are currently allocated for the projects recommended in this traffic study. In reply to Council Member Best, Mr. Crull further explained the definition of ramp reversals. Mr. Hudson emphasized that recommendations like these are not impossible to construct; he described other major Texas cities which have undertaken freeway rehabilitation while still accommodating heavy traffic flow. Mr. Crull and Mr. Hudson also briefly discussed the process taken through the Transportation Improvement Program. Council Member Black commented on the high accident rate in the area of the study, and Mr. Hudson addressed the high cost of accidents, noting that these recommendations would not totally eliminate accidents but they would reduce them. Responding to Mrs. Cooper, Mr. Crull said the first step in this plan is to achieve support from the Council and the community, then the city would work through the MPO and TXDOT to obtain to necessary funding. Mr. Crull noted that the costs outlined in the study did not include engineering and right-of-way costs, and Mrs. Cooper said those costs would have to be determined. Mr. Crull added that these recommendations would have to be placed in a priority order with other projects the city has through MPO. Council Member McNichols reiterated that the first priority in terms of roadway construction for this area is the Crosstown Expressway project. Mayor Rhodes called for comments from the audience. Mr. Jim Baxter, Manager of Padre Staples Mall, said that while the plan has some good recommendations, other parts focus on vehicle movement without regard to existing land uses. A particular concern was the proposal to reverse certain entrance and exit ramps, and Mr. Baxter said he and other retailers wanted to have more input into whatever actions are taken in the future. Mayor Minutes Regular Council Meeting August 29, 1995 Page 8 Rhodes restated that the study was merely a planning guide. Mr. Abel Alonzo, 1701 Thames, agreed that this proposal was meant to help guide the Council's actions in the future with regard to roadway improvements on SPID and its arterials. Mr. Brian Giffin, Manager of Sunrise Mall, raised concerns about the possibility of closing ramps on Airline Road, which he stated would have a very detrimental effect on the retailers at that mall. Mr. Giffin agreed with Mr. Baxter that the study did not take into account the impact some of these changes would have on the businesses in the area. Mr. Brian Brown echoed some of Mr. Baxter's and Mr. Giffin's comments concerning possible effects on area retailers. He described in detail different aspects of the proposal as it related to retailers at Gulfway Shopping Center. Mayor Rhodes noted that it was the engineers' responsibility to conduct a study regarding traffic patterns and traffic volumes, and it is the Council's responsibility to consider the larger issues of the impact on the retailers there. Mrs. Cooper asked if future City Councils would view these recommendations as an adopted plan and if they would be bound by them. Mr. Garza said that even with the existence of different plans, that does not take away the Council's right to continue to revise them as needed. Council Member Martin asked if there were still plans to connect Mustang Trail through the expressway, and Mr. Crull said this proposal mentions that such an effort would be almost impossible to accomplish. Mr. Martin also questioned the summary of recommendations, and Mr. Garza said that he is very interested in the short-range (1 to 2 years) recommendation synchronizing SPID frontage road traffic signals into the city's arterial signal systems. City Secretary Chapa polled the Council for their votes as follows: 4.a. M95-245 Motion to accept the results of the Corpus Christi Southside Retail Area Transportation Study as a planning guideline for the City's further assessment of proposed transportation infrastructure improvements in the Street Capital Improvement Program. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper voting "No"; B. Longoria absent. 4.b. M95-246 Motion to direct staff to pursue the implementation of those projects recommended by the Minutes Regular Council Meeting August 29, 1995 Page 9 Corpus Christi Southside Retail Area Transportation Study that can be accomplished at minimal cost, and to initiate discussions with the Texas Department of Transportation, Regional Transportation Authority and affected property owners for planning of high priority projects within the jurisdiction of these entities. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper voting "No"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes deviated from the day's agenda and opened discussion on Item 6, Speed Selective Traffic Enforcement Project. Police Chief Henry Garrett explained that one of the target areas of the grant is South Padre Island Drive from the Crosstown Expressway to Padre Island. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: M95-247 Motion approving the submission of a grant application to the Texas Department of Transportation for funding in the amount of $25,000 for a Speed Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the contract and designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, DWI Selective Traffic Enforcement Project. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: M95-248 Motion approving the submission of a grant application to the Texas Department of Transportation for funding in the amount of $52,566 for a Driving While Intoxicated Minutes Regular Council Meeting August 29, 1995 Page 10 Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the contract and designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, mineral lease bid opening. Mr. James Conn, Petroleum Superintendent, said that one bid had been received from Transquest Inc. from Nations Bank for $397.43, which was the minimum bid. He said staff recommended that the Council approve Item 5b. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an oil and gas lease on two tracts comprising 5.299 acres out of Tracts 2-B, 3-B and 4, M.M. Gabriel Partition of the Guggenheim and Cohn Farm Lots, underlying the Gabriel Terrace drainage ditch located near the intersection of Padre Island Drive and Old Brownsville Road for a minimum bid of $75 per acre, $10 per acre delay rentals 20% royalty with a three year term. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes deviated from the day's agenda and opened the public hearing on the following zoning case: Case No. 795-12, Robert I. Harper: A change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Philips 66 Subdivision, Lot 6, located on the south side of Francis Street approximately 200 feet east of S. Port Avenue. Mayor Rhodes said the Planning Commission and staff recommended denial. Group Manager Utter noted that the 20% rule was in effect on this zoning case. Mr. Harvey showed a video of the subject property, explaining that the applicant was planning Minutes Regular Council Meeting August 29, 1995 Page 11 to develop an auto engine and transmission repair shop, as well as a paint and body shop. He said the property is located about one block from the intersection of Baldwin and South Port on Francis Street. Mr. Harvey added that there was some discussion during the Planning Commission meeting about a special permit for this property, but the Commission members decided to recommend denial. The applicant, Mr. Robert Harper, addressed the Council and passed out photographs of businesses that are located around the subject property. He said that property had been abandoned and in disrepair for many years, and he objected to the recommendation to deny zoning for his proposed business. Ms. Annabelle Perkins spoke in favor of Mr. Harper, saying that he wanted to move his business that is located on 18th Street to the property on Francis Street for security reasons. Mr. Raymond Vargas, 2518 Crews, spoke against the zoning application. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Mayor Rhodes said that one of the zoning maps indicated that Mr. Harper's property is located within an established neighborhood, and she said she understood why the neighbors there would not want an "I-2" use so close to them. Mayor Rhodes made a motion to concur with the Planning Commission's and staff's recommendation to deny the zoning application, seconded by Council Member Best. The motion passed as follows: Rhodes, Best, Black, Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No"; B. Longoria absent. (Since the passage of the motion denied the zoning request, the Council was not polled for their votes on the ordinance.) FAILED TO PASS Iridin@ the Zo,i<ng O,d.nance upon appIsi al�on by x�bctt r. ua.N�� Uy Responding to Council Member John Longoria, Mr. Utter said that during the discussion at the Planning Commission meeting of a possible special permit for Mr. Harper's business, many neighbors raised concern about potential noise that would be generated by the auto repair shop. Mr. Longoria emphasized the importance of the staffworking with citizens who have zoning applications. In reply to Council Member Martin, Mr. Harvey stated that almost all of Mr. Harper's proposed uses for his business required an "I-2" zoning: automobile repair, paint and body shop, and transmission repair. He added that if the business were primarily a car sales lot, then "I-2" would not Minutes Regular Council Meeting August 29, 1995 Page 12 be required for cars being repaired for future sale. Also, service stations that perform transmission repair would require an "I-2" but tune-up work on cars inside service bays is allowed in "B-4" zoning. Mr. Martin pointed out that one of the reasons this zoning case was denied was because the current zoning was "R -1B" and the request was to change it to "I-2," which is a very intensive use. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, a public hearing on an amendment to the platting ordinance. Mr. Utter said staff is recommending three changes to the platting ordinance. The impetus was that the residents of a small subdivision had wanted a private street but they did not want a 24- hour security guard. One of the suggested changes was to remove the mandatory requirement for a 24-hour security guard on a private street; rather, it would be allowed but not mandatory. In addition, another proposed amendment was to clearly state that it was the private property owners' responsibility to maintain the private street, and if the city should ever have to maintain the street, then the city would have a lien on the property. Responding to Council Member McNichols, Mr. Utter said that previously, some very private subdivisions had wanted to have limited access, therefore security guards were required. Council Member Martin questioned the proposed requirement that private streets be maintained by the owners. City Attorney Bray stated that the general concern on a subdivision was that, similar to swimming pools, if there are problems in the future, eventually the city may have to assume the maintenance. Mr. Martin asked if such a requirement could be placed on commercial property as well, and Mr. Bray said it could. Mr. Martin requested more information about this subject. Mr. Martin also expressed concern about the implication in the proposal that the city would assume responsibility for a street if the owners cannot continue to maintain it. Mr. Utter pointed out that the word "first" was omitted in the proposal in section 19.(i) Maintenance. It should read, "...The subdivider must provide the City with a first lien against all the property in the subdivision..." Responding to a question from Mr. Martin, Mr. Utter said such a lien would be the same as a paving lien or a tax lien. A brief discussion ensued. In reply to Council Member John Longoria, Mr. Utter said there are a number of subdivisions that have private streets. He added that it was unclear if the city would be able to get a lien on the property for the maintenance of the streets. Mr. Bray said that issue would need to be researched. Minutes Regular Council Meeting August 29, 1995 Page 13 POSTPONED • .1 1 : . a . d • ' ., . _ . . cta, parag.apt. 19, r.lvatc Juccta, try e1.n nau.tg tl.e rcqu.re.nc..t tur a hour y g..a.d 0. a bclf-a%,tivatvd s,atc al tlic ailiaiiw to tl.c puvaty el.wt altaantFiequiring icn on sul�divisi0.1 pi op�. ty 10 p. uvidc fun at.cct mau.tit,uauh,c by ll.c City if 1cyuu cel; p.Ov.Qu.8 fo. Pcualt.ca, }nuv.d.u6 C . a..L/C al .0 Fu . * * * * * * * * * * * * * Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi Housing Finance Corporation. The Mayor reconvened the regular Council meeting. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 24, and Council Members requested that Items 15, 18, 19, 22, and 23 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 11. ORDINANCE 022335 Prescribing the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for the year 1995 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. The proposed tax rate is $0.612726, which is the same as the tax rate adopted last year. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 12. M95-249 Motion approving the 1995 Tax Levy of $39,611,069 based upon the adopted tax rate of $.612726 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Code. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting August 29, 1995 Page 14 13. M95-250 Motion approving supply agreements for 1,463 mechanical, flanged and swivel fittings; 2,475 retainer glands and 11,810 related accessories in accordance with Bid Invitation No. BI -0210- 95 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $172,958.06. The term of the agreements shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 95-96 by the Water and Wastewater Departments. International Supply Corpus Christi, Texas $98,074.35 Noland Co. Corpus Christi, Texas $74,883.71 GRAND TOTAL - $172,958.06 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 14. M95-251 Motion rejecting bids received in response to Bid Invitation No. BI -0276-95 for cellular telephone service. Specifications will be revised and new bid invitations will be issued. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 16.a. M95-253 Motion authorizing the City Manager or his designee to execute an agreement with Corpus Christi Metro Ministries to provide $100,000 from the FY95 Emergency Shelter Grant program for essential services and homeless prevention, operation and maintenance cost and for minor rehabilitation of the shelter, upon clearance from the U.S. Department of Housing and Urban Development (HUD). The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 16.b. M95-254 Motion authorizing the City Manager or his designee to execute an agreement with Dos Mundos Day Care School to provide $68,300 from the FY95 Emergency Shelter Grant Minutes Regular Council Meeting August 29, 1995 Page 15 program for essential services, operation and maintenance and minor rehabilitation of the facility, upon clearance from the U.S. Department of Housing and Urban Development. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 16.c. M95-255 Motion authorizing the City Manager or his designee to execute an agreement with Women's Shelter of the Corpus Christi Area, Inc. to provide $31,700 from the FY95 Emergency Shelter Grant program for essential services and homeless prevention, and operation and maintenance, upon clearance from the U.S. Department of Housing and Urban Development. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 17. M95-256 Motion authorizing the City Manager or his designee to submit an application and to execute all contract documents with the Texas Department of Human Services (TDHS) for continuation of the Title XX Meals on Wheels program for the contract period of September 1, 1995 to August 31, 1996. The contract contains a budget of $114,794 in Title XX funds, $17,816 in USDA funds and $24,265 in City cash match for a contract total of $156,875. Funds are provided in the FY 95-96 budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 20. M95-259 Motion authorizing the City Manager to execute an annual joint funding agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, for the continuation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS in the amount of $76,070 out of a total project cost of $113,475 during the federal fiscal year October 1, 1995 through September 30, 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting August 29, 1995 Page 16 21. M95-260 Motion approving the application from Bayfest, Inc. to close the following street sections for the Bayfest 195 Festival: a. N. Shoreline Boulevard, west leg, between westbound Interstate 37 and Hughes Street, from Wednesday, September 20 through Wednesday, October 4, 1995. b. N. Shoreline Boulevard, east leg, between westbound Interstate 37 and Hughes Street from Friday, September 29 through Monday, October 2, 1995. c. N. Water Street, between Fitzgerald Street and Hughes Street from Friday, September 29 through Monday, October 2, 1995. d. Belden Street, Power Street, Palo Alto Street, Fitzgerald Street, and Hughes Street, each between Water Street and N. Shoreline Boulevard, from Friday, September 29 through Monday, October 2, 1995. e. Resaca Street between Chaparral Street and Shoreline Boulevard from Friday, September 29 through Monday, October 2, 1995. f N. Chaparral Street between Fitzgerald Street and Hughes Street from Friday, September 29 through Monday, October 2, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 24. FIRST READING ORDINANCE Authorizing the City Manager of his designee to execute a Use Privilege Agreement with Everest Environmental Services Corporation (EESC) to install one monitor well within City right-of-way and one monitor well on City property located near the intersection of Chaparral and Fitzgerald Street. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. ************* Mayor Rhodes opened discussion on Item 15, Wesley Seale Dam rehabilitation project. Responding to Council Member McNichols, City Manager Garza explained that this project is part of the city's Capital Improvement Program, and it is being funded from reserves that were specifically set aside for this purpose. Dr. McNichols pointed out that the city has several large, costly systems that deliver water to the citizens and that continue to need maintenance. Mr. Garza said that the city's capital improvement needs over the next 10 to 15 years could exceed $250 million. Council Member Martin emphasized the importance of placing important projects such as this Minutes Regular Council Meeting August 29, 1995 Page 17 on the regular Council agenda (rather than on the consent agenda) so that the issue can be discussed in more depth. In reply to Council Member Black, Mr. Garza said that even though annual maintenance is conducted on the Wesley Seale Dam, occasionally major maintenance is required, such as with this project. Mr. R.H. Shackelford, Director of Engineering Services, said the only addition is the addition of a generator to provide sufficient power. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M95-252 Motion to award a contract in the amount of $4,443,429.80 to Abhe & Svoboda, Inc. for rehabilitation of spillway crest gates and sluice gates at Wesley Seale Dam. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Mr. Garza noted that he had received the certification from the Nueces County Tax Assessor - Collector regarding the taxes to be levied. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 18, Columbus Fleet Shipyard contract. Council Member McNichols requested a list of the small items of work that needed to be completed on that project. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 18. M95-257 Motion approving Change Order No. 5 to King Isles, Inc./Duncan-Russo, Inc., A Joint Venture in the amount of $48,735 for additional items of work for the Columbus Fleet Shipyard and Seaport Project, Phase II Shipyard Contract No. 2. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting August 29, 1995 Page 18 Mayor Rhodes opened discussion on Item 19, a sediment survey of Lake Corpus Christi. Responding to Council Member Best, Mr. Garza stated that the lake has to be full in order to conduct the sediment survey due to the type of technology that is involved. He said this information ties into the city's efforts to restructure the federal debt owed on the Choke Canyon Reservoir. Mr. James Dodson, Regional Water Director, said a sedimentation survey was conducted on Choke Canyon about two years ago using this new methodology, and it was determined that there was no appreciable sedimentation occurring in Choke Canyon; Lake Corpus Christi, on the other hand, has a much higher sedimentation rate than was originally estimated. He added that the results of a 1987 study are the subject of some debate between the city's engineers and the federal Bureau of Reclamation, and they both agree that another sedimentation study is needed. Council Member McNichols commented that the city of Corpus Christi is sponsoring legislation through the U.S. Congress to join forces with other entities that have a similar problem regarding the renegotiation of debt for major water projects. One of the major points of debate concerns the actual yield of Corpus Christi's system, which consists of both Lake Corpus Christi and Choke Canyon. He also pointed out that it is very difficult to release water from Choke Canyon in order to fill Lake Corpus Christi so that the sedimentation survey can be conducted. Responding to Mr. Martin, Mr. Garza further explained the importance of the lake being full for the study. In reply to Council Member John Longoria, Mr. Garza said that if the federal debt were renegotiated, the city does have a cash level available to pay off the debt, but it is not known what that amount may be. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. M95-258 Motion authorizing the City Manager or his designee to amend the contract between the City of Corpus Christi and the Texas Water Development Board (TWDB) Contract No. 93-483- 063R for a hydrographic survey to determine the sedimentation rate of Lake Corpus Christi, to extend the time of performance until August 31, 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Minutes Regular Council Meeting August 29, 1995 Page 19 Mayor Rhodes opened discussion on Item 22, sale of foreclosed properties. Responding to Council Member Black, Mr. Marvin Leary, of Calame Linebarger Graham & Pena, said the date of sale on the foreclosed properties refers to the date that the property was actually put up for auction on the steps of the Nueces County Courthouse. He said some of the properties had been accumulating for a number of years. He said when a property is put up for sale, the County Sheriff has a minimum acceptable bid that he has to get for it; if no one bids that amount, the property is struck off or deeded off to the taxing entities. If a property lies within a city's jurisdiction, it is usually maintained by that particular city. Mr. Leary went on to say that when a property is originally put up for sale at the courthouse, an advertisement runs in the newspaper for three consecutive Sundays; in addition, there is a mailing list of about 400 to 500 people who have indicated interest in the properties. In reply to Council Member Martin, Mr. Leary said a lot of the tax sale properties are bought by neighbors or people who have property in those areas. He added that the right of redemption period begins on the date that the first deed arising from the Sheriff's tax sale is filed into the purchasers' or the taxing entities' names. The redemption period would run for two years on properties that were struck off prior to January 1, 1994. Mr. Leary further explained the procedure of preparing the deed and the amount of fees. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 022336 a. Lots 4 & 5, Block 14, Central Wharf and Warehouse Company's Subdivision, City of Corpus Christi, Nueces County, Texas (1013 Laredo Street); prospective buyers are Rose Mary and Danyce Knippa; and amount offered is $5,150. b. Lots 1 through 4, Block 19, Central Park Addition, City of Corpus Christi, Nueces County, Texas (3800 Block of Lincoln Street), prospective buyer is Mr. Xavier Perez; and amount offered is $12,000. c. Lot 4, Block 25, Surrey Place #1 - Corpus Christi as recorded at Vol. 48, pg. 138, Map Records of Nueces County, Texas, save and except 24,194 square feet conveyed by deed recorded at Vol. 2015, p. 13, Deed Records, Nueces County, Texas (5346 Kostoryz Road); prospective buyer is Mary Saenz; and amount offered is $10,000. d. Lot 61, Country Club Place Addition, less ROW portion, City of Corpus Christi, Nueces County, Texas (Country Club Place North at IH 37 South); prospective buyer is B.K. George; and amount offered is $875. e. Lot 5, Block 19, Home Place Addition, City of Corpus Christi, Nueces County, Texas (818 16th Street); prospective buyer is Mr. Xavier Gonzalez; and amount offered is $3,500. Minutes Regular Council Meeting August 29, 1995 Page 20 f. Lot 5, Block 21, Meadow Park Addition, City of Corpus Christi, Nueces County, Texas (409 Cheyenne); prospective buyer is Primera Asamblea De Dios Church; and amount offered is $3,500. g. Lot 10, Block 11, Carver Addition No. 2, City of Corpus Christi, Nueces County, Texas (2918 Rogers Street); prospective buyer is the Greater Watkins Temple Church of God in Christ; and amount offered is $1,600. h. Lot 18, Block 3, Crestmont Unit 8, City of Corpus Christi, Nueces County, Texas (2601 Camargo); prospective buyers are Eloy H. Salazar and Ricardo A. Martinez; and amount offered is $2,100. i. Lot 11, Block 4, Crestmont Unit 8, City of Corpus Christi, Nueces County, Texas (2661 Camargo); prospective buyers are Eloy H. Salazar and Ricardo A. Martinez; and amount offered is $2,100. j. Lot 14, Block 5, Crestmont Unit 8, City of Corpus Christi, Nueces County, Texas (2654 Camargo); prospective buyers are Eloy H. Salazar and Ricardo A. Martinez; and amount offered is $2,300. k. Lot 15, Block 5, Crestmont Unit 8, City of Corpus Christi, Nueces County, Texas (2658 Camargo); prospective buyers are Eloy H. Salazar and Ricardo A. Martinez; and amount offered is $2,300. 1. Lot 24, Block 3, Crestmont Unit 8, City of Corpus Christi, Nueces County, Texas (2632 Camargo); prospective buyers are Eloy H. Salazar and Ricardo A. Martinez; and amount offered is $2,100. m. Lot 51, Block 6, Crestmont Unit 8, City of Corpus Christi, Nueces County, Texas (2733 Allencrest Drive); prospective buyers are Eloy H. Salazar and Ricardo A. Martinez; and amount offered is $2,100. n. Lot 32, Block 3, San Juan #2 - Clarkwood, City of Corpus Christi, Nueces County, Texas (FM 2292 at Stock Drive); prospective buyer is Serapio S. Garcia, Jr.; and amount offered is $2,817.49. o. Lots 3, 4, 5 & 6, Block 1, Kingswood Addition, City of Corpus Christi, Nueces County, Texas (300 Block of Easy Street in Flour Bluff); prospective buyer is Mr. Albert Carlson; and amount offered is $6,000. p. Lot 4, Block 15, Calallen Townsite, City of Corpus Christi, Nueces County, Texas (5114 Avenue C); prospective buyer is A.M. Atkinson; and amount offered is $12,528. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 23, enforcement of city subpoenas. Responding to Council Member John Longoria, City Attorney Bray said there have been Minutes Regular Council Meeting August 29, 1995 Page 21 situations where various citizen witnesses have been reluctant to appear in cases involving police disciplinary hearings and subsequent arbitration. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 022334 Ordinance establishing penalties for failure to honor subpoenas issued by City of Corpus Christi agencies or pursuant to City authority; providing for severability; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza stated that staff expects the Ethel Eyerly parking lot to be completed by October 11, 1995. City Attorney Bray said there was a problem getting the contractor to put up the bid bonds, and Mr. Martin replied that his bond should have been forfeited. Mr. Garza said that according to state officials, roadway improvements to State Highway 361 have been made. He said upcoming items include a public hearing on the establishment of the drainage utility and a presentation on the hike and bike trail on September 12, 1995. In her report, Mayor Rhodes encouraged the Council to become members of the Navy League, and announced that the league was having a victory dinner on September 25, 1995. Mayor Rhodes called for Council concerns and reports. Council Member John Longoria commented on a letter from Mr. Michael Goodman, and he asked staff to reply to it. He announced a public hearing on the drainage utility in his district on August 30 at Tom Brown Middle School. Council Member Martin said that the presentations being given by staff on the drainage utility have included discussions about the possible rates charged as well as the need to establish the utility. Mr. Bray said the public hearing on the creation of the utility will be held September 12, 1995, and after the utility is created, the rate hearings will be held. Mr. Martin also requested more information regarding rates charged for the Corpus Christi Museum of Science and History. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 7:00 p.m. on August 29, 1995.