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HomeMy WebLinkAboutMinutes City Council - 10/16/1990MINU 1 ES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 16, 1990 2 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Leo Guerrero * Tom Hunt Joe McComb Clif Moss Frank Schwing ABSENT Mary Rhodes City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Cezar Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Joe McComb. City Secretary Armando 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 Turner called for approval of the Minutes of the Regular Council Meeting of October 9, 1990 and there being no corrections or additions, she proclaimed them approved as presented. Mr. O. K. Smith and Mr. Kevin Walker, representatives of the Heart of Corpus Christi, invited the Council to the 2nd Annual Downtown Monster Bash, Halloween Costume Contest and Street Dance to be held on October 27, sponsored by the Volunteer Center. * Council Member Guerrero arrived at 2:05 p.m. MICROFILMED Minutes Regular Council Meeting October 16, 1990 Page 2 Mayor Turner recessed the Regular Council Meeting to convene the JTPA Executive Committee Meeting. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting and called for the presentation on the General Obligation Bond Sale. City Manager Garza provided background information in connection with the sale of $12 million General Improvement Bonds, Series 1990-1 and $3.6 Million Combination Tax and Revenue Certificates of Obligation, Series 1990-A. He identified the projects in the $12 million bond sale and discussed a timetable for the projects. Following a discussion relative to the street projects, Mayor Pro Tem Martin requested a report on the status of the Matlock Street project. Mr. J. E. O'Brien, remarked that in his opinion, the City is abusing the purpose of Certificates of Obligation, noting that they do not require voter approval. Mr. O'Brien read from the City's 1990 official statement of the bond sale and expressed concern that the City is getting further into debt. Mr. O'Brien referred to last week's action taken by the Council when they approved the refunding of bonds and expressed the opinion that that action will put the City $20 to $30 million deeper in debt. Mr. Jesse Hix, 2622 Segrest, commented about funds for parks, and Mayor Turner informed him that the voters have approved the park projects. Relative to a concern expressed by Council Member Hunt about selling wastewater bonds in March and refunding them six months later, Mr. Garza elaborated on the Wastewater Bond Sale and discussed the process for selling bonds. Mayor Pro Tem Martin pointed out that by restructuring the bonds, the City removed about $100 per capita from the tax supported debt and placed it into a revenue bond status. A conversation ensued on the restructuring of the bonds. Mr. Garza reviewed the projects in the $3,600,000 Certificates of Obligation Sale. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M90-267 Minutes Regular Council Meeting October 16, 1990 Page 3 Motion approving the preparation and the use of the Official Statement for the sale of $12 million of General Improvement Bonds, Series 1990-A and $3.6 million of Combination Tax and Revenue Certificates of Obligation, Series 1990-A. Bids will be received until 11:30 a.m., Tuesday, December 11, 1990 for these sales. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. 6. ORDINANCE NO. 21008 DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 1990A; AND ORDAINING OTHER MA ERS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. City Manager Garza summarized events relative to the Aquarium parking lot. He stated that a proposal has been submitted by Aqua Park, Inc. to operate the parking lot as a paid lot. He remarked that it is a Council decision whether or not to charge for parking at the Aquarium. He recommended that a fee be imposed because it would be a potential revenue source for the City. He indicated that the Aquarium Association is opposed to a parking fee, but should the Council decide to impose a charge, the association would be interested in managing the lot and collecting the fees. Mr. Garza recommended that a contract not be awarded to Aqua Park. He suggested that the City go out for requests for proposals and consider the most advantageous proposal to the City and the Aquarium. Mayor Turner expressed the opinion that to impose a fee at this time would be premature and counterproductive, stating that the City needs to make sure that the Aquarium is a success. Discussion ensued and Council Member McComb concurred with Mayor Turner, and moved that no consideration for paid parking at the Aquarium be given at this time but to keep it open as an option in the future. The motion was seconded by Council Member Galindo. Minutes Regular Council Meeting October 16, 1990 Page 4 Council Member Guerrero commented that the City has the potential for making some money. He expressed the opinion that if a parking fee will deter visitors at the Aquarium, it is not that good of an attraction. Council Member Hunt concurred with Mayor Turner and Council Member McComb. Council Member Galindo suggested that the Aquarium Association consider allowing the citizens of Corpus Christi free admission to the Aquarium for one month, and when the individuals are visiting the Aquarium, attempt to register them as members. Also discussed were the Certificates of Obligation for the Aquarium, and in response to a question from Council Member Moss, City Manager Garza informed him that half of the debt service for the Certificates of Obligation are being paid by the Aquarium Association and the other half by the City . In response to a question from Mayor Pro Tem Martin, City Manager Garza responded that the consultant who performed the study on the Aquarium reported the revenues which could be generated given certain projections of attendance at the Aquarium, but he did not address paid parking. Council Member Guerrero amended Mr. McComb's motion with the suggestion presented by Council Member Galindo, adding that the motion include a free month's worth of visits to the Aquarium to allow those who cannot afford to pay the entry fee to attend. There was no second to the amendment. Council Member Schwing spoke in opposition to Mr. McComb's motion, stating that he would like to hear other proposals for parking. Council Member Hunt requested figures on the projected tourists and conventioneers visiting the Aquarium. Mr. John Bell, 434 Sharon Drive, representing Port Bay Development Corporation, dba Aqua Park, Inc., detailed their proposal for operation of the parking lot adjacent to the Texas State Aquarium. He discussed the advantages of the proposal, stating that their agreement would be advantageous to the City, the Aquarium, and the local businesses. Mr. Louis Orona, 2805 David, expressed support of paid parking at the Aquarium. The next individuals spoke in opposition to paid parking at the Aquarium: Mayor Emeritus Luther Jones, who read a prepared statement; Ms. Lucy Hill, 4801 Wooldridge; Ms. Florence Adams, 618 Lansdown; Ms. Alicia Gallegos -Gomez; Mr. David Noyola, 4433 Valdez; Mr. David Royal, 2801 N. Shoreline, speaking on behalf of his mother and other business owners in the area; Ms. Sylvia Woods, an owner of property on Corpus Christi Minutes Regular Council Meeting October 16, 1990 Page 5 Beach; and Mr. Quenton Dokken, 6921 Dundee, Executive Director of the Aquarium, who read a prepared statement. Mayor Pro Tem Martin emphasized that the bond election of 1986 did not imply that parking at the Aquarium was free, noting that it stated public parking. Council Member McComb reiterated his motion to not consider imposing a parking fee at the Aquarium at this time, but to keep it open as an option in the future. The motion was seconded by Council Member Galindo and passed by the following vote: Turner, Martin, Galindo, Hunt and McComb voting, "Aye"; Guerrero and Schwing voting, "No"; Moss did not cast a vote; Rhodes absent. (M90-268) A brief informational report was received from Deputy City Manager Jesus Garza in regard to the issuance of a Use Privilege Agreement to AI Hogan Builder, Inc. granting the rights to install a fence within the right-of-way of Joplin Drive south of Holly. He stated that the Use Privilege Agreement which staff has prepared contains provisions which provide the City with adequate protection under the circumstances and any other format would increase the City's exposure to litigation and liability. Mr. Garza elaborated on the exceptions in the language of the agreement, noting that the revision is not acceptable to Mr. Hogan. Following a discussion, Mr. Garza clarified the two differences in the agreement and stressed that the property in question is not an easement, but is a City right -of way. City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading: 7. FIRST READING AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH AL HOGAN BUILDER, INC. FOR THE RIGHT TO INSTALL AND MAINTAIN 250 LINEAR FEET OF FENCE WITHIN THE PUBLIC RIGHT-OF- WAY IN WINDSONG SUBDIVISION UNIT II. The foregoing ordinance passed on first reading by the following vote: Turner, Martin, Galindo, Hunt, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 4, and a member of the audience requested that Item 1 be withheld for discussion. Minutes Regular Council Meeting October 16, 1990 Page 6 City Secretary Chapa polled the Council for their votes and the following were approved: 2. M90-266 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department on Aging; accepting a grant of $15,920 for the continued support of the Retired Senior Volunteer Program. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Hunt, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 3. RESOLUTION NO. 21006 AUTHORIZING THE EXECUTION OF CONTRACTS WITH TRAFFIC SIGNALS, INC. FOR $174,906 AND WITH CLIFFORD OF VERMONT, INC. FOR $17,550 PROVIDING FOR TRAFFIC LIGHT SYNCHRONIZATION IMPROVEMENTS ON STAPLES STREET FROM LEOPARD STREET TO WEBER ROAD; APPROPRIATING $200,000. The foregoing resolution passed by the following vote: Turner, Martin, Galindo, Hunt, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 4. ORDINANCE NO. 21007 AMENDING THE CODE OF ORDINANCES, CHAP 1'ER 49, STREETS AND SIDEWALKS, BY ADDING A NEW SECTION 49-14, PROCEDURES FOR ADOPTING A SECTION OF PUBLIC RIGHT-OF-WAY FOR LANDSCAPING OR LITTER ABATEMENT BY VOLUN I LER ORGANIZATIONS. The foregoing ordinance passed on third reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. * * * * * * * * * * * * * Relative to Item 1, West Central Youth Soccer Grant Award, Mr. David Noyola, 4433 Valdez, spoke in support of the West Central Youth Soccer League and expressed the opinion that the West Haven Park is too small a park for the league. City Secretary Chapa polled the Council for their votes and the following motion was passed: Minutes Regular Council Meeting October 16, 1990 Page 7 1. M90-265 Motion approving an agreement with West Central Youth Soccer League, providing for $4,000 for improvements to soccer fields in West Haven Park. The funds are available in the Park Bond Fund, Youth Sports Assistance Program. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Hunt, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. : e s s s e s s s s• s a Mayor Turner opened the public hearing on the following zoning application: 8. Case No. 990-2, Curtis S. Hills: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the northeast 120 feet of Lot 32, Block 1, Lexington Subdivision, located between South Padre Island Drive and Johanna Street, approximately 800 feet west of Richter Street. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of a "B-4" General Business District on the northeast 800 feet of Lot 32. There was no opposition to the zoning application. Council. Member Moss moved to close the public hearing; seconded by Council Member Galindo and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 21009 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CURTIS S. HILLS BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 32, BLOCK 1, LEXINGTON SUBDIVISION, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Hunt, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. Minutes Regular Council Meeting October 16, 1990 Page 8 Mayor Turner explained the procedures by which the Council considers zoning applications when they are recommended for approval by the Planning Commission and Planning Staff. Mayor Turner declared a short recess. Mayor Turner reconvened the Council Meeting and called for the EMS presentation by the City Manager. City Manager Garza responded to recommendations presented by Council Member McComb in regard to the EMS. He stated that it would be extremely difficult for the City to compete effectively with the private transporters and generate surplus revenue from the activity. In regard to a suggestion to instruct staff to implement the staffing requirements based on past demand periods for the area served, Mr. Garza stated that this is possible. He suggested that a privatization cost comparison be done. A broad discussion followed and Mayor Pro Tem Martin referred to the EMS studies which provided alternatives, discussions, options, but no decisions were furnished for the Council. He indicated that there are two issues, how does the City pay for EMS, and how does the City operate EMS. He stated that EMS is a basic City service and is the City's responsibility. Mr. Martin remarked that one of the suggestions offered by Mr. McComb would be for the RTA to direct some of its funds toward helping the City maintain the streets in a greater fashion which would allow the City within its current tax rate to direct some more money out of its General fund to the EMS. Council Member McComb declared that the main concern is long-term permanent financing and suggested getting the law changed to allow 1/4 of the money that is raised by the 1/2 cent sales tax levied to support RTA be committed to EMS. He suggested passing a resolution and work with the legislators to get the law changed. After more conversation, Council Member Hunt moved to instruct staff to prepare a resolution and request the Nueces County delegation to pursue legislative action requiring the RTA to allocate 1/4 of the revenues generated by the 1/2 cent sale tax to the EMS. The motion was seconded by Council Members Galindo and Guerrero and passed unanimously; Schwing absent at the time the vote was taken; Rhodes absent. Also discussed was street maintenance in regard to the RTA. Mayor Turner suggested pursuing the Hospital District Board to discuss transportation costs for the indigent. She stated that the City must consider EMS an Minutes Regular Council Meeting October 16, 1990 Page 9 essential City service like police and firefighting and suggested that the City make a better effort to collect overdue bills from ambulance users. * * * * * * * * * * * * * City Manager Garza commented about a report which was submitted to the Council from the Intergovernmental Commission on Drug and Alcohol Abuse pertaining to teenage drinking. Mr. Garza stated that the City is seriously concerned about this problem and that Police Chief Garret has done targeted work in handling the drug and alcohol abuse in Corpus Christi. Mr. Garza expressed concern about the manner in which the Commission submitted the report to the Council. Police Chief Garrett spoke in reference to the problem of teenage drinking and alcohol abuse and gave a brief update on the actions of the Police Department in regard to this problem. He emphasized that the department is doing everything it can to combat the problem. Council Member McComb expressed concern abut the objectivity of the report and questioned Mr. Tim Clower, the gentleman who prepared the report. Mayor Pro Tem Martin expressed concern about questioning Mr. Clower because he has pending litigation against the City's Police Department. Ms. Jean Newberry, Chairman of the Commission, reviewed the history of the report and commented in great detail about the findings in the report. She also elaborated on the teenage drinking problem. Following an extensive discussion of this matter, a motion was made by Council Member Guerrero instructing the City Manager, the Police Chief, and the Intergovernmental Commission on Drug and Alcohol Abuse to all work together to address the teenage drug and alcohol problem; to formulate a plan, short term and long range; and present their policy recommendations to the Council. The motion was seconded by Council Member Galindo and passed; Hunt voting, "No"; Rhodes absent. Mr. Lee Dunkelberg, a representative of Channel 3 TV, spoke on this issue and in response to a comment made by Ms. Jean Newberry, stated that he is well informed on the Intergovernmental Commission on Drug and Alcohol Abuse. Sam Granato, President of the Police Officers Association, expressed the opinion that teen alcohol abuse is an overwhelming problem compounded by the lack of parental assistance. He stated that the police officers do not have a place to take the youths when they are picked up for drinking. Minutes Regular Council Meeting October 16, 1990 Page 10 Ms. Abby Saenz, 5127 Cape Ann, a concerned parent, spoke about the teenage drug and alcohol problem. She suggested checking the City ordinance in regard to backyard parties and suggested that the parents of the youths be fined. * * * * * * * * * * * * * Mayor Turner referred to the ordinance passed last week affecting the utility rates and stated that a letter has been submitted by five registered voters requesting the Council to reconsider Ordinance 21001. Council Member Guerrero moved to not reconsider Ordinance 21001. The motion was seconded by Council Member Moss and passed unanimously; Schwing absent at the time the vote was taken; Rhodes absent. Mayor Turner called for liaison and other reports from the Council. In response to a question raised by Council Member Moss, City Manager Garza updated the Council on the status of replacing the palm trees. Mr. Moss commented about a company located in a downtown office building who would like information in regard to recycling. He provided Mr. Garza with the name of the person to contact. Council Member McComb commented in regard to recycling. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Trian Serbu, 14310 Playa Del Rey, objected to the proposed financing refunding proposal which was presented last week. He expressed the opinion that the refunding was a violation of the Charter; it further indebted the City; and it is not a good policy. Mayor Pro Tem Martin responded to Mr. Serbu's comments in regard to the wastewater activity. He stressed that the action which was taken last week to combine utility funds was consistent with the City Charter provision. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 6:30 p.m. on October 16, 1990. * * * * * * * * * * * * * I 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 October 16, 1990 which were approved by the City Council on October 30, 1990. L WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991. Beihy Turner Mayor �IzL4tec, Armando Chapa City Secretary