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