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HomeMy WebLinkAboutMinutes City Council - 08/06/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 6, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Cezar Galindo Leo Guerrero * Betty Jean Longoria Edward Martin Clif Moss Mary Pat Slavik Absent Deputy City Manager Jesus Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Joe McComb City Manager Juan Garza Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend David Pantermuehl of St. Paul United Church of Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. 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 July 30, 1991, and there being no corrections, she proclaimed them approved as presented. A presentation was given by the Sister City Steering Committee introducing the students from Corpus Christi, Japan, Spain and Mexico who participated in the 1991 Exchange Program. ********* * ** Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 11, and Council Members requested that Items 1, 2, 3, 6, 8 and 11 be withheld for discussion. MICROFILMED Minutes Regular Council Meeting August 6, 1991 Page 2 City Secretary Chapa polled the Council for their votes and the following were passed: 4. ORDINANCE NO. 021205 AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, SECITON 12-61, RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE --SCHEDULE AND REGULATIONS, TO PROVIDE FOR RATE ADJUSTMENT; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 5. ORDINANCE NO. 021206 AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, ARTICLE II, LICENSES AND PERMITS; ADMINISTRATIVE PROCEEDINGS, TO INCREASE FEES FOR HORSE STABLE PERMITS, COMMERCIAL PERMITS, AND GUARD DOG PERMITS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 7. ORDINANCE NO, 021208 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSE PREMISES STANDARDS, ARTICLE I, IN GENERAL SECITON 13-2, PERMIT AND ADMINISTRATIVE FEES, TO INCREASE PERMIT AND ADMINISTRATIVE FEES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 9. ORDINANCE NO. 021210 AMENDING THE CITY CODE BY AMENDING SECTION 18-20, AMBULANCE RATES, TO PROVIDE FOR AN INCREASE IN FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting August 6, 1991 Page 3 The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 10. ORDINANCE NO. 021211 CLOSING AND ABANDONING A 3 -FOOT WIDE BY 98 -FOOT LONG PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT ALONG THE WEST PROPERTY LINE OF LOT 7, BLOCK 1, RYAN SUBDIVISION; SUBJECT TO CERTAIN PROVISIONS. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. * * * * * * * * * * * * * Responding to questions from Council Member Slavik on Item 1, submission of a grant application to the State Department of Highways and Public Transportation for a DWI selective traffic enforcement project, Deputy City Manager Garza advised that the City will provide the State with information regarding the disbursement of the funding. He stated that the State will evaluate the grant program State-wide. Relative to Item 2, school crossing guard program, Mayor Pro Tem McNichols stated that last week the Council voted against the proposed additional $1.50 vehicle registration fee. He noted that there was some interest for a fee at a lesser level and inquired if this item will be brought before the Council, and it was the consensus of the Council that it be presented for discussion. On Item 3, fee ordinances for FY 1991-92, Mayor Pro Tem McNichols inquired if the ordinance included changes in fees for adult sports, and Deputy City Manager Garza stated that the rental rates for Parks and Recreation include the Latchkey and the Summer Youth Program. City Attorney Bray stated that the adult sports were dealt with administratively under the power in the ordinance to make increases up to 25 percent. Responding to Dr. McNichols, Deputy City Manager Garza stated that he will provide the Council with a final listing of all the increases. * Council Member Guerrero arrived at the meeting. Council Member Martin requested a copy of the notification provision. Mr. J. E. O'Brien, 4130 Pompano, expressed opposition to the discussion on the $1.50 charge, stating that it was not on the agenda, and Mayor Rhodes informed Mr. O'Brien that the Council could place items on next week's agenda at any time. Minutes Regular Council Meeting August 6, 1991 Page 4 Mr. Ron Hudson, 3556 Austin, spoke in regard to food and food service establishments, and expressed opposition to the City subsidizing other taxing agencies by providing free inspections. Deputy City Manager Garza and Bill Hennings, Development Services Director, stated that the State Health Department has advised local Health Departments not to charge a fee to other taxing agencies but to regulate them, issue permits and make inspections of their food handling facilities. On Item 8, solid waste services, Council Member Moss inquired if the recycling charge could be shown separately on the bill, stating that it might be an incentive for more participation. Responding to a question from Council Member Slavik, Deputy City Manager Garza stated that the programming on the computer would be rather significant and cautioned against it. He stated that there should be an educational program to persuade people to recycle. In response to a question from Council Member Martin in regard to the back door service, Mr. Garza elaborated on the back door service program and stated that it basically is treated as pickup at three homes. Mr. Ron Hudson, 3556 Austin, commented on Item 11, Cable Communications Advisory Committee. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-221 Motion approving the submission of a grant application to the State Department of Highways and Public Transportation for funding of a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the Texas Safety Program contract and designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye'; McComb absent. 2. SECOND READING ASSESSING A COURT COST OF $1.00 FOR EACH VIOLATION OF AN ORDINANCE, REGULATION OR ORDER REGULATING THE STOPPING, STANDING, OR PARKING OF VEHICLES; LIMITING USE OF SUCH FUNDS TO A SCHOOL CROSSING GUARD PROGRAM WITH ANY EXCESS TO BE USED FOR OTHER CHILD PROTECTIVE PROGRAMS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION, Minutes Regular Council Meeting August 6, 1991 Page 5 The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria. Martin, Moss and Slavik voting, "Aye"; McComb absent. 3. ORDINANCE NO. 021204 INCREASING RENTAL RATES FOR SUMMER YOUTH PROGRAMS AND LATCHKEY PROGRAMS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. 6. ORDINANCE NO. 021207 AMENDING THE CODE OF ORDINANCES, CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, SECTION 19-33(b) ISSUANCE FEE, TO INCREASE THE FEES FOR ISSUANCE OF HEALTH PERMITS FOR FOOD ESTABLISHMENTS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye; McComb absent. 8. ORDINANCE NO. 021209 AMENDING THE CITY CODE, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, TO PROVIDE FOR RATE INCREASES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin and Moss voting, "Aye"; Slavik voting, "No"; McComb absent. 11. ORDINANCE NO. 021212 AMENDING THE CODE OF ORDINANCES, DIVISION 17, CABLE COMMUNICATIONS ADVISORY COMMITTEE, ARTICLE IV, MISCELLANEOUS BOARDS, COMMISSIONS, AND COMMI FILES, CHAPTER 2, ADMINISTRATION, SECTIONS 2-180 AND 2-181, REGARDING MEMBERSHIP, MEETINGS, AND OFFICERS. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. Minutes Regular Council Meeting August 6, 1991 Page 6 ............. Mayor Rhodes called for the City Manager's report. Deputy City Manager Garza updated the Council about a joint project between the City and the school district in regard to building a natatorium. Mr. Garza stated that the changes on the Miradores have been approved by staff. In regard to a memorandum relative to the Briones Recycling Center, Mr. Garza stated that staff will await direction from the Council. Mr. Garza informed the Council that Building Official Lorenzo Gonzalez and his staff were responsible for the City's obtaining reductions in flood insurance premiums for property owners. Council Member Martin pointed out the major savings to the citizens and suggested that Mr. Gonzalez and his staff be recognized by the Council. Mr. Garza noted that there was an omission in the Budget regarding the correct number of lieutenants in the Police Department, stating that this housekeeping amendment is forthcoming to the Council. Mayor's Update - Mayor Rhodes commented in regard to a proposed resolution by the City of Dallas concerning the possession of open containers. She stated that she will furnish the Council with a copy of the resolution in the Friday mail packets and requested that the resolution be put on next week's agenda. Mrs. Rhodes referred to a request for speed bumps that was sent to the Council and she submitted it to the proper department. Responding to a question from the Mayor, Deputy City Manager Garza stated that the Council passed a resolution in opposition to the Nueces River non -hazardous industrial landfill operation and was forwarded to the proper agencies. Mrs. Rhodes informed the Council that there seems to be some interest from the members who served on the CC90 in doing a CC2000. She asked the Council to notify her if they are interested. Mrs. Rhodes inquired about a proposed ordinance in regard to developers and parks, and Deputy City Manager Garza stated that he will furnish a report on this issue. Mrs. Rhodes inquired about the water theme park on Corpus Christi Beach, and Mr. Garza stated that he will check into the situation and provide a report. Minutes Regular Council Meeting August 6, 1991 Page 7 Mrs. Rhodes stated that the weeds were very high on Nueces/Navigation by the freeway, and she was informed it is the State's responsibility, and Mrs. Longoria advised that the State is in the process of mowing. Mayor Rhodes called for Council concerns and liaison reports. Council Member Slavik advised that the Municipal Arts Commission had not contacted the Airport Advisory Board in regard to the proposed art work for the Airport. She suggested that in the future, as a courtesy, the affected boards should be informed. Mrs. Slavik talked about the junk cars in Flour Bluff on Claride and Scotland Drive, and Deputy City Manager Garza noted the existing ordinances and codes, stating that staff will look into the matter. Mrs. Slavik announced a meeting which will be held in Flour Bluff on August 15 at the Flour Bluff Primary School cafeteria and encouraged the Council and staff to attend. Council Member Longoria spoke on the subject of speed bumps on Mayfield Drive in the Annaville area, and Deputy City Manager Garza stated that the City discourages speed bumps and he elaborated on the reasons. He stated that staff evaluates each request and if it would be a liability to the City, speed bumps are not recommended. Council Member Galindo commented in regard to a group of citizens who have requested the possibility of having a one-way street for one block on Yale Street. Mr. Galindo noted that there are convenience stores in the City that promote the sale of an individual can of beer. He inquired how that could be discouraged, and Deputy City Manager Garza stated that staff will inquire into what other cities do in this regard. Mayor Pro Tem McNichols referred to the meeting which will be held in Flour Bluff and discussed the purpose of the meeting. Council Member Moss referred to the speed bumps on Doddridge and City Manager Garza discussed the distinction between rumble strips and speed bumps. A discussion followed in regard to the Council Request forms, and Mayor Rhodes recommended that the response to the citizen regarding the complaint should be from the Council Member, and Mayor Pro Tem McNichols recommended that the Council Member who turned in the request receive a notification when the concern has been handled. Mrs. Rhodes requested that a packet of the Service Request forms be sent to the Council in the Friday mail packet. She recommended that the Council only bring to open session the concerns which affect everyone or affect ordinances. Mayor Rhodes announced that the Council will go into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S., on proceedings before the Texas Water Commission regarding releases from Corpus Christi's reservoir system. Minutes Regular Council Meeting August 6, 1991 Page 8 Mr. J. E. O'Brien, 4130 Pompano, questioned whether this agenda item falls under the Texas Open Meetings Act, and City Attorney Bray stated that the agenda posting is adequate and follows the Open Meetings Act. *• Y i k Y* i* k i t Mayor Rhodes reconvened the Council Meeting and declared a ten-minute recess. s s s x s s s s a s s x s Mayor Rhodes reconvened the Council Meeting and called for the discussion on the recommendations of the Texas Water Commission's Technical Advisory Committee. Deputy City Manager Garza provided background information and reviewed the basic points of the recommendations. Council Member Moss expressed concern about the salinity level in Nueces Bay, noting that the Railroad Commission allows saltwater from oil wells to be dumped there. He inquired if that could be diverted elsewhere, and Deputy City Manager Garza stated that staff has written the Texas Water Commission about the problem. Deputy City Manager Garza, Public Utilities Director Medina and Water Superintendent Paul Werner responded to a series of specific questions in regard to Choke Canyon, Lake Corpus Christi, the drought contingency plan, and the makeup of the Oversight Committee. Mayor Pro Tem McNichols asked for clarification on the conditions under which the City is being forced to operate in regard to releases of water. He stated that some of the conditions are imposed based on information which is conjecture, rather than fact. He stated that studies will be done to provide the needed scientific data; however, until such time, the City is being asked to give up water based on supposition but that the loss of water from the City's supply is concrete and its effect on our quality of life and the economy is real. Council Member Guerrero expressed opposition to the recommendations, maintaining that the releases would adversely affect the City's quality of life, deter industrial growth and could activate water conservation measurers. Mr. Tim Brown, an attorney representing the City, explained the justification of the recommendations. He stated that in the five-year period, projections are that there is adequate water in the reservoir system to meet the demand of the City. Following a broad discussion, Council Member Martin concurred with the recommendations, with the addition of certain language. The subject of wells was discussed, and Mayor Rhodes requested that the Council be given a cost estimate of using those wells and a map showing their locations. Minutes Regular Council Meeting August 6, 1991 Page 9 Mayor Pro Tem McNichols referred to Item 2(c) of the Technical Advisory Committee recommendations on fresh water releases that reads as follows: "In any month when water impounded in the system is less than 40 percent but equal to or greater than 30 percent of the storage capacity, the City of Corpus Christi should provide inflows to Nueces Bay equal to at least 50 percent of the monthly allocation as set out in recommendation 1." Dr. McNichols stated that if the City continues in a relative drought period and it worsens, it could be placed in a situation where we would still have to release fifty percent of the amount they want released. He asked everyone to consider the effect on and the perception of Corpus Christi in Texas and elsewhere, as well as the effect on the economy. Deputy City Manager Garza stated that under our current provision, the State may order releases of not less than 151,000 acre feet regardless of the conditions of our reservoirs, so by being able to put in a drought provision in this short term plan, we are able to take relief providing we enact some drought contingency measures. Mayor Rhodes stated that the City is not releasing the water because we choose to. She stated that she was going to vote in favor of the recommendations because of the legal opinion given and because based on her knowledge of the Water Commission, the City might be required to release more. In the meantime, Mayor Rhodes stated that this recommendation will allow time to get the scientific data necessary to make our case. Mayor Pro Tem McNichols stated that based on the recommendations, the City gets fifty percent credit for rainfall which applies to the following month. However, in the case of unusually heavy rainstorms, which should necessarily eliminate the need for releases for several months, it is not considered. He stated that the City would still be limited to the fifty percent credit and it would only be good for one month. Mr. E. Barker talked about the year 1930 when the Mathis Dam broke and Corpus Christi was without water. Mayor Rhodes made a motion to approve the Technical Advisory Committee's recommendations with the following qualifications: 1, that the Water Commission specifically acknowledge that the recommendations infringe on the rights the City holds under its water rights; 2, that the City may at any time assert its rights and privileges and by agreeing to the recommendations, the City is not waiving or surrendering any portion of its rights under the Certificate of Adjudication No. 21-3214; 3, that paragraph 7(c) be modified to limit the term of the effect of the proposed recommendations to five years, and to authorize the City's attorney to take all steps necessary to accomplish such an order, or to pursue all legal remedies in the absence of such an order. The motion was seconded by Council Member Galindo and passed by the following vote: Rhodes, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; McNichols and Guerrero voting, "No"; McComb absent. Mayor Rhodes spoke on the issue of canceling the Council Meeting of August 20, 1991 so that the Council could attend the hearings in Austin. A motion was made by Council Member Martin to cancel the Council Meeting of August 20, 1991; seconded by Minutes Regular Council Meeting August 6, 1991 Page 10 Council Member Galindo and passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, and Moss voting, "Aye"; Slavik voting, "No"; McComb absent. 13. M91-222 Motion to cancel the Regular Council Meeting of August 20, 1991. s s a s r a s s.: s• s Regarding the task force report on youth crime, Deputy City Manager Garza stated that he did not have a chance to review information that was presented to him before the meeting. He requested that the report be postponed until next week, and the Council was in agreement. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. E. Barker, 2038 18th Street, spoke about juvenile crime in the City. Mr. J. E. O'Brien, 4130 Pompano, stated that several months ago, a Council Member suggested that car allowances be discussed during the budget process. He inquired why this had not been done. Mayor Rhodes noted that no one brought it up during the budget discussions and suggested that it be brought up if someone wants to discuss it. Council Member Galindo read a statement from Mr. Harold Hoppenrath inviting the Council to an entertainment and cultural program which will be held at Heritage Park on August 7 at 7 p.m. Mr. Ron Hudson, 3556 Austin, spoke in regard to the religious access users groups. Mr. Philip Rosenstein, 949 Bobalo, recommended that smoking be banned in the City Hall Building. Mr. Jimmie Till, 1265 Southern Minerals Road, suggested that the Council hold the closed session meeting after the regular agenda, and Mayor Rhodes explained that normally this is done but this was an exception. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:30 p.m. on August 6, 1991. s s s: x s s e■ x x*+ 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 August 6, 1991, which were approved by the City Council on August 13, 1991. WITNESSETH MY HAND AND SEAL, this the 20th day of August, 1991. a.Q %, Armando Chapa City Secretary