HomeMy WebLinkAboutMinutes City Council - 08/27/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 27, 1991
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Dr. David McNichols
Council Members:
Cezar Galindo
Betty Jean Longoria
Edward Martin
Joe McComb
Clif Moss
Mary Pat Slavik
Absent
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Reverend E. F. Bennett, a retired minister, following
which the Pledge of Allegiance to the Flag of the United States was led by Council Member
Galindo.
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 13, 1991, and there being no corrections, she proclaimed them approved as
presented.
Mr. Mike Carrell, Vice Chairman of the Lady Lex Task Force, presented a proposal
by the Corpus Christi Area Convention and Visitors Bureau and the Lady Lex Museum on
the Bay Association for a funding plan to bring the USS Lexington aircraft carrier to Corpus
Christi Bay as a floating museum. The plan calls for the City to issue $3 million in
certifications of obligation which would be paid off with hotel/motel tax revenues currently
pledged to the Corpus Christi Area Convention and Visitors Bureau.
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Regular Council Meeting
August 27, 1991
Page 2
Mr. Bill Pruet, 5322 St. Andrews, Chairman of the Area Convention and Visitors
Bureau, stated that the bureau has unanimously supported a resolution whereby they would
commit to provide additional funding to complete the relocation, berthing and operation of
the USS Lexington in Corpus Christi operating it as a premier attraction museum.
A brief question and answer period followed.
Council Member Slavik expressed concern about the rush and why the funding
request was not presented to the Council earlier.
City Manager Garza stated that this is a solid proposal and the way that a bond issue
should be done. He stated that the City's financial advisor has no problem with the way the
proposal is structured.
Mr. Pruet reviewed the funding, stating that the proposal specifies that whether or
not there are increases in bed tax revenues, the Area Convention and Visitors Bureau is
accepting the responsibility for repayment of the debt services of the bonds which they are
requesting the City to allow to be issued.
Council Member Galindo suggested that if the Lady Lex is a successful project, the
City Manager should look into reducing the amount of funding for the Convention and
Visitors Bureau regarding the percentage of their basic allotment.
Mr. Harold Hoppenrath, 338 Clifford, expressed the concern that the Convention and
Visitors Bureau might come back to the City for additional funding if they anticipate
defaulting on the bonds, and City Manager Garza stated that this would not occur because
we would be pledging first dollars from the collections in the hotel/motel property taxes,
noting that we are guaranteeing the borrower that we will first pay off the bonds and then
we will support operations.
Mr. J. E. O'Brien, 4130 Pompano, commented on the outstanding debt of the City.
He suggested using the funding from the Economic Development Corporation. He stated
that the Executive Committee of the CC Taxpayers Association has voted unanimously to
oppose the use of any public funds for the Lady Lex project unless the expenditure of those
funds is approved by the voters of Corpus Christi.
Mr. Louis Lovelace, 1549 Casa Grande, and Mr. Raymond Hasker, 1813 Wallace,
expressed opposition to the $3 million requested for the project and recommended that the
matter be put before the voters.
Ms. Mary Beth Nelson, 2721 Erie Drive, expressed concern about the figures and
suggested that there should be more research done on the proposal.
Mayor Pro Tem McNichols clarified that the projections indicate that we will
continue to see an increase in the revenues generated by the hotel/motel taxes. He stated
that the initial $300,000 to fund the project comes from the initial bed tax that is collected;
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Regular Council Meeting
August 27, 1991
Page 3
the first portion of that money under this proposed plan would go to pay the obligation; and
the rest of the funds that are received for that year would be used for other projects.
Council Member Martin concurred with Dr. McNichols and stated that the risk is
being taken by the tourist industry wherein they will be diverting dollars currently being
spent to attract tourists to help bring in other major tourist attractions.
Council Member Slavik stated that she has too many concerns. She questioned why
this wasn't presented to the Council during the budget hearings and inquired about the
private dollars that were promised for the project. She stated that she would only support
this source of funding if it were put to a vote of the people.
Council Member Longoria expressed support of the project, stating that she has
confidence in the City and the hotel/motel tax.
Mayor Rhodes stated that when this was first presented, she had some concerns,
stating that under the current structure, she believes it is a responsible package. She
expressed appreciation to everyone responsible for the project.
City Secretary Chapa polled the Council for their votes and the following resolution
was passed:
1. RESOLUTION NO. 021222
SUPPORTING THE APPLICATION OF THE CORPUS CHRISTI AREA
CONVENTION AND VISITORS BUREAU TO OBTAIN THE U.S.S.
LEXINGTON TO BE USED AS A FLOATING NAVAL AVIATION MUSEUM.
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss Slavik voting, "Aye"; Slavik voting, "No";
Guerrero absent.
Mayor Rhodes declared a five-minute recess.
Y•#••! Y• Y Y Y• t
Mayor Rhodes reconvened the Council Meeting and called for the presentation on
the Water Committee.
Mr. F. Michael Speed, 726 Brock, updated the Council on the activities of the various
sub -committees of the Water Resources Committee and reviewed the results of a number
of issues. He stated that we are not in a water crisis or shortage at this time; we will need
alternative water sources by the year 2020; and we need to form a committee from San
Antonio, Corpus Christi, Seguin, Gonzalez, Victoria, etc. to address water sources on a
regional basis.
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Regular Council Meeting
August 27, 1991
Page 4
Mr. Speed then discussed specific recommendations for the fresh water release plan
such as, 1. assemble a scientific team to review the T.A.C. data, methodology and
conclusions; 2. get salinity monitoring equipment as soon as possible; 3. demand adequate
representation on the oversight committee for consumers and ratepayers; 4; have the Water
Committee hold a public hearing in Corpus Christi to explain the rationale for the operating
plan; 5. the proposed rules must expire in five years and be subject to renegotiation as soon
as new data is available; 6. hold firm on not surrendering our water rights and insist on
having absolute first call on all water; 7. the Texas Water Commission should acknowledge
that the sixty -percent return ration is incorrect; 8. any operating plan must count returns
from Baffin Bay to Copano Bay - including stormwater discharges; 9. any operating plan
must be based on the fundamental relationship that as demand increases, fresh water
releases decrease; 10. the Council should aggressively seek and consider all administrative
and legal solutions. He urged the Council to work with the Water Commission to try to
resolve this issue and explore every option available to them.
Mr. Speed responded to specific questions raised by the Council and after a broad
discussion, Council Member Martin suggested that this issue be discussed at a workshop
meeting because of the many concerns and various questions.
Mayor Rhodes requested that the Council be given a copy of Mr. Speed's specific
recommendations and staff's responses to the recommendations.
Mayor Pro Tem McNichols stressed the importance of establishing a firm plan and
taking action as necessary because the City is on an enforced timetable.
Mayor Rhodes stated that she will set up a meeting with the various mayors and
asked for a staff recommendation as to what cities should be invited.
Following more discussion, Council Member Martin inquired about which water
management plan the City is agreeing to, and Deputy City Manager Garza stated that the
water management plan is that of the Texas Water Commission; it is part of the interim
order that the City currently has; and it is at our discretion to implement. Council Member
Martin stated that the City should go by its own plan.
Y t t••••• Y i# 3 Y
A distinguished Budget Award for budget presentation FY 1990-91 was presented to
Rosie Vela, Director of Finance, by a representative of the Government Finance Officers
Association. Ms. Vela recognized individuals in the Management and Budget office.
i t i i t* t## t
Y
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 3 thru 23, and Council Members requested
that Items 3, 4, 7, 9, 10, 19 and 20 be withheld for discussion.
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Regular Council Meeting
August 27, 1991
Page 5
City Secretary Chapa polled the Council for their votes and the following were
passed:
5. M91-232
Motion approving the purchase of two defibrillator/monitors from Physio -Control
Corporation, Redmond, WA, for the total amount of $19,102.20 based on sole source.
The defibrillator/monitors will be used by the E.M.S. Division.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
6. FIRST READING
AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING
COMMI F1'EE, OF THE CITY CODE OF ORDINANCES TO INCREASE THE
NUMBER OF MEMBERS ON THE STEERING COMMI 1 IEE OF THE SIS 1 E
CITY COMMITTEE FROM 15 TO 21; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
8. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 4, ALCOHOLIC
BEVERAGES, SECTION 4-1, ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL
PROPERTY AND IN CERTAIN PARK AREAS; AND CHAPTER 36, PARKS,
RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES, SECTION 36-
11, CURFEW; ALCOHOLIC BEVERAGES, BY PROHIBITING THE
POSSESSION, USE, OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE
IN CERTAIN DESIGNATED PARKS AND RECREATIONAL FIELDS DURING
CERTAIN HOURS.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
11. M91-235
Motion authorizing the City Manager or his designee to execute a one-year
agreement for services in the amount of $30,000 with the Harbor Playhouse, Inc.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
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Regular Council Meeting
August 27, 1991
Page 6
12. M91-236
Motion authorizing the City Manager or his designee to execute an agreement with
the Corpus Christi Independent School District for an education program at the
Museum of Science and History.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
13. M91-237
Motion authorizing the City Manager or his designee to approve an agreement with
the Nueces County Mental Health and Mental Retardation Community Center to
provide for the City to pay $5,000 monthly for purchase of services from the
Community Center during fiscal year 1991-92, and for payments of amounts approved
in the annual budget in future fiscal years.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
14. M91-238
Motion authorizing the City Manager or his designee to execute an Agreement
Amendment with the Boys and Girls Club of Corpus Christi which provides $127,000
from the FY 1991 CDBG Program for additional improvements to the facility located
at 3902 Greenwood.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
15. M91-239
Motion authorizing the City Manager or his designee to execute an agreement with
Dos Mundos Day School, Inc. which provides $19,000 from the FY 1990 (16th Year)
CDBG program for the removal of existing playground equipment, renovation of the
existing playground area and purchase and installation of new playground equipment
at the Dos Mundos site, 849 Erwin Street.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
16. M91-240
Motion approving a request from Bayfest, Inc. to close the following street sections
for Bayfest '91:
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Regular Council Meeting
August 27, 1991
Page 7
• N. Shoreline Boulevard, west leg, between westbound Interstate 37
and Hughes Street, from Wednesday, September 25, through
Wednesday, October 9, 1991,
• N. Shoreline Boulevard, east leg, between westbound Interstate 37
and Hughes Street; No. Water Street, between Fitzgerald Street and
Hughes Street; Belden Street, Power Street, Palo Alto Street, Fitzgerald
Street, Resaca Street and Hughes Street, each between Water Street and North
Shoreline Boulevard, from Friday, October 4, through Sunday, October 6, 1991.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
17. M91-241
Motion awarding a contract in the amount of $34,955 to Malek, Inc. for the
replacement of the boiler at the Natural Sciences Museum.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
18. M91-242
Motion awarding a contract in the amount of $340,904 to W.T. Young Construction
to replace the existing 24 -inch force main on Saratoga Boulevard between Staples
Street and Cimmaron Road.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye'; Guerrero absent.
21. ORDINANCE NO. 021225
APPROVING THE WRII IEN STATEMENT OF THE CITY ENGINEER OF
VARIOUS COSTS FOR THE IMPROVEMENT OF SARATOGA BOULEVARD
AND RODD FIELD ROAD; DETERMINING THE PORTION OF SAID COSTS
TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION
TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE
PRELIMINARY ASSESSMENT ROLL DURING A MEETING OF THE CITY
COUNCIL ON SEPTEMBER 24, 1991, IN THE COUNCIL CHAMBERS, CITY
HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and
Slavik voting, "Aye"; Guerrero absent.
22. FIRST READING
Minutes
Regular Council Meeting
August 27, 1991
Page 8
CLOSING AND ABANDONING A 4 -FOOT WIDE BY 20 -FOOT LONG UTILITY
EASEMENT ALONG THE COMMON LINE OF LOTS 25 AND 26, BLOCK 23,
LINDALE PARK SECTION II; SUBJECT TO CERTAIN PROVISIONS.
The foregoing ordinance was passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
23. ORDINANCE NO. 021226
AUTHORIZING THE EXECUTION OF A 5 -YEAR LEASE AGREEMENT
WITH THE TRACT 16 NEIGHBORHOOD COUNCIL, INC. FOR LOT 7-D, W.
K. BLAKE ADDITION, LOCATED AT 2835 BLAKE STREET; APPROVING
THE RENTAL AMOUNT OF 41.00; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
Relative to Item 3, approving a supply agreement for approximately 30 tons of sulfur
dioxide, Council Member Slavik inquired why the dechlorination is required by the EPA,
and City Manager Garza stated that chlorine kills microbes, and if allowed in the estuaries,
can cause some reactions that cause cancer in the animal life. He stated that even though
the EPA first required the City to put it in to kill the microbes, they are now requiring the
City to take it out before the water is released to the bays and estuaries.
Mayor Pro Tem McNichols pointed out that the City will spend about $90,000 over
the next several years strictly for dechlorination requirements at the wastewater treatment
plants under EPA regulations.
Council Member Moss inquired if this will increase the odors at the plants, and City
Manager Garza stated that it would not.
On Item 4, approving a supply agreement for large lamps, Council Member McComb
stated that this is the second purchase of a continuing cooperating purchasing effort of the
Joint Governmental Purchasing Group, noting that the City will realize a 3.8 percent annual
savings.
Responding to a question from Council Member Moss on Item 7, airport surveillance
radar lease, City Manager Garza stated that this is a request of the F.A.A. and is their
preferred lease language.
On Item 9, Heart of Corpus Christi, Council Member Slavik inquired about the salary
of the Director of the Heart of Corpus Christi, and City Manager Garza stated that he
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Regular Council Meeting
August 27, 1991
Page 9
would provide Mrs. Slavik with the figure. Mrs. Slavik referred to the Management District
and asked if the City will be expected to fund both organizations, and if so, she is against
spending more than $100,000 total for both groups.
City Manager Garza stated that nothing has changed since this was approved during
the budget process. These monies are the same monies that would apply to the
Management District. He stated that the City is putting $100,000 into downtown via the
Heart and it is contemplated that the Heart will provide administrative services for the
downtown Management District.
On Item 10, supplemental agreement with EDC, Council Member Slavik inquired as
to how much money the City has spent on the Lexington project, including the $25,000
which was recently budgeted to the EDC, and the source of the funds.
City Manager Garza stated that the $25,000 is the original amount and he is not
aware that the city has pledged any additional dollars. He stated that the Council previously
passed a resolution in support of the Lexington but no monies were given.
Mayor Pro Tem McNichols stated that Items 9 and 10 are monies that have been
budgeted and approved by the Council in the past. He stated that this is not a request for
new or additional funding.
Mr. Raymond Hasker, 1813 Wallace, commended Council Member Slavik for her
stand on the Lady Lex. He expressed opposition to the $25,000 for services related to the
proposed Lady Lex Museum.
Mr. J. E. O'Brien, 4130 Pompano, expressed opposition to the $25,000 being given
to the EDC.
Council Member McComb stated that $25,000 is not being paid by the local taxpayer;
it is being paid out of monies that were received out of the hotel/motel occupancy tax for
last fiscal year and budgeted for this purpose.
Mr. Harold Hoppenrath, 338 Clifford, expressed concern about the $25,000 for the
Economic Development Corporation.
Relative to Item 19, bicycle bike events across Harbor Bridge, Mayor Pro Tem
McNichols expressed concern about the risk to the drivers and bikers, and Deputy City
Manager Garza stated that staff has investigated the matter and the City will insure that
there is proper barricading and policing for maximum safety.
On Item 20, determining the necessity for and authorizing improvements to Saratoga
Blvd. from Staples Street to Rodd Field Road and Rodd Field Road from Saratoga
Boulevard to South Padre Island Drive, Mayor Pro Tem McNichols asked about the reason
this is being done as an emergency item, and Deputy City Manager Garza stated that this
is the manner in which the City has handled declaring the necessity and ordering the
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Regular Council Meeting
August 27, 1991
Page 10
improvements of projects; it has always been done on an emergency basis; and there will
be a full public hearing on the paving assessments on September 24.
Ms. Mary Beth Nelson suggested that the project be five lanes. She asked if
sidewalks and bike lanes have been included in the project and City Manager Garza stated
that sidewalks have been included in the project and that it is a five -lane project. Ms.
Nelson suggested that space be allocated for bike paths in future road improvements.
City Secretary Chapa polled the Council for their votes and the following were
passed:
3. M91-230
Motion approving a supply agreement for approximately 30 tons of sulfur dioxide in
accordance with Bid Invitation No. BI -0278-91 with DPC Industries, Inc., Corpus
Christi, Texas, for a total of $27,600 based on only bid. The term of the contract will
be twelve months with option to extend for up to an additional twelve months subject
to the approval of the supplier and the City Manager or his designee. This chemical
will be used by the Wastewater Department for the treatment of effluent water.
Funds have been budgeted for FY 1991-92.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
4. M91-231
Motion approving a supply agreement for large lamps in accordance with Bid
Invitation No. JGPG-91-2 with Consolidated Electrical Distributors, Corpus Christi,
Texas, for the estimated annual expenditure of $22,297, based on low bid. The term
of the contract is for twelve months with an option to extend for up to twelve
additional months, subject to the approval of the seller and the City Manager or his
designee.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent.
7. FIRST READING
AUTHORIZING THE RENEWAL OF A ONE YEAR LEASE AGREEMENT,
NO. DTFA07-92-L-01001, WITH AN AUTOMATIC RENEWAL OPTION UNTIL
SEPTEMBER 20, 2001, WITH THE FEDERAL AVIATION ADMINISTRATION
FOR THE USE OF A 200 -FOOT BY 200 -FOOT SITE IN EVELYN PRICE PARK
FOR AN AIRPORT SURVEILLANCE RADAR STATION, AT NO COST TO
THE FEDERAL GOVERNMENT; AND PROVIDING FOR PUBLICATION.
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Regular Council Meeting
August 27, 1991
Page 11
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
9. M91-233
Motion authorizing the City Manager or his designee to approve an agreement for
$100,000 with Heart of Corpus Christi, Inc., for the year ending July 31, 1992.
The foregoing motion passed by the following vote: Rhodes, McNichols, Longoria,
Martin, McComb, Moss and Slavik voting, "Aye"; Galindo voting, "No"; Guerrero
absent.
10. M91-234
Motion authorizing the City Manager or his designee to approve a supplemental
agreement with the Corpus Christi Area Economic Development Corporation for
additional services in the amount of $25,000 related to the proposed Lady Lex
Museum.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye; Slavik voting, "No"; Guerrero
absent.
19. ORDINANCE NO.021223
CLOSING THE FAR WEST TRAVEL LANE OF THE SOUTHBOUND SIDE OF
THE HARBOR BRIDGE AND THE WEST SHOULDER LANE OF THE
SOUTHBOUND SIDE OF THE NUECES BAY CAUSEWAY TO VEHICULAR
TRAFFIC ON SATURDAY, SEPTEMBER 14, 1991, BETWEEN THE OURS OF
7:00 AND 10:00 A.M. FOR THE PURPOSE OF AN ORGANIZED BICYCLE
RIDE SPONSORED BY THE AMERICAN LUNG ASSOCIATION OF TEXAS;
AND ON SUNDAY, SEPTEMBER 22, 1991, BETWEEN THE HOURS OF 11:00
A.M. AND 1:00 P.M., FOR THE PURPOSE OF AN ORGANIZED BICYCLE
RIDE SPONSORED BY THE NATIONAL MULTIPLE SCLEROSIS SOCIETY;
AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik
voting, "Aye"; Guerrero absent.
20. ORDINANCE NO. 021224
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF SARATOGA BOULEVARD FROM STAPLES STREET TO
RODD FIELD ROAD AND RODD FIELD ROAD FROM SARATOGA
BOULEVARD TO SOUTH PADRE ISLAND DRIVE; REQUIRING THE
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Regular Council Meeting
August 27, 1991
Page 12
DIRECTOR OF ENGINEERING SERVICES TO PREPARE PLANS AND
SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE
IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS
TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS
SHALL BE PAID; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and
Slavik voting, "Aye"; Guerrero absent.
Mayor Rhodes called for consideration of Item 24, terminal and concourse roof
improvements, Corpus Christi International Airport, and City Manager Garza advised that
the City is under litigation with respect to the roof and if the Council Members have any
questions they can go into closed session.
There were no comments from the Council or audience.
City Secretary Chapa polled the Council for their votes and the following motion
passed:
24. M91-243
Motion awarding a contract to Haeber Roofing Company for $781,595 providing for
roof improvements to the Terminal and Concourse at the Corpus Christi
International Airport.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb, Moss and Slavik voting, "Aye; Guerrero absent.
City Manager Garza provided background information on Items 25 and 26, arbitrage
rebate relief.
City Secretary Chapa polled the Council for their vote and the following resolutions
passed:
25. RESOLUTION NO. 021227
SUPPORTING PASSAGE OF H.R. 710 AND S.913 AMENDMENTS TO THE
TAX REFORM ACT OF 1986 PERTAINING TO TAX EXEMPT MUNICIPAL
BONDS TO PROVIDE FOR REDUCED BORROWING COSTS FOR SMALL
BOND ISSUERS AND PROVIDE ASSISTANCE TO SMALL COMMUNITIES
SEEKING TO FINANCE CAPITAL IMPROVEMENTS.
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Regular Council Meeting
August 27, 1991
Page 13
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, McComb, Moss and Slavik voting, "Aye"; Martin voting, "No"; Guerrero
absent.
26. RESOLUTION NO. 021228
OPPOSING H.R. 152 WHICH LIMITS THE MARKET FOR TAX EXEMPT
BONDS BY DECREASING THE AMOUNT OF TAX EXEMPT INCOME
ALLOWED INDIVIDUAL AND CORPORATE INVESTORS.
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, McComb, Moss and Slavik voting, "Aye'; Martin voting, "No"; Guerrero
absent.
Mr. J. E. O'Brien, 4130 Pompano, expressed support of Item 26, resolution opposing
H.R. 1552, which limits the market for tax exempt bonds by decreasing the amount of tax
exempt income allowed individual and corporate investors, stating that it is his
understanding that there is a provision in the bill that would allow individual taxpayers who
have itemized to deduct water and sewer charges from their taxable income.
On Items 27 thru 31, City Attorney Bray summarized five ordinances recommended
by the Police Chief as a result of the Task Force on Youth Crime.
Responding to a question from Mayor Pro Tem McNichols on Item 31, increasing
maximum fines for violations of City ordinances generally from $200 to $500, City Attorney
Bray stated that the ordinance provides a stronger deterrent then presently exists with the
$200 fine. He stated that it would be up to the judge in the particular case to decide the
fine and repeat offenses would be grounds for a larger fine.
Council Member McComb raised questions on Item 27, prohibiting an owner,
operator or employee of a business establishment from knowingly allowing a minor on the
establishment premises in violation of curfew, and Mr. Bray stated that this ordinance is
aimed at for-profit establishments; and it is also limited within their building; and does not
include their parking lot. Mr. Bray stated that one of the exceptions to the curfew
ordinance is that if the minor is present with parental consent at some sort of a meeting or
activity that is supervised by adults and sponsored by a school, church or civic organization,
that is not a violation of the curfew ordinance.
City Secretary Chapa polled the Council for their votes and the following ordinances
passed on first reading:
27. FIRST READING
PROHIBITING AN OWNER, OPERATOR OR EMPLOYEE OF A BUSINESS
ESTABLISHMENT FROM KNOWINGLY ALLOWING A MINOR ON THE
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Regular Council Meeting
August 27, 1991
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ESTABLISHMENT PREMISES IN VIOLATION OF CURFEW; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
28. FIRST READING
PROHIBITING PRESENCE IN PARKING LOTS AT CERTAIN TIMES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
29. FIRST READING
PROHIBITING DRIVING THROUGH PARKING LOTS AT CERTAIN TIMES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
30. FIRST READING
PROHIBITING DRIVING A MOTOR VEHICLE A THIRD TIME PAST A
TRAFFIC CONTROL POINT UNDER CERTAIN CIRCUMSTANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
31. FIRST READING
INCREASING FINES FOR CITY ORDINANCE VIOLATIONS TO A MAXIMUM
OF FIVE HUNDRED DOLLARS; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye";
Guerrero absent.
Council Member Martin inquired if the City has a parental responsibility ordinance,
and City Attorney Bray stated that there is not an ordinance but there is a provision of the
Minutes
Regular Council Meeting
August 27, 1991
Page 15
family code that applies some responsibility. Mr. Bray stated that staff will inquire into the
possibility of a parental responsibility ordinance.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on changing the name of Road "H"
extension, which was recently annexed to the City, to Safety Steel Drive.
Mr. Robert Cooper, 6409 Coral Gables, Plant Manager of Safety Steel Service, Inc.,
provided background information and discussed the purpose of the request.
Mayor Pro Tem McNichols noted that the City has established a policy regarding
name changes but this particular case falls under an extenuating circumstance. He stated
that Mr. Cooper has been trying over a long period of time to go through the process.
Mayor Rhodes stated this case is not any different from the other case which was
turned down by the Council, noting that she would support it if the road had to be extended.
She stated that the rule needs to be fair for everyone.
Council Member Longoria concurred with Mayor Rhodes.
Council Member McComb expressed support, stating that this case was presented to
the Council prior to the policy change and had there not been a problem in the annexation,
this would have been approved.
Council Member Slavik concurred with Mr. McComb.
Council Member Galindo moved to close the public hearing; seconded by Council
Member Longoria and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed on first reading:
32. FIRST READING
CHANGING THE NAME OF ROAD "H" EXTENSION, WHICH WAS
RECENTLY ANNEXED TO THE CITY, FOR THAT PORTION THAT
EXTENDS WESTERLY FROM THE NORTH -SOUTH EXTENSION OF ROAD
"H," TO SAFETY STEEL DRIVE.
The foregoing ordinance passed on first reading by the following vote: McNichols,
Martin, McComb, Moss and Slavik voting, "Aye'; Rhodes, Galindo, and Longoria
voting, "No"; Guerrero absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning application:
Minutes
Regular Council Meeting
August 27, 1991
Page 16
33. Case No. 791-2, Exxon Company, U.S.A.: A change of zoning from "B-1"
Neighborhood Business District to "B-4" General Business District on Lot 1, Block
A, Brentwood Village Community Center, located on the northeast corner of South
Alameda Street and Airline Road.
Mayor Rhodes stated that both the Planning Commission and staff recommend
approval of the application.
There was no opposition to the zoning request.
Council Member Galindo moved to close the public hearing; seconded by Council
Member Slavik and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
passed:
ORDINANCE NO. 021229
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EXXON
COMPANY, U.S.A., BY CHANGING THE ZONING MAP IN REFERENCE TO
LOT 1, BLOCK A, BRENTWOOD VILLAGE COMMUNITY CENTER FROM
"B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and
Slavik voting, "Aye"; Guerrero absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on amending the following zoning
ordinances:
34. Amendments to the Zoning Ordinance, Article 26, Nonconforming Uses by repealing
Sections 26-1, 26-8, and 26-9, Article 27, Supplementary Height, Area and Bulk
Requirements by amending Section 27-3.04.06; Article 30, Changes and Amendments.
Mayor Rhodes stated that both the Planning Commission and staff recommended
approval of the amendments.
No one opposed the zoning amendments.
Council Member McComb moved to close the public hearing; seconded by Council
Member Martin and passed unanimously by those present and voting.
Mayor Pro Tem McNichols asked for clarification under I, 2, Section 26-8, and
Planning Director Harvey provided background information and stated that the zoning
Minutes
Regular Council Meeting
August 27, 1991
Page 17
ordinance has a section that deals with nonconforming uses and that section, unless it is
exempted, affects all nonconforming uses in the manner in that they are allowed to remain
as they currently exist or at the time they become nonconforming. He stated that the
prohibitions on those legally nonconforming uses are that they cannot expand and if they
are destroyed more than fifty percent of their value, they cannot be replaced. What is
happening here is that an exemption was granted regarding single-family homes and mobile
homes that became nonconforming due to a result of a comprehensive rezoning. He stated
that at the time that exemption was granted, Flour Bluff was going through some massive
rezoning and at that time, for whatever reason, the wording was adopted that throughout
the City and forever more, all single-family homes and all mobile homes will remain as if
they are conforming uses even if they become nonconforming by future actions of Council.
He stated that what is being proposed today is that exemption be removed and that those
single-family homes and those mobile homes be treated as all other nonconforming uses,
that they not be granted the special privilege that they are now enjoying.
Mayor Pro Tem McNichols and Council Member McComb expressed concern about
the citizens in Flour Bluff.
Council Member Martin referred to Section 30-1.01 and suggested that it read as
follows: "The City Council, Planning Commission, or City Manager or his designed may
initiate amendments to this ordinance and make requests for a change in a zoning district
classification or boundary. He suggested that Section 30-1.02 (c) be changed and following
a brief discussion, it was recommended that the section read as follows: "ownership shall be
determined by the most current tax files on record with the City of Corpus Christi or other
reliable evidence presented by the applicant."
Mr. Harvey responded to specific questions raised by the Council and a broad
discussion ensued on the amendments concerning the mobile homes on single-family lots.
Because of the concerns expressed by the Council, Council Member Martin suggested
that this item be tabled and that staff present the Council with facts relative to how the
amendments would affect certain specific situations.
Mayor Rhodes moved to table the first reading of the three ordinances listed under
Item 24 for two weeks with a presentation being given by staff at next week's Council
Meeting. The motion was seconded by Council Member Moss.
Council Member Slavik asked for a detailed copy of the Planning Commission's
comments when this item was discussed.
The motion passed unanimously; McNichols absent at the time the vote was taken;
Guerrero absent.
TABLED
AMENDING THE ZONING ORDINANCE, ARTICLE 26, NONCONFORMING
USES, BY REPEALING SECTIONS 26-1, 26-8, AND 26-9.
Minutes
Regular Council Meeting
August 27, 1991
Page 18
TABLED
AMENDING THE ZONING ORDINANCE, ARTICLE 27, SUPPLEMENTARY
HEIGHT. AREA, AND BULK REQUIREMENTS, BY AMENDING SECTION
27-3.04.06.
TABLED
AMENDING THE ZONING ORDINANCE, ARTICLE 30, BY AMENDING
CHANGES AND AMENDMENTS.
Mayor's update - Mayor Rhodes requested staff to set up a meeting with the various
school board representatives.
Mayor Rhodes asked for a volunteer to attend a Mayors Commission Meeting on
"AIDS" at the Water Street Restaurant on August 28. There was no response and she
requested staff send a representative.
Mayor Rhodes stated that there is an organization of young people who voluntarily
clean up junk, noting that they received a bill when they dropped off tires at the landfill.
She stated that there should be an exception for individuals who are willing to clean things
up. She presented the information to the City Manager.
Mayor Rhodes called for Council concerns and liaison reports.
Council Member Martin suggested that if an item is requested by a Council Member
on something that is not relevant to the rest of the Council, that they not be given the
information. He suggested that something of this nature should be put on a Council
Request Form.
Council Member Slavik noted that two months ago she requested a report on the
policies regarding staff car use and the number of cars including car allowance information.
She indicated that she has not yet received the report and requested staff to send it to her
as soon as possible.
Mayor Rhodes called for petitions from the audience on matters not scheduled on
the agenda.
Mr. Ronald A. Hudson, 3556 Austin, spoke on the subjects of separation of religion
and state, the groundbreaking for the Parkdale Branch Library, and a proposed ordinance
regarding religion.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 5:11 p.m. on August 27, 1991.
a a s s s s•+ a r a e
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 27, 1991, which
were approved by the City Council on September 3, 1991.
WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991.
Armando Chapa
City Secretary