HomeMy WebLinkAboutMinutes City Council - 09/03/1991MINU 1ES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 3, 1991
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem David McNichols
Council Members:
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward Martin
Joe McComb
Clif Moss
Mary Pat Slavik
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 Commanding Officer Don Burlock of the Salvation
Army, following which the Pledge of Allegiance to the Flag of the United States was led by
Council Member Guerrero.
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 27, 1991, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes announced that the resolution concerning the flagpoles at the
Watergarden has been temporarily postponed until the formal ceremony has been
conducted.
1. POSTPONED
ACCEPTING THE NINETEEN 9190 FLAGPOLES WHICH HAVE BEEN ON
DISPLAY IN THE WATERGARDEN AREA THIS SUMMER FROM
MM wJLMED
Minutes
Regular Council Meeting
September 3, 1991
Page 2
WHATABURGER, INC. AND THE FOUNDATION FOR ARTS AND
SCIENCES.
* * s * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 2 thru 16, and Council Members requested
that Items 3, 4, 5 and 6 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
2. M91-244
Motion approving a supply agreement for approximately 7,275 ceramic road markers
in accordance with Bid Invitation No. BI -0251-91 with Renco Supply, Pflugerville,
Texas, based on the low bid of $22,937.50. 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. These items will be
used by Traffic Engineering and funds have been budgeted for FY 91-92.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye."
7. SECOND READING
AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING
COMMI FI EE, OF THE CITY CODE OF ORDINANCES TO INCREASE THE
NUMBER OF MEMBERS ON THE STEERING COMMITTEE OF THE SISTER
CITY COMMI FIFE FROM 15 TO 21; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
8. SECOND 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.
Minutes
Regular Council Meeting
September 3, 1991
Page 3
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
9. ORDINANCE NO. 021231
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 third reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
10. SECOND READING
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 passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
11. SECOND READING
PROHIBITING AN OWNER, OPERATOR OR EMPLOYEE OF A BUSINESS
ESTABLISHMENT FROM KNOWINGLY ALLOWING A MINOR ON THE
ESTABLISHMENT PREMISES IN VIOLATION OF CURFEW; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
12. SECOND READING
PROHIBITING PRESENCE IN PARKING LOTS AT CERTAIN TIMES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
Minutes
Regular Council Meeting
September 3, 1991
Page 4
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye"
13. SECOND READING
PROHIBITING DRIVING THROUGH PARKING LOTS AT CERTAIN TIMES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
14. SECOND 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 second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
15. SECOND READING
INCREASING FINES FOR CITY ORDINANCE VIOLATIONS TO A MAXIMUM
OF FIVE HUNDRED DOLLARS; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye?
16. SECOND 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 second reading by the following vote: Rhodes,
McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting,
"Aye."
Relative to Item 3, approving supply agreements for clay sewer pipe and related
fittings, Council Member Galindo commented on the small difference between the local bid
Minutes
Regular Council Meeting
September 3, 1991
Page 5
versus the out-of-town bid, and City Manager Garza stated that the Council endorsed
legislation which did not pass that would have allowed the City to give local preference
within a certain percentage. He stated that the City can exercise local preference if we can
place some economic value to entering into a contract with a local vendor, but in this case,
he stated we cannot assign any economic value to dealing with the local vendor.
Council Member Martin stated that under the new State law where contractors
purchase materials could now become a factor in a bid calculation in terms of whether the
City gets the one percent sales tax. He suggested that contractors be encouraged to buy
materials locally because that is an economic advantage to the contract.
On Item 4, approving supply agreements for herbicides and related products, Council
Member Slavik inquired if staff takes into consideration any environmental concerns before
choosing these particular herbicides, and Mayor Rhodes stated that the City is very
conscientious of where the herbicides are sprayed, and City Manager Garza stated that these
chemicals cannot be sold unless they comply with EPA regulations. He stated that the City
is careful in the areas in which the herbicides are applied so that the environment is not
affected.
Responding to questions from Council Member Moss on Item 5, approving a supply
agreement for uniform rental service, City Manager Garza stated that this service is required
for departments that have constant exposure to difficult stains. Jorge Garza, General
Services Director, elaborated on the number of uniforms and where they will be used.
Council Member Slavik expressed support of Item 6, resolution to apply for small
business administration grant, from the Small Business Administration National Tree
Planting Program on Public Lands.
City Secretary Chapa polled the Council for their votes and the following items were
passed:
3. M91-245
Motion approving supply agreements for 8,802 feet of clay sewer pipe and related
fittings ranging in size from 4" - 15" and 8,902 feet of PVC SDR 26 sewer pipe and
fittings ranging in size from 4" - 8" in accordance with Bid Invitation Nos. 13I-0104-91
and 13I-0105-91 with the following companies for the following amounts based on low
bid and low bid meeting specifications for a total estimated annual expenditure of
$59,535.92. The terms of the agreements shall be for twelve months with an option
to extend for up to an additional twelve months subject to the approval of the
supplier and the City Manager or his designee. These items will be stocked in the
Warehouse and used by the Wastewater Department. Funds have been budgeted for
FY 91-92 by the Wastewater Department.
Mission Clay Products
San Antonio. Texas
$36,322.70
Noland Co.
Corpus Christi Texas
$23,213.22
Minutes
Regular Council Meeting
September 3, 1991
Page 6
(clay sewer pipe & fittings) (PVC SDR 26 sewer pipe & fittings)
(Subject to price adjustment)
Grand Total: $59,535.92
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye."
4. M91-246
Motion approving supply agreements for herbicides and related products in
accordance with Bid Invitation No. BI -0228-91 with the following companies for the
following amounts based on low bid for an estimated annual expenditure of
$74,276.60. The terms of the agreements shall be for twelve months with an option
to extend for up to an additional twelve months subject to the approval of the
supplier and the City Manager or his designee. These items will be used by the
Street, Water and Park and Recreation Departments. Funds have been budgeted for
FY 91-92 by the using departments.
Wilbur-Ellis/Tide Division Van Waters and Rogers
Edinburg, Texas Corpus Christi. Texas
$41,201.60 $33,075
Grand Total: $74,276.60
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye."
5. M91-247
Motion approving a supply agreement for uniform rental service in accordance with
Bid Invitation No. BI -0283-91 with Texas Industrial Services, Corpus Christi, Texas,
based on low bid for an estimated expenditure of $26,228.80. The term of the
contract shall be twenty-four months with an option to extend for up to an additional
twelve months subject to the approval of the supplier and the City Manager or his
designee. This service is used primarily by Maintenance Services and funds have
been budgeted for FY 91-92.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye."
6. RESOLUTION NO. 021230
AUTHORIZING THE CITY TO APPLY FOR AN URBAN FORESTRY GRANT
SPONSORED BY THE SMALL BUSINESS ADMINISTRATION NATIONAL
TREE PLANTING PROGRAM ON PUBLIC LANDS.
Minutes
Regular Council Meeting
September 3, 1991
Page 7
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye:'
x s a+ s a s x r• r s s
Mayor Rhodes called for Council concerns and liaison reports.
Mayor Pro Tem McNichols commented about the deplorable condition at the
entrance to the City on Highway 37 and Shoreline. He noted that it is the State's
responsibility and asked if something could be done, and City Manager Garza stated that
he would meet with Mr. Nino Gutierrez, stating that he is aware of the problem.
Council Member Guerrero requested a comparative analysis of the income for the
Coliseum since Nolan Services took over, as compared to when Ogden Allied had the
contract.
The Council went into closed session pursuant to Article 6252-17, Section 2(e),
V.A.C.S., regarding City v. J. P. Stevens et al, No. 89-5217-D, 105th District Court.
r. x r r• r• x s<• r
Mayor Rhodes reconvened the Council Meeting and called for the discussion on the
water issues and the TAC Report.
City Manager Garza stated that he met with Dr. Michael Speed, Chairman of the
Mayor's Committee on water issues, and Mr. Tim Brown, the attorney representing the City
on water rights water rights, and they are prepared to moved forward with the specific
recommendations presented by Dr. Speed at last week's Council Meeting.
Council Member Martin stated that some of the recommendations are inconsistent
with the plan approved by the Council, and City Manager Garza stated that they have the
same concerns with the plan as developed by the TAC, but these are adding conditions to
the plan and not taking exceptions from any of its provisions. Mr. Martin inquired if the
City could specifically make a motion to include all of these items as part of our response.
Mr. Tim Brown, the attorney representing the City's water rights, stated that he
would not recommend that the City start enunciating their specific recommendations at this
point, stating that it would be better to approach this vaguely and let them determine where
the City is coming from, rather than announcing it to them.
Discussion ensued and Council Member Martin inquired if the City is proceeding
with its water conservation plan or that of the Texas Water Commission, and City Manager
Garza replied that at this point, we are operating under our plan.
Mayor Pro Tem McNichols stated that the Council accepted the report of the
Technical Advisory Committee as it was written, except for three additional stipulations and
those were rejected by the representative of the Texas Water Commission. He pointed out
Minutes
Regular Council Meeting
September 3, 1991
Page 8
that the City is only one party in this entire process, stating that we have to be very careful
what our position is because there are other parties who have their own positions that are
entering into the process. He inquired if the Council wanted to consider taking another
position, stating that he is not convinced that all the recommendations can be added as the
process evolves. He requested a schedule of events for the Texas Water Commission's
proceedings.
Mr. Brown stated that a meeting will be held tomorrow, the objective being to define
what the issues are before the hearing examiner. He stated that irrespective of whatever
issues are generated out of this process, our obligation is to put in that record whatever
evidence is necessary to maintain that the water rights of the City are being impaired and
to their nature and extent, so that whatever the conclusion is before the hearing examiner
or the TWC itself, there will be adequate factual material to support a legal position before
the courts of the impairment that the agency is making of the City's adjudicated water rights.
Responding to a question from Mayor Rhodes as to why the City should not inform
the Texas Water Commission that we are not going to release any water, Mr. Brown stated
that the City would be welshing on an agreement. Mayor Rhodes then recommended
proceeding forward in the manner that the attorney advised. Mr. Brown stated that there
are two ways of doing something, a lawful way and an unlawful way, and the process that
we are going thru is a lawful way to accomplish our ultimate objectives.
Dr. McNichols expressed concern that what the City has agreed to at this point are
releases, which he believes are incompatible with the welfare of the Coastal Bend in the
next twenty years.
Mayor Rhodes stated that she has advised the TWC about the Mayor's task force
working on this water issue and if there is additional data, the City reserves the right to
present new data.
Mr. Brown made statements clarifying questions from Council Member McComb
dealing with the wording in the permit for condition 5b and the role of the Technical
Advisory Committee. Mr. Brown stated that the TWC imposed the interim order in May
period of 1990 in response to the complaint filed by a group called C.A.R.E.
Council Member McComb stated that the releases are causing an artificial drought
and the public has a question as to why the City is lawfully standing by and draining the
lake. He stated that he is not advocating breaking the law but he certainly is not advocating
draining the lake.
Mr. Brown responded to a series of specific questions raised by the Council and
following more discussion, Council Member Moss expressed concern about the water
releases and the fact that the Council cannot speak directly to the TWC.
Mr. Brown stated that at the time the proposal goes before the Commission, the
Council would be entitled to address the full commission.
Minutes
Regular Council Meeting
September 3, 1991
Page 9
Council Member Guerrero questioned why the City does not bypass the TWC
hearing and go to court now, and Mr. Brown stated that there is a rule that requires any
litigant to exhaust their administrative remedies. Mr. Brown stated that we are expediting
the hearings by moving them forward as quickly as possible.
City Manager Garza presented the Council with a schedule of the hearings.
Mayor Rhodes inquired about TAC's decision for a reduced amount of water, and
Mr. Brown stated that the hearing examiner has tendered a report to the commission; it will
be considered as a consent matter on the 18th of September; and he would anticipate that
management will operate its releases in accordance with that newer schedule.
Mayor Pro Tem McNichols stated that we need to define our ultimate objectives in
the next few weeks. He stated that at thirty percent in the reservoirs, the releases are
suspended, but the adverse effect on the economy will be well under way at that point. He
asked about the equipment for the salinity testing, and it was the consensus of the Council
that this matter be presented next week as an emergency item.
Mayor Rhodes suggested that the City Manager's report contain an update on water
issues each week.
Council Member Martin stated that it is critical to note that the TWC knows that
those of us who acquiesced to a procedure feel no less strongly about the water issue. He
asked for a copy of the paragraph in the permit regarding releases. He stated that Mr.
Brown is the City's attorney and representing our interests. He pointed out that staff, our
attorneys, and Dr. Speed, as he represents the Mayors' water committee, are perhaps not
in concurrence as to how we may have proceeded, but are in concurrence as to how we
should proceed and to what our goals are.
Council Member Slavik concurred with the attorney's plan and suggested that the
scientific team be made an additional subcommittee of our water committee in a non -paid
voluntary capacity, and Dr. Speed stated that we do not have all the expertise needed and
he believes that it would be an undue burden to ask volunteers to undertake a project of
this magnitude. He stated that the team would review the work that has been done so far
and would give suggestions on the analyzing of the data that we will get from the salinity
monitors.
Mayor Pro Tem McNichols stressed the importance of the scientific team, and Mayor
Rhodes stated that we need to approach this with the idea that it is a serious problem and
it warrants a second opinion.
Mayor Rhodes declared a five-minute recess.
► s a s s***:***
Mayor Rhodes reconvened the Council Meeting and called for the discussion on the
zoning text amendments.
Minutes
Regular Council Meeting
September 3, 1991
Page 10
Planning Director Harvey presented background information; he summarized events
leading up the reasoning for the Flour Bluff exemption regarding nonconforming mobile
homes; and he discussed the Flour Bluff comprehensive plan. He presented the Council
with possible alternatives to the Planning Commission's recommended text changes.
Mr. Harvey stated that based on Council discussion, staff is attempting to find a way
to accommodate some of the nonconforming uses, particularly in the Flour Bluff area, that
the Council is willing to allow to remain while reducing the exemption as it applies to the
rest of the City.
Discussion ensued and Council Member Martin concurred with the language
presented regarding the ownership and initiation of zoning map changes.
Mayor Pro Tem McNichols expressed concern about item 4, concerning the
restoration time in regard to nonconforming mobile homes. The Council agreed to add
additional language in No. 4 regarding an extension.
Dr. McNichols stated that there is nothing that we would be enacting in this
ordinance that says that if a citizen is now in a mobile home which is his place of residence,
he would have to leave. Mr. Harvey stated that through an investigation, staff has
identified some uses which might be illegal.
Dr. McNichols stated that he is concerned for property owners who own mobile
homes that they would not be asked to leave the lot that they own, and Mr. Harvey stated
that they would not be asked to leave unless they were illegal even prior to these changes.
Mr. Harvey stated that mobile home owners who own the lots and the reason they are
nonconforming is because of a comprehensive change in their zoning, would be allowed to
remain.
Mayor Rhodes suggested that the suggested possible alternatives to the Planning
Commission's recommended text changes be placed on the agenda for first reading next
week.
Council Member Slavik stated that when the Council votes on this issue, they will not
be requesting people to take action.
Mayor Rhodes called for petitions from the audience on matters not scheduled on
the agenda.
Mr. E. R. Barker, 2838 18th Street, spoke of juvenile crime in the City. He
encouraged everyone to report burglaries and suggested that the public keep their doors
locked.
Mr. Ron Hudson, 3556 Austin, commented on the proposed ordinance in regard to
the endorsement of religion, stating that it has been ignored, and Mayor Rhodes stated that
the Council is in accordance with the manner in which the petition was handled.
Minutes
Regular Council Meeting
September 3, 1991
Page 11
Mr. Philip Rosenstein, 949 Bobalo, expressed opposition to remarks made at last
week's Council Meeting by a Council Member. He then spoke about freedom of speech.
Mr. J. E. O'Brien, 4130 Pompano, discussed figures regarding the Choke Canyon
debt. He stated that remarks made at last week's Council Meeting were out of line and in
his opinion, the Council Member owes a public apology to the individuals that he offended.
Mr. O'Brien invited the Council to an anti -tax rally which will be held at the courthouse on
Wednesday.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 4:20 p.m. on September 3, 1991.
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 September 3, 1991, which
were approved by the City Council on September 10, 1991.
WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991.
l' c,
"'t(4 ci (: L
Armando Chapa
City Secretary