HomeMy WebLinkAboutMinutes City Council - 10/22/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 22, 1991
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Leo Guerrero
Council Members:
Cezar Galindo
Betty Jean Longoria
Edward Martin
Joe McComb
Dr. David McNichols
Clif Moss
Absent
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 Pastor Mateo Rendon of Primera Baptist Church
following which the Pledge of Allegiance to the Flag of the United States was led by Council
Member Longoria.
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 October 15, 1991, and there being no corrections, she proclaimed them approved as
presented.
Malcolm Matthews, Director of Park and Recreation, led a presentation regarding
public art for three projects for Pebble and Winrock Parks and the Greenwood Library.
Ms. Barbara McDowell, representing the Municipal Arts Commission, gave a slide
presentation, describing the art work selected for the Pebble and Winrock Parks,
Greenwood Library, and for the RTA project at the Six Points bus stop.
MICROFILMED
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Regular Council Meeting
October 22, 1991
Page 2
A brief question and answer period ensued concerning the art work, and Council
Member Galindo raised questions concerning the Public Art Ordinance, and the City
Manager stated that he will provide a report outlining the technical details in regard to the
allocation process in the ordinance.
Council Member McComb moved to approve Item 1; seconded by Council Member
McComb and passed unanimously by those present and voting; Guerrero absent at the time
the vote was taken; Slavik absent.
1. M91-282
Motion authorizing agreements for fabrication and installation of art work by Judy
Kracke at Pebble and Winrock Parks and Greg Reuter for the Greenwood Library.
* * * * * * * * * * * * *
Dr. Glen Kost, a member of the Sister City Committee, provided background
information and stated that the committee recommends that the City of Rostock, Germany
be authorized to become a Sister City of Corpus Christi.
Council Member McNichols inquired about the cost to the City, and Dr. Kost stated
that at this point the request is for $1,000 additional funding to cover exchange activities.
He stated that at this time the full extent of the interest of Rostock in this relationship has
not been determined.
City Secretary Chapa polled the Council for their votes and the following resolution
passed:
3. RESOLUTION NO. 021268
INVITING THE CITY OF ROSTOCK, GERMANY TO BECOME A SIS!'ER
CITY OF THE CITY OF CORPUS CHRISTI, TEXAS AND CONVEYING THE
WARMEST REGARDS AND DEEPEST FRATERNAL SENTIMENT OF THE
PEOPLE OF CORPUS CHRISTI TO THE PEOPLE OF ROSTOCK.
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
Council Member McComb inquired about the status of the International Sister City
Convention, and Dr. Kost replied that the committee has not been notified if the City is in
a competitive position but that it is still a viable option.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 4 thru 8, noting that Item 6 has been
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Regular Council Meeting
October 22, 1991
Page 3
withdrawn. City Secretary Chapa advised that Item 5 requires the casting of lots, and
Council Member Moss requested that Item 8 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
4. M91-283
Motion approving a supply agreement for custodial service at City Hall and three
buildings at the Service Center in accordance with Bid Invitation No. BI -0311-91 with
Schooley Enterprises Inc., Corpus Christi, Texas based on low bid for an estimated
annual expenditure of $75,198. The term of the contract shall be for twelve months
with an option to extend for up to an additional twelve month period, subject to the
approval of the supplier and the City Manager or his designee. The contract will be
administered by Building Maintenance and funds have been budgeted for FY 91-92
by the using departments.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye'; Guerrero absent at the time the
vote was taken; Slavik absent.
6. Withdrawn
races and related activities in Cole Park.
7. M91-285
Motion authorizing the City Manager or his designee to enter into a five year license
agreement with the Southside Youth Football League for the purpose of making
capital improvements using Youth Sports Assistance Funds.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
* * * * * * * * * * * * *
On Item 5, approving supply agreements for tires and tubes, a casting of lots was
conducted on seven items of the bid to determine the primary and secondary supplier
between GCR Higgins, Inc. and A -Z Tire, and GCR Higgins, Inc. was selected as the
primary supplier.
City Manager Garza commented on the bid tabulations, stating that there was a tie
and state law requires that a casting of lots be conducted, and F. D. Glen, purchasing agent,
elaborated on the bids.
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Regular Council Meeting
October 22, 1991
Page 4
Responding to questions from Council Member Moss on Item 8, public health
contract, City Manager Garza stated that at some point the City -County Health Department
should be consolidated under one policy. He expressed concern in assuming sole
responsibility for it, stating that he wanted steadfast assurances that the City will have the
funding to run the Public Health Department. Mr. Moss raised questions on Attachment
3 of the contract summary regarding the W.I.C. Program, and City Manager Garza stated
that he will provide Mr. Moss with the statistics and comparison figures.
City Secretary Chapa polled the Council for their votes and the following motions
were passed:
5. M91-284
Motion approving supply agreements for tires and tubes with the following companies
for the following amounts in accordance with Bid Invitation No. BI -0304-91 based on
multiple progressive awards for a total estimated annual expenditure of $255,108.01.
The term of the agreements will 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. The supply agreements will be administered by
Maintenance Services and costs will be charged to the appropriate departments.
Recommendation A:
Saratoga Tire and Service, Inc.
Corpus Christi. Texas
$105,033.02
A -Z Tire
Corpus Christi, Texas
$ 56,789.62
Recommendation B:
GCR Higgins, Inc.
Corpus Christi Texas
$51,462.60
Stephen Karp, A.C.C.C.
Corpus Christi, Texas
GRAND TOTAL - $214,342.88
$ 1,057.64
GCR Higgins, Inc. was selected as the primary supplier and A -Z Tire as the
secondary supplier for tie bid items 1.13, 1.17, 3.1, 3.2, 3.5, 3.6, and 3.7. The
estimated annual total is $40,765.13.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
8. M91-286
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Regular Council Meeting
October 22, 1991
Page 5
Motion authorizing the City Manager or his designee to execute the annual contract
with the Texas Department of Health for continuation of funding of the City -County
Health Department from various state and federal funding sources in total estimated
amount of $247,588.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
Mayor Rhodes called for consideration of Item 9, regulation of commercial telephone
solicitations, and there were no comments on this item.
Council Member Longoria moved to approve Item 9; seconded by Council Member
Moss and passed unanimously by those present and voting; Guerrero absent at the time the
vote was taken; Slavik absent.
9. M91-287
Motion authorizing the Mayor to submit written comments to the Public Utilities
Commission regarding regulations of commercial telephone solicitations.
Mayor Rhodes called for consideration of Item 10, Rodd Field Road fire station site,
and Council Member McNichols questioned Item 12 of the contract summary, "acquisition
is under the threat of eminent domain proceedings," and Deputy City Manager Garza stated
that the City is required to do that on each contract, stating that the City is complying with
that clause so we are not liable for some past taxes.
Responding to a question from Council Member Martin, Deputy City Manager Garza
stated that Mr. George Moff, Nueces County Tax Appraisal District, requested that on
future City purchases, the clause be inserted because of the possibility that the City would
be liable for some past taxes when the rollback is done. Mr. Martin raised questions about
the in-house appraisal, and Mr. Garza stated that he will check into the matter.
In response to questions from Council Member Moss, Deputy City Manager Garza
stated that it is the recommendation of the Fire Chief to proceed with this project because
it is needed and he justified the price of the parcel of land.
Council Member Galindo asked about the difference between an in-house appraisal
versus a commercial appraisal, and the Deputy City Manager discussed the differences. Mr.
Galindo asked for a report on the status of the property.
Following more questions, Carl Crull, Engineering Services Director, discussed how
the appraisal value was determined.
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Regular Council Meeting
October 22, 1991
Page 6
City Secretary Chapa polled the Council for their votes and the following motion
passed:
10. M91-288
Motion authorizing acquisition of a parcel of land located on the east side of Rodd
Field Road between Holly and Wooldridge Roads for $81,280 in connection with the
Rodd Field Road Fire Station site.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
On Item 11, amendment to the code of ordinances, section 13-201, administration of
the plumbing code.
Victor Medina, Public Utilities Director, provided background information and
summarized events leading up to the recommendation for the proposed code amendment.
He stated that the ordinance will provide a means to reduce the amount of objectionable
and damaging material entering the wastewater collection system, and thus will help reduce
the possibility of service disruptions to all wastewater customers.
Mayor Rhodes and Council Member Martin complimented the staff on the way this
issue was handled.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed on first reading:
11. FIRST READING
AMENDING THE CODE OF ORDINANCES, SECTION 13-201,
ADMINISTRATION OF THE PLUMBING CODE, TO PROVIDE DESIGN AND
MAINTENANCE CRITERIA FOR GREASE, SAND AND OIL INTERCEPTORS.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero
absent at the time the vote was taken; Slavik absent.
Mr. Michael DeShields, President of the Coastal Bend Restaurant Association, made
comments about the proposed code amendment and expressed support of the ordinane.
Mayor Rhodes called for consideration of Items 12, 13 and 14 relative to the
enterprise zone.
Minutes
Regular Council Meeting
October 22, 1991
Page 7
City Attorney Bray clarified that the constitutional amendment to be voted on in the
November 5 election could potentially affect the City Enterprise Zone within the City limits
insofar as oil and gas products are concerned if the Council chooses to enter into an
agreement with a qualified business to give the business the exemption, stating that nothing
would happen automatically because the Council would have to approve it.
Mr. J. E. O'Brien, 4130 Pompano, expressed opposition to enlarging the boundaries
of the enterprise zone. He suggested annexing the industrial district and discussed the
potential of a pollution factor.
Mr. Robert Reyna, 1821 Rosalyn Street, spoke in opposition to the expansion of the
Corpus Christi Enterprise Zone.
A gentleman from Valero Refining Company spoke in support of the expansion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
12. ORDINANCE NO. 021265
AMENDING THE ORIGINAL BOUNDARIES OF THE CORPUS CHRISTI
ENTERPRISE ZONE AND AUTHORIZING THE FILING OF AN ENTERPRISE
ZONE EXPANSION APPLICATION WITH THE TEXAS DEPARTMENT OF
COMMERCE.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb and Moss voting, "Aye'; Guerrero
absent at the time the vote was taken; Slavik absent.
13. RESOLUTION NO. 021266
NOMINATING AND DESIGNATING VALERO REFINING COMPANY AS A
QUALIFIED BUSINESS AND ENTERPRISE PROJECT PURSUANT TO THE
TEXAS ENTERPRISE ZONE ACT ARTICLE 5190.7 V.T.C.S.
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time vote
was taken; Slavik absent.
14. RESOLUTION NO. 021267
NOMINATING AND DESIGNATING KOCH REFINING COMPANY, INC. AS
A QUALIFIED BUSINESS AND ENTERPRISE PROJECT PURSUANT TO THE
TEXAS ENTERPRISE ZONE ACT ARTICLE 5190.7 V.T.C.S.
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Regular Council Meeting
October 22, 1991
Page 8
The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
* * * * * * * * * * * * * *
Mayor Rhodes called for consideration of Item 15, and there were no comments.
City Secretary Chapa polled the Council for their votes and the following ordinance
passed on third reading:
15. ORDINANCE NO. 021269
AUTHORIZING THE EXECUTION OF A 10 YEAR LEASE AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI, TEXAS, AND CORPUS CHRISTI
AIRPORT DEVELOPMENT CORPORATION; APPROVING AND
AUTHORIING EXECUTION OF A 10 YEAR SUBLEASE BY CORPUS
CHRISTI AIRPORT DEVELOPMENT CORPORATION TO SEMTECH
CORPUS CHRISTI CORPORATION OF THE PROPERTY LEASE TO CORPUS
CHRISTI AIRPORT DEVELOPMENT CORPORATION; AUTHORIZING CITY
OF CORPUS CHRISTI TO EXECUTE A 20 YEAR LEASE WITH SEMTECH
CORPUS CHRISTI CORPORATION (ON THE SAME TERMS AND
CONDITIONS) UPON TERMINATION OF THE 10 YEAR LEASE AND
SUBLEASE ABOVE REFERENCED; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
McNichols, Galindo, Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero
absent at the time the vote was taken; Slavik absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the comprehensive housing affordability
strategy.
Kelly Elizondo, Housing and Community Development Senior Director, provided
background information regarding the National Affordable Housing Act and summarized
events concerning the development of the comprehensive housing affordability strategy. He
provided an overview of the purpose of the comprehensive housing affordability strategy and
the areas which it impacts.
Mr. Elizondo identified a number of issues that are central to housing in the
community and stated that adoption of the comprehensive housing affordability strategy is
required in order for the City to continue participating in existing HUD programs and must
be in place in order to pursue new initiatives that will be provided as a result of the
National Affordable Housing Act. He stated that the document should be considered a
living document, stating that it is important that the City incorporate new concepts and ideas
as a result of needs that are identified on an ongoing basis and it is extremely important that
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Regular Council Meeting
October 22, 1991
Page 9
we focus on the concept that we are identifying needs. He stated that it is evident that
there is a tremendous amount of need in our community.
He stated that the purpose of the public hearing is to allow the community an
additional opportunity to inform the Council of what they think the community's needs are
for affordable housing.
Mr. Foster Edwards, Executive Vice President of the BoardofRealtors, spoke in
support of this plan.
Council Member Galindo moved to close the public hearing; seconded by Council
Member Moss and passed unanimously by those present and voting; Guerrero absent at the
time the vote was taken; Slavik absent.
Mayor Rhodes opened the public hearing on the following zoning application:
17. Case No. 991-5, Linda Yarborough: A change of zoning from "B-4" General Business
District and "A-2" Apartment House District to "I-2" Light Industrial District on Lot
2B and the east 480 feet of Lot 1B, Block 4, Tract 3, J.C. Russell Farm Lots, located
along the west side of Flato Road, approximately 600 feet south of Bates Drive.
Mayor Rhodes stated that both the Planning Commission and staff recommend
approval of the recommendation.
Planning Director Harvey provided background information and presented a slide
presentation showing the existing land use, subject property, adjacent land use and adjacent
zoning.
Council Member Galindo expressed the opinion that flea market areas tend to
degrade the area. He stated that this will create a traffic problem and that he would
support a special permit.
Mr. Harvey stated that one of the reasons staff is not recommending a special permit
at this particular location is that much of the surrounding property is zoned "I-2" or medium
industrial which allows for outside storage. He stated that the Zoning Ordinance specifies
that a flea market is supposed to be in an "I-2" zoning district. He stated that the applicant
has indicated that more parking than is required by the zoning regulations will be provided.
Mr. Harvey responded to a series of questions dealing with parking and a fencing
requirement.
Council Member Martin noted that the applicant can put in any "1-2" use on the
property. He questioned why a special permit was not recommended, and Mr. Harvey
stated that the land use plan calls for it to be industrial and does not mention flea markets,
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Regular Council Meeting
October 22, 1991
Page 10
stating that in the zoning analysis, staff tried to address the problems that are commonly
found with flea markets.
Mr. Martin expressed concern about the parking and asked if more parking can be
required, and Mr. Harvey stated that the Council could initiate a text amendment to require
more parking.
Responding to a question from Council Member Galindo, Mr. Harvey stated that
they have the opportunity to provide sufficient parking on site, noting that if parking is a
problem on public streets, "No Parking" signs can be installed. He indicated that if the
Council does not feel that the zoning regulations are going to require enough parking, a
special permit can be considered to increase that parking.
Mr. Richard Shockey, representing the applicant, Linda Yarborough, stated that their
goal is to put in a first class flea market and the reason they are requesting "1-2" is because
of the parking. Ms. Yarbourgh showed a preliminary drawing of the property, and Mr.
Shockey responded to questions from the Council.
Council Member Martin asked if they would object to a special permit, and Mr.
Shockey stated that they would rather have the "I-2" zoning so they could use the property
for another use at a later time. He stated that he did not see any reason why the property
should not be zoned "I-2", stating that the property north and south of this property is zoned
"I-2."
Council Member Moss moved to close the public hearing; seconded by Council
Member McNichols and passed unanimously by those present and voting.
Council Member Galindo made a motion to direct staff to bring back a special
permit to allow the flea market. The motion was seconded by Council Member Martin and
passed by the following vote: Galindo, Longoria, Martin, and Moss voting, "Aye"; Rhodes,
McComb and McNichols voting, "No"; Guerrero absent at the time the vote was taken;
Slavik absent. (M91-291)
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LINDA
RUSSELL FARM LOTS FROM "B 1" GENERAL BUSINESS DISTRICT AND "A
Mayor Rhodes opened the public hearing on the following zoning application:
18. Case No. 991-4, Tee One Up, Inc.: A change of zoning from "B-4" General Business
District to "I-2" Light Industrial District on 1.47 acres out of the south corner of Lot
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Regular Council Meeting
October 22, 1991
Page 11
A, Block 2, Southbay Addition Annex, located on the north side of South Padre
Island Drive, approximately 280 feet east of Southbay Drive.
Mayor Rhodes stated that both the Planning Commission and staff recommend denial
of the "I-2" Light Industrial District, and in lieu thereof, recommend approval of a Special
Council Permit for an amusement park subject to five conditions.
Planning Director Harvey gave a slide presentation and described the subject
property, the existing land use and adjacent zoning. He stated that the Planning
Commission discussed this item and there was some concern about how this particular use
fits into the existing entertainment complex and how the noise might affect the adjacent
neighborhood. He stated that they felt that the subject site was far enough away from the
residential subdivision and if the go-carts were limited to a six horse power engine or less,
noise would be mitigated enough to not substantially impact the existing neighborhood. He
reviewed the reasons for recommending the special permit.
Mr. Jerry Wagner, a resident in the South Bay harbor area, expressed opposition to
the go-cart installation. He showed a map of the area depicting the people canvassed who
are against the go-cart facility.
Mr. Wallace Young, a resident in the area, expressed opposition and addressed the
nuisance and noise that would be generated by the go-carts.
Ms. Monique Warren, 1214 Harbor Village, spoke in opposition to the go-cart facility
and elaborated on the noise which would be generated.
Ms. Lielo McKane, 1302 South Bay, read a prepared statement and expressed
opposition to the go-carts because of the noise nuisance.
Mr. Thomas Gurley, speaking on behalf of Helen and Archie Gurley, 1322 South
Bay, expressed opposition to the go-cart race track because of traffic problems.
Mr. Arthur Olson, 1310 South Bay, spoke in opposition and talked about the
potential noise problem and environmental issues.
Mr. Mills Latham, speaking on behalf of the owners, discussed the purpose of the
request and the proposed plans. He stated that they have agreed to reduce the noise by
limiting the go-carts to six horsepower or less.
Mr. Jim VonBoeckman, 1002 Harbor Village Drive, expressed support of the go-cart
facility.
Mr. Dean Smith, New Braunfels go-cart track owner, expressed support of the facility
and stated that the noise level would not be that loud.
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Regular Council Meeting
October 22, 1991
Page 12
A motion was made by Council Member McNichols to close the public hearing;
seconded by Council Member McComb and passed unanimously by those present and
voting.
Following a brief question and answer period, Mayor Rhodes stated that she did not
think an "I-2" usage is appropriate adjacent to a residential area.
City Secretary Chapa polled the Council for their votes and the following ordinance
passed:
FAILED TO PASS
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF I'EE ONE
UP, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN
AMUSEMENT PARK SUBJECT TO FIVE (5) CONDITIONS ON 1.47 ACRES
OUT OF THE SOUTH CORNER OF LOT A, BLOCK 2, SOUTHBAY
ADDITION ANNEX; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance failed to pass by the
following vote: Galindo voting, "Aye"; Rhodes, McNichols, Longoria, Martin,
McComb and Moss voting, "No"; Guerrero absent at the time the vote was taken;
Slavik absent.
Mayor Rhodes called for the City Manager's report, and Deputy City Manager Garza
stated that there is no report.
Mayor Rhodes spoke about a mail advertisement for a shopping trip to San Antonio,
and City Manager Garza noted that it is not a City sponsored activity and he has asked that
it be discontinued.
Mayor Rhodes called for Council concerns and liaison reports.
Council Member Galindo presented a letter to the City Manager from Davis
Aerospace Company about a future business possibility for Corpus Christi.
Council Member McComb expressed concern about future traffic problems in the
Rodd Field Road/South Padre Island Drive area due to the construction of the hospital, and
City Manager Garza stated that he will refer this to traffic engineering.
Mr. McComb expressed concern about the downtown fire station, and City Manager
Garza reviewed the status of the situation.
Mr. McComb referred to the water issue and expressed concern about continuing to
drain the lake. He made a motion to instruct staff to stop water release, until a plan is
worked out. The motion was seconded by Council Member Moss.
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Regular Council Meeting
October 22, 1991
Page 13
Mayor Rhodes strongly urged the Council not to support the motion because of the
serious ramifications involved.
Discussion followed and City Manager Garza gave a brief water update and stated
that he will bring a full report next week.
The motion and second were withdrawn.
Council Member Longoria reported on events in District 1 concerning the clearing
done in Nueces River Park and a ground -breaking for homes for the disabled.
Council Member Moss commented on the possible traffic problem at Rodd Field
Road/South Padre Island Drive because of the new hospital. He expressed concern about
the downtown fire station. He referred to the maps provided the Council and asked if the
GIS system could print the maps, stating that it would provide better orientation and better
location of some of the items, and City Manager Garza stated that he will check into it.
Responding to a question from Council Member McNichols in regard to the water
issue, Deputy City Manager Garza stated that he will provide the Council with a letter from
Mark Jordon stipulating the objections. He stated that there were some procedural
problems involved and it was his understanding that the Commission did not want to
consider the issue until the plan is worked out.
Dr. McNichols asked about the deposition concerning the C.A.R.E. representative,
and Mr. Garza stated that the City was scheduled to depose the C.A.R.E. representative
today but were notified that they would not appear. He stated that it is his understanding
that C.A.R.E. is withdrawing as a party so they no longer will be a party to the proceedings.
City Attorney Bray referred to the deposition and stated that Tim Brown's office has
asked for sanctions against C.A.R.E. for not showing up at the deposition.
Council Member Martin expressed the opinion that Tim Brown should proceed with
sanctions against C.A.R.E. and if he decides not to, the Council should be informed. He
expressed concern that the City's letter to the Texas Water Commission regarding the
releases for October was a simple request to deal with something on a realistic basis and
they chose not to respond.
Mayor Rhodes asked that the City's attorney in the water rights issue be present at
next week's Council Meeting.
City Manager Garza referred to the scheduled closed session regarding acquisition
of property connected with the Corona Drive extension and stated that the memo was
explicit and suggested moving ahead unless the Council wishes to discuss it further.
City Secretary Chapa polled the Council for their votes and the following motions
passed:
Minutes
Regular Council Meeting
October 22, 1991
Page 14
19. M91-289
Motion authorizing the acquisition of Lot 7, Block 14, Gardendale No. 3, in the
amount of $56,000 in connection with the Corona Drive Extension Project.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
20. M91-290
Motion authorizing acquisition of Parcel 1, which is out of Lots 1, 4, 5, and 6, Block
14, Gardendale Addition No. 3, located at 5250 Everhart Road at the intersection
of Everhart Road and Williams Drive, for $163,352, in connection with the Corona
Drive Extension Project.
The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo,
Longoria, Martin, McComb and Moss voting, "Aye"; Guerrero absent at the time the
vote was taken; Slavik absent.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 4:40 p.m. on October 22, 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 October 22, 1991, which
were approved by the City Council on October 29, 1991.
WITNESSETH MY HAND AND SEAL, this the 31st day of October, 1991.
Armando Chapa
City Secretary