HomeMy WebLinkAboutMinutes City Council - 10/29/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 29, 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
Mary Pat Slavik
City Manager Juan Garza
Ass't. City Attorney Ruben Perez
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Reverend Steve Dalton of Grace Baptist Church
following which the Pledge of Allegiance to the Flag of the United States was led by Council
Member Cezar 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 October 22, 1991, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes recognized Mr. Hal Kaminski who gave a presentation on behalf of
the American Bowling Congress on the 89th Annual ABC Tournament, February 8 - May
20, 1992. He described the plans for the construction of the bowling lanes to be located at
the Convention Center, explained the various events planned, and stated that it is
anticipated that the monetary impact on this community will be as much as $35 million.
MICROFILMED
Minutes
Regular Council Meeting
October 29, 1991
Page 2
Mayor Rhodes introduced several members of the AARP Chapter 3823 who were
present to present a $1,000 check to Senior Community Services to be used for support of
the Meals on Wheels program. Mayor Rhodes then read a commendation from the City
of Corpus Christi and presented it to Mr. Dick Anger to express appreciation of the
generous donation from this chapter of AARP.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 3 thru 10, and Council Members requested that
Items 3 through 7 be withheld for discussion.
City Secretary Chapa polled the Council for their votes on the remaining items, and
the following were passed:
8. SECOND 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 second reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
9. ORDINANCE NO.021272
AUTHORIZING THE CITY MANAGER TO EXECUTE A 1'EN-YEAR LEASE
AGREEMENT AMENDMENT WITH THE CORPUS CHRISTI AREA COUNCIL
FOR THE DEAF, INC. FOR THE FACILITY LOCATED AT 5151 MCARDLE.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McNichols, Moss and Slavik voting, "Aye";
McComb abstaining.
10. ORDINANCE NO. 021273
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH COASTAL
BEND RENT -A -CAR, INC. D/B/A AVIS RENT -A -CAR; MAR -JEAN TEXAS,
INC. D/B/A HERTZ CORPORATION; NATIONAL CAR RENTAL OF CORPUS
CHRISTI, INC.; DOLLAR SYSTEMS, INC. D/B/A DOLLAR RENT -A -CAR;
AND PAGAN LEWIS MOTORS, INC. D/B/A BUDGET RENT -A -CAR OF
CORPUS CHRISTI; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
Minutes
Regular Council Meeting
October 29, 1991
Page 3
Dr. McNichols referred to Item No. 3 pertaining to the exhibit of prehistoric sea
creatures sponsored by Dinamation International Corporation to be conducted at the
Museum of Science and History, and inquired if there is a profit from this venture if it
would not be appropriate to have the Museum use those funds for some future exhibits,
rather than have the funds channeled through the Friends of the Museum endowment.
City Manager Garza explained that the Friends have made every effort to obtain this
exhibit, and the community will benefit from the exhibit regardless of how the funds are
handled.
Rick Stryker, Director of the Museum explained how the event will be advertised
utilizing billboards and other methods of advertising.
Council Member Martin pointed out that the revenue from the Museum for the past
fiscal year was very low and expressed the opinion that all of the revenue from this exhibit
should go to the operation of the Museum.
City Manager Garza stated that staff is not recommending this because the Friends
of the Museum have been very successful in raising funds for the benefit of the Museum.
Discussion by the Council ensued, and Council Member Galindo agreed that the funding
should be examined because of the low revenue generated by the Museum last year.
Mayor Rhodes called for the vote on Item 3 and the following motion passed:
3. M91-291
Motion approving an agreement with Dinamation International Corporation for an
animated exhibit of prehistoric sea creatures at the Corpus Christi Museum of
Science and History from March 20 to July 5, 1992.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
Mayor Rhodes called for discussion of Item 4 which called for consent to
incorporation proceedings to establish a municipality of the area commonly referred to as
Ingleside on the Bay.
Council Member Galindo posed the question as to whether or not the area desiring
the incorporation needed to have a service plan, and City Manager Garza explained that this
is not this City's concern and informed the Council that the City of Ingleside has agreed to
this incorporation.
Minutes
Regular Council Meeting
October 29, 1991
Page 4
Assistant City Attorney Perez stated that the incorporated city could later be
dissolved if they cannot provide the required services and the area involved could then go
back into this City's extraterritorial jurisdiction.
Council Member Martin noted that the only reason the City of Corpus Christi had
this area in their ETJ was to protect the Bay and the City had previously been informed by
the Ingleside officials that a sewage problem exists in the area. He suggested that the staff
determine if there is a sewage problem in the subdivision on the Bay.
Assistant City Attorney Perez pointed out that the only concern this City should have
in the matter is whether or not growth from this City will be in that direction, and
apparently, that is not the case. He also informed the Council that the incorporation will
be subject to an election scheduled for November 5, 1991.
In response to Mayor Rhodes' question, approximately 20 people indicated that they
are in favor of the incorporation of the Bay subdivision.
Mr. Hal George, Attorney representing the citizens of the subdivision, informed the
Council that this incorporation has been recommended by the City's Planning staff, the
Planning Commission, and the City of Ingleside, and noted that it represents a settlement
of a lawsuit. Mr. George emphasized the fact that there is no documented evidence of
illegal discharge of sewage into the Bay.
Mr. Pat Nye, a resident of Corpus Christi, addressed the Council and stated that his
parents purchased a beach house in the area several years ago; they have always been
concerned about the environment; there is no information about sewage being dumped into
the Bay by the residents; and all of the property owners are ready to incorporate.
City Secretary Chapa polled the Council for their votes, and the following resolution
was passed:
RESOLUTION NO. 021270
CONSENTING TO THE INITIATION OF INCORPORATION PROCEEDINGS
AND THE INCORPORATION AS A MUNICIPALITY OF THE AREA
SPECIFICALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
COMMONLY REFERRED TO AS INGLESIDE ON THE BAY; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE CITY OF INGLESIDE - CITY OF CORPUS CHRISTI 1991 CESSION
AGREEMENT TO ALLOW FOR THE INCORPORATION OF INGLESIDE ON
THE BAY.
The foregoing resolution passed by the following vote: Rhodes, Galindo,
Longoria, Martin, McComb, McNichols and Slavik voting, "Aye"; Guerrero and Moss
voting, "No."
Minutes
Regular Council Meeting
October 29, 1991
Page 5
Mayor Rhodes called for a discussion of Item No. 5 which is an ordinance granting
a Special Council Permit for a flea market upon application by Linda Yarborough.
Mr. Ronald Rowell, Superintendent of West Oso Independent School. District, 5050
Rockford, expressed opposition to the proposed flea market directly across the street from
their high school, stating that he felt that such a facility would have the sale of alcohol in
close proximity to the school; vandalism may be increased; lack of adequate parking; and
the facility would be an attractive nuisance to the students at the high school.
Brandol Harvey, Director of Planning, assured the Council that if the special permit
is approved, signs prohibiting parking on Flato Road could be installed.
Mr. Richard Shockey, 59 Lake Shore Drive, representing the applicant, pointed out
that the flea market will be located one-half mile from Flato Road; the entire market will
be fenced; the operating hours will primarily be on Saturdays and Sundays; and high school
students could purchase alcoholic beverages at many other locations nearer the school.
City Secretary Chapa called for the vote on the ordinance, and the following was
passed:
5. ORDINANCE NO. 021271
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LINDA
YARBOROUGH BY GRANTING A SPECIAL COUNCIL PERMIT FOR A
FLEA MARKET SUBJECT TO THREE (3) CONDITIONS ON LOT 2B AND
THE EAST 480 FEET OF LOT 1B, BLOCK 4, TRACT 3, J. C. RUSSELL FARM
LOTS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik
voting, "Aye'; Guerrero voting, "No."
Reference was made to Item No. 6 regarding an amendment to the Code to allow
permittees of oil and gas wells to post certificates of deposit in lieu of required performance
bonds and to reduce the minimum liability insurance. Council Member Galindo expressed
concern that the City will be giving up some rights by amending the code in this fashion.
Council Member Slavik also objected to lowering the insurance and suggested that
the oil companies should post more certificates of deposit because of the dangers of a well
blowing out.
City Manager Garza explained that there are a number of expert members of the
committee recommending this, including James Conn.
Council Members McNichols and Martin expressed concern that it would be very
difficult for the City to collect on the CD's. Assistant City Attorney Perez stated that the
Minutes
Regular Council Meeting
October 29, 1991
Page 6
City does accept CD's that are made out to the City, and that is the only way that these
would be accepted.
Mr. Leon Perez, 904 Buford, expressed the opinion that the $1 million in insurance
is inadequate.
City Secretary Chapa polled the Council for their votes, and the following ordinance
passed on first reading:
6. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS
WELLS, BY AMENDING SECTIONS 35-3, 36-16, 35-34, 35-35, 35-60, 35-80, 35-
105, 35-107, 35-130, AND 35-133.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Longoria, Martin, McComb, and Moss voting, "Aye"; Galindo, McNichols
and Slavik voting, "No."
Council Member Slavik inquired as to why Item No. 7 was withdrawn the preceding
week, and City Manager Garza replied that the necessary action was a three -reading
ordinance rather than a motion.
City Secretary Chapa polled the Council for their votes, and the following ordinance
passed on first reading:
7. FIRST READING
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR
AGREEMENT WITH THE U.S. OPEN COMMI F1'LE FOR THE PURPOSE OF
HOLDING A SERIES OF WINDSURFING RACES AND RELATED
ACTIVITIES IN COLE PARK, DURING MAY OF 1993, 1994, 1995, 1996, AND
1997; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
Mayor Rhodes called for consideration of authorizing the removal of approximately
257 parking meters in the downtown area, and installation of two-hour time limit signs to
replace the meters.
Bill Hennings, Director of Development Services, explained the history of the parking
meters, stating that the plan to have certain meters "hooded" has been in effect for three
and one-half years and was initiated at the request of the Heart of Corpus Christi in order
to enhance the downtown businesses.
Minutes
Regular Council Meeting
October 29, 1991
Page 7
Discussion ensued among the Council Members who expressed concern as to how the
success of the project could be measured and the feeling that employees will use the parking
spaces all day. Council Member McComb suggested that this item be delayed until some
method of identifying downtown employees could be devised. Council Member Martin
stated that the enforcement of the parking meter usage is very diligent and questioned
whether or not the two-hour limitation could be enforced. He suggested that the City make
the two-hour parking limitation advisory in nature and encourage the downtown merchants
to deal with their own employees who might park on the street.
A motion was made by Council Member Moss that staff be directed to place on a
future agenda the appropriate ordinance on this subject; seconded by Council Member
Longoria; and passed by the following vote: Rhodes, Longoria, Martin, McComb,
McNichols, and Moss voting "Aye"; Galindo and Slavik voting "No"; Guerrero absent at the
time the vote was taken.
Mayor Rhodes announced the consideration of a resolution approving the Heart of
Corpus Christi's "VISION" document for the downtown design plan.
Mr. Kevin Walker, President of the Heart of Corpus Christi, briefly described the
plan for the downtown area to implement the previously adopted South Central Area
Development Plan. He stated that the document was devised by the Heart of Corpus Christi
with the assistance of the City and the Regional Transportation Authority. Mr. Walker
informed the Council that they plan to present the plan to the Texas Water Commission
within two weeks for implementation of the Management District.
City Secretary Chapa polled the Council for their votes, and the following resolution
passed:
13. RESOLUTION NO. 021274
APPROVING OF "VISION" AS THE URBAN DESIGN PLAN FOR THE
TARGET AREA IDENTIFIED BY THE SOUTH CENTRAL AREA
DEVELOPMENT PLAN OF THE CITY OF CORPUS CHRISTI.
The foregoing resolution passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
Mayor Rhodes declared a five-minute recess at 3:46 p.m.
Mayor Rhodes reconvened the Regular Council Meeting and announced the
presentation of the FY 1991-96 Capital Improvement Program and the proposed $11.55
million bond sale.
Grace McNett, Capital Improvement Officer, gave the presentation of the proposed
bond sale to be conducted during Fiscal Year 1991-92. With the assistance of Carl Crull,
Minutes
Regular Council Meeting
October 29, 1991
Page 8
Director of Engineering Services, she described the projects proposed for inclusion in the
bond sale. (A copy of the summary of the proposed bond sale is attached as Exhibit A.)
During the presentation, several Council Members posed questions on some of the
projects.
Council Member Martin questioned the McKinzie Road street improvements, and
Ms. McNett explained that the money proposed is for drainage improvements only.
During the discussion of the traffic signal improvements, Council Member Martin
questioned the need for a traffic signal at the intersection of Saratoga and Hunt, and Mr.
Crull stated that the traffic count of that intersection indicated the need. Council Member
McComb questioned the recommendation and requested a copy of the traffic count of the
Saratoga/Hunt intersection. Council Member Martin stated that he would like to have
information on the traffic at Saratoga/Shea Parkway.
Ms. McNett stated that staff did not expect the Council to approve the projects as
shown on the list and there may be some changes before the City approaches the bond
counsel on the sale.
Council Member Moss pointed out that the estimated costs of many of the projects
were prepared in 1986, and normal inflation would, of course, increase the estimated costs
of most of the projects.
In response to a question in regard to the Botanical Gardens which was mentioned
in the Oso Creek Development project, Director of Parks and Recreation Malcolm
Matthews informed the Council that a full report of the Gardens would be provided the
Council within a few weeks.
Council Member McNichols stated that before he approves all of the program, he
would like to have more complete information on the Oso Creek Development plans.
Council Member Martin and Mayor Rhodes noted that most of the Council Members had
previously received copies of the plans and suggested that the new Council Members be
provided with the plans.
Council Member Martin referred to the proposed land acquisition for future public
safety facilities at Bear Lane and Padre Island Drive and questioned whether or not there
is still a need for such a facility at this location since the anticipated growth has not
occurred in that area. He suggested that this site for a safety facility be studied further
before funds are expended.
Deputy City Manager Jesus Garza agreed that the Council might wish to use this
$400,000 for some other purpose. Director Crull explained that the fire study identified this
area as the possible location for a maintenance and training facility; therefore, the proposed
fire station is larger than other fire facilities.
City Manager Garza stated that he will accept Mr. Martin's suggestion.
Minutes
Regular Council Meeting
October 29, 1991
Page 9
Council Member Moss pointed out the need for the acquisition of land for another
branch library, and Deputy City Manager Garza stated that the funds under discussion
cannot be used for any purpose other than for public safety.
Ms. McNett then explained the need for marina pier replacement and stated that it
is proposed to fund the improvements with Certificates of Obligation supported by Marina
revenues and $100,000 in 1986 bonds. She stated that the total project scope is anticipated
to require $2.1 million.
Council Member Moss asked for a report within two weeks as to when staff feels the
various projects will be completed.
Dr. McNichols referred to the tremendous amount of traffic at the end of Ocean as
it extends to Ennis Joslin and continuing to South Padre Island Drive. Director of
Engineering Services Crull explained that improvement to Ennis Joslin was considered to
be included in the State Department of Highways and Public Transportation's PASS
program but was not funded because the decision was made that these improvements could
wait until the expansion of CCSU to a four-year university becomes a reality.
In response to a question from Council Member Longoria in regard to funding for
existing parks, Ms. McNett concurred that the bond funds for the parks are in addition to
the CDBG funds allocated for certain parks.
Mayor Rhodes called for comments from the audience.
Mr. Ron Hudson, 3556 Austin, referred to the 30 projects proposed for the bond sale
in the total amount of $11,550,000 and expressed the hope that at some time in the future
funding will be available for a parking lot for Parkdale Library.
Mayor Rhodes called for the City Manager's Report, and City Manager Garza called
the Council's attention to the garbage truck that had been parked at the entrance to City
Hall, explaining that it had been completely refurbished at a cost of $16,000 as compared
to the cost of a new vehicle in the amount of $70,000.
Mayor Rhodes stated that she felt that there is a need to appoint a Charter Revision
Committee and designated Council Member Betty Jean Longoria as Chairman. She
requested that each Council Member submit the name of an appointee to serve on the
Committee and indicated that the Legal Department and the City Secretary will provide
staff liaison for the committee.
Mayor Rhodes then referred to the vacancy for a municipal court judge and asked
City Secretary Chapa to discuss with Judge Rudy Tamez the procedures to be followed for
filling the position and proceed with the recruitment.
Minutes
Regular Council Meeting
October 29, 1991
Page 10
Council Member Martin suggested that this matter be delayed for at least 10 days
to see whether or not there is really a need for an additional municipal court judge.
Mayor Rhodes requested staff to provide an update on the lawsuit on the single -
member districts.
Council Member Moss inquired about the status of recycling of tires, and City
Manager Garza stated that it is his understanding that there is no market for rubber, but
Tom Utter, Director of Public Works, is investigating the possibility of cutting up old tires
for other uses. Director Utter confirmed that there is no market for tires, but he is looking
at the possibility of cutting up the tires to be used for a temporary surface at the dump.
Council Member Galindo inquired about the status of the ordinance addressing low-
water volume usage for toilets, and City Manager Garza stated that he will provide an
answer later.
**************
Mayor Rhodes announced a presentation by Dr. Michael Speed on the water issue.
Dr. Speed stated that the fresh water releases into estuaries is a very sensitive issue
and assured the Council that he has no conflict of interest in connection with the fresh water
releases from Choke Canyon Dam and Lake Corpus Christi. He continued by stating that
he has spent a great deal of time attempting to help in this issue and then described the
ideal release plan. Dr. Speed presented various possibilities and pointed out that the
possibility of shutting off the releases would lead the City to the courthouse, but going
through the hearing process might also have the same consequences.
Dr. Speed expressed the opinion that the other plan would be to concur with the
proposed plan and the upcoming compromise plan and work with the Texas Water
Commission. He stated that he has the following four recommendations: (1) sign the
proposed plan with the realization that it has shortcomings; (2) appoint a policy committee
to discuss the policy on fresh water releases; (3) the City needs to fund a special task force
to devise a good release plan; and (4) aggressively research all legal options.
Council Member McComb noted that Dr. Speed, the Nueces River Authority, and
the South Texas Water System have all recommended that the City not stop the fresh water
releases. He expressed concern that the Council was not made aware of the progress of the
negotiations.
Discussion followed and it was the consensus of the Council that nothing would be
done about stopping the water releases for one more week.
Mayor Rhodes announced a closed meeting pursuant to Article 6252-17, Section 2(e),
V.A.C.S., regarding construction of fire station at Belden and North Mesquite.
* * * * * * * * * * * *
Minutes
Regular Council Meeting
October 29, 1991
Page 11
Mayor Rhodes reconvened the Regular Meeting at 5:45 p.m. and called for petitions
or information from the audience on matters not scheduled on the agenda.
Mr. John Cram, 514 Belden, project manager for CMC Associates, Inc., stated that
his company has the contract for the fire station at Belden and North Mesquite and objected
to the fact that the construction was suspended, stating that they are within two weeks of
completing the slab foundation.
Also speaking in opposition to the work stoppage was Mr. Martin Garza, also an
employee of CMC.
City Manager Garza described the events that had occurred in connection with this
project and stated that the bonding company was notified.
Mr. Ron Hudson addressed the Council in regard to the Religious Access Users
Group and the fact that the City Secretary has no record of items that should be filed in
that office. He also questioned the telecast by a church from outside the City.
Mayor Rhodes stated that answers will be provided Mr. Hudson as soon as possible.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 5:56 p.m. on October 29, 1991.
* * * * * * * * * * * * *
1986 BOND PROGRAM
SUMMARY OF FY 1991-92 BOND SALE
AIRPORT
Taxiway System Rehabilitation for Runway 17-35
West Apron Improvements
Airfield Drainage Improvements
DRAINAGE
35,000
75,000
75,000
Airport Subtotal: 185,000
McKinzie/Leopard Area Drainage Improvements
Downtown Stormwater Pump Station "B" Repairs
Minor Storm Drainage Improvements
PARK AND RECREATION
370,000
120,000
400,000
Drainage Subtotal: 890,000
Renovation of Existing Parkland
Development of Unimproved Parkland
Renovation of Existing Recreation Facilities
Oso Fishing Bridge
Broadway Bluff Renovation
Oso Creek Development
Nueces River Park
Recreation Center
Seawall/T-Head Improvements
PUBLIC FACILITIES
100,000
535,000
285,000
150,000
20,000
500,000
50,000
850,000
100,000
Park and Recreation Subtotal: 2,590,000
Library Books (1987) 250,000
PUBLIC HEALTH AND SAFETY
Fire Station at Rodd Field and Holly
Land Acq.: Future Public Safety Facilities
Engineering Services Facility
STREETS
635,000
400,000
430,000
Public Health and Safety Subtotal: 1,465,000
McArdle Road - Carroll Lane to Everhart
Del Mar Area Neighborhood Streets
Greenwood Drive - SPID to Saratoga
Traffic Signal Improvements
Street Overlay: Everhart - Holly to Saratoga
Wynn Seale School Area (City Share CDBG)
Nile Drive - Pharaoh to Ennis Joslin
SPID/Ayers Area Neighborhood Streets
Pedestrian Bridges/School Sidewalks
Annaville Area No. 3 Neighborhood Streets
City Share of Street Construction
in New Subdivisions
1,260,000
1,875,000
260,000
355,000
400,000
80,000
40,000
660,000
50,000
1,040,000
150,000
Streets Subtotal: 6,170,000
TOTAL FY 1991-92 BOND SALE: 11,550,000
Ex/71/Bir /9
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 29, 1991, which
were approved by the City Council on November 5, 1991.
WITNESSETH MY HAND AND SEAL, this the 5th day of November, 1991.
Armando Chapa
City Secretary
I