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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