HomeMy WebLinkAboutMinutes City Council - 11/05/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 5, 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
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 Council Member Galindo following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member McComb.
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 29, 1991, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes recognized Mr. Guillermo Gonzalez, Assistant Principal of Carroll
High School, who presented a check in the amount of $1,092 for the proposed Teen Center.
Mr. Gonzalez advised the Council that the money was raised by a fundraiser held by the
Carroll students and staff.
Council Member Moss read a statement, reporting on the purpose and activities of
the Operations Analysis Committee, and City Manager Garza summarized a Management
Report regarding the Operations Analysis. He reviewed a prioritization of findings; he
spoke about positions which were eliminated from the City's budget; and he reviewed goals
and priorities.
idEROBLMED
Minutes
Regular Council Meeting
November 5, 1991
Page 2
Council Member Moss stated that the committee will continue to monitor and report
further implementation of the Administrative Analysis.
Mayor Rhodes recessed the Regular Council Meeting to conduct the meeting of the
Corpus Christi Housing Improvement Corporation.
* * * * * * * * * * * * *
* Mayor Pro Tem Guerrero arrived at the meeting.
Mayor Rhodes reconvened the meeting and referred to the Board and Committee
appointments and the following appointments were made by the Council: (M91-292)
Citizens Advisory Health Board
Judy Baker
Landmark Commission
Edwin Goodman - reappointed
Cynthia Hill - reappointed
Leslie Mabrey - reappointed
A. Pleasant - reappointed
Donald Victory
Carolyn Tinker - effective 12-91
Human Relations Commission
Sandra Green
Library Board
Hidegardo Flores - reappointed
Loretta Shaw - reappointed
Dorothy McCoy - reappointed
Elizabeth Kirkland
Daryl Tanner
Deirdre Norton (advisory)
Lilias Hammerick (advisory)
Senior Community Services Advisory Committee
Ramiro Hoyos
*********
*
*
*
*
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 thru 16, and City Manager Garza advised
that Items 11, 12, and 13, have been withdrawn, and Council Members requested that Items
9, 14, and 16 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
1. M91-293
Motion approving a supply agreement for sludge dewatering polymers in accordance
with Bid Invitation No. BI -0242-91 with Allied Colloids, Suffolk, VA, based on the
Minutes
Regular Council Meeting
November 5, 1991
Page 3
low bid of $125,000. The term of the contract will be twelve months with option to
extend for up to an additional twelve months subject to the approval of the supplier
and the City Manager or his designee. This chemical will be used for treatment of
wastewater by the Wastewater Department. Funds have been budgeted for FY 91-
92.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye."
2. M91-294
Motion approving the purchase of twelve light bars with sirens and speakers in
accordance with Bid Invitation No. BI -0023-92 from Teeco Safety, Inc., Shreveport,
LA, for a total amount of $12,324, based on low bid. The sirens are budgeted in the
1991-92 Capital Outlay as replacement items.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye."
3. M91-295
Motion authorizing the City Manager or his designee to execute an agreement with
the HIV -AIDS Housing Center which provides $45,000 for the renovation of a facility
to be purchased by the Center.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye."
4. M91-296
Motion awarding a contract in the amount of $20,737.50 to Frank Dietz dba Perma
Grass Lawn Service to apply hydromulching on finished areas of the Westside Solid
Waste Landfill.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye."
5. M91-297
Motion awarding a contract in the amount of $414,257.50 to Garrett and Associates
to construct a new 16 -inch waterline in Alameda from Doddridge to Everhart.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye.'
Minutes
Regular Council Meeting
November 5, 1991
Page 4
6. M91-298
Motion to cancel the Regular Council Meeting of December 24, 1991.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye."
7. RESOLUTION NO. 021275
ENDORSING THE PROPOSED CHANGE OF NAME CORPUS CHRISTI
STATE UNIVERSITY TO TEXAS A & M UNIVERSITY AT CORPUS CHRISTI.
The foregoing resolution passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye."
8. ORDINANCE NO. 021276
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A LEASE AGREEMENT WITH ROYAL IN-FLII'E CATERING, INC. TO
OPERATE THE IN-FLITE CATERING CONCESSION AT CORPUS CHRISTI
INTERNATIONAL AIRPORT FOR TWELVE (12) MONTHS; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols Moss and
Slavik voting, "Aye.'
10. FIRST READING
AUTHORIZING THE CONVEYANCE OF A PARCEL OF LAND BY THE CITY
TO THE STATE OF TEXAS FOR THE CROSSTOWN EXPRESSWAY
EXTENSION PROJECT, SAID PARCEL LOCATED ON THE WEST SIDE OF
AYERS STREET JUST SOUTH OF STATE HIGHWAY 358 (SOUTH PADRE
ISLAND DRIVE).
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols Moss and Slavik voting,
"Aye."
11. WITHDRAWN
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, SECTION 53 257,
SCHEDULE VIII, PARKING METER ZONES ESTABLISHED BY
LONG TERM, TEN HOUR PARKING METER TO SHORT TERM TWO HOUR
Minutes
Regular Council Meeting
November 5, 1991
Page 5
12. WITHDRAWN
... _
-.. ..
SCHEDULE VIII, PARKING METER ZONES ESTABLISHED BY
13. WITHDRAWN
ASSESSMENTS; AND PROVIDING FOR PUBLICATION.
15. SECOND READING
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR
AGREEMENT WITH THE U.S. OPEN COMMITTEE 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 the second reading by the following vote:
Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols Moss and Slavik
voting, "Aye.'
Following the vote on Item 10, Council Member Slavik inquired why the City donates
parcels of land to the State, and Bill Hennings, Director of Development Services,
responded that the State has requested that the City donate the parcel, stating that it has
very little value.
* * * * * * * * * * * * *
Responding to questions from Council Members on Item 14, Oil and Gas Ordinance,
pertaining to the Certificates of Deposits and the law, Deputy City Manager Garza stated
that he would provide the answers to the questions before the next Council Meeting.
Council Member Slavik expressed concern regarding the requirement of lowering
public liability insurance limits from $2 million to $1 million for the capping of the wells and
she advised that she will vote "No" on this item.
On Item 16, Amendment to the Code of Ordinance, Section 13-203, Administration
of the Plumbing Code, Council Member Slavik inquired how staff planned to disseminate
the changes to the affected businesses, and Victor Medina, Public Utilities Director, stated
Minutes
Regular Council Meeting
November 5, 1991
Page 6
that staff has met with the Restaurant Association and will send out information packets to
all restaurant owners.
City Secretary Chapa polled the Council for their votes and the following items
passed:
9. ORDINANCE NO. 021277
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE
FOLLOWING STREETS: SARATOGA BOULEVARD, FROM STAPLES
STREET TO RODD FIELD ROAD, AND RODD FIELD ROAD, FROM
SARATOGA BOULEVARD TO SOUTH PADRE ISLAND DRIVE. FIXING A
LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols Moss and Slavik
voting, "Aye"; Galindo absent at the time the vote was taken.
14. SECOND 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 the second reading by the following vote;
Rhodes, Guerrero, Longoria, Martin, McComb, McNichoIs, and Moss voting, "Aye";
Slavik voting "No"; Galindo absent at the time the vote was taken,
16. ORDINANCE NO. 021278
AMENDING THE CODE OF ORDINANCES, SECTION 13-201, ADMINISTR
ATION OF THE PLUMBING CODE, TO PROVIDE DESIGN AND
MAINTENANCE CRITERIA FOR GREASE, SAND AND OIL INTERCEPTORS.
The foregoing ordinance passed on third reading by the following vote: Rhodes,
Guerrero, Longoria, Martin, McComb, McNichols Moss and Slavik voting, "Aye";
Galindo absent at the time the vote was taken,
Mayor Rhodes called for consideration of the 1991-96 Capital Improvement Plan, and
City Manager Garza discussed the proposed amendments concerning the Fire Station Site -
Bear Lane and Padre Island Drive, McArdle Road Improvements - Carroll to Everhart, Oso
Creek Development, and Traffic Signals.
Minutes
Regular Council Meeting
November 5, 1991
Page 7
City Manager Garza responded to a series of specific questions posed by the Council
concerning the projects. In regard to the traffic signals, Mr. Garza stated that he is not
recommending specific projects at this time. Council Member Martin suggested that there
should be a City-wide prioritization schedule of the traffic signal projects.
City Manager Garza stated that any project over $10,000 will be brought before the
Council, stating that authorization is needed to spend any preliminary money such as
appraisals and other preliminary actions to be begin the project. He stated that staff is
preparing a quarterly presentation on the Capital Improvement Program to be given to
Council.
Carl Crull, Director of Engineering Services, reviewed the status of the Holly Road
Project.
Responding to Council Member McComb, Grace McNett, Capital Budget Officer,
reviewed the funding for specific projects and discussed the balance in the Capital
Improvement Program.
Council Member Slavik expressed concern about the City's debt. She referred to the
possible sale of the City's Gas System and suggested using the money from the sale of the
system to fund these projects, and City Manager Garza replied that he had not considered
delaying these projects. He stated that these projects are voter approved and should be
implemented as soon as possible.
Malcolm Matthews, Director of Parks and Recreation, responded to questions raised
by Council Member McNichols concerning the Oso Creek Parkway Plan. He stated that
$1.1 million is bond money and $1.6 million is from grants received. He discussed the
funding for the project and stated that most of the Oso Bay Creek falls under State
jurisdiction. He indicated that most of the property between the creek to the upland is
wetland area and a Corps of Engineers permit is required to perform construction.
Mr. J.E. O'Brien, 4130 Pompano, expressed concern about the debt of the City.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
17. ORDINANCE NO, 021279
CONFIRMING THE ADOPTION OF THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR YEARS COMMENCING IN FISCAL YEAR
1991 AND ENDING IN 1996 AND APPROPRIATING THE 1991-1992 FISCAL
YEAR CAPITAL IMPROVEMENT FUND; 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 absent at the time the vote was taken.
Minutes
Regular Council Meeting
November 5, 1991
Page 8
Mayor Rhodes opened the public hearing on the following zoning case:
18. Case No. 1091-1. A & J Construction Company: A change of zoning from 'R -1B"
One -family Dwelling District to "I-2" Light Industrial District on Lot 30, and 10.76
acres out of Lot 29, Section 52, Flour Bluff & Encinal Farm & Garden Tracts
located at the terminus of Sweet Bay Drive, approximately 1,260 feet south of
Yorktown Boulevard.
Mayor Rhodes stated that both the Planning Commission and Staff recommend
denial of "I-2" and in lieu thereof, recommend approval of "FR" Farm -Rural District with
a Special Council Permit for a fish farm subject to six conditions.
Ms. W. Armstrong, Jr., 429 Yorktown, expressed opposition to the zoning request and
raised concern about the proposed fish farm.
Mr. R. F. Hasker, 1813 Wallace, spoke in opposition to the zoning request and stated
that he felt that the supply of water for the farm was a problem.
Mr. Louis Alty, 3634 Shore, the applicant, discussed the proposed plans for the fish
farm. He also responded to questions from the Council and members of the audience.
Mayor Rhodes made a motion to amend the recommendation and add a seventh
condition, to keep the project in accordance with the submitted map provided by the
applicant, subject to an appropriate site plan approved by staff. The motion was seconded
by Council Member Galindo and passed unanimously by those present and voting.
A motion was made by Council Member Moss to close the public hearing, seconded
by Council Member Galindo and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed, as amended:
ORDINANCE NO. 021280
AMENDING THE ZONING ORDINANCE UPON APPLICATION BY A & J
CONSTRUCTION COMPANY BY GRANTING A CHANGE OF ZONING
FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "FR" FARM -RURAL
DISTRICT AND BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FISH
FARM SUBJECT TO SEVEN (7) CONDITIONS ON LOT 30 AND 10.76 ACRES
OUT OF LOT 29, SECTION 52, FLOUR BLUFF & ENCINAL FARM &
GARDEN TRACTS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols Moss and
Slavik voting, "Aye"; Guerrero absent at the time the vote was taken.
Minutes
Regular Council Meeting
November 5, 1991
Page 9
Mayor Rhodes opened the public hearing on the following zoning case:
19. Case No. 1091-2, Aqua Park. Inc.: A change of zoning from "B-4" General Business
District with "SP" Special Council Permit to "I-2" Light Industrial District on Lots 1
through 12, Block 87, Brooklyn Addition, located between E. Causeway and Seagull
Boulevards and between Bridgeport and Coastal Avenues.
Mayor Rhodes stated that both the Planning Commission and Staff recommend
denial of "I-2", and in lieu thereof, recommend approval of a Special Council Permit for an
outside amusement park subject to eight conditions.
No one expressed opposition to the zoning application.
The applicant advised that he concurred with the conditions of the special permit.
Council Member Longoria made a motion to close the public hearing, seconded by
Council Member Moss and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
ORDINANCE NO. 021281
AMENDING THE ZONING ORDINANCE UPON APPLICATION BY AQUA
PARK, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN
OUTSIDE AMUSEMENT PARK SUBJECT TO EIGHT (8) CONDITIONS ON
LOTS 1 THROUGH 12, BLOCK 87, BROOKLYN SUBDIVISION; 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 absent at the time the vote was taken.
Mayor Rhodes opened the public hearing on the following zoning case:
20. Case No. 1091-3. Steve Maloney: A change of zoning from "R -1B" One -family
Dwelling District to "RE" Residential Estate District on Lot 3, Block 1, Wedgewood
Terrace Unit 2, located on the west side of Flour Bluff Drive approximately 690 feet
north of Yorktown Boulevard. (Attachment #23) (20% rule is in effect)
Mayor Rhodes stated that both the Planning Commission and Staff recommendation
denial of the zoning application.
Minutes
Regular Council Meeting
November 5, 1991
Page 10
Mr. Dewey Estis, 3802 Flour Bluff Drive, spoke in opposition to the zoning request
and expressed the opinion that this change, if approved, would decrease his property value.
Mr. Ben Hammond, 3818 Flour Bluff Drive, spoke in opposition and stated that he
hoped the Council would deny the request. He stated that he felt that the change would
be detrimental to the property values.
Mr. Paul Carangelo, 3734 Flour Bluff Drive, expressed opposition to the zoning
request. He stated that approval of the request might restrict the future legal use of the
property.
Mr. Steve Maloney, the applicant, discussed the plans for the property and requested
a change to a special permit which would allow him to have horses on the property before
a house is built.
A brief question and answer period ensued.
Council Member Martin declared that the property is zoned, platted, and deed
restricted to allow for people to live in a semi -rural environment within the city limits,
stating that until such time that the house is built, horses are not legal on the property.
Council Member Martin moved to close the public hearing. The motion was
seconded by Council Member McNichols and passed unanimously by those present and
voting.
In response to a question raised by Council Member Slavik, Assistant City Attorney
Perez stated that based on comments from the neighborhood association, there are deed
restrictions on the property and regardless of whether the zoning is granted, the deed
restrictions can be enforced by the property owners. He stated that this would be a civil
matter and the applicants will still have to work with the property owner's association,
independent and apart from the City.
Council Member Martin moved to concur with the Planning Commission and staffs
recommendation for denial of the zoning request. The motion was seconded by Council
Member McNichols and passed unanimously by those present and voting; Guerrero absent
at the time the vote was taken.
Mayor Rhodes called for the City Manager's report.
City Manager Garza informed the Council of a health issue regarding a coyote with
rabies on Mustang Island. Council Member Martin suggested adding extra animal control
officers on an emergency basis, and City Manager Garza responded that will be done.
Mayor Rhodes called for Council liaison reports.
Minutes
Regular Council Meeting
November 5, 1991
Page 11
Council Member Galindo spoke about a ribbon -cutting ceremony which will be held
on November 13, 1991, for the Highway 44, three-mile section from Padre Island to Port.
* * * * * * * * * * * * *
The Council went into closed session pursuant to Article 6252, Section 2(e), V.A.C.S.,
regarding Voting Rights lawsuit on Council election system and Texas Water Commission
proceeding considering water releases from reservoir system.
Mayor Rhodes reconvened the Council Meeting and referred to the water issue.
She directed staff to bring back the compromise agreement for action on next week's agenda
and to incorporate the four items Dr. Mike Speed had recommended to the Council. Mayor
Rhodes appointed Dr. Mike Speed, Deputy City Manager Jesus Garza, and Council Member
David McNichols to serve on the policy committee.
Mayor Rhodes called for petitions from the audience on matters not scheduled on
the agenda.
Mr. Phil Rosentein, 949 Bobalo, requested that smoking be prohibited in City Hall,
and Mayor Rhodes stated that this matter would be discussed during a workshop meeting.
A gentleman from the audience expressed concern regarding the water releases.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 5:52 p.m. on November 5, 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 November 5, 1991, which
were approved by the City Council on November 12, 1991.
WITNESSETH MY HAND AND SEAL, this the 22nd day of November, 1991.
Armando Chapa
City Secretary