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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