HomeMy WebLinkAboutMinutes City Council - 11/12/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 12, 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 Pastor William K. Schuster of Mt. Olive Lutheran
Church, following which the Pledge of Allegiance to the Flag of the United States was led
by Council Member Slavik.
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 November 5, 1991, and there being no corrections, she proclaimed them approved as
presented.
City Manager Garza read a letter from the graduates of the eighth session of the
Corpus Christi Citizens' Police Academy expressing appreciation to the City for the academy
and the service it renders the community. Mr. Ralph H. Hesse, a spokesman for the group,
thanked the police officers involved in the academy.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 thru 6, stating that the City Manager has
withdrawn Item 6, and Council Members requested that Items 3 and 4 be withheld for
discussion.
MICROFILMED
Minutes
Regular Council Meeting
November 12, 1991
Page 2
City Secretary Chapa polled the Council for their votes and the following were
passed:
1. M91-299
Motion approving the purchase of a new modular ambulance based on best bid and
an ambulance remount based on low bid from Collins Ambulance, Mansfield, Texas,
in accordance with Bid Invitation No. BI -0031-92. The unit prices, including trade-ins
are $63,073 for the new unit, and $33,230 for the remount unit, for a total
expenditure of $96,303. The units are budgeted in the Fire Department 1991-92
Capital Outlay as replacements.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
2. M91-300
Motion authorizing acquisition of Lot 8, Block 14, Gardendale Addition No. 3,
located at 4826 Williams Drive on the north side between Nelson Lane and Everhart
Road for $30,000 from Eladio Diaz, et al, in connection with the Corona Drive
Extension Project as a result of condemnation proceedings.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
5. SECOND READING
AUTHORIZING THE DONATION 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 second reading by the following vote: Rhodes,
Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting,
"Aye."
6. Withdrawn
- OD_ 0. ..D
. .
.11
WELLS, BY AMENDING SECTIONS 35 3, 36 16, 35 31, 35 35, 35 60, 35 80, 35
105, 35 107, 35 130, AND 35 133.
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*
Relative to questions from Council Member Moss on Item 3, adoption & submission
of the City of Corpus Christi's Comprehensive Housing Affordability Strategy, City Manager
Minutes
Regular Council Meeting
November 12, 1991
Page 3
Garza stated that staff recommends adoption of the plan, noting that the City would be an
active participant in the program.
Council Member Galindo commented on Item 4, parking meters and fines, and
expressed the opinion that it would be counterproductive to remove the meters because
they are a revenue generating item for the downtown area. He opposed paying $20,000 for
removal of the meters, noting that the City would take a $200,000 loss by removing the
meters. Mr. Galindo made a motion to activate the hooded meters and dedicate those
funds to the future Municipal Management District. The motion was seconded by Council
Member Slavik.
Discussion ensued and Bill Hennings, Director of Development Services, responded
to questions raised by the Council and estimated that $30,000 additional revenue would
accrue if the hoods were removed and the meters put back into service.
Responding to Council Member Slavik about selling the meters, Mr. Hennings
discussed plans for the meters, and City Manager Garza stated that selling the meters would
not pay for the cost of the removal.
Mr. Kevin Walker, representing the Heart of Corpus Christi, stated that the purpose
of the meters was to generate available parking spaces, not to generate revenue. He
expressed support of removing the meters.
The motion made by Council Member Galindo failed to pass by the following vote:
Galindo and Slavik voting, "Aye"; Rhodes, Guerrero, Longoria, Martin, McComb, McNichols
and Moss voting, "No."
Council Member McNichols referred to the ordinance, increasing fines for parking
violations, and stated that an increase is in order but expressed concern about a 100 percent
increase. He asked if the Council would be interested in modifying the increase. Mr.
Hennings justified the basis for the increase.
Council Member Martin inquired about the collection percentage on the tickets, and
Mr. Hennings stated that he did not know the answer. Mr. Martin then recommended
withdrawing the ordinance until the answer is obtained. Council Member Martin made a
motion to table Item 4b, increasing the fines. The motion was seconded by Council
Member Slavik and failed to pass.
Mr. Hennings stated that the collection record on the fines is 67 percent.
City Secretary Chapa polled the Council for their votes and the following were
passed:
3. RESOLUTION NO. 021282
Minutes
Regular Council Meeting
November 12, 1991
Page 4
ADOPTING AND AUTHORIZING THE SUBMISSION OF THE CITY OF
CORPUS CHRISTI'S COMPREHENSIVE HOUSING AFFORDABILITY
STRATEGY.
The foregoing resolution passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye."
4a. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, SECTION 53-257,
SCHEDULE VIII, PARKING METER ZONES ESTABLISHED BY DELETING
PARKING METERS ON SPECIFIC STREET SECTIONS IN METER ZONE NO.
4, ADDING METERS IN METER ZONE NO.2; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye";
Galindo voting, "No."
4b. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC,
ARTICLE III, ENFORCEMENT AND COMPLIANCE, DIVISION 2, PENALTIES
AND IMPOUNDMENT, SECTION 53-55, PENALTIES, TO INCREASE FINE
ASSESSMENTS; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Longoria, McComb, Moss and Slavik voting, "Aye"; Galindo, Martin and
McNichols voting, "No."
4c. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, SECTION 53-257,
SCHEDULE VIII, PARKING METER ZONES ESTABLISHED BY
CONVERTING PARKING METERS ON SPECIFIC STREET SECTIONS FROM
LONG-TERM, TEN-HOUR PARKING METERS TO SHORT-TERM TWO-
HOUR PARKING METERS; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye";
Galindo voting, "No."
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of Item 7, City vs. J. P. Stevens & Co., et al,
and it was the consensus of the Council to go into closed session for discussion of Item 7.
Minutes
Regular Council Meeting
November 12, 1991
Page 5
The Council went into closed session pursuant to the Texas Open Meetings Act,
Article 6252-17, Section 2E, to discuss Item 7.
* * * * * * * * * * * * *
Mayor Rhodes reconvened the Council Meeting and recognized Mr. Michael Terry,
the attorney representing the City in the airport expansion lawsuit. Mr. Terry proposed a
settlement and explained the terms. He stated that the settlement reimburses the City for
all costs associated with the faulty roof and its replacement.
Mayor Rhodes moved to approve the settlement of City vs. J. P. Stevens & Co., et
al, No. 89-5217-D, 105th District Court for payment to City by J. P. Stevens of $740,000,
entry of judgement against CJB Construction, Inc. and Robert Jenkins with assignment of
their claim against Great Western Roofing, Inc. and its insurers to the City with a
guaranteed $350,000 recovery, with attorneys' fees payable out of such guarantee, as set
forth in the settlement documents prepared by attorney Michael Terry. The motion was
seconded by Mayor Pro Tem Guerrero and passed unanimously. (M91-301)
* * * * * * * * * * * * * *
Mayor Rhodes called for consideration of Item 8, proposed settlement agreement for
freshwater releases, and City Manager Garza stated that staff recommends the settlement
agreement as proposed to the Council.
Deputy City Manager Garza responded to specific questions raised by Council
Member McComb in regard to the agreement and commented on the charges of the policy
committee and the Nueces Estuary Advisory Council. In regard to the brine release
discharges, Mr. Garza stated that they are not referred to in the agreement. He stated that
a second pre -hearing meeting will be held on November 21, noting that the breadth of the
hearing has not yet been established by the Texas Railroad Commission. Mr. Garza then
elaborated on the hearing process concerning the water releases.
Council Member McNichols clarified that if any of the parties in the settlement felt
that the agreement had become unacceptable, they could reinstitute the appeal for the
hearing process. Dr. McNichols made comments in regard to the Nueces Estuary Advisory
Council and the policy committee.
Dr. Michael Speed, the Mayor's advisor on freshwater releases, clarified that under
this proposal, the City must be prepared to release 91,000 acre feet of water. He stated that
in the wet years when there are spills and when the salinity levels fall, the City can get
credit, noting that the City must be prepared to release that water during the next five years.
He referred to the proposed task force and stated that this is a very serious issue and
experts are needed to provide a second opinion. Dr. Speed stated that it is very critical that
the special policy committee is formed to work with the policy committee of the Texas
Water Commission, and Mayor Rhodes advised Dr. Speed that she had appointed him, the
Deputy City Manager and Council Member McNichols to serve on the policy committee.
Minutes
Regular Council Meeting
November 12, 1991
Page 6
In response to a question from Council Member Slavik, Deputy City Manager Garza
reviewed the City's current water situation.
Following a brief question and answer period, Council Member McComb questioned
public participation and compliance if the City tells individuals to reduce the amount of
water they use, when at the same time the City is releasing water from the lake.
Council Member Martin expressed the opinion that the agreement is the best the
City can achieve at this time, given specific conditions. He stated that it protects the City
the most over the next five years. He suggested that the staff and the committees begin
work immediately.
Mayor Pro Tem Guerrero expressed the opinion that it is a disgusting compromise
but the City has no other choice. He inquired if the option to go to court would always be
available, and Deputy City Manager Garza responded in the affirmative.
Mayor Rhodes expressed the opinion that it would cost the City a fortune in fines if
the Council decided not to release the water, pointing out that the City would have to
release the water anyway.
City Secretary Chapa polled the Council for their votes and the following motion
passed:
8. M91-302
Motion to approve settlement of the parties to the Texas Water Commission (TWC)
proceeding in the matter of an order establishing interim operating procedures and
the establishment of an advisory council pertaining to special conditions S.B.,
Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, Nueces
River Authority, and the City of Three Rivers, as stated in draft October 17, 1991,
revised November 1, 1991.
The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo,
Longoria, Martin, McNichols, Moss and Slavik voting, "Aye"; McComb voting, "No."
*************
Mayor Rhodes declared a five-minute recess.
Mayor Rhodes reconvened the Council Meeting and called for consideration of
privatization of the City's Gas System.
City Manager Garza provided background information in regard to the sale of the
City's gas utility. He stated that staff was asked to present an analysis of the Gas Division,
the methodology by which the sale could be accomplished, and an analysis of the pros and
cons of such a sale. He stated that staff concluded that based on current information
available, the City has not been presented a good deal. He stated that the City's gas utility
Minutes
Regular Council Meeting
November 12, 1991
Page 7
is one of the best in the State and a money-maker for the City. Mr. Garza pointed out that
in the event it is sold, a cash flow would be given up forever.
Victor Medina, Director of Utilities, presented an informational report to the Council
and reviewed comparisons of residential gas bills and cost of service comparisons.
Highlights of Mr. Medina's presentation included a historical background of the City's Gas
Division; historical background on City gas rates; Corpus Christi Gas Division as it currently
exists; methodology for the sale of the City's Gas Division; analysis, conclusion and staff
recommendation, including advantages and disadvantages of the sale of the Gas Division.
Mr. Medina responded to specific questions raised by the Council. Mayor Pro Tem
Guerrero inquired what percentage of the homes in Corpus Christi are all electric, and Mr.
Medina responded that he would provide that information at a later date. Council Member
Martin inquired if there is any free gas service going into any General Fund activities, and
Mr. Medina replied in the affirmative. Mr. Martin asked if that was consistent with the City
Charter and asked if it is a transfer of funds, and City Attorney Bray responded that he does
not believe so. Mr. Martin requested a legal opinion. In summation, Mr. Medina declared
that staff strongly recommends against the sale of the Gas Division for numerous reasons
and he elaborated on the reasons.
Mayor Pro Tem Guerrero expressed the opinion that based on the information
received, few of the figures are firm, the majority of them being speculation and based on
no negotiations or interactions with any proposers. He stated that before the Council can
make any decision, there will have to be answers to many questions. Mr. Guerrero
suggested appointing an ad hoc committee to work with the staff and present a
recommendation to the Council.
Discussion ensued and Mr. Martin questioned the costs projected by staff and
expressed the opinion that the facts are inaccurate. He declared that he is biased because
he believes that the City should begin privatizing something. He stated that every one of
the disadvantages could be negotiated away. Mr. Martin stated that this is the first utility
related recommendation from staff where they chose to consider the needs of the elderly
and low income, noting that he has never heard that in any rate proposed increase presented
by the City Manager, and City Manager Garza interjected that he has never offered to
restructure the rates, stating that the restructuring occurred before he became City Manager.
Mayor Rhodes stated that this is the staff recommendation and they should not be
criticized for their recommendation.
Council Member McNichols asked what kind of indebtedness is associated with the
gas system, and City Manager Garza replied that there is none. Mr. Garza stated that the
City has combined the utilities and it is appropriate under the combined utilities fund to
utilize the revenues of the gas system to support water or wastewater.
Following a brief question and answer period, Council Member Galindo stated that
the ultimate responsibility of the Council is to provide the citizens with the best system
available.
Minutes
Regular Council Meeting
November 12, 1991
Page 8
Council Member Moss concurred that the City should investigate privatization and
he agreed with forming a committee to investigate this issue.
In response to a question from Council Member Slavik, City Manager Garza stated
that if the system was sold, the Council would have some control over the rates but not final
authority, pointing out that currently the Council has final authority. Mrs. Slavik expressed
concern about an increase in rates and stated that she is in favor of the ad hoc committee.
Mayor Rhodes appointed the ad hoc committee, consisting of Council Member Slavik
as chairman and Council Members Martin, Galindo and Mayor Pro Tem Guerrero.
Council Member Martin pointed out that the income from the sale of the Gas System
would help build the Southside Wastewater Treatment Plant and help acquire more water
rights.
Mr. Davis J. Mistrot, 3322 Halfpenny, a consulting engineer in the natural gas and
energy field, read a prepared statement and expressed support of the City's retaining the gas
system. He stated that it is the best gas system in the State of Texas. Council Member
Martin informed him that the gas system produces zero in excess revenue.
Mayor Rhodes called for the City Manager's report, and City Manager Garza advised
the Council that the City received written acknowledgement from Eagle Insurance Company
regarding Fire Station No. 1, advising that they are in the process of soliciting bids to
complete the project.
Mayor's Update - Mayor Rhodes spoke about plans for the upcoming HEB Christmas
Dinner and stated that if anyone is interested in assisting with this project, to call the
Volunteer Center.
Mrs. Rhodes spoke about her recent trip to San Antonio, stating that the Mayor of
San Antonio has formed a regional group to deal with regional problems. She stated that
he has consented to let the City of Corpus Christi host a regional group meeting in Corpus
Christi. Mrs. Rhodes also commented about a recent trip to Washington, D.C. with Mayors
from across the United States and expressed appreciation to the American Association of
Retired Persons for financing the trip.
Mayor Rhodes called for Council concerns and liaison reports.
Council Member McComb informed the Council that Ms. Irma Caballero, President
of the Workforce Development Corporation, has submitted her resignation to take a
position in the private sector. He advised that Robert Trask also has offered his resignation
and he suggested that Mike Carrell, President of the Texas Commerce Bank, an advisory
member of the Workforce Development Corporation, be appointed to the private sector slot
vacated by Mr. Trask. Mayor Rhodes stated that she has requested the City Secretary to
put the vacancy on the agenda as a regular Board and Commission appointment.
Minutes
Regular Council Meeting
November 12, 1991
Page 9
Council Member McNichols referred to the water release issue and commented on
the formation of the policy committee and the task force of group representatives which
needs to be appointed so they can begin to collect data. He inquired about the appointment
for the head of the task force, and Mayor Rhodes asked if Dr. McNichols would meet with
the other members of the policy committee and present suggestions to the Council.
Mayor Rhodes called for petitions from the audience on matters not scheduled on
the agenda.
Mr. Ram Chavez, 1642 Sandlewood, Musical Director of the Veterans Band of
Corpus Christi, updated the Council on events concerning the Veterans Band and discussed
the financing for the band's trips. Mr. Chavez invited everyone to a world premiere movie
of "Where the Red Fern Grows, Part II" which will be held on Friday at the Bayfront Plaza
Auditorium.
Council Member Longoria encouraged people to attend the movie because the band
needs the funding. She asked if the band had resolved the question of payment of insurance
for the use of the bus, and Mr. Chavez replied that has not been resolved. Mrs. Longoria
stated that she hoped someone would come forward to help the Veterans Band with the
insurance needed for the bus.
Mr. Dan Murphy, representing Texas Fuel and Asphalt, presented a letter to the
Council concerning the City's intent to extend the 1991 HFRS-S asphalt emulsion contract.
City Manager Garza stated that he will present a report to the Council in regard to this
issue.
Mr. Ron Hudson, 3556 Austin, raised questions concerning the cablevision's religious
access users group.
Mr. Leon Perez, 904 Buford, expressed opposition to banning smoking in the City
Hall lobby, and Mayor Rhodes requested staff to bring forth an ordinance to prohibit
smoking in the City Hall lobby.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 4:43 p.m. on November 12, 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 12, 1991, which
were approved by the City Council on November 19, 1991.
WITNESSETH MY HAND AND SEAL, this the 22nd day of November, 1991.
Armando Chapa
City Secretary