HomeMy WebLinkAboutMinutes City Council - 01/14/1992MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 14, 1992
12 Noon
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 Council went into executive session pursuant to Article 6252-17, Section 2(g),
V.A.C.S., to interview the Municipal Court Judge candidates.
Mayor Rhodes reconvened the Council Meeting and declared a five-minute recess.
Mayor Rhodes re -opened the Council Meeting and called 011 Council Member
Galindo to deliver the invocation and Council Member Guerrero to lead the Pledge of
Allegiance to the Flag of the United States.
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 January 7, 1992, and there being no corrections, she proclaimed them approved as
presented.
Mayor Rhodes referred to the Board and Committee appointments and the following
appointments were made by the Council: (M92-005)
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Minutes
Regular Council Meeting
January 14, 1992
Page 2
Corpus Christi Area Economic Development Corporation
Charles Wade
Electrical Advisory Board Honey Bee Advisory Committee
Michael Dodson Helena Gomez
Mechanical/Plumbing Advisory Board Oil & Gas Advisory Committee
Richard Miller - reappointed
Bill Smith - reappointed
Lew Larson - reappointed
Zernie Smith - reappointed
Reed Glendenning
Hewitt Fox - Mayor's appointment
Tom Guezlow - Mayor's appointment
Park & Recreation Advisory Committee Transportation Advisory Comm.
Robert Gunnels LCDR Michael Williams
Joe Garcia
Sr. Community Services Advisory Comm.
Marjorie Hays
Sister City Committee
Roy Hinojosa (declined)
Esther Ng
Julie Moore
Rudy Delgado
Mary Saenz
Nelida Ortiz
Mayor Rhodes called for the report on the Operations & Management Consulting
Audit.
City Manager Garza provided background information and stated that the firm of
CH2M Hill in conjunction with Collier, Johnson and Woods and Urban Engineering
conducted a management and operations audit for the City's gas, water and wastewater
utilities. He stated that the audit identified a number of findings and recommendations
which may be implemented over a reasonable period of time.
Mr. Bill Thornton, CH2M Hill, reviewed the consulting audit process and identified
the audit goals that were developed. He discussed highlights of the recommendations,
ranging from improved customer service through communications; scheduling; facilities
Minutes
Regular Council Meeting
January 14, 1992
Page 3
management; organizational alignments, to staffing recommendations; establishment of a
community relations program and a utility advisory committee.
Focal points discussed by Mr. Gene Urban, Urban Engineering, included the Utility
Advisory Board, Community Relations Program and Engineering Services.
Mr. Randy Vrana, representing Collier, Johnson and Woods, addressed the issues of
morale, cost accounting systems, and data availability and management information.
Council Member Martin supported the idea of the establishment of the Utility
Advisory Board and encouraged the separation of cost avoidance from cost reduction. He
inquired if the City now has the data to present a rate proposal, and City Manager Garza
responded in the affirmative.
Council Member Slavik asked about the definition of a service line, and City
Manager Garza replied that the service line would be from the home to the sewer main.
A lengthy discussion followed on the clean out procedures for wastewater lines and a visual
drawing was shown of this area.
A series of specific questions were raised concerning the report and an extensive
discussion followed.
Council Member Slavik expressed concern about a system development fee and
stated that she would be opposed to that, and Mr. Thornton stated that system development
fees are not uncommon.
Mrs. Slavik expressed concern about a system water loss and agreed with the
recommendation to commence an aggressive leak detection and repair program. Mrs. Slavik
inquired about the comment in the report regarding the City having too many wastewater
treatment plants, and Mr. Urban stated that they would recommend looking at operations
and long term maintenance costs before moving forward with the new plant.
Mr. J. E. O'Brien, 4130 Pompano, expressed the opinion that the report does not
reflect favorably on the management of the City's utilities. He inquired about inaccurate
overhead factors. Mr. O'Brien indicated that the Council approved the formation of a
public utility commission but it has not been implemented. He stated that there are a lot
of good recommendations in the report.
Responding to Mr. O'Brien's question, Mr. Vrana elaborated about inaccurate
overhead factors in the gas division.
Mayor Rhodes stated that she believed it was appropriate to wait for this report
before forming the public utility commission.
Council Member Galindo moved to accept the Operations & Management Consulting
Audit. The motion was seconded by Council Member McNichols and passed unanimously;
Guerrero absent. (M92-006)
Minutes
Regular Council Meeting
January 14, 1992
Page 4
Council Member Martin suggested that individuals who are interested in serving on
the utility board submit their names to the City Secretary.
Mayor Rhodes called for the report on the stormwater regulations and
recommendations, and City Manager Garza stated that in response to stormwater
regulations issued by the U.S. Environmental Protection Agency (EPA), the City has taken
initial steps to investigate the quality of its stormwater discharges. He stated that complying
with EPA mandates to minimize pollution entering local bays requires further study.
Deputy City Manager Garza provided background information regarding a contract
with Camp, Dresser & McKee, Archie Walker Engineering, Wood, Boykin & Wolter, and
Morehead, Dotts and LaPorte for developing a regional stormwater management plan.
He discussed the findings of the report and the strategy of the steps to be taken by the City.
He reviewed a list of stormwater drainage projects which need to be developed and
addressed the funding of the projects. Mr. Garza stated that applications for the permits
for stormwater discharge must be filed in two parts; he elaborated on the two phases; and
he discussed the implementation schedule.
Mr. Garza stated that staff is requesting authorization to negotiate a contract with
Camp, Dresser & McKee to perform several tasks to help the City comply with the EPA
stormwater regulations and he discussed the specific tasks.
A lengthy question and answer period followed.
Council Member McComb expressed concern about the regulations and stated that
they are ridiculous. He stated that there should be a message to Washington that this is
going to bankrupt cities. He stated that the City cannot afford this.
Deputy City Manager Garza stated that other cities, including Corpus Christi, have
expressed their displeasure with the harsh regulations but it was to no avail.
Council Member McNichols concurred with Council Member McComb but stated
that the City has no choice and could not get around the federal mandate.
Council Member Slavik concurred with Council Member McComb. She expressed
the opinion that the City should continue to protest. Mrs. Slavik referred to a page in the
report and expressed concern about another taxing district.
Council Member Martin stated that all of the projects listed have nothing to do with
water quality and are all stormwater management items. He suggested waiting to see if
some storm quality projects have to be done because there are limited funds. He inquired
about enforcement for individuals who pollute, and Mr. Garza stated that it would be the
Texas Water Commission, noting that it is also against the City's ordinances. Mr. Martin
implied that there is not an enforcement agency and recommended that there should be a
major enforcement effort of this program.
Minutes
Regular Council Meeting
January 14, 1992
Page 5
Council Member Moss concurred with Council Member McComb and questioned the
cost of the permit application and asked if the G.I.S. maps would help to mitigate the costs,
and Deputy City Manager Garza stated that it might and he explained the process of the
application.
Mr. Charles McCaleb, 123 Oleander, expressed the opinion that it would be helpful
if the EPA would come up with a concrete plan for something specific. He stated that this
will affect every town in the United States and suggested that a pilot plan be developed.
Mr. J. E. O'Brien, 4130 Pompano, concurred with Council Member McComb and
stated that the EPA would not lower the boom on any city that did not comply with these
regulations. He urged caution about the spending of funds for this issue.
Mr. R. F. Hasker, 1813 Wallace, talked about cleaning streets and water pollution
in the City.
Mayor Rhodes concurred with Council Member Martin's recommendation that the
issues be separated. She stated that the agenda memorandum next week should explain very
carefully what the City is buying for the money; where we are in the process; what is already
mandated by law; and what will happen if the City does not comply. She expressed the
opinion that the City could not afford the fines the EPA would levy if the City did not
comply.
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Malcolm Matthews, Director of Park and Recreation, presented an update on the
Nueces River Park improvements and the Brooks property (golf/RV project). Responding
to questions from Council Member Longoria, Mr. Matthews discussed the construction of
the rest rooms, commented on the brush clearing and reviewed plans for the RV park. Mrs.
Longoria asked about the cost to the City regarding utilities for the golf course, and Mr.
Matthews stated that is not known at this time. He stated that hopefully, the City could use
raw water on the golf course and not have to use treated water.
Mrs. Longoria stressed the importance of the quarterly reports on the CIP Program,
and City Manager Garza stated that they will be presented each quarter.
s s s s x s s s s s s x s
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 4 thru 8, and Council Members requested
that Items 4 and 8 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were
passed:
5. M92-008
Minutes
Regular Council Meeting
January 14, 1992
Page 6
Motion authorizing the City Manager to submit an application for the FY 92
Emergency Shelter Grant (ESG) Program and execute all related documents
pertaining to the ESG Program.
The foregoing motion 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.
6. M92-009
Motion awarding a contract in the amount of $70,235.50 to Bay, Inc. to construct a
12 -inch waterline in Violet Road between Leopard Street and Annaville Road.
The foregoing motion 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.
7. SECOND READING
AUTHORIZING THE CITY MANAGER TO EXECUTE A TEN-YEAR LEASE
AGREEMENT WITH NUECES COUNTY COMMUNITY ACTION AGENCY
FOR PROPERTY LOCATED ON MORRIS STREET AND HARMON AVENUE;
AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote: Rhodes,
Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye";
Guerrero absent at the time the vote was taken.
Responding to a question from Council Member Moss on Item 4, approval of RSVP
ACTION grant, City Manager Garza commented in regard to the financing for this program.
Council Member McComb requested a report concerning the volunteer program at
the golf courses, and City Manager Garza reviewed the status of this situation.
Mr. Ron Hudson, 3556 Austin, questioned the motive of Item 8, regulation of alcohol
and tobacco advertising near schools. He stated that CCISD has not provided any input
toward the amendment and suggested that the Council vote "No" on this ordinance.
City Secretary Chapa polled the Council for their votes and the following were
passed:
4. M92-007
Motion authorizing the City Manager or his designee to submit an application to and
execute a contract with ACTION for the continuance of the Retired Senior
Minutes
Regular Council Meeting
January 14, 1992
Page 7
Volunteer Program (RSVP) in 1992-93. The total budget proposed for RSVP for
1992-93 is $113,320.
The foregoing motion 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.
8. SECOND READING
PROHIBITING CERTAIN SIGNS ADVERTISING ALCOHOL AND TOBACCO
WITHIN 500 FEET OF ELEMENTARY AND SECONDARY SCHOOLS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The foregoing ordinance was passed on second reading by the following vote:
Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik
voting, "Aye"; Guerrero absent at the time the vote was taken.
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Mayor Rhodes referred to Item 9, appointing Municipal Court Judges and setting
salaries. She stated that there were an extremely high caliber group of candidates. Mrs.
Rhodes made the following motion: 1. reappoint presiding Judge Rudy Tamez as the
Municipal Court Judge of District A; 2. reappoint Bill Monkres as the Associate Judge of
said court presiding over Division B; 3. reappoint Melanie Dodson as the Associate Judge
of said court presiding over Division C; 4. appoint Don Alex as an Associate Judge of said
court presiding over Division D; 5. reappoint Chuck Vanaman as an Associate Judge of said
court presiding over Division E; 6. set the salaries within the range set by the City
Compensation Ordinance giving a three -percent increase to Judge Tamez, Judge Monkres
and Judge Dodson; setting the salary for newly appointed Associate Judge Don Alex at the
minimum range under the City Compensation Ordinance and to give the salary range for
Chuck Vanaman as established by an agreement with Nueces County. The motion was
seconded by Council Member Martin and passed unanimously; Guerrero absent at the time
the vote was taken. (M92-010)
Mayor Rhodes recognized Mr. Don Alex, the newly appointed judge, who expressed
appreciation to the Council for the opportunity to serve the City.
Mayor Rhodes called for the discussion on Item 10, further consideration of rezoning
request from 'R -1B" One -family Dwelling District to "B-4" General Business District on a
portion of Lots 3, 4, and 5, Block 11, Flour Bluff and Encinal Farm and Garden Tracts,
located on the south side of Saratoga Boulevard approximately 1,700 feet east of S. Staples
Street.
Minutes
Regular Council Meeting
January 14, 1992
Page 8
Mayor Rhodes stated that both the Planning Commission and staff recommend denial
of the "B-4" District, and in lieu thereof, recommend approval of a "B-1" Neighborhood
Business District. She stated that the Council attempted to make some alterations in the
zoning resulting in a split vote and today staff has presented three alternatives.
Council Member Martin raised questions regarding the site plan, and Bill Hennings,
Director of Development Services, responded to his questions. A discussion followed
dealing with the site plan and Mr. Hennings showed a conceptual site plan presented by the
applicant. He stated that the applicant is not ready to commit that this will be the specific
site plan and he stated that they do not have a detailed use plan.
Following a question and answer period, the Council discussed the various options.
Mayor Pro Tem Guerrero expressed the opinion that the cleanest option available
is option 3. Mr. Guerrero moved to accept option 3. The motion was seconded by Council
Member Slavik.
John Bell, attorney representing the applicant, stated that there is no intention to put
apartments in the project and use it for multi -family. He stated that the applicant is in favor
of the cleanest option obtainable from the Council. He stated that there is no strong
objection to option 2 but option 3 is preferable.
The motion to adopt option 3 passed by the following vote: Rhodes, Guerrero,
Galindo, Longoria, Martin, McComb, McNichols and Slavik voting, "Aye"; Moss voting, "No."
Responding to a question from Council Member Martin regarding a drainage plan,
Mr. Hennings stated that some drainage planning needs to be done and when Driscoll
Foundation files their plat, they will have to file an adequate drainage plan. He stated that
this in no way changes the City's obligation relative to infrastructure.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
10. ORDINANCE NO. 021321
AMENDING THE ZONING ORDINANCE UPON APPLICATION BY WALTER
WISZNIA BY GRANTING A CHANGE OF ZONING FROM "R -1B" ONE -
FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS
DISTRICT ON PORTION OF LOTS 3, 4, AND 5, BLOCK 11, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACT; 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."
Minutes
Regular Council Meeting
January 14, 1992
Page 9
Mayor Rhodes opened the public hearing on closing and abandoning a portion of
Battlin' Buc Boulevard between the south line of Lipan Street and the north line of Up
River Road in the Nelson Addition No. 1 and Seven Oaks Addition Subdivisions; subject
to the applicant paying fair market value for the street; meeting specified requirements; and
replatting the property within 180 days.
There was no opposition to the closure.
Mayor Pro Tem Guerrero moved to close the public hearing and the motion was
seconded and passed unanimously.
Council Member Longoria asked if Lipan Street already has sidewalks, and Bill
Hennings, Director of Development Services, replied that it does not. He stated that
CCISD would reconstruct that to provide the facilities on Lipan.
Responding to a question from Council Member Martin, Mr. Hennings stated that
CCISD owns all but one lot and the City has a letter from the owner of that lot agreeing
to this action. He stated that this action will not be final until they have replatted the
property, stating that it is conditioned on their eventual acquisition of that lot.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
11. ORDINANCE NO. 021322
CLOSING AND ABANDONING A PORTION OF BATTLIN' BUC
BOULEVARD BETWEEN THE SOUTH LINE OF LIPAN STREET AND THE
NORTH LINE OF UP RIVER ROAD IN THE NELSON ADDITION NO. 1 AND
SEVEN OAKS ADDITION SUBDIVISIONS; SUBJECT TO CERTAIN
PROVISIONS; 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."
Mayor Rhodes called for the City Manager's report, and City Manager Garza
reported on his recent trip with other City Managers of large cities.
Mayor Rhodes suggested that if all the items on next week's agenda are not dealt
with during the Council Meeting of January 21, the Council Meeting of January 28th should
begin at noon.
Mrs. Rhodes presented the City Manager with a letter from Bill Pruet, Chairman of
the Board of Directors of the Convention and Visitors Bureau, regarding concerns about the
litter on the water side of the sea wall.
Minutes
Regular Council Meeting
January 14, 1992
Page 10
Mayor Rhodes called for Council concerns and liaison reports.
Council Member Martin referred to the public hearing on Battlin' Buc Drive and
raised questions about closing the street, and City Manager Garza stated that the closure
will not go into effect until CCISD plats. He indicated that this is being done at the request
of CCISD; they have some deadlines to meet; and this is the only way they can move ahead
with the project. Mr. Martin expressed concern about the conditions regarding the closure
and transfer of property to the adjacent property owner, and Assistant City Attorney Perez
stated that the ordinance relinquishes the street but the property owner will not be able to
acknowledge or accept the half of the street until it is platted. Mr. Martin asked if this
procedure is proper and would not get the City into any difficulty with the property owner
that could have some extraordinary rights, and City Manager Garza assured him that the
procedure is proper.
Council Member Moss referred to the people who have mobile phones and asked if
they should be encouraged to call 911 regarding certain matters, and City Manager Garza
stated that they should call 911 only if it is an injury or an accident requiring emergency
personnel immediately.
Mr. Moss requested a copy of the overheads which were presented by the consultant
during the utility presentation.
Mr. Moss commented on a newspaper editorial concerning the City's Police
Department.
Council Member McNichols spoke in regard to the National Estuary Program and
expressed the opinion that the City should examine the program carefully before getting
involved, and City Manager Garza stated that a presentation is forthcoming on this matter.
Mayor Rhodes called for petitions from the audience on matters not scheduled on
the agenda.
Mr. Robert Southard, Executive Coordinator, Padre Isles Property Owners
Association, commented about speeding in the canals and asked about the status of a
proposed ordinance for the City's waterways. A discussion followed on this issue and City
Manager Garza stated that he will provide the Council with a definitive report on this
matter.
Ms. Ilene Morris, spoke on behalf of a Mr. Younger regarding a piece of property
at 922 23rd Street. She indicated that the structure is scheduled to be torn down and
requested a thirty to sixty-day extension. Following a discussion on this issue, it was noted
that a staff member will meet with Ms. Morris regarding this matter, and City Manager
Garza assured her that the property will not be torn down today.
Mr. Ron Hudson, 3556 Austin, advised that the City Secretary's office is not
complying with State law regarding the cost of copies for the public.
Minutes
Regular Council Meeting
January 14, 1992
Page 11
Mr. Philip Rosenstein, 949 Bobalo, commented on an issue regarding emergency
home repairs for the elderly and disabled and a discussion followed in this regard.
A three-minute video film was shown on water releases at the Wesley Seale Dam.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 6:15 p.m. on January 14, 1992.
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 January 14, 1992, which
were approved by the City Council on January 21, 1992.
WITNESSETH MY HAND AND SEAL, this the 14th day of February, 1992.
h^,
Armando Chapa
City Secretary