HomeMy WebLinkAboutMinutes City Council - 02/21/1995I 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 February 21, 1995, which were approved
by the City Council on February 28, 1995.
WITNESSETH MY HAND AND SEAL, this 1st day of March, 1995.
Armando Chapa
City Secretary
SEAL
MICROPILmED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 21, 1995
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Edward Martin
Council Members:
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Clif Moss
Dr. David McNichols
David Noyola
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall, following
which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cooper.
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 February
14, 1995, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 1.a. and 1.b., downtown street closings for
"Buccaneer Days Rib Challenge" event.
Mr. Carl Crull, Group Manager for Public Works and Utilities, explained that the Buccaneer
Commission is proposing a new event for the festival on April 28-29, 1995. Since the proposal
involves closing a portion of downtown streets, staff is recommending that the Code of Ordinances
be amended to allow regularly scheduled events, such as Bayfest and Buccaneer Days, to charge an
admission fee, which would be established on a yearly basis. Responding to Mayor Rhodes, Mr. Crull
added that the admission fee for the "Rib Challenge" would be $1.00 and would be charged just for
that event, not for the other Buccaneer Days events.
Mayor Rhodes asked the members of the Buccaneer Commission who were present at the
meeting to stand and be recognized.
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Regular Council Meeting
February 21, 1995
Page 2
Mr. David Crow, President of the Buccaneer Commission, said the purpose of the event's
admission fee was to defray some of the expenses. He added that the Commission would produce
a quality event.
Council Member Moss commented that he supported the proposal, but added that it should
have been brought before the Council sooner.
Mr. Bob Tucker, Manager of the Buccaneer Commission, said the purpose of holding the "Rib
Challenge" downtown was to bring more people to that area. Responding to Council Member
Noyola, Mr. Tucker said that over the years, the Buccaneer Commission has donated approximately
$400,000 back to the community in various ways, including $20,000 for the U.S.S. Lexington,
$20,000 to the Texas State Aquarium, and $10,000 to the Sports Facility District. He acknowledged
that the last two years were not profitable for Buccaneer Days because of inclement weather, and the
"Rib Challenge" would be an expensive endeavor; therefore, the need for the admission fee.
1.a.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022157
Ordinance amending the Code of Ordinances, Chapter 49, Streets and Sidewalks, Section 49-
17, conditions and requirements for permit by adding a new subsection (q) authorizing City
Council to allow a regularly scheduled event such as Bayfest or Buccaneer Days to charge
an admission fee.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
1.b. M95-038
Motion approving the application by the Buccaneer Commission, Inc. to allow the Buccaneer
Commission to charge a $1.00 per person admission fee for the "Buccaneer Days Rib
Challenge" event and for closing the following street sections for activities associated with
the "Buccaneer Days Rib Challenge" event on April 28-29, 1995:
a. 500-600 blocks of North Chaparral (Schatzell Street - Starr Street)
b. 300-400 blocks of Peoples (Water Street - Mesquite Street)
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Minutes
Regular Council Meeting
February 21, 1995
Page 3
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, annexation of land for the factory outlet mall.
Mr. Tom Utter, Group Manager for Development Services, explained that the day's action
was the first reading annexing a portion of the 1H-37 right-of-way, the land on which the outlet mall
will be located, and a small tract of land belonging to the owner, Mr. Garnett Brooks. If approved,
the second reading would be held during the February 28, 1995 Council meeting, along with the
zoning of the property and various contracts to be approved.
Council Member Best and Mr. Utter reiterated that none of the land along Nueces River was
being annexed, only the land for the outlet mall.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
2. FIRST READING ORDINANCE
Annexing a 64 -acre tract, more or less, being a portion of the grant to Gregorio Farias,
Abstract Number 592, being also described as a portion of Tract 3 as described in the
Warranty Deed to Garnett T. Brooks and Patsy A. Brooks from Star Holding Company, Inc.
as recorded in volume 1754 at pages 634 through 640, inclusive, of the deed records of
Nueces County, Texas and a 57 acre parcel, more or less, containing six thousand five
hundred (6,500) lineal feet of Interstate Highway 37 right-of-way, for a total of 121 acres.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 3.a. and 3.b., outside city limits water service
contracts.
Group Manager Crull pointed out that the two proposed contracts dealt with the cemetery
and the recently constructed funeral home owned by Gibraltar Mausoleum Corp. (doing business as
Memory Gardens of Corpus Christi). He explained that Memory Gardens has had water service
since 1953. During World War II, a water line was constructed out to Old Brownsville Road to serve
Cuddihy Field; over time people connected onto the line prior to the city requiring an outside city
limits (OCL) water services contract in order to do so. He said Memory Gardens had to have part
of their property released from its designation as a burial ground in order to construct the funeral
home, and requirements for the OCL water contracts have been met; therefore, staff is recommending
approval of the proposals.
Minutes
Regular Council Meeting
February 21, 1995
Page 4
Responding to Council Member McNichols, Mr. Crull said the water line is small, and the
more people who are added to it will create a problem. He said before the Memory Gardens funeral
home was constructed (when only the cemetery existed), the company had installed an equalization
tank for irrigation purposes so as not to adversely affect the water pressure for the rest of the
customers in that area. He added that due to increased consumption with the funeral home and for
adequate fire protection, Memory Gardens installed another 10,000 -gallon tank which will be filled
during off -demand hours. Mr. Crull said some time in the future the city will have to consider a
capital improvement program to replace and upgrade those water lines.
In response to Council Member Martin, Mr. Crull said the city limits are located almost two
miles from Memory Gardens, and there is a 16 -inch line in a loop system at Old Brownsville Road
and down Saratoga Boulevard; therefore, users inside the city limits will not be affected. He added
that the city has taken over the maintenance of the 4 -inch water line since 1953, in order to continue
service to customers along Old Brownsville Road who had connected to it.
Responding to another question from Mr. Martin, Mr. Crull said the standard OCL contract
states that when the city's annexed property becomes continguous with the property owned by
Memory Gardens, then that land would automatically be annexed. Mr. Martin then asked why the
proposed ordinance was being considered on an emergency basis, and Mr. Crull replied that staff had
been working with Gibraltar for some time, and the company would like to complete their
transactions soon.
Mayor Rhodes called for comments from the audience.
Mr. Jimmy Till, 1265 Southern Minerals Road, said he had many friends living near Old
Brownsville Road, and he asked if the residents had been informed of the proposal. He also
expressed concern about passing the ordinance as an emergency.
Referring to Mr. Till's concerns, Mr. Crull reiterated that Memory Gardens had installed an
additional 10,000 -gallon water storage tank with an appropriate fire hose connection, as well as the
proper equipment to control the way the tank is filled. Mr. Martin asked who provided fire
protection to Memory Gardens, and Mr. Crull said it is not located in any rural fire protection district.
Therefore, if there were a fire, the city would respond and then charge the business, since it is located
outside the city limits. A brief discussion ensued regarding fire protection, and Mr. Martin asked staff
to investigate the situation.
Mayor Rhodes stated that since there were questions regarding the OCL water service
contracts, the proposals would be considered on two readings.
Council Member Noyola said he had received phone calls from residents in the Rose Acres
area with concerns about low water pressure.
Council Member Longoria also expressed concern about the water pressure in the area. Mr.
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Regular Council Meeting
February 21, 1995
Page 5
Crull stated that the 4 -inch water line is already inadquate. He said staff has attempted to take every
safeguard so that Memory Gardens can operate their facility while not adversely affecting the existing
customers.
Regarding fire protection services, Mr. Martin asked staff to also investigate whether water
service rates reflect payment for fire protection.
City Secretary Chapa polled the Council for their votes as follows:
3.a. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute an Outside City Limits
Water Service Contract with Gibraltar Mausoleum Corporation dba Memory Gardens of
Corpus Christi for the purpose of providing water to an approximately 82 -acre tract described
in six tracts as described in Volume 577, Pages 402-407; Volume 820, Pages 288-290;
Volume 2021, Pages 880-882; Volume 2021, Pages 877-879; Volume 2021, Pages 873-875;
and Volume 2042, Page 654, et seq, all in the Deed Records of Nueces County, Texas save
and except a 3.0 acre tract out of the S.E. portion of said 35 acre tract described in Volume
56, Page 43, map records of Nueces County, Texas.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
3.b. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute an Outside City Limits
Water Service Contract with Gibraltar Mausoleum Corporation dba Memory Gardens of
Corpus Christi for the purpose of providing water to a 3.0 acre tract described in Volume 56,
Page 43, map records of Nueces County, Texas; and authorizing the City Manager or his
designee to execute an assignment of this Outside City Limits Water Service Contract from
Gibraltar Mausoleum Corporation dba Memory Gardens of Corpus Christi to Gibraltar
Services, Inc. dba Memory Gardens Funeral Home.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes announced that Item 5 on the day's agenda was being withdrawn. She then
opened discussion on Item 4, approval of a Small Business Administration tree planting grant.
Mr. Malcolm Matthews, Director of Park and Recreation, explained that the Small Business
Administration has supplied funds to the Texas Forest Service the last three years to help fund small
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Regular Council Meeting
February 21, 1995
Page 6
businesses of 100 people or less in Texas who are in the tree and irrigation business. Each year
Corpus Christi has successfully competed for the grants, and the department needs approval for the
1995 grant proposal. He said the city's share of the grant entails $20,000 taken from the Park Trust
Fund and the Golf Fund, and would involve planting 300 trees and palms at 11 different parks.
Council Member Noyola said Hector P. Garcia Park and a neighborhood park on Acushnet
have little or no trees. Mr. Matthews responded that money in the Park Trust Fund will be used to
acquire grant funding for parks that have not received grants.
Council Member Moss noted that there were no trees in the north and west areas of Cole
Park. Mr. Matthews said Cole Park was funded last year, but the project is not yet complete.
Council Member Longoria also noted that McNorton park needed more trees.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
M95-039
Motion authorizing the City Manager or his designee to execute a grant agreement with the
Texas Forest Service to receive assistance from the Small Business Administration (SBA)
National Tree Planting Program for $39,500 which includes $19,500 in federal funds and
$20,000 in City match to purchase and install trees in public parks.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
5. WITHDRAWN
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on Items 6.a. through 6.d. pertaining to the Dune
Protection and Beach Access Plan.
Group Manager Utter said the proposal is the result of a number of meetings attended by
several groups and individuals, many of which he named. He said in August 1993, the Council
adopted the Dune Protection and Beach Access Regulations and Plan, which were conditionally
approved by the General Land Office (GLO) of the state. He also noted that there are four wording
amendments to Item 6.b., which the Council received before the meeting.
Minutes
Regular Council Meeting
February 21, 1995
Page 7
Referring to beach access, Mr. Utter said the proposal has been completely changed from
previous proposals. This proposal calls for the purchase of approximately three acres of land located
between the seawall and Windward Drive to allow for the parking of about 300 cars. If that is
accomplished, then vehicular traffic in front of the seawall would be eliminated. In addition, north
of the state park, staff is proposing the acquisition of an additional six beach access points --parking
areas with beach walk -overs, not roadways. He said the GLO and the Attorney General's Office are
in agreement with those aspects of the plan, and the GLO has agreed to assist the city in seeking
federal or state funding. He said the proposal also included a resolution requesting Nueces County
to administer safety regulations for the beaches, particularly in front of the seawall.
Mr. Utter said one of the greatest benefits of this plan is the interaction that has resulted
among the development community, various environmental groups and the public sector. He added
that the proposal is requiring the standard 5% dedication of park land along North Padre Island,
which would be used for beach access.
Responding to Council Member McNichols, Mr. Utter said the biggest change in the proposal
is the deletion of the requirement of a parallel road between the beach and the park road; also
eliminated is the requirement for the property owners to provide pedestrian walk -overs every 1,500
feet. In their place are the acquisition of property behind the seawall and six tracts north of the state
park. Another aspect that was eliminated was the financial assurance that used to be required by the
state. Mr. Utter also discussed the inclusion of a shorter form of the permitting process for both the
beachfront construction certification and dune protection permit.
In response to another question from Dr. McNichols, Mr. Utter addressed the issue of where
the dune protection line should be located, and the staff recommends at the seawall. In light of that
issue, he said the General Land Office has requested that any sand that is present 500 feet behind the
seawall (which is usually up to Windward Drive) should not be removed.
Council Member Galindo asked about funding the acquisition of land for parking. Mr. Utter
said the state has agreed to pursue funding sources. In response to another question from Mr.
Galindo, Mr. Utter said the city has approximately 24.7 miles of jurisdiction of the beach area; of that,
about 77.8% is publicly owned between the roadway and the beach, and only about 23% is privately
owned, which he described.
Replying to Council Member Moss, Mr. Utter said this proposal is solely to satisfy state
requirements on beach and dune regulations. The Coastal Management Plan is different in that it
establishes a review body (the Coastal Coordinating Council), which only reviews very limited
permits and activity. Mr. Utter also discussed again the issue of land dedication.
Mr. Moss then asked how this proposal correlates with Nueces County's dune protection plan.
Mr. Utter explained that under state law, beach access is given to cities only, and dune protection is
given to counties, which are allowed to delegate that protection to cities. Nueces County has
delegated dune protection to Port Aransas. The Corpus Christi City Council has requested that dune
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Regular Council Meeting
February 21, 1995
Page 8
protection delegation be granted to Corpus Christi, but Nueces County has not yet done so; however,
Kleberg County has delegated dune protection to Corpus Christi. City staff has met with Nueces
County Judge Richard Borchard and County Commissioner Joe McComb to coordinate the city's
proposal with the county's dune protection regulations.
Council Member Cooper asked about the cost of the permits, and Mr. Utter said there is no
cost. Mr. Brandol Harvey, Director of Planning and Development, said there are three possibilities
in the permitting process, which he described in detail.
Responding to Council Member Best regarding dune protection delegation, Mr. Utter said
he thought Nueces County was waiting to see if the General Land Office will approve the city's plan
before taking that action. He said staff would report to the Council with any updates on that
situation.
Dr. Best then asked City Attorney Bray if he should disqualify himself from voting on these
items because he owns property in the Terra Mar tracts on the beach. Mr. Bray said he thought Dr.
Best should do so.
Mr. Moss asked about the short forms of the permits, and Mr. Harvey said the short form for
dune protection has not yet been drafted, but it may only consist of one paragraph; the short form for
the beachfront construction certificate is 11/2 pages.
In reply to Mr. Galindo, Mr. Harvey said the state mandates that all of the property within
1,000 feet of mean high tide is suspect of having critical dunes, therefore they are subject to the
permitting process. Part of that process requires that the presence of critical dunes be determined.
Responding to another question from Mr. Galindo, Mr. Norbert Hart, Assistant City Attorney,
said that a person applies for either a dune protection permit or a beachfront construction certificate,
and it is reviewed by the Planning Commission and the General Land Office. If the GLO does not
approve the permit as requested, they will indicate what they feel would be appropriate for the site.
Staff then can agree or disagree with the GLO's comments; if staff disagrees, then the permit is issued.
At that point, the GLO can pull the city's certification or take the issue to court.
Mr. Galindo expressed concern about potential legal costs to developers. Mr. Utter replied
that developers have had to acquire a dune permit for many years because of the county's dune
protection regulations. He reiterated that the Planning Commission determines if a permit should be
issued --the decision is basically a local one. He added that with the input of many people, staff has
been able to develop a sound permitting process.
Council Member Noyola also asked about state funding, and Mr. Utter said the state is aware
that Corpus Christi does not have the money to acquire the land for parking areas. He added that
staff felt the state's assistance would be available.
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Regular Council Meeting
February 21, 1995
Page 9
Mrs. Cooper asked if the city of Galveston has a similar plan, and Mr. Utter said he thought
it did. He added that some areas of the Texas coast have been developed recently and the state has
approved that development.
Mayor Rhodes made a motion to amend Item 6.b. by adding the wording changes as
recommended by staff; the motion was seconded by Council Member Noyola and passed
unanimously.
Mayor Rhodes called for comments from the audience.
Mr. Ray Allen, 3718 Shore Drive, thanked the staff and elected officials for addressing the
public's concerns about future access to the beaches, and he said he supported the proposal. He
added that the community needs to recognize the importance of the beaches to the tourist industry.
Mr. Foster Edwards, Executive Vice President of the Corpus Christi Board of Realtors,
introduced the board's President, Mr. Richard Witt. He said the Board of Realtors has worked with
staff and other groups in settling issues that had been raised about the proposal, and they now support
it.
Mr. Al Jones, 402 Miramar Place, and Chairman of the Board of the Greater Corpus Christi
Business Alliance, said the alliance had formed a task force to study this issue. As a result of the
staffs cooperation with several groups on this plan, the board voted unanimously to endorse it. He
added that the alliance is going to continue working on aspects of the Coastal Management Plan.
Mr. Gene Urban, Chairman of the alliance's task force on the issue, said that the proposal will
be very beneficial. He noted that the spirit of cooperation that came about should be applied to other
projects in the future.
Ms. Elizabeth Walker, 13969 Dasmarinas, thanked the staff, the Planning Commission, the
Transportation Advisory Board and others for working on the proposal. She said the Property
Owners Association is anticipating granting two easements to the city for access.
Ms. Pauline Clark, representing the League of Women Voters, said the league supported the
city's dune protection/beach access plan. She noted that the league began working on the issue
beginning in the 1960s, and during the 1970s became involved in studying the dunes when dune
buggies began destroying them. She added that the state needs a Coastal Management Plan since a
significant portion of the state's human, natural and recreational resources are located in coastal areas.
City Secretary Chapa polled the Council for their votes as follows:
6.a. FIRST READING ORDINANCE
Amending the Dune Protection and Beach Access Plan, an element of the City of Corpus
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Regular Council Meeting
February 21, 1995
Page 10
Christi Comprehensive Plan; amending the City's development objectives, policies, and
programs for affected areas on Mustang and Padre Islands; providing for severance; and
providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best abstaining.
6.b. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, by amending Chapter 10,
Beachfront Management and Construction, by amending provisions: regulating the erection,
construction, reconstruction, alteration, and repair of buildings and structures within the
beachfront construction and dune protection area; regulating the alteration of dunes;
providing for issuance of dune protection permits and beachfront construction certificates and
for the approval of such permits and certificates; providing for the approval of master planned
developments within the dune protection and beachfront construction area; regulating traffic;
establishing public access to the public beaches; regulating use of the public beach area;
adopting maps showing the actual location and boundaries of the dune protection and
beachfront construction areas; providing for certain exceptions, for enforcement, for penalties
for violation of any of the provisions of the ordinance, for future changes and amendments
to the ordinance, and defining the various terms and words used in the ordinance; providing
for severance; and providing for publication.
The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best
abstaining.
6.c. RESOLUTION NO. 022158
Resolution requesting Nueces County to adopt and administer traffic safety regulations within
the Gulf Beach area of the City of Corpus Christi.
The foregoing resolution passed by the following vote: Rhodes, Cooper, Galindo, Longoria,
Martin, McNichols, Moss, and Noyola voting "Aye"; Best abstaining.
6.d. RESOLUTION NO. 022159
Resolution requesting the Texas General Land Office and other state agencies to use their
best efforts to work with the City of Corpus Christi to pursue funding to purchase land for
the purpose of creating public access ways to and from the public beaches of the Coastal
Bend.
The foregoing resolution passed by the following vote: Rhodes, Cooper, Galindo, Longoria,
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Regular Council Meeting
February 21, 1995
Page 11
Martin, McNichols, Moss, and Noyola voting "Aye"; Best abstaining.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following item:
7. The Transportation Element of the City of Corpus Christi Comprehensive Plan: An ordinance
amending and adopting the Transportation Element of the City of Corpus Christi
Comprehensive Plan (The Urban Transportation Plan) adopted by the City Council on April
21, 1965 as amended, revised, and updated by making additions, deletions, and changes to
the street network in the Southside, Westside, Port/Airport/Violet, North Central, South
Central, Oso Parkway, and Mustang -Padre Island areas; adopting new street cross sections;
adopting those transportation portions of the Southside, Westside, Port/Airport/Violet, North
Central, and South Central areas previously approved by resolution and adopting the
Southside, Westside, Port/AirportNiolet, North Central, and South Central Area
Development Plans previously approved by resolution.
Mayor Rhodes said the Planning Commission and staff recommended approval.
Responding to Council Member Moss, Planning Director Harvey said the Transportation Plan
at this level addresses the right-of-way and the number of lanes; it does not address the design
standards, which are a function of the platting ordinance which was recently amended. Group
Manager Crull noted that the platting ordinance amendments dealt primarily with residential streets,
but they also addressed neighborhood and commercial collector streets, as well as industrial streets.
Mr. Moss also asked if Mustang Trail would be extended over Staples and South Padre Island
Drive into Betty Jean Lane. Mr. Harvey responded that the Mustang Trail project was not being
considered in the proposed Transportation Element. He added that the Southeast and Southside
plans were currently being considered, and that project might be addressed this year. Mr. Moss said
he thought the Betty Jean Lane project would relieve traffic congestion at Staples and South Padre
Island Drive, and it should be evaluated as soon as possible.
In response to Council Member Martin, Mr. Harvey said the proposal included some changes
to the Area Development Plans that the Council had not yet approved. Mr. Martin suggested that
the Council members, particularly those representing the city's five districts, carefully review the
proposed changes before the second reading of the ordinance, since some of the changes are major.
He cited the example of the proposal to change Wooldridge Road between Cimmaron Boulevard and
Rodd Field Road to an arterial street.
Mr. Martin also raised the question of driveways on Oso Parkway. Mr. Harvey explained
that, currently, there are sections of Oso Parkway where properties are served by alleys; therefore,
according to the plan, driveways are not allowed in order to minimize the amount of traffic "friction"
on Oso Parkway. However, the proposed amendment would, in some cases, allow driveways to Oso
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Regular Council Meeting
February 21, 1995
Page 12
Parkway even when lots are served by alleys.
Mr. Harvey pointed out that a major change being proposed dealt with property between
State Highway 361 and the beach, and Park Road 22 and the beach. The recommendation is for cul-
de-sacs to be allowed in that area that exceed the current maximum length as stated in the platting
ordinance. In addition, it is recommended that curbs and gutters not be required there.
Mr. Martin asked if the plan called for moving the Saratoga/Old Brownsville Road
intersection southward. Mr. Harvey said he thought that recommendation had been made in the
Port/Airport/Violet Area Development Plan already adopted by the City Council. Mr. Martin
questioned the necessity of that proposal when there were other, more important projects in the city.
Mr. Harvey replied that one aspect of that proposal was the state's interest in developing a loop
system around the city; another was the development of the Airport Industrial Park. A brief
discussion ensued.
Mr. Martin said that years ago, one of the city's 10 -year goals was the development of
Saratoga from Rodd Field Road to Agnes, and eventually all the way to IH -37 or Highway 44, which
would have constituted a "back -door loop" for the city. He said the plan appears now to develop
Saratoga around the west side of the airport. Mr. Crull agreed that that was the plan, and described
some of the other plans associated with that project. Mr. Martin asked if the realignment proposal
would be too expensive to complete, and Mr. Crull replied that the realignment provided some
opportunities for funding in conjunction with the Texas Department of Transportation.
Responding to Council Member Galindo, Mr. Crull said that changes to the Area
Development Plans went through a series of public hearings.
In reply to a question from Council Member Longoria, Mr. Crull said all of the Transportation
Elements of the Area Development Plans, as well as the previous Transportation Plan, are somewhat
conceptual in nature, and may vary from the final development. Mr. Crull also discussed the general
concept of the Saratoga Loop, as well another loop outside Saratoga that would be part of the
Chapman Ranch plan.
Mayor Rhodes called for comments from the audience, and there were none.
Council Member Best made a motion to close the public hearing, seconded by Council
Member McNichols, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
FIRST READING ORDINANCE
Amending and adopting the Transportation Element of the City of Corpus Christi
Comprehensive Plan (The Urban Transportation Plan) adopted by the City Council on April
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Regular Council Meeting
February 21, 1995
Page 13
21, 1965 as amended, revised, and updated by making additions, deletions, and changes to
the street network in the Southside, Westside, Port/Airport/Violet, North Central, South
Central, Oso Parkway, and Mustang -Padre Island areas; adopting new street cross sections;
adopting those transportation portions of the Southside, Westside, Port/Airport/Violet, North
Central, and South Central areas previously approved by resolution and adopting the
Southside, Westside, Port/Airport/Violet, North Central, and South Central Area
Development Plans previously approved by resolution.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 8 through 15, and Council Members requested that
Items 8 and 11 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
M95-041
Motion approving a contract with EMCON for engineering services to assist the City in the
preparation of landfill permit modification(s) and to address potential landfill gas migration
at the J.C. Elliott Landfill as required by the Texas Natural Resource Conservation
Commission (TNRCC) and Subtitle D MSW Regulations. The cost of the services will not
exceed $196,000. Funding for this contract is provided in the Solid Waste Services
Department operating budget.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin voting "No."
10. M95-042
Motion authorizing the City Manager or his designee to submit an application and to execute
all documents necessary to enter into a contract with the Corporation for National and
Community Service, a federal volunteer agency, for the continuance of the Retired and Senior
Volunteer Program (RSVP) during the FY 95-96 grant period. The total budget proposed
for RSVP for 95-96 is $112,913. This includes $44,211 in Corporation funds, $11,638 from
the Texas Department on Aging, and a City match of $57,064. These funds are included in
the FY 94-95 City budget.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Minutes
Regular Council Meeting
February 21, 1995
Page 14
12. ORDINANCE NO. 022160
Ordinance governing City elections in 1995, including appointment and compensation of
election officials, voting systems, ballot boxes, and Central Counting Station.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
13. ORDINANCE NO. 022161
Ordinance closing and abandoning a 2.5 -foot wide by 26 -foot long portion of a 7.5 -foot wide
utility easement in Lot 4, Block 7, Brighton Village, Unit 4, subject to compliance with the
specified conditions; and the owner replatting the property within 180 days at owner's
expense.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting
"Aye."
14. ORDINANCE NO. 022162
Amending the Code of Ordinances, Chapter 53, Traffic, Article VI, Standing and Parking,
Division 4, Parking Meters, Section 53-180, Definitions, to add Martin Luther King, Jr. Day
as a holiday; providing for severance; providing for publication; and forgiving all parking
tickets issued on January 16, 1995 and authorizing the refund of all fines already paid.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
15. ORDINANCE NO. 022163
Authorizing the City Manager or his designee to execute a five-year concession contract and
lease with Christine Heinesh for concession operations at the Greenwood Softball Complex,
at a variable rent from $100 to $350 per month depending on number of teams playing for the
months when teams do play.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 8, supply agreement for dumpster route service.
Minutes
Regular Council Meeting
February 21, 1995
Page 15
Council Member Martin asked staff to consider making the city's vehicles capable of providing
this service. City Manager Garza replied that a study had been conducted years ago, but it was not
renewed at this time. Mr. Martin suggested that a comparison be done before the proposed contract
is extended.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
8. M95-040
Motion approving a supply agreement for dumpster route service in accordance with Bid
Invitation No. BI -0117-95 with Corpus Christi Disposal Service, Corpus Christi, Texas,
based on the low bid of $49,464. The term of the contract will be twelve months with option
to extend for up to two (2) additional twelve-month periods subject to the approval of the
supplier and the City Manager or his designee. This service will be utilized by various City
facilities. Funds have been budgeted in FY 94-95 by the appropriate departments.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 11, Old Brownsville Road street project.
Council Member McNichols asked why it was so expensive to change the grade of the side
slopes of the drainage channel through the Gabe Lozano Golf Course. Mr. Crull replied that it
requires quite a bit more dirt to do that. He added that the original design called for a 3:1 slope, but
it would have been more difficult to maintain with mowers; therefore, staff was recommending
softening the slope to 4:1. In addition, some of the dirt that is removed will be taken to Garcia Park
to fill in some low areas there.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
11. M95-043
Motion approving Change Order No. 1 in the amount of $40,000 to the contract with Bay,
Inc. for outfall channel improvements required in association with the Texas Department of
Transportation (TXDOT) Old Brownsville Road (FM665) street project.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo,
Minutes
Regular Council Meeting
February 21, 1995
Page 16
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Garza reviewed some of the reports
he had provided to the Council. Regarding the Ethel Eyerly parking lot, he said there had been some
problems in acquiring the land, but construction is expected to be completed by July 1995. Staff will
recommend a design consultant for the Northwest Senior Center during one of the March Council
meetings. Referring to the repair of Horne Road, he said a penalty was assessed against the
contractor for not completing the project satisfactorily; city crews should complete the repairs in
March. During the next Council meeting, the budget will be discussed as will the outlet mall actions.
In her update, Mayor Rhodes said that during the recent dog show held in Corpus Christi, she
had received many compliments about Jeff Beynon, Animal Control Supervisor. She also noted that,
according to a report from Police Chief Henry Garrett, there was a 50% decrease in burglaries
involving juveniles between the hours of 6 a.m. and 6 p.m. during the last three months.
Mayor Rhodes called for Council concerns and reports.
Council Member Best announced that there would be a meeting of the Consolidation
Committee at noon on March 3, 1995 at City Hall. The Mayor said she would call County Judge
Borchard about appointments to that committee.
Council Member Martin asked about recommendations made by the Cable Communications
Commission during their February 20 meeting regarding the airing of the "Race and Reason" program
on TCI Cablevision. Mr. Garza said that issue would be addressed during the February 28 Council
meeting. Mr. Martin asked staff to prepare an alternate recommendation that the number of
violations allowed be reduced to two before a program is removed from the public access channel.
Mayor Rhodes noted that the National League of Cities suggested two different cities from which to
request information regarding that television show.
Council Member Cooper said she had recently visited the U.S.S. Lexington Museum on the
Bay and was impressed with the recent additions of airplanes there. She also thanked Mr. Loyd Neal,
Chairman of the South Texas Military Facilities Task Force, for his work in organizing the February
16 meeting in Washington, D.C. about possible base closures.
Council Member Longoria said that also on February 16, she hosted the Region XI meeting
of the Texas Municipal League at the Corpus Christi Museum of Science and History. Many TML
members attended, including Mr. Max Wells, TML President. Mrs. Longoria thanked City Secretary
Chapa and his staff, as well as other city employees, for their efforts in making the meeting successful.
Council Member Moss asked about the schedule of completion for the Crosstown Expressway
extension. Mr. Garza said the city has requested assistance in funding this project, but he has not yet
Minutes
Regular Council Meeting
February 21, 1995
Page 17
received any information about it.
Council Member McNichols requested that staff investigate a composting proposal he had
received from a private firm.
Council Member Noyola asked about street sweeping in the city, and Mr. Garza replied that
there were no plans to conduct street sweeping in neighborhoods in the near future. Mr. Noyola also
raised the issue of low water pressure in the Rose Acres area on Old Brownsville Road.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. Phil Rosenstein, 949 Bobalo, referred to the specially called Cable Communications
Commission meeting held on February 20, 1995. He commented that the minutes of the previous
regular Cable Commission meeting were not yet available. He expressed concern about the
membership of the commission, noting that two of the five members were absent during the February
20 meeting. He also raised the question about defining community standards of obscenity.
Referring to comments made by Mr. Rosenstein, City Attorney Bray said that the Cable
Commission did include a lengthy period of public comment during the February 20 meeting. After
hearing the public's remarks, the commission members voted to remove their previous action and
passed a new motion. He added that a fourth commissioner arrived to the meeting late and did vote
on the item.
Council Member Martin suggested that staff prepare the minutes for the various boards and
commissions sooner than right before the boards' next meeting. Mr. Bray said that staff did not have
the minutes for the Cable Commission meeting prepared because the February 20 meeting was a
special meeting.
Mayor Rhodes pointed out that the Cable Commission members and all board and commission
members are unpaid volunteers who are willing to handle difficult issues for hours at a time. She said
citizens should be more appreciative of their contributions.
Upon verification from Mr. Bray, Council Member Best said that the minutes are available
to the citizens. The Mayor added that the boards and commissions create additional work for the
staff, but they also allow many citizens to participate in the process of city government.
There being no further business to come before the Council, Mayor Rhodes declared the
Council Meeting adjourned at 4:15 p.m. on February 21, 1995.
* * * * * * * * * * * * *