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HomeMy WebLinkAboutMinutes City Council - 01/08/1985PRESENT: a MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 8, 1985 2:00 P.M. Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. City Manager Edward A. Martin Welder Brown City Attorney J. Bruce Aycock * Leo Guerrero Acting City Secretary Dorothy Zahn ** Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Assistant Minister Bob Inglish of the Reach Out for Christ Ministries, following which the Pledge of Allegiance to the Flag of the United States was led by Amy Utter, daughter of Assistant City Manager Tom Utter. Acting City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Turner that the minutes of the Regular Council Meeting of January 2, 1985 be approved as presented, seconded by Council Member Mendez and passed unanimously. Mayor Jones then administered the oath to the following new appointees to City Boards and Commissions: Sister City Committee, Mr. Ramon C. Lopez and Ms. Linda Landreth; Landmark Commission, Mr. Leonel Fernandez, Jr. and Mr. Joe Flores. * * * * * * * * * * * MICROFILMED Minutes Regular Council Meeting January 8, 1985 Page 2 Mayor Jones noted that Mayor Pro Tem Turner had a guest present in the audience and asked that she introduce him to the Council. Mayor Pro Tem Turner then introduced Mr. Paul R. Pierce, new Director of the Harbor Playhouse. Mr. Pierce assured the Council that the Harbor Playhouse is attempting to establish a theatrical centerpiece for the City; it is presently operating with an entirely new staff; and presented the Council with copies of the new schedule for the Harbor Playhouse. Mayor Jones announced the bid opening on the following engineering projects: 1. Riverview Trail Street Improvements - Providing for the construction of new pavement, curb and gutter, sidewalks, and an underground storm sewer system in Riverview Trail from Smith Drive to River Forest Drive. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Claude Chapman Construction Company; Heldenfels Brothers Construction Company; King Construction Company; A. Ortiz Construction & Paving Company; and P & R Construction Company. Mayor Jones asked that Mr. Lontos explain the scope of this project, and Mr. Lontos replied that this project is near the 5 Points area; the property owners had signed the petitions for the construction of new pavement, curbs and gutters, sidewalks, etc.; and that this was one of the 1982 Voluntary Paving projects. 2. Lakeview Acres Sanitary Sewer Improvement - Providing for the construction of sanitary sewer collection lines in Lakeview Acres Subdivision, located at Holly Road and Rodd Field Road. This is a 1982 Supplemental Wastewater Capital Improvement Project. Assistant City Manager Lontos opened bids on this project from the following companies: Cactus Utility Company; Claude Chapman Construction Company; and P & R Construction. Mr. Lontos verified that the necessary bid security bond had been submitted with each bid. Noting that the apparent low bidder, P & R Construction Company, had bid a little over half of the engineer's estimate, Mayor Jones inquired of Mr. Lontos if this company had done business for the City before and where the company was located. 1ites ..gular Council Meeting January 8, 1985 Page 3 Assistant City Manager Lontos informed the Council that he was not sure if this company had performed work for the City before but that the company was located in Conroe, Texas. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * * * * Mayor Jones called for consideration of the following item from the supplemental agenda: Confirming the appointment by the City Manager of Richard R. Stryker to the position of Museum Director. A motion was made by Mayor Pro Tem Turner that the foregoing item be approved, seconded by Council Member Brown and passed unanimously. Acting City Secretary Dorothy Zahn polled the Council for their vote on the ordinance and it passed as follows: RESOLUTION NO. 18626: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 3, OF RICHARD R. STRYKER TO THE POSITION OF MUSEUM DIRECTOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, Mendez and Slavik voting, "Aye"; Guerrero and Kennedy, "absent at the time the vote was taken". Mayor Jones of Homeporting consideration. Washington. (A Secretary.) * * * * * * * * presented the Council with information on the total area effort and discussed the depths of the various locations under He distributed and reviewed charts used on his trip to copy of the charts are on file in the Office of the City * * * * * * * * * Council Member Leo Guerrero arrived at the meeting at 2:25 p.m. s Minutes Regular Council Meeting January 8, 1985 Page 4 Mayor Jones then called for consideration of the Consent Motions on the following items: 1. Authorizing the City Manager to enter into a cooperative agreement with the Corpus Christi Independent School District for food items, supplies and other related items for the Elderly Nutrition Program, and approving joint specifications. 2. Approving a twelve month supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for portable chemical toilet service, to Sani-Can, for $10,296.00 based on low bid. This service is used by Gas, Parks, Water and Sanitation Divisions. 3. Approving the purchase of one three -wheel motor vehicle for use in the Parking Control Activity, from Watson Distributing Company, based on low bid, for the amount of $7,224.68. This item is included in the 1984-85 Capital Outlay. 4. Approving twelve month supply agreements, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for water treating chemicals, for Water Division, based on low bids, as follows: a. U.S. Gypsum Company Calcium Oxide Est. 1083 Tons @ $68.59 Total: $74,282.97 c. Sure -Grow Solutions, Inc. Anhydrous Ammonia Est. 144 Tons @ $250.00 Total: $36,000 GRAND TOTAL: $164,948.73 b. McKesson Chemical Company Sodium Silicofluoride Est. 102 Tons @ $348.88 Activated Carbon Est. 20 Tons @ $594.00 Total: $47,465.76 d. Dixie Petro -Chem Copper Sulphate Est. 8 Tons @ $900.00 Total: $7,200.00 5. Approving the purchase of a replacement sanitary landfill scraper from B.D. Holt Company for $196,319 which includes trade-in, and approving a five year agreement with B.D. Holt Company in the amount of $54,384 for full maintenance on the scraper. Council Member Mendez referred to item 5 and suggested that this item be tabled to allow for additional information concerning the specifications, particularly as they pertain to the maintenance of the equipment. &uses A pular Council Meeting January 8, 1985 Page 5 a Mayor Jones disagreed with Council Member Mendez, stating that the letter dated January 3, 1985 by B. D. Holt Company clarified the questions previously addressed to by Mr. Anderson and urged the Council move forward in approving the recommendation by the staff since no one else had submitted a bid on this. Council Member Mendez reiterated that there is a need to look at other areas of the specifications as it pertains to the cost of machinery. He stated that it was his understanding that there would be a bid for this type of machinery in two or three weeks in San Antonio and suggested that this item be tabled until the Staff has an opportunity to see what the bids for this machinery would be in that city. Mayor Jones inquired of City Manager Martin if the current 1972 landfill scraper was in operation and if there would be any problem in delaying this further, and City Manager Martin replied that there would not be any problem because the City had two models at the present time and usually one or the other would be in operation. A motion was made by Council Member Mendez that item 5 be delayed until after the San Antonio bid opening; seconded by Council Member Guerrero. A gentleman in the audience requested permission to speak in regard to the motion, and Mayor Jones informed him that a motion to table is not debatable. Mayor Jones then called for the vote on the motion to table item 5 and it passed by the following vote: Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Turner and McComb, "Nay"; Kennedy, "absent at the time the vote was taken". There were no comments from the audience on the Consent Motions. A motion was made by Mayor through 4 be approved; seconded following vote: Jones, Turner, Mendez and Slavik voting, "Aye"; taken". Pro Tem Turner that Consent Motions items 1 by Council Member Mendez; and passed by the Berlanga, Brown, Guerrero, Kennedy, McComb, Kennedy, "absent at the time the vote was * * * * * * * * ** Council Member Kennedy arrived at the meeting at this time. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 6 through 12. Mayor Pro Tem Turner referred to Ordinance No. 8 in regard to the appraisal services in connection with the Navy Clear Zones Land Acquisition Project and asked for an explanation. Minutes Regular Council Meeting January 8, 1985 Page 6 Assistant City Manager Lontos explained that because there are so many parcels involved, the Staff is recommending doing spot appraisals and not necessarily appraising every one of them. Mayor Pro Tem Turner also inquired if the City is using the same appraisal firm this time as in the past and if the property owners were basically agreeable to the City's appraisals, and Mr. Lontos replied in the affirmative. Council Member Slavik inquired as to how many more parcels were to be acquired for this project and Mr. Lontos replied that the City has acquired more than 50% at this time and there are about thirty more to be acquired. Mayor Jones referred to Ordinance No. 10 which completes the appropriation and transfer financing for a number of projects and inquired if the $52,820.77 appropriated from the Palms Up Trust Fund would be used for anything other than for the palm tree replacement. City Manager Martin explained that this is the formal action to set up various accounts but that the funds designated for palm trees will be used strictly for that purpose. Council Member Mendez also referred to Ordinance No. 10 and inquired if the appropriation of $337,520 was strictly from CDBG funds and Mr. Utter replied that it was, adding that the grant from the Parks and Wildlife was immediately put into the bond fund. Mayor Jones referred to Ordinance No. 12 regarding the assignment of the baitstand lease from Mr. Ruben V. Lara to Mr. Stewart Platis and Mr. Dimitrios Gouziotis and inquired if the City staff had any knowledge as to their credit ability. Assistant City Manager Utter replied that Mr. Platis owns a local car lot and Mr. Gouziotis is a shrimper; they are both in good standing in the community; they are very capable and responsible people; and that the staff will be monitoring their operation very closely. Council Member Berlanga inquired if Mr. Lara had voluntarily agreed to this, and Mr. Utter replied that the Staff was forced to threaten cancellation of the lease because he was six months late in making his lease payments; the Staff had offered Mr. Lara the option to assign the lease to somebody; Mr. Lara had worked out the deal with these two gentlemen; and they are paying off Mr. Lara's debt to the City. There were no further comments from the Council on the Consent Ordinances Nos. 7 through 12. City Manager Martin referred to the four second and third reading ordinances which had been posted as a supplemental agenda and suggested that the Council might want to consider them at this time. nutes gular Council Meeting January 8, 1985 Page 7 Mayor Jones called for comments from the Council on the ordinances, including those listed on the supplemental agenda. Ms. Barbara Killebrew, a Paralegal Assistant for Brin & Brin Attorneys, referred to ordinance (d) of the supplemental agenda as it pertains to redefining the definition of "commercial vehicles" and stated that the definition of "commercial vehicles" is causing their law firm problems. She stated that her law firm has numerous deliveries to be made; they used the magnetic signs and parked in loading zones, but would no longer be allowed to do this. Ms. Killebrew suggested another solution to this. City Manager Martin stated that this is true and that is what is creating the problem in that the loading signs are being used by delivery vehicles; it has become a very common practice to use the magnetic signs; and that possibly some very short-term parking meters could be installed. He stated that the problem was a legitimate use of the function and that the way to get around it would be to letter the vehicle to indicate that it is a commercial vehicle. Council Member Kennedy suggested that the Transportation Advisory Board look at possibly designating the short term parking meters for delivery services. Assistant City Manager Tom Stewart stated that there would be a possibility of installing the meters. Council Member Mendez concurred with Dr. Kennedy's suggestion that the matter be referred to the Transportation Advisory Board for review. There were no further comments from the audience on the ordinances. Acting City Secretary Dorothy Zahn polled the Council for their vote on the ordinances and the following were passed: 6. ORDINANCE NO. 18627: APPROPRIATING $1,000 FOR THE CONTRACT WITH TRIARCH CORPORATION AND RELATED TESTING SERVICES APPLICABLE TO THE GREENWOOD SENIOR CITIZENS PARKING LOT EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 7. ORDINANCE NO. 18628: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI FOR THE LEASE OF WIGGINS PARK; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting January 8, 1985 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 8. ORDINANCE NO. 18629: APPROPRIATING $10,000 FROM THE AIRPORT HAZARD ELIMINATION FUND FOR APPRAISAL SERVICES FOR THE ACQUISITION OF PARCELS OF LAND IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 9. ORDINANCE NO. 18630: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN H. THOMASON BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON LOTS 8, 9, AND THE NORTH 4 FEET OF LOT 7, BLOCK 1, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 10. ORDINANCE NO. 18631: APPROPRIATING $183,583.17 FROM THE PARADE PLACE FUND BALANCE; APPROPRIATING $52,820.77 FROM THE PALMS UP TRUST FUND NO. 111-243.90; APPROPRIATING $337,520 FROM THE 9TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 162-152-807.07-502; FOR TRANSFER TO THE PARK BOND FUND NO. 291, $573,923.94 FOR VARIOUS PROJECTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 11. FIRST READING: AMENDING THE FLOOD HAZARD PREVENTION CODE TO PROVIDE CORRECTIVE REVISIONS NECESSARY FOR COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". lutes gular Council Meeting January 8, 1985 Page 9 12. FIRST READING: CONSENTING TO THE ASSIGNMENT OF THE L -HEAD BAITSTAND LEASE FROM RUBEN V. LARA TO STEWART PLATIS AND DIMITRIOS GOUZIOTIS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 13. SECOND READING: AMENDING SECTION 53-152, STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 14. SECOND READING: AMENDING CITY CODE SECTION 37-4 TO PROHIBIT REMOVAL OR REDEMPTION OF PAWNED ITEMS FROM PAWNBROKERS OR SECONDHAND DEALERS FOR SEVENTY-TWO HOURS; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, TO PROVIDE PROCEDURES FOR IMPOUNDMENT AND IMMOBILIZATION OF VEHICLES AND THEIR DISPOSITION; FOR REPEAL OF CONFLICTING ORDINANCES: FOR SEVERABILITY; AND FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. THIRD READING - ORDINANCE NO. 18632: AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 53-2, DEFINITIONS, BY DELETING THE DEFINITION FOR COMMERCIAL VEHICLE AND SUBSTITUTING THEREFOR A NEW DEFINITION FOR COMMERCIAL VEHICLE; AND AMENDING SECTION 53-163, STANDING IN CURB LOADING ZONES -RESTRICTIONS, BY DELETING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 53-163. Minutes Regular Council Meeting January 8, 1985 Page 10 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * * Council Member Guerrero departed the meeting at this time. Mayor Jones called for consideration of the ordinances from the Regular Agenda. City Manager Martin referred to the resolution listed as No. 13 and stated that the Texas Low -Level Radioactive Waste Disposal Authority has taken options to purchase a parcel of land for the dump site, one of which is located in McMullen County, which is approximately twelve miles from Choke Canyon, and an alternative site in Dimmitt County, about six miles from the Nueces River, for the purpose of low-level disposal. He stated that this Council and previous Councils have gone on record expressing their concern about a dumpsite that would be a hazard to the City's water supply. He concluded by stating that Mr. Tom Blackburn, Director of Special Programs for the Disposal Authority, was present to provide the Council with information in regard to this. Mayor Jones then read Sections 1, 2 and 3 of the proposed resolution for the benefit of those who were present in the audience. Mayor Pro Tem Turner expressed the opinion that the City should ultimately oppose any disposal that would endanger our watershed. A motion was then made by Mrs. Turner that the resolution be amended to add that the City of Corpus Christi strictly opposes the location, and in addition, approve a resolution to propose that the City Council request the State of Texas, through its legislators, establish a moratorium on the siting of this disposal facility until more substantive and definitive information is available on the impact to the City's water system. The motion was seconded by Council Member Slavik. Council Member Berlanga stated that he would support Mrs. Turner's motion because of the concern expressed by the people surrounding the Choke Canyon Area. Council Member Slavik stated that it was her understanding that the public hearing scheduled by the Authority had been changed to five weeks after the first of February and City Manager Martin informed the Council that he was not certain about those dates. Council Member Mendez expressed the opinion that he felt that the amended resolution addresses Mrs. Turner's concern; that he was sure that the legislature is well aware of the intent of the resolution; and further expressed that he felt additional studies should not be made. He indicated he would support Mrs. Turner's motion. ;tes ular Council Meeting January 8, 1985 Page 11 Mayor Jones invited Mr. Tom Blackburn to speak at this time. Mr. Tom Blackburn, Director of Special Programs for the Disposal Authority, stated that he was present to act as a resource person. He stated that the Authority is concerned with two sites, Dimmitt and McMullen, which will be used to store low-level waste, including resins, tools, clothing or other by-products of the nuclear industry. He stated that it would not hold highly radioactive nuclear fuel rods or other material with high radioactive levels. Mr. Blackburn stated the Authority would decide next month on its preferred site; they are required by law to post the 72 -hour notice for a public hearing that should take place in mid-March. Mr. Blackburn further stated that they will have a tremendous amount of information which will be made available to the Council next week and asked that the City Council not act on the resolution until they receive those reports. Mr. Ted Jones, Member of the Nueces River Authority Board of Directors, clarified what the low-level nuclear waste is; pointed out that only a small percentage of low-level nuclear waste is generated by the medical facilities, adding that most of it is from nuclear power plants. He pointed out that the agency has not investigated any of the state-owned land for this purpose; and concluded by urging that the Council not delay on acting on the resolution today. Mr. Conn Mims, Executive Director of the Nueces River Authority, expressed astonishment that with the 170 million acres of land in the state of Texas, that they have reduced their search to two parcels of land, both within a short distance of the Nueces River water supply. He stated that the Waste Disposal Authority has assured them that this waste site will be safe but he did not believe that, adding that the experts have been wrong before. Mr. Mims urged that the resolution be passed as soon as possible with the amendment proposed by Mrs. Turner. Mr. Jeff Sibley, member of the Nueces Basin Conservation Association, stated that they are seeking a moratorium to make the Disposal Authority stop until they know what their technology is. Mr. Sibley further stated the State still has no adequate plans for the method of construction. He added that most of the waste at the dump would be from nuclear reactors, and some of it would remain potent for thousands of years, pointing out that reactor waste is deadly since it hold the same material as fuel rods, only in smaller amounts. He urged the Council to establish a moratorium in an attempt to stop this by passing the resolution. He concluded by informing the Council that the Nueces Basin Conservation will hold a general meeting on Friday, January 18 at 7:00 p.m. at Tilden High School Auditorium. Mr. Galen Westwick, President of OPUS, expressed support of the resolution and urged that the Council attend all of the meetings pertaining to this subject. He also informed the Council and Staff of the meeting with COG on Tuesday, January 15, at 1:30 p.m. Minutes Regular Council Meeting January 8, 1985 Page 12 Mr. Benny Benavides, 2421 Cleo, spoke in opposition to the waste site. He referred to the problems of waste material in this area and urged approval of the resolution as amended by Mayor Pro Tem Turner. He urged that the City Council go to Austin and lobby against this. Council Member Slavik concurred that it would be a good idea for the City Council to go to Austin and lobby against this issue. Mayor Jones then called for the vote on the motion to amend the resolution previously made by Mayor Pro Tem Turner and it passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, and Mendez voting, "Aye"; Guerrero, "absent". Acting City Secretary Dorothy Zahn then polled the Council for the vote on the resolution and it passed by the following vote: 13. RESOLUTION NO. 18633: OPPOSING THE LOCATION OF A RADIOACTIVE WASTE DISPOSAL SITE BY THE TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AUTHORITY IN McMULLEN COUNTY, TEXAS WITHIN THE NUECES RIVER BASIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent". Mayor Jones then referred to the first reading of the ordinance listed as No. 14 which pertains to the method of selection of a mayor pro tem and referred to the supplemental agenda posted prior to the Regular Council Meeting for consideration of removal of item 14 from the Regular Agenda and substituting for it a resolution as proposed by Council Member McComb. Mayor Jones referred to copies of a print-out from a past election and explained how an analysis had been made which proved that the chances of a Single -Member District Council Member candidate receiving the highest number of votes is very remote. He suggested that the word "at -large" be eliminated. Council Member Berlanga expressed the opinion that he did not feel that deleting the word "at -large" would actually help the single -member district candidate. Council Member McComb stated that the purpose of the resolution is because he felt that Corpus Christi '90 Task Force on Charter Revision has spent a tremendous amount of time researching this; the Charter was written many years ago; Corpus Christi '90 is just trying to put in writing the past practice of the Council's electing a Mayor Pro Tem who received the majority number of votes; the Charter can be amended in 1987; and he felt that the Mayor Pro Tem should be elected by the entire City. Minutes Regular. Council Meeting January 8, 1985 Page 13 Mayor Jones then explained the substitution of the resolution to be considered instead of the three -reading ordinance as proposed by Council Member McComb. Council Member McComb then made a motion that this resolution as presented during the morning Workshop Meeting be adopted and that Ordinance #14 be replaced by this resolution. The motion was seconded by Council Member Kennedy. Council Member Brown offered a "friendly" amendment to the resolution to delete the word "at -large" and it was accepted by Council Member Kennedy. Council Member Mendez pointed out that if the Council looks at the number of registered voters, there is not a chance that a person running as a single -member district candidate could receive the largest number of votes and be elected Mayor Pro Tem. He expressed opposition to the motion, stating that even the motion to delete the "at -large" does not make sense. He stated that the City Charter is clear where it states that the Council seated makes the appointment of the Mayor Pro Tem; he stated that this resolution would create two classes of Council Members; and expressed the opinion that if anyone on this Council has gained the respect of the Council, he or she should have the right to be selected as Mayor Pro Tem, and for this reason, he would oppose the resolution. Council Member Slavik expressed the opinion that she would not approve of the ordinance but would approve of a Charter Revision Election and for this reason, she would not approve of a change at this time. She expressed concern about making a decision for a future Council, adding that this Council should comply with the City Charter. City Manager Martin pointed out that the next Charter Revision Election could be in January of 1987. A motion was made by Council Member Slavik that this resolution be divided and voted on the two different sections, i.e. Section 1 and Section 2, adding that she could support Section 2 but not Section 1 of the resolution. The motion was seconded by Council Member Mendez. Mayor Jones asked for a legal opinion from the City Attorney. Assistant City Attorney Jay Doegey informed the Council that the resolution is a statement of policy and the Council is probably bound to some degree to follow unless you choose to act differently. Mayor Jones then ascertained that the next Council could just choose to accept or reject this resolution, and Assistant City Attorney Doegey replied in the affirmative. Minutes Regular Council Meeting January 8, 1985 Page 14 Council Member Mendez expressed the opinion that this would really confuse the public because if this Council passes the resolution and if an entirely different Council is seated, they do not have to abide by the resolution. Council Member Berlanga expressed the opinion that it still would not give the single -member district candidate a fair break whether it passed by resolution or ordinance. He further expressed the opinion that this Council should just stick to the Charter to avoid any confusion. Mayor Jones called for comments from the audience on this ordinance. Mr. Benny Benavides, 2421 Cleo, stated that he is in accordance with Council Member Mendez' recommendation that this Council should just abide by the City Charter to avoid confusion. Mr. Ted Oakley, 120 Del Mar, Member of the Corpus Christi '90 Task Force on Charter Revision, stated that the proposed method of selection of a Mayor Pro Tem was voted upon unanimously by the Task Force and expressed the opinion that if somebody really wants to run for Mayor Pro Tem, he or she should run at -large. Dr. Fred Cervantes, Vice Chairman of Corpus Christi '90, pointed out that Corpus Christi '90 is concerned that full consideration is given to the effect. He emphasized that the election system the City now has provides an index of acceptability to allow a person with acceptable political views to be elected at -large. Mr. Todd Hunter, Chairman of Corpus Christi '90 Task Force on Charter Revision, stated that this Task Force is representative of different segments of the community. He stated that citizens in this City want to be heard and be involved in the decision-making process. He further stated he did not think it would be a problem to the Task Force members to delete the word "at -large". He concluded by urging support of the resolution. Council Member Mendez expressed the opinion that he did not feel this Council nor the Corpus Christi '90 people had the right to change the Charter that it has to be done by the vote of the public. Mr. Todd replied that they were not saying that they had the authority to do so, they were just merely proposing the change. Ms. Pauline Clarke, 3902 Mueller, Member of the Task Force, agreed with Dr. Cervantes and Mr. Hunter, adding that this City has a modified election system whereby the members of this community have an opportunity to elect at -large members and expressed the opinion that the Mayor Pro Tem should be elected by the public. ciinutes Regular Council Meeting January 8, 1985 Page 15 Mr. Dean Banks, 225 Waverly, Member of the Task Force, pointed out that the Council cannot amend the Charter with a resolution or ordinance and that it should only be changed by an election. He stated that he was puzzled by Assistant City Attorney Doegey's comments that this would be binding. He pointed out that the Corpus Christi '90 Task Force is only making a recom- mendation and this resolution has no legal force. He also stated that he did not vote to approve this recommendation. Mr. Tom Hunt, Sr. 75 Townhouse Lane, spoke in opposition to the resolution because the Charter clearly states that the Council elected should appoint and select the Mayor Pro Tem of their choice. He suggested that this Council wait until a Charter Election can be held. He expressed the concern that if Corpus Christi '90 felt so strongly about this, why did they not present this in August of this year before that Charter Amendment Election. Mrs. Sylvia Gulley, 4044 Magee Lane, stated that in response to Mr. Hunt's comment as to why the Corpus Christi '90 people had not presented the recommendation during the last Charter Amendment election was because the vote was not taken until November 5, 1984. She stated that there is a difference between the districts and the at -large members, adding that when you are elected in a district, a small group of people are involved and if a citizen does not get along with the Council Member from his district, they can appeal to the at -large Council Members. She stated that there has always been friction on the method of selecting the Mayor Pro Tem and that Corpus Christi '90 is just trying to eliminate that friction. She further stated that this recommendation was discussed at length, and that it was decided that the resolution would not change the charter in any way but would recommend that the top vote getter be elected as the Mayor Pro Tem. She reminded the council that when this recommendation was presented to the Council last week, the Council listened to them and voted, agreeing to their recommendation; but since then, everybody has received telephone calls, etc., and have been very objective about the work of the Corpus Christi '90. She summarized by stating that the Task Force is a very broad-based representative of the entire community. There were no further comments on this ordinance. Mayor Jones then called on the vote by Mrs. Slavik to divide the resolution into two segments to be voted upon separately. The motion failed to pass by the following vote: Berlanga, Mendez and Slavik voting, "Aye"; Jones, Turner, Brown, Kennedy, and McComb voting, "No"; Guerrero, "absent". Mayor Jones then called for the vote on the motion to substitute the resolution for the ordinance and to include the "friendly" motion made by Council Member Brown to delete the word "at -large" and it passed by the following vote: Jones, Turner, Brown, Kennedy and McComb voting, "Aye"; Berlanga, Mendez and Slavik voting, "No", Guerrero, "absent". Minutes Regular Council Meeting January 8, 1985 Page 16 Council Member Mendez then made a motion that this resolution be considered on a three -reading basis, seconded by Council Member Berlanga. Council Member Kennedy expressed the opinion that enough time has been spent on this resolution and that the Council has more important issues to discuss and for this reason, it should not be a three -reading ordinance. Mayor Jones then called for the vote on the motion to make the resolution a three -reading resolution and it failed to pass by the following vote: Berlanga and Mendez voting, "Aye"; Jones, Turner, Brown, Kennedy, McComb and Mendez voting "Nay"; Guerrero, absent. Acting City Secretary Dorothy Zahn polled the Council for the vote on the resolution, as amended, and it passed by the following vote: 14. ORDINANCE NO. 18637: PRESCRIBING THE METHOD BY WHICH THE CITY COUNCIL SHALL SELECT THE MAYOR PRO TEM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Brown, Kennedy, and McComb voting, "Aye"; Berlanga, Mendez and Slavik voting, "Nay"; Guerrero, "absent". Mayor Jones announced the public hearing on the following: 15. Public hearing on the present fuel factor of Central Power and Light Company. Assistant City Attorney Jay Doegey explained that Central Power & Light Company has recently filed with the Public Utility Commission an application to reconcile the present fuel factor currently charged customers because the current factor over the past 12 months has resulted in the company over collecting more than $45,000,000. He stated that the present case before the Public Utility Commission has stalled temporarily resulting in continued over recovery of fuel costs at the expense of customers; the Steering Committee of CP&L service area cities has urged cities to take the initiative by asserting their original jurisdiction regulatory authority over electric rates and adopt an interim fuel factor based upon CP&L's proposed reduced fuel factor which would also include a refund factor which the company is recommending to the Public Utility Commission. Mr. Doegey stated that in this manner, the Cities would on their own initiative lower the fuel factor on an interim basis to reduce the large overcollections permitted under the present rate and also commence refunding CP&L customers for the overcollections since September, 1983. He stated that CP&L Company has been informed of this recommendation and that these interim rates would commence with CP&L's next billing cycle, beginning January 26, 1985, and remain in effect until the next general rate case which is expected to be filed by the company in late January, 1985. Minutes Regular Council Meeting January 8, 1985 Page 17 Mayor Jones called on representatives of CP&L Company to speak at this time. Mr. S. E. Kelley, Central Power & Light Company, stated that Mr. Doegey had described the situation as it exists; CP&L had over -recovered $45,000,000 in fuel adjustments from their customers; he stated that the fuel rates were placed in effect in September of 1983 which established a set factor; and added that CP&L is in a position of refunding the overcharge plus interest. He stated that CP&L is certainly in agreement with what the City is trying to do. Mr. Kelley further stated that there is a jurisdictional problem between the Commission and the City simply because this has never happened before. He concluded by stating that he would recommend that the Council approve the ordinance. Mayor Jones ascertained that no one in the audience wished to speak on this matter. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Mendez and passed unanimously by those present and voting. Acting City Secretary Dorothy Zahn polled the Council for their vote on the first reading of the ordinance and it passed by the following vote: 15. FIRST READING: AN ORDINANCE DETERMINING THAT THE. PRESENT FUEL FACTOR OF CENTRAL POWER AND LIGHT COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE AND DETERMINING A JUST AND REASONABLE INTERIM FUEL FACTOR TO BE CHARGED BY CENTRAL POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent". Council Member McComb, noting that Mr. Wayne Lundquist was present in the audience in regard to a zoning case in which he had asked that it be delayed, suggested that if people were present in the audience that they be allowed to leave since this case would probably be tabled. Mayor Jones departed the Council Table for a brief period, and Mayor Pro Tem Turner presided. City Manager Martin explained that the hearing needed to be opened and recessed and that Mr. Lundquist and any interested parties be notified that it would be recessed until next week. Minutes Regular Council Meeting January 8, 1985 Page 18 Mayor Jones returned to the Council Chamber. * * * * * * * * * * * * Mayor Jones then called for the public hearing on the following annexation: Annexation - Blocks 1 and 2, Padre Island - Corpus Christi, Section 18, containing 60.11 acres owned by Gene Graham and Lynn Noack, located on the northeast side of S. Padre Island Drive, opposite the intersection of Aquarius Street on S. Padre Island Drive. Assistant City Manager Tom Utter stated that this involves over 60 acres; it is for a very large marina with 650 boat slips; he stated that a public hearing in which no one appeared was held on January 7 by the Director of Planning; and that the Staff is recommending the annexation because it will be beneficial to the City. Mayor Jones ascertained that no one wished to speak in opposition to this annexation. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mr. Gene Graham, applicant, stated that their timetable to start construction is for March 3, 1985; they are supposed to have the slips in operation by the first part of 1986; they will be open to the public and the slips will be for sale and rent. He concluded by stating that this will be a three-phase project. Council Member Kennedy inquired as to how much dredging will be required. Mr. Graham replied that the access will be out to Packery Channel and the dredging will be done and the fill will be placed on the subject property. He stated that the project will be a marina and land development; there will be parking for the marina itself and for the development on the land; and stated that they have already obtained a permit for the dredging. Acting City Secretary Zahn polled the Council for their vote on the first reading of the ordinance and it passed by the following vote: 16. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GENE GRAHAM AND LYNN NOACK FOR THE ANNEXATION OF APPROXIMATELY 60.11 ACRES OF LAND BEING BLOCKS 1 AND 2, PADRE ISLAND -CORPUS CHRISTI, SECTION 18, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; Minutes Regular Council Meeting January 8, 1985 Page 19 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent". Mayor Jones announced the public hearing on four zoning cases. 17. Application No. 1284-5 H. E. Butt Grocery Company: For a change in zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, being a 0.22± acre area out of Lot 3, Block 2, Alameda Estates, located on the south side of Delano Drive, approximately 437' west of Eldon Drive. Assistant City Manager Utter informed the Council that in response to the nineteen notices of the public hearing, three in favor and none in opposition had been returned. He stated, also, that the Planning Commission and Planning Staff's recommendation is for denial, and in lieu thereof, grant a special permit for expansion of an adjacent parking lot. Mr. Utter concluded by stating that the applicant has submitted a site plan for this location. A motion was made Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Council Member Kennedy inquired as to how many more of these lots would the applicant need to take care of the parking problem, and Assistant City Manager Utter replied that he thought that the problem would be resolved with the acquisition of this property. Council Member Slavik referred to Mr. Wenger's comment on page 4 of the zoning summary in which he states that he did not think this additional parking space will allow them to meet the parking requirement because in the Staff's opinion, it will still be inadequate but that the Board of Adjustment had previously granted them an exception. Mr. Wenger explained that the Board of Adjustment had granted them a parking exception. Council Member Kennedy expressed the opinion that the Council should take the Board of Adjustment to Court when they make serious errors such as this. Mayor Jones asked that the Staff come back to the Council with a recommendation for amendment of the ordinance governing the Board of Adjustment. There were no further comments on this zoning case. Minutes Regular Council Meeting January 8, 1985 Page 20 Acting City Secretary Zahn polled the Council for their vote ordinance and it passed as follows: 17. ORDINANCE NO. 18634: on the AMENDING THE ZONING ORDINANCE UPON APPLICATION OF H. E. BUTT GROCERY COMPANY BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON A PORTION OUT OF LOT 3, BLOCK 2, ALAMEDA ESTATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, "absent". 18. Application No. 1284-1 Mr. Wayne Lundquist, Jr. zoning from "A-1" Apartment House District to Lot 1, Block 14, and all of Lot 1, Block 15 located on both sides of Downing Street, on the , Trustee: For a change in "B-3" Business District on , Brighton Village Unit 2, west side of Airline Road. Mr. Utter stated that in response to the thirty notices of the public hearing, six in favor and six in opposition had been returned and that both the Planning Staff and Planning Commission recommend denial. Mayor Jones ascertained that no one in the audience wished to speak on this zoning application. A motion was made by Council Member Kennedy that the hearing be recessed until January 15th; seconded by Council. Member McComb and passed unanimously by those present and voting. * * * * * k * 19. Application No. 1284-2 Mr. Ward C. Hawkins: For a change in zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 9-8, Nueces Gardens Unit 1, located on the southeast side of Violet Road, approximately 275' northeast of Sunny Drive. Mr. Utter stated that in response to the seventeen notices of the public hearing, nine, plus two from outside the 200' area of notification in favor and five in opposition had been returned and that the Planning Commission recommends recommends denial but in lieu thereof, grant a special permit for the operation of a plant nursery. He stated that the Planning Staff previously recommended denial but now concurs with the special permit. Mayor Jones ascertained that no one in the audience wish to speak in opposition to this case. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Browr, and passed unanimously. utes xegular Council Meeting January 8, 1985 Page 21 Acting City Secretary Zahn polled the Council for their vote on the ordinance and it passed as follows: 19. ORDINANCE NO. 18635: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WARD C. HAWKINS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PLANT NURSERY ON LOT 9-B, NUECES GARDENS UNIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye", Guerrero, "absent". * * * * * * * * * 20. Application No. 1284-4 Code Development Company: For a change in zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on Lot 50, Nueces Gardens Subdivision, located between Leonard Drive and Starlite Lane, approximately 175' south of Mayfield Drive. Council Member Mendez stated that he owns property within the notification area and to avoid a conflict of interest, he will not participate in the discussion or vote. Mr. Utter stated that in response to the thirty-five notices of the public hearing, four in favor and five, plus 4 outside the 200' area of notification in opposition had been returned and that the Planning Commission is recommending denial but the Planning Staff recommends approval. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mayor Jones called on the applicant to speak. Mr. Al Harden, 9443 Up River Road, appeared for the applicant, and displayed a photograph of the type of housing that will be developed. He stated that they are asking for "R -1C" zoning because they will be able to build houses for under $50,000; they are building similar type houses at Crestmont Unit 8, and have already sold 22 units, most of them to first time home buyers. Mr. Harden stated that "R -1C" zoning keeps the lot cost down, so the house can be sold for less than $50,000; they intend to establish a street down the center of the property, with lots on both sides; and that the lots will be approximately 60' x 75'. Mayor Jones called for anyone in the audience who wished to speak in opposition to this request. Minutes Regular Council Meeting January 8, 1985 Page 22 Mr. H. H. Smith, 10737 Rockwood, appeared in opposition, stating that he felt that construction that is being proposed to be built will be similar to a hotel; stated that his property is directly across from the subject property; and urged that the Council not approve the zoning as he would like for it to remain zoned as is. Mr. Melvin Brown, who also owns property on Rockwood Street, also spoke in opposition to the request because he felt that the quality of the proposed homes is not good. He presented a photograph of budget homes that are poor quality and express concern that his property value will decrease if this is approved. Mr. Johnny Stokely, 3947 Leonard, objected to the application because of the narrow lots and because of the traffic congestion that will be generated. Council Member Slavik inquired if Leonard Street was a residential street, and Mr. Stokely replied that it was and that it did not have curbs, gutters, nor sidewalks. Mr. Frank Mendez, speaking as a citizen, stated that he had no qualms if the applicant plans to build the same quality homes as he did in Crestmont Unit 8. He expressed concern about the drainage since they have open ditches on Leonard Street and stated that the drainage problem needs to be answered. Mr. Utter stated that it is proposed that all property should be drained back to Starlight Lane. A representative of Tucker Construction Company stated that the drainage would be adequate and it will drain towards Starlight. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. Mr. Utter reiterated that the Staff's recommendation is for approval and the Planning Commission heard the objections from the neighbors and that is why they had recommended denial. Mayor Jones stated that he would support the Staff's recommendation on this because of the importance of allowing first time buyers to purchase an affordable house. Council Member Berlanga questioned where the traffic generated would be diverted to and Mr. Utter replied that most of the traffic will be on Leonard and Starlight Lane. Council Member Kennedy also indicated that he would support the Staff's recommendation because he felt that this type of housing is what the City needs to make housing affordable. lutes Regular Council Meeting January 8, 1985 Page 23 A motion was made by Council Member Kennedy that the Council concur with the Staff's recommendation and approve the "R -1C" zoning, seconded by Council Member McComb and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Mendez, disqualified himself; Guerrero, absent. Acting City Secretary Zahn informed the Council that the ordinance effecting the zoning change will be on the agenda next week. Mayor Jones called for the City Manager's Report. City Manager Martin informed the Council that a group of people will be getting together on Thursday, January 10th at 11:30 a.m., Convention Center, Room 226 for the kick-off meeting for the Gas Assistance Program and extended an invitation to the Council. Council Member McComb also reminded the Council of the February 18th meeting with the Junior League in the Council Chambers at 6:30 p.m. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Brown and passed unanimously, the Regular Council Meeting was adjourned at 7:03 p.m., January 8, 1985. rr