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HomeMy WebLinkAboutMinutes City Council - 01/13/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 13, 1987 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: * David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ed Gates of Corpus Christi Beach Baptist Chapel, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. City Secretary Armando Chapa called the roll of required Charter Officers and verified that the necessary quorum was present to conduct the meeting. A motion was made by Council Member Leo Guerrero that the Minutes of the Regular Council Meeting of January 6, 1987 be approved; seconded by Council Member Mary Pat Slavik; and passed unanimously. * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: Demolition of La Retama Library. Mayor Pro Tem Best noted that $500,000 is included in the Reinvestment Zone No. 1 Project Plan for the La Retama improvements and inquired if the demolition costs were included in that figure. MICROFILMED ..mutes Regular Council Meeting January 13, 1987 Page 2 City Manager Craig McDowell stated that demolition is included in that cost; that is the only source of funds; it is included in the Reinvestment Zone No. 1 Project Plan; and the City could go ahead with that project. Assistant City Manager James K. Lontos opened bids on the engineering project from the following firms: A. P. Boegner; Shamrock Site Preparation, Inc.; Southwestern Environmental; Stefek Construction Company; and Sunbelt Demolishing Corporation. * Council Member David Berlanga, Sr. arrived at the meeting at 2:08 p.m. during the foregoing discussion. Mayor Jones called for comments from the audience. Mr. Emil Stefek informed the Council that the bid documents required that a resume be submitted as a part of the bid and stated that if it is not included, the bid should not be considered. Mr. Lontos checked the bids and stated that Mr. Stefek and A. P. Boegner had submitted one but the other bidders did not. Mr. Lontos explained that the specifications required that the contractors submit a resume to indicate which projects they have completed that includes the abatement of asbestos. He assured the Council that he will check this and have a recommendation later. Mayor Jones stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation on this project. Mr. Stefek again expressed the opinion that if the bids do not include the resume, they should be rejected. Council Member Guerrero commented that the bid security is necessary because of the price and that is the primary issue that the Council needs to be concerned about. He explained that the remainder of the specifications will be examined by the Staff. * * * * * * * * * * Mayor Jones called for consideration of the following Consent Motions: 1. M87-0009 Approval of specifications and authorization to receive bids for one tractor towed fairway mower for use at Oso Beach Municipal Golf Course. Estimated expenditure of $14,000 was approved in the 1986-87 Capital Outlay budget. .,mutes Regular Council Meeting January 13, 1987 Page 3 2. M87-0010 Approval of specifications and authorization to receive bids for one three -wheeled truckster and greens -keeping attachments for the Municipal Golf Courses. The estimated expenditure of $15,800 was approved in the 1986-87 Capital Outlay budget. 3. M87-0011 Approval of specifications and authorization to receive bids for a supply agreement for parking meter repair parts. These items will be used by the Traffic Engineering Division. Estimated annual expenditure is $12,000 with funds approved in the 1986-87 budget. 4. M87-0012 Approval of specifications and authorization to receive bids for a supply agreement for meal delivery service for the Elderly Nutrition Program for Senior Community Services. Estimated annual expenditure is $25,000 which was included in the 1986-87 budget. 5. M87-0013 Authorizing the City Manager or his designee to enter into a five-year lease with the Texas General Land Office for submerged lands for a proposed public fishing pier in Flour Bluff. 6. M87-0014 Accepting the 16th and 17th Street Improvements project and authorizing final payment of $52,993.68 to Oceanside Asphalt, Inc. Mayor Jones called for comments from the audience on the Consent Motions. Mrs. Marie Spear, Editor of the Flour Bluff Sun, referred to the discussion during the morning Workshop Meeting on Item 5. She expressed the opinion that the extension of O'Neill Street is needed very badly rather than the expenditure of funds for the Flour Bluff fishing pier. She stated that included in the bond fund is $120,000 for this extension; the estimated cost of extending O'Neill Street to Central is $350,000; and no funding is available for this extension. Mrs. Spear continued by stating that there is no extra money and that the only other source of funds for this street extension between now and the time Community Development Block Grant funds will be considered during the next year will be the funds previously allocated for the fishing pier. Mrs. Spear expressed the opinion that in 1990, Flour Bluff, which is in Census Tract 30, will probably be omitted from the eligible Census Tract list. Mrs. Spear also stated that the proposed location of the fishing pier is a light industrial area which is not a good area for a park or fishing pier. _.gnu t e s Regular Council Meeting January 13, 1987 Page 4 Council Member Guerrero concurred with Mrs. Spear's remarks, stating that that has been his contention for some time. He expressed the opinion that the only reason for construction of the fishing pier is for special interest persons. Mayor Pro Tem Best reminded Mrs. Spear that at the time the City Council was considering the allocation of CDBG funds, he asked the people from Flour Bluff specifically if they did not feel that they needed funds for street extensions rather than the fishing pier, and everyone from Flour Bluff who attended that hearing insisted that they wanted the fishing pier; therefore, he will vote in favor of this. Mr. Lontos explained that the extension of O'Neill Street is in the bond program and it is scheduled for the first year of the bond program. He stated that the Council made the decision to approve funds for the fishing pier and the Staff is just complying with the Council directive. Council Member Strong pointed out that several organizations had informed the Council that they do want the fishing pier installed, and Council Member Slavik commented that the same people also want O'Neill street extended. She stated that her priority would be to spend the funds on the street extension but it would be ideal if both projects could be completed. City Manager McDowell pointed out that the O'Neill Street that was contemplated in the bond program could have been completed with the funds available, but changes have been made, at the request of the people in Flour Bluff, from the original plan. Mr. Lontos referred again to Item 5 and pointed out that this is just to approve a lease for submerged lands and reminded the Council that they would still have an opportunity to approve the plans and specifications for the fishing pier at a later date. He also stated that it is possible that if the extension of O'Neill Street costs more than the funds available in the bond program, it is possible that the Staff can find other sources for the costs, possibly from paid assessments. Council Member McComb suggested that possibly additional funds for the extension of O'Neill Street could be obtained from next year's CDBG funds. Council Member Mendez noted that the City Council is already committed to the fishing pier; it was his understanding that the cost to complete O'Neill Street was $325,000; and pointed out that often there are excess funds in the Street Bond Program that could be used to complete O'Neill Street. Council Member Strong reminded the Council that they had discussed this a short time ago and the Flour Bluff Civic League, the Flour Bluff Business Association and the Southside Kiwanis Club all indicated that they were still in favor of the fishing pier. She expressed the opinion that both projects can be accomplished. ...mutes Regular Council Meeting January 13, 1987 Page 5 Mrs. Spear responded by stating that Dr. Best was correct in that a year or so ago, the fishing pier was not officially approved by the organizations mentioned previously and most of the people in Flour Bluff were under the impression that the Council had expressed the opinion that there would be enough money for all projects. She also informed the Council that a lot of the members of those organizations are not residents of Census Tract 30 and recalled that a petition had been circulated throughout Census Tract 30 which clearly indicated that the people in that area preferred to have the funds spent on street improvements rather than the fishing pier. She then suggested that any future meeting in regard to this subject be conducted at the recreation center in Census Tract 30. There were no further comments from the audience. A motion was made by Council Member Strong that Consent Motions 1 through 6 be approved; seconded by Mayor Pro Tem Best; and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet and Strong voting, "Aye" on all of the items; Guerrero and Slavik voting, "Aye" on all of the items with the exception of item on 5 which they voted, "No." Mayor Jones called for consideration of the Consent Ordinances, Items 7 through 14, noting that Ordinance No. 10, authorizing a contract with Smith & Russo, Inc. for the City Hall Annex study, had been withdrawn during the Workshop Meeting. A motion was made by Council Member McComb that Ordinances 8 and 9 be temporarily withdrawn until after the scheduled closed meeting on litigation. The motion was seconded by Council Member Guerrero and passed unanimously. There were no comments from the audience on the ordinances under consideration; City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 7. ORDINANCE N0. 19603: AMENDING ORDINANCE NO. 19268 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: 16th and 17th Streets 1. 16th Street, from Ayers Street to Morgan Avenue, and 2. 17th Street, from Ayers Street to Elizabeth Street; AND DECLARING AN EMERGENCY. __mutes Regular Council Meeting January 13, 1987 Page 6 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet and Slavik voting, "Aye"; Mendez and Strong, absent at the time the vote was taken. 8. (This ordinance was temporarily withdrawn from consideration see page 5) 9. (This ordinance was temporarily withdrawn from consideration see page 5) 10. (This ordinance was withdrawn during the morning Workshop Meeting see page 5) 11. ORDINANCE NO. 19606: CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 2 THROUGH 20 AND LOTS 45 THROUGH 63, BLOCK 816A, PORT ARANSAS CLIFFS SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet and Slavik voting, "Aye"; Mendez and Strong, absent at the time the vote was taken. 12. ORDINANCE NO. 19607: CLOSING AND ABANDONING A TRIANGULAR PORTION OF MORGAN AVENUE RIGHT-OF-WAY ADJACENT TO LOT 10, BLOCK 24, MEADOWPARK ADDITION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet and Slavik voting, "Aye"; Mendez and Strong, absent at the time the vote was taken. 13. THIRD READING - ORDINANCE NO. 19608: AMENDING SECTION 209.4 OF THE PLUMBING CODE ADOPTED BY ORDINANCE NO. 19258 TO PROVIDE CLARIFICATION TO PROCEDURES FOR THE CANCELING OF ACTIVE PERMITS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet and Slavik voting, "Aye"; Mendez and Strong, absent at the time the vote was taken. 14. THIRD READING - ORDINANCE NO. 19609: AMENDING SECTION 205.4 OF THE MECHANICAL CODE ADOPTED BY ORDINANCE NO. 19288 TO PROVIDE CLARIFICATION TO PROCEDURES FOR THE CANCELING OF ACTIVE PERMITS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ..mutes Regular Council Meeting January 13, 1987 Page 7 The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet and Slavik voting, "Aye"; Mendez and Strong, absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for consideration of Ordinances 15 and 16 from the Regular Agenda. City Manager McDowell commented that the Animal Control Advisory Board recommends approval of the amendment to Ordinance 15. City Secretary Chapa polled the Council and the following ordinance was approved: 15. ORDINANCE NO. 19610: AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR IMPOUNDMENT, ADOPTION OR OTHER DISPOSITION OF ANIMALS BY THE CITY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet and Slavik voting, "Aye"; Mendez and Strong, absent at the time the vote was taken. Mr. Larry Wenger, Director of Planning, provided an explanation of Ordinance No. 16 which pertains to the change of zoning for the estate of R. Gentry Estill, et al. He reviewed the case that was considered the preceding week and explained the use of the property. He stated that both the Planning Commission and Planning Staff recommend denial of the request and informed the Council that enough opposition had been expressed to invoke the 20% rule. He further explained that one of the Council Members had disqualified herself from voting and this essentially reduces the Council to eight members, therefore, only six votes are required to approve the ordinance. Council Member Slavik asked for further information from the letters of opposition, and Mr. Wenger reviewed those and located the property of those owners. Mayor Jones called for comments from the audience. Mrs. Jeanette Holloway, 4018 Lowman, stated that she is one of the owners of the property and she would not sell this property to anyone who plans to develop a use that would downgrade her adjacent apartment complex. She stated that if they are committed to construct a business there, a fence will be installed next to the large ditch in the vicinity which would further separate the business property from the nearby single-family dwelling property. She _.mutes Regular Council Meeting January 13, 1987 Page 8 expressed the opinion that there is no need for additional apartments in Corpus Christi but the developer of the proposed property plans to construct a badly needed pharmacy in the shopping center. Council Member Slavik again requested that the Minutes of the Planning Commission hearings be placed in the Council's notebooks when zoning cases are considered. There were no further comments on Ordinance No. 16; City Secretary Chapa polled the Council for their votes; and the following ordinance passed: 16. ORDINANCE NO. 19611: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE ESTATE OF R. GENTRY ESTILL, ET AL BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 14, BLOCK 2, LAKEVIEW ACRES, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, abstaining. * * * * * * * * * * A motion was made by Mayor Pro Tem Best that the Council convene in closed session to discuss litigation/board appointments. The motion was seconded by Council Member Mendez and passed unanimously at 3:00 p.m. * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 3:25 p.m. and called for consideration of Ordinances 8 and 9. Assistant City Attorney Jimmy Bray explained that the agreements under consideration will effect a savings of approximately $400,000 for the City. City Secretary Chapa polled the Council for their votes and the following ordinances were passed: 8. RESOLUTION NO. 19604: APPROVING THE AMENDMENT OF GAS SEARCH AGREEMENT, GAS AVAILABILITY AGREEMENT AND EXPLORATION AND DEVELOPMENT AGREEMENT AND SETTLEMENT OF THE COASTAL CORP. ET AL V. VALERO ENERGY CORP. ET AL, NO. C -028-86-D, 206TH JUDICIAL DISTRICT; AND DECLARING AN EMERGENCY. .Lutes Regular Council Meeting January 13, 1987 Page 9 The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 9. RESOLUTION NO. 19605: AUTHORIZING THE EXECUTION OF THE "GAS PURCHASE CONTRACT NO. , CITY OF CORPUS CHRISTI, BUYER, AND THE COASTAL CORPORATION, SELLER," AND "GAS TRANSPORTATION AGREEMENT, CITY OF CORPUS CHRISTI, SHIPPER, AND VALERO TRANSMISSION COMPANY"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones called for petitions from the audience. Mrs. Pauline Clarke, 3902 Mueller, expressed her personal viewpoint on the question of extending industrial district contracts since they were set up to extend until 1990. She reminded the Council that they had extended the contracts one time; the companies had been assured that they will not be annexed for seven years; and she thought that that was ample for industries to have the assurance that they will not be annexed for that period of time. She pointed out that all but one contract have four more years and one contract will not expire for one year. Mayor Pro Tem Best explained that the Corpus Christi Area Economic Development Corporation made the recommendation that the City extend the contracts for an additional full seven years in an effort to try to attract new industry to locate in Corpus Christi. Mrs. Clarke stated decisions of companies because it is a direct whether they pay taxes was of the opinion that not be annexed and have was probably placed on forthcoming. that she did not think that that has anything to do with to either leave or locate in this City; industry comes benefit to the company; they will leave regardless of or not if the company is not showing a profit; and she seven years is ample time to assure them that they will to pay taxes. She expressed the opinion that this item the agenda because of the City Council election that is Mayor Jones pointed out that new industries coming into the City could start out with a brand new seven-year contract and this might be an adequate incentive for the Economic Development Corporation to use to attract companies to this City. Mayor Jones explained the three alternatives which are as follows: 1. Maintain the status quo and not extend the contract; __nutes Regular Council Meeting January 13, 1987 Page 10 2. Extend the contract so that they run the full seven years as authorized by the Municipal Annexation Act; or 3. Extend the contracts with some negotiated increase in the payment of "in lieu" of taxes. He agreed with Mrs. Clarke that it is unfair to the citizens of this City to allow industry to continue operating without paying taxes. He stated that he also thinks that the companies requesting this are running a serious risk of creating a call for annexation. He expressed the opinion that this kind of action to extend existing contracts is an abrogation of the original documents. Council Member Berlanga disagreed because he was of the opinion that the contracts should be further extended because he feels that the City has not offered enough incentives to industry. He stated that he would support extension of the existing industrial district contracts. Council Member Slavik indicated her agreement with Mrs. Clarke and referred to a business survey that had been conducted in which one of the most important issues industry examined was utility rates and taxes were not a prime consideration. She informed the Council that there is a group of citizens here who plan to start a petition drive for annexation if these contracts are extended. Mayor Jones informed the Council that the taxes the City receives from the industrial district contracts are $2,780,241, but if the industries were annexed to the City, the City would have received $6,700,000 at the current tax rate. Council Member McComb stated that the City Council wants to do everything possible to encourage industry to expand and locate in this City, but it is difficult for other citizens to pay taxes. Mr. McComb pointed out that any new industry that locates here in the City would be eligible for a new seven-year contract which he felt would be a good incentive. He commented that the Charter Revision Commission has been placed on notice that the Board of Trade will fight the passage of the proposed Charter Revision to allow for annexation by ordinance. He stated that he was under the impression that Daniel Martinez of Valero had requested this item be placed on the agenda. City Manager McDowell stated that it was requested by the City Council at the time the presentation was made by Gary Bushell on the Corpus Christi Area Economic Development Corporation. Council Member McComb stated the only way he would consider extending the contract would be if the industries agreed to an increased fee. Council Member Mendez expressed opposition to extending the contracts with industrial districts at this time since four years remain on the existing contracts. __snutes Regular Council Meeting January 13, 1987 Page 11 Council Member Strong referred to the industrial park and asked if it was an industrial district, and Mayor Jones stated that it is not, but it is owned by a non-profit corporation and the City has no control over it. Council Member Strong stated that she would like to have a map showing the perimeters of the industrial area. She also pointed out that no new industries have located here since the contracts were signed but she agreed that it is a good tool to be used in seeking new industry to locate in Corpus Christi. Mr. Daniel Martinez, Public Affairs Officer with Valero Refining Company, assured the Council that this was not placed on the agenda at the request of his company. He noted that there seems to be a perception that industry is pushing for extension of the contracts, but it is actually the Corpus Christi Area Economic Development Corporation that is urging extension of the contract. A motion was made by Council Member Guerrero that this subject be tabled until the Council talks to Gary Bushell. The motion was seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * Mayor Jones noted that the Board and Committee appointments had not been considered during the morning Workshop Meeting. He stated that the Council had decided to table the appointment for the Sister City Committee but that they would consider at this time an appointment to the Bay Drilling Committee. He stated that he would like to nominate Melia E. Barrera as alternate from the general public to the Bay Drilling Committee. A motion was made by Council Member Mendez that this appointment be confirmed, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * Mayor Jones called for comments from the public. Mr. Roe Chandler, CDI, expressed the opinion that the street lighting on Corpus Christi Beach and in that area is inadequate. He mentioned the winter Texans who are spending money and improving the economy and how valuable they are to this City. He stated that he has visitors at the Breakers and that others were interested in staying there if he had more space. He stated that the BCECb Place was established two years ago; they have had extensive publicity; but no one has indicated an interest in purchasing property there. He mentioned the possibility of a water park that would provide jobs. He urged that the City Council work with the tourist industry, advertise and help investors obtain money. He expressed the opinion that there is a need for more condominiums that would be attractive to winter Texans. _.mutes Regular Council Meeting January 13, 1987 Page 12 Council Member Slavik suggested that he contact Gary Bushell and Mr. Chandler stated that he had already done this. Mr. Roland Garza, 2504 Hulbirt, provided information in regard to his discharge from employment with the Gas Division. City Manager McDowell explained that this is a very complicated matter and the Staff continues to investigate it. Mr. Sam Allen addressed the Council and expressed disappointment in the four Council Members who cast a vote to eliminate the Reinvestment Zone No. 1. He urged that the City Council do something with the money available from the Reinvestment Zone for the benefit of the City. He mentioned the fact that with the movement of City Hall, the relocation of the Library, the fact that the City will vacate a number of buildings in use for employees now, he predicts that nine buildings would be vacated in the downtown area. He mentioned the possibility that Central Power & Light Company will relocate their office building as well. He expressed concern that the downtown area is becoming a wasteland. He objected to the proposed expenditure of funds for the Aquarium or the Corpus Christi Museum. He noted that the Aquarium is not in the Reinvestment Zone No. 1. He pointed out that the funds for the Museum were not approved in the bond election last year. Mr. Allen continued by mentioning the idea that Council Member McComb had presented for the People Street Project which has been endorsed by the Central Business District and will be considered by the Park and Recreation Board at their next meeting. He urged approval of this project. Mayor Pro Tem Best explained that the City Council was not attempting to dissolve the Reinvestment Zone -- they were simply trying to get the funds freed so that they can be used. He explained that he and Mr. Guerrero were just trying to obtain access to the City's portion of the funds because the Reinvestment Zone Board had not seemed willing to approve any projects. Council Member McComb pointed out to Mr. Allen that any time the City Council discusses the Reinvestment Zone, all of the people interested attend the Council Meetings. He suggested that those same supporters of the Reinvestment Zone should attend the School Board meetings, the Del Mar Regents' meetings, and the Nueces County Commissioners' Court meetings. There being no further business to come before the Council, on motion by Council Member Pruet, seconded by Council Member Guerrero and passed unanimously, the Regular Council Meeting was adjourned at 4:20 p.m., January 13, 1987. * * * * * * * * * * * * * DZ/rr I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of January 13, 1986, which were approved by the City Council on January 20, 1987. WITNESSETH MY HAND AND SEAL, this the 4- • — ▪ day of 7114-4-1A.1 I fl % . Armando Chapa, City Secre Cary City of Corpus Christi, Texas