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HomeMy WebLinkAboutMinutes City Council - 01/03/1989PRESENT Mayor Betty Turner Mayor Pro Tem Leo Guerrero Council Members: David Berlanga, Sr. Clif Moss Bill Pruet Mary Rhodes Frank Schwing * Mary Pat Slavik Absent Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 3, 1989 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Bill Storms of Travis Baptist Church following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Leo Guerrero. 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 Turner requested that the Council excuse Council Member Strong's absence from the meeting because of an illness, and a motion was made by Council Member Rhodes to excuse Ms. Strong; seconded by Council Member Pruet and passed unanimously; Schwing absent at the time the vote was taken. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of December 20, 1988, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Turner and Council Member Berlanga recognized Mr. Ceferino Valenzuela, Sanitation Superintendent, and Mayor Turner presented Mr. Valenzuela with a Proclamation designating January 3, 1989 as "Ceferino Valenzuela Day," in honor of his retirement from the Sanitation Department, and Mr. Berlanga presented him with a pin from the City Council. MICROFILMED linut e s Regular Council Meeting January 3, 1989 Page 2 Mr. Valenzuela expressed appreciation for the award; he introduced members of his family and stated that today is the proudest day of his life. * Council Member Schwing arrived at 2:05 p.m. Mayor Turner recognized Ms. Jean Newberry, Chairman of the Intergovernmental Commission on Drug and Alcohol Abuse, who introduced members of the Commission. She presented the Council with a Resolution adopted by the Commission and stated that the Commission is devoted to a quality of life for a drug-free community. Ms. Newberry commented on the Commission's goals and future projects, elaborating on the needs for a formal assessment. Ms. Newberry requested financial support in the amount of $25,000 as seed money to fund the Commission's initial project and future projects. Mayor Pro Tem Guerrero briefly commented on the reason why the Commission was established and moved that the Council support the Commission and direct staff to identify the appropriate source of funds for the $25,000 required to fund the Commission's seed money. The motion was seconded by Council Member Pruet. Discussion by various Council Members followed and Ms. Newberry answered questions posed by the Council and commented about the proposed time line for the funding. She stated that once the study is completed and the Commission has an action plan, they should be able to secure future state and federal funding. Mayor Turner amended Mr. Guerrero's motion for the Council to approve and support in concept the work of the Commission and their request for $25,000; direct staff to review the Commission's budget in depth; secure Commission approval; identify the potential sources of funds; and make the appropriate recommendation to the Council. Mayor Turner's amendment was accepted by Mr. Guerrero and Mr. Pruet who made and seconded the original motion. The motion passed unanimously; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 9 relative to a Resolution honoring local citizens and designating them as "Hometown Heroes." Mr. Robert Earley, President of the Corpus Christi Area Convention and Visitors Bureau, offered a brief explanation of the Hometown Hero Campaign which was initiated to encourage local citizens to participate in inviting associations to which they belong to convene in Corpus Christi. A motion was made by Council Member Pruet to approve the Resolution honoring local citizens and designating them as "Hometown Heroes." The motion was seconded by Council Member Slavik and passed unanimously; Guerrero absent at the time the vote was taken; Strong absent. The following Resolution was passed: finutes Regular Council Meeting January 3, 1989 Page 3 9. RESOLUTION N0. 20546 HONORING LOCAL CITIZENS WHO HAVE GIVEN OF THEIR TIME, ENERGY, AND RESOURCES TO HELP PROCURE CONVENTIONS FOR THE CITY OF CORPUS CHRISTI AND DESIGNATING THEM AS "HOMETOWN HEROES." The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Patricia Herman - Citizens Advisory Health Board and Inez Adams - Library Advisory Committee. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: Intergovernmental Comm. on Drug & Alcohol Abuse Oil & Gas Advisory Committee Doris Jensen Jannette Hallmark - Advisory Electrical Advisory Board Armando Martinez Larry Major Eloy Salazar Christine Wisian Mike Morgan Reappointed " " Ray Cardenas - Reappointed Gene Carter - Senior Community Services Advisory Committee Elva Alba - Reappointed Aileen Creighton - " Josephine Dobson - Dorothy Earwood - James Tait Jack Ratkovic Carol Carroll Eve Garza -Adams „ ,1 „ " Kennedy Causeway Advisory Committee Municipal Arts Advisory Committee Bette L. Harris Joan Ford Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 16, noting that Item No. 9 had been previously acted upon. In reference to Item No. 1 relative to Approving a Supply Agreement for Large Lamps, Council Member Moss inquired whether the City uses $4,500 worth of projector lamps a year, and City Manager Garza replied in the affirmative, noting that he will look into the situation. linutes Regular Council Meeting January 3, 1989 Page 4 Relative to Item No. 2 pertaining to Approving the Purchase of Sludge Containers for Wastewater Treatment Plants, Council Member Berlanga inquired about the number of bid invitations, and City Manager Garza responded by stating that only one bid was received, noting that one of the companies the City had been receiving bids from did not submit a bid. Victor Medina, Public Utilities Director, pointed out that this is a highly specialized item and not many people in the country manufacture this type of equipment. Council Member Berlanga expressed concern that local bidders did not receive bid invitations. Mr. Garza indicated that the bid was well advertised and that this bid was not local. Mr. Garza indicated that staff is in the process of finding a way to expand the City's bidder's list and that he will check into Mr. Berlanga's concern. Relative to Item No. 4 pertaining to the Execution of the Nueces County Community Action Agency Weatherization Agreement, Council Member Moss inquired about the number of units, and Assistant City Manager Elizondo explained that the proposed agreement provides repairs for a minimum of forty dwelling units from the 14th year CDBG Program. In reference to Items 5 and 6 relative to Mary Carroll Channel Widening - Parcels 9 and 14, Council Member Moss inquired if the City has notified the Appraisal District of the discrepancies in the appraisals, and City Manager Garza replied in the affirmative. Mr. Garza indicated that the City does not have the authority to formally object to the appraisals of individual parcels of land but can formally object to categories of land. In reference to a question from Council Member Berlanga on Item No. 6 relative to Mary Carroll Channel Widening - Parcel 14, Carl Crull, Acting Engineering Services Director, explained the location of the project and stated that it is the City's responsibility to maintain the channel. Relative to Item No. 8 pertaining to the Gardendale Area Street Improvements, Council Member Moss inquired when the contractor completed this job, and Acting Engineering Services Director Crull reponded by stating that the contractor completed the work about the end of November and he commented on the improvements. Relative to Item No. 14 pertaining to the Alley Closure Request - Fitchue Place and Hughes Addition, City Manager Garza indicated that an amendment needs to be made to the ordinance. Acting Engineering Services Director Crull noted that at the public hearing last week, a comment was made that several of the alleys were being used. Mr. Crull noted that staff re-evaluated the alleys and there was one alley which is T T finutes Regular Council Meeting January 3, 1989 Page 5 being used by multiple owners. He indicated that the ordinance needs to be amended to delete the south 150 feet of block 903 - Fitchue Place. In answer to a question from Council Member Berlanga, Mr. Crull indicated that the purpose of the closure of the alleys is for the City to get out of the maintenance of the alleys. He stated that the City does not have a program to pave the alleys, noting that the abutting property owner could get a permit to pave those alleys. A motion was made by Council Member Rhodes to amend Item No. 14 to delete the south 150 feet of block 903 - Fitchue Place. The motion was seconded by Mayor Pro Tem Guerrero and passed unanimously; Schwing absent at the time the vote was taken; Strong absent. In reference to Item No. 16 relative to Amending Chapter 4 and 26 of the Standard Fire Prevention Code, Mr. Raymond Hasker, 1813 Wallace, spoke in objection to this item. Mr. Hasker stated that these services are not new; there should not be a charge for them; and that there is a duplication of services. Mayor Turner pointed out that the code is being amended to reflect the changes in code administration which results from the adoption of the new permit fee schedule. In answer to a question from Council Member Slavik relative to the fumigation or thermal insecticidal fogging, City Manager Garza noted that this is part of the program to continue studying the City's permit fees and implement appropriate charges for the services the City is providing. In answer to another question from Mrs. Slavik regarding the same subject, Chief Adame indicated that relative to fumigation inspections, hospitals are required by state law to be done annually. He stated that they get an annual permit and notify the City when a fumigation is going to be done. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M89-0001 Motion approving supply agreements for large lamps with the following companies based on low bid for an extended annual expenditure of $32,350. The terms of the contracts will be twelve months with option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These items will be used by various departments. Consolidated Electrical Distributors $25,850 Graybar Electric 6,500 Total $32,350 iinutes Regular Council Meeting January 3, 1989 Page 6 The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 2. M89-0002 Motion approving purchase of four sludge containers and three dollies to be used by Wastewater Services from May Fabricators based on only bid for the total amount of $27,112. Funds are available in the 1988-89 Capital Outlay. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 3. M89-0003 Motion to authorize the purchase of excess workers' compensation insurance with $10 million per occurrence limits from Arther J. Gallagher Company for the period December 31, 1988, to December 31, 1989, for the amount of $56,040. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 4. M89-0004 Motion authorizing the City Manager to execute a Weatherization Agreement with Nueces County Community Action Agency which provides for maximum funding of $64,000.00 through the 14th Year CDBG Program to supplement the Home Weatherization Rehabilitation Program for repairs such as handicap access ramps, inner walls, bathrooms or other minor repairs to dwelling units which qualify under the program guidelines. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 5. M89-0005 Motion authorizing acquisition of Parcel 9, located north of Wooldridge Road between Airline and Rodd Field Roads, from Graford Rogers, Jr., at a cost of $39,596 for the Mary Carroll Channel Widening project. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. ,inutes Regular Council Meeting January 3, 1989 Page 7 6. M88-0006 Motion authorizing acquisition of Parcel 14, located north of Wooldridge Road between Airline and Rodd Field Roads, from Gerald Sutherland and Perry Biles at a cost of $28,350 for the Mary Carroll Channel Widening project. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 7. ORDINANCE NO. 20545 AMENDING ORDINANCE NO. 19966 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: Gardendale Area, Phase I - 1. Bonner Drive, from Everhart Road to South Staples Street, and 2. Betty Jean Drive, Nelson Lane and Burton Lane, from Holly Road to Williams Drive; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 8. M89-0007 Motion accepting the Gardendale Area Street Improvements project, and authorizing final payment of $94,698.74 and retainage interest to Oceanside Asphalt, Inc. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 10. ORDINANCE NO. 20547 AMENDING ORDINANCE NO. 19181, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST THE OWNERS OF PROPERTY ABUTTING ON SARATOGA BOULEVARD, FROM AYERS STREET TO SOUTH STAPLES STREET, AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. iinutes Regular Council Meeting January 3, 1989 Page 8 11. ORDINANCE NO. 20548 AMENDING ORDINANCE NO. 19845 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR CERTAIN STREET IMPROVEMENTS ON McARDLE ROAD IMPROVEMENTS. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 12. FIRST READING AMENDING THE CITY CODE, CHAPTER 21, ARTICLE II, SOLID WASTE PERMITS, SECTIONS 21-40, 21-41, AND 21-48, BY REPLACING REFERENCE TO DIRECTOR OF INSPECTIONS AND OPERATIONS WITH SANITATION SUPERINTENDENT OR HIS DESIGNEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 13. SECOND READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI INDUSTRIAL PARK FOR DEVELOPMENT FEES ASSOCIATED WITH THE INDUSTRIAL TECHNOLOGY PARK. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 14. SECOND READING CLOSING AND ABANDONING 10 PUBLIC ALLEYS, INCLUDING PORTIONS OF BLOCKS 903 AND 1103 AND ALL OF BLOCKS 1003, 1203, 1303, 1403, AND 1503 IN FITCHUE PLACE, AND BLOCKS 1, 2, and 4 OF THE HUGHES ADDITION, SUBJECT TO THE PROVISIONS BELOW: PROVIDING FOR SEVERANCE. The foregoing Ordinance was passed, as amended, on second reading by the following vote: Turner, Guerrero, Berlanga, Pruet, Rhodes and Slavik voting, "Aye"; Moss voting, "No"; Schwing absent at the time the vote was taken; Strong absent. 15. ORDINANCE NO. 20549 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE LA MER CONDOMINIUM FOR LANDSCAPING IMPROVEMENTS AT THE INTERSECTION OF PARK STREET AND UPPER BROADWAY. linutes Regular Council Meeting January 3, 1989 Page 9 The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 16. ORDINANCE NO. 20550 AMENDING THE STANDARD FIRE PREVENTION CODE, 1985 EDITION, ADOPTED BY ORDINANCE NO. 19590, BY AMENDING CHAPTER 4, PERMITS AND CERTIFICATES BY ADDING SECTIONS 402.32, HOSPITALS AND NURSING HOMES, AND 402.33, DAY CARE FACILITIES, AND BY AMENDING SECTION 401.13.1, PERMIT REQUIRED; AND AMENDING CHAPTER 26, FUMIGATION AND THERMAL INSECTICIDAL FOGGING, BY AMENDING SECTION 2602.2, NOTIFICATION OF FUMIGATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 17 thru 22. Mayor Pro Tem Guerrero expressed concern about the taxicab situation at the airport. He indicated that the cabs are in very poor condition and that there should be inspections. Mr. Guerrero commented on a problem regarding renegade taxicab drivers. City Manager Garza stated that the cabs should be properly marked and that there are some requirements they have to abide by in order to pass as a taxicab. Council Member Berlanga inquired if the Yellow -Checker Cab Company has sixty vehicles in operation because they have requested a permit for sixty vehicles, and Acting Engineering Services Director Crull replied that they requested permits for up to sixty vehicles, noting that they only pay for what they are permitted for. Mr. Berlanga indicated that he would like to see a permit issued only to the acutal number of cabs which are in operation because of the problem of interchanging. Mr. Crull indicated that the City has been remiss in not providing routine inspections of the taxicabs. He stated that staff has requested the Police Department to assist in the operation which will increase the number of inspections available. Mr. Crull indicated that the position of taxicab inspector is presently vacant. Mayor Pro Tem Guerrero referred to the permit approved for a cab in Flour Bluff, noting that cab is regularly at the airport. linutes Regular Council Meeting January 3, 1989 Page 10 Assistant City Manager Jesus Garza stated that cab strictly serves the island and Flour Bluff and does have the proper signage. Mr. Garza indicated that staff will look into the issue of enforcement. In reference to Item No. 22 relative to Authorization by Resolution to Conduct Public Hearings for Annexations, Council Member Slavik referred to the summary in the Annexation Study for the April 1, 1989 election and inquired if the City will make a profit of about $53,000 the first year, and City Manager Garza replied in the affirmative. Mrs. Slavik inquired if the $95,000 cost is for services rendered by the various City departments, and City Manager Garza replied in the affirmative. In answer to a question from Mrs. Slavik, Brandol Harvey, Planning Director, stated that infrastructure will be provided as development demands it. He stated that a distinction should be made between what is presently existing in place and the infrastructure necessary to serve that. Mr. Harvey stated that if the area 1s annexed and it is developed, infrastructure will be put in place as it is developed which is the policy throughout the City. City Manager Garza indicated that there are several ordinances in place which are designed to have the City capture the money necessary to provide development. He emphasized that in the annexation proposal there are areas which are reined in by the City and the picture needs to be completed. He stated that there are many areas that remain outside the City limits which are subject to random development and not under the City codes, zoning ordinances, etc. Mr. Garza elaborated on the reasons for annexation. He stated that this proposal does not propose extending the City's boundaries. Council Member Slavik inquired what was deleted because 2,870 acres were originally decided upon by the Council, and Assistant City Manager Elizondo responded by stating an industrial tract by the City landfill. He stated that the City will initiate a discussion with the property owner regarding an industrial district. Mr. Elizondo elaborated on the location and explained the industrial district concept. In answer to a question from Council Member Moss regarding the annexation election for the Rodd Field area, City Manager Garza stated that the City can annex either by ordinance or by an election, noting that if it is by election that is where the decision will be made. The topic of the petition regarding annexation and the Rodd Field area received considerable discussion by the Council and City Manager. It was pointed out by City Manager Garza that the petition effectively killed the annexation previously enacted by ordinance. He stated that people will have a chance to express their opinion at the public hearings and that any annexation .inutes Regular Council Meeting January 3, 1989 Page 11 by ordinance could be defeated thru a petition. Mr. Garza indicated that this is a new annexation proposal and will be submitted to the voters. There were no comments from the audience on Items 17 thru 22. City Secretary Chapa polled the Council for their votes and the following were passed: 17. FIRST READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. LONNIE KING, DBA KING CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. 18. FIRST READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. JOE EMANUEL AND MR. TOMMIE ROY CAGE, DBA STAR CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. 19. FIRST READING AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MR. JIM FISHER, DBA YELLOW -CHECKER CAB COMPANY, FOR THE OPERATION OF A TAXICAB SERVICE WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE-YEAR PERIOD EFFECTIVE NOVEMBER 22, 1988, THROUGH NOVEMBER 21, 1993; SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. iinutes Regular Council Meeting January 3, 1989 Page 12 20. M89-0009 Amending prior to second reading the ordinance read November 8, 1988 which provided for changes to the City Code, Chapter 21, Garbage, Trash, and Other Refuse to include provisions related to private companies offering residential collection services. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. 21. SECOND READING AMENDING THE CITY CODE, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, BY AMENDING SECTION 21-4, COLLECTION SERVICES OF THE SANITATION DIVISION AVAILABLE UNLESS PROPERLY REFUSED; AMENDING SECTION 21-19, SUBSECTION (B), CHARGES FOR SERVICES TO BUSINESS AND COMMERCIAL ESTABLISHMENTS; ADDING A NEW SECTION 21-19, SUBSECTION (C), WAIVER OF DISPOSAL FEES FOR NON-COMMERCIAL CUSTOMERS; AND AMENDING SECTION 21-21.1, CHARGES FOR DEMOLITION DEBRIS: PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. 22. RESOLUTION NO. 20551 AUTHORIZING THE SETTING OF PUBLIC HEARINGS TO CONSIDER POSSIBLE ANNEXATION BY ELECTION ON APRIL 1, 1989, THOSE AREAS IDENTIFIED IN MAP ATTACHED HERETO AS EXHIBIT A. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 23. Application No. 1288-1, Parkdale Bank: For a change of zoning from "A -T" Apartment -Tourist District to "B -2A" Barrier Island Business District on Lot 3, Block 27B, Padre Island - Corpus Christi - Island Fairway Estates, located on the west side of Padre Island Drive, approximately; 700' south of Compass Street. Mayor Turner stated that the Planning Commission and Staff recommend approval of this application. The audience offered no objection to the application. T dnutes Regular Council Meeting January 3, 1989 Page 13 A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Slavik and passed unanimously; Guerrero and Moss absent at the time the vote was taken; Strong absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20552 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PARKDALE BANK BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 27B, PADRE ISLAND - CORPUS CHRISTI - ISLAND FAIRWAY ESTATES FROM "AT" APARTMENT TOURIST DISTRICT TO "B -2A" BARRIER ISLAND BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and Moss absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 24. Application No. 1288-4, Webb & Salyer, P.C.: For a change of zoning from "Al" Apartment House District to "AB" Professional Office District on an approximately 100' wide tract, extending between South Upper Broadway and South Carancahua Streets, 162.49± north of the north right-of-way line of existing Park Avenue, located on the west side of South Upper Broadway, approximately 162' north of Park Avenue. Mayor Turner indicated that the Planning Commission and Staff recommend approval of this application. There were no objections from the audience. A motion to close the public hearing was made by Council Member Pruet; seconded by Council Member Rhodes and passed unanimously; Guerrero and Moss absent at the time the vote was taken; Strong absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20553 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WEBB & SALYER, P.C. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 2, BERNARD ADDITION FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. T .inutes Regular Council Meeting January 3, 1989 Page 14 An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and Moss absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 25. Application No. 1288-5, South Texas Lighthouse for the Blind: For a change of zoning from "B-5" Primary Business District to "I-2" Light Industrial District on Lots 7 through 12, Block 1, Hillside Addition, located on the southwest corner of Leopard and Coke Streets. Mayor Turner indicated that the Planning Commission and Staff recommend approval of this application. There were no comments from the audience. A motion to close the public hearing was made by Council Member Schwing; seconded by Council Member Berlanga and passed unanimously; Guerrero absent at the time the vote was taken; Strong absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20554 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SOUTH TEXAS LIGHTHOUSE FOR THE BLIND BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 7, 8, 9, 10, 11, AND 12, BLOCK 1, HILLSIDE ADDITION FROM "B-5" PRIMARY BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 26. Application No. 1288-6, Southguard Corporation: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 8, 10 and 12, Block 78, Brooklyn Addition, located on the southeast corner of East Causeway Boulevard and Surfboard Avenue. Mayor Turner indicated that the Planning Commission and Staff recommend denial of the application, and in lieu thereof, grant a special permit for a 196 T .inutes Regular Council Meeting January 3, 1989 Page 15 square foot sign, 49.5' in height and to be set back a minimum of 20' from the property line. Mayor Turner inquired if the special permit is acceptable to the applicant and he replied in the affirmative. There were no objections from the audience. A motion to close the public hearing was made by Council Member Slavik; seconded by Council Member Pruet and passed unanimously; Guerrero absent at the time the vote was taken; Strong absent. Council Member Pruet inquired about the status of the special permit zoning procedures, and Planning Director Harvey indicated that Assistant City Manager Elizondo is preparing a report which will be brought to the Council, and Mr. Elizondo indicated that he is studying the proposal submitted by Mr. Harvey and will discuss it with the City Manager. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20555 AMENDING THE ZONING ORDINANCE UPON GRANTING A SPECIAL COUNCIL PERMIT 49.5' IN HEIGHT, AND TO BE SET PROPERTY LINE ON LOT(S) 10 AND DECLARING AN EMERGENCY. APPLICATION OF SOUTHGUARD CORPORATION BY FOR A 196 SQUARE FOOT FREESTANDING SIGN, BACK A MINIMUM OF 20' FROM THE FRONT 12, BLOCK 78, BROOKLYN ADDITION; AND An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner called for liaison and other reports from the Council. Council Member Rhodes referred to a call she received regarding the cancellation of the sports TV channel. This topic received some discussion and it was noted that people can call P. C. Gracia in the City to express their opinions. Council Member Slavik suggested that the issue of rerouting Shoreline Boulevard should be put on the ballot for the voters to decide. She stated that the Council has received undeserved criticism and she does not want it to be another Landmass controversy. Mrs. Slavik moved that the issue of the Closing of Shoreline be put on the ballot to be voted on by the public as a referendum .inutes Regular Council Meeting January 3, 1989 Page 16 vote. She indicated that the item should be broadly worded on the ballot. Mayor Pro Tem Guerrero seconded the motion. Mr. Guerrero expressed concern because the City does not know how the ballot should be worded. Mr. Guerrero indicated that the City does not know what is going to be closed. Council Member Rhodes stated that this issue is not ready to be put on the ballot and that it is not practical because the Council does not know what they want done with it. Mrs. Rhodes stated that if a vaguely worded item is on the April ballot it would ensure defeat of the project. Council Member Pruet stated that the closing of Shoreline is a bad terminology, noting that it should be called the relocation. He stated that to put every controversial issue that comes before the Council on the ballot makes a farce out of the Council. Mr. Pruet indicated that this was previously discussed by the Council and they approved the concept of the realignment in 1987. He requested a copy of the Minutes of the Council Meeting when this occurred. After substantial discussion regarding the Shoreline issue by various Council Members, City Manager Garza indicated that the word closure should not be used, noting that it is the rerouting of the water side. He reminded the Council that the plans were presented to them sometime ago and they indicated that they wanted staff to pursue the details of one of the plans. Mayor Turner called for the vote on the motion and it failed to pass by the following vote: Guerrero and Slavik voting, "Aye"; Turner, Berlanga, Moss, Pruet, Rhodes voting, "No"; Schwing absent at the time the vote was taken; Strong absent. Mayor Pro Tem Guerrero referred to the upcoming hearing on Woody's Lounge and inquired who will conduct the hearing, and City Attorney George indicated that it has not been decided. Discussion followed and Mr. George indicated that the City intends to have a presentation made of all the criminal activity in that area and he commented on the people who will be invited to make comments. Mr. George indicated that the statute under which the petition was brought states that the petition was presented to the City Attorney, the County Attorney and the District Attorney and one of those individuals will designate a hearing officer. Mr. George indicated that the Council will be provided sufficient record of the hearing. inutes Regular Council Meeting January 3, 1989 Page 17 Mr. Guerrero inquired if sufficient notice was posted, noting that there was not a thirty -day notice, and Mr. George indicated that he would check it out. Council Member Berlanga suggested that an appeal be made to the Liquor Commission in Austin. City Attorney George indicated that as these neighborhood bars reapply for their permits, the City is notified and it may be in the City's best interest to take a look at code violation and appear at those hearings. Mr. Berlanga requested that the Council read over material he presented to them concerning a Resolution which will be introduced at the Legislature by Senator Truan relative to public utility rates whereby he is requesting the support of the Council. City Manager Garza indicated that staff has reviewed the material presented by Senator Truan; they are in agreement; and it will be brought before the Council. Council Member Slavik referred to the upcoming Padre Island public hearing and suggested that staff contact Mr. Ken Cross in the Attorney General's office and invite him to the hearing or the Council meeting. She noted that there is some confusion relative to a letter he submitted. City Manager Garza apologized for not consulting the Council relative to the Tuesday evening meeting. He stated that if the Council desired to change the hearing, it could be rescheduled. Council Member Slavik encouraged the staff to avoid sending the Council special deliveries because it is too expensive. Mrs. Slavik indicated that there was a concern by the public regarding the number of City staff not in attendance during the Christmas holidays. Council Member Guerrero referred to the report which concluded that the hooding of the parking meters downtown lost about $6,000 in revenues. He noted that it is going to be done for another quarter and expressed concern about losing more money. He stated that he would rather take the money that was lost and spend it on advertising downtown. City Manager Garza noted that it was agreed to review the situation in 90 days and make a final recommendation in 180 days. Council Member Berlanga noted that several businesses have located downtown and that has increased the tax revenue. He noted that revenue which has been lost has been doubled in other ways in the downtown area. T T inutes Regular Council Meeting January 3, 1989 Page 18 Mayor Turner noted that there are a number of closed businesses downtown but vehicles parked in loading zones continue to be ticketed. She requested that it be checked out because it is causing serious problems, and Assistant City Manager Jesus Garza indicated that staff is in the process of evaluating the situation. Mayor Pro Tem Guerrero referred to the fifteen -page results on the parking meters and noted that the City has wanted to achieve with the parking meters. He suggested done with the money. He made a motion to remove the meters, and Council Member Rhodes seconded the motion. pass by the following vote: Guerrero, Rhodes and Slavik Berlanga, Moss, Pruet, and Schwing voting, "No"; Strong ab report relative to the not achieved what they that something else be hoods on the parking The motion failed to voting, "Yes"; Turner, sent. Mr. Guerrero inquired about the holdup on the Maritime Building which was to be used by the play actors, and City Manager Garza indicated that he had some problems in fixing up a building which will eventually be torn down. He indicated that the issue has been resolved; the roof will be repaired; and the area will be used for storage and made available for other groups. Council Member Moss inquired about the cost of the report which will be provided to the residents and published on January 22, and City Manager Garza replied that it will be about six or seven thousand dollars. He stated that the report is intended to give the status and accomplishments of the service provided by the City to the residents. In answer to a question from Council Member Slavik, Mr. Garza offered a brief explanation of the report and noted that it will be an insert in the newspaper. He stated that if there are no objections from the Council he will proceed with it. Council Member Moss inquired when the City will sell the bonds, and City Manager Garza replied on January 17. He stated that the City has not yet received its rating, but he has been told that there will be no change in the rating. Mr. Moss reminded the Council that the Veterans Band is soliciting money to go to the inauguration of the President. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Raymond Hasker, 1813 Wallace, referred to a motion made previously by Council Member Slavik and seconded by Mayor Pro Tem Guerrero relative to Shoreline and inquired if there was a record made of the vote, and if it will be linutes Regular Council Meeting January 3, 1989 Page 19 public record. Mr. Hasker commented on the high cost of the City staff commenting on pay raises. Mr. David Raschen, 229 NAS, referred to the closure of Holly Road because of trash being dumped. He suggested that instead of a solid fence that old railroad tracks or pilings be placed across the road so it would be accessible to fishermen. Mayor Turner suggested Mr. Raschen present his ideas to Assistant City Manager Garza. Ms. Marie Spear, 9320 Padre Island Drive, stated that there was an article in the Flour Bluff Sun on the same issue. She suggested that when the City has an issue pertaining to Flour Bluff that a public notice be sent to the Flour Bluff Sun. Mayor Turner called for the City Manager's report. City Manager Garza noted that staff has drafted a bill which requires Council support whereby state would authorize the City to work with the county to withhold license plates to people who have not paid their traffic violations. Mr. Garza noted that the City is working with the Chamber and 4UCC on renting an apartment or condominium in Austin so that there will be a savings on housing costs when individuals are traveling to Austin on legislation matters. Mr. Garza indicated that the City's share for the apartment or condominium would be $300. Mr. Garza indicated that the City's legislative person is Assistant City Manager Tom Utter. Mr. Garza noted that there will be a TML legislative briefing session in Austin and inquired if the Council will attend, and City Secretary Chapa indicated that he will inform the Council of the details. Council Member Slavik suggested that the information be brought back to the Council if they are not able to attend the session. Mr. Garza indicted that there is a reception for Ceferino Valenzuela on Friday between 3:00 and 5:00 at the Sanitation Department. Mr. Garza informed the Council that Commander Garrett has announced his retirement and he has asked him to do some liaison work, noting that he would like to utilize his experience in the City Manager's office. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 5:10 p.m. on January 3, 1989. * * * * * * * * * * * * * * T T r� 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 3, 1989 which were approved by the City Council onJanuary10, 1989. WITNESSETH MY HAND AND SEAL, this the Y - day of 19 1 etty Tu '•'er, MAYOR Armando Chapa, City S dretary City of Corpus Christi