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
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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:
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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Regular Council Meeting
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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.
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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
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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.
* * * * * * * * * * * * * *
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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