HomeMy WebLinkAboutMinutes City Council - 01/10/1989PRESENT
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 10, 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 Reverend Clifford Taylor of Bethany
Christian Church following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Bill Pruet.
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.
Council Member Pruet made a motion to excuse Council Member Strong's
absence from the Council Meeting because of an illness. The motion was seconded
by Council Member Rhodes 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 January 3, 1989, and there being no additions or corrections, she
proclaimed them approved as presented.
Mayor Turner administered the Oaths of Office to the following Board and
Committee appointees: Mike Morgan - Electrical Advisory Board; Doris Jensen and
Jannette Hallmark - Intergovernmental Commission on Drug & Alcohol; Joan Ford -
Municipal Arts Advisory Committee; Carol Carroll and Eva Garza -Adams - Senior
Community Services Advisory Committee.
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Reg__ar Council Meeting
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Page 2
Mayor Turner announced the bid openings on the following mineral leases:
1. Mineral lease for the 157.579 acre J. C. Elliott Landfill.
2. Mineral lease for 44.7089 acres comprised of the Carroll Lane, Richter and
Gabriel Terrace drainage ditches, and Westhaven Park.
3. Mineral lease for the 100.32 acre Westside Wastewater Plant site.
James Conn, Petroleum Inspections Superintendent, opened bids on the three
mineral leases from Mr. Jerry L. Keehan, a contract landman for Sun Exploration
and Production Company, and recommended that all three bids be accepted.
A motion was made by Council Member Rhodes to accept the leases for all
three pieces of property; seconded by Council Member Pruet and passed
unanimously; Schwing absent at the time the vote was taken; Strong absent.
(M89-0010)
* * * * * * * * * * * * * *
Mayor Turner called for Consent Motions, Resolutions, Ordinances and
Ordinances form previous meetings, and Council Members requested that Items 3,
5, 6 and 16 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were approved:
1. M89-0011
Motion approving a supply agreement for galvanized meter stops with C.C.
Pipe and Supply for the estimated total amount of $13,374.10 based on low
bid. The term of the contract is for twelve months with an option to
extend for an additional twelve months, subject to the approval of the
seller and the City Manager or his designee. The meter stops are to be
used by the Gas Division.
The foregoing Motion was approved 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. M89-0012
Motion approving a supply agreement for liquid chlorine with PPG Industries
based on the low bid of $98,463. The term of the contract 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. The
chlorine will be used by the Water Division for water treatment.
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The foregoing Motion was approved 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. M89-0014
Motion awarding a contract for $150,600 to J. R. Clancy, Inc., for the
design, construction and installation of the orchestra pit elevator and
extension at the Bayfront Plaza Convention Center.
The foregoing Motion was approved 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. M89-0017
Motion authorizing the City Manager to submit to the Department of Housing
and Urban Development a request for funding in the amount of $172,000 for
the fiscal year 1989-90 Rental Rehabilitation Program.
The foregoing Motion was approved 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. RESOLUTION NO.20556
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE TRANSFER TO
THE STATE OF TEXAS OF EASEMENT AND OWNERSHIP RIGHTS FOR 30 PARCELS FOR THE
SOUTH STAPLES STREET IMPROVEMENTS PROJECT.
The foregoing Resolution was passed by the following vote: Turner,
Guerrero, Berlanga, Moss, Rhodes and Slavik voting, "Aye"; Pruet
abstaining; Schwing absent at the time the vote was taken; Strong absent.
9. FIRST READING
CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 3, 4, AND 26
IN BLOCK 1 OF DEL MAR SUBDIVISION, SUBJECT TO THE PROPERTY BEING REPLATTED
AT APPLICANT'S EXPENSE WITHIN 180 DAYS OF THE PASSAGE OF THIS ORDINANCE.
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.
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10. SECOND 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 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.
11. SECOND 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 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.
12. SECOND 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 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.
13. SECOND 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.
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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. ORDINANCE NO. 20557
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 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.
15. ORDINANCE NO. 20558
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 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.
* * * * * * * * * * * * *
In reference to a question from Council Member Moss on Item No. 3 relative
to the Water Department Facilities, City Manager Garza stated that the funds for
this item will be taken from the wastewater fund and the water fund.
In response to other questions from Mr. Moss, Carl Crull, Acting
Engineering Services Director, stated that the City will take bids for this
facility in August and it is presently in the final design phase. Mr. Crull
briefly outlined the time schedule and stated that construction will require
about a nine to ten-month period. He indicated that the City will request
Morgan Spear Associates to accelerate the time schedule as much as possible.
Mr. Moss inquired if the time frame could be improved, and City Manager
Garza indicated that he will look into the situation and try to improve the time
schedule. Mr. Garza indicated that this is an attempt to consolidate the
Wastewater and Water administration offices and provide needed space for
Wastewater operations.
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In answer to a question from Mayor Turner, Assistant City Manager Jesus
Garza indicated that the City will begin the design of this addition
immediately. He stated that he will meet with Morgan Spear Associates to see
how the project could be expedited. Mr. Garza indicated that he will keep the
Council apprised of the time schedule.
Relative to Item No. 5 pertaining to the Westside Wastewater Treatment
Plant Expansion, Council Member Slavik inquired about the difference in the bid
estimates, and Assistant City Manager Jesus Garza indicated that the City is
working with the consultant to identify changes to enable the bids to come in
within budget.
In answer to a question from Council Member Moss relative to re -bidding the
project, City Manager Garza indicated that the City considered developing an
amendment to the Capital Improvements Program and readjusting the priorities,
but stated that it could not be done.
Mr. Moss inquired when the City will go out for bids and Assistant City
Manager Garza indicated that once authorization is received from the City
Manager, the City will advertise this weekend and should receive bids March 1.
Council Member Moss requested an explanation of the $5,300 for Item No. 9
relative to the Time extension for Maintenance Center Mineral Lease, and James
Conn, Petroleum Inspections Superintendent, responded by stating that the
lessee, Jerry L. Keehan, will pay the City $5,300 to continue the mineral lease
for an additional year.
* Council Member Schwing arrived at the Council Meeting at 2:25 p.m.
In reference to Item No. 16 relative to the Alley Closure Request - Fitchue
Place and Hughes Addition, Mr. Rix Musslewhite, 5808 Wicklow, commented on
problems with the alley closings in the Fitchue area. He stated that he has six
houses located in the T. G. Allen street improvement area and five are affected
by the alley closings. Mr. Musslewhite indicated that he is representing Ms.
Lena Harris, 210 Adams, and Mr. Michael Shamoan, 535 Naples, who are opposed to
portions of the alley closings.
Mr. Musslewhite continued by stating that Ms. Harris owns the Donut Shop
which is located in block 1203 in front of Wynn Seale Junior High School and
would like that portion of the alley exempted from the closing because the alley
is used for the shop's drive -up window traffic. Mr. Musslewhite spoke for Mr.
Shamoan and stated that he has a building located in block 1103 which he rents
to an auto parts company and a garage. Mr. Musslewhite indicated that the
garage's bay doors are located in the alley and Mr. Shamoan has requested that
this portion of the block be exempt from the closing. In reference to the alley
in block 1003, Mr. Musslewhite indicated that he is in favor of closing the
alley from Ms. Harris' section down to McKenzie.
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Mayor Turner stated that she understood that the alleys scheduled to be
closed were not being used at all and she indicated that it is not the City's
intention to create a hardship on any individual.
Carl Crull, Acting Engineering Services Director, indicated that the alleys
were not being used or were used by the first property owner off of the
intersecting Street. He stated that he did not personally review the area but
had spoken with Mr. Musslewhite. Mr. Crull referred to the Donut Shop which is
set away from the alley property line and stated that staff feels that the
combination of that driveway and one-half of the alley which would be returned
to the owners of the Donut Shop would be sufficient to maintain the circulation
in that area. In reference to the garage, Mr. Crull stated that his staff has
looked at the area and that the fence from the Maverick Market is on the
property line of the alley and under normal circumstances half the alley would
go to the abutting property owner. He stated that the City can either leave
that portion of the alley open, which would create a dead end alley or Mr.
Shamoan could purchase that portion of the alley from the Maverick Market.
Discussion followed and Council Member Rhodes expressed appreciation to Mr.
Musslewhite for bringing this information to the attention of the Council. Mrs.
Rhodes made a motion to table Item 16 so that Mr. Musslewhite can meet with
staff and straighten out the situation for future presentation to the Council.
The motion was seconded by Council Member Slavik and passed unanimously; Strong
absent.
Assistant City Manager Jesus Garza indicated that he will meet with Mr.
Musslewhite and discuss the issues he presented. He clarified the definition of
"use" in reference to public alleys and indicated that alleys are for public use
and are the responsibility of the City.
Council Member Pruet stated that the material given to the Council
specifically stated that none of the alleys were being used and the Council used
that as the criteria for the first and second readings of the ordinance. Mr.
Pruet noted that there needs to be more awareness among the staff to take into
consideration the tax base and property owners, as well as expediting the alley
closure.
Council Member Slavik noted that in the past when the City closed alleys
they were very careful not to close alleys unless the people were polled.
Mayor Pro Tem Guerrero stated that it should be recognized that the City
closes alleys to establish a policy and fulfill ordinances in the City which
help in the development. He stated that any time anyone opposes an alley
closing, it is usually self-serving and the entire growth and future of the City
cannot be jeopardized based on every objection.
Council Member Rhodes stated that she sent in a Council form letter
relative to the issues presented by Mr. Musslewhite and has never received a
response. She noted that forms get lost and that is why the Council brings up
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various matters at the end of the Council Meeting because they get taken care
of. She suggested a method of having Council concerns placed on a list, and
City Manager Garza stated that he is concerned about this situation and is
working on a solution.
City Secretary Chapa polled the Council for their votes and the following
were passed:
3. M89-0013
Motion amending the agreement for Architectural Services with Morgan Spear
Associates, Inc., which was authorized by the City Council on June 21,
1988, for the design of Water Department facilities, to provide an
additional fee of $26,000.
The foregoing Motion was approved by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent.
5. M89-0015
Motion rejecting the bids received October 18, 1988, for the expansion of
the Westside Wastewater Treatment Plant.
The foregoing Motion was approved by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent.
6. M89-0016
Motion authorizing a one-year extension to the three-year primary term oil
and gas lease for the 97.012 acre Maintenance Center granted to Jerry L.
Keehan by the City Council on March 18, 1986.
The foregoing Motion was approved by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent.
16. Tabled
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PROViSFANS-BELOW;-PROVIDING-FAH-SBu£RANGEv
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 17 thru 19a.
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Council Member Rhodes requested an explanation of Item 19a relative to a
federal enterprise zone, and Mayor Turner indicated that Congressman Solomon
Ortiz' office notified the City that there is a possibility that Corpus Christi
might be considered for that designation along with other cities in the United
States.
City Manager Garza indicated that the deadline for submission of the
application to be designated as an enterprise zone is January 17. He stated
that the reason it was not brought before the Council was because the City had
not shown an interest in applying and that yesterday Speaker of the House Wright
had indicated his support for it. Mr. Garza stated that Assistant City Manager
Tom Utter has done research on it; he has the expertise to put an application
together; information is needed from the HUD office; and there would be an
expenditure of about $9500 of funds involved. He stated that there would be no
guarantee that the City would-be designated and competition will be tough.
In response to questions from Council Members, Assistant City Manager Tom
Utter offered an explanation of federal and state enterprise zones. He stated
that the state passed enterprise zone legislation in anticipation that the
federal government would adopt enterprise zones. He stated that presently state
and local enterprise zones do not have much benefit; they have not really worked
in the state of Texas; and they are really waiting on a federal enterprise zone.
He stated that at the present moment all the federal enterprise zone does is
target CDBG funds; it does not mandate that targeting; and the City would not
receive another penny.
Mr. Utter commented on the location of the proposed zone and stated that
the City would probably consider the pocket of poverty UDAG zone. He stated
that under the enterprise zone, there has to be a high unemployment rate, a loss
of populations within an area and a high poverty rate. Mr. Utter indicated
that the state enterprise zone has some advantage but the federal does have a
major advantage.
In reference to Item No. 19 relative to Alcoholic Beverages in Parks Near
Schools, Council Member Slavik inquired if signs will be placed in the parks,
and Assistant City Manager Hennings replied in the affirmative.
Council Member Rhodes indicated that she would like to amend the ordinance
to make it stronger. She made a motion that any waiver to possess alcoholic
beverages would have to be granted by the Council so that it becomes a public
issue. The motion was seconded by Mayor Pro Tem Guerrero.
Council Member Berlanga referred to the waiver and indicated that there are
times when schools have activities on Saturdays.
The motion made by Mrs. Rhodes passed unanimously; Strong absent.
The following people spoke in support of Item No. 19 and urged the Council
to support the ordinance: Ms. Pinky Brauer, 505 Bellview, President of the City
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Council PTA; Ms. Doris Jensen, 4802 Augusta Drive, President of the Mary Carroll
High School PTA; Ms. Nettie Mongia, 829 James; and Ms. Abbey Saenz, 5127 Cape
Ann, Vice President of the City Council PTA.
Mayor Pro Tem Guerrero pointed out that the Police Officers Association
endorses this ordinance.
City Secretary Chapa polled the Council for their votes and the following
were passed:
17. M89-0018
Motion granting a 3 -month time extension for final City Council action to
be taken on Zoning Application No. 588-5, Mr. Leonard Sanchez.
The foregoing motion was passed by the following vote: Turner, Guerrero,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent.
18. RESOLUTION NO. 20559
URGING THE STATE LEGISLATURE TO PROMPTLY CONSIDER AND APPROVE A RESOLUTION
BY SENATOR CARLOS TRUAN URGING THE TEXAS PUBLIC UTILITY COMMISSION TO
INITIATE A PROCEEDING TO ADJUST UTILITY RATES TO REFLECT INCOME TAX
REDUCTIONS.
The foregoing Resolution was passed by the following vote: Turner,
Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye";
Strong absent.
19. FIRST READING
AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE
TIME ACTIVITIES, SEC. 36-11, CURFEW; ALCOHOLIC BEVERAGES, BY AMENDING
SUBSECTION (a); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading, as amended, by the
following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing
and Slavik voting, "Aye"; Strong absent.
19a. RESOLUTION NO. 20560
AUTHORIZING THE PREPARATION AND SUBMISSION OF A NOMINATION FOR FEDERAL
ENTERPRISE ZONE DESIGNATION FOR THE CITY OF CORPUS CHRISTI AND DIRECTING
THE CITY MANAGER TO EXECUTE THE NOMINATION AND ALL SUPPORTING
DOCUMENTATION.
A
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The foregoing Resolution was passed by the following vote: Turner,
Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye";
Strong absent.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza spoke of his intention to ask the Convention and
Visitors Bureau for financial assistance for the Veterans Band's trip to the
inauguration of the President. He indicated that the Veterans Band's appearance
at the inauguration would be tremendous public relations for Corpus Christi.
Mr. Garza indicated that he will keep the Council informed of his meeting with
the Bureau.
Council Member Slavik suggested that $5,000 be requested of the Bureau,
noting that it would be a legitimate expense.
Council Member Berlanga stated that he had spoken with Senator Graham and
Congressman Ortiz and requested their support for the Veterans Band. He noted
that the Senior citizens had put on a dance and raised $500 for the Veterans
Band. Mr. Berlanga indicated that the Veterans Band is the official City band
and he suggested that $10,000 be requested of the Visitors Bureau.
Mayor Turner stated that it is an honor for the Veterans Band to be invited
to appear at various events during the inauguration of the President and she
stated that she would like to see individual Council Members support the band if
they can.
Mayor Pro Tem Guerrero stated that if the City is going to make a
commitment, it should be at least $25,000 and he requested that the City Manager
locate the source of money for the band.
Council Member Rhodes stated that every week the City Manager is asked by
the Council to find money for something, and City Manager Garza stated that
every week the budget is monitored and that next year it is going to be a tough
and challenging job to put the budget together.
Mayor Turner called for liaison and other reports from the Council.
Council Member Slavik referred to the Oso odor problem and inquired about
the $265,000 to replace the headworks at the sewer plant, and City Manager Garza
noted that the City could rearrange the priorities in the bond fund or find some
monies in the wastewater fund to be allocated to that project.
Assistant City Manager Jesus Garza indicated that he is presently working
on the report and it will be completed this month. He stated that there are a
series of options under consideration and the Council will be presented a
complete presentation.
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Council Member Rhodes indicated that this situation is important and the
City should spend money on infrastucture needs before money is spent on
politically popular things.
Council Member Slavik expressed concern that the Council was not informed
of the Mayor's and City Manager's request for financial assistance of $3 million
from the Port to help with the repair of the T -heads. She suggested that any
time money is requested from another governmental body, the Council should be
informed.
City Manager Garza indicated that he intended to inform the Council and
there would have been a presentation on January 17. He stated that things got
out of control and it was not something he intended to do.
Council Member Slavik referred to the subject of drugs in the work place
and suggested that the Council voluntarily agree to be tested for drugs and
possibly request the staff to be tested on a voluntary basis. She stated that
she would like the Council to take the lead because it would send out a message
to the community.
City Attorney George stated that the issue of mandatory testing is pending
before the U.S. Supreme Court. He noted that in 1986 it was suggested that the
City have a program of drug testing; there was a five-page memo sent out
relative to the pros and cons of the law is and what the liability issues were;
and that there were seven conclusions. Mr. George indicated that if this is
done, the City should be committed to do it correctly because of the liability.
He stated that presently it is being done on a probable cause type basis and
expressed concern that if someone is hired to do the drug testing and it is
inaccurate, there could be a problem.
City Manager Garza indicated his willingness to be tested and stated that
the program should be well thought out and administered.
Council Member Pruet commented on the request to the Port for funds and
stated that on a number of occasions the Manager and staff look for innovative
ways of working with other governmental entities to better serve the community.
He stated that he does not know whether the City Manager or staff should be
limited or prohibited from looking at every possible way of getting the maximum
return in participation among the various governmental entities in the
accomplishment of programs in the City. Mr. Pruet stated that he is not sure
where to draw the line; the City Manager and staff have done an excellent job of
stretching available dollars for the good of the City; and he hopes that the
staff would continue to look at every possible way of revenue enhancement and
bring it to the Council.
Mr. Pruet referred to a memo from Assistant City Manager Elizondo relative
to activities working on the island for the development and stated that it was
an excellent report. Mr. Pruet requested the following information: what is the
tax base the island represents and the proportion that tax base is to the
overall tax base within the City; what are the City's annual receipts in revenue
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sales tax and property tax from the island; what has been the amount of City
dollars invested in capital improvement projects on the island since it was
annexed in 1981.
Mayor Pro Tem Guerrero referred to Council Member Slavik's suggestion
relative to the drug testing and concurred that the Council should take a
leadership role as far as voluntary testing for drugs. Mr. Guerrero volunteered
to be tested and requested that it be coordinated with Dr. Sisley. He stated
that he hopes the other Council Members will also volunteer.
Mr. Guerrero referred to the hearing Wednesday night at West Oso regarding
Woody's Lounge and encouraged the Council Members to attend the hearing.
Council Member Schwing volunteered to be tested for drugs in a leadership
role and stated that he does not see anything wrong with mandatory drug testing.
He stated that he would support any move toward mandatory testing of everyone.
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Philip Rosenstein, 949 Bobalo, commented on a TV program in which
Council Member Pruet appeared. Mr. Rosenstein stated that Mr. Pruet made
remarks relative to the closing of Shoreline which were misleading and could
border on being false and deceptive. Mr. Rosenstein stated that there are some
Council Members who have intimidated the Planning Commission; the Council should
stop misleading the public; and that information given out to the public should
be correct and accurate.
Mr. John Helm, a representative of a group of citizens concerned about the
permit and licensing in the City, stated that he represented the building owners
and managers' group, the Hotel/Motel Association, the Corpus Christi Board of
Realtors and the Corpus Christi Apartment Association. He indicated that they
appreciate the support of the Council and indicated that while they were having
a meeting with the staff, two of the members of their committee were written up
for violations for permits and inspections. He stated that they are concerned
about the future of the City. Mr. Helm indicated that they are concerned about
the Ad Hoc committee which was put together by staff and stated that they have
no representation on this committee.
In response to a question from the Mayor about the Ad Hoc committee,
Assistant City Manager Elizondo stated that a recommendation was made to the
Council regarding membership of the committee and the Council made the
appointments based on the various trade groups and staff. Mr. Elizondo noted
that the Committee will make a presentation to the City Council at the Workshop
Meeting on January 17.
The Council and staff devoted considerable discussion to the topic of
permits, fees and inspections, and it was pointed out that there will be a
workshop session on this subject next Tuesday at 9:00 a.m.
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Regular Council Meeting
January 10, 1989
Page 14
Council Member Rhodes inquired if staff could cease writing citations until
the ordinance is changed. Mrs. Rhodes made a motion that the $200
administrative fee be put on hold until the ordinance is revised. The motion
was seconded by Mayor Pro Tem Guerrero and passed unanimously.
Mayor Turner encouraged the staff that before the Workshop Meeting they
contact other communities where there are major apartment complexes and where
home improvements are being done to see how their ordinance reads.
* * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Tom Hunt, 75 Townhouse Lane, commented on the issue in which the City
requested funds from the Port and expressed the opinion that it was a
humiliation to the City. He indicated that some of the Council was not aware of
the incident and stated that it was ill conceived and ill planned. Mr. Hunt
inquired about the revenue from the boat slips and suggested that money be used
for the Marina. He referred to the rerouting of Shoreline and stated that he
understood that there is $6 million planned to be used for this purpose.
Mr. Jose Del Ramos, 414 North Chaparral, spoke in Spanish and commented on
the parking meter requirements and excessive parking violations in the downtown
area. He stated that it restricts the growth of business in the downtown area.
Council Member Berlanga requested a report on how much the tax base has
increased last year in the downtown area compared to the revenue collected on
the meter fees.
Mr. J. E. O'Brien, 4130 Pompano, referred to the concerns of staff
regarding the permit fee issue and stated that it is a shame that when the City
considers and actually fills in wetlands, they are not concerned about first
securing a permit to do the work. Mr. O'Brien commented that in this City the
City staff is rewarded with pay increases for incompetence.
Mayor Turner recessed the Regular Council Meeting at 4:24 p.m. to convene
the Meeting of the Corpus Christi Housing Finance Corporation.
Mayor Turner reconvened the Council Meeting at 4:31 p.m. and the Council
went into closed session pursuant to Article 6252-17, Section 2(e) of V.A.C.S.
for attorney's advice with respect to pending or contemplated litigation and/or
settlement offers in litigation relating to contractual disputes.
The Council came out of Closed Session and Mayor Turner recessed the
Council Meeting at 5:00 p.m.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
January 10, 1989
Page 15
Mayor Turner reconvened the Regular Council Meeting at 6:30 p.m. and opened
the public hearing to consider the adoption of the Mustang -Padre Island Area
Development Plan. She stated that the Council will take no action during the
hearing but they are present to hear comments from the public.
Mr. Brandol Harvey, Director of Planning, provided a brief overview of the
Comprehensive Development Plan and stated that the purpose is to develop
policies, goals and objectives for the future development of the City. He
explained that the City had been divided into 12 areas and the development plans
for two of the areas have already been adopted by the City Council.
Mr. Harvey continued by stating that this plan was started in March, 1988;
the Planning Commission and the Planning Staff have conducted 13 meetings,
including 4 public hearings and 3 work sessions; and the plans have been revised
after those meetings to address the various comments made at those meetings. He
pointed out that the Island is a high-value land area and the recommendations
approved by the Planning Commission represent an attempt to direct development
in this environmentally sensitive area. He stated that the plans include
recommendations for environmental use, land use, annexation, transportation and
public service.
Mayor Turner called for comments from the public.
(Note: Mr. Homer C. Innis was unable to attend because of illness in his family
but sent a letter expressing his opinion of the development plan and basically
supporting the reopening of Packery Channel.)
The following citizens spoke in regard to the Mustang -Padre Island Area
Development Plan:
(1) Dr. Paul Gray, 215 Mitchell Street, presented a letter to the City
Council which he read as a part of his presentation. He suggested that before
the plan is adopted, professional judgment and advice should be sought from the
Texas Bureau of Economic Geology as to the possible effects of hurricanes on
present and future high-density real estate development and the consequences of
reopening Packery Channel. He also suggested that the City obtain input from
the Members of the Texas Parks and Wildlife Commission.
(2) Mr. Gar Johnson, Manager of the Holiday Inn on Padre Island,
addressed the Council as President of the Padre Island Business Promotional
Association. He informed the Council that the Association is concerned about
future development of the Island and they feel that the proposed plan should be
adopted as soon as possible.
(3) Mr. Irian Serbu, 14310 Plaza del Rey, stated that everyone is
interested in a boat pass through to the Gulf of Mexico, but he did not feel
that the Packery Channel location is in the best interest of the public but
seems to be for the benefit of the Lake Padre Development. He questioned the
reopening of the boat pass at this location when there are no plans for a high
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Regular Council Meeting
January 10, 1989
Page 16
bridge. He expressed the opinion that there are better locations for a boat
,pass within a two-mile area.
(4) Mrs. Dorothy McLaren, 414 Buccaneer, read a statement presented by the
Coastal Bend Sierra Club in which they objected to the dredging of Packery
Channel. She reviewed the scientific and engineering concerns and noted that
the Attorney General had questioned the legality of the Corps of Engineers'
permit granted to the Reopening of Packery Channel Committee.
(5) Mr. David Rashen, 229 NAS Drive, stated that he owns a 24' sailboat
and he could not use the boat pass at Packery Channel at all.
(6) Mrs. Mabel Byrnes, 14890 Cobo de Baro, spoke on behalf of the Island
Planning Foundation and stated that they have been working for three years on an
overall plan for the development; they are glad that the City Planning
Department worked on the plan for this area; and she expressed the opinion that
they have performed a good job. She urged adoption of the plan in its entirety.
(7) Mr. John Parmer, 14306 Dorsal Street, President of the Padre Isles
Property Owners Association, complimented the Planning Commission for their
efforts on this plan and noted that they have listened to the concerns of the
citizens and have included the worthwhile comments in this plan. He urged
adoption as soon as possible. He also expressed the opinion that Packery
Channel is the best location for the boat pass and stated that he did not feel
that reopening the boat pass would create flooding in Flour Bluff as some have
contended. He stated that the various studies examined by the Corps of
Engineers convinced them that Packery Channel is the best site.
(8) Mrs. Leah Olivarri, 5656 South Staples Street, spoke on behalf of The
Island 2000 Task Force and presented copies of a letter from them expressing
support of the development plan with a few suggestions. She noted that the plan
is 75 pages long and apparently the only controversy is on one page of the
document. She recommended adoption of the plan by the City Council.
(9) Mrs. Gwen Bryant, 5029 Merganser, spoke in favor of the plan which she
feels will benefit the largest segment of the community and urged passage of the
.development plan. She concurred with the plan for annexation included in the
plan.
(10) Mrs. Marie Spear, 9320 South Padre Island Drive, pointed out the need
for a general overview of the entire plan and stated that she had published an
article in the "Flour Bluff Sun" on the plan. She expressed concern that the
plan will eliminate the public beach because it allows for too much development
for the area. She asked that adoption of the plan be delayed until the study on
water quality is completed and requested that an independent study be made
comparing the four possible locations for a boat pass, including a cost
estimate, and not accept the study authorized by the Reopen Packery Channel
Committee.
Minutes
Regular Council Meeting
January 10, 1989
Page 17
(11) Mr. Ralph Durden, President of the Ralph Durden Company and Manager
and General Partner of the Lake Padre Development, commended the staff and
Planning Commission for the detailed study of the development plan for this
area. He recalled that he had appeared before the Council in September, 1985,
with a conceptual plan for the Island and explained that a group of planners
.invested $2 million for the conceptual plan which was endorsed conceptually by
the City Council. He explained that that money was spent on planning and
permitting for the Island and they hope that this plan will attract investors to
the Island. He presented a letter to the Council which included some technical
comments and suggestions.
(12) Mr. Frank Burney, San Antonio, Texas, spoke as counsel for Gill
Savings Association of San Antonio, a savings institution which in 1982 had
financed the purchase of 1,100 acres on the north side of the State Park on both
sides of Park Road 53. Mr. Burney noted that they have an investment of over
$20 million in this land and presented to the Council a master plan for the
development known as La Concha Beach Club and Resort. He explained their plans
for development and stated that he was very shocked that the master plan for
Mustang -Padre Island did not include La Concha. He expressed the opinion that
their mixed use plans should be included in the development plan so that when
economics allows for it, development can continue. He agreed that the staff has
had their plans added to the development plan but he wanted to be sure that the
Council understands that $20 million has been invested already and he would
particularly like to know what density is recommended for their area.
(13) Mr. Philip Rosenstein, 949 Bobalo, inquired about the cost to the
taxpayers, noting that it has been implied that the developers will pay for the
development and asked for assurance that it will not entail costs to the
,taxpayers in the future.
(14) Mr. Miles Graham, 3118 Coral Reef, spoke as a member of the ROPC
Association which was formed to answer some of the questions being raised. He
stated that they are in favor of the boat pass at Packery Channel and that they
had prepared an environmental assessment in order to obtain a permit from the
Corps of Engineers which they have obtained. He stated that the Packery Channel
Boat Pass will benefit, not only the Lake Padre Development, but all citizens
and expressed the opinion that this should be a joint private/public venture.
(15) Mrs. Pat Suter, 1002 Chamberlain, presented to the Council a letter
from the Environmental Coalition and stated that environmentally, they object to
several aspects of the plan. She expressed concern that the plan is to take the
barrier islands in their natural state and replace them by a man-made plan which
can become disastrous when hurricanes strike with the resulting increases in
insurance costs for all citizens in this area.
(16) Mr. J. E. O'Brien, 4130 Pompano, stated that he has heard statements
that the only area of controversy in the plan is the reopening of Packery
Channel, but he objects to the use of limited purpose annexation that is planned
for the area. He expressed the opinion that this plan should not be adopted at
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Regular Council Meeting
January 10, 1989
Page 18
this time because citizens do not know enough about this plan. He presented a
copy of the article published by Mrs. Spear in the "Flour Bluff Sun." He
informed the Council that the people of Mustang Island are not too happy about
being annexed to the City of Corpus Christi. He also noted that the control of
beaches should not be by the City of Corpus Christi because this could change
.the way the beaches are operated. He objected to the plan to annex those lands
that were voted down by the citizens of Corpus Christi. He expressed opposition
to the planned annexation to be included on the April 1 Election because of the
increase in costs over the estimated cost of annexation which was accomplished
by ordinance some time ago but later cancelled when an indication was made that
a petition would be presented calling for an election on that annexation.
(17) Mr. Raymond Hasker, 1813 Wallace, spoke in opposition to the plan
because of the proposed annexation which will mean the end of open beaches.
(18) Mr. Thomas Riley, 14214 Bluefish, spoke in favor of reopening of
Packery Channel, particularly for the exchange of water.
Mayor Turner recognized Mayor Jay Barr of Port Aransas who introduced their
City Manager and several Council Members.
(19) Mr. Benny Benavides referred to the statement made by Ralph Durden
that his development will create jobs and noted that if this is to materialize,
the City Council should be able to do whatever they can to bring in the
development and the jobs. He stated that he is in favor of the development
plan.
(20) Mr. Billy McDaniel, 4414 Hickey, member of the ROPC, endorsed the
development plan and urge its adoption.
(21) Mr. Frank Hankins, 1721 Crestview, noted that large boats will
continue to go to the Gulf through the Ship Channel.
No one else spoke in regard to this subject.
A motion was made by Council Member Pruet that the hearing be closed,
seconded by Mayor Pro Tem Guerrero and passed unanimously.
The Mayor declared the meeting adjourned at 7:20 p.m., January 10, 1989.
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
10, 1989 which were approved by the City Council on January 17, 1989.
WITNESSETH MY HAND AND SEAL, this the ()-244t-day of / ` " q
9
1/A lit
tty Tur r, MAYOR
T 1
Armando Chapa, City Sect$tary
City of Corpus Christi