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HomeMy WebLinkAboutMinutes City Council - 05/23/1989tUA, 4 PRESENT Mayor Betty Turner Mayor Pro Tem Clif Moss Council Members: Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Mary Rhodes Frank Schwing Absent MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 23, 1989 2:00 p.m. City Manager Juan Garza City Attorney Hal George Ass't. City Secretary Dorothy Zahn David Berlanga, Sr. City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Leo Guerrero following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Schwing. Assistant City Secretary Dorothy Zahn called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. A motion was made by Council Member Guerrero to excuse Council Member Berlanga's absence from the Council Meeting because he is out of the country on City business. The motion was seconded by Council Member Schwing and passed unanimously. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of May 16, 1989 and there being no additions Or corrections, she proclaimed them approved as presented. Mayor Turner recognized Caleb Moss, a ten -year-old youth who rescued his brother from drowning in a swimming pool, and presented him with a Proclamation declaring May 22, 1989 as "Caleb Moss Day." MICROFILMED Minutes Regular Council Meeting May 23, 1989 Page 2 Mayor Turner recognized a group of senior citizens and presented them with a Proclamation designating the month of May as "Senior Citizens' Month" and the week of May 14 thru May 20 as "Senior Citizens' Week." Mayor Turner acknowledged Mr. Vic Menard, Chairman of the Park & Recreation Advisory Committee, who announced a new major event for Corpus Christi, a Three on Three Invitational Basketball Tournament, to be held in July, 1989 on the Corpus Christi bayfront. Mr. Menard introduced the Texas Special Olympics representatives, Ms. Karen Budry, Mr. Jimmy. Rodriguez and Mr. Mark Patterson. Ms. Budry presented a video tape of an event held in other cities, and Mr. Rodriguez and Mr. Menard requested the City's support in donating about $10,000 worth of in-kind services. Discussion followed and City Manager Garza stated that he would work together with the staff and the Park & Recreation Advisory Committee to work out something to help the Special Olympics Benefit and that he will provide a report to the Council. Mayor Turner acknowledged Dr. Charles Allen, representing the Caller -Times U.S. Open Sailboard Event, who announced the kick-off of the event and provided a brief update. Dr. Allen introduced Mr. Tom Pace, a world sailboarding touring pro, who expressed appreciation to the City for the improvements to the beach area. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: Charter Revision Commission Jacob Munoz Eddie Galvan Bill Pruet Council Member Mary Rhodes informed the Council that her alternate for the COG appointment is Mr. Tony Abarca. * * * * * * * * * * * * * * Mayor Turner called for approval of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings and Council Members requested that Items 4, 5 and 7 be withheld for discussion. There were no comments from the audience on the other items. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: Minutes Regular Council Meeting May 23, 1989 Page 3 1. M89-0132 Motion approving a supply agreement for milk and miscellaneous dairy products with City Dairy Service based on low bid for an estimated annual expenditure of $33,500. The term of the contract shall be for twelve months with an option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used for the Elderly Nutrition Program by the Senior Community Services. The foregoing motion was passed by the following vote: Turner, Moss, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Berlanga absent. 2. M89-0133 Motion approving a supply agreement for printed City envelopes with U.S. Wholesale Products based on low bid for an estimated annual expenditure of $13,334.50. The term of the contract shall be for twelve months with an option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The envelopes will be used by the various departments throughout the City. The foregoing motion was passed by the following vote: Turner, Moss, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Berlanga absent. 3. 1489-0134 Motion approving a supply agreement for service saddles with C.C. Pipe & Supply Co. based on low bid for an estimated annual expenditure of $20,640.68. The term of the contract shall be for twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Water Department. The foregoing motion was passed by the following vote: Turner, Moss, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Berlanga absent. 6. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 15, SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE, BY AMENDING SECTION 2-173, DUTIES, TO PROVIDE FOR APPOINTING A SENIOR COMPANION PROGRAM ADVISORY COMMITTEE; The foregoing Ordinance was passed on second reading by the following vote: Turner, Moss, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Berlanga absent. Minutes Regular Council Meeting May 23, 1989 Page 4 * * * * * * * * * * * * * Relative to Item No. 4 on the Southside Sewer Treatment Plant Parcel 4, Council Member McComb stated that he is pleased to see the City moving forward on the land acquisition for the Southside Sewer Treatment Plant. There were no comments from the audience on Item No. 4. Relative to Item No. 5 on the Ultimate Yacht Race, Council Member Martin inquired if the City is forgiving or waiving the fees and if the $5,054 owed from last year will be paid before the event, and City Manager Garza responded by stating that the City is not forgiving or waiving the fees; the agreement does not specify a time for the $5,054 to be paid; but that he could insist that it be paid before the event. Mayor Pro Tem Moss inquired about the Corpus Christi Sports Association, and Mayor Turner responded by stating that the association is just getting established and has a non-profit status, and City Manager Garza stated that the support from the association is about $50,000. Mr. Glen Darden, one of the organizers of the Ultimate Yacht Race, provided an update of the race. Relative to Item No. 7 on the Solid Waste Code Amendments, Mayor Pro Tem Moss referred to the commercial accounts and inquired if they were going to be cut off, and City Manager Garza responded by stating that the City will establish a procedure to privatize that aspect of it. Mr. Moss expressed concern that the transition not be a shock to the customers, and Mr. Garza stated that the City will work out a procedure which will give the affected property owners plenty of time to make a decision. Bob Bruner, Sanitation Director, explained the changes in the services and the existing disposal billing for commercial accounts serviced by private haulers. He also explained how the City will handle the transition. Council Members Martin and McComb expressed concern about the cost increase and raised various questions which were responded to by Mr. Bruner. Mr. McComb suggested that the Council vote "No" on this item and expressed the opinion that fees for services should be cost effective but should not be structured so that no one understands them. Mayor Turner also expressed concern and asked if Mr. Bruner met with the people who would be adversely affected, and Mr. Bruner stated that he did not. Mayor Turner suggested that the people who are going to be affected should be contacted so that they could respond. Discussion followed and City Manager Garza stated that it is a good proposal and the City should move ahead with it. He stated that staff will put together an implementation plan which the Council can review and feel Minutes Regular Council Meeting May 23, 1989 Page 5 comfortable with which will list account type by account type and show the impact. Mr. Garza stated that this is a tax increase to support some heavy expenses which the City will face in the future. He commented on neighboring communities and fees they will be charging. Mr. Garza also stated that he will direct the staff to meet with the people who will be most adversely affected. Ms. Elizabeth Walker inquired if recycling is being addressed, and Mayor Turner responded in the affirmative. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 4. M89-0135 Motion authorizing acquisition between Yorktown Boulevard and at a cost of $517,140, for the The foregoing motion was passed Guerrero, Hunt, Martin, McComb, absent. 5. ORDINANCE NO. 20679 of Parcel 4, located east of Rodd Field Road the Cayo Del Oso, from Boat and Net, Inc., Southside Sewer Treatment Plant Project. by the following vote: Turner, Moss, Rhodes and Schwing voting, "Aye"; Berlanga AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE ULTIMATE YACHT RACE, INC., FOR A PORTION OF THE L -HEAD AND STEM AND THE SHORELINE BOULEVARD MEDIAN INCLUDING SHERRILL PARK AND THE AREA TO THE SOUTH FORMERLY OCCUPIED BY THE OLD CITY HALL, FROM MAY 31 THROUGH JUNE 4, 1989; AUTHORIZING THE TEMPORARY CLOSURE OF KINNEY STREET BETWEEN THE LANES OF SHORELINE BOULEVARD FROM MAY 31 THROUGH JUNE 4, 1989; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Berlanga absent. 7. SECOND READING AMENDING THE CITY CODE, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, BY DELETING SECTIONS 21-19 (b), 21-20, AND 21.1, AND SUBSTITUTING THEREFORE A NEW SECTION 21-19; AMENDING SECTIONS 21-17, 21-18 AND 21-21; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Moss, Guerrero, Hunt, Rhodes and Schwing voting, "Aye"; Martin and McComb voting, "No"; Berlanga absent. * * * * * * * * * * * * Minutes Regular Council Meeting May 23, 1989 Page 6 Mayor Turner announced the public hearing on the closure and abandonment of a 20 -foot wide public alley in Block 1 of Hillside Addition and Block 2 of Young Addition. Carl Crull, Engineering Services Director, explained the request for the alley closure, stating that Ms. Barbara Russell, Executive Director of the South Texas Lighthouse for the Blind, has requested that the alley between Doss and Coke Streets be closed and abandoned because it is not used by the public. He stated that the alley will be retained as a utility easement for the two-inch City gas line within the alley. There was no objection from the audience and Mayor Turner closed the public hearing. * * * * * * * * * * * * * * * Mayor Turner announced the public hearing on the closure and abandonment of a 10 -foot wide public alley in Block 13, Home Place Addition. Carl Crull, Engineering Services Director, explained the request for the closure, stating that Mr. Ramiro Chavez, a property owner in Block 13, Home Place Addition, and as a representative of other property owners in the same block, has requested that the alley between Mary and Morris Streets be closed to reduce unwanted traffic. Mr. Crull indicated that the alley will be retained as a utility easement due to a six-inch City waterline and a CP&L overhead line in the alley. He stated that the entire alley will revert back to the adjacent property owners. There was no objection from the audience and Mayor Turner closed the public hearing. * * * * * * * * * * * * * * Mayor Turner announced the public hearing on opening the public right-of-way of Knickerbocker Street from Waldron Road to Cline Street. Director of Engineering Services, Carl Crull, explained the request, stating that the City is in the process of acquiring right-of-way for construction of a new street. He stated that this street will provide direct access between Waldron and Laguna Shores Roads without requiring vehicles traveling on the SPID access roads. Mr. Crull stated that this project, along with the O'Neill -Compton project, will provide a continuous road system between Flour Bluff Drive and Laguna Shores Road. The agreement for the right-of-way acquisition has been signed by the property owner and will be submitted for Council approval with the third reading of the ordinance to open Knickerbocker. Mr. Robert Morris, an attorney for Mr. Ewing Hicks, stated that his client owns a lot on Knickerbocker and is concerned about future plans for widening the street. He inquired how much right-of-way will be purchased, and Mr. Crull Minutes Regular Council Meeting May 23, 1989 Page 7 explained that the connecting lot from Cline Street to the large tract of land between Waldron and Cline has been acquired; the right-of-way from the large tract of land in the Island Business Center has been negotiated and an agreement will be forthcoming to the Council; and the right-of-way from Cline Street to Laguna Shores Roads is currently fifty feet wide and the City does not anticipate any additional right-of-way or widening at this particular point and time. Mr. Crull indicated that if additional improvements need to be made in the subdivision to other streets or to Knickerbocker, there will be another public hearing. Mr. Crull stated that right-of-way and construction costs for Knickerbocker are estimated at $395,000. Mayor Turner closed the public hearing. Mr. Crull informed the Council that the appropriate ordinances for Items 8, 9 and 10 will be forthcoming to the Council for approval. * * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 11. Application No. 489-2, Oakcrest/Misty Winds Associates, Ltd.: For a change of zoning from "T -1B" Mobile Home Park District to "B-4" General Business District on 1.71± acres out of Lot 1-R, Block 1, Sandalwood Subdivision, located on the east side of Ayers St., approximately 125' north of Bevecrest Street. Mayor Turner indicated that the Planning Commission and staff recommend denial of "B-4" and in lieu thereof, grant a special permit for two 60 square - foot, freestanding signs, 15' in height, in accordance with the site plan submitted. She inquired if the special permit was acceptable to the applicant, and the applicant replied in the affirmative. There was no objection from the audience and Mayor Turner closed the public hearing. Assistant City Secretary Zahn polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20680 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OAKCREST/MISTY WINDS ASSOCIATES, LTD. BY GRANTING A SPECIAL COUNCIL PERMIT FOR TWO 60 SQUARE FOOT FREESTANDING SIGNS, 15 FEET IN HEIGHT, ON A PORTION OF LOT 1-R, BLOCK 1, SANDALWOOD SUBDIVISION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Berlanga absent. Minutes Regular Council Meeting May 23, 1989 Page 8 * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza stated that the Census Bureau has requested the City to set up a Census Committee and he will provide a report to the Council. Mr. Garza commented on a proposal of the referendum election options and on a memorandum from City Attorney George on the choices which the Council has to decide before the June 27 deadline. He stated that the City needs to respond by June 23. Mayor Turner read a recommendation for a proposal on integrating all the City's master plans into one City Comprehensive Master Plan. City Manager Garza stated that there are some concerns that when the Council adopts the complete master plan that at that point, the adopting ordinance becomes subject to a referendum on any one given issue. Council Member Hunt referred to the City Charter and read a section of the Comprehensive Plan. He stated that there are so many different elements, policies and resolutions that it is very difficult for the public to follow exactly where the City is and what it has done as far as the Charter is concerned. Discussion followed and Mayor Turner requested the staff to review the proposal and provide a recommendation to the Council. In answer to a question from Council Member Rhodes, City Manager Garza indicated that the amount of time to repeal the ordinance is conterminous with the deadline to call the election. Council Member Rhodes publicly complimented Budget Director, Dan Hobbs, on his explicit memorandum introducing the budget book. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Claude Melton, representing the Texas Jazz Festival Society, presented a handout to the Council and requested that they approve deferring expenses for the 1988 Festival in the amount of $8,303.77 and the $10,000 anticipated expenses for the 1989 Festival. Minutes Regular Council Meeting May 23, 1989 Page 9 Mr. Melton continued by requesting that the Council authorize the Park and Recreation Department to release the grant in the amount of 88,000 to the Society. He stated that they are only asking for a deferral on the payments until after this year's event, noting that they anticipate a profit of about $20,000. A motion was made by Council Member Hunt to place this item on the agenda next week for action to defer the payment. The motion was seconded by Council Member Rhodes and passed. City Manager Garza expressed concern about the kind of guarantees the City will have that the money will be paid, stating that he would like an opportunity to work out something which would give the City some protection. Mr. George Lasko, Vice President of the festival, commented on the festival, stating that it is estimated that the expenses for the festival will not be as much as last year. Mr. Trian Serbu, 14310 Playa del Ray, commented on the Packery Channel issue. He stated that the petitioners have received their certification from the City Secretary's office on the petition and on their behalf, he asked the Council to repeal the ordinance and save the City the cost of the election so that the City can design a new and better plan. Mr. Serbu then asked for the removal of Mr. Ro Wickham from the Planning Commission because he has insulted the petitioners with public remarks and that he might have a possible conflict of interest. Council Member McComb stated that Packery Channel is not mentioned in the petition itself. He asked Mr. Serbu that if the reference to Packery Channel was eliminated from the ordinance, would the objective of the petitioners be met, and Mr. Serbu replied that it would not necessarily be resolved for all citizens who signed the petition. Mr. Serbu stated that he cannot speak for everyone who signed the petition but that he would like the Council to repeal the entire plan. In answers to questions raised by Council Member McComb, City Attorney George stated that if the Council passed area plans by resolution, the referendum issue would not apply. He stated that at some point, the Council would have to adopt a final ordinance to adopt the entire master plan. Council Member McComb expressed concern about the hold-up of the master plan for four years, and Mr. George stated that if you adopt an ordinance by initiative, it is not subject to repeal for four years and if you repeal it by referendum, it cannot be reinstated for four years. Council Member Rhodes requested an investigation on the conflict-of- interest allegations against Mr. Ro Wickham, and Mayor Turner stated that she will check the matter out. Minutes Regular Council Meeting May 23, 1989 Page 10 Mr. Philip Rosenstein, 949 Bobalo, spoke in support of the investigation of Mr. Ro Wickham. Mr. Rosenstein also stated that the money the City spent on the Frost Brothers Building could have been better spent. Mr. Lewis Lovelace, 1549 Casa Grande, commented on the proposal read by Mayor Turner on the Comprehensive Master Plan. He expressed the opinion that Mr. Ro Wickham should be investigated and removed from the Planning Commission. Relative to the Padre Island issue, Mr. Lovelace noted that he signed the petition and that the issue should be put before the voters. Mr. J. E. O'Brien, 4130 Pompano, Secretary of the Taxpayers Association, referred to the City Charter and stated that the Council has been misled in relation to House Bill #3160. He stated that the Council supported legislation which supersedes the City Charter. Mr. O'Brien then read a prepared statement requesting the resignation of Assistant City Manager Tom Utter for misleading the Council on this issue. Mr. Raymond Hasker, 1813 Wallace, commented on the recent issue relative to the Mayor's alleged conflict of interest and asked when the opinion will be forthcoming, and City Attorney Hal George stated that Mr. Hasker should direct his questions to the County Attorney who has been requested to seek an opinion from the Attorney General. Ms. Henrietta Newberry, representing the Corpus Christi Citizens for the Retarded, inquired about their recent request for Council Members to serve on their Task Force, and Council Members Mary Rhodes and Tom Hunt volunteered to work on the Task Force. Mr. Robert Reyna, 1821 Roslyn, suggested that Planning Commissioner Ro Wickham be removed from the Planning Commission. Mr. Reyna also commented on an issue relative to funding a van to drive veterans to the Veterans Hospital in San Antonio. Ms. Marie Spear, Padre Island Drive, stated that Planning Commissioner Ro Wickham, has approached advertisers in her newspaper to refrain from advertising with her because of the policies of her newspaper. She stated that is against the freedom of the press. Ms. Spear spoke in support of repealing the ordinance relative to the Padre Island Plan. Mr. Hank Snyder, 4350 Ocean Drive, commented on the Packery Channel issue and suggested that the issue be put before the voters. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 5:00 p.m. on May 23, 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 May 23, 1989, which were approved by the City Council on May 30, 1989. WITNESSETH MY HAND AND SEAL, this the /411day of 'CC/1r 1989. Armando Chapa City Secretary 47airj414‘— Betty Tu1 er, Mayor