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