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HomeMy WebLinkAboutMinutes City Council - 03/27/1990PRESENT Mayor Betty Turner Mayor Pro Tem Tom Hunt Council Members: Cezar Galindo Leo Guerrero Edward Martin Joe MtCemb Clif Moss Mary Rhodes Frank Schwing, Jr. * Z CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 27, 1990 2 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 Chamber of City Hall. The invocation was delivered by Reverend Mark Allen Doty of First United Methodist Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Armando 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 called for approval of the Minutes of the Regular Council Meeting of March 20, 1990, and there being no corrections or additions, she declared them approved as submitted. Mayor Turner recognized Mr. James Wagner, Co-chairman of the City's Census Count Committee and presented him with an official Proclamation designating April 1 of all years ending in "0" to be "Census Day." ************* Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 3. There were no comments from the audience on the items. * Council Member Frank Schwing arrived at 2:05 p.m. MICKVILMED _.mutes Regular Council Meeting March 27, 1990 Page 2 City Srrretary thapa polled the Council for their votes and the following were passed: 1. M90-083 Motion approving a supply agreement for liquid chlorine in one -ton cylinders, in accordance with Bid Invitation No. BI -0195-90, with D.P.C. Industries, Corpus Christi, Texas, based on the low bid of $169,602. 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 is used for treatment of water and wastewater and funds have been budgeted. The foregoing motion passed by the following vote: Turner, Hunt, Galindo, Guerrero, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 2. M90-084 Motion accepting a $2,645,000 grant from the Federal Aviation Administration for expansion of the Air Carrier Apron and construction of the Taxiway J Connection and awarding a contract in the amount of $2,706,709.55 to Bay Inc. for this work. The foregoing motion passed by the following vote: Turner, Hunt, Galindo, Guerrero, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 3. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, SECTION 35-80, INSURANCE AND BONDS, BY DELETING SAID SECTION IN ITS ENTMEPY AND SUBSPIZSYTING THEREFOR ANOTHER SECTION 35-80. The foregoing ordinance passed on second reading by the following vote: Turner, Hunt, Galindo, Guerrero, Martin, McComb, Moss, Rhodes arra Schwing voting, "Aye." * * * * * * * * * * * * * Relative to Item 4, Code of Ethics Revision, Mr. Philip Rosenstein, 949 Bobalo, raised questions about the responsibility for the payment of legal fees if a complaint is referred to the Ethics Commission and found to be a groundless plaint. A short discussion followed and City Attorney Gorge explained that the amendment does not change the existing rule with regard to legal fees. Council Member Rhodes explained the intent of the amendment, noting that the Ethics Commission will be a clearing ground for various complaints and for the protection of the Council. _anutes Regular Council Meeting March 27, 1990 Page 3 City Secretary (papa polled the Council for their votes and the following ordinance was passed: 4. ORDINANCE NO. 20896 AMENDING THE CITY CODE OF ETHICS, BY AMENDING SECTION 2-330-(B) REGARDING REFERRALS OF POSSTRi F VIOLATIONS TO THE ETHICS COMLIISSION FROM THE CITY COUNCIL. The foregoing ordinance passed on third reading by the following vote: Turner, Galindo, Guerrero, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt and Martin voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Item 5, Acquisition of the old HEB Building for a facility to be used by the Center for Hispanic Arts. City Manager Juan Garza reviewed a series of events relating to the aaiuisition of the building. He discussed the proposed project budget and funding sources for the Center for Hispanic Arts, elaborating on the projected expenditures. Relating to past and present operations, Assistant City Manager Kelly Elizondo provided a synopsis of the project. Mayor Turner stated that if the City purchases the old HEB building, considering what has already been spent, the City will have approximately $700,000 invested in the project. She noted that there is no assurance that the Center can be built within that budget, nor is there any assurance that the group has sufficient funds to operate a building of that magnitude. She expressed the opinion that the project should be scaled dawn and a Center built within the budget. Mayor Turner suggested utilizing the original property which would leave sufficient funds to build a new building. Dr. Leonardo Carrillo, President of the Board of the Center for Hispanic Arts, read a prepared statement which he presented to the Council. Dr. Carrillo spoke in support of the acquisition of the HEB building and ceimnented on options available in regard to various alternatives pertaining to the remodeling of the building. He also commented on the fund-raising capabilities for the Center for Hispanic Arts. Mr. Oscar Flores, President of the West Side Business Association, read a prepared statement in support of the Hispanic Arts Center. He stated that the plans for the center should not be scaled down as a result of Haney spent on the 18th Street site. He expressed the opinion that the Center is being penalized for the City's mistake. _,inutes Regular Council Meeting March 27, 1990 Page 4 Mr. David Noyola, 4432 Valdez, expressed opposition to the purchase of the HEB building and of the area in which the Center will be located. He suggested that a better location be found. Ms. Initis Sanchez, a resident on 16th Street, commented about the poor conditions on the west side of town. She expressed opposition to the purchase of the HEB building. Dr. Hector Garcia spoke in support of the purchase of the HEB building. Mr. Javier Gonzalez, a resident on the south side, expressed support of the acquisition of the HEB building. Mr. Ben Sendate, 2324 Mary Street, spoke in support of the Center for Hispanic Arts. Mr. Sam Granata, a representative of the Police Officers Association, expressed support of the acquisition of the building. Mr. Philip Rosenstein, 949 Bobalo, commented about the blighted area on the west side and stated that the Council should have compassion and approve this project. After deliberation and discussion by the Council, it was clear that various Council Members did not object to the project, but to the purchase of the building because of present economic conditions. Some members expressed concern about the use of CDBG funds, stating that honey should be used for the homeless and the poor on the west side. Council Member Rhodes expressed the opinion that everyone should work together on this project. Council Member Schwing expressed concern that the building was not purchasers previously as had been proposed by the Center, pointing out that the City elected to purchase the 18th Street site. In the spirit of compromise and of moving forward to build a Hispanic Arts Center, Council Member Guerrero moved to reject the recommendation to purchase the HEB Building and to authorize staff to execute a construction agreement with the Center of Hispanic Arts for the 17th, 18th and Agnes Streets site within the $500,000 budget. The motion was seconded by Mayor Pro Tem Hunt and passed by the following vote: Turner, Hunt, Galindo, Guerrero, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing voting, "No." (M90-085) Immediately following the vote on Item 5, the Council entered into a short discussion on appraised values of properties. * * * * * * * * * * * * * Mayor Turner indicated that as a result of the foregoing item, Items 6 and 7 on the agenda were not necessary. :,inures Regular Council Meeting March 27, 1990 Page 5 6. Not Necessary Motion -eu her4e ng -the-pttrehase -ef -the -e3d -FEB - idng -ieeat -en -+9th S€reet-between-Anes-art-Earee-Streets-€er-a-€ae43ty-to -»e-used-by-the €enter f_r ..izpo ' _ its (CI) far $1357eee. 7. Not Necessary AHHTH9REd-AP-A-EPASE- SPANI-e ARTS -Fen -THE-EPA.SE -6F-PROPERei -f BeMFB 1023 -3 H} U i -87 -B 699 -37 EAWNVIEW ABBITION, PN$P B -FeR PU)BiaeAPWe?fr Mayor Turner then called for consideration of Item 8, U.S. Highway 181 Ramp Closings at Surfside/Timon Boulevard. City Manager Garza presented background information on the recommendation and contented about the various hearings which were held in regard to the removal of the exit ramps. He stated that the project will have an effect on the Traffic Ordinance, but not on the Transportation Plan. Mr. Garza stated the ramp closures were not a strong concern at the public hearings. Carl Crull, Director of Engineering Services, displayed an area plan of the vicinity and provided a brief informational report concerning the recommendation for the closing of U.S. Highway 181 northbound exit ramps at Kleberg Place, Hotel Place and Timon Boulevard, as part of the proposed Surfside/Timon Boulevard Improvements. Mr. Crull elaborated on the specifics of the project and expanded on the traffic issues in the area. He stated that the project has been reviewed by the Transportation Advisory Committee and they approved the staff and Planning Commission's modifications for the plan. Mr. David Royal, 2801 North Shoreline, spoke on behalf of his mother and other property owners in the area. He stated that the closure of the ramps would severely disrupt the traffic flow in the commerce patterns and have a negative effect on some of the businesses. Mr. Royal referred to the area map and made suggestions regarding leaving one ramp open and the creation of a new one on the exit ramp. Various suggestions were made by some Council Members. A series of specific questions were raised, and Mr. a-ull responded to the queries. Di_sniased in great length was the current traffic and the projected traffic flow in the area. Mr. Larry Urban, representing Mr. Rick Grey, property owner of the formes Breakers Hotel, described the property and located it on the map. He noted that his client's desire is that Hotel Place continue through from Surfside to Timon Boulevard or that the Hotel Place ramp be left open. He suggested other alternatives, stressing good frontage and good vehicular an - s to the property. .4inutes Regular Council Meeting March 27, 1990 Page 6 In response to a question from Mayor Turner, Mr. Crull stated that staff studied various alternatives for crossovers and felt there would be several safety issues. He stated that the ramps are being closed for gafety reasons and to conform with the City's plans to redirect the traffic flow on the beach. Mr. W. Willis, 4102 Kingston, a former engineer, supported the staff's recommendation, noting that traffic safety is a key problem in the area. Mr. Joseph Eckert, 3523 Timon Boulevard, Manager of Property Management Associates, commented about the traffic in the area. He expressed concern that no signalization is planned, and Mr. Crull responded that signalization will be installed when warranted. Mr. Jack Davis, 3523 Timon Boulevard, expressed the opinion that the plan originally approved in 1983 was a good one. He suggested an additional coo cover to provide convenient access to property of several business owners. Council Member Rhodes stated that it is neossary that the Council consider the experts' opinion on this subject, as well as that of the public, noting that she is in favor of the recommendation as presented by the staff and the experts. Council Member Martin inquired if the Council is being asked to consider only the closure of the three ramps, and Mr. Crull responded in the affirmative, stating that staff is also ready to proceed with the design plan. Mr. Martin questioned the closing of a street by resolution rather than an ordinance preceded by a public hearing. City Manager Garza explained that staff will have to return with an ordinance because the single action being taken today is to close the ramps only. He stated that staff is also making the Coudncil aware of the fact that designs are being prepared similar to the layout displayed today. Deputy City Manager Jesus Garza reported on the time frame for the closings. Discussion ensued, and Council Member McComb moved to instruct staff to proceed with the design phase as presented to the Council for the Surfside/Tinian Street improvements. The motion was seconded by Council Member Schwing and passed by the following vote: Hunt, Galindo, McComb, Moss, Rhodes and Schwind voting, "Aye"; Turner and Martin voting, "No"; Guerrero absent at the time the vote was taken. (M90-086) Assistant City Secretary Zahn polled the Council for their votes and the following resolution was passed: 8. RESOLUTION NO. 20897 ,inutes Regular Council Meeting March 27, 1990 Page 7 ENDORSING A RECOMMENDATION FOR THE CLOSING OF U.S. HIGHWAY 181 EXIT RAMPS AT =BERG PLACE, HOTEL PLACE AND TIMON BOULEVARD TO PROVIDE FOR IMPROVED TRAFFIC SAFETY. The foregoing resolution passed by the following vote: Turner, Hunt, Galindo, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * Note: Mayor Turner exited the Council Chambers and did not participate in the discussion or vote on the following item. Mayor Pro Tem Hunt opened the public hearing on changing the name of Surfside Boulevard, from Pearl Street to Sandbar Street, and of Timon Boulevard, flub the Past right-of-way of U.S. Highway 181 to Sandbar Street, to Aquarium Boulevard. Carl Crull, Director of Engineering Services, provided background information in regard to the street name change and explained the request from the Texas State Aquarium��]�Association. As a result of the request, he stated that staff recommends that the entire length of Surfside Boulevard and the parallel, Timon Boulevard be renamed for continuity. He stated that due to the construction of the Timon/Surfside connection in 1983, in the vicinity of the Sandy Shores Resort, a one block segment of the original Surfside Boulevard, from Elm Street to Crustal Avenue, will retain that name. Mr. Crull advised that no negative ccnmients were received from the affected City departments, the franchised public utilities or the Postal Service. The following individuals spoke in opposition to the street name change: 1. Mr. Robert Pagenkopf, representing the Gulf Beach Motor Inn; 2. Ms. Mary Jo Treybig, Manager of Las Brisas Condominium, who presented a petition opposing the street name change; 3. Ms. Helaine Birnberg, 4000 Surfside; 4. Ms. Belda Mirta, 4000 Surfside; 5. Mr. David Royal, 2801 N. Shoreline Boulevard, who read a prepared statement which in conclusion requested that no additional public funds be invested in or special considerations be approved for the Texas State Aquarium project by the City of Corpus Christi; (a copy of Mr. Royal's statement is on file in the City Secretary's office) 6. Mr. H. W. Hoppenrath, 338 Clifford; 7. Ms. Mary Bodger, a resident on Surfside; and 8. Mr. Walt Bodger, a resident in the Las Brisas Condominium on Surfside. The following persons expressed support of the proposed name change: 1. Mr. Stan Feinberg, 3200 Surfside, Manager of the Best Western Sandy Shores Hotel; and 2. Mr. Quenton Dokken, representing the Aquarium Association, who stated that the proposed street name change would be a marketing tool for the Aquarium. Council Member Moss moved to close the public hearing; seconded by Council Member Rhodes and passed unanimously by those present and voting; Turner and Guerrero absent at the time the vote was taken. efinutes Regular Council Meeting March 27, 1990 Page 8 Following the disoicsion on the street name change, City cirretary Chapa polled the Council for their votes and the following ordinance failed to pas: 9. Failed to Pass EHAN61N6 -THE NAME -F SEJRFSEBE-BeuhE5TARB -PREM -PEARL -STREET -PB-6ANBBAR SERE -SAVE-ANB E3fEEPT-THAT PemTEeH-EASTERLY-eP AND ABTAEENT-APB-BEeeK-46; BRGETEEMN-ABBm6N-{BETWEEN -EEM STREET -AND - -AVE T7E - -PNB -e -TE EN BBEILE6'ARH7 -FRETS -THE -EPSP -RIGHT -GF -WAY -eF -H. S. FEE6HWA'i -it -TB-SANDBAR STREET-, -Y- . The foregoing ordinance failed to pass by the following vote: Mab and Moss voting, "Aye"; Hunt, Galindo, Martin, Rhodes and Schwing voting, "No"; Turner and Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza commented in regard to a future workshop session on ambulance service. Following a brief discussion, Council Member McComb updated the Council about a study prepared by the Chamber of Commerce on Emergency Medical Service. Mr. McComb stated that he will provide the Council with copies of the study in this week's mail packet. City Manager Garza informed the Council that the Senate Select Committee on Redistricting and the House Redistricting Committee will hold a joint public hearing at the Bayfront Convention Center on April 6 at 2 p.m. He indicated that the Council will receive an invitation. Mayor Turner called for reports from the Council. Council Member Martin remarked about the Port Aransas annexation request issue. Assistant City Manager Elizondo stated that the Council will be provided material on this subject in Friday's packet. Mayor Pro Tem Hunt inquired about the status of the Charter Revision Commission, and Mayor Turner explained that the Commission is in limbo at this time because of the urgency of other important subjects. Mr. Hunt inquired if any decisions had been made on a Packery Channel referendum. Council Member Martin stated that he had requested the staff to provide information, and they responded several weeks ago. Mayor Turner further explained that information is being collected and the Council needs to discuss the matter of calling the election. a4rnutes Regular Council Meeting March 27, 1990 Page 9 Council Member Galindo requested a report on the City's self-insurance, arra City Manager Garza stated that he would provide a report on the City's general liability insurance. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. J. H. Kinard, 4629 Donegal Drive, spoke about the observance of fire codes in City buildings. He also remarked about problems in the City relating to alcohol and drug use. Mr. H. W. Hoppenrath, 338 Clifford Street, commented about the utilization of prisoners and housing and labor in regard to prison facilities. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 5:45 p.m. on March 27, 1990. * * * * * * * * * * * * * 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 March 27, 1990, which were approved by the City Council on April 3, 1990. WITNESSETH MY HAND AND SEAL, this the 29th day of June, 1990. Armando Chapa City Secretary tty Turnor Mayor