HomeMy WebLinkAboutMinutes City Council - 05/01/1990PRESENT
Mayor Betty Turner
Mayor Pro Tem Joe McComb
Council Members:
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward Martin
Clif Moss
Mary Rhodes
Frank Schwing
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 1, 1990
2 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
The meeting was called to order by Mayor Betty Turner at 2 p.m. in the
Council Chamber of City Hall.
Reverend San Williams of Parkway Presbyterian Church delivered the
invocation following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Mary Rhodes.
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 April 24, 1990, and there being no additions or corrections, she
proclaimed them approved as submitted.
Council Member Rhodes presented a Proclamation to representatives of Spohn
Hospital designating May 6, 1990, as "National Nurses' Day."
It was the consensus of the Council to postpone the Board and Committee
appointments until the following week.
Note: Afterwards during.the meeting Council Member Martin mentioned that he
would be absent from next week's Council Meeting and requested that
the Board and Committee appointments be postponed for another week.
* * * * * * * * * * * * *
MICROFILMED
Minutes
Regular Council Meeting
May 1, 1990
Page 2
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinancpa from previous meetings on Items 1 thru 7, and Council
Members requested that Items 3 and 7 be withheld for discussion.
There were no comments from the audience on the items.
City Manager Garza removed Items 4 and 5 for further analysis by staff.
City Secretary (papa polled the Council for their votes and the following
were used:
1. M90-109
Motion approving supply agreements for herbicides and related products in
accordance with Bid Invitation No. BI -0231-90 with the following companies
for the following amounts based on low bid. The term of the agreements
shall be for twelve months with an option to extend for up to an additional
twelve months subject to the approval of the supplier and the City Manager
or his designee. These products will be used by various departments
throughout the City. Funds have been budgeted.
Van Waters and Rogers
Corpus Christi, Texas
Total: $33,075
Timberland Enterprises, Inc.
Houston, Texas
Total: $2,156
Red River Specialities, Inc.
McKinney, Texas
Total: $45,719
Grand Total: $80,950
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
2. M90-110
Motion approving a supply agreement for custrrl1al service with Corpus
Christi Janitorial Service in accordance with Bid Invitation No. BI -0155-90
based on low bid meeting specifications for an annual expenditure of
$75,480. The term of the contract shall be twelve months with an 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 custodial service will
include the cleaning of the City Hall and the Service Center Buildings.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
4. Withdrawn
Minutes
Regular Council Meeting
May 1, 1990
Page 3
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6. FIRST READING
AUTHORIZING THE EXECUTION OF A CONCESSION AGREEMENT WITH PAN AMERICAN GOLF
ASSOCIATION FOR THE GABE LOZANO SR. GOLF CENTER.
The foregoing ordinance passed on first reading by the following vote:
Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing
voting, "Aye."
* * * * * * * * * * * * *
Relative to questions raised by Council Member Rhodes on Item 3, regarding
separation/tire shredding, Deputy City Manager Jesus Garza elaborated on the
specifics of the contract for tire shredding services with Can Handler and SPM,
dba Texas Tire. He explained that the six-month provision of the contract will
allow the City to negotiate the pricing within six months but it will not allow
the City to renegotiate the guarantees of $270,000.
Bob Bruner, Sanitation Director, stated that there were only two bidders
out of seven who wanted to market the tire residue.
On Item 7, recommendation of Ethics Commission, Council Member Hunt
expressed the opinion that this ordinance is unconstitutional and illegal
becausn it prevents an elected official faun representing their constituents
before any Board, Commission or Committee.
Mr. Jesse Hix, 2622 Segrest, expressed opposition to Item 7.
Mr. J. E. O'Brien, 4130 Pompano, concurred with Council Member Hunt.
City Secretary Chapa polled the Council for their votes and the following
were passed:
3. M90-111
Motion authorizing the City Manager or his designee to approve a tire
contract with Can Handler and SPM d/b/a Texas Tire, for the shredding of
used tires and recycling as approved by City Council on January 16, 1990.
Minutes
Regular Council Meeting
May 1, 1990
Page 4
The foregoing motion passed by the following vote: Turner, McComb,
Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye"; Galindo
voting, "No."
7. ORDINANCE NO. 20913
AMENDING THE CITY CODE OF ETHICS BY AMENDING SUBSECTION 16, SECTION 2-311,
REGARDING APPEARANCFS BY COUNCIL MEMBERS BEFORE CITY BOARDS, COMMISSIONS,
AND OOMMITI'EES.
The foregoing ordinance passed on third reading by the following vote:
Turner, McComb, Galindo, Guerrero, Martin, Moss, Rhodes and Schwing voting,
"Aye"; Hunt voting, "No."
* * * * * * * * * * * * *
City Manager Garza withdrew Item 8 for further analysis by staff.
8. Withdrawn
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Mayor Turner called for consideration of Item 9, Computer Aided Dispatch,
Records Management and Municipal Court System.
Council Member Galindo requested that this system be paid for from drug
money as much as possible.
City Manager Garza reviewed the status of the funding for the project,
stating that funding will be structured with a down payment of $1,000,000,
compri-cd of $700,000 from the Law Enforcement Drug Trust Fund and $300,000 from
earmarked reserve funds. He stated that the balance will be financed over a
five yaar period and future payments will be funded from the Law Enforcement
Drug Trust and increased revenues from fines. Mr. Garza explained that
computerizing the dispatching and filing systems will enable the police
department's patrol officers to handle more calls and the investigators to work
on more aasPs.
Mayor Pro Tem McComb expressed the opinion that the Council should take a
more active role in the productivity of the judicial system to ensure an
increase in efficiency.
After a broad discussion, City Manager Garza stated that the system will be
installed in phases in the new police headquarters/municipal court facility upon
the building's completion. He stated that it will be a lease purchase and the
Minutes
Regular Council Meeting
May 1, 1990
Page 5
system will belong to the City at the end of the five-year leasing arrangement.
Mr. Raymond Wimberly, 806 Alden Drive, requested that this item be
considered as a three -reading ordinance. He expressed concern about the cost of
the system.
Mr. J. E. O'Brien, 4130 Pompano, commented about the debts of the City and
inquired if it was necessary to commit the funds to purchase all of the
components for the system at this time.
Mr. Jesse Hix, 2622 Segrest, raised questions regarding the financing of
the system, and City Manager Garza responded to his questions.
Council Member Martin explained that this purchase will not create a debt
for the City, stating that the funds to purchase the bulk of the system will
come from both a drug forfeiture fund and fines collected by the municipal
courts.
City Secretary Chapa polled the Council for their votes and the following
motion was pasced:
9. M90-108
Motion authorizing the City Manager to execute a contract with U.S. West
Communication Services in the amount of $2,170,508.43 for a Computer Aided
Dispatching, Records Management and Municipal Court System. The system will
be installed, turnkey, in the new police headquarters/municipal court
facility upon the building's completion; and appropriating $300,000 from
the General Fund Restricted Reserve.
The foregoing motion pascal by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 10, Improvements to State
Highway 44 and U.S. Highway 59.
Mr. Mark Scott, a representative from the Chamber of Commerce, and Mr.
Archie Walker, Chairman of the Task Force, gave a presentation in support of the
proposed Texas Highway Trunk System which would be a major step in meeting the
State's long-range highway needs.
Mr. Walker briefly described the proposed system and stated that the 44-59
highway project is a key link in the overall transportation plan to serve South
Texas and Mexico. He stated that development of the Corpus Christi -Laredo route
into a four lane divided highway will be a major step towards meeting the
long-range transportation need of the Corpus Christi Bay area, south Texas and
the State.
Minutes
Regular Council Meeting
May 1, 1990
Page 6
Discussion ensued as a series of specific questions were asked by several
Council Members, and Mr. Walker responded to their questions. The majority of
the Council expressed support of the project.
Council Member Rhodes expressed concern about the priority of the project,
stating that the feasibility study included in the support material was not
recent material.
Mayor Turner noted a correction in the last paragraph of the resolution. A
motion was made by Council Member Guerrero to amend the resolution and include
the word "routes" in the last paragraph. The motion was seconded by Council
Member Schwing and pacsed unanimously.
Mr. Louis Corona, 2805 David, expressed concern about pollution and traffic
and indicated that he is not for or against the project.
City Secretary Chapa polled the Council for their votes and the following
resolution passed as amended.
10. RESOLUTION NO. 20914
SUPPORTING THE DEVELOPMENT OF STATE HIGHWAY 44 AND U.S. HIGHWAY 59 BETWEEN
CORPUS CHRISPI AND LAREDO.
The foregoing resolution, as amended, passed by the following vote:
Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting,
"Aye"; Rhodes voting, "No."
* *,* * * * * * * * * * *,
Mayor Turner called for consideration of Item 11, Mustang Island Extra
Territorial Jurisdiction.
Mayor Turner provided background information on the City of Port Aransas'
request to consider whether the City will relinquish its ETJ rights to Mustang
Island. She read from a prepared statement and stated that the City has worked
cooperatively with Port Aransas to provide fpcsion of the City's ETJ with
subsequent annexation by Port Aransas. She referred to an agreement made in
1984 which established the final line between Port Aransas and Corpus Christi
and stated that the dividing line has been set.
Mayor Turner proposed that Corpus Christi not give up its right to annex
the beach front property along the seven -mile stretch because of the potential
property tax base it offers, stating that other areas could be open for
negotiation. She stated that the City of Corpus Christi values its neighbors
and sincerely wants to work together with them.
Port Aransas Mayor J. C. Barr read a prepared statement in favor of having
the City of Corpus Christi relinquish some of its extra -territorial jurisdiction
rights to Port Aransas.
Minutes
Regular Council Meeting
May 1, 1990
Page 7
Port Aransas Mayor Pro Tem Chuck Borders referred to a map of the area and
requested the Council to take action on this issue.
The following individuals expressed support of the request by Port Aransas:
1. Ms. Barbara luckenbach Schuster Shepherd, a representative of the Corpus
Christi Convention and Visitors Bureau; 2. Mr. Jahn Gilluly, managing agent for
the Gulfshores and El Cortez Condominiums, stated that he is representing 112
property owners who are opposed to becoming part of Corpus Christi; 3. Mr. Don
Jordan, 202 Reef Avenue, reprcrcnting 112 units at the Port Royal Condominium;
4. Dr. Miriam Wagenschein, 6810 Sahara Drive, an urban studies professor at
Corpus Christi State University; and 5. Mr. Ronald McGee, a resident in Flour
Bluff.
Mr. Fred Heldenfels, speaking on behalf of the Corpus Christi Chamber of
Commerce, stated that at this time they do not recommend cession of any ETJ by
the City of Corpus Christi to Port Aransas. He stated that they believe both
cities should work ccoperatively to study and plan the future development of
Mustang Island. He stated that at the appropriate time, they would recommend
that Corpus Christi consider ceding smaller parcels of land for specific needs
of the City of Port Aransas.
Mr. J. E. O'Brien, 4130 Pompano, inquired about the Comprehensive Plan
referred to in the City Manager's memorandum. He also stated that in 1986, the
voters rejected annexing Mustang Island by a 4 to 1 vote.
Mr. Jesse Hix, 2622 Segrest, spoke in favor of giving Port Aransas the
authority to annex enough land so that they can build a golf course.
Council Member Hunt expressed the opinion that the City has done a poor job
in providing adequate infrastructure in some areas despite having annexed them.
He stated that there is no other word that descrihas Corpus Christi's annexation
of Mustang Island but "greed." Mr. Hunt stated that it will put another burden
on the taxpayers of the City of Corpus Christi. He made a motion that a
referendum be held by the citizens of Corpus Christi to relinquish the ETJ to
Port Aransas. The motion died for lack of a second.
Council Member Rhodes expressed the opinion that it is the Council's
repsonsibility to do what is best for Corpus Christi, stating that Corpus
Christi must keep the right to annex the area because the taxes it would
generate could help pay for improvements in other areas of the City.
Council Members Galindo and Schwing declared that they would be willing to
work toward a promise, stating that both cities should work together to
establish future goals.
City Secretary Chapa polled the Council for their votes and the following
resolution was passed:
Minutes
Regular Council Meeting
May 1, 1990
Page 8
11. RESOLUTION NO. 20915
ADOPTING A POSITION NOT TO REDUCE OR RELINQUISH THE EXTRA -TERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISn OVER MUSTANG ISLAND.
The foregoing resolution passed by the following vote: Turner, McComb,
Galindo, Guerrero, Martin, Moss, Rhodes and Schwing voting, "Aye"; Hunt
voting, "No."
* * * * * * * * * * * * *
Mayor Turner declared a five-minute recess.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 4:10 p.m. and announced the
public hearing on the following zoning application:
12. Application No. 390-2, Susser/Lundquist Joint Venture and Ralph Cobb: For
a change of zoning from "B-1" Neighborhood Business District to "B-4"
General Business District on Lots 16A, 16B, 17, and 18, Block 4, Gardendale
Addition No. 2, located on the southwest corner of South Staples Street and
Williams Drive.
Mayor Turner stated that the Planning Commission and Planning Staff
recommend approval of "B-4" General Business District.
There were no comments from the Council or the audience regarding the
zoning application.
Council Member Guerrero moved to close the public hearing; seconded by
Council Member Galindo and pasted unanimously by those present and voting; Hunt
and Rhodes absent at the time the vote was taken.
City Secretary Chapa polled the Council for their votes and the following
ordinance was pasted:
ORDINANCE NO. 20916
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SUSSER/LUNDQUIST JOINT
VENTURE AND RALPH COBB, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS
16A, 16B, 17, AND 18, BLOCK 4, GARDENDALE ADDITION NO. 2, FROM "B-1"
NIIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT.
An emergency was declared and the foregoing ordinance used by the
following vote: Turner, McComb, Galindo, Guerrero, Martin, Moss and
Schwing voting, "Aye"; Hunt and Rhodes absent at the time the vote was
taken.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
May 1, 1990
Page 9
Mayor Turner announced the public hearing on the following zoning
application and stated that comments will be restricted to matters pertaining to
zoning:
13. Application No. 390-1, Eduardo Aquino, M.D., P.A.: For a change of zoning
from "R -1B" One -family Dwelling District to "B-4" General Business District
on Lots 49 and 50, Block 1400, Bay Terrace, located on the northeast corner
of 17th Street and Crosstown Freeway.
Mayor Turner stated that the Planning Commission and Planning Staff
recommend approval of the "B-4" Business District.
Planning Director Harvey presented a slide presentation of the immediate
area and surrounding vicinity.
Mr. Tony Bonilla, an attorney representing Dr. Eduardo Aquino, provided
background information on the zoning application and explained the purpose for
the rezoning. Mr. Bonilla stated that a petition which was circulated in the
neighborhood of those in favor of the rezoning is on file with the City.
The following individuals expressed opposition to the zoning application:
1. Mr. Cliff Zarsky, 5202 Wooldridge; 2. Mr. Andres Corona, 1902 Inritte; 3.
Mr. Manual Garcia, 5310 Hitching Post; 4. Ms. Yolanda Guerrero, 1714 Trenton
Drive; 5. Mr. Richard Powell; 6. Ms. Rhonda Dickson, Vice President of Corpus
Christi Right to Life; 7. Mr. Gene Diller, 413 Whitehall; 8. Pastor Alan Lutz,
5077 Wingfoot Lane; 9. Mr. J. H. Kinard, 4629 Donegal; 10. Mr. Raymond Wimberly,
806 Alden; 11. Mr. James Via, 2501 Sarita; 12. Mr. Gary Morton, Route 3; 13. Ms.
Lula Stephan, 1410 Tompkins, representing Women Exploited by Abortion; 14. Mr.
Mike Silberg, 615 S. Upper Broadway; 15. Dr. Meany, 3360 St. Andrews, Director
of Pro Life Office; 16. Mr. Ray Reeves, 1741 Star Cove, C.C. Right to Life; 17.
Mr. Robert Godines, 5930 Rio Grande; 18. Mr. Anthony Staton; 19. Mr. Wiley
Camron, Route 3; and 20. Ms. Marie Saenz, 2929 David.
The following persons conveyed their support of the zoning application: 1.
Mr. Harold Hoppenrath, 338 Clifford; 2. Mr. Hector Flores, 3926 Panama; 3. Mr.
Gus Blomquist, 7201 Pepper Ridge; and 4. Ms. Amanda Stukenberg, 3502 Aransas
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Moss and passed unanimously.
Discussion followed and Council Member Martin suggested that instead of
changing the zoning from residential to general business, that it be changed to
"AB" which allows for professional office buildings. He stated that the "AB"
zoning is more restrictive than "B-4" and would be less obtrusive to the nearby
neighborhood. Mr. Martin made a motion to amend the ordinance and approve "AB"
professional office district instead of "B-4." The motion was seconded by
Council Member Schwing.
Mayor Pro Tem McComb suggested that the City consider down -zoning the
entire site from "8-4" to "AB"
MlnutPs
Regular Council Meeting
May 1, 1990
Page 10
Planning Director Harvey explained the differences between "B-4" and "AB"
zoning, elaborating on landscaping, fencing and the maximum heights for
construction.
Mayor Turner asked if the zoning was acceptable to the applicant, and he
replied in the affirmative.
The motion made by Council Member Martin passed by the following vote:
Turner, McComb, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye"; Galindo
and Guerrero voting, "No."
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed as amended:
ORDINANCE NO. 20917
AMENDING THE DINING ORDINANCE UPON APPLICATION OF EDUARDO AQUINO, M.D.,
P.A. , BY CHANGING THE ZONING MAP IN REFERENCE TO ICI'S 49 AND 50, BLOCK
1400, BAY TERRACE, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB"
PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed, as amended,
by the following vote: Turner, McComb, Hunt, Martin, Moss, Rhodes and
Schwing voting, "Aye"; Galindo and Guerrero voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza ca mnented in regard to his memo to the Council on the
Order for Interim Operational Procedures concerning Certificates of Adjudication
No. 21-3214 by the City of Corpus Christi, Nueces River Authority and City of
Three Rivers (Choke Canyon/Lake Corpus Christi Reservoir System).
Mayor Turner referred to the Ethics Commission and the subject of the
removal of members. Discussion followed on this matter, and staff was asked to
do research and provide the Council with a report on the existing procedure for
the removal of Board and Commission members.
Mayor Turner called for reports from the Council.
Council Member Moss reminded the Council about the Dinosaur exhibit preview
on Friday evening at the Museum.
Mr. Moss connnented about the budget and inquired about a budget workshop,
and City Manager Garza commented on the budget schedules.
Mayor Pro Tem McComb spoke about the community's interest in recycling. He
encouraged staff to proceed with a fuller implementation of a recycling program
rather than a test pilot program on a very limited basis.
1
Minutes
Regular Council Meeting
May 1, 1990
Page 11
Council Member Schwing commented in regard to the antenna location, and
City Manager Garza stated that staff re rarched this matter thoroughly and in
terms of coverage, the b st location would be One Shoreline Plaza.
Mr. Schwing referred to the Gulf Coast Little League Field and requested
that the dehri be picked up.
Council Member Martin stated that he will not be at the Council Meeting
next week and asked if the Board and Committee appointments and the judge
evaluations be delayed. He indicated that he would like to serve on the Council
Committee which will report to the Council on the budget for the courts.
Mr. Martin commented on the issue regarding the cleanliness of the City.
He stated that he would like to see this issue addressed in the budget such as
recycling, mowing of grass, ditches, and beach clean up. Discussion followed
regarding the cleanliness of the City, and Mayor Turner concurred with Council
Member Martin.
Council Member Galindo asked if it was possible for the City to get the
prisoners in the county to clean the ditches.
Mayor Pro Tem McComb reminded the Council about Operation Paintbrush on
June 9th.
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Ronald McGee, 431 Claride, Flour Bluff, referred to the Aquino zoning
case and complimented the Council on keeping the matter to the rezoning issue.
He referred to the corner of Waldron Road and South Padre Island Drive and
requested that the lights be tied down and that the City remove the caution red
blinking lights.
Mr. Sam Granato, President of the Corpus Christi Police Officers
Association, invited the Council to the Cinco de Mayo Celebration on May 4 and
presented the Council with T-shirts.
There being no further business to come before the Council, Mayor Turner
adjourned the Council Meeting at 5:30 p.m. on May 1, 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 May 1, 1990, which were
approved by the City Council on May 8, 1990.
WITNESSETH MY HAND AND SEAL, this the 29th day of June, 1990.
Betty Turl r
Mayor
T T
Armando Chapa
City Secretary
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