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HomeMy WebLinkAboutMinutes City Council - 08/28/1990M1TNJPT. C-2)( OF CORPUS S CERTSIT, REGULAR amantEEETINC AUGUST 28, 1990 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing * Council Members: Cezar Galindo Leo Guerrero * Tom Hunt Edward Martin Joe McComb Clif Moss Mary Rhodes City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Petty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member r'?zar Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Tom Hunt. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the necessary charter officers were present to conduct the mooting. Mayor Turner called for approval of the .inut er of the Workshop and Regular Council Meetings of August 21, 1990, and there being no corrections or additions, she proclaimed them approved as presented. * Council Member Guerrero arrived at 2:03 p.m. Mayor Turner recognized members of the Private Industry st?y Council and read a Proclamation designating August 27 - Septer.r 3, 1990, as "JTPA Alumni Week." Mr. Bob Trask, President of the Private Industry Council, presented MS. Sandra Graham, a JTPA alumni, with a plaque for her outstanding contribution in the J1PA Partnership Act Program. Mayor Turner administered the Oaths of Office to the following newly appointed Board and Committee members: Miles Graham, Thomas McDonald, Bill Osburne - Building Code Board of Appeals; Ken Austin, Leroy Fuglsang - CC Area Convention & Visitors Bureau; Phillip Benavides - Electrical Advisory Board; J. R. Brown, Dee B. DeShelter, Lillian Edwards, Sal Holguin, Jack Padgett, J. W. MICROFILMED Minutes Regular Council Meeting August 28, 1990 Page 2 Reed, Tom Stewart - Honey Bee Advisory Committee; Jim Hoose, Kate Haltom - Human Relations Commission; Jack Ratkovic - Kennedy Causeway Advisory Committee; Arthur Howerton - Museum Advisory Committee; Bill Sanderson - Planning Commission; John De La Garza - Senior Companion Program Advisory Committee. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances, and ordinances from previous meetings on Items 1 thsu 11 and Council Members requested that Iters 2 and 3 ht withheld for discussion. There were no continents from the audience on the other items. * Council Member Schwing arrived at 2:15 p.m. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M90-229 Motion approving the purchase of 1,000 gallons of cythion insecticide in accordance with Bid Invitation No. BI -0391-90 from American Cyanamid Company, Wayne, New Jereey, for a total of $16,670 based on sole source. The cythion will be used by the Health Department for mosquito control. Funds have been budgeted for FY 90-91. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 4. ORDINANCE NO. 20970 CLOSING THE HEARING ON STREET IMPROVEivIENTS ON THE FOLLOWING STREETS IN THE SAN JUAN AREA - 1. Scapular Street, from. South Clarkwood Road to Gaviota Street, 2. Gaviota Street, from Scapular Street to County Road 36, 3. Mariposa Street, from Sinton Drive to Scapular Street, 4. Simon Drive, from South Clarkwood Road to Stook Drive, and 5. Stock Drive, from South Clarkwood Road to Simon Drive; FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROTS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Guec.rero, Hent, Martin, McComb, Moss and Rhodes voting, "Aye." 5. M90-232 Motion awarding a contract in the amount of $829,549 to Island Construction, Inc., for the Can Juan Area Street Improvements Project. The foregoing motion pr.ased by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." Minutes Regular Council Meeting August 28, 1990 Page 3 6. ORDINANCE NO. 20971 CLOSING AND ABANDONING A 2.5 FOOT WIDE BY APPROX MA1L Y 103 HOOT LONG PORIION OF THE UTILITY EASEMENT ON THE SOUTHERLY SIDE OF BLOCK 1, LOT 47, CEDAR RIDGE UNIT 1, SHOWN BY PLAT IN VOLUME 48, PAGES 164-165, MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDED THAT THE APPLICANT REPEAT THE PROPERTY WITHIN 180 DAYS; PROVIDED THAT THE CITY OF CORPUS CHRISTI BE HELD HARMLESS FOR FUTURE WORK PERFORMED ON UTILITY LINES THAT MAY BE LOCATED WITHIN THE FIVE FOOT PORI ION OF THE EASEMENT NOT BEING CLOSED; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 7. SECOND READING CLOSING AND ABANDONING A 4 FOOT WIDE BY 28 FOOT LONG PORTION OF A 7.5 'FOOT WIDE UTILITY EASE ENT IN WI 9, BLOCK 2, WOOD RIVER UNIT 1 SUBDIVISION; SUBJECT TO CERIAIN PROVISIONS. The foregoing ordinance passed on second reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 8. SECOND READING AUIHORIZING THE EXECUTION OF A ONE-YEAR RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. S. GENE WILSON FUR A 20 ACRE TRACT OF LAND WITH MPROVEMENTS LOCATED OPE YORKTOWN ROAD ACQUIRED FOR THE SCUTH.SIDE SEWER TREATMENT PLANT PROJECT, WITH A RENTAL FEL OF $500 PER MONTH; AND DECLARING AN EMERGENCY. The foregoing ordinance passed on second reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 9. ORDINANCE NO. 20972 AUTHORIZING THE E .CUPION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NE EC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORIHEAELE CORNER OF THE INTERSECTION OF C A 1F AN RANCH ROAD AND SARATOGA BOULEVARD; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on third reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 10. ORDINANCE NO. 20973 Minutes Regular Council Meeting August 28, 1990 Page 4 AUTHORIZING THE EXECUTION OF A CNE -YEAR FARMING LEASE AGREEMENT WITH IQASTERMANN FARMS FOR A 23.099 ACRE TRACT OF LAND LOCATED AT TIE NORTH CORNER OF THE INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CRP HARVESTED FROM THE ACREAGE OR A GUARAN'I.' $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on third reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 11. ORDINANCE NO. 20974 AUTHORIZING THE EXECUTION OF A ONE-YEAR LEASE AGREEMENT WITH M. DOYLE SLOUGH FOR A 46 ACRE TRACT OF LAND FROM THE SOUTHSIDE SEWER TREATMENT PLANT SI'T'E LOCATED OFF YORKTOWN BOULEVARD; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP i-IARVE5Tm FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WPIC EVER IS GREATER. The foregoing ordinance passed on third reading by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * * Relative to a question from Council Member Moss on Item 2, Bayfest '90, City Manager Garza responded that the City's agreement with Bayfest is for a throe -year term commencing on September 7, 1988. He stated that Bayfest will have to apply and receive permission from the City each year for the temporary closing of streets. In response to a question from Council Member Noss on Item 3, Park Road 53 land acquisition, parcel 1, City Manager Garza responded that he will provide Mr. Moss with the actual cost to the City for the utility relocations. He elaborated on the state highway improvements and indicated that he will furnish Mr. Moss with the schedule in regard to the completion of the overpass Council Member Galindo expressed concern about the price of relocating the 7-11 sign, and City Manager Garza stated that it is a negotiated price; it is expensive to build and mount a sign; and he believes that it is a reasonable charge. City Secretary Chapa polled the Council for their votes and the following motions were passed. 2. M90-230 Motion approving a request from Bayfest, Inc., to close the following street sections for Bayfest '90 on September 28, 29, and 30, 1990: Minutes Regular Council Meeting August 28, 1990 Page 5 1. North Shoreline Boulevard, west leg, between westbound Interstate 37 and Hughes Street, from Tuesday, September 18 through Wednesday, October 3, 1990. 2. North Shoreline Boulevard, east leg, between westbound Interstate 37 and Hughes Street; North Water Street, between Fitzgerald Street and Hughes Street; Belden, Power, Palo Alto, Fitzgerald, Resaca, and Hughes Streets, each between Water Street and North Shoreline Boulevard, from Friday, September 28 through Sunday, September 30, 1990. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 3. M90-231 Motion authorizing acquisition of Parcel 1, located at the intersection of Park Roads 53 and 22, for $19,365 in connection with the Park Road 53 Land Acquisition Project. The foregoing motion passed by the following vote: Turner, Cchwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * Mayor Turner called for consideration of Item 12 pertaining to a policy governing the use of plastic bags at retail outlets. City Manager Garza requested direction from the Council in regard to the proposed ordinance. Bob Bruner, Director of Solid Waste Servims, provided backyiound information relative to the feasibility of establishing regulations on plastic bags. Discussion ensued and the Council agreed that there needs to be an educational campaign in regard to recycling and environmental issues Fefore an ordinance is established which would preclude the use of plastic bags. Council Members Rhodes suggested that the recycling and environmental experts give a presentation to the Council on what is actually involved between the nee of plastic and paper bags. She also recommended that staff meet with retailers to obtain their cooperation in regard to the impact of providing paper bags instead of plastic. Mrs. Rhodes moved to table this iter in order to allow for input before further consideration by the Council. The motion was seconded by Council Member Galindo and passed unanimously. Minutes Regular Council Meeting August 28, 1990 Page 6 * * * * is * * * * * * * Mayor Turner called for consideration of Item 13, ay cement between the City of Corpus Christi and the CC Area Economic Development Corporation. Mr. Steve Sullivan, Chairman of the Board of the CC Area Economic Development Corporation, gave a presentation in regard to the corporation's request for an extension of their contract at the current funding level of $250,000 per year. He provided an overview of the board and remarked about the formation of the corporation. Mr. Sullivan gave an overview of their strategic plan and showed an excerpt from a national TV program explaining the success of Pueblo, Colorado in economic development. The following individuals spoke in support of the CC Area Economic Development Corporation: Mr. Mack McCluskey - DuPont; Mr Luis De La Garza - Valero; Mr. Michael Davidson - Nueces County NMR; Mr. Dean Dearmont - Housmex, Inc.; Mr. Dick Cahoon - DeDietrich; Mr. Loyd Neal - South Texas Military Facilities Joint Task Forrn; Mayor Emeritus Luther Jones - Texas State Aquarium; and Mr. Joe Fulton - Port of CC Authority. Mr. Richard King, Chairman Elect cf the CC Area Economic Development Corporation, spoke about the future role of the corporation. He claimed that the City is their biggest stockholder and they are willing to work with the City in order to improve on communications. Following the presentation, different viewpoints were discussed by members of the Council. Mayor Pro Tem Schwing declared that he supports the continued existence of the Corporation but stated that there is room for improvement in the corporation's operating procedure He indicated that he would not support a two year contract but would prefer to extend the contract for six months. He suggested that the Council form a committee to include all interested parties to meet and report back to the Council in ninety days with recommendations to elminate some of the problems. Council Member Rhodes concurred with Mayor Pro Tem Schwing's recommendation and expressed the opinion that she would like to see more Council Members on the corporation's board. She indicated that the Council represents all citizens in the City, in addition to the people benefiting directly from economic development. Specific questions raised by the Council were responded to by Mr Sullivan. After some discussion, Council Member Guerrero moved to authorize the City Manager to execute an agreement between the City of Corpus Christi and the CC Area Economic Development Corporation for a two-year period beginning August 1, 1990, under the same terms and conditions. The motion was seconded by Council Member Moss. Minutes Regular Council Meeting August 28, 1990 Page 7 Council Member McComb pointed out that the contra.L includes a 90 -day termination clause and either party can cancel. He commented in regard to the establishment of the EDC. He stated that he will support Mr. Guerrero's motion but encouraged the City and the Corporation to get together to address some of the difficulties. Council Member Hunt pointed out that the citizens and taxpayers have fully supported economic development by means of reinvestment zones, foreign trade zones, enterprise zones, tax abatements and various other ways. He expressed support of Mr. Schwing's recommendation. Council Member Martin expressed the opinion that there should he more representation from the City on the EDC board, including two Council Memters. He stated that he supports the funding but would like to see a committee formed of members of the Council and the EDC. He suggested that the committee meet and report tack in ninety days with recommendations in regard to colLunications, representation, organization, etc. Mayor Turner suggested that Mayor Pro Tem Schwing be the chairman of that committee. She then called for comments from the audience. Mr. J. E. O'Brien expressed opposition to the motion made by Mr. Guerrero. He remarked about the agreement and quoted from the agreement in regard to the City Charter. Mr. O'Brien alleged that the submitted agieement was in violation of the City Charter. He then commented in regard to an agreement between the EDC and the Industrial Development Corporation relative to funding $50,000 for an incubator program. He read a portion of that agreement and expressed the opinion that the EDC did not comply with the agreement. He suggested that the Council table the motion. City Manager Garza stated that at this time, no funds have been disbursed to the EDIc because there is no contract. He stated that the correct agreement was the one handed out at the beginning of the meeting rather than the one in the attachment related to this item. Mr. Garza discussed the changes in the agreement which was presented to the Council during the meeting from the agreement that the Council received in their packets, noting that there are no major changes. Council Member Galindo expressed concern that the Council was not given a sufficient amount of time to review the new agreement He stated that he supports the funding for the Economic Development Corporation but needs time to review the contract. He agreed with Mr. O'Brien's suggestion to table the item. Mr. Garza stressed that the changes in the agreement are not material changes. Mr. Claude D'Unger, 201 Del Mar, expressed concern about the $50,000 which was given to the EDC from the CC Industrial Development Corporation for the incubator program and stated that he has not been able to find any accounting for those funds. Minutes Regular Council Meeting August 28, 1990 Page 8 City Manager Garza stated that he will rPsearch this situation. City Secretary Ctiapa polled the Council for their votes and the following motion was passed: 13. M90-233 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and the Corpus Christi Aroa Economic Development Corporation for a two-year period beginning August 1, 1990, under the same terms and conditions. The foregoing motion passed by the following vote: Turner, Galindo, Guerrero, Martin, McComb and Moss voting, "Aye"; Schwing, Hunt and Rhodes voting, "No." Council Member Martin moved that a committee be established of Council Members and EDC members to meet and report back to the Council in ninety days with their recommendations. The motion was seconded by Council Member Guerrero and passed unanimously by tho^e preGent and voting; Hunt absent at the time the vote was taken. Mayor Turner declared a short recess. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and opened the public hearing on the following zoning application: 14. Application No. 790-1, Yorktown Baptist Church: For a change of zoning from "AB" Professional Office District to "B-4" General Business District located on a 0.0287 acre portion out of Lot 1, Block 1, The Lakes Unit 6, located on the south side of Yorktown Boulevard, approximately 250' south of the Club Estates Drainage Outfall. Council Member McComb informed the Council that he will abstain from the vote and discussion on this zoning case because he is a member of the Yorktown Baptist Church. Mayor Turner stated that both the Planning Commission and Planning Staff recommend denial of "B-4" General Business District, and in lieu thereof, approve a special permit for one freestanding church sign outside the minimum required front yard setback, in accordance with the approved site plan and subject to three conditions. Mayor Turner inquired if the special permit was acceptable to the applicant, and the response was affirmative. There was no opposition from the audience on the zoning application. Mlnutec Regular Council Meeting August 28, 1990 Page 9 A motion was made by Council Member Galindo to close the public hearing; seconded by Council Member Moss and passed unanimously by those present and voting; Guerrero absent at the time the vote was taken; McComb abstaining. City Secretary Chapa polled the Council for their votes and the following ordinance was approved: ORDINANCE NO. 20975 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF YORKTOWN BAPTIST' CHURCH BY GRANTING A SPECIAL COUNCIL PERMIT FOR ONE FREE-STANDING CHURCH SIGN OUTSIDE THE NIIN MUM REQUIRED FRONT YARD SETBACK ON A PORTION OF 121 1, BLOCK 1, THE LAKES UNIT 6; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; McComb abstaining. Council Member Martin expressed concern that the church had to request "B-4" zoning in order to obtain a sign. He requested staff to provide the Council with a recommendation on how individuals can apply directly for a special permit for signs. Planning Director Harvey indicated that there are two fundamental problems in the zoning ordinance as it addresses signs and he elaborated on the problems. He stated that these issues could be addressed if amendments are made to the zoning ordinance. He stated that staff will address this',matter with the Planning Commission. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 15. Application No. 790-2, Riverside Hospital (Notemi Hospitals of Texas): For a change of zoning from "AB" Professional Office District with "SP" Special Permit to "B-4" General Business District on Riverside Hospital Tract, located on the south side of Farm Road 624, approximately 1,200 feet west of U.S. Highway 77. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of the application. There was no opposition from the public on the zoning application. Council Member Galindo moved to close the public hearing; seconded by Council Member Martin and passed unanimously by those present and voting; Guerrero absent. Minutes Regular Council Meeting August 28, 1990 Page 10 City Secretary Chapa polled the Council for their votes and the following ordinance was p csed: ORDINANCE NO. 20976 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RIVERSIDE HOSPITAL (NOTAMI HOSPITALS OF TEXAS) BY CHANGING THE ZONING MAP IN REFERENCE TO RIVERSIDE HOSPITAL TRACT FROM "AB" PROFESSIONAL OFFICE DISTRICT WITH A "SP" SPECIAL PERMIT TO "B-4" GENERAL BUSINESS DISTRIUi; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza spoke about scheduling a Council workshop meeting on September 18th in regard to solid waste operations. There was no opposition from the Council about scheduling the meeting on September 18th. Council Member Martin requested a printout of all the scheduled workshop meetings. Mayor Turner reported on her recent trip to Monterrey in regard to economic development. Council Member Martin spoke in regard to the reconsideration of the Port Aransas annexation request. He indicated that he would like this item to be placed on a future agenda and that the City of Port Aransas be provided with a response to their last letter in regard to the annexation request Mr. Martin moved to direct the City Manager to put the reconsideration of the Port Aransas annexation on a future agenda. The motion was ceccnded by Council Member Guerrero and passed; Rhodes voting, "No." Council Member Guerrero commented in regard to the CC Veterans Band's performance at the amphitheater in support of Veterans Day and the Persian Gulf situation. He noted that the City intends to charge the Veterans Band for use of the amphitheater and he would recommend that the fee be waived for this specific occasion. Mr. Guerrero moved to waive the fee for use of the amphitheater for the special performance on september 7th. The motion was seconded by Council Member Galindo and passed unanimously; Schwing absent at the time the vote was taken. Council Member Galindo remarked about Dr. R. T. Barrera who is affiliated with the Pan American Golf Association. Minutes Regular Council Meeting August 28, 1990 Page 11 Council Member Moss commented in regard to a sewer service situation with Mr. Eric Wendl of Maverick Markets, and City Manager Garza indicated that he will speak to Mr. Wendl about this matter. Council Member McComb requested a legal opinion in regard to awarding a "design/build" contract on the Hispanic Arts Building project because it is being built with public monies. Council Member Moss commented in regard to the water taxi service, and City Manager Garza stated that the RIA is interested in the long-term aspect of the service. He noted that it has not yet been decided who will operate the service. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jesse Hix, 2622 Segrest, spoke in regard to planting shade trees in Sherrill Park. Mr. R. J. Herscbbach, 4650 Hakel, expressed the opinion that the City of Corpus Christi is in violation of the Texas Open Meetings Act because notice of the Council Meetings had not been properly posted in accordance with the Texas Open Meetings Act requirements. He also spoke in regard to the Ethics Commission and stated that the charter stipulates that the Council shall have the express power to investigate its members. A discussion followed in regard to posting the notice of the Council Meetings. City Attorney George stated that the case in San Antonio is on appeal to the Texas Supreme Court and they have not ruled on the case. He indicated that the opinion is not final and the City will receive definite direction in this regard. A motion was made by Council Member Rhodes that the agenda be posted on a bulletin board and placed up against the outside window in order for the public to view the agenda. The motion was seconded by Council Member Hunt and passed unanimously by those present and voting; Schwing absent at the time the vote was taken. The Council went into closed session pursuant to Article 6252-17, Section 2(e) and 29(g) V.A.C.S., to discuss personnel matters involving reassignment and duties of Deputy City Manager, Assistant City Managers, Department Heads, and other employees and to receive City Attorney's advice with regard to Cause No. 87-5586-E, City, et al v. Bennett & Associates, Inc., et al. * * * * * * * * * * * * * Following the closed session, Mayor Turner declared the Council Mooting adjourned at 6:00 p.m. on August 28, 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 August 28, 1990 which were approved by the City Council on September 4, 1990. WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991. Armando Chapa City Secretary derc Bjtty Turn Mayor