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HomeMy WebLinkAboutMinutes City Council - 11/06/1990MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 6, 1990 2 p.m. PRESENT Mayor Betty Turner * Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Leo Guerrero * Tom Hunt Joe McComb Clif Moss Mary Rhodes Frank Schwing * City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa G" ct tt Mayor Pro Tem Edward Martin called the meeting to order in the Council Chamber of City Hall. He announced that Mayor Turner and City Manager Garza will arrive a few minutes late at the meeting because they are visiting a City employee in the hospital. The invocation was delivered by Council Member Joe McComb following which the Pledge of Allegiance to the Flag of the United States was led by a Corpus Christi Boy Scout. 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 arrived at the meeting at 2:05 p.m. Mayor Turner recognized Ms. Mary Chavarry, the Administrative Director of Family Counseling Services, who commented about the importance of Family Week. Mayor Turner presented her with a Proclamation designating November 18-24, 1990, as "Family Week." Mayor Turner recognized the following individuals who made remarks about "Scouting for Food Week": Dr. Hector Garcia, Chairman of the Scouting for Food Week Drive; a boy scout; the Director of the Corpus Christi Boy Scouts; and the Director of the Food Bank. Mayor Turner read a Proclamation designating November 10-17, 1990, as "Scouting for Food Week." MICROFILMED Minutes Regular Council Meeting November 6, 1990 Page 2 Mayor Turner called for approval of the Minutes of the Regular Council Meeting of October 30, 1990, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Turner referred to the Board and Committee appointments and the resulting appointments were made by the Council: (M90-285) Planning Commission CCHTC/Loan Review Committee Michael Karm Elva Garza Mayor Turner called for the Bluff Balustrade report. City Manager Garza provided an update of the Broadway Bluff improvements project, elaborating on the funding. Malcolm Matthews, Park and Recreation Director, presented an overview of the Bluff Balustrade Restoration Project. He addressed the irrigation and lighting contracts which are on the agenda today and discussed the timetable for the projects. Mr. George Brown, a representative of the Rotary Club, reviewed the status of the Coppini sculpture. In response to a question from Council Member Moss on the irrigation improvements contract, City Manager Garza explained that the irrigation improvements contract was not bid on a life -cycle method. He stated that it was done on a low bid basis because the City is purchasing a commodity. Mr. Garza clarified that the specifications do specify that the City can select the best bid but there should be a sound logical basis for the recommendation. Following a brief discussion in which concerns were expressed by the Council in regard to a $400 differential between the low bid and a local bidder, a motion was made by Council Member Moss to table this item so that the City Manager can examine the contract to see if it can legally be awarded to the local bidder. The motion was seconded by Council Member Martin and passed; Turner, Martin, Galindo, Hunt, Moss and Rhodes voting, "Aye"; McComb voting, "No"; Guerrero and Schwing absent. In reply to a question from Mr. Ronald Hudson, 3556 Austin, City Manager Garza responded that the lighting fixtures will be functional as well as decorative. City Secretary Chapa polled the Council for their votes and the following motion was passed. 11. M90-293 Minutes Regular Council Meeting November 6, 1990 Page 3 Motion approving the purchase of twenty-eight decorative light fixtures for the Bluff Balustrade in accordance with Bid Invitation No. BI -0411-90 from Spring City Electrical Mfg. Co., Spring City, PA, based on the low bid of $24,220. These fixtures are part of the Bluff Balustrade Restoration Project and will be installed by the Engineering Department. Funds have been budgeted in FY 90-91. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Hunt, McComb, Moss and Rhodes voting, "Aye"; Guerrero and Schwing absent. 12. Tabled Motion approving the award of a contract in the amount of $12,255 to SISCO the Broadway Bluff. * * * * * * * * * * * * * In regard to the report on the Senior Nutrition Program, Council Member McComb stated that the City is meeting the needs of its senior citizens. He expressed the opinion that the funds for the establishment of the screening procedure would be better spent on meals for the citizens. He suggested that the program should be operated on a first-come first -serve basis. Mr. McComb moved to not institute the establishment of a screening procedure for all new participants in the Elderly Nutrition Program; to continue operating the program in the current manner; and to report to the Council if there ever is a problem where an individual is turned away. The motion was seconded by Council Member Moss and passed unanimously; Schwing and Guerrero absent. 13. Failed to Pass Motion approving the establishment of a screening procedure for all new participants in the Elderly Nutrition Program. * * * * * * * * * * * * * City Manager Garza provided a brief informational report on amending the Code of Ordinances, Chapter 13, Section 13-93, so as to amend the Electrical Code to require electric utility companies to obtain permits and comply with the National Electrical Code standards for certain exterior lighting installations. * Council Members Guerrero and Schwing arrived at the meeting. The following individuals expressed support of the proposed ordinance: Mr. Larry Major, 209 Horseshoe, Chairman of the Electrical Advisory Board, who commented about the development of the ordinance; Mr. William Stacy, 4330 Wolf Creek Court; Mr. Bill Miller, Bill Miller Associates; Ms. Debbie Farrell, 5809 Crestwillow, President of Electric Construction Company; Mr. Darrel McGonagill, 4214 Dody; Mr. Dan Badway, a resident Minutes Regular Council Meeting November 6, 1990 Page 4 of San Marcos; Mr. Terry Whitmire, 8250 Old Brownsville Road; Mr. Noe Morin, 2545 Johanna; Mr. Jack Green, 1009 Catalina, President of Fairbairn Electric; and Mr. Armando Martinez, 4710 Westwood. Mr. David Hooper, Area Manager of CP&L, claimed that there are two sides to this issue, and the Council should consider both sides. He stated that information will be mailed to the Council in their Friday packet. A broad discussion ensued dealing with the subject of safety issues and unfair competition, and City Manager Garza responded to specific questions posed by the Council. Before the next reading of the ordinance, Council Member Schwing requested answers be provided to the following questions as to the location of the circuit breaker, the intention of the code and if the Utility Commission intends for utility companies not to meet the National Electrical Safety Code. Council Member Guerrero expressed concern that CP&L's system which is offered on a leasing plan is the only option available to many people on a fixed or low income to obtain a security light. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 17. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, SECTION 13-93, PERMITS AND FEES, TO REQUIRE PERMITS FOR ELECTRIC UTILITY COMPANIES TO INSTALL EXTERIOR LIGHTING. The foregoing ordinance passed on first reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Yes." * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 9, and Council Members requested that Items 3 and 4 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M90-286 Minutes Regular Council Meeting November 6, 1990 Page 5 Motion approving supply agreements with the following companies for water meter repair parts, in accordance with Bid Invitation No. BI -0406-90, for a total of $26,000 based on only bids. The terms of the contracts 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. These items will be used by the Water Department and funds have been budgeted in FY 90-91. Sensus Technologies, Inc. Rockwell Meter Parts Uniontown PA $17,000 Kent Meters Kent Meter Parts Ocala, FL $1,000 Grand Total: $26,000 Schlumberger, Inc. Neptune Meter Parts Dallas, TX $7,000 Badger Meter, Inc. Badger Meter Parts Milwaukee, WIS $1,000 The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 2. M90-287 Motion approving a supply agreement for Ortho Products in accordance with Bid Invitation No. BI -0359-90 with Ortho Pharmaceutical Corp., Raritan, New Jersey, based on sole source for an estimated annual expenditure of $18,441.72. The term of the agreement 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 items will be used by the Health Department. Funds have been budgeted for FY 90-91. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 5. M90-290 Motion authorizing Change Order No. 2 in the amount of $18,000 to the contract with Garrett Construction Co. in connection with the Lawrence Street T -Head Finger Pier Replacement Project to remove piers and pilings in the South Basin off the Lawrence Street T -Head stem. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 6. M90-291 Minutes Regular Council Meeting November 6, 1990 Page 6 Motion authorizing the City Manager to execute two agreements with Central Power and Light Company to relocate electrical distribution equipment from overhead lines to underground cables at a cost not to exceed $13,000, and to install 32 street lights at a total cost not to exceed $56,260, in connection with the Surfside/Timon Boulevard Improvements Project. The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 7. ORDINANCE NO. 21013 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Ayers Street, from Norton Street to Baldwin Boulevard; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye? 8. ORDINANCE NO. 21014 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Ayers Street, from Norton Street to Baldwin Boulevard; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON DECEMBER 4, 1990, IN THE COUNCIL CHAMBERS, CITY HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 9. ORDINANCE NO. 21015 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH AL HOGAN BUILDER, INC. FOR THE RIGHT TO INSTALL AND MAINTAIN 250 LINEAR FEET OF FENCE WITHIN THE PUBLIC RIGHT-OF- WAY IN WINDSONG SUBDIVISION UNIT II. The foregoing ordinance passed on third reading by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye? * * * * * * * * * * * * * Minutes Regular Council Meeting November 6, 1990 Page 7 In response to a question from Council Member McComb on Item 3, supply agreements for medical supplies, City Manager Garza responded that the City still purchases emergency medical supplies through the hospital district, clarifying that this contract is not for emergency medical supplies. On Item 4, collection of admission fee to Corpus Christi Greyhound Associates Race Track, Mayor Pro Tem Martin inquired how much revenue this would provide the City, and City Manager Garza estimated that it would be about $40,000 to $50,000. A discussion followed as to the use of these revenues by the City. Council Member Moss raised questions on Items 5 and 7 which the Council previously approved. On Item 5, Lawrence Street T -Head Finger Pier Replacements, Council Member Moss inquired how much the contractor bid on his original bid, and City Manager Garza responded that $26,000 was the original bid. On Item 7, Ayers Street Improvements, Mr. Moss inquired when the project will be completed, and Carl Crull, Director of Engineering Services replied in approximately eleven months. Mayor Turner clarified a question raised by Mr. Ron Hudson, 3556 Austin, in regard to collecting a 15 cents admission fee to the Corpus Christi Greyhound Associates Race Track. City Secretary Chapa polled the Council for their votes and the following motions were passed: 3. M90-288 Motion approving supply agreements for medical supplies in accordance with Bid Invitation No. BI -0397-90 with the following companies for the following amounts based on low bid, best bid, and low bid meeting specifications for an estimated annual expenditure of $16,182.12. The terms 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 items will be used by the Health Department. Funds have been budgeted for FY 90-91. General Medical San Antonio, TX $1,447.40 Dynasty Medical Products Rockwall, TX $1,554.50 Grand Total: $16,182.12 United Medical Corpus Christi, TX $11,148.97 Texas Drug Reps San Antonio, TX $2,031.25 Minutes Regular Council Meeting November 6, 1990 Page 8 The foregoing motion passed by the following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye." 4. M90-289 Motion requesting the Nueces County Commissioners Court to collect a .15 cents admission fee to the Corpus Christi Greyhound Associates Race Track for distribution to the incorporated cities and towns in Nueces County. The foregoing motion passed by the following vote: Martin, Galindo, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner and Guerrero abstaining. s s s s s t x s x• x• s Mayor Turner called for consideration of Items 10 thru 17. In regard to Item 16, reconsideration of the ordinance amending the zoning ordinance upon application by Curtis S. Hills to change the zoning map in reference to the northeast 80 feet of Lot 32, Block 1, Lexington Subdivision, from "R -1B" One -family Dwelling District to "B-4" General Business District, Mr. Prescott, one of the applicants, stated that they had originally requested 120 feet but only 80 feet was approved. He stated that at the public hearing on October 16, 1990, he was unable to present his case and that is what he would like to do today. Mr. Prescott provided background information; he related the purpose of his request; and he commented about plans for the utilization of the property. Discussion ensued and Council Member Rhodes expressed concern about the residential neighborhood. Michael Gunning, a City planner, presented slides of the area and described the the adjacent zoning and land use. A conversation followed dealing with protecting the neighborhood on Johanna Street. Mayor Pro Tem Martin pointed out that this is a local business attempting to expand and he would rather grant him the entire 120 feet and have him agree to maintain some type of a vest pocket neighborhood park on the two lots with landscaping and no curb cut access. Council Member Rhodes suggested that the applicant meet with staff to discuss conditions for a special permit. A motion was made by Mayor Pro Tem Martin instructing staff to bring back an ordinance granting "B-4" zoning on the northeast 80 feet of Lot 32, Block 1, Lexington Subdivision, and meet with the applicant to work out a special permit with certain conditions Minutes Regular Council Meeting November 6, 1990 Page 9 for the northeast 40 feet. The motion was seconded by Council Member Rhodes and passed unanimously; Guerrero absent at the time the vote was taken; Schwing absent. (M90-295) In regard to Item 10, approving the purchase of one pumper fire truck, Council Member Moss inquired about the salvage value of the item being replaced, and City Manager Garza responded that the item is being relocated to reserve, and the estimated salvage value is approximately $5,000 to $8,000. A short discussion followed in regard to replacement items. Council Member Rhodes expressed concern about the change in the procedures concerning the agenda. She expressed the opinion that it is very confusing to skip around the items and that they should follow in order. On Item No. 15, Naval Air Station Hospital, Council Member Hunt made statements pertaining to the resolution in support of the continuation of the hospital at Naval Air Station. He suggested additional wording in Section 6 of the resolution in regard to the Corpus Christi Caller -Times. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M90-292 Motion approving the purchase of one pumper fire truck from A.R.T. Tex Apparatus, Humble, Texas, for $146,000; and one hydraulic rescue system from Casco Industries, Channelview, Texas for $7,000 in accordance with Bid Invitation No. BI -0013-91 based on low bid. These items are included in the Fire Departments 1990-91 Capital Outlay Budget. The foregoing motion passed by the following vote: Turner, Galindo, Hunt, McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero and Schwing absent at the time the vote was taken. 14. M90-294 Motion authorizing the City Manager to execute agreements for Laboratory Testing Services with SmithKline Beecham Chemical Laboratories, Inc. of Dallas, Texas as the sole source provider, for a one-year period with the option to renew each agreement for two successive one-year terms. The annual estimated cost for screening services, based on present utilization, is $35,826. The foregoing motion passed by the following vote: Turner, Galindo, Hunt, McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero and Schwing absent at the time the vote was taken. 15. RESOLUTION NO. 21016 Minutes Regular Council Meeting November 6, 1990 Page 10 IN SUPPORT OF THE CONTINUATION OF THE HOSPITAL AT NAVAL AIR STATION CORPUS CHRISTI, TEXAS. The foregoing resolution passed by the following vote: Turner, Galindo, Hunt, McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the assessment hearing on the improvements to Surfside/Timon Street Improvements Project indicating assessments of $76,682.31 on 15 items. Carl Crull, Director of Engineering Services, presented a general overview of the Timon/Surfside Boulevards and Burleson Street improvements. He reported that Haas Paving Company submitted the low bid; the base bid price is $862,826.00; preliminary assessments total $76,682.31; and the City's portion would be $786,143.69. Mr. Crull stated that the project will have 120 days until completion. Mr. George Paraskevas, an appraiser, attested that it is his professional opinion that the properties being assessed in this street improvement project will be enhanced in value to at least the amount of the improvement. No one from the audience participated in the public hearing. A motion was made by Council Member McComb to close the public hearing; seconded by Council Member Galindo and passed unanimously by those present and voting. It was pointed out that no action is required by the Council today. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 19. Case No. 990-3, All Saints' Episcopal Church. For a change of zoning from "R -1B" One -family Dwelling District and "R -1B" with a "SP" Special Permit to "B-4" General Business District on Lots 11 through 15 and the southwest 10 feet of Lot 10, Block 42, Lindale Subdivision, located at the east corner of South Staples and McClendon Streets. Mayor Turner stated that both the Planning Commission and Planning Staff recommend denial of the "B-4" General Business District, and in lieu thereof, recommend approval of a Special Permit for a day nursery and four (4) freestanding signs in accordance with the approved site plan and sign elevation plan subject to four (4) conditions. Mayor Turner inquired if the zoning was acceptable to the applicant, and he replied in the affirmative. Minutes Regular Council Meeting November 6, 1990 Page 11 No one expressed opposition to the zoning application. A motion was made by Council Member Galindo to close the public hearing; seconded by Council Member McComb and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 21017 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ALL SAINTS' EPISCOPAL CHURCH BY GRANTING A SPECIAL COUNCIL PERMIT FOR A DAY NURSERY AND FOUR FREE STANDING SIGNS ON LOTS 11 THROUGH 15 AND THE SOUTHWEST 10 FEET OF LOT 10, BLOCK 42, LINDALE SUBDIVISION, LOCATED AT THE EAST CORNER OF SOUTH STAPLES STREET AND McCLENDON STREET; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Galindo, McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero, Hunt and Schwing absent at the time the vote was taken. Mayor Turner opened the public hearing on the following zoning application: 20. Case No. 990-4, 5333 Everhart, Inc.: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 31, Block 6, Stonegate North Unit 3, located at the north corner of Everhart Road and Curtis Clark Drive. Mayor Turner stated that both the Planning Commission and Planning staff recommend denial of this application. An associate of the applicant requested that the zoning application be tabled for about two weeks so that the applicant would be able to participate in the hearing. A motion was made by Council Member Rhodes to continue the public hearing for approximately two weeks. The motion was seconded by Council Member Moss and passed unanimously by those present and voting. Mayor Turner opened the public hearing on the following zoning application: Minutes Regular Council Meeting November 6, 1990 Page 12 21. Case No. C1090-1 City of Corpus Christi: For a change of zoning from "I-2" Light Industrial District to "B-5" Primary Business District on Lots 7 through 12, Block 69 and remaining portion of Lots 10 through 12, Block 78, Beach Addition, located on the east side of North Broadway Street, between Brewster and Resaca Streets. Mayor Turner stated that both the Planning Conunission and Planning Staff recommend approval of the zoning application. No one in the audience expressed opposition to the zoning application. Council Member Moss moved to close the public hearing; seconded by Council Member Rhodes and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 21018 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 7 THROUGH 12, BLOCK 69, AND REMAINING PORTION OF LOTS 10 THROUGH 12, BLOCK 78, BEACH ADDITION, LOCATED ON THE EAST SIDE OF NORTH BROADWAY STREET, BETWEEN BREWSTER AND RESACA STREETS, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Martin, Hunt, McComb, Moss and Rhodes voting, "Aye"; Galindo, Guerrero and Schwing absent at the time the vote was taken. Mayor Turner declared a three-minute recess. Mayor Turner reconvened the Council Meeting and called for consideration of possible City Charter Amendments which would be submitted to the voters in an election on January 19, 1991. She requested that the public make their recommendations first, followed by the Council. Mayor Turner noted that two items which will be on the January ballot by citizens' petitions are the utility rate cap of six percent and the human life amendment. Mr. James Wagner, 3301 Casa de Amigos, the local NAACP President, spoke in support of single -member districts, stating that the current system does not elect blacks. Mr. Minutes Regular Council Meeting November 6, 1990 Page 13 Wagner informed the Council that the black community will put forth a qualified well - funded candidate in the April election. Mr. Jose Garza, Director of Political Access for the Mexican American Legal Defense and Education Fund, stated that MALDEF would oppose the proposal that the positions on the Council be staggered. He intimated that MALDEF would also be opposed to the proposal that the terms of office of the City Council be limited. Mr. Garza encouraged the Council to eliminate the at -large election system and he expressed support of a single -member district system. Mr. Garza noted that in April the Census will release the 1990 Census and the City will be under obligation to redraw its current single -member districts, following which the City must then submit the entire election system for Department of Justice Review. He alleged that if Corpus Christi does have a problem maintaining its three at -large positions, the City will have difficulty securing pre -clearance from the Department of Justice for this election plan. In summation, Mr. Garza implied that MALDEF would consider taking the City to court to force redistricting. Following a conversation, Mr. Garza responded to specific questions posed by the Council. He stated that this is not an issue of whether Black, Hispanic or Anglo candidates can sit on the Council, it is an issue of whether the Black, Hispanic or Anglo community has an opportunity to select candidates to sit on the Council. He stated that their experience has shown that when the election system is made fair and the community feels a part of it, the ethnicity and race of the candidates begins to diminish. In regard to redistricting, Mayor Turner expressed the opinion that this issue deserves serious debate. She stated that the City needs the Census data, and it would be irresponsible to redistrict without taking more time to plan. Mr. Danny Noyola, 4410, Acushnet, and Mr. Jesse Hix, 2622 Segrest, spoke in support of single -member districting. Mr. Fred Heldenfels, 5429 Chevy Chase, representing the Chamber of Commerce, and Mr. Joe Wilson, 6017 Idylwood, Chairman of the Chamber's Task Force that studied the City Charter, submitted the following three recommendations: initiative and referendum; annexation by ordinance; and City lease limitation. Mr. J. E. O'Brien, 4130 Pompono, commented about a City currently involved in a lawsuit in regard to being able to amend the City Charter every two years. Mr. O'Brien expressed opposition to the three proposals recommended by the Chamber of Commerce. Mr. Harry H. Miller, spoke about the lack of black Council Members and expressed support of the single -member districts. Mr. Steve Morales, 1321 South Port, spoke in support of single -member districting. He proposed staggered terms with 2 four-year terms. Minutes Regular Council Meeting November 6, 1990 Page 14 Mr. Moses Garret, Jr., 2409 Summers, spoke in favor of single -member districts, stating that the blacks need representation. Mr. Philip Rosenstein, 949 Bobalo, spoke in opposition to recommendations submitted by Michael Speed, a member of the Coalition for Good Government, in regard to an amendment providing for Council Meetings to be held once each month and the I discrimination on tax exemptions. The following individuals also expressed support of single -member districting: Mr. Ricardo Gonzalez, 6130 Boca Raton, a former Council Member; Mr. Robert J. Reyna, 1821 Roslyn; Mr. Sam Granato, 3802 Caravelle; Mr. Benny Benavides; Mr. Alex Gonzalez, 1037 Monette; and Mr. David Royal, 2801 North Shoreline, who presented a prepared statement in favor of single -member districting. Mr. Ron Hudson, 3556 Austin, read a prepared statement in regard to the right to life preamble. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Moss and passed unanimously by those present and voting. Mr. Guerrero moved that the proposed amendments and the ones recommended by the public should be documented by staff and submitted to the Council for their review, and that they should be prepared to vote on them next Tuesday. The motion died for lack of a second. City Secretary Chapa stressed that he would like to have the ordinance prepared for the Council's vote by next Tuesday. Council Member Rhodes questioned establishment of a specific number of single - member districts because it would be impossible to determine the number that should be established prior to distribution of the census figures in April, 1991. City Secretary Chapa explained that an ordinance will be prepared with the issues that the Council approves for inclusion on the ballot, and the vote will be taken at the meeting on November 13. A motion was made by Council Member Guerrero that the staff prepare the wording on all of the items approved so that the Council may vote on them next week. The motion was seconded by Council Member Moss. Mayor Pro Tem Martin interjected that the Council should really decide during this meeting so that the ordinance can be prepared for the following week to enable the City Secretary to prepare the submission to the Justice Department in a timely fashion. Following a short discussion, the Council agreed to vote on the items at that time. Minutes Regular Council Meeting November 6, 1990 Page 15 A motion was made by Council Member Guerrero that Article II, Sec. 1. be amended to establish eight single -member districts with the Mayor to be elected at large. The motion was seconded by Council Member Galindo and failed to pass by the following vote: Galindo, Guerrero, and Schwing voting "Aye"; Turner, Martin, McComb, Moss and Rhodes voting "No"; Hunt absent at the time the vote was taken. A motion was made by Council Member Guerrero that the same section be amended to establish ten single -member districts with the Mayor to be elected at large. The motion failed due to the lack of a second. A motion was made by Council Member Guerrero that the same section be amended to establish twelve single -member districts with the Mayor to be elected at large. There was no second to the motion, and Mayor Turner declared that it also failed. Council Member Guerrero then made a motion to include an amendment on the ballot to elect all Council Members from single -member districts, with the Mayor elected at large, and the number of districts to be determined after April, 1991, when the updated census figures are available. The motion was seconded by Council Member Galindo and failed to pass by the following vote: Galindo, Guerrero, Rhodes, and Schwing voting "Aye"; Turner, Martin, McComb, and Moss voting "No"; Hunt, absent at the time the vote was taken. Mayor Pro Tem Martin recommended that an alternative item be included on the ballot pertaining to the limitation on utility rates and made a motion that the following amendment be placed on the ballot: "The rate for each utility service operated by the City shall not be increased in any fiscal year by more than six (6%) percent over the rate charged the preceding year except for debt service, increases mandated by another government entity, and pass through costs. Provided, however, in the event of an emergency declared by the Council with all members voting "aye" on the increase, then a higher rate may be adopted on a temporary basis for the next fiscal year. Effective on voter approval." The motion was seconded by Council Member Moss. Council Member Rhodes inquired about the consequences if both amendments pertaining to the limitation on utility rate increases pass. City Attorney George explained that the voters who want the maximum limitation would probably vote for the amendment presented by the petitioners, but he stated that he would feel more secure if language were included that if the amendment proposed by Council Member Martin passes, it would prevail. Mayor Pro Tem Martin stated that he had a legal opinion from City Attorney George that his amendment would prevail. After a brief discussion, Mayor Pro Tem Martin stated that he preferred to have the wording on the amendment the way it was in the memo. The Council agreed that the determination of which would prevail could be resolved at next week's meeting after a staff report on this matter. Minutes Regular Council Meeting November 6, 1990 Page 16 Mayor Turner called for the vote on the motion and it passed as follows: Turner, Martin, Guerrero, McComb, Moss and Schwing voting "Aye"; Galindo and Rhodes voting "No"; Hunt absent at the time the vote was taken. A motion was made by Council Member Schwing to place on the ballot the question, "Are you in favor or against Packery Channel?" The motion was seconded by Mayor Pro Tem Martin, and passed by the following vote: Turner, Martin, Galindo, Guerrero, McComb, Moss and Schwing voting "Aye"; Rhodes voting "No"; Hunt absent at the time the vote was taken. Council Member McComb referred to the annexation by ordinance provision and suggested increasing the number of signatures required to call for a referendum from 500 to at least 5 percent of the registered voters. A brief discussion followed on this issue. Council Member McComb then reminded the Council that the Charter Revision Committee that had been appointed did not submit any recommended amendments and the amendments now being considered have not been carefully studied. He suggested that rather than rush to put items on the ballot, that the Council study more carefully some of the suggested amendments. City Secretary Chapa informed the Council that he had been contacted by representatives of Corpus Christi Independent School District who have requested that they be allowed to join the City in the election. He stated that the issue, or issues, they will have on the ballot concern the homestead exemption for the handicapped and those over 65 years of age. Council Member Moss pointed out that some of these amendments proposed should be considered by a good Charter Revision Commission, similar to the one that had worked on the revisions that were adopted in 1987. Mayor Turner called for petitions or comments from the audience on matters not listed on the agenda. Mr. Wayne Grotjan, 13553 Port Royal Court, referred to a letter he had previously sent to the Council requesting an investigation of building regulations on Padre Island and referred to a letter placed in the Council's packets and stated that he did not send that letter, that it was a forgery, and he has informed the postal authorities. The Council inquired if the City Manager had responded to his concerns, and Mr. Grotjan stated that he had and the matter had been resolved. Council Member Moss requested that an item be placed on the agenda the following week on the Mercer report, and Council Member Galindo suggested that it be delayed one additional week since the Council must resolve the election issues. Minutes Regular Council Meeting November 6, 1990 Page 17 Mr. Ron Hudson, 3556 Austin, referred to the Parkdale Library and again objected to the fact that there is still some question about the ownership of a strip of land through the parking lot. Mr. Paul S. Vera, Sr., 3318 Casa de Amigos Street, described an incident that occurred at the Airport when a security officer almost shot another employee; the officer was discharged; and the Civil Service Commission reinstated him to his position. Mr. Vera expressed concern that this officer was still employed at the Airport because of the safety of other employees. City Manager Garza assured the Council that he is aware of the incident and he will have a closed session the following week to provide a status report on the matter. Mayor Pro Tem Martin pointed out that the City Council makes the appointments to the boards and committees, and they need to be aware of what some of their boards are doing. There being no further business to come before the Council, Mayor Turner adjourned the meeting at 6:52 p.m. on November 6, 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 November 6, 1990 which were approved by the City Council on November 13, 1990. WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991. Betty Turn&r Mayor lel dtie Armando Chapa City Secretary