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HomeMy WebLinkAboutMinutes City Council - 11/13/1990MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 13, 1990 2 p.m. PRESENT Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Leo Guerrero Tom Hunt Joe McComb Clif Moss Mary Rhodes Frank Schwing Absent Mayor Betty Turner City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Pro Tem Ed Martin called the meeting to order in the Council Chamber of City Hall. He announced that he will be conducting the Council Meeting because Mayor Turner is out of town on City business 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 Council Member Clif Moss. 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 Pro Tem Martin called for approval of the Minutes of the Regular Council Meeting of November 6, 1990, and Council Member Rhodes pointed out a correction on Page 15. Council Member Guerrero moved to approve the Minutes of the Regular Council Meeting of November 6, 1990, as corrected. The motion was seconded by Council Member Galindo and passed unanimously; Turner absent. Mayor Pro Tem Martin referred to the Board and Committee appointments and the following appointment was made by the Council: (M90-296) MICROFILMED Minutes Regular Council Meeting November 13, 1990 Page 2 Port of Corpus Christi Authority Richard Valls - Reappointed * * * * * * * * * * * * * Mayor Pro Tem Martin called for the City Manager's report on Fire Station No. 1. City Manager Garza gave a brief informational report on recommendations resulting from the 1984 Fire Station Location Study. He presented a general overview of the Fire Station No. 1 relocation project, elaborating on the funding. In response to a query from Mayor Pro Tem Martin, Mr. Garza replied that he will provide the Council with the project budget. Chief J. J. Adame displayed the proposed design of Fire Station No. 1. Council Member Moss expressed the opinion that the design of the building is rather unattractive. City Secretary Chapa polled the Council for their votes and the following motion was approved. 1. M90-297 Motion awarding a contract in the amount of $813,026 to CMC Associates, Inc. to construct the new Fire Station No. 1. The foregoing motion was approved by the following vote: Martin, Galindo, Hunt, McComb and Rhodes voting, "Aye"; Guerrero and Moss voting, "No"; Schwing absent at the time the vote was taken; Turner absent. * * * * * * * * * * * * * Mayor Pro Tem Martin recognized a group of third grade students from Incarnate Word Academy who were present in the Council Chambers studying City government. * * * * * * * * * * * * * Mayor Pro Tem Martin called for the Report on the Dinamation Dinosaur Exhibit. Rick Stryker, Director of the Museum, commented on the expansion of the Museum and addressed the Dinamation dinosaur exhibit, elaborating on the funding for the project. He discussed the Dinamation contract which provided for an additional admission fee for Minutes Regular Council Meeting November 13, 1990 Page 3 the Museum, noting that this additional fee provided $187,386 in Museum revenues over and above the estimated budgeted amount. Mr. Stryker continued by stating that the Museum Advisory Committee and the Friends of the Museum requested that $187,386 be remitted to the Friends. He indicated that this will reimburse the Friends for exhibit costs and the remainder of the funds will be placed in the Corpus Christi Museum of Science and History Foundation as an endowment to support the exhibit program. Ms. Alicia Perez, Chairman of the Museum Advisory Committee, and Mr. John Gardner, a representative of the Friends of the Museum, made comments about the Corpus Christi Museum of Science and History Foundation and expressed appreciation to various individuals for their support of the Museum. Council Member McComb suggested that a Certificate of Appreciation be sent to Whataburger, Inc. for their contribution to the Dinamation exhibit. City Secretary Chapa polled the Council for their votes and the following resolutions were passed: 2. RESOLUTION NO. 21019 APPROPRIATING $187,386 FROM THE GENERAL FUNDS UNRESERVED FUND BALANCE AND AUTHORIZING PAYMENT OF THIS AMOUNT TO THE FRIENDS OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY. The foregoing resolution passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner absent. 3. RESOLUTION NO. 21020 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TRANSFER UNOBLIGATED FUNDS IN THE MUSEUM TRUST ACCOUNTS. The foregoing resolution passed by the following vote: Martin, Galindo, Guerrero, Hunt, MComb, Moss, Rhodes and Schwing voting, "Aye"; Turner absent. Mayor Pro Tem Martin called for the report on the Storm Water Drainage Cooperation Agreement. Victor Medina, Director of Public Utilities, provided background information on the Regional Storm Water Management Plan Study. He gave a brief overview of a cooperation Minutes Regular Council Meeting November 13, 1990 Page 4 agreement with Corpus Christi State University to perform services for a Storm Water Management Study and discussed the funding for the project. Mr. Medina responded to various questions raised by the Council and specifically, to concerns expressed by Council Member McComb. Council Member Moss remarked about an exhibit in Seattle which acquaints the public on how they can contribute to preventing storm water from being contaminated, and Mr. Medina stated that he will get that information from Mr. Moss. Following a brief discussion, Mayor Pro Tem Martin requested information pertaining to the Water Quality Act. Mr. Jesse Hix, 2622 Segrest, commented about the underground storm system in New York. City Secretary Chapa polled the Council for their votes and the following motion was passed. 4. M90-298 Motion authorizing the City Manager or his designee to enter into a Storm Water Drainage Cooperation Agreement with Corpus Christi State University (CCSU), and authorizing payment by the City to CCSU for services performed under this Agreement, not to exceed $24,500. The foregoing motion passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner absent. Mayor Pro Tem Martin called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5 thru 9, announcing that the City Manager has withdrawn Item 7. Council Members requested that Items 8 and 9 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 approved: 5. M90-299 Motion approving a supply agreement for approximately 800,000 gallons of HFRS-S (high -float -rapid -set) emulsion oil in accordance with Bid Invitation No. BI -0005-91 Minutes Regular Council Meeting November 13, 1990 Page 5 with Elf Asphalt, Austin, Texas based on the low bid of $576,000 subject to price adjustment. 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 oil will be used by the Street Department in their seal coating program. Funds were budgeted in FY 90-91. The foregoing motion passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye'; Turner absent. 6. M90-300 Motion approving the application by the Central Business District Association and the Corpus Christi Park & Recreation Department to close the following street sections on November 30 - December 1, 1990, in conjunction with the 1990 Harbor Lights Celebration: a. Water Street, between Lawrence Street and Peoples Street. b. Schatzel Street, between West Shoreline Boulevard and Chaparral Street. The foregoing motion passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner absent. 7. WITHDRAWN APPROVING THE REIMBURSEMENT APPLICATION SUBMITTED BY TRI STAR DEVELOPMENT, INC., OWNER AND DEVELOPER OF STONEI IENCE SUBDIVISION UNIT 1, LOT 1, BLOCK 1, FOR THE INSTALLATION OF 810 • . . , •. .• •..a.. k, .. In response to a question from Council Member Moss on Item 8, Easement Closure Request - Block 57, Lot 49 Schanen Estates, Unit 6, City Manager Garza responded that staff determined that the City service the gas line with an eight -foot easement instead of a ten -foot easement, and in the event there is damage to the garage, the City has filed a document which would protect them. Mr. Garza then commented about easement closure requests. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 8. ORDINANCE NO. 21021 Minutes Regular Council Meeting November 13, 1990 Page 6 CLOSING AND ABANDONING A 2 -FOOT WIDE BY APPROXIMATELY 139 - FOOT LONG PORTION OF THE UTILITY EASEMENT EXTENDING FROM GAYLE DRIVE ALONG THE NORTHEAST EASEMENT BOUNDARY IN BLOCK 57, LOT 49, SCHANEN ESTATES UNITY 6 SUBDIVISION; SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye; Turner absent. * * * * * * * * * * * * * Council Member McComb led a discussion on Item 9, Exterior Lighting, and raised questions as to what this ordinance would accomplish. Council Member Schwing suggested additional language which would exclude the requirement of a disconnect on the pole, stating that it would protect the citizen's property. He moved to amend the ordinance and include the following language: "except that such lighting shall not be required to have circuit protection and disconnects other than that required by the National Electrical Safety Code for electric utility company installations." The motion was seconded by Council Member Guerrero. Following a brief conversation, Mayor Pro Tem Martin called for comments from the audience. Mr. Larry Major, 209 Portsmouth, Chairman of the Electrical Advisory Board, spoke in support of the ordinance and presented photographs of lease -lighting installations performed by CP&L. He expressed opposition to the amendment proposed by Council Member Schwing. The following individuals spoke in support of the proposed ordinance and also presented material to the Council: Mr. Bill Stacy, 4330 Wolf Creek Court; Mr. Bill Miller, Bill Miller Associates; an unidentified gentleman; Mr. Danny Diegel, a representative of Scott Electric Company; and Mr. W. Bruce Truax, Chairman of the Southeast Texas Chapter of the National Electrical Contractors Association. The following persons also endorsed the proposed ordinance: Mr. Leon Perez, 904 Buford; Mr. Armando Martinez, 4710 Westwood; and Mr. Mike Sutton, a representative of the Air Conditioning and Plumbing Contractors Association of Corpus Christi. Mr. David Hooper, Area Manager of CP&L, made statements about the Central Power and Light Company in relation to the ordinance. He discussed safety issues, customer issues and City issues in regard to the proposed ordinance. Minutes Regular Council Meeting November 13, 1990 Page 7 A question and answer period ensued and during a broad discussion by the Council, some of the principle concerns discussed were location of the circuit breakers, intention of the National Electric Safety Code, safety issues, and unfair competition. Mayor Pro Tem Martin called attention to the fact that the ordinance does not affect any installations in street right of ways or easements, but affects installations made by CP&L on private property. He professed that CP&L should be subject to inspections and permits the same as every other business resident in the City. Lorenzo Gonzales, City Building Official, addressed the issue of safety and elaborated on the installation of a disconnect. He stated that to exempt the disconnect would help in some instances, but in some cases, it would not. Mr. Gonzales intimated that the disconnect would not be a good recommendation. Council Member Schwing's amendment failed to passed by the following vote: Galindo, McComb, Moss and Schwing voting, "Aye"; Martin, Guerrero, Hunt and Rhodes voting, "No"; Turner absent. Because of concerns expressed by the Council that the Electrical Advisory Board did not have input from one of the parties, Council Member Guerrero made a motion to refer the item back to staff in order for the Board to receive input from the other body. The motion died for lack of a second. City Secretary Chapa polled the Council for their votes and the following ordinance passed on second reading: 9. SECOND READING ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELA IED 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 second reading by the following vote: Martin, Galindo, Hunt, Moss, Rhodes and Schwing voting, "Aye"; Guerrero and McComb voting, "No"; Turner absent. * * * * * * * * * * * * Mayor Pro Tem Martin declared a short recess. * * * * * * * * * * * * * * Minutes Regular Council Meeting November 13, 1990 Page 8 Mayor Pro Tem Martin reconvened the Council Meeting and called for consideration of Item 10. Council Member McComb summarized several issues in regard to the funding of medical transportation services. He remarked about legislation which would authorize medical transportation services to be provided by the RTA and which would dedicate a portion of the RTA funds from their 1/2 cent sales tax to such medical transportation services. Discussion ensued and Council Member Rhodes suggested replacing the wording in the resolution, stating that the RTA needs to meet with the legislature to discuss this issue. She made a motion to amend the resolution by inserting language that the RTA would dedicate up to 1/4 of their revenue from the local sales and use tax. The motion died for lack of a second. Council Member Hunt expressed the opinion that for planning purposes, a definite figure should be specified so that the City and the RTA could anticipate how much to expect. Council Member McComb stressed that the City needs to address various other items such as staffing, manpower, subscription services, and collections, etc. City Secretary Chapa polled the Council for their votes and the following resolution was passed: 10. RESOLUTION NO. 21022 IN SUPPORT OF LEGISLATION PERTAINING TO FUNDING OF MEDICAL TRANSPORTATION SERVICES. The foregoing resolution passed by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Schwing absent at the time the vote was taken; Turner absent. ********* *** Mayor Pro Tem Martin made statements in regard to the Special Election of January 19, 1991. He affirmed that the election will be held jointly with CCISD and 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. Martin related two other items which were added by vote of the Council, one being a question to the public if they are in favor or against Packery Channel and the other item, an alternative rate cap proposal that excepts debt service, increases mandated by the state or federal government, or costs passed through to the City by a supplier. Mr. Martin then called for comments from the public. Minutes Regular Council Meeting November 13, 1990 Page 9 Ms. Mary Lee Phipps, representing the Island Planning Foundation, read a prepared statement in regard to the wording of the referendum regarding Packery Channel to include a provision that no additional City tax will be used for the funding of the project. Mr. Larry Poindexter, 1825 Airline Road, spoke in opposition to the opening of Packery Channel Mr. James Cook, 13765 Eaglesnest, requested the Council to withdraw the Packery Channel ballot item, stating that the vote will give a misleading indication of support or no support. Mr. Trian Serbu, 14310 Playa del Rey, expressed concern about the wording on the Packery Channel item. He suggested other adequate locations for a viable boat pass. Mr. Jesse Hix, 2622 Segrest, commented on the Packery Channel issue, and in regard to the secondary amendment on the six -percent cap, he expressed the opinion that it will circumvent the intent of the first amendment. Mr. David Royal, 2801 North Shoreline, read a prepared statement in support of the single -member district proposal. Mr. David Noyola, 4433 Valdez, spoke in support of single -member districting. Ms. Leah Olivarri, 5656 South Staples, read a prepared statement from Mr. Ralph Durden in regard to the Packery Channel issue which suggested ballot language. Mayor Pro Tem Martin called for recommendations and comments from the Council. Council Member Rhodes moved to amend the ordinance and omit the referendum question on Packery Channel. The motion was seconded by Council Member Hunt. Considerable discussion was devoted to the Packery Channel issue and different viewpoints were discussed. The motion passed by the following vote: Martin, Galindo, Hunt, McComb and Rhodes voting, "Aye'; Guerrero, Moss and Schwing voting, "No"; Turner absent. Council Member Guerrero made a motion that the ordinance be amended to include a non-binding referendum election in regard to Packery Channel which would provide the voters the following three options: 1. no action on Packery Channel; 2. construction with public and private money; and 3. construction with private funds. The motion was seconded by Council Member Moss. Minutes Regular Council Meeting November 13, 1990 Page 9 Ms. Mary Lee Phipps, representing the Island Planning Foundation, read a prepared statement in regard to the wording of the referendum regarding Packery Channel to include a provision that no additional City tax will be used for the funding of the project. Mr. Larry Poindexter, 1825 Airline Road, spoke in opposition to the opening of Packery Channel. Mr. James Cook, 13765 Eaglesnest, requested the Council to withdraw the Packery Channel ballot item, stating that the vote will give a misleading indication of support or no support. Mr. Trian Serbu, 14310 Playa del Rey, expressed concern about the wording on the Packery Channel item. He suggested other adequate locations for a viable boat pass. Mr. Jesse Hix, 2622 Segrest, commented on the Packery Channel issue and in regard to the secondary amendment on the six -percent cap, he expressed the opinion that it will circumvent the intent of the first amendment. Mr. David Royal, 2801 North Shoreline, read a prepared statement in support of the single -member district proposal. Mr. David Noyola, 4433 Valdez, spoke in support of single -member districting. Ms. Leah Olivarri, 5656 South Staples, read a prepared statement from Mr. Ralph Durden in regard to the Packery Channel issue which suggested ballot language. Mayor Pro Tem Martin called for recommendations and comments from the Council. Council Member Rhodes moved to amend the ordinance and omit the referendum question on Packery Channel. The motion was seconded by Council Member Hunt. Considerable discussion was devoted to the Packery Channel issue and different viewpoints were discussed. The motion passed by the following vote: Martin, Galindo, Hunt, McComb and Rhodes voting, "Aye"; Guerrero, Moss and Schwing voting, "No"; Turner absent. Council Member Guerrero made a motion that the ordinance be amended to include a non-binding referendum election in regard to Packery Channel which would provide the voters the following three options: 1. no action on Packery Channel; 2. construction with public and private money; and 3. construction with private funds. The motion was seconded by Council Member Moss. Minutes Regular Council Meeting November 13, 1990 Page 10 Following a brief conversation, reactions to the motion varied and the motion failed to pass by the following vote: Guerrero, Hunt, Moss and Schwing voting, "Aye"; Martin, Galindo, McComb and Rhodes voting, "No"; Turner absent. A motion was made by Council Member McComb to amend Article II, Section 1 of the City Charter, providing for elections on a Saturday in April or the next available uniform election date selected by the City Council at least six months prior to the regular election. The motion was seconded by Council Member Moss. There were no comments from the audience pertaining to the motion. Discussed ensued and the motion passed unanimously; Turner absent. Council Member McComb moved to amend Article VI, Section 1 of the City Charter, clarifying the six-year length of service limitation on citizens appointed to City Boards and Commissions. The motion was seconded by Council Member Rhodes. There were no comments in regard to the motion. The motion passed unanimously; Turner absent. Council Member McComb moved to amend Article X, Section 2 of the City Charter, authorizing City procurement through competitive bids and proposals as authorized by State law. The motion was seconded by Council Member Rhodes. There were no comments from the audience in regard to this motion. The motion passed unanimously; Turner absent. Council Member McComb moved to amend Article VIII, Section 2(b) of the City Charter, conforming the provisions on the issue of City bonds to the requirements set by State law. The motion was seconded by Council Member Rhodes. After a brief conversation, various Council Members expressed apprehension about the number of items on the ballot, and a suggestion was made to submit the items to a Charter Revision Committee. Council Member McComb stressed that the reason he has proposed these amendments is to bring the City Charter in compliance with State law. Mr. J. E. O'Brien, 4130 Pompano, expressed opposition to the amendment pertaining to the sale of bonds and stated that since the City Charter was adopted, State law has not been changed pertaining to this subject. He then presented a letter addressed to the Council which he read aloud in regard to the proposed bond refunding by the City. Minutes Regular Council Meeting November 13, 1990 Page 11 The motion to amend Article VIII passed by the following vote: Galindo, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin and Guerrero voting, "No"; Turner absent. A motion was made by Council Member McComb to amend Article X of the City Charter to add a new Section 16, to assure conformance of the provisions of the City Charter to the requirements of State law. The motion died for lack of a second. Council Member Hunt recommended another charter amendment and moved that an amendment be added to the ballot to state that the City Council shall appoint the City Attorney for the City of Corpus Christi and may remove him or her at will. The motion was seconded by Council Member Guerrero. Discussion ensued and mixed views to the motion were addressed. Mr. David Royal, 2801 N. Shoreline, and Mr. John Bell, 434 Sharon Drive, expressed opposition to the proposed amendment. The motion failed to pass by the following vote: Guerrero, Hunt and Schwing voting, "Aye"; Martin, Galindo, McComb, Moss and Rhodes voting, "No"; Turner absent. Council Member Galindo made a motion to propose a non-binding referendum election asking the voters if they support a total single -member district election system. The motion died for lack of a second. NO IE: There are seven charter provisions to be placed on the ballot. City Secretary Chapa polled the Council for their votes and the following ordinance passed, as amended: 11. ORDINANCE NO. 21023 ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 19, 1991, IN THE CITY OF CORPUS CHRISTI TO CONSIDER AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING THAT THE SPECIAL ELECTION BE HELD JOINTLY WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT SPECIAL ELECTION; PROVIDING PROCEDURES FOR HOLDING OF SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH ABSENTEE POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 13, 1990 Page 12 An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner absent. * * * * * * * * * * * * * Mayor Pro Tem Martin called for liaison and other reports from the Council. Council Member Rhodes commented in regard to a letter about a bid proposal for a City sailboat which she presented to the City Manager. * * * * * * * * * * * * * Mayor Pro Tem Martin called for petitions from the audience on matters not scheduled on the agenda. Mr. Bill Block, 3734 Castle View Circle, made remarks pertaining to the approval of a City permit for the A-1 Flea Market. Mr. J. E. O'Brien, 4130 Pompano, commented in regard to the bond refunding and inquired if the bonds have been sold to a broker within the past two weeks. City Manager Garza responded that the bonds are currently being priced but cannot be sold until the Council authorizes the sale. Mayor Pro Tem Martin suggested that during the Special Council Meeting on Thursday, the City Manager should make a very clear statement about the fact that this matter has been submitted to the Attorney General, and they have provided the opinion that these refunding bonds are legal. Mr. Ron Hudson, 3556 Austin, made statements in regard to the Parkdale Library and offered suggestions in regard to the land adjacent to the library. * ************ The Council went into closed session pursuant to Article 6252-17, Section 2(g), V.A.C.S. to discuss case involving discipline of Airport Security Officer Ernesto Paiz. Mayor Pro Tem Martin reconvened the Council Meeting and there being no further business to come before the Council, he declared the Council Meeting adjourned at 6:30 p.m. on November 13, 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 13, 1990 which were approved by the City Council on November 20, 1990. WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991. Betty Turn Mayor Armando Chapa City Secretary