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HomeMy WebLinkAboutMinutes City Council - 01/29/1991PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: rp7ar Galindo Leo Guerrero * Tom Hunt Ed Martin Clif Moss Frank Schwing Absent Joe McComb CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 29, 1991 2 p.m. City Manager Juan Garza Interim City Attorney James Bray City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Wellington A. Johnson of St. John Baptist Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. Mayor Turner informed the Council that Council Member McComb is in Austin, at the request of Senator Carlos Tinian, to support legislation that will allay the use of RTA funds for emergency medical service. She moved that Mr. McComb be excused frau the Council Meeting. The motion was seconded by Council Member Moss and passed unanimously by those present and voting. City Scc-retary 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 January 22, 1991, and Mayor Pro Tem Rhodes pointed out a correction on Page 2. There being no further corrections or additions to the Minutes, Mayor Turner proclaimed them approved as amended. * Council Member Guerrero arrived at the mooting at 2:05 p.m. MICROFILMED Minutes Regular council Meeting January 29, 1991 Page 2 Responding to a question from Council Member Moss, City Manager Garza advised the Council that the following presentation is being given at the request of five members of the Council and is a report which will have significant impact on the City's budget. Mr. Garza recommended that the Council hear presentations frau other firms that could provide the same service. Mr. Bill Whittle, 2921 Ocean Drive, a representative of Corpus Christi Waste Company, led a presentation concerning a proposal for a management and operating agreement by which Corpus Christi Waste Company and Sanifill, a Houston-based landfill management firm, would take over management of the Elliott Landfill. He elaborated on the terms of the contract and recommended that the Council take action by February 5th. Mr. Paul Davis, Vice President of Governmental Affairs, Sanifill, provided a slide presentation and discussed the details of the proposal regarding the management and operating agreement for the Elliott Landfill. Responding to a question from Mayor Turner, City Manager Garza recommended that the Council go out for competitive bids. Staff members, along with Mr. Davis, responded to specific questions raised by the Council. Council Member Guerrero made a motion, seconded by Mayor Turner that the staff negotiate with Sanifill for privatization of the landfill and return to the Council with a recommendation if an agreement is reached. Council Member Schwing added to the motion that this be done within the next thirty days. Council Member Martin requested that Mr. Garza check into the issue of the City's disposal fees for homeowners and other individuals who dump garbage. Rcsponding to a question from Mr. Martin, City Manager Garza stated that he did not like the idea of losing control of the landfill but felt obligated to consider the proposal because of the cost savings. He stated that he would want to arrange a relationship which would guarantee that the City spends less money on its landfills and guarantees that the staff retains its expertise. After extensive deliberation and discavtsion by the Council dealing with the privatization of the City's landfill, that other interested companies be offered a chance to submit proposals, and that the City submit a competitive proposal, Council Member Guerrero amended his motion to direct staff to negotiate with Sanifill and other interested companies within the next thirty days for privatization of the operation of the Elliott Landfill and return to Council if there is concurrence for a contract that would be in the best interest of the City. The motion was seconded by Mayor Turner. Mr. Jimmy Tills, 1265 Southern Minerals Road, expressed concern about the existing employees at the landfill, and Mr. Garza assured him that the employees would be taken care of, and Mr. Davis stated that if the City negotiated a contract with Sanifill, he would offer the existing employees employment. Minutes Regular Council Meeting January 29, 1991 Page 3 The motion passed unanimously; McComb absent. ************* Mayor Turner called for the City Manager's report regarding the Teen Court of Corpus Christi. Council Member Martin made the following motion: 1. M91-025 Motion authorizing the City Manager or his designee to enter into an agreement with Corpus Christi Teen Court, Inc., for the term of one year and allocating $20,000 to the Teen Court program. The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Martin and Moss voting, "Aye"; Hunt and Schwing absent at the time the vote was taken; McComb absent. * * * * * * * * * * * * * The Council took a short rugs * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for the discussion of public utility rates, rate Ordinance No. 21001, opinion of outside legal counsel concerning whether Ordinance No. 21001 is subject to referendum, and related matters. City Manager Garza began the prc-oentation by reading a prepared statement in regard to the justification of the utility rate inaraases which were approved last year and he addressed four key areas — rates, financing, projects, and options. Mr. Garza reviewed the following flip charts: 1. Reconciliation of Utility System - Net Available for Debt Service - Annual Financial Statement to Official Statement as of July 31, 1990 for the Water EUnd, Gas Fund, Wastewater Fund, and Utility System and 2. a Financial Analysis of Canbined utilities. Deputy City Manager Jesus Garza continued the presentation with the usn of flip charts and discussed the capital invrovement projects in regard to the Water Division Revenue Bond Requirements and the Wastewater Division Revenue Bond Requirements. In summation, City Manager Garza stated that to adopt the proposal presented by the Taxpayers Association would not be responsible and that the scenario presented under their terms paints a grim financial picture of the utilities of the future. He emphasized that the six -percent rate cap limitation would have an impact. Mr. Garza stressed that the decisions which the Council Minutes Regular Council Meeting January 29, 1991 Page 4 made last October regarding the utility rates reflect sound, prudent management of the City's utilities, and he urged the Council to stand by their decisions. Disr„csi.on ensued and a question and answer period followed with the City Manager and Deputy City Manager responding to specific questions raised by the Council. Council Member Hunt stated that the issue is the petition which was submitted by citizens for a referendum election to repeal the utility rate ordinance. He then made a motion that the City hold a referendum election on the petition to repeal Ordinance 21001. He stated that the City Manager will have sixty days to brief the public of the City's financial situation. The motion was seconded by Mayor Pro Tem Rhodes. Mr. Barney L. Knight, an attorney with the firm of Bickerstaff, Heath and Smiley, expressed a legal opinion that the referendum process is not an appropriate means for establishing utility rates, stating that if Ordinance 21001 is repealed by referendum election, the election result will be unenforceable and invalid. He stated that in the event of that repeal, it will be necessary to test that result in a court action. He stated that the proposed referendum is a serious and complex issue with potentially significant adverse consequences for the City and from a legal perspective, if the rates are permitted to became subject to referendum by practice in local custom, such will likely constitute an impairment of contracts and have potentially significant adverse impacts on future City financings. Mr. Knight then read a prepared statement in which he reviewed and assessed the various options which the City would have available if it refused to schedule the referendum or if it conducted the election. He cited various legal cases dealing with this same area. Mr. Knight stated that the City's strongest position would be to hold the election and if the repeal of the ordinance passes, refuse to implement it and force the petitioners to seek court relief. He discussed the cost to the citizens if it were taken to court. A broad discussion followed and Mr. Knight responded to specific questions raised by the Council. The motion made by Council Member Hunt passed by the following vote: Turner, Rhodes, Galindo, Hunt, Martin and Schwing voting, "Aye"; Guerrero and Moss voting, "No"; McComb absent. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3 thru 6. There were no comments from the audience on the items. City Sseretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting January 29, 1991 Page 5 3. M91-026 Motion approving the purchase of three trailer -mounted brush chippers in accordance with Bid Invitation Number BI -0063-91 from L & J Sales, Palestine, Teas, for the total amount of $40,800 based on low bid. They are to be used by the Solid Waste Department and are budgeted in the 1990-91 Capital Outlay. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb absent. 4. M91-027 Motion awarding a contract in the amount of $44,336.25 to V. C. Huff, Inc. for the construction of traffic signal improvements on Ocean Drive between D:dridge Street and Airline Road. The foregoing nation passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb absent. 5. RESOLUTION NO. 021071 SUPPOKPING THE EFFORTS OF THE MEN AND W.t4EN SERVING IN THE UNITED STATES ARMED FORCES IN THE MIDDLE EAST AND AROUND THE WORLD. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwi.ng voting, "Aye"; McComb absent. 6. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH PATRICIA JANE STUBBS CONCERNING THE IrHEAD BAIT STAND; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb absent. * * * * * * * * * * * * * Mayor Turner called for the discussion on the consideration and possible actions regarding street and public utility improvements necessitated by the transition of Corpus Christi State University to a four-year university. Dr. Robert Furgason, President of Corpus Christi State University, spoke in support of the resolution which would not require a bond issue at this time but expresses support for the improvements which will be necessary as CCSU grows. He stated that it would be a positive sign from the Council that the partnership Minutes Regular Council Meeting January 29, 1991 Page 6 between CCSU, the City and the State is flourishing. He stated that he has checked with the delegates to the legislature and they believe that the resolution would be a very strong sign of support. Responding to a question from Mayor Turner, City Manager Garza stated that the resolution is not binding by future Councils but a statement of intent by the Council would be honored. Mt. Alex Harris, a reprccentative of 4UCC, urged the Council to adopt the resolution unanimously. Mr. Jack Solka advised the Council that if they desired to see the plans of CCSU, the presentation could be scheduled for another time. Mt. Jeger Hix, 2622 Segrest, spoke in support of the resolution. City Secretary Chapa polled the Council for their votes and the following was passed: 7. ORDINANCE NO. 021072 EXPRESSING THE COMMTIMENT OF THE CITY CUUNC 1L, THAT THE CITY OF CORPUS CHRIST'S WILL TIMELY CONSTRUCT PUBLIC STREET AND UTILITY SYSTEM IMPROVEMENTS NEEDED TO SUPPORT THE TRANSITION OF CORPUS CHRISI'1 STATE UNIVERSITY TO FOUR YEAR STATUS, AND URGING THE TEXAS iFnISLATURE TO APPROPRIATE FUNDS FOR BUILDINGS AND OUi R IMPROVEMENTS NEEDED ON CAMPUS FOR THE TRANSITION. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 8 ordinance ordering a General Election. City Secretary Chapa advised that the Council previously passed a motion that amends the ordinance to include the issue of repealing Ordinance 21001 on utility rates Interim City Attorney Bray expressed the opinion that the agenda posting is not broad enough to cover the amendment to the ordinance and suggested that the ordinance be brought back next week. Mt. Chapa informed the Council that they have in the pact amended ordinances by motion on the floor. He stated that if they wait one week, the submission to the Justice Department will not meet the sixty-day deadline. Council Member Guerrero moved to amend the ordinance to include the issue of repealing Ordinance 21001. The motion was seconded by Council Member Moss Minutes Regular Council Meeting January 29, 1991 Page 7 and passed unanimously; Hunt absent at the time the vote was taken; McComb absent. City Secretary Chapa polled the Council for their votes and the following ordinance passed as amended. 8. ORDINANCE NO. 021073 ORDERING A GENERAL ELECTION ID BE HELD ON APRIL 6, 1991, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS; PROVIDING FOR A REFERENDUM ON UTILITY RATES FOR WATER, GAS AND WASTEWATER; PROVIDING PROCEDURES FOR HOLDING OF SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTI0N AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH ABSENTEE POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; ENACTING PROVISIONS INCIDENT AND RELATING ID THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Turner, Rhodes, Galindo, Guerrero, Martin, Moss and Schwing voting, "Aye"; Hunt absent at the time the vote was taken; McComb Absent. * * * * * * * * * Mayor Turner called for the discussion on Item 9 in regard to businesses under the Kennedy Causeway. City Manager Garza made comments in regard to the Kennedy Causeway Advisory Meeting which was held on January 28 and stated that it was a very successful meeting. He stated that Spencer Reid of the Texas General land Office was at the meeting to talk to the existing 1Pae holders of businPe.ses under the Kennedy Causeway. Mr. Ray Trainer, 1326 East Haven Road, owner of Trainer's Marina, presented a letter to the Council which he had written to Representative Tbdd Hunter. He expressed the opinion that the meeting was not satisfactory and commented about the new 1Paso notes, stating that they are outrageous. Mr. Trainer stated that he would like the Council to express their support in some manner. Council Member Hunt expressed concern and recomended that the Council show their support in some way. Mayor Turner stated that she would like to hear from Garry Mauro of the General Land Office about their intentions. Discussion followed and City Manager Garza stated that the City does not have any legal rights at all in this situation. Minutes Regular Council Meeting January 29, 1991 Page 8 Ms. Doris Barton, owner of a bait and tackle business, stated that there is a party who wants to buy her business but she would like to keep it if she could afford the payments. She asked for Council support. Ms. Marie Spear, 9320 South Padre Island Drive, presented a memorandum which was sent to Spencer Reid regarding the Kennedy Causeway Leases. Mrs. Spear informed the Council that Spencer Reid indicated that representatives of the General Lard Office planned to meet individually with the current lessees in an effort to resolve their questions. Mrs. Spear concluded her presentation by suggesting that the Council pass a resolution expressing support of the lessees and urging that the learn rates not be increased too drastically and that compensation for existing improvements be considered by the General Land Office. She also expressed the opinion that fair market value should influence the establishment of lease terms. It was the consensus of the Council that the resolution be on the agenda for the following week. * * * * * * * * * * * * * Mayor Turner called for consideration of the ordinance amending the Code as it pertains to the membership of the Electrical Advisory Board. Council Member Galindo stated that although he preferred that the Board be increased by two members at large, he would agree to add the stipulation that the two existing members at large not be connected with the electrical industry. He then commented on making this ruling retroactive. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading. 10. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARPIrTF III, ELECTRICAL, ICAL, DIVISION 1, LICENSING, SECTION 13-61, TO AMEND THE MEMBERSHIP OF THE ELD2TRICAL ADVISORY BOARD. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Martin, Moss and Schwing voting, "Aye"; Guerrero and Hunt absent at the time the vote was taken; McComb absent. * * * * * * * * * * * * * Mayor Turner opened the assessment hearing for Williams Drive, from South Staples Street to the proposed Corona Drive extension Connection, as part of the Gardendale Area Street Improvements Project, Phase III. Minutes Regular Council Meeting January 29, 1991 Page 9 Interim City Attorney Jimmy Bray called as his first witness, Mr. Carl Ctull. Through questioning of the witness, Mt. Bray established the qualifications of Mr. Crull to testify as an expert witness, ascertaining that he is Director of Engineering Services for the City; he is a registered professional engineer in the State of Texas; and has a degree in Civil Engineering. Mr. Crull decnribed the street improvements to be constructed and stated that four bids were received on the project; the low bidder was Bay, Inc. for a total bid price of $1,007,148.10; the total of the preliminary asenssments is $160,527.23; the City's portion will be $846,620.87; and informed the Council that the assessment rates were calculated in accordance with the City's current assessment policy. City Attorney Bray called as his next witness, Mt. George N. Paraskevas, a licensed realtor and appraiser. In response to Mr. Bray's questions, Mr. Paraskevas testified that he is a qualified appraiser and that he is familiar with real estate values in the City, and specifically in the area of these particular street improvements, and that he has examined each parcel of land included on the assessment roll. Mr. Paraskevas stated that, in his professional opinion, the properties being assessed in this project will be enhanced at least in the amount of the assessment, with the exception of the following properties: Items 8 through 15, 16 through 56, and 58 through 62. He explained that he recommended a 50 percent reduction on those properties becansa the lots abut the Moore Shopping Center property and they would not be enhanced as much as the other properties affected by the improvements. In response to questions posed by Council Members, Mr. Crull stated that this is a voluntary paving project; the petition for the improvements was received in October, 1981; the project was included in the 1986 bond program; and stated that he agreed with part of recommendation of Mr. Paraskevas' but explained that he was of the opinion that the reductions recommended should not include the cost of the driveways. Mayor Turner called for cwimients from the audience. Ms. Cecelia Diaz, 4918 Williams, stated that she had heard rumors that seven feet of some of their property would be removed for the street improvements and asked for an explanation. Mr. Crull responded by stating that some right-of-way had been acquired on Betty Jean Street to provide for a right -turn lane, but that the property referred to by Ms. Diaz would not be affected. Dicbugsion followed in regard to the length of time that had elapsed since the petition was received, and Mt. Crull explained that the public hearing process on the assessments is the time for property owners to express opposition to the project. Minutes Regular Council Meeting January 29, 1991 Page 10 Mayor Pro Tem Rhodes expressed concern about the delay in conducting the public hearing and the fact that a lady in the audience who had to leave would not be able to speak. Mr. Bray pointed out that the hearing would not be formally closed until the presentation of an ordinance within the next two weeks, and the property owner referred to could speak at that time. Interim City Attorney Bray again verified Mr. Crull's qualifications to testify on real estate values, and Mr. crull stated that his recommendation in regard to the properties on which Mr. Paraskevas had recommended a 50 percent reduction was to reduce the assessment for curbs, gutters and sidewalks by 50 percent, but charge the full assessment for the driveways on the north side of Williams Drive. A notion was made by Council Member Galindo to concur with the staff's ration on the reductions; seconded by Council Member Moss; and passed by the following vote: Turner, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting "Aye"; Rhodes voting "No"; McComb, absent. A notion was made by Council Member Moss that the hearing be closed; seconded by Council Member Galindo; and passed unanimously. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the closure and abandonment of a portion of Hunter Road right-of-way frau IH 37 north approximately 650 linear feet toward Up River Road, adjacent to P. V. Alexander Subdivision and D. W. Grant Tract, subject to replatting within 180 days and compliance with specified conditions. Mayor Turner informed the Council that the applicant had withdrawn his request for the closure of this portion of Hunter Road. A motion was made by Council Member Galindo that the hearing be closed; seconded by Council Member Moss; and passed unanimously. 12. Withdrawn EEGS-N6-ANS ABANBeNTNG A PARTIBN-09F HUNTER ROAD -FRAM- ERSTP E HIQiWAi 3� NEATEN -FAR APPR63 3F-656-LINEAR-FEET-TOWARB -BP -RIVER -RtPsB-AB&AeENT P: V. A} 4NBER-saeV3 Si6N ANB -Br W- -GRANT ?-SBB3Eel' -TB-E'ERTM N PROVISIONS. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the closure and abandonment of Huisache Street extending southeast frau Buddy Lawrence Drive to the 1H 37 right-of-way. Minutes Regular Council Meeting January 29, 1991 Page 11 City Engineer Carl Crull explained that the applicant, Govind and Associates, Inc., representing the property owner, Champlin Refining and Chemicals, Inc., has requested the closure and abandonment in order to join both sides of the property to relocate its truck rack facility. He stated that the State Department of Highways and Public Transportation has no objection to the proposed closure, and the Transportation Advisory Committee has approved the closing. Mr. Crull continued by stating that staff recommends the street closure subject to the replatting of the property by the applicant within 180 days and compliance with ten other conditions, including payment to the City of the fair market value of the property which has been appraised at $25,900. Speaking on behalf of the applicant was Dagoberto Vela, who displayed a rendering of the area showing Champlin's plans and the relationship to the street. He explained the traffic pattern of the area and expressed the opinion that it would not adversely affect the residential property auners. Speaking in opposition to the closing was Mr. A. Lopez, 3221 Ebony, who pointed out the location of his property and stated that closing Huisache Street would interfere with the access to and egress from his property. Discussion followed in regard to the possibility of installing a traffic light at Buddy Lawrence, and Mr. Crull assured the Council that staff will study that passibility. Mrs. Caroline Clark, 3233 Ebony, objected to the street closure and the close proximity to her property of the fence that is to be installed. No one else spoke in regard to this closure. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Guerrero; and passed unanimously by those present and voting. Assistant City Secretary Zahn polled the Council for their votes on the ordinance effecting the closure and it passed on first reading as follows: 13. FIRST READING CLOSING AND ABANDONING HUISAC E STREET FROM BUDDY LAWRENCE DRIVE TO THE INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO THE PROVISIONS LIsTEU BELOW. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, Moss and Schwing voting, "Aye"; Guerrero voting, "No"; McComb absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: Minutes Regular Council Meeting January 29, 1991 Page 12 15. Case No. 1290-3E, Mr. David J. Dunn: For an exception to the Standard Screening Fence Requirement, on property located on the west side of Upper South Broadway Street, approximately 160 feet north of Park Avenue. Mayor Turner stated that both the Planning Commission and staff recommend approval of the zoning application. There was no opposition frau the audience on the application. Council Member Guerrero roved to cicxqe the public hearing. The motion was seconded by Council Member Galindo and passed unanimously; Moss absent at the time the vote was called; McCanb absent. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: ORDINANCE N0. 021074 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DAVID J. DUNN BY GRANTING AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE NORTH PROPERTY LINE OF LOT 1, BLACK 2, BERNARD SUBDIVISION, LOCATED ON THE WEST SIDE OF UPPER SOUTH BROADWAY STREET, APPROXIMATELY 160 F'u'n NORTH OF PARK AVENUE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin and Schwing voting, "Aye"; Moss absent at the time the vote was taken; McComb absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 14. Case No. 1290-2, Susie's Convenience Store and Oriental Food: For a change of zoning from "A-1" apartment House District to "B-1" Neighborhood Business District, located on the west side of Waldron Road, approximately 500 feet north of Glenoak Drive. Mayor Turner stated that both the Planning Commission and staff recattend denial of the zoning application. Ms. Phyllis Calone, a representative of the Flour Bluff Independent School District, expressed opposition because of the current traffic generated by the school and because of the safety of the children. Responding to a question from Council Member Martin, Planning Director Harvey stated that notices of the hearing were sent out but no reply was received from the school district. Minutes Regular Council Meeting January 29, 1991 Page 13 Following a short discussion, Mayor Pro Teen Rhodes moved to close the public hearing. The motion was seconded by Council Member Hunt and passed unanimously. Mayor Pro Tem Rhodes moved to concur with the Planning Commission's and staff's recommendation for denial of the application. The notion passed by the following vote: Turner, Rhodes, Guerrero, Hunt, Martin, Moss, Schwing voting, "Aye"; Galindo voting, "No"; McComb absent. * * * * * * * * * * * * * Mayor Turner called for reports frau the Council. Council Member Galindo commented mented about a resolution by the Intergovernmental Commission for Drug and Alcohol Abuse. He made a motion to place on next week's agenda the resolution in regard to the Intergovernmental Commission on Drug and Alcohol Abuse. The motion was seconded by Mayor Pro Tem Rhodes and passed unanimously. Mr. Galindo read a news releasn concerning a Valentine Dollar Weekend which is a cooperative program sponsored by the Aquarium, the Art Museum, and the CC Museum of Science and History to allow citizens to visit all three attractions for $1.00 on February 16 and 17, with the RTA to offer a ten -cent day on February 16 to encourage ridership to and between the facilities. Council Member Schwing referred to a prcrcntation on tire shredding and recycling old tires and inquired about the City's tire shreddar, and City Manager Garza replied that it had been repossessed. He stated that he will provide the Council with details concerning the tire shredder. Mayor Pro Tem Rhodes inquired about the meeting some members of the Council were supposed to have with Javelina refinery, and Council Member Martin informed her that he did try to set up a meeting and discovered that the neighbors have hired counsel to represent them and are negotiating directly with Javelina on some issues. Mrs. Rhodes stated that she is not satisfied that everything is OK in that area and suggested that the City Manager call OSHA and ask them to check into the situation, and City Manager Garza stated that he will do that. He provided an update on the situation in regard to the flares and stated that the area is under 24-hour monitor for sound and heat. Mrs. Rhodes inquired if the City Manager recommended that she not meet with Javelina, and Interim City Attorney Bray stated that she would be able to from a public safety standpoint. Mr. Garza stated that there will be safety training sc;sions for the neighborhood and they will be sent safety procedures. * * * * * * * * * * * * * Mayor Turner called for comments frau the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting January 29, 1991 Page 14 Mr. Jesse Hix, 2622 Segrest, cammented about the clean up on the Westside. City Manager Garza provided an update on the Parkdale library situation, stating that the City will try to acquire same land at a reasonable cost and not pursue the matter of the street right-of-way. Mr. Ron Hudson, 3556 Austin, raised questions in regard to the land at the Parkdale Literary, and Mayor Turner stated that if an answer is found, Mr. Hudson will be provided with the information. Mr. Greg Ledet, 5530 Fox Run, General Manager of Commercial Metals Company, commented in regard to recycling and the presentation concerning the management of the City's landfill. Mayor Turner advised him to meet with City staff if he is interested in making a presentation for management of the City's landfill. There being no further business to came before the Council, Mayor Turner adjourned the Council Meeting at 6:50 p.m. on Tuesday, January 29, 1991. * * * * * * * * * * * * * 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 January 29, 1991 which were approved by the City Council on February 5, 1991. WITNESSETH MY HAND AND SEAL, this the 8th day of March, 1991. Armando Chapa City Secretary gr