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HomeMy WebLinkAboutMinutes City Council - 02/05/1991PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tom Hunt Fd Martin *Joe McComb Clif Moss Frank Schwing /Cc' M COUPES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 5, 1991 2 p.m. City Manager Juan Garza Interim City Attorney Jimmy Bray Assistant City Secretary Dorothy Zahn Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Randy Walterman of Faith Temple Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Tom Hunt. Assistant City Secretary Zahn 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 29, 1991, and Council Member Moss pointed out a correction on Page 2. There being no further corrections or additions to the Minutes, Mayor Turner proclaimed them approved as presented. * * * * * * * * * * * * * It was the consensus of the Council to postpone the Board and Committee appointments until the following week. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza updated the Council on the improvements being done on the Bluff Balustrade. MICROFILMED Minutes Regular Council Meeting February 5, 1991 Page 2 Mr. George Dettman, a member of the Downtown Rotary Club, gave a presentation explaining the organization's plans to landscape the area surrounding the Coppini cnilpture and affirmed that they would comply with Park and Recreation landscaping plans. Responding to Council Member Moss question, he assured him that the landscaping would be ready by the time the sculpture is rededicated. He noted that the balustrade area extended further and issued an invitation to other civic organizations to undertake restoring and beautifying additional sections of the balustrade. *Council Member McComb entered the Council Chambers. Mayor Turner expressed gratitude for the Rotary members undertaking this project. Council Member Moss made the following motion: 1. M91-028 Motion accepting a gift provided by the Downtown Rotary Club to landscape a portion of the Broadway Bluff. The motion was seconded by Cezar Galindo and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 2, design and plans for the new Museum of Oriental Cultures. Director of Public Works Tom Utter began the prccntation of the design and plans for the new Museum of Oriental Cultures by providing background information on the development of the Arts and Sciences Bayfront Park area. Mr. David Richter of the firm of Kipp Richter continued the presentation using site plans and a scale model of the new Museum of Oriental Cultures to illustrate the proposed additions to the Bayfront Park area. Mr. David Herin, president of the Board of Trustees, in response to a question 'oozed by Mayor Turner, explained that future funding for the museum would be from various sources, but that the primary funding would come from an endowment they anticipate receiving. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 3, design and plans for the new Creative Arts Center expansion. An informational report outlining the proposed plans for development of the Creative Arts Center and for the development of a new Art Studio and Gallery was provided by Mr. Tom Utter and Mr. David Richter. Minutes Regular Council Meeting February 5, 1991 Page 3 Executive Director of the Creative Arts Center, Susie Walker -Atkinson, thanked the Council for their continuing support of the center. Mayor Turner introduced Bill Wilhe]mi and Ben Holland, noted local artists and applicants for the new Art Studio and Gallery, who expressed their enjoyment at being a part of the new emerging art phase of the city. Council Member Moss made a motion to concur with the plan as presented and urging that they proceed with the project; seconded by Mayor Pro Tem Rhodes and passed unanimously; Council Member Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 4, execution of a ten-year lease with Bill R. Wilhelmi and Benjamin Joseph Holland for an artist studio and gallery. Director of Public Works Tom Utter explained the terms of the agreement and clarified that if the ten-year option for renewal is exercised, then the terms of the lease would be renegotiated. There were no contents from the audience. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed on first reading: 4. FIRST READING AUTHORIZING THE E}CECUTION OF A TEN-YEAR LEASE AGREEMENT WITH BTTT R WI[EE C AND BENJAMIN JOSEPH HOLLAND FOR BLOCK 69, LOTS 5 AND 6, BEACH ADDITION, FOR AN ARTIST STUDIO AND GALLERY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner recessed the Council Meeting to conduct the Corpus Christi Industrial Development Corporation meeting. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5 thru 12; Mayor Turner moved Item 9 to the Regular Agenda at the request of the City Manager, and Council Members requested that Itemns 5, 7, and 6 be withheld for discussion. Minutes Regular Council Meeting February 5, 1991 Page 4 There were no comments from the audience on the items. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 8. M91-031 Motion awarding a contract in the amount of $1,007,148.10 to Bay, Inc., for the construction of the Garderdale Area Street Improvements Phase III consisting of improvements to Williams Drive from South Staples to the Corona/Williams connection. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, McComb, and Moss voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 10. SECOND READING AUTHORIZING THE E ECJ ION OF A FIVE-YEAR LEASE AGREEMENT WITH PATRICIA JANE STUBBS CONCERNING THE L -HEAD BAIT STAND; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, McComb, and Moss voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 11. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSIRUUTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICTF III, ELECTRICAL, DIVISION 1, LICENSING, SECTION 13-61, TO AMEND THE MEMBERSHIP OF THE ELECTRICAL ADVISORY BOARD. The foregoing ordinance passed on second reading by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, McComb, and Moss voting, "Aye"; Guerrero and Schwing ahgent at the time the vote was taken. 12. SECOND READING CLOSING AND ABANDONING HUISACHE STREET FROM BUDDY LAWRENCE DRIVE TO THE INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing ordinance passed on second reading by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, McComb, and Moss voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * City Manager Garza and Purchasing Agent F. D. Glenn responded to questions posed by Council Members Moss and Martin relative to Item 5, regarding the types of vehicles being purchased and the reason for the shortfall of funds on two Minutes Regular Council Meeting February 5, 1991 Page 5 items. City Manager Garza in regard to Item 1.8.1 on the attachment said that he would provide Council Member Moss with an explanation. Relative to Item 6, endorsement of the resolution adopted by the Intergovernmental Commission on Drug and Alcohol Abuse, City Manager Garza assured Council Member McComb that the City supports the resolution. Director of Engineering Carl Crull advised Council Member Rhodes that the lady at the hearing last week who had a question relative to the assessment roll for improvements to Williams Drive was contacted. Assistant City Secretary Zahn polled the Council for their votes arra the following was passed: 5. M91-029 Motion approving the purchase of heavy trucks in accordance with Bid Invitation No. BI -0069-91, based on low bid for various City Departments. All units are budgeted in the 1990-91 Capital Outlay. Crosstown Ford Sales, Inc. Corpus Christi, Texas 14 Units Total: $413,394 Grand Total: $543,004 Power Equipment Int'1 Corpus Christi, Texas 4 Units Total: $129,610 The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, and Moss voting, "Aye"; Sc3rwing absent at the time the vote was taken. 6. M91-030 Motion endorsing the resolution adopted by the Intergovernmental Commission on Drug and Alcohol Abuse for the formation and maintenance of a primary assessment unit designed as a temporary holding facility for juveniles apprehended with alcohol or drug related misbehaviors. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McConb, and Moss voting, "Aye"; Schwing absent at the time the vote was taken. 7. ORDINANCE NO. 21075 CLOSING THE HEARING ON STREET IMPROVENEN S ON THE FOLLOWING STREETS: GARDENDALE AREA, PHASE III, STREET IMPROVEMENTS, WILLIAMS DRIVE, FROM 922 L.F. EAST OF EVERHART ROAD TO SOUTH STAPLES STREET; FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The foregoing ordinance passed by the following vote: Turner, Rhodes, Minutes Regular Council Meeting February 5, 1991 Page 6 Galindo, Guerrero, Hunt, Martin, McComb, and Moss voting, "Aye"; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 9, amending the Code of Ordinances, Chapter 19, Food and Food Establishments. Director of Development Services Bill Hennings gave an overview of the proposed changes and the reasons these amendments are being submitted. Mayor Turner called for con¢nents from the audience. Mr. Ron Hudson, 3556 Austin, inquired if these amendments would put the City in compliance with the Texas Department of Health regulations, and Director Hennings replied that he would verify if the City was in compliance. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: 9. FIRST READING AMENDING THE CODE OF ORDINANC S, CHAPTER 19, FWD AND FOOD ESTABLISHMENTS, BY AMENDING SECTIONS 19-1, 19-39, 19-40, 19-49, 19-54, 19-56, AND 19-58. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, and Moss voting, "Aye"; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 13, revising the scope of the Pilot Curbside Recycling Program. Director of Public Works Tom Utter elaborated on the proposed revisions to the Pilot Curbside Recycling Program emphasizing the drop-off site which will be established at the five City Senior Citizen Centers and at the four Wal-Mart stores in the city, the establishment of a new recycling route in the Calallen area, revision of Route 78 in the Flour Bluff area to provide for once -a -week pickup of garbage and once -a -week pickup of recyclables, and establishing buy -bade centers. A broad discussion followed covering Council Members' concerns about privatizing operation of buy-back centers and drop-off sites and possibly providing the site for the operation, zoning requirements being complied with at the various sites, the need for attended sites as opposed to unattended sites, and reaffirmation of the goal for establishing the recycling program. Council Member Moss expressed the need to expedite the pilot programs and stated that in the meantime the City still needs collection centers either Minutes Regular Council Meeting February 5, 1991 Page 7 privately operated or subsidized by the city at convenient locations across the city. Deputy City Manager Jesus Garza stressed the need for assessing the data collected on the pilot recycling routes before proceeding with a city-wide program. Council Member Schwing expressed reservations about the final report being biased due to the fact that independent opinions would not be included, but Deputy City Manager Garza assured him that an objective report would be provided. Mayor Darner called for tents from the audience. Mrs. Janet Harte, 222 Ohio, stated that she was in favor of this recommendation and encouraged acceleration of the recycling program to include the entire city. Mr. Utter, in response to Council Member Martin's concern, stated that neighborhood meetings will be held to inform residents and to obtain their viewpoints on the program and that a report will be brought back to the Council. Council Member Guerrero made a motion to accept the following staff recommendation: 13. M91-032 Motion authorizing the City Manager or his designee to revise the scope of the Pilot Curbside Recycling Program to provide a trial program of once -a -week pickup of garbage and once -a -week pickup of recyclables, and no less than four collection drop-off sites to be opened within the next two-month period. Seconded by Council Member Galindo and passed unanimously. * * * * * * * * * * * * * Mayor Darner called for consideration of Item 14, ratifying and re-enacting the amendment to Ordinance No. 021073. City Manager Garza explained that the reason for this action was to clarify that the rates referred to in the ballot wording in the ordinance are those presently being collected. He recommended that "as presently being collected" be inserted after 9.5% in the exact language of the proposition as it will appear on the ballot. Council Member Moss made a motion to insert "as presently being collected" after 9.5% in the exact language of the proposition; seconded by Council Member Rhodes and passed unanimously. Minutes Regular Council Meeting February 5, 1991 Page 8 There were no comments from the audience. Assistant City Secretary Zahn polled the Council for their votes and the following motion was passed as amended: 14. M91-033 Motion ratifying and re-enacting the amendment to Ordinance No. 021073 adopted on January 29, 1991, placing on the election ballot for April 6, 1991, the question of whether Ordinance No. 21001, increasing City utility rates, as presently being collected, should be repealed. The foregoing motion was passed by the following vote: Turner, Rhodes, Galindo, Hunt, Martin, McComb, Moss and Schwing voting, "Aye," Guerrero voting, "No." Interim City Attorney Jimmy Bray requested that Council reaffirm that the foregoing action was also passed as an emergency, Council Member Moss made a motion to reaffirm that the foregoing motion was passed as an emergency; seconded by Cezar Galindo and passed unanimously. * * * * * * * *- * * * * * Mayor Turner called for consideration of Item 15, resolution urging the State agencies to consider the concerns of the present lessees of State land on the John F. Kennedy Memorial Causeway. Mr. Bill Hennings, Director of Development Services, stated that the Kennedy Causeway Advisory Committee had not endorsed this resolution because some members felt that if a position was taken by the City it might complicate negotiations. A brief discussion ensued after which Council Member Guerrero made a motion that Item 15 be tabled until the Committee views the resolution and makes a recommendation to the Council; seconded by Council Member Martin and passed with Mayor Pro Tem Rhodes voting, "No." 151---TABEEB BASING STATE ASENeIFS-TO-BBNSPBER -EBNQERHS-SF-PHE PRESENT-EFSSEFS-9F S;PAPE -IAMB -ON -'HE -JeHN -F--NENNEBY-MEMeRIhE-EAUSEWAY--ANB -SI PPOFTHN6 -IHHE EFFSBTS OP GFNAS3R-€ARESS-PRHAN-ANB-REPRFSFNIAPIVE TODD HUNTER. * * * * * * * * * * * * * Mayor Turner explained that Item 16, calling for discussion and possible action with respect to legislation which is pending or may be proposed at the 72nd Texas Legislature, will be placed on the agenda each week the legislature is in session to enable the Council to discuss or support legislation on the floor of the Senate or House as necessary. Minutes Regular Council Meeting February 5, 1991 Page 9 City Manager Garza clarified that if the City Council made the decision to take a position on an issue before the legislature, this would enable the Council to do so. * * * * * * * * * * * * * Mayor Turner called for Council liaison and other reports. City Manager Garza referred to the utility deposit article in the newspaper, and stated that he had instructed staff to prepare a recommendation on this issue and that it would be presented to Council within two weeks. Council Member McComb expressed the opinion that various factors needed to be considered prior to automatically refunding the utility deposits, and City Manager Garza affirmed that the amount of bad debts, the size of the fund, and the procedure for implementing a refunding program would be considered. Council Member Rhodes stated that it was not right that action was not taken on Item 15 regarding the lessees of State land on the John F. Kennedy Memorial Causeway. Council Member McComb reported that the RTA amendment had passed in the Senate and that Representative Cavazos is in the process of introducing it in the House. Council Member Schwing questioned the staff's delay in presenting a recammendation on the utility deposits. Council Member Hunt concurred with him and reiterated the need for establishing guidelines prior to implementing a refund program. City Manager Garza detailed various factors which need to be considered prior to implementing this program, and various Council Members formulatcd several recommendations which should be taken into account when formulating the guidelines for refunding utility deposits. Council Member Guerrero, in reference to a memorandum from Mr. Utter concerning the Elliott Landfill, questioned the timetable which was outlined and the purpose for requesting the additional time. Following a brief discussion, Mr. Tan Utter stated that a maximum of 90 days is needed to complete the proposal process, but that interim reports would be provided to Council. Council Member Schwing requested that staff address the practice of collecting multiple utility deposits. Referencing the Elliott Landfill and the process being followed to attempt to privatize management of the landfill, Mayor Turner recommended using the same procedure which was used to select a company to perform the management audit. Minutes Regular Council Meeting February 5, 1991 Page 10 City Manager Garza, in response to Council Member Schwing's question on the possible liability resulting from a contract for tire shredding, stated that he would prefer to discuss this matter in closed meeting to maintain confidentiality on the matter. Council Members Schwing and Martin endorsed the idea of moving the comments from the audience section of the agenda to the beginning of the agenda. Mayor Betty Turner urged that action be taken on the following issues which have been discussed within the last year: (1) landscaping the airport entrance; (2) joint landscaping of the city's entrance on IH37 and Shoreline Drive with the Highway Commission; (3) establishing a festival park; (4) improving Sherrill Park and the median in front of the Coliseum; (5) disposition of Frost Brothers Building; and (6) need to make the decision about disposition of the old Nuxas County Court House, and if it were torn down, what the ramifications of this decision would be with the courts. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jesse Hix, 2622 Segrest, asked for assistance in providing a downtown practice site for the Veterans Band. Mayor Betty Turner provided Mr. Ron Hudson with a written statement regarding his previous inquiry about the granting of an easement to the owners of Parkdale Plaza. Mr. Ron Hudson, 3556 Austin, commented that the owners of Parkdale Lihrary were in violation of the terms of the deed. A brief comment session ensued, following which Council Member Guerrero made a motion that further staff time not be spent on this issue; seconded by Council Member Martin and passed unanimously. Mr. Leon Perez, 904 Buford, spoke regarding pawn shop proliferation within the city. Mr. Jimmy Till, 1265 Southern Minerals Road, commented on courtesy and respect which should be practiced during Council Meetings. Mr. James Cook, 1307 Fagles Nest, in reference to the State land on the John F. Kennedy Memorial Causeway, pointed out that the lessees' main concern was the proposed assessment procedure. He also suggested that comments from the audience be allowed at the beginning of the meeting as well as the end of the meeting. Mayor Betty Turner stated that she would contact the General Land Office concerning the proposed assessment procedure. Minutes Regular Council Meeting February 5, 1991 Page 11 Mr. Harold Hoppenrath, 338 Clifford, expressed support for having comments from the audience both at the beginning arra at the end of the meeting and reccam ended that Mrs. Ben Hoelscher be considered for appointment to the Planning Commission. Mr. C. A. Johnson, 5421 Dien Lane, and Mr. H. C. Coles, 1112 McBride, connmented in regard to the Javelin situation. City Manager Garza stated that he would provide a contact number for problems related to the Javelin plant. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 4:55 p.m. on Tuesday, February 5, 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 February 5, 1991 which were approved by the City Council on February 12, 1991. WITNESSETH MY HAND AND SEAL, this the 8th day of March, 1991. AS (dier Armando Chapa City Secretary