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HomeMy WebLinkAboutMinutes City Council - 03/26/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 26, 1991 2 p,m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tom Hunt Ed Martin Joe McComb Clif Moss Frank Schwing Absent Deputy City Manager Jesus Garza Interim City Attorney James Bray City Secretary Armando Chapa City Manager Juan Garza Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. City Secretary 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 March 19, 1991, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Turner recognized Sergeant Jose Mendiola, a recipient of the Bronze medal who served in the first tank group that saw action in the Persian Gulf. The Mayor and Council Members expressed appreciation to Sergeant Mendiola for his efforts in the war. MICROFILMED Minutes Regular Council Meeting March 26, 1991 Page 2 Mr. Joe Moseley, representing the Chamber of Commerce, gave a presentation on finances in the State of Texas. He summarized several key issues facing State legislators and highlighted the following issues: potential tax sources, State budget summary, current services, State finances, and State revenue and State budget projections. A brief question and answer period ensued and Mr. Moseley made statements clarifying specific questions raised by the Council. Mayor Turner called for petitions from the audience on items not scheduled on the agenda. Mr. J. E. O'Brien, 4130 Pompano, referred to an article in the San Antonio Light and commented about the budget for the economic development office in Monterrey. He spoke on the proposed waterfront management district and stated that the Corpus Christi Taxpayers Association voted unanimously to oppose the formation of a management district in Corpus Christi. Mayor Turner stated that the funds for the office in Monterrey involve rent, operating costs, and salaries and is paid for jointly by two communities. Mayor Pro Tem Rhodes inquired about the flexibility of the contract for the waterfront management district, and Interim City Attorney Bray stated that there is some flexibility on the overall powers; but in regard to the financing, he will check into the matter and report back to the Council. He advised that there must be Council approval before the application is made to the Water Commission. Council Member Schwing pointed out that San Antonio and Austin are considering opening offices in Monterrey and to keep in mind that they are in competition with Corpus Christi for economic growth with Mexico. Mr. Jessie Hix, 2622 Segrest, suggested that legislation be presented to the Council requiring return deposits on reusable containers. Mr. Hal Wasson, 3101 Up River Road, remarked about the fun he is having running for a Council office. Mr. Arthur Montalvo, 704 Atlantic, spoke about the increase in crime and commented about the size of the City. Mr. Ron Hudson, 3556 Austin, referred to House Bill 3160 and expressed the opinion that it involves taxation without representation. He quoted from a section of the Texas Open Meetings Act concerning local government entities. He questioned if City money is Minutes Regular Council Meeting March 26, 1991 Page 3 being used to promote a religious group that is erecting crosses in Cole Park. Mr. Hudson asked the Mayor to update the citizens on her involvement of the Applewhite project in San Antonio. Mayor Turner expressed support of that project. Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 5. There were no comments from the audience. Council Member Moss raised questions on Item 1, approving the purchase of two tractor-loader-backhoes. He referred to the Mercer report which suggested downsizing the City's fleet of vehicles and asked about consolidation of these units. Deputy City Manager Garza stated that a study will be conducted to see if the City has excess equipment; but in the meantime, the two units being replaced are in ill repair and need to be replaced. He stated that the purchasing office does try to group purchases to take advantage of economic savings. Responding to questions from Council Member Moss on Item 2, Elliott Landfill Turn Lane, Deputy City Manager Garza stated that this concerns the new portion of the City landfill; it has not been opened yet; and once opened, it is anticipated that it will last seven to ten years. Mr. Moss inquired about the cost of the turnaround, and Mr. Garza responded that he will obtain that figure for Mr. Moss, stating that the contract will be brought to the Council at the appropriate time. He advised that the donation of the 0.208 acre tract to the State is for construction of an exclusive right turn lane in conjunction with the new landfill access road. Relative to questions raised by Council Member Moss on Item 4, Bayfest agreement, Malcolm Matthews, Director of the Park and Recreation Department, discussed the labor which the City will provide for the Bayfest festival, all of which will be charged to Bayfest, Inc. in the amount of the City's actual cost. He advised that Bayfest, Inc. will pay the actual cost incurred by the City as opposed to four percent of gross revenue. On Item 5, farming lease agreement - 20.933 acre tract - Bohemian Colony Lands, Mr. Moss inquired if the City is considering selling this property, and Deputy City Manager Garza responded in the affirmative, stating that the Council will receive a report before the third reading of the ordinance. Minutes Regular Council Meeting March 26, 1991 Page 4 City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-062 Motion approving the purchase of two tractor-loader-backhoes in accordance with Bid Invitation No. BI -0147-91 from Nueces Ford Tractors, Corpus Christi, Texas, for the amount of $75,670 based on low bid. The equipment is budgeted by Water Division in the 1990-91 Capital Outlay. The foregoing motion passed by the following vote: Turner, Rhodes, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Galindo and Moss voting, "No." 2. ORDINANCE NO. 021120 AUTHORIZING THE CONVEYANCE AND THE EXECUTION OF A DONATION DEED TO THE STATE OF TEXAS FOR A 0.208 ACRE TRACT FOR A TURN LANE OFF S.H. 286 TO THE ELLIOTT LANDFILL; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 3. FIRST READING AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE AGREEMENT WITH HEADINGTON OIL COMPANY FOR A SURFACE LEASE FOR A DIRECTIONAL DRILL SITE; 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." 4. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR AGREEMENT WITH BAYFEST, INC. FOR THE PURPOSE OF HOLDING A FESTIVAL AND RELATED ACTIVITIES IN CONNECTION WITH THE BAYFEST CELEBRATION TO BE LOCATED ALONG SHORELINE BOULEVARD BETWEEN IH -37 AND THE BAYFRONT SCIENCE PARK DURING 1991, 1992, 1993, 1994, AND 1995; SUBJECT TO ANNUAL CONFIRMATION OF TEMPORARY STREET CLOSURES BY CITY COUNCIL AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting March 26, 1991 Page 5 The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 5. SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR FARMING LEASE WITH JULIUS ZDANSKY, JR. FOR A 20.933 ACRE TRACT OF LAND LOCATED OFF CHAPMAN RANCH ROAD AND APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on second reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner announced that Mr. Tony DeAmico had signed up to speak under "Petitions" and she had mistakenly advised him that the item he wished to speak on was on the agenda. Deputy City Manager Garza commented on the water concession bid item and stated that this matter was discussed at last week's Council Meeting. He advised that the Council had requested a report; it will be sent in the Friday mail packet; and bids will be opened on the thirteenth of the month. He stated that he will also provide that information to Mr. DeAmico. Discussion ensued and Council Member McComb remarked about the price war and the disagreement concerning the water concessionaires and made suggestions in regard to the contract negotiations. Mr. Tony DeAmico, 145 Chiltipin, commented about the controversy and stated that the conflicts have been resolved since July. He then read a prepared statement relative to the water concession bid. He stated that they would like to continue with their recreational fee for the slip plus ten percent. * * * * * * * * * * * * * * Mayor Turner called for consideration of Item 6, Oso golf course concession contract. In response to a question from Council Member Galindo, Deputy City Manager replied that staff analyzed the proposals and determined that Mrs. Juanita Anaya had the Minutes Regular Council Meeting March 26, 1991 Page 6 best proposal for the City. He commented on the evaluation process used in selecting the bid, stating that he does not have the actual figure of the dollars generated. Responding to a query from Council Member Martin, Deputy City Manager Garza clarified that Mrs. Anaya offers thirteen percent of gross sales or $625 per month, whichever is greater, as compensation for use of the concession area. * City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading by the following vote: 6. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR CONTRACT WITH MRS. JUANITA ANAYA FOR THE OPERATION OF A MANUAL FOOD AND DRINK CONCESSION AT THE OSO BEACH MUNICIPAL GOLF COURSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Galindo voting, "No? * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning case: 7. Amending the Platting Ordinance, Section IV, Design Standards, H. Large Tract Division, by adding paragraph four (4) permitting single-family subdivisions of one (1) acre lots or more outside the City limits to be developed without curbs, gutters, and sidewalks, subject to compliance with six (6) requirements. Mayor Turner stated that both the Planning Commission and staff recommend approval of the amendment. There was no opposition to the amendment. Council Member Guerrero moved to close the public hearing; seconded by Council Member Moss and passed unanimously. Council Member Martin and Mayor Turner complimented the staff for their accomplishments in developing the amendment. In response to a concern from Council Member Moss, Planning Director Harvey stated that under this amendment when property is subdivided outside the City limits under these provisions, it would be a requirement of the plat that the deed restrictions disclose to * This figure was changed to $$675 at the next Council Meeting by the City Manager. Minutes Regular Council Meeting March 26, 1991 Page 7 the property owners their future obligations should they want to have improvements. He stated that if property were to be subdivided below the one acre minimum, they would then have to meet the full requirements of the platting ordinance. Following a brief discussion, City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021121 AMENDING THE PLATTING ORDINANCE, SECTION IV. DESIGN STANDARDS, H. LARGE TRACT DIVISION, BY ADDING PARAGRAPH (4) PERMITTING SINGLE-FAMILY SUBDIVISIONS OF ONE (1) ACRE LOTS OR MORE OUTSIDE THE CITY LIMITS TO BE DEVELOPED WITHOUT CURBS, GU It ERS, AND SIDEWALKS, SUBJECT TO COMPLIANCE WITH SIX (6) REQUIREMENTS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye? s x a s x s• e r e s k Deputy City Manager Garza withdrew Item 8, Country Creek subdivision, until an issue can be resolved. Mayor Turner called for the discussion and possible action with respect to legislation which is pending or may be proposed at the 72nd Texas Legislature. Deputy City Manager Garza commented on the various House Bills pertaining to efficiency standards of plumbing fixtures, legislation increasing fines for Class C misdemeanors, and a bill that would prohibit the location of a municipal landfill or hazardous waste landfill within a certain radius of a water supply system. Council Member Moss raised questions about a memorandum from the Texas Municipal League in regard to the franchise fees from telephone companies being legislated, and Interim City Attorney Bray stated that there was a letter concerning a telephone franchise committee that has been established by a group of cities, stating that throughout the State, cities are having difficulties in arriving at satisfactory new franchises, and it is an issue that will be brought up. Mr. Moss suggested that the City keep abreast of this issue. City Secretary Chapa polled the Council for their votes and the following resolutions were passed: 9a. RESOLUTION NO. 021122 Minutes Regular Council Meeting March 26, 1991 Page 8 DECLARING SUPPORT FOR HOUSE BILL 2156 AND SENATE BILL 587 AND ENCOURAGEMENT OF THE USE OF WATER EFFICIENT PLUMBING FIXTURES WITHIN CORPUS CHRISTI AND SURROUNDING COMMUNITIES SERVED BY THE CORPUS CHRISTI WATER SUPPLY RESERVOIR SYSTEM. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9b. RESOLUTION NO. 021123 SUPPORTING PASSAGE OF LEGISLATION INCREASING FINES FOR CLASS C MISDEMEANORS. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 9c. RESOLUTION NO. 021124 SUPPORTING PASSAGE OF HB 2522 RELATING TO LANDFILLS NEAR RESERVOIRS. The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." # # # # # # # # # # # # Mayor Turner called for the City Manager's report. Deputy City Manager Garza presented the Council with a report from Police Chief Garrett concerning gang activity in the Corpus Christi area and a report on the Mercer Priority I findings. Council Member Martin suggested that the Council read the reports and present their questions at next week's Council Meeting. Mayor Turner called for liaison and other reports from the Council. Council Member Galindo inquired about the City introducing its own legislation regarding the plumbing fixtures, and Deputy City Manager Garza replied that staff is working on that issue with the Plumbing Advisory Committee and it is not ready for presentation at this time. Minutes Regular Council Meeting March 26, 1991 Page 9 Mr. Galindo remarked about the Bowling Association Conference possibly returning to the City in the year 1996-97 and asked if the City has done anything to bring this about, and City Manager Garza stated that he will check into the matter and report back to the Council. Council Member Martin requested that the Council be provided a status of the City's telephone franchise fee, and Interim City Attorney Bray responded that something on that subject is forthcoming to the Council. Mr. Martin spoke in regard to a letter from Chemical Waste Management about an application for a modification permit, and Deputy City Manager Garza stated that he has not seen the letter but he will check into the situation. Council Member Guerrero remarked about security measures at the Airport and asked if the immediate family members of servicemen returning home from Saudi Arabia can be allowed to cross the barrier at the Airport, and Deputy City Manager Garza stated that staff will check into the matter. Council Member McComb referred to a zoning case concerning a bank scheduled to open in the Quadrangle office complex. He stated that the bank has opened in another location and the remodeling work at the Quadrangle has been abandoned. He requested staff to look into the building permit situation. Mr. McComb requested clarification on an issue regarding commercial fueling at the T -head, stating that there is a discrepancy between the ordinance that was passed and the policy that is being implemented. Mr. McComb referred to the issue brought up last week about the consistency of the street lights to be installed on Shoreline and stated that he did not believe that a policy was established as to what kind of lights were going to be installed. He then posed a question in regard to the street lights on Shoreline if there is a hurricane and the boats have to be evacuated from the Marina. Carl Crull, Engineering Services Director, advised that the mast arm on the street lights is such that it can be rotated ninety degrees. He stated that if there is a hurricane condition, the arm can be rotated to allow access in and out of the L -heads. Mayor Pro Tem Rhodes inquired if the Council will receive a briefing on the recent hydrofluoric acid accident at the refinery, and Deputy City Manager Garza stated that the Council will be provided a report on that issue. Council Member Moss pointed out that on Del Mar Boulevard, grass is growing in the pavement and the public right-of-way, and the Deputy City Manager stated that it is the City's responsibility and it will be taken care of. Minutes Regular Council Meeting March 26, 1991 Page 10 Mr. Moss referred to the improvements Six Points, stating that some of the major buildings may be demolished. He asked if that had been considered in planning the improvements, and Deputy City Manager Garza stated that he will provide a report on how the RTA is coordinating that project. Mr. Moss inquired about the software problem on the project to coordinate the lights on Staples from Leopard to Weber, and Deputy City Manager Garza responded that he will check into the matter. Mr. Moss inquired about the exterior signage at the new police station, and Deputy City Manager Garza replied that it is on order. Police Chief Garrett responded to a question from Council Member Hunt concerning a property owner who lives on a cul-de-sac and is disturbed about boats and motor homes parked in the area. Council Member Schwing referred to the ordinance in regard to fueling of inboard tanks which was passed in 1983. He questioned the different interpretations of the ordinance, and Deputy City Manager Garza explained the intent of the ordinance. He stated that an interpretation of the ordinance will be presented to the Council. In response to Mr. Moss's previous question, Deputy City Manager Garza stated there was a software problem on Staples; it has been fixed; and it is currently being tested. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 3:37 p.m. on March 26, 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 March 26, 1991, which were approved by the City Council on April 2, 1991. WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991. /d2 t••-.31 e4r - Armando Chapa City Secretary