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HomeMy WebLinkAboutMinutes City Council - 03/24/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 24, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Cezar Galindo Council Members: Leo Guerrero Betty Jean Longoria Edward Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend E. F. Bennett, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of March 17, 1992, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized Mr John Hall, Chairman of the Texas Water Commission, who stated that the Texas Water Commission wishes to form a strong partnership with cities and counties in the State to solve various environmental challenges and problems. He reviewed the objectives of the Commission and discussed the components of a program called "Clean Texas 2000." Mr. Hall stated that the Commission is excited about the opportunity to work with Corpus Christi and looks forward to the City seeing a new Texas Water Commission. Ms. Elaine Motl and Mr. Gary Maglicco, Chairman of the East-West Power Boat Shoot -Out Advisory Committee invited the Council to the East-West Power Boat Shoot -Out which will be held on April 2, 3 and 4th. They showed a video of last year's off -shore race and elaborated on the event. N_FJLMED Minutes _Zegular Council Meeting March 24, 1992 Page 2 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 12, and Council Members requested that Items 1, 3, 5, 6, 7, 8, 10, 11 and 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M92-070 Motion awarding a contract in the amount of $16,500 to Double J Construction to remove and replace sidewalks in the Broadmoor Senior Center/Travis Elementary School area. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 4. ORDINANCE NO. 021350 CLOSING AND ABANDONING A 10 -FOOT WIDE BY 92 -FOOT LONG UTILITY EASEMENT BETWEEN LOT 1-A AND LOT 1-B, BLOCK 9, GARDENDALE SUBDIVISION, SUBJECT TO CERTAIN PROVISIONS. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 9. SECOND READING AUTHORIZING THE EXECUTION OF AN EARNEST MONEY CONTRACT AND QUIT CLAIM DEED TO REED S. CLARK FOR A .127 ACRE TRACT OF ABANDONED RAILROAD RIGHT-OF-WAY OUT OF THE CORPUS CHRISTI BEACH HOTEL. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye? sssssssssssss Relative to Item 1, HIALCO Handicapped Housing Board Funding Request, Council Member McNichols questioned the price of the fence, and Tom Utter, Director of Development Services, stated that the price of the fence includes brick columns. Dr. McNichols stated that he is not opposed to the fence but would like information on expenses, and Mr. Utter stated that staff will provide the Council with a price break -down. Minutes .tegular Council Meeting March 24, 1992 Page 3 Council Member Martin also questioned the price of the fence, and Kelly Elizondo, Director of Housing and Community Development, stated that it is not a typical residential fence and he described the fence. He stated that this is an extension of the unit price that is being used for the existing project which was a negotiated contract between HUD, the contractor and the non-profit agency. City Manager Garza stated that the project is not the City's project. He stated that the City is involved because the Board did not have sufficient funds for the fencing of additional land. Mr. Ernest Carter, Chairman HIALCO Housing Board, discussed the project and stated that they have a contract with HUD to erect five buildings and a fence and he described the fence. Because of concerns expressed by the Council in regard to the price of the fence, City Manager Garza postponed the item for a week to provide adequate responses to the questions. Responding to questions from Council Member Slavik on Item 3, Resolution concerning the use of the proceeds of revenue bonds issued by the City of San Antonio, Health Facilities Corporation to establish a rehabilitation project at Memorial Medical Center, City Manager Garza stated that in order for the City of San Antonio Health Facilities Development Corporation to issue the bonds for a project in Corpus Christi, consent must be given from the City of Corpus Christi. He stated that the $1 million will benefit the City and pointed that the City does not have a financial obligation. Mr. Garza indicated that it has been cleared with the City's Health Facilities Corporation Board. Council Member McComb expressed support of this item and stated that it will help the hospital and the community. Mayor Rhodes recognized Mr. Don Brent, the administrator, and Mr. Jack Foster, Chief Financial Officer, who clarified that the total project cost is approximately $2.5 million and only $1 million of it is being financed. Mr. J. E. O'Brien, 4130 Pompano, noted that $17 million in bonds is being refunded and inquired if money will be saved by refunding the bonds. Responding to questions posed by Council Member McComb on Item 5, easement closure request, Gardendale Subdivision, City Manager Garza stated that the material handed out last week was incorrect. He stated that State law requires that the City charge and we are charging in accordance. Mr. Garza stated that staff advised the property owners and they agreed with the provisions of State law. Pertaining to Item 6, Redbird Lane street improvements, Council Member Moss inquired if this street will be built in accordance with the City's enhanced specifications for streets, and Tom Utter, Director of Development Services, responded in the affirmative. Minutes Zegular Council Meeting March 24, 1992 Page 4 Council Member Martin inquired when the enhanced specifications will be presented to the Council for adoption, and Mr. Utter stated that they will be brought to the Council by the end of April. In response to a question from Council Member Martin, Carl Crull, Engineering Services Director, stated that over the last several years, the City has used a performance based design for projects that are being designed and built with City bond funds. On Item 8, Preservation Plan, Council Member Slavik expressed concern about the tax increase abatement portion of the plan. Planning Director Harvey stated that everything contained in the Preservation Plan is a policy statement and with its adoption, the Council would direct staff to create the ordinances necessary for implementation. He stated that there are ten cities and three counties that offer some form of tax abatement for historic properties. He stated that staff has outlined one possibility in the Preservation Plan by which if a piece of property is designated historic, that property owner may pursue a tax abatement proposal. He stated that when staff presents the Council with proposals, that legislation can be modified, and there are a number of time periods and ratios that could be applied. Mrs. Slavik referred to the section regarding tax incentive and inquired who will make the annual inspection report and who would pay for the inspection annually, and Mr. Harvey stated that staff is in the process of determining who would do that. He stated that it would not be inappropriate for the tax abatement benefactor to pay for it on an annual basis. Council Member McComb referred to Item 3, a review process of requests for demolition/removal of "HC" zoned properties or potentially historic properties/sites, and inquired if that would have an effect on any events that might occur if the Council adopted the plan with respect to the old Courthouse, and Mr. Harvey stated that it does not modify the Council's position on that. Responding to a question from Council Member McNichols, Mr. Harvey stated that the South Central Area Development Plan specifically gave some deadlines for actions regarding the Courthouse and that nothing in the Preservation Plan modified those deadlines. He stated that should the Council adopt new zoning regulations and should the Courthouse be zoned under those new zoning regulations, there could be a stay of demolition for up to a maximum of up to 120 days. He stated that under the current zoning regulations for "HC," the stay of demolition could be a maximum of 240 days. Mr. Harvey stated that in all cases if a property that is zoned "HC" is in a state of disrepair and is posing a safety concern, demolition can proceed. Mr. Harvey then elaborated on "HC" zoning. Council Member McComb raised questions regarding established restrictions, and Mr. Harvey stated that the City is not establishing any regulations at this point. He stated that staff is asking the Council to establish the beginning policy they wish to pursue which would create what the restrictions should be. He stated that at this point, the Preservation Plan suggests that there should be some type of restriction so that the City can preserve Minutes Legular Council Meeting March 24, 1992 Page 5 views to the bay and other scenic areas. Mr. Harvey added that staff is following the proper procedure. Mr. McComb stated that he was under the impression that the City had adopted a policy of land acquisition on the bay side of Ocean Drive, and City Manager Garza stated that the City carried out that policy and all the properties that were designated were acquired. Tom Utter, Director of Development Services, stated that the City contracted with the Department of Housing & Urban Development and purchased a number of properties along Ocean Drive. He stated that there was never a policy established that the City could purchase any additional vacant property. Responding to a question from Council Member Galindo, Mr. Harvey stated that when staff prepares the legislation, all of the guidelines and the administrative procedures that the tax abatement would apply to would be clarified. Following a lengthy discussion, Mr. Harvey responded to questions in regard to the Preservation Plan dealing with the tax abatement program and the old Courthouse. He stated that the Courthouse received a State designation, but this plan would not override all the other policy statements adopted by the Council. Mayor Pro Tem Galindo requested a list of the sixty-six properties and requested more detailed wording on the Tax Abatement Program Council Member Slavik requested a list of the cities and counties that have tax abatements and inquired if the Historical Society approved the plan, and Planner Gunning replied that the Landmark Commission has recommended it and the Nueces County Historical Society has not commented on it. City Secretary Chapa polled the Council for their votes and the following were passed: 1. POSTPONED 3. RESOLUTION NO. 021349 CONCERNING THE USE OF THE PROCEEDS OF REVENUE BONDS ISSUED BY THE CITY OF SAN ANTONIO HEALTH FACILITIES DEVELOPMENT CORPORATION TO ESTABLISH A REHABILITATION FACILITY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CORPUS CHRISTI, TEXAS. Minutes _tegular Council Meeting March 24, 1992 Page 6 The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin absent at the time the vote was taken. 5. ORDINANCE NO, 021351 CLOSING AND ABANDONING TECOLOTE ROAD BETWEEN UP RIVER ROAD NORTH TO THE CITY LIMITS LINE, AS PREVIOUSLY DEDICATED BY RIGHT-OF-WAY EASEMENT RECORDED IN VOLUME 642, PAGES 54 THROUGH 57, NUECES COUNTY DEED RECORDS; SUBJECT TO CERTAIN PROVISIONS. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin absent at the time the vote was taken. 6. ORDINANCE NO. 021352 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT(S) OF THE FOLLOWING STREET(S) IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: REDBIRD LANE FROM CALALLEN DRIVE TO INTERSTATE HIGHWAY 37 REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT(S) SHALL BE PAID; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin absent at the time the vote was taken. 7. ORDINANCE NO.021353 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: REDBIRD LANE FROM CALALLEN DRIVE TO INTERSTATE HIGHWAY 37 - DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON APRIL 21, 1992, IN THE COUNCIL CHAMBERS, CITY HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS, AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin absent at the time the vote was taken. Minutes tegular Council Meeting March 24, 1992 Page 7 8. SECOND READING ADOPTING THE CITY OF CORPUS CHRISTI PRESERVATION PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Moss and Slavik voting, "Aye"; McComb and McNichols voting, "No"; Martin absent at the time the vote was taken. Relative to Items 10 and 11, Southwestern Bell Franchise, Council Member Slavik noted that last week, the Council scheduled a closed session to discuss this item. She requested that the closed session be held before voting on this item. Mayor Rhodes indicated that these items will be discussed in closed session following the zoning case. Relative to Item 12, Lexington Lease, Council Member Slavik stated that she will abstain from voting on the lease ordinance because she is concerned about splitting the contract. Responding to a question from Mrs. Slavik, City Attorney Bray stated that the Council passed the contract amendment with the Convention and Visitors Bureau on February 18 and it is not included in today's item. Mr. J. E. O'Brien, 4130 Pompano, stated that when the Council passed the one-year lease agreement, they violated the City Charter, but the City Attorney stated otherwise and his reasoning was that the zoning allowed a museum. Mr. O'Brien declared that the area is zoned "BD" for one-third and "R -1B" for two-thirds and they both allow a museum. He referred to the upcoming zoning case and stated that the "R -1B" zoning required parking within 300 feet; therefore, the museum could not comply with that zoning and that was a violation of the City Charter. Mayor Rhodes inquired if the City has violated the City Charter, and City Attorney Bray responded in the negative. Responding to a question from Mrs. Slavik, City Attorney Bray stated that the agreement with the Visitors Bureau renews itself every three years. He stated that the term of the agreement was extended to 2012, with automatic renewals every three years. He stated that the City has an option of terminating the contract on ninety days notice. Council Member Martin inquired if the Council is only authorizing a four-year lease agreement with the Lady Lex Museum on the Bay Association or amending the contract with the Convention and Visitors Bureau, noting that the support material implied that the amendment is on today's agenda, and City Manager Garza stated that the contract was previously amended. Minutes degular Council Meeting March 24, 1992 Page 8 Following a discussion, City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 12. ORDINANCE NO, AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR-YEAR LEASE AGREEMENT WITH THE LADY LEX MUSEUM ON THE BAY ASSOCIATION COMMENCING FEBRUARY 18, 1993, AS SET FORTH IN EXHIBIT A; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik abstaining. * * * * * * Mayor Rhodes announced that Item 13 has been postponed until next week. 13. Postponed NATIONAL ESTUARY PROGRAM DESIGNATION FOR CORPUS CHRISTI BA- Mayor Rhodes referred to Items 14a and 14b, appointment of Ad Hoc Arts Panels, and City Manager Garza provided background information and stated that it is the general consensus of the Municipal Arts Commission that all efforts need to be made to ensure fairness and objectivity throughout the process. City Secretary Chapa polled the Council for their votes and the following were passed: 14a. M92-071 Motion authorizing the appointment of seven ad hoc Art Selection Panels to select permanent public artwork for Greenwood and Lindale Senior Centers, Breckenridge Park, Falcon Park, Nolford Park, Crossgate Park and Waldron Park. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo and Martin absent at the time the vote was taken. 14b. M92-072 Motion authorizing the appointment of the 1992 ad hoc Peer Panel made up of art specialists who review applications from arts organizations for 1992 grants for performing art projects. Minutes (egular Council Meeting March 24, 1992 Page 9 The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo and Martin absent at the time the vote was taken. ** Mayor Rhodes called for consideration of Item 15, HOME Program, and City Manager Garza stated that this is a new program being offered by HUD. He indicated that the program would bring about $1.7 million to the City and would expand the supply of housing for lower income individuals. City Secretary Chapa polled the Council for their votes and the following item was passed: 15. M92-073 Motion approving the HOME Program Description and authorizing the City Manager or his designee to execute and submit to the Department of Housing and Urban Development (HUD) the required documents. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo and Martin absent at the time the vote was taken. ** Mayor Rhodes called for consideration of Item 16, agreement for Corpus Christi Limousines Unlimited, Inc., and City Manager Garza provided background information and stated that this agreement is the result of a bidding procedure. He indicated that the contract would provide a good fixed amount of revenue for the City. Responding to a question from Council Member Moss, City Manager Garza stated that as part of the contract, the City has the right to terminate the contract with ninety days notice for failure to live up to the conditions of the contract. Council Member Guerrero advised that Limousines Unlimited, Inc. has a premier service record in Corpus Christi. George Hext, Aviation Director, stated that the company is a local firm that has been in business for twelve years and they have an impeccable reputation. He stated that the contract will improve the impression of visitors to the City. Council Member Slavik inquired why Texas Riviera Transportation did not want to continue operating their service, and Mr. Hext replied that staff upgraded the specifications and reduced the percentage required in order to allow the operator the sufficient margin to be able to provide a first-class service. Mrs. Slavik asked about the difference in the fares to be charged between the two companies that bid and between TRTs present fares, and Minutes tegular Council Meeting March 24, 1992 Page 10 Mr. Hext stated that these are the fares that are currently in effect, along with the same zones. City Secretary Chapa polled the Council for their votes the following items were passed: 16. ORDINANCE NO. 021355 AUTHORIZING THE EXECUTION OF AN INTERIM AGREEMENT WITH CORPUS CHRISTI LIMOUSINES UNLIMITED, INC. AND EXPIRING UPON COMMENCEMENT OF THE LONG-TERM LEASE AGREEMENT FOR AN AIRPORT SHUTTLE SERVICE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 17. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE (5) YEAR AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LIMOUSINES UNLIMITED, INC. EFFECTIVE 60 DAYS Al- 1'ER THE FINAL APPROVAL OF THE CITY COUNCIL; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mayor Rhodes opened the public hearing on the following zoning application: 18. Case No. C292-5, Lady Lex Museum on the Bay Association: A change of zoning from "R -1B" One -family Dwelling District to "BD" Corpus Christi Beach Design District on 12.98 acres of Corpus Christi Bay adjacent to the east boundary line of the area patented to the City of Corpus Christi by the State of Texas, located approximately 900 feet east of No. Shoreline Boulevard and 400 feet north of the ship channel centerline. Mayor Rhodes stated that both the Planning Commission and staff recommend approval of the application. Mr. J. E. O'Brien, 4130 Pompano, inquired when the parking will be addressed, and Tom Utter, Director of Development Services, replied that the parking for this project will be addressed as the project moves forward. Minutes Zegular Council Meeting March 24, 1992 Page 11 Council Member Guerrero moved to close the public hearing; seconded by Mayor Pro Tem Galindo and passed unanimously by those present and voting. Council Member Slavik referred to the support material and inquired how the zoning change would comply with Corpus Christi's policy statement, and Planning Director Harvey stated that to some degree, preserving views is in the eye of the beholder. He stated that it will establish a public use along a right-of-way that might otherwise have been closed. He expressed the opinion that viewing the Lady Lex itself is an interesting and unique view. Council Member Slavik announced that she will abstain from voting on this item because of the method used. She expressed the opinion that the City should have done the zoning before doing the bonds. Council Member McNichols stated that the Council has heard all the objections and is still committed to the Lady Lexington. He stated that the Lexington is going to be here as a Naval Museum and we should move ahead with the project. Council Member Slavik stated that she is not voting "No"; her concerns are legitimate; and that an abstention is not a "No" vote. Mayor Rhodes interjected that there has to come a time when the Council has to move on. She asked the City Attorney if an abstention is a "No" vote, and Assistant City Attorney Perez replied that it would have the effect of a "No" vote. City Secretary Chapa polled the Council for their votes and the following ordinance passed: ORDINANCE NO.021356 AMENDING THE ZONING ORDINANCE UPON APPLICATION BY LADY LEX MUSEUM ON THE BAY ASSOCIATION BY GRANTING A CHANGE OF ZONING FROM 'R -1B" ONE -FAMILY DWELLING DISTRICT TO "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT ON 12.98 ACRES OF CORPUS CHRISTI BAY ADJACENT TO THE EAST BOUNDARY LINE OF THE AREA PATENTED TO THE CITY OF CORPUS CHRISTI BY THE STATE OF TEXAS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik abstaining. The Council went into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding (1) Police collective bargaining and (2) Southwestern Bell franchise. Minutes Zegular Council Meeting March 24, 1992 Page 12 Mayor Rhodes reconvened the Council Meeting and called for consideration of Items 10 and 11, Southwestern Bell Franchise. Mr. J. E. O'Brien, 4130 Pompano, referred to the five-year franchise and expressed concern about the mutual release clause in the agreement. Council Member Slavik indicated that last week she had voted "No" on this item because she had been concerned about some matters and they were discussed in closed session. She stated that she is now is support based on new information. Mrs. Slavik indicated that she is still concerned that the telephone company is not absorbing the cost. City Secretary Chapa polled the Council for their votes and the following items were passed: 10. SECOND READING WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO EXTEND THE TERM OF ORDINANCE NO. 20882 PASSED ON THE 6TH DAY OF MARCH, 1990, RELATING TO USE OF PUBLIC STREETS AND WAYS BY THE COMPANY AND THE CONDITIONS AND COMPENSATION THEREFORE. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. 11. SECOND READING WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRII I'EN ACCEPTANCE OF THIS Minutes legular Council Meeting March 24, 1992 Page 13 ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. Mayor Rhodes called for the City Manager's report, and City Manager Garza reminded the Council of a Special Council Meeting which will be held on April 2, 1992 at 11:00 a.m. for the negotiated bond sale. Mayor Rhodes inquired when staff will present their recommendation in regard to the Nueces County Coastal Management Plan, and City Manager Garza stated that he studied the report and felt that this was a county responsibility and he did not pursue it any further. He stated that he will provide the Council a report on Friday. Mayor Rhodes requested that staff ask the county for a one-week extension before voting on the plan because the Council is waiting for a staff report. Mr. Garza stated that he would make that request. Council Member Galindo requested that a presentation be given next week in regard to the amusement parks developled at Corpus Christi Beach. Council Member McComb referred to the recycling program and the $4.00 charge for the containers, stating that he has received various concerns about the charge. He asked if there is a plan for people who are opposed to the $4.00 to bring the container back, and City Manager Garza stated that staff did not give thought to that and would like everyone to participate. Mrs. Slavik asked about the results of the Los Barcos festival, and City Manager Garza replied that it was successful and he will provide a report to the Council on Friday. Mrs. Slavik referred to the Easter crosses and stated that she would have liked the Council to have had input into that issue, stating that it would have been an appropriate matter for discussion in closed session. Council Member Martin referred to the presentation on Corpus Christi Beach development which is scheduled for next week and suggested that presentations of this nature be presented before the Council Meeting so as not to use the beginning of the meeting as an opportunity for people to advertise business or events. Council Member McNichols referred to the Nueces County Coastal Management Plan and discussed why this was brought up and why the Council has concerns. He stated that the plan involves many different factors and there is one part of the plan that relates to a beach -parking fee and that is the area that is controversial. He stated that there is a portion of the beach that is City -owned. Dr. McNichols stated that there is some Minutes _tegular Council Meeting March 24, 1992 Page 14 controversy about the funding for the beach clean-up activities and that funding already exists in a certain format and a beach -parking fee would change the format of the funding. He stated that primarily it is county beach and that funding is primarily up to the county, except for a portion of it that relates to the City. Council Member Longoria requested a report on recycling, and Solid Waste Director Bruner reviewed the status of the recycling. Council Member Martin suggested that the recycling routes be shown in the newspaper, be identified on radio stations, or that some type of prepared presentations be given to the public when the Council is in closed session. Police Chief Garrett updated the Council on measures the Police Department has taken in regard to the gang violence in the City. He stated that he has a strong commitment not to give the gang organizations the publicity and recognition they need to survive. He discussed a plan for combatting teen crime. Council Members supported the Police Departments efforts to curb youth -related violence and expressed willingness to fund additional help. Mayor Rhodes called for comments from the audience on matters not scheduled on the agenda. Ms. Linda McKaime, Industrial Service and Contractors, spoke on the issue of the Easter Crosses. Mr. Andy Corona, 1902 Loritte, speaking on behalf of David Noyola, promoted a service called "HOPELINE" which is heard on a public service radio station and deals with the voice of the town. Ms. Cynthia Azurre, Industrial Service and Contractors, spoke on the issue of the Easter crosses. Ms. Angelica Franco, 1125 Golla Drive, commented about teenage crime in the City. Mr. David Freimiller, 5917 Kimbrough, spoke on the issue of the Easter crosses. Mr. Raymond Hasker, 1813 Wallace, commented on the Coastal Management Plan and about comments made at the Commissioner's Court Meeting. He expressed opposition to a beach fee. Council Members Galindo and Martin stated that remarks made by Commissioner Karter at the meeting indicated that the law forbids that those monies be used for anything but beach -related issues. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:50 p.m. on March 24, 1992. 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 24, 1992, which were approved by the City Council on March 31, 1992. WITNESSETH MY HAND AND SEAL, this the 8th day of April, 1992. Pfrr-//9. ap-c— Armando Chapa City Secretary SEAL