HomeMy WebLinkAboutMinutes City Council - 11/12/1985Present
Mayor Luther Jones
Mayor Pro Tem Jack Best
Council Members
David Berlanga, Sr.
*Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Absent
Linda Strong
Minutes
City of Corpus Christi, Texas
Regular Council Meeting
November 12, 1985
2:00 p.m.
City Manager Edward A. Martin
City Attorney Bruce Aycock
City Secretary Armando Chapa
VO 1.(
Mayor Luther Jones called the meeting to order at 2:10 p.m. in the Council
Chamber of City Hall.
The invocation was given by Council Member Mary Pat Slavik, following which
the Pledge of Allegiance to the Flag of the United States was led by Mrs.
Josephine Sparks.
City Secretary Armando Chapa called the roll and verified that a quorum of
the Council and the required Charter Officers were present to conduct the
meeting.
A motion was made by Council Member Slavik that the Regular Minutes of
November 5, 1985 be approved as presented; seconded by Council Member Frank
Mendez; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones recognized Dr. Hector P. Garcia.
Dr. Garcia introduced several members of the American G.I. Forum and
expressed his appreciation to the Council and the staff for the great honor that
had been bestowed upon him in the renaming of Greenwood Park to Dr. Hector P.
Garcia Park.
Dr. Garcia complimented the staff for the success of the reception and the
dedication.
* * * * * * * * * * * * *
MICROFILMED
Minutes
Regular Council Meeting
November 12, 1985
Page 2
Mayor Jones then administered the Oath of Office to the following newly
appointed members to City boards and commissions: Mr. Sam Beecroft, Electrical
Advisory Board; Mr. Thomas Henderson and Mrs. Josephine Sparks, Museum Advisory
Board.
* * * * * * * * * * * * *
Mayor Jones announced the bid opening on the following project:
1. West Oso and Tuloso Midway Bridges: For the construction of two 8 -foot
wide pedestrian bridge. One bridge would cross the drainage channel along
the north side of the Tuloso-Midway/Rand Morgan High School, and the second
would cross the drainage channel which separates Village on the Green
Subdivision and West Oso High School property.
Assistant City Manager James R. Lontos opened bids from the following
companies: R.S. Black Engineers and Contractors, Holly Construction Co. (no bid
security submitted), E.J. Netek Construction Co., Stefek Construction Co.,
Zeller Company, Inc., and Emerald Industries, Inc.
Discussion followed regarding bidders who do not submit the required bid
security, and City Manager Martin explained that the omission of the bid
security would be a basis for rejection of the bid, and he explained the
advantages to the bidder of not submitting the bid security.
Mayor Jones stated that the City should adopt the position that bids
without the required security would not be considered, and Mr. Martin explained
that a strict policy might not be in the best interest of the City, however the
right to reject a bid for that purpose is already a City policy.
*Council Member Leo Guerrero arrived at 2:35 p.m.
2. Padre Island Public Safety Building: This 1982 Bond Program facility
provides for the construction of an approximate 4,200 square foot fire
station with related public safety uses on a 16 acre City -owned site
on Commodores Drive in the Padre Island portion of the City.
Assistant City Manager Lontos opened bids from the following companies:
Aslan Corp., CJB Construction Co., Inc., Coleman & Roth, Inc., Construction Inc.
of Texas, Dickson Builders, Durden & Fulton, Inc., Holly Construction Co., J.H.
King, Inc., E. J. Netek Construction, Inc., and ADCO.
Mr. Lontos stated that all of the bidders had submitted the required bid
security. Mr. Lontos explained that the alternate bid was for a clay tile roof,
but that since the bids had all been higher than the engineer's estimate, the
alternate would not be performed.
Mayor Jones noted that the engineer's estimate was considerably lower than
the actual bids, and Mr. Martin stated that an outside engineer estimated the
project.
Minutes
Regular Council Meeting
November 12, 1985
Page 3
Mayor Jones stated that the bids on both projects would be tabled for 48
hours pursuant to the requirements of the'City Charter.
* * * * * * * * * * * * *
City Manager Martin stated that the items that were not discussed during
the morning workshop meeting, board appointments and a report on utility rates,
could be discussed at the end of the Regular Agenda. The Council indicated
their concurrence.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions (1 through 5)
as follows:
1. Approval of specifications and authorization to receive bids December 4,
1985 for a 16,500 GVWR cab & chassis with utility service body and aerial
bucket to be used by Traffic Engineering traffic signal activity. This
item is included in the 1985-86 Capital Outlay Budget with an estimated
expenditure of $50,000.
2. Approving a twelve month supply agreement with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for wrecker
service for City owned vehicles and equipment for Maintenance Services
Department to W. D. H. Enterprises, dba E & H Wrecker Service, based on low
bid. The estimated annual expenditure is $36,500.
3. Approving the purchase of an estimated 32 police sedans, 2 standard full
size sedans, 17 standard intermediate sedans, 14 standard compact sedans, 4
standard intermediate station wagons, and 1 mini -van from Creveling Motor
Company, based on low bid, for the total amount of $634,742. This is a
supply agreement which will allow for the purchase of additional vehicles,
as necessary during the fiscal year. These items are included in the
1985-86 Capital Outlay Budget for various departments.
4. Accepting the Railroad Spur Track Rehabilitation project at the 0. N.
Stevens Water Filtration Plant and authorizing total payment of $23,226.30
to Wm. A. Smith Construction Co., Inc. This project was funded from the
Water Department operating budget.
5. Authorizing Change Order No. 10 to the 0. N. Stevens Water Filtration Plant
Improvement project in the amount of $30,000 for modification of three raw
water pumps to correct bearing and lubrication problems experienced by the
contractor during on site testing of the equipment, but for which the pump
manufacturer denies improper design for satisfactory operation. The
contractor agrees to join with the City in prosecuting a claim against the
supplier and manufacturer of the pumps to recover costs resulting from the
faulty design. Funds to cover the change order are available in the
contingency account for the project.
Minutes
Regular Council Meeting
November 12, 1985
Page 4
There were no comments from the audience on the Consent Motions; Council
Member Guerrero made a motion that Consent Motions 1 through 5 be approved;
seconded by Council Member McComb; and passed by the following vote: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
* * * * * * * * * * * * *
Mayor Jones called for comments from the audience on the Consent Ordi-
nances; there were none; City Secretary Chapa polled the Council for their vote;
and the following passed:
6. ORDINANCE N0. 19080
ACCEPTING A PROPOSAL IN THE AMOUNT OF $6,702 FROM STEFEK CONSTRUCTION COMPANY
FOR THE REMOVAL OF ROCK MEDIA FROM TRICKLING FILTER NO. 2 AT THE WESTSIDE
WASTEWATER TREATMENT PLANT; APPROPRIATING $7000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
7. ORDINANCE NO. 19081
APPROPRIATING $5,000 OUT OF NO. 265 MULTICULTURAL CENTER BOND FUND FOR ADDI-
TIONAL FUNDING TO FACILITATE FINAL PAYMENT FOR ARCHITECTURAL SERVICES PROVIDED
BY JAMES G. ROME, ARCHITECT, FOR CHANGE ORDER WORK ON THE GALVAN HOUSE RESTORA-
TION AND THE MULTICULTURAL CENTER SITE IMPROVEMENT PROJECTS; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
8. ORDINANCE NO. 19082
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 2 IN CONNECTION WITH THE McARDLE ROAD STREET IMPROVEMENT PROJECT
220-82-3; APPROPRIATING $38,940; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
9. ORDINANCE NO. 19083
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE TRAVEL CONCESSION AGREEMENT
WITH SANBORN'S TRAVEL SERVICE, INC. TO INCLUDE THE SALE OF TRAVEL INSURANCE
THROUGH ALL INSURANCE COMPANIES IT DEALS WITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
Minutes
Regular Council Meeting
November 12, 1985
Page 5
10. ORDINANCE NO. 19084
CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT IN LOTS 1 THROUGH 5,
BLOCK 14, PINEDA PARK SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
11. ORDINANCE NO. 19085
CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY EASEMENT IN
1, FARIAS GRANT SUBDIVISION, SUBJECT TO THE PROVISIONS
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik
absent.
LOTS 1 AND 2, BLOCK
LISTED BELOW; AND
as follows: Jones,
voting "aye"; Strong
12. THIRD READING - ORDINANCE NO. 19086
AMENDING ARTICLE II, MARINA, SECTION 12-41, APPLICABILITY OF ARTICLE, SECTION
12-60, WHAT PERSONS PERMITTED ON CATWALKS AND SLIPS, PROHIBITING UNAUTHORIZED
PERSONS TO USE THE MARINA; SECTION 12-61 RATES AND RENTAL FEES FOR USE OF SLIPS
AND DOCKSPACE - SCHEDULE AND REGULATIONS, BY ADDING DEFINITIONS FOR UNAUTHORIZED
CRAFT AND TEMPORARY CRAFT, SETTING DAILY RATES FOR TEMPORARY AND UNAUTHORIZED
CRAFT, REQUIRING TEMPORARY OR TRANSIENT CRAFT TO REGISTER UPON ENTRY IN THE
MARINA, AND SETTING PENALTIES FOR FAILURE TO REGISTER; SECTION 12-63, RESTRAINT
OF CRAFT WHEN NOT PAID, PROVIDING FOR TAKING UNAUTHORIZED CRAFTS INTO CUSTODY,
PROVIDING NOTICE AND SALE AT PUBLIC AUCTION FOR FEES, CHARGES, AND EXPENSES AND
COSTS OWED TO THE MARINA; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of item 13, a regular motion.
13. Authorizing the McGloin Road Water System Improvements as a 10th Year
Community Development Block Grant Program project. Funds are available in
the City's 10th Year Community Development Block Grant Program.
City Manager Martin explained that a 2" water line currently serves San
Juan Subdivision; it is a very inadequate line; this action will extend the
water line to serve the properties in that subdivision by installation of a 12"
line, fire hydrants, and related improvements; the action will also adopt a
Minutes
Regular Council Meeting
November 12, 1985
Page 6
program to insure that these properties are properly served; and it authorizes
funds for utility improvements.
Council Member Guerrero stated that he is very pleased with this project,
and Mayor Jones stated that the project could not be performed if it were not
for CDBG funds.
In response to a question from Council Member Berlanga, City Manager Martin
stated that rehabilitation funds are available for the area through the existing
city program.
A motion was made by Council Member Guerrero that motion 13 be approved;
seconded by Council Member Mendez; and passed unanimously, with Council Member
Strong being absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Ordinances 14 and 15 listed on the
Regular Agenda.
Referring to Ordinance 14, amending the zoning ordinance upon application
of Nueces Associates, Ltd. by granting a special permit for a shopping center
with ten conditions, City Manager Martin explained that the public hearing on
this case was heard on November 5, 1985.
Assistant City Manager Tom iiltter displayed the site plan to the City
Council and pointed out the area that relates to the special permit. Mr. Utter
noted that the developer shows a fence and landscaping on the portion that is
not covered by the special permit.
Mayor Jones stated that he was under the impression that the special permit
would affect the area zoned "B-1" also.
City Manager Martin emphasized that the special permit was for the one lot
only, but the site plan does show a fence on the adjacent lot which is zoned
Council Member McComb inquired if it would be appropriate to have an
addendum that the site plan would be in effect on the "B-1" tract.
City Manager Martin stated that the developer had agreed to extend the
fence on the property zoned "B-1", but there is no legal way the Council can
require special conditions on the "B-1" tract. Mr. Martin stated that "B-1"
zoning requires a 6 -foot screening fence, but the developer has voluntarily
agreed to place an 8 -foot fence, as on the lot zoned "SP."
Assistant City Attorney Jay Doegey stated that deed restrictions could be
placed on the lot zoned "B-1" to include an 8 -foot fence, and Mr. John Tatum,
representing Nueces Associates, Ltd., stated that he would agree to place the
deed restrictions.
Minutes
Regular Council Meeting
November 12, 1985
Page 7
City Manager Martin stated that the Council could instruct the staff not to
issue any building permits until deed restrictions are filed.
Mayor Jones inquired if an llth condition could be placed on the special
permit to require an 8 -foot fence on the "B-1" tract, and Mr. Martin stated that
a condition could not be placed on that tract, but it could be noted that an
8 -foot fence should be placed on the "B-1" lot for the purpose of continuity,
and deed restrictions can be filed.
Mr. Utter pointed out that the site plan does note the 8 -foot fence on both
lots.
Council Member Slavik stated that she would vote against the ordinance due
to increased traffic problems the shopping center will create.
Mayor Pro Tem Best stated that the developer has done everything possible
to comply with the requests of the surrounding residents.
Mayor Jones called for comments from the audience; there was no response;
City Secretary Chapa polled the Council for their vote; and the following was
passed:
14. ORDINANCE NO. 19087
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES ASSOCIATES, LTD. BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A SHOPPING CENTER WITH CERTAIN CONDITIONS
ON BLOCK 8, CULLEN PLACE UNIT 1 SUBDIVISION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, and Pruet voting "aye"; Slavik voting
"no"; Strong absent.
Mayor Jones referred to Ordinance 15, amending the junked vehicle
ordinance, and complimented Council Members Mendez and McComb for the work they
performed in regard to junked cars.
Mayor Jones called for comments from the audience; there was no response;
City Secretary Chapa polled the Council for their vote as follows:
15. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE II, DIVISION 2, JUNKED
VEHICLES, SECTION 13-40 TO PROVIDE A PROCEDURE FOR ENFORCEMENT AND REMOVAL OF
JUNKED VEHICLES AS PUBLIC NUISANCES NOTICE AND PUBLIC HEARINGS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to second reading by the
following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting
"aye"; Guerrero absent at the time the vote was taken; Strong absent.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
November 12, 1985
Page 8
Mayor Jones announced the public hearing on two zoning cases.
16. Application No. 1085-5, Nueces National Bank Board Trust: for a change of
zoning from "AB" Professional Office District to "B-4" General Business
District on Lots 1 and 2, Block 4, Roosevelt Place, located on the
southeast corner of South Port Avenue and Brannan Street.
Assistant City Manager Tom Utter stated that in response to the 13 notices
of the public hearing mailed, two were returned in favor and none were returned
in opposition. He stated that the Planning Commission and Planning Staff
recommend approval.
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map and showed slides of the vicinity.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best that the hearing be closed; seconded by Council Member Mendez; and
passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change as follows:
ORDINANCE NO. 19088
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES NATIONAL BANK BOARD
TRUST BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 AND 2, BLOCK 4,
ROOSEVELT PLACE FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Guerrero absent
at the time the vote was taken; Strong absent.
* * * * * * * * * * * * *
17. Application No. 1085-6, Bearco Development Company: for a change of zoning
from "I-2" Light Industrial District to "T -1C" Mobile Home Subdivision
District on a parcel of land being 12.551 acres out of Lot 3, Block 9, J.C.
Russell Farm Blocks, located generally between Navigation Boulevard and Old
Brownsville Road, approximately 1,300' north of Bear Lane.
Mr. Utter stated that in response to the 5 notices of the public hearing
mailed, none were returned in favor and one was returned in opposition. He
stated that the Planning Commission and Planning Staff recommend approval.
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map and showed slides of the vicinity.
Minutes
Regular Council Meeting
November 12, 1985
Page 9
There were no comments from the audience; a motion was made by Council
Member Mendez that the hearing be closed; seconded by Council Member Berlanga;
and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change as follows:
ORDINANCE NO. 19089
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEARCO DEVELOPMENT COMPANY BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 3, BLOCK 9, J.C.
RUSSELL FARM BLOCKS FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "T -1C" MOBILE HOME
SUBDIVISION.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong
absent.
* * * * * * * * * * * * *
Council Member McComb inquired as to the length of time inducement
resolutions are in effect, and Mr. Utter stated that the resolutions are usually
good for six months, but that that is at the discretion of the development
corporation. He stated that the staff is still working on the resolutions for
the Bonilla Plaza, which Mr. McComb had reference to.
* * * * * * * * * * * * * *
Mayor Jones called for appointments to the Nueces County Community Action
Agency.
A motion was made by Council Member Berlanga that the following be
appointed to the Nueces County Community Action Agency, seconded by Council
Member Guerrero, and passed unanimously:
Mayor Pro Tem Dr. Jack Best (term to 11/86)
Council Member David Berlanga, Sr. (term to 11/86)
Council Member Linda Strong (term to 11/86)
Council Member Leo Guerrero (term to 11/86)
Council Member Frank Mendez (term to 11/86)
The following were selected to represent the Council Members: Sandra
Gonzalez to represent Mayor Pro Tem Best; Council Member Berlanga to represent
himself; Carlos Valdez to represent Council Member Mendez; Council Member
Guerrero stated that he would appoint his representative at a later date; and at
the Mayor's request, City Secretary Chapa will contact Council Member Strong in
reference to her representative.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
November 12, 1985
Page 10
City Manager Martin introduced the following employees participating in the
City's Mid -Management Program: Mary Ann Robinson, Accounts Payable Supervisor;
Gilbert Segovia, Federal Grants Supervisor; and Malcolm Matthews, Landscape
Architect.
* * * * * * * * * * * * *
City Manager Martin reminded the Council of the Texas Economic Development
Commission meeting on Thursday, November 14, 1985, and stated that the staff
plans to make a presentation at the meeting to encourage business placement in
Corpus Christi.
* * * * * * * * * * * * *
City Manager Martin reminded the
meeting on December 10th or December
commence at 9:00 a.m. and adjourn at
possible that special meetings will
Capital Improvement Program.
Council that there would not be a Council
24th, and the December 31st meeting would
12 noon. He also stated that it would be
be held in the near future regarding the
* * * * * * * * * * * * *
City Manager Martin provided the Council with various charts and graphs
relative to the City's utility rates as compared to other Texas cities. Mr.
Martin stated that he has heard comments that Corpus Christi has high utility
rates, and pointed out that the data provided confirms the inaccuracy of those
comments.
Mayor Jones inquired if the Council could be provided with similar data
regarding the tax rate, and Mr. Martin stated that he would provide this infor-
mation.
Council Member Slavik stated that in the 1970's the City's rates were high,
and Mr. Martin stated that he had never seen any data supporting that statement.
Mr. Martin informed the Council that this data was compiled as a part of the
City's economic development package.
* * * * * * * * * * * * *
Mayor Jones called for appointment to the Cable Communications Commission
with a term to July 27, 1986.
A motion was made by Council Member Guerrero that Mr. Maurice L. Shaw, Jr.
be appointed; seconded by Council Member Pruet; and passed unanimously.
* * * * * * * * * * * * * *
Council Member Guerrero inquired if an ordinance existed regulating satel-
lite dish placement, and City Manager Martin stated that satellite dishes are
affected only by the standard setback requirement.
Minutes
Regular Council Meeting
November 12, 1985
Page 11
* * * * * * * * * * * * *
There were no petitions from the audience.
There being no further business to come before the Council, on motion by
Council Member Berlanga, seconded by Council Member Pruet and passed unani-
mously, the Regular Council Meeting adjourned at 3:26 p.m., November 12, 1985.
/td
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of November
12, 1985, which were approved by the City Council on November 19, 1985.
WITNESSETH MY HAND AND SEAL, this the 1(k -day of WO) VI'�) / q g
then nes, MAYOR
Armando Chapa City Secretary
City of Corpus Christi, Texas