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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