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HomeMy WebLinkAboutMinutes City Council - 06/17/1986PRESENT: Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Joe McComb Frank Mendez Bill Pruet ABSENT: Mayor Luther Jones Leo Guerrero Mary Pat Slavik Linda Strong ,7O a (� MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 17, 1986 2:00 P.M. Acting City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa Mayor Pro Tem Best called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ralph Drews of New Testament Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McComb. City Secretary 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 McComb that Mayor Jones and Council Members Guerrero, Slavik, and Strong be excused from the meeting; seconded by Council Member Mendez; and passed unanimously. A motion was made by Council Member Pruet that the minutes of the Regular and Special Council Meetings of June 10, 1986 be approved as presented; seconded by Council Member Berlanga; and passed unanimously. * * * * * * * * * * Council Member McComb stated that Operation Paint Brush would be conducted Saturday, June 21; over 2000 people have volunteered to paint; and 136 homes will be painted. * * * * * * * * * * * MICROFILMED .iinutes Regular Council Meeting June 17, 1986 Page 2 Mayor Pro Tem Best administered the Oath of Office to Mr. Don Tyler, Private Industry Council, and Mr. Charles Thompson, Coastal Bend Health Facilities Development Corporation. * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the following items from the Workshop Meeting: M86-0290 Motion to accept the Staff's recommendation and direct the Staff to pursue filing an application for a matching grant from the Texas Parks & Wildlife Department for land acquisition and development of the Oso Greenbelt. A motion was made by Council Member McComb that the above listed action be approved; seconded by Council Member Pruet; and passed unanimously. M86-0291 Motion to open the public hearing scheduled for June 24, 1986, on the proposed annexation of areas adjacent to the City of Corpus Christi at the scheduled time of 2:00 p.m., hear testimony from citizens, following which the public hearing will be recessed until 6:00 p.m., June 24th, at which time additional comments from the public will be heard. A motion was made by Council Member Pruet that the above listed action be approved; seconded by Council Member McComb; and passed unanimously. * * * * * * * * * * * * Mayor Pro Tem Best informed the audience that the Council had discussed the agenda items during the morning workshop meeting, and Council Member Mendez stated that the Council receives backup material regarding each agenda item. Mayor Pro Tem Best called for consideration of the following Consent Motions, items 1 through 14: 1. M86-0292 Approving a supply agreement for commercial, automotive, and golf cart batteries with Energy Battery based on low bid of $30,694.10. The term of this agreement will be twelve months 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. Thirteen bid invitations were issued, seven bids were received. Prices have increased approximately 4% from last contract of April, 1984. Funds were approved in the 1985-86 budget. 9inutes Regular Council Meeting June 17, 1986 Page 3 2. M86-0293 Approval of specifications and authorization to receive bids for large lamps, including incandescent, fluorescent, high intensity discharge, quartz, projector, airport, and energy lamps to be used by various departments. The term of this agreement will be twelve months 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. Estimated annual expenditure is $35,950, and funds were approved in the 1985-86 budget. 3. M86-0294 Approval of specifications and authorization to receive bids for one 1,300 gallon vacuum truck with modified cab and chassis to be used by the Wastewater Division to load and unload sewage waste and digested sludge. The estimated cost is $36,900, and funds were approved in the 1985-86 budget as a replacement item. 4. M86-0295 Approving the transfer of 49% of the interest in Jomark Surreys, a corporation, from Mr. W. D. Boone to Mr. R. J. Nelson, Jr. This change of ownership has been requested by Mr. Danny Polinard, President of Jomark Surreys, Inc. 5. M86-0296 Authorizing the City Manager or his designee to receive proposals for the use of the 252 sq. ft. office building located on the L -Head for a term of 3 years. Bids will be received at the Marina Office until 2:00 p.m., July 7, 1986. 6. M86-0297 Authorizing the City Manager or his designee to enter into a contract with Lord and Applegate, Inc. to complete the sand trap improvements at the Oso Golf Course. Funds are available from the Golf Course Improvement Program to cover the cost of the preliminary phase in the contract amount of $24,131.19. 7. M86-0298 Authorizing the City Manager or his designee to enter into an agreement with KUNO Radio Station for the use of Hector P. Garcia Park for the 3rd Annual KUNO State Hispanic Festival to be held from 4:00 p.m. to 10:00 p.m. on June 28 and 29, 1986. KUNO will deposit $13,000 prior to the event to cover the City's logistical arrangements such as site improvements, utility ninutes Regular Council Meeting June 17, 1986 Page 4 set-up, security, sanitation and labor. The Park and Recreation Board approved of the festival at their March meeting. 8. Item Withdrawn - See Page 5 4id016tiit4ilthkl0411k4Akelddldlt44d/tlbflk, Mkkk IlSdde'd11414641YISiitifig H414/6H/M4¢/2/1/i9H4i 4/ THklkttkbtltkadAlbkkblf lltMelldd]/11W4W4/11/4JYidrddddld+1064144441444 bf/014/4tti4t/H4/i64t0461 Hl 41bd4104i/044t4ti$lttiffi41041114dl0141X004f46tli6H4/644ti6410410ft440 14/44t4$iUUH46l 41 TH4/lcldktWiii1IAIWei1 M& 4/ltk¢Altklli%4/lsWWVYddl/off/IMkkkkllUtt64t Sif04041,6 lakkkk/lalnkyIV*14d010i6164tfflAdalk411 t:EINdialidittlii4 466446043W 9. M86-0299 Accepting the fifth water well drilled by Crowell Drilling Company and authorizing final payment for this well in the amount of $32,281.49. The total cost of this well, which was drilled on the Smith lease near Lake Corpus Christi, is $121,356.25. Two more supplemental wells will be drilled by the Crowell firm under their present contract. 10. M86-0300 Approving plans and specifications and authorizing the receipt of bids on July 15, 1986, for modifications to the Broadway Wastewater Treatment Plant to handle the hydraulic loading and sewage overflows which occur during heavy rains. The work will include pumping and piping modifications to enable the plant to handle flows up to 20 MGD during high flow conditions only. The proposed modifications have been approved by the Texas Department of Health, and funds for this work are available in the Sanitary Sewer Bond Fund. 11. M86-0301 Awarding a contract in the amount of $9,188 to Malek, Inc. for the installation of three air cooler condensers at the Corpus Christi Museum. The three condensers were salvaged during the demolition of Exposition Hall and should provide the approximate 50 tons of air cooling load which the Museum presently needs. Funds for this work are available in the Museum Operating Budget. .linutes Regular Council Meeting June 17, 1986 Page 5 12. M86-0302 Approving the following actions on the construction of Tiger Lane from Weber Road to Flynn Parkway: a. The public hearing on the proposed opening of this new street be scheduled for July 8, 1986. b. The plans and specifications for the project be approved and bids be received on July 22, 1986. This 1982 Street Bond project provides for the construction of a collector street as shown on the Master Transportation Plan to improve access and traffic circulation in the area between the street and South Padre Island Drive. 13. Item Withdrawn - See Page 5 AitUttttfiilkilklWAVIK4144511ld7/1%141dkh4Abkk/,/ tkila4tdddlilddd/dd/Agtiiiiiit O1tM/tNk/Pkbkiliali alkhk/AWtht /Je'WWWW 1gilddd-fdddPi'd /dtgdv(iddiidiYl14M4! 814/AkMakkd/add+tdillbillWaWdo'ddlliii ilik1hlddlidi'ddX/kkhrigafikklhAiltMk 44,6416$�kfit/Mt/A/Ft4a4t4d�kMt/�4tt444M/24fit4t/14t/tMk/2bttda/¢Mf14t1/Atk4! 14. M86-0303 Authorizing a cooperative agreement between the City of Corpus Christi and Del Mar College for training of emergency medical services personnel in the amount of $37,500 for a period of 15 months. Mayor Pro Tem Best stated that items 8 and 13 would be withdrawn from consideration. In regard to item 14, EMS personnel training, Council Member McComb inquired if this included existing firemen, and Mr. Briones replied in the affirmative. There were no comments from the audience; a motion was made by Council Member Mendez that Consent Motions 1 through 14, excluding items 8 and 13, be approved; seconded by Council Member McComb; and passed unanimously. * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the Consent Ordinances, items 15 through 21. In regard to item 15, approving change orders 3 and 4 to the contract for the Flour Bluff Plant Expansion project, Council Member Mendez asked what firm performed the original engineering work for this project, and Assistant City Manager Lontos stated that it was Urban Engineering. .9inutes Regular Council Meeting June 17, 1986 Page 6 There were no comments from the audience; City Secretary Chapa polled the Council for their vote as follows: 15. ORDINANCE NO. 19352 APPROVING CHANGE ORDER NOS. 3 AND 4 TO THE CONTRACT WITH BASIC CONSTRUCTORS, INC. FOR THE FLOUR BLUFF PLANT EXPANSION PROJECT; APPROPRIATING $132,000; AND DECLARING AN EMERGENCY. The Charter Rule Berlanga, McComb, Strong absent. was suspended and the ordinance passed as follows: Best, Mendez, and Pruet voting "aye"; Jones, Guerrero, Slavik, and 16. ORDINANCE NO. 19353 APPROPRIATING FINAL PAYMENT AND DECLARING The Charter Rule Berlanga, McComb, Strong absent. $9,500 OUT OF NO. TO THE CONTRACTOR, AN EMERGENCY. was suspended and Mendez, and Pruet 17. ORDINANCE NO. 19354 250 SANITARY SEWER BOND FUND TO FACILITATE CLAUDE CHAPMAN CONSTRUCTION COMPANY, INC.; the ordinance passed as follows: Best, voting "aye"; Jones, Guerrero, Slavik, and AUTHORIZING THE EXECUTION OF AN AMENDED JOINT CONTRACT WITH NUECES COUNTY FOR THE PURPOSE OF OPERATING THE NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION (MH -MR) COMMUNITY CENTER AND CONTRIBUTING $60,000 IN FINANCIAL SUPPORT TO THE CENTER THROUGH JULY 31, 1987, UPON ADOPTION OF THE 1986-87 BUDGET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, McComb, Mendez, and Pruet voting "aye"; Jones, Guerrero, Slavik, and Strong absent. 18. ORDINANCE NO. 19355 AMENDING ORDINANCE NO. 18675 BY AUTHORIZING THE EXECUTION OF AN AMENDED GRANT AND LOAN AGREEMENT WITH THE NUECES COUNTY SENIOR CITIZENS TO PROVIDE FOR AIR CONDITIONERS, SCREEN DOORS, PEEP HOLES, AND STORM SHUTTERS FOR THE PALACIO RESIDENTIAL SECTION 202 HOUSING PROJECT IN LIEU OF PAVING THE FIRE LANE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, McComb, Mendez, and Pruet voting "aye"; Jones, Guerrero, Slavik, and Strong absent. ninutes Regular Council Meeting June 17, 1986 Page 7 19. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FARM LEASE AGREEMENT WITH RAYMOND AND RONNIE KLOSTERMANN, DBA, KLOSTERMANN FARMS, FOR 23.099 ACRES OF LAND WHICH WERE ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT FOR A TERM OF THREE YEARS. The Ordinance was read for the first time and passed to second reading as follows: Best, Berlanga, McComb, Mendez, and Pruet voting "aye"; Jones, Guerrero, Slavik, and Strong absent. 20. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FARM LEASE AGREEMENT WITH EDWARD NEMEC FOR 20.598 ACRES OF LAND WHICH WERE ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT FOR A TERM OF THREE YEARS. The Ordinance was read for the first time and passed to second reading as follows: Best, Berlanga, McComb, Mendez, and Pruet voting "aye"; Jones, Guerrero, Slavik, and Strong absent. 21. THIRD READING - FAILED TO PASS (Note: Vote rescinded - See page 9) AMENDING THE CITY CODE, ARTICLE 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES, SECTION 36-11, CURFEW, ALCOHOLIC BEVERAGES, SUBSECTION (b) AND ADDING A NEW SUBSECTION (c); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the third time and failed to pass as follows: Berlanga, McComb, Mendez, and Pruet voting "aye"; Best voting "no"; Jones, Guerrero, Slavik, and Strong absent. * * * * * * * * * * * * * Mayor Pro Tem Best informed the audience that Ordinance 22, cancelling Coastal Public Lands leases, had been withdrawn in order that more information may be provided to the Council before this is considered again. Mr. Bob Bonner stated that he would like information regarding this, and Acting City Manager Briones stated that he would arrange a meeting between Mr. Bonner and Assistant City Manager Bill Hennings. Mrs. Cynthia Gutierrez, KUNO Radio, thanked the Council for approving the use of Hector P. Garcia Park for the 3rd Annual KUNO State Hispanic Festival. Mrs. Gutierrez stated that it is a pleasure to work with the Park and Recreation Department on this project, and urged the Council to attend the festival. * * * * * * * * * * * * * In regard to Ordinance 21, City Attorney Hal George informed the Council that Article II, Section 16(c) of the City Charter states that every ordinance dinut e s Regular Council Meeting June 17, 1986 Page 8 shall require the affirmative vote of a majority of all of the Council. He stated that this is being reviewed further at this time. * * * * * * * * * * * * * Mayor Pro Tem Best announced the public hearing on the following: 23. Contractual Annexation of 16.3 acres of land out of Lots 17, 18, 25, 26, and 31, Section 6, and Lots 1-4, Section 7, Flour Bluff and Encinal Farm and Garden Tracts, owned by Corpus Christi Land Venture. Mr. Larry Wenger, Director of Planning, displayed a transparency of the area and stated that this area is between Everhart and Staples and includes the Oso Parkway. He stated that this involves 2.17 miles of roads, and utilities are in place. There were no comments from the audience; a motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Mr. Wenger stated that the ordinance authorizing execution of the annexation contract would be on the agenda next week. * * * * * * * * * * * * * A motion was made by Council Member McComb that the Council recess until 2:30 p.m.; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * * The Council reconvened at 2:30 p.m. Mayor Pro Tem Best announced the public hearing on two zoning cases. 24. Application No. 486-10, Martini Brick Sales: For a change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District on Lot 1, Block 2, Nottarb Place, located at the northwest corner of Kram Street and Bratton Road. Mr. Utter stated that in response to the 10 notices mailed; 3 were returned in favor; 1 was returned against; and the Planning Commission and Planning Staff recommend granting "I-3" only on a small portion of the subject property. There were no comments from the audience; a motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Mr. Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. .,inutes Regular Council Meeting June 17, 1986 Page 9 In response to a question from Council Member McComb, Mr. Wenger explained that the Fire Code prohibits the installation of above ground fuel storage facilities in any area except those zoned "I-3"; therefore, a special permit could not be granted for this use. Council Member Berlanga asked that the notice in opposition be read. In response to a question from Council Member Berlanga, Mr. Utter stated that "I-3" zoning on this small area should not affect the insurance rates of the surrounding property owners. City Secretary Chapa polled the Council for their vote on the ordinance and it failed to pass as follows: ORDINANCE - FAILED TO PASS (Note: Vote was rescinded - See Page 9) AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARTINI BRICK SALES BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, BLOCK 2, NOTTARB PLACE FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "I-3" HEAVY INDUS- TRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance failed to pass as follows: Best, McComb, Mendez, and Pruet voting "aye"; Berlanga voting "no"; Jones, Guerrero, Slavik, and Strong absent. * * * * * * * * * * * * * Council Member McComb requested a ruling from the City Attorney before any further action is taken on ordinances. City Attorney George stated that passage of an ordinance requires the affirmative vote of a majority of all the Council. Mr. George stated that a motion could be made to reconsider or the Council could vote to rescind the action on the ordinance. He explained that to rescind the vote on the ordinance requires a two-thirds vote of the members present. A motion was made by Council Member McComb to rescind the action taken on Application No. 486-10, Martini Brick Sales; seconded by Council Member Mendez; and passed unanimously. A motion was made by Council Member McComb to rescind the action taken on ordinance 21, amending the Code of Ordinances to provide a curfew of 10:00 p.m. in neighborhood parks; seconded by Council Member Mendez; and passed by the following vote: Berlanga, McComb, Mendez, and Pruet voting "aye"; Best voting "no." * * * * * * * * * * * * .Minutes Regular Council Meeting June 17, 1986 Page 10 25. Application No. 486-12, Messrs. Mark Foster and Marvin W. Smith: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 5 and 6, Block 1, Nan Jean Park, located on the east side of Weber Road, approximately 225' north of Delphine Street. Mr. Utter stated that in response to the 36 notices mailed; 14 were returned in favor; none were returned against; and the Planning Commission and Planning Staff recommend Denial of "AB", and in lieu thereof, grant a special permit for "AB" uses with a shared driveway. There were no comments from the audience; a motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Pruet; and passed unanimously. Mr. Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Council Member McComb inquired if this special permit is within the guide- lines that have been established for Williams Drive, and Mr. Utter replied in the affirmative. In response to a question from Council Member Pruet, Mr. Utter stated that in the future, some allowances would have to be made on Williams Drive. City Secretary Chapa polled the Council for their vote on the ordinance and the following passed: ORDINANCE NO. 19356 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARK FOSTER AND MARVIN W. SMITH BY GRANTING A SPECIAL COUNCIL PERMIT FOR "AB" USES WITH SHARED DRIVEWAYS IN ACCORDANCE WITH A SITE PLAN ON LOTS 5 AND 6, BLOCK 1, NAN JEAN PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, McComb, Mendez, and Pruet voting "aye"; Jones, Guerrero, Slavik, and Strong absent. * * * * * * * * * * * * * Council Member Berlanga referred to a letter the Council had received regarding Mr. Darron Anderson, a recent graduate of Tuloso-Midway High School. Mr. Berlanga stated that Mr. Anderson has been invited to participate in the International Sports Exchange Program and he has been invited to participate in an event in the Fiji Islands as a representative of Corpus Christi and the United States. He stated that Miss Michelle Villarreal is trying to help him raise funds so that he may participate in this event. ._minutes Regular Council Meeting June 17, 1986 Page 11 Miss Villarreal stated that she is trying to help Mr. Anderson obtain funds so that he may go to the Fiji Islands and she asked for the Council's assistance. Acting City Manager Briones stated that he is not aware of any method of using public funds for matters of this nature. Council Member Mendez stated that he would speak to the Northwest Business Association regarding this, and suggested that Miss Villarreal approach civic organizations to request assistance. Council Member McComb informed Miss Villarreal that she could obtain a list of civic organizations from the Chamber of Commerce. * * * * * * * * * * * * Mayor Pro Tem Best called for petitions from the audience. Mrs. Deidre Norton, incoming Chairman for the Library Board, thanked the Council for their support of the new library and stated that the 1986-87 Budget does not provide enough funding for the library. Mayor Pro Tem Best stated that the Council is conducting Budget Workshop meetings and this has not yet been discussed by the Council. Mr. Clifton Moss, 3837 Denver, stated that the library needs an increase in staff and asked that the Council give the library what it needs to operate effectively. There were no further comments from the audience; on motion by Council Member Berlanga, seconded by Council Member Pruet and passed unanimously, the meeting adjourned at 2:56 p.m., June 17, 1986. /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 June 17, 1986, which were approved by the City Council on June 24, 1986. WITNESSETH MY HAND AND SEAL, this the (°11`Aay of t � , 1986. Luther nes, MAYOR Armando Chapa City Secretary City of Corpus Christi, Texas