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
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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