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HomeMy WebLinkAboutMinutes City Council - 08/12/1986PRESENT: Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Absent Mayor Luther Jones Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 12, 1986 2:00 P.M. City Manager Craig McDowell 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 Council Member Slavik, following which the Pledge of Allegiance to the Flag of the United States was led by City Manager McDowell. 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 Berlanga that the absences of Mayor Jones and Council Member Strong be excused; seconded by Council Member McComb; and passed unanimously. A motion was made by Council Member Slavik that the minutes of the Regular Council Meeting of August 5, 1986 be approved as presented; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * Mayor Pro Tem Best announced a presentation by P.A.D.R.E.S. (Drug Busters). Mr. Joe Gonzales and Mr. Robert Gonzales stated that they would like the City Council to participate on the Celebrity Softball Team. They then provided the Council with contract forms and stated that there would be a game on Sunday, August 17, at 5:00 p.m. at the Jaycee Field next to Ray High School. Mr. Gonzales stated that P.A.D.R.E.S., with the support of various businesses, MICROFILMED ..inutes Regular Council Meeting August 12, 1986 Page 2 continue to reinforce the interaction between the parents and children in combatting drug abuse. * * * * * * * * * * * * * Dr. Best called for consideration of the consent motions; there were no comments from the audience; a motion was made by Council Member Mendez to approve Consent Motions 1 through 8; seconded by Council Member Guerrero; and passed unanimously. 1. M86-0356 Approving the following actions on the Gollihar Road Water Storage Tank project: a. The contract awarded to Peacock General Contractors on July 1, 1986, by Motion 1/M86-0322, be annulled due to this firm's inability to provide required performance and payment bonds for the project. b. The bid security of Peacock General Contractors be forfeited as required. c. A contract in the amount of $180,966 be awarded to the second low bidder, Travis Industrial Painters, Inc. to repair and paint the Gollihar Road Water Storage Tank. This project will be funded from the Water Division Budget. 2. M86-0357 Approving a supply agreement for water meter parts for the Water Division based on low bid to the following companies for an estimated expenditure of $56,000. 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. Bidders were asked to bid a percentage of discount from their published price list. Six bid invitations were issued and four bids were received. Prices have increased approximately 5% from last contract of May, 1985. Rockwell International Percent of Discount off of Price List Rockwell meter parts 5/8" x 3/4", 1"- 2" sealed register 10% 2" - 4" single dial compound 10% 2" - 10" turbo meters 10% Estimated Annual Usage: $30,000 minutes Regular Council Meeting August 12, 1986 Page 3 Carlon Meter Company Carlon meter parts 5/8" x 3/4", 3/4" - 2" Estimated Annual Usage: $11,000 S.L.C. Meter Parts & Repair Trident meter parts 5/8" x 3/4", 3/4" - 1}" Estimated Annual Usage: $15,000 Total Est. Annual Usage: $56,000 3. M86-0358 Approving the purchase Supply Company, based $23,000. The system sanitary sewer lines. were received. 4. M86-0359 NET 15% of a miniature television camera system on low bid meeting specification, for will be used by Wastewater Services Three bid invitations were issued and from Naylor a total of to inspect three bids Approval of specifications and authorization to receive bids for Police uniform accessories including belts, gun holsters, and handcuffs. 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. These items will be used by the Police Department. Estimated annual expenditure is $10,500 and funds were approved in the 1986-87 Budget. 5. M86-0360 Approving plans and specifications and authorizing the receipt of bids on September 9, 1986, for improvements to Castle, Middlecoff, Woodland and Wooldridge Parks. Proposed improvements include landscaping, installation of modular play units, covered picnic units, barbeque grills, benches, fitness courses, lighting, and the construction of gazebos and multi-purpose courts. Funds for this work are available in the Park Bond Fund and Park Trust Fund. 6. M86-0361 Approving plans and specifications and authorizing the receipt of bids on September 3, 1986, for Corpus Christi Beach piling removal. This project provides for the removal of approximately 65 piling at the former Mai Tai Pier location on Corpus Christi Beach. Ten of the salvaged piling will be installed as replacement piles at selected locations within the City Marina and the remainder will be stockpiled at the Street Division Maintenance Yard at West Broadway and Burns Street. Funds for this work are available in the Park Bond Fund and Marina Reserve Fund. .shutes Regular Council Meeting August 12, 1986 Page 4 7. M86-0362 Authorizing acquisition of a parcel of land (1126) located and Countiss Drives at a cost of $2,300 for the Turkey Improvements project. Funds were previously appropriated 1984, by Ordinance No. 18425. 8. M86-0363 Scheduling a public hearing to be held on August 28, of Planning in the Committee Room, City Hall, 8:30 a. public hearing be held on September 2, 1986, by the p.m., on the contractual annexation of a 22.95 acre Lot 8, Section 19, Bohemian Colony Lands. * * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the through 19. between McCain Creek Drainage on August 21, 1986, by the Director m., and that a second City Council at 2:00 tract of land out of Consent Ordinances, 9 Council Member McComb referred to Ordinance 18, opening of Tiger Lane, and inquired if bids have been received for this project. Assistant City Manager James K. Lontos stated that bids have been received; there will be a public hearing on assessments on September 9, which the Council will approve in items 10 and 11; and construction will begin approximately two weeks after the hearing. There were no comments from the audience on the Consent Ordinances; City Secretary Chapa polled the Council; and the following were approved: 9. ORDINANCE NO. 19432 CLOSING AND ABANDONING AN APPROXIMATE 158 SQUARE FOOT PORTION OF A 15 FOOT WIDE UTILITY EASEMENT IN LOT 3, BLOCK 8, SOLAR ESTATES UNIT 1, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 10. ORDINANCE NO. 19433 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT Weber Road to Flynn Parkway; AND DECLARING AN EMERGENCY. OF Tiger Lane, from The Charter Rule was suspended and the ordinance passed as Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting Strong absent. follows: Best, "aye"; Jones and Ainutes Regular Council Meeting August 12, 1986 Page 5 11. ORDINANCE NO. 19434 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET Tiger Lane, from Weber Road to Flynn Parkway; 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 FOR SEPTEMBER 9, 1986, DURING THE REGULAR 2:00 P.M. COUNCIL MEETING IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 12. ORDINANCE NO. 19435 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH KOCH GATHERING SYSTEMS, INC. FOR PIPELINE ADJUSTMENTS IN CONNECTION WITH THE McNORTON DRAINAGE OUTFALL PROJECT; APPROPRIATING $30,633; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 13. ORDINANCE NO. 19436 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 327 IN CONNECTION WITH THE CORPUS CHRISTI BEACH PROJECT; APPROPRIATING $40,492; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 14. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIESTA DEL SOL, INC. FOR TWO TRACTS OF LAND LOCATED ON C.C. BEACH. The Ordinance was read for the first time and passed to second reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 15. ORDINANCE NO. 19437 APPROPRIATING $8,220 OUT OF NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR THE PURCHASE OF ADDITIONAL COMPUTER EQUIPMENT FOR THE CONVENTION CENTER; AND DECLARING AN EMERGENCY. ziinutes Regular Council Meeting August 12, 1986 Page 6 The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 16. ORDINANCE NO. 19438 ADOPTING GUIDELINES FOR HERITAGE PARK TO REGULATE NEW CONSTRUCTION, ADDITIONS, ACCESSORY BUILDINGS AND OPEN SPACE AS RECOMMENDED BY THE CORPUS CHRISTI LANDMARK COMMISSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 17. FIRST READING AUTHORIZING THE CITY MANAGER TO RENEW A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR LEASE BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT OF A PART OF A 1.23 ACRE TRACT OR PARCEL AT THE SOUTH END OF LAKE CORPUS CHRISTI STATE PARK FOR RECREATIONAL PURPOSES, FOR A TERM OF FIVE YEARS AND RENEWAL FOR ADDITIONAL TERMS UPON AGREEMENT OF THE PARTIES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The Ordinance was read for the first time and passed to second reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 18. THIRD READING - ORDINANCE NO. 19439 ESTABLISHING THE OPENING OF A STREET TO BE KNOWN AS TIGER LANE WHICH WILL BEGIN AT WEBER ROAD ON THE NORTHWEST END, GENERALLY ABUTTING THE NORTH PROPERTY LINE OF MALIBU HEIGHTS NO. 1 AND CARROLL WOODS NO. 4 SUBDIVISIONS AND THE DRAINAGE EASEMENT ALONG SAID NORTH PROPERTY LINE, AND WHICH WILL TERMINATE AT FLYNN PARKWAY ON THE SOUTHEAST END; PROVIDING FOR CONSTRUCTION THROUGH DETERMINATION OF NECESSITY, APPROPRIATE ADVERTISING, CONTRACT AWARD, AND ASSESSMENTS, ALL BY SEPARATE ORDINANCE AS REQUIRED; AND PROVIDING FOR MAINTENANCE, TRAFFIC REGULA- TION AND ENFORCEMENT. The Ordinance was read for the third time and passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 19. THIRD READING - ORDINANCE NO. 19440 AMENDING CHAPTER 53, TRAFFIC, SECTION 53-253, SCHEDULE IV --STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS; AND SECTION 53-252, SCHEDULE III --PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ninutes Regular Council Meeting August 12, 1986 Page 7 The Ordinance was read for the third time and passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. * * * * * * * * * * * * * Mayor Pro Tem Best stated that the Council would canvass the results of the August 9, 1986 Annexation Election. City Secretary Chapa explained that telephone reports were received in his office on election night; the numbers reported were compared to the General Return Sheet that is prepared by the Precinct Judge for the Mayor and City Secretary; and a comparison of the reported results and the General Return Sheets reflected no discrepancies. He stated that state law requires the Council to canvass the election, and this may be done by comparing the General Return Sheets with the final tabulation. A comparison was then made of Precinct 65 and Precinct 75. A motion was made by Council Member McComb to accept the results; seconded by Council Member Guerrero; and passed unanimously. There were no comments from the audience; City Secretary Chapa polled the Council for their vote; and the following ordinances were approved: 20. ORDINANCE 19441 CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON THE 9TH DAY OF AUGUST, 1986, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE TERRITORY ADJACENT TO THE CITY OF CORPUS CHRISTI, DESCRIBED IN ORDINANCE N0. 19383, ORDERING SUCH ELECTION, SHOULD BE ANNEXED TO THE CITY OF CORPUS CHRISTI, TEXAS, AND DECLARING THE RESULTS OF SUCH ELECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. 21. FIRST READING AMENDING CHAPTER 53, TRAFFIC, SEC. 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; (Referring to Airport Road, Kostoryz Road, Staples Street, and Waldron Road) PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to second reading as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. * * * * * * * * * * * * * „mutes Regular Council Meeting August 12, 1986 Page 8 Mayor Pro Tem Best announced the public hearing on the following alley closure: 22. ALLEY CLOSING: The 15 -foot wide public alley in Block 3, Bay View Addition Unit 3. This alley, which extends from Morgan to Craig Street, could be physically closed on the ground concurrently with the Furman School Area Phase III Street Improvements presently under construction in the area. The staff concurs in the closure require subject to the entire width of the alley being retained as utility easement. Mr. Lontos stated that this alley is open on the ground; there is no access from the alley to each lot; it has a shell road; the request came as a result of citizens' complaints; and because of the improvements that are being constructed in the area, staff felt it was appropriate to initiate the closure of the alley. Mr. Lontos informed the Council that Southwestern Bell has cable in the alley, and the City has a 2” gas line; therefore, staff recommends that the alley be retained as an easement. He stated that there are a number of other alleys in the area that could be closed, and staff is reviewing these. In response to a question from Council Member Berlanga, Mr. Lontos stated that the alley can only be closed by Council action. He emphasized that the staff recommends closing the alley and is reviewing the possibility of closing other alleys in the area. Mayor Pro Tem Best called for comments from the audience. Mr. Jose Morales spoke in opposition, stating that he is contemplating installation of a driveway that would back onto the alley. Ms. Alicia Pedroza, spoke in favor of the alley closing, noting that there have been many fights in the alley and illegal drug traffiking. Dr. Best asked how the alley would be physically closed. Mr. Lontos stated that posts can be installed on both ends of the alley and a curb would be installed across the entrances to the alley. He noted that each abutting owner would receive one-half of the 15' alley; it would be retained as an easement; but the owner could fence the easement if desired. Mr. Lontos explained to Mr. Morales the purpose of an easement. In response to a question from Council Member Slavik, Mr. Lontos stated that his office has received complaints regarding the types of activities that are conducted in the alley. Council Member Slavik agreed with the closure, but stated that the City should do more than just install curbs along the drive, and Mr. Lontos stated that the entrances to the alley can be fenced if the Council desires. minutes Regular Council Meeting August 12, 1986 Page 9 Mrs. Jesus Rodriguez, 1209 14th Street, urged the Council to close the alley because of fighting that occurs there. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Slavik; and passed unanimously. A motion was made by Council Member McComb to close the alley;_ seconded by Council Member Guerrero; and passed unanimously. City Secretary Chapa stated that the ordinance effecting the closure would be on the Council agenda next week. * * * * * * * * * * * * Mayor Pro Tem Best announced the public hearing on three zoning cases. 23. Application No. C686-8, City of Corpus Christi: For a change of zoning from "B-1" Neighborhood Business District to "R -1B" One -family Dwelling District on Lot 2, Block 2, Washington Addition, located on the south side of West Point Road approximately 84' east of Angela Drive. Mr. Utter stated that in response to the 22 notices of the hearing, 4 were returned in favor; 2 were returned in opposition; and the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. In response to a question from Council Member McComb, Mr. Wenger explained that there was a request to rezone the corner lot, west of the subject property, from "R -1B" to "B-1"; the Planning Commission and Staff had recommended approval; it was denied by the City Council; therefore, the City requested that the two adjacent vacant "B-1" tracts be rezoned to "R -1B." There were no comments from the audience; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. City Secretary Chapa polled the Council for the vote on the ordinance effecting the zoning change, and it passed as follows: ORDINANCE NO. 19442 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, BLOCK 2, WASHINGTON ADDITION, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. —mutes Regular Council Meeting August 12, 1986 Page 10 The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. * * * * * * * * * * * * * 24. Application No. C686-10, City of Corpus Christi: For a change of zoning from "B-1" Neighborhood Business District to "R -1B" One -family Dwelling District on Lots 13A and 14A, Block 7, Molina II, located on the south side of Bloomington Street approximately 150' east of Molina Drive. Mr. Utter stated that in response to the 32 notices of the hearing, 2 were returned in favor; 0 were returned in opposition; and the Planning Commission and Planning Staff recommend approval. 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. There were no comments from the audience; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Slavik; and passed unanimously. City Secretary Chapa polled the Council for the vote on the ordinance effecting the zoning change, and it passed as follows: ORDINANCE NO. 19443 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 13A and 14A, BLOCK 7, MOLINA II, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Jones and Strong absent. * * * * * * * * * * * * * 25. Application No. C686-9, City of Corpus Christi: For a change of zoning from "B-1" Neighborhood Business District to "R -1B" One -family Dwelling District on Lot 1A, Block 3, Washington Addition, located on the southwest corner of West Point Road and Angela Drive. Mr. Utter stated that in response to the 24 notices of the hearing, 3 were returned in favor; 2 were returned in opposition; the Planning Commission recommends denial; and the Planning Staff recommends approval. .,inutes Regular Council Meeting August 12, 1986 Page 11 Mr. Utter stated that the property owner is against the rezoning because he would like to construct a filling station, and the staff would have no objection providing alcoholic beverages were not sold. 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. Mr. Raul Castillo, the property owner, stated that he would like to build a service station on the property; therefore, he does not want the zoning changed. In response to a question from Council Member Guerrero, Mr. Castillo stated that he would not object to a special permit for a service station, excluding the sale of alcoholic beverages. Mr. Utter reiterated that the staff would have no objection to the special permit provided there were no alcoholic beverages. Mr. Utter explained that in order to achieve the special permit, the Council needs to approve the change in zoning to "R -1B"; staff would initiate an application for "B-1"; and the Council could deny "B-1" and in lieu thereof grant a special permit for a filling station, excluding the sale of alcoholic beverages. In response to a question from Council Member Pruet, Mr. Castillo stated that he has owned the property for 20 years and it was zoned for business at that time. Mr. Utter explained that the objective in this area is to change the business zoning to residential zoning, as has been requested by the Planning Commission, due to the Council's denial of several zoning cases for "B-1." Mr. Utter stated that the Planning Commission, in this case, wanted to grant a special permit, but was unable to recommend that because if would have been an upgrade in zoning from the original application. It was clarified that the new application to change the zoning from what was being granted would be at no expense to Mr. Castillo. A motion was made by Council Member Guerrero that the zoning be changed from "B-1" to "R -1B" on Application No. C686-9; seconded by Council Member Mendez; and passed unanimously. * * * * * * * * * * * * * There were no petitions from the audience. City Secretary Chapa stated that the Council would meet in closed session under Article 6252-17, V.A.C.S., to discuss litigation at 2:55 p.m. * * * * * * * * * * * * * * There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member McComb and passed unani- mously, the meeting was adjourned at 3:03 p.m., August 12, 1986. /td r.s,iutes Regular Council Meeting August 12, 1986 Page 12 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 August 12, 1986, which were approved by the City Council on August 19, 1986. WITNESSETH MY HAND AND SEAL, this the i, day of Qp ,i /1/4 . / Armando Chapa City Secretary City of Corpus Christi, Texas