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HomeMy WebLinkAboutMinutes City Council - 05/05/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 5, 1987 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Mary Pat Slavik Council Members David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Absent Frank Mendez Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Ms. Irma Sanchez of the Church of the Latter Day Saints, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Slavik. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Guerrero that the Minutes of the Regular Council Meetings of April 21, 1987 and April 28, 1987 and the Workshop Meeting of April 28, 1987 be approved as presented; seconded by Mayor Pro Tem Slavik; and passed unanimously. A motion was made by Council Member Guerrero to excuse Council Members Frank Mendez and Linda Strong from the Council Meeting; seconded by Mayor Pro Tem Slavik; and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the McArdle Road Street Improvement Project. MICROFILMED .inutes Regular Council Meeting May 5, 1987 Page 2 Mr. James K. Lontos, Assistant City Manager, opened bids on the project from the following firms: Claude Chapman Const. Co., Inc.; Haas Paving Company; Heldenfels Brothers, Inc.; Ring Construction Company; Oceanside Asphalt, Inc. and Wright Way Construction Co. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond. He also stated that all of the companies had acknowledged receipt of the two addendums. Mayor Turner expressed appreciation to the bidders for submitting bids on the City projects. (The bids were tabled for forty-eight hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation.) 6. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Items 1 through * Item 6 was withdrawn pending further discussion. 1. M87-0169 Approving a supply agreement for pipe repair clamps for an estimated annual expenditure of $78,846.16 based an best bid to Aqua Utility Supply. 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. Funds were approved in the 1986-87 budget. 2. M87-0170 Approving the purchase of four tractor/loader/backhoes from Preco Machinery Co. based on best bid and low bid meeting specifications for a total award of $157,938. The units are for Water, Wastewater, and Gas Divisions, and funds were approved in the 1986-87 budget. 3. M87-0171 Approving the purchase of four chlorine scales from Moody Brothers, Inc. based on the low bid of $11,856. These items will be used by the Wastewater Division. Funds were approved in the 1986-87 budget. 4. M87-0172 Approving the purchase of one trench box from the Plank Company for a price of $13,336.72 based on only bid received. This item will be used by the Wastewater Division and funds were approved in the 1986-87 budget. 1inutes Regular Council Meeting May 5, 1987 Page 3 5. M87-0173 Approving the purchase of one 10-12 cubic yard dump truck from Lindley International for $47,299.05 based on low bid meeting specifications. The unit is to be used by the Water Division and funds were approved in the 1986-87 budget. There were no comments from the audience on Consent Motions 1 through 5. A motion was made by Council Member Guerrero that Consent Motions 1 through 5 be approved; seconded by Council Member Pruet; and passed unanimously. 6. M87-0174 * Authorizing the City Manager or his designee to execute a grant application and related documents for operation of the South Texas Library System located at Corpus Christi Public Library for SFY 1987-88. Council Member Rhodes inquired about the procedure for soliciting bids. City Manager McDowell responded that the City advertises through the local media and has a variety of different sources announcing the solicitation of bids and proposals. Council Member Moss referred to Item No. 6 pertaining to the South Texas Library System grant. In answer to his questions pertaining to the budget, City Manager McDowell responded that the budget provides $10,104 in Collection Development funds for the Corpus Christi public library. He stated that there is a computer terminal in the library and the $3,000 provided in the budget would enhance the system. He stated that he would report back to Council Member Moss regarding the budget from last year. There were no comments from the audience on Item No. 6. A motion was made by Council Member Guerrero to approve Consent Motion No. 6; seconded by Council Member Moss and passed unanimously. Mayor Turner requested that in reference to bids, that the Staff provide bid tabulations of comparative bids and also include the hometown of the companies bidding. * * * * * * * * * * * * Mayor Turner called for consideration of the Resolution pertaining to the Super Collider. City Secretary Chapa polled the Council for their votes; and the following Resolution was passed: 4inutes Regular Council Meeting May 5, 1987 Page 4 RESOLUTION NO. 19728 THAT THE CORPUS CHRISTI CITY COUNCIL FULLY SUPPORTS THE PROPOSAL SUBMITTED ON BEHALF OF THE SOUTH TEXAS SUPERCONDUCTING SUPER COLLIDER TASK FORCE. The foregoing Resolution passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, and Rhodes voting, "Aye"; Mendez and Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances on Items 7 through 10. Items 7 and 8 were withdrawn pending discussion. There were no comments from the audience on Items 9 and 10. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 9. ORDINANCE NO. 19731 AUTHORIZING THE EXECUTION OF A CONTRACT WITH ASSOCIATED ENGINEERS AND SURVEYORS AND WELSH ENGINEERING, A JOINT VENTURE, FOR THE DESIGN OF WEST ALLISON SANITARY SEWER TRUNK MAIN NO. 2; APPROPRIATING $144,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, and Rhodes voting, "Aye"; Mendez and Strong absent. 10. ORDINANCE NO. 19732 AUTHORIZING THE EXECUTION OF A CONTRACT WITH J & B CONTRACTORS, INC., dba SOUTH TEXAS UTILITY CONTRACTORS, FOR THE CONSTRUCTION OF APPROXIMATELY 6,500 LINEAR FEET OF 8 -INCH AND 10 -INCH SANITARY SEWER AND APPURTENANCES IN THE SAXET HEIGHTS AREA; APPROPRIATING $359,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet, and Rhodes voting, "Aye"; Mendez and Strong absent. Mayor Pro Tem Slavik referred to Item No. 7 pertaining to the People's Street T -Head improvements and asked if there were any graphics on the project. Mr. Malcolm Matthews, Landscape Architect with the Park & Recreation Department, displayed graphics of the T -Head improvements and stated it will be designed to be a people -oriented area consisting of twelve blue shade canopies. linutes Regular Council Meeting May 5, 1987 Page 5 He stated that the canopies meet the building code requirements and are made of a synthetic polyester material. He stated that the project will be completed about the end of May. Council Member Berlanga referred to Item No. 8 pertaining to the City/State Agreement for skid testing on City streets. He inquired as to how this testing would affect the life of the streets. Assistant City Manager Lontos stated that the results of the skid testing are a means of evaluating the performance and durability of the street materials being used for street maintenance. There were no comments from the audience on Items 7 and 8 of the Consent Ordinances. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed: 7. ORDINANCE NO. 19729 AUTHORIZING THE EXECUTION OF A CONTRACT WITH PROGRESSIVE STRUCTURES, INC., FOR THE CONSTRUCTION OF TWELVE SHADE CANOPIES AND ONE LARGE CENTRAL SHADE STRUCTURE ON THE PEOPLES STREET T -HEAD; APPROPRIATING $75,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet and Rhodes voting, "Aye"; Mendez and Strong absent. 8. ORDINANCE NO. 19730 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION ACT CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE PERFORMANCE OF A SKID TESTING PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet and Rhodes voting, "Aye"; Mendez and Strong absent. Mayor Turner referred to Item No. 11 scheduling a public hearing to consider the closure of portions of Burton and Nelson Streets. City Manager McDowell distributed to the Council Members a letter of agreement which was approved by the attorney for the Blanche Moore Estate. He stated that the developers have agreed to place a note on the final plat of the tract not allowing access through Burton and Nelson Lanes to Williams Drive. He stated that the language for the note is attached to the letter of agreement. He stated that this item could be removed from the agenda and that the developers could proceed with the development if legal access is available. Sinutes Regular Council Meeting May 5, 1987 Page 6 Council Member Guerrero inquired about the difference between legal and physical access. City Manager McDowell stated that legal access would allow the developers to plat and develop internally the lots within their property, but because of the covenant would not allow them to ingress and egress onto Williams through Burton and Nelson. In answer to a question from Council Member Guerrero about what would happen if the property were sold, Mr. McDowell stated that if the property is sold, there is a covenant which will run with the land and would prevent access until such time that the plat were changed. He also explained that if the plat were changed it cannot be done without a public hearing before the Planning Commission, and this probably wouldn't happen for a number of years. In answer to a question from Mayor Pro Tem Slavik pertaining to the covenant, Mr. McDowell responded that it was the Council's decision to allow access through Betty Jean, but not through Burton and Nelson. He stated that the covenant will not allow physical access from Burton and Nelson. City Attorney Hal George stated that as long as the note is on the plat, there will not be access. He stated that the only way that there could be access would be for the note to be removed from the plat, and in order for that to happen, it would have to go the Planning Commission and there would be a public hearing. Council Member Guerrero stated that a compromise was reached in reference to access for the development. He expressed his concern about what would happen in future years and asked if the covenant could include a time period attached to secure the residential area, i.e., 10 years. Mayor Turner stated that she would like it to go on record that as long as the property on Williams is residential property that those two streets not be opened, not to provide access from the property onto Williams. Ms. Sandy Luccio, 5106 Williams Drive, inquired why the right-of-way of the property couldn't be given up to the neighborhood so that it could never become commercial property. She also asked if there couldn't be a time stipulation put on the note to give the residents some protection. City Manager McDowell responded that it was the decision of the Council at the public hearing when they amended the transportation plan not to give up those pieces of property but to retain them for future street purposes. Council Member Guerrero made a motion to table this item until he has had further time to study the issue. The motion was seconded by Council Member Berlanga. linutes Regular Council Meeting May 5, 1987 Page 7 City Manager McDowell explained that as the developers plat, based on the language which is attached to the agreement letter which they have signed and concurred with, the neighborhood and the Council are protected until such time as the plat is amended. He pointed out that the item on the agenda is to schedule a public hearing for the purpose of closing Burton and Nelson Lanes. He stated that last week the item was tabled to allow time for the developer and the Staff to reach an agreement. Council Member Guerrero withdrew his motion to table the item. A motion was made by Council Member Moss to withdraw Item No. 11 pertaining to the public hearing from the agenda. The motion was seconded by Mayor Pro Tem Slavik and passed unanimously. Mayor Turner referred to Item No. 12 pertaining to an appeal of a decision of the Building Standards Board. Assistant City Manager Elizondo stated that there are three buildings on the subject property and showed slides of the structure in question. He stated that when one of the structures deteriorates beyond 50 percent, the law states that the non-conformining status is lost. He explained that the property is zoned R -1B, and that the owner doesn't have the option to remodel or renew. He pointed out that the owner is opposed to the demolition of the property. In answer to a question from Mrs. Hyde, Mr. Elizondo explained that she could not remodel the building because she has lost her non -conforming status because the building has deteriorated beyond a certain point. Further discussion followed, and Mr. Elizondo stated that the option of the City Council is to determine if the Building Standards Board's finding is correct. He recommended that the Board's ruling be upheld and that the owner be required to demolish the structure. Council Member Berlanga explained that the owner was operating her home under a grandfather clause which is non -conforming. He stated that as long as the structures are maintained in a livable condition, the owner is supported by the grandfather clause, but the minute the structure is let go beyond 50 percent deterioration, the protection of the grandfather clause is automatically lost. Council Member Rhodes inquired if there was any validity to the Indian claim, and Assistant City Attorney Cano stated that the only time laws of the State or Federal Government would not apply to indians is if it pertained to an Indian reservation. He explained that this is not the case in this instance. Mayor Turner called for comments from the audience. Mr. Earl Wilder, Mr. Clark Couteau, Mr. Chris Couteau and Mr. Robert Reyna spoke in favor of granting the appeal to Mrs. Hyde. inutes Regular Council Meeting May 5, 1987 Page 8 A motion was made by Mayor Pro Tem Slavik to deny the appeal in reference to the decision of the Building Standards Board relating to the property owned by Mrs. Harry Hyde located at 3505 Bluebonnet. The motion was seconded by Council Member Pruet and passed unanimously. (M87-0175) * * * * * * * * * * * * * Mayor Turner opened the first public hearing on the following item: 13. Amendment to the Zoning Ordinance: Amending Article 27, Supplementary Height, and Bulk Requirements, Section 27-3, by adding a new Subsection 27-3.06.04 which will provide for an exception to the 100' street frontage requirement when a residential property is located contiguously between two business zoned properties. Mr. Larry Wenger, Director of Planning, stated that both the Planning Commission and the Staff recommend approval of the amendment to the zoning ordinance. There were no comments from the audience. A motion was made by Mayor Pro Tem Slavik to close the public hearing; seconded by Council Member Rhodes and passed unanimously; Guerrero absent at the time the vote was taken. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: 13. ORDINANCE NO. 19733 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS, SECTION 27-3, BY ADDING A NEW SUBSECTION 27-3.06.04; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Moss, Pruet and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Mendez and Strong absent. * * * * * * * * * * * * * Mayor Turner opened the second public hearing on the following item: 14. Amendment to the Zoning Ordinance: Amending Article 27, Supplementary Height and Bulk Requirements, Section 27-3.04.05 to establish a setback requirement for carports located on corner lots. finutes Regular Council Meeting May 5, 1987 Page 9 Mr. Wenger stated that both the Planning Commission and the Staff recommend approval of the amendment to the zoning ordinance. There were no comments from the audience. A motion was made by Council Member Pruet to close the public hearing; seconded by Mayor Pro Tem Slavik and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: 14. ORDINANCE NO. 19734 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENT, SECTION 27-3, BY AMENDING SUBSECTION 27-3.04.05; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Slavik, Berlanga, Guerrero, Moss, Pruet and Rhodes voting, "Aye"; Mendez and Strong absent. * * * * * * * * * * * * * In reference to a question from Council Member Pruet regarding the scheduling of zoning cases, City Manager McDowell stated that the Council would be receiving a report on what the schedule will be; what the current practice is; and what it will be if the zoning cases are scheduled once a month. Council Member Berlanga referred to an item brought up during the election campaign pertaining to the issue of conflict of interest. He stated that the Council needs to restore confidence in the City Government. He stated that the City has a code of ethics, but that it should be revised. He referred to the strong code of ethics which the City of Austin has adopted. He made a motion to instruct the Staff to review the present City code of ethics; to submit proposed changes which would include a review of full disclosure requirements, penalty for violations and creation of a commission to review the complaints; and make a comparison to the Austin code. The motion was seconded by Council Member Guerrero and passed unanimously. Council Member Guerrero made a motion that on Tuesdays during the months of May, June, July and August to change the dress code for Council Members and Staff to guayaberas. The motion was seconded by Council Member Berlanga and passed unanimously. In reference to a question by Council Member Moss regarding the progress on City Hall, City Manager McDowell responded that the contract was signed on April 20; completion will be 196 calendar days from the day the contract was signed; and it should be completed by the end of the year. tinutes Regular Council Meeting May 5, 1987 Page 10 City Secretary Chapa presented two requests for Council time: 1. an eight minute slide presentation by Baker Junior High School; 2. an invitation from the Executive Committee of the Art Museum of South Texas inviting the Council to a luncheon meeting on May 26. Mr. Chapa also noted that arrangements are being made for the Council's retreat at the Holiday Inn on Padre Island. The Council declined the presentation by Baker Junior High School at this time and accepted the invitation for the meeting with the Executive Committee of the Art Museum of South Texas. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Ms. Santos V. Ortiz, 216 Luna, presented a complaint to regarding a bill for mowing a lot she received from Neighborhood She stated the bill is in error; she has been trying to resolve three years; and no one from the City has been of any assistance. that Hispanics are not fairly treated for employment with the positions. the Council Improvement. the case for She objected City for key Mayor Turner referred Ms. Ortiz to Mr. Elizondo, Assistant City Manager, to resolve her complaint in reference to the mowing bill. Ms. Irma Sanchez protested the practice of the City in hiring individuals for key positions from outside the City. Ms. Maria Linan objected to the employment of out-of-town people for important positions within the City and asked for an explanation why the finalists for the Police Chief are from outside the City. City Manager McDowell briefly explained the selection process of hiring the Police Chief. He stated that it is a process of selecting the best qualified individuals regardless of where the individual is from. He noted that he is disappointed that local individuals did not qualify through the selection process. Mr. Robert J. Reyna, 1821 Rosalyn, objected to the procedure of hiring the Police Chief. He read an excerpt from the Declaration of Independence and stated that it is the right of the citizens, not the City Manager, to determine who is going to be the Police Chief. Mr. Joe McComb, 5323 St. Andrews, expressed his concern about a tax rate increase. He encouraged the Council to ask the Staff before the draft budget is presented, that one of the options not be a tax rate increase. Mr. McComb invited the Council to participate in Operation Paint Brush. linutes Regular Council Meeting May 5, 1987 Page 11 Mr. 0. K. Smith, 802 Maryallen, invited the Council to the Corpus Christi Economic Development Corporation Retreat on Saturday, May 9, 1987. Mr. David Noyola expressed his appreciation to Council Member Guerrero, City Manager McDowell and Assistant City Manager Elizondo for prompt action on a complaint which he registered.. There being no further business to come before the Council, on motion by Mayor Pro Tem Slavik, seconded by Council Member Moss and passed unanimously, the meeting was adjourned at 3:45 p.m. 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 May 5, 1987, which were approved by the City Council on May 12, 1987. WITNESSETH MY HAND AND SEAL, this the SY� day of etty Tu der, MAYOR an,14,0_Ei Armando Chapa, City Secreta'Fy City of Corpus Christi, Texas