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
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Regular Council Meeting
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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* Item 6 was withdrawn pending further discussion.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.
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Regular Council Meeting
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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:
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Regular Council Meeting
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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.
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Regular Council Meeting
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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.
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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.
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Regular Council Meeting
May 5, 1987
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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.
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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.
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Regular Council Meeting
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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.
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Regular Council Meeting
May 5, 1987
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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.
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Regular Council Meeting
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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