HomeMy WebLinkAboutMinutes City Council - 08/11/1987MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 11, 1987
9:00 a.m.
PRESENT:
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr. City Manager Craig McDowell
Leo Guerrero * Ass't. City Attorney Bob Coffin
Frank Mendez City Secretary Armando Chapa
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Absent
Linda Strong City Attorney Hal George
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Reverend Jay Farrar of the Lexington Baptist
Church, following which the Pledge of Allegiance of the United States was led by
Council Member Slavik.
City Secretary 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 Pruet to excuse Council Member Strong
from the Council Meeting because she is out of town. The motion was seconded by
Council Member Berlanga and passed by the following vote: Turner, Berlanga,
Mendez, Pruet, and Slavik voting, "Aye"; Moss and Rhodes voting, "No"; Guerrero
absent.
Mayor Pro Tem Moss stated that he did not think it is in order to excuse
Council Members who are not present at the Council Meeting unless it is
something beyond their control, such as an illness or something unforeseen, and
Council Member Rhodes concurred. Mr. Moss continued by stating that the Charter
is written that if a Council Member cannot be present a certain number of times,
then remedial action should be taken.
MICROFILMED
Minutes'
Regular Council Meeting
August, 11, 1987
Page 2
A motion was made by Council Member Slavik that the Minutes of the Regular
Council Meeting of July 28, 1987 be approved as presented; seconded by Council
Member Berlanga and passed unanimously.
* Council Member Guerrero arrived at the meeting at 9:10 a.m.
Mayor Turner presented and read a formal report to the Council Members
prepared by herself and Council Members Berlanga and Pruet on their recent trip
to Yokosuka, Japan, copy of which is attached.
Council Member Berlanga stated that the trip was definitely different than
what was anticipated by some of the public and some Council Members; it was not
a pleasure trip; they worked very hard; they left the Taiwan officials with the
impression that we are definitely willing to work with them; and that Taiwan
officials will be visiting Corpus Christi this year to view the Port. He
further stated that he is happy he made the trip because at one time he had
canceled it due to the controversy it had created. Mr. Berlanga continued by
stating he received calls and mail encouraging him to make the trip.
Mayor Turner mentioned a speech that was given by Council Member Berlanga
at a Mayor's Banquet in Taiwan. She stated that it was a tremendous speech and
made the Corpus Christi delegates very proud.
Council Member Pruet also referred to the speech Mr. Berlanga made before
the assembled Sister City group and stated that Mr. Berlanga was a magnificent
spokesman and representative for the City of Corpus Christi. He stated that as
a result of meetings with business, government and tourism officials in Taiwan,
representatives of three Taiwanese companies involved in plastics, chemicals and
valves will visit South Texas this fall to look for potential plant sites. He
further stated that two delegations of Taiwanese government officials and
potential investors will be traveling to Corpus Christi in a couple of months;
he thought it was a valuable trip; he intends to go back; and that there is a
lot of good that can be done there for economic development and tourism. Mr.
Pruet continued by stating that he hopes the Council Members and the City pay
attention to the spirit and enthusiasm of these people when they come to visit
and investigate Corpus Christi. He stated that they are much more positive
about our City than many of us are here.
Mayor Turner stated that it was a practical experience in brotherhood at
its best, and that there was a magnificent outpouring of love for the
representatives of the United States.
Council Member Rhodes referred to the report presented by the Mayor and
stated that none of the Council stated that no one should go on the trip; she
felt the mayor should go and calling some of them nearsighted is not fair or
accurate. She stated that she is glad they went and that the trip was
successful. She referred to Page 4 of the report and inquired how much the
co -funding with the Port the salary of a South Texas representative for Japan
Minutes ,
Regular Council Meeting
August. 11, 1987
Page 3
would cost. She also referred to Item No. 3 on Page 4 and inquired how many
members it would take to participate in more Far East functions.
In answer to Mrs. Rhodes first question, Mayor Turner replied that at this
time it was not known what the co -funding for the representative to Japan would
be and it will be acted on at a later date. She further stated that the City
will have delegates from Japan arriving in the fall and strongly urged everyone
to participate. She stated that the entire Council should be represented at the
receptions and meetings. She further stated that Corpus Christi had the fewest
members in their delegation on the trip to Japan.
In answer to the inquiry from Mrs. Rhodes, Council Member Pruet stated that
on a foreign trip, it should just be the Council Members who want to go and
help; it would not take eight or nine Council Members, only two, three or four
would be very effective with economic development series of appointments.
Mrs. Rhodes stated that there has to be a balance somewhere; the City has
its own economic problems; we have to work to get ourselves out of this
financial crunch; and that is top priority.
Mayor Turner stated that the comments in the report were not directed to
the Council but to the community in general. She stated that some people feel
the Council's time is better spent at home, but there is hope for our economic
problems in Taiwan.
Council Member Slavik suggested that the Council be guided by Rudy Delgado
of the Corpus Christi Economic Development Corporation who will advise them of
what is necessary and what should be done, and that it should be coordinated.
She stated that foreign trade is another tool for economic development in this
City; this country has to go after international trade; we should ask the
Taiwanese to pay our way over there; they have American dollars; they need to do
business with us; and we should take advantage of that.
Mayor Pro Tem Moss stated that the report presented is an excellent report.
He stated that if we encourage these people to come to our City, we need to roll
out the red carpet and that there needs to be more hospitality.
* * * * * * * * * * * * *
The Council then went into closed session at 9:45 a.m. to discuss personnel
matters pursuant to authority granted by Article 6252-17, V.A.C.S.
* * * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 11:47 a.m. and referred to
the Board and Committee appointments and stated that some Council Members have
not had an opportunity to review the resumes because they were out of town.
Minutes
Regular Council Meeting
August, 11, 1987
Page 4
A motion was made by Council Member Pruet to postpone the Board and
Committee appointments; seconded by Council Member Guerrero and passed
unanimously.
Mayor Turner referred to the closed meeting and stated that the Council
reviewed the performances of the City Manager and City Secretary; it was a very
productive review; and that the Council will have quarterly closed discussions
with City Manager McDowell and City Secretary Chapa.
Council Member Guerrero stated that during the meeting conclusions were
made and sensitive subjects were touched on. He stated that for the next 20
months the Council will support City Manager Craig McDowell who has some very
difficult decisions to make. Mr. Guerrero then made a motion that the City
Manager be given the full support of the City Council. The motion was seconded
by Mayor Pro Tem Moss and passed unanimously.
Council Member Pruet stated that during the meeting the evaluation of the
City Secretary and his office were discussed and that the Council will support
City Secretary Armando Chapa. He then made a motion that the Council will fully
support the City Secretary. The motion was seconded by Council Members Rhodes
and Slavik and passed unanimously.
City Manager McDowell expressed his appreciation to the Council for their
support and that he looks forward to working with the Council to move the City
forward.
City Secretary Chapa expressed his appreciation to the Council for their
support and pledged to continue the same type of work with both the City Council
and the City Manager.
Council Member Mendez requested that the report to be presented by the Bond
Task Force Committee be postponed until the afternoon. He then requested that
the Council allow Ms. Alicia Gallegos -Gomez time to make a brief presentation
relative to the library.
Ms. Alicia Gallegos -Gomez, 1017 Harrison, a member of the Library Board,
stated that the Corpus Christi Public Library will receive a special grant of
$53,000 for the purpose of providing a collection of employment and career
materials. She stated that the funds will be used to hire a person responsible
for selecting the material and that seminars will be held to teach people how to
use the material. She stated that they have the endorsement of the Texas
Employment Commission and the Jobs Training Commission. She stated that they
also plan to purchase the entire collection of college catalogues in the United
States and video and large screen equipment.
Mayor Pro Tem Moss inquired if the college catalogues would be updated
annually and Mrs. Gomez replied it would depend on the funding.
1inutes
Regular Council Meeting
August,11, 1987
Page 5
Council Member Slavik inquired about the source of the money and Mrs. Gomez
replied it is federal monies coming through the Library Services and
Construction Act.
A motion was made by Council Member Mendez to recess the Council Meeting at
11:55 a.m.; seconded by Mayor Pro Tem Moss and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and
announced presentations. Mayor Turner first recognized the participants in the
Special Olympics and read a Resolution commending the Robert Wilson Softball
Team which won a bronze medal at the International Special Olympics. She
presented the Resolution to Denise Sens, coach of the team, and Council Members
presented pins to all of the members of the team.
Mayor Turner then presented a Proclamation to the Oso Pony League All Star
Team and the coach of the team explained that they had participated in the Texas
Mexican World Series where they won four out of five games, played the fifth
team the second night of the tournament, and won the Texas Mexican World Series,
noting that this is the first Corpus Christi team to do so.
* * * * * * * * * * * * *
Mayor Turner announced bid openings on engineering projects.
Mr. Victor Medina, Director of Engineering, informed the Council that the
City Hall and Public Utilities Buildings demolition project bid opening had been
delayed until a later date.
Mayor Turner then called for the bid opening on the Shade Chaparral
Beautification Project, and City Secretary Chapa informed the Council that his
office had received one bid late which arrived at 2:01 p.m.
Council Member Berlanga stated that since the bid was just a little bit
late that it should be opened. He then made a motion that the bid be opened.
Mayor Turner asked for a legal opinion and Mr. Hal George, City Attorney,
advised the Council that they should adhere to the current policy and reject any
bid that is received late. He then explained a situation that had occurred at
an earlier date when a bid that was received late was opened; the bidder was the
low bidder; and a problem was created in that the second low bidder objected to
the bid opening.
Mayor Pro Tem Moss pointed out that all of the companies have plenty of
time to prepare their bids and submit them to the City Secretary's office. Mr.
Berlanga then withdrew his motion.
Minutes
Regular Council Meeting
August 11, 1987
Page 6
Mr. Medina opened bids on the project from the following firms: Cavazos
General Contractors; King Construction Co., Inc.; A. Ortiz Construction and
Paving, Inc.; and Stefek Construction Company. Mr. Medina noted that all of the
bidders had submitted the required bid security bond and had acknowledged
receipt of the addendum.
Mayor Turner expressed appreciation to the companies submitting bids.
* * * * * * * * * * * * * *
Mayor Turner explained that she had appointed a Bond Task Force as follows:
Frank Mendez, Chairman, Clif Moss, Vic Penuel, Edward Martin, and Larry Major.
Council Member Mendez presented the Bond Program Task Force Report and
thanked the members of the committee for their assistance and taking time to
attend so many meetings. He explained that the charge to the committee was as
follows: 1. To review the status of any and all bond funds approved prior to
1986; 2. To review the status of projects for bonds sold as the first part of
the 1986 Bond Program; 3. To review remaining projects in the 1986 Bond Program
and rate them according to their urgency and ability to provide jobs; and 4. To
prepare a final report to the Council.
Council Member Mendez continued by stating that the primary purpose of the
committee was to assist the City Council in their decision as to whether or not
bonds should be sold and if a tax rate should be increased to pay for the bonds.
He informed the Council that all of the bond projects approved prior to 1982
have been completed; the committee found that of the $58 million in the bond
fund, $32 million will be expended by the City in 1987-88. He explained that
the reason not all of the bond funds have been expended is because some of the
projects take a great deal of time to complete and the City has a policy of not
paying for anything until it underway or completed.
Mr. Mendez provided an explanation of funds remaining in various bond funds
and stated that the committee makes the following recommendations for the use of
these funds: 1. Street Bond Fund - $413,903 - recommended that these be made
available for other street -related projects identified in the 1986 program; 2.
Sanitary Sewer Bond Fund - $2,316,305 - funds should be made available for other
sewer -related projects or support of projects identified in the 1986 program; 3.
Fire Department Building Fund - $161,069 - these funds should be used for the
relocation of Fire Station //1 which is part of the 1986 bond program. Mr.
Mendez stated that.if the Council accepts the committee's recommendations on the
allocation of funds as suggested, $2,878,834 would be available to be used for
projects or to support the 1986 bond program.
Mr. Mendez also stated that the committee recommends that a less
complicated system of financial tracking be utilized so that the report on the
bond program would be clearer to the general public. He also stated that at
this time the committee has not yet set priorities on the remaining projects.
Minutes
Regular Council Meeting
August, 11, 1987
Page 7
Mr. Mendez continued by stating that although the original plan when the
bonds were approved was to sell $21 million during this fiscal year, the
committee recommends that the sale of bonds be reduced to $8 million which would
only require a tax increase of 1.3C to pay for the indebtedness. He pointed out
that this projected $8 million, when combined with the $2.8 million from
previous bond programs, would total $10.8 million which would result in projects
being initiated which would improve the local economy. Mr. Mendez stated that
the report from the committee on the projects recommended to be funded will be
issued during September. He explained that the reason they recommend the sale
of the $8 million in bonds is to assist in getting various projects started
since the usual procedure is not to start the engineering on the various
projects until after the bonds are sold, and selling bonds in this amount would
allow the engineering work to be completed before a large bond sale is conducted
in the next fiscal year. He then asked that the City Council support the
recommendation of the Bond Task Force Committee.
Mayor Turner expressed appreciation for the thoroughness of the report and
for the time devoted to the project by the committee members. She then inquired
if the bonds to be sold would include those for the aquarium, and Mr. Mendez
replied in the affirmative.
Mayor Pro Tem Moss explained that the committee had discussed all of the
prior bond money; they found that during the changeover in City Managers and
other personnel, the engineering work was delayed; and their primary aim is to
have the engineering work completed on a number of projects before a large
amount of bonds are sold during the next fiscal year.
Council Member Slavik agreed that the report was very good and agreed that
there is a need to simplify the financial recording. She stated that she agrees
with everything except the recommendation for the sale of more bonds this year,
particularly since the City will expend $32 million in bond money this fiscal
year.
City Manager McDowell stated that is correct but it was reduced form $40
million to $32 million.
Council Member Mendez pointed out that if bonds are not sold this year, the
City will not be able to perform the engineering studies, and next year when
there may be an opportunity to sell bonds, all of the projects will be delayed
in order to perform the engineering work. He reiterated that they recommended
the sale of $8 million in bonds which will be used for engineering for future
bond projects.
Council Member Slavik continued by stating that this is not a good time to
increase taxes to pay for the bond program and stated that she would like to see
the City of Corpus Christi be one of the entities that does not increase taxes.
Minutes
Regular Council Meeting
August, 11, 1987
Page 8
Council Member Mendez reminded Mrs. Slavik that the City has a commitment
to support the aquarium and inquired as to where she anticipated those funds
would come from.
Council Member Slavik pointed out that according to the report, $2.8
million is available from previous bond sales. Mr. McDowell pointed out that it
is illegal to use sewer bonds, street bonds, etc. for anything other than the
same type of project and those funds cannot be transferred to a different
category of projects such as the aquarium.
Council Member Slavik then inquired about the Reinvestment Zone money, and
Mr. McDowell explained that is a separate issue and a separate fund which does
not relate to these bond funds. He pointed out that the City included $1.3
million in the first sale of 1986 bonds for the aquarium, but because the
project was accelerated by about two years, there is a plan to sell $10 million
in Reinvestment Zone Bonds at the end of this year or in the early part of next
year.
Council Member Slavik then suggested that the tax increase not be any
larger than .50c, and Mr. McDowell stated that the recommendation of the
committee was that the tax increase be 1.3c but that decision is up to the City
Council.
Council Member Slavik stated that since the City is committed to the
aquarium, that only the bonds be sold for the aquarium and stated that she would
be opposed to the sale of bonds for anything other than the aquarium to which
the City is already committed.
Council Member Rhodes inquired if it is necessary for the Council to vote
on this today because she would like to see a list of the projects before
voting, and Mr. Mendez stated that this will not be approved until next week;
this can be studied in the meantime; and noted that there have been many changes
since the bond sale in 1986. He also pointed out that this City is one of the
very few cities that has not had to raise taxes and he thinks it is important to
meet the commitments and approve those projects that were authorized by the
voters and particularly have funds available to prepare the engineering work for
future bond sales.
Council Member Rhodes stated that the Council could make a determination
better if they knew which engineering would be authorized for which projects
through the sale of the $8 million in bonds, and Mr. McDowell stated that he
thought that the Staff could prepare some ballpark figures including the
projects to which the Council has already committed.
Mayor Turner indicated that she felt that this would help and reminded the
Council that these are the bonds approved by the citizens and the Council should
move forward on part of them.
Minutes
Regular Council Meeting
August, 11, 1987
Page 9
Council Member Pruet stated that although the Council does not want to
increase taxes, the Council is committed to improving the economy and this would
be one method of doing so.
Mayor Turner asked that further information be provided the Council and
that this be placed on the agenda next week.
Mr. Larry Major, 802 Berry Drive, expressed appreciation for the
opportunity to serve on this committee. He expressed the opinion that the 1.3c
tax increase will provide an opportunity for the City to sell bonds to at least
get the engineering work started for future projects and shorten the time lapse
between the sale of bonds for the projects and the actual project starts.
like
then
* * * * * * * * * * * * *
Mayor Turner stated that if the Council had
to consider the public hearings which were
announced the public hearing on the following
no objection, that she would
scheduled for 2:00 p.m. She
annexation:
40. Annexation of 26,593 square foot tract of land out of Lot 8, Section 11,
Flour Bluff & Encinal Farm and Garden Tracts, located on the southwest
of Saratoga and Cimarron Blvd.
corner
Mr. Larry Wenger, Director of Planning, located the area on the zoning and
land use map and stated that he had conducted a public hearing the preceding
evening at 5:30 p.m.
Council Member Slavik inquired about the advertising of the public
hearings, and Mr. Wenger stated that there was a publication in the legal
notices of the Caller Times, and Mrs. Slavik questioned that procedure.
Mr. Wenger pointed out that the City Council set the dates of the public
hearing a few weeks ago and, at that time, Mr. J. E. O'Brien had complained that
the Staff hearings were usually conducted at 8:30 a.m. and in view of the
complaint, the City set the public hearing for 5:30 p.m., but Mr. O'Brien did
not attend.
Mayor
response.
Turner called for comments from the audience and there was no
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Guerrero and passed unanimously by those present and
voting.
City Secretary Chapa polled the Council for the vote on the Ordinance
authorizing the contract between the City of Corpus Christi and Encino -Cimarron
and it passed on first reading as follows:
finutes
Regular Council Meeting
August 11, 1987
Page 10
40. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND ENCINO-CIMARRON, A TEXAS GENERAL
PARTNERSHIP, AND ENCINO-CIMARRON 62 LTD., A TEXAS LIMITED PARTNERSHIP, FOR
THE ANNEXATION OF APPROXIMATELY 26,593 SQUARE FEET OF LAND OUT OF LOT 8,
SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY,
TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS,
AND ADJACENT THERETO; AND PROVIDING FOR SEVERABILITY.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye";
Berlanga absent at the time the vote was taken; Guerrero abstained; Strong
absent.
* * * * * * * * * * * * * * *
Mayor Turner opened the hearing on the following zoning application:
41. Application No. 687-3, T&T Properties: For a change of zoning from "R -1B"
One -family Dwelling District and "A -1A" Apartment House District to "R -1C"
One -family Dwelling District, being 14.00± acres out of Lots 12 through 14,
Sec. 6, Flour Bluff & Encinal Farm & Garden Tracts, located approximately
835' north of Yorktown Boulevard and 70' east of the Club Estates drainage
right-of-way.
Mayor Turner noted that both the Planning Commission and Planning Staff
recommend approval and inquired if there was anyone in the audience that wished
to speak in opposition to the zoning application. There was no response; a
motion was made by Council Member Rhodes that the hearing be closed; seconded by
Council Member Guerrero; and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
41. ORDINANCE NO. 19911
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF T & T PROPERTIES BY
CHANGING THE ZONING MAP IN REFERENCE TO 14.00± ACRES OUT OF LOTS 12 THROUGH
14, SECTION 6, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS FROM "R -1B"
ONE -FAMILY DWELLING DISTRICT AND "A -1A" APARTMENT HOUSE DISTRICT TO "R -1C"
ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Guerrero, Mendez, Rhodes and Slavik voting,
"Aye"; Berlanga and Pruet absent at the time the vote was taken; Strong
absent.
Minutes
Regular Council Meeting
August. 11, 1987
Page 11
* * * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
42. Application No. 687-4, Corpus Christi Business Enterprise Center, Inc.:
For a change of zoning from "B-4" General Business District to "I-2" Light
Industrial District, being 0.821 acre out of Block B, Saxet Community
Center, located on the south side of Up River Road, approximately 345' east
of Villa Drive.
Mayor Turner noted that both the Planning Commission and Planning Staff
recommend denial and in lieu thereof that a special permit be granted for twelve
types of limited industrial uses. She inquired of Mr. Wenger if the applicant
was agreeable to the special permit, and Mr. Wenger replied in the affirmative.
No one spoke in regard to this zoning application.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Slavik and passed unanimously by those present and
voting.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
42. ORDINANCE NO. 19912
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI BUSINESS
ENTERPRISE CENTER, INC. BY GRANTING A SPECIAL PERMIT ON A PORTION OF BLOCK
B, SAXET COMMUNITY CENTER IN ACCORDANCE WITH SITE PLAN ATTACHED; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Guerrero, Mendez, Rhodes and Slavik voting,
"Aye"; Berlanga and Pruet absent at the time the vote was taken; Strong
absent.
* * * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
43. Application No. 687-5, Mr. Loyal Edward Piercy: For a change of zoning
from "B-4" General Business District to "R -1B" One -family Dwelling
District, Lot 11-C, Fallins Riverside Subdivision, located on the east side
of Rehfeld Road, approximately 200' south of Leopard Street.
Mayor Turner pointed out that both the Planning Commission and Planning
Staff recommend approval and ascertained that no one in the audience wished to
speak in opposition to this zoning application.
Minutes
Regular Council Meeting
August 11, 1987
Page 19
Submittal of the Appraisal Roll and the anticipated collection rate for
1987 by the Tax Assessor -Collector to the City Council as required by
Section 26.04(b) of the Property Tax Code.
10. M87-0290
Amending, prior to third reading, the ordinance amending Article 28A "HC"
Historical -Cultural of the Zoning Ordinance; City Code of Ordinances
regarding the Landmark Commission; and adding to the Preservation Plan
under Chapter IV, to incorporate changes as requested by City Council
during Public Hearing on July 21, 1987.
11. M87-0291
Accepting the Furman School Area Street Improvements Phase IV project and
authorizing final payment of $86,515.62 to Claude Chapman Construction Co.,
Inc.
No one spoke in regard to the Consent Motions.
A motion was made by Council Member Mendez that Consent Motions 1 through
11 be approved; seconded by Council Member Rhodes and passed by the following
vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings, noting that No. 25 is withdrawn for
further discussion.
No one spoke in regard to Items 12 through 35.
City Secretary Chapa polled the Council for their votes and the following
were passed:
12. ORDINANCE NO. 19892
AMENDING ORDINANCE NO. 19543 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET:
Furman School Area, Phase IV - 1. Morris Avenue, Mary Street and Marguerite
Street, from Crosstown to 10th Street; 2. 10th Street, from Mary Street to
Laredo Street; 3. llth Street, from Morris Avenue to Mary Street; 4. 12th
Street, from Morris Avenue to Laredo Street; 5. 14th Street, from Morris
Avenue to Marguerite Street, and 6. Sam Rankin Street, from Lipan Street to
Mestina Street.
Minutes
Regular Council Meeting
August 11, 1987
Page 20
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes
voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent.
13. RESOLUTION NO. 19893
CLOSING ONE LANE OF TRAFFIC FOR A BICYCLE RACE SPONSORED BY THE CORPUS
CHRISTI BICYCLE CLUB FROM 7:00 A.M. TO 7:30 A.M. ON SEPTEMBER 13, 1987,
ALONG THE EAST LANE OF THE NORTH BOUND PORTION OF OCEAN DRIVE, SHORELINE
BOULEVARD, I.H. 37, HARBOR BRIDGE, AND NUECES BAY CAUSEWAY.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
14. ORDINANCE NO. 19894
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES
CONTRACT WITH W. P. WILLS, CONSULTING ENGINEERS, FOR THE PREPARATION OF
PLANS AND SPECIFICATIONS TO REHABILITATE THE HIGH INTENSITY RUNWAY LIGHTING
SYSTEM FOR RUNWAY 13-31; APPROPRIATING $13,585; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes
voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent.
15. ORDINANCE NO. 19895
AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED WITH VENDOR'S LIEN OF
LOT 3, BLOCK 3, RAYNE TRACT, TO POINT GRAY INVESTMENTS, AND REPEALING
ORDINANCE 15653 WHICH PROVIDED THAT PROCEEDS FROM THE SALE OR LEASE OF THE
SUBJECT PROPERTY BE PAID INTO THE TOURIST AND CONVENTION DEVELOPMENT FUND
103; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes
voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent.
16. ORDINANCE NO. 19896
AUTHORIZING .CONTRACT AMENDMENTS SETTING COUNCIL REPRESENTATION ON
REINVESTMENT ZONE NO. 1 BOARD OF DIRECTORS, DESIGNATING THE MAYOR AS
CHAIRMAN OF THE BOARD, AND AMENDING THE PROJECT PLAN AND FINANCE PLAN TO
PROVIDE BOND FUNDING FOR THE TEXAS STATE AQUARIUM AND THE CORPUS CHRISTI
MUSEUM EXPANSION, AND VALIDATION OF THE ZONE BY THE OTHER TAXING DISTRICTS;
AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
August 11, 1987
Page 21
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes
voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent.
17. ORDINANCE NO. 19897
AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED OF LOTS 13 AND 14,
BLOCK 16, CRAVEN HEIGHTS ADDITION, TO SOUTHWESTERN REFINING COMPANY FOR A
CASH CONSIDERATION OF $7,000.10; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes
voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent.
18. RESOLUTION NO. 19898
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 2 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS PROJECT;
AND APPROPRIATING $5,300 FROM THE STREET BOND FUND FOR SAID ACQUISITION.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
19. RESOLUTION NO. 19899
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 6 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS PROJECT;
AND APPROPRIATING $12,325 FROM THE STREET BOND FUND FOR SAID ACQUISITION
AND CLOSING COSTS.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
20. RESOLUTION NO. 19900
APPROVING CHANGE ORDER NO. 1 TO THE OCEANSIDE ASPHALT, INC. CONTRACT FOR
THE LAMAR EAST AREA STREET IMPROVEMENT PROJECT AND APPROPRIATING
$24,336.40.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
21. RESOLUTION NO. 19901
Minutes
Regular Council Meeting
August 11, 1987
Page 22
AUTHORIZING THE EXECUTION OF A CONTRACT WITH E. J. STEFEK COMPANY FOR THE
EXTENSION OF A WATERLINE TO SERVE THE BOTANICAL GARDENS; APPROPRIATING
$117,481.77.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
22. RESOLUTION NO. 19902
AUTHORIZING THE EXECUTION OF A CONTRACT WITH S. A. GARZA ENGINEERS, INC.,
FOR ENGINEERING DESIGN SERVICES FOR THE INSTALLATION OF A CASING PIPE UNDER
I.H. 37 AT RIPPLE LANE FOR A FUTURE SANITARY SEWER LINE; AND APPROPRIATING
$3,480 FROM THE SANITARY SEWER BOND FUND.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
23. RESOLUTION NO. 19903
SUPPORTING PLANS OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO EXTEND THE CROSSTOWN EXPRESSWAY SOUTH OF PADRE ISLAND
DRIVE.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
24. RESOLUTION NO. 19904
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
A PARCEL OF LAND FOR THE HISPANIC ART CENTER AND TO ACQUIRE SAID PARCEL
FROM THE OWNER, B. E. BEECROFT.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent
at the time the vote was taken; Strong absent.
26. RESOLUTION NO. 19906
AUTHORIZING THE EXECUTION OF A CONTRACT FOR EMPLOYMENT
PROGRAMS UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 FOR
YEARS EFFECTIVE JULY 1, 1987 WITH THE COUNTY OF NUECES.
The foregoing Resolution passed by the following vote:
Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
at the time the vote was taken; Strong absent.
AND TRAINING
A TERM OF TWO
Turner, Moss,
Slavik absent
Minutes
Regular Council Meeting
August 11, 1987
Page 12
Mr. Wenger informed the Council that the 20 percent rule is in effect on
this application and approval of the ordinance will require seven affirmative
votes.
A motion was made by Council Member Slavik that the hearing be closed,
seconded by Council Member Guerrero, and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
43. ORDINANCE NO. 19913
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LOYAL EDWARD PIERCY BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 11C, FALLINS RIVERSIDE
SUBDIVISION FROM "B-4" GENERAL BUSINESS DISTRICT TO "R -1B" GENERAL BUSINESS
DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Rhodes and
Slavik voting, "Aye"; Pruet absent at the time the vote was taken; Strong
absent.
* * * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
44. Application No. 787-2, Jessie Little VFW Post 8932: For a change of zoning
from "R -1B" One -family Dwelling District to "A-2" Apartment House District,
Lots 24, 25 and 26, Block 5, Flour Bluff Center, located on the northwest
corner of Central Drive and O'Neil Street.
It was noted that both the Planning Commission and Planning Staff recommend
denial of the requested zoning but in lieu thereof that a special permit be
granted for a VFW post home.
Mr. Ed Sample, engineer representing the applicant, stated that this is
acceptable to the applicant.
Council Member Guerrero asked for a further explanation and that the
location of the area be identified.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area and showed slides of the vicinity. He stated
that the 20 percent rule is in effect on this case also.
Council Member Guerrero inquired if alcoholic beverages would be served at
the VFW post home, and Mr. Wenger stated that they would be since it is a
private club and is allowed.
Minutes
Regular Council Meeting
August 11, 1987
Page 13
Mr. Wenger informed the Council that in response to the sixteen notices of
the public hearing that were mailed, two in favor and six in opposition were
returned, noting that the six in opposition were enough to institute the 20
percent rule.
Mr. Ed Sample, 1353 Ray Drive, representing the applicant, first thanked
the Council for working so harmoniously together and complimented them on the
utilization of committees such as the Bond Program Task Force. He referred to
the zoning application and stated that the VFW post needs to move because their
premises are now located in the Navy's crash zone. He explained that the post
has about 138 members; about 25 of them are active; very little traffic will be
generated at the proposed post location and addressed the issue of the sale of
alcoholic beverages. He stated that the members are mature, responsible
citizens and presented to the Council a copy of a letter from Nueces County
Constable Ronnie H. Polston which stated that he has dealt with the members of
VFW Post 8932, participated in numerous patriotic and community type services,
and verified that they are interested in the welfare of the community and this
nation and conduct themselves accordingly. Mr. Sample stated that the post
members meet twice a month on Thursdays.
Mr. Wenger stated that the Staff does not recommend any high density uses
in this area and pointed out that the proposed use is in compliance with the
Flour Bluff zoning plan in that the Master Plan recommends "B-3" uses which is
non-residential.
Council Member Slavik inquired if they had tried to find other locations,
and Mr. Wenger replied that they had, but this was the only one that they could
afford.
A motion was made by Council Member Guerrero that the hearing be closed;
seconded by Council Member Mendez and passed unanimously.
Council Member Pruet stated that he owns property within 200' of the
subject property; he will disqualify himself from voting on the Ordinance; and
stated that he had filed an affadavit in the Office of the City Secretary.
Mr. Wenger explained that Mr. Pruet's disqualification has the effect of
reducing the Council to eight members for voting purposes and that the 20% rule
was in effect. Six affirmative votes will be needed to pass this ordinance.
City Secretary Chapa polled the Council for their votes and the Ordinance
failed to pass as follows:
44. ORDINANCE FAILED TO PASS
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JESSIE LITTLE VFW POST
8932 BY GRANTING A SPECIAL COUNCIL PERMIT FOR A VFW POST HOME ON LOTS 24,
25 and 26, BLOCK 5, FLOUR BLUFF CENTER; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
August 11, 1987
Page 14
The foregoing Ordinance failed to pass by the following vote: Turner,
Moss, Berlanga, Mendez, and Slavik voting, "Aye"; Guerrero and Rhodes
voting, "No"; Pruet Disqualified Himself; Strong absent.
Mayor Turner declared a recess at 3:48 p.m.
* * * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 4:00 p.m. and opened
the hearing on application No. 45.
45. Application No. 787-3, Spohn Hospital: For a change of zoning from "AB"
Professional Office District and "B-1" Neighborhood Business District to
"B-4" General Business District, Lots 1 through 7; 8A -12A; and 22A -26A,
Block VIII, Ocean View Addition, located on the south side of Elizabeth
Street, between 5th and Santa Fe Streets.
Mr. Wenger located 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 Berlanga questioned the alley closing that is proposed as a
part of this project, and Mr. Wenger explained that the Council will set the
public hearing on the alley closing later in the meeting that day.
Mayor Turner ascertained that no one in the audience wished to speak in
opposition to the zoning case.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Rhodes and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
45. ORDINANCE NO. 19914
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY
CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 THROUGH 7, 8A THROUGH 12A,
AND 22A THROUGH 26A, BLOCK VIII, OCEAN VIEW ADDITION FROM "AB" PROFESSIONAL
OFFICE DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Mendez, Pruet and Rhodes voting,
"Aye"; Guerrero and Slavik absent at the time the vote was taken; Strong
absent.
* * * * * * * * * * * * *
Mayor Turner announced the public hearing on the following zoning case:
Minutes
Regular Council Meeting
August 11, 1987
Page 15
46. Amendment to the Zoning Ordinance: Amending Article 3, Definitions,
Subsection 3-1.55 by rewording the definition of Sign.
She pointed out that both the Planning Commission and Planning Staff
recommend approval.
No one spoke in opposition to this zoning application.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Rhodes and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed on first reading:
46. FIRST READING
AMENDING ARTICLES 3, 7A, and 29 OF THE ZONING ORDINANCE BY DELETING,
SUBSTITUTING, AND RENUMBERING PROVISIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its first reading by the following
vote: Turner, Moss, Mendez, Pruet, Berlanga and Rhodes voting, "Aye";
Guerrero and Slavik absent at the time the vote was taken; Strong absent.
* * * * * * * * * * * * *
Mayor Turner opened the hearing on the following zoning matter:
47. Amendment to the Zoning Ordinance: Amending Article 12. "B-1"
Neighborhood Business District Regulations, Section 12-2.07. Amending
Article 15. "B-3" Business District Regulations, Section 15-2.10.
Amending Article 16. "B-4" General Business District Regulations, Section
16-2.10. Amending Article 20. "I-2" Light Industrial District
Regulations, Section 20-2.01 and 20-2.02. Amending Article 21. "I-3"
Heavy Industrial District Regulations, Section 21-2.03.
Council Member Rhodes pointed out that the agenda indicates that both the
Planning Commission and Planning Staff recommend approval but the information
from the Planning Commission hearing indicates that the Planning Commission
recommends approval of the Ordinance as it is written; however, the Planning
Staff recommends deleting portable signs.
Mr. Wenger verified this statement by informing the Council that the Staff
recommends deletion of portable signs, but the Planning Commission recommends
not eliminating the portable signs as they are currently allowed.
Mr. Ray Gallagher expressed support of the Planning Staff's recommendation
to eliminate the portable signs stating that he had discussed this with some of
4inutes
Regular Council Meeting
August 11, 1987
Page 16
the businesses on the south side of town and they concur that the portable signs
should be eliminated.
No one else spoke in regard to this application.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Pruet and passed unanimously.
A motion was made by Council Member Rhodes that the proposed Ordinance be
amended to eliminate the portable signs. The motion was seconded by Council
Member Pruet and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their vote on the Ordinance as
amended and it passed on first reading as follows:
47. FIRST READING
AMENDING THE ZONING ORDINANCE BY ADOPTING NEW ZONING REGULATIONS FOR SIGNS
IN "B-1" NEIGHBORHOOD BUSINESS, "B-3" BUSINESS, "B-4" GENERAL BUSINESS,
"I-2" LIGHT INDUSTRIAL AND "I-3" HEAVY INDUSTRIAL DISTRICTS.
The foregoing Ordinance passed on its first reading by the following
vote: Turner, Moss, Berlanga, Mendez, and Rhodes voting, "Aye"; Pruet
voting "No"; Guerrero and Slavik absent at the time the vote was taken;
Strong absent.
* * * * * * * * * * * * * *
Mayor Turner announced the public hearing on the following item:
48. Amendment to the Platting Ordinance: Amending Section XIII, Appeal.
Mr. Wenger explained the need for this amendment stating that the Staff
does not have the authority to appeal to the City Council on decisions of the
Planning Commission which are not in compliance with ordinances.
Mr. Joe Garcia, Chairman of the Planning Commission, spoke in opposition to
the Ordinance, stating that he did not feel that the City Staff has
substantiated the reason for this amendment. He expressed the opinion that the
Planning Commission adheres to all of the Ordinances; they are well aware of the
Platting Ordinance; and he could not remember any plat that has been approved
that created any problems for the Staff. He stated that the Planning Commission
is of the opinion that this amendment is unnecessary because the City Staff has
legal recourse to any decision of the Planning Commission on approving plats
through the courts.
Council Member Mendez stated that he did not see any reason for the
Planning Commission's opposition to this because the Staff should have the
option to appeal decisions to the City Council.
Minutes
Regular Council Meeting
August 11, 1987
Page 17
Council Member Rhodes stated that she understood Mr. Garcia's concern but
pointed out to him that it is possible that the next Planning Commission would
not comply with the Ordinances as well as this one does and she felt that it is
good to have this appeal process.
No one else spoke in regard to this application.
A motion was made by Council Member Pruet that the hearing be closed;
seconded by Council Mendez and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed on first reading:
48. FIRST READING
AMENDING ORDINANCE NO. 4168 OF THE CITY OF CORPUS CHRISTI, AS AMENDED,
ADOPTED MARCH 23, 1955, AND DESIGNATED AS THE PLATTING ORDINANCE, PROVIDING
AUTHORITY FOR THE CITY MANAGER TO APPEAL DECISIONS OF THE PLANNING
COMMISSION TO THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Berlanga, Mendez, Pruet and Rhodes voting, "Aye"; Guerrero
and Slavik absent at the time the vote was taken; Strong absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Ordinance No. 36.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
36. ORDINANCE NO. 19910
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SINSAN, INC. FOR THE
DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH.
The foregoing Ordinance passed on its third reading by the following vote:
Turner, Moss, Berlanga, Mendez, Pruet and Rhodes voting, "Aye"; Guerrero
and Slavik absent at the time the vote was taken; Strong absent.
* * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 through 11.
1. M87-0281
Approving supply agreements for janitorial supplies to Century Papers, M&M
Sales Co. and Gulf Coast Papers based on low and best bid for a total of
Minutes
Regular Council Meeting
August 11, 1987
Page 18
$116,500.09. The terms of these agreements 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 included in the 1986-87 budget.
2. M87-0282
Authorizing the City Manager or his designee to enter into an agreement
with Keep America Beautiful, Inc. (KAB) for a litter and waste abatement
program and authorizing reimbursement to KAB in the amount of $19,500 for
one year term beginning August 1, 1987.
3. M87-0283
Authorizing a contract with Texaco Refining and Marketing, Inc. for
acquisition of Parcel 13 for the Padre Island Drive Improvements Project.
4. M87-0284
Authorizing acquisition of Parcel 12 at a cost of $83,750 for the Aquarium
Land Acquisition Project.
5. M87-0285
Scheduling a public hearing for August 25, 1987, on a request to close and
abandon the 15 -foot wide public alley adjacent to Lots 1 through 7, 8A and
26A, Block VIII, Ocean View Addition.
6. M87-0286
Scheduling a public hearing for August 25, 1987, on the closure and
abandonment of a portion of Aubrey Street adjacent to I.H. 37 between North
Shoreline Boulevard and Water Street.
7. M87-0287
Authorizing the submission of a grant application to the Council of
Governments, Criminal Justice Division, for the temporary expansion of the
Nueces County Organized Crime Control Unit.
8. M87-0288
Appointing the Mayor as Chairman of the Board of Directors of the
Reinvestment Zone No. 1, Corpus Christi, Texas.
9. M87-0289
Minutes
Regular Council Meeting
August 11, 1987
Page 23
27. FIRST READING
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY ADDING A NEW
SUBSECTION TO ARTICLE I THEREOF, WHICH PROVIDES FOR AUTHORITY OF THE CITY
MANAGER OR HIS DESIGNEE TO ISSUE STANDARD FORM USE PRIVILEGE AGREEMENTS,
ADOPTING A STANDARD FORM DOCUMENT, AND ESTABLISHING A FEE THEREFOR;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
28. SECOND READING
AMENDING CHAPTER 9, AVIATION, BY ADDING A NEW SECTION 9-61, PERMIT FOR
COMMERCIAL GROUND TRANSPORTATION OPERATIONS; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
29. SECOND READING
AMENDING THE CITY CODE, CHAPTER 9, AVIATION, SECTION 9-54, LANDING FEES FOR
COMMERCIAL AIRCRAFT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
30. SECOND READING
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE
FOR A TRACT OF LAND OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL
AREA.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
31. SECOND READING
AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING LEASE AGREEMENT WITH
ARLAN BRUNE AND GARY CLANTON FOR A 3.9 ACRE TRACT OF LAND LOCATED OFF HEARN
ROAD.
Minutes
Regular Council Meeting
August 11, 1987
Page 24
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye';
Slavik absent at the time the vote was taken; Strong absent.
32. SECOND READING
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTION 2-78, FEES, TO
INCREASE OVERDUE FEES AND AUTHORIZE THE CITY MANAGER TO SET OTHER FEES FOR
LIBRARY SERVICES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye';
Slavik absent at the time the vote was taken; Strong absent.
33. ORDINANCE NO. 19907
AMENDING THE ZONING ORDINANCE ARTICLE 28A, "HC" HISTORICAL -CULTURAL
LANDMARK PRESERVATION, BY DELETING SECTION 28-A-5 LANDMARK COMMISSION -
CREATED.
The foregoing Ordinance passed on its third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
34. ORDINANCE NO. 19908
AMENDING THE CODE OF ORDINANCES BY ADDING A NEW SECTION TO CHAPTER 2,
ADMINISTRATION, ARTICLE IV, MISCELLANEOUS BOARDS, COMMISSIONS, AND
COMMITTEES, TO INCLUDE THE LANDMARK COMMISSION.
The foregoing Ordinance passed on its third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
35. ORDINANCE NO. 19909
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V -
INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
The foregoing.Ordinance passed on its third reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye";
Slavik absent at the time the vote was taken; Strong absent.
Mayor Turner called for discussion of Item No. 25 which consisted of a
Resolution authorizing a contract for an electronic message display center for
the Bayfront Plaza Convention Center.
Minutes
Regular Council Meeting
August 11, 1987
Page 25
Council Member Rhodes objected to the expenditure of funds because she felt
that a small sign would be adequate.
City Manager McDowell stated that he would like to give a short
presentation on this. He explained that the previous Council felt that it was
important that the Convention Center be advertised; one sign will be on the
IH -37 median and another sign will be on the convention center building; the
signs would be very helpful to tourists and citizens by advertising various
events. it will provide information and can be very attractive.
Mr. Bill Hennings, Assistant City Manager, displayed a drawing showing the
location of the proposed sign stating that it will be a landscaping and
beautification project. He stated that they had been working with the State
Department of Highways and Public Transportation which department had agreed to
allow the installation of the sign. He pointed out that different messages
could be displayed on the sign.
Mayor Turner questioned the necessity for a sign of that size that has
moving messages, and Mr. McDowell expressed the opinion that it would not
detract from the beauty of the landscaped area.
Mr. Dave Colliton, Federal Sign Company, stated that the Convention Center
is quite an asset and its location needs to be advertised. He explained that
the sign was designed to be noticeable and readable; smaller signs would lose
their readability; and the one on the side of the Convention Center will be the
same type as the one at IH -37.
Mayor Pro Tem Moss noted that two weeks ago this item was on the Council's
agenda and he had called Chris Davis, President of the Corpus Christi Area
Convention & Visitors Bureau, who provided him with a letter which indicated he
felt that the City needed something like this to advertise the events at the
Convention Center. Mr. Moss stated he is now in favor of this item.
Ms. Cheri Fitzgerald, Account Representative with Federal Sign Company,
provided figures on the traffic count going in each direction on IH -37 and
pointed out that the sign will make citizens aware of events occurring in Corpus
Christi. She pointed out that any type of moving picture or message can be
displayed on the signs.
City Manager McDowell stated that Staff recommends approval of this and
pointed out that funds are available in the Community Convention Facility Bond
Fund and the expenditure will have no effect on the operational budget.
Council Member Mendez noted that the proposed location of the sign on IH -37
is in the location where the Regional Transit Authority is considering the
possibility of establishing a station and it was his understanding that they
plan to study the area before making a final decision on the location of their
station.
Minutes
Regular Council Meeting
August 11, 1987
Page 26
City Manager McDowell stated that is true but the study will require about
nine months.
Council Member Guerrero pointed out that the upkeep and maintenance of the
signs will be something to contend with, and City Manager McDowell stated that
maintenance and upkeep is included in the cost of the bid for the first year but
noted that the maintenance would be between $25,000 and $30,000 a year. He also
stated that it would be at least a year before the Regional Transit Authority is
ready to release the land that they own in the area and this would delay the
installation of the proposed sign.
Council Member Mendez expressed the opinion that the City should discuss
this with the representatives of RTA, and Mr. McDowell pointed out that the sign
would not have any effect on the proposed terminal because the sign would be on
the other side of IH -37.
Mayor Turner called for comments from the audience.
Mr. Hugo Berlanga, Speaker Pro Tem of the House of Representatives, stated
that he had discussed with San Antonio Mayor Henry Cisneros the regional
economic development situation and he had asked that the state assist the urban
areas of the state including the City of Corpus Christi. He informed the
Council that $37 million will be provided for a PASS Program by which the state
would provide repairs and necessary changes and maintenance for high traffic
area street improvements. He explained that the program will include federal
funding as well as state funding and stated that once this is adopted and the
projects are approved, that funding may be available to be used for this
project. He expressed the opinion that IH -37 may be a prime area for such
improvements. He summarized by informing the Council that the City Council will
be invited to attend a meeting on this subject on August 31, 1987.
Council Member Pruet stated that he thought it would be appropriate to
approve the purchase of the sign for the Convention Center and wait until a
later date to approve the sign for IH -37.
A motion was made by Council Member Pruet that the Resolution be amended to
approve the $70,000 signage for the Convention Center building and delay the
remainder of the project. The motion was seconded by Council Member Mendez.
City Manager McDowell stated that Staff's understanding of the program that
Speaker Pro Tem Berlanga had addressed would probably not provide funding for
improvements to IH -37, and Council Member Mendez agreed stating that the program
will really address arterial streets and would be used for improving major
streets and for maintenance.
City Manager McDowell informed the Council that the City Staff would not
recommend approval of an RTA terminal at that location even if they decide to
locate one at the intersection of IH -37 and Chaparral.
Minutes
Regular Council Meeting
August 11, 1987
Page 27
Mayor Turner called for the vote on the motion to amend the Resolution and
it passed by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik
voting "Aye"; Berlanga and Guerrero absent at the time the vote was taken;
Strong absent.
City Secretary Chapa polled the Council for their votes on the following
Resolution as amended:
25. RESOLUTION NO. 19905
APPROVING A CONTRACT WITH FEDERAL SIGN IN THE AMOUNT OF $66,649 FOR ONE
ELECTRONIC MESSAGE DISPLAY CENTER FOR THE CONVENTION CENTER, AND
APPROPRIATING $70,000 FROM THE COMMUNITY -CONVENTION FACILITY BOND FUND 209.
The foregoing Resolution passed by the following vote: Turner, Moss,
Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and Guerrero
absent at the time the vote was taken; Strong absent.
Mayor Turner called for consideration of the Ordinances from the Regular
Agenda, all of which were first reading Ordinances.
There was no discussion of the Ordinances; City Secretary Chapa polled the
Council for their votes; and the following Ordinances were passed on first
reading:
37. FIRST READING
AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS OF PERMISSIBLE
CONFINEMENT OF PERSONS CONVICTED, TO PROVIDE FOR A WORK RELEASE PROGRAM FOR
INDIGENTS ADJUDGED GUILTY IN MUNICIPAL COURT AT THE REQUEST OR UPON ORDER
BY THE JUDGE; DESCRIBING SUCH WORK RELEASE PROGRAM; PROVIDING FOR
IMPRISONMENT IN LIEU THEREOF; PROVIDING FOR CREDIT AGAINST THE FINE AT A
REASONABLE RATE; EXEMPTING PERSONS UNDER 18 YEARS OF AGE; AND PROVIDING
GUIDELINES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and
Guerrero absent at the time the vote was taken; Strong absent.
38. FIRST READING
CONSENTING TO THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM ATHENA
CABLEVISION OF CORPUS CHRISTI, INC. TO TCI CABLEVISION OF TEXAS, INC.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and
Guerrero absent at the time the vote was taken; Strong absent.
Minutes
Regular Council Meeting
August 11, 1987
Page 28
39. FIRST READING
AMENDING CHAPTER IV, ENTITLED IDENTIFICATION AND INVENTORY, OF THE
PRESERVATION PLAN ADOPTED PURSUANT TO SECTION 28A-6 OF THE ZONING ORDINANCE
OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on its first reading by the following vote:
Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and
Guerrero absent at the time the vote was taken; Strong absent.
* * * * * * * * * * * * * * *
Mayor Turner suggested that the City Council consider eliminating the usual
morning Workshop Meeting on Tuesdays and begin the Regular Council Meeting at
9:00 a.m. every Tuesday. She pointed out that the new Charter prohibits
discussion of any items during the morning workshop that are to be considered
during the afternoon. She explained that workshops could be conducted in the
afternoon after the Regular Council Meeting if necessary. Discussion followed
and the Council Members indicated their concurrence with this suggestion.
* * * * * * * * * * * * * * *
Mayor Turner called for the City Manager report.
City Manager McDowell thanked the Council again for their comments in
regard to his performance of duties as City Manager. He informed the Council
that the moving date for the new City Hall has been changed to the end of
January.
Mayor Turner then called for Council Liaison Reports on Committee/Project
assignments:
Council Member Rhodes reported that the Port Authority had some items on
their agenda that day that were important and would have some effect on the City
and stated that she would have a report on this next week.
Mayor Pro Tem Moss reported on the Regional Transit Authority stating that
they had a meeting scheduled Wednesday at 5:30 p.m. but they did not have a
quorum. He explained that they are having difficulty in obtaining a quorum for
their meetings.
Council Member Rhodes stated that the Corpus Christi Library Board would
like to set up committees to advise them on different aspects of the operation,
and City Manager McDowell pointed out that the City Charter prohibits any board
from setting up Ad Hoc Committees unless they are approved by the City Council.
In regard to the Corpus Christi Area Convention & Visitors Bureau, Council
Member Pruet referred to their new logo and name change.
Minutes
Regular Council Meeting
August 11, 1987
Page 29
Council Member Guerrero asked the Staff to provide a report on the flight
situation into Corpus Christi. He noted that the airlines are overbooking their
flights into Corpus Christi. He explained that the preceding evening he had
returned to Corpus Christi from a trip and the airline on which he was flying
had offered $500 to anyone who would give up a seat, noting that they had
overbooked it by 14 passengers.
City Manager McDowell stated that discussions are continuing with the
airlines and they hope to improve the situation in the near future.
Council Member Guerrero expressed concern about work performed by
contractors, subcontractors, inspectors, etc. in that the consumer is not being
protected. He referred to the deteriorating condition of a citizen's home which
had been purchased and was now falling apart.
Council Member Pruet inquired about the status of using people who owe
fines to Municipal Court for City projects, and it was pointed out that there
was an Ordinance on the agenda on first reading to allow this practice.
City Manager McDowell informed the Council that Staff is considering the
possibility of ditch -cleaning as a project for privatization.
Mayor Turner referred to the report during the morning on their visit to
Yokosuka, Japan which included the recommendation that the Sister City Liaison
person be changed from the Park and Recreation Department to Information
Services in order to set up displays of material on the City's Sister Cities.
City Manager McDowell replied that he would like to study this further
before changing that to Information Services and would provide a report on this
in a week or two.
Council Member Guerrero inquired about the possibility of using Community
Development Block Grant Funds for a major baseball park for the City, and
Assistant City Manager Kelly Elizondo informed him that CDBG funds could be used
for that purpose.
City Manager McDowell stated that this could be considered but the cost
would be between $4 and $5 Million. He stated that they are also considering
discussing this with the school districts.
Mr. Elizondo stated that he had met with school representatives to discuss
this possibility, and Mayor Turner suggested that Council Members Berlanga,
Guerrero and Mendez work on that committee with Mr. Elizondo.
Council Member Berlanga referred to the upcoming appeal on the old
courthouse building, and Mr. McDowell explained that this is scheduled for
August 25th. He explained that Mr. Bennett, at this time, has 120 days to start
bringing it up to code or tear it down, and if Mr. Bennett cannot afford to
demolish the building, the City will be responsible.
Minutes
Regular Council Meeting
August 11, 1987
Page 30
There being no further business to come before the Council, on motion by
Mayor Pro Tem Moss, seconded by Council Member Guerrero and passed unanimously,
the meeting was adjourned at 5:32 p.m. August 11, 1987.
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
11, 1987, which were approved by the City Council on August /8, 1987.
WITNESSETH MY HAND AND SEAL, this the
etty Tu er, MAYOR
day of Seta -11 /q %-
L
Armando Chapa, City Secreta
City of Corpus Christi