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HomeMy WebLinkAboutMinutes City Council - 12/01/1987PRESENT Mayor Betty Turner Mayor Pro Tem Rhodes Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 1, 1987 9:00 a.m. 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 and Pledge of Allegiance to the Flag of the United States were led by Council Member Moss. A motion was made by Council Member Guerrero that the Minutes of the Regular Council Meeting of November 24, 1987 be approved as presented; seconded by Mayor Pro Tem Rhodes and passed unanimously; Strong absent at the time the vote was taken. * * * * * * * * * * * * * Dan Blosser, Director of Safety and Risk Management, and Mayor Turner recognized the employees who have completed CPR training. Each employee was presented a plaque by the Mayor. The employees who have completed the training are: Anthony Hinojosa, Building Inspection; Ruben Ramirez, Convention Center; Roel Montalvo, Human Resources, Sergeant Randy Walker, Police Department; Sisu Morris, Recreation Division; Dennis Rocha, Traffic Engineering; Ron Coleman, Fire Department; Raul Vasquez, Safety & Risk Management; and Mike Vargo, Water Division. Mr. Cecil Burney, Chairman of the Fund Drive for the Art Community Center gave a brief status report on the Center's fund drive for the City Hall Anne: He stated that $135,000 has been raised. Dorothy Kucera presented the Council with the project operation/maintenance budget for the first twelve months in the new facility. * Council Member Strong arrived at 9:18 a.m. MICROFILM lutes regular Council Meeting December 1, 1987 Page 2 * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee Appointments. The following appointments were made by the Council: Citizens Advisory Health Board Roland Goertz Julia Williams Helen Bechtel Library Board Deidre Norton Lilias Hammerick Bill Keys Gene Pennebaker Don Surratt Walter Brown * Kay Didear * Dorothy McCoy * Landmark Commission Lawrence Balderas Carolyn Tinker Dr. Barragy Paula Gaut Claude D'Unger Peggy Clark Johnny Hipp Nadine Coyle Nueces Co. Community Action Agency Mary Pat Slavik (Carlos Valdez) * These three are appointed contingent upon the passage of an ordinance that will increase membership by three members. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the sidewalks along Glenoak Drive from Waldron Road to St. Peter Street. Mr. Victor Medina, Director of Engineering, opened bids on the project from the following firms: Backhoe Lease Service, Inc.; Construction Assistance & Services; A. Ortiz Construction & Paving; and Stefek Construction Company. Mr. Medina verified that all companies submitting bids had submitted the required security bond or cashier's check and acknowledged receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on the above project. * * * * * * * * * * * * * Mayor Turner recessed the Council Meeting at 9:34 a.m. to convene the Corpus Christi Health Facilities Development Corporation. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 9:56 a.m. lutes negular Council Meeting December 1, 1987 Page 3 It was the consensus of the Council to move Item No. 24 to this point on the agenda. Mayor Turner opened the paving assessment hearing for the Weber Road Improvements project indicating assessments of $38,098.24 on 24 items. City Attorney George conducted the formal portion of the hearing. He called as his first witness, Mr. Victor Medina, Engineering Director. Through questioning of the witness, Mr. George determined that Mr. Medina is a Registered Engineer in the State of Texas; he is a City Engineer for the City of Corpus Christi; he has a degree in Civil Engineering; and he is familiar with the project. Mr. Medina explained the project to the Council and stated the project is being constructed jointly by the City and the State Department of Highways and Public Transportation. He stated that those properties within the City limits and abutting on the improvements are assessed a portion of the cost. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser, licensed in the State of Texas; he is a certified real estate broker; he has been practicing real estate and appraising property for about 15 years; he is familiar with the project; and he has examined each parcel. He stated that, in his opinion, the improvements would enhance the value of the properties involved at least in the amount of the assessments. There were no comments from the audience. A motion was made by Mayor Pro Tem Rhodes to close the public hearing; seconded by Council Member Pruet and passed unanimously. City Secretary Chapa informed the Council that the Ordinance will be forthcoming within the next two weeks. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 6 and Council Members requested that Items 3, 4, 5 and 6 be withheld for discussion. 1. M87-0381 Approving plans and specifications and authorizing receipt of bids on December 29, 1987, for completing the installation of sanitary sewers in the Nottarb Place Subdivision. lutes ,.:gular Council Meeting December 1, 1987 Page 4 2. M87-0382 Approving plans and specifications and authorizing receipt of bids on December 29, 1987, for the relocation of a waterline crossing Oso Creek at Chapman Ranch Road. A motion was made by Council Member Slavik to approve Motions 1 and 2; seconded by Council Member Moss and passed unanimously by those present and voting; Guerrero and Strong absent at the time the vote was taken. 3. M87-0383 Accepting the Peoples Street T -Head Improvements project and authorizing final payment of $15,394 to Progressive Structures, Inc. 4. M87-0384 Authorizing the City Manager or his designee to enter into a contract with the Coastal Bend Council of Governments in the amount of $10,000 with a $2,500 in-kind match to begin a housing match program in Corpus Christi. There are no city monies involved. 5. M87-0385 Approval of the extension of the Joint Tax Office Building Lease with Josephine Sparks. 6. M87-0386 Authorizing the City Manager or his designee to advertise for bids for Coliseum Concession rights. The present contract expires January 1, 1988. In reference to Item No. 3 accepting the Peoples Street T -Head Improvements project and authorizing final payment of $15,394 to Progressive Structures, Inc., Council Member Slavik inquired about what determines when the blue shades are removed, and City Manager McDowell replied weather conditions which might damage the structures and the need for repairs would be the reasons the structures would be taken down. He stated it is the intent for structures to be up all year around, subject to certain conditions. In reference to Item No. 4 authorizing the City Manager or his designee to enter into a contract with the Coastal Bend Council of Governments in the amount of $10,000 with a $2,500 in-kind match to begin a housing match program in Corpus Christi, with no city monies involved, Mayor Turner asked if the City should be taking on another program at this time when it will probably require some municipal or agency funding next year. Mayor Turner also inquired if an agency could accept these funds and deal with it directly. Assistant City Manager Bill Hennings stated this is a demonstration program involving a contract with the Texas Department of Aging through the Coastal Bend Council of Governments; and it is the intent of the program that once established, the program be transferred to an appropriate agency for continuation on a long term basis. lutes regular Council Meeting December 1, 1987 Page 5 City Manager McDowell stated that the City Council needs to make that position clear that it must be reviewed on a case by case basis for continued funding; it is a demonstration only; and funding needs to come from another source or the program will be discontinued. In reference to Item No. 5 concerning approval of the extension of the Joint Tax Office Building Lease with Josephine Sparks, Council Member Moss inquired if this lease would be terminated in February after the move to the new City Hall, and City Manager McDowell stated it would terminate some time in February. There were no comments from the audience on the above items. In response to a question from Council Member Pruet concerning Item No. 6 authorizing the City Manager or his designee to advertise for bids for Coliseum Concession rights because the present contract expires January 1, 1988, City Manager McDowell stated there is no provision for an extension in the contract. He continued by stating there are two options, advertise for bids for a new contract expiring January 1, 1990 or grant an extension of the present contract until January 1, 1990. He also stated it is the Coliseum Manager's recommendation to extend a two-year contract with the current concession. He stated if this is the option the Council decides on, both the Bayfront Plaza and the Coliseum could be bid in one package in 1990. Mayor Pro Tem Rhodes stated she had a problem with extending the contract without taking bids. Council Member Guerrero expressed the opinion that an extension should be given and accept bids in 1990 when both units would make it advantageous for someone to bid. City Manager McDowell stated it is Staff's recommendation to extend the contract with the current concession and open bids in 1990 for both facilities. In response to a question from Council Member Guerrero, Mr. McDowell stated it is conceivable that the City could lose money in going out for bids now. Council Member Guerrero stated no one has ever come close to what the City is getting now from this individual and stated he would move to extend the contract and solicit bids in 1990. Council Member Moss stated it could be bid for two years and the present contractor would be able to bid. The Mayor called for public comment. lutes ,regular Council Meeting December 1, 1987 Page 6 Mr. Bobby Smith of Speedy Food Service, a concession business, expressed the opinion that the fair thing to do is to open bids for a two-year contract and in 1990 open bids for both facilities. Mr. Noble of Noble Food Service addressed the Council and asked them to consider extending the present contract. He stated if the Council decided to go out for bids for a two-year contract, he would bid. Council Member Pruet inquired, that since the two facilities bid at the same time would be more advantageous, if there was any possibility of negotiating with the Convention Center Concessionaire to bid ahead of time. Mr. McDowell replied he was not sure and stated there may not be enough time to negotiate to change the contract and accept bids for both facilities by the first of the year. He stated the Council could exercise the option to extend for a shorter period of time and staff could try to negotiate the Convention Center contract so that both facilities could be bid at the same time. Council Member Slavik again stated she hesitates to extend the contract; she feels the wise thing to do is to solicit bids for two years; and in 1990, bid it as a package. A motion was made by Council Member Slavik to approve Items 3, 4, 5 and 6; seconded by Council Member Guerrero and passed unanimously; Berlanga abstained on Item No. 6. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings and Council Members requested that Items 7, 9, 10 and 11 be withheld for discussion. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes and the following were passed: 8. ORDINANCE NO. 20087 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: South Padre Island Drive (S.H. 358) and Park Road 22 From east of the Oso Bay Bridges to a point east of Laguna Shores Road; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." lutes ,.egular Council Meeting December 1, 1987 Page 7 12. ORDINANCE NO. 20089 AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH SMARTE CARTE, INC. FOR A SELF-SERVICE BAGGAGE CART OPERATION AT THE AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 13. ORDINANCE NO. 20090 AUTHORIZING THE EXECUTION OF A 20 YEAR LEASE WITH TWO 20 YEAR OPTIONS FOR LOTS 1 AND 2, BLOCK 60, BEACH ADDITION, AT THE CORNER OF FITZGERALD AND MESQUITE STREETS, TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 20091 AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS OF PERMISSIBLE CONFINEMENT OF PERSONS CONVICTED, AMENDING THE WORK RELEASE PROGRAM FOR INDIGENTS ADJUDGED GUILTY IN MUNICIPAL COURT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 20092 AMENDING THE CITY CODE, CHAPTER 35, OIL AND GAS WELLS, SECTION 35-57, MARINE RECREATION AREA, GULF OF MEXICO, TO INCLUDE THE AREA OF THE GULF OF MEXICO ANNEXED BY ORDINANCE NO. 20039 ON OCTOBER 27, 1987; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." In response to a question from Council Member Moss concerning Item No. 7, a resolution authorizing reimbursement to the General Fund in the amount of $322,413.67 for first quarter 1987-88 engineering services on various bond fund projects, Community Development Block Grant projects, Shade Chaparral Street project funded by the Parking Improvement Fund, Botanical Gardens Waterline and Museum Expansion projects funded by the Economic Development Trust Fund, and Miguel Pro Sanitary Sewer Relocation project funded by the Wastewater Trust Fund; appropriating $77,968.87 to supplement previously appropriated funds of $244,444.80, Mr. McDowell stated this a procedure by which the Engineering staff lutes regular Council Meeting December 1, 1987 Page 8 performs work and is then reimbursed for those expenses; it is done every few months to charge the various bond fund projects for those projects; and this is budgeted for reimbursement. There were no comments from the audience on the above item. In regard to Item No. 9 concerning the preliminary assessment roll for the South Padre Island Drive and Park Road 22 Improvements, Council Member Moss asked for identification of Park Road 22, and Mr. McDowell replied that this is Padre Island Drive. There were no comments from the audience on the above item. In regard to Item No. 10 concerning the first reading amending Chapter 12, Boats, Bays and Waterways, of the City Code by providing more effective regulation of commercial activities in the marina, as recommended by the Marina Advisory Board, Mayor Pro Tem Rhodes inquired if the City issues permits to sell seafood and the amount of the fee. Mr. McDowell stated the fee is $200. Bob Bruner, Marina Superintendent, explained to the Council that commercial shrimpers must have a Seafood Permit to sell seafood in the Marina while some shrimp boats catch fresh seafood daily, others are buying it elsewhere and selling it from their boats, and this is not the "day's catch." The proposed ordinance would require the shrimpboaters to actually catch the seafood daily. In response to a question from Mayor Turner regarding the Health Department's ruling, Mr. Bruner stated that the vendors and commercial shrimpers must first attend a school on handling of seafood, obtain an annual Health Permit from the Health Department for $50, and then obtain an annual permit for $200 from the Marina to sell seafood in the Marina. He stated there are weekly inspections and a Health Inspector is now assigned to the bayfront area. He stated that the deheading of the fish is the biggest problem. Mayor Turner called for public comment. Angie Bodukaglu, 426 Buenos Aires, spoke in opposition to the proposed ordinance and expressed the opinion that seafood customers prefer to have the fish they purchase deheaded before taking it home. Mayor Turner referred questions to Mr. Bruner concerning the deheading of fish after the sale and if there is a problem with having a back-up boat. Mr. Bruner stated that once the debris gets in the slip a net must be used to pick it up. He also stated the commercial operator can sell the "day's catch" from the back of their boats under the commercial license from the State of Texas, not under the ordinance of the City of Corpus Christi. Council Member Strong recognized Mr. Frank Dickerson, Regional Law Enforcement Director of the Park & Wildlife Department for South Texas, in the audience and asked if he would comment on this matter. lutes ..egular Council Meeting December 1, 1987 Page 9 Mr. Dickerson informed the Council that the commission passed a ruling in Austin last year prohibiting the sale of seafood on boats or floating devices as a place of business; it must be a permanent structure. Council Member Strong inquired if this supersedes that rule that says a commercial fisherman could sell his "catch of the day" and Mr. Dickerson replied that he could sell from the back of his boat the "catch of the day," the difference is in the way he sells it; a back-up boat would be considered a place of business and not the boat that caught the seafood; and he informed the Council that the penalty for breaking the law is $25 - $500. Bill Evans, 306 East Causeway, stated he was for the amendment. Speaking in opposition to the amendment were Paul Lara, 3810 Holly; Bill Lara and Jane Stubbs, 4334 Ocean Drive. After discussion, a motion was made by Council Member Strong to amend the ordinance to allow for deheading of fish after purchase with proper disposal of heads, seconded by Council Member Slavik and passed unanimously; Pruet absent at the time the vote was taken. Mayor Turner asked Mr. Dickerson to provide the Council with information on this matter. Hank Snyder, a member of the Marina Advisory Board, expressed his support of this ordinance and commended Mr. Bruner for his fine work. William Sissamis, 549 Cascade, stated he was in favor of the amendment. Council Member Berlanga expressed concern for the vendor. He stated the City needs to be fair to everyone. Council Member Strong suggested that the Farmer's Market look into having an area for seafood vendors. Mr. McDowell stated that the City is not preventing the vendor from selling, but the State law prohibits them from selling the way they are now. In regard to Item No. 11 concerning the first reading authorizing the City Manager or his designee to enter into a five-year lease agreement with the U.S. Army Corps of Engineers for the lease of a slip in the marina, Council Member Moss inquired as to the amount of the increase in the rate lease and Mr. Bruner stated 33% effective in March, 1988. There were no comments from the audience on the above item. City Secretary Chapa polled the Council for their votes and the following were passed: lutes ..egular Council Meeting December 1, 1987 Page 10 7. RESOLUTION NO. 20086 APPROPRIATING $77,968.87 TO SUPPLEMENT $244,444.80 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 9. ORDINANCE NO. 20088 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENTS OF THE FOLLOWING STREET: South Padre Island Drive (S.H. 358) And Park Road 22 From east of the Oso Bay Bridges to a point east of Laguna Shores Road; DETERMINING THE PORTION OF SAID COST TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON JANUARY 5, 1988, IN COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 10. FIRST READING AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY DELETING SECTION 12-47, PERMITS REQUIRED FOR COMMERCIAL ACTIVITY; REGULATIONS, IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 12-47; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading, as amended by earlier motion, by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 11. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR THE LEASE OF A SLIP IN THE MARINA. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * * Mayor Turner called for consideration of Items 16 and 17. There were no comments from the audience on the above items. lutes regular Council Meeting December 1, 1987 Page 11 City Secretary Chapa polled the Council for their vote and the following were passed: 16. FIRST READING AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH KAMPING PLEASURES, INC. (KOA CAMPGROUND) ON A 40 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 17. FIRST READING AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH ROBERT A. ROTH DBA SUNRISE BEACH ON A 45 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the first zoning application: 18. Application No. 1087-3, Mr. Ruben B. Cisneros: "I-2" to "B-5": For a change of zoning from "I-2" Light Industrial District to "B-5" Primary Business District on a portion of Lots 5, 7, 8, and 9, all of Lot 6, and the alley closed by Ordinance No. 19600, Block 16, Chamberlain Subdivision, located between Agnes and Marguerite Streets, and between 14th Street and the Crosstown Expressway. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval. There was no opposition from the audience on this zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Pruet and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: lutes ..egular Council Meeting December 1, 1987 Page 12 ORDINANCE NO. 20093 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RUBEN B. CISNEROS BY CHANGING THE ZONING MAP IN REFERENCE TO THE REMAINING PORTION OF LOTS 5, 7, 8, AND 9, ALL OF LOT 6, AND THE ALLEY CLOSED BY ORDINANCE NO. 19600, COMPRISING ALL OF BLOCK 16, CHAMBERLAIN SUBDIVISION, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "13-5" PRIMARY BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 19. Application No. 1087-4, Mr. Pat K. Hrissikopoulos: "R -1B" to "AB": For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 19, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 425' south of Gollihar Road. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval. There was no opposition from the audience on this zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Mayor Pro Tem Rhodes and passed unanimously by those present and voting; Strong absent at the time the vote was taken. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20094 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PAT K. HRISSIKOPOULOS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 19, BLOCK 6, KOOLSIDE ADDITION, FROM "R -1B" ONE -FAMILY SWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Slavik voting, "Aye"; Strong absent at the time the vote was taken. * * * * * * * * * * * * * lutes ..egular Council Meeting December 1, 1987 Page 13 Mayor Turner opened the public hearing on the following zoning application: 20. Application No. C1087-1, City of Corpus Christi: "AT" to "I-2": For a change of zoning from "AT" Apartment -Tourist District to "I-2" Light Industrial District, being all City property east of Block 411 and north of Block 388, a portion of Blocks 411, 390, 382, and 72, and all of Blocks 71, 383, 384, 388, and 389, Brooklyn Addition, City of Corpus Christi, Nueces County, Texas, located south of Corpus Christi Bay and north of Gulden Street, between Gulfbreeze Blvd. and East Causeway Boulevard. Mayor Turner stated that the Planning Commission and Planning Staff's recommendation is denial, and in lieu thereof, grant a special permit for Phase 1 of a water theme park. No one spoke in opposition to this zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Berlanga and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20095 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR PHASE I OF A WATER THEME PARK ON A 20.87± ACRE TRACT CONSISTING OF A TRACT EAST OF BLOCk 411 AND NORTH OF BLOCK 388, PRESENTLY OWNED BY THE CITY OF CORPUS CHRISTI, A PORTION OF BLOCKS 72, 382, 389, 390, AND 411, PORTIONS OF ORIGINAL STREET RIGHT-OF-WAY, ALL OF BLOCKS 71, 383, 384, AND 388, BROOKLYN ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 21. Application No. C1087-5, City of Corpus Christi: "AT" to "T -1A": For a change of zoning from "AT" Apartment -Tourist District to "T -1A" Travel Trailer Park District, on a 3.00± acre tract out of portions of Block 389, Block 411, and portions of the original street right-of-way out of Brooklyn Addition, located south and west of the intersection of Hull Street and Timon Boulevard. Mayor Turner stated that the Planning Commission and Planning Staff's recommendation is denial, and in lieu thereof, grant a special permit for Phase 1 of a water theme park. rotes ..agular Council Meeting December 1, 1987 Page 14 There was no opposition from the audience on this zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20096 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RECREATIONAL VEHICLE PARK ON A 3.00 ACRE TRACT OUT OF PORTIONS OF BLOCK 389, BLOCK 411, AND PORTIONS OF THE ORIGINAL STREET RIGHT-OF-WAY OUT OF BROOKLYN ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 22. Application No. 987-5, Vera Auto Parts: "8-1" to "B-4": For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 12, Block 1, Laguna Acres, located on the southeast corner of Horne Road and Teresa Street. Mayor Turner stated that both the Planning Commission and Planning Staff's recommendation is for denial because a site plan had not been admitted. Mr. Daniel Vera representing Mr. Paul Vera, the owner presented the Council with a site plan and stated that on September 16, 1987 the Planning Commission recommended denial, but in lieu thereof, granted a special permit, subject to an acceptable site plan. In answer to a question from the Mayor, Planning Director Larry Wenger stated that the screening fence needs to be extended to the property line toward Horne Road, and there was no objection from the applicant. In answer to a question from Council Member Berlanga regarding complaints from the neighbors, Mr. Wenger stated that the applicant would have to comply with the site plan in relation to the parking. Mayor Pro Tem Rhodes expressed the opinion that it would be unfair to the neighbors if this were approved because they objected to it and are under the impression that it would have been denied today, and they did not know a site plan was going to be presented. lutes negular Council Meeting December 1, 1987 Page 15 Mr. Vera stated that he has a proffer from the neighbor who complained about the use of the property recanting his objections to Mr. Paul Vera, but stated there was no time to obtain the letter and present it to the Council. Mr. Wenger pointed out that a notice was sent out to the neighbors 15 days prior to this meeting and it did not indicate that it would be denied, but was merely a request for change of zoning from "B-1" to "B-4". There were no objections from the audience on this application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed. City Secretary Chapa pointed out that the appropriate action would be a motion and an ordinance will be brought back to the Council and it will require six affirmative votes to approve. A motion was made by Council Member Guerrero to approve the Planning Staff's recommendation for denial, but in lieu thereof, grant a special permit for auto repair with conditions. The motion was seconded by Council Member Berlanga and passed; Rhodes voting, "No." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following: 23. Amendment to the Platting Ordinance: Amending Section IV, Design Standards, Subsection A, Streets by Adding Private Streets to be designated as Subsection A.19. No one spoke in opposition to this amendment. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: FIRST READING AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION A, STREETS, BY ADDING PRIVATE STREETS TO BE DESIGNATED AS SUBSECTION A.19; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * lutes _.egular Council Meeting December 1, 1987 Page 16 Mayor Turner opened the hearing on an appeal of an excavation permit granted by the Planning Commission on October 28, 1987. Larry Wenger, Director of Planning, stated that on August 19, 1987, King Construction Company submitted an application for an excavation permit on 180 acres in Flour Bluff. He stated that the Planning Commission first considered the application on September 30, 1987 and on that date tabled the application until October 28, 1987 to allow the Staff time to obtain further information. He stated that on October 28 the Planning Commission granted an excavation permit on 60 acres of the property with 18 additional conditions on the permit. Mr. Wenger continued by stating that on November 6, a formal notice of appeal was received in the City Secretary's Office from Mr. Ben Hammond, 3818 Flour Bluff Drive; Mr. Hammond's letter of appeal cited five factors of primary concern to him; therefore, on November 9, the Department of Engineering Services notified King Construction Company that the permit had been suspended pending further action by the City Council. Mr. Wenger showed slides of the vicinity and elaborated on some of the pertinent conditions of the application. Mr. Wenger noted that the Navy is now in opposition on the basis of bird strikes. He stated that the Staff supports the application with the 18 conditions. Mr. John Bell, 434, Sharon Drive, attorney representing King Construction Company, spoke in favor of the permit. He presented background information and stated that their intention is only to use the back 60 acres and that the property will be properly screened. He stated that in working with King Construction Company, their objective is to accommodate everyone and agree to every condition placed on the permit. He stated it is not intended to be a garbage dump and they have done everything to alleviate that concern. Mr. Bell pointed out that this permit, if issued, will be the most regulated piece of property in Flour Bluff. He noted they will have a 24-hour guard; they will keep records of the materials placed in the hole; and there will be City inspectors. He stated that they have complied with every condition and are still open to whatever suggestions the Council wants to make. After discussion by some Council Members, Mr. Ed Pritchard, attorney representing Mr. Ben Hammond and over 1,000 Flour Bluff residents who feel it will be a detriment to the community if this permit is granted, spoke in opposition to the permit. Mr. Pritchard presented material to the Council and stated that there is a grave concern as to the legality of this proceeding. He referred to a section in the City Code and noted that the application does not meet the requirement of the code. He then referred to other sections of the code which have not been followed, i.e. the taxes have not been paid, and then presented photographs of the area of what it looks like when it rains. He stated that the application is by King Construction Company and not the land owner, and that the Council does not know what the agreement is between the land owner and the construction company. Mr. Pritchard pointed out all the problems that could occur if the permit is granted. lutes aegular Council Meeting December 1, 1987 Page 17 In answer to some questions from Mayor Pro Tem Rhodes, Mr. Wenger stated that all of the concerns are covered in the permit. In answer to another question from Mrs. Rhodes about controlling the water problem, Mr. Bell stated that water is a problem; they cannot excavate any material from that property if it is full of water; and the permit specifically relates to the removal of all standing water as a matter of necessity in order to operate. After more discussion by the Council Members, Mr. Bell stated that the permit is only for one year; it will be a 10 to 15 -year project; and the ultimate objective is to reclaim all that property and to make it productive or as good as it was when they started. Others speaking in opposition to the excavation permit were: Mr. Vic Menard, 1510 Dove, representing the Flour Bluff -Island Business Association, who stated they feel it would be detrimental to the community; Mr. Mike Morgan, 3502 Golden Oak, an individual member of the Flour Bluff School Board; Ms. Gail Hoffman, 3432 Paradise Drive, representing the Flour Bluff Residents Association of about 1,500 people who have signed a petition against the excavation; Commander Greg Brubeck, Officer in charge of Construction and the Public Works Officer for the Naval Air Station, whose primary concern revolves around the aspect of aviation safety. He stated that they currently have bird strike problems and would like to see an alternate location found; and former Mayor, Mr. Farrell D. Smith. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Strong and passed unanimously; Guerrero absent at the time the vote was taken. It was the consensus of the Council not to grant the permit because of the opposition from the Navy and the residents of Flour Bluff. A motion was made by Mayor Pro Tem Rhodes to uphold the appeal thereby denying the excavation permit; seconded by Council Member Strong and passed unanimously. Mayor Turner recessed the Council Meeting at 1:05 p.m. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 2:25 p.m. and granted Mr. Larry Adams permission to speak before the Council. Mr. Larry Adams, 4409 O'Malley Street, attorney representing Mr. Frank Mendez, asked the Council to reconsider their vote of November 25 with respect to the removal of Mr. Mendez. He stated that he understood that any request for such motion to reconsider had to be made at the next scheduled Council Meeting. He stated that after the meeting they understood that some of the Council talked about the suspension of Mr. Mendez for some period of time rather than outright removal. Mr Adams referred to the Charter provision and a section of the code lutes _.egular Council Meeting December 1, 1987 Page 18 and stated that it is open to the Council for interpretation. He referred to the Minutes of the October 27 meeting on Page 12 where the City Attorney stated that the Council has the obligation to have the hearing and at the conclusion of the hearing, the Council can take whatever action they choose. Mr. Adams requested that it be an agenda item for next week to be reconsidered at that time. Mayor Turner noted that the motion to reconsider must be made by a Council Member who voted for the removal and asked if there was a motion, and no motion was made by a Council Member. * * * * * * * * * * * * * Mayor Turner called for Council liaison and other reports from the Council. Botanical Gardens - Council Member Slavik noted that there will be a very important announcement at next week's Council Meeting. RTA - Council Member Moss noted that there will be a meeting on Wednesday morning, December 2 at 8:00 a.m. Convention and Tourist Bureau - Council Member Pruet noted that on Friday afternoon at 2:00 p.m. the committee will meet again relative to a final decision on the National Collegiate Sports Festival. Mr. Pruet stated that he hoped everyone saw the current issue of Texas Highways on which the Corpus Christi Harbor Lights celebration was displayed on the cover. In reference to a replacement for Frank Mendez, Mayor Turner stated that she had asked the Legal Staff to provide the Council with a ruling from the Justice Department regarding the procedure that the Council intends to follow. She noted that a ruling has been received. City Attorney Hal George referred to a letter of June 26, 1987 from the Department of Justice Civil Rights Division regarding a supplemental Charter Amendment. He stated that he had spoken that morning with a Mrs. Lynn from the Justice Department, and she advised that the procedure has been cleared, and that there is no requirement for any kind of clearance by the Justice Department of the appointment. Mayor Turner requested that the lady Mr. George talked to be asked to put that in writing. The Council then discussed the replacement for Frank Mendez and decided that they are open for applications and resumes to see who is interested. It was the consensus of the Council that all resumes and letters of intent be submitted to and screened by the City Secretary and must be in his office by December 15 so that the appointment can be made by December 22 and no later than January 5. The Council also discussed the qualifications of the applicants pertaining to the Charter Provision. lutes ..egular Council Meeting December 1, 1987 Page 19 The Council then discussed having a workshop meeting to discuss the current and next year's budget. City Manager McDowell stated that next week the Staff will be prepared to give the Council a status report on the current budget and after the 1st of the year will begin the budget process for next year. Mayor Turner stated that she would like to create a Budget Committee to make recommendations to the Council on an ongoing review of the status of the budget. She then appointed Council Member Moss as Chairman of the Committee, along with herself and Council Members Guerrero and Pruet. In reference to the group from Laredo traveling to Corpus Christi this week, Council Member Pruet noted that they had a conflict and will not be coming until January 14 and 15. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on items not listed on the agenda. Mr. Steve Morales, 1321 South Fork, stated that he is primarily directing his remarks to Council Member Linda Strong who made some remarks on TV that he thought should be answered. He referred to the Frank Mendez matter and noted that the Charter was approved by the voters and the Council; the Charter says that five registered voters may petition the Council for a hearing; and that they do not have to appear. Mr. Morales pointed out that five Council Members approved the removal. He stated that he resented the remarks made about five "crazies off the streets" and asked for a public apology. He stated that he is concerned about the two young ladies and the one sick man who signed the petition, and that scurrilous remarks were made on TV. * * * * * * * * * * * * * The Council went into closed session at 2:54 p.m. pursuant to Article 6252-17 of V.A.C.S. to discuss land acquisition. * * * * * * * * * * * * * The Mayor reconvened the Council Meeting at 4:10 p.m. A motion was made by Council Member Pruet; seconded by Council Member Moss and passed unanimously to concur with the Staff's recommendation on land acquisition. The Mayor declared the meeting adjourned at 4:15 p.m. December 1, 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 December 1, 1987, which were approved by the City Council on December 8, 1987. 1 WITNESSETH MY HAND AND SEAL, this the 7 day of 'Z,-„ / 2 b k Betty T rner, MAYOR /( ftiu �tO If Armando Chapa, City Secretary City of Corpus Christi