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
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* * * * * * * * * * * * *
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.
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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.
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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.
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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.
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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."
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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
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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.
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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:
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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.
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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:
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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.
* * * * * * * * * * * * *
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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.
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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.
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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."
* * * * * * * * * * * * *
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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.
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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
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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.
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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