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HomeMy WebLinkAboutMinutes City Council - 05/31/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 31, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Slavik, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Pruet. 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 Guerrero that the Minutes of the Special Council Meeting of May 23, 1988 and Regular Council Meeting of May 24, 1988 be approved as presented; seconded by Mayor Pro Tem Pruet and passed unanimously by those present and voting. Mayor Turner acknowledged Penrod Harris, Police/Emergency Management Director, and presented him with a Proclamation designating May 29 -June 4, 1988 as "Hurricane Preparedness Week." Mayor Turner Children's Hospital Network Telethon. designating May 29 Hospital Week. recognized Ms. Mary Wyatt of the Driscoll Foundation who commented briefly on the 1988 Children's Miracle Annual Mayor Turner presented Ms. Wyatt with a Proclamation through June 5, 1988 as Driscoll Foundation Children's Mayor Pro Tem Pruet referred to his memo of May 31 to the Council in reference to the frequency of City Council Meetings. Mr. Pruet stated that he would like to propose that the Council consider reducing the number of regularly Minutes Regular Council Meeting May 31, 1988 Page 2 scheduled City Council meetings and streamlining the meetings; specifically, that they consider scheduling the meetings on a monthly basis and have the City staff receive all bids. Discussion followed by various Council Members, and it was the consensus of the Council that this memo be referred to the City Manager for evaluation to include an estimate of the cost savings, as well as an outline of the possible benefits and/or problems as a result of a reduced frequency of Council Meetings. Mayor Turner acknowledged Ms. Dorothy Kucera, a representative of the Art Community Center, who presented material to the Council and displayed drawings of the proposed Art Community Center. Ms. Kucera informed the Council that as of this date, the group has raised $249,017.50. She informed the Council that a major South Texas Foundation has tentatively committed $200,000 to the renovation project which will be given only if the Art Community Center is assured of a long-term lease on the annex building, noting that the Foundation will be making their decision in about ten days. Ms. Kucera requested that the Council grant the Art Community Center a twenty-year lease and authorize the City staff to work out the terms of the lease contract mutually agreeable to both parties. Mr. George Brown, a representative of the CC'90 Task Force I project, challenged the business community to get behind this Art Community Center project and join him in supporting it. A motion was made by Council Member Rhodes to approve Motion No. 1; seconded by Mayor Pro Tem Pruet. Council Member Slavik inquired about the agreement for utility maintenance, and Ms. Kucera explained that the Art Community Center has not yet discussed this matter with the City Staff, noting that she is looking for someone to underwrite the utilities for the first year. She stated that she is confident that the Art Community Center would be self-sustaining after its first few months in operation. Council Member Strong pointed out that the Council needs to recognize the ten-day time frame of the grant proposal for the Art Community Center and instructed the Staff to work out the lease as quickly as possible in order for it to be on the agenda for next week. The vote on the aforementioned motion passed unanimously. 1. M88-0121 Authorizing the City Manager to negotiate an agreement for the use of the former City Hall Annex building on Shoreline Boulevard at Cooper's Alley as the Art Community Center. Mayor Turner referred to the Board and Committee Appointments. The following appointments were made: Minutes Regular Council Meeting May 31, 1988 Page 3 Airport Advisory Committee Water Shore Advisory Committee Sylvia Gulley - Reappointed R. C. Allen Sandra Zuniga Norberto Viamonte Daniel Pedrotti Ed Martin Pat Suter David McKee Harry Costner Housing Authority Coastal Bend Health Fac. Devel. Corp. Kay White Donnie Sluyter Lail Robinson Kennedy Causeway Advisory Committee David McKee Building Inspections Department Task Force Zernie Smith Warren Shaw Armando Martinez Bob Cruz Tom Williamson Terry Whitmire Jerry Mathieu Lew Larson Robert Jenkins Jim Howry Roland Wollitz David Brown Lee Montgomery Jesse Suarez Rep. from Better Bus. Council Member Guerrero inquired about the purpose of the Inspections Department Task Force, and Assistant City Manager Elizondo the purpose of the Task Force, noting that they are trying to develop which will be more efficient and help the City effectively enforce which are in effect. Bureau Building explained a system the laws Mr. Guerrero expressed concern that the Task Force not go after specific inspectors who are performing their jobs. * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 2 thru 4, and a Council Member requested that Motion No. 4 be withheld for discussion. A motion was made by Council Member Strong; seconded by Council Member Slavik to approve Motions 2 and 3. The motion passed unanimously by those present and voting. In reference to Motion No. 4 pertaining to penalties for permit violations at the City's landfills, Council Member Slavik inquired if the City is now in compliance with the Texas Department of Health, and Assistant City Manager Garza noted that presently the City is in substantial compliance with the state's regulations, but at any given point the City may need to go back and double up Y Minutes Regular Council Meeting May 31, 1988 Page 4 to ensure that they get back into compliance. He noted that the City is developing an operations plan in order to have a much tighter control of what is going on in the landfills. Council Member Moss inquired if other cities had trouble with the state in fining them, and Assistant City Manager Garza replied in the affirmative, noting that the state has increased its efforts in terms of fines in all cities for non-compliance. Mr. Garza pointed out that the fines which are before the Council today represent a reduction of ten percent of the original fine. A motion was made by Council Member Strong to approve Motion No. 4; seconded by Council Member Berlanga and passed unanimously by those present and voting; Guerrero, Pruet and Schwing absent at the time the vote was taken. 2. M88-0122 Awarding a contract in the amount of $52,858 to CTWP for an office automation system for the Jobs Training Program. 3. M88-0123 Accepting the Sanitary Sewer Relocation project at the proposed Raw Water Reservoir site at the 0.N. Stevens Water Treatment Plant and authorizing final payment of $10,249.20 to Backhoe Lease Service, Inc. 4. M88-0124 Authorizing payment of an administrative penalty in the amount of $12,960 to the Texas Department of Health for permit violations cited at the Elliott and Westside Landfills. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 5 thru 15, and Council Members requested that Items 10, 14 and 15 be withheld for discussion. In reference to Items 8 and 9 pertaining to Easement Closure Requests, Council Member Moss inquired if the City could be paid for abandoning these easements, and Assistant City Manager Garza noted that by Ordinance the City is specifically exempted from payment for the abandoning of utility easements. There were no comments from the audience on the items. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting May 31, 1988 Page 5 5. RESOLUTION NO. 20330 AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH ISLES ENGINEERING AND CONSTRUCTION, INC. FOR QUANTITY INCREASES IN PIPE, SERVICE CONNECTIONS, AND PAVEMENT REPAIR; ACCEPTING THE RIVERSIDE PARK SANITARY SEWER IMPROVEMENTS PROJECT; GRANTING A TIME EXTENSION; AUTHORIZING FINAL PAYMENT; AND APPROPRIATING $23,958.39. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 6. RESOLUTION NO. 20331 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT; AND APPROPRIATING $177,000 OUT OF THE NO. 511 STORM SEWER BOND FUND APPLICABLE TO PROJECT NO. 511-86-5.1, AND $93,000 OUT OF THE NO. 512 STORM SEWER BOND FUND APPLICABLE TO PROJECT NO. 512-87-5.1 FOR A TOTAL OF $270,000 FOR ACQUISITION OF THIS PARCEL AND NINE OTHER PARCELS TO BE ACQUIRED FOR THE MARY CARROLL CHANNEL WIDENING PROJECT. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 7. ORDINANCE NO. 20332 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GODFATHERS PIZZA OF CORPUS CHRISTI TO ALLOW INSTALLATION OF A BUILDING CANOPY ABOVE THE PUBLIC RIGHT-OF-WAY OF NORTH CHAPARRAL STREET FOR A FEE OF $100; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 8. ORDINANCE NO. 20333 CLOSING AND ABANDONING A 3 -FOOT WIDE BY 40 -FOOT LONG PORTION OF THE 15 -FOOT WIDE UTILITY EASEMENT IN LOT 10, BLOCK 3, PELICAN BAY ESTATES, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. Minutes Regular Council Meeting May 31, 1988 Page 6 9. ORDINANCE NO. 20334 CLOSING AND ABANDONING A 10 -FOOT WIDE BY 304 -FOOT LONG UTILITY EASEMENT IN LOT 7, BLOCK 2, COUNTRY CLUB ESTATES UNIT 20, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 11. FIRST READING AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 4 WITH THE FEDERAL AVIATION ADMINISTRATION TO FAA LICENSE NO. DOT-FA78SW-1073 TO PROVIDE A SITE FOR MALSR ON RUNWAY #13 AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 12. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIRST NATIONAL BANK OF CORPUS CHRISTI FOR THE OPERATION OF AN AUTOMATIC TELLER MACHINE AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. 13. SECOND READING AMENDING ORDINANCE NO. 19910 AND AUTHORIZING THE EXECUTION OF AN AMENDED LEASE AGREEMENT WITH SINSAN, INC., FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. In reference to Item No. 10 pertaining to Zoning Application No. 987-5 - Vera Auto Parts: "B-1" to "B-4," City Secretary Chapa informed the Council that there is a correction in this Ordinance, noting that it should be Lot 12 instead of Lot 2. Council Member Slavik noted that she previously voted in favor of this application and referred to the support material which the Council received, expressing concern about large trucks being repaired on the subject site in violation of the Ordinance. Regular Council Meeting May 31, 1988 Page 7 Mr. Brandol Harvey, Planning Director, stated that it is his understanding that those violations have been cited and are being pursued, noting that as of last Friday, the violations were continuing on site; inspections are continuing to occur; and violations are being cited. In answer to a question from Mayor Turner, City Manager Garza noted that the City will continue to make inspections and action would be taken against the applicant for the violations. Mr. Daniel Vera, attorney for the applicant, referred to the violations and pointed out that they are on an adjacent lot and separate from the one being considered, noting that he has explained to the applicant the ramifications of non-compliance. Mr. Vera noted that inside the auto parts store there is an auto vehicle and light truck vehicle inspection station. He noted that the Special Permit is limited to auto repair and stated that he hoped the Special Permit did include light trucks also. He mentioned that he has received sixteen signed letters from neighbors indicating that they have no objection to the applicant operating in the present fashion. Council Member Moss referred to Items 14 and 15 pertaining to the Electrical Code Ordinance and the Electrical Licensing Ordinance, noting that he has received several phone calls from electrical contractors and suggested postponing these items. Mr. Moss made a motion to postpone Items 14 and 15 for one week; seconded by Council Member Rhodes and passed unanimously by those present and voting; Berlanga and Guerrero absent at the time the vote was taken. There were no comments from the audience on Items 14 and 15. City Secretary Chapa polled the Council for their votes and the following were passed: 10. ORDINANCE NO. 20335 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VERA AUTO PARTS BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO REPAIR SHOP RESTRICTING THE REPAIR TO INSIDE THE BUILDING ONLY, AND REQUIRING THAT A STANDARD SCREENING FENCE BE CONSTRUCTED ALONG THE SOUTH AND EAST PROPERTY LINES, ON LOT 12, BLOCK 1 - LAGUNA ACRES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Schwing and Strong voting, "Aye"; Rhodes and Slavik voting, "No." 14. Withdrawn AMENDING- THE -6F'£-€ODE1- CIIAFF&R-4 ,--8iiH4DFi3G6•;-GONSTRWG 4ON--At3i9--RELAT£B OPERATION9t--HfRH4116-ANB--HOi364NG-PR£MIRE6--6444PDARDSIr-BV-4446ND4FiG-ART;6&£ i;IT€ 1.0Aa -6EG ON6- 13-43 AND 44-965 40- PRGVIH& FOR TUE REPAI4 AND REPLA6£MENT- '01044ENTS-{444414 }--A66£14&Ir •&6--WITROUT-P-F,AMi$$;--I4&WHi£--ANB Minutes Regular Council Meeting May 31, 1988 Page 8 EBENTiFY-A,OC,AT-104-4-A--),I4GO #SGT-1-NF,-}1SAN6;--ANB T-FF&-4-DEEN4+4TEA 4 W --9F EbEGTREGAELV-E',EWAGEI} FENG-HiG;--PROV4DIN6-4'-SEV-EhANGSr-A-44KPFHDFNG-FOR PUBIAGATEANr 15. Withdrawn AMENBENG- TIIE-GETV--JOI}Ey--GIIAp.'FEh--I3-y--I41.H INGS}--66N&4'Ii3IF.T4AN-.ANI}-RBI,ATBB APERATEANS;-3iGUEriNG--ANB-4149U ING--PREMISES-fig,_-BV-45MERRA-NG-ARTI6b8 F4ET- EEI:I43AI,s-4g4;4FANS-I.3-7-2s--I3-43z--3-3 7 -Sr ANB-43-4-7T-40--FR4VH�ir-PAR TWA-42}-ABBITEANAh-GLASSEFE6ATEANS-AF-IA6ENSEST-EBENTEFIGATEAN-AP-METHOD-AF E E6ENS EN AT-464441.1464414G-PEES-44AR--BXAMENATE AN--0R--EA 68NG ET--ANB--INGREASIN6 AS6A61ATEB-GAST-EllMEPI,AAEMENq-AAiPITI-GATE.�FGENSI5-41R4V,HD-R3G-FAR-SEVERANGEt ANB-PROVIDING-F9R-P88BE6ATEANT * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 16 pertaining to Amending FY 87-88 Budget by adding a Fire Protection Engineer. There were no comments from the Council Members or the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 16. ORDINANCE NO. 20336 AMENDING ORDINANCE NO. 19891 WHICH ADOPTED THE FISCAL YEAR 1987-88 BUDGET BY PROVIDING FOR A CIVILIAN POSITION (FIRE PROTECTION ENGINEER) AND DELETING ONE FIREFIGHTER I POSITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of the Plat Appeal - Skipper Addition, Block 1, Lot 2 - Appeal of Platting Requirement of Water Construction Plans and Construction. Assistant City Manager Garza noted that the Platting and Zoning Ordinance for all industrial property requires that when platting, the provision for water service be done through an eight -inch main. Mr. Garza noted that the Planning Commission denied the applicant's waiver, and it is the staff's recommendation not to waive the requirement of the applicant to eliminate the water construction plans and construction requirement on the final plat of Skipper Addition, Block 1, Lot 2. Minutes Regular Council Meeting May 31, 1988 Page 9 Assistant City Manager Elizondo explained the appeal process, noting that the applicant was notified of the City's position and that this item was going to be scheduled. A motion was made by Council Member Rhodes to deny the appeal; seconded by Mayor Pro Tem Pruet and passed unanimously by those present and voting; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and City Manager Garza referred to last week's Council Meeting when the Council authorized the payment of $70,000 for the acquisition of parcels 2 and 3 located on Surfside Boulevard between Bennett Street and Canal Avenue in connection with the Aquarium Land Acquisition Project. Mr. Garza noted that the owners had indicated that they would not file an appeal at a stipulated amount of $70,000 and have backed out of that agreement. Mr. Garza informed the Council that he would like to pay $60,000. Mayor Turner referred to the opening of the Water Garden, noting that it was a tremendous success and pointed out that as soon as possible, the City should develop a series of policies in connection with the Water Garden. Mayor Turner referred to the recent sailboarding regatta, noting that it was a tremendous success and expressed appreciation to the City staff. She referred to the launching area in the park, noting that there are some serious problems. She stated that she would like to put together a Task Force made up of Dr. Charles Allen and people involved in this event, charging them with the responsibility of making the area safe and providing their recommendations to the staff and City Council. Council Member Strong suggested that someone from the Water Shore Advisory Committee should sit in on the proposed Task Force's meetings. Council Member Moss inquired if the City recently appropriated money for the parking at Oleander Park, and City Manager Garza replied in the affirmative, noting that the sailboarding people requested that the City not commence construction until after the sailboarding event took place. Council Member Moss inquired about the architect's report in reference to the Police Station being located in the CP&L Building, and City Manager Garza noted that the City received the report last week; it has been distributed to the staff for input; and Assistant City Manager Garza indicated that after the staff has reviewed the report, it will be brought back to the Council. Mayor Turner suggested that a letter be written to the First Baptist Church expressing appreciation for allowing automobile parking in their lot for the sailboarding event. Minutes Regular Council Meeting May 31, 1988 Page 10 Mayor Turner called for liaison and other reports from the Council. Boat Pass - Council Member Strong noted that the Corps' permit is pending, and a recommendation will be made soon. Botanical Gardens - Council Member Slavik noted that the recent fair was very successful. Downtown Revitalization - Council Member Berlanga noted that the group is anxiously awaiting the architect's report pertaining to the CP&L Building. Mr. Berlanga noted that the Farmers Market is operating in the CP&L Building. Convention and Visitors Bureau - Council Member Pruet referred to the recent TV program on the Ultimate Yacht Race, noting that the coverage was spectacular. Mr. Pruet referred to a surfing competition on the beach last week which also had excellent coverage, noting that the City's water related tourism efforts are on track. He noted that the Bureau is working very closely with the promoters of all of those events. Mr. Pruet referred to the 1991 National Religious Planners Convention, noting that the Bureau will be notified this week about the decision on the site of the convention. Council Member Strong informed the Council that the J24 North American racer championship boats will take place next week, and it is a massive event which will bring a major influx of sailors into the City. Mrs. Strong referred to comments from a Mr. Haas, a sailing enthusiast, who noted that the racing enthusiasts of the world will gather to watch the last two phases of the Ultimate Yacht Race in Connecticut and San Francisco. Mrs. Strong noted that Mr. Haas has recommended that Corpus Christi set up a booth at both of these events for the sale of Corpus Christi T-shirts and literature. Council Member Slavik inquired if the City has an update schedule on the local water supply, noting the shortage of water in San Antonio, and City Manager Garza pointed out that is a different basin, noting that they have made an attempt to get some of the Nueces water shed water, and the City blocked them at that point. Mr. Garza noted that the Council requested information on this matter a few weeks ago. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, referred to the letter to the Council from Council Member Pruet about eliminating Council Meetings and noted that the public was not asked to comment on this item. He expressed the opinion that it was not a good idea, and that the City could save money in other ways, noting that the elimination of Council Meetings would be an attempt to destroy the democratic process. Minutes Regular Council Meeting May 31, 1988 Page 11 Mayor Turner pointed out that no action was taken on this item and it was referred to the City Manager. Mr. John Tanguma, President of the Local Firefighters, informed the Council that the week of July 10 thru July 15 will be the Texas Firefighters Olympics. Mr. Tanguma noted that he went to San Antonio to view the Radio Communications system, noting that it is a good system and the City should move forward to acquire this type of system. Mr. Hal Wasson presented photographs to the Council. At 4:05 p.m. the Council went into closed session under authority of Article 6252-17, Section 2(e) of V.A.C.S. to discuss pending/contemplated litigation. (Condemnation matters and bond matters) Mayor Turner reconvened the Council Meeting at 4:50 p.m., and there being no further business to come before the Council, she adjourned the Council Meeting at 4:52 p.m. on May 31, 1988. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of May 31, 1988 which were approved by the City Council on June 7, 1988. WITNESSETH MY HAND AND SEAL, this the / Y i'- day of etty Turner MAYOR Armando Chapa, City Secretary City of Corpus Christi