HomeMy WebLinkAboutMinutes City Council - 08/30/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Linda Strong
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing
Mary Pat Slavik
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 30, 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 delivered by Chaplin Peter DeRuitter following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Leo Guerrero.
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.
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of August 23, 1988, and there being no additions or corrections, she
proclaimed them approved as written.
* * * * * * * * * * * * *
Mayor Turner recessed the Council Meeting at 2:10 p.m. to convene the JTPA
Executive Committee Meeting.
Mayor Turner reconvened the Regular Council Meeting at 2:35 p.m.
* * * * * * * * * * * * *
Mayor Turner recognized Dr. Charles Allen who presented the Council with a
book entitled "Boardsailing Guide to the Coastal United States."
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Dr. Allen acknowledged Mr. Gary Bushell, Director of the Economic
Development Corporation, who briefly commented about the economic impact of the
sailboarding industry to the City of Corpus Christi.
Dr. Allen presented a report from the Mayor's Task Force on Sailboarding
and the proposed improvements to Oleander Point for windsurfing and improved
public access. Dr. Allen displayed renderings of the proposed improvements
which total $266,000. Dr. Allen presented material to the Council and stated
that the task force estimates it will take approximately $136,000 for waterfront
improvements, including construction of the groins, beach sand and concrete
grouting of rubble at the base of the park's bluff. He stated that another
$130,000 would be needed for construction of the restroom and shower building,
an observation deck and landscaping. Dr. Allen noted that the task force is
recommending site no. 2 for the construction of the building, noting that the
structure could be built so that it would not be noticeable from Ocean Drive,
and that if the money cannot be found to build it properly, the City should
delay construction until there is proper funding.
Discussion followed and Council Members expressed concern that the
visibility of the bay should not be hidden and that the shoreline should remain
clear.
Dr. L. W. 0. Janson, a resident on Ocean Drive, expressed concern that the
Council Members had not heard of the Open Spaces Act of Congress 1963,
elaborating on the Act and pointing out that it indicates that there shall be no
construction on any of this land.
Ms. Rosie Garza, 2825 Ocean Drive, expressed concern about turning the park
into a windsurfing hangout. She indicated that when Dr. Huebner sold the land
to the City, there were specifications. Ms. Garza expressed the opinion that
she is sure Dr. Huebner did not want anything built on the property.
Ms. Gwen Bryant, 5029 Morganser, Chairman of the Parks and Recreation
Advisory Committee, noted that they are unanimous in support of the sailboarding
project, indicating that it will be a healthy money maker for the City.
Mr. Calvin Bush, 2901 Ocean Drive, declared that when he purchased his
property, he was told that no structures would be built in that area. He
indicated that he is not against sailboarding, but opposes construction at the
park, noting that there are other places the improvements could be built.
Mayor Turner pointed out that the proposal is an intent to improve the
area, not do anything illegal and not obstruct anyone's view.
Council Member Slavik inquired if the Legal staff studied the Open Spaces
Act, and City Attorney George responded by stating that the staff is studying
the Open Spaces Act issue and a report will be presented to the Council.
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After more discussion, a motion was made by Council Member Guerrero that
this matter be referred to staff with the following directions: 1. that this be
a priority project, providing that it does not violate laws; 2. funding be
available from a one-time source; 3. final authorization for restroom facility
design to be brought back to the Council for approval.
Council Member Rhodes offered some amendments which the Council concurred
with including 1. making the restroom facility as low as possible; 2. move
forward on the beach portion of the project; 3. money be a one-time source from
the Economic Development Trust Fund.
The motion was seconded by Council Member Pruet.
Council Member Berlanga requested a report on the valuation of the
properties.
The motion passed unanimously.
* * * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 6, and
Council Members requested that Motions 5 and 6 be withheld for discussion.
A motion was made by Council Member Guerrero to approve Motions 1 thru 4;
seconded by Council Member Berlanga and passed unanimously by those present and
voting; Strong and Pruet absent at the time the vote was taken.
In reference to Motion No. 5 pertaining to the Corpus Christi Museum
Expansion, Assistant City Manager Utter noted that the City will have the bid
dates after the sale of the bonds, indicating that next week the Council will
receive information in reference to the Museum.
Mr. Utter indicated that a 1986 bond issue authorized $300,000 for the
renovation of the Bluff Balustrade. He noted that the balustrade will all be
restored and that plans will be presented to the Council after the meeting. He
stated that the tunnel will have a large wooden decorative door and will not be
closed, indicating that sometime in the future the tunnel may be viable. Mr.
Utter stated that the project will be finished next summer.
Mr. Tom Henderson, Chairman of the Museum Advisory Committee, spoke in
support of the proposed museum expansion and introduced people affiliated with
the museum. Mr. Henderson invited the Council to an Open House on September 8
at 7:30 p.m. at the museum.
A motion was made by Council Member Rhodes to approve Motion No. 5;
seconded by Council Member Berlanga and passed unanimously by those present and
voting; Strong, Guerrero and Pruet absent at the time the vote was taken.
In reference to Motion No. 6 pertaining to the Whitecap Boulevard
Relocation, Assistant City Manager Jesus Garza provided an explanation of the
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five major changes pertaining to Change Order No. 1 in the amount of $54,802.55
to the contract with King Construction Company and Isles Engineering and
Construction Company. Mr. Garza indicated that the City's share will be
$39,779.60 due to Island Development Company's cash contribution for the added
Windward Drive improvements.
In answer to a question from Council Member Slavik, Assistant City Manager
Garza indicated that the City is subtracting its expense from the total, and the
construction company has given the City a check for the difference. He
indicated that the firm of Shiner, Moseley designed the plans, noting that they
were designed on the best available information.
A motion was made by Council Member Berlanga to approve Motion No. 6;
seconded by Mayor Pro Tem Strong and passed unanimously by those present and
voting; Guerrero absent at the time the vote was taken.
1. M88-0196
Approving a supply agreement for potassium permanganate with Van Waters &
Rogers for $80,850 based on low bid. The term of the agreement will be
twelve months with option to extend for up to an additional twelve months
subject to the approval of the supplier and the City Manager or his
designee. This item is used by the Water Division for treatment of our
water supply.
2. M88-0197
Approving the request by Bayfest, Inc. to close the following street
sections for the purpose of holding the Bayfest '88 festival on September
16, 17, and 18, 1988:
North Shoreline Boulevard, between Interstate 37 and Hughes Street, from
Wednesday, September 7 through Wednesday, September 21, 1988.
Belden, Power, Palo Alto, Fitzgerald, Resaca and Hughes Streets, between
Water Street and Shoreline Boulevard, from Friday, September 16 through
Sunday, September 18, 1988.
3. M88-0198
Accepting the Stage II Traffic Signal Underground Vehicle Detection Systems
Project, and authorizing final payment of $12,080 to V.C. Huff, Inc.
4. M88-0199
Approving plans and specifications and authorizing receipt of bids on
October 4, 1988, for the Bluff Balustrade Renovation and La Retama Park
project.
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5. M88-0200
Approving plans and specifications and authorizing receipt of bids on
October 11, 1988, for the Corpus Christi Museum Expansion.
6. M88-0201
Approving Change Order No. 1 in the amount of $54,802.55 to the contract
with King Construction Company, Inc. and Isles Engineering and Construction
Company, a Joint Venture, for various changes to the contract for the
Whitecap Boulevard Relocation project.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings on Items 8 thru 16, and Council Members
requested that Items 7, 9 and 12 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
8. RESOLUTION NO. 20433
AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL CONTRACTUAL AGREEMENT WITH THE
STATE OF TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION, RELATIVE TO THE ACQUISITION OF ONE PARCEL FOR THE
CROSSTOWN EXPRESSWAY EXTENSION.
The foregoing Resolution passed by the following vote: Turner, Strong,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero
absent at the time the vote was taken.
10. RESOLUTION NO. 20435
AUTHORIZING THE EXECUTION OF XEROX ORDER AGREEMENTS FOR 60 -MONTH LEASE
TERMS, INCLUDING FULL SERVICE MAINTENANCE, AS AMENDED, WITH XEROX
CORPORATION FOR THE ACQUISITION OF TWO COPIERS FOR THE POLICE DEPARTMENT
FOR A TOTAL COST OF $143,853.50.
The foregoing Resolution passed by the following vote: Turner, Strong,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero
absent at the time the vote was taken.
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11. RESOLUTION NO. 20436
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE TEXAS STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR FUNDS TO CONTINUE THE TRASER TRAFFIC
MONITORING PROGRAM.
The foregoing Resolution passed by the following vote: Turner, Strong,
Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero
absent at the time the vote was taken.
13. ORDINANCE NO. 20438
AUTHORIZING THE EXECUTION OF A CONTRACT WITH NUECES COUNTY COMMUNITY ACTION
AGENCY (NCCAA) FOR THE CONSTRUCTION OF BUILDINGS TO BE USED AS HEADSTART
LEARNING AND COMMUNITY CENTER FACILITIES IN THE MOLINA/LOS ENCINOS AREA AND
SPOHN HOSPITAL AREA AND ENTERING INTO A LEASE AGREEMENT WITH NCCAA;
APPROPRIATING $160,000; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Strong, Berlanga, Moss, Pruet, Rhodes, Schwing and
Slavik voting, "Aye"; Guerrero absent at the time vote was taken.
14. FIRST READING
AMENDING SUBSECTION (J) OF SECTION 6-10 OF THE CODE OF ORDINANCES RELATING
TO REDUCED LICENSE FEES DURING PET HEALTH CAMPAIGNS.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Strong, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Guerrero absent at the time the vote was taken.
15. FIRST READING
CHANGING THE NAME OF HILLTOP ROAD TO CLIFF CRENSHAW STREET.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Strong, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Guerrero absent at the time the vote was taken.
16. SECOND READING
AUTHORIZING THE EXECUTION OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CORPUS
CHRISTI PETROCHEMICAL COMPANY; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Strong, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Guerrero absent at the time the vote was taken.
In reference to Item No. 7 pertaining to the Oso Creek Parkland
Acquisition, Phase 1 - parcel 2, Council Member Slavik requested that she be
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provided an area map to see what land the City plans to purchase in the future.
She referred to the first portion of parcel no. 1 which was a donation and
inquired if the City made an attempt to have this property donated as a gift,
and if in the future the staff will try to get the property donated, and
Assistant City Manager Hennings replied that the staff tries to purchase the
property at the lowest possible price. Mr. Hennings explained that the first
parcel was acquired on a partial donation basis at the suggestion of the seller.
In reference to Item No. 9 pertaining to the Resolution supporting 4U for
Corpus Christi University, Mayor Turner presented background information
pertaining to the Resolution, noting that the Resolution also supports the
adoption of enforceable safeguards to continue Del Mar College as an outstanding
community college and supports Texas A&I University's efforts to obtain
additional masters and doctoral programs.
In reference to Item No. 12 pertaining to the sale of surplus City property
- 2901 W. Surfside, Lot 1, Block 53, Brooklyn Addition, Council Member Slavik
inquired how close the lot is to the proposed aquarium project and inquired if
$.80 a square foot is reasonable, and Assistant City Manager Utter located the
lot on a map, noting that the property in the general area is selling for
between $.70 to $1.00 a square foot. Mr. Utter indicated that the property has
been advertised and has not been sold.
Council Member Rhodes expressed the opinion that the City should not sell
the property in that area, and Mr. Utter replied that it is the Council's
decision, noting that the sale is part of a City Council approved project to
dispose of surplus City property that was begun in May, 1987.
Council Member Rhodes inquired what the income from the property would be
if the City sold the property, and Mr. Utter stated that a large percentage of
the taxes would go into the Reinvestment Zone, indicating that it would be a
couple of hundred dollars in taxes.
There were no comments from the audience on these items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
7. RESOLUTION NO. 20432
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
96.617 ACRES IN CONNECTION WITH THE OSO CREEK PARKLAND ACQUISITION, PHASE
I; AND APPROPRIATING $826,250.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
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9. RESOLUTION NO. 20434
SUPPORTING LEGISLATION CONVERTING CORPUS CHRISTI STATE UNIVERSITY TO A
FOUR-YEAR PLUS COMPREHENSIVE UNIVERSITY OF HIGHER EDUCATION.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong
absent at the time the vote was taken.
12. ORDINANCE NO. 20437
AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED OF LOT 1, BLOCK 53,
BROOKLYN ADDITION, TO AMERICAN DEVELOPMENT COMPANY FOR $6,500; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Schwing and Slavik
voting, "Aye"; Rhodes voting, "No"; Strong absent at the time the vote was
taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 17 pertaining to
approving a supply agreement for mechanical, flanged -end, and swivel hydrant
fittings and Item No. 18 pertaining to approving the purchase of microcomputer
systems for STLS.
There were no comments from the audience on Items 17 and 18.
A motion was made by Council Member Guerrero to approve Items 17 and 18.
The motion was seconded by Council Member Slavik and passed unanimously by those
present and voting; Strong absent at the time the vote was taken.
* * * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 19 pertaining to Whitecap
Boulevard Relocation.
City Manager Garza noted that this recommendation is approving Amendment
No. 1 to the cooperative agreement with Lake Padre, Ltd. for the reconstruction
and improvements to Whitecap Boulevard, relating to changes in the street
configuration and obligations for installation and maintenance of landscaping.
Mr. Garza stated that the original agreement briefly discussed landscaping along
the streets; Lake Padre was to provide this item with the City contributing a
maximum of $20,000. He noted that the responsibility for maintenance and
irrigation costs was not addressed, noting that the City staff and Lake Padre
have met and agreed to a division of responsibilities relating to the
landscaping. Mr. Garza explained that the proposed agreement indicates that
Lake Padre, Ltd. would landscape Whitecap Boulevard, noting that Lake Padre will
install and maintain all walkways, overlook/rest shelters and landscaping along
Whitecap and Windward, indicating that this is estimated to cost $566,000. He
stated that the City would contribute $20,000 to the installation of the
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landscaping, noting that the anticipated annual maintenance cost is to be
between $50,000 and $60,000.
Mr. Garza continued by stating that the City will provide, at no cost to
Lake Padre, 8,550,000 gallons of water per year plus an additional 2,000,000
gallons during the first year since new landscaping requires more water. He
explained that all water in excess of this amount will be paid for by Lake
Padre, and the estimated annual cost to the City is $16,000. Mr. Garza noted
that the City will pay the monthly electrical charges for the lights in the
overlook and for the sprinkler controllers, and the estimated annual cost to the
City is $150.00. Mr. Garza noted that this project has been considered for
several months, pointing out that it will serve a tremendous public benefit in
opening up that area and promises to become one of the most popular beaches in
the area.
Mr. Ralph Durden, President of Island Development Corporation, a General
Partner in Lake Padre, Ltd., presented the Council with material pertaining to
the project. Mr. Durden displayed artist's renderings of the proposed plan and
explained the Master Plan and the modifications, elaborating on the lighting,
the planning, the landscaping, the rest stops, shade shelters and the overlooks.
Mr. burden referred to where the old Whitecap intersected Windward Drive, noting
that his company wants the City not to close that street all the way to Windward
for the purpose of an overlook park, elaborating on the park. He pointed out
that this will be the first access which the City of Corpus Christi has to the
public beach, noting that this public/private venture will meet the needs of the
community. Mr. Durden briefly explained the project and in summarization,
indicated that the money Lake Padre will have spent on the Boulevard will be
returned over the years in value and growth.
Mayor Turner expressed appreciation to Mr. Durden, noting that he has set a
fine example. She inquired if there will be a written standard for the
maintenance and about failure to comply, and Mr. Durden indicated that they have
been working for a year with consultants in putting together a Master
Association, indicating that the association will assume the responsibilities
for the landscaping, noting that the Master Association would be forever. Mr.
Durden indicated that the agreement will support and protect everyone's
interest, noting that Lake Padre has a joint responsibility with the City.
Council Member Slavik inquired why a loop street was deleted from the plan,
and Mr. Durden explained that the plan was changed based on economics, noting
that the street does not decrease circulation or public access at all.
Council Member Slavik inquired how the City benefits in giving the water
away, and City Manager Garza explained that it would be to the City's advantage;
the City will provide the water; and they will handle the maintenance. Mr. Garza
explained the benefits to the City, i.e. the maintenance of the shade shelters,
street lighting systems, the infrastructure, and pointed out that this will lead
to a major public beach.
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In answer
water donation
and is subject
provision that
agreement does
process.
to a question from Mrs. Slavik about the City's obligation on the
every year, City Manager Garza indicated that it is ninety days
to an appropriations provision. Mr. Garza stated that there is a
the City could mutually amend the agreement, noting that the
have a provision that subjects it to the annual appropriations
In answer to a question from Mrs. Slavik, Mr. Durden explained that the
Property Owners Association and the Padre Island Investment Corporation are
different organizations, elaborating on the differences. He explained that the
POA is an association of all the home owners on the island; they assess the
property owners for their revenue; it will be an annual assessment; and the
covenants go with the property. He stated that whatever the association
assesses, the property owners have to pay.
City Secretary Chapa polled the Council for their votes and the following
Resolution was passed:
19. RESOLUTION NO. 20439
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR
RECONSTRUCTION AND IMPROVEMENTS TO WHITECAP BOULEVARD, EAST OF PARK ROAD
22.
The foregoing Resolution passed by the following vote: Turner, Strong,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 20 thru 25, and Council
Member Schwing requested that Item No. 22 be withheld for discussion.
There were no comments from the audience on the items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
20. FIRST READING
AMENDING SECTION 19-33 OF THE CODE OF ORDINANCES TO ESTABLISH INCREASED
FEES FOR HEALTH PERMITS FOR FOOD SERVICE ESTABLISHMENTS HAVING MORE THAN
TWENTY-FIVE EMPLOYEES.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik
voting, "Aye."
21. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, BY ADDING A NEW
SECTION 53-106 TO ESTABLISH PROCEDURES AND REQUIREMENTS RELATING TO
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OVERSIZED VEHICLES UTILIZING CITY STREETS; REQUIRING A PERMIT; ESTABLISHING
AN APPLICATION FEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik
voting, "Aye."
22. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREETS AND SIDEWALKS,
SECTIONS 49-15 AND 49-16, TO INCREASE THE PERMIT APPLICATION FEES FOR
TEMPORARY STREET CLOSURES AND TO ADD A NEW CLASSIFICATION FOR NEIGHBORHOOD
EVENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Strong, Berlanga, Moss, Rhodes, and Schwtng voting, "Aye"; Guerrero
voting, "No"; Pruet and Slavik absent at the time the vote was taken.
23. FIRST READING
AMENDING THE MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS, ADOPTED
BY SECTION 49-40 OF THE CITY CODE OF ORDINANCES, INCREASING THE DRIVEWAY
PERMIT APPLICATION FEE TO $25; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik
voting, "Aye."
24. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-195,
SUBSECTION (1) TO INCREASE THE PERMIT FEE/SERVICE CHARGE FOR OCCUPYING
PUBLIC RIGHT-OF-WAY DURING CONSTRUCTION OR REPAIR OF BUILDINGS TO $80 FOR
USE OF PARKING LANES AND LOADING ZONES FOR USE OF PARKING LANES AND LOADING
ZONES AND $90 FOR USE OF TRAFFIC LANES, SIDEWALKS AND ALLEYS; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik
voting, "Aye."
25. SECOND READING
AMENDING THE CITY CODE, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE
TIME ACTIVITIES, SECTION 36-11, CURFEW; ALCOHOLIC BEVERAGES, SUBSECTION
(A); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on second reading by the following vote:
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Turner, Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik
voting, "Aye."
In reference to Item No. 22 pertaining to User Fee increases for services
provided by the Engineering Services Department, Council Member Schwing referred
to the support material which the Council received pertaining to the Street
Blockage and Special Event Permits, expressing the opinion that there should not
be any charge for neighborhood block parties. He stated that the people have
contributed in taxes and are doing something in a neighborhood to improve the
quality of life, noting that they are not making any money.
Council Member Guerrero concurred with Council Member Schwing, noting that
if there cannot be a no -charge on the closing of the street, he would like to
exempt the CDBG area.
Council Member Rhodes pointed out that the Council balanced the budget
based on the collection of this money.
Carl Crull of the Engineering Department explained the amount of staff time
involved pertaining to street blockage and special event permits. He indicated
that there have not been that many neighborhood block party permits issued in
the last year; the City has collected about $300; and to his knowledge, very few
have been waived, noting that these were fees included in the Griffith User Fee
Study.
Discussion followed and Council Member Schwing made a motion to amend the
ordinance and not charge for neighborhood block parties, especially if they are
not run for profit. The motion was seconded by Council Member Guerrero.
Mayor Pro Tem Strong concurred with Council Member Rhodes, noting that the
Council has included the increases in fees as part of the budget; the staff has
the ability to use their discretion when the fees should not be charged; and it
is appropriate for the City to recoup the costs wherever possible.
The motion failed to pass by the following vote: Turner, Berlanga,
Guerrero, Moss, Schwing and Slavik voting, "Aye"; Strong and Rhodes voting,
"No"; Pruet absent at the time the vote was taken.
* * * * * * * * * * * * * * *
Mayor Turner noted that Item No. 26 pertaining to the consideration of the
appeal filed by Jose Gogue of the decision of the Building Standards Board of
June 23, 1988 for property located at 806 Elesa has been withdrawn.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
27. Application No. 788-2, Mr. John H. Thomason: For a change of zoning from
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"AB" Professional Office District and "AB" Professional Office District
with a "SP" Special Permit to "B-1" Neighborhood Business District on Lots
7, 8, and 9, Block 1, Koolside Addition, located on the west side of
Airline Road approximately 400' north of McArdle Road.
Mayor Turner indicated that the Planning Commission and Planning Staff
recommend denial, and in lieu thereof, grant a new special permit for the
continuation of a restaurant use on Lots 8 and 9. She inquired if the permit is
acceptable to the applicant, and he replied in the affirmative.
There were no objections from the audience.
A motion was made by Mayor Pro Tem Strong to close the public hearing;
seconded by Council Member Guerrero and passed unanimously by those present and
voting.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20440
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. JOHN H. THOMASON BY
GRANTING A SPECIAL COUNCIL PERMIT FOR A RESTAURANT ON LOTS 8 AND 9, BLOCK
1, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed: Turner,
Strong, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Pruet absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
28. Application No. 788-3, Nueces County Senior Citizens, Inc.: For a change
of zoning from "R -1B" One -family Dwelling District and "R -1B" One -family
Dwelling District with a "SP" Special Permit to "A-1" Apartment House
District on Lot 22, Block 1, Gollihar Park 2, and 2.465 acres out of Lot
12, Section D, Paisley Subdivision of the Hoffman Tract, located on the
south side of Gollihar Road, approximately 375' west of Leon Street.
Mayor Turner indicated that the Planning Commission and Planning Staff
recommend approval of this application.
There were no objections from the audience.
A motion was made by Council Member Rhodes to close the public hearing;
seconded by Council Member Guerrero and passed unanimously by those present and
voting.
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Kegular Council Meeting
August 30, 1988
Page 14
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20441
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES COUNTY SENIOR
CITIZENS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 22, BLOCK 1,
GOLLIHAR PARK 2 AND 2.465 ACRES OUT OF LOT 12, SECTION D, PAISLEY
SUBDIVISON OF THE HOFFMAN TRACT FROM "R -1B" ONE -FAMILY DWELLING DISTRICT
AND "R -1B" ONE -FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO "A-1"
APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Strong, Guerrero, Moss, Rhodes, Schwing and Slavik
voting, "Aye"; Berlanga abstaining; Pruet absent at the time the vote was
taken.
NOTE: Council Member Berlanga first voted "Aye" and then indicated he
had meant to abstain, and the Council accepted his change in vote.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
29. Application No. 788-4, Mr. Ray Drake: For a change of zoning from "B-4"
General Business District and "B-1" Neighborhood Business District to "I-2"
Light Industrial District on Lot F-3, Boulevard Acres, located on the west
side of Kostoryz Road, between South Padre Island Drive and Johanna Street.
Mayor Turner noted that the Planning Commission and Planning Staff
recommend denial, and in lieu thereof, grant a special permit for brick -faced,
mini -storage warehouses with no access to Johanna Street, and in substantial
accordance with the attached site plan which illustrates the proposed landscape
plan, the location of the buildings, and the limitation of the two-story
building heights to 21'.
Mayor Turner inquired if the recommendation was acceptable to the
applicant, and Mr. Tim Clower, agent representing the applicant, indicated that
it was not acceptable. He stated that it was acceptable the night of the
Planning Commission meeting, noting that they were confused by the architect,
offering a brief explanation of the situation. Mr. Clower presented the Council
with drawings of the buildings, elaborating on the drawings. Mr. Clower
indicated that they would like four buildings which would be two-story instead
of three, and he requested that masonry construction be allowed instead of brick
veneer.
Brandol Harvey, Planning Director, referred to the material presented to
the Council, indicating that there really is not a substantial difference in
what is proposed today from what was presented to the Planning Commission. Mr.
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Regular Council Meeting
August 30, 1988
Page 15
Harvey indicated that the Planning Staff recommends approval of the plan as
presented today.
There were no objections from members of the audience.
After discussion by the Council, a motion was made by Council Member
Guerrero to amend the zoning ordinance upon application of Mr. Ray Drake by
granting a special Council permit for mini -storage warehouses, the first story
to be masonry construction and the second story to be constructed of ribbed
metal veneer, with no access to Johanna Street, and in substantial accordance
with the site plan submitted which illustrates the proposed landscape plan, the
location of the buildings, and the limitation of the two-story building heights
to 21'. The motion was seconded by Council Member Pruet and passed unanimously.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Slavik and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed, as amended.
ORDINANCE NO. 20442
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RAY DRAKE BY GRANTING A
SPECIAL COUNCIL PERMIT FOR MINI -STORAGE WAREHOUSES ON LOT F-3, BOULEVARD
ACRES, THE FIRST STORY TO BE MASONRY CONSTRUCTION AND THE SECOND STORY TO
BE CONSTRUCTED OF RIBBED METAL VENEER, WITH NO ACCESS TO JOHANNA STREET,
AND IN SUBSTANTIAL ACCORDANCE WITH THE SITE PLAN SUBMITTED WHICH
ILLUSTRATES THE PROPOSED LANDSCAPE PLAN, THE LOCATION OF THE BUILDINGS, AND
THE LIMITATION OF THE TWO-STORY BUILDING HEIGHTS TO 21'; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing Ordinance, as amended, passed
by the following vote: Turner, Strong, Berlanga, Guerrero, Moss, Pruet,
Rhodes, Schwing and Slavik voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
The Council discussed the City Manager's recommendations
City Council Meetings. The Council approved the following:
1. Full implementation of "Consent Agenda" format:
resolutions and ordinances may be approved by one motion and one
A Council Member may continue to request that an item be removed
for agenda and
All motions,
roll -call vote.
from the agenda
for individual consideration. This modification will be an effective management
tool to conduct Council meetings in a quick and orderly fashion. It will
substantially reduce formalities such as roll call votes, etc.
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Kegular Council Meeting
August 30, 1988
Page 16
2. Approval of plans and specifications: Plans and specifications require
only the approval of the City Manager. This modification will implement changes
provided under the recently adopted City Charter, as approved by voters April
1987. This will not affect or reduce Council review of programs during the
annual review of the Operating and Capital Budgets or upon award of contracts,
but it will reduce the "routine" placement of these items on the agenda
resulting in staff and other interested parties attending proportionately fewer
meetings.
3. Opening of bids: With modifications to the General Provisions and
Requirements for Municipal Construction Contracts, bid openings can be conducted
before staff. Bid information would be provided to Council as part of the City
Manager's Report in the event some members wish to attend a bid opening. The
major benefit to be derived is that fewer staff members need attend Council
Meetings for matters which are clearly routine.
4. Final acceptance/Municipal Construction Contracts: Modify the General
Provisions and Requirements of Municipal Construction Contracts to provide for
final acceptance to occur upon the issuance of the City's Engineer Certificate
of Final Inspection. Information will be provided to Council through regular
City Manager's Reports of upcoming projects. In cases where Council wishes to
have a formal "Final Acceptance" of a major project, advance notification
through the City Manager's Report can be utilized to schedule a public acceptance
and appropriate ceremony.
5. Grant applications. No longer bring forth grant application requests
to Council unless required by the granting Authority or if the grant
application obligates the City to provide matching funds as a condition of the
award or grant. Information regarding grant applications will be provided to
Council as part of the City Manager's Report. Acceptance of a grant will
require Council action.
6. Exercise City Manager's authority, as provided under City Ordinance, to
execute standard form documents such as warranty deeds, right-of-way agreements,
releases of liens, and joint use agreements, so long as the document is
necessary to carry out a public works project, program or policy previously
approved by Council unless otherwise restricted by law. This eliminates the
redundancy of requiring several Council actions to implement what Council has
previously approved.
7. Council Action Requests: Items have heretofore been placed on the CARs
list at the request of a single Council Member. There are two types of CARs -
routine and non -routine. It seems appropriate that routine requests for
information and reports be provided. However, the volume of work required to
respond to each individual request has continued to escalate, and in some cases,
requires an inordinate amount of staff time to be devoted to prepare this
information. Council may wish to consider requiring an "informal consensus"
when complex requests and reports are made of staff. This will ensure that
staff time is dedicated to the areas which are of interest to the Council.
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Regular Council Meeting
August 30, 1988
Page 17
The Council approved another modification which requires specific Council
action prior to implementation, and the benefits are:
1. Public Hearings: Amend all City Ordinances which require the Council
to set a public hearing by allowing such hearing dates to be determined and set
administratively, unless otherwise required by law. This will not change the
manner in which the City Secretary's office notifies the public; however,
citizens will not be inconvenienced by attending two Council Meetings - the one
which sets the public hearing and the public hearing itself.
In regard to Change orders, it was the
to bring change orders for their approval.
In reference to RFP's, Mayor Turner
studies need to be brought to the Council.
consensus of the Council to continue
indicated that RFP's for consultant
The Council discussed the zoning cases, and Mayor Turner recommended that
zoning cases be brought to Council weekly instead of waiting for once a month as
has been done in the past.
The Council discussed the merits of having City staff members present at
the Council Meetings, and a consensus was not reached on this matter.
The Council discussed the scheduling of Council Meetings, and City Manager
Garza noted that the charter provision is specific and states Council Meetings
must be conducted every week. Mr. Garza indicated that he would like to try to
schedule the meetings with a busy meeting and then a not so busy meeting. No
consensus was reached on this matter.
Mayor Turner called for liaison and other reports from the Council.
Council Member Rhodes inquired about the presentation from the Port, and
City Secretary Chapa indicated that it could not be placed on the agenda until
it was presented to the Port.
Council Member Guerrero indicated that he has received material on
ordinances pertaining to the street ministry in Corpus Christi, noting that last
year there was a confrontation with the Bayfest people. He stated that this is
an issue every year and there should be an understanding, noting that as long as
they remain on public grounds, there is no conflict with the Code of Ordinances.
Mr. Guerrero referred to bids, noting that he had received a call from the
large insurance agency who bid on the disability insurance for the City. Mr.
Guerrero briefly explained the situation and requested that the staff check on
the matter.
Mr. Guerrero inquired about the swimming pool issue, requesting that the
neighbors in the area be made aware of what the City is doing in this matter,
�r
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Regular Council Meeting
August 30, 1988
Page 18
and City Manager Garza noted that the Council will receive a report on this
item before the next meeting.
Mr. Guerrero referred to the carpet purchase issue at the Bayfront, noting
that the City could be in trouble insurance -wise if the carpeting does not pass
the flammability test. Mr. Guerrero made a motion that this issue go before the
staff; let them make the decision on the matter; and not bring it back before
the Council. The motion died for lack of a second.
City Manager Garza indicated that the decision on the carpeting was made;
he was disappointed in the outcome; and the staff is moving forward and will do
the best they can to implement it. Mr. Garza indicated that he will look into
the matter of the flammability test.
Council Member Rhodes informed the Council that the bilingual theatre
season is opening; they are holding a press conference at 10:00 a.m. in the
Council Chambers on Wednesday morning, noting that the Council is invited.
Mayor Turner inquired about the time frame of the CPL building, and
Assistant City Manager Jesus Garza explained that the staff met with the
architects, and the building should be under construction within the next ten
months, indicating that the City will close the sale as soon as they can. In
reference to the time frame with the architect, Mr. Garza indicated that he will
provide that to the Council in the Thursday packet.
Council Member Guerrero inquired about the status of the 0.N. Stevens land
purchase, and Assistant City Manager Jesus Garza noted that they are in the
process of doing that, indicating that it will be done this week.
Mayor Turner referred to the wastewater treatment plant, indicating that
it should be made very clear to the Council what they are voting on, i.e., the
site, the study, and she requested the exact locations, and City Manager Garza
explained that it will all be clarified very clearly in a memo the Council will
receive in the Thursday packet.
In answer to a question from Mayor Turner in reference to the first pla,
City Manager Garza indicated that the consultant was never requested to specifyn
a location for the plant. She inquired if the first study recommended that the
size of the Oso plant not be increased, and Victor Medina, Engineering Services
Director, responding by stating that the consultants recommended a modification.
Council Member Schwing requested a status on the radio communications
system and a status report on the status of bidding the automotive brake
services and automotive oil changes.
Mayor Pro Tem Strong inquired about an EDC survey pertaining to an
incentive package for the City, and City Manager Garza indicated that the EDC
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Regular Council Meeting
August 30, 1988
Page 19
requested to make a presentation to the Council on that particular issue during
next week's Council Meeting.
Council Member Slavik referred to the wastewater treatment plant issue and
in answer to a question she posed, Grace McNett of the Engineering Department
stated that when the consultants completed their study, it was done after they
received input from the public participation committee during a public hearing;
there were six alternatives; and the consultants recommended alternative no. six
which provided for the construction of a new southside plant and modifications
of the Oso plant to 23 MGD. Ms. McNett explained that the study was brought to
the Council for acceptance, and the Council accepted the study which recommended
alternative no. six. She indicated that it was very clear that what the
consultant was recommending was alternative six, noting that Mr. Pillinger
supported the recommended modification to 23 MGD.
Council Member Pruet referred to the radio communications system and
inquired if the staff was able to make contact with the engineers from
Southwestern Bell, and City Manager Garza indicated that had not been done, and
he will pursue the matter.
Council Member Pruet referred to the issue of McArdle Road, and Assistant
City Manager Jesus Garza noted that the City needs to do an analysis of the
situation, noting that the issue will be brought before the Council.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda, and there was no participation from the audience.
* * * * * * * * * * * * *
Mayor Turner recessed the Council Meeting at 5:25 p.m. and the Council went
into closed session pursuant to Article 6252-17, Section 2(g), V.A.C.S. to
discuss personnel. (pending negotiations)
* * * * * * * * * * * * *
The Council reconvened from closed session and Mayor Turner declared the
Council Meeting adjourned at 5:50 p.m. on August 30, 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 August
30, 1988 which were approved by the City Council on September 6, 1988.
WITNESSETH MY HAND AND SEAL, this the cif--
19
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day of 1cThrtt-
/ -t-
Armando Chapa, City Secretary
City of Corpus Christi
jJCL -L(1 i./(2../4 -6-C--
etty jetty Turne, MAYOR
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