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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." MICROFILMED tes . „alar Council Meeting August 30, 1988 Page 2 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. tes . _alar Council Meeting August 30, 1988 Page 3 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 T tes „alar Council Meeting August 30, 1988 Page 4 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. ites ncgular Council Meeting August 30, 1988 Page 5 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. T rtes regular Council Meeting August 30, 1988 Page 6 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 rtes regular Council Meeting August 30, 1988 Page 7 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. ices ncgular Council Meeting August 30, 1988 Page 8 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 rtes ncgular Council Meeting August 30, 1988 Page 9 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. rtes Regular Council Meeting August 30, 1988 Page 10 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 ites mrgular Council Meeting August 30, 1988 Page 11 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: rtes htgular Council Meeting August 30, 1988 Page 12 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 ates Regular Council Meeting August 30, 1988 Page 13 "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. ates 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. rtes 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. utes 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. utes 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 ates 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 utes 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 if_ 19 Y day of 1cThrtt- / -t- Armando Chapa, City Secretary City of Corpus Christi jJCL -L(1 i./(2../4 -6-C-- etty jetty Turne, MAYOR T T