HomeMy WebLinkAboutMinutes City Council - 09/20/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Linda Strong
Council Members:
Leo Guerrero
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Frank Schwing
Absent
David Berlanga, Sr.
Clif Moss
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 20, 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 Council Member Guerrero following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Schwing.
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 acknowledged Fire Chief Juan J. Adame and R. E. Coleman,
Director of EMS, and presented them with a Proclamation designating September 18
- 24, 1988 as "Emergency Medical Services Week."
Mayor Turner acknowledged Ms. Christine Cotton, a representative of the
Daughters of the American Revolution, and presented her with a Proclamation
proclaiming September 17 - September 23 as "Constitution Week."
City Manager Garza recognized various City employees who staffed the
Emergency Operations Center during the recent Hurricane Gilbert and expressed
appreciation to the news media and Southwestern Bell.
Mayor Turner praised City Manager Garza on an outstanding job during
Hurricane Gilbert.
MICROFILMED
T
Minutes
Regular Council Meeting
September 20, 1988
Page 2
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of September 6, 1988, and there being no additions or corrections, she
proclaimed them approved as written.
Mayor Turner administered the Oaths of Office to the following Board &
Committee appointees: Mary Whitmire - Landmark Commission; Susan Taft - Park and
Recreation Advisory Committee; Ro Wickham - Planning Commission.
Council Member Pruet gave a presentation from the Mayor's Task Force on
their recommendation of the Corpus Christi Area Convention and Visitors' Bureau
regarding Board size and composition. Mr. Pruet explained the charge of the
Task Force, noting that they have devoted a substantial amount of time reviewing
proposed structure, funding and governance, indicating that the proposed
recommendation to the Council is regarding governance.
Council Member Pruet noted that it is the Task Force's recommendation that
the existing 31 -member board be replaced by a 15 -member Board of Directors
representing the hospitality industry and the community in general. Mr. Pruet
indicated that all positions on the Board would be for three-year staggered
terms, with the initial establishment calling for four one-year terms and four
two-year terms and five three-year terms. He stated that initially, all
appointments would be nominated by the existing Convention and Visitors Bureau
Board of Directors in consultation with local industry associations; and in
subsequent years, the governing body will propose nominations to the City Council
for approval. He stated that both the Mayor and City Manager would function as
full members of the Board of Directors.
The Council discussed the recommendation of the Task Force and various
Council Members expressed concern that the Council should have control as to who
is on the Board, indicating that the Task Force recommendation circumvented the
Council's mandate in July that all board members be appointed by the Council.
A motion was made by Council Member Schwing that the Task Force
recommendation be accepted with the exception that appointments would be
recommended by the Convention and Visitors Bureau Board of Directors in
consultation with the local industry associations; both the Mayor and City
Manager would function as full members of the Board of Directors; the City
Council will have authority for all appointments and will not be restricted to
select from the recommendations submitted by the Convention and Visitors Bureau
Board of Directors. The motion was seconded by Council Member Guerrero.
Discussion followed and the motion passed unanimously; Berlanga and Moss
absent.
Mayor Turner referred to the Board & Committee appointments and the
following appointments were made by the Council:
Intergovernmental Commission on Drug & Alcohol Abuse Landmark Commission
Jean Newberry - Reappointed Marsha Cobb
if T
Lutes
_.cgular Council Meeting
September 20, 1988
Page 3
Park and Recreation Advisory Committee
Duke Bonilla
Kennedy Causeway Advisory Committee
Cathy Harrison
Planning Commission
Thomas Shirley
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings.
There were no questions from the audience on the aforementioned items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. M88-0204
Motion awarding a contract in the amount of $87,660 to Insituform Gulf
South, Inc. for the rehabilitation of approximately 720 linear feet of 24
inch diameter sanitary sewer line along Horne Road from Greengrove Street
To Winters Street.
The foregoing motion passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
2. M88-0205
Motion accepting the McArdle Road Improvements from Ayers Street to Carroll
Lane; granting a 51 -day time extension; and authorizing final payment of
$133,396.82 to Haas Paving Co., Inc.
The foregoing motion passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
3. RESOLUTION NO. 20450
AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES CONTRACT WITH THE
JOINT VENTURE OF MUNROE AND BASS, INC., ASSOCIATED ENGINEERS AND SURVEYORS,
AND WELSH ENGINEERING FOR DESIGN OF VARIOUS STREET, DRAINAGE, WATER AND
WASTEWATER IMPROVEMENTS TO WALDRON ROAD FROM NEAR COMPTON ROAD TO PURDUE
ROAD FOR A TOTAL FEE NOT TO EXCEED $341,000.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
T
Minutes
Regular Council Meeting
September 20, 1988
Page 4
4. RESOLUTION N0. 20451
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CIMARRON VENTURE I, A TEXAS
GENERAL PARTNERSHIP, TIM CLOWER, R. C. ALLEN, JANE PONTON, HOMESTEAD
SAVINGS & LOAN ASSOCIATION, AND MAVERICK MARKETS, INC. FOR THE DEDICATION
OF RIGHT-OF-WAY AND CONSTRUCTION OF THE AIRLINE ROAD/CIMARRON BOULEVARD
INTERSECTION AS PROVIDED IN THE URBAN TRANSPORTATION PLAN.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
5. RESOLUTION NO. 20452
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 15 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
6. RESOLUTION NO. 20453
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES ELECTRIC COOPERATIVE,
INC. PROVIDING FOR THE RELOCATION AND ADJUSTMENT OF ELECTRICAL DISTRIBUTION
LINES TO CLEAR PROPOSED STREET CONSTRUCTION ON SOUTH STAPLES STREET FROM
SARATOGA BOULEVARD TO OSO CREEK.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
7. RESOLUTION NO. 20454
AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S SHARE OF THE
CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS FOR THE PLANNED STATE
HIGHWAY 44 EXPRESSWAY LIGHTING SYSTEM FROM THE INTERCHANGE AT NO. PADRE
ISLAND DRIVE TO APPROXIMATELY 1.0 MILE EAST OF CLARKWOOD ROAD;
APPROPRIATING $190,000.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
7a. RESOLUTION NO. 20455
ACCEPTING A GRANT IN THE AMOUNT OF $1,050,000 FROM THE FEDERAL AVIATION
ADMINISTRATION FOR REHABILITATING THE RUNWAY 13-31 TAXIWAY SYSTEM (PAVING
AND LIGHTING) AND RUNWAY 13-31 HIGH INTENSITY RUNWAY LIGHTING SYSTEM TO
SUPPLEMENT A PREVIOUS FAA GRANT OF $1,749,964, FOR A TOTAL OF $2,799,964,
REPRESENTING 90 PERCENT OF PROJECT COSTS; AUTHORIZING THE EXECUTION OF A
CONTRACT WITH BAY, INC. FOR PAVING IMPROVEMENTS AND HALLMARK ELECTRICAL
CONTRACTORS, INC. FOR LIGHTING IMPROVEMENTS IN THE AMOUNTS OF $1,899,337.25
r
nutes
Kegular Council Meeting
September 20, 1988
Page 5
AND $637,191, RESPECTIVELY, SUBJECT TO FAA APPROVAL; AUTHORIZING TRINITY
ENGINEERING TESTING CORPORATION TO PROVIDE TESTING SERVICES AT A COST NOT
TO EXCEED $30,000, SUBJECT TO FAA APPROVAL; APPROVING AMENDMENT NO. 4 TO
THE ENGINEERING SERVICES CONTRACT WITH W. P. WILLS, CONSULTING ENGINEERS,
TO PROVIDE CONTINUOUS RESIDENT INSPECTION DURING CONSTRUCTION AND DESIGN
SERVICES FOR RELOCATING THE ELECTRICAL VAULT AND EMERGENCY GENERATOR FOR A
TOTAL FEE NOT TO EXCEED $136,500, SUBJECT TO FAA APPROVAL; AND
APPROPRIATING $266,480.50.
The foregoing Resolution passed by the following vote: Turner, Guerrero,
Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent;
Strong absent at the time the vote was taken.
8. ORDINANCE NO. 20456
AMENDING ORDINANCE NO. 19845 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR CERTAIN STREET IMPROVEMENTS ON McARDLE ROAD AND
KOSTORYZ ROAD; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting
"aye"; Berlanga and Moss absent; Strong absent at the time the vote was
taken.
9. ORDINANCE NO. 20457
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Allen
School Area, Phase I - 1. Prescott Street, from Seventeenth Street to
Morgan Avenue, 2. Elizabeth Street, from Seventeenth Street to Brownlee
Boulevard, 3. McKenzie Street, from Eighteenth Street to Brownlee
Boulevard, and 4. Fourteenth Street, from Ayers Street to Morgan Avenue;
AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting
"aye"; Berlanga and Moss absent; Strong absent at the time the vote was
taken.
10. ORDINANCE NO. 20458
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREET: Allen School Area, Phase I - 1.
Prescott Street, from Seventeenth Street to Morgan Avenue, 2. Elizabeth
Street, from Seventeenth Street to Brownlee Boulevard, 3. McKenzie Street,
from Eighteenth Street to Brownlee Boulevard, and 4. Fourteenth Street,
from Ayers Street to Morgan Avenue; DETERMINING THE PORTION OF SAID COSTS
TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE
CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF
THE CITY COUNCIL ON OCTOBER 18, 1988, IN THE COUNCIL CHAMBERS, CITY
Minutes
Regular Council Meeting
September 20, 1988
Page 6
HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND
EMERGENCY.
An emergency was declared and the foregoing Ordinance was
following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and
"aye"; Berlanga and Moss absent; Strong absent at the time
taken.
DECLARING AN
passed by the
Slavik voting
the vote was
11. FIRST READING
AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-1,
PROCEDURE FOR NAMING, RENAMING OR CHANGING NAMES OF STREETS, PARAGRAPH 5,
DELETING THE REQUIREMENT THAT THE CITY COUNCIL SET THE DATE FOR REQUIRED
PUBLIC HEARING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
12. FIRST READING
AMENDING THE CITY CODE, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS,
ARTICLE V, OUTDOOR MUSIC FESTIVALS, SECTION 33-93, HEARING, SUBSECTION (A),
DELETING THE REQUIREMENT THAT THE CITY COUNCIL SET A DATE AND TIME FOR A
HEARING ON APPLICATIONS FOR PERMITS; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
13. SECOND READING
CHANGING THE NAME OF THE 800 BLOCK OF WOODLAWN DRIVE TO CLEOPATRA DRIVE.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
14. ORDINANCE NO. 20459
CHANGING THE NAME OF HILLTOP ROAD TO CLIFF CRENSHAW STREET.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
.lutes
tcegular Council Meeting
September 20, 1988
Page 7
15. ORDINANCE NO. 20460
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 third reading by the following vote:
Turner, Pruet, Rhodes, Schwing and Slavik voting "aye"; Guerrero voting,
"No"; Berlanga and Moss absent; Strong absent at the time the vote was
taken.
16. ORDINANCE NO. 20461
AMENDING SUBSECTION (J) OF SECTION 6-100F THE CODE OF ORDINANCES RELATING
TO REDUCED LICENSE FEES DURING PET HEALTH CAMPAIGNS.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
17. ORDINANCE NO. 20462
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, BY ADDING A NEW
SECTION 53-106 TO ESTABLISH PROCEDURES AND REQUIREMENTS RELATING TO
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 third reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
18. ORDINANCE NO. 20463
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 third reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
19. ORDINANCE NO. 20464
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 third reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
T
Minutes
Regular Council Meeting
September 20, 1988
Page 8
20. ORDINANCE NO. 20465
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 AND $90 FOR USE OF TRAFFIC LANES,
SIDEWALKS AND ALLEYS; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga
and Moss absent; Strong absent at the time the vote was taken.
* * * * * * * * * * * * * *
Mayor Turner called for consideration of No. 21 pertaining to the proposed
Southside Wastewater Treatment Plant Site Selection Study.
In reference to a question from Council Member Pruet regarding population
projections, City Manager Garza read a portion of a memo from Brandol Harvey,
Director of Planning, which analyzes the population projection made in the
Southside Selection Study Report, indicating that historically, the City's
policy has been to provide services for manageable service areas rather than
investing in infrastructure that may or may not be used in the near future. Mr.
Garza stated that based on documented growth trends, the infrastructure that is
already in place and without any evidence that trends will change, staff feels
that a wastewater plant site located north of Oso Creek is desirable, noting
that such a location will help accommodate growth logically and in a way that
will help to maximize the existing public investment in infrastructure. Mr.
Garza continued by stating that locating the facility as proposed will not stop
future growth south of the Oso nor is it intended to, noting that its
installation at this location at this time is in keeping with encouraging a
logical growth pattern that allows the City to do a more cost effective job of
expanding City services and the transportation system commensurate with the
growth of the City.
Mr. James K. Lontos, a representative of Peterson Development, expressed
the opinion that it would be a mistake to locate a wastewater plant in the
middle of the City's fastest-growing area and requested that the Council delay
approving the site on the north shore of the Oso Creek until other sites have
been studied more thoroughly.
Mr. John S. Talbot, a representative of the Pharaoh Valley Neighborhood
Association, offered some background information on the wastewater plant,
noting that the citizens have voted the bonds and the Council approved the site.
Mr. Talbot stated it is time to move ahead to acquire the property and design
the plant.
nutes
.gular Council Meeting
September 20, 1988
Page 9
Mr. Robert Patterson, a citizen who resides adjacent to the proposed site,
stated that he is in favor of a new plant in the future, but not at the proposed
site no. 2. He requested the Council to consider the Barney Davis site.
An unidentified man inquired about the location of the proposed site, and
Assistant City Manager Jesus Garza located the area on the map for the
gentleman.
Dr. Miriam Wagenschein, 6810 Sahara, noted that there is a great deal of
misunderstanding about wastewater plants. She requested the Council to purchase
the land and build a first rate wastewater plant as expeditiously as possible.
Mr. Creed Coffey, 701 Gregory, a representative of the Golf Association,
noted that the Association supports the site as recommended by the consultants.
Mr. Bill Brown, 4745 Ocean Drive, a representative of Peterson Development
Company, stated that the Council should not be pressured to accept the
consultant's report because it is paid for, noting that he is in opposition of
the proposed site. Mr. Brown indicated that the City would save money if the
plant were located by the Barney Davis Plant.
Council Member Guerrero expressed the opinion that to accept the Site
Selection Report is to accept the fact that the Oso will be increased by thirty
percent and he does not agree with increasing the capacity to thirty percent.
Mayor Pro Tem Strong stated that the Council should remember that the City
is committed to building a quality plant, noting that it is time for the City to
move forward and build the infrastructure which is needed by the community.
Council Member Pruet noted that the City needs to purchase the land and
build the site but expressed the opinion that the proposed site is the wrong
place for the plant, indicating that the City will be putting a sewer plant in a
growth corridor which will ensure the same problems which have faced the Pharaoh
Valley Neighborhood Association. Mr. Pruet noted that he is against locating
the plant on the north side of Oso Creek because there will be more growth on
the south side of the creek in the next 20 to 30 years.
Council Member Rhodes noted that the City has to have a plant but cannot
afford a new plant, indicating that what the City can do is increase the Oso
plant now, get on with the design and buy the land.
Council Member Slavik expressed the opinion that present wastewater plants
which are available now are far superior, noting that the City has to be sure
that a quality plant is built. Mrs. Slavik stated that the proposed site is the
best site and the City can build a quality plant which will not affect land
values.
1 r
Minutes
Regular Council Meeting
September 20, 1988
Page 10
Mayor Turner noted that the City needs to move forward as quickly as
possible with building a new plant which will relieve the load on the Oso plant
and serve the new growth on the City's southside.
City Secretary Chapa polled the Council for their votes and the following
was passed:
21. ORDINANCE NO. 20466
ACCEPTING THE SITE SELECTION STUDY REPORT FOR THE PROPOSED SOUTHSIDE
WASTEWATER TREATMENT PLANT AS PREPARED BY BROWN AND CALDWELL-FREESE AND
NICHOLS, INC., AND AMENDING THE WASTEWATER MASTER PLAN TO ADOPT THE
RECOMMENDED SITE.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Strong, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and
Pruet voting, "No"; Berlanga and Moss absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the closure and abandonment of a
public parking area included on the plat of Lots 1 through 15, Block 4, Belmont
Park Addition, located on Ayers Street, between Tarlton Street and Arlington
Drive.
There were no comments from the Council or the audience.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Pruet and passed unanimously by those present and
voting.
In answer to a question from Council Member Slavik, Assistant Director of
Engineering Services, Carl Crull, briefly provided background information in
reference to the parking area.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
22. ORDINANCE NO. 20467
CLOSING AND ABANDONING THE "PUBLIC PARKING AREA" ADJACENT TO AND SHOWN BY
PLAT OF LOTS 1 THROUGH 15, BLOCK 4, BELMONT PARK ADDITION; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Strong absent at the time the vote was taken; Berlanga and Moss
absent.
_nutes
Regular Council Meeting
September 20, 1988
Page 11
* * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
23. Application No. 888-1, Mr. Oscar Garza, Jr. For a change of zoning from
"B-1" Neighborhood Business District and "R-18" One -family Dwelling
District to "B-4" General Business District on Lot 4, Block 1, Centerview
Addition, located on the north side of Sonora Street between Greenwood
Drive and Elgin Street.
Mayor Turner noted that the Planning Commission and Planning Staff
recommend denial, and in lieu thereof, grant "B-1" Neighborhood Business
District on the entire tract with a special permit for an auto sales lot on a
70' x 140' portion of the property.
Mayor Turner inquired if the recommendation was acceptable to the
applicant, and he replied in the affirmative.
There were no objections from the audience.
A motion was made by Council Member Pruet to close the public hearing;
seconded by Council Member Guerrero and passed unanimously by those present and
voting; Strong absent at the time the vote was taken; Berlanga and Slavik
absent.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20467
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OSCAR GARZA, JR. BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 4, BLOCK 1, CENTERVIEW
ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "B-1" NEIGHBORHOOD
BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL
COUNCIL PERMIT ON A PORTION OF THE PROPERTY FOR AUTO SALES; AND DECLARING
AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Guerrero, Pruet, Rhodes and Schwing voting, "Aye";
Strong and Slavik absent at the time the vote was taken; Berlanga and Moss
absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
24. Application No. 88-3, Harley Moody, D.V.M. - For a change of zoning from
11 1
Minutes
Regular Council Meeting
September 20, 1988
Page 12
"B-1" Neighborhood Business District with a "SP" Special Permit to "B-4"
General Business District on the Southwest 1}' of Lot 20 and all of Lots
21, 22, 23, and 24, Block 5, Tracy Addition.
Mayor Turner noted that the planning Commission and Planning Staff
recommend approval of this zoning application.
Mr. Cruz Espinosa, a resident who lives three houses away from the
applicant, spoke in opposition to the recommendation for safety reasons,
property devaluation and traffic congestion.
Mr. Tony Espinosa, 2617 Riggan, speaking for his mother and himself, noted
that they are in opposition to the recommendation because of traffic
congestion.
Alice Terrell, a planner, offered background information on the
application, located the area on the zoning and land use map, described the land
use in the vicinity and showed slides of the area.
Dr. Harley Moody, the applicant, briefly offered an explanation for the
additional signage.
Brandol Harvey, Planning Director, explained the recommendation for "B-4",
noting that when Special Permits were approved in the past, the City Council had
not adopted the policy statements which recommended that businesses be located
at intersections of arterial streets.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Slavik and passed unanimously by those present and
voting; Strong absent at the time the vote was taken; Berlanga and Moss absent.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed by the following vote:
ORDINANCE NO. 20468
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HARLEY MOODY, D.V.M. BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 20 AND ALL OF
LOTS 21, 22, 23, AND 24, BLOCK 5, TRACY ADDITION, FROM "B-1" NEIGHBORHOOD
BUSINESS DISTRICT WITH A SPECIAL PERMIT TO "B-4" GENERAL BUSINESS DISTRICT;
AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting,
"Aye"; Strong absent at the time the vote was taken; Berlanga and Moss
absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning ordinance:
Amendment to the Zoning Ordinance: Amend Article 3, Definitions,
lutes
_gular Council Meeting
September 20, 1988
Page 13
Subsection 3-1.56.1 (6), by rewording the definition of Sign, Freestanding,
Portable Sign.
Mayor Turner noted that the recommendation of the Planning Commission and
Planning Staff is approval to read as follows: "3-1.56.1 Sign, Freestanding -
(6) Portable Sign. Any sign designed, constructed or installed to be easily
moved from one location to another or reused. This definition includes, but is
not limited to, A -frame signs and signs mounted or designed to be mounted upon a
trailer, wheeled carriage or other nonmotorized mobile structure, with or
without wheels."
There were no comments from the audience.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20470
AMENDING THE ZONING ORDINANCE, ARTICLE 3, DEFINITIONS, BY DELETING
SUBSECTION 3-1.56.1 (6) IN ITS ENTIRETY AND ADOPTING A NEW SUBSECTION
3-1.56.1 (6); AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Strong, Guerrero, Rhodes, Slavik voting "Aye";
Pruet and Schwing voting "No"; Berlanga and Moss absent. (Note: This
ordinance failed previously by a vote of 4 in favor and 2 against; later
when Mayor Pro Tem Strong returned to the Council Chamber she requested
permission to vote and permission was granted by the Chair.)
Mayor Turner encouraged the Council Members who voted against this
ordinance to submit recommendations as to how to better define the definition of
portable sign.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
26. Amendment to the Zoning Ordinance: Amend Article 25, Special Permit
Regulations, by adopting a new Section 25-2 regarding portable signs.
Mayor Turner noted that the recommendation of the Planning Commission and
Planning Staff is approval to read as follows: "SECTION 25-2. A special permit
shall not be issued to allow the placement of portable signs where prohibited by
the Zoning Ordinance."
There were no comments from the audience.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
T
Minutes
Regular Council Meeting
September 20, 1988
Page 14
ORDINANCE NO. 20471
AMENDING THE ZONING ORDINANCE, ARTICLE 25, SPECIAL PERMIT REGULATIONS BY
ADOPTING A NEW SECTION 25-2; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Strong, Guerrero, Rhodes, Schwing, Slavik voting
"Aye"; Pruet voting "No"; Berlanga and Moss absent. (Note: This ordinance
previously failed to pass by a vote of 3 to 3. Later when Mayor Pro Tem
Strong returned to the Council Chamber, the vote on the ordinance was taken
again and passed as indicated.)
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
27. Amendment to the Zoning Ordinance: Amend Article 33, Permits, Plats and
filing Fees, by deleting Subsection 33-3.01 in its entirety by renumbering
Section 33-3.02 through 33-3.05 to 33-3.01 through 33-3.04.
There were no comments from the audience.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
FIRST READING
AMENDING THE ZONING ORDINANCE, ARTICLE 33, PERMITS, PLATS AND FILING FEES,
BY DELETING SUBSECTION 33-3.01 IN ITS ENTIRETY AND BY RENUMBERING
SUBSECTIONS 33-3.02 THROUGH 33-3.05 TO 33-3.01 THROUGH 33-3.04.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Guerrero, Pruet, Rhodes, Schwing, Slavik voting "Aye"; Strong
absent at the time the vote was taken; Berlanga and Moss absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 28 pertaining to amending
the City Zoning Ordinance, Article 33, Permits, Plats and Filing Fees, to delete
Zoning Board of Adjustment filing fees and to reference the Permit Fee Schedule.
FIRST READING
AMENDING THE PERMIT FEE SCHEDULE BY ESTABLISHING AND INCREASING CERTAIN
PERMIT AND ADMINISTRATIVE FEES ESTABLISHED BY THE BUILDING, ELECTRICAL,
MECHANICAL AND PLUMBING CODES; THE ELECTRICAL LICENSING ORDINANCE; AND
ESTABLISHING FILING FEE FOR THE ZONING BOARD OF ADJUSTMENT; EFFECTIVE
NOVEMBER 1, 1988; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
lutes
.gular Council Meeting
September 20, 1988
Page 15
Mayor Pro Tem Strong referred to the increase in fee for appealing to a
board and inquired if this increase in fee applies when appealing to a task
force, and Building Official Lorenzo Gonzalez replied in the affirmative.
Mrs. Strong expressed concern with the public paying the entire fee when
the City is found to be in error in interpreting the existing Code.
Mayor Pro Tem Strong made the motion to amend the Ordinance for situations
where there is an interpretation of the existing Code so that if the ruling is in
favor of the person making the appeal, the City has the right to waive the fee
after the finding; the motion was seconded by Council Member Rhodes.
City Manager Garza stated that the Code needs to be amended to allow for
this provision and this will be brought back to the Council for action.
It was the consensus of the Council that the ordinance needs to be amended
before the Council takes further action.
Council Member Slavik made the motion to delay the first reading of this
Ordinance for one week; seconded by Council Member Schwing and passed
unanimously.
Mayor Pro Tem Strong withdrew the motion to amend the ordinance.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mrs. Marie Spear, 9320 S. Padre Island Drive, referred to the Kennedy
Causeway and suggested that the Causeway be raised on pilings so that the
exchange of water will be under the Causeway rather than on top. She also spoke
about the bus turnaround on the island which was flooded after the weekend rain
and offered suggestions in regard to this.
The Council went into closed session pursuant to 6252-17, Section 2(g),
V.A.C.S. to discuss personnel.
* * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 5:10 p.m.
Following the executive session, City Manager Garza explained a proposed
employee salary increase, noting that it was possible at this time because the
General Fund balance is much better than predicted. He stated that he is
recommending that one-half of the surplus be invested in the Reserves in
accordance with the Council's stated policy to replenish the General Fund
Reserves and the other one-half be used for employee wages and salaries. He
explained that the source of the funds was $2 Million in savings from salary
balances and over $1 Million in excess revenue that was not anticipated. He
informed the Council that the ordinances effecting these changes will be on the
agenda next week.
r
Minutes
Regular Council Meeting
September 20, 1988
Page 16
City Manager Garza also presented to the Council the first copies of the
official City Budget and briefly described it.
Mayor Turner informed the City Manager that she personally would like to
have a photograph of this Council and suggested that possibly other Council
Members might also.
Mayor Turner then referred to the recent CC/DC trip which she described as
being a very productive one, particularly in regard to attempts made to maintain
the military facilities here in Corpus Christi.
Mayor Turner then mentioned the Economic Development conference conducted
by the National League of Cities in San Antonio and asked Council Member
Schwing, who attended the conference, to comment. Mr. Schwing stated that he
would like to provide a full report at a later date.
Council Member Slavik inquired as to why the City does not routinely check
to see when a Corps of Engineers permit is required for any water -related
projects, commenting on one of the recent problems encountered by the City.
City Manager Garza explained that the reason this was sometimes overlooked
in the past was because different departments had become involved in such
projects. He assured the Council that he is placing that responsibility under
Assistant City Manager Jesus Garza's department.
Council Member Slavik referred to Hurricane Gilbert and expressed concern
that there was no follow-up by the news media as to when evacuees could safely
return to Corpus Christi. She suggested that more coverage should be encouraged
after such storms.
City Manager Garza stated that it was announced during an evening news
conference that all of the utilities were in operation and most of the streets
were opened. He assured the Council that Margaret Wead, Information Services
Officer, is working on that, but the City has no control over what is reported
by the national news services.
Mayor Pro Tem Strong stated that she had received a report from Mrs.
Elizabeth Walker in regard to a violation of the ordinance on curbs at the
Maverick Market at Park Road 22 and asked for a report on this subject. City
Manager Garza stated that he would have such a report prepared.
Mayor Pro Tem Strong reported that the Building Inspection Task Force is
now conducting weekly meetings; four members are frequently absent; and they
need to have a quorum before they can vote on issues that they are almost ready
to present to the Council. She asked for concurrence from the Council to have a
representative from the architects and the engineers appointed to fill two of
the four positions since the other two categories are already represented on the
Task Force.
R r
nutes
.gular Council Meeting
September 20, 1988
Page 17
Mayor Turner indicated her concurrence with this suggestion, and there were
no objections from the other Council Members.
Mayor Turner asked for a status report on the IH 37 landscaping, the
Airport entrance landscaping at the interchange of Highway 358 and Highway 44,
indicating that funds were available from the State Department of Highways and
Public Transportation for such landscaping, and suggested that City Manager
Garza write a letter to Mr. Nino Gutierrez of the Highway Department in regard
to this. She also suggested that steps be taken to improve the landscaping at
IH 37 at Shoreline Boulevard. She reiterated that the Highway Department is
ready to expend funds for such landscaping.
City Secretary Chapa stated that if the Council has no objections, he would
place on the agenda a reminder of a luncheon meeting with the Port Commissioners
next Tuesday, September 27, at noon.
Council Member Schwing inquired about the conflict of interest report and
asked Council Member Rhodes if that would be ready soon. Mrs. Rhodes indicated
that it would be ready by the following week and asked that it be placed on the
agenda for a report to the Council.
Mayor Turner suggested that the report be studied by the City Attorney
first.
There being no further business to come before the Council, Mayor Turner
declared the meeting adjourned at 5:40 p.m., September 20, 1988.
T
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
September 20, 1988 which were approved by the City Council on September 27,
1988.
WITNESSETH MY HAND AND SEAL, this the moi a day of .ThArr.
19 8A' .
I Vim+-Sa l
a.
Armando Chapa, City Secretary
City of Corpus Christi
etty Tur'er, MAYOR