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HomeMy WebLinkAboutMinutes City Council - 10/11/1988MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 11, 1988 2:00 p.m. PRESENT Mayor Betty Turner Council Members: David Berlanga, Sr. Leo Guerrero * Clif Moss Bill Pruet * Mary Rhodes Frank Schwing Mary Pat Slavik Absent Mayor Pro Tem Linda Strong 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 Pastor Milton Muehlberger of Abiding Savior Lutheran Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Rhodes. 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 October 4, 1988 and Special Council Meeting of October 6, 1988. Council Member Slavik pointed out a correction on Page 8 of the Minutes of the Regular Council Meeting of October 4, 1988, noting that in the third paragraph, the word "open" is incorrect, indicating that it should be "closed." Mayor Turner proclaimed the Minutes approved as corrected. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the Corpus Christi Museum expansion project. MICROFILMED utes Regular Council Meeting October 11, 1988 Page 2 Mr. Victor Medina, Director of Engineering Services, opened bids on this project from the following firms: Beck & Son, Inc.; B. E. Beecroft Co.; Black Brothers; Chester Lambert, General Contractor; Coleman and Roth; Durden & Fulton, Inc.; Eisenhauer Construction; Ewing Construction Co.; David Van Fleet; Marshall Company; Moorhouse Construction Company; Repcon Company; and Salazar Construction Company. Mr. Medina noted that all contractors had submitted the required bid security bond and acknowledged receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on this project. * * * * * * * * * * * * * * Council Member Pruet arrived at 2:10 p.m. Mayor Turner administered the Oath of Office to the following Board and Committee appointee: Mike Herman - Food Services Advisory Committee. Mayor Turner recognized Ms. Karen Grant, Principal of Menger Elementary School, who introduced student council officers from the school and presented Mayor Turner with a T-shirt. Ms. Grant invited the Council Members to an Open House on Sunday in celebration of their 60th anniversary. Council Member Berlanga presented Ms. Grant and the student council officers with pins. * Council Member Guerrero arrived at 2:20 p.m. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings, and Council Members requested that Items 2, 3, 4, 5, 7 and 8 be withheld for discussion. There were no comments from the audience on the other items. City Secretary polled the Council for their votes and the following were passed: 1. M88-0217 Motion approving supply agreements for water meter repair parts with the following companies based on only bid for an estimated annual expenditure of $56,000. Bidders were asked to bid a percent discount from published price lists. T i Percent of Discount off of Price List .utes Regular Council Meeting October 11, 1988 Page 3 Rockwell International Rockwell Meter Parts - Est. Annual Expenditure: $30,000 10% Carlon Meter Company Carlon Meter Parts - Est. Annual Expenditure: 11,000 Net Neptune Water Meter Company Neptune Meter Parts - Est. Annual Expenditure: 15,000 15% The terms of the contracts will be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier or his designee. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 6. FIRST READING CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT ALONG THE SOUTHWESTERLY SIDE OF LOT 8 AND THE NORTHEASTERLY LOT LINES OF LOTS 9 AND 10, BLOCK H, FLOUR BLUFF ESTATES I SUBDIVISION, SUBJECT TO THE PROVISIONS LISTED BELOW. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 9. ORDINANCE NO. 20490 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. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. 10. ORDINANCE NO. 20491 AMENDING SECTION 49-21 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR A MONTHLY INSTALLMENT PAYMENT METHOD OR AN ANNUAL INSTALLMENT PAYMENT METHOD FOR STREET IMPROVEMENTS ASSESSED COSTS. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. utes Regular Council Meeting October 11, 1988 Page 4 11. ORDINANCE NO. 20492 AMENDING THE CITY CODE, CHAPTER 23, HEALTH AND SANITATION, SECTION 23-57, SWIMMING POOL STANDARDS, SUBSECTION 3, TO PROVIDE FOR AN ANNUAL INSPECTION FEE FOR PUBLIC SWIMMING POOLS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * In reference to a question from Council Member Moss on Item No. 2 pertaining to the Cole Park -Oleander Street Parking Lot, Assistant City Manager Jesus Garza provided an explanation for the extension, noting that CPL had been contacted and were reminded that the electrical work needed to get done. In answer to a question from Mr. Moss regarding the engineering costs, Mr. Garza indicated that he will provide Mr. Moss with those figures. In answer to a question from Mr. Moss about the parking spaces, Victor Medina, Engineering Services Director, indicated that the norm for construction is $1,000 per parking space. In answer to a question from Council Member Berlanga on this same matter, City Manager Garza noted that this project was approved quite sometime ago for parking lot improvements. In answer to a question regarding cost from Council Member Moss on Item No. 3 pertaining to the Weber Road Utility Cover Adjustments, Victor Medina, Engineering Services Director, indicated that the City received good prices for this project. In reference to a question from Council Member Berlanga on Item No. 4 pertaining to the Renovation and Expansion of Existing Recreation Facilities, Victor Medina, Engineering Services Director, noted that this is the first phase of the project; this was done as part of the City's first year bond sale, indicating that Greenwood was added during the second year. Mr. Berlanga referred to complaints he has received regarding the entrance signs at Lindale Recreation Center, and Mr. Medina noted that the City will take those complaints into consideration as part of the overall project. In reference to Item No. 5 pertaining to the Resolution supporting Proposition 1, The Good Roads Amendment, Mayor Turner noted that it is extremely important to support this proposition, noting that it will be No. 1 on the ballot in November. .rtes negular Council Meeting October 11, 1988 Page 5 Council Member Moss explained the Resolution stating that the voters would instruct the legislators not to appropriate monies which have been dedicated for some other purposes, noting that in this case, it is money being collected in the gasoline taxes for good roads. In reference to a question from Council Member Berlanga on Item No. 7 pertaining to the Fee for Health Clinics, Dr. Nina Sisley, Health Director, noted that these fees will not disqualify anyone, noting that if someone feels that they cannot afford the fee, they will have to sign a statement stating they cannot afford it. Council Member Moss inquired if this fee will apply to City employees, and Dr. Sisley replied that it includes City employees and elected officials. Council Member Moss inquired why this was not included in the Griffith Report, and Dr. Sisley responded by stating that the Health Department's sources of funding are very complicated, and they could not tackle or understand the funding. City Manager Garza indicated that he is working with Dr. Sisley on straightening out the funding situation for the Health Department. In answer to a question from Council Member Berlanga on Item No. 8 pertaining to On -Site Sewage Disposal System Inspection Fee, City Manager Garza noted that if the City provides the service, they are required to connect; there are some areas in the City which have not yet been extended to; and in those cases, the City does allow septic tanks. Council Member Moss inquired why this was not included in the Griffith Report, and City Manager Garza responded by stating that Griffith Associates did not look into every service which the City provides; there were some services that they were not aware of because they were not in the City's data revenue base; and that the basis for the study was the actual services that the City is providing and charging for. There were no comments from the audience on these items. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M88-0218 Motion accepting the parking lot improvements in Cole Park opposite Oleander Street; granting a 10 working day time extension; and authorizing final payment of $5,415.40 to A. Ortiz Construction and Paving, Inc. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. Utes Regular Council Meeting October 11, 1988 Page 6 3. M88-0219 Motion accepting the Weber Road Utility Cover Adjustments project; and authorizing final payment of $1,538.80 to Backhoe Lease Service, Inc. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 4. M88-0220 Motion accepting improvements to the Lindale Recreation Center, West Guth Pool, and Price Softball Field; granting an 18 working day time extension; and authorizing final payment of $31,742.20 to Moorhouse Construction Company. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 5. RESOLUTION NO.20489 SUPPORTING PROPOSITION 1, THE GOOD ROADS AMENDMENT. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 7. FIRST READING AMENDING THE CITY CODE, CHAPTER 23, HEALTH AND SANITATION, SECTION 23-18, HEALTH CLINIC VISIT FEE, BY INCREASING HE FEE FOR HEALTH CLINIC VISITS TO $15.00 FOR EACH PATIENT WHOSE HOUSEHOLD MONTHLY INCOME EXCEEDS 200 PERCENT OF FEDERAL GUIDELINES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. 8. SECOND READING AMENDING THE CITY CODE, CHAPTER 23, HEALTH AND SANITATION, BY ADDING A NEW SECTION 23-20, ONSITE SEWAGE DISPOSAL SYSTEMS INSPECTION FEE, TO ESTABLISH A FEE OF $60 FOR INSPECTION OF ONSITE SEWAGE DISPOSAL SYSTEMS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. T i utes hegular Council Meeting October 11, 1988 Page 7 The foregoing Ordinance was passed on second reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent. * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 12. Application No. 888-4, Corpus Christi Telco Credit Union: For a change of zoning from "AB" Professional Office District and "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-4" General Business District on Lots 1 and 2, Delwood No. 3, located on the east side of Kostoryz Road, between Corta Street and Olsen Drive. Mayor Turner noted that the Planning Commission recommends denial of the application, and in lieu thereof, grant "AB" Professional Office District on the two referenced lots, allowing continuation of the Credit Union, and storage and sale of used cars with the following conditions: 1) owner will maintain no more than 8 vehicles within the vehicle storage area as shown on the site plan, 2) security and directional lighting will be directed inward away from adjacent property, 3) there will be no exterior display of signs or advertising regarding the car sales, visible to the public, and 4) owner will install and maintain landscaping as indicated on the site plan submitted. Mayor Turner noted that the Planning Staff recommends denial. Brandol Harvey, Director of Planning, described the land use and zoning in the surrounding area and presented background information on the application, noting that the Credit Union is requesting the change in order to legalize the temporary storage and sale of repossessed automobiles. He indicated that the applicant has been storing and selling repossessed vehicles in violation of the current special permit, and notice of the violation was served in July of 1988. Mr. Harvey indicated that the staff is of the opinion that the requested intensification of use is inappropriate in this area of residential use; the Planning Commission felt that the limited storage and sale of automobiles could be accommodated by adding landscaping along the fence line to buffer the cars from the resident's view; and the Planning Commission further limited the number of vehicles to be stored within a defined area to a maximum of eight and prohibited the exterior display of signs and advertising regarding car sales. City planner Alice Terrall located the area on the zoning and land use map, described the land use in the vicinity and showed slides of the area. Mr. Jim Robichaux, an attorney representing the Telco Credit Union, provided background information on the credit union and provided an explanation for the request. Mr. Robichaux indicated that the credit union does not want "B-4" zoning, noting that there is a quirk in the zoning ordinance that in order to have the limited request that they want, they have to request "B-4" in order to acquire what they want. Mr. Robichaux noted that the credit union is r 1 .utes Regular Council Meeting October 11, 1988 Page 8 required by law to repossess cars; they have have to sell them in the usual and customary manner; and they are not in the business of selling new or used cars. Council Member Berlanga expressed concern about the area in question being a used car lot and the amount of traffic, noting that the residents would like to keep the area residential. Discussion followed, and in answer to a question from Council Member Guerrero, Planning Director Harvey noted that it is the recommendation of the Planning Commission and Staff that if a Special Permit is granted for the car sales, that the basic zoning on both halfs of the lots go to "AB." Mr. Harvey continued by stating that one of the complications in having the split zoning is that if the Special Permit conditions were not met, and for some reason the Special Permit was declared null and void, the credit union as it exists today on the R-1 zoning would also be in violation of zoning. Mr. Harvey indicated that staff is recommending the whole lot be zoned consistently "AB". In answer to a question from Council Member Rhodes regarding other Telco property, Mr. Robichaux explained that the credit union acquired another property near the Old Mexico restaurant, noting that it does not have enough space to park cars and is not equipped to have a full time person on the lot. Council Member Rhodes inquired what prevents the credit union when they repossess a car from selling it to a legalized used car lot, and Mr. Robichaux replied because the borrowrer then has a cause of action against the credit union for not selling it in the usual and ordinary manner. After more discussion, Mr. Gordon Landreth, representing Cotton -Landreth Architects, reviewed the proposal and solution arrived at by the applicant and Planning Commission and reviewed the conditions of the Special Permit. Mr. Landreth indicated that they have presented a proposal for landscaping and pointed out that there is no access to the property on Corta. Mr. Gary Tumor, President of the credit union, presented background information on the piece of property which the credit union purchased to help the overflow from Kostoryz, noting that it has the intended results and reduced traffic in that area. Mr. Tumor noted that they have a landscaping service and pointed out that the houses along Corta do not face the credit union. Mr. Tumor indicated that on three sides of the credit union, there are no houses which face the property. Mr. Tumor noted that Telco has been operating at their present location for ten years and repossessions have been an ongoing function. Mr. Lewis Lovelace, 1549 Casa Grande, spoke in opposition to the zoning application, noting that he lives around the corner from the credit union. Mr. Lovelace stated that the request would constitute spot zoning, and spot zoning has been declared illegal by the U.S. Supreme Court. Mr. Lovelace contended that a change of zoning would be incompatible with the neighborhood and would lower their property value. He requested that if such zoning is granted, that the School District, the City and the Appraisal District lower their taxes. Mr. T Utes regular Council Meeting October 11, 1988 Page 9 Lovelace referred to the requirements on the site plan, noting that a ceiling of eight vehicles is uneforceable because repossessed cars can be parked within the parking lot, and that advertising can be made through television, radio and billboards. He indicated that the Special Permit to sell cars will cause additional traffic and parking problems. Mr. Lovelace noted that at the Planning Commission meeting, the president of the credit union admitted that the credit union has four locations, indicating that they could sell cars at another location. He referred to a letter and inquired about a fifth requirement which is not now a part of the special permit. Mr. Lovelace continued by stating that he has a petition with 43 signatures from neighbors who are in opposition to the B-4 zoning. Council Member Rhodes inquired about the fifth requirement which Mr. Lovelace referred to, and Mr. Harvey indicated that the Planning Commission's intention was not to allow any exterior advertising or indication of car sales, and that is included in the ordinance under item No. 3, noting that it was reworded and made more concise. In reference to a question from Council Member Rhodes about the four locations of the credit union, Mr. Gary Tumor, President of the credit union, indicated that they have service centers in Harlingen and McAllen plus the new location near the Old Mexico restaurant. City Planner Terrall pointed out that the property at the other location near Old Mexico restaurant is "B-1" zoning. Mr. Ben G. Montes, 1553 Casa De Oro, spoke in opposition of the application and presented a brief history of the property and neighborhood. 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. Council Member Rhodes noted that the City has zoning regulations for good reasons, and a parking lot which allows used car sales is not appropriate in the middle of a residential area. She indicated that she will vote against the application, and Council Member Slavik concurred with Mrs. Rhodes. The Council devoted considerable discussion on this application, and Planning Director Harvey pointed out that over twenty percent of the property owners in the notice area are in opposition, indicating that the twenty -percent rule is in effect, and it would require seven affirmative votes for the rezoning to take place. City Secretary Chapa polled the Council for their votes and the following Ordinance failed to pass: Lutes ecegular Council Meeting October 11, 1988 Page 10 Failed AMENDING -441E-' R 4)REHNOH6Fr4}IORF atE T N -O T -H&- aRP-1}S-6HRISTI-TELCO 6REDIT-41H3'44M-fl-G{}AHG1N4-4H£--BIMI-N6-4.-1#-RBFEREH61-443,E-2-r-B£1W99B NOT-3,--PRO14"R-I"-QNFr F aTrarr BWEbbiN6-414-8441£ =44;F i4 -A- frI L-4.1 /TPF -'£9 "ABu-PROFESSIONAL-9PPIGE-DSTRICT-AND-$y-GRANTING-A-REVSED-SPECIAL-COUNCIL PERMIT-9N-IATB-d-4ANB-+r-DR1WOOiI-Ner-4T-£OR-1A-44R H4 4A4.ON--AN4-TH&-STORAGE ANP-SALE-OF-HEED-GARS;-AND-DEGbARING-AN-EMERGENGV: An emergency was declared and the foregoing Ordinance failed by the following vote: Pruet and Schwing voting, "Aye"; Turner, Guerrero, Moss, Rhodes and Slavik voting, "No"; Berlanga abstaining; Strong absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 13. Application No. 988-2, Mr. and Mrs. I. C. Salazar: For a change of zoning from "A-2" Apartment House District to "B-4" General Business District on 6.64 acres out of Russell Morton Brown Lands, located on the south side of I.H. 37, west of Tuloso Road. Mayor Turner noted that the Planning Commission recommends approval of the application and the Planning Staff recommends denial, and in lieu thereof, grant "B-1" Neighborhood Business zoning. Mayor Turner inquired if the recommendation is acceptable to the applicant, and he indicated that it was not acceptable. City Planner Alice Terrall located the area on the zoning and land use map and showed slides of the area. Brandol Harvey, Director of Planning, briefly explained the recommendation of the staff, noting that they believe "B-4" should not be granted because all the uses which the applicant stated he was going to put on the lot could be accommodated in the "B-1" zoning. Mr. Harvey stated that staff feels that "B-1" neighborhood business zoning would be more appropriate because the property is located adjacent to a single-family subdivision and zoning. Mr. Harvey explained the land use in the vicinity. Mr. Bob Gunter, Gunter Engineering, representing the applicant, stated that the applicant feels that "B-4" zoning would be more appropriate on the subject property, noting that the applicant wants the property for a future investment, indicating that the property is for sale and is contingent on the rezoning. In answer to a question from Council Member Pruet, Mr. Harvey there is no formal access to the residential area from the property, there is nothing planned for that in the Master Transportation Plan. noted that one of the complications of this piece of property is the the service road and the ramp down from IH37, indicating that any that frontage requires state approval, as well as City, noting that difficult to achieve. r stated that noting that Mr. Harvey frontage on curb cut to it would be .rotes Regular Council Meeting October 11, 1988 Page 11 Council Member Pruet expressed the opinion that general business zoning, rather than neighborhood business zoning would be appropriate, noting that the subject property is going to be a very high traffic frontage road and there is no connection or service to the residential neighborhood. He inquired about the staff's reasons for their recommendation of "B-1." Mr. Harvey responded by stating that it helps protect the platted and zoned single-family property, and it accommodates all the uses which the property owner has indicated he has a desire to put on the property. Mr. Harvey continued by stating that all the uses which have been identified could be accommodated under "B-1." He stated that if there is a "B-4" use in mind that the staff is not aware of, it might be appropriate in the future to come forward with that specific "B-4" use with a site and development plan. Mr. Harvey indicated that at this point the staff cannot say that unrestricted "B-4" use is appropriate on that site. Mr. Harvey stated that the City has accepted a plat for single family development; it is zoned for single-family development; and there is some need to provide protection. After some discussion, Council Member Slavik concurred with Mr. Harvey and expressed concern, noting that she will vote against "B-4" in this area at this particular time, indicating that she is concerned when residents request a higher form of zoning because of economic reasons. Council Member Berlanga expressed the opinion that this request for zoning is justified, noting that there is no connection to the neighborhood, indicating he is in favor of "B-4." A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Berlanga and passed unanimously by those present and voting; Guerrero absent at the time the vote was taken; Strong absent. A motion was made by Council Member Rhodes to deny the "B-4" zoning, and in lieu thereof, grant "B-1" Neighborhood Business zoning. The motion was seconded by Council Member Slavik and failed to pass by the following vote: Moss, Rhodes and Slavik voting, "Aye"; Turner, Berlanga, Pruet and Schwing voting, "No"; Guerrero absent at the time the vote was taken; Strong absent. A motion was made by Council Member Pruet to grant the "B-4" zoning as requested by the applicant; seconded by Council Member Schwing and passed by the following vote: Turner, Berlanga, Moss, Pruet and Schwing voting, "Aye"; Rhodes and Slavik voting, "No"; Guerrero absent at the time the vote was taken; Strong absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20493 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. I. C. Lutes Regular Council Meeting October 11, 1988 Page 12 SALAZAR BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF RUSSELL MORTON BROWN LANDS, FROM "A-2" APARTMENT HOUSE DISTRICT, 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, Berlanga, Moss, Pruet and Schwing voting, "Aye"; Rhodes and Slavik voting, "No"; Guerrero absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * * Before the Council went into closed session, Council Member Rhodes suggested that the reason for the closed session should be placed on the agenda, and City Secretary Chapa stated that this is an emergency posting; it was posted at 10:30 a.m.; and this is not the same posting which is on the agenda. Mr. Chapa noted that the closed session is to discuss collective bargaining. The Council went into Closed session at 4:00 p.m. pursuant to the provisions of Article 6252-17, Section 2(g), V.A.C.S. to discuss Personnel. (Pending Negotiations). * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 4:21 p.m, and Mayor Turner called for the City Manager's report. City Manager Garza stated that last Friday was the closing on the CP&L building, noting that a report will be provided to the Council. Mr. Garza noted that the project is still in the design stage, and it will take nine to ten months before construction begins. Various Council Members expressed concern, noting that is too long a time, and Mr. Garza noted that the consultant is aware that the Council would like the project expedited as quick as possible. Council Member Rhodes indicated that she has a copy of the Executive Director's report from the Port and the High Speed Water Transportation Project update which she will leave with the Mayor. Council Member Berlanga noted that the "Art in the Heart" is doing great; he noted that a Mexican restaurant will open up in the downtown area; and other businesses have expressed interest in the downtown area. Mr. Berlanga referred to the Farmers Market, noting that if enough money is raised, CP&L will give them a good deal on the building. Mr. Berlanga referred to the Courthouse Building, indicating that the City should not let up on code enforcement, noting that something should be done with the building. Kites Kegular Council Meeting October 11, 1988 Page 13 Council Member Slavik referred to the lease agreement between the City and the U.S. Open Sailboarding Committee, noting that she requested that a copy of the agreement be given to the Council. She expressed concern about the location of the site for the sailboarding regatta and referred to the contract noting that it could be amended and the specific site deleted. She expressed concern about traffic congestion in that area and suggested that another area be considered. Discussion followed, and City Manager Garza noted that he will provide the Council with a report of other site alternatives. Mayor Turner pointed out that this activity was carefully planned; sponsors have already committed themselves; and this location is the only appropriate location for this event. She stated that she hopes the contract is not denied and that the project be allowed to move forward, noting that the parking problem can be dealt with. Council Member Guerrero requested that someone contact Dr. Rosenberg of the Performing Arts who is still having problems with rehearsal space. Mr. Guerrero noted that Dr. Rosenberg informed him that South Texas does not have any representation on the Texas Commission of the Arts, noting that he has presented Dr. Rosenberg's resume to the City Secretary. Mr. Guerrero suggested the resume and a resolution from the Mayor could be submitted to the Governor's Appointing Committee. Council Member Berlanga noted that the Police Officers Association will allow the Performing Arts to rehearse at their hall. * * * * * * * * * * * * * Mr. Stoicho Calibatsef, 2202 Saxony Drive, addressed the Council noting he is the owner of three lots in Flour Bluff. He referred to a problem with a bill he has received from the City regarding delinquent taxes and stated he does not owe delinquent taxes. He noted that the City has mowed the grass on his property and he has received bills, indicating that the City used to send a notice by a registered return receipt letter. City Manager Garza stated that the City used to send a registered return receipt requested letter of a notice when the City mowed property, noting that because of economy purposes, the City now sends notices by regular mail. Mr. Garza noted that a lien is filed on the property when the City mows and is not reimbursed for costs and those liens are now being collected by the same law firm which collect the City's delinquent property taxes. Assistant City Manager Elizondo explained the City's procedure for mowing; he noted that Mr. Calibatsef's bill is delinquent; he will provide the City Manager with a report; and he will check the matter out to see if the proper procedures have been followed. ates Regular Council Meeting October 11, 1988 Page 14 Discussion followed, and Council Member Schwing suggested that when the notice is sent by the City, the registered return receipt requested letter be charged to the owner of the property. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 4:50 p.m. on October 11, 1988. * * * * * * * * * * * * * T 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 October 11, 1988 which were approved by the City Council on October 18, 1988. WITNESSETH MY HAND AND SEAL, this the c) � " day of 4A -ems/ 19 it h • /Betty Tuner, MAYOR r IIS (); 4.. f x Armando Chapa, City Sehretary City of Corpus Christi