HomeMy WebLinkAboutMinutes City Council - 10/25/1988PRESENT
Mayor Betty Turner
Council Members:
David Berlanga, Sr.
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Frank Schwing
Linda Strong *
Absent
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 25, 1988
2:00 p.m.
Assistant City Manager Debra Andrews
City Attorney Hal George
City Secretary Armando Chapa
Mayor Pro Tem Leo Guerrero City Manager Juan Garza
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Reverend John Gibbs of Oakpark Methodist
Church following which the Pledge of Allegiance to the Flag of the United States
was led by Council Member Berlanga.
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 18, 1988, and there being no additions or corrections, she
proclaimed them approved as written.
Mayor Turner acknowledged Mr. Chris Crawford, Director of Tennis at the
Corpus Christi Athletic Club, and members of the National Women's Tennis Team,
and presented them with a Proclamation declaring October 25th as Corpus Christi
Her-icanes Day in recognition of the 2nd place winners of the "National Women's
Tennis Team.
Mayor Turner recognized Mr. Charles Marshall, Vice Chairman of the ATT
Board of Directors, who was in Corpus Christi to give the key note address at
the Wave of the Future Banquet. Mayor Turner presented Mr. Marshall with a Key
to the City and proclaimed him an honorary citizen of Corpus Christi.
* Council Member Strong arrived at 2:10 p.m.
MICROFILMED
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..egular Council Meeting
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Page 2
Mayor Turner referred to the Board & Committee
following appointments were made by the Council:
Municipal Arts Advisory Committee
Jane Goode - Reappointed
Barbara McDowell
Ricardo Villa
Dr. James Carlsen
Heather Kendrick
Frank Weathered
Dorothy Spann
John Yochem, Jr.
Community Action Agency
Mayor Betty Turner
Mary Rhodes
Leo Guerrero
David Berlanga
Mary Pat Slavik
appointments and
Museum Advisory Committee
Josephine Sparks - Reappointed
Alicia Perez -
Judith Reader -
Linda Pate
Karen O'Connor
Ruth O'Brien - Reappointed
Frank Wagner
Tom Henderson - Advisory
Mechanical Advisory Committee
Richard Miller
* * * * * * * * * * * * *
the
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings, and Council Members requested
that Items 2 and 3 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 approved:
1. ORDINANCE NO. 20501
CLOSING AND ABANDONING A 0.5 FOOT WIDE BY 32.2 FOOT LONG PORTION OF THE
UTILITY EASEMENT IN LOT 5, BLOCK 11, DEL MAR SUBDIVISION, SUBJECT TO THE
PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and
Strong voting, "Aye"; Guerrero absent.
4. ORDINANCE N0. 20502
CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT
SOUTHWESTERLY SIDE OF LOT 8 AND THE NORTHEASTERLY LOT LINES OF
10, BLOCK H, FLOUR BLUFF ESTATES I SUBDIVISION, SUBJECT TO THE
LISTED BELOW.
ALONG THE
LOTS 9 AND
PROVISIONS
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Regular Council Meeting
October 25, 1988
Page 3
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
5. ORDINANCE NO. 20503
AMENDING THE CITY CODE, CHAPTER 23, HEALTH AND SANITATION, SECTION 23-18,
HEALTH CLINIC VISIT FEE, BY INCREASING THE 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 passed on third reading by the following vote:
Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
* * * * * * * * * * * * *
In reference to Item No. 2 pertaining to the License Agreement between the
City and the U.S. Navy for Use of NAS Property for Youth Sports Programs,
Council Member Moss inquired about the location of this property, and Assistant
City Manager Hennings responded by stating that this area is known as Perry
Place off of Padre Island Drive, noting that it is an old government housing
project.
In reference to Item No. 3 pertaining to the Alley Closure Request -
Gaffney Addition and Bay View Unit 1, Council Member Moss noted that the City
does not charge for alleys which are abandoned and this property is worth about
$10.00 a square foot. Mr. Moss expressed the opinion that the City should
reconsider the policy.
Mayor Turner indicated that she would like to see a copy of the policy,
noting that it would be a good topic of discussion for the Council.
Discussion followed, and City Attorney George noted that there is a
specific ordinance which states that the City does not charge for alleys, but
does charge for streets, noting that if the policy were to be changed, the
ordinance would have to be amended.
Council Member Moss inquired what the difference is between utility
easements and alleys, and Victor Medina, Engineering Services Director, noted
that an alley is a public right-of-way, and an easement is private property which
the utility companies have access for maintenance and operation of their
existing utilities. Mr. Medina indicated that structures cannot be constructed
over utility easements or public right-of-way.
There were no comments from the audience on Items 2 or 3.
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Page 4
were
City Secretary Chapa polled the Council for their votes and the following
passed:
2. FIRST READING
AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF THE NAVY FOR THE USE OF APPROXIMATELY 28.3 ACRES OF FEDERAL
PROPERTY FOR CONDUCTING YOUTH SPORTS PROGRAMS; AND AUTHORIZING A LICENSE
AGREEMENT BETWEEN THE CITY AND THE OSO YOUTH SOCCER LEAGUE FOR THE USE OF
SAID FEDERAL PROPERTY.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
3. SECOND READING
CLOSING AND ABANDONING 15 -FOOT WIDE PUBLIC ALLEY IN BLOCK 5, GAFFNEY
ADDITION, AND BLOCK 5, BAY VIEW UNIT 1, SUBJECT TO THE PROVISIONS BELOW;
AND PROVIDING FOR SEVERANCE.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting,
"Aye"; Guerrero absent.
* * * * * * * * * * * * *
In reference to Item No. 6 pertaining to the Police Station and Municipal
Court Facility, Council Member Moss inquired when the City plans to take bids
for the removal of asbestos, and Victor Medina, Engineering Services Director,
responded by stating that the City plans to do the asbestos removal and some of
the required demolition prior to the construction of the project. Mr. Medina
indicated that the City plans to do that before taking bids on the project,
noting it could be done by January 1st. He indicated that the Council will be
notified of the time frame.
In answer to a question from Council Member Slavik, Mr. Medina noted that
the City has budgeted enough money for the removal of asbestos in the building.
Council Member Slavik inquired about the amount of space, and Assistant
City Manager Andrews replied that this building will have 30,000 more square
feet than planned for.
Mayor Turner inquired about
Assistant City Manager Andrews
services to be provided, noting
regarding the time frame, and Mr.
amount of estimated construction
the time frame and the architectural fee, and
replied that the fee is a flat fee for the
that the architect will give a presentation
Medina pointed out that the fee is based on the
cost.
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Mr. Orby Roots, Roots/Foster Associates, Inc., noted that they have
developed a time schedule indicating that the reprogramming would be completed -
November 25, 1988; schematic designed to be completed January 20, 1989; design
development completed on April 1, 1989; construction documents to be completed
August 1, 1989; receiving bids on August 1; and awarding a contract from August
1, 1989 to October of 1989. Mr. Roots noted that completion of construction
would be in July or August of 1990, noting that his firm is committed to
complete their part as quick as possible.
In answer to a question from Council Member Moss, Mr. Roots indicated that
this is a difficult job, noting that if the demolition were done concurrently
with the planning process and while they are preparing the construction
documents, it would allow the contractor to have a very clear vision of what
will have to be done inside.
Mr. Moss inquired about the elevators and Mr. Roots noted that they plan to
use at least three of the existing elevators, indicating that the fourth might
be used for a communications shaft.
Mayor Turner inquired about the landscaping, and Assistant City Manager
Andrews noted that the landscaping is built into the budget, indicating that it
will be a separate item when it goes out for bid.
Robert Olson, Chief of Police, stated that he is excited about this
project, noting that he would like to rename a side street after one of the
officers who was slain. He suggested the creation of a memorial park close to
the building.
In answer to a question from Mayor Turner, Chief Olson indicated that foot
patrol is expensive; it requires a lot of manpower; and noted that he likes the
continuation of the combined foot and motor patrols using skooters.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
6. ORDINANCE NO. 20504
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR
ARCHITECTURAL SERVICES WITH EDI ARCHITECTURE AND ROOTS/FOSTER ASSOCIATES,
INC., A JOINT VENTURE, WHICH PROVIDES FOR DESIGN SERVICES FOR THE
RENOVATION AND CONVERSION OF THE BUILDING AT 120 NORTH CHAPARRAL STREET TO
ACCOMMODATE THE POLICE DEPARTMENT AND MUNICIPAL COURT FOR A FEE OF
$348,500; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and
Strong voting, "Aye"; Guerrero absent.
* * * * * * * * * * * * *
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In reference to Item No. 7 pertaining to the Reconsideration of Zoning
Application No. 888-4 Corpus Christi Telco Credit Union: "AB" and "R -1B" with a
"SP" to "B-4," Mayor Turner noted that this topic was discussed by the Council
at last week's meeting, and it was at the request of the Council that this
application be brought back for reconsideration today.
Mr. Brandol Harvey, Director of Planning, provided the Council with a brief
update of this application.
Council Member Rhodes moved for denial of the "B-4" zoning, in lieu
thereof, amend the ordinance to grant "AB" zoning to the entire piece of
property. The motion was seconded by Council Member Pruet.
Mr. Lewis Lovelace, 1549 Casa Grande, noted that he appeared in opposition
to this application two weeks ago when the application was denied. Mr. Lovelace
indicated that he is in opposition, stating that the request would constitute
spot zoning which has been declared illegal by the U.S. Supreme Court.
Mayor Turner informed Mr. Lovelace that Council Member Rhodes' motion is
not for "B-4" zoning but for "AB" zoning.
Council Member Rhodes inquired if the applicant will be charged additional
fees, and Mr. Harvey indicated that there will be no fee for the rezoning
process.
Council Member Strong informed the Council that she had been approached by
someone regarding the petition submitted the week before, noting that they would
like the Council to postpone this matter until the concern is checked out.
In answer to a question from Council Member Slavik, Mr. Harvey indicated
that if the motion passes, the only cars which would be allowed on the site would
be those cars normally associated with clients and employees. Mr. Harvey noted
that if it is determined that the credit union is storing and selling vehicles,
they will be cited by Building Inspections.
Before the vote on the motion was taken, City Secretary Chapa pointed out
to the Council that the motion is to amend the ordinance, noting that after the
motion is passed, the Council will vote on the amended ordinance, indicating that
it will require seven affirmative votes.
The vote on the motion passed unanimously by those present and voting;
Guerrero absent.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed as amended:
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7. ORDINANCE NO. 20505
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CORPUS CHRISTI TELCO
CREDIT UNION BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, DELWOOD NO.
3, FROM "R -1B" ONE FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO "AB"
PROFESSIONAL OFFICE DISTRICT AND BY CONTINUING THE SPECIAL PERMIT GRANTED
BY ORDINANCE NO. 18737 ON LOTS 1 AND 2, DELWOOD NO. 3 FOR A CREDIT UNION;
AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed, as amended,
by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing,
Slavik and Strong voting, "Aye"; Guerrero absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
8. Application No. 988-1, Mr. Ben L. Herndon: For a change of zoning from
"B-1" Neighborhood Business District with a "SP" Special Permit to "B-4"
General Business District on Lot 24 and the remaining portion of Lot 25,
Block 6, Koolside Addition, located on the southwest corner of Airline and
Gollihar Roads.
Mr. Brandol Harvey, Director of Planning, pointed out that this is a
reapplication, noting that it has been before the Council several times. Mr.
Harvey provided background information on the application and noted that the
Planning Commission and Planning Staff recommend denial, and in lieu thereof,
grant a revised special permit for used car sales and auto air conditioning
repair (with associated engine repair) located in accordance with the site plan
and with the following conditions: 1. that landscaping be installed in
accordance with the approved site plan, 2, that Zoning Ordinance parking
requirements are met, 3. that no more than 20 cars be displayed for sale at any
time, 4. that no automotive repair, body work, painting, or similar activity,
other than auto air conditioning repair be permitted on the site, 5. that no
additional curb cuts be added and the northernmost curb cut on Airline Road be
removed and curbing reconstructed, 6. that signage conform to "B-1" regulations,
7. that the liquor sales cease prior to occupancy for the used car sales, and 8.
that no other use in addition to used car sales and auto air conditioning repair
be permitted on the site.
For clarification purposes, Council Member Strong stated that the applicant
is willing to close the liquor store and have just the existing used car sales
and the existing air/conditioning car repair, and the staff is willing to
support that with the site plan that has been submitted as developed and
prepared by the Planning Commission, and Mr. Harvey indicated that those
statements are affirmative.
In answer to a question from Mayor Turner, Mr. Harvey noted that this is
changing only that part of the lot where the used car sales would occur, noting
all of the conditions would remain in place, indicating there were no
limitations on the hours of operation.
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Council Member Rhodes noted that the applicant has "B-1" zoning and the
liquor store is legal, noting that the recommendation is dropping the liquor
store and putting in a non "3-1" usage into a "B-4", and Mr. Harvey noted that
staff is recommending that it be done if the site is constructed differently and
substantial landscaping in put in.
Council Member Rhodes inquired if the applicant agreed with the site plan
the Planning Commission came up with, and Mr. Harvey noted that at this point,
the applicant has not vocalized that to him.
Council Member Berlanga expressed concern about the neighborhood, noting
that the neighbors are concerned about the foot traffic and the school children.
Mr. Berlanga asked what is going to keep them from putting in a liquor store
again, and Mr. Harvey noted that if this special permit is adopted, the
applicant would not be allowed to put in a liquor store.
Mr. Bill Whittle, an attorney representing Mr. Herndon, provided the
Council with background information on the case, noting that Mr. Herndon needs a
special permit for the front half of the property for auto sales and the
elimination of any other business on the property. Mr. Whittle noted that Mr.
Herndon needs to keep his car business and is in compliance with all the
conditions of the special permit except for the one pertaining to the
landscaping ordinance. Mr. Whittle requested that the Council grant the special
permit without the landscaping ordinance compliance.
Ms. Barbara Cline, 921 Dorthy, spoke in opposition, noting that she owns
residential property in the immediate area and the neighbors are still opposed
to the conditions of the special permit. Ms. Cline noted that the neighbors
lack confidence in the applicant's integrity. Ms. Cline noted that Mr. Herndon
has always been in violation of the zoning.
Discussion followed, and in answer to a question from Ms. Cline, Mayor
Turner noted that if the applicant violates the permit, it will be withdrawn.
A motion was made by Council Member Slavik to close the public hearing;
seconded by Council Member Strong and passed unanimously by those present and
voting; Guerrero absent.
Mr. Harvey pointed out to the Council that the 20 percent rule is in effect
which will require seven affirmative votes.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20506
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEN L. HERNDON BY
GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR USED CAR SALES AND AUTO AIR
CONDITIONING REPAIR (WITH ASSOCIATED ENGINE REPAIR) IN ACCORDANCE WITH THE
SITE PLAN AND CONDITIONS, ON LOT 24 AND THE REMAINING PORTION OF LOT 25,
BLOCK 6, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
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Page 9
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Moss, Pruet, Schwing, Slavik and Strong
voting, "Aye"; Rhodes voting, "No"; Guerrero absent.
* * * * * * * * * * * * * *
Mayor Turner called for the City Manager's report, and Assistant City
Manager Andrews noted that City Manager Garza is in North Carolina meeting with
other City Managers. She noted that the Council will be given an update of the
weekly report.
Mayor Turner and Council Member Moss gave a brief report of the trip to
Mississippi for the re -commissioning of the Battleship Wisconsin.
Mayor Turner called for liaison reports and other reports from the Council.
Council Member Slavik inquired about the status of the highway
beautification at the entrance to the City and the status of the meeting with
the State Department, and Assistant City Manager Hennings stated that staff will
keep the Council informed of the progress. Mr. Hennings stated that the City
will clean up the area from the old courthouse to Shoreline for just one time,
noting that it is the State Highway Department's responsibility. Mr. Hennings
referred to the landscaping improvements, noting those are two separate
projects. Regarding IH 37, Mr. Hennings noted that there is a plan which is
going to be revised and in regards to 1H44 at the airport, Mr. Hennings noted
that the landscaping is in a conceptual planning phase.
Mrs. Slavik referred to the gentlemen who spoke at last week's Council
Meeting regarding the City mowing his grass in Flour Bluff. She stated that she
read the report on this matter and she does not think the City should charge him
administrative fees because he did not receive notification and was incorrectly
charged.
Assistant City Manager Andrews noted that the City sent the notice to the
address the man had given the City which was a post office box. She indicated
that the City received notification that it was received at the post office.
Various Council Members indicated that the man should be charged
administrative charges because he has a responsibility to take care of his
property.
Mrs. Slavik referred to a letter the Council received from the Lindale
Ceramic class and expressed concern about the Senior Community Service Program
and requested staff to look into the situation.
Assistant City Manager Hennings noted that he did not receive a copy of the
letter Council Member Slavik referred to and requested a copy. Mr. Hennings
provided a brief report on the situation at the Lindale Senior Center.
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Mrs. Slavik referred to complaints she has received concerning Circus
Vargas and suggested that the City should have a fairground for events of this
nature.
Council Member Berlanga referred to a newspaper article concerning the
Island and Packery Channel and stated that the staff should follow protocol
before releasing information to the press.
Assistant City Manager Andrews noted that she has discussed this matter
with Planning Director Harvey, and they will be meeting with the City Manager on
this topic.
Council Member Strong referred to complaints about Circus Vargas and
reminded the Council that they voted to allow the Circus to use the property on
Shoreline. Mrs. Strong referred to a letter she received from the Pharoah
Valley Association commending the City, particularly Victor Medina and Jesus
Garza, for the realigning work that has been done at the sanitary sewer under
Nile Drive.
Council Member Pruet referred to Circus Vargas and noted that several
downtown businesses have expressed appreciation for bringing congestion to
downtown.
Mayor Turner requested a written report on the status of the old
courthouse.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Raymond Hasker, 1813 Wallace, referred to a five-year contract
pertaining to windsurfing and an article which appeared in the newspaper
regarding complaints from 65 residents on Ocean Drive.
Council Member Strong noted that she has been working with the neighborhood
group Mr. Hasker spoke about to make sure that their concerns are heard and
voiced. Mrs. Strong noted that the neighborhood will be represented on a
committee to look at future rules and regulations pertaining to windsurfing in
that area.
Mr. Ed Scaro, Port Arthur, Texas, spoke on the value of elephant
fertilizer.
Mr. Reynaldo Rincon, 4145 Stafford, spoke about a complaint with the
Convention & Visitors Bureau regarding a Texas Senior Citizens Association
Convention in April.
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Mr. Philip Garner, owner of a downtown business, stated that he has not
been paid by the Corpus Christi Arts Council for T-shirts he made for Bayfest.
Council Member Strong noted that the Arts Council is not funded from the
City; it is a non/profit organization; it is supported by membership, noting
that the Arts Council receives a small grant from the Municipal Arts Commission.
Assistant City Manager Hennings noted that the Arts Council's grant request
will be coming thru in the new few weeks. He noted that he will check into Mr.
Garner's concern and report back to the Council.
* * * * * * * * * * * * *
At 3:26 p.m. the Council went into Closed Session pursuant to Article
6252-17, Section 2(g), V.A.C.S. to discuss Personnel. (Municipal Court Judges)
The Council came out of closed session at 4:05 p.m. and a motion was made
by Council Member Strong to grant a three -percent pay increase to Chief
Municipal Court Judge Rudy Tamez and to authorize him to grant raises up to
three percent for the other Municipal Court Judges. The motion was seconded by
Council Member Pruet and passed unanimously by those present and voting;
Guerrero absent. Mrs. Strong noted that the Council is extremely pleased with
the operation of the Municipal Court and feels it is an asset to the community.
(M88-0227)
Ms. Nora Garcia, President of the Corpus Christi Hispanic Chamber of
Commerce, read an excerpt from the first amendment of the Bill of Rights. She
referred to the Tourism Task Force which was formed by Mayor Turner and noted
that the Task Force has violated the first amendment. Ms. Garcia alleged that
the Task Force offended the Hispanic community and Hispanic Chamber of Commerce
by not allowing her to address the members. She requested a public apology from
Mayor Turner and a promise that it will not happen again.
There being no further business to come before the Council, on motion by
Council Member Strong; seconded by Council Member Schwing, the Council Meeting
was adjourned at 4:05 p.m. on October 25, 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 October
25, 1988 which were approved by the City Council on November 1, 1988.
WITNESSETH MY HAND AND SEAL, this the ✓ day of Y'C'
19 1( K .
ietty TUs/ner, MAYOR
r
Armando Chapa, City Secr
City of Corpus Christi
ary