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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 tutes ..egular Council Meeting October 25, 1988 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 -flutes 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. inutes degular Council Meeting October 25, 1988 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. inutes Regular Council Meeting October 25, 1988 Page 5 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. * * * * * * * * * * * * * nutes Kegular Council Meeting October 25, 1988 Page 6 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: _nutes ,regular Council Meeting October 25, 1988 Page 7 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. T nut es rcegular Council Meeting October 25, 1988 Page 8 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. _nutes Regular Council Meeting October 25, 1988 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. T nutes Regular Council Meeting October 25, 1988 Page 10 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. T nutes Regular Council Meeting October 25, 1988 Page 11 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