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HomeMy WebLinkAboutMinutes City Council - 12/13/1988PRESENT Mayor Betty Turner Council Members: Hall. David Berlanga, Sr. Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 13, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Absent Mayor Pro Tem Leo Guerrero Mayor Turner called the meeting to order in the Council Chambers of City The invocation was delivered by Pastor John Hall of Corpus Christi Christian Fellowship Church following which the Pledge of Allegiance was led by Council Member Bill Pruet. 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 Meetings of November 22, 1988 and November 29, 1988, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Turner recognized Senator Carlos Truan, State Representatives Eddie Cavazos and Hugo Berlanga, who gave a brief presentation on the proposed merger of the University System of South Texas and the Texas A&M University System. The abve delegation emphasized that the merger will be the best investment for the entire region; they stressed the importance of a lobbyist to help ensure the passage of the higher education bill; and urged the Council to support the funding. Senator Truan noted that the legislative bill which will be submitted at the next state Legislature will call for the merger of USST and Texas A&M, expansion of Corpus Christi State University into a four-year school and creation of a law school at Texas A&I University in Kingsville. Senator Truan indicated that this is a united effort to express support for higher education in South Texas, indicating that the legislation will include safeguards to protect enrollment at A&I and Del Mar College. MICROFILMED finutes Regular Council Meeting December 13, 1988 Page 2 Mayor Emeritus Luther Jones, Chairman of 4 U Corpus Christi, indicated that they are in support of the legislation and recommend the hiring of a lobbyist. He indicated that they will commit to participate in raising the funds necessary between the City and the cost of the lobbying effort. Discussion followed, and Mayor Turner recommended that the Council support the recommendation that the City participate in the funding of the lobbying effort, and that the recommendation be referred to the City Manager to meet with Senator Truan and Representative Cavazos to determine the specific budget required and provide the Council with a recommendation of the City's portion of the funding. Council Member Pruet made a motion to support the Mayor's recommendation. The motion was seconded by Council Member Berlanga and passed unanimously; Guerrero absent. Mayor Turner recognized Dr. Charles W. Benson, CCISD Superintendent of Schools, who gave a presentation on Strategic Planning by CCISD. Dr. Benson indicated that CCISD's Strategic Planning Project, the first program of its kind for an urban school district in Texas, began in November 1988, as an intensive planning process. He noted that a 25 -member planning team was chosen by the CCISD administration and the Board of Trustees as a representative cross-section of individuals from the community and school district. Highlights of Dr. Benson's presentation were policies which were developed by the Strategic Planning Team, objectives, strategies and an action plan. Dr. Benson presented material to the Council and encouraged the Council to support CCISD in the Strategic Planning Project. Mayor Turner recognized Chief of Police Robert Olson who indicated that the Police Department is in support of Drunk and Drugged Driving Awareness Week. Chief Olson introduced members of the Blue Light Squad and stated that there is a Holiday Taxi Program for people who are unable to drive due to excessive drinking. Dr. Herbert Madlin, Chairman of the Traffic Transportation Advisory Committee, spoke in support of the Proclamation for Drunk & Drugged Driving Awareness Week. Mrs. Sally Madlin, a representative of RID, expressed appreciation to the Council for their support of Drunk & Drugged Driving Awareness Week. Mayor Turner read a Proclamation designating December 11 - 17, 1988 as "Drunk and Drugged Driving Awareness Week." * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: R. C. Allen and Ruth Stark - Corpus Christi Area Convention and Visitors Bureau. finutes Regular Council Meeting December 13, 1988 Page 3 Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: Board of Adjustment August Meinrath Library Advisory Committee William White - Reappointed Kay Didear - fl Victor Lara Ortegon - Reappointed Bertie Hoch Inez Adams Hidelgardo Flores Park & Recreation Advisory Committee Randy Lynch Transportation Advisory Committee James Wright Mayor Turner called the Council's attention to a serious problem on the Human Relations Commission, noting that they do not take attendance when it appears there is not enough people for a quorum, indicating that it is very difficult to find out who is not attending on a regular basis. Mayor Turner encouraged the Commission to take attendance, even though there may not be a quorum and to declare those individuals who have exceeded the attendance requirements ineligible to continue serving. The Mayor asked the City Secretary to relay this information to the Human Relations Director. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings, and Items 2, 3, 4, 8, 11 and 14 were requested to be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M88-0256 Motion approving supply agreements for small diameter polyvinyl chloride pipe and fittings with the following companies based on low bid and best bid for a total of $32,245.20. 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 and the City Manager or his designee. These items are used by the Water Division and Park and Recreation Department. Corpus Christi Pipe and Supply Group 1 polyvinyl chloride pipe (best bid) Total: $24,070.00 Noland Company Group 2 polyvinyl chloride fittings (best bid) Group 3 welding cement and solvent (low bid) Group 4 threaded plugs (low bid) Grand Total 6,676.22 1,260.60 238.13 8,175.20 $ 32,245.20 linutes Regular Council Meeting December 13, 1988 Page 4 The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 5. M88-0260 Motion accepting the Corpus Christi International Airport Landscaping Improvements project; granting a 7 working -day time extension; and authorizing final payment of $19,128.67 to Sprinkler King of Texas, Inc. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 6. M88-0261 Motion accepting the Corpus Christi International Airport Interior and Exterior Signage project, and authorizing final payment of $21,255.30 to L & L Construction Company. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 7. M88-0262 Motion authorizing acquisition from Fred A. Williams of Parcel 1, located at the intersection of York and Florida Avenues, at a cost of $58,343 for the Access to Del Mar College project. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 9. M88-0264 Motion awarding a contract in the amount of $14,310 to Texas Scenic Company, Inc. for furnishing and installing nine line sets to raise and lower stage scenery at the Bayfront Plaza Convention Center. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 10. M88-0265 Motion approving the purchase of a personal computer system for Risk Management Division from IBM Corporation based on best bid for the total amount of $23,885. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. iinutes Regular Council Meeting December 13, 1988 Page 5 12. FIRST READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE LA MER CONDOMINIUM FOR LANDSCAPING IMPROVEMENTS AT THE INTERSECTION OF PARK STREET AND UPPER BROADWAY. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 13. SECOND READING AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH E. R. SCHENDEL AS COURT-APPOINTED GUARDIAN FOR THE ESTATE OF ANNA McCAMPBELL FORE, OWNER OF LOT 5A, BLOCK 11, BEACH PORTION, TO ALLOW THE INSTALLATION OF AN OVERHEAD BUILDING AWNING ABOVE THE PUBLIC RIGHT-OF-WAY OF PEOPLES STREET. The foregoing Ordinance was 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. 2 relative to Approving Supply Agreements for Traffic Sheeting, Cut-out Letters, Paint and Toner, and Item No. 3 pertaining to Approving Supply Agreements for Traffic Sign Posts and Anchors, Council Member Moss requested a report in writing about the length of time before this was brought to the Council after it had been approved, and City Manager Garza indicated that he will provide a report in writing. Mr. Garza indicated that it is standard to request vendors to hold their prices open. In reference to a question from Council Member Moss relative to the Gabe Lozano Sr. and Oso Golf Course Improvements, City Manager Garza indicated that the City follows the policy to require the minority business standard. Mr. Garza noted that if the project does not require any of the contract to be sublet, it is not required. Mr. Moss indicated that there was $1 million in the bond issue for these improvements, and he inquired about the funds for the remainder of the improvements, and City Manager Garza noted that the $67,694.32 will be taken from the bond fund's unallocated account. Relative to this same issue, Council Member Slavik inquired if the problem has been worked out with the Corps of Engineers, and Assistant City Manager Jesus Garza replied in the affirmative, noting that staff is in the process of writing a letter to the Corps of Engineers in regard to letters received pertaining to the Wetlands issue. 1r' —T Iinutes Regular Council Meeting December 13, 1988 Page 6 In reference to Item No. 8 relative to the Two -Hour Time Limited Free Metered Parking for Christmas Shoppers on Designated Streets in the Downtown Area, City Manager Garza noted that Kevin Walker, Executive Director of the Heart of Downtown, requested some amendments to the recommendations. Assistant City Manager Jesus Garza stated that Mr. Walker requested that one segment be added for the free two-hour time limited parking for a segment on Chapparal Street between Taylor Street and Twigg Street. Mr. Garza indicated that the limited parking will be for a six-week period beginning December 19, 1988 through January 31, 1989. In answer to a question from Mayor Turner regarding the survey of customers in the downtown area, Mr. Garza indicated that the turnover rates are about the same, and relative to the business activity, five of those surveyed indicate an increase, seven indicate a decrease, and several indicate no change. Mr. Garza indicated that a report will be provided to the Council. Mr. Walker indicated that the survey regarding the customer count is using the numbers which the businesses supply. In reference to Item No. 11 relative to the Adoption and Establishment of the City of Corpus Christi's statement of Legislative Policy and Directing the City Manager to Implement such Policy, Ms. Marie Spear, 9320 South Padre Island Drive, suggested that the Council endorse I thru V under Section 1 and eliminate No. VI. Ms. Spear suggested that each item be taken separately and that the Council not endorse any general policy which commits them to a policy they will eventually regret. Mayor Turner noted that some of these policies have been supported by the Council, indicating that anything which will affect the City will be brought before the Council. Discussion followed and City Manager Garza indicated that what is taken to the legislature by the City is something which the Council has agreed on as a body. In answer to a question from Council Member Strong, Assistant City Manager Utter indicated that there will be about 4,000 to 5,000 bills presented during the legislative session. In answer to a question from Council Member Slavik regarding Item "b" in the legislative policy regarding alternate methods of financing, City Manager Garza indicated that there are a number of things which can be done, i.e., franchise fees or working out something with the RTA. In reference to Item No. 14 regarding the Advisory Members of Boards and Commissions, Council Member Slavik stated that she supports the change, but inquired if it would be grandfathered in. She indicated that this change will affect two of the boards and expressed concern that the chairmanship would be cut off in the middle of the term. ,inutes Regular Council Meeting December 13, 1988 Page 7 City Manager Garza indicated that the ordinance clarifies the intent of the Council and the Charter, noting that it is the intent of the Council for the terms to be six years. He referred to the Park and Recreation Board and indicated that there would not be a problem with allowing the present term to expire. Mr. Garza requested direction from the Council. City Attorney George indicated that as a general rule, whenever the Council passes an ordinance, there is a grandfather provision, particularly if someone has a continuing right. He indicated that the Charter and ordinance very clearly state that an advisory board member cannot be made the chairman. Mr. George noted that the Legal Department has not been asked to render an opinion, but it would appear that legally, an advisory board member could not be a chairman of a commission. Council Member Pruet stated that he did not agree with the six-year rule. He stated that there is significant reason in this existing case to table the third reading for a period of thirty days to obtain a legal opinion on the grandfather issue. Mr. Pruet made a motion to table the third reading for a period of thirty days. The motion was seconded by Council Member Strong and passed unanimously; Guerrero absent. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M88-0257 Motion approving supply agreements for traffic sheeting, cut-out letters, paint, and toner with the following companies based on low bid and best bid for a total of $135,595.01. The terms of the contracts will be twelve months with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Traffic Engineering Division. 3M Company Roll Goods/Sheeting Paint, Toner, & Activator Mid -Ohio Marking & Traffic Signs, Inc. Cut-out Letters and Numbers Group 1 Group 3 Best Bid $120,521.96 Best Bid 4,292.05 Total:$124,814.01 Group 2 Low Bid $ 10,781.00 Grand Total $135,595.01 tinutes Regular Council Meeting December 13, 1988 Page 8 The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 3. M88-0258 Motion approving supply agreements for traffic sign posts and traffic sign post anchors with the following companies based on low bid and best bid for a total of $40,096.75. The terms of these contracts will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Traffic Engineering Division. Southwestern Pipe, Inc. Traffic Sign Posts Low Bid $25,171.75 Vulcan Signs Traffic Sign Post Anchors Best Bid $14,925.00 Total: $40,096.75 The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 4. M88-0259 Motion accepting the improvements at the Gabe Lozano, Sr. and Oso Golf Courses; assessing liquidated damages of $12,000 for non-compliance with the Minority Business Enterprise contract requirement; and authorizing final payment of $99,208.37 to Johnson Golf Course Construction, Inc. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 8. M88-0263 Motion expanding the area of the current free two-hour time-limited parking at metered spaces for Christmas Shoppers within the Downtown area for a three-week period beginning December 19, 1988, through January 6, 1989. The foregoing motion passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 11. RESOLUTION NO. 20538 ADOPTING THE CITY'S STATEMENT OF LEGISLATIVE POLICY. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. linutes Regular Council Meeting December 13, 1988 Page 9 14. Tabled AMENDING--- 4W,--GI4*--6ABEs---GlY 1-WA---Br--ADMI#FSTRAT-1141,-- G'FHJI+--2-6;_ 1414ITATI9NS--ON—APPO-144- l4EN-'£-5--SA- 46-T9--AD(iii'F-t1--P-RGBBBM-BN--A6AINST--ANY ADVISORY, -NON V91'aN6--MEMBER—FROM- -B9ARD-OR-F 1-b68I8N--€ROM- SERVING -As -AN Eb€GTEP--OR--APPOiNp€D- OFFI-GER— }B-$OARi}-gR-EfkE4-1$Si-0N--T9-SIGH -S86R PERS ON-HA6-EEEN-APPOINTED;- AND -PROV1DN6-E911-SEVERANCE: * * * * * * * * * * * * * Mayor Turner called for consideration of Items 15 and 16 on the agenda. City Secretary Chapa informed the Council that Item No. 16 relative to the Approval of Industrial District Contract with De Dietrich (USA) is an emergency ordinance and not a first reading. In answer to a question from Council Member Slavik, City Manager Garza noted that he would like to get this into effect before the beginning of the calendar year, noting that the City has been working with De Dietrich for several months and they qualify for the industrial district contract. City Secretary Chapa polled the Council for their votes and the following were passed: 15. FIRST READING AMENDING THE STANDARD FIRE PREVENTION CODE, 1985 EDITION, ADOPTED BY ORDINANCE NO. 19590, BY AMENDING CHAPTER 4, PERMITS AND CERTIFICATES BY ADDING SECTIONS 402.32, HOSPITALS AND NURSING HOMES, AND 402.33, DAY CARE FACILITIES, AND BY AMENDING SECTION 401.13.1, PERMIT REQUIRED; AND AMENDING CHAPTER 26, FUMIGATION AND THERMAL INSECTICIDAL FOGGING, BY AMENDING SECTION 2602.2, NOTIFICATION OF FUMIGATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 16. ORDINANCE NO. 20539 AUTHORIZING THE EXECUTION OF AN INDUSTRIAL DISTRICT CONTRACT WITH DE DIETRICH (USA), INC. The foregoing Ordinance passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * ,inutes Regular Council Meeting December 13, 1988 Page 10 Mayor Turner announced the public hearing on assessments for the Hampshire/Yale Street Improvements project indicating assessments of $155,819.84 on 127 items. City Attorney Hal George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove that the property involved will be enhanced at least in the amount of the assessments. He called as his first witness Mr. Carl Crull. Through questioning of Mr. Crull, Mr. George determined that he is the Acting Director of Engineering Services for the City of Corpus Christi; he has been employed by the City for nine years; he is a registered professional engineer in the state of Texas; he has a degree in Civil Engineering; and that he is familiar with the project. Mr. Crull located the area on the map and testified that the project will include the construction of improvements to the following streets: Hampshire Road, from Benys Road to North Padre Island Drive, Yale Street, from Prescott Street to Vestal Street, Vestal Street, from Yale Street to Sherman Street and Vitemb Street, from Sherman Street to Horne Road, and there will be 4' wide reinforced concrete sidewalks, 4" thick and 6" thick reinforced concrete driveway constructed. Mr. Crull stated that it is a voluntary paving program, and the contractor has 150 working days to complete the project. Mr. George called as his next witness Mr. George Paraskevas to provide his expert testimony on the assessment roll. Mr. George questioned Mr. Paraskevas and ascertained that he is a real estate broker; he has a broker and real estate license; and he appraises both commercial and residential property. Mr. Paraskevas stated that the roll consists of 127 items and he examined all the properties involved. He stated that, in his opinion, all of the property will be enhanced at least in the amounts of the assessments. Ms. Elizabeth Borrego, 2138 Sherman, spoke in objection to the assessments and stated that she is unable to make the payment. She indicated that she was unhappy with the previous improvements. Mr. Paraskevas indicated that Ms. Borrego has been charged half price for the construction, noting that everyone else is being charged full price. Mr. Marion Brown, Paving Coordinator, indicated that Ms. Borrego has been informed of the different methods of payment and that she would like for Vestal street to be closed. Discussion followed and Council Member Schwing indicated that he is familiar with the area; he does not see the use in spending the money; and stated that Ainutes Regular Council Meeting December 13, 1988 Page 11 he would like time to see if the property owners would like that street open or closed. Mr. Crull indicated that if the street is left off, it would create a dead- end street without a cul-de-sac. Mr. J. T. Whelan stated that he lives in George West but owns seven houses in the area. He inquired about the width of Hampshire Street, and Mr. Crull responded by stating that there will be no additional dedication of street right -of- way; the street will be widened to 28 -feet; and will include sidewalks on both sides of the streets. Mr. Crull indicated that the awared of the contract will be brought before the Council next week. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Rhodes and passed; Pruet and Strong absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Mayor Turner announced the public hearing for the 1988 Sidewalk Improvement Project indicating assessments of $20,894.80 on 10 items. City Attorney Hal George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove that the property involved will be enhanced at least in the amount of the assessments. He called as his first witness Mr. Carl Crull and inquired if he is the the same Carl Crull who previously testified before the Council. Mr. Crull replied in the affirmative and stated that he is familiar with the project. He stated that the project will include the construction of sidewalks along Cimarron Road, west side only, from North Washam Drive to Saratoga Boulevard, Annaville Elementary School from the school playground entrance on the south side to Turkey Creek Drive, and Rockford Drive, north side only, from the West Oso School parking lot east to Lot 34, Block 3, of the Westhaven Terrace, Unit 3 subdivision. Mr. Crull indicated that the sidewalks will consist of 4' wide reinforced concrete sections, 4" thick constructed in the public right-of-way. Mr. George called as his next witness Mr. George Paraskevas and inquired if he is the same Mr. Paraskevas who previously stated his credentials, and Mr. Paraskevas replied in the affirmative. Mr. Paraskevas testified that he has examined all the parcels and, in his opinion, all of the property will be enhanced at least in the amounts of the assessments. There were no objections from the audience on the sidewalk improvements. A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Rhodes and passed; Slavik and Strong absent at the time the vote was taken; Guerrero absent. iinutes Regular Council Meeting December 13, 1988 Page 12 Council Member Rhodes inquired when the project will begin, and Mr. Crull responded by stating that the adoption of the assessment roll and the award of the contract will be brought before the Council next week, and the contractor has forty working days to complete the project, noting that staff will urge the contractor to do the Cimarron Road portion first. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, gave a brief report on the recent Bond Rating Meeting that it was very successful. Mr. Garza referred to the Financial Report on the operations of the City and stated that Finance Director on the Financial Report. and City Manager Garza in New York, indicating first quarter financial Jorge Garza will comment Jorge Garza gave a brief presentation on the Revenues and Expenditures Analysis Report for the first three months of the fiscal year, elaborating on the General Funds, Enterprise Funds, Internal Service Funds, Debt Service Funds and Special Revenue Funds. Mr. Garza also commented on the Summary of Operations and graphs contained in the report. Council Member Slavik inquired about the City's total cash on hand, and Mr. Garza explained that is not shown in the report, noting that there is approximately $130 million to $140 million either invested or in liquid cash, which is about par for the last few years. Council Member Moss inquired if $130 million invested at all times would give $10 million interest per year, and Mr. Jorge Garza indicated that he would provide that answer to Mr. Moss. City Manager Garza noted that Dan Hobbs, Management and Budget Director, provides a monthly report as to what to expect for the following year. Mr. Garza indicated that he would like to develop some policies and guidelines which the Council would like staff to follow in putting together the next budget package. City Secretary Chapa indicated that the Park & Recreation Board would like authorization from the Council to meet in closed session. Mr. Chapa indicated that the Board would like to present something to the City Council, noting that the matter has been discussed by the Legal Department and they have indicated that the closed session should occur. A motion was made by Council Member Rhodes to allow the Park & Recreation Board to meet in closed session. The motion was seconded by Council Member Slavik and passed unanimously; Guerrero absent. Mr. Chapa noted that there are very few items on the agenda for December 27th. He stated that several Council Members have indicated they will be out of town on that Tuesday and he requested direction from the Council. A motion was made by Council Member Strong to cancel the Council Meeting of December 27th. The motion was seconded by Council Member Schwing and passed unanimously; Guerrero absent. Ainutes Regular Council Meeting December 13, 1988 Page 13 Mr. Chapa referred to a request from Mr. Claude Melton to make a presentation to the Council on the annual Jazz Festival. He requested direction from the Council, and it was their consensus to allow Mr. Melton to make the presentation. Mayor Turner referred to a proposal relative to the permits and inspection licensing requirements, whereby the Corpus Christi Apartment Association, the C.C. Board of Realtors, the Building Owners and Managers Association and Hotel Motel Condominium Association have joined together to establish a position. She indicated that the state of Texas Code indicates that if an owner of a building, the employee of an owner of a building, or the managing agent does repair or replacement work on the building, he does not have to be licensed. Mayor Turner requested a legal opinion regarding this matter and suggested that the Council endorse this position. City Manager Garza indicated that staff is reviewing the report and will provide comments at a later date. Council Member Pruet suggested that there is a need to determine where the City Code differs from state law which might provide a solution to the requirement for permits. Council Member Strong provided a brief report on the recent National League of Cities Meeting conducted in Boston. She stated that it was an excellent session and one of the highlights was a speech by Pamela Plumb. Mrs. Strong also informed the Council that the Coastal Barriers Research Report should be released this week. Council Member Strong continued by stating that she is recommending, subject to the concurrence of the Council, that the report of the Building Division Task Force be scheduled for a workshop session on January 17, 1989. Council Member Pruet complimented the staff members, and particularly City Manager Garza, for accomplishing most of the goals and objectives of this Council. Council Member Slavik informed the Council that she had talked with the planning staff about the very controversial issues, including the Comprehensive Master Plan, and the manner in which their meetings have been handled. She stated that she had learned that the planning staff is working very hard on the Comprehensive Master Plan, as well as the other issues, but because of the heavy workload and schedule, the Planning Commission is under stress because they are having to meet weekly. She expressed the opinion that when staff knows that a controversial issue requires a public hearing, they should allow more time and have a separate hearing for each issue. She pointed out that both the Commission and the staff should convey the impression that they are interested in hearing comments from the public. iinutes Regular Council Meeting December 13, 1988 Page 14 Council Member Strong stated that the Planning Commission's schedule is already filled thru 1991 because they have so many issues to study. She expressed the opinion that they need the Council's support. Mrs. Strong also complimented the staff and the board members who work so diligently in this area. Council Member Pruet suggested that one solution to their heavy workload might be to have a separate zoning board and a separate planning commission. He indicated that it would be difficult to get qualified people to volunteer for that number of hours. Mayor Turner suggested that staff consider the possibility of enlarging the Board. She suggested separating the functions without creating another entity and stipulating what the job requirements would be, noting that there could be a joint meeting. She inquired who sets the number of persons who would serve on the Planning Commission, and City Manager Garza indicated that the size of the commission is designated in the Charter. Council Member Moss complimented the the plans and goals of the Council and project, and Assistant City Manager Garza of evaluating that project, noting that negotiating a contract with a firm. Mr before the Council in about thirty days. City Manager on the accomplishment of inquired about the computer mapping indicated that staff is in the process staff has gotten the proposal and is . Garza indicated it will be brought Mr. Moss referred to an issue whereby a woman had an asthma attack due to fumes from the Oso Plant, and Assistant City Manager Garza indicated he will check into the matter. Mr. Moss referred to the need for a sulfur scrubber, and Mr. Garza indicated that when the improvements for taking the Oso from the current rating capacity of 16 million to 23 million, it will be built into the design to handle the issue of odor. Mr. Garza indicated that staff will look into the possibility of a sulfur scrubber. Mr. Moss inquired about the status of the recent suggestion from Dr. Madlin relative to a piano for the Convention Center, and Assistant City Manager Hennings indicated that the Council will be provided a report regarding this matter in about a week or so. Mr. Moss stated that in the $16 million bond program there is a quarter of a million dollars for traffic signals and requested a list of what the signals will be. Council Member Slavik referred to the Planning Commission issue, noting that she spoke with Planning Director Harvey, and he suggested that committees be formed on the Planning Commission itself to help with the workload. Council Member Rhodes stated that Mr. Harvey proposed that suggestion to the Planning Commission and they turned it down. She expressed the opinion that if there is a hearing and numerous people are present, the hearing should be scheduled first and the people should be allowed to speak. Ainutes Regular Council Meeting December 13, 1988 Page 15 * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not schedled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, referred to the Planning Commission issue and suggested that there be two commissions. He expressed the opinion that the staff does not have influence over the Planning Commision and stated that the Council should accept the responsibility for the Boards and Commissions. He referred to the hearing scheduled for December 21 and suggested that it be moved until after New Year's Day. Assistant City Manager Elizondo indicated that it was announced to the public that the hearing would be continued on December 21. He suggested that the hearing be held on December 21 but that no action be taken until the following meeting. Mr. Raymond Hasker, 1813 Wallace, wished the Council a Merry Christmas and requested a donation from the Mayor for the Taxpayers Association. He referred to a letter which was given to Mr. Charles Nichols, a member of the Taxpayers Association, noting that the letter from the City had no signature and was not typed on letterhead paper. Mr. Hasker commented on the Planning Commission issue. Mr. John Helm, Chairman of a Joint Committee representing the Building Owners and Managers Association, Corpus Christi Board of Realtors, Hotel Motel Condominum Association, and the C.C. Apartment Association, indicated that they are concerned about the existing permits issue of the City. He indicated that they appreciate the need for a change in the ordinance and will work with the Council and staff to resolve the issue. In answer to a question from Mayor Turner, Assistant City Manager Elizondo indicated that staff will have an opinion within two to three weeks. Mr. Elizondo indicated that to enact the changes proposed would require thirty to forty-five days, noting that during the interim, staff will try to work things out. Mr. Curtis Cantwell, 4501 Greensboro, a representative of a committee for betterment of his subdivision, commented on a park in Country Club which is under -developed. Mr. Cantwell requested consideration from the Council to locate funds for the park in Country Club. Mr. Cantwell also commented on an unimproved ditch in the same area. Discussion followed and Mayor Turner suggested participation in the Adopt -A -Park program and suggested that Mr. Cantwell meet with Assistant City Manager Bill Hennings. Mr. Earl Wilder, 517 Williamson, a representative of the Retired Firefighters and Widows, presented a letter to the Council addressed to him from the office of President Reagan relative to the situation concerning the retired firefighters and widows of Texas, Inc. iinutes Regular Council Meeting December 13, 1988 Page 16 Mr. David Noyola inquired about the date of the public hearing concerning the nusiance bar in the Molina area. City Attorney George noted that a motion was passed to schedule the hearing; staff is working on this issue, noting that the City has to follow the state law. Mr. George explained the procedure, indicating that as soon as he has heard from County Attorney Carlos Valdez, he will expedite the scheduling of the hearing. Mr. Enrique Garcia, 802 Berry, representing the Police Officers Association, indicated that the association endorses the concept of holding a public hearing concerning the bar in the Molina area. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 5:05 p.m. on December 13, 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 December 13, 1988 which were approved by the City Council on December 20, 1988. ITNESSETH MY HAND AND SEAL, this the ( — day of 19 y� Armando Chapa, City Secret City of Corpus Christi y