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HomeMy WebLinkAboutMinutes City Council - 02/07/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 7, 1989 2:00 p.m. PRESENT Acting Mayor Pro Tem Mary Pat Slavik Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet * Mary Rhodes Linda Strong Absent City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner Mayor Pro Tem Frank Schwing Acting Mayor Pro Tem Mary Pat Slavik called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Richard B. Lear following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. City Secretary Chapa informed the Council that due to the inclement weather, the Minutes of the Council Meeting of January 31, 1989 were not delivered to the Council and will be considered at next week's Council Meeting. Acting Mayor Pro Tem Slavik recognized Ms. Melissa Gonzalez, President of the Corpus Christi American Heart Association Division Area, and presented her with a Proclamation designating February, 1989 as "American Heart Month." Acting Mayor Pro Tem Slavik referred to the Board and Committee appointments and the following appointments were made by the Council: Building Standards Board Coastal Bend Health Fac. Dev. Corp. Fred Greenberg Preston Smith MICROFILMED Minutes Regular Council Meeting February 7, 1989 Page 2 Electrical Advisory Board Jack Green Mechanical Advisory Committee Russell Brashars - Reappointed Roberto Olivo - Derwood Anderson - Ronald Murray Park & Recreation Advisory Committee June Wilkerson Sister City Committee Rose Gunji Acting Mayor Pro Tem Slavik called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 5, and Council Members requested that Items 2 and 3 be withheld for discussion. There were no questions from the audience on the other items. * Council Member Pruet arrived at 2:25 p.m. Relative to Item No. 5 on the street assessment policy revision, City Manager Garza indicated that this is a recommendation which staff has made regarding the City's special assessment process, indicating that authorization is requested by the City Council to not levy any assessments against the property owners on projects where the state is funding all the costs. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M89-0032 Motion authorizing acquisition of Parcel 2 located on the east side of Airline Road between Wooldridge Road and Sandra Lane at a cost of $13,150 from Emil Habeeb for the Airline Road Street Improvements project. The foregoing motion passed by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. 4. FIRST READING CLOSING AND ABANDONING PORTIONS OF STREET RIGHTS-OF-WAY MORE FULLY DESCRIBED BELOW AND IN ACCORDANCE WITH THE PROVISIONS SET FORTH HEREIN. The foregoing Ordinance passed on first reading by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. Minutes Regular Council Meeting February 7, 1989 Page 3 5. FIRST READING AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-21, REQUIRED IMPROVEMENTS; POLICY ON ASSESSMENTS, BY ADDING A NEW SUBSECTION F RELATING TO ASSESSMENTS ON STATE HIGHWAY CONTROLLED ROUTES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. * * * * * * * * * * * * * Relative to Item No. 2 on the Comprehensive Homeless Assistance Plan and Emergency Shelter Grant Application, Acting Mayor Pro Tem Slavik inquired about the number of homeless and the percentage of mentally retarded, and Assistant City Manager Elizondo responded by stating that there are about 2,764 homeless persons in Corpus Christi and 3,214 in Nueces County. Mr. Elizondo stated that he does not have the percentage of the mentally retarded and will try to provide Mrs. Slavik with that figure. Mr. Elizondo stated that this puts in place a major ingredient which the City has to have in order for the organizations to be able to compete for the funds nationally, noting that some funds were allocated for that purpose out of the City's CDBG funds. Relative to Item No. 3 on the South Staples Street Improvements - Saratoga Boulevard to Oso Creek, Mr. Harold Kronke, 2650 Linn, posed some questions, and City Manager Garza indicated that the money the City would be spending for the improvements would be for improvements located inside the City limits. Mr. Garza stated that there was a bond referendum relative to certain improvements to McKenzie Street and subsequent to the authorization by the voters, the City realized the scope of the project was much too large for the amount of money which had been set aside. He stated that because of the PASS Program the State of Texas has started on state numbered routes, the City will be able to designate some of the bonding capacity which had been for Up River Road for the McKenzie Street improvements. Mr. Garza indicated that the City is in the process of selecting the consulting engineers for that project and it will be recommended for inclusion in the forthcoming bond sale. Mr. Garza stated that the Staples Street project is being done by the state and this assessment is for improvements in accordance with that state project within the City and for which the state does not provide funding. Acting Mayor Pro Tem Slavik suggested that Mr. Kronke be notified of the date the McKenzie Street improvements will be discussed by the Council. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting February 7, 1989 Page 4 2. M89-0033 Motion authorizing the City Council to approve the Comprehensive Homeless Assistance Plan, as amended, which identifies the existing needs of the homeless and the community agencies which provide resources to address those needs; and authorizing the City Manager to submit an Emergency Shelter Grant application in the amount of $58,000. The foregoing motion passed by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. 3. RESOLUTION NO. 20583 AUTHORIZING TWO AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S PARTICIPATION IN THE RECONSTRUCTION OF SOUTH STAPLES STREET FROM SARATOGA BOULEVARD TO OSO CREEK. The foregoing Resolution passed by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes and Strong voting, "Aye"; Pruet abstaining; Turner and Schwing absent. * * * * * * * * * * * * * * * Acting Mayor Pro Tem Slavik called for consideration of Items 6 thru 11 and Mrs. Slavik requested that Item No. 10 be withheld for discussion. There were no comments on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 6. FIRST READING AUTHORIZING THE EXECUTION OF RELEASES OF COASTAL PUBLIC LANDS LEASE NOS. CL -80-008, CL -80-009, AND CL -80-010. The foregoing Ordinance passed on first reading by the following vote: Slavik, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Turner and Schwing absent. 7. SECOND READING AUTHORIZING THE EXECUTION OF A SERVICE AGREEMENT WITH CHRISTINE HEINESH FOR THE OPERATION OF MANUAL FOOD AND DRINK CONCESSIONS AT BILL WITT AND GREENWOOD SOFTBALL COMPLEXES. The foregoing Ordinance passed on second reading by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. Minutes Regular Council Meeting February 7, 1989 Page 5 8. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER SECTION 12-61, RATES AND RENTAL FEES SPACE --SCHEDULE AND REGULATIONS, BY ADDING The foregoing Ordinance passed on second Slavik, Berlanga, Guerrero, Moss, Rhodes, Turner and Schwing absent. 12, BOATS, BAYS AND WATERWAYS, FOR USE OF SLIPS AND DOCK DRY HARD STAND BOAT STORAGE. reading by the following vote: Pruet and Strong voting, "Aye"; 9. SECOND READING RESCINDING ORDINANCE NO. 19509, AND PROVIDING FOR THE PAYMENT OF INTEREST EARNED FOR RETAINAGE OF GREATER THAN FIVE (5) PERCENT ON CONTRACTS OF $400,000 OR MORE. The foregoing Ordinance passed on second reading by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. 11. SECOND READING AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY 1979 ADOPTED BY ORDINANCE NO. 15181 PASSED BY THE CITY COUNCIL ON OCTOBER 17, 1979. The foregoing Ordinance passed on second reading by the following vote: Slavik, Berlanga, Guerrero, Moss, Rhodes, Pruet and Strong voting, "Aye"; Turner and Schwing absent. * * * * * * * * * * * * * Relative to Item No. 10 on the proposal for the televising of City Council Meetings, Acting Mayor Pro Tem Slavik indicated that she had received information from Tomas Duran, Senior Assistant to the City Manager, and it has answered her questions regarding Mr. Gilmartin's figures which were presented last week. Relative to the extension of the contract with TCI Cablevision, Council Member Moss suggested that it be subject to renegotiating the franchise fee at the end of the present term. He expressed concern that the City not close the door for future Councils to be able to renegotiate the franchise fee. City Manager Garza indicated that Mr. Moss' suggestion is possible and he would check with TCI to see if they are agreeable. He stated that at the time the present contract expires, the contract would be negotiated, and whichever Council is then seated would negotiate their own contract. He indicated that any language that was inserted would not bind any future Councils. Mr. Garza noted that the City does have an additional taxing authority of one percent; four percent is recommended; and at the next renewal, the next Council could raise it to five percent. Mr. Garza stated that renegotiation of the contract Minutes Regular Council Meeting February 7, 1989 Page 6 with terms and conditions is understood and before the next contract would be granted, it would be subject to renegotiation at that time. Relative to renegotiating the contract, Council Member Pruet stated that staff has indicated that it is a good deal and he believes it is a good deal. He stated that he hopes that the Council will pass the ordinance on the second reading and not require staff to open renegotiations which, in essence, could stop the whole process. He stated that if the Council believes it is a good deal, they should vote "Yes", and if they do not feel it is a good deal, they should vote, "No." Discussion followed and those Council Members in favor of the City Manager conversing with Mr. Grimes of the cable company relative to Mr. Moss' concern were Slavik and Moss; the remainder of the Council was not in favor; Turner and Schwing absent. There were no comments from the public on Item No. 10. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on second reading: 10. SECOND READING GRANTING TO TCI CABLEVISION OF TEXAS, INC. AN AMENDMENT TO THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE NO. 16133, TO EXTEND SAID FRANCHISE FOR FIVE YEARS IN CONSIDERATION OF TCI PROVIDING CERTAIN EQUIPMENT, CONTRIBUTIONS AND SERVICES IN SUPPORT OF PROGRAMMING ON THE GOVERNMENTAL ACCESS CHANNEL; PROVIDING PENALTIES FOR VIOLATION; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Slavik, Berlanga, Guerrero, Rhodes, Pruet and Strong voting, "Aye"; Moss voting "No"; Turner and Schwing absent. * * * * * * * * * * * * * Acting Mayor Pro Tem Slavik opened the public hearing on the following zoning application: 12. Application No. 189-1, Messrs. John and Jack Tucker: For a change of zoning from "B-1" Neighborhood Business District and "A-1" Apartment House District to "B-4" General Business District on a portion of Lot 3, Block 1, The Forum Mall, located on the east side of Rodd Field Road, approximately 300' north of Windbrook Lane. Acting Mayor Pro Tem Slavik stated that the Planning Commission's recommendation is approval of this application and the recommendation of the planning Staff is denial. Minutes Regular Council Meeting February 7, 1989 Page 7 Mr. Larry Urban, representing the applicants, John & Jack Tucker, indicated that the staff recommended against this application because it would be a concentration of business zoning. He stated that the applicants felt it was appropriate zoning, indicating that the property on all sides is already zoned "B-4" and "1-2". He stated that the applicants are both developers and could be potential users of the property. Mr. Urban indicated that there are no specific plans for the property and that the ultimate use of the property will be dictated by the development in that area. Brandol Harvey, Planning Director, indicated that there was no opposition from the public relative to this application. He stated that staff is of the opinion that the subject property is appropriately zoned "A-1" and should not be changed. Mr. Harvey indicated that the applicant owns both the subject property and the adjacent "A-1" property to the east and changing the subject tract to "B-4" may impede direct access from the remaining "A-1" property to Rodd Field Road. He stated that any future apartment development would be forced to traverse a commercially -zoned tract in order to obtain access to the arterial, and that granting the requested zoning would result in a solid strip of commercial -zoned properties from Holly Road to Wooldridge Road. Mr. Harvey explained that there is an excessive amount of vacant, commercially -zoned properties currently available in the immediate area. Mr. Harvey continued by stating that the policy statements of the Council indicate that there is no desire to have strip development along arterials. He stated that "A-1" frontage of the road provides good opportunities for integrated development of multi -family to the east, noting that with the elimination of "A-1", the opportunity for an apartment development to have immediate access to the arterial is eliminated and strip commercial is encouraged. Planner Alice Terrall located the area on the land use map and showed slides of the vicinity. Ms. Terrall also provided background information on the property in the area. Discussion followed and Acting Mayor Pro Tem Slavik expressed concern that there is no plan for future development. She inquired if anyone in the audience had any objections to the application, and there were no objections. Council Member Berlanga indicated that area is located far out and it is not affecting neighborhoods or schools. He stated that it is just a case of where a developer needs to change the zoning to encourage development or sell it to a developer. Mr. Berlanga stated that he does not think the City should stop development. Council Member Pruet indicated that the timetable for development is irrelevant and not something that the Council is going to decide. He indicated that the statement which the Council makes by the rezoning is a positive one and if it would encourage developers to make investments and create additional tax base, it is the responsibility of this Council to look for ways to expand the Minutes Regular Council Meeting February 7, 1989 Page 8 tax base. Mr. Pruet indicated that the Planning Commission's position accurately reflects the position of the policies of the Council. A notion was made by Council Member Strong to close the public hearing; seconded by Council Member Pruet and passed unanimously by those present and voting; Guerrero absent at the time the vote was taken; Turner and Schwing absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20584 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN AND JACK TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 3, BLOCK 1, THE FORUM MALL, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Berlanga, Moss, Rhodes, Pruet and Strong voting, "Aye"; Slavik voting, "No"; Guerrero absent at the time the vote was taken; Turner and Schwing absent. Acting Mayor Pro Tem Slavik called for the City Manager's report. City Manager Garza commented on a memorandum from Assistant City Manager Tom Utter which was sent to the Council relative to the EDA application for DeDietrich and stated that everything seems to be going satisfactory. Mr. Garza indicated that the City received notice that there are some reservations for the mortgage revenue bonds. He stated that the program is working very well and this time the City would like to use the mortgage credit certificates on a home improvement program. Mr. Garza referred to the ordinance recently passed relative to banning alcohol in parks and stated that there are times when activities occur where alcoholic beverages in public parks located close to school facilities, and those will be brought to the Council as they occur. Mr. Garza commented on a memorandum he sent the Council relative to a committee which is being formed by a local engineering society regarding street construction standards and stated that it would have the potential for impacting on the cost of future residential development. Mr. Garza indicated that the City should be involved in this project. 1 T Minutes Regular Council Meeting February 7, 1989 Page 9 Mr. Garza referred to the possible annexation by election and asked for direction from the Council on how the proposition should be structured, indicating that it has to be done by next Tuesday. Council Member Strong made a motion to direct the staff to set the wording up whereby there are four separate proposals for annexation for inclusion on the April 1, 1989 ballot. The motion was seconded by Council Member Rhodes. Acting Mayor Pro Tem Slavik called for the discussion of issues related to the possible annexation by election on April 1, 1989 of approximately 2,747 acres comprised of 25 tracts of land located in four general areas including certain tracts in the Northwest, Southside, Rodd Field Village and Padre Island areas. Mr. David Hull, 10701 So. Padre Island Drive, spoke in opposition to the annexation of Rodd Field Village and stated that it would be a burden to annex the Rodd Field Industrial Park. He presented the Council with a memorandum from the Rodd Field Property Owners Association regarding the possibility of entering into a contract with the City as an industrial district. City Manager Garza indicated that is possible, noting that the staff needs to study the proposal presented by Mr. Hull. Mr. Hull presented background information on the businesses in the area and stated that if Rodd Field Village is placed on the April 1 ballot, that it be requested to be zoned "I-2." Assistant City Manager Elizondo stated that the proposed service plan will have the "I-2" and will be effective on the date of annexation. Council Member Strong referred to the petition submitted last year when the City attempted to annex this area by ordinance and asked if the only way the property could be annexed is by election, noting that if this section is pulled off, it would require another election at some future date for annexation. City Attorney George indicated that the Legal Department has provided the most cautious and conservative advice to the staff advising that there should be an election on this particular piece of property and it is the safest most conservative way to do it. After some discussion on the issue of industrial districts by various Council Members, Council Member Berlanga stated that it is the duty of the City to consider annexation for expansion. He indicated that if the Rodd Field Village Industrial Park meets the guidelines in which the original industrial districts of the City were formed, this should be considered. Mr. Berlanga indicated that the City needs to expand; there will always be some opposition; and he encouraged the Council to support the staff's recommendation. Minutes Regular Council Meeting February 7, 1989 Page 10 The aforementioned motion by Council Member Strong passed unanimously; Turner and Schwing absent. * * * * * * * * * * * * * * Acting Mayor Pro Tem Slavik called for liaison reports and other reports from the Council. Council Member Rhodes indicated that she received a call relative to a problem on the elevation of the sidewalk at the corner of Sheridan and Harry. Council Member Pruet referred to the City Manager's comments on the committee relative to street design standards and noted that engineers will be involved in this project. He encouraged that the City receive input from the actual contractors who do that kind of work. Council Member Strong provided an update on the workshop meeting scheduled for February 14 relative to the Packery Channel discussion. She suggested that the meeting begin at 8:00 a.m., and there was no objection from the Council regarding the suggestion. Council Member Guerrero commented on the Oleander Point regatta relative to an estimate from the President of Shiner Moseley to remove the rubble and place there for the event. He indicated that the estimate was $100,000 less than what it would cost to redo the beach and suggested this option be seriously considered. City Manager Garza and Assistant City Manager Garza indicated that there is some confusion relative to the letter from Mr. Moseley, indicating that they will get together with Mr. Moseley. Relative to Oleander Point, Council Member Berlanga referred to a complaint he received regarding the exit going south just before Oleander and he described the location of the exit. He suggested that the staff look into this matter because it is a traffic hazard. Assistant City Manager Jesus Garza offered an explanation of the location of the exit and indicated that line markings are needed because it needs to be defined better. Council Member Moss commented on the issue whereby the City took bids for police cars and only two dealers from the City submitted bids. He stated that the City needs to encourage local bidders. City Manager Garza offered an explanation and commented on the bidding procedures of the City. Minutes Regular Council Meeting February 7, 1989 Page 11 Acting Mayor Pro Tem Slavik expressed concern about the ambulance service at Everhart and Saratoga and asked the staff to look into this matter and provide the Council with a written update. Assistant City Manager Elizondo stated that the City has six ambulances and commented on their locations. He stated that there are plans for a seventh ambulance. * * * * * * * * * * * * * Acting Mayor Pro Tem Slavik called for petitions from the audience on matters not scheduled on the agenda. Mr. Robert Reyna, 1821 Roslyn, commented on handicapped parking and posed questions concerning the paid municipal parking fees for disabled veterans, and City Manager Garza indicated that staff will provide Mr. Reyna with an answer. Council Member Berlanga expressed the opinion that he would like the disabled veterans to be exempt from municipal parking in Corpus Christi. * * * * * * * * * * * * * The Council went into closed session pursuant to Article 6252-17, Section 2(e), of V.A.C.S. to discuss litigation regarding environmental regulatory matters. The Council came out of closed session, and there being no further business to come before the Council, Acting Mayor Pro Tem Slavik declared the Council Meeting adjourned at.4:20 p.m. on February 7, 1989. * * * * * * * * * * * * * 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 February 7, 1989 which were approved by the City Council on February 14, 1989. tyli TNESSETH MY HAND AND SEAL, this the 42 7 day of 19 6 7 / Betty Turner, MAYOR T 1 Armando Chapa, (T ty Secretary City of Corpus Christi