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HomeMy WebLinkAboutMinutes City Council - 10/03/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 3, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Council Members: Leo Guerrero * Tom Hunt Edward A. Martin Joe McComb * Clif Moss Mary Rhodes Absent Frank Schwing, Jr. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Mayor Pro Tem David Berlanga following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Tom Hunt. 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. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of September 26, 1989, and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner administered the Oaths of Office to the following newly appointed Board and Committee appointees: Cefe Valenzuela - Park and Recreation Advisory Committee; Tomasa G. Martinez - Senior Companion Program Advisory Committee. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: Building Standards Board CC Area Convention & Visitors Bureau Ismael Salazar Kiko Barrera MICROFILMED inutes Regular Council Meeting October 3, 1989 Page 2 Sister City Committee Transportation Advisory Committee Sandra Langberg - Reappointed Drue Combs II Judy Haven II Fernando Iglesias II Cynthia Gonzales II David Neipert II Charlene Hibberts ti Judge Armando Flores William O. Woody Dr. Henry Santana Jose Alvarado, Jr. Dr. Aurelio G. Valdez Len Brandrup * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 10 and Council Members requested that Items 2, 5 and 10 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. 1489-0293 Motion amending the motion approving supply agreements for precoat aggregate with White's Mines and Gifford Hill & Co. to provide that Gifford Hill & Co. is awarded the primary supply contract and White's Mines is awarded the secondary supply contract. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. 3. 1489-0295 Motion confirming the appointments to the Board of Directors of the Heart of Corpus Christi for FY 1990. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. inutes Regular Council Meeting October 3, 1989 Page 3 4. M89-0296 Motion approving a contract with the Nyfeler Organization, Inc. to perform Architectural and Engineering Services needed to complete the City's portion of improvements to move the airlines into new ticket lobby and concourse for $10,000, plus verified out of pocket fees, with the total cost not to exceed $12,500. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. 6. M89-0298 Motion approving a contract with Corpus Christi Independent School District in the amount of $18,750 for fourth grade education programs provided by the Corpus Christi Museum during the current school year. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. 7. FIRST READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE USE AND OCCUPANCY OF THE NORTH WING OF THE BUILDING, IMPROVEMENTS, AND GROUNDS ON LOT 12, BLOCK 23, MEADOW PARK ADDITION; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. 8. M89-0299 Motion authorizing the City Manager or his designee to contract for services with the Texas Commission on the Arts for matching funds in the amount of $11,256, for regranting to local arts organizations through the Municipal Arts Commission's subgrant program. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. 9. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE FOR THE USE OF A 4.1 ACRE TRACT OF LAND IN PRICE PARK FOR YOUTH SPORTS PURPOSES. 1 Lnutes gegular Council Meeting October 3, 1989 Page 4 The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Hunt, Martin, Moss and Rhodes voting, "Aye"; Guerrero and McComb absent at the time the vote was taken; Schwing absent. * * * * * * * * * * * * * * Assistant City Manager Elizondo responded to a question from Mayor Pro Tem Berlanga relative to Item No. 2 on approval of the award for cardiac monitor defibrillators, stating that one of the two units is a replacement and one is for a new ambulance included in the 1989-90 Capital Outlay budget. Relative to Item No. 5 on the resealing of masonry at Harbor Playhouse, Mayor Turner expressed concern that this project could not have been handled in- house. Director of Engineering Services Carl Crull explained the responsibilities of the City architect and the design consultant. He stated that this is a budgeted amount; it is a sixty-day contract; the inspection time is very minimal; and this is the first time the City has had to weatherproof the building. * Council Member Guerrero arrived at the meeting at 2:20 p.m. Pertaining to Item No. 10 on the proposed amendments to Articles 3, 12, 13, 14, 15, 16, and 20 of the Zoning Ordinance pertaining to auto -related land uses, Council Member Martin stated that this item responds to the concerns of the Council about what uses are permitted in the "B-1" district as it relates to automotive uses. He expressed concern because adoption of this ordinance would possibly make about seventy-five percent of the auto -related uses non -conforming. He stated that he supports the ordinance but asked if some of the wording could be changed. * Council Member McComb arrived at the meeting at 2:20 p.m. Director of Planning Harvey responded to questions raised by Council Member Martin and briefly explained the proposed ordinance revisions. Mr. Harvey indicated that he would like to survey this matter in more detail. Mayor Turner also expressed concern and asked if existing uses which will become non -conforming could be "grandfathered," and Mr. Harvey responded by stating that if the operation is presently legal and the City changes the regulations which will make them non -conforming, they automatically are allowed to continue to exist. He stated that if they are presently in an illegal use, they will remain illegal. Discussion ensued, and Mr. Harvey stated that he would like to do a more thorough survey over the next thirty days and identify the types of uses that are existing and the types of uses which would be made non -conforming so that he could provide the Council with better answers to their concerns. mutes Aegular Council Meeting October 3, 1989 Page 5 There were no comments from the audience on Items 2, 5 or 10. City Secretary Chapa polled the Council for their votes and the following items were passed: 2. 1189-0294 Motion approving the award for two cardiac monitor defibrillators for the EMS Department, to Physio -Control Corporation, Arlington, Texas, based on sole source, for the amount of $13,632.50. The equipment is included in the 1989-90 Capital Outlay. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. 5. M89-0297 Motion awarding a contract in the amount of $17,990 to Century Waterproofing, Inc. to reseal the masonry at the Harbor Playhouse. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. 10. SECOND READING AMENDING ARTICLES 3, 12, 13, 14, 15, 16, AND 20 OF THE CORPUS CHRISTI ZONING ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 11 thru 16 on the agenda. In answer to a question from Council Member Moss relative to Item No. 11 on the Collection System Master Plan for Wastewater Treatment Plant Service area, City Manager Garza responded by stating that staff is recommending the firm of Brown & Caldwell/Freese & Nichols because they have done so much work in studying the entire situation. Mr. Garza reviewed the background information regarding this item, stating that once it is approved by the Council, he will then negotiate a contract with Brown & Caldwell/Freese & Nichols. In response to a question from Council Member Martin who expressed concern about this firm's previous contract, City Manager Garza indicated that previously there was some disagreement regarding what the firm was supposed to autes Kegular Council Meeting October 3, 1989 Page 6 do versus what the City requested them to do. Mr. Garza stated that the scope of the project which they completed was within the instructions that were given by the City staff. Carl Crull, Engineering Services Director, stated that with the Southside Plant site selected, it is now necessary to make the necessary revisions to the Collection System Master Plan so that as development occurs or the City implements a Capital Improvement Program, the collection system can be properly and economically installed to service the area. Mr. Crull stated that he has had some differences of opinion on some assumptions which were made by this firm but over all, he is satisfied with their work. Council Member Moss also expressed concern and asked if a local company could not be considered for this work, and City Manager Garza responded by stating that staff believes this firm is familiar with the data; they have the best price; and they have the best product. In response to questions raised by Council Member Moss in reference to Item No. 12 on the water system improvements, Northwest Area, Engineering Services Director Carl Crull briefly explained the contract for analyzation of the water distribution system for the northwest area of the City. Relative to Items 13 thru 16, Mr. Crull provided a status report on these four items which are all related to the State Department of Highways and Public Transportation. He elaborated on the agreements and the funding for the following projects: 1. Up River Road Improvements - Agreements with SDHPT; 2. Escrow Agreement with the State for Horne Road Traffic Signal Improvements; 3. FM 2292 (Rand Morgan Road) - SH 44 (Agnes Street) to III 37; and 4. the Traffic Light Synchronization Program. There were no comments from the audience on Items 11 thru 16. City Secretary Chapa polled the Council for their votes and the following were passed: 11. M89-0300 Motion authorizing staff to negotiate a Contract for Engineering Services with Brown & Caldwell/Freese & Nichols, a Joint Venture, to prepare the Collection System Master Plan for the Southside Wastewater Treatment Plant Service Area. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, and Rhodes voting, "Aye"; Martin, McComb and Moss voting, "No"; Guerrero absent at the time the vote was taken; Schwing absent. mutes regular Council Meeting October 3, 1989 Page 7 12. 1489-0301 Motion authorizing staff to negotiate a Contract for Engineering Services with Black & Veatch Consulting Engineers to analyze in detail the Water Distribution System for the Northwest Area of the City. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. 13. RESOLUTION NO. 20786 AUTHORIZING THE EXECUTION OF TWO AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S PARTICIPATION IN THE IMPROVEMENTS TO UP RIVER ROAD FROM HEARN ROAD TO THE UNION PACIFIC RAILROAD TRACKS AND THE RELATED UTILITY RELOCATIONS. The foregoing resolution passed by the following vote: Turner, Berlanga, Hunt, Martin, McCom, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. 14. RESOLUTION NO. 20787 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION PROVIDING FOR TRAFFIC SIGNAL COORDINATION IMPROVEMENTS ON HORNE ROAD BETWEEN AYERS STREET AND AIRPORT ROAD. The foregoing resolution passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. 15. RESOLUTION NO. 20788 ACCEPTING THE PROVISIONS OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER 89188 PERTAINING TO RAND MORGAN ROAD (FM 2292). The foregoing resolution passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. 16. RESOLUTION NO. 20789 AUTHORIZING THE TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION. The foregoing resolution passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. * * * * * * * * * * * * * * .nutes Regular Council Meeting October 3, 1989 Page 8 Mayor Turner announced the public hearing on the following zoning application: 17. Application No. 889-4, Long John Silvers: For a change of zoning from "B-4" General Business District to "B-5" Primary Business District on Lots 3F and 3G, Park Plaza Annex, located between South Staples Street and McArdle Road, approximately 250' west of McArdle Road. City Attorney Hal George informed the Council that Council Member Rhodes has filed a conflict of interest affidavit and will not be participating in the discussion or vote on this item. Mayor Turner indicated that both the Planning Commission and Planning Staff recommend denial of this application. Mayor Turner requested an explanation of this item, noting that an error was made because building permits were issued and the signs were improperly located, and City Manager Garza stated that this is not a matter of whose error it is but a matter of City staff procedure. He commented on the permitting process and stated that the City expects the individual receiving the permit to follow the regulations. He stated that he would like to study the City's administrative procedures in this regard because the error occurred because of the system. Mr. Garza expressed the opinion that in this case a special permit would be appropriate because the applicant should not be penalized. Discussion followed and Planning Director Harvey provided background information on the application and stated that the question of legality of the signs has to do with the location as well as the size. He stated that presently the signs are illegal and he elaborated on the signage. He stated that one option is to replace the existing sign with a smaller sign and another alternative would be to grant them a special permit. Mr. Carlos Barrera, Area Supervisor for the Corpus Christi stores, stated that his company contracted with Anchor Signs to provide signage in accordance with City regulations. He stated that the City did not require Anchor Signs to submit a plot plan and his company did not know the signs were illegal. He stated that they were already in operation when they were told they were in non-compliance. Mr. Frank Morales, District Director for Long John Silvers, stated that they did not intend to take advantage of the situation and wanted to be in good standing with the community. He stated that they have had a bid for $5,300 to relocate the existing sign within code; it was not their mistake; and if they have to provide a smaller sign, the company would have to undergo a great expense. Mr. Harvey provided an update of what occurred at the Planning Commission meeting which led to their recommendation of denial. inutes Regular Council Meeting October 3, 1989 Page 9 The Mayor and various Council Members expressed concern about this error, and Mayor Turner stated that she would like staff to provide better recommendations or procedures for handling this kind of situation so that an error does not occur in the future. Assistant City Manager Elizondo provided background information on this case and stated that the signs were not constructed when the building was ready to be occupied. He stated that the sign company did not call for an inspection and is currently out of business. Mr. Elizondo indicated that the City needs to adopt better procedures in this regard. Ms. Dorothy Spann, 502 Del Mar, referred to the sign company that went out of business and suggested that the City try and locate them. Mayor Turner closed the public hearing. A motion was made by Mayor Pro Tem Berlanga to grant Long John Silvers a special permit which would allow the signage to remain. The motion was seconded by Council Member Moss and passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb and Moss voting, "Aye"; Rhodes abstaining; Guerrero absent at the time the vote was taken; Schwing absent. City Secretary Chapa informed the Council that an ordinance relative to the special permit will be forthcoming to the Council. * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 18. Application No. 889-9, PJC Partnership: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 7-A, Block 1, Koolside Addition, located on the west side of Airline Road, approximately 400' north of McArdle Road. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of this application. No one from the audience spoke in opposition to this application. Mayor Turner closed the public hearing. Council Member Rhodes expressed concern about this creating more traffic, and Planning Director Harvey stated that for the intensity of use that this would allow, the increase in traffic would be insignificant. City Secretary Chapa polled the Council for their votes and the following ordinance was approved: nutes Aegular Council Meeting October 3, 1989 Page 10 ORDINANCE NO. 20790 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PJC PARTNERSHIP, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 7-A, BLOCK 1, KOOLSIDE ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and City Manager Garza commented on a letter relative to single-family mortgage revenue bond authority. Mayor Turner called for reports from the Council. Council Member Rhodes raised questions concerning some previous funds in the park fund. She asked if those funds could be used to develop the piece of land on Corpus Christi Beach if the RV park is not erected, and City Manager Garza stated that the Council will be provided an update on that project. Council Member Moss inquired if the City had any responsibility relative to invoices for the Boys Club, and City Manager Garza stated that this matter is under investigation and he will provide the Council with a report in Closed Session. Mr. Moss inquired about the City's handling of the robbery situation, and City Manager Garza responded by stating that the unit has not yet been formed; it will be given a lot of priority; and the unit is scheduled to be activated on October 16. Council Member Hunt read a report of future predictions regarding the relocation of the police building downtown. Mayor Turner referred to the houses located in Heritage Park and stated that the public has very limited access to those houses. She stated that hours of operation should be taken into consideration when negotiations occur between the City and the organizations who occupy those buildings, and City Manager Garza indicated that there is a concern regarding the maintenance of those buildings. Council Member McComb spoke regarding a petition which was submitted in reference to poisonous snakes. Mayor Turner called for petitions from the audience and there were none. mutes Regular Council Meeting October 3, 1989 Page 11 At 3:30 p.m. the Council went into Closed Session pursuant to Article 6252-17, Section 2(e), V.A.C.S. to consult with the City Attorney and discuss contemplated litigation on environmental matters. The Regular Meeting was reconvened at 4:25 p.m. and Mayor Turner declared the Council Meeting adjourned at 4:25 p.m. on October 3, 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 October 3, 1989, which were approved by the City Council on October 10, 1989. WITNESSETH MY HAND AND SEAL, this the day of 1989. Bettyurner , Mayor Armando Chapa City Secretary