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
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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.
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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
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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.
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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
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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.
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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.
* * * * * * * * * * * * * *
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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.
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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:
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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.
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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