HomeMy WebLinkAboutMinutes City Council - 09/11/1990MTNUITES
CITY OF CORPUS QIRI.SIT, TAS
REGULAR COUNCIL MEI1E91 G
September 11, 1990
2 p.m.
PRESSENP
Mayor Betty Turner
Mayor Pro Tem Frank Schwing
Council Members:
Cezar Galindo
Leo Guerrero
Tam Hunt
Edward Martin
Joe McComb
Clif Moss
Mary Rhodes
City Manager Juan Garza
Assistant City Attorney Jimmy Bray
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Council Member Cezar Galindo following
which the Pledge of Allegiance to the Flag of the United States of America was
led by Council Member Leo Guerrero.
City Secretary Armando (papa 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 4, 1990, and there being no corrections or additions, she
proclaimed them approved as distributed.
Mayor Turner read a Proclamation designating September 11, 1990, as "G.
Robert Welch Day" which she presented to Mr. Welch. Mr. Daniel Pedrotti,
Chairman of the Airport Advisory Committee, and Mr. George Hext, Director of
Aviation, also made presentations to Mr. Welch commiending him for his years of
service on the Airport Advisory Committee.
* * * * * * * * * * * * *
Mayor Turner administered the Oaths of Office to the following newly
appointed Board and Committee members: Method Snapka - Food Service Advisory
Commiittcc; J. R. Thompson - Water Shore Advisory Board.
* * * * * * * * * * * * *
MICROFIIMEO
Minutes
Regular Council Meeting
September 11, 1990
Page 2
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Items 1 thru 8. City
Manager Juan Garza withdrew Item 1 and Council Members requested that Items 6
and 8 be withheld for discussion.
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There were no ceimnents from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
2. M90-238
Motion approving a supply agreement for crushed limestone in accordance
with Bid Invitation No. 81-0378-90 with South Texas Materials Company,
Corpus Christi, Texas, based on total lav bid for the estimated annual
expenditure of $12,600. The term of the contract shall 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. This
material will be used by the Wastewater Division and funds have boon
budgeted for FY 90-91.
Minutes
Regular Council Meeting
September 11, 1990
Page 3
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss, and Rhodes voting, "Aye"
3. M90-239
Motion approving a supply agreement for approximately 43,000 gallons of
MS -1 emulsion oil in accordance with Bid Invitation No. BI -0404-90 with Elf
Asphalt, Austin, Texas, based on the low bid of $19,350. The term of the
contract will be twelve months with option to extend for up to twelve
additional months subject to the approval of the supplier and the City
Manager or his designee. This material will be used by the Street
Department for street maintenance. Funds are budgeted in FY 90-91.
The foregoing motion used by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss, and Rhodes voting, "Aye"
4. M90-240
Motion approving the purchase of sixty-nine traffic signal poles with mast
arms in accordance with Bid Invitation No. BI -0381-90 from Union Metal
Conpany, Richardson, Texas based on the total low bid of $146,884. These
items will be used by Traffic Engineering for capital improvement projects.
Funds are available from the 1986 Street Bond Fund.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Bunt, Martin, McComb, Moss, and Rhodes voting, "Aye"
5. RESOLUTION NO. 20981
AUTHORIZING THE CITY MANAGER TO ACCEPT A $1,474,713 GRANT FROM THE FEDERAL
AVIATION ADMINISTRATION TO REHABILITATE THE GENERAL AVIATION APRON AND
IMPROVE LIGHTING TO THE TAXIWAYS; AWARDING A CONTRACT IN THE AMOUNT OF
$1,409,470 TO SOU'T'H TEXAS CONSTRUCTION COMPANY FOR THIS WORK; AND
APPROPRIATING THE GRANT AMOUNT OF $1,474,713.
The foregoing resolution passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss, and Rhodes voting, "Aye"
7. ORDINANCE NO. 20982
AUTHORIZING THE EXECUTION OF AN INTERIM LEASE AGREEMENT WITH ROYAL IN -FLITS
CATERING, INC. FOR THE OPERATION OF THE IN-FLIGHT CATERING CONCESSION AT
CORPUS CHRI51'I II/TERNATIONAL AIRPORT FOR 12 MONTHS; AND DECLARING AN
EMERGENCY.
NCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb,
Moss, and Rhodes voting, "Aye"
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
September 11, 1990
Page 4
Mayor Turner called for consideration of Item 6, disestablishing the
Kennedy Causeway Advisory Committee.
Mayor Turner called for comnents from the audience.
Mr. George Clower, 304 Morningside, Chairman of the Kennedy Causeway
Advisory Committee, spoke against disestablishing the committee.
Ms. Marie Speer, 9320 South Padre Island Drive, commented that prior to
Council considering diastablishing the committee, they should allow the
committee to report its findings to the them.
After a brief discussion, Council Member Hunt made a motion that the
committee remain in existence for 90 days and at that time submit a final report
following which Council would consider disestablishing the committee; seconded
by Mary Rhodes and passed unanimously by those present.
6. DELAYED
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* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 8, denying the rate request
of Central Power & Light Company.
Council Member Joe McComb expressed the opinion that this issue should be
an item of notification and not an item for Council action. He cited several
reasons why Council should approve the CP&L rate request or table it and take no
action.
Council Member Hunt noted that he had previously voted against the CP&L
rate request and will vote against it again.
Council Member Rhodes made a motion that this matter be tabled and that the
Council take no action on it; seconded by Council Member Schwing; and failed to
pass by the following vote: Rhodes and Schwing voting "Aye"; Galindo, Guerrero,
Hunt, Martin, McComb, and Moss voting "No".
In response to a question posed by council Member Martin, City Manager
Garza affirmed that the City's options listed in his memorandum were viable
options.
Council Member Moss stated several reasons why the rate request should be
approved, emphasizing that referring this matter to the PUC would probably
result in a higher rate increase.
Mayor Turner called for comments from the audience.
Minutes
Regular Council Meeting
September 11, 1990
Page 5
Mr. Walter Hill, Sinton, Texas, Chairman of the CP&L Steering Committer,
encouraged the Council to approve the CP&L rate request compromise.
Mr. Mack McCluskey, DuPont Representative, read a prepared statement on
behalf of the Texas Industrial Electrical Consumer's Steering Committee urging
Council to approve CP&L's rate request settlement.
Council Member Galindo spoke against approving CP&L's rate request and
questioned whether CP&L could raise the discounted rate charge limit, currently
set at 500 kilowatt hours.
Responding to Council Member McComb's question, City Manager Garza
explained that the first part of the agreement was approved by the Council and
that they had committed themselves to supporting the second rate increase. He
recommended that Council approve the CP&L rate request.
Council Members asked various questions regarding the agreement's structure
and Assistant City Attorney Jin¢ny Bray responded that the requests are two
separate rate cases but that they are pursuant to the same original agreement
which was filed as required by law. He stated that the law also requires that
Council, in its regulatory capacity, take action on this matter.
Mayor Turner clarified that the Council does not have final authority on
this matter and that the request must be approved by the Public Utilities
Commission but that denying the rate request would make a statement on this
Council's position.
Council Member Martin recommended that the consultants not be present on
the third reading of this ordinance and Council Members pre nt concurred.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed on second reading:
8. SECOND READING
DENYING THE RATE REQUEST OF CENTRAL POWER & LIGHT COMPANY IN THE CITY OF
CORPUS CHRIsia, TEXAS, WHICH WOULD IMPLEMENT THE SETTLEMENT HERETOFORE
AGREED TO BY THE PARTICIPATING LETIES, CENTRAL POWER & LIGHT COMPANY AND
CERTAIN OTHER PARTIES; PROVIDING FOR CONDITIONS AND REPEAL OF CONFLICTING
ORDINANCES
The foregoing ordinance passed on second reading by the following vote:
Turner, Galindo, Guerrero, Hunt, Martin, and Rhodes voting, "Aye"; Schwing,
McComb and Moss voting, "No".
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 9 thru 11.
Minutes
Regular Council Meeting
September 11, 1990
Page 6
City Manager Garza, in response to Council Member Martin's question on
Item 9, agreed to test the materials recommended by BAY Inc., but stated that
the materials have been used as an aggregate but not for a seal coat program as
needed for this project.
City ser-retary Chapa polled the Council for their votes
were passed:
9. M90-241
and the following
Motion approving a supply agreement for precoated aggregate, Item 304, Type
PE of the State Department of Highways and Public Transportation 1982
Standard Specifications, in accordance with Bid Invitation No. BI -0349-90
with Vulcan Materials Company, San Antonio, Texas for $679,240 based on
only bid. The term of the contract 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. This material will be used
by the Street Department for construction and repair of City streets.
Funds have been budgeted for FY 90-91.
The foregoing motion pas cd by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss, and Rhodes voting, "Aye"
10. M90-242
Motion approving an agreement with Dr. Chandra Katragadda to cooperatively
construct improvements and repairs to retaining walls and storm sewer on
Lot 10, Block 1, Alta Vista Cliffs, and authorizing $25,000 from the Water
Fund Reserve Appropriations.
The foregoing motion passed by the following vote: Turner, Schwing,
Galindo, Guerrero, Hunt, Martin, McComb, Moss, and Rhodes voting, "Aye"
11. ORDINANCE NO. 20983
AMENDING ORDINANCE 20758 WHICH CLOSED TRAVIS AVENUE BETWEEN SCHANER
BOULEVARD AND DUBLIN DRIVE TO INCLUDE A PROVISION TO PROVIDE FOR PAYMENT OF
$13,981.13 WHICH HAS BEEN DETERMINED 'D7 BE THE FAIR MARKET VALUE OF TRAVIS
AVENUE AND REQUIRING REPIATTING WITHIN 180 DAYS OF PASSAGE OF ORDINANCE
AMENDMENT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb,
Moss, and Rhodes voting, "Aye"
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
Minutes
Regular Council Meeting
September 11, 1990
Page 7
12. Application No. 890-4, Humana Health rare Plans: For a change of zoning
from "B-1" Neighborhood Business District to "B-4" General Bucinegs
District on Lot 1, Block 7, Highway Village Section 1 Annex, located at the
northeast corner of McKinzie Road and N. Harrington Drive.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend denial of the "13-4" District, and in lieu thereof, approval of a
Special Permit for one free-standing sign located outside the minimum
required front yard setback, in accordance with the approved site plan and
subject to two conditions.
Mayor Turner inquired if the special permit was acceptable to the
applicant, and the response was affirmative.
There was no opposition from the audience on the zoning application.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Galindo and passed unanimously by those present and
voting.
City Secretary Cpapa polled the Council for their votes and the following
ordinance was approved:
ORDINANCE NO. 20984
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HUMANA HEALTH CARE PLANS
BY GRANTING A SPECIAL PERMIT FOR ONE FREESTANDING SIGN LOCATED OUTSIDE THE
MINIMUM REQUIRED FRONT YARD SETBACK, ON LOT 1, BLOCK 7, HIGHWAY VILLAGE
SECTION 1 ANNEX, LOCATED AT THE NORTHEAST CORNER OF Mc} NZIE ROAD AND N.
HARRINGIUN DRIVE; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, McComb, Moss,
and Rhodes voting, "Aye"; Martin voting "No".
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
13. Application No. 890-1, Ms. Shirley L. Sternadel: For a change of zoning
from "R -1B" One -family Dwelling District to "AB" Professional Office
District on the south 45 feet of Lot 16, Block 14, Lawndale Subdivision
Unit 1, located on the west side of South Staples Street, approximately 62
feet north of Slevin Street
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of the application.
There was no opposition from the public on the zoning application.
Minutes
Regular Council Meeting
September 11, 1990
Page 8
Council Member Guerrero moved to close the public hearing; seconded by
Council Member Galindo and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO.2O985
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SHIRLEY L. STERNADEL BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 16, BLOCK 14,
IAWNDALE SUBDIVISION UNIT 1 LOCATED ON THE WEST SIDE OF SOUTH STAPLES
STREET, APPROXIMATELY 62 N'na NORTH OF BLEVINS STREET, FROM "R -1B"
ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL Ofl ICE DISTRICT; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb,
Moss, and Rhodes voting, "Aye"
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
14. Application No. 890-3, South Texas Construction Company: For a change of
zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial
District on Lot 1, Block 5, South Acres Addition Unit 2, located on the
south side of Holly Road, between Kostoryz Road and Ayers Street.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend denial of the application.
Director of Planning Brandol Harvey explained "I-3" zoning and noted that
the applicant was applying for "I-3" zoning in order to install above -ground
fuel storage tanks and that to date the Fire Code does not address this issue.
He further explained that if approval is granted, the applicant still needed to
obtain approval from the Zoning Board of Adjustment.
Different viewpoints were discussed by members of the Council and Assistant
City Manager Elizondo and Mr. Harvey responded to specific Council questions.
Council Member McComb made a motion to give South Texas Construction
Company a special permit to allow them to install an above -ground tank; seconded
by Council Member Martin.
Fire Chief J. J. Adame stated that some major cities are allowing about
2,000 gallons to be stored in vaulted above -ground tanks. He recommended
against granting this zoning change.
Minutes
Regular Council Mooting
September 11, 1990
Page 9
Council Member Martin recommended that the Fire Cade Amendments be
addressed prior to consideration of this request due to the fact that this case
will be setting a precedent.
An extensive discussion ensued relative to the safety implications of
installing above -ground fuel storage tanks.
Mr. Adan Ybarra, affiliated with South Texas Construction Company,
commented that Federal and State regulations require properly contained
above -ground tanks and that underground tanks pose an environmental safety risk.
Assistant City Manager Elizondo affirmed that amendments to the Fire Code
would be forthcoming.
Mr. Skip McRay, Chief Executive Officer of Transport Company of Texas,
spoke in support of permitting above -ground fuel storage tanks.
Council Member McComb withdrew his motion.
Council Member Rhodes made a motion to table the zoning request until staff
reviews and brings back a report regarding the installation of above -ground fuel
tanks; seconded by Council Member Guerrero and passed unanimously by thocc
present and voting.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following:
15. Amendments to the text of the Zoning Ordinance, Article 27B, Landscape
Requirements
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of the Zoning Text Amendments, and she commended Mr. Harvey
for his performance in revising the ordinance.
Brandol Harvey, Director of Planning, gave an overview of the ordinance and
responded to Council questions.
There were no comments from the alidience on this item.
Council Member Rhodes moved to close the public hearing; seconded by
Council Member Galindo and passed unanimously by those present and voting.
Assistant City Secretary Zahn polled the Council for their votes and the
following ordinance was passed:
Minutes
Regular Council Meeting
September 11, 1990
Page 10
ORDINANCE NO. 20986
AMENDING THE ZONING ORDINANCE BY AMENDING AR IrTF 27B, LANDSCAPE
REQUIREMENTS; AND DECLARING AN EMERGENCY.
The foregoing ordinance passed by the following vote: Turner, Schwing,
Galindo, Hunt, Martin, McComb, Moss, and Rhodes voting, "Aye"; Guerrero
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza announced that he had suspended all disciplinary actions
being undertaken in the Park Maintenance Department pending his review.
Council Members were invited by City Manager Garza to attend the Employee
Recognition Reception to be held Wednesday, September 19, at the Convention
Center, Banquet Hall.
* * * * * * * * * * * * *
Mayor Turner called for Council concerns.
Council Member Rhodes reported on the hazardous condition of the house on
Blackjack, and City Manager Garza assured her that the matter would be resolved..
Council Member McComb recommended that Council pass a resolution
comrnemorating the life of Pat Sullivan.
* * * * * * * * * * * * *
Mayor Pro Tem Schwing called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Jesse Hix, 2622 Segrest, suggested that the city amend its ordinance
concerning vacant lot cleanup in order to expedite the cleanup time.
Mt. David Noyola, 4433 Valdez, cited the following locations as being in
hazardous condition (1) apartment building on Village on the Green; (2) a former
store on Yolanda Street; and (3) a former bar on Horne Road between Angela St.
and Barrera St.
Mr. Ron Hudson, 3566 Austin Street, commented on subsequent reports
concerning the Mercer report, the maintenance of property on Carmel Parkway, and
the absence of a timer for the lights at Parkdale library.
There being no further h Riness to come before the Council, Mayor Pro Tem
Schwing declared the meeting adjourned at 5:00 p.m.
* * * * * * * * * * * *
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 September 11, 1990 which
were approved by the City Council on September 18, 1990.
WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991.
Armando Chapa
City Secretary
etty Turner
Mayor