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HomeMy WebLinkAboutMinutes City Council - 09/11/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 11, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Herb Henry of Bethel Assembly of God Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga, Sr. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones noted the issuance of a proclamation designating September 10 through 16, 1984 as "CORPUS CHRISTI HUMAN RELATIONS WEEK". * Mayor Jones announced presentations to City employees in the following categories. He requested that Mr. Chuck Speed, Director of Personnel, explain the courses completed by the City employees. MICROFILMED lutes _gular Council Meeting September 11, 1984 Page 2 Mr. Speed explained that the people receiving plaques have just completed a management course of six parts for the upper level management personnel and the other plaques are for employees who have completed the six -part series on Supervisory Development Program, both programs being sponsored by the Texas A & M University. Mayor Jones then presented plaques to the following employees: 1. In recognition of the completion of the Texas A&M Administrative Development Series for middle and upper level management personnel, the following employees were presented with certificates of completion. Name: Frank Schlegel Wayne Cockroft Michael Vargo Mickey Raasch Title: Dept./Div. Street Inventory Inspector Distribution Superintendent Water System General Foreman Senior City Planner 2. In recognition of the Extension Services 6 -part following employees were presented with the Supervisory Development Program. Street Water Water Planning completion of the Texas A&M Engineering series on supervisory management, the certificates of completion of Name: Title: Betty Palmer Alfredo Grande Fernando Torres Patricia Delgado Senior Accountant I Park Maintenance Foreman Park Maintenance Foreman Senior Account Clerk Dept./Div. Accounting Park Park Data Processing Mayor Jones administered oaths to the following new appointees to the Interim Board of the Corpus Christi Regional Transit Authority: (1) Mrs. Pat Sullivan; (2) Mrs. Pat Eisenhauer; and (3) Mr. Joe Adame; the Building Standards Board - Ms. Patricia Constant; Human Relations Commission - Ms. Marcella Vasquez; Solicitations Commission - Mrs. Yolanda Pantoja; Sister City Committee - Mrs. Chris Adler; Cable Communications Commission - Mrs. F. H. Uehlenhaker; Water Allocation and Review Committee - Mr. David Bonilla, Mrs. Jan Patton, and Mr. August Meinrath; Planning Commission - Mr. Michael J. Clayborne; Electrical Advisory Board - Mrs. Christine Wisznia, Mr Kenneth A. Haley. * * * * * * * * * Council Member Kennedy arrived at the meeting at 2:21 p.m. during presentations. utes gular Council Meeting September 11, 1984 Page 3 Mayor Jones announced the bid opening on the following engineering project: Parking Lot at the Greenwood Senior Citizens Center. This Community Development Block Grant project provides for the construction of a 23 space parking lot to relieve some of the overcrowding which has resulted from increased activities taking place at the center. Mr. James K. Lontos, Assistant city Manager, opened bids on this project from the following firms: J. D. Construction and Refinery Company, Incorporated; King Construction Company; Oceanside Asphalt, Inc.; A. Ortiz Paving & Construction Company; and Triarch Corporation. Mr. Lontos verified that all of the bidders had submitted the required bid security bond, with the exception of Triarch Corporation. Mayor Jones expressed appreciation to the companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Jones read a special posting of an additional ordinance to be considered concerning special permits for effluent containers of less than 500 gallon capacity. He stated that the Council had discussed this during the morning Workshop Meeting and had agreed to amend the ordinance. City Secretary Read polled the Council for their votes on the ordinance and the following was passed: ORDINANCE NO. 18461: AMENDING THE CODE OF ORDINANCES, CHAPTER 55, WATER CONSERVATION, SECTION 55-155, EFFLUENT DISTRIBUTION PERMIT AND REGULATIONS, SUBSECTION F(1) TO PROVIDE FOR USE OF CONTAINERS OF LESS THAN 500 GALLONS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". utes ,gular Council Meeting September 11, 1984 Page 4 Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received September 26, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for street construction materials. Estimated annual expenditure $1,975,000. 2. Bids be received option to extend of the supplier work gloves, to Estimated annual October 3, 1984, for twelve months supply agreement, with for an additional twelve months, subject to the approval and the City Manager, or his designee, for leather palm be used by all divisions and stored in City Warehouse. expenditure $10,000. 3. Bids be received October 3, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for asphalt and emulsion oils for the Street Division. Estimated annual expenditure is $125,000. 4. Authorizing the City Manager to receive bids for the replacement and/or repair of the roof at the City Hall Annex. 5. Approving a twelve months supply agreement with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee, for large lamps including incandescent, flourescent, high intensity discharge, quartz, projector, airport markers and energy efficient lamps based on low bid from Westinghouse Electric for an estimated expenditure of $25,730. Prices have increased approximately 7% since the previous contract of June, 1983. Ten bid invitations were issued and four bids were received. 6. Approving a contract with Corpus Christi/Nueces County Clean Community System, Inc. in the amount of $15,000 for the period August 1, 1984 through July 31, 1985, for a litter abatement program. 7. Approving and authorizing a contract with Dr. M. Dee Koch, Psychologist, for psychological services to the Police Department, including counseling of recruits, officers, families of officers, and testing/evaluation of Police applicants. The contract amount is $32,075 with services billed at $25 per hour. 8. The following actions be taken on the Miscellaneous Parking Lot Improvement project, which is under contract to Hannes Construction Co., Inc. 1. The contractor be assessed an $800 penalty for failure to meet the Minority Business Enterprise participation requirements of the contract. -pates .gular Council Meeting September 11, 1984 Page 5 2. The contractor be granted a 7 day time extension to supplement 30 days allotted for the work due to delays involving laboratory testing problems beyond his control. 3. The project be accepted and final payment of $9,489.48 be authorized. This project consisted of the reworking and resurfacing of parking lots in Greenwood, Lakeview and West Guth Parks and also the Gas Division equipment yard. Total work done on this project, which is funded by Park Bond Funds and the Gas Division Operating Budget, is $102,094.75. 9. Authorizing the City Manager to execute a contract with the Texas Department of Health to continue the special supplementary food program for women, infants and children during the year October 1, 1984 through September 30, 1985. 10. Authorizing Trinity Engineering Testing Corporation to perform the required testing for pavement areas and concrete testing during construction of the Allison Wastewater Treatment Plant for a total fee not to exceed $5,995. No appropriation is necessary. 11. A change order be authorized to J & J Insulation and Acoustics, Inc. in the amount of $6,000 for acoustical improvements at the Convention Center. Insulation will be applied to the transom of new moveable partition at the Exhibit Hall and to new balcony walls on the second floor. 12. A public hearing be held on October 2, 1984, on the closure request of the 20 foot wide dedicated but unimproved alleys in Block 20, Calallen Townsite. Council Member Slavik referred to item 4 and inquired if the replacement of the roof at City Hall Annex was necessary because of an inferior job of installation. City Manager Martin stated that it was a poor job and the City has experienced difficulties with the roof for some time. Deputy City Manager Ernest Briones explained further that damage was inflicted by a high wind and the roof has continued to leak even after it was patched following this damage. He stated that the job was accepted as completed according to the job specifications approximately eighteen months ago. City Manager Martin indicated that the estimated cost would be about $20,000 and stated that the Staff will try to get by with a minimum job that will last approximately two years until the new City Hall is completed. utes 4u1ar Council Meeting September 11, 1984 Page 6 Council Member Mendez referred to item 8 and stated that he would like to commend the Staff for the position they have taken in regard to the failure of Hannes Construction Company, Inc. to meet the requirement for minority participation. Council Member Kennedy stated that he would like to have an explanation of the results if a contractor does almost all work and there is only a small percentage of subcontract work for minority workers. Council Member Brown expressed the opinion that there would not be much sub work to be contracted out on this particular job. City Manager Martin explained that the contractor needed to sub contract some of the work to satisfy the minority business enterprise participation. He explained that they attempt to analyze the job and analyze the availability of minorities, and on this particular job, they estimated that it would be 10%. He stated that this construction company presented a letter requesting that he be allowed to use only 7.2% because sometimes it is difficult to meet the requirement. He stated that this particular contractor did sub out all of the work to minorities but it only resulted in 6.7% minority participation. He agreed that the contractor made a good faith effort but he did fall short of the minority requirement. He assured the Council that the City Staff is not implying that Hannes Construction Company will not be used again because he did perform a very good job, but it was just a matter of not meeting the specifications according to the MBE participation. Assistant City Manager Lontos informed the Council that he did receive the letter from the contractor indicating that he would use 7.2% and he was awarded a contract on that basis. Council Member McComb pointed out that one solution that this contractor could have come up with is to charge the City more so that it would have been reflected that he did use the required percentage of minorities. He stated that he did not see why this contractor should be penalized because he made his best effort to meet the minority requirement. He referred to the bid opening on the project earlier in the meeting and pointed out that A. Ortiz Construction Company was the apparent low bidder. He inquired if Mr. Ortiz would be required to employ a certain percentage of majority workers. Council Member Guerrero indicated that that was irrelevant. Mayor Jones called for comments from the audience on this item. Mr. Ben Dake, Vice President of Hannes Construction Company, Inc., explained that at the time they bid this particular job, they were aware that it did require 10% MBE and they did make a good faith effort. He stated that he was told that the 7.2% figure would be satisfactory if they performed the work. He assured the Council that they had contracted all of their sub contract work utes jular Council Meeting September 11, 1984 Page 7 to minority businesses and before the job was completed, they were requested to submit an estimate of the percentage of minority workers. He stated that he had informed a Staff member in the Engineering Department that they anticipated that the minority participation would be 6.7% rather than the 7.2% but they did not know this until after the job was almost completed. He explained that they only had estimates to work with when they bid the job but after completion of the job, they found that the actual cost was less than anticipated. Mayor Jones inquired if the City had received in writing the fact that the contractor could provide the 7.2% minority participation, and Mr. Lontos stated that the 7.2% figure was from the contractor through discussions with Mr. Gerald Smith, City Engineer. He explained that under that assumption, they recommended to the City Council that the contractor be allowed the 7.2% minority participation as a good faith effort and the only time the 6.7% figure came to his attention was when the contract was completed. Mr. Dake explained that the 7.2% was an estimate; most of the work was performed on an hourly basis; and at the completion of the job, that was the first time they realized that it would only be 6.7% even though they used all minorities for the sub work. City Manager Martin explained that the only thing Hennes Construction Company could have done was to subcontract additional work that they performed themselves. He stated that he realized there are a lot of problems that need to be worked out when you work with MBE. He reiterated that this company is excellent and they performed well on this job but since the 7.2% minority figure that was agreed upon was not met, the Staff felt that the contractor should have tried other options. He reminded the Council that the specifications indicate that the charge is $800 penalty for one percentage point or less in not meeting the MBE requirements. He stated that the City did not want to endanger the MBE program by allowing additional liberties when one figure has been agreed upon. Council Member Kennedy pointed out that the original contract was for the amount of $105,000; the estimate for MBE requirements was based on that figure; but the actual cost was $102,000 upon completion of the job. He stated that his opinion was that this contractor had done all he could to meet his obligations to employ minorities in that he hired only minority subs. He pointed out that if the job had cost the estimated $105,000, he could have met the minority requirements, and City Manager Martin stated that that has nothing to do with the case. Council Member Kennedy continued by stating that if the contractor was operating in good faith on a contract with the City and tried to meet the guidelines when his percentage was based on an estimate, at what point in time in the contract can you stop doing work yourself and sub contract more work for minorities. Utes 4ular Council Meeting September 11, 1984 Page 8 City Manager Martin suggested that one way to assure this is to operate at a little above the minimum minority requirement. Mayor Jones pointed out that the contractor had agreed to 7.2% minority participation and he felt that that agreement was as much a part of the contract as any other factor. He expressed the opinion that if this is allowed to continue, more and more contractors would do the same thing and the MBE program would be endangered. Council Member Mendez agreed, stating that that is part of the specifications for every contract in the City and he thought the City had made a good concession by agreeing to lower the percentage from 10% to 7.2%, because the City Council could have denied award of the contract to Hennes Construction Company if they desired. Council Member Mendez McComb that he has no problem with the MBE program and he is glad that it is working successfully. He pointed out that whether it is a part of the contract or not, Mr. Lontos stated that he had received a letter agreeing to the 7.2% figure but he pointed out that this contractor had put forth a 100% effort to hire all minority subcontractors, and if the Council is going to approve this item, then he was of the opinion that they should go back to the A. Ortiz contract that was previously in dispute when he bid $3 for a certain item rather than a larger figure. He expressed the opinion that this contractor should be commended for subbing only to minorities and he was of the opinion that he did make a good faith effort and the Staff is wrong in recommending this penalty because this contractor missed his percentage by one-half of a percentage point. Council Member Guerrero stated that he thought that any variance would jeopardize the MBE program and he was of the opinion that the City is obligated to abide by the specifications in order to maintain a competitive bid process. Council Member Slavik stated that she hesitated to penalize this contractor the full $800; this is a new program and she felt that the City Council should be more tolerant. She then suggested that the penalty be reduced to $400 since there are some extenuating circumstances on this job and this would not be endangering the MBE program. Mayor Jones inquired as to how the Staff had arrived at the and City Manager Martin explained that the specifications indicate to meet the MBE requirements will result in an 8 -day penalty for the requirement or fraction thereof for a penalty of $100 a day. Mayor Pro Tem Turner pointed out that the bottom line is that this policy; a waiver was granted; and her question is whether waiver was in writing. $800 figure, that failure every 1% off the City has or not that utes jular Council Meeting September 11, 1984 Page 9 City Manager Martin assured her that the letter came from the contractor stating that he could not meet the 10% minority participation but he intended to meet the 7,2%. A motion was made by Council Member Slavik that in this particular instance, because the company was off one-half of a percentage point from their original agreement of minority participation, that the penalty be reduced to $400. The motion was seconded by Council Member Joe McComb. Mayor Jones called for the vote on the motion to reduce the penalty to $400 and it failed to pass by the following vote: Kennedy, McComb and Slavik voting, "Aye"; Jones, Turner, Brown and Mendez voting, "no"; Berlanga and Guerrero, absent from the Council Chamber at the time the vote was taken. A motion was made by Mayor Pro Tem Turner that the Consent Motions items 1 through 12 be approved, seconded by Council Member Berlanga. Mayor Jones suggested that since there was some difference of opinion on item 8 that the vote on that item be taken separately. He then called for the vote on the motion to approve item 8 and the vote was as follows: Jones, Turner, Brown and Mendez voting, "Aye"; Berlanga, Kennedy, McComb and Slavik voting, "No"; Guerrero, absent at the time the vote was taken. Council Member Guerrero then returned to the Council Chamber and stated that he voted "aye" on that particular item and it passed by a vote of 5 to 4. Mayor Jones called for the vote on the motion to approve all of the other items and it passed unanimously. Council Member McComb stated that he would like to bring up a point of order. He stated that he was of the opinion that the Council needs to establish some type of procedure when some of the Council Members are out of the room when the vote on any item is called. He indicated that he was as guilty as anyone else but he felt that some rule should be established and he did not know whether they needed to follow parliamentary procedure in this matter or whether this should be discussed during a Workshop Meeting. Mayor Jones stated that he agreed because he felt that the Council Members have an obligation to be in the room when the vote is taken. One of the Council Members inquired as to what had been done in the past about votes and Mayor Jones and Mayor Pro Tem Turner stated that former Council Member Bob Gulley was sometimes in the Committee Room at the time the vote was called but he always came forth to cast his vote. utes _gular Council Meeting September 11, 1984 Page 10 Mayor Jones also pointed out that some Council Members occasionally go into the Committee Room to discuss matters being discussed in the Council Chamber and he questioned this practice also. Council Member Slavik suggested that the Council make the decision that if the Council Members want their vote recorded then they must come back in to record their vote at the time the vote is taken, and Mayor Jones stated that he felt that the situation would correct itself since it has been discussed. * * * * * * * * Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings on items 13 through 24. Council Member Kennedy referred to Ordinance No. 18 and stated that he objected to the proliferation of banners all over the City and suggested that certain sites be designated and a limitation placed on the amount of time that the banners may be displayed. Mr. Tom Stewart, Director of Transportation, stated that the poles on which the banners are erected are furnished by Central Power & Light Company and they do not wish to be in the banner business any longer. He stated that there are only two locations where the poles are still available and one of those is on Staples, at King High School and the other is on Weber near Carroll High School. He also assured the Council that there is a two-week limitation period for displaying the banners. Council Member Slavik referred to item 21 which is the first reading approving the lease agreement for a parcel of land at Corpus Christi International Airport. She inquired if the revenue on this lease is comparable to other land leases, and City Manager Martin assured her that it is more. Council Member Mendez commended Assistant City Manager Lontos for working out the change order for the drainage improvements in the common drainage easement between Jackson Place and Jackson Woods Unit 2 as a part of the Annaville Area No. 1 Street Improvement Project as referred to in Ordinance No. 14. Council Member Berlanga inquired if there would be any problem for the oil companies in amending the Oil and Gas Well Drilling Ordinance to clarify the requirements for wells, and City Manager Martin assured him that it would not. He stated that the permit requirement is being changed to increase the depth allowed to 350 feet because a lot of water wells are being drilled to that depth. He also pointed out that if people are drilling their own wells, there are two things they need to remember: (1) they cannot interconnect it with the City's system; and (2) if they are going to drink the water, it will be tested free by the Health Department if they make that request. lutes ,gular Council Meeting September 11, 1984 Page 11 There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 13. ORDINANCE NO. 18453: APPROPRIATING $20,085.05 FROM THE NO. 162 FEDERAL/STATE GRANTS FOR UTILITY RELOCATIONS AND IMPROVEMENTS ASSOCIATED WITH THE PREVIOUSLY APPROVED SIXTH YEAR SPOHN HOSPITAL AREA STREET IMPROVEMENTS, PHASE I PROJECT AND THE SEVENTH YEAR GREENWOOD PARK SANITARY SEWER PROJECT; AUTHORIZING REIMBURSEMENT TO THE NO. 109 WASTEWATER SERVICE FUND FOR SAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 14. ORDINANCE NO. 18454: APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH IBANEZ CONSTRUCTION CO., INC. FOR ANNAVILLE AREA NO. 1 STREET IMPROVEMENT PROJECT PROVIDING FOR DRAINAGE IMPROVEMENTS IN THE COMMON DRAINAGE EASEMENT BETWEEN THE JACKSON PLACE AND JACKSON WOODS UNIT 2 SUBDIVISIONS; APPROPRIATING $26,066.25; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. ORDINANCE NO. 18455: AUTHORIZING REIMBURSEMENT TO HENRY TUCKER FOR INSTALLATION OF APPROXIMATELY 1,331 LINEAR FEET OF 20 -INCH DIAMETER WATER GRID MAIN; APPROPRIATING $53,430.30; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. ORDINANCE NO. 18451: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Furman School Area, Phase II 1. llth Street, from Morgan Avenue to Morris Avenue, 2. 12th Street, from Craig Street to Morris Avenue, and 3. Craig, Buford, Hancock and Coleman Streets, from 10th Street to Brownlee Boulevard; AND DECLARING AN EMERGENCY. utes ,gular Council Meeting September 11, 1984 Page 12 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. ORDINANCE NO. 18452: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Furman School Area, Phase II 1. llth Street, from Morgan Avenue to Morris Avenue, 2. 12th Street, from Craig Street to Morris Avenue, and 3. Craig, Buford, Hancock and Coleman Streets, from 10th Street to Brownlee Boulevard DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR OCTOBER 9, 1984 AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS AT CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. ORDINANCE NO. 18456: AMENDING THE CODE OF ORDINANCES, CHAPTER 3, ADVERTISING, TO AUTHORIZE THE DIRECTOR OF TRANSPORTATION TO ISSUE OVERHEAD BANNER PERMITS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19. ORDINANCE NO. 18457: AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, TO DEFINE A WELL AS HAVING A MINIMUM DEPTH OF 350 FEET; TO LIMIT THE PROTECTION OF THE RULE THAT PROHIBITS DRILLING WITHIN 400 FEET (200 FEET FOR A WELL REENTRY) OF A STRUCTURE DESIGNED FOR HUMAN OCCUPANCY TO EXISTING STRUCTURES AT THE TIME A DRILLING PERMIT IS APPLIED FOR; TO CLARIFY WHEN A DRILLING PERMIT IS REQUIRED; TO PROVIDE FOR WRITTEN NOTIFICATION OF A DRILLING APPLICATION TO ALL OWNERS OF PROPERTY WITHIN 400 FEET OF THE WELL (200 FEET FOR A WELL REENTRY; AND INCREASING THE MAXIMUM LENGTH OF BAY WELL STRUCTURES FROM 22 FEET TO 30 FEET; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. utes 4u1ar Council Meeting September 11, 1984 Page 13 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 20. ORDINANCE NO. 18458: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT BY CHANGING THE ZONING MAP IN REFERENCE A PORTION OUT OF LOT 1, OSO FARM TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 21. FIRST READING: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GLENN LANMON AND DR. JAMES LIVELY FOR THE LEASE OF A PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TWENTY YEAR PERIOD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 22. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND INTEREST DIVERSIFICATION GROUP, INC. FOR THE ANNEXATION OF APPROXIMATELY 3.18 ACRES OF LAND OUT OF LOT 22, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS POLO ESTATES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 23. THIRD READING - ORDINANCE NO. 18459: AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, OF THE CODE OF ORDINANCES BY ADDING DIFFERENT STREET SECTIONS TO THE SCHEDULES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". butes ;gular Council Meeting September 11, 1984 Page 14 24. THIRD READING - ORDINANCE NO. 18460: AMENDING SECTION V.B.5.(i) OF THE PLATTING ORDINANCE PERTAINING TO EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE SANITARY SEWER TRUST FUND; AMENDING SECTION V.B.6.(i) OF THE PLATTING ORDINANCE PERTAINING TO EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE WATER TRUST FUND. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Council Member Kennedy inquired if the City has set up directives or a policy of disposition of the effluent that comes from desalinization plants. City Manager Martin stated that they have not established a policy but the City may have to require the users to haul away the effluent from desalinization plants. Council Member Kennedy stated that certain volume figures should be established for this purpose. Council Member Brown inquired if it would be permissible to discharge the effluent back into the Bay, and City Manager Martin stated that he would not say that they could just discharge into the Bay. * * * * * * * * * Mayor Jones called for consideration of Action by Motion of the following items from the Regular Agenda: 25. Accepting the report, "Structural Review, Analysis and Recommendations of the Roof of the Exposition Hall", by Total Design Four, Inc. and authorizing the staff to prepare plans and specifications for the demolition of the building's superstructure. Mayor Jones reviewed the discussion conducted during the Workshop Meeting and summarized by stating that the Council wanted to approve this with the understanding that it will require about 30 days or more for the Staff to prepare specifications for demolition, and in the meantime, if a citizen comes up with a better idea, the Council will be glad to consider this. Council Member Berlanga inquired if the City would advertise for bids to replace Exposition Hall, and Mr. Martin stated that that is not a part of this motion. Council Member Berlanga stated that it was his understanding that the demolition would be delayed for 30 days and that the City would let people know that the City is open to suggestions from private enterprise. utes 4u1ar Council Meeting September 11, 1984 Page 15 Mayor Jones expressed the opinion that the news media would make people aware of that. Council Member Mendez stated that he understood that the people who approached him in regard to replacing Exposition Hall plan to submit a proposal to the City Council and he would be glad to make them aware of this possibility. Council Member Kennedy stated that he felt that the Council should establish a time limit for such proposals, and Council Member Brown suggested that the proposals be received no later than four weeks from today. Council Member McComb agreed that the Council should listen to any proposals and suggested that if people desired to make a proposal, that they contact City Secretary Bill Read to make arrangements to have a 30 -minute presentation during a Workshop Meeting. Mayor Jones called for comments from the audience on this item. Mr. David Saenz stated that he believed that if Exposition Hall is allowed to remain, it would outlive all of the existing Council Members. City Manager Martin clarified the motion by stating the amendment to item 25 is that the Council has authorized him to have the canopy removed and take other measures that might pose an immediate danger to citizens but the eventual demolition of Exposition Hall will be a long term decision. A motion was made by Council Member Kennedy that item 25 be approved with that understanding, seconded by Council Member Mendez and passed unanimously. 26. Approval of the Tax Roll Levy - City of Corpus Christi - for the Roll Year 1984 in accordance with Sec. 26.09(e) of the Texas Property Tax Code, which requires the assessor to submit the appraisal roll to the governing body for approval as the tax roll. City Manager Martin explained that this is just to certify the actual Tax Roll since the Council set the official tax rate the preceding week. A motion was made by Council Member Kennedy that item 26 be approved, seconded by Mayor Pro Tem Turner and passed unanimously. Mayor Jones called for consideration of Ordinance No. 27 from the Regular Agenda which appropriates $600,000 from the Water Bond Fund for expenses related to research, etc. lutes ,:gular Council Meeting September 11, 1984 Page 16 City Manager Martin explained that the City Staff will come back to the Council on a regular basis for funds for development of alternate water supplies. He stated that the Staff is suggesting that other projects be delayed in order to go forth with this urgent matter. There were no comments from the audience on this ordinance; City Secretary Read polled the Council for their votes; and the following ordinance was passed: 27. ORDINANCE NO. 18462: APPROPRIATING $600,000 FROM THE WATER BOND FUND FOR EXPENSES RELATED TO THE RESEARCH AND DEVELOPMENT OF ALTERNATE WATER SUPPLY, INCLUDING TEN OR MORE WATER PUMPS AND RELATED EQUIPMENT FOR USE ON VARIOUS WATER WELLS, CONSULTING AND LEGAL FEES AND THE LEASE OF LAND AND/OR WATER WELLS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, absent at the time the vote was taken. Council Member Mendez stated that he would like to introduce his brother, Mr. David Mendez, who was present in the audience. * * * * * * * * Mayor Jones announced the public hearing on the following street closing: 28. A 25 foot wide street easement located in Lot 7, Block 1, Carroll Place Unit 7, located on the north side of Holly Road, 400 feet west of the Carroll Lane intersection. The roadway is not improved nor used for any public street purpose. Assistant City Manager Lontos displayed a map showing the 25 -foot wide street easement that the applicant had requested to be closed and noted that they had also requested that the easement north of the tract be closed as well. He explained that the street does not exist; it does not serve any function; and the City has no future need for it; therefore, the Staff concurs with the closing of the 25 -foot street right-of-way, but the City objects to the closure of the utility easement because there is a need for it. He stated that the applicant is Mr. James Jackson. Council Member Brown pointed out that this is one of the paper streets and inquired as to who would receive the land as a result of the street closure. Mr. Lontos stated that it is not a dedicated street but it will go totally to Mr. Jackson since it is located on his property. rtes jular Council Meeting September 11, 1984 Page 17 No one spoke in regard to this street closing. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. Assistant City Manager Lontos explained that the first reading of the ordinance effecting this street closing will be on the agenda next week. * * * * * * * * Mayor Jones announced the public hearings on three zoning applications. 29. Application No. 784-21, Nueces County MHMR Community Center: for a change of zoning from "B-1" Neighborhood Business District and "A-2" Apartment House District to "B-4" General Business District on Lots 7 through 22 and 44 through 50, Block 1003, Fitchue Place Addition, located along the east side of Brownlee Boulevard and the west side of 12th Street, between McKenzie Street and Ayers Street. Assistant City Manager Tom Utter informed the Council that the City and the County own portions of this land and informed them that in response to the forty-three notices of the public hearing, eight in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting this zoning change and it passed as follows: 29. ORDINANCE NO. 18463: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES COUNTY MHMR COMMUNITY CENTER, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 7 THROUGH 22 AND 44 THROUGH 50, BLOCK 1003, FITCHUE PLACE ADDITION, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Mendez voting, "Aye"; Guerrero and Slavik, absent at the time the vote was taken. * * * * * * * * * * nutes :gular Council Meeting September 11, 1984 Page 18 30. Application No. 784-4, Memorial Medical Center: for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 4, 5, and 26, Block 4, Tierra Alta Subdivision, located between 22nd and 23rd Streets, approximately 150' north of Buford Street. Mr. Utter informed the Council that in response to the twenty-four notices of the public hearing, three in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit for an expanded parking lot be approved. He informed the Council that the Memorial Medical Center agrees with the special permit. No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: 30. ORDINANCE NO. 18465: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MEMORIAL MEDICAL CENTER BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT ON LOTS 4, 5, AND 26, BLOCK 4, TIERRA ALTA SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, and Mendez voting, "Aye", Guerrero and Slavik, absent at the time the vote was taken. * * * * * * * * * * 31. Amendments to the Zoning Ordinance: (a) Article 3, Section 3-1, Definitions: Amendment to add to the Definitions Section four new definitions as follows: 28.1 - Full Food Service; 52.2 - Restaurants with alcoholic beverages; 52.3 - Restaurants without alcoholic beverages; and 64.1 - Taverns, Lounges or Bars, to clarify the definitions of the aforementioned. (b) Article 7A, "T -1A" Travel Trailer Park District Regulations: Amend Article 7A, "T -1A" Travel Trailer Park District, Section 7A-2 Use Regulations to clarify Subsection 7A -2-15(e) to read "Drive-in restaurant, restaurants with or without alcoholic beverages, but excluding taverns, lounges and bars." utes jular Council Meeting September 11, 1984 Page 19 (c) Article 13, "B-1" Neighborhood Business District Regulations: Amending Article 13-2(8), Use Regulations, to include the phrase after the word restaurants "with or without alcoholic beverages but excluding taverns, lounges or bars." (d) Article 14, "B-2" Bayfront Business District Regulations: Amend Article 14, Section 14-2, Use Regulations, to clarify Subsection 14-2(14) to read "Restaurants with or without alcoholic beverages, tavern or club." (e) Article 15, "B-3" Business District Regulations: Amend Article 15, Section 15-2, Use Regulations, to state specifically "21) Taverns, Lounges or Bars." (f) Article 16, "B-4" General Business District Regulations: Amend Article 16, Section 16-2, Use Regulations, to state specifically "(21) Taverns, Lounges or Bars." (g) Article 26, Nonconforming Uses: Amend Article 6, adding a new Section 26-9 to read: "Existing taverns, lounges or bars located in the "B-1" Neighborhood Business District, which become nonconforming due to an ordinance amendment of the zoning district regulations section, shall be allowed to rebuild said structure if damaged or destroyed by fire or any natural disaster. Reconstruction must begin within 12 months and completed within 18 months from the first day of the disaster. Such use shall not be subject to Section 26-4, Destruction of a Nonconforming Use, but shall be subject to all other provisions of Article 26, Nonconforming Uses." Assistant City Manager Utter explained that the basic question was whether lounges, taverns or bars that do not basically serve food should have a separate zoning classification. He stated that the Staff had conducted a survey and there are twenty-nine lounges that are actually in operation that do not basically serve food and are located in "B-1" zoning. He explained that after studying the question and discussing it with the Planning Commission, the Planning Commission conducted a hearing at which all groups were present, including the owners of some of the taverns located in "B-1", members of neighborhoods where they are located, etc. He stated that during the public hearing, all parties had agreed to a compromise and the proposed amendment excludes taverns, lounges or bars from being allowed to operate in a "B-1" zoning district; the ones presently with permits and in operation would be allowed to continue in a non -conforming grandfather type situation. He explained that it would be a typical non -conforming use and further explained that the compromise includes the provision that if they were destroyed by natural disaster or fire, they would be allowed twelve months to begin reconstruction and an additional six months to complete reconstruction. He pointed out that if they were vacant for a year, they would no longer be allowed to operate as non -conforming use. He assured the Council that there would be no new permits issued in "B-1" zoning for this type of operation. lutes .gular Council Meeting September 11, 1984 Page 20 Mr. Utter continued by stating that after this compromise was reached, additional questions have come up about two of the businesses. He referred to one place of business called "Curley's" and stated that they have a building permit but they do not have a mixed beverage permit and if this ordinance is passed, as of this date, they would not be allowed to operate. Council Member Mendez stated that he is very much in favor of this but he is also concerned about the non -conforming uses in "R -1B" zoning in which a number of lounges and bars are open. He stated that he would like the situation for bars in "R -1B" zoning addressed also. Mr. Utter explained that the only way that a place of business could have a non -conforming use in "R -1B" zoning would be those that were in existence prior to annexation and this ordinance would have no effect on them. He stated, however, that if one of those places of business should be destroyed by fire, it could not be replaced under any circumstances. He stated that he would hesitate to include these types of bars in this ordinance because it has been the usual practice for businesses that are in operation at the time they are annexed are allowed to continue as non -conforming uses. Mr. Wenger suggested that it might be possible to set up an amortization period of possibly three or four years in a zoning district to eliminate them after that period of time. Mr. Utter explained to the Council that the Staff will be glad to prepare some research on that issue and present it to the Planning Commission for discussion. Council Member Mendez expressed the opinion that something should be done about those unfortunate situations in neighborhoods and he would like to speak in favor of pursuing that. Mr. Utter suggested that if this was a direction to the Staff, he might want to specify not only "R -1B" zoning but "R-2", "A-1" and "A-2" categories, and Mr. Mendez agreed. Mayor Jones stated that he would certainly support this also. Mayor Pro Tem Turner inquired if some of the existing businesses in "B-1" zoning that are basically lounges or bars could request a change of zoning, and Mr. Utter stated that they could ask for a change of zoning to "B-3" or "B-4". Mayor Jones inquired if this ordinance could later be amended to include the residential districts, and Mr. Utter stated that they could but pointed out that such a study will require approximately two months. Council Member Slavik inquired as to why they were going to allow a building destroyed by fire or natural disaster to be replaced, and Mr. Utter Lutes _gular Council Meeting September 11, 1984 Page 21 explained that these places of business have been in operation for many years and that was a compromise that was worked out to allow the twelve months/eighteen months for reconstruction. He pointed out that otherwise, the owners could not even get insurance. Council Member Berlanga inquired about small stores that sell beer and wine, and Mr. Utter explained that this ordinance refers to on -premise consumption and they are not allowed in "B-1" zoning. He explained that stores such as Maverick Market, etc., are only allowed to have off -premise consumption licenses. Council Member Berlanga stated that he was aware of several bars that are substandard structures and inquired if they would be allowed to make repairs. Mr. Utter explained that in "R -1B" zoning right now, if a bar is operating as non -conforming use and if that place of business is found to be substandard they would be allowed to improve their property if less than 50% of the structure is involved. He stated that if reconstruction constitutes more than 50% of the building, then they would cease to be allowed to operate. No one spoke in opposition to this text amendment. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance and it passed as follows: 31. ORDINANCE NO. 18466: AMENDING ARTICLE 3, DEFINITIONS, ARTICLE 13, "B-1" NEIGHBORHOOD BUSINESS DISTRICT, ARTICLE 15, "B-3" BUSINESS DISTRICT, AND ARTICLE 16, GENERAL BUSINESS DISTRICT, OF THE ZONING ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. David Saenz stated that in his opinion when the City Council listens to employees of the City instead of having them go through the Chief of Police or City Manager, he felt that this was interference with City Administration. He expressed the opinion that this type of situation should not exist and related the circumstances at the time this City was under the strong Council form of rtes _.:gular Council Meeting September 11, 1984 Page 22 government before the City Manager form of government was established. He explained that the graft and favoritism resulted in poor City operation and administration at that time and he was concerned when City Council Members became involved in a situation such as the issue of the size of guns to be issued when the Chief of Police recommended against the use of those guns. Mayor Jones thanked him for his appearance. Mrs. Martha Elliott, 6701 Sahara, stated that she wanted to publicly thank the Staff and the City Council for passing the amendments to the zoning ordinances pertaining to lounges and taverns because this resolved their special needs and the problems in their neighborhood. Also expressing appreciation was Mrs. explained that the bars located in "B-1" quoted statistics and provided case history establishments. She expressed appreciation ordinance but urged that something further occurs in such places of business. Barbara Lampert, 6801 Pharaoh. She zoning have a high crime rate and of crime that occurs in or near such to the City Council for passing this be done to prevent more crime that Mr. Alex Chapa, 4417 Bonner Street, referred to his zoning case which was considered by the City Council the preceding week and asked the City Council to reconsider their vote denying that zoning request. He briefly reviewed the zoning case, stating that he only wanted a special permit to construct an additional three units on his property. He reminded the Council that twenty-six notices of the public hearing were mailed and five in favor and five in opposition had been returned. He reminded the Council that both the Planning Commission and Planning Staff recommended that a special permit be approved to allow fifty units on his property; no one appeared in opposition; and the recommendation was unanimous for a special permit. He presented to the Council a site plan that was prepared two years ago when he received a special permit for the fifty units but was unable to start construction. He reiterated that they are only asking to construct three additional buildings and they can construct thirty-eight units in the existing zoning. He urged that the Council reconsider their vote last week to deny his request to build the additional twelve units. Mayor Jones explained that the only way that it could be reconsidered would be if a Member of the Council who voted to deny the case made a motion, had it seconded and passed to reconsider their decision. Mayor Jones stated that he has not checked with the attorneys about whether or not the Council could approve a special permit under those circumstances but it was his understanding that possibly, everyone who was notified before should be notified again and another public hearing should be scheduled and advertised if a motion is made to reconsider the case. .utes :gular Council Meeting September 11, 1984 Page 23 Council Member McComb stated that he voted to deny the request for the special permit but he did not intend to move for reconsideration because he understood that the feeling of the Council was that apartment zoning should not be located there because of the congestion on Carroll Lane and the schools in the vicinity. Council Member Guerrero pointed out that it would not be three additional units but actually twelve additional units. Mayor Jones noted that Mr. Chapa's other alternative would be to start the application procedure through the Planning Staff and the Planning Commission over again at a cost of a $200 fee. Mr. Chapa stated that if the Council would agree to reconsider the case then he would not have any problem in the City readvertising the hearing before the City Council and sending out notices. City Manager Martin stated that he believed that that was the way that it would have to be handled -- readvertise the hearing and go through the notification procedure, but unless the Council feels that they really made a mistake, he questioned this procedure because of the many cases that might request the same form of rehearing. He pointed out that although the Planning Commission recommended approval, the City Council unanimously denied it. He stated that he would like to point out to Mr. Chapa that even if he goes through the entire application procedure again and receives the same recommendation from the Planning Commission, he has no assurance that the Council would approve it then. Mr. Ernesto Guido, President of the Institute of Hispanic Cultures, stated that he would like to invite the Council to an event in connection with Independence Day on Friday at 7:30 p.m. at the Las Brizas Condominiums. Mr. Delbert Floyd addressed the Council and pointed out the need to conduct electrical inspections all over town. A motion was made by Council Member Kennedy that the Council convene in closed session to discuss personnel matters. The motion was seconded by Council Member Slavik and passed unanimously at 4:53 p.m. City Secretary Read stated that the Council was going into closed session under the authority of Article 6252-17 of V.A.C.S., on personnel matters. * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 5:00 p.m. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 5:00 p.m., September 11, 1984. * * * * * * * DZ/rr