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HomeMy WebLinkAboutMinutes City Council - 03/24/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 24, 1987 2:00 P.M. PRESENT Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Juan Sales of the El Buen Pastor United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Strong that the Minutes of the Regular Council Meeting of March 17, 1987 be approved as presented; seconded by Council Member Berlanga; and passed unanimously. Mayor Jones acknowledged Mrs. Barbara Schwamb of the Temple Bethel Sisterhood who presented a $1,000 check from them made payable to the Adaptive Programs, Park and Recreation Department. Mrs. Schwamb stated that Temple Bethel Sisterhood has maintained a "Service to the Blind Fund a Committee" which provides services to the blind and partially sighted in Corpus Christi. She stated that through the efforts of Ms. Barbara Lamb, Adaptive Programs Supervisor, Temple Bethel has doubled their usual donation and are very proud of this donation to help members of the community who are visually impaired. Mayor Jones acknowledged Ms. Barbara Lamb who stated that Adaptive Programs provides recreational services to the disabled. She stated that the donation from Temple Bethel Sisterhood will be used for weaving and cooking programs for the blind and to purchase equipment and supplies (non -expendable items) for these programs. MICROFILMED 9inutes Regular Council Meeting March 24, 1987 Page 2 Council Member David Berlanga read a resolution recognizing Edmund E. Mireles, a longtime resident of the City of Corpus Christi, who passed away on March 17, 1987. Mr. Berlanga stated he will present this resolution to the school board to be displayed in Mr. Mireles' honor. He commented that several people were instrumental in suggesting this resolution, one of them being Mr. Benny Benavides. Mayor Pro Tem Best stated that Mr. Mireles was a great man and will be greatly missed in our community. Mr. Manuel Cantu, Jr. of the Cantu Funeral Home, where the funeral services for Mr. Mireles were held, expressed his desire for a copy of the resolution so it can be displayed for the public in his funeral home. City Secretary Armando Chapa polled the Council for their votes; and the following resolution was passed: G.b. RESOLUTION NO. 19680 RECOGNIZING THE MANY ACCOMPLISHMENTS OF EDMUND E. MIRELES IN EDUCATION AND EXPRESSING THE CITY COUNCIL'S APPRECIATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Mayor Jones acknowledged Mr. Brad Lomax, coordinator of the Tourism Conference which will be held in Corpus Christi this year. Mr. Lomax stated that through the hard work of the people on his Steering Committee and with the help of Texas A&M University, this conference will be held May 6th through May 8th at the Hershey Hotel. He asked for the Council's support and enthusiasm for this project. He explained that the conference will be held for community leaders, local elected officials and people whose businesses depend on tourism, and it will provide them with an opportunity to learn how to develop tourism in their community. He stated there is a $95.00 registration fee and 185 people are needed to make it work. Mayor Jones expressed his appreciation to Mr. Lomax and his Steering Committee. Mayor Jones announced the bid opening on the repair and repainting of the water storage tanks at Alameda and Carmel Parkway and Flour Bluff Drive and Division Road. Mr. James K. Lontos, Assistant City Manager, stated that the proposals are designed so that the City has the option to award a contract for either one of the tanks or both to the same contractor, and the best combination of price is what is going to determine who receives the contract. Mr. Lontos then proceeded reading the bids from the following firms: D. Brothers, Inc.; Tenyer Coatings, Inc.; and Travis Industrial Painters. Mr. Lontos verified that all companies submitting bids had also submitted the required security bond. linutes Regular Council Meeting March 24, 1987 Page 3 Mayor Jones expressed appreciation to the bidders for submitting bids on the City projects. (The bids were tabled for forty-eight hours, pursuant to the requirements of the City charter, and referred to the Staff for tabulation and recommendation.) * * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions, Items 1 through 13. 1. M87-0111 Approval of specifications and authorization to receive bids for three polymer feed systems for the Wastewater Division. Funds were approved in the 1986-87 budget. 2. Withdrawn (See Page 5) ABprevel-aetlierkatt*iax-8e-ref-eine-bids for -sever -23 eeb#e-yeed-eeget4-ty-re€+rs-e-trueits—lkw- -he4-emil mei r Biv.kai rrr--FerBs-were egpreved-4e -the -1986-84-beidgety 3. M87-0112 Approval of specifications and authorization to receive bids for a supply agreement for janitorial supplies to be stocked in the Warehouse and used by all divisions. Funds were approved in the 1986-87 budget. 4. M87-0113 Approving plans and specifications to extend a gravity sanitary sewer trunkline in Bear Lane from Flato Road to an existing lift station at Junior Beck Drive, and bids for this project be received on April 14, 1987. 5. M87-0114 Authorizing the receipt of bids for the sale of a vacant lot located in the 2500 block of Sands Drive. This property was acquired on 04-12-76 (Ordinance No. 13098) in connection with Waldron Subdivision Sewer Laterals behind the Flour Bluff School. 6. M87-0115 Approving supply agreements for grass mowing service for the Water Division with Martinez Mowing, Corpus Christi Mowing, Bee Line Mowing, and R&M Maintenance for a .total of $26,404 based on low bid and best bid. The terms of these agreements will be twelve months with an 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. Funds were approved in the 1986-87 budget. 4inutes Regular Council Meeting March 24, 1987 Page 4 7. M87-0116 Approving the purchase of one tractor -towed fairway mower from Goldthwaites of Texas based on the low bid of $12,550. This mower will be used at Oso Beach Municipal Golf Course. Funds were approved in the 1986-87 budget. 8. M87-0117 Approving the purchase of a diesel powered trenching machine with trailer to Valley Ditch Witch, low bidder meeting specifications for $30,579. Funds were approved in the 1986-87 budget. 9. M87-0118 Approving agreements with the U.S. Navy and the Texas -Mexican Railroad Company relating to the construction of the offsite drainage system for the Blanche Moore Tract across the U.S. Navy Railroad right-of-way. 10. M87-0119 Awarding a contract in the amount of $148,015.10 to King Construction Company, Inc. for the construction of the Flour Bluff Fishing Pier. 11. M87-0120 Approving the assignment of the Engineering Contract between the City and Etheridge Engineering, Inc. to S.A. Garza Engineers, Inc. of Austin for the IH 37 Utilities Relocation Project. 12. M87-0121 Authorizing the establishment of a sinking fund for the repayment of Choke Canyon Dam debt. 13. M87-0122 Scheduling a public hearing on April 28, 1987, on a proposed amendment to the Corpus Christi Urban Transportation Plan to remove the extension of Mustang Trail from South Staples Street to South Padre Island Drive. Mayor Jones referred to Item No. 2 - Refuse Trucks referring to an attachment regarding cabs, chassis, brakes and tires. He inquired as to how these specifications were developed and how competition in the bidding is ensured. In answer to the the Mayor's question, City Manager Craig McDowell stated that the Purchasing Department, in looking at the specs, tries to make them as generic as they can. 9inutes Regular Council Meeting March 24, 1987 Page 5 Mayor Jones requested a report back to the Council on how the specifications ensure competition because he didn't believe it is the City's intent to limit the competition. Assistant City Manager, Juan Garza, stated a certain type of equipment on many of our heavier trucks is standardized because of already being in our fleet. He explained it does prohibit others from submitting a bid but that it saves the City money for parts and training. He stated that the spec does not limit it to a Ford Motor Company chassis on cabs, and that it is just a class of style offered for clarification. City Manager McDowell recommended withdrawing Item No. 2 until a report is given to the Council, and the item was withdrawn. Council Member Slavik had a question on Item No. 10, Item 11 and Item 12. On Item 10 she inquired about the completion date of the Flour Bluff fishing pier. On Item 11 she inquired what the time frame was on the assignment of the engineering contract from Etheridge Engineering, Inc. to S. A. Garza Engineers, Inc. In answer to her question on Item No. 11, Assistant City Manager Lontos stated that it is an ongoing project involving the Calallen interchange. He stated that Etheridge Engineering had the contract and it was transferred to S. A. Garza because the two companies merged, and that Etheridge will continue as engineers on the project. On Item No. 12 in reference to the Choke Canyon sinking fund, Council Member Slavik inquired that if the fund was set up, if our water rates could be lowered in the future or discontinue increasing them 5 percent a year. In answer to Mrs. Slavik's question, City Manager McDowell responded by stating the City Council agreed to raise the rates five percent a year to pay off the Choke Canyon debt based on the original schedule which had a very low payment for the first several years. He stated that the rates were not raised this year pending working this particular schedule out and if the sinking fund was set up, it would have to be reviewed in future years to determine if a rate increase is necessary. He stated that the sinking fund would allow us to accumulate interest and have a level debt of $3.2 million for the next several years, and in the process save us about $56 million. Council Member Slavik inquired if $10.1 million is in the water fund and if we are now setting aside $3.2 million. Assistant City Manager Garza stated that the water fund had a net income of a little over $10 million last year. All but about $3.8 million was used for projects that the water fund completed during that year. On a cost basis there is $3.6 to $3.8 million net, after operations and capital improvements, in the fund. linutes Regular Council Meeting March 24, 1987 Page 6 In answer to Mrs. Slavik's question regarding $3.2 million, Mr. Garza stated we are looking at eventually having to make payments well in excess of $6 million a year for Choke Canyon. He estimated that the overall cost is going to be $3 million to $75 million. He stated the good part of the Choke Canyon debt is that it is with the Bureau of Reclamation and they have given us a very good rate of 5.116 percent and it would be foolish for us to pay the debt off because we can earn more interest on our money then we are having to pay out. He stated there are some alternatives and one is to pay off the debt as the debt service calls for, or begin setting money aside to handle those debt service payments now or at some point when it is advantageous to do that. He stated there is an opportunity right now because the water fund is strong to begin the sinking fund at this time. The only thing to worry about is if someone were tempted to use that money in the future once it has accumulated. Council Member Slavik asked if we could look at the situation at budget time to see if we could reduce the water rates. City Manager McDowell stated it could be considered, but he would not recommend reducing the rates because reducing the rates would not provide the cash flow necessary to make the sinking fund payments plus the other things that need to be done. He stated that the sinking fund is set up and predicated on the rates that are coming in today, and it can be looked at on a yearly basis. City Manager McDowell responded to another question from Mrs. Slavik stating that we are fortunate now to be able to handle the sinking fund with our current revenue flow. This does not include major capital improvements and expansion to the water system that are going to have to be made in the next several years. Mr. McDowell further stated the Staff is looking at our normal capital improvement program but is also looking at a long range infrastructure improvement and expansion program to the water system which is an independent issue which will have to be examined in future years and which will be paid out of water revenues. Mayor Jones stated this is an extremely complex area and inquired if it would be advantageous to have an accounting firm evaluate this plan. City Manager McDowell stated the Council should set the policy when the sinking fund is established, assuring that it is for that purpose only and not to be utilized for something else. Assistant City Manager Garza stated he did submit the plan to M.E. Allison and Co. for their review; they came back with a favorable response; and a report will be submitted to the Council. Council Member Leo Guerrero referred to Item No. 13 in reference to Mustang Trail. He stated the Mustang Trail extension is on the Urban Transportation Plan now, and that the Council has reconsidered the extension of it three times and all three times have denied it. He questioned the need for the public hearing. finutes Regular Council Meeting March 24, 1987 Page 7 City Manager Craig McDowell stated the Council has indicated they do not want this project to be further considered and have requested that the Master Transportation Plan be amended to remove Mustang Trail from the plan. He further stated it has to go through the Planning Commission for a public hearing; then to the City Council for a hearing, and that the Planning Commission does not want to remove it from the plan. Mr. McDowell also noted that the public hearing has to be held in order for the Council to vote to delete it from the plan. Council Member Guerrero requested information regarding how Mustang Trail will tie in with the Blanche Moore development, and Assistant City Manager Lontos stated that the information will be given to the Council before the public hearing on April 28th. Council Member Mendez spoke on Item No. 12 regarding the Choke Canyon Sinking Fund. He expressed his concern that the debt service payment would not exceed the $3.25 million over the life of the agreement. City Manager McDowell responded by stating if the sinking fund were set up according to Mr. Garza's outline, $3.25 million would be added each year for forty years. In response to Council Member Slavik's previous questions on Items 10 and 11, Assistant City Manager Lontos stated that the timetable for the Flour Bluff Fishing Pier is 45 working days, and the time frame on the assignment of the engineering contract from Etheridge Engineering Inc. is about a year. Mayor Jones called for comments from the audience on the Consent Motions, and there was no response. A motion was made by Council Member Guerrero that Consent Motions 1 through 13, with the exception of Item No. 2 which was withdrawn, be approved. The motion was seconded by Council Member Strong and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting, "Aye"; Pruet abstaining on Item No. 4. Mayor Jones called for consideration of Consent Ordinances 14 through 17 and stated he had a question on Item No. 16 regarding the condemnation award in connection with the McNorton Drainage Outfall. He inquired in which court the case was held. City Attorney Hal George responded by stating condemnation cases are filed in the county court of law, and this was an award of a special commission. City Manager Craig McDowell noted that Item No. 14 was withdrawn for the purpose of allowing Staff to continue work on this item. There were no comments from the audience on the Consent Ordinances. inutes Regular Council Meeting March 24, 1987 Page 8 City Secretary Armando Chapa polled the Council for their votes and the following Ordinances were passed: 14. Withdrawn (See Page 7) Adept4ng--e•--reso1-et4rof--4e--strpperE-v4--IIou.se -B}}}--2-1$2---re}et4ng--tt--the eperetlee-e€-the-Gerestrephe-Preperey-lesnreeee-Peel: 15. ORDINANCE NO. 19681 AUTHORIZING THE ACQUISITION OF A UTILITY EASEMENT IN CONNECTION WITH THE PADRE ISLAND NOS. 1 AND 2 SANITARY SEWER, PROJECT NO. 250-82-10.1; APPROPRIATING $3,100; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 16. ORDINANCE NO. 19682 APPROPRIATING $103,868 FROM THE 511 STORM SEWER BOND FUND FOR THE ACQUISITION OF PARCEL 2 BY CONDEMNATION FOR THE McNORTON DRAINAGE OUTFALL PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." 17. FIRST READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE SOUTHSIDE YOUTH SPORTS COMPLEX, INC., FOR THE LEASING OF TWO PARCELS OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A YOUTH BASEBALL PROGRAM. The Ordinance was passed on its First Reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye." Mayor Jones announced public hearings on two zoning applications. * * * * * * * * * * * * * 18. 187-4, Mr. Daniel Dalrymple: For a change of zoning from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Lots 4, 5, and 6, Block 8, Bayview No. 2, located on the west side of Brownlee Boulevard. linutes Regular Council Meeting March 24, 1987 Page 9 Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that in response to the 28 notices mailed to property owners within a 200' radius, nine in favor and one in opposition had been returned. Additionally, three were returned in favor from outside the area. He stated that the Planning Commission's recommendation is denial, but in lieu thereof, grant a special permit for a convenience store on a portion of the property in accordance with the site plan submitted and subject to replatting. He stated the Planning Staff recommends denial. He stated that the applicant is requesting the zoning change in order to construct a convenience store on the subject property; lot 6 of the subject property is currently occupied by a duplex; and the property fronts on Brownlee Boulevard between Buford and Craig Streets. The adjacent zoning consists of "R-2" Multiple Dwelling District in all directions. The adjacent land use consists of a single-family home to the north and south, single-family homes and vacant lot to the east, and single family homes and a duplex to the west. A rezoning request from "R-2" to "B-1" on Lots 4 and 5 was denied, and in lieu thereof, a special permit was granted for a grocery store in September of 1966. The special permit expired since construction of the grocery store did not commence within a year. Mr. Wenger stated that the granting of the requested zoning would be an intrusion into a residential area. He stated the requested zoning would be inappropriate located midway within a block fronting on a collector street. He explained if the requested business zoning is granted at this location, additional similar rezoning requests along Brownlee will most likely follow. Mayor Jones called for comments from the audience. The applicant, Mr. Daniel Dalrymple, stated he was told that the Planning Commission wouldn't recommend the change because he didn't have the 100' frontage. He stated he has taken care of that by getting the land replatted so that he will have the required frontage. He pointed out that he was told he could only have one driveway for the entrance and exit for the store. He explained he will operate the store himself for approximately 12 hours a day. He stated he checked with his neighbors who are in favor of the idea, except for one woman who owns a grocery store on Craig. Be commented that he did receive a special permit from the City Council a few years ago but didn't build the store then and recently found out that the special permit had expired. Council Member Mendez expressed his concern about the store being in the middle of a residential area; he has spoken with the neighbors, and they are in conformance with the plan. He then made a motion that the hearing be closed, and that the Council concur with the recommendation of the Planning Commission to grant a Special Permit in accordance with the approved site plan. linutes Regular Council Meeting March 24, 1987 Page 10 Council Member Guerrero expressed his concern about how the atmosphere of the neighborhood will be changed by the sale of alcoholic beverages and liquor. He suggested that as part of the special permit, no alcoholic beverages be sold in this operation if it is agreeable with the owner. After further discussion, Mr. Dalrymple stated he would strictly sell alcohol only for off -premise consumption. Mayor Pro Tem Best made a motion that the hearing be closed; seconded by Council Member Mendez and passed unanimously. Council Member Mendez made a motion that the Council proceed with the Planning Commission's recommendation to allow a special permit with only off premise sale of alcoholic beverages; the motion was seconded by Mayor Pro Tem Best; and the following vote was taken: Best, Berlanga, Mendez, Pruet, Slavik and Strong voting, "Aye," Jones, Guerrero and McComb voting, "No." Mr. Wenger presented the next zoning application. 19. 287-4, Mr. Abel Chapa: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lots 3 and 4, Block 1, Vogart Addition, located on the east side of Mohawk Street, approximately 100 feet south of Morgan Avenue. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that in response to the 16 notices mailed to property owners within a 200' radius, six in favor and one in opposition had been returned. He stated the applicant is requesting a zoning change to manufacture tortillas for wholesale distribution for other outlets. The current zoning currently allows for retail sale of tortillas, but no manufacturing. He stated that the property is currently owned by Nueces County MHMR. He stated the adjacent zoning consists of "B-4" General Business District to the north, east, and west, and "R -1B" One -family Dwelling District to the south. He noted the adjacent land use consists of a commercial use to the north and east, a vacant lot to the south, and a commercial building and an illegal light industrial use to the west, and the property fronts on Mohawk Street, which is classified as a local street. Mr. Wenger stated it is the opinion of the Planning Commission and Staff that "I-2" zoning in this location adjacent to a residential area would be inappropriate because the requested zoning and proposed use could have a detrimental effect on the residential area to the south. Both the Planning Commission and the Planning Staff recommend denial. After discussing the situation, Council Member Guerrero made a motion to approve the application as a special permit; the motion was seconded by Council Member Pruet. 3nutes Regular Council Meeting March 24, 1987 Page 11 Mayor Jones called for comments from the audience. The applicant, Mr. Abel Chapa, appeared and stated he is the owner and founder of Chapita Foods which has been in existence for the past 16 years. He stated his company manufactures Mexican food products and moved from their previous location on Ayers Street because Del Mar College needed the property for expansion. He displayed slides of his operation and read an excerpt from Article 16, B-4 from the General Business District Regulations. He stated his building is 4100 square feet and is not in any violation because it is under the 6,000 square foot building coverage. Mayor Pro Tem Best made a motion that the hearing be closed; seconded by Council Member Mendez. On the motion to grant a special permit, subject to an acceptable site plan for the tortilla manufacturing operation, made by Council Member Guerrero; seconded by Mayor Pro Tem Best; the following vote was taken: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting, "Aye"; Strong absent at the time the vote was taken. * * * * * * * * * * * * * City Manager McDowell reported receiving a call from the City Manager of Port Aransas requesting help with an ambulance while theirs is being repaired. He stated we have loaned them one of our excess ambulances for a few days. Mr. McDowell announced the appointment of Mrs. Cynthia Garcia who will be the Director of Minority Recruiters. He stated she is currently with the Austin Travis County HHMR and will begin with the City in mid-May. Mr. McDowell stated that Chief Banner will be retiring at the end of the month, and he has appointed Chief Kenneth Bung on an interim basis to act as the Acting Chief of Police. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. J. H. Kinard, 4629 Donegal Drive, stated he presented a paper on March 5th to the Council concerning the problems of pornography and obscenity in Corpus Christi, along with five recommendations. He stated he received a reply, but the Council has confused hi.E letter with another presentation. He stated he has been speaking with the County Attorney and people in the Justice Department concerning this problem and requested that the Council again read over his proposal, especially the five points that he recommends, and reconsider the proposal. Mr. Ernest Saenz, 2818 Prescott, spoke on the pornography and obscenity in the City. He passed around clippings from the newspaper displaying indecent advertising. :inutes Regular Council Meeting March 24, 1987 Page 12 Mayor Jones requested a brief report to the Council on the basic nature of the law and what is being done in our community in reference to the foregoing problem. City Attorney George explained this is an extremely difficult area to get compliance in. He stated that something can't be prohibited just because it deals with something someone doesn't like; it can be restricted to a certain area but there are some limitations. He explained that a zoning district can be enacted. He further stated in order to give the Council a definitive report as to exactly what can and cannot be done will take the kind of research that was done on the drug testing program, and a report will be forthcoming. There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Pruet and passed unanimously, the meeting was adjourned at 4:13 p.m. on March 24, 1987. 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 March 24, 1987, which were approved by the City Council on March 31, 1987. WITNESSETH MY HAND AND SEAL, this the I '1 day of ( _pM J � /' g? . Armando Chapa, City Secreta City of Corpus Christi, Texas