HomeMy WebLinkAboutMinutes City Council - 04/18/1989PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Mary Rhodes
Frank Schwing
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 18, 1989
2:00 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by a Missionary, Evan Henderson, following which
the Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Pro Tem Clif Moss.
City Secretary 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 Mary Rhodes to excuse Mayor Turner's
absence from the April 11, 1989 Council Meeting because she was in Austin at a
meeting with the Governor. The motion was seconded by Council Member David
Berlanga and passed unanimously.
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of April 11, 1989, and Council Member McComb indicated a correction on
Page 7 in regard to the Westside Wastewater Treatment Plant, and Council Member
Rhodes noted a correction on Page 13 in regard to her vote on the motion for
Council Members receiving a car allowance. Mayor Turner then proclaimed the
Minutes approved as amended.
Mayor Turner referred to the Board and Committee appointments and the
following appointments were made by the Council:
Council Liaisons to the City's Advisory Committees - (M89-0097)
Ambulance Advisory Council - Council Member Joe McComb
MICROFILMED
Minutes
Regular Council Meeting
April 18, 1989
Page 2
Animal Control Advisory Committee - Council Member Tom Hunt
Building Code Board of Appeals - Council Member Joe McComb
Building Standards Board - Council Member Joe McComb
Oil & Gas Advisory Committee - Council Member Clif Moss
Sister City Committee - Council Member Frank Schwing
Nueces County Community Action Agency - (M89-0098)
Council Member Ed Martin - Represented by Carlos Valdez
Board of Reinvestment Zone No. 1 - (1489-0099)
Council Member Joe McComb
The issue of the appointments of the Board of Directors of the Corpus
Christi Housing Finance Corporation, the Corpus Christi Health Facilities
Development Corporation and the Corpus Christi Industrial Development
Corporation were discussed by the Council, and a motion was made by Council
Member Ed Martin to appoint the Council Members to the Board of Director
positions. The motion was seconded by Mayor Pro Tem Moss and passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Punt, Martin, McComb and
Schwing voting, "Aye"; Rhodes voting, "No." (1489-0100)
* * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 10.
Relative to Item No. 1 on approving a supply agreement for fire hydrants,
Council Member Martin inquired about the number of fire hydrants the City is
buying, and City Manager Garza indicated that the City is buying about 99 fire
hydrants based on the average price.
Relative to Item No. 2 on the O. N. Stevens Plant improvements, Council
Member Martin inquired if the money for these improvements will stay locally and
if the contract is just for the study, and City Manager Garza responded by
stating that forty percent of the contract will stay in Corpus Christi; that the
contract is not just for the study; and that there is some engineering.
Council Member Martin suggested that on engineering and architectural type
contracts, where the Council has total discretion, one of the criteria used in
evaluating be that the amount of the funds will be paid locally.
So that the Council can have a clearer picture, Mayor Turner
the work be broken down as to what is being done locally and what
town.
Carl Crull, Engineering Services Director, indicated that
piping and hydraulic analysis of the plant will be done by the
suggested that
is done out of
the structural
Archie Walker
Minutes
Regular Council Meeting
April 18, 1989
Page 3
Engineering Company. He indicated that the firm of Camp, Dresser and McKee,
Inc. will assist the Archie Walker Company, noting that they have experience in
the plant process itself. Mr. Crull stated that this is a preliminary phase
study; he briefly elaborated on the study; and stated that there will be an
amendment to the contract to do the actual design work for the filters, the
piping and structural modifications which are necessary.
Discussion followed and Mr. Crull stated that the partnerships of the two
firms allow the local entities, if they are not familiar with certain
technology, to become familiar and grow in themselves where they do have the
confidence in that particular area. Mr. Crull indicated that in the City's
cover letter for the RFP, it is specified that participation of local firms is a
criteria when evaluating the City's proposals.
City Manager Garza pointed out that this is an opportunity the City has to
exercise bi-local participation without running into a lot of obstacles.
Council Member Martin noted that the City can require a cost estimate up
front. He stated that the companies should be requested to submit an estimate
of their cost as part of the original bid.
Relative to Item No. 3 on the engineering services facility, Mayor Turner
inquired about the principals of the firm, and City Manager Garza responded by
stating that they are local residents; Mr. Gignac has worked in the City for
some time; and he has been in business one year.
Mayor Turner expressed concern, stating that various local companies have
been waiting a long time for City work, and Engineering Services Director, Carl
Crull, elaborated on the background of Gignac and Associates, noting that they
have several architectural contracts in the area and with the Navy.
Mayor Pro Tem Moss inquired when the bonds will be sold and asked the cost
of the project, and City Manager Garza indicated that after the Council Meeting,
there will be a workshop on the Capital Improvements Program relative to the
City's ability to finance a new sale. He stated that the City cannot afford a
new bond sale without the following things happening: 1. finding room in the
budget to create the financing capacity; 2. increasing revenues going into the
debt service fund; and 3. getting into the debt service reserves.
Mr. Moss inquired about the construction cost of the project, and City
Manager Garza responded by stating about $430,000.
Relative to Item No. 4 on the submission of grant applications to the
Criminal Justice Division of the State of Texas, Council Member Berlanga
inquired about the amount of money allocated for D.A.R.E. and about the
statement, "CCISD provides additional support funding as needed."
City Manager Garza indicated that CCISD is committed to funding and that
the City provides most of the materials.
Minutes
Regular Council Meeting
April 18, 1989
Page 4
Chief of Police, Robert Olson, stated that the school district does a lot
of in-kind work necessary to the total program. He indicated that the school
district and the City furnish money to schools. Mr. Olson stated that the
City's money is from the drug fund and pays the matching necessary
accompaniments that go with the program.
Mayor Pro Tem Moss inquired if the City has drug monies from the results of
raids, and Chief Olson replied in the affirmative.
Council Member McComb referred to the name of the Nueces County Organized
Crime Control Unit and asked about the definition of the in-kind sum contributed
by the City, and Chief Olson stated that the name goes with the responsibility
of the units and its authority to act within the total county, as opposed to
just within the City limits. He stated that the Unit has the ability to travel
outside the City limits and that the entire unit is directly under the Chief of
Police.
Council Member Rhodes expressed the opinion that the D.A.R.E. Program is an
excellent program. She stated that she would like to see the confiscated drug
money the City has go into this program, and Chief Olson noted that the D.A.R.E.
Program is all over the nation and is a long-term program.
Relative to Item No. 5 on the final action on zoning application No. 389-2,
Ariel A. Garcia: "AB" to "8-1," Council Member Martin expressed concern
regarding this item, stating that the previous Council already held the hearing
and the Ordinance is now being brought to the new Council. Mr. Martin stated
that he would like to hear the entire hearing. He indicated that it appears to
be spot zoning and that he did not understand why a special permit would not
work.
Discussion followed and various Council Members expressed the desire to
conduct the hearing again, and Council Member Guerrero suggested also that the
Herndon case be brought back before the Council because Mr. Herndon has not
complied with the Council's recommendations.
The applicant, Mr. Ariel Garcia, expressed the desire to conduct his
presentation but requested a few minutes to get it together.
Relative to the Herndon case, City Manager Garza stated that staff will
check into the matter and report to the Council about the enforcement measures.
Mayor Turner called for consideration of Items 6 and 7 on the Use Privilege
Agreements with Guy Allison to allow the installation of 15 canopies and with
The Lakes Master Association to allow the installation and maintenance of
underground cables, conduits and an existing sprinkler system.
Council Member McComb questioned the purpose of charging a person for
putting up canopies if he is going to improve the neighborhood. He asked that
If a neighborhood association is trying to improve the neighborhood by putting
Minutes
Regular Council Meeting
April 18, 1989
Page 5
in a sprinkler system, why is the City charging them a fee to go under the
street. Mr. McComb stated that he does not understand the rationale because it
appears as if the City is throwing roadblocks against making improvements.
City Manager Garza explained that the City is trying to recover
administrative fees, and Carl Crull, Engineering Services Director, explained
the concept of the charges for the use of the City's public right-of-way,
indicating that these fees are a judgment call on the City's part.
Mayor Turner expressed concern and
the area, noting that the City is
involvement. She expressed the opinion
relative to private sector improvements.
stated that these are improvements to
trying to encourage private sector
that the Council should adopt a policy
Council Member Rhodes stated that these improvements are good for the City
noting that the City has to recruit money for staff projects. She stated that
this is a tight budget year and not the time to start waiving fees. Mrs. Rhodes
indicated that the City should encourage private development.
Discussion followed and City Manager Garza stated that this is
that the Council should decide. He stated that the practice has been
City charges, and if the Council wishes to discontinue charging, that
decision. He stated that it is a judgment call with some consideration
the amount of time that was spent on the project.
Relative to Item No. 9 on the street closure request - Burton Lane - Lot 3,
Block 3, Moore Plaza, Council Member Martin pointed out that the City is closing
the street and not charging a fee.
Council Member McComb inquired about the normal procedure on closing
streets, and Engineering Services Director, Carl Crull, responded by stating
that if the street is dedicated and has no improvements, there is no fee; if the
street is dedicated and improved, there is an appraisal of fair market value
which is charged. Mr. Crull provided background information on the
recommendation for the street closure request on Burton Lane.
There were no comments from the audience on the above items.
City Secretary Chapa polled the Council for their votes and the following
passed:
M89-0101
an issue
that the
is their
given to
were
Motion approving a supply agreement for fire hydrants to International
Supply based on low bid for a total of $42,891.25. The term of the
contract will be for twelve months with option to extend for an additional
twelve months subject to the approval of the supplier and the City Manager
or his designee. The hydrants will be used by the Water Department.
Minutes
Regular Council Meeting
April 18, 1989
Page 6
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
M89-0102
Motion approving a contract for engineering services with Archie Walker
Engineering Company in the amount of $115,000 to perform preliminary phase
studies for future improvements to the O. N. Stevens Water Treatment Plant
including rehabilitation of the filters constructed with the original
plant.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
3. M89-0103
Motion approving an agreement with Gignac and Associates in the amount of
$33,880 for architectural services for the Engineering Services Facility.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero absent at
the time the vote was taken.
4. RESOLUTION NO. 20648
AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS TO THE CRIMINAL JUSTICE
DIVISION OF THE STATE OF TEXAS FOR THE NUECES COUNTY ORGANIZED CRIME
CONTROL UNIT AND DRUG ABUSE RESISTANCE EDUCATION.
The foregoing Resolution passed by the following vote: Turner, Moss,
Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye"; Guerrero
absent at the time the vote was taken.
6. FIRST READING
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH GUY ALLISON TO
ALLOW THE INSTALLATION OF 15 BUILDING CANOPIES ABOVE THE PUBLIC
RIGHTS-OF-WAY OF LEOPARD AND ARTESIAN STREETS.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
7. FIRST READING
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH THE LAKES
MASTER ASSOCIATION, INC. TO ALLOW THE INSTALLATION OF UNDERGROUND CABLES,
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Regular Council Meeting
April 18, 1989
Page 7
CONDUITS AND AN EXISTING SPRINKLER SYSTEM WITHIN THE PUBLIC
YORKTOWN BOULEVARD FOR A FEE OF $300.
The foregoing Ordinance passed on first reading by the
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and
"Aye"; Guerrero absent at the time the vote was taken.
8. FIRST READING
AMENDING THE CITY CODE, CHAPTER 38, PEDDLERS, VENDORS, ITINERANT MERCHANTS
AND SOLICITORS, SECTION 38-13, PERMITS - DENIAL OR REVOCATION, TO INCLUDE
VIOLATION OF ANY STATE STATUTE OR FEDERAL LAW OR THE APPLICANT HAVING TWO
OR MORE PERMITS REVOKED IN THE PRECEDING CALENDAR YEAR BECAUSE OF FRAUD OR
MISREPRESENTATION AS GROUNDS FOR DENIAL OR REVOCATION OF A CITY PERMIT;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
RIGHT-OF-WAY OF
following vote:
Schwing voting,
9. FIRST READING
CLOSING AND ABANDONING THE 35 FOOT LONG BY 60 FOOT WIDE STUBOUT PORTION OF
BURTON LANE IN LOT 3, BLOCK 3, MOORE PLAZA; PROVIDING FOR REPLATTING.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
10. SECOND READING
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING
ARTICLE 5, "R -1A" ONE -FAMILY DWELLING DISTRICT REGULATIONS, SECTION 5-2,
USE REGULATIONS, BY ADDING A NEW PARAGRAPH (4); AMENDING ARTICLE 8A, "A -1A
APARTMENT HOUSE DISTRICT REGULATIONS, SECTION 8 A-2, USE REGULATIONS BY
ADDING A NEW PARAGRAPH (5); AMENDING ARTICLE 26, NONCONFORMING USES,
SECTION 26-11; AND DECLARING AN EMERGENCY.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Moss, Berlanga, Hunt, Martin, McComb, Rhodes and Schwing voting,
"Aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 11 relative to the
Meadows Foundation Grant.
Mr. Tom Henderson, President of the Friends of the Corpus Christi Museum,
provided an update on the construction of the new wing for the museum and the
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Regular Council Meeting
April 18, 1989
Page 8
status of the Discovery Campaign. Mr. Henderson commented on the grant from the
Meadows Foundatior and introduced people who have been involved in the project.
He expressed appreciation to everyone involved and stated that they cannot
commit to contract for the purchase of materials for fabrication unless they see
the dollars in hand or materially pledged.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
11. M89-0104
Motion approving a grant contract with The Meadows Foundation for a
$200,000 grant to support construction of the Spanish Shipwreck Exhibit at
the Corpus Christi Museum.
The foregoing motion passed by the following vote: Turner, Moss, Berlanga,
Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * *
Mayor Turner opened the public hearing on Amendments to the platting
ordinance relative to public educational facilities and indicated that both the
Planning Commission and Planning Staff recommend approval of the amendments.
City Manager Garza stated that the proposal has been reviewed by the school
districts and they are in support of the recommendation.
Dr. Sue Nelson, representing Tuloso Midway School District, indicated that
this is an important exemption for the school district because school districts
are tax supported entities. She indicated that when the City charges school
districts pro rata fees on existing sites, they are double -taxing their patrons.
Dr. Nelson presented resolutions signed by each of the five school districts in
Corpus Christi asking that the City exempt school districts from the pro rata
fees.
Council Member Martin spoke in support of this proposal and stated that the
governmental units should all get together.
Council Member Guerrero indicated that the City is going to have to expect
more from the school district than they have been getting in the past. He
expressed concern, stating that millions of dollars have been left on the table
in the past and future and if someone doe not pick up the slack, the people who
were not double -taxed for these fees are still the people who are going to be
retaxed to make up the difference.
Mr. Guerrero continued by stating that there are other school districts
that the City shares crossing guards, latchkey programs, etc., and that these
school districts will not cooperate with the City unless a mandate is put on
what the City has done and what monies are expected from them. Mr. Guerrero
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Regular Council Meeting
April 18, 1989
Page 9
stated that if there is going to be a spirit of cooperation, it needs to be a
very public spirit of cooperation.
A motion was made by Council Member Martin to close the public hearing;
seconded by Council Member Berlanga and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
12. ORDINANCE NO. 20649
AMENDING THE PLATTING ORDINANCE BY PROVIDING FOR THE EXEMPTION OF PUBLIC
EDUCATIONAL FACILITIES FROM THE PAYMENT OF ACREAGE, LOT, PRO RATA, AND
CERTAIN OTHER PLAT SUBMISSION FEES; PROVIDING FOR THE ISSUANCE OF BUILDING
PERMITS AND CONDITIONS FOR APPROVAL OF PLATS SUBMITTED BY GOVERNMENTAL
ENTITIES; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb,
Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner declared a five-minute recess and reconvened the Council
Meeting at 3:40 p.m.
Mayor Turner called for consideration of Item No. 5 relative to the Final
Action on Zoning Application No. 389-2, Ariel A. Garcia: "AB" to "B-1."
City Planner, Alice Terrall, presented slides of the subject property and
the immediate vicinity.
Planning Director, Brandol Harvey, provided background information on the
application, stating that the property is currently zoned "AB" and abuts a
single family subdivision and McArdle Road. He explained the request and stated
that the City's zoning ordinance does not specifically address a brake or
muffler shop. Mr. Harvey elaborated on comparisons in the area. He stated that
the area is in transition from single-family to business type uses, and the
Council and Planning Commission have established that the area should transition
to professional offices, as opposed to retail and higher intensity commercial.
He presented some background on the property in the area and stated that the
Planning Commission did indicate that they might be more receptive to "B-1"
lower intensity uses under a special permit.
In answer to a question from Council Member Martin, Mr. Harvey stated that
a "B-1" special permit was appropriate as opposed to a "B-4" special permit. He
stated that this type of use is more akin to a heavy commercial use and more
akin to tire sales and service which the City's zoning ordinance considers as a
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Regular Council Meeting
April 18, 1989
Page 10
use. He noted, however, that brake and muffler shops have been allowed in
the City's "B-1" districts.
Council Member Martin pointed out that the application is for "B-1" zoning
and he commented about the requirements. Mr. Harvey stated that all of the
requirements have to be met on the property, noting that the entire property is
subject to conditions. Mr. Martin asked if the brake and muffler work can take
place outside the building, and Mr. Harvey responded by stating that currently
the zoning ordinance does not make distinction between inside and outside work,
noting that if it were the intent of the Council to limit it, it could be
specified. Mr. Harvey indicated that the ordinance is not specific; the intent
is to be incurred as only inside; but it could be argued. He stated that the
City ordinance does not prohibit repairing mufflers in the yard.
Discussion followed and Council Member McComb inquired about the different
uses which go into "B-1" and Mr. Harvey elaborated on the different uses.
Mr. Ariel Garcia, the applicant, 5114 Bromley, explained his goals for the
subject property, stating that he will not do any major automotive repair or
body work. He stated that he was not prepared at the Planning Commission
meeting, but feels that he would have gotten the special permit if he had been
better prepared. He stated that he has checked and people in the neighborhood,
except for one, are not opposed to his application. Mr. Garcia commented on the
slides and presented a brief history of the property in the area, elaborating on
the different uses. Mr. Garcia stated that the current zoning is inappropriate,
stating that he is not asking for anything special.
Council Member Rhodes stated that the Council should look at the entire
picture, noting that what is being discussed is putting a heavy industrial use
In a residential section. She mentioned the traffic problems in the area and
noted that the doctor and dentist in that area oppose the proposed zoning. Mrs.
Rhodes expressed opposition to people lobbying the Council Members relative to
the zoning cases, stating that decisions are made beforehand and that is why
spot zoning goes on. She stated that the City has good polices in place which
this request would violate and pointed out that the Planning Commission and
staff have indicated that it is bad zoning.
In answer to a question from Council Member Schwing, Mr. Garcia stated that
the proposed business would be a new venture and would create four new jobs.
After more discussion, Council Member Martin indicated that he would
support a special permit but not rezoning because conditions cannot be required
as part of the rezoning.
Ms. Patsy Byles, owner of the subject property, indicated that she thought
that the matter today would be just one of procedure, stating that is why her
husband is not present. Ms. Byles commented on the various pieces of property
in the area where zoning was approved and referred to the various shopping
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Regular Council Meeting
April 18, 1989
Page 11
centers which back up to residential areas. Ms. Pyles expressed the opinion
that they are being discriminated against.
Council Member Guerrero indicated that he will abstain from the vote on
this item.
Mr. Virgil Howard, an attorney representing the Colson family who own four
lots in the area, commented on the history of the area and spoke in favor of the
application.
Ms. Marie Colson, 6702 Yorktown, stated that her family owns four lots on
McArdle Street. She stated that the area is not an environment for children;
vandalism is high; and she has experienced difficulty in renting houses in the
vicinity. Ms. Colson indicated that the best use of the property is a
commercial use, stating that she is in favor of Mr. Garcia getting the "B-1"
zoning.
Mr. Garcia commented on the two petitions in favor of his application. He
referred to a special permit and expressed concern that he would have to come
back and present his case again if a special permit were presented.
City Secretary Chapa polled the Council for their vote and the following
Ordinance failed to pass:
5. Failed to Pass
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ARIEL A. GARCIA BY
CHANGING THE ZONING MAP IN REFERENCE TO LOT 16 AND A PORTION OF LOT 15,
BLOCK 2, KOOLSIDE ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1"
NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance failed to pass by the
following vote: Turner, Moss, Berlanga and Schwing voting, "Aye"; Hunt,
Martin, McComb and Rhodes voting, "No"; Guerrero abstaining.
Council Member Martin made a motion for a special permit for a brake shop
subject to a site plan which includes fencing the facility on all sides and all
work to take place in an enclosed structure. The motion was seconded by Council
Member Schwing.
Mr. Martin made another motion that the entire block be referred to the
Planning Commission for consideration of "8-1" zoning. He noted that if
approved by the City Council, the property in question would become "8-1"
zoning. The motion was seconded by Council Member Schwing.
Discussion followed and Council Member Rhodes stated that she would like a
staff recommendation on the motion relative to the terms of the special permit.
She referred to the second motion and stated that she would be in opposition
—"num-
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Regular Council Meeting
April 18, 1989
Page 12
for the same reason she opposes the application, noting that the whole block
would then be improperly zoned.
Council Member Martin withdrew his second motion.
Planning Director Harvey stated that if the Council is considering a
Special Permit, there are other concerns relative to signage, hours of
operation, and curb cuts. Mr. Harvey expressed the opinion that with all of
those conditions, it is an obvious indication that it is a very difficult use
and probably cannot be accommodated.
In answer to a question from Council Member Rhodes, Mr. Harvey noted that
the Planning Commission considered and moved on a special permit for this area
and it failed. He stated that they did express in discussion that other "8-1"
uses that have less impact would be more favorably reviewed and probably would
be approved.
Council Member Martin restated his
brake shop, subject to a site plant to
back to the Council for approval. The
Schwing and passed by the following vote
McComb and Schwing voting, "Aye"; Rhodes
motion to grant a special permit for a
be worked out by the staff and brought
motion was seconded by Council Member
: Turner, Moss, Berlanga, Hunt, Martin,
voting, "No"; Guerrero abstaining.
Council Member Martin made a motion to refer that particular block of
McArdle to the Planning Commission for consideration of the "B-1" zoning. The
motion was seconded by Council Member Schwing.
Council Member Guerrero stated that he has no trouble with the referral to
the Planning Commission but expressed concern in regard to the statement, "for
the purpose of rezoning." He pointed out that there is a dentist in the area
and it would be inappropriate to put the wrong zoning next to him because
vibrations could affect his equipment.
The motion passed by the following vote: Turner, Moss, Berlanga, Guerrero,
Hunt, Martin, McComb and Schwing voting, "Aye"; Rhodes voting, "No."
Council Member Martin made a motion to refer to the Planning Commission the
issue of appropriate zoning for brake and muffler and similar types of shops as
permitted uses. The motion was seconded by Council Member Rhodes and passed
unanimously.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza stated that he has a request from Judge Barnes that the
County Commissioners have asked for a joint meeting to discuss possible areas of
intergovernmental cooperation, and it was the consensus of the Council that this
meeting be scheduled.
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Regular Council Meeting
April 18, 1989
Page 13
Mr. Garza indicated that the Frost Brothers Building closing has been
postponed and in answer to a question from Mayor Turner, Mr. Garza indicated
that the City is developing an RFP for the building.
Mr. Garza stated that a question has arisen relative to the code of ethics
on the reporting requirements for the reporting officials.
Discussion followed and Mr. Garza commented on two alternatives which could
be taken. He then suggested that it would be appropriate to delete this section
from the code. Mr. Garza noted that this item will be brought back to the
Council to amend the ordinance.
Mr. Garza noted that staff has the fact finding report from the fact finder
regarding the City's negotiations with the Firemen's Pension Board, noting that
it will be reported in next week's closed session.
Mayor Turner reported on her meeting in Austin with the Governor. She
stated that tomorrow she will be in Austin meeting with the Mayor of Galveston
to discuss CAT pool insurance.
Mayor Turner commented on the Jazz Festival Society and noted that they
have a number of problems. She indicated that the Society was awarded a grant
from the Municipal Arts Commission which they never actually received. Mayor
Turner also commented on the lack of sufficient electrical wiring at the
watergarden.
City Secretary Chapa stated that the Convention and Visitors Bureau has
invited the Council to a noon luncheon on May 9th, and three Council Members
indicated that they will attend the luncheon.
Mayor Turner called for liaison and other reports from the Council.
Council Member Guerrero referred to the Frost Brothers Building and
expressed the opinion that if the City can get out of the contract, they should.
He stated that it was a mistake when the City bought the building, noting that a
use for it has not yet been identified.
Council Member McComb noted that tomorrow the RFP for the Chamber of
Commerce Committee on Intergovernmental Cooperation will be published in the
legal section for the study to be done in the three areas that the Chamber is
co -financing.
In reference to the Frost Brothers Building, Mr. McComb suggested that an
RFP be sent to a paving contractor for consideration of a downtown parking lot.
Council Member Berlanga stated that he has been to numerous conventions in
various cities which have successful public/private ventures, noting that the
City can be involved in a public/private venture relative to the Frost Brothers
Building. Mr. Berlanga expressed the opinion that the City will make good use
of the building which will generate more revenue for the City.
Minutes
Regular Council Meeting
April 18, 1989
Page 14
Council Member Berlanga presented a brief report on his visit to Vera Cruz.
Council Member Martin expressed the opinion that the Council should
consider the Planning Commission rule about not being contacted by applicants
relative to the zoning cases.
Mr. Martin inquired when the issue of the building permit fees is scheduled
to come before the Council, and City Manager Garza indicated that it will be
brought before the Council about the second week of May.
Council Member Hunt inquired about the status of the Frost Brothers
Building, and City Manager Garza provided him with an update. Mr. Hunt
suggested dropping the plans to buy the building, noting that the City should
get out of the real estate business.
Mr. Hunt indicated that he is opposed to the plans for a law school at
Texas A&I University.
Council Member McComb stated that the watergarden was not designed for
performing arts and inquired who will bear the cost for the electrical wiring.
He stated that the operation of the watergarden probably exceeds now what it was
anticipated and it should be evaluated.
Mr. McComb referred to his previous tenure as a Council Member and stated
that very definite commitments were made by the Jazz Society, noting that the
City should look at the policy of forgiving them the $8,000.
Mr. McComb referred to the Pawn Shop ordinance; he elaborated on a couple
of concerns from people; and he noted that in bringing the ordinance to the
Council, more information will be needed.
Council Member Guerrero indicated that the watergarden was built for
artistic value and not a festival area.
Mr. Guerrero referred to the pawnshop issue and stated that the City should
make sure that it is not restricted to pawnshops. He indicated that a lot of
the theft is going on in other places where items are being resold and this
should be included in the ordinance.
Mr. Guerrero referred to the proposal presented by Mr. Wimberley and the
objections as to why the City could not abide by his recommendations. He
suggested that staff sit down and try to work with Mr. Wimberley because his
concerns are valid.
Council Member Berlanga commented on the watergarden, noting that it is a
public place and the public should be allowed to use it as long as they don't
abuse it.
* * * * * * * * * * * *
Minutes
Regular Council Meeting
April 18, 1989
Page 15
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. R. J. Herschbach, 4650 Hakel Street, commented on the issue relative to
the mistake in the firefighters' pensions. Mr. Herschbach referred to the code
and stated that the firefighters do not need an attorney to defend them but need
the Council to take corrective action.
City Manager Garza indicated that a report will be forthcoming in a couple
of weeks.
Mr. Philip Rosenstein, 949 Bobalo, presented the Council with a copy of
Article 16, Section 40 of the Texas State Constitution relative to state
employees who receive all or part of their compensation directly or indirectly
from funds of the State of Texas. Mr. Rosenstein referred to the issue of Mayor
Turner being employed by Brush Country Services and the legal opinion which
stated that her employment was not a conflict of interest. Mr. Rosenstein
indicated that the letter is too speculative and not a legal opinion. He stated
that it is a violation of the Texas State Constitution.
Council Member Rhodes indicated that the Council should have a legal
opinion because this matter should be settled. She suggested getting a one-time
opinion from Attorney Dick Stone on this issue.
Council Member Hunt stated that City Attorney George should be instructed
to go to the Attorney General for an opinion because it would not cost the City
anything.
City Attorney George
written another opinion
opinion, indicating that
George stated that cities
opinions, but that Nueces
opinion on behalf of the C
indicated that Assistant City Attorney Jimmy Bray has
on this matter which concurred with Bruce Aycock's
Mr. Bray has stated that there is no problem. Mr.
do not have the authority to request Attorney General
County Attorney, Carlos Valdez, could request such an
ity.
A motion was made by Council Member Hunt to instruct the legal staff to
request from County Attorney, Carlos Valdez, an Attorney General's opinion
regarding this matter. The motion was seconded by Council Member Rhodes and
passed by the following vote: Moss, Berlanga, Guerrero, Hunt, McComb and Rhodes
voting, "Aye"; Martin and Schwing voting, "No"; Turner not voting.
Council Member Martin indicated that Mayor Turner has relied on the City
Attorney's opinions as required by the code of ethics, noting that the code of
ethics states that the Council is bound by the opinions of the City Attorney.
Mr. Ronald McGee, a resident in Flour Bluff, stated that he attended the
JTPA meeting last week. He noted that people are sent to PTC for jobs and jobs
Minutes
Regular Council Meeting
April 18, 1989
Page 16
do not exist. He inquired where the jobs are in the JTPA program and stated
that questions need to be answered relative to this program.
Mr. Enrique Garcia, President of the Police Officers Association, stated
that there is trouble at the Police Department relative to mismanagement and
lack of respect. He stated that the Police Department is in disarray and on the
brink of chaos. Mr. Garcia made derogatory remarks about Chief Robert Olson and
indicated that he will present specifics to the Council at next week's Council
Meeting.
Mr. Raymond Hasker, 1813 Wallace, commented on a problem relative to the
theft of motors in his yard. He stated that he reported the theft to the Police
Department and was charged $5.00 for a one-page copy of the report. Mr. Hasker
questioned the charge and also the opinions of City Attorney Hal George.
Reverend Tanner, Pastor of St. Paul's Methodist Church, commented on a
complaint relative to senior citizens being charged for the use of the HIALCO on
Sunday.
Mr. Barry Pillinger, President of the Pharaoh Valley Neighborhood
Association, presented a letter to the Council which he read verbatim relative
to wastewater system concerns.
Mayor Turner recessed the Council Meeting at 6:10 p.m.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 6:45 p.m. and announced the
Presentation on the Wastewater System which will be given by Assistant City
Manager Jesus Garza, Public Utilities Director Victor Medina, Engineering
Services Director Carl Crull, Wastewater Superintendent Wayne Cockroft, and
Foster Crowell, Assistant Wastewater Superintendent.
Assistant City Manager Jesus Garza opened the presentation, noting that
highlights of the presentation will consist of an overall system concept of the
current wastewater system, where the Westside Treatment Plant fits into the
overall system, what the improvements will do to the system and what the City's
other needs are. He stated that the presenters will discuss planning and
elaborate on the various projects. He displayed samples of effluents and
renderings of the wastewater plants. Mr. Garza explained the trickling filter
system and activated sludge treatment process.
Mr. Victor Medina, Engineering Services Director, presented background data
on the wastewater division, stating that currently the treatment system consists
of seven treatment plants with a total treatment capacity of 38 MGD. Mr. Medina
elaborated on the Broadway Treatment Plant, the Oso Treatment Plant, the
Westside Treatment Plant, the Allison Treatment Plant, the Laguna Shores
Treatment Plant, the Laguna Madre Treatment Plan and the Whitecap Treatment
Minutes
Regular Council Meeting
April 18, 1989
Page 17
Plant. Mr. Medina elaborated on the various wastewater concerns and explained
the reason the City has so many treatment plants.
Mr. Medina continued by stating that treatment plants treat approximately
25.9 MGD of sewage and generate 18-20 dry tons of sludge daily. He elaborated
on the Oso -Westside Study and discussed the various alternatives for the
southside. Mr. Medina stated that the City has started or completed interim
improvements at the Oso and Westside Plants and selected a site for the
Southside Plant and are in the process of acquiring land.
Assistant City Manager Jesus Garza explained that in 1995 there will be a
need to consider the design of a new facility; the 1986 bond fund contemplated
this additional plant; and funds were approved for the purchase of land for
the plant.
Council Member Martin stated that he has several questions. He inquired if
planning for a new southside plant would reduce the sewage at the Oso plant. He
stated that he would also like to see an overlay of the southside plant
treatment area and how much sewage it would take away from the Oso plant. He
stated he would also like to see a map of the area served by the six or seven
plants that are in operation.
Mr. Garza stated that there is no question that the City could make the
decision to start construction of the southside plant when the Oso plant reaches
the capacity of ninety percent.
Council Member Guerrero inquired as to why the City has so many plants and
expressed the opinion that possibly it was because the City has a fault running
through it.
Mr. Medina stated that the reason for so many plants is that the land in
this area is so flat. He stated that because of the City's economic condition,
he would not recommend starting the southside plant at this time because it
would be less expensive to modify the Oso plant to take care of additional
service.
Mr. Cockroft pointed out that there is no money to make improvements to the
Oso plant or for the starting of the southside plant at this time.
Council Member McComb stated that he was under the impression that the City
had money for the southside plant, and Assistant City Manager Garza explained
that bonds were voted to allocate funds for purchase of land only for the
southside plant.
City Manager Garza assured the Council that there are plans to eventually
construct the southside plant but the City is attempting to provide more service
at a lesser cost by modifying the Oso plant.
Minutes
Regular Council Meeting
April 18, 1989
Page 18
Council Member Guerrero noted that the Council and the public were told
many times that voting on bonds for purchase of land for the southside plant was
with the understanding that modifying the Oso plant was part of the plan.
Council Member Martin stated that he had pointed that out at the time the
Freeze -Nichols report was adopted by the City Council a little more than a year
ago. He emphasized the fact that it was always clearly stated that modifying
the Oso plant was part of the plan. Mr. Martin also pointed out though that the
City Council has every right to amend the comprehensive wastewater plan to not
expand the Oso Plant but move forward with the Southside Plant.
Mr. Medina pointed out that the City's overall wastewater system plans
would cost over one-half billion dollars to complete and there is a need to make
additional modifications to properly serve the citizens of this City.
Council Member Guerrero suggested that the staff is informing the Council
that if they want to make a change in the City's policy, it will cost a great
deal more money.
Assistant City Manager Garza agreed, stating that the Environmental
Protection Agency is very stringent about wastewater services and staff will be
proposing projects to the Council for improvements to comply with EPA
requirements.
Mayor Turner inquired if the bonds approved for the southside plant were
only for the purchase of land, and Mr. Carl Crull replied in the affirmative.
He stated that funds for constructing the southside plant would require another
bond election or some other type of funding.
Council Member Hunt pointed out that for the last ten years, the water fund
net revenue has been $1 million a year but everyone is told by the staff that
those funds must be used to pay for the construction of Choke Canyon.
Mr. Cockroft then spoke to the Council on the recommended five-year
wastewater capital improvement program and reviewed the priorities as
established by the staff. He also explained the possible fines that can be
levied for each day that the City is in non-compliance with the ROD requirements
and for non -completion of a plant that has been started. He stated that as soon
as the contract is let for the Westside Wastewater Treatment Plant expansion,
Phase I, the City would have thirty months to complete that project or the EPA
will levy a fine for non -completion. Mr. Cockroft explained that the estimated
project cost of the Westside Treatment Plant expansion, Phase I, which would
increase it from three MGD to six MGD would cost $9,718,100. He explained also
that the next two priority items, Laguna Shores Lift Station and Force Main at
an estimated project cost of $700,000 and the Horne Road Lift Station at an
estimated cost of $925,000 were being delayed in order to provide funds for the
Westside plant.
Mr. Garza then summarized the remainder of the projects and explained the
reasons they are so critical. (A copy of the Wastewater Capital Improvement
Program is attached to the official copy of the Minutes.)
Minutes
Regular Council Meeting
April 18, 1989
Page 19
Mayor Pro Tem Moss noted that Phase II of the Westside Plant, which is
listed as Item 16 on the priority list, would compliment the Phase I
improvements rather than replace them, and Mr. Cockroft indicated that was
correct.
Council Member McComb inquired if it would be more cost effective to just
build a new plant adjacent to the existing Westside Plant and the odor problem
could be addressed at the same time.
Assistant City Manager Garza explained that is an issue of funding and
emphasized the fact that the City does not have the money available at this
time.
Mr. Carl Crull stated that one of the objectives in upgrading the Westside
Plant is to get rid of the trickling filter process which is not very efficient.
Council Member Martin suggested that whenever the City had an agenda item
in regard to wastewater improvements, he would like to suggest that the staff
provide further explanations of the needed improvements.
Further discussion followed in regard to funding, and City Manager Garza
stated that money is available in the water fund to provide some funding for the
wastewater improvements. He stated that he will return to the Council with a
report to identify possible funding sources.
Capital Budget Officer, Grace McNett, explained funding for some of the
projects, noting that the number one priority is the Westside Plant; funds for
the Laguna Shores Lift Station and Force Main have been diverted to provide
funding for the Westside Plant; the Horne Road Lift Station project also has had
its funding diverted to the Westside Plant, as well as other projects with
lower priorities.
Council Member Martin inquired if the City has any type of impact/analysis
to show at what level of zoning and build -out levels the capacity at these
plants will be reached.
Assistant City Manager Garza explained that is called unit living estimates
that is analyzed every time zoning is approved. He stated that this is not
being done in this City but agreed that there are some variations of zoning that
could have some adverse effects on the sewer plants.
Mr. Hunt stated that he would like to move ahead with the odor problem at
the Oso plant at the cost of $290,000, and Assistant City Manager Garza stated
that is long overdue at all of the plants, not just the Oso plant.
Mr. Hunt mentioned several projects for which money had been allocated
which could have been used to eliminate odor problems at the plant.
Council Member Rhodes inquired as to the source of funding for items 2 and
3 which were the Laguna Shores Lift Station and Force Main and Horne Road Lift
Minutes
Regular Council Meeting
April 18, 1989
Page 20
Station improvements if the funding for those projects has been diverted to the
Westside Plant, and City Manager Garza explained that was money that was
originally designated to lower the lines in the Port of Corpus Christi which has
been determined not to be necessary. He stated that he would suggest that if
the Council agrees, the City could use water fund money for wastewater
improvements.
Council Member Rhodes then asked for an explanation of why the City is
spending so much money for construction of the Westside Plant, yet later on the
list is odor control at the same plant. She suggested that it could all be done
at the same time, and Assistant City Manager Garza explained that this City's
plants are not designed for scrubbers which are necessary for odor control. He
agreed that is something that is needed, but the design of the Westside plant
was completed before the City Council indicated that they were more concerned
with the odor problem. He stated that the City's higher priorities are to meet
EPA guidelines and they may recommend a surcharge later for those industries
that are putting a greater demand on the City's facilities.
Council Member McComb stated that he recalled a charter change that was
approved in 1987 that states that money generated by City utilities can be used
for different utility improvements. He suggested that the water funds be used
for wastewater improvements.
A motion was made by Council Member Martin that Item No. 15 be approved.
The motion was seconded by Council Member Moss.
Mayor Turner called for comments from the audience.
Mr. Barry Pillinger stated that his association had studied the problem and
they are of the opinion that even though the expansion of the Oso Plant is the
least expensive way to improve sewer treatment, they feel that the other
southside plant should be constructed as soon as possible and the Oso Plant
should not be used to solve all of the wastewater problems in that area.
Mrs. Martha Elliott, 6701 Sahara Drive, stated that as a member of CC'90,
they made the recommendation for the new southside wastewater plant. She noted
that since the last hurricane, the area in the Oso Plant has experienced a lot
of silting under the bridge.
Assistant City Manager Garza reiterated that the staff is urging that the
southside plant be constructed but this plan always included the expansion of
the Oso Plant at the same time they were recommending planning for the southside
plant.
No one else spoke in regard to this item and the motion to award the
contract for the Westside Treatment Plant expansion Phase 1 passed unanimously.
Minutes
Regular Council Meeting
April 18, 1989
Page 21
13. M89-0105
Motion awarding a contract in the amount of $8,118,000 to Nunn and Shumway
Construction Co., Inc. for the expansion of the Westside Wastewater
Treatment Plant.
Mayor Turner stated that she would like to have some facts and figures that
would be needed if the Council decided to move up the odor control for the
Westside Plant and they decided to construct the southside plant during the next
five years. She stated that she would like for the staff to provide information
as to how much money would be needed and an estimated source of funding.
Mayor Turner then declared the Regular Council Meeting of April 18, 1989
adjourned at 8:30 p.m.
* * * * * * * * * * * * *
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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
April 18, 1989, which were approved by the City Council on April 25, 1989.
1989.
,./rt
WITNESSETH MY HAND AND SEAL, this the yr — day of
Betty Tu
er, Mayor
Armando Chapa
City Secretary
Serf -
de,