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HomeMy WebLinkAboutMinutes City Council - 08/15/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 15, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Hall. Council Members: Leo Guerrero Tom Hunt Clif Moss Joe McComb Edward A. Martin Mary Rhodes Frank Schwing Absent Deputy City Manager Jesus Garza City Attorney Hal George City Secretary Armando Chapa City Manager Juan Garza Mayor Turner called the meeting to order in the Council Chamber of City The invocation was delivered by Reverend Don Bretz of the Church of the Good Shepherd following which the Pledge of Allegiance to the Flag of the United States was delivered by Council Member Frank Schwing. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of August 8, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mr. Philip Rosenstein, 949 Bobalo, objected to remarks made during the invocation given by Reverend Clifford Taylor at last week's Council Meeting. Mr. Rosenstein commented on the remarks. He asked the Council to instruct the City Manager to contact the Ministerial Alliance to notify the clergy and request them to keep political and controversial remarks out of invocations given at City Council Meetings. Mayor Turner recognized Reverend Ed Bennett who commented on the recent death of Congressman Mickey Leland and asked the Council and audience to pray for the Leland family. MICROFILMED Ainutes Regular Council Meeting August 15, 1989 Page 2 Former Council Member Bob Gulley gave a short presentation opposing the proposed medical waste incinerator site on Leopard Street on the Enviromed, Inc. application for a permit from the Texas Department of Health. Mr. Gulley stated that the Tuloso-Midway School District is very much opposed to the request for a permit and has passed a Resolution in opposition. Mr. Gulley presented a petition with 825 names and signatures opposing the permit and asked the Council to adopt a Resolution opposing the permit. Reactions varied and after substantial discussion, it was the consensus of the Council, by a majority vote, to conduct a Public Hearing on Monday, August 21, 1989 at 4:00 p.m. to allow the Council to determine their position on this issue and allow all parties a chance to speak for or against the plant. * * * * * * * * * * * * * Mayor Turner recessed the Regular Council Meeting to convene the Meeting of the Corpus Christi Housing Finance Corporation. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 3:21 p.m. and referred to the Board and Committee appointments and the following appointments were made by the Council: (M89-0231) Citizens Advisory Health Board C.C. Convention & Visitors Bureau Anne Dodson Cathy Harrison - Reappointed Ricardo Sanchez - " Barbara Sheppard - Ratified Bill Pruet Food Services Advisory Committee Civil Service Board Mildred Pinson - Ex -officio Gloria Henson John Otto * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 12 and Deputy City Manager Jesus Garza withdrew Item No. 3. Relative to Item No. 1 on confirming the City Manager's appointment (Gloria Henson) to the Firefighters' and Police Officers' Civil Service Commission, Mr. Enrique Garcia, representing the Police Officers Association, stated that the association disagrees with the City Manager's recommendation. He stated that Ms. Henson is the Director of Human Resources at Spohn Hospital and the hopsital is facing various discrimination charges. Minutes Regular Council Meeting August 15, 1989 Page 3 City Secretary Chapa polled the Council for their votes and the following were passed by the Council: 1. M89-0222 Motion confirming the City Manager's appointment to the Firefighters' and Police Officers' Civil Service Commission. The foregoing Motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 2. M89-0223 Motion canceling the Regular Council Meeting of August 22, 1989. The foregoing Motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 3. Withdrawn Edueatien-4DTATRTE1-4-4tetflat+r-es-Tetwirr-rmacrar4lmart-9tiekerar-mugss bedgesy-imd--T—slitkrtsr--The--iteme--will-4941x11-e-d--te--s,t*Irdevrtsi--ly.r-the Peliee-Departmener 4. M89-0224 Motion approving a supply agreement for fine paper in accordance with Bid Invitation No. 3I-0179-89 with Century Papers for an estimated expenditure of $68,344 based on low bid. The term of the contract shall be for twelve months with an option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The paper will be used by the various City departments. The foregoing Motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 5. M89-0225 Motion approving a supply agreement for Calcium Oxide in accordance with Bid Invitation No. 3I-0273-89 with APG Lime Corporation based on the low bid of $55,575. 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 chemical will be used by the Water Division for treatment of our water supply. The foregoing Motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." Minutes Regular Council Meeting August 15, 1989 Page 4 6. M89-0226 Motion awarding a contract in the amount of $590,410 to King -Isles, Inc. for construction of the Texas State Aquarium Infrastructure, Contract No. 2 project. The foregoing Motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 7. M89-0227 Motion awarding for demolition Streets. The foregoing Guerrero, Hunt, 8. M89-0228 a contract to E.J. Stefek Company in the amount of the structure at the corner of Mesquite Motion passed by the following vote: Turner, Martin, McComb, Moss, Rhodes and Schwing voting, of $14,748 and Belden Berlanga, "Aye." Motion authorizing the City Manager to submit an application and to execute all necessary documents with Coastal Bend Council of Governments for the continuation of the Elderly Nutrition Program. The contract contains a budget which includes $439,276 in Older Americans' Act funds, $117,585 in USDA Cash In Lieu of Commodity funds, $21,968 in Omnibus Hunger Act funds, $166,831 in City funds, and $34,353 in projected donations from our program participants for a total grant budget of $780,013. The foregoing Motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 9. ORDINANCE NO. 20752 AUTHORIZING THE EXECUTION OF AGREEMENT WITH CONTINENTAL AIRLINES, INC., SOUTHWEST AIRLINES COMPANY, AND AMERICAN AIRLINES, INC. FOR USE OF FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 10. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 38, PEDDLERS, VENDORS, ITINERANT MERCHANTS, AND SOLICITORS, SECTION 38-14, APPEAL, TO REVISE THE PROCEDURE FOR APPEALS CONCERNING VENDOR, PEDDLER, COMMERCIAL SOLICITOR, AND ITINERANT MERCHANT PERMIT. Minutes Regular Council Meeting August 15, 1989 Page 5 The foregoing Ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 11. ORDINANCE NO. 20753 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH RED LINE BURGERS, INC. TO ALLOW THE INSTALLATION AND MAINTENANCE OF AN ENTRANCE LANE 12 FEET INTO THE PUBLIC RIGHT-OF-WAY ON STANLEY STREET AT SOUTH PORT AVENUE. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 12. ORDINANCE NO. 20754 AUTHORIZING THE EXECUTION OF A 10 -YEAR LEASE AGREEMENT WITH DOBBS HOUSES, INC. FOR A TERMINAL NEWS AND GIFT CONCESSION, EFFECTIVE 60 DAYS FROM DATE OF THIRD READING. The foregoing Ordinance passed on third reading by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner abstaining. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 13 on the water utilities facility. Deputy City Manager Jesus Garza provided background information and summarized the recommendation for awarding a contract to Moorhouse Construction Company for the water utilities facility project. In answer to a question from Council Member Martin, Public Utilities Director, Victor Medina, stated that the engineering and planning staff for water and wastewater will be combined into one office and that, over a long term, will produce a savings. In answer to questions posed by Council Members about the relocation of the facilities and the parking facilities, Deputy City Manager Garza reviewed the status of the original plans for the water facility. He indicated that there will be a large area of green space at this proposed facility. In answer to a question from Council Member McComb relative to a drive-in facility for customer convenience, Deputy City Manager Garza indicated that the City does have two walk-up facilities. He stated that a drive-in concept is a good idea, but it is a matter of funding. He noted that staff will consider the drive-in concept and determine the estimated cost. Mr. Garza commented on Minutes Regular Council Meeting August 15, 1989 Page 6 staggered hours for the facility, noting that staff will also explore the concept of modifying the City's hours to be more accessible to the public. Council Member Hunt remarked about money available in the water fund, and Mr. Garza stated that staff will provide Council with a proposal relative to the utilization of funds in the water fund. In response to questions relative to Item No. 14 on the raw water reservoir and sludge lagoons, Deputy City Manager Garza responded by stating that Black and Veatch is the engineering firm on the project. He explained the various actions relative to the project regarding the change order, suspending the charging of time on the project, assessing liquidated damages and authorizing reduction of the retainage. Mr. Garza elaborated on the additions and modifications to the project and commented on the soil conditions of the area. Relative to Item No. 14a on the purchase of dirt from Reldenfels Brothers, Inc., Bay, Inc., and South Texas Construction Co. for use at the landfills, Mr. Garza provided background information for the recommendation and elaborated on the funding for general site improvements and the purchase of dirt for the landfills. There were no questions from the audience on Items 13 thru 15. City Secretary Chapa polled the Council for their votes and the following were passed: 13. M89-0229 Motion awarding a contract of $1,428,700 for the Water The foregoing Motion passed McComb, Moss, Rhodes and absent at the time the vote 14. M89-0230 to Moorhouse Construction Company in the amount Utilities Facility project. by the following vote: Turner, Hunt, Martin, Schwing voting, "Aye"; Berlanga and Guerrero was taken. Motion approving the following actions relative to the Raw Water Reservoir and Sludge Lagoon project: a. Approving Change Order No. 1 in the amount of $98,638.82 for various items necessary to complete the project and authorizing a 38 -day time extension for substantial completion and a 45 -day extension for final completion, b. Suspending the charging of time on this project until water demand decreases and remaining items can be completed, c. Assessing liquidated damages in the amount of $20,500 for 41 days overrun to substantial completion and $3,500 for 14 days overrun to full completion, and d. Authorizing reduction of retainage from ten percent to five percent. Minutes Regular Council Meeting August 15, 1989 Page 7 The foregoing Motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga and Guerrero absent at the time the vote was taken. 14a. ORDINANCE NO. 20755 AUTHORIZING THE PURCHASE OF DIRT FROM HELDENFELS BROTHERS, INC., BAY INC., AND SOUTH TEXAS CONSTRUCTION CO. FOR USE AT THE LANDFILLS; APPROPRIATING $280,000; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 15. FIRST READING AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH PLEASURE PIER ASSOCIATES, INC., AUTHORIZING THE DELAY OF CONSTRUCTION OF SPECIFIED IMPROVEMENTS IN LIEU OF PAYMENT OF ARREARS UNTIL NINETY DAYS AFTER COMPLETION BY THE CITY OF CONSTRUCTION OF MARINA REPAIRS AT THE RESTAURANT LOCATION, OR, IN THE ALTERNATIVE, PAYMENT OF THE ARREARS IN THE AMOUNTS OF $7,000 BY DECEMBER 29, 1990, AND $14,000 BY DECEMBER 31, 1991. The foregoing Ordinance passed on first reading by the following vote: Turner, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes voting, "No"; Berlanga and Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Berlanga announced the public hearing on closing and abandoning of Jamison Lane, an unimproved street in the McBride Commercial Sites, subject to replatting the property within 180 days. City Secretary Chapa informed the Council that Mayor Turner has filed a conflict of interest affidavit with his office and will not participate in the discussion or vote on this item. Deputy City Manager Garza explained the request for the closure, stating that the City is proposing to close and abandon Jamison Lane, a 60 -foot wide unimproved street between Leopard Street and Interstate Highway 37. He stated that since the property north of Jamison will be utilized for the construction of the recently approved greyhound racetrack, Jamison will not be needed as a thoroughfare. Council Member Martin inquired about the City's policy on charging for the closing of a street, and Mr. Garza responded by stating that the City's policy is to assess the fair market value. He stated that on an unimproved street, it Minutes Regular Council Meeting August 15, 1989 Page 8 is not the City's policy to assess a cost. He noted that relative to this closure, the City is the owner on both sides of the street. Mr. Garza explained the condition of the replatting and stated the replatting will take place as part of the plat for the property on the greyhound racetrack. Assistant City Manager Utter stated that the original property was purchased by the City to put a street in; the City is closing the street; and when you close a street, you need to replat the property. He stated that the property will be replatted as part of the replat which will show up on the larger tract and it will be with the City's concurrence. Mr. Utter stated that eventually, the Council will be presented with a long-term lease to the owners of the greyhound property and they will use it as a grand entryway into the proposed racetrack. Mr. Lewis Lovelace, 1549 Casa Grande, asked if the City is getting into the racetrack business, and Mr. Garza responded by stating that the City is not getting into the racetrack business. He explained that the property that has been approved for the greyhound racetrack has an unimproved street; the City has proposed to close the street; and as part of the replat, it will be a larger piece of property, whereby the City will lease that entrance into the track and will receive an income as a result of leasing its property. Mr. Garza indicated that what is being presented to the Council today is only the closing of the street. Council Member Martin stated that the Council's policy is to dispose of surplus property, suggesting that before a recommendation is made to them, they should have the option of whether they could lease or sell the property, and Mr. Garza indicated that staff will explore both options and present them to the Council. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Rhodes and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading. 16. FIRST READING CLOSING AND ABANDONING JAMISON LANE, A 60 -FOOT WIDE UNIMPROVED STREET BETWEEN LEOPARD STREET AND INTERSTATE HIGHWAY 37 IN McBRIDE COMMERCIAL SITES; SUBJECT TO CERTAIN PROVISIONS. The foregoing Ordinance passed on first reading by the following vote: Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner abstaining; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Minutes Regular Council Meeting . August 15, 1989 Page 9 Mayor Turner announced the public hearing on the Westside Area Development Plan, An Element of the Comprehensive Plan. Director of Planning, Brandol Harvey, provided background material on the plan and indicated that the plan is one of twelve drawn up from areas in and outside the City limits which will make up the City's Comprehensive Master plan and is the fifth plan to be adopted by the Council. Be elaborated on the key objectives of the plan; he discussed the existing conditions on the west side; and he commented on the problems on the west side. Mr. Harvey stated that the major planning problem is the existing mix of uses on the west side and he elaborated on those. Mr. Harvey indicated that the basic objective of the plan was to look at new development in the area and redevelopment of what is existing to reverse a trend of mixed uses which have developed over time. Discussion ensued as a series of specific questions were asked by several Council Members and Mr. Harvey responded to their questions. Mr. Harvey stated that south of S.P.I.D., several large vacant areas are recommended for rezoning and the general idea behind the recommendation is to make Holly Road the boundary between industrial property to the north and residential property to the south. He stated that the recommendations include rezoning of vacant residentially zoned land to industrial, and in other areas, vacant industrially zoned land to residential. The subjects discussed at length were zoning districts, existing zoning uses and areas to be rezoned, and Mr. Harvey gave a brief overview of the major elements of the plan. Mr. Chip Bonner, a property owner of some of the land being affected, located his property on the zoning and land use map, noting that it is comprised of 130 acres of land and is currently zoned "R -1C." Mr. Bonner expressed concern about the zoning of his property. He stated that he markets the property as potential light industrial and if it is zoned as a residential area, the likelihood of it ever being zoned "I-2" is highly unlikely. He commented on buffering zones in the area and requested that the property located south of the railroad be also designated as "I-2." Mr. Harvey stated that one of the key objectives in the proposed land use plan was to aggregate acreage for residential and industrial development using logical barriers as much as possible. He stated that the City did not see a need to expand industrial, noting that the intent was to show where industrial could be located. Following extensive discussion, Council Member Martin made a motion that Section "B" on the Re -zoning Area Map on Page 24 of the plan be enlarged to the south to the southernmost boundaries of the 130 -acre tract owned by Mr. Bonner with the ditch serving as the dividing line and that the land use plan portion of the Westside Development Plan be amended so that the area surrounded by the ditch be categorized in the "B" designation. The motion was seconded by Council Member Moss and passed unanimously by those present and voting; Rhodes absent at the time the vote was taken. Minutes Regular Council Meeting August 15, 1989 Page 10 A motion was made by Council Member Guerrero to close the public hearing; seconded by Mayor Pro Tem Berlanga and passed unanimously; Rhodes absent at the time the vote was taken. City Secretary Chapa polled the Council for their votes and the amended plan was approved by the following Resolution: 17. RESOLUTION NO. 20756 ADOPTING THE WESTSIDE AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI. The foregoing Resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, and Schwing voting, "Aye"; Rhodes absent at the time the vote was taken. * * * * * * * * * * * * * Deputy City Manager Garza provided a report regarding the Up River Road Utilities Project and reviewed the status of the PVC and clay pipe situation regarding City specifications for pipe. Mr. Garza commented on the Flour Bluff debris cleanup. In answer to a question from Council Member Moss about the traffic signalization item which was tabled last week, Mr. Garza responded by stating that on August 21st the item will be presented to the Transportation Advisory Committee. Mayor Turner suggested that it be presented to the Heart of Corpus Christi. In answer to a question from Council Member Moss about the portable sign situation, Assistant City Manager Elizondo indicated that staff is preparing a written report regarding the portable signs. Mr. Elizondo stated that any sign which was legally permitted or legally put in place, the City will have to continue to live with. Council Member Guerrero commented on the City's policy pertaining to the hiring of blacks and requested a breakdown of the City's standing percentage -wise relative to all minority groups. Council Member Martin informed the Council that he will be sending out language for the Ethics Code ordinance and would appreciate any comments from the Council. Mr. Martin inquired about the balustrade, and Mr. Garza briefed him on the status of the balustrade. Mr. Martin commented on the pit bull concerns generated by a recent attack on a small dog by a pit bull and suggested that a meeting be conducted with City officials in that neighborhood. Minutes Regular Council Meeting August 15, 1989 Page 11 Mayor Turner asked if anyone objected to having the first reading of the ethics ordinance on September 5, 1989 and there were no objections. Council Members Bunt and Guerrero also commented on the pit bull situation and stated that the issue should be taken more seriously and stringent action should be taken by the City. Mr. Guerrero also commented on a cockfight situation on the west side. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Ms. Veneita Bayer, 3301 Gollihar, commented on a situation regarding payment of her taxes and she was referred to Assistant City Manager Andrews to advise her in this matter. Mr. Lewis Lovelace, 1549 Casa Grande, remarked about the pay compensation for the top individuals on the City staff and commented on the raise recently granted to Deputy City Manager Garza. Mr. Lovelace also spoke on the raising of taxes. Mr. Raymond Wimberly, Corpus Christi Pipe and Supply Co., presented material to the Council and commented about the Up River Road Utilities project relative to the pipe specifications of the City. Mr. Wimberly expressed the opinion that it is completely irresponsible to continue to put clay pipe in the system and he elaborated on several instances where it has failed. Mr. Wimberly indicated that he plans to pursue this issue in the courts. Various Council Members expressed concern about hearing this issue over and over again and Council Member McComb noted that if the product is good and would produce a substantial savings, it should be considered. Deputy City Manager Garza responded to Mr. Wimberly's remarks and commented about the difference between PVC pipe and clay pipe. He indicated that staff is studying the issue and checking with other cities to see what they are using. Mr. Garza indicated that a lot of questions have to be answered. Mr. Robert Lys, San Antonio, Texas, representing Michigan Clay Products, stated that Michigan Clay is formulating answers and rebuttals to Mr. Wimberly's accusations and he will request to place this issue on a future City agenda for discussion. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 6:09 p.m. on August 15, 1989. * * * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of August 15, 1989, which were approved by the City Council on August 29, 1989. WITNESSETH MY HAND AND SEAL, this the /114ay of 1989. 44441 ev Turn , Mayor ....— seet Atikal at -- Armando Chapa City Secretary