HomeMy WebLinkAboutMinutes City Council - 08/29/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 29, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem David Berlanga, Sr.
Hall.
Council Members:
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Absent
Frank Schwing
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
4-6fif
Mayor Turner called the meeting to order in the Council Chamber of City
The invocation was delivered by Reverend San Williams of Parkway
Presbyterian Church following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Mary Rhodes.
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 15, 1989 and Special Council Meeting of August 21, 1989 and
there being no additions or corrections, she proclaimed them approved as
presented.
Mayor Turner recessed the Council Meeting to conduct the Corpus Christi
Housing Finance Corporation and the Corpus Christi Housing Improvement
Corporation Meetings.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting and called for consideration of
Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings
MICROFILMED
Minutes
Regular Council Meeting
August 29, 1989
Page 2
on Items 1 thru 14 and Council Members requested that Items 2, 7 and 9 be
withheld for discussion.
There were no questions from the audience on the other items.
City Secretary Chapa informed the Council that Mayor Pro Tem Berlanga has
filed a conflict of interest affidavit with his office and will abstain from
voting on Item No. 1. Mr. Chapa then polled the Council for their votes and the
following were passed:
1. M89-0233
Motion approving supply agreements for work uniforms in accordance with Bid
Invitation No. 81-0239-89 with the following companies based on low bid.
The term of these agreements 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 uniforms will be used
by various departments throughout the City.
Famous Uniforms
Corpus Christi, Texas
Total: $25,802.50
Grand Total: $67,725.50
Model Industrial
Corpus Christi, Texas
Total: $41,923
The foregoing Motion passed by the following vote: Turner, Guerrero, Hunt,
Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga abstaining; Schwing
absent.
3. 1189-0235
Motion approving the purchase of 5 wood play systems in accordance with Bid
Invitation No. 81-0174-89 with Hunter-Knepshield of Texas, for the amount
of $14,093 based on low bid. These play systems will be installed in
various parks throughout the City.
The foregoing Motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing
absent.
4. 1189-0236
Motion approving the purchase of computer hardware, peripheral equipment
and software for South Texas Library System in accordance with Bid
Invitation No. 3I-0320-89 from the following companies based on a low bid
and best bid for a total of $27,622.80. Funds were appropriated in the
1988-89 LSA grant, contract 372.4.
Minutes
Regular Council Meeting
August 29, 1989
Page 3
Tallgrass Technologies
TG4060 tape backup system
Specifications 11409
25 units @ $624.42
C.C. Computer Time
Portable Computer System
Specifications 11410
1 ea.
Grand Total:
The foregoing Motion passed by
Guerrero, Hunt, Martin, McComb,
absent.
5. M89-0237
$15,610.50
$12,012.30
$27,622.80
the following vote: Turner, Berlanga,
Moss and Rhodes voting, "Aye"; Schwing
Motion approving the purchase of software programs for the South Texas
Library System from the following companies based on low bid and low bid
meeting specifications in accordance with Bid Invitation No. BI -0272-89.
a. Soft Warehouse
Dallas, Texas
305 ea.
Total: $18,130
c. Computerland
Corpus Christi, Texas
56 ea.
$1,695
Grand Total: $22,594.77
b. Computer Command
Victoria, Texas
73 ea.
Total: $2,769.77
The foregoing Motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing
absent.
6. 1189-0238
Motion awarding a contract in the amount of $17,878.40 to P.S.I. for the
construction of groundwater monitoring wells at the Elliott Sanitary
Landfill.
The foregoing Motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing
absent.
Minutes
Regular Council Meeting
August 29, 1989
Page 4
8. M89-0239
Motion authorizing the Municipal Arts Commission to establish an ad hoc
committee for assistance in review of subgrant applicants. The ad hoc
committee would be made up of art specialists taken from the community and
members of the Municipal Arts Commission.
The foregoing Motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing
absent.
10. ORDINANCE NO. 20757
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH
KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF LAND LOCATED AT THE NORTH
CORNER OF THE INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD;
AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss and
Rhodes voting, "Aye"; Schwing absent.
11. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-254,
SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, TO REVISE
EXISTING SPEED LIMITS ON PORTIONS OF THE S.H. 358 FRONTAGE ROAD SYSTEM,
YORKTOWN BOULEVARD, HOLLY ROAD, MORGAN AVENUE AND PORT AVENUE.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting,
"Aye"; Schwing absent.
12. SECOND 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.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting,
"Aye"; Schwing absent.
13. SECOND 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
Minutes
Regular Council Meeting
August 29, 1989
Page 5
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 second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting,
"Aye"; Schwing absent.
14. SECOND READING
CLOSING AND ABANDONING JAMISON LANE, A 60-F00T WIDE UNIMPROVED STREET
BETWEEN LEOPARD STREET AND INTERSTATE HIGHWAY 37 IN McBRIDE COMMERCIAL
SITES; SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance passed on second reading by the following vote:
Berlanga, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye";
Turner abstaining; Schwing absent.
* * * * * * * * * * * * *
In answer to questions raised by Council Member Moss relative to Item No. 2
on approving the purchase of a bay patrol boat, City Manager Garza indicated
that the City does general policing of the marina. Mr. Garza commented on the
status of the old boat which was sold for $7,600.
In answer to a question from Council Member Martin, Assistant City Manager
Hennings indicated that funds were approved in last year's budget for the patrol
boat and he elaborated on the funding.
Sisu Morris, Marina Superintendent, identified the individuals who will be
capable of operating the patrol boat. She commented on the role which the
marina plays in the assistance of boats and stated that the marina requires a
boat that is powered by a diesel engine.
Relative to Item No. 7 on the Bluff Balustade Contract, Council Member
McComb expressed concern regarding the possibility of Ewing Construction Company
having to forfeit their bid bond because of a bid miscalculation, and City
Manager Garza stated that this is one of the hardest recommendations he has had
to make. Mr. Garza stated that safeguards are needed in the bidding process to
assure that the City has good faith bids. He indicated that this is the policy
established by the Council. Mr. Garza indicated that the City has attempted to
work with Mr. Ewing but it has not worked out.
Council Members Hunt and Martin concurred with Council Member McComb and
expressed concern that a small company might be put out of business. Mr. Hunt
also stated that he was against the funding for the Balustrade because it is a
low priority item.
Minutes
Regular Council Meeting
August 29, 1989
Page 6
City Manager Garza explained
of the bid specifications, noting
fulfill their obligations and have
Council
protect the
stating that
that the company was aware
that there have been other
forfeited their bid bond.
Member Guerrero expressed the
integrity of the system, and
the rules should not be changed
After more discussion, Mayor Turner
expedited as quickly as possible.
of the conditions
firms who did not
opinion that the Council should
Council Member Rhodes concurred,
on an individual contract basis.
suggested that this project be
In answer to a question from Council Member Moss relative to Item No. 9 on
a lease extension agreement for office space for the Health Department's special
nutrition program, City Manager Garza explained the status of the construction
of the WIC Program's building and stated that this item is just an extension of
the lease to keep the program in the same quarters.
City Secretary Chapa polled the Council for their votes and the following
items passed or failed to pass:
2. M89-0234
Motion approving the purchase of a bay patrol boat for the Marina Division
in accordance with Bid Invitation No. BI -0260-89 from Bill McWhorter,
Rockport, Texas for the amount of $58,550. Funds are encumbered from the
1988-89 budget.
The foregoing Motion passed by
Guerrero, Hunt, 'Martin, McComb,
absent.
7. Failed to Pass
the following vote: Turner, Berlanga,
Moss and Rhodes voting, "Aye"; Schwing
Motion awarding a contract in the amount of $481,000 to Ewing Construction
Company for restoration of the Bluff Balustrade.
The foregoing Motion failed to pass by the following vote: Berlanga, Moss
and Rhodes voting, "Aye"; Turner, Guerrero, Hunt, Martin and McComb voting,
"No"; Schwing absent.
9. M89-0240
Motion authorizing a lease extension agreement with Corpus Christi Realty
Management, Inc. to extend the lease of 6,336 square feet situated in the
Commerce II Business Park, 4410 Dillon Lane, Suite 111 and 1/2, at the rental
rate of $5,258.88 per month. The base lease is to be amended by the Second
Lease Extension to extend for an additional term of twelve (12) months
commencing on October 1, 1989 and ending September 30, 1990. Funding for
this program is provided from the WIC budget.
Minutes
Regular Council Meeting
August 29, 1989
Page 7
The foregoing Motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing
absent.
* * * * * * * * * * * * * *
Relative to Item No. 15 on the Travis Avenue, Schanen Estates, Street and
Easement, Mayor Turner commented on a letter received from Travis Baptist Church
committee members requesting that either the land cost be significantly reduced
or that the church be allowed to pay the $60,450, the 1989 appraisal value owed,
over a ten-year period without interest. Mayor Turner inquired if there is a
precedent for a waiver or a long-term payout without interest, and Deputy City
Manager Garza responded by stating that it is not something which has been done
in the past. He stated that the City usually holds the street open until
receiving a cashiers check to assure that the City has the funding for the
payment of the street before proceeding with the closure. Mr. Garza elaborated
on the City's policy for street closures.
Council Member Moss suggested that a waiver be considered until such time
that the church sells the land.
City Attorney George pointed out that the local government code, as it
relates to sale of City property, including abandoned streets and rights of way,
specifies that land and those interests may not be sold, exchanged or conveyed
for less than the fair market value of the land or interest.
Council Member Hunt expressed the opinion that the church should be allowed
to pay the money out on a long-term payment.
Council Member Martin commented on a policy which was established by the
Council years ago. He stated that he would like to pass this item on the third
reading and request staff to study the issue of how the church can pay the
payment out under the most fairest terms.
In answer to a question from Council Member Guerrero, Deputy Manager Garza
stated that the street was dedicated to the City for public use; the City does
not own it in fee; but the City has the dominant rights of that street.
Council Member Guerrero suggested that a waiver be granted and that a plan
be worked out with the church, and Deputy Manager Garza inquired if this policy
regarding future closure requests would be the policy of just this one case or
will it govern all non-profit agencies.
Council Member Rhodes expressed the opinion that it is a good law and it
keeps elected officials from giving away public property. She stated that if
someone dedicates a right of way to the City and eventually the City closes the
street, it does not seem fair to charge them for something they gave the City.
She stated that the City should get money back for improvements made on the
street.
Minutes
Regular Council Meeting
August 29, 1989
Page 8
Discussion followed and Council Member Martin stated that the Council
should study the previous policy which was adopted by another Council. He
stated that in this case, according to the City policy, the closure of this
street that reverts to the church or the adjoining property owners, specifies
that they must pay the City fair -market value for the street. He stated that
the Council should determine the fair -market value. He suggested that the
policy statement be amended for non-profit agencies.
Mayor Turner indicated that the majority of the Council would like to see
relief provided for this group and subsequent groups and suggested that the
staff provide the church with several options.
Council Member Rhodes stated that she does not believe the Council has the
right to give non-profit organizations public property, if that is going to be
the general policy of the Council.
Reverend Bill Storm, Senior Minister of Travis Church, indicated that the
church has not budgeted for this expense and is not trying to abandon their
responsibility to the community. He stated that the church did dedicate a
portion of the street to the City. He expressed appreciation to the Council for
considering several options and asked about the church's commitment.
City Attorney George read the provisions of the ordinance in reference to
the $60,450 payment, and Council Member Martin made a motion that the ordinance
be amended prior to the third reading to change the language in the ordinance
subject to payment of fair -market value in a manner to be determined by the City
Council.
The motion was seconded by Council Member Rhodes and passed unanimously.
Assistant City Secretary Zahn polled the Council for their votes and the
following Ordinances were passed:
15. ORDINANCE NO. 20758
CLOSING AND ABANDONING TRAVIS AVENUE FROM SCHANEN BOULEVARD TO DUBLIN DRIVE
ADJACENT TO LOTS 8 AND 9, SCHANEN ESTATES UNIT 1, SHOWN BY PLAT IN VOLUME
20, PAGE 17, MAP RECORDS, NUECES COUNTY, TEXAS, AND ADJACENT TO LOTS 23 AND
24, SCHANEN ESTATES UNIT 3, SHOWN BY PLAT IN VOLUME 24, PAGE 12, MAP
RECORDS, NUECES COUNTY, TEXAS, SUBJECT TO THE PROVISIONS LISTED BELOW.
The foregoing Ordinance, as amended, passed on third reading by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss and
Rhodes voting, "Aye"; Schwing absent.
16. ORDINANCE NO. 20759
CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT LOCATED BETWEEN LOT
9, SCHANEN ESTATES UNIT 1, AND LOT 23, SCHANEN ESTATES UNIT 3, CLOSING THE
Minutes
Regular Council Meeting
August 29, 1989
Page 9
NORTHWESTERN 119 FEET OF THE 10 -FOOT UTILITY EASEMENT LOCATED BETWEEN LOT 8
SCHANEN ESTATES UNIT 1 AND LOT 24 SCHANEN ESTATES UNIT 3 AND LEAVING OPEN
THE REMAINING 250 FEET OF THE 10 -FOOT EASEMENT BETWEEN SAID LOT 8 AND LOT
24 SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye";
Martin absent at the time the vote was taken; Schwing absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 17 thru 24, noting that Item
No. 21 is withdrawn for discussion.
Relative to Item No. 18 on the Nueces County/City Beach cleaning agreement,
Council Member Hunt expressed the opinion that this piece of property should be
deannexed and given back to the county.
Council Member Rhodes questioned why the City annexed that piece of
property, and City Manager Garza requested that this item be withdrawn so that
staff could check into the matter.
Council Member Guerrero requested that staff study the prcoedure for
deannexation and if deannexation is possible.
Pertaining to Item No. 19 on the consultant agreement for asbestos removal
at police headquarters, Council Member Moss inquired about the project, and City
Manager Garza stated that the bids will be out in September; the design phase of
the project took longer than expected; and the architect is aware of the City's
deadline.
Relative to Item No. 20 on the submission of step DWI and TRASER grant
applications to the State Department of Highways and Public Transportation,
Mayor Turner expressed concern regarding the DWI enforcement step. She stated
that the City's share is expensive and expressed concern about the money for
part-time employees, stating that the salaries could be paid for two full-time
officers. She asked if the City will gain anything by participating in this
grant and if the City would not be better off using the allocation to hire two
new people.
Chief Robert Olson elaborated on the program. He stated that the $65,746
is the City's match and he noted that expediency is the issue. He stated that
it is a concentrated activity and the impart of the program will be significant
because it adds to the Police Department's normal operation.
A short discussion followed and Chief Olson responded to questions raised
by various Council Members.
Pertaining to Item No. 24 on Amending Chapter 37, City Code relating to
pawnbrokers, Council Member McComb expressed concern about the fingerprinting
Minutes
Regular Council Meeting
August 29, 1989
Page 10
aspect of the ordinance. He stated that it implies that everyone is a crook and
is an invasion of privacy.
City Manager Garza pointed out that the entire process is intended as a
safeguard.
Various Council Members objected to the proposed thumbprinting of pawnshop
loan customers and stated that it would be unreasonable to require all people
who pawn merchandise to submit to the proposed thumbprinting. The Council
Members expressed concern that the fleamarkets are not included in the
ordinance.
Council Member Rhodes stated that the ordinance is necessary and a
thumbprint is simply a means of identification. She stated that the proposed
regulations are necessary to fight the City's escalating burglary rate.
City Attorney George commented on how the ordinance was developed and
elaborated on the reasons why fleamarkets were not included.
Ms. Theresa Rasco Jones stated that her family has operated pawnshops for
years. She presented material to the Council relative to the state statutes;
she commented on the state statutes; and she explained the pawnshop tickets.
Ms. Jones stated that the majority of people who pawn items are low-income
people and it would be unfair to have them fingerprinted.
A woman, who identified herself as the past president of the local
Pawnbrokers Association, expressed opposition to the pawnshop regulations,
stating that her family has been in the pawnbroker business for fifty years.
She stated that most of the customers are elderly or people with a low income.
She stressed that the pawnbrokers do work with the Police Department.
Mr. Benny Benavides, 2421 Cleo, expressed the opinion that pawnshop
operators are not crooks. He commented about items confiscated by the Police
and spoke on the issue of youngsters who roam the City streets in the evening.
Mr. Kyle Rosene, 6726 Hunt Drive, commented on an incident whereby his
son's bicycle was stolen and found in a pawnshop. He stated that he has a
background in criminal justice and expressed concern that there are faults in
the system. He suggested that the system be computerized.
Chief Robert Olson and Senior Officer J. R. Rodriguez commented on the
pawnshop tickets, how they are turned into the Police Department, and how
tickets are checked against stolen property.
After more discussion Council Member Guerrero made a motion to table this
Item and instruct staff to study and refine the proposed regulations and obtain
comments from representatives of the pawnshop industry. The motion was seconded
by Mayor Pro Tem Berlanga and passed by the following vote: Berlanga, Guerrero,
Minutes
Regular Council Meeting
August 29, 1989
Page 11
Hunt, McComb and Moss voting, "Aye"; Turner, Martin and Rhodes voting, "No";
Schwing absent.
Mayor Turner suggested that staff provide a recommendation for ways to
computerize the system, a better way to identify stolen property and a way to
apprehend individuals who fence items. She stated that there should be an
incentive for pawnshop owners which would encourage them to call the City if
they receive items that are of a questionable nature.
Council Member Martin expressed objection to tabling this item. He stated
that strengthening public safety should be one of the Council's highest
priorities. He stated that a serious problem in the City is stolen merchandise.
City Secretary Chapa polled the Council for their votes and the following
were passed:
17. 1489-0241
Motion authorizing the City Manager to execute an agreement with the Boys
and Girls Club of Corpus Christi for the renovation and remodeling of the
facilities at 3902 Greenwood.
The foregoing Motion passed by the following vote: Turner, Berlanga,
Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the
time the vote was taken; Schwing absent.
18. Deferred
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19. 1489-0242
Motion authorizing a consultant services agreement with BMW Engineering,
Inc. for daily inspection and air monitoring services during the asbestos
removal at Police Headquarters Building, 120 North Chaparral for a fixed
fee of $17,800.
The foregoing Motion passed by the following vote: Turner, Berlanga,
Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the
time the vote was taken; Schwing absent.
Minutes
Regular Council Meeting
August 29, 1989
Page 12
20. M89-0243
Motion approving and authorizing the submission of the following grant
applications to the State Department of Highways and Public Transportation
and to sign all related documents:
a. DWI Enforcement STEP: To increase the number of DWI arrests and
reduce the rate of DWI involvement in traffic accidents. The state
will fund 50% of the project or $65,746 with the City's 507,
contribution provided for in the Police operating budget.
b. TRASER STEP: A continuation grant utilizing an automated traffic
system for accidents and citations in an effort to reduce traffic
accidents. The state will fund 100% of the project or $29,045.
The foregoing Motion passed by the following vote: Berlanga, Hunt, Martin,
McComb, Moss and Rhodes voting, "Aye"; Turner voting, "No"; Guerrero absent
at the time the vote was taken; Schwing absent.
22. ORDINANCE NO. 20760
AMENDING THE CODE OF ORDINANCES, CHAPTER 33, OFFENSES AND MISCELLANEOUS
PROVISIONS, BY ADDING A NEW SECTION 33-62, DISPLAY OF GLUE OR AEROSOL
PAINT; CREATING AN OFFENSE: AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes
voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing
absent.
23. ORDINANCE NO. 20761
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ALBERTO R. HUERTA BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 12, BLOCK 1,
VIRGINIA PLACE UNIT 3 FROM "11-1B" ONE -FAMILY DWELLING DISTRICT TO "3-1"
NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Rhodes
voting, "Aye"; Guerrero absent at the time the vote was taken; Schwing
absent.
24. Tabled
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Minutes
Regular Council Meeting
August 29, 1989
Page 13
* * * * * * * * * * * * *
Relative to Item No. 21 on the Trunked Radio System project, Dan Hobbs,
Director of Management and Budget, briefly explained the recommendation, noting
that this item will provide increased personal safety for the police officers
and firefighters. He stated that the purchase of this system will create the
system that Corpus Christi will need to quickly recover from a natural disaster.
He explained the process for selecting the vendor and noted that the RTA is
funding some of the project.
Mr. Hobbs introduced various staff members who have worked on the trunked
radio system project, as well as representatives of Raymond Trott Company, the
consultant on the project. Mr. Hobbs briefly described the system and indicated
that the Fire, Police and Regional Transportation Authority were in concurrence
with the proposed contract. He explained that the system will meet the
communication needs of all City departments.
Council Member Moss inquired if this is the type of equipment that could be
tied in to area systems, and Mr. Hobbs stated that it could.
Council Member Rhodes inquired about the funding for the project since the
bond fund total for the communications system is only $1,300,000. Mr. Hobbs
explained that the funds available, plus the $928,122 to be contributed from
RTA, will provide sufficient funding for FY 1989-90, and that financing for the
balance of $1,910,950 will not start until FY 1990-91 from the Enterprise Funds
purchase of their share of the system and from funds freed up in reducing the
City Radio Maintenance budget. Mr. Hobbs also stated that the core equipment is
contained in the initial investment.
Council Member McComb questioned the additional cost of $30,000 a year for
the leasing of tower sites located at One Shoreline Plaza and in Robstown, and
Mr. Hobbs assured the Council that the City can pay lease payments for nineteen
years at lesser costs than if antennas were purchased.
Council Member Martin pointed out that the Council is discussing an item
that started in early 1980's; the Council has encouraged consolidation in
services; the City is approaching this with consolidation in mind; they have
been working out the financing; there is no question that communications should
be updated; and this is state-of-the-art equipment that will last for fifteen
years. Mr. Martin then recommended approval of the item and expressed the
opinion that this is something that the City Council can be very proud of.
Mayor Turner agreed and encouraged approval as soon as possible. She
inquired, however, if there would be any "down time" for installation, and Mr.
Hobbs replied that the plan is to operate both systems during installation.
Mayor Turner questioned some of the terms of the contract, specifically
that it should be clear that there are no additional expenses for the City and
that the local subcontractors should be given preference over out-of-town
companies whenever possible.
Minutes
Regular Council Meeting
August 29, 1989
Page 14
Mr. Hobbs and Mr. John Bell, Attorney for RTA, explained that many of those
issues are addressed in other areas of the contract and assured the Mayor that
side letters to the contractor could be sent to cover her areas of concern.
Mayor Turner then called for comments from the audience.
Mr. Raymond Hasker, 1813 Wallace, referred to the funding for the project
and registered his objections to the use of utility funds for this purpose. He
stated that it was his understanding that the City Charter requires that utility
funds should remain in that department.
Mr. Bob Reyna, 1821 Roslyn, suggested that the contract be awarded to the
Motorola Corporation because of their experience in radios.
There were no further comments from the audience. Mayor Turner then called
for the vote on the motion which passed as follows:
21. M89-0244
Motion authorizing the City Manager to jointly execute with the RTA the
contract to purchase and install a state -of -the art 800 Trunked Radio
Communications System from General Electric. The total contract is
$4,139,072, with the RTA paying for $928,122.
The foregoing Motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time
the vote was taken; Schwing absent.
Mayor Turner announced the assessment hearing for the Gardendale Area
Street Improvements Phase II, indicating assessments of $171,623.03 on 135
items.
City Attorney George stated that this hearing is required by Article 1105-B
of VACS which specifies that the City must prove the property involved will be
enhanced at least in the amounts of the assessments. He called as his first
witness, Mr. Carl Crull.
Through questioning of Mr. Crull, Mr. George determined that he is the
Director of Engineering Services for the City of Corpus Christi; he has been
employed by the City for nine years; he is a registered professional engineer in
the state of Texas; he has a degree in Civil Engineering; and he is familiar
with the project.
Mr. Crull testified that the project will include improvements to the
Gardendale Area, Phase II project - Curtis Clark Drive from Everhart Road to
South Staples Street and he elaborated on the improvements. He stated that Haas
Paving Company, Inc. submitted the low bid of $569,866.10 and that the
preliminary assessments totaled $171,623.03.
Minutes
Regular Council Meeting
August 29, 1989
Page 15
Mr. George called as his next witness Mr. George Paraskevas to provide his
expert testimony on the assessment roll.
Mr. George questioned Mr. Paraskevas and ascertained that he is a real
estate broker; he has a broker and real estate license; he appraises both
commercial and residential property; he is familiar with the project; he has
examined each parcel; he has examined the assessment roll and is familiar with
the amounts.
Mr. Paraskevas stated that, in his opinion, all of the property will be
enhanced at least in the amount of the assessments.
No one from the audience spoke in opposition.
A motion was made by Council Member McComb to close the public hearing;
seconded by Council Member Moss and passed unanimously; Schwing absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
26. Application No. 789-5, Laidlaw Waste Systems, Inc.: For a change of zoning
from "I-2" Light Industrial District to "I-3" Heavy Industrial District on
a one -acre portion of Lot 9, Brown -Lex Tract, located west of South Padre
Island Drive, and north of Old Brownsville Road.
Mayor Turner indicated that both the Planning Commission & Staff recommend
denial of "I-3" on the entire tract, and in lieu thereof, approve "I-3" on a 50'
x 50' portion of the property.
Mayor Turner inquired if the recommendation is acceptable to the applicant,
and he replied in the affirmative.
There were no objections from the audience.
Council Member Martin indicated that more zoning cases of this type will
come before the Council because of the EPA regulations. He indicated that the
City's zoning ordinance does not distinguish between underground and above
ground storage facilities. He suggested that the ordinance be amended and that
the staff study the entire issue.
A motion was made by Mayor Pro Tem Berlanga to close the public hearing;
seconded by Council Member Moss and passed unanimously; Schwing absent.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
Minutes
Regular Council Meeting
August 29, 1989
Page 16
ORDINANCE NO. 20762
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LAIDLAW WASTE SYSTEMS,
INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 9,
BROWN -LEX TRACT, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "1-3" HEAVY
INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss and
Rhodes voting, "Aye"; Schwing absent.
* * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
Assistant City Manager Debra Andrews presented a Certificate of Excellence
in Financial Reporting to Finance Director Jorge Garza.
City Manager Garza commented on the recycling issue and stated that staff
is putting together a program relative to this issue which will be presented to
the Council.
Mayor Turner stated that the battleship "Wisconsin" will arrive in Corpus
Christi Thursday morning and she invited the Council Members to the welcoming
ceremony.
She commented on a request from Walter Deville, Chairman of the Zoning
Board of Adjustments, that the City Council initiate a study to update the
"I-3," Heavy Industrial Zone "objectionable uses" requirement and
classifications.
Mayor Turner stated that the Coastal Bend Council of Mayors is interested
in sponsoring a water conference and is putting together a regional task force.
She stated that if any of the Council Members are interested, they can become
involved.
Mayor Turner read from a statement relative to the Management Audit. She
identified the Management Audit Task Force and commented on their charge and the
time frame for the audit.,
Mayor Turner called for reports from the Council.
Council Member Rhodes informed the Council that her appointment to the
Quincentennial Commission was Marcie Beattie who moved to San Antonio and she is
being replaced by Michele Mooney.
Council Member McComb commented on the landscaping on Saratoga Boulevard.
He referred to landscaping on Whitecap Boulevard which is very attractive and
has a low maintenance cost.
Minutes
Regular Council Meeting
August 29, 1989
Page 17
Council Member Martin commented on the issue of the medical waste
incinerator planned for the northwest area. He stated that the Council should
adopt a stronger resolution that the City does not want to locate waste disposal
facilities inside the City limits.
Discussion ensued and various Council Members expressed concern about the
location of the project and about the residents and school officials in the
proposed area who are raising funds to try and protect the environment.
A motion was made by Council Member Guerrero to instruct staff to draft a
strong resolution opposing the permit by Enviromed, Inc. and develop an
ordinance which deals with hazardous type waste issues. Mr. Guerrero suggested
that the City help Enviromed, Inc. find an alternate location for the
incinerator outside the City limits.
Council Member Martin raised questions which were responded to by Assistant
City Manager Elizondo relative to Enviromed's building permit. Mr. Martin added
a friendly amendment to Mr. Guerrero's motion that it include the revoking of
Enviromed's building permit if it would be is legal.
The motion was seconded by Council Member Hunt and passed unanimously;
Schwing absent.
Council Member Hunt commented on a TML seminar on hazardous waste on
September 15, 1989 in Garland, Texas. He suggested that a member of the City
staff attend the seminar.
Council Member Guerrero commented on the issue of trash on McArdle between
Kostoryz and Ayers.
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Ms. Kay Noyes, 930 Coral, commented on an issue of trash in shopping center
parking lots and suggested secured perforated containers be placed in
appropriate places in shopping centers.
Mayor Turner recessed the Council Meeting at 6:30 p.m. and the Council went
into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S. with
regard to advice from City Attorney and discussion with respect to pending or
contemplated litigation.
Mayor Turner reconvened the Council Meeting and adjourned the meeting at
7:00 p.m. on August 29, 1989.
* * * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Special Council Meeting of the City of Corpus Christi of
August 29, 1989, which were approved by the City Council on September 5, 1989.
WITNESSETH MY HAND AND SEAL, this the Al day of Serr
1989.
Aleif Sr --
Armando Chapa
City Secretary
Betty Turn r, Mayor