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HomeMy WebLinkAboutMinutes City Council - 09/05/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 5, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Council Members: Leo Guerrero Tom Hunt Edward A. Martin Joe McComb * Clif Moss Mary Rhodes Frank Schwing City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chamber of City The invocation was delivered by Council Member Leo Guerrero following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Ed Martin. 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 29, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner and Mayor Pro Tem Berlanga welcomed dignitaries from Toledo, Spain, the Sister City of Corpus Christi. Greetings and gifts were exchanged by the dignitaries and Mayor Turner read a Proclamation declaring September 5, 1989 as "Toledo, Spain Day." * Council Member McComb arrived at 2:35 p.m. Mayor Turner declared a five-minute recess. Mayor Turner reconvened the Council Meeting and administered the Oaths of Office to the following Board and Committee appointees: John Otto - Food Services Advisory Committee; Koushik Shaw - Human Relations Commission; Anne Dodson - Citizens Advisory Health Board; Gloria Henson - Civil Service Board & Commission; and S. Loyd Neal - Private Industry Council. MICROFILMED ......,•.,-. Minutes Regular Council Meeting September 5, 1989 Page 2 The Council agreed that Board and Committee appointments should be postponed for two weeks. * * * * * * * * * * * * * Mayor Turner called for consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 24 and Council Members requested that Items 3, 4, 5, 6 and 11 be withheld for discussion and City Manager Garza withdrew Item No. 24. There were no questions from the audience on the other items. City Secretary Chapa called the roll and the following were passed: 1. M89-0245 Motion approving a supply agreement for sludge dewatering polymers in accordance with Bid Invitation No. 3I-0254-89 with Allied Colloids based on the low bid of $105,500. 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. This chemical will be used for treatment of wastewater by the Wastewater Division. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 2. M89-0246 Motion approving a supply agreement for printing paper in accordance with Bid Invitation No. 3I-0268-89 with Monarch Paper Co. for the amount of $25,428.22 based on low bid. The term of the agreement 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. This paper will be used by various departments throughout the City. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 7. M89-0251 Motion accepting the installation of new carpet at the Bayfront Plaza Convention Center; assessing liquidated damages of $2,400 for non-compliance with the Minority Business Enterprise contract requirement; granting a 53 -day time extension; and authorizing final payment of $18,212.60 to San Antonio Floor Finishers, Inc. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. linutes Regular Council Meeting September 5, 1989 Page 3 8. M89-0252 Motion approving Change Order No. 3 in the amount of $14,672 to the contract with A. Ortiz Construction and Paving, Inc. for additional street work in the Allen School Area Street Improvements, Phase I project. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 9. M89-0253 Motion approving a request from Bayfest, Inc. to close the following street sections for Bayfest '89 on September 29, 30, and October 1, 1989: a. West Shoreline Hughes Street, 4, 1989. b. Belden, Power, between Water Boulevard, between westbound Interstate 37 and from Monday, September 18, through Wednesday, October Palo Alto, Fitzgerald, Resaca and Hughes streets, Street and East Shoreline Boulevard; Water Street between Fitzgerald and Hughes Streets; and East Shoreline Boulevard between westbound Interstate 37 and Hughes Street, from Friday, September 29, through Sunday, October 1, 1989. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 10. M89-0254 Motion awarding a contract in the amount of $151,172 to Bay, Inc. for the first phase of improvements necessary to expand the Elliott Sanitary Landfill. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 12. M89-0256 Motion awarding a contract in the amount of $302,746.85 to Bay, Inc. for the second phase of the sanitary sewer rehabilitation in the Saxet Heights area. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. linutes Regular Council Meeting September 5, 1989 Page 4 13. M89-0257 Motion accepting the Hampshire/Yale Street Improvements project, and authorizing final payment of $61,387.03 plus interest on retainage to Haas Paving Company, Inc. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 14. ORDINANCE NO. 20763 AMENDING ORDINANCE NO. FINAL ASSESSMENT ROLL HAMPSHIRE ROAD & YALE Padre Island Drive, 2. 3. Vestal Street, from from Sherman Street to 20513 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: STREET - 1. Hampshire Road, from Benys Road to North Yale Street, from Prescott Street to Vestal Street, Yale Street to Sherman Street, and 4. Vitemb Street, Horne Road; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 15. M89-0258 Motion approving supply agreements for library books and cassettes with the following companies in accordance with Bid Invitation No. BI -0185-89 based on low bid and best bid for an estimated total of $405,000. The terms of these agreements 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. These books and cassettes will be for the Corpus Christi and South Texas Library Systems. Baker & Taylor Book Wholesalers, Inc. Estimated Total: $354,000 Estimated Total: $51,000 The foregoing motion Martin, McComb, Moss at the time the vote 16. M89-0259 passed by the following vote: Turner, Guerrero, Hunt, and Rhodes voting, "Aye"; Berlanga and Schwing absent was taken. Motion authorizing the City Manager or his designee to execute contracts with the Texas State Library in the amount of $731,576 for the continued operation of the South Texas Library System in SFY 1989-90. The South Texas Library System is headquartered and administered through the Corpus Christi Public Library. Minutes Regular Council Meeting September 5, 1989 Page 5 The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 17. M89-0260 Motion authorizing the City Manager or his designee to execute a contract with the Texas State Library for Major Urban Resources Library (MURLs) grant funds in the amount of $21,184. These funds will be used to purchase books and microfilm for the Local History/Genealogy collection at the Corpus Christi Public Library. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 18. M89-0261 Motion approving an agreement for architectural services with Kipp, Richter, and Associates in the amount of $33,500 for expansion of the Greenwood Library. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 19. RESOLUTION NO. 20764 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE TEXAS STATE LIBRARY FOR A LIBRARY SERVICES AND CONSTRUCTION ACT GRANT IN THE AMOUNT OF $100,000; AND APPROPRIATING $49,000 FROM THE LIBRARY TRUST ACCOUNT AS A PARTIAL MATCH FOR THE GREENWOOD BRANCH LIBRARY EXPANSION PROJECT. The foregoing resolution passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 20. Delayed for One Week ANENDING-4'43Fr--ZON-1-NG-GRDINANGS-Q+'ON-4PPirl-43AT404--WF-EGQ--QUFrGADA-r-S11-r-BY GRANTING--A--8P,C4AIr—Ek44r-444WR4=-q4N1---T;HR-Fr--BSTAGREB--SINGbE-FAMIEV DWEbbINGS-ON-b0T-8T-BbOGK-2T-GABANISS-AGRESI-AND-PEGLARING-AN-EMERGBNGY: 21. SECOND 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. Minutes Regular Council Meeting September 5, 1989 Page 6 The foregoing ordinance passed on second reading by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 22. ORDINANCE NO. 20765 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 third reading by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. 23. ORDINANCE NO. 20766 AUTHORIZING THE RENEWAL OF THREE YEAR LEASE AGREEMENTS WITH THE PADRE LITTLE -SENIOR LEAGUE FOR THE USE OF A TRACT OF LAND AT THE HOLLY ROAD WATER RESERVOIR SITE AND FOR THE USE OF A TRACT OF LAND AT SOUTH GUTH PARK FOR YOUTH SPORTS PURPOSES. The foregoing ordinance passed on third reading by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * In answer to a question from Council Member Rhodes on Item No. 3 regarding the contract with the Meadows Foundation and Ships of Exploration and Discovery Research, City Manager Garza indicated that the Meadows Foundation will grant $50,000 to the Corpus Christi Museum to support the continuation of this research project. Relative to a question from Council Member Rhodes on Item No. 4 relating to the application for title III/ D/B Homemaker I Grant for 1989-1990, City Manager Garza explained the funding for this program, stating that the City match includes $1,872.00 in in-kind services and $1,660.00 from Senior Community Services reserves. In response to a question from Mrs. Rhodes on Item No. 5 on the City Hall Dining Facility Concession Agreement, City Manager Garza stated that the prices in the cafeteria are reasonable and the food is very good. He stated that the concessionaires have made a significant investment; they are serving a limited market; and it is a good contract. Relative to Item No. 6 on the Morgan Avenue Water storage tank repair and painting, Mayor Turner expressed concern about the short time frame to complete the project, and City Manager Garza stated that he has spoken to staff to verify iinutes Regular Council Meeting September 5, 1989 Page 7 that the City's time requirements do not rule out some of the local painters who handle tanks. Pertaining to Item No. 11 on the Elliott Sanitary Landfill Drainage, Parcel 1 purchase, Mayor Turner inquired if the Navy had offered any comments regarding this purchase, and Deputy City Manager Garza responded by stating that the City coordinates with the Navy only on general operations and staff will inform them of the City's purchase in connection with the Elliott Sanitary Landfill drainage project. Relative to Item No. 20 on Zoning Application No. 689-3, Council Member Rhodes inquired about the staff's recommendation, and Planning Director Brandol Harvey stated that staff is recommending approval of the application based on the Council's direction to develop a site plan with the applicant. He indicated that the site plan developed by staff meets the Council's concerns more than the applicant's site plan. Mr. Jose Mario Martinez, 2101 Frederick Drive, expressed opposition to the zoning application. He stated that the houses on the applicant's lot have not been maintained or painted and that property owners in the area are opposed to rental property. He stated that he has checked with them and fifteen are in opposition to this application and five are in favor. The applicant, Mr. Elfego Quesada, Sr., stated that he has no objections to the staff's site plan and that his proposed plans will enhance the property. Council Member Rhodes stated that at the public hearing, the neighbors expressed opposition to apartments on the lot but did not object to the applicant moving a house on the lot. Ms. Carmen Gonzalez, a neighbor, expressed opposition to the zoning application, stating that the applicant has not made any improvements to the houses and did not fix the sewer problems. She stated that the neighborhood looks unkempt because the renters do not take care of the houses. Council Member Hunt inquired if a stipulation could require that the houses be brought up to code within a specific amount of time. Mr. Harvey stated that normally the conditions of a special permit relate directly to the requirements of the zoning ordinance. He stated that a special permit can be given a definite time period; this permit could require bringing all the properties on the lot up to standard by a specific time period; and if that has not been done, the special permit would be revoked. Mr. Harvey indicated that because of the five neighbors in opposition, the twenty -percent rule of the Council will be in effect. Discussion followed and Council Member Martin stated that he would support the site plan and special use permit. He made a motion to delay approval for one week so that staff could provide a report of the condition of the two units - linutes Regular Council Meeting September 5, 1989 Page 8 on the existing property and the condition of the house which will be moved. He suggested that the request be held up until the existing structures are put in shape. The motion was seconded by Council Member Moss. The applicant stated that he has to move the house as soon as possible because of the state highway. He stated that he does not have much time because this has been delayed about two months. The motion passed unanimously. Mr. Jose Martinez, who spoke previously, indicated that he would like more advance notice of the discussion of this item so that the neighbors can attend, and he was informed that the item will be on next week's agenda. City Secretary Chapa polled the Council for their votes and the following items were passed or delayed. 3. 1489-0247 Motion authorizing a contract for a grant of $50,000 from the Meadows Foundation and a contract with Ships of Exploration and Discovery Research for the continuation of the search for the caravel ship Gallega abandoned in Rio Helen, Panama, by Christopher Columbus in 1503. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 4. 1489-0248 Motion authorizing the City Manager or his designee to application and execute a contract with the Coastal Bend Governments for continuation of the Title III -D Homemaker I Corpus Christi. includes $26,137 The City's match Senior Community submit an Council of Program in The total budget for the contract is $29,669. This in Title III D/B Federal funds and $3,532 in City match. includes $1,872 in in-kind services and $1,660 from the Services reserves. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 5. 1489-0249 Motion authorizing the City Manager to enter into a contract with Mary Jane Ortega, dba Marlin Cafe, to provide cafeteria service at City Hall for a term of three years. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." Minutes Regular Council Meeting September 5, 1989 Page 9 6. M89-0250 Motion accepting the improvements to the water storage tank on Morgan Avenue; granting a 10 -day time extension to the contractor; and authorizing final payment of $35,914.06 to Travis Industrial Painters, Inc. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 11. M89-0255 Motion authorizing acquisition of a parcel of land located north of Oso Creek between Chapman Ranch Road and Greenwood Drive for $20,000 from Victor Frank Simcik, et al, in connection with the Elliott Sanitary Landfill Drainage Project, as a result of condemnation proceedings. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 24. Withdrawn G1,96ING--A/443-4.13ANDON4-4AMfSON-47Wrr-4.-6G-F09T-4.14-D.B-4414144KAW.D--STREET BETWEEN-47BOPARD—STREET--ANI3-441T-ER-STA4T,--1.114H4M1.--3-7--1*-4k934.1-DE,GOMMERG;AL SITESt-SUBJEGT-TO-GERTAIN-PROVIBIONST * * * * * * * * * * * * * Mayor Turner called for consideration of Items 25 thru 28. Carl Crull, Engineering Services Director, provided a brief informational report on Items 25 thru 28 which are all airport -related items. Relative to the contract on the lighting of the runways with Hallmark Electrical Contractors, the firm who filed bankruptcy, Council Member Moss inquired if the City should file a claim in bankruptcy court on behalf of the City, and City Manager Garza responded by stating that is a very good idea and staff will follow it up immediately. In reference to a question from Council Member Moss about relocating the airfield electrical vault, Mr. Crull responded by stating that the vault will be located away from the runways and there are sufficient clearances to meet the FAA guidelines. Deputy City Manager Garza informed the Council that relative to the termination of the contract with W. P. Wills Consulting Engineers, it is not being done on amicable terms; Mr. Wills has been notified of the termination; and he is contesting the termination. There were no comments from the audience on the items. 4inutes Regular Council Meeting September 5, 1989 Page 10 City Secretary Chapa polled the Council for their votes and the following were passed: 25. M89-0262 Motion authorizing the deletion of portions of the contract with Hallmark Electrical Contractors, Inc. for the rehabilitation of Runway 13/31 Taxiway System Lighting and the Runway 13/31 (HIRL) lighting system at Corpus Christi International Airport totalling $179,576.90. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 26. 1189-0263 Motion approving the following actions relative to improvements at Corpus Christi International Airport: (a) Authorizing the City Manager to terminate the contract for engineering services with the joint venture of W. P. Wills Consulting Engineers, Inc. and Shearer Engineering, Inc., for the Cross Taxiway and Commercial Ramp Expansion, and (b) Authorizing the City Manager or his designee to negotiate a contract for engineering services with a joint venture of the engineering firms of Jones and Nuese, Inc. and Parkhill, Smith and Cooper, Inc. for design of the Eastside General Aviation Apron and Taxiway A System. Should a satisfactory agreement not be reached with the joint venture, authorization to negotiate with the next most qualified proposer a joint venture of Goldsten Engineers, Inc. and Lockwood, Andrews and Newnan is requested. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 27. RESOLUTION NO. 20767 APPROVING AN AMENDMENT TO FAA GRANT OFFER TO AMEND THE PROJECT DESCRIPTION TO INCLUDE CONSTRUCTION OF A NEW AIRFIELD ELECTRICAL VAULT AND AUTHORIZE A SUPPLEMENTAL AGREEMENT TO BAY INC.'S CONTRACT TO CONSTRUCT A NEW AIRFIELD ELECTRICAL VAULT. The foregoing resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 28. RESOLUTION NO. 20768 ACCEPTING THE FAA GRANT OFFER OF $1,509,168 TO EXPAND THE COMMERCIAL APRON AND EXTEND, MARK, AND LIGHT TAXIWAY J. Minutes Regular Council Meeting September 5, 1989 Page 11 The foregoing resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 29 and 30. Relative to Item No. 30 on the beach cleaning agreement, Council Member Hunt stated that he had suggested de -annexing this piece of property and giving it back to the county. He inquired about the reason it was annexed, and City Manager Garza responded by stating that the annexation was necessary because of a state law requirement that only land within the City limits could be leased to the City by the Texas General Land office. He stated that the lease area includes the bus turnaround at the end of Whitecap Boulevard. Mr. Raymond Hasker, 1813 Wallace, inquired about the reason for annexing this piece of land and commented on the City Manager's explanation. He stated that the City should give the land back to the county. Mr. Hasker also commented on the issue relative to the Bob Hall Fishing Pier. City Secretary Chapa polled the Council for their votes and the following motions were passed: 29. M89-0264 Motion authorizing the acquisition of Lot 3, Block 60, Beach Portion located on the west side of N. Mesquite between Resaca and Fitzgerald streets from Iverson H. Lout and appropriating funds in the amount of $161,666.14 from the Economic Development Trust Fund. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 30. 1489-0265 Motion approving an agreement with Nueces County in the amount of $43,000 for beach cleaning, life guards, and related services within the City on the Gulf of Mexico Beach along and south of the Padre Island seawall from September 1, 1989, through August 31, 1990. The foregoing motion passed by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting, "No"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 31 thru 33. iinutes Regular Council Meeting September 5, 1989 Page 12 Relative to Item No. 31 on the application of Enviromed, Inc., City Manager Garza indicated that the City revoked their permit because the site plan did not correctly refer to sewer service. He stated that they can reapply for the permit and verify that they intend to obtain sewer service. Council Member McComb expressed the opinion that the City should find a way to deal effectively with infectious medical waste. Mr. McComb asked if there is a grandfather clause for those operations that the City currently has, and City Manager Garza indicated that staff will provide a recommendation on that matter. Relative to Item No. 33 on the agreement with the Heart of Corpus Christi, Council Member Hunt stated that the City created a Reinvestment Tax Zone; the City approved a three-year contract with the Heart of Corpus Christi for $75,000 a year; and the City approved more funds for the Heart of Corpus Christi thru CDBG funding. He stated that there should be a limit of how much money will be put into the downtown area, stating that there are other areas that need money. He indicated that he does not see the rush on this item and suggested that it be postponed. Discussion followed and Council Member Martin pointed out that the City is indicating well in advance that this is the end of the seed money. Mayor Pro Tem Berlanga stated that the Heart of Corpus Christi needs support from the City and the Reinvestment Zone is a powerful tool which they have used. He indicated that when the City ceases support of the Heart of Corpus Christi, they will endeavor to find ways to obtain funding from other sources in order to operate. Mayor Turner stated that she is pleased that the Heart of Corpus Christi is taking responsibility for future funding and that they intend to be self-sufficient. Council Member Guerrero made a motion to add a clause to the amended agreement whereby any breach of this agreement now or thru the term shall render the agreement null and void. The motion was seconded by Council Member Hunt and passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga voting, "No." City Secretary Chapa polled the Council for their votes and the following were passed: 31. RESOLUTION NO. 20769 URGING THE TEXAS DEPARTMENT OF HEALTH TO DISAPPROVE THE APPLICATION OF ENVIROMED, INC., FOR A PERMIT TO OPERATE A PROPOSED TYPE V MUNICIPAL SOLID Minutes Regular Council Meeting September 5, 1989 Page 13 WASTE SITE (INCINERATOR FOR SPECIAL WASTE FROM HEALTH CARE RELATED FACILITIES) TO BE LOCATED AT 7433 LEOPARD STREET, CORPUS CHRISTI, TEXAS, AND AUTHORIZING THE CITY MANAGER TO TAKE THE APPROPRIATE ACTION TO OPPOSE THE APPLICATION. The foregoing resolution passed by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner abstaining. 32. M89-0266 Motion directing the City Manager to prepare a recommendation to establish regulations for the disposal of hazardous waste such as infectious waste at locations within the City limits and within 5,000 feet of the City limits. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 33. RESOLUTION NO. 20770 AMENDING RESOLUTION 19867 AND AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH HEART OF CORPUS CHRISTI, INC. FOR SERVICES ASSISTING THE CITY IN REVITALIZING THE DOWNTOWN/UPTOWN AREA. The foregoing resolution passed by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt voting, "No." * * * * * * * * * * * * * Mayor Turner announced application: 36. Application No. 889-3, "I-2" Light Industrial "SP" Special Permit to Industrial Subdivision Drive, south of Forest the public hearing on the following zoning Nueces County, Texas: For a change of zoning from District and "I-2" Light Industrial District with a "3-4" General Business District on Lot 1, Block 15, , located on the west side of North Padre Island Lane. Mayor Turner stated that the Planning Commission recommends denial of the application and the Planning Staff recommends approval. Planning Director Brandol Harvey provided background information on the zoning application request for a zoning change from "1-2" Light Industrial and "I-2" Light Industrial District with a "SP" Special Permit to "B-4" General Business District. He stated that the requested zoning change is necessary to allow further jail expansion within the McKinzie Jail Annex. He stated that the county is currently operating under a special permit for a low-risk, minimum security jail with 242 beds permitted. He stated that the requested change of WON.. Minutes Regular Council Meeting September 5, 1989 Page 14 zoning should be granted to give the county the flexibility to make changes and additions to the jail facility when necessary as long as zoning ordinance requirements for "3-4" are met. Mr. Harvey also reviewed the status of the Planning Commission's recommendation. • Council Member Guerrero asked a series of specific questions which were responded to by Mr. Harvey. Mr. Guerrero also inquired what happens if a special permit is violated, and Mr. Harvey responded by stating that if there is a violation, a notice is issued to correct the violation; and if after the period of notification it has not been corrected, a citation is issued. Mr. Harvey stated that he does not know if the county is in violation of the special permit. Council Member Hunt stated that it is unfortunate that the county did not go thru the proper procedures but the issue is where to house these prisoners. Mr. Hunt expressed the opinion that the City should show cooperation and good faith. Council Member Guerrero expressed concern that there has been a violation of the process; it is contrary to City ordinances; and it should be rectified. Judge Robert Barnes, Nueces County Judge, read from a prepared statement and provided an explanation of the request for the change of zoning. He reviewed the status of the jail situation and stated that 85 percent of the county's business is from the City of Corpus Corpus. He stated that the problem exists because the state does not adequately provide facilities for sentenced felons. Judge Barnes offered an apology that the county did not properly meet the time frame of the zoning. He commented on the criminal justice system and stated that circumstances beyond the county's control dictated the need for additional jails. The following individuals expressed opposition to the zoning application: 1. Mr. Danny Noyola commented on the inappropriate actions of Nueces County, stating that they are in violation. He stated that the county has started construction of the jail facility without the proper and legal zoning permits and has misrepresented themselves to the residents in the area; 2. Mr. Canales, Jose Drive, stated that the county has violated provisions of the ordinances and building codes and should be fined; 3. Mr. David Noyola expressed the opinion that the county should be fined because they have violated the City's zoning ordinance; 4. Mr. Philip Rosenstein stated that the county knew that they were in violation and he alleged that there was a cover-up involved; 5. Mr. Frank Gallardo, 4201 Dryer Circle, expressed opposition to a jail in his neighborhood area; 6. Ms. Dorothy Spann, 502 Del Mar, stated that the protection of the City is the greatest issue. She expressed the opinion that individuals who become violent or irate at a Council Meeting should be removed. State Representative Hugo Berlanga, a member of the legislature, stated that the legislature has not done a satisfactory job in dealing with the prison population, noting that they cannot build prisons fast enough to take care of Minutes Regular Council Meeting September 5, 1989 Page 15 the prison population. He stated that the situation is not going to get better; it will be a bigger problem; and it will become more severe. He suggested that the City and the county should begin serious discussions of how they will take care of the growing prison population. County Attorney Carlos Valdez, representing Nueces County, stated that the county has a very serious problem. He commented on the jail situation and stated that the county was forced to file a lawsuit against the state. He apologized to the City for the way the matter was handled and indicated that the county is trying to do the best they can. A motion was made by Council Member Martin to close the public hearing; seconded by Council Member McComb and passed unanimously. Discussion followed and Council Member Hunt made a motion that the Council approve the zoning as presented by staff. The motion was seconded by Council Member McComb. Council Member Guerrero stated that there are various issues involved and that the integrity of the process was violated. He stated that the jail necessity is clear; the City's laws have been broken; and staff should meet with the county to get the violations rectified. Council Member McComb expressed some concerns about the case because there were violations of the original special permit granted Nueces County for this property. He pointed out, however, that this Council continuously urges that more police officers be employed, that more criminals should be arrested, that the number of burglaries should be reduced, and all of these activities dictate the need for more jail space. Mr. McComb stated that because of these circumstances, he felt that the rezoning should be approved. There were no further comments on this application; City Secretary Chapa polled the Council for their votes on the ordinance; and it failed to pass as indicated by the vote: Failed to Pass AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES COUNTY, TEXAS, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 15, INDUSTRIAL SUBDIVISION FROM "I-2" LIGHT INDUSTRIAL DISTRICT AND "I-2" LIGHT INDUSTRIAL DISTRICT WITH A "SP" SPECIAL PERMIT TO "3-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance failed to pass by the following vote: Hunt, Martin, McComb and Moss voting, "Aye"; Berlanga, Guerrero, Rhodes and Schwing voting, "No"; Turner abstaining. Council Member Guerrero stated that the Council had made the point that there was a violation of the existing zoning by the county, but the City and the county should get together to resolve any penalties incurred and then consider linutes Regular Council Meeting September 5, 1989 Page 16 the zoning change that is necessary so that the jail needs can be met. He stated that he would put that in the form of a motion. Council Member Hunt questioned Mr. Guerrero's suggestion because the only solution to the problem is to approve the requested zoning. Council Member Guerrero then withdrew his motion. * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 35. Application No. 889-1, Realty Alliance of Texas, Ltd.: For a change of zoning from "B-4" General Business District to "B-5" Primary Business District on the northwestern i of Block 1, Tract D, Lokey Subdivision. Mayor Turner stated that the Planning Commission and Planning Staff recommend denial of "B-5", and in lieu thereof, grant a special permit for a 40 square foot freestanding sign not to exceed 20' in height, to be located in accordance with the attached site plan and restricting the existing sign to its present size. In response to a question from Mayor Turner, the applicant indicated that he had no problem with accepting the special permit as recommended by the Planning Commission and Staff. No one in the audience spoke in opposition to the application. Council Member Martin asked for an explanation of the reason for the request for the "B-5" zoning, and Director of Planning Brandol Harvey explained that the application was submitted in order for the owner of the strip shopping center to install an additional freestanding sign to be placed in the front 20' setback. City Planner Alice Terrall located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the shopping center in question. Ms. Terrell stated that the existing sign is less than 20 square feet in size; under the requested "B-5" zoning, the applicant would be allowed to erect a larger freestanding sign which would be a second sign on the property. Mr. Harvey further explained that the applicant wishes to place the additional freestanding sign at the other end of the strip shopping center, and the Planning Commission and Planning Staff recommend a special permit to allow for a 40 square foot freestanding sign not to exceed 20' in height, to be located in accordance with the approved site plan and restricting the existing sign to its present size. 4inutes Regular Council Meeting September 5, 1989 Page 17 Council Member Martin stated that he has a problem in approving this application because it would establish a precedent and any number of other shopping centers could approach the Council for the same consideration resulting In a proliferation of signs in neighborhood shopping centers. Council Member McComb pointed out that this is not a retail center; it is an office complex; and he did not see any need for the additional sign. Mr. Randy Carter, representing the applicant, informed the Council that the existing sign cannot be read by people traveling down Staples Street; their intent is not to detract from the neighborhood; but the owners feel that an additional sign would blend in well with the surroundings and still provide better identification of the occupants of the center. Council Member Rhodes stated that since this is a professional office complex, additional signage should not be necessary, and she agreed with Council Member Martin that approval of a special permit would establish a precedent and generate additional requests. No one else spoke in regard to this zoning application. A motion was made by Council Member Martin that the hearing be closed, seconded by Council Member McComb and passed unanimously. Mr. Harvey explained that the ordinance to be considered was to approve a special permit to allow a second sign that would not be larger than 40 square feet in size. Council Member Martin suggested that there may an alternate and noted that If the owner removed the 20 square foot sign, he could install a 40 square foot sign under the present zoning. Council Member McComb stated that he would not object to a second sign if the entire signage did not exceed 40 square feet in size. A motion was made by Council Member McComb to approve a special permit to allow a second sign to be installed provided that both signs did not exceed a total of 40 square feet. The motion was seconded by Council Member Martin and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance, as amended, was passed: ORDINANCE NO. 20771 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF REALTY ALLIANCE OF TEXAS, LTD. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A 20 SQUARE FOOT FREESTANDING SIGN NOT TO EXCEED 20' IN HEIGHT, TO BE LOCATED IN ACCORDANCE WITH THE ATTACHED SITE PLAN AND RESTRICTING THE EXISTING SIGN TO ITS PRESENT SIZE ON THE NORTHWESTERN ONE-HALF OF BLOCK 1, TRACT D, LOKEY SUBDIVISION; AND DECLARING AN EMERGENCY. linutes Regular Council Meeting September 5, 1989 Page 18 An emergency was declared and the foregoing ordinance 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. * * * * * * * * * * * * * * Following City Manager Garza's suggestion, Mayor Turner then announced that the Council would convene in closed session under the authority of Article 6252-17, Section 2, V.A.C.S., to discuss contemplated litigation. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 6:15 p.m. and called for consideration of Item No. 34 on the Ethics Ordinance. Council Member Martin presented six amendments to the Ethics Ordinance which he had submitted to the Council (copies of the motions attached). He made a motion to amend DIVISION I, Sec. 2-311-16. The motion was seconded by Council Member Moss and passed unanimously. The second motion by Mr. Martin amended DIVISION I, Sec. 2-312. The motion was seconded by Council Member Moss and passed unanimously. The third motion by Mr. Martin amended DIVISION II, Sec. 2-330 (d). The motion was seconded by Council Member Schwing and passed unanimously. The fourth motion by Mr. Martin amended DIVISION II, Sec. 2-330. Council Members Hunt and Rhodes raised some concerns regarding this motion and stated that they would not support it. The motion was seconded by Council Member McComb and passed by the following vote: Turner, Berlanga, Guerrero, Martin, McComb, Moss and Schwing voting, "Aye"; Hunt and Rhodes voting, "No." The fifth motion by Mr. Martin amended DIVISION II, Sec. 2-334 (a). The motion was seconded by Mayor Pro Tem Berlanga and passed unanimously. The sixth motion by Mr. Martin amended Division III, Sec. 2-341 and it was noted that the Board of Adjustment, Building Code Board of Appeals and Building Standards Board were removed from Mr. Martin's amendment. The motion was seconded by Council Member Rhodes and passed unanimously. City Attorney George conveyed apologies to the Council for John Bell, Co-chairman of the Ethics Commission, who could not be present for the discussion of this item. Mr. Bell's comments were read by Mr. George and are as follows: "I believe that Motion 112, Motion 113, and Motion 115 are consistent with the intent of the Ethics Commission. Motions 111, 4 and 6 involve issues which the commission had some strong feelings, and I would like the opportunity to discuss these issues before these motions are acted upon." Minutes Regular Council Meeting September 5, 1989 Page 19 City Manager Garza commented on Section 2-348 and suggested that the language be changed. This was discussed by the Council and it was their consensus that this item be passed on first reading and that before the second reading comments be obtained from the Ethics Commission and recommendations be presented to the Council. City Secretary Chapa polled the Council for their votes and the following ordinance, as amended, was passed on first reading: 34. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, BY REPEALING ARTICLE V, CODE OF ETHICS, IN ITS ENTIRETY, EXCEPT SEC. 2-317 WHICH IS HEREBY RENUMBERED AS SEC. 2-40, AND SUBSTITUTING THEREFOR A NEW ARTICLE V, CODE OF ETHICS. The foregoing ordinance, as amended, passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner commented on the recent visit of the Battleship Wisconsin to Corpus Christi. She commended everyone for making the sailors on the ship feel welcome. Mayor Turner called for Council Member's reports. Council Member Rhodes commented on an issue relative to a pipeline which will carry gas in the northwest section of the City. She stated that the neighbors are concerned; they called the Texas Railroad Commission; and there was a hearing. She stated that the residents might have been misled because the Railroad Commission told them that they could not do anything to stop this, but that their local officials had the authority to stop them from using the pipeline for gas. Mrs. Rhodes inquired if there is anything that could be done about this particular issue. City Manager Garza indicated that staff is studying the issue and he read a copy of the easements which were granted in July of 1933. City Attorney Alison Gallaway stated that the Railroad Commission is in charge of issuing all permits for pipelines in the State of Texas and she commented on the regulations for pipelines. She stated that the City of Corpus Christi could adopt guidelines which are more stringent than the Railroad Commission's guidelines but would not affect pipelines in the ground already. She stated that the particular pipeline has been tested and has been proven safe by the standards of the federal government. She noted that the Railroad Commission is the party in the state of Texas who decides whether a pipeline is Minutes Regular Council Meeting September 5, 1989 Page 20 safe. She stated that any time there is a non -permeable substance, vents are required for a release mechanism. She stated that the residents can petition the Railroad Commission but that the City does not have any regulations at present that deal with pipelines in the City limits. She indicated that the City's only option is to buy the pipeline. Jim Conn, Petroleum Inspection Superintendent, located the pipelines on the City map. The following residents in the area expressed concerns about the issue of the pipeline to transport gas: Mr. Jack Horton, 1117 Concho; Mr. Floyd Bieniek, 1109 Concho; Ms. Jannine Foster, 1118 Vernon; Mr. Robert Witherspoon, 5802 Academy Drive; Ms. Marie Grodecour, Manager of Lantana Square Apartment Complex, who stated that the pipeline runs directly underneath a playground which was installed in the apartment complex; Ms. Peggy Brishire, 1233 Manchester; and Mr. Victor Huff. Discussion followed and Council Member Guerrero made a motion to instruct the staff to draw up a resolution opposing the use of those lines for anything other than that which was originally intended and that this resolution be presented to the state authorities. The motion was seconded by Council Member Schwing. City Manager Garza indicated that he will have staff meet with the residents in the neighborhood and listen to their concerns. Council Member McComb pointed out that the other side of this issue has not had a chance to express themselves. He expressed concern that the entire City is laced with pipelines and the Council should be careful of positioning themselves to be anti -pipeline since the oil and gas industry is so important to our economy. He indicated that the resolution should be carefully worded. The motion passed unanimously. * * * * * * * * * * * * * Council Member Guerrero referred to Item No. 35 and stated that he would like to resolve the zoning issue with the county. He made a motion for reconsideration of the Nueces County zoning request. The motion was seconded by Mayor Pro Tem Berlanga and passed by the following vote: Berlanga, Guerrero, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes voting, "No"; Turner abstaining; Hunt absent at the time the vote was taken. Mr. Guerrero then moved that staff be instructed to resubmit an ordinance for consideration by the Council that will deny the "B-4" request of the county as affirmed earlier, and in lieu thereof, grant a special permit to the county for the McKenzie tract which will accommodate the needs of the county jail system; and that staff be instructed to take the necessary enforcement action to resolve the permitting and zoning violations by collecting the appropriate fees Minutes Regular Council Meeting September 5, 1989 Page 21 and penalties, as determined by the hearing court, with the intent to put those monies into neighborhood improvement of those neighborhoods affected by this zoning change. The motion was seconded by Mayor Pro Tem Berlanga and passed by the following vote: Berlanga, Guerrero, Martin, McComb, Moss and Schwing voting, "Aye"; Hunt and Rhodes voting, "No"; Turner abstaining. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza commented on the management committee for the county/tax office to represent the City on tax collection issues. He stated that the meeting will be held this Friday and he has appointed Jorge Garza to be the City's representative. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Raymond Wimberly, 806 Alden Drive, commented on the issue of the use and abuse of alcohol in the City and inquired about the Council's plans to handle this issue. The following people expressed opposition to the Council's reconsideration of the Nueces County zoning request: Mr. Frank Gallardo, 4201 Dryer Circle; Mr. David Noyola; Mr. Danny Noyola; and Mr. Canales. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 7:35 p.m. on September 5, 1989. * * * * * * * * * * * * * em Not. 1 Motion to Amend Moved that subsection 16 of Section 2-311 be amended to read as follows: As a councilmember, you shall not represent or appear on behalf of any private interest except those disclosed in Division III, Section 2-342 before any board, commission or committee of the city and in those cases must abstain from any voting or participation in discussions as a member of the governing body. Mot. 2 Motion to Amend Moved that the definition of "employee" in Section 2-312 be amended to read as follows: employee - any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Mot. 3 Motion to Amend Moved that subsection (d) of Section 2-330 be amended to read as follows: (d) Not later than three working days after the city secretary receives a sworn complaint, he or she shall acknowledge receipt to the complainants, and provide a copy to the city attorney, the commission and the person complained against. Not later than 30 days after receipt of a complaint by the city secretary, the commission shall notify in writing the persons who made the complaint and the person complained against whether it intends to schedule a hearing or take other action concerning the complaint. The person complained against shall have ten (10) days to submit a written response to the complaint prior to the commission deciding whether to hold a hearing. The complainants shall have one opportunity within 15 days of any denial of their original complaint by the commission to amend their complaint and refile the same with the commission. Mot. 4 Motion to Amend Moved that Section 2-330 be amended by adding a new subsection (e) to read as follows: (e) Legal fees incurred by the complainants, the Commission, and the party complained against, in an amount determined reasonable by the Commission, shall be paid by the unsuccessful party if the Commission determines such party's complaint or defense was groundless. "Groundless" means (1) without basis in fact, or (2) not warranted by law or reasonably arguable interpretation thereof. Mot. 5 Motion to Amend Moved that subsection (a) of Section 2-334 be amended to read as follows: (a) If the commission determines that a violation occurred, it shall proceed directly to determine its recommendation of appropriate sanctions. The affirmative vote of a majority of the members holding office and qualified to vote shall be required for the determination that a violation has occurred and the recommendation of any sanction under this code of ethics. The commission may receive additional testimony or statements before considering sanctions, but is not required to do so. Mot. 6 Motion to Amend Moved that the definition of "reporting official" in Section 2-341 be amended to read as follows: reporting official - the mayor and members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, department heads, municipal court judges (including substitute judges), and all members of the planning commission, ethics commission, civil service board, civil service commission, boainsizootcadcjaastment4xAntbdangloccalextaarzioaf appoacis9ocknaixlaiingcxsicandarriaxicroeszczb coastal bend health facilities development corporation, Corpus Christi health facilities development corporation, Corpus Christi housing finance corporation, Corpus Christi housing improvement corporation, Corpus Christi industrial development corporation, and the attorney who serves as local issuer's counsel for and any executive employees hired by the above corporations. 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 September 5, 1989, which were approved by the City Council on September 12, 1989. WITNESSETH MY HAND AND SEAL, this the / day of Lrktv-, , 1989. Armando Chapa City Secretary ••••••,terl etty T rner, Mayor