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HomeMy WebLinkAboutMinutes City Council - 09/12/1989MINUTES CITY CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 12, 1989 2:00 P.M. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Council Members: Leo Guerrero Tom Hunt Joe McComb Clif Moss Mary Rhodes Frank Schwing Absent Edward A. Martin City Manager Juan Garza Assit. City Attorney Jimmy Bray City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Clif Moss following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Tom Hunt. 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 September 5, 1989 and there being no additions or corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 5. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: MICROFILMED Minutes Regular Council Meeting September 12, 1989 Page 2 1. 1489-0267 Motion approving supply agreements for copper sulfate and potassium permanganate in accordance with Bid Invitation No. BI -0274-89 with Van Waters & Rogers for $120,645 based on low bid and low bid meeting specifications. The term of the contract will be 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 chemicals 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, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. 2. M89-0268 Motion accepting the improvements to the Oso Water Reclamation Plant; granting a 167 -day time extension to the contractor; authorizing final payment of $72,039.57 plus interest on retainage to Interstate Industrial Constructors, Inc.; and authorizing additional compensation in the amount of $6,000 to Naismith Engineers, Inc. and Malcolm Pirnie, Inc. for work performed beyond the scope of their contract. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. 3. M89-0269 Motion accepting the West Allison Trunk Sanitary Sewer No. 2 project, granting the contractors a 29 -day time extension, and authorizing final payment of $133,450.11 plus interest on retainage to Cat Contracting, Inc. and Michigan Sewer Construction Co., Inc., a Joint Venture. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. 4. FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH LOMA ENTERPRISES, INC., DBA DOLLAR RENT -A -CAR, TO EXTEND THE LEASE ON LOT 7 FOR 10 YEARS FOR CONSTRUCTION OF A SERVICE FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. inutes aegular Council Meeting September 12, 1989 Page 3 5. ORDINANCE NO. 20772 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 third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. * * * * * * * * * * * * * * Mayor Turner called for consideration of Items 6 thru 11. Relative to Item No. 6 on the trial program of hooded parking meters downtown, Carl Crull, Director of Engineering Services, reviewed the status of the program and stated that staff recommends continuation of the program in the downtown area through FY 89-90. Council Member Hunt expressed the opinion that this program is another tax incentive for the downtown area. Mayor Pro Tem Berlanga spoke in support of this program and stated that the revitalization of downtown is necessary and eventually will pay for itself. Pertaining to Item No. 7 on the 1992 Games of Texas, Assistant City Manager Hennings provided background information relative to the recommendation that the City of Corpus Christi host the 1992 Games of Texas. Mr. Hennings stated that this is an event sanctioned by the Texas Amateur Athletic Federation and that Corpus Christi has been invited to bid on the event. Be indicated that if Corpus Christi is awarded the bid, the event would have a $7 million impact on the local community. In answer to a question from Council Member Rhodes relating to Item No. 8 on the Resolution - Railroad Commission Pipeline Permit, City Manager Garza stated that the Council could exercise the authority on the location of future pipelines in the City which would only affect all future easements. He stated that relative to the pipeline that the neighborhood is concerned about, the easement has not yet been negotiated with the existing property owner; it is located behind the residential property; and the Council could induce a regulation which would require some separation from residential homes. Council Member Moss suggested that the City adopt the same guidelines and rules which the federal government and state have on pipelines, and City Manager Garza indicated that if the City adopted those, the same paramaters would exist. He stated that the City could adopt more stringent guidelines. Minutes Regular Council Meeting September 12, 1989 Page 4 Ms. Jannine Foster, 1118 Vernon, stated that the pipeline will be located within five feet of her fence line. She stated that the State of Texas has no laws that address how close pipelines can be located to residential homes. She stated that the City can pass an ordinance which would not allow the pipeline to be placed close to a residential home. She commented on the existing pipelines and expressed concern that there might be an explosion in the neighborhood. City Manager Garza stated that the Council could enact some regulatory provisions which would apply prospectively and that staff will immediately begin working on this issue. Mr. John McKay, a representative of the employees at Berry Contracting, Inc., expressed concern about the pipeline. He stated that it is not a new line, but a casing over an old pipeline. He stated that he has asked the company that owns the line to reroute the line. Mr. Albert Spotlick, a resident on Vernon Drive, stated that the owner of the pipeline has requested a 20' easement off the back of his property and he has responded negatively. Relative to a question from Council Member Moss on Item No. 9 on the Diez y Seiz de Septiembre Celebration, City Manager Garza responded by stating that this event came up quite suddenly and is intended to be an annual celebration. Relative to Item No. 10 on zoning application No. 689-3, Planning Director Brandol Harvey provided a background history on this zoning request. He stated that staff recommends denial of the rezoning but if the Council desires that three single-family units be located on the lot, staff recommends that site plan 1/1 is the better choice of the two site plans. Mr. Harvey indicated that the Council can emphasize that all properties need to be brought up to code. He stated that staff did a preliminary survey of the properties involved and of the two properties on the site, one is in fair condition and one is in poor condition. He stated that both have violations. He stated that the house which is proposed to be relocated currently is in fair condition but it cannot be guaranteed that it will remain in fair condition once it is relocated. Mr. Harvey updated the Council on the existing uses in the neighborhood. City Planner Alice Terrall presented slides of the area in question. Mr. Harvey read some policy statements of the Council as they relate to this application and he reviewed the positive and negative aspects of the application. He stated that if the building codes are not maintained by a specific time period, the case could be brought back to the Council for reconsideration of the zoning, but that could not be a condition of the special permit. linutes Regular Council Meeting September 12, 1989 Page 5 Mr. Preston Grantham, 2010 Frederick Drive, stated that he the "R-2" zoning request. He stated that the applicant has not the property in the past and the houses have not been painted. Mayor Turner clarified that "R-2" zoning has been denied permit is what is being considered. Mr. Jose Mario Martinez expressed opposition to stated that the applicant has not upgraded the houses. property owners in objection to another rental house on is opposed to taken care of and a special the zoning request and He presented a list of the lot. Mr. Joe Quesada, brother of the applicant, spoke on his behalf and presented photographs of properties at other locations which the applicant has brought up to code. He stated that the applicant has given his word to upgrade the houses. Discussion followed and Council Member Rhodes pointed out that at the first public hearing, the neighbors objected to the rezoning of the property but did not object to moving another house on the lot. Council Member McComb expressed concern that what is being proposed will not be a single-family residence and he does not think it is in the best interest of the neighborhood and consistent with the goals of the Council. Relating to Item No. 11 on a Tax Resale Deed, City Manager Garza stated that he is ambivalent about the recommendation to execute a tax resale deed on behalf of taxing jurisdiction relative to two vacant lots in the Corpus Christi Beach Hotel Addition. Mr. Garza explained that this presents an opportunity for the City to acquire some land for parking purposes. He stated that the process of acquiring land on which taxes have become delinquent is very complicated and if the City were to acquire the property and sell it at a later date, the proceeds would be required to be shared proportionately with the other taxing entities. Ms. Kathleen D. Morrison, an attorney for Calame, Linebarger and Graham, stated that this property is brought to the City as a result of a judgement in a tax sale. She stated that the full amount of the taxes due against the property to all jurisdictions are about $12,000 and the City's share is about $3,600. She stated that the City of Corpus Christi does not actually own this property but is holding it in trust for all of the jurisdictions to collect the taxes. Discussion followed and Council Member McComb expressed support of this item, pointing out that Mr. Hector Flores has offered to buy the property by paying the full amount of all tax, penalty, and interest due to all taxing agencies and it is possible that he could have made plans for the property. City Secretary Chapa polled the Council for their votes and the following items either passed or failed to pass: linutes Regular Council Meeting September 12, 1989 Page 6 6. M89-0270 Motion continuing the program of hooded parking meters in the downtown area through FY 1989-90. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero voting, "No"; Martin absent. 7. RESOLUTION NO. 20773 EXPRESSING THE CITY'S DESIRE TO HOST THE 1992 GAMES OF TEXAS AS SANCTIONED BY THE TEXAS AMATEUR ATHLETIC FEDERATION; AND AUTHORIZING THE CITY'S PARK AND RECREATION DEPARTMENT TO MAKE A PRESENTATION TO THE TEXAS AMATEUR ATHLETIC FEDERATION ABOUT THE BENEFITS OF HOSTING THE 1992 GAMES OF TEXAS. The foregoing resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. 8. RESOLUTION NO. 20774 REQUESTING THE TEXAS RAILROAD COMMISSION TO CONSIDER THE CONCERNS OF THE CORPUS CHRISTI RESIDENTS OF DONA PARK, MANCHESTER, AND ACADEMY HEIGHTS SUBDIVISIONS REGARDING THE PROPOSED CONVERSION OF THE BRINE PIPELINE AND ANY ADVERSE EFFECTS TO ITS RESIDENTS. The foregoing resolution passed by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. 9. ORDINANCE NO. 20775 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH KUNO RADIO STATION FOR THE USE OF HERITAGE PARK FOR A DIEZ Y SETS de SEPTIEMBRE CELEBRATION ON SEPTEMBER 15-16, 1989; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent. 10. Failed to Pass AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ELFEGO QUESADA, SR. BY GRANTING A SPECIAL COUNCIL PERMIT FOR THREE DETACHED SINGLE-FAMILY DWELLINGS ON LOT 8, BLOCK 2, CABANISS ACRES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 12, 1989 Page 7 An emergency was declared and the foregoing ordinance failed to pass by the following vote: Turner, Berlanga, Guerrero, Rhodes and Schwing voting, "Aye"; Hunt, McComb and Moss voting, "No"; Martin absent. 11. M89-0271 Code. AUTHORIZING THE EXECUTION OF JURISDICTIONS. The foregoing motion passed by Moss and Schwing voting, "Aye" absent at the time the vote was A TAX RESALE DEED ON BEHALF OF TAXING the following vote: Berlanga, Hunt, McComb, ; Turner and Rhodes voting, "No"; Guerrero taken; Martin absent. Note: The above item was listed on the agenda as an ordinance and City Manager Garza indicated that the action did not require an ordinance. A motion was made by Council Member McComb to approve No. 11 as a motion. The motion was seconded by Mayor Pro Tem Berlanga and passed by the following vote: Berlanga, Hunt, McComb, Moss and Schwing voting, "Aye"; Turner and Rhodes voting, "No"; Guerrero absent at the time the vote was taken; Martin absent. * * * * * * * * * * * * * Mayor Turner called for consideration of No. 12 on the proposed Ethics After substantial discussion regarding the proposed amendments to the Ethics Ordinance, the consensus of the Council and the co-chairman of the Ethics Commission, John Bell, was to approve amendments as follows: A motion was made by Council Member Rhodes, seconded by Council Member Guerrero and passed unanimously; Martin absent... to amend Sec. 2-348. Disclosure of Gifts by Employees to read as follows: "Any employee of the City, other than reporting officials, whether under civil service or not, who received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities, or services cumulatively exceeding $200 in value in any calendar year, from any person (other than a relative) whose name is published in the list of persons doing business with the City under Section 2-342(d), shall file a report of the names and addresses of such persons and the date and nature of each gift with the City Secretary. the deadline for filing such reports shall be February 1 of each year; provided that, such a separate report shall not be required for any employee who is required to file a report as a reporting official." A motion was made by Council Member Rhodes, seconded by Council Member McComb and passed by the following vote: Turner, Berlanga, Guerrero, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt abstaining; and Martin absent... to amend Sec. 2-311. Standards - 16 to read as follows: linutes Regular Council Meeting September 12, 1989 Page 8 "As a Council Member, you shall not represent or appear on behalf of any private interest of others before any Board, Commission or Committee of the City except where one has a vested financial interest." A motion was made by Council Member Rhodes, seconded by Council Member Clif Moss and passed unanimously by those present and voting to amend Section 2-341 to delete the Coastal Bend Health Facilities Development Corporation. Mayor Pro Tem Berlanga and Council Member Hunt expressed the opinion that they are opposed to the amendment regarding the frivolous lawsuit, and City Secretary Chapa pointed out that amendment was voted on and approved last week. Council Member Hunt expressed the opinion that the citizens should be able to understand the document pertaining to the Code of Ethics. Mr. Bell also urged the Council to reconsider their decision to hold accusers liable for all legal fees if they lodge an ethics violation complaint against a City official which proves to be groundless. The Council did not change that portion of the code. Mr. Philip Rosenstein expressed opposition to Sec. 2-330 - Complaints (e) and expressed the opinion that no citizens' complaints should ever be called trivial and the citizens should not be threatened with consequences. Mr. Raymond Hasker, 1813 Wallace, spoke in support of a strong Ethics Code and commented on the section relative to a frivolous lawsuit. Mr. Robert Reyna, 1821 Roslyn, urged the Council to reject Sec. 2 -330 - Complaints (e), stating that it violates a citizen's constitutional right to address grievances. (e). Mr. Jesse Hix, 2622 Segrest, expressed objection to Sec. 2-330 - Complaints City Secretary Chapa polled the Council for their votes and the following ordinance, as amended, was passed on second reading: 12. SECOND 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. Minutes Regular Council Meeting September 12, 1989 Page 9 The foregoing ordinance was passed, as amended, on second reading by the following vote: Turner, Berlanga, Guerrero, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt abstaining; Martin absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza stated that a complaint had been filed against the City Council for an allegedly illegal closed meeting during the Council Meeting on August 5, 1989. He stated that the complaint is frivolous and without merit and he advised the Council to report any inquiries they receive to the City Attorney's office. Jesus Garza, Deputy City Manager, presented a report on a Pilot Recycling Program. He provided an overview of the types of waste products and elaborated on why the program is needed and who may participate. He explained the objectives of the program and stated that the program would set the stage for meeting new Environmental Protection Agency regulations and the location and purchase of a new landfill in the next ten years. Mr. Garza stated that the voluntary program would last 18 to 24 months and would require the participation of at least two garbage routes that include 1,800 to 2,000 residences. He stated that a special Wednesday garbage route would be established to collect the recyclable items which would be placed in specially tagged bags to identify their contents and the tags would be taken to local reclamation brokers with whom the City proposes to contract. Mr. Garza stated that the City will not make money on the program because it is a new program and is just being set up. He indicated that the purpose of the program is to reduce the amount of waste that is being taken into the landfill and to educate the community about the new regulations. Discussion ensued and a series of specific questions were asked by various Council Members to which Mr. Garza responded. Mayor Turner noted that this is a step forward and suggested putting some money into a massive, comprehensive educational program to inform the community about the importance of recycling. She stated that the City should get people to buy into this program and it should be a voluntary sign-up program. She also stated there should be an incentive provided for those people who do participate. Mayor Turner expressed concern about the 18- to 24 -month implementation period, stating that it could be done in about six months. Minutes Regular Council Meeting September 12, 1989 Page 10 Mayor Turner inquired if the City has contacted other businesses to submit a similar proposal, and Mr. Garza responded by stating that this was an unsolicited proposal; it was presented to the City; the City will receive some funds from it; but that aspect has to be negotiated with the contractors. He stated that it is a pilot program and at this point staff does not know if it will be a success. Mr. Edward Mange, 75 Lakeshore, President of Canhandler Recycling, stated that he is in favor of a recycling program but that more thought should be given to all the aspects before entering into a program. He stated that he has been in business for thirty years and would like to cooperate, participate and be able to bid on the material. Mr. Robert Adler, 106 Rainbow Lane, Manager of the Texas Paper Stock Recycling Company, stated that they have been in business for about forty years. He commented on the City of Austin's recycling program and on the newspaper aspect of recycling. He questioned why his company was not asked to participate in the bidding because they are experienced in the handling of waste paper. Bob Bruner, Sanitation Director, stated that this is a pilot program and the key point for long-term recycling is what is contained in the waste stream. He stated that the City needs to create a data collection system. It was the consensus of the Council to direct staff to solicit proposals from all local recycling brokers before negotiating a contract on the recycling project. * * * * * * * * * * * * * City Manager Garza presented the Council with the final budget book and commended the staff for their work in putting it together. Mr. Garza also noted that a replica of a statue which will be erected on Shoreline is on display in the Council Chamber for the public to view. Mayor Turner commented on an issue relative to the City of Austin's insured bonds. Mayor Turner inquired if the Balustrade project could be put on the agenda, and City Manager Garza indicated that it will be on the September 19th or 26th agenda. Mayor Turner requested a status report on the old county courthouse, and the majority of the Council requested that the item be put on a future agenda. Mayor Turner commented on the deplorable condition of the curbs and gutters throughout the City. * * * * * * * * * * * * * Minutes Regular Council Meeting September 12, 1989 Page 11 Mayor Turner called for reports from the Council. Council Member McComb stated that the City needs to re-evaluate the policy relative to the hours of operation for City public attractions. Mr. McComb commented on an issue relative to construction work and a ditch on Airline, and Deputy City Manager Garza explained that the contractor is building a storm sewage system and has to hold the water in the ditch until the system is in place. Mr. McComb commented about the contract which was terminated on the lighting at the airport whereby negotiations will be with the next two lowest bidders. He asked how old the bids were, and Deputy City Manager responded by stating that the bids are from the end of 1987. Mr. McComb suggested rebidding the project and expressed concern relative to this item. City Manager Garza indicated that the City will not bid this project, stating that the engineering aspect of it will be negotiated. He stated that staff would like to avoid the RFP process and that a local company would not be able to handle the project so that it would be acceptable to FAA. Mayor Turner requested a list of the subcontractors that are being considered on the General Electric contract for the radio communications system. Council Member Hunt commented about a meeting which he attended on the future of Corpus Christi at which derogatory remarks were made about senior citizens. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Hal Wasson, a senior citizen, commented on an idea for free fishing for senior citizens on the T -heads. Mr. Ernest Briones referred to the pilot recycling program presentation whereby staff was instructed to solicit proposals from other companies. He stated that those in opposition to the proposed program were given a chance to speak but those in favor were not granted the same opportunity. Mr. Valentine Canales spoke about remarks made at last week's Council Meeting and expressed opposition to discrimination. Mr. Raymond Hasker, 1813 Hasker, commented on remarks made by Mayor Luther Jones at the Future of Corpus Christi Meeting. Mr. David Noyola referred to the Molina Ditch which has been a problem for many years, stating that the water in the ditch is stagnant and does not flow, Minutes Regular Council Meeting September 12, 1989 Page 12 and this makes the area very unpleasant. He inquired if there is any way that the ditch could be covered and possibly used as a walking path for residents of that area, or for a crossover. Mayor Turner explained that it is very costly to cover a ditch but suggested that the citizens urge that a solution be included in the next bond election or for consideration from next year's CDBG funding. Mayor Pro Tem Berlanga suggested that the City should see that the ditch is cleaned and he explained that the cost to cover the ditch would be approximately $15 million. City Manager Garza estimated that the cost would more likely be between $23 to $25 million. Ms. Cynthia Gutierrez reminded the Council of the Diez y Seis de Septiembre celebration which will be conducted at Heritage Park. She informed the Council that a movie producer from Los Angeles, California will be in the City to film the event as well as several Spanish television stations. She urged the Council to attend and stated that some of the funds generated from the festival will be allocated to Heritage Park Association. Mr. Raymond Wimberly again urged that something be done regarding the tax on the sale of alcoholic beverages, expressing the opinion that this could be done legally. He addressed another subject, the staff's recommendation that clay pipe be installed on the Up River Road project and urged that clay pipe not be installed any longer. Mr. Wimberly referred to the subject of the homestead tax exemption for citizens over 65 years of age and objected to the possibility of rescinding this exemption, stating that instead, the Council could reduce the City budget by 5%. Council Member McComb responded to the criticism levied at the meeting conducted the preceding evening by the Future of Corpus Christi group, stating that he had been invited to attend the meeting to appear as a panelist. He informed the Council that he was most impressed by the enthusiasm of both the very young people and the senior citizens who were present, stating that ideally, they should try to work together and cooperate on other issues. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 5:29 p.m., September 12, 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 September 12, 1989, which were approved by the City Council on September 19, 1989. Pelf WITNESSETH MY HAND AND SEAL, this the / day of , 1989. Armando Chapa City Secretary Betty urner, Mayor