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HomeMy WebLinkAboutMinutes City Council - 09/19/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 19, 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 -21azta-gt - Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Mayor Pro Tem David Berlanga following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Clif Moss. 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 12, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mr. Mike Jaffe, a partner in the Trammell Crow organization, and Mr. Paul Pearson III, an attorney and co-executor of the Blanche Moore Estate, gave a presentation on the Blanche Moore Tract Development. Mr. Jaffe presented renderings of the development center and explained the different phases of the project. Mr. Pearson gave a brief overview of the project and elaborated on engineering plans. Both gentlemen and Council Members discussed the traffic impact and economic development the project will have on the City of Corpus Christi. * Council Member Leo Guerrero arrived at the meeting at 2:15 p.m. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: (M89-0272) MICROFILMED. Minutes Regular Council Meeting September 19, 1989 Page 2 C.C. Area Economic Development Corp. C.C. Regional Transportation Authority Tim Clower Bill Harrison Mike Stewart Human Relations Commission Oscar de los Santos Kennedy Causeway Advisory Committee Planning Commission Joseph Alexander James Lewis Mary Pat Slavik (Declined Appointment) Lamont Taylor - Reappointed If Nora M. Garcia - Jo Ann Clayton -Reyna - " Senior Community Services Advisory Committee Water Shore Advisory Committee Alicia Ruiz David Krams Jose Borroso Park and Recreation Advisory Committee Jim McCown - Reappointed Claude Axel - Gwen Bryant Dave Porterfield - Mary Pat Slavik - (Declined Appointment) Cefe Valenzuela Jack Ratkovic Jimmy Rodriguez * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinance and ordinances from previous meetings on Items 1 thru 12 and Council Members requested that Items 3, 5 and 6 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M89-0273 Motion approving supply agreements for miscellaneous repair clamps in accordance with Bid Invitation No. BI -0252-89 with the following companies for the following amounts based on low bid and low bid meeting specifications. The term of the agreements shall be for twelve months with an option to extend for an additional twelve months subject to the approval -yr linutes Regular Council Meeting September 19, 1989 Page 3 of the supplier and the City Manager or his designee. These items will be used by the Water Department for pipe repair. The Rohan Co. Total: $18,454.88 International Supply Co. Total: $125,817.01 Noland Co. Total: $15,581.12 Grand Total: $159,853.01 The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 2. M89-0274 Motion approving supply agreement for bulk mowing in accordance with Bid Invitation No. BI -0250-89 with the following companies based on the low bid of $51,086. The terms of the contracts 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. The locations to be mowed belong to the Water, Wastewater, and Park & Recreation Divisions. E. F. Anthony Corpus Christi, Texas Items: 1, 3, 4, 7-9, 12 Items: 14-27, 22-44 $18,130 $18,200 Total: $36,330 Bee Line Mowing Service Corpus Christi, Texas Total: $14,756 Grand Total: $51,086 The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 4. M89-0276 Motion authorizing the City Manager to execute an Agreement with the Communities In Schools (CIS) for the construction of a portable building. The foregoing motion passed by the following vote: Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner abstaining. Ainutes Regular Council Meeting September 19, 1989 Page 4 7. M89-0279 Motion awarding a contract in the amount of $131,510.30 to King -Isles, Inc. for the construction of Kosar Street between South Staples and Naples Street as part of the Del Mar College Area Street Improvements project. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8. ORDINANCE NO. 20776 AUTHORIZING THE EXECUTION OF AN INTERIM LEASE AGREEMENT WITH DOBBS HOUSES, INC. FOR OFFICE SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR ONE YEAR EFFECTIVE AUGUST 1, 1989; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 9. ORDINANCE NO. 20777 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: GARDENDALE AREA, PHASE II - Curtis Clark Drive, from Everhart Road to South Staples Street; FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 10. 1189-890280 Motion awarding a contract in the amount of $569,866.10 to Haas Paving Company, Inc. to construct street improvements on Curtis Clark between South Staples and Everhart and widen Everhart from Williams to South Padre Island Drive as part of the Gardendale Area Street Improvements, Phase II project. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 11. SECOND 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. r- Minutes Regular Council Meeting September 19, 1989 Page 5 The foregoing ordinance passed on second reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 12. ORDINANCE NO. 20778 AUTHORIZING THE EXECUTION OF AN AMENDMENt TO THE LEASE AGREEMENT WITH PLEASURE PIER ASSOCIATES, INC., AUTHORIZING THE DELAY OF CONSTRUCTION OF SPECIFIED IMPROVEMENTS IN LIEU OF PAYMENT OF ARREARS UNTIL NINETY DAYS AFTER COMPLETION BY THE CITY OF CONSTRUCTION OF MARINA REPAIRS AT THE RESTAURANT LOCATION, OR, IN THE ALTERNATIVE, PAYMENT OF THE ARREARS IN THE AMOUNTS OF $7,000 BY DECEMBER 29, 1990, AND $14,000 BY DECEMBER 31, 19991. The foregoing ordinance passed on third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Relative to Item No. 3 on the execution of the Heart of Corpus Christi Agreement, Council Member Rhodes remarked that she will vote "No" on this item because it is a totally inappropriate use of Community Development Block Grant Program money. Council Member Guerrero concurred with Mrs. Rhodes and made a motion to amend the agreement which would allow one year from August 1, 1989 in which to expend all available funds. Mr. Guerrero stated that there have not been any significant improvements in the downtown area and stated that the money should be put into the community and not be tied up for a two-year period. The motion was seconded by Mayor Pro Tem Berlanga. Discussion followed and Assistant City Manager Elizondo indicated that the Planning Commission made the recommendation for a two-year contract and it was incorporated into the contract. He indicated that the Director of the Heart of Corpus Christi has communicated that there is activity downtown for specific projects which would address the elimination of slum and blight through rehabilitation of commercial buildings. Mayor Pro Tem Berlanga withdrew his second on the motion, stating that he had misunderstood the motion. The motion was then seconded by Council Member Rhodes. The motion failed by the following vote: Guerrero and Rhodes voting, "Aye"; Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "No." Assistant City Manager Elizondo indicated that it is staff's intent to obligate all the funding by October 30, 1991. 4inutes Regular Council Meeting September 19, 1989 Page 6 Relative to questions from Council Members on Item No. 5 pertaining to the bidding and the price relative to the sanitary landfill vehicle weigh scale and data base system, Deputy City Manager Jesus Garza indicated that he will provide the Council with information on the bidders. City Manager Garza indicated that the City would like to receive at least three bids in order to obtain a good comparison figure, stating that staff believes the figure is a good price for the scale. Deputy City Manager Jesus Garza stated that security is five percent of the bid. Pertaining to Item No. 6 on the Up River Road Utilities, Stage I, Mr. Raymond Wimberly requested the Council to reject the bids on this proposal and go out for new bids with new specifications. He stated that by using an alternative pipe on the project, the City would save thousands of dollars. Assistant City Secretary Dorothy Zahn polled the Council for their votes and the following were passed: 3. M89-0275 Motion authorizing the City Manager to execute an Agreement with the Heart of Corpus Christi for a Matching Grant Rehabilitation Program. The foregoing motion passed by the following vote: Turner, Berlanga, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero, Hunt and Rhodes voting, "No." 5. M89-0277 Motion awarding a contract in the amount of $97,690 to Hallmark Contracting, Inc., to install vehicle weight scales at the Elliott and Westside Sanitary Landfills and a data base system at the landfill sites and at the Sanitation Department office. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 6. M89-0278 Motion awarding a contract in the amount of $697,452 to Conex Construction, Inc. for construction of sanitary sewers and water lines in Up River Road. The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * * Mayor Turner called for consideration of Items 13 and 14. Minutes Regular Council Meeting September 19, 1989 Page 7 Relative to Item No. 14 on the zoning application No. 889-3 - Nueces County, Texas, Council Member Guerrero expressed the opinion that this proposed ordinance does not address the motion which was made two weeks ago. Mr. Guerrero recommended denial of Item No. 14 as proposed. Council Member Hunt indicated that the jail is a City problem and a much needed facility. He remarked that the district and federal courts might order the City to move forward on this item. There were no comments from the audience on Items 13 or 14. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 13. RESOLUTION NO. 20779 REQUESTING THE TASK FORCE ON PUBLIC UTILITY REGULATION TO SUPPORT THE CONTINUED RIGHT OF MUNICIPALITIES TO PARTICIPATE IN UTILITY RATE CASES AND TO RETAIN ORIGINAL JURISDICTION OVER ELECTRIC UTILITIES, AND TO OPPOSE ANY LEGISLATIVE CHANGES WHICH WOULD DIMINISH PARTICIPATION IN THE REGULATORY PROCESS OR RESULT IN INCREASING ELECTRIC AND TELEPHONE UTILITY RATES AND THEREFORE, HINDER ECONOMIC DEVELOPMENT. The foregoing resolution passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Berlanga absent at the time the vote was taken. 14. ORDINANCE NO. 20780 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES COUNTY, TEXAS, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A JAIL AND COMMUNITY CORRECTIONAL CENTER WITHIN THE EXISTING STRUCTURE ON LOT 1, BLOCK 15, INDUSTRIAL SUBDIVISION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero and Rhodes voting, "No"; Berlanga absent at the time the vote was taken; Turner abstaining. Discussion ensued regarding the vote on this ordinance and Council Member Guerrero expressed the opinion that according to Robert's Rules of Order and the City Charter, the voting members consist of those eligible and present to vote. He stated that Mayor Pro Tem Berlanga chose not to vote. City Attorney Hal George pointed out that Mayor Turner's abstention was on the basis of a disqualification. He stated that the rule for voting is those present and voting; there were seven people voting; the majority is four; and the majority plus 1 is five. Be stated that Mr. Berlanga was not present for the vote and it is the Legal staff's opinion that the ordinance passed. Minutes Regular Council Meeting September 19, 1989 Page 8 Council Member Guerrero expressed the ruling is incorrect. He stated that Mayor eligible to vote; he chose not to vote; therefore, the majority of the Council should opinion that the City Attorney's Pro Tem Berlanga is present and he did not disqualify himself; be counted differently. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 15 regarding the 10 -year lease of 22 acres of Corpus Christi Beach Park to J -Sand Services, Ltd. Malcolm Matthews, Development Services Center Director, provided a brief history of the area involved and discussed the proposal submitted by J -Sand Services, Ltd. He stated that the site does have wetlands and he discussed the mitigation. Mr. Matthews stated that the developer has agreed to make public beach improvements in an area outside of the lease area for use of the general public. He explained the funding and elaborated on the different phases of the project. Mr. Matthews reviewed the status of the other RV Park in the area and explained the terms of that lease, stating that staff will work with the owner of that property to ensure that his property will remain viable. Mr. Matthews responded to various questions raised by Council Members and Council Member Martin suggested that the fee be readjusted, stating that the property does not become taxable if it is used for a non -tax-exempt purpose. He stated that it should be on the tax rolls and leasehold improvements should be rendered. City Attorney Hal George stated that if property is devoted to the public use, it is tax-exempt. He suggested that this issue be handled delicately because the City has some commercial leases on other places and is involved in some adverse relationships with other taxing agencies outside of Nueces County. Discussion followed and City Manager Garza indicated that it is staff's opinion that the land should not be rendered. Mr. Vic Menard, 1510 Dove, Chairman of the Parks and Recreation Advisory Committee, expressed opposition to this proposal. He stated that the committee rejected the proposal because it is not a good and practical use of the park land. He stated that it is valuable land and this project will have a dubious effect on the private sector. Mr. Donald Greene, an architect, expressed opposition to the proposal. He displayed a rendering of a proposed plan for a regional park which has not yet been presented to the Parks and Recreation Advisory Committee. Mr. Menard pointed out that funding for this proposed regional park is available and he elaborated on the sources. Mr. Menard discussed the negative aspects of the RV park and recommended that the Council table the item until the North Central Master Plan 15 completed. Minutes Regular Council Meeting September 19, 1989 Page 9 Mr. Matthews then addressed the public access to the beach and described the public facilities. Discussion followed and Council Member Rhodes stated that she would like to table this item for one week so that she could review the other plan in more detail. The following individuals expressed opposition to the proposed facility: 1. Mr. Ron Chandler, 4242 Gulfbreeze on Corpus Christi Beach, indicated that the winter Texans do not spend much money in the City; 2. Ms. Gwen Bryant, 5029 Morganser, stated that the City will not be using the property to its best advantage. She spoke in support of a nature park; 3. Mr. Vito Duran, President of Duran Petroleum, stated that he owns property in the vicinity which is for sale and that he will not be able to sell his property if an RV park is located across the street; 4. Mr. William Gardner; and 5. Ms. Wanda Johnson, a realtor on Corpus Christi Beach. The following individuals expressed support of the proposed facility: 1. Mr. Jim Hall, the developer of the proposed RV facility, explained his intentions and stated that he would like to improve the wetlands. He discussed the proposed landscaping plans; 2. Mr. Bill Pruet, a member of the C.C. Convention and Visitors Bureau, discussed the economic impact of the project and commented on the visual plans proposed and the landscaping of the area; and 3. Mr. Berney Seale, Chairman of the C.C. Convention and Visitors Bureau commented on the economic impact the project would have on the City. He stated that Corpus Christi is voted the number 1 RV park area in America. City Attorney George informed the Council that because of a conflict of Interest, Council Member Guerrero will abstain from voting on this item. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 15. FIRST READING AUTHORIZING CITY MANAGER TO EXECUTE A 10 -YEAR LEASE AGREEMENT WITH ONE OPTION TO RENEW FOR A 5 -YEAR PERIOD TO J -SAND SERVICES, LTD. COVERING APPROXIMATELY 22 ACRES OF CORPUS CHRISTI BEACH PARK. The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero abstaining. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 16 on the third reading of the Ethics Ordinance. Minutes Regular Council Meeting September 19, 1989 Page 10 Council Member Rhodes indicated that she would like to introduce a compromise amendment regarding the frivolous lawsuit portion of Section 2-330, paragraph (e). She made a motion that new language be inserted whereby the complainants should not be liable for expenses if the Ethics Commission determines a complaint is worth investigating. Council Member Moss seconded the motion. Discussion followed and Mr. John Bell, 434 Sharon Drive, Co-chairman of the Ethics Commission, commented on the section relative to groundless complaints. Further discussion continued among the Council Members and Mr. Bell, specifically on the definition of groundless as opposed to frivolous. Council Member Rhodes then restated her motion to amend Section 2-330, paragraph (e) to add the following statement: The complainants shall not be liable for such fees if the Ethics Commission has determined that grounds exist for a hearing. The motion was seconded by Council Member Moss and passed unanimously. A motion was made by Council Member Martin to approve the revised motions as proposed by Mr. Bell as listed below; seconded by Council Member Moss; and passed unanimously: 16. As a Council Member, you shall not the private interest of others before any the City. (This rule does not prohibit your own financial interest even though similar interest.) represent or appear on behalf of board, commission or committee of you from appearing on behalf of others may have the same or a 19. As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the City Council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) 22. As an employee, you shall not represent or appear on behalf of the private interest of others before the City Council or any board, commission or committee of the City. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Mayor Turner called for comments from the audience. Mr. Philip Rosenstein stated that he felt that an ordinary citizen should not be penalized for filing a complaint. Minutes Regular Council Meeting September 19, 1989 Page 11 Mr. Lewis Lovelace, 1549 Casa Grande, also objected to including language in the ordinance that would frighten ordinary citizens so that they would hesitate to file a complaint. City Secretary Chapa polled the Council for their votes and the following ordinance, as amended, was passed on third reading: 16. ORDINANCE NO. 20781 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 third reading by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 17. Zoning Text and Comprehensive Plan Policy Statement Amendments: Amending Article 27, Supplementary Height, Area and Bulk Requirements of the Zoning Ordinance; amending Chapter 3, Land Use Policies, Commercial, and Industrial of the City's Comprehensive Plan Policy Statements. Mayor Turner indicated that the Planning Commission and Planning Staff recommend approval of this application. Mayor Turner called for comments from the audience and there was no response. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Moss and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinances were passed: a. ORDINANCE NO. 20782 AMENDING THE ZONING ORDINANCE, BY AMENDING ARTICLE 27, HEIGHT, AREA, AND BULK REQUIREMENTS, BY REPEALING SECTIONS 27-3.06.04 IN THEIR ENTIRETY; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance following vote: Turner, Berlanga, Guerrero, Hunt, Martin, Rhodes and Schwing voting, "Aye." SUPPLEMENTARY 27-3.06.03 AND passed by the McComb, Moss, linutes Regular Council Meeting September 19, 1989 Page 12 b. ORDINANCE NO. 20783 AMENDING THE CORPUS CHRISTI COMPREHENSIVE POLICY STATEMENTS AS DESCRIBED IN THE DOCUMENT TITLED: CITY OF CORPUS CHRISTI POLICY STATEMENTS: AN ELEMENT OF THE COMPREHENSIVE PLAN BY AMENDING CHAPTER 3, LAND USE POLICIES, COMMERCIAL, AND INDUSTRIAL; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 18. Application No. 789-6, Vela Investments (Partnership): For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 8, Block 14, Segrest Subdivision, located on the east side of Cleo Street, approximately 50' south of Heinley Drive. Mayor Turner indicated that the Planning Commission and Planning Staff both recommend denial of this application. In response to a question from Mayor Pro Tem Berlanga, Mr. Brandol Harvey, Director of Planning, stated that there was quite a bit of opposition expressed at the Planning Commission hearing on this application, but the 20% rule is not in effect. 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 property and the neighborhood. She stated that this is a medical complex. Mr. Harvey explained that the discussion on this case was whether or not the requested zoning would overly impact the neighborhood; the request is for "B-1" zoning for an additional parking lot; but the Council could limit the use to something as innocuous as possible for a parking lot to be used only by employees. He also pointed out that the Council could grant a special permit which would require some landscaping and plants for screening. Council Member Guerrero remarked that the vehicles going to the medical center are parking on the residential streets at this time. Dr. Robert Vela, the applicant, stated that they own the development and they have experienced a parking problem for several years. He informed the Council that they are requesting the zoning change to provide for more parking since their practice has grown a great deal and they now have 18 employees. He assured the Council that the new parking lot would be only for use by the employees who arrive in the morning and leave at the same time in the evening and would not involve vehicles going in and out of the parking lot throughout the day. Minutes Regular Council Meeting September 19, 1989 Page 13 Mr. Harvey stated that the applicant did indicate that he would be willing to work with the staff regarding terms for a special permit. He stated that in reference to this particular lot, it is difficult to put in fencing. He suggested rather than fencing, it might be more appropriate to put in dense landscaping which will provide enough screening. Council Member Guerrero stated that this lot is owned by Dr. Vela and he wants to be able to use eight parking places during business hours. Mr. Guerrero noted that Dr. Vela has invested his money in an area and the improvements will be an enhancement to the area. He made a motion to deny the "B-1" zoning and in lieu thereof, grant a special permit and direct staff to work with the applicant regarding the necessary landscaping. The motion was seconded by Council Member Schwing and passed unanimously. Assistant City Secretary Dorothy Zahn informed the Council that the ordinance will be brought back to the Council with a proper site plan. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 19. Application No. 889-5, Second Time Around, Inc.: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 18, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 470' south of Gollihar Road. Mayor Turner indicated that both the Planning Commission and Planning Staff recommend approval of the application. Ms. Barbara Cline, 921 Dorthy, stated that she owns residential rental property which abuts the subject property and has no objection to the "B-1" zoning. She inquired about a screening fence and if the parking requirements will be enforced, and Planner Alice Terrall responded by stating that the applicant will be erecting a retail store; the parking requirements will be met; and a screening fence will be required. No one spoke in opposition to the application. A motion was made by Council seconded by Mayor Pro Tem Berlanga voting. Assistant City Secretary Zahn following ordinance was passed: Member McComb to close the public hearing; and passed unanimously by those present and polled the Council for their votes and the ORDINANCE NO. 20784 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SECOND TIME AROUND, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 18, BLOCK 6, KOOLSIDE Minutes Regular Council Meeting September 19, 1989 Page 14 ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-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, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 20. Application No. 789-4, Mr. Leo McGinnis: For a change of zoning from "AT" Apartment -Tourist District to "B -2A" Barrier Island Business District on Lots 25, 26, 27, 28, and 29, Block 1, Section D, Padre Island, located at the west end of Granada Drive. Mayor Turner indicated that both the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant a special permit for a marina and retail uses in accordance with a site plan with 4 conditions. Mayor Turner inquired if the special permit was acceptable to the applicant, and he responded in the affirmative. A motion to close the public hearing was made by Mayor Pro Tem Berlanga; seconded by Council Member Martin and passed unanimously by those present and voting. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20785 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LEO McGINNIS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MARINA AND RETAIL USES WITH FOUR CONDITIONS IN ACCORDANCE WITH THE APPROVED SITE PLAN ON LOTS 25, 26, 27, 28 AND 29, BLOCK 1, SECTION D, PADRE ISLAND; AND DECLARING AN EMERGENCY. An emergency was declared and the forgoing ordinance 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. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Juan Garza suggested that during Council Meetings when there is an occasional ceremonial presentation, the meetings should begin at 1:30 p.m. Minutes Regular Council Meeting September 19, 1989 Page 15 Mr. Garza presented the Council with a report on the regulations of high pressure gas pipelines within the City limits. Council Member Rhodes raised questions concerning the new pipeline, and City Attorney George stated that there is no way that the City can stop a gas pipeline company from exercising its right of eminent domain. He stated that the City can enact reasonable regulations regarding health, safety and welfare. Mr. George referred to the brine line, and an issue of concern would be that when a company has easements in place, and if the City asserts additional regulations than those which the Railroad Commission has, the City may have just bought a gas line. With regard to the new pipeline, Mr. George stated that the pipeline company does not have condemnation powers against the City and the City may be able to enforce something stronger. He stated that the pipeline company has the right of eminent domain and if the company has acquired a permit, they might have vested rights. He indicated that it might be a safe decision to petition the Railroad Commission to adopt more stringent rules. Discussion followed and Council Members McComb and Moss expressed concern about the safety of the citizens. They indicated that the pipelines are located all over the City and commented on the economic vitality of the community with regard to this industry. Mr. Moss stated that the City does not want to send a negative message to the pipeline industry and that generally speaking, the pipeline industry has a good record of safety. Council Member Guerrero indicated that the primary responsibility of the Council is to the citizens and their welfare. City Manager Garza indicated that staff will provide recommendations as soon as possible and will continue devising recommendations. Council Member Rhodes commented on the recycling program and several cities, MHMR participated in the recycling efforts. She that when the City goes out for bids that preference be given stated that in made a motion to anyone who would include MHMR or those that are developmentally disabled. The motion was seconded by Council Member Guerrero and passed unanimously by those and voting; Berlanga and Schwing absent at the time the vote was taken. Council Member McComb commented about the piece of art located in front of the library and requested a status report on the art. Mr. McComb referred to the pawnshop ordinance and inquired if the City can regulate pawnshop hours of operation. City Manager Garza stated that staff present Minutes Regular Council Meeting September 19, 1989 Page 16 Is working with the pawnshop owners and something will be presented to the Council shortly. Mr. McComb referred to the issue at Bill Witt Park where children fell through the roof of a building. He stated that he would like the City to check out the activities in Bill Witt Park. Council Member Guerrero commented on an issue regarding an upset retail tenant in the downtown area who needs City support pertaining to armadillo races. Council Member Martin referred to the Bill Witt Park issue and stated that the City should consider tearing down the building. Mayor Turner commented on an issue regarding an individual who was robbed a couple of times; his car was stolen; and he had to use his own money to get his car out of the pound. She stated that those individuals should not have to bear that expense and that the Council policy be revised. Mr. Louis Lovelace, 1549 Casa Grande, described his predictions relative to the old courthouse. Mr. Albert Spotlick, 1026 Vernon, commented on the Javelina pipeline issue whereby pipelines are intended to be located in his backyard. Mr. William comments relative Ms. Jannine stated that the located close t pipelines. Gardner expressed opposition to the new pipelines and made to the brine line. Foster, 1118 Vernon, spoke about the danger of pipelines. She City can pass an ordinance to stop the pipelines from being o residential homes. She then commented on the existing Ms. Teddy Murchie, 1102 Vernon, expressed opposition to the pipelines. She commented on the danger of pipelines and stated that the neighborhood needs an evacuation plan. The Council went into closed session at 6:30 p.m. under Article 6252-17, Section 2(e), V.A.C.S. to discuss contemplated litigation. The Council came out of closed session and there being no further business to come before the meeting body, the meeting adjourned at 7:35 p.m. on September 19, 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 19, 1989, which were approved by the City Council on September 26, 1989. WITNESSETH MY HAND AND SEAL, this the day of 1989. Betty T rner, Mayor Armando Chapa City Secretary