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HomeMy WebLinkAboutMinutes City Council - 10/17/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 17, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Leo Guerrero * Council Members: David Berlanga, Sr. Tom Hunt Edward A. Martin Joe McComb Clif Moss Frank Schwing Absent Mary Rhodes City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by the Most Reverend Rene H. Gracida following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Tom Hunt. Reverend Gracida presented Mayor Turner with a $50,000 check to the City on behalf of the John G. & Stella Marie Kenedy Foundation to assist in the City's D.A.R.E. Program. Representatives affiliated with the various school districts expressed appreciation to the Kenedy Foundation for their financial contribution and support in the D.A.R.E. Program. Mayor Turner presented a Proclamation to a representative of the P.A.D.R.E.S. Corporation designating October 22 - 29, 1989, as "National Red Ribbon Campaign for Drug Free America Week." Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Armando Flores, Jose Alvarado - Sister City Committee. 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. MICROFILMED Lutes ..gular Council Meeting October 17, 1989 Page 2 Mayor Turner called for approval of the Minutes of the Regular Council Meeting of October 10, 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 8 and a Council Member requested that Item No. 8 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 approved: 1. M89-0307 Motion approving a supply agreement for Emulsion Oil in accordance with Bid Invitation No. BI -0328-89 with Elf Asphalt, Corpus Christi, Texas, based on low bid of $20,640, subject to price adjustment. 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. The oil will be used by the Street Division. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 2. M89-0308 Motion approving a supply agreement for meal delivery service for the Elderly Nutrition Program, in accordance with Bid Invitation No. 81-0329-89 with R & R Delivery Service, Corpus Christi, Texas, for $84,502 based on low bid. 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. This service will be administered by the Senior Community Services. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 3. M89-0309 Motion approving a supply agreement for training ammunition and reload service to be used by the Police Department, in accordance with Bid Invitation No. BI -0302-89 with the Lone Star Ammunition for $15,416.75 based on total low bid. The term of the contract will be twelve months nutes agular Council Meeting October 17, 1989 Page 3 with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 4. M89-0310 Motion approving a supply agreement for loop detector sealant in accordance with Bid Invitation No. BI -0322-89 to Gillard, Inc. of Corpus Christi, Texas based on low bid for an estimated annual expenditure of $14,400. The term of this 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 loop detector sealant will be used by the Traffic Engineering Department. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 5. M89-0311 Motion authorizing the City Manager County to renew the designation of a Training Partnership Act of 1982, automatically renewed annually on July to execute a contract with Nueces Service Delivery Area under the Job effective July 1, 1989, to be 1 of subsequent years. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 6. ORDINANCE NO. 20796 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LONG JOHN SILVERS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A 138 SQUARE FOOT FREESTANDING SIGN ON LOT 3G, AND A 92 SQUARE FOOT FREESTANDING SIGN ON LOT 3F, PARK PLAZA ANNEX; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. 7. FIRST READING AUTHORIZING THE EXECUTION OF AN EASEMENT AND RIGHT OF WAY AGREEMENT GRANTING CENTRAL POWER AND LIGHT COMPANY A UTILITY EASEMENT FOR THE lutes :gular Council Meeting October 17, 1989 Page 4 RELOCATION OF UTILITY TRANSMISSION LINES ONTO ON. N. STEVENS WATER PLANT PROPERTY AT UP RIVER ROAD. The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken; Rhodes absent. * * * * * * * * * * * * * In response to a question from Council Member Martin relative to Item No. 8 on the Amendment to Dollar Rent-A-Car Concession Agreement, City Secretary Chapa stated that there are thirty days between the first and the third readings of an ordinance concerning a lease. There were no comments from the audience on Item No. 8. * Mayor Pro Tem Guerrero arrived at 2:30 p.m. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 8. ORDINANCE NO. 20797 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 third reading by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. * * * * * * * * * * * * * Mayor Turner recessed the Council Meeting to convene the JTPA Executive Committee Meeting. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for consideration of Items 9 and 10 to reconsider the authorization granted to staff to negotiate a contract for Engineering Services with Brown & Caldwell/Freese & Nichols, a Joint Venture, to prepare the Collection System Master Plan for the Southside Wastewater Treatment Plant Service Area on the Collection System Master Plan for Southside Wastewater Treatment Plant Service and to reconsider the authorization granted to staff to negotiate a Contract for Engineering Services with Black & Veatch Consulting Engineers to analyze in detail the Water Distribution System for the Northwest Area of the City. Mayor Turner expressed concern that autes regular Council Meeting October 17, 1989 Page 5 Requests for Proposals on these items were not sent to local companies. Mr. Robert Grun, representing the Nueces Chapter of the Texas Society of Professional Engineers, read from a prepared statement and stated that the City Engineering Department has done an excellent job of utilizing local expertise. He stated that the Society has no basis for concern and recommends that the City proceed with their negotiations with Brown, Caldwell/Freese & Nichols and Black & Veatch Consulting Engineers. Deputy City Manager Jesus Garza briefly explained the rationale regarding the staff's recommendations. He stated that Item No. 9 is an on-going contract and it is staff's opinion that each term of the contract has been completed. Mr. Doug Hern, President of the Corpus Christi Branch of the American Society of Civil Engineers, read from a prepared statement and stated that the Society believes the City should only directly acquire engineering talent from outside the community when the requirements of the project leave no other reasonable avenue. He stated that they support the staff's recommendation because it is a local extension of the original contract. A short discussion followed and various Council Members spoke in support of these projects going out for bid. Council Member Martin expressed the opinion that Item No. 10 is a legitimate continuation of a project which is missing an element but expressed concern about Item No. 9, stating that they have had a previous contract with the City and have already been paid. Mr. Martin stated that pricing should be included in the consideration and selection of the proposal. Pertaining to Item No. 9, Mayor Pro Tem Guerrero moved to overturn M89-0300 authorizing the staff to negotiate contracts for engineering services with Brown, Caldwell/Freese & Nichols and to direct staff to go out for bids. The motion was seconded by Council Member Hunt and passed unanimously; Rhodes absent. (M89-0312) Regarding Item No. 10, Mayor Pro Tem Guerrero moved to overturn M89-0301 authorizing the staff to negotiate contracts for engineering services with Black & Veatch Consulting Engineers and to direct staff to go out for bids. The motion was seconded by Council Member Moss and passed by the following vote: Turner, Guerrero, Berlanga, McComb and Moss voting, "Aye"; Hunt, Martin and Schwing voting, "No"; Rhodes absent. (M89-0313) Relative to Item No. 10, the Ray Hunley Lease, Council Member Moss inquired about Marine and Industrial Supplies, Inc., and Mr. William W. Didlake, Secretary of Marine & Industrial Supplies, Inc., provided background information on Marine and Industrial Supplies; he commented on the transfer of the lease from Ray Hunley; and he presented an artist's rendering of the project. mutes _.egular Council Meeting October 17, 1989 Page 6 In answer to a question from Council Member Martin, Assistant City Manager Hennings explained the lease agreement, including the amendments to the lease and the remuneration to the City. He also commented on the parking, the zoning and other uses in the area. Mr. Hennings stated that the transfer of the lease will allow the City to offer expanded boat services to slip tenants and visiting boaters and increase revenues. Council Member Martin expressed concern whether the City is following all zoning ordinances regarding the expansion of services, and Deputy City Manager Garza stated that staff will look into the matter and provide Council with a report. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 11. FIRST READING AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH RAY HUNLEY FOR A BOAT REPAIR FACILITY ON THE L -HEAD TO ASSIGN THE LEASE TO MARINE AND INDUSTRIAL SUPPLIES, INC., RESTRUCTURE THE SCHEDULE FOR RENTAL PAYMENTS, AND AUTHORIZE ADDITIONAL USES. The foregoing ordinance passed on first reading by the following vote: Turner, Guerrero, Berlanga, Hunt, McComb, Moss and Schwing voting, "Aye"; Martin absent at the time the vote was taken; Rhodes absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 13. Application No. 989-1, Mr. Tony Ramirez: For a change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District on Lots 6 and 7, Block 5, Roblex Industrial Area, located on the south side of State Highway 44, approximately 720' east of McCampbell Road. Mayor Turner indicated that the Planning Commission and Planning Staff recommend denial of "I-3", and in lieu thereof, grant a special permit for the storage of wrecked vehicles with 3 conditions, and in accordance with the approved site plan on Lots 6 and 7, Block 5, Roblex Industrial Area. Mayor Turner inquired if a special permit was acceptable to the applicant, and he responded in the affirmative. No one spoke in opposition of this zoning application. A motion was made by Mayor Pro Tem Guerrero to close the public hearing; seconded by Council Member Moss and passed unanimously by those present and voting. lutes .gular Council Meeting October 17, 1989 Page 7 City Secretary Chapa advised the Council that the 20 percent rule was in effect and polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20798 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TONY RAMIREZ BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE STORAGE OF WRECKED VEHICLES WITH SPECIFIED CONDITIONS ON LOTS 6 AND 7, BLOCK 5, ROBLEX INDUSTRIAL AREA; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 15. Application No. 989-5, St. Paul United Church of Christ: For a change of zoning from "A-1" Apartment House District to "B-4" General Business District on Tract A, Lindale Park Unit 4, located on the northeast corner of Texan Trail and Reid Drive. Mayor Turner indicated that the Planning Commission and Planning Staff recommend approval of this application. No one spoke in opposition to this zoning application. A motion was made by Mayor Pro Tem Guerrero to close the public hearing; seconded by Council Member Berlanga and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20800 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ST. PAUL UNITED CHURCH OF CHRIST BY CHANGING THE ZONING MAP IN REFERENCE TO TRACT A, LINDALE PARK UNIT 4, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. * * * * * * * * * * * * * utes .gular Council Meeting October 17, 1989 Page 8 Mayor Turner announced the public hearing on the following zoning application: 14. Application No. 989-2, Mr. Miguel A. Rosado: For a change of zoning from "AB" Professional Office District to "B-4" General Business District on Lot 19, Block 6, Koolside Addition, located on the west side of Airline Road, between Hugo and Shamrock Drives. Mayor Turner indicated that the Planning Commission and Planning Staff recommend denial of "B-4", and in lieu thereof, grant "B-1" zoning. Ms. Catherine Hrissikopoulos 310 Baycliff, spoke on behalf of the applicant, stating that she owns the property on Airline that the applicant is renting. She stated that the applicant lives on the premises; he does upholstery on cars and furniture; and he sells newly upholstered furniture. She inquired about a special permit. Director of Planning, Brandol Harvey, briefly explained the uses in "8-1" and "B-4" zoning. He stated that the issue of a special permit had been addressed by the Planning Commission and Planning Staff and it could not be worked out. Ms. Barbara Cline, 921 Dorothy, stated that she owns rental property in the area and is opposed to a special permit for "B-4" zoning. Ms. Ruby Winstead, 921 Airline, spoke in opposition to "B-4" zoning. A motion was made by Mayor Pro Tem Guerrero to close the public hearing; seconded by Council Member Moss and passed unanimously by those present and voting. Mr. Harvey provided background information on the application, stating that the applicant was given a citation because of improper zoning. City Secretary Chapa advised the Council that the twenty percent rule was in effect and polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20799 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MIGUEL A. ROSADO BY CHANGING THE ZONING MPA IN REFERENCE TO LOT 19, BLOCK 6, KOOLSIDE 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, Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes absent. nutes 4gular Council Meeting October 17, 1989 Page 9 After the Council granted the applicant "B-1" zoning, they discussed granting a special permit while viewing slides of the area in question. Council Member Martin expressed the opinion that the Council has made a commitment to that area of the street and it is being upgraded to "B-1" zoning. He stated that it is not the Council's job to match zoning of property to the uses. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 12 pertaining to the Pawnbrokers Ordinance. She expressed concern about the number of robberies in the City and stated that the Police Department has few tools to work with and fingerprinting is an extra tool which they have requested to help them curb the City's escalating burglary problem. She stated that the current system does not work. Mr. David Diaz presented material to the Council. He spoke in favor of the pawnshop ordinance but expressed opposition to the fingerprinting aspect. After some discussion, various Council Members expressed concern regarding the fingerprinting aspect and the hours of operation of the pawnshops. Council Member Martin suggested that the item be tabled for thirty days, stating that there may be a better form of identification. He suggested that the staff meet with local pawnshop representatives to come up with alternate ways to prevent stolen merchandise from being pawned in local shops. A motion was made by Council Member McComb to table the ordinance for thirty days and direct staff to meet with representatives in the pawnshop industry. The motion was seconded by Mayor Pro Tem Guerrero and passed by the following vote: Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Turner voting, "No"; Rhodes absent. Ms. Theresa Rasco. 715 South Upper Broadway, expressed opposition to the fingerprinting aspect of the ordinance and stated that local pawnbrokers have always been willing to cooperate with the Police Department when they are requested to. She also expressed concern about holding merchandise for fourteen days, and City Attorney George responded to her concern, stating that the ordinance states that the fourteen -day waiting period shall not be applicable when the pawned property is sought to be redeemed by the depositor. The following individuals expressed opposition to the fingerprinting aspect of the proposed pawnshop ordinance: Ms. Angie Goldsmith, Alamo Loan and Jewelry; Ms. Murel Logue, 3229 Manassas Lane, Area Supervisor for the Transamerica Pawn Corporation; Mr. Larry Atkinson, 4222 Cottage; Mr. Charles Jones, 715 Upper Broadway; Ms. Janis Barlup, 2021 Melissa Lane; Mr. Guy Diamond, Blue Water Pawnshop; Mr. Luke Singerson, 2806 Kitchen; Mr. Joseph Stagnon, 715 South Upper Broadway; A Gentlemen employed at Alamo Pawn and Jewelry; Mr. James Jones, 5220 nutes agular Council Meeting October 17, 1989 Page 10 Ayers; Ms. Christello Shawn, 437 Pleiades; and Mr. Joe K. Smith, a representative of the Coastal Bend Pawnbrokers Association. 12. Tabled AMENDINGa-gq7-4W434414.01kgRS-r-SECANDHAND—REALBRS—AND—GEM-404)--METAb DEATARST4ENDING-404S—gq-41--3-7-2-r—REGM,SD--33-3.1-4N.E44E.0q4,0N—OF REGGRDS-AND-B.TOCK1-4-7-4-5-PET-UTW-4H7444AgNARIa-P-RRSGWA17-PROPERTY-NOT-TO BE-4R;M(PAAD-r-ETGTT-4WPRJ—FOURTEEN—BRIB4NESS-DAYS-AFTER-HATE-4W—PURGHASEr EXGEPT;ON81-414D4-NG—A-44BW-44K-3;-10T-POSSESSION-194L-I-TBMS-4TW4L-HAVE ALTEREBT---OBL-LTERAT-BD-,- -NaBB4NG- SE1tTI4fr--9R---1.D.ENT-I-T-I-GA44-014---NUMBERB PRGHIBITEDI—ADDING-A-NEW-SEGT;ON-3;-117-REGISTERED-PAWNSHOPS-ANH-SEGGNDHAND STORBSt-ANNBER1416-44HPAWF-SErgPFGR-37-19-410-44;(A4ON-34-1-21--PRoVIDING FOR-6EVERANGEt-AND-PROVIDING-FOR-PUBbIGATIONT Mayor Turner recessed the Regular Council Meeting to conduct the Meetings of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 5:12 p.m. and called for consideration of Item No. 16 regarding an Agreement of the Corpus Christi Industrial Development Corporation with respect to the issuance of bonds for De Dietrich (USA), Inc. City Secretary Chapa polled the Council for their votes and the following resolution was passed: 16. RESOLUTION NO. 20801 RESOLUTION APPROVING AN AGREEMENT OF THE CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION WITH RESPECT TO THE ISSUANCE OF BONDS FOR DE DIETRICH (USA), INC. The foregoing resolution passed by the following vote: Turner, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Guerrero, Berlanga absent at the time the vote was taken; Rhodes absent. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza reminded the Council about the TML conference which will be held in San Antonio next week. Council Member Martin requested staff to research the prior agreement made between the City and Port Aransas which extended the Port Aransas city limits. Be aaked that this matter be placed on the agenda to be discussed by the Council before any action is considered. nutes .egular Council Meeting October 17, 1989 Page 11 Council Member Martin, in regard to the J -Sand agreement for an RV Park on Corpus Christi Beach, requested a summary of the origination of the proposal and subsequent Council actions. He also requested that staff review the City's percentage -rent contract to ensure that the proposed lease agreement meets the current market price. He requested that this information be distributed to the Council. Council Member Hunt suggested that a new procedure for Board and Committee appointments should be implemented, and Mayor Turner requested City Secretary Chapa poll the Council for their viewpoints on conducting the board appointments by written ballot. Council Member Hunt inquired about the cost which might be incurred by the City because of the limited amount of parking spaces available at the site of the new police building, and Deputy City Manager Garza responded that he will research the matter and provide the Council with a report. Council Member McComb inquired as to the status of Environmed's request to the Texas Department of Health for a permit to construct a medical waste facility in Corpus Christi. City Attorney Hal George responded that a prehearing conference was held on Friday, October 13, 1989 to have the City designated as a party in this hearing before the Texas Department of Health. He stated that the other protestants in this action filed a motion to withdraw, thereby, leaving the City as the only protestant in this case. Mayor Turner requested staff to provide an update regarding the Environmed, Inc. issue. Mayor Turner inquired about the City's policy regarding towing and impoundment of stolen vehicles and suggested that this policy be reviewed, and Senior Assistant to the City Manager, Tomas Duran, informed the Council that this material will be presented to the Council shortly. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Albert Spalek, 1026 Vernon Drive, inquired on the status of the Javelina pipeline matter, and City Manager Garza responded that a report on this matter will be forthcoming to the Council. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 5:35 p.m. on October 17, 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 October 17, 1989, which were approved by the City Council on October 24, 1989. WITNESSETH MY HAND AND SEAL, this the day of , 1989. 7906(a -Ce-o /Betty Ttirner, Mayor LA-Vir-riThr-.73h Armando Chapa City Secretary