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HomeMy WebLinkAboutMinutes City Council - 11/20/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 20, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik l% City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Ms. Chris White who led the Council and the audience in the Campfire Girls' Prayer, following which Council Member Leo Guerrero led the Pledge of Allegiance to the Flag of the United States. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular Council Meeting of November 6, 1984 and the Special Council Meeting of November 13, 1984 be approved as presented; seconded by Council Member Slavik; and passed unanimously. Mayor Jones recognized the Campfire Girls who were present to make a presentation to the Council. Miss Jill Goodman, Campfire Girl, addressed the Council and presented candy to the Council Members in connection with their sale of candy to the public. Miss Goodman informed the Council that Mrs. Mary King was the Executive Director of the Campfire Girls. M`eRpF ILMEO lutes _gular Council Meeting November 20, 1984 Page 2 * Council Member Kennedy arrived at the meeting at 2:09 p.m. * * * * * * * * * Mayor Jones administered the oath to Mr. Bob Almendarez, newly appointed member to the Marina Advisory Board. Mayor Jones recognized the presence of Mr. Lee Noble, President of the ILA, who introduced other members who were present. Mayor Jones then called for Board and Committee appointments, noting that there is a need for the Council to appoint three Commissioners to the Port Authority. Mayor Jones then called for nominations for these appointments and the following were made: Council Member Slavik nominated Mr. Richard Valls; Council Member Berlanga nominated Mr. Joe Galan; Council Member Brown nominated Mr. Joe R. Fulton; Council Member Guerrero nominated Ms. Liz Flores; and Council Member McComb nominated Cindy Boudloche Several of the Council Members indicated that they would like to make remarks in regard to the nominations. Mayor Pro Tem Turner spoke in regard to Liz Flores and pointed out that her field is transportation and she is a member of the Transit Authority. Council Member Mendez stated that Mr. Joe Galan is a Business Agent for ILA and he felt that he would make a good contribution to the Port Authority. He stated that Mr. Galan has worked for over twenty years for the Port and has served as Business Agent of the Longshoremen' Union Association for some time; therefore, he will have the best interest of the Port at heart. Council Member Guerrero concurred but spoke in favor of Mr. Richard Valls because of his many contributions to the Port. Council Member McComb spoke in regard to Cindy Boudloche and stated that she is extremely well qualified; she is a CPA and is familiar with the Port; and she was Office Manager of a shipping firm. Mr. McComb noted that Ms. Boudloche has no conflict of interest. He stated that he has some concern about public concept of the Port Commissioners and expressed concern about the fact that the State Legislature expanded the Port Commission to seven and pointed out the fact that Senator Carlos Truan is the brother-in-law of Mr. Galan. He stated that he was concerned about this because of the possibility of State manipulation since Mr. Galan is the brother-in-law of Senator Truan. nutes agular Council Meeting November 20, 1984 Page 3 Council Member Slavik spoke in favor of Mr. Richard Valls because of his intelligence and the fact that he has been instrumental in improving the Port. Council Member Brown spoke on behalf of Mr. Joe Fulton, noting that he is a contractor; he has a degree in Engineering; and he felt that he is a leader in this community and would be an asset to the Commission. Council Member Berlanga spoke in favor of Mr. Galan and pointed out that the relationship between him and Senator Truan is very remote. He expressed the opinion that it would be an injustice not to appoint Mr. Galan just because of this relationship. He pointed out that Mr. Galan was working at the Port long before Senator Truan introduced this bill. Mayor Jones then called for the vote on the nominees and the following were elected: Mr. Richard Valls, Mr. Joe Galan, and Mr. Joe R. Fulton. A motion was made by Mayor Pro Tem Turner that the foregoing appointments be confirmed, seconded by Council Member Brown and passed unanimously. It was noted that the terms of the Port Commissioners are staggered and the following terms were set for the new appointees: A motion was made by Council Member Slavik that Mr. Valls be appointed for the three-year term, seconded by Council Member Guerrero and passed unanimously. A motion was made by Council Member Berlanga that Mr. Galan be appointed for the two-year term, seconded by Council Member Guerrero and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, voting "no". Mr. Fulton's term was set at one year. * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received December 12, 1984 for a prefabricated storage building for the Traffic Engineering Division. Estimated expenditure is $6,000. This item is included in the 1984-85 Capital Outlay Budget. 2. Bids be received December 12, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for portable chemical toilet service. An estimated twenty-two units will be required for Nieces River Park, Corpus Christi Peach, Westside and Elliott Landfills, and at various Public Utility Department construction sites. Estimated expenditure is $15,000. nutes .egular Council Meeting November 20, 1984 Page 4 3. Bids be received December 12, 1984, for a microfilm camera and retrieval system, and reader/printer for the Police Department. Estimated expenditure is $17,500. These items are included in the 1984-85 Capital Outlay Budget. 4. Bids be received December 19, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for sludge dewatering polymers to be used by Wastewater Division for treating wastewater. Estimated annual expenditure is $120,000. 5. Proposals be received December 12, 1984, for a twelve months supply agreement, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager, or his designee, for furnishing books, phonodiscs and video cassettes to the Corpus Christi Public Library and to the South Texas Library System. Estimated annual expenditure is $973,O00. 6. Approving a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for approximately 3,740 pairs of leather palm work gloves, to be used by all divisions and stored in City Warehouse, based on low bid meeting specifications to Vallen Corporation, Corpus Christi, for $8,408.20. Twelve bid invitations were issued and nine bids were received. Prices have remained the same from last contract of November, 1983. 7. Approving extension of supply agreements for street construction materials through January 15, 1985. The current situation to amend street construction material specifications has delayed establishing new supply agreements. Present supply agreements must be extended in order to assure an uninterrupted working supply of materials. Suppliers are in agreement with the extensions. Whites Mines, Inc. Cold Mix Asphalt Pavement Type B & CC -0- Aggregate for Surface Treatments, Grades 3, 4 & 6 $155,580 Black Base -0- South Texas Construction Caliche $ 16,500 Heldenfels Brothers, Inc. Hot Mix, Type D $101,080 Hot Mix, Cold Laid -0- US Gypsum Lime Estimated 2 months usage: $273,760 inutes .egular Council Meeting November 20, 1984 Page 5 8. Approving the purchase of one automatic envelope inserting machine for Public Utilities from Pitney Bowes, Inc., on the basis of low bid for a total of $7,707. 9. Authorizing the City Manager to execute a contract for $53,300 with the U.S. Equal Employment Opportunity Commission to continue the City's Human Relations activity for the period of October 1, 1984 to September 30, 1985. Human Relations is expected to resolve 130 charges for which the City will be reimbursed $410 per charge. Council Member Slavik referred to item 7 in regard to the street construction materials. She requested a further explanation and inquired if this is the matter that has been of concern to the Berry Contracting Company. City Manager Martin explained that this is to take care of the interim period until bids have been received on the new product. He stated that the specifications to go out for bids will be on the agenda next week. He reminded the Council that the bids were canceled some time ago; the Staff prepared other specifications; and since there has been a delay, it is necessary to purchase these products until bids have been received. 10. Authorizing payment of $49,550 from the Wastewater Services Fund to the State of Texas in settlement of a lawsuit filed by the State against the City for permit violations at the Allison Wastewater Treatment Plant. 11. Crowell Drilling Company be authorized to drill two (2) additional wells at a total cost of $275,429. The wells will be located in the vicinity of Lake Corpus Christi. The addition of the two wells is provided for at the City's option under the original contract. Funds for this work have previously been appropriated by Ordinance No. 18519. 12. Plans and specifications be approved and bids be received on December 17, 1984, for a multipurpose court at Greenwood Park adjacent to Garcia Elementary School. A 62 foot by 120 foot multipurpose slab will be installed and striped for tennis, basketball, four square and newcomb games for park users and Garcia Elementary School students. 13. Plans and specifications be approved and bids be received on December 17, 1984, for the West Oso High School Tennis Court Rehabilitation and Lighting Improvements project. The existing tennis courts would be reworked and resurfaced and lights would be installed in accordance with the tentative agreement between the City and the West Oso Independent School District. Mayor Jcnes called for comments from the audience on the Consent Motions. Mr. M. G. Berry, 9545 Paula Street, spoke in regard to item 7 and read a letter dated October 22, 1984 in regard to the street construction materials. He objected to the purchase of materials and noted that the price of these materials has decreased. He expressed the opinion that there should have been an opportunity for competition on this item. nutes :gular Council Meeting November 20, 1984 Page 6 In regard to item 11, drilling of additional water wells, Council Member Slavik inquired if a notice to bidders is published in the newspaper, and Assistant City Manager Lontos stated that it is advertised for two consecutive weeks, usually on Mondays. City Manager Martin stated that the last time bids were received, five bidders responded and this particular item is from the original bid for water wells. Referring to item 12, Mrs. Slavik then inquired if the schools would be paying for any of the construction costs for the tennis courts, and City Manager Martin stated that they would not; the construction is a result of a bond issue to expand availability of tennis courts; this is a City project; and the school district does not make money available for this type of project. Referring to item 7, extension of supply agreements for street construction materials, Council Member Mendez stated that this contract is being issued up to January 15, at which time a decision will be made as to the question of sole source bidding or competitive bids and that he is in favor of this item. Council Member Berlanga stated that he agrees with Mr. Berry; it should be the City's intention to save money wherever possible; and he hopes that this kind of situation does not happen again. City Manager Martin, referring to item 5, stated that approximately $287,000 of this cost will be the City's; the City receives the bids for 41 other cities, which amounts to $756 for other jurisdictions. Mayor Jones inquired if the City receives a fee for this service and Mr. Martin stated the City receives administrative funds for the South Texas Library System. Mayor Pro Tem Turner inquired as to how the City receives bids on the books, and Mr. Martin stated that it is bid by category. Mrs. Turner then inquired if there were any local bidders and Mr. F. D. Glenn, Purchasing Agent, stated that there were none. A motion was made by Council Member Berlanga that Consent Motions, items 1 through 13, be approved, seconded by Council Member Brown and passed unanimously. * * * * * * * * x * Mayor Jones called for consideration of the Consent Ordinances. He referred to ordinance 14, the maintenance agreement with the School District for the tennis courts, and inquired if the City would be liable for vandalism at the courts. :notes ,egular Council Meeting November 20, 1984 Page 7 Mr. Terry Dopson, Director of Parks and Recreation, stated that the City would be liable for such damages and that the School District is responsible for basic maintenance and pays the utilities for the courts. Council Member Guerrero, referring to Ordinance 16 which awards a contract to Ibanez Construction Company, stated that he did not want this project to be delayed due to problems with the bonding company and City Manager Martin stated that there will not be a long delay; the City does not pre -qualify bidders; Mr. Ibanez' work has been good; if Mr. Ibanez' work was not satisfactory, the Staff would not be recommending this item; and this project will be monitored by the Staff. Mr. Lontos stated that Ibanez Construction Company submitted a bid bond but stated that they have talked with one bonding company which indicated that they had a problem in issuing him a bond. He expressed the opinion that the City Staff will know within ten days if Mr. Ibanez can obtain a bond. Council Member Guerrero inquired if Ibanez does not obtain a bond within ten days if the contract will be awarded to Chapa. City Manager Martin noted that the Council needs to concur and issue a very, very strong message that they expect good work from this contractor. Mr. Lontos continued by pointing out to the Council that the job is labor intensive; the difference between the two contracts is $18,000; and this would be enough to purchase the materials and that is the reason the Staff recommends award to the low bidder, Ibanez Construction Company. Mayor Pro Tem Turner referred to Ordinance No. 14 which authorizes an agreement with the West Oso Independent School District. She expressed the opinion that the School District should provide maintenance and inquired if there were other School Districts where the City provides maintenance. City Manager Martin pointed out that those are the City's courts and this is the only one for which the City provides maintenance. Mr. Terry Dopson, Director of Parks and Recreation, pointed out that if maintenance comes up again, the matter will be before the City Council. He also pointed out that these are the only courts that belong to the City. Referring to Ordinance No. 20 which authorizes the award of contract to Claude Chapman Construction Company for the George Evans School Area Street Improvements Phase II, Council Member Berlanga noted that the night the public hearing was conducted on this project, there was a question as to how many sewer lines would be replaced as a part of the project and he was told very little. He stated that he had received a number of requests for new sewer lines on the streets involved. nutes -.egular Council Meeting November 20, 1984 Page 8 Assistant City Manager Lontos stated that they did not even know where the sewer lines were located but new lines will be installed at Josephine and Mestina Streets and if any taps are damaged during construction, they will be replaced. Council Member Berlanga expressed the opinion that others needed to be replaced also. Mr. Lontos explained that the sewer lines in that area are composed of clay pipe and they are not usually damaged except by being crushed. He assured Mr. Berlanga that if the joints are bad, they will be replaced and the Staff has no indication that there are inferior joints because this type of material functions perfectly. Council Member Slavik referred to Ordinance No. 16 which was discussed earlier and inquired as to why there were only two bids submitted on this project. Mr. Lontos stated that he did not know but it is a small project; the project is in Flour Bluff; and a lot of contractors do not like to deal with the Flour Bluff soil, which might explain why only two bids were submitted. Council Member Slavik referred to item no. 22 and inquired as which consulting firm will be hired, and Mr. Utter replied that it will be Mr. Kenneth Laventhal Company from their office in San Francisco. Council Member Mendez reminded the Council that at the time Mr. Joe Fulton appeared before the Council to request funds for this study, the Council Members brought up the fact that they would like to have included in the study the possibility of replacement of Exposition Hall. City Manager Martin assured the Council that this is included in the package as the Council requested and in fact, the contract specifies that the Exposition Hall should be included in the study. Council Member McComb referred to Ordinance No. 24 which is the second reading of the ordinance amending the water rate schedule and stated that he would like for the City Staff to provide some figures as to how they arrived at these figures. He noted that it is the City's responsibility to pay for and deliver water. He pointed out that industry has played a vital part in this City's economic base and when a drastic water rate increase is approved, this makes it very difficult for the industries and might discourage expansion or new industry. Council Member Kennedy agreed and stated that it is critical that the Council is provided with a breakdown of the figures. He stated that he could not approve a 15/85% split to be paid by residential and industry and stated that he could not support increasing rates that would be greater than 40/60% split between residential and commercial. .nutes ,egular Council Meeting November 20, 1984 Page 9 Discussion followed in regard to the way the figure of $3 for a minimum for residential users was arrived at, and Council Member Mendez stated that he concurred with Council Member McComb that the Council did need more information in regard to the effect these figures will have over the overall Water Fund. He agreed that there was a need to look at the alternatives and when that information is available, they could vote intelligently on the second reading of the ordinance. He suggested delaying this second reading. City Manager Martin stated that he did not have any more information than he had previously provided the Council because the Staff presented many different alternatives the preceding week. He stated that he would be glad to meet with industry leaders to discuss the water rate increase but he did need guidance from the City Council Members. Mayor Pro Tem Turner pointed out that the Council has not heard from the other industries. She stated that she agrees that City Manager Martin needs to discuss this with the Board of Trade in connection with the increases for industry. She inquired if it is necessary to make this water rate increase permanent or if they could be maintained in a separate fund to collect interest and used for the cost of obtaining additional water. She suggested that the ordinance be approved on second reading and that the third reading be delayed until industry has had an opportunity to discuss it with the Staff. City Manager Martin pointed out that the reference to Water Fund is that it is actually a fund and it is important to know that these increases are for operating expenses. He stated that as to whether or not they are permanent, this would depend upon the amount of rainfall the City receives. Mayor Jones interjected that the City has to finance an additional supply of water and it is necessary that the Council Members tell the Staff how they want the rates increased to do this. He made the observation that Alternate 1 was probably one of the fairest methods deviced. He pointed out, also, that this City's rate compare favorably with rates in other cities. He noted that Council Member Kennedy had suggested a 40/60% split but stated that he would prefer a 50/50% split. Council Member McComb reminded the Council that earlier they had passed a built-in 5% rate increase over the next fifteen years and one possible trade-off would be to increase the minimum of $2.58 to $5 which would provide enough money for the increased operating costs. Mr. Hal Fessler, speaking on behalf of ten or fifteen companies, stated that he is President of the Board of Trade. He stated that he felt that industry has tried to conserve water a great deal. He stated that they are in support of finding new water resources but they feel that the cost should be equitably increased. He recommended that the reading of the ordinance be delayed until the industry can work this out. .nutes .egular Council Meeting November 20, 1984 Page 10 Mr. Fessler commented that industry would consider an equitable compromise to be a 50/50% split. Mr. Ted Higginbotham of Saber Refinery also addressed the Council and urged that they consider the 50/50% split. Council Member Slavik stated that she is concerned about the residential user who uses less than 6,000 gallons and if the minimum has to be raised, she would agree with that but she did not think that she could vote for Alternate 1 as presented the preceding week. City Manager Martin explained that Alternate 1 is a 23% increase across the board but if the Council wanted to have figures closer to 60/40% split, this could be done if the Council would consider raising the minimum by $1 and reduce the industrial by 4C to 5. He stated that the 73 increase represented across the board increase for all users. He stated that he would suggest that the Council place the increase on the minimum residential user rate rather than the next step. City Manager Martin suggested that the second reading be conducted today and delay the third reading until December 4th in order to provide time for the Staff to present to the Council several alternatives. A motion was made by Mayor Pro Tem Turner that the ordinance increasing the water rates be passed on second reading and that the third reading be considered on December 4th with alternatives that represent an addition to Alternate 6 modified that represent from 50/50 split to 70/30. The motion was seconded by Council Member Brown and passed unanimously. City Manager Martin stated that if it is approved on December 4th, the ordinance could still be put into effect on December 9th. There were no further comments from the audience on the ordinances and the following were approved: 14. ORDINANCE NO. 18554: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE WEST Oso INDEPENDENT SCHOOL DISTRICT FOR THE REPAIR, REHABILITATION AND LIGHTING OF THE FOUR EXISTING TENNIS COURTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. ORDINANCE NO. 18555: AUTHORIZING THE EXECUTION CF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHEREBY THE CITY AGREES TO THE ERECTION OF RAILROAD CROSSING WARNING SIGNALS ON NORTH PORT AVENUE AT THE MISSOURI PACIFIC RAILROAD CROSSING NORTH OF WEST BROADWAY, TO BE PERFORMED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; APPROPRIATING $4,750; AND DECLARING AN EMERGENCY. mutes rcegular Council Meeting November 20, 1984 Page 11 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 16. ORDINANCE NO. 18556: AUTHORIZING THE EXECUTION OF A CONTRACT WITH IBANEZ CONSTRUCTION COMPANY FOR THE LEXINGTON INDUSTRIAL CENTER AND MANCHESTER PLACE/DONA PARK SANITARY SEWER EXTENSION; APPROPRIATING $75,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. ORDINANCE NO. 18557: APPROPRIATING $13,500 TO SUPPLEMENT PREVIOUSLY APPROPRIATED FUNDS FOR FINAL PAYMENT TO SOUTH TEXAS CONSTRUCTION COMPANY FOR THE WASTEWATER, PARK AND HEAVY EQUIPMENT MAINTENANCE BUILDINGS AT THE CITY SERVICE CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. ORDINANCE NO. 18558: APPROPRIATING $135,675.15 TO SUPPLEMENT $144,932.48 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19. ORDINANCE NO. 18559: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: George evans School Area, Phase II 1. Howard and Mestina Streets, from Sam Rankin Street to Brownlee Boulevard, 2. Stun Rankin Street, from Caldwell Street to Comanche Street, and 3. Josephine and Mexico Streets, from Caldwell Street to L.H. 37 Access Road (Antelope Street); nutes .,egular Council Meeting November 20, 1984 Page 12 FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 20. ORDINANCE NO. 18560: AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY FOR THE GEORGE EVANS SCHOOL AREA STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $1,020,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 21. ORDINANCE NO. 18561: CLOSING AND ABANDONING A 10 FOOT WIDE UTILITY EASEMENT ALONG THE COMMON LOT LINE OF LOTS 8 and 9, BLOCK 18, WOODLAND CREEK UNIT 6, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 22. ORDINANCE NO. 18562: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTH TEXAS CHAPTER AGC FOR A FEASIBILITY STUDY OF AN ARENA IN THE BAYFRONT SCIENCE PARK; APPROPRIATING $15,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 23. SECOND READING: AMENDING THE CODE OF ORDINANCES BY DELETING SECTION 53-195, PROCEDURE FOR COVERING PARKING METERS AND ESTABLISHING CHARGES DURING CONSTRUCTION OR REPAIR OF BUILDINGS AND SECTION 53-196, PROCEDURES FOR RENDERING CURB SPACE UNUSABLE; ESTABLISHING CHARGES DURING CONSTRUCTION OR REPAIR OF BUILDINGS, AND SUBSTITUTING THEREFOR A NEW SECTION 53-195, PROCEDURES FOR OCCUPANCY OF PUBLIC RIGHT-OF-WAY COVERING OF PARKING METERS AND RENDERING OF CURB SPACE UNUSABLE AND ESTABLISHING CHARGES DURING CONSTRUCTION OR REPAIR OF BUILDINGS. zutes ..egular Council Meeting November 20, 1984 Page 13 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 24. SECOND READING: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISIONS AS AMENDED BY ORDINANCES 17166 AND 18351, PASSED AND APPROVED JULY 28, 1984, AND JULY 24, 1984, RESPECTIVELY, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO REVISE WATER RATES FOR CUSTOMERS USING TREATED OR UNTREATED WATER. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * * Mayor Jones called for consideration of the ordinances from the Regular Agenda on items 25 and 26. The first reading of the ordinance listed as 25 is to approve the following revisions to the 1979 Corpus Christi Urban Transportation Plan. a) The residential collector status of Wooldridge between Staples and Airline should be changed to a cross-section "E" arterial. b) The development of the Bent Tree Subdivision with private streets precludes the continuation of the collector street proposed from Wooldridge to Cimarron, therefore this collector should be removed from the Plan. c) The proposed "E" cross-section of Cimarron Boulevard, south of Yorktown and adjoining the proposed King's Crossing Subdivision should be reduced to a special alignment with four moving lanes. The right-cf-way will be continued at 80' to allow for the potential of an expanded cross-section if needed. d) The removal of the Oso bridge crossings at Cimarron and Greenwood. e) The discontinuance of the Saratoga extension of Clarkwood and the addition of Manning Road and a link between Saratoga and Manning over County Road 34 as a cross-section "E" arterial. f) To revise the alignment of the Crosstown Extension to parallel Ayers and to require a minimum of 400' right-of-way for Expressway construction. Mr. Larry Wenger, Director of Planning, explained the reason for the recommended changes. mutes Regular Council Meeting November 20, 1984 Page 14 Council Member Mendez referred to item d, concerning bridges at Cimarron and Greenwood across the Oso, and noted that there have been other proposals where bridges were required across the Oso. He asked if the FEMA regulations would affect those other crossings. Mr. Wenger pointed out that the other bridge crossings are not nearly as wide as the ones proposed at Cimarron and Greenwood and the FEMA regulations just address these two that would cover very wide areas. Mayor Jones called for comments from the audience on Ordinance No. 25 and there was no response. Mayor Jones then called for comments on Ordinance No. 26 which amends Section 55-151 of the Code of Ordinances to provide for the watering of grass once every ten days and other relief from the Water Allocation Plan. Council Member McComb stated he still was of the opinion that there should be some limitation on times that watering can be done. Mayor Jones stated that if this decreases the water supply, the City can go back to the stricter system. City Manager Martin informed the Council that it had been determined that this ordinance can be published on November 21st and it could be placed in effect that date so that addresses which end with a No. 1 could start watering their lawns tomorrow. He agreed that it is possible that the City will have to go back to rationing of water. In the temporary absence of the City Secretary, Assistant City Secretary Dorothy Zahn polled the Council for their votes on Ordinances 25 and 26 and the following ordinances were passed: 25. FIRST READING: AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION STUDY -1979 ADOPTED BY ORDINANCE NO. 15181. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 26. ORDINANCE NO. 18563: AMENDING SECTION 55-151, "PROHIBITION AND REGULATION OF USES", OF THE WATER CONSERVATION ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, TO AUTHORIZE THE PERMITTING OF THE WATERING OF CERTAIN VEGETATION AT SPECIFIED TIMES DURING A CONDITION II WATER SHORTAGE; AUTHORIZING THE PERMITTING OF LAWN WATERING ONCE EVERY TEN DAYS UNDER SPECIFIED CIRCUMSTANCES DURING A mutes Regular Council Meeting November 20, 1984 Page 15 CONDITION II WATER SHORTAGE; PROVIDING FOR THE USE OF FIRE HYDRANTS FOR CERTAIN PURPOSES UNDER A CONDITION II WATER SHORTAGE; CONFORMING REMAINING SECTIONS OF THE ORDINANCE TO SUCH AMENDMENTS; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez and Slavik voting, "Aye"; McComb voting, "No". * * * * * * * * * Mayor. Jones announced the public hearing on four zoning applications. 27. Application No. 1084-12, Mr. James L. Robertson, Trustee: For a change of zoning from "B-2" Bayfront Business District to "B-4" General Business District on Lots 1A, 2A, 3A, 4A, 5A, Block 29, Padre Island No. 1, located on the southeast corner of the intersection of Padre Island Drive and Verde Mar Drive. Assistant City Manager Tom Utter informed the Council that in response to the thirteen notices of the public hearing, one in favor and three in opposition had been returned, plus one in opposition from outside the area of notification. He stated that both the Planning Commission and Planning Staff recommend denial and in lieu thereof, that "B -2A" Barrier Island Business District be approved. Mr. Utter pointed out that several weeks ago the Council adopted a new zoning category of "B -2A" which will allow the continuation of this type of business and the Staff feels that it is appropriate to approve "B -2A" for this application. No one spoke in regard to this zoning request, A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 27. ORDINANCE NO. 18564: AMENEINC THE ZONING ORDINANCE UPON APPLICATION OF JAMES L. ROBERTSON, TRUSTEE, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1A, 2A, 3A, 4A, AND 5A, BLOCK 29, PADRE ISLAND NO. 1, FROM "B-2" BAYFRONT BUSINESS DISTRICT TO "B -2A" BARRIER ISLAND BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "Aye"; Guerrero, "absent at the time the vote was taken". _nutes Regular Council Meeting November 20, 1984 Page 16 * * * * * * * * * 28. Application No. 1084-9, Wooldridge Joint Venture: For a change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District on Lot 1, Block 1, Airline Subdivision Unit 4, located on the north side of Wooldridge Road, approximately 350' east of Airline Road. Mr. Utter informed the Council that in response to the fifteen notices of the public hearing, one in favor and none in opposition had been returned. He stated that the Planning Staff recommends denial but in lieu thereof, "AB" Professional Office District be approved but the Staff now concurs with the Planning Commission recommendation that the requested zoning be approved. He explained that the Staff had a problem with this particular case because of the extension of the "B-1" zoning that is next door and the Staff hopes that this will not set a precedent for continuation of "B-1" zoning down Wooldridge Road. No one spoke in opposition to this zoning request. A motion was made by Council Member Brown that the hearing be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: 28. ORDINANCE NO. 18565: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WOOLDRIDGE JOINT VENTURE BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LAND OUT OF LOT 1, BLOCK 1, AIRLINE SUBDIVISION UNIT 4 FROM "A-2" APARTMENT HOUSE DISTRICT TO "8-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting, "Aye", Slavik, "abstaining". * * * * * * * * * 29. Application No. 1084-13, Mr. Bobby L. Morris: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 100' east of Prince Drive and 300' north of S. Padre Island Drive. Mr. Utter stated that in response to the twenty-five notices of the public hearing, two in favor and none in opposition had been returned and in addition, a petition in opposition had been received containing 63 signatures, 8 of which were from residents within the 200 -foot area of notification. He stated that the 20% rule is in effect and both the Planning Commission and Planning Staff recommend denial. Lnutes Regular Council Meeting November 20, 1984 Page 17 Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, stating that the property is vacant and zoned "R -1B" and the property to the rear is also zoned "R -1B" but the area along Padre Island Drive is zoned "B-4" and the area to the east is zoned "A-1". He displayed slides of the vicinity and explained the stub street that is in existence in another area. Mayor Jones invited the applicant or his representative to speak at this time. Mr. Rick Rogers, representing Mr. Bobby L. Morris, displayed a drawing and noted that their zoning application was to change the zoning to "B-4" but they could accept a zoning category of "AT" to allow for building a motel on this property. He pointed out that Mr. Morris owns the property adjacent to this as well. He pointed out "B-4" development on South Padre Island Drive, mentioning the other business districts on that street also. He noted that there is heavy industrial use behind the La puinta Motel and this has not presented any problems to the residential users. He noted that the property is 165 feet wide which makes it impossible to develop as a residential area because it would be difficult to develop a street to serve residences. He explained that the objection from the people who live in the residential area behind this property can be alleviated because the developer plans to build a screening fence between this development and the residents of Prince Drive. He assured the Council that they do not plan to have access through Prince Drive, but basically at the rear, they plan parking, landscaping, etc., on the portion next to the residential property. He continued by stating that the applicant plans to build a motel using this land and the other property adjacent to it and stated that there would be ingress and egress to Padre Island Drive. He suggested that there may be some concern about the low market for hotels in Corpus Christi, but he stated that they do not believe that the this exists on the south side, and as Corpus Christi develops, this motel on this property would be highly utilized. He concurred that there is a great deal of resistance from the neighbors in the area, but they want to be good neighbors and plan to segregate their development from the residences. Mr. Rogers also pointed out that with the lighting that they plan to install, security will be provided for the neighbors from burglaries that have occurred in the area. Mr. Rogers expressed the opinion that this particular tract of land is unusable for single-family dwellings and they think that the motel would be preferable to apartments for this land. Council Member Kennedy expressed the opinion that the subject property would not be developed for "R -1B" use and he felt that the Council needed to determine what is the best use of that area that will have the least impact on the neighborhood. Mayor Pro Tem Turner inquired if the neighbors were aware that a motel was planned for this property, and Mr. Rogers stated that they had a map to show to the neighborhood residents but not the renderings. He stated that the neighbors _notes Regular Council Meeting November 20, 1984 Page 18 did indicate that they would prefer a motel to apartments. He reiterated that the screening fence would provide a buffer between the two uses as well as the landscaped area. Mr. Utter explained that the neighborhood residents are most concerned about apartments but agreed that it would be pretty difficult to install single-family dwellings on this piece of property. He stated that there might be a problem with "R-2" zoning but there could be some internal streets within the subdivision. He stated that "AT" zoning would not be recommended because it is the highest density of apartments that any zoning provides. Council Member Kennedy suggested the possibility of a special permit to allow for the construction of the motel. Mr. Rogers explained that they do not have the financing or the plan for the motel yet but assured the Council that Mr. Morris does plan to construct one there. Council Member Guerrero expressed the opinion that a special permit for a motel would protect the neighborhood on Prince Street. Mr. Rogers pointed out that if ingress and egress are limited to South Padre Island Drive, traffic on Prince Drive would actually be decreased. Mayor Jones called on those who wished to speak in opposition to this application. Mr. Eugene Starch, 1330 Prince Drive, speaking on behalf of most of the residents, presented other letters of opposition from within the 200 -foot area. He pointed out that the depth of this piece of property is not enough to provide a very good motel and the parking, screening and landscaping as shown on the rendering. He pointed out that all of the people on Prince Street own their homes and reside there. He stated that they expect Padre Island Drive to be business zoned, but very often there are zoning applications proposing business zoning at the rear of their property. He questioned the statement that this property is too small for "R -1B" zoning, yet it is adequate for development of a motel. He stated that the neighbors are not only concerned with apartment development but they are concerned also about business and industrial development of this tract of land. He reminded the Council that this is the third time they have had to express opposition to zoning applications on property in their vicinity. Council Member Kennedy inquired about the setback requirements and Mr. Wenger replied that it would be ten feet for the motel. Council Member Kennedy reiterated that "R -1B" use would never be practical at this locaticn and he felt that the Council should consider the next best thing. minutes Regular Council Meeting November 20, 1984 Page 19 Mr. Henry Simmons, 1329 Prince Drive, also spoke in opposition to the zoning request and reminded the Council that everyone who purchased homes on this street thought that the subject property would remain zoned "R -1B". Mrs. Nancy Rodriguez spoke in opposition and questioned why Council Member Kennedy and Mr. Rogers expressed the opinion that this property cannot be developed for "R -1B" because she felt that single-family dwellings could be located on this property. She stated that she was opposed to a motel in the backyards of their homes which would interfere with their lifestyle. She noted that they are almost completely surrounded by commercial zoning, including a bar in the neighborhood, and they would be concerned about any use except "R -1B". Mrs. Gale Garrett, 1314 Prince Drive, stated that she lives near the intersection of McArdle. Mrs. Garrett expressed the opinion that the property under discussion is tco deep to support any kind of commercial business, pointing out that it is just a long narrow strip that would not be suitable for a motel. She stated that the people in the neighborhood just want to retain the neighborhood atmosphere and stated that she did not think that anyone on the Council would want business zoning in their backyard. She also expressed the opinion that the people applying for change of zoning in this area are speculators and they did not have the right to make the neighbors suffer just so they can make a profit. Mr. Ruben Rodriguez stated that he agreed with all the statements made by those who are opposed. He stated that he would like to remind the Council that they prefer "R -1B" on this property. He also expressed concern that whatever zoning is granted Mr. Morris, the next landowner will request the same zoning and it will have a domino effect. He informed the Council that people use Prince Drive as a short cut from Padre Island Drive and this will increase if zoning is approved for a motel. Mr. Rodriguez stated that they would like to know how Shields Street could be extended so that residences could be established on this property. He also questioned how four rows of parking could be installed and still have room for a motel on this very narrow strip of land. He also noted that there is no need for new motels. Mr. Rodriguez stated that he objected to the continuos applications presented by landowners in this area which require the neighbors to come down to Planning Commission Meetings and Council Meetings so frequently. He also pointed out that if Corpus Christi is selected as a Navy Home Port City, there will be a need for a number of residences. Mr. Gary Garrett, 1314 Prince Drive, expressed opposition to this request and thanked the Members of the Council who have supported them in the past in their efforts to retain their neighborhood. Council Member Slavik inquired if it would not be good planning to plat this land for single-family homes if Shiels Street is extended, and Mr. Utter replied that if it is extended, it could be developed for single-family dwellings, but the Staff does not think it is economically feasible because of the requirement for a street installation. _nutes Regular Council Meeting November 20, 1984 Page 20 No one else spoke in regard to this zoning application. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Council Member Kennedy stated that he was just discussing this with Mr. Wenger in reference to the sketch presented by the applicant. He pointed out that there would only be 40 feet for the building and this would require 15 -foot long rooms. He stated that he did not see any way that a motel could be constructed here and that he would vote against this application. A motion was made by Council Member Kennedy that the Council concur with the recommendation of the Planning Commission and Planning Staff and deny the requested application for Application No. 1084-13. The motion was seconded by Mayor Pro Tem Turner and it passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero, voting "No". Council Member Guerrero explained that he voted "No" on this motion because the neighbors in the area have to continuously come down to City Hall to protest zoning applications and he is afraid that the wrong type of development will be installed on this land. He stated that he felt that "AT" zoning would be the safest type of zoning that could be approved on this property. He stated that neighbors need to be protected and the Council is not doing their job by continuously denying zoning applications on this neighborhood. * * * * * * * * * 30. Application No. 1084-5, H. E zoning from "R -1B" One -family Business District on Lots 7C, located on the south side of Robert Drive. . Butt Grocery Company: For a change of Dwelling District to "8-1" Neighborhood 7D, 7E, and 7F, Block 2, Alameda Estates, Delano Drive, approximately 200' east of Mr. Utter informed the Council that in response to the notices of the public hearing, nine in favor and none in opposition had been returned. He stated that the Planning Commission recommends denial but in lieu thereof, that a special permit be granted for parking subject to the site plan indicating how trees can be saved on the subject property and that a 4 -foot high wall adjacent to the residential property be constructed and that there be no access to Delano Drive. He stated that the Planning Staff recommends denial. Mr. Utter informed the Council that less than one year ago, H. E. Butt Grocery Company, represented by Mr. Charles Blackmon, appeared before the Board of Adjustment where they requested a 53.6% reduction in parking requirements for their new super store and the reason they are before the Council today is because parking is inadequate for the new store and the Staff still recommends _nutes Regular Council Meeting November 20, 1984 Page 21 against approving this zoning case as they recommended the variance to the parking requirements at the time the company appeared before the Board of Adjustment and approval of this request would represent an intrusion into the residential neighborhood. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, displayed slides showing the houses H. E. B. plans to purchase. He stated that the Staff is opposed to this because it is an intrusion into a residential area and will have a detrimental effect on the residences located there. Mayor Jones noted that H. E. B. does have a parking problem at the new store. Mr. Utter agreed that in terms of additional parking there, the choices of H. E. B. are very limited because a 7-11 Store is located on the corner of Robert and Alameda. Mr. Ben Donnell, Attorney representing H.E.B., stated that he also appeared before the Board of Adjustment in November of 1983. He agreed that Mr. Wenger was right when he recommended against the variance granted by the Board of Adjustment. He explained that the requirement was for 600 parking spaces but if the store had been placed in a shopping center, they would only have been required to have 290 parking spaces and the store has over 300 parking spaces at this time. He explained that the store is a fabulous one and they have elected to admit that they do not have enough parking. He explained that they have an opportunity to purchase the lots in the zoning area; they have approached the neighbors who are supportive of the application; and assured the Council that they have tried to do everything to get along with the neighborhood. He assured the Council that there will be no access to Delano Street and the fence will be a very attractive one constructed of masonry or brick. He stated that it is vitally important to H.E.B. that these additional parking spaces be approved. He then introduced several H.E.B. employees who are associated with this particular store. He summarized by stating that H.E.B. is trying to correct their parking problem; the neighborhood supports it; and they will happy to accept a special permit. He urged approval. Council Member Kennedy stated that he is going to support the Staff's position and he felt that the ideal option would be for H.E.B. to purchase the 7-11 Store property that is located at the corner of Robert and Alameda. Mr. Donnell stated that they had made every attempt to purchase the 7-11 property but it is owned by a lady who lives in San Antonio who refuses to sell the property. He explained that they had even gone so far as to offer to purchase the car wash property across the street, construct another store for the owners of the 7-11 Store, but the lady who owns the store has set such a high price on the property that it would be impossible for H.E.B. to purchase it. .nutes Regular Council Meeting November 20, 1984 Page 22 Mayor Pro Tem Turner agreed that additional parking is needed for that store and in order to serve the people of the City, she will support a special permit. Mayor Jones questioned the system which permits variances by the Board of Adjustment and suggested that this should be examined by the City Council. Council Member Slavik asked about the opinion of the property owner who has the property immediately adjacent to the lots to be purchased. Mr. Robert Elliott stated that he has been residing on the adjacent two lots for forty years and he is not opposed to this. He referred to the Minutes of the Planning Commission Meeting which did not specify that the masonry fence would be required. He stated that once a very attractive masonry fence existed there when the bowling alley was located on the H.E.B. property, but it has been replaced by an unattractive wood fence and he would like to have assurance that a masonry fence would be built. Mr. Donnell agreed to the 6 -foot fence request made by Mr. Elliott adjacent to his property and stated that it will be constructed and it will be attractive and made of masonry. No one else spoke in regard to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 30. ORDINANCE NO. 18566: AMENDING THE ZONING ORDINANCE UPON APPLICATION CF H. E. BUTT GROCERY COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR PARKING ON LOTS 7C, 7D, 7E, AND 7F, BLOCK 2, ALAMEDA ESTATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy voting, "No". * * * * * * * * * Mayor Jones called for consideration of the following tabled zoning application. Application No. 1084-1, South Texas Financial Corporation: For a change of zoning from "B-4" General Business District to "B-5" Primary Business District on Lot 5, Block C and Lot 5, Block D, Lexington Place, located on the north side of South Padre Island Drive, approximately 250' east of -flutes Regular Council Meeting November 20, 1984 Page 23 Hamlett Drive. The City Council heard this case on November 13, 1984, at which time the applicant requested that it be tabled for one week. This one-week time period was necessary because of the various interpretations of the ordinance pertaining to the flashing nature of the sign which is proposed to be constructed on this site. Mr. Utter stated that this case was on the agenda the preceding week at which time the applicant requested that it be tabled for one week. He reminded the Council that there was no response to the sixteen notices of the public hearing but that the Planning Commission and Planning Staff recommend denial. Mr. Larry Wenger located the area on the zoning and land use map, pointing out that it faces Padre Island Drive. He stated that it is zoned "B-4" which allows a sign in the 20 -foot setback area but there is a problem in the type of sign that the applicant wants to install. He stated that "B-5" zoning allows off -premise advertising and the applicant has requested this change to allow for off -premise advertising. Mr. Wenger informed the Council that Ordinance No. 11274 adopted the terms of the Highway Beautification Act and the type of sign that the applicant plans to install would be allowed if it is for on -premise advertising. He explained to the Council that according to the ordinance containing the provisions of the Highway Beautification Act, one cannot install any kind of illuminated or moving sign on Padre Island Drive or within 650 feet of Padre Island Drive. He further explained that this was an original Federal Act which was adopted by the State and subsequently endorsed by this City. Mrs. Debbie Moltz, a representative of Federal Sign Company, introduced her Associate, Mr. Larry Calacut from the San Antonio office of the company. They displayed a model of the proposed sign and stated that they had an opportunity to review the signs and stated that they would like to have a special permit for the installation of the illuminated computerized sign. Mayor Jones inquired if the special permit would still be in violation of Federal Law, and Mr. Wenger replied that it would. Council Member Guerrero stated that he has no problem in approving a special permit for a sign similar to the one displayed on the model because it was very attractive. Mr. Calacut explained that the owner of this particular property would like to have the sign installed for off -premise advertising for some of their customers. Mayor Jones expressed the opinion that even though the sign is attractive, it makes no difference how it looks if it violates the Federal Beautification Act. Council Member Guerrero pointed out that if the sign only had on -premise advertising, it would not be in violation. _nutes Regular Council Meeting November 20, 1984 Page 24 Mayor Pro Tem Turner stated that she did not see how the Council could approve something that is in violation of the Highway Beautification Law. Mr. Calacut informed the Council that similar signs are located in several Texas Cities in similar locations. Mayor Pro Tem Turner stated that she would like to have a legal opinion as to whether such a sign would be legal or not. Mr. Calacut stated that they want to do what is legal and they would be willing to accept a special permit. A motion was made by Council Member Mendez to deny the requested zoning of "B-5" but in lieu thereof, grant a special permit subject to the submission of a site plan for an illuminated off -premise advertising sign. The motion was seconded by Mayor Pro Tem Turner subject to a legal opinion as to whether or not it is legal. City Manager Martin agreed that they could approve a special permit subject to its legality and the Staff would have a legal opinion at the time the ordinance is brought forward. Council Member Slavik stated that she is concerned about the safety aspect of the illuminated computer sign on a highway. Mr. Calacut stated that he felt that the Act was adopted because of unsightly salvage yards, etc. that existed along highways. He explained that the applicant wants to install the sign but he wants to advertise for some of their clients to help defray some of the costs. Mayor Jones pointed out that motorists will be driving down Padre Island Drive 55 miles per hour and attempt to read the illuminated sign which is flashing and he felt this presented a danger. Mr. Calacut stated that he has talked with police officers in other cities and they assured him that they could not recall an accident that was caused by an illuminated sign. Council Member Kennedy noted that he felt he understood that the applicant was requesting off -premise use for only approximately 30% of the time. Council Member Kennedy then made a motion to amend the motion for the special permit to include the following: Personal use - 33% of the time; Off -Premise Use - 33%; Public Service - 34%. Council Member Mendez and Mayor Pro Tem Turner did not object to this amendment to their motion. _notes Regular Council Meeting November 20, 1984 Page 25 Mr. Utter stated that since this is a motion, the Staff will return with an ordinance at which time they will have a legal opinion in regard to the legality of such a sign on a highway. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. Mayor Jones called for the vote on the amended motion and it passed as follows: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones voting, "No". Ms. Moltz stated that a site plan has been submitted. * * * * * * * * Mayor Jones called for the City Manager's Report. City Manager Martin stated that he would like to remind the Council of their upcoming schedule for Council Meetings, noting that next week's meeting will be on Thursday, November 29th at 5:00 p.m. and the packets will be delivered on Monday, November 26, if none of the Council Members have any objections. He reminded the Council that the following week, December 4th, the Workshop Meeting will be conducted in the Council Chamber as usual and the afternoon session which will include the second reading on the landmass, will be conducted in the Coliseum to take care of a large crowd. Mayor Jones called for petitions from the audience on items not listed on the agenda. Mr. Jack Davis stated that he is the Sub -Committee Chairman of the Horticulture Committee and Vice President of Currie's, Incorporated. He thanked the Council for putting the greens industry back in business by allowing lawn watering. Mr. Davis explained that he is very interested in establishing a position for a County Extension Agent specializing in horticulture for Nueces County. He explained that they need to obtain two-thirds of the funding for this position from the State and he requested that the City Council pass a resolution urging the approval of the Legislature of this Nueces County Horticulture position. He explained that the person employed will be associated with the Texas Agricultural Extension Service. Mayor Jones stated that he would recommend that the Staff examine the resolution presented and possibly have it on the agenda next week. A motion was made by Council Member Kennedy that the Staff study the possibility of passage of such a resolution. The motion was seconded by Council Member Mendez and passed unanimously. autes Regular Council Meeting November 20, 1984 Page 26 Mr. Carlos Moreno presented a petition requesting funds for the Boys' Club to improve the building and bring it up-to-date for more efficient use. He requested $8,000 to match funds that they have already received. He stated that he had discussed this with Mr. Tom Utter and Mr. Kelly Elizondo and it was his understanding that they have found methods of providing these funds. A motion was made by Mayor Pro Tem Turner to approve this in principle and have it on the agenda at the next Council Meeting. The motion was seconded by Council Member Berlanga and passed unanimously. Mr. Frank Gallardo, President of the Board of Trustees of West Oso Independent School District, expressed appreciation to the City Council Members who appeared at their Vietnam Memorial Dedication Service. Mr. Gallardo then referred to the Town Hall Meeting conducted recently and referred to the approval of a zoning case for Omni Corporation for property adjacent to the West Oso High School. He stated that the School District is trying to attract industry and they were really opposed to the installation of the Highway Department Office on this tract of land. He pointed out that the District is getting a lot of traffic in the area and Flato Road is being used by H.E.B. and other industries. He stated that the road needs improvement and he was apprehensive that if the Highway Department located a building there, this traffic would be greatly increased. Mayor Jones explained to Mr. Gallardo that they were surprised at his statements at the neighborhood meeting because the Superintendent of the West Oso Independent School District informed the Council during the public hearing that they no longer opposed granting the "I-2" zoning for Omni, Inc.. He stated that the Council approved the "I-2" zoning because they did not know that the Board of Trustees did not approve of it. City Manager Martin explained that nothing can be done because the rezoning has already been accomplished but stated that he understood now that the Highway Department probably will not move their facility there. He stated that West Oso Independent School District wanted "I-2" zoning but they did not approve of the tax-exempt status of the Highway Department for this location. Mr. Husong Lee, owner of a drive-in restaurant, stated that he had received a letter from Human Relations Department requesting information about employees he has hired for the past 11 years. He stated that he had employed David Diaz to represent him and stated that he had been charged by the Human Relations Commission with discrimination. He explained that the case had not been proven against him but he objected to the lengthy forms that had to be filled out and the efforts that he had to go through to prove that he did not discriminate against one of his employees. Mayor Jones asked the City Manager to provide a report on this case for the Council. _notes Regular Council Meeting November 20, 1984 Page 27 Mr. Lee stated that the complaint has been dismissed but he still objected to the fact that he had to prove that he did not discriminate against an employee. City Manager Martin stated that he can provide a report right now because it was a complaint of discrimination filed against Mr. Lee; it was investigated and was dismissed. He pointed out that Mr. Lee is just questioning why he had to go through the entire process. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., November 20, 1984. * • * * * * * * * PZ/rr