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HomeMy WebLinkAboutMinutes City Council - 01/22/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 22, 1985 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, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Assistant City Attorney Jay Doegey Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Welder Brown. Acting City Secretary Dorothy Zahn 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 Betty Turner that the Minutes of the Regular and Special Council Meetings of January 8, 1985 and the Regular Council Meeting of January 15, 1985 be approved as presented; seconded by Council Member Brown; and passed unanimously. MICROFILMED Minutes Regular Council Meeting January 22, 1985 Page 2 * Council Member Charles Kennedy arrived at the meeting at this time. Mayor Jones next presented Employee: Mr. Mr. Mr. Mr. Mr. Mr. Mr. retirement plaques Department: Alfred A. Pagan Luis Talamante William C. Anderson Windell J. Smith Armando Leal J. Allen Bright William C. Lowenstein Wastewater Fire Fire Police Police Police Police to the following employees: Position: Plant Operator III Fire Lt. Fire Capt. Police Commander Sr. Officer Police Lt. Police Capt. Service 26 29 36 34 25 25 25 * These employees were eligible to receive retirement plaques but were unable to attend. Mayor Jones administered the oath to the following newly appointed members to Boards and Commission: Mrs. Barbara Campbell, Landmark Commission; Mr, Ruben Perez, Airport Advisory Board; Mrs. Bonnie Cohen, Bay Drilling Committee; Ms. Dorothy Earwood, Senior Community Services Advisory Board; and Mr. Kenneth Helbling, Electrical Advisory Board. Mayor Jones called for Board and Committee appointments and reviewed those discussed during the morning Workshop Meeting. A motion was made by Council Member Mary Pat Slavik that the following appointments be confirmed, seconded by Mayor Pro Tem and passed unanimously. a. Electrical Advisory Board: Mr. Ronald Casady (home building industry) b. Senior Community Services Advisory Committee: Mr. Aulus E. Smith Mr. Jack Ratkovic Mrs. Nina Medina c. Transportation Advisory Board: Turner TERM: 12-31-86 12-26-86 12-26-86 12-26-86 Mr. Lou Donahoe 4-30-86 utes 6ular Council Meeting January 22, 1985 Page 3 d. Coastal Bend Hospital Authority b Coastal Bend Health Facilities Development Corporation Mr. David Bonilla 4-21-86 e. Museum Advisory Board: (Nominated by the Museum Advisory Board and confirmed by the City Council. Mrs. Ben F. Vaughan, Jr. 9-01-87 Mr. Richard N. Conolly 9-01-85 Mayor Jones announced the bid opening on the following engineering project: 1. Wildcat Drive/Teague Lane Street Improvement Project: This 1982 bond project provides for the widening and reconstruction of Wildcat Drive from F.M. 624 to Teague Lane and Teague Lane from Wildcat Drive to Calallen Drive. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Richard L. Brown, Contractor; Claude Chapman Construction Company, Incorporated; Heldenfels Brothers, Incorporated; King Construction Company, Incorporated; Oceanside Asphalt; A. Ortiz Constructing S paving Company; J. Carroll Weaver, Incorporated; Wright way Construction Company; and W. T. Young Construction Company. Mr. Lontos verified that all of the firms had submitted the required bid security bond and had acknowledged receipt of Addendum 1(1, with the exception of J. Carroll Weaver, Inc. who had not acknowledged the addendum but according to Mr. Lontos, he obviously received the addendum because the reductions were reflected in his bid. Mr. Jones stated that the bids submitted would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. * * * * * * * * Mayor Jones deviated from the agenda and referred to the requests for appearances before the City Council from Sergeant Ruben Cisneros on January 29, 1985 in regard to the study conducted by the Criminal Justice Consultant Group and from Southland Corporation for February 5th in regard to their Employee and Public Awareness Program aimed at strengthening the enforcement of the lawful sale of alcohol. He then asked for the Council's consensus on this. Minutes Regular Council Meeting January 22, 1985 Page 4 A motion was made by Council Member McComb that both of these presentations be allowed limited to fifteen minutes each, seconded by Mayor Pro Tem Turner. A "friendly" amendment to the motion was made by Council Member Mendez that these presentations be during the morning Workshop Meetings for the dates specified, and it was accepted by Council Member McComb. Mayor Jones called for the vote on the motion and the "friendly" amendment and it passed unanimously. Mayor Jones called for consideration of the Consent Motions on the following items: 1. Approval of specifications and authorization to receive bids February 13, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee, for fire hydrants. Estimated annual expenditure is $40,250. Mayor Pro Tem Turner inquired as to what constitutes a month's supply of fire hydrants and if this would be something that could be bid in cooperation with other cities in the State. City Manager Martin replied that the supply would be just whatever would be needed for the twelve months, possibly 200 of them, and that this could possibly be co -bid with other cities but that not all cities are standardized and he is not sure that there would be any economy in doing this. 2. Approval of specifications and authorization to receive bids on February 13, 1985, for bus stop signs for the Transit System. These signs are included in Federal Grant TX -05-0036; 80% Federal, 13% State and 7% Local. Estimated expenditure is $15,000. 3. Approval of specifications and authorization to receive bids on February 13, 1985, on four sludge containers with four dollies to be used at the Oso Wastewater Treatment Plant. These items are included in the 1984-85 Capital Outlay Budget. Estimated expenditure is $24,000. 4. Approval of specifications and authorization to receive bids February 13, 1985, for three submersible pumps for Westside Sewage Plant. These pumps are included in the 1984-85 Capital Outlay Budget. Estimated expenditure is $8,000. nutes .gular Council Meeting January 22, 1985 Page 5 5. Approval of specifications and authorization to receive bids February 13, 1985, for two sludge grinders to be used at Broadway Wastewater Treatment Plant. These items are included in the 1984-85 Capital Outlay Budget. Estimated expenditure is $30,000. Council Member Slavik asked why the sludge grinders were used at the Broadway Wastewater Treatment Plant, and Assistant City Manager Lontos explained that this is the first time the City had attempted to acquire the sludge grinders; the Plant had only used built-in degritters but because of the amount of sludge that backs up to the screens and clarifiers, the Staff felt that they would have better treatment with the sludge grinders. 6. Bids be received February 25, 1985, for the sale of a 35.15 acre tract out of Lots 9 and 10, Section 21, Flour Bluff & Encinal Farm & Garden Tracts, located at the northwest corner of Rodd Field Road and Yorktown Boulevard. This property was acquired by the City on October 27, 1939, for $1,600 for the purpose of a sanitary landfill. Mayor Jones inquired if the City had considered leasing this land. City Manager Martin explained that the Staff had looked at that possibility; that property is currently an excessive piece of property; and that the best use for that property is for residential development. He stated that if the Staff were to try to lease the property, he did not think that the income received would be substantial. Mr. Martin further stated that it is his feeling that this land would be used for development and for the sale of individual property. He stated that the Staff is not placing any conditions on the sale. He concluded by stating that the proposal is that the funds from the sale of the property will be earmarked for expenses of acquisition of this City's soluble waste disposal. Council Member Kennedy inquired of the feasibility in working out a land swap with someone. City Manager Martin explained that there is really no advantage to that because the City has the right to acquire land by condemnation. 7. Approval of twelve month 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 furnishing books, phonodiscs, and video cassettes for the Corpus Christi Public Library and South Texas Library System as follows: a. Baker & Taylor b. Ingram Book Company c. Brodart Company GRAND TOTAL: $1,131,000 Est. $1,116,000 Est. $10,000 Est. $5,000 Minutes Regular Council Meeting January 22, 1985 Page 6 This recommendation is the result of requests for proposals asking for price discount schedules, freight policies and information regarding services and procedures. Contracts are recommended with the three firms responding to the request. As the books are purchased, awards will be made on the basis of the price of the books and the availability to supply them. An estimated $846,000 for this supply agreement is funded by the South Texas Library System. 8. Approving purchase of copper tubing (size 3/4" thru 2") for the Water Division and stored by the City Warehouse, based on low bid to PFV Supply Company, for $12,608.90. Prices have decreased approximately 19% since last purchase of January and May, 1984. Eleven bid invitations were issued, six bids were received. 9. A contract be awarded to L & M Metal Fabricators in the amount of $32,315 for reroofing the Police Department Property Room, Fire Station No. 10, and a portion of the Central Fire Station. Funds are available in the Police and Fire Department's operating budget. 10. Changing the date which was previously set to receive bids for the $13,330,000 general improvement bonds from February 19, 1985 to February 26, 1985 at 11:30 a.m. with the sale to be at the regular Council Meeting at 2:00 p.m. The date is being changed because banks will be closed on Monday, February 18, in observance of President's Day. 11. The sidewalk deferment agreement authorized by the City Council on April 28, 1982, pertaining to the 100 South Padre Subdivision, be amended to provide for construction within 36 months of the time plat is filed for record rather than 27 months and completion date of all sidewalks in the subdivision be extended to December 31, 1987, instead of June 30, 1986. The developer of this 113 -acre subdivision, SAA -81, a Joint Venture, of San Antonio, has previously elected to construct and dedicate all streets in this subdivision before platting of the abutting lots. 12. Accepting the Brown Pelican Sculpture, as modified, from the anonymous donors and changing the proposed location of the sculpture to the circular median at the intersection of Shoreline Boulevard and Twigg Street. The original location was proposed to be at the central circle area at the terminus of Shoreline Boulevard between the Convention Center, the auditorium, and the barge dock. This change in location is recommended by both the Municipal Arts Commission and the Parks and Recreation Board. 13. Approving a commitment of up to $100,000 in Community Development Block Grant Funds for the joint public/private partnership with the Tex-Mex Railroad for the construction or rehabilitation of a passenger depot to provide rail service to and from Laredo, Texas. This commitment would be predicated on both the City and the Tex-Mex Railroad approving the terms of a still to be negotiated written agreement. 'inutes !gular Council Meeting .ianuary 22, 1985 Page 7 14. A public hearing be held on February 19, 1985, on the closure request of a portion of a dead-end alley at the rear of Lot 9, Block 4, Westchester Place Subdivision. The abutting property owner has requested the closure of this alley which he feels is superfluous to normal public alley uses. Mayor Jones inquired if it would be possible to obtain more information and a map display at the time of the public hearing so that the Council can better visualize this property, and City Manager Martin replied in the affirmative. Council Member Brown referred to item 8 in regard to the purchase of copper tubing for the Water Division and inquired about the cost of copper, and City Manager Martin explained that copper is similar to other metals on which the cost constantly fluctuates, adding that no one would agree to a long-term contract because of this. Mayor Pro Tem Turner urged approval of item 13 which approves a commitment of up to $100,00 in CDBG funds for the joint public/private partnership with the Tex-Mex Railroad for the construction or rehabilitation of a passenger depot to provide rail service to and from Laredo, Texas, adding that this might encourage redevelopment in the area. She called attention to the letter received by the Council from the Westside Business Association asking their support on this item. Council Member Mendez stated that he would support this item and that he would like to propose at this time that if the $300,000 left over from the parking garage fund has not been reallocated to other funds, that this $100,000 be allocated from that fund. City Manager Martin stated that the Staff would agree to that but that "economic development" should be eligible for these funds under the new regulations. He stated that he agreed that this should be available from that $300,000. Council Member Guerrero indicated his concurrence with Mr. Mendez' recommendation and inquired of City Manager Martin if the City already had a specific site in mind. Assistant City Manager Tom Utter explained that negotiations and feasibility studies are continuing at this time; a possible site would be a large tract of land by the Crosstown Expressway and Alameda and bounded by Mussett Street; but pointed out that they need a definite agreement of the City's commitment to undertake this project. Council Member Berlanga commented that the Westside Business Association is excited about this project which they feel will enhance the area and act as a catalyst to improve the area. Mayor Jones ascertained that no one in the audience wished to speak on the Consent Motions. Minutes Regular Council Meeting January 22, 1985 Page 8 A motion was made by Mayor Pro Tem Turner that Consent Motions, items 1 through 14 be approved, seconded by Council Member Guerrero, and passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 15 through 21. Mayor Pro Tem Turner referred to Ordinance No. 15 which approves the interior design contract for the new central library and inquired as to why this ordinance had taken so long to come before the Council, and City Manager Martin replied that he had a question on this item but now recommends approval of this cost. He stated that he has been convinced that this is the usual cost. Council Member Guerrero indicated his support on this item considering the large amount of money that has already been invested for the new central library. Council Member Slavik referred to Ordinance No. 17 which appropriates $5,031.94 out of the Park Trust Fund for construction and improvements at Sacky Park and inquired about the location of Sacky Park. Assistant City Manager Lontos informed the Council that Sacky Park is at the corner of Sacky and Richter Streets behind the Maintenance Department. Council Member Berlanga inquired if there were any additional requests submitted for backstops at this park. Assistant City Manager Utter replied that this was a neighborhood request; this is a very large park; but that he was not aware of any requests for additional backstops. He stated that he would investigate this and report back to the Council. There were no further comments from the Council on the Consent Ordinances, items 15 through 21. Acting City Secretary Dorothy Zahn polled the Council for their vote on the ordinances and the following were passed: 15. ORDINANCE NO. 18660: AUTHORIZING THE EXECUTION OF AN INTERIOR DESIGN CONTRACT IN THE AMOUNT NOT TO EXCEED $23,000 WITH THE ARCHITECTURAL FIRM OF MORRIS-AUBREY FOR INTERIOR DESIGN SERVICES FOR THE NEW CENTRAL LIBRARY; APPROPRIATING $23,000; AND DECLARING AN EMERGENCY. tnutes ;gular Council Meeting January 22, 1985 Page 9 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. 18661: CLOSING AND ABANDONING A 5 -FOOT WIDE- UTILITY EASEMENT IN NAVIGATION HEIGHTS, LOT 9 AND IN NAVIGATION HEIGHTS UNIT 2, LOT 7, AND A 15 FOOT WIDE DRAINAGE AND UTILITY EASEMENT IN NAVIGATION HEIGHTS UNIT 2, LOTS 10 AND 11, 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". 17. ORDINANCE NO. 18662: APPROPRIATING $5,031.94 OUT OF PARK TRUST FUND NO. 111, REIMBURSING THE GENERAL FUND NO. 102-266-518.43-603 FOR CONSTRUCTION AT SACKY PARK, PROJECT NO. 111-241.19; 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. FIRST READING: CLOSING AND ABANDONING ENNIS JOSLIN ROAD FROM McARDLE ROAD TO SOUTH PADRE ISLAND DRIVE; PROVIDING FOR ALL UTILITIES BEING REMOVED. 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". 19. THIRD READING - ORDINANCE NO. 18663: AN ORDINANCE DETERMINING THAT THE PRESENT FUEL FACTOR OF CENTRAL POWER AND LIGHT COMPANY SET BY THE PUBLIC UTILITY COMMISSION OF TEXAS IS UNREASONABLE AND DETERMINING A JUST AND REASONABLE INTERIM FUEL FACTOR TO BE CHARGED BY CENTRAL POWER AND LIGHT COMPANY WITHIN THE CORPORATE LIMITS; PROVIDING FOR SEVERABILITY AND REPEAL OF CONFLICTING ORDINANCES. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Minutes Regular Council Meeting January 22, 1985 Page 10 20. THIRD READING - ORDINANCE NO. 18664: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GENE GRAHAM AND LYNN NOACK FOR THE ANNEXATION OF APPROXIMATELY 60.11 ACRES OF LAND BEING BLOCKS 1 AND 2, PADRE ISLAND -CORPUS CHRISTI, SECTION 18, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 21. THIRD READING - ORDINANCE NO. 18665: AMENDING THE FLOOD HAZARD PREVENTION CODE TO PROVIDE CORRECTIVE REVISIONS NECESSARY FOR COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones called for consideration of Action by Motion from the Regular Agenda. 22. Approving the purchase of a replacement sanitary landfill scraper from B.D. Holt Company for $196,319, which includes trade-in, and approving a five-year agreement with B. D. Holt Company in the amount of $54,384 for full maintenance on the scraper. Council Member Slavik referred to Attachment #11 regarding this subject in which Mr. Hennings stated that someone from his office was to call San Antonio concerning their bid for the landfill scraper and inquired if this information had been obtained. City Manager Martin pointed out that San Antonio's bid was for a 20 cubic yard twin engine scraper. In reply to Mrs. Slavik's question, Assistant City Manager Bill Hennings stated that San Antonio had received bids for two scrapers, 20 cubic yard twin engine types, one of which was a Caterpillar 627B for $201,675 and a Fiat -Allis 262B at $198,805. lutes _gular Council Meeting January 22, 1985 Page 11 Council Member Mendez reminded the Council that at his suggestion, this bid was tabled pending the San Antonio bid and that his primary concern was with the maintenance agreement. He inquired of Mr. Hennings how much maintenance has been incurred in the last two years on the equipment the City has at this time. Mr. Hennings informed the Council that the City has had maintenance agreements for about ten years and that in four years and two months time, the maintenance cost has been $64,185. Council Member Mendez commented that the bid on the same piece of equipment was received in Brownsville and their bid was higher than the one for the City of Corpus Christi. He questioned whether the City should approve the maintenance agreement. Mr. Hennings stated that he felt that the maintenance agreement is justified. He also stated that this agreement will cover anything except negligence. Mayor Jones asked City Manager Martin to explain the basis for his recommendation. City Manager Martin explained that the recommendation is to approve the purchase based on the trade purchase cost plus the maintenance. He stated that the Staff felt that this is a fair bid price; the Staff is recommending the maintenance contract because of the maintenance history; and that the Staff feels that it will be less than the cost if this agreement is taken on a yearly contract. Mayor Jones inquired if all three of the present equipment the City has were in operation every day, and Mr. Hennings replied that the crews run two everyday and all three some days. Council Member Mendez inquired if the payments on the maintenance agreements were made on monthly installments, and City Manager Martin replied in the affirmative. Mayor Jones called for comments from the audience in regard to this item. Mr. R. L. Brown, one of the bidders on the Wildcat Drive/Teague Lane Street Improvement Project, inquired about the costs of running the operation in the landfill and question if it would save any money if the City contracted the work with a private company. He stated that in February, the Land Improvement Contractors of America will be in this City attending a national convention and suggested that a contract be considered for them to perform this work. Mayor Jones thanked Mr. Brown for his information but stated that this item could not be delayed any longer. Minutes Regular Council Meeting January 22, 1985 Page 12 A motion was made by Council Member Brown that item 22 be approved, seconded by Mayor Pro Tem Turner and passed unanimously. *23. A revocable easement request of Spohn Hospital, which would permit a hospital information sign previously erected to remain in the right-of-way of Third Street at Ayers Street, be denied. * A motion was passed during the morning Workshop Meeting that this item be included with the discussion on item 26. * * * * * * * * Mayor Jones announced the public hearing on three zoning applications: 24. Application No. 1284-14T, Jam -Tex-Mex Corp., Ltd.: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.80 setting forth a zoning classification of "I-3" Heavy Industrial District on a described tract of land when annexed to the City of Corpus Christi, Texas. Being 30.3± acres out of Lot 7, Section 14, Bohemian Colony Lands, located on the east side of Greenwood Drive, approximately 1,900' south of Saratoga Boulevard. Assistant City Manager Tom Utter informed the Council that there was no response to the one notice of the public hearing that had been mailed. He stated that the Planning Commission recommends approval and that the Planning Staff recommends denial of "I-3", and in lieu thereof grant "I-2" Light Industrial District with a special permit for the construction and operation of solid waste disposal, according to an acceptable site plan. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the Staff's concern on the Planning Commission's recommendation is that the land could be used for other than industrial, possibly a recreation area, and felt that if the project is not successful and the property is zoned "1-3", the use might be objectionable in the future as it would have a detrimental effect on the development to the north. Mayor Jones inquired about the problem with the site plan, adding that the applicant has indicated that he cannot devise a site plan yet. Mr. Wenger informed the Council that the site plan could indicate where the building will be located with a screening fence which does not have to be very detailed. lutes _gular Council Meeting January 22, 1985 Page 13 Mayor Pro Tem Turner stated that in reading the material, it seems that the applicant questions the time limit. She inquired if they could have an extension on the time for submission of the site plan. Mr. Wenger replied that the ordinance could be delayed for six months and if a site plan is not submitted then, an additional six-month extension could be provided them. Both Mayor Pro Tem Turner and Council Member McComb stated that they would not object to allowing them an extension. Council Member Berlanga inquired if this would be City -owned, and Assistant City Manager Utter explained that idea of having a private enterprise disposing of garbage for the City is being explored at this time. He stated that this should be worked out in three or four months. Council Member Mendez expressed the opinion that the special permit should be approved and that the time limitation be eliminated. Mr. Pat Veteto, with Urban Engineering, representing the applicant, displayed an exhibit and explained that they cannot come up with a site plan at this time because they are not sure about the size of the building they plan to install. He stated that if they had the additional time, they could devise a site plan that is more detailed. He explained the various uses in the area and expressed the opinion that "I-3" would be suitable. He concluded by stating that if the Council could waive the time requirement, they would be glad to accept the special permit. Mr. Ernest McGhee, President of Jam -Tex-Mex Corporation, stated that this process was originally utilized in Kingston, Jamaica fifteen years ago. He stated that this process is not objectionable because it has been located in residential areas with no bad effects. He stated that this Corporation is interested in establishing this project for the City of Corpus Christi; the system is odorless, smokeless, and could even be located in a residential area. He further stated that the process is recycling of garbage into compost, which can be made into fertilizer. He explained the process of recycling and stated that they have to have a contract with the City. Mr. McGhee mentioned other cities that are considering this type of operation and concluded by stating that he would be most appreciative if the Council would approve this. Mayor Jones inquired of Mr. McGhee if part of the agreement was that the City will pay a certain amount to the company to take the garbage and Mr. McGhee replied in the affirmative, adding that it will be a very reasonable expense and the product would be environmentally safe fertilizer. Council Member McComb expressed concern that proposals have not been received from any companies yet. Minutes Regular Council Meeting January 22, 1985 Page 14 Mayor Jones pointed out that the only thing that the Council should be approving today is the zoning application, noting that the zoning case does not imply that a contract with the City will be approved. Council Member Kennedy inquired if the majority of the market for the fertilizer is for use here in this City or for export, and Mr. McGhee replied that they have a lease to export to Saudi Arabia. Council Member Kennedy stated that this could probably be designated as a Foreign Trade Zone since the City already has an application for this. Council Member Kennedy explained to Mr. McGhee that the concern is about the possibility of having this "I-3" zoned and that the Staff is recommending the "I-2" uses with a special permit with no specific time limit. Mr. McGhee then inquired if he would be permitted to sell a portion of the land under the "1-2" zoning, and Mr. Utter informed him that he would lose the special permit status for that portion of the land that is sold. Mr. McGhee then stated that he would prefer the 1-3 zoning. Mayor Jones interjected that his concern is that if the "I-3" zoning is granted, the property will be sold for some objectionable purpose. Council Member Slavik commented that the City need to go out for comparative bids and that it might be possible that Mr. McGhee might not be awarded the contract. She expressed the opinion that "1-3" zoning would be too high a zoning in this area. Mr. Veteto asked that he be given time to explain to Mr. McGhee the time element before the Council takes action on this. Mr. David Smith, local counsel for the applicant, stated that Mr. McGhee understands that he may be purchasing a piece of property and he may not get the contract with the City. He stated that if he does not get the contract, he would like to sell this piece of property. He expressed the opinion that "1-3" would be ideal zoning for this proposed use, but that Mr. McGhee could live with the "1-2" zoning and a special permit. Mr. Bill Brunson, Calallen Realty, spoke in favor of this application. He expressed the opinion that if the City limits the amount of garbage each day, Mr. McGhee would not need that much land and would have a problem selling a portion of the land if this were not zoned "I-3". Council Member Berlanga inquired if it would be possible to grant Mr. McGhee the "I-3" zoning with a special permit, and City Manager Martin replied that it would be a disadvantage to the City since the type of use this gentleman is proposing would require "I-3" or "I-2" with a special permit. He agreed that "1-2" with special permit should be approved and if the Council desires, nutes :gular Council Meeting January 22, 1985 Page 15 the time limit on the site plan could be extended until Mr. McGhee is ready to go into operation. Mr. Utter stated that the site plan could be for just a portion of the land. A motion was made by Mayor Pro Tem Turner to deny the "I-3" zoning and in lieu thereof that "I-2" zoning with a special permit for the installation of the proposed facility subject to the submission of a site plan be approved, the time limitation be extended to six months with an additional six months if needed. The motion was seconded by by Council Member McComb. Council Member McComb stated that he would like to clarify a point to Mr. McGhee and that is that if he were to establish his plant and if he were to sell that property, that portion sold would not be affected by the special permit. Mr. McGhee then inquired of the Council if after his plant is built, he were sold a portion of his property, if that portion could be zoned "I-3", and Mr. McComb replied that he could not speak for future Councils but his guess is that it would be turned down. He pointed out to Mr. McGhee that they were merely protecting the land from heavy industrial use because the "1-3" use has no limitations. Council Member Mendez stated that he felt the Council should be optimistic about this process, adding that there would be a cost to the City to pick up garbage and the Staff will negotiate with the company. Mr. McGhee stated that the City is paying $6 a ton to dump garbage; other cities are paying more; but that he would be pleased to accept that fee and that this fee can be negotiated during the next 90 days. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Brown and passed unanimously. Mayor Jones called for the vote on the motion for denial of "1-3", and in lieu thereof grant "1-2" Light Industrial District with a special permit subject to an acceptable site plan to be extended for six months with an additional six months extension if needed. The motion passed unanimously. Assistant City Manager Utter informed the Council that the ordinance effecting the zoning change will be placed on the agenda after the site plan has been submitted. * * * * * * * * Minutes Regular Council Meeting January 22, 1985 Page 16 25. Application No. 1184-1, Messrs. Leslie Simon and Joe Oshman, Texas Commerce Bank Trustee: for a change of zoning from "F-4" Farm -Rural District to "R -1C" One -family Dwelling District on Tract 1 and to "A-2" Apartment House District on Tract 2, Tract 1, being 45.77± acres and Tract 2 being 14.42± acres out of Lots 12, 13, and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, approximately 1,250' east of Rodd Field Road. Mr. Utter informed the Council that in response to the thirteen notices of the public hearing, five plus two outside the 200' area of notification in favor and none in opposition had been received. He stated that both the Planning Staff and Planning Commission recommend approval of the requested zoning on Tract 1 and denial of "A-2" on Tract 2 and in lieu thereof, grant "R -1C". Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He explained that they plan to install a subdivision on Tract 1 and they propose to construct apartment complexes on Tract 2. Mr. Wenger stated they would recommend "R -1C" for both tracts because they already have established a buffer for these tracts. Mayor Jones called on the applicant or his representative to speak. Mr. Pat Veteto, Urban Engineering, representing the client, referred to the Master Transportation Plan and stated that as the Plan now stands, it shows that the Oso Parkway will be extended through Southfork Subdivision, intersecting with Holly Road. Mr. Veteto stated that he found that "A-1" zoned tracts were developed with approximately 20 units per acre, and "A-2" zoned tracts were developed with the average of 22 units per acre; they would like to have the "A-2" zoning even though they may not construct 34 units per acre, but they need more than 20 units per acre; and expressed the opinion that this type of request is fairly consistent with the surrounding area. He urged that the Council consider zoning of "A-2" on Tract 2. Council Member Kennedy inquired of Mr. Veteto if he would accept "A-1" instead of "A-2", and Mr. Veteto replied that the applicants would agree to the "A-1". Mayor Jones asked Assistant City Manager Utter to explain the number of units allowed per acre on the various types of zoning that are proposed, and Mr. Utter replied that "A-2" would allow 36 units per acre; "A-1", 21 units per acre; "R-2", 14 units per acre; "R -1C", 10 units per acre; and "R -1B", 7 units per acre. No one spoke in opposition to the request. Dr. Joseph Oshman, one of the applicants, stated that there is no objection at all to the proposal, and that Mr. Veteto has pointed out that the traffic flow will absorb what they are asking for. .nutes _,egular Council Meeting January 22, 1985 Page 17 A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner that "R -1C" be approved for Tract 1 and "A-1" zoning for Tract 2; seconded by Council Member Mendez. Council Member Slavik stated that she would oppose the "A-1" zoning for Tract 2 because she felt that "R-2" would be preferable. Mayor Jones called for the vote on the motion and it passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy and Mendez voting, "Aye"; McComb and Slavik voting, "No". Acting City Secretary Zahn stated that the ordinance effecting the zoning change would be on the agenda next week. 26. Application No. 1184-8, Spohn Hospital: for a change of zoning from "A-2" Apartment House District and "B-2" Bayfront Business District to "B-5" Primary Business District" on Blocks X and XI, Ocean View Addition and Blocks A and B, Bayfront Terrace, located between Ocean Drive and 3rd Street, and between Elizabeth and Ayers Streets. Mr. Utter informed the Council that in response to the 108 notices of the public hearing, 13 in favor and 5 in opposition had been received. He stated that both the Planning Staff and Planning Commission recommend denial, and in lieu thereof grant "B-4" General Business District on that part of the property presently zoned "B-2" Bayfront Business District. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the reason for this request is because signs were placed on the side along the hospital without a permit. Mr. Wenger continued by stating that the "A-2" zoning allows some outside signs not to exceed 15 square feet; the "B-2" area prohibits signage within the front 20' setback, however, the "B-2" would allow 260 square feet of signage of which 150 square feet of the 260 square feet of signage can be free standing. He further stated that currently, Spohn Hospital has 270 square feet of wall signage on the side within the "B-2" and within the "A-2" areas. Mr. Wenger stated that 225 square feet of signage extends into the public right-of-way. He further stated that it is the Staff's opinion that if "B-5" zoning is permitted on the entire tract, it would set a dangerous precedent in the entire area. Mr. Wenger showed slides of signs on Elizabeth Street just off Ocean Drive which are totally in the City's right-of-way or partially within the City's right-of-way and noted that even the signs across Elizabeth Street on the parking lot are in violation. He pointed out that the emergency room sign is 72 square feet in area and is within the 20' setback of Spohn Hospital. He noted that at the intersection of Third and Ayers, Spohn Hospital has a sign that is totally in the City's right-of-way. He displayed Minutes Regular Council Meeting January 22, 1985 Page 18 the location where other illegal signs had been installed totally within the City's right-of-way on Ocean Drive. Mr. Wenger continued his presentation by stating that during the November 21, 1984 hearing, the case was tabled for 45 days in order for the Staff to provide more information in detail and to allow the Staff time to investigate other cities in the State as to how hospitals are handled. He stated that the Staff had called other cities and found that out of the eight cities called, four had hospital districts; two cities had hospitals with three signs for a total of 60 square feet; and that none of the cities contacted permitted signs in public right-of-way. Mr. Wenger further stated that during the public hearing of the Planning Commission Meeting of December 12, 1985, information was presented to them and after studying this, it was recommended that the "B-2" area be zoned "B-4" and that the area zoned "A-2" remain as it to allow them to install signs in the 20' setback area and if they would go behind the 20' setback, they could place a larger sign. Mr. Wenger displayed slides of signage, one for 50 square feet and another at 40 square foot sign for a total of 199 square foot signage at Humana Hospital which are much less than they allow, noting that all are within the 20' setback of the area. Mr. Wenger then showed slides of Memorial Hospital, pointing out that they have a 70 square foot sign within the 20' setback zoning for "A-2" and which is in violation of the zoning, adding that they also have other signs in the area that are in violation of the zoning. Mr. Wenger stated that the Staff, in trying to alleviate the problem of the emergency room sign, is willing to work with Spohn Hospital and possibly allow them to erect signs on the traffic poles to direct people to the emergency room. He stated that the Staff's recommendation is to zone the "B-2" area "B-4" and deny the requested zoning on "A-2". Council Member Kennedy stated that this is an area that needs to be studied. He concurred that the signage is needed; the signs are needed to provide information and should be large enough to provide this information but not to create visual obstruction or traffic problems. He stated that large signs in the right-of-way should only be allowed if there is a special reason for that particular sign to be there. He agreed that there is a problem with Spohn Hospital having the emergency on a one-way street and expressed the opinion that he believed that the City Council should control signs on Ocean Drive. He stated that basically, there were three signs on Elizabeth Street that the Planning Commission and Planning Staff were most concerned about. Mr. Wenger replied that there were several signs in the right-of-way on Elizabeth, pointing out in particular the sign on Ayers/Third Street and the emergency room sign in which, in his opinion, would be better seen if placed on the face of the building. He stated that the signs in that area can be placed behind the 20' setback on Elizabeth and Third Street, adding that the Staff does nutes .egular Council Meeting January 22, 1985 Page 19 not recommend any kind of signs on Ocean Drive that is not on the wall of the building. Mayor Pro Tem Turner inquired of Mr. Wenger why the City did not have a specific zoning for hospitals, adding that she felt there should be one. She inquired if the hospital objected to the Planning Commission and Planning Staff's recommendation. Mr. Wenger replied that the Staff would have no problem with "B-4" zoning on any area except the property on Ocean Drive. Council Member Slavik agreed with the Staff's recommendation on signs on Ocean Drive and inquired how all of the hospitals were able to place illegal signs. Mr. Wenger explained that the hospitals are required to obtain a permit; they have been notified of the illegal signs; and he had not checked to see if they had obtained a permit. Assistant City Manager Utter interjected that sometimes, permits are not even obtained and that is what happened at Spohn Hospital. He stated that there is a working policy among the City Staff that when violations have occurred they they are held in abeyance when a zoning case is pending. Council Member Brown expressed the opinion that hospital signs are very important and that perhaps the City should have special permits for those. He inquired if "B-4" zoning would resolve Spohn's problem. Mr. Wenger replied that the Staff feels that "B-4" zoning would provide sufficient signage; the City will be happy to work with Spohn to place signs directing people to the emergency room on light standards or traffic signal lights, etc. Council Member Mendez commented that in looking at the slides, it appears that the City has different situations for different hospitals. He stated that he felt the City should consider the "B-2" zoned portion first and consider the "A-2" zoned property separately. He further stated that he would not be opposed to a special permit to allow the signs that are in place now for directional purposes. Mr. Wenger stated that he did not disagree with Mr. Mendez but he felt that the signs do not have to be as large as they are. Council Member McComb expressed the opinion that he agreed that Spohn Hospital needs the signs but they should not be allowed in the right-of-way. Mayor Jones called on the applicant to speak. Minutes Regular Council Meeting January 22, 1985 Page 20 Mr. Jessie Westley, with Munroe and Bass, displayed an aerial photograph that was taken two weeks ago. He stated that there was no intention of violating the Zoning Ordinance when the directional signs were installed in the right-of-way -- the contractor just assumed that the property line was right. Mr. Westley contended that Spohn Hospital did not know they were in violation until they were cited by the Inspection Department. He stated that they had also received another citation for the emergency room sign, but the Hospital complied with the citation by making application for the change of zoning. He stated that Spohn Hospital and the public need directional signs, as the traffic flow in the hospital area has always been a problem. He explained that from Ocean Drive, a person has to drive three blocks and pass through five traffic signals before getting to the emergency room without some kind of directional sign. He explained also that the main complex occupies four city blocks, has 2,375 feet of street frontage, and twelve curb cuts around the site. He pointed out various sections of the hospital which have entrances off different streets. Mr. Westley expressed the opinion that the signs that were on Ocean Drive and Ayers would direct the traffic north to Ayers Street to the Emergency Room, and that with the current zoning of "A-2" there is a 20' setback for all structures. He contended that to place the sign behind the wall located on the property line would be useless, and to place it on the wall facing the bay would also be useless. He noted that the existing sign at Ayers Street and Third Street is in the right-of-way, but to place the sign under the canopy on Ayers Street would make the sign useless. He further stated that the sign at the corner of Ayers Street and Third Street, and the two signs on Ocean Drive, are the only ones that are proposed to be located in the right-of-way. Mr. Westley urged the Council's approval on this. Mr. James Stephens, Executive Vice -President, Spohn Hospital, explained the reason for the emergency room sign on Third Street even though it is a one-way street. He stated that they have approximately 24,000 patients a year, many from outside Corpus Christi. He stated that Spohn Hospital is a very large complex; the sign contractor has complied with the first citation by removing the signs and also complied with the second citation by applying for the zoning change request. He expressed the opinion that the "B-4" zoning will resolve the problem because of the 20' setback. Mayor Pro Tem Turner commented to Mr. Stephens that she did not have any problems with the signs except for the ones on Ocean Drive. She inquired of Mr. Stephens if the Staff's recommendation to placing the signs on traffic stands or lights would be acceptable to Spohn, and Mr. Stephens replied that he did not think the recommended solution of the Staff that small signs be erected on light and traffic stands would be visible to the public. Council Member Mendez commented that it is his feeling that most of the Council does not have any objection to the signs on the other streets but that they are concerned with the signage on Ocean Drive. nutes .egular Council Meeting January 22, 1985 Page 21 Council Member McComb expressed the opinion that the only problem is directing the people to the emergency room not to parking lots and other services. He suggested that Spohn redesign the entrance to their emergency room to Elizabeth Street. Council Member Berlanga suggested designating Third Street a two-way street. Mr. J. W. Gary, attorney for Spohn Hospital, stated that they are present because they do not have the proper means of designating hospital districts. He stated that the zoning in which signs are allowed does not address major hospitals such as this; this needs to be considered the same as was considered at the Convention Center; and stated that none of the City's ordinances deal with major regional hospitals. Mr. Gary stated that it does not make sense to compare the hospital to other businesses, but "B-5" addresses their needs better than other zoning. Mr. Jack Cooper, 611 Del Mar, appeared in opposition, stated that he was present to speak on behalf of signs for Spohn Hospital. He agreed that the emergency room directional signs are needed by the Hospital; he suggested that the international symbol for hospitals be used and be installed on light stands; and expressed the opinion that the large sign advertises services other than emergency and this is not necessary. He further stated that at the Planning Commission Meeting, Spohn's concern seemed to be to use the existing signs as they were built, and in his opinion, they advertise visitor parking. He referred to Mr. Gary's comment comparing signs to those of the Bayfront Plaza Convention Center and expressed the opinion that the signs at the Bayfront Plaza Convention Center are for mass control. Mr. Cooper urged that the present "A-2" zoned property remain as is, allow the emergency room sign to be installed and urged that "B-4" zoning be approved and require that they comply with the sign requirements according to "B-4" zoning. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Mayor Jones agreed that it is difficult to find facilities at around Spohn Hospital but stated that he has problems with signs in violation of the existing zoning. He stated that he has a problem with the complete disregar by the contractor in placing the signs without a permit. He further stated that he has no problems with the Staff's recommendation for "B-4" zoning. A motion was made by Council Member McComb that the Council concur with the Planning Commission and Planning Staff's recommendation for denial of "B-5" and approve "B-4" zoning and work with Spohn Hospital on the installation of directional signs on Ocean Drive. There was no second to this motion. Minutes Regular Council Meeting January 22, 1985 Page 22 A motion was made by Council Member Mendez that "B-4" be approved on the "B-2" portion of the property with a special permit to allow signage that is now in existence. The motion was seconded by Mayor Pro Tem Turner. Council Member Slavik inquired about the Staff's feeling on this decision, and Mayor Jones pointed out to Mrs. Slavik that the Staff provides the Council with recommendations on the zoning cases and they have the right to accept or reject those recommendations. Council Member Slavik then rephrased her statement and inquired of Mr. Wenger if the signs, as they are now, were legalized, would create traffic problems and present hazards, and Mr. Wenger replied that they were not considered hazardous. Council Member Kennedy stated that he felt that the signs in the public right-of-way should be moved. He expressed the opinion that there is no reason to have the sign on Third and Ayers and suggested that this be removed, adding that the signs on Elizabeth should be removed. He suggested that the Staff work with Spohn Hospital to design emergency room signs of reasonable size that would clarify the location of the emergency room. Council Member Berlanga stated that it is obvious the zoning rules will be changed and inquired if these same rules would apply to Memorial Medical Center and Humana Hospital. Assistant City Manager Utter noted that Spohn Hospital had eight signs which were totally in or partially in the right-of-way and stated that if the motion passed, the Humana, P&S Hospital and Memorial Medical Center would expect to be allowed to continue to have signs in the right-of-way. Council Member McComb commented that moving these signs from the right-of-way to Spohn Hospital property should not cost Spohn any money since it was the contractor's responsibility to get the signs in the appropriate location. Council Member Guerrero expressed the opinion that he did not believe the expense is the problem, adding that the signs were placed in the right-of-way because they needed to be there. Mayor Jones called for the vote on the motion previously made by Council Member Mendez to approve "B-4" and grant a special permit for the signs as they exist now and it failed to pass by a vote of 4 to 5. A motion was made by Council Member Kennedy to approve "B-4" with a special permit with the signs as they exist if they are moved out of the public right-of-way, seconded by Council Member Turner and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero voting, "No". tnutes .egular Council Meeting January 22, 1985 Page 23 Mr. Wenger then informed the Council that if the signs will be moved from the public right-of-way, Spohn Hospital would have to submit a site plan. Council Member Mendez inquired if the "A-2" portion on Ocean Drive will remain zoned as is. Assistant City Manager Utter informed the Council that that portion is currently zoned "A-2" but was included in the request for a change of zoning to "8-5" A motion was made by Mayor Pro Tem Turner to deny request for the "A-2" portion; seconded by Council Member Slavik and passed unanimously. 23. A revocable easement request of Spohn Hospital, which would permit a hospital information sign previously erected to remain in the right-of-way of Third Street at Ayers Street, be denied. A motion was made by Council Member Kennedy to support the Staff's recommendation and deny the request, seconded by Council Member McComb and passed unanimously. * Mayor Jones called for the City Manager's Report. City Manager Martin stated that he would like to have a count of the Council Members who are planning to attend the Council of Governments' meeting on Friday, January 25th which will be conducted at the County Courthouse, 4th Floor, at 2:00 p.m. Mayor Jones and Council Members David Berlanga, Joe McComb, Frank Mendez and Mary Pat Slavik indicated they would attend. City Manager Martin referred to the action taken by the Council during the morning Workshop Meeting in regard to the water situation and stated that the information the Staff is releasing is to repeat the action taken; inform the people that the City is returning to Stage One, Water Watch; encourage conservation; inform the people that watering of lawns is permitted on odd/even days; prohibit the wasting of water; and urge that restaurants continue to serve water only on request; and inform the public that a person should be able to water every day when they fertilize or plant new lawns. Mayor Jones called for petitions from the public on matters not scheduled on the agenda. Minutes Regular Council Meeting January 22, 1985 Page 24 Mr. Sam Shamoon, Minister, referred to copies of the letter he presented in regard to the KISS & QUEEN Concert and spoke in opposition to this. He expressed the opinion that the words of the songs are morally illegal and the concert will adversely affect the young people and other citizens. He explained some of the events that occur after these rock concerts. He read lyrics from a song by the group, QUEEN, which refers to drug use. He expressed the opinion that if the concert is not canceled, since it is in violation of the State law, he will file criminal charges against the City. Mayor Jones instructed City Manager Martin to provide the Council with a legal opinion as to the legality of the concert. Mr. Eddie Savoy, 121 Skipper Lane, appeared on behalf of Mr. Vic Menard, and presented the Council with copies of a letter from Mr. Menard, President of the Flour Bluff Business Association, protesting the action of the City Council last Tuesday when it approved the State Highway Department's Expressway Plan for Flour Bluff without hearing or soliciting the comments and concerns of the Flour Bluff community. Mayor Jones explained to Mr. Savoy that the Council passed a motion during the morning Workshop Meeting under Current Concerns to ask the State Highway Department to evaluate the comments made during the public hearing and that a meeting be scheduled in the Council Chambers to hear from the residents of the Flour Bluff Area, after the Highway Department has made their analysis. Mr. Jesse Sanchez, 4317 Leonard, a house mover, complained to the Council about the fee raised for moving permits from $50 to $100, adding that he felt this was excessive considering all of the other permits they are required to obtain when a house is moved. He asked that they be allowed to hire outside help rather than police officers who now charge $60 and are making more money than he is; and asked for assistance in revising the permit applications to allow for standard guidelines. Mayor Pro Tem Turner commented that makes sense and inquired of Mr. Sanchez if Mr. Sanchez informed the Council that it was a very informal organization. the request for standard guidelines the house movers had an organization. there were six local house movers but City Manager Martin pointed out to Mr. Sanchez that no police escorts are required for house movers that go outside the City limits. Council Member Mendez informed the Council that Mr. Sanchez had approached him and he had advised Mr. Sanchez to come before the Council because he felt that the Staff could examine the ordinances involved in this and report to Mr. Sanchez. Lnutes ..egular Council Meeting January 22, 1985 Page 25 There being no further business to discuss, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:51 p.m., January 22, 1985. RR