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HomeMy WebLinkAboutMinutes City Council - 08/11/1987MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 11, 1987 9:00 a.m. PRESENT: Mayor Betty Turner Mayor Pro Tem Clif Moss Council Members: David Berlanga, Sr. City Manager Craig McDowell Leo Guerrero * Ass't. City Attorney Bob Coffin Frank Mendez City Secretary Armando Chapa Bill Pruet Mary Rhodes Mary Pat Slavik Absent Linda Strong City Attorney Hal George Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Jay Farrar of the Lexington Baptist Church, following which the Pledge of Allegiance of the United States was led by Council Member Slavik. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Pruet to excuse Council Member Strong from the Council Meeting because she is out of town. The motion was seconded by Council Member Berlanga and passed by the following vote: Turner, Berlanga, Mendez, Pruet, and Slavik voting, "Aye"; Moss and Rhodes voting, "No"; Guerrero absent. Mayor Pro Tem Moss stated that he did not think it is in order to excuse Council Members who are not present at the Council Meeting unless it is something beyond their control, such as an illness or something unforeseen, and Council Member Rhodes concurred. Mr. Moss continued by stating that the Charter is written that if a Council Member cannot be present a certain number of times, then remedial action should be taken. MICROFILMED Minutes' Regular Council Meeting August, 11, 1987 Page 2 A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of July 28, 1987 be approved as presented; seconded by Council Member Berlanga and passed unanimously. * Council Member Guerrero arrived at the meeting at 9:10 a.m. Mayor Turner presented and read a formal report to the Council Members prepared by herself and Council Members Berlanga and Pruet on their recent trip to Yokosuka, Japan, copy of which is attached. Council Member Berlanga stated that the trip was definitely different than what was anticipated by some of the public and some Council Members; it was not a pleasure trip; they worked very hard; they left the Taiwan officials with the impression that we are definitely willing to work with them; and that Taiwan officials will be visiting Corpus Christi this year to view the Port. He further stated that he is happy he made the trip because at one time he had canceled it due to the controversy it had created. Mr. Berlanga continued by stating he received calls and mail encouraging him to make the trip. Mayor Turner mentioned a speech that was given by Council Member Berlanga at a Mayor's Banquet in Taiwan. She stated that it was a tremendous speech and made the Corpus Christi delegates very proud. Council Member Pruet also referred to the speech Mr. Berlanga made before the assembled Sister City group and stated that Mr. Berlanga was a magnificent spokesman and representative for the City of Corpus Christi. He stated that as a result of meetings with business, government and tourism officials in Taiwan, representatives of three Taiwanese companies involved in plastics, chemicals and valves will visit South Texas this fall to look for potential plant sites. He further stated that two delegations of Taiwanese government officials and potential investors will be traveling to Corpus Christi in a couple of months; he thought it was a valuable trip; he intends to go back; and that there is a lot of good that can be done there for economic development and tourism. Mr. Pruet continued by stating that he hopes the Council Members and the City pay attention to the spirit and enthusiasm of these people when they come to visit and investigate Corpus Christi. He stated that they are much more positive about our City than many of us are here. Mayor Turner stated that it was a practical experience in brotherhood at its best, and that there was a magnificent outpouring of love for the representatives of the United States. Council Member Rhodes referred to the report presented by the Mayor and stated that none of the Council stated that no one should go on the trip; she felt the mayor should go and calling some of them nearsighted is not fair or accurate. She stated that she is glad they went and that the trip was successful. She referred to Page 4 of the report and inquired how much the co -funding with the Port the salary of a South Texas representative for Japan Minutes , Regular Council Meeting August. 11, 1987 Page 3 would cost. She also referred to Item No. 3 on Page 4 and inquired how many members it would take to participate in more Far East functions. In answer to Mrs. Rhodes first question, Mayor Turner replied that at this time it was not known what the co -funding for the representative to Japan would be and it will be acted on at a later date. She further stated that the City will have delegates from Japan arriving in the fall and strongly urged everyone to participate. She stated that the entire Council should be represented at the receptions and meetings. She further stated that Corpus Christi had the fewest members in their delegation on the trip to Japan. In answer to the inquiry from Mrs. Rhodes, Council Member Pruet stated that on a foreign trip, it should just be the Council Members who want to go and help; it would not take eight or nine Council Members, only two, three or four would be very effective with economic development series of appointments. Mrs. Rhodes stated that there has to be a balance somewhere; the City has its own economic problems; we have to work to get ourselves out of this financial crunch; and that is top priority. Mayor Turner stated that the comments in the report were not directed to the Council but to the community in general. She stated that some people feel the Council's time is better spent at home, but there is hope for our economic problems in Taiwan. Council Member Slavik suggested that the Council be guided by Rudy Delgado of the Corpus Christi Economic Development Corporation who will advise them of what is necessary and what should be done, and that it should be coordinated. She stated that foreign trade is another tool for economic development in this City; this country has to go after international trade; we should ask the Taiwanese to pay our way over there; they have American dollars; they need to do business with us; and we should take advantage of that. Mayor Pro Tem Moss stated that the report presented is an excellent report. He stated that if we encourage these people to come to our City, we need to roll out the red carpet and that there needs to be more hospitality. * * * * * * * * * * * * * The Council then went into closed session at 9:45 a.m. to discuss personnel matters pursuant to authority granted by Article 6252-17, V.A.C.S. * * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 11:47 a.m. and referred to the Board and Committee appointments and stated that some Council Members have not had an opportunity to review the resumes because they were out of town. Minutes Regular Council Meeting August, 11, 1987 Page 4 A motion was made by Council Member Pruet to postpone the Board and Committee appointments; seconded by Council Member Guerrero and passed unanimously. Mayor Turner referred to the closed meeting and stated that the Council reviewed the performances of the City Manager and City Secretary; it was a very productive review; and that the Council will have quarterly closed discussions with City Manager McDowell and City Secretary Chapa. Council Member Guerrero stated that during the meeting conclusions were made and sensitive subjects were touched on. He stated that for the next 20 months the Council will support City Manager Craig McDowell who has some very difficult decisions to make. Mr. Guerrero then made a motion that the City Manager be given the full support of the City Council. The motion was seconded by Mayor Pro Tem Moss and passed unanimously. Council Member Pruet stated that during the meeting the evaluation of the City Secretary and his office were discussed and that the Council will support City Secretary Armando Chapa. He then made a motion that the Council will fully support the City Secretary. The motion was seconded by Council Members Rhodes and Slavik and passed unanimously. City Manager McDowell expressed his appreciation to the Council for their support and that he looks forward to working with the Council to move the City forward. City Secretary Chapa expressed his appreciation to the Council for their support and pledged to continue the same type of work with both the City Council and the City Manager. Council Member Mendez requested that the report to be presented by the Bond Task Force Committee be postponed until the afternoon. He then requested that the Council allow Ms. Alicia Gallegos -Gomez time to make a brief presentation relative to the library. Ms. Alicia Gallegos -Gomez, 1017 Harrison, a member of the Library Board, stated that the Corpus Christi Public Library will receive a special grant of $53,000 for the purpose of providing a collection of employment and career materials. She stated that the funds will be used to hire a person responsible for selecting the material and that seminars will be held to teach people how to use the material. She stated that they have the endorsement of the Texas Employment Commission and the Jobs Training Commission. She stated that they also plan to purchase the entire collection of college catalogues in the United States and video and large screen equipment. Mayor Pro Tem Moss inquired if the college catalogues would be updated annually and Mrs. Gomez replied it would depend on the funding. 1inutes Regular Council Meeting August,11, 1987 Page 5 Council Member Slavik inquired about the source of the money and Mrs. Gomez replied it is federal monies coming through the Library Services and Construction Act. A motion was made by Council Member Mendez to recess the Council Meeting at 11:55 a.m.; seconded by Mayor Pro Tem Moss and passed unanimously. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and announced presentations. Mayor Turner first recognized the participants in the Special Olympics and read a Resolution commending the Robert Wilson Softball Team which won a bronze medal at the International Special Olympics. She presented the Resolution to Denise Sens, coach of the team, and Council Members presented pins to all of the members of the team. Mayor Turner then presented a Proclamation to the Oso Pony League All Star Team and the coach of the team explained that they had participated in the Texas Mexican World Series where they won four out of five games, played the fifth team the second night of the tournament, and won the Texas Mexican World Series, noting that this is the first Corpus Christi team to do so. * * * * * * * * * * * * * Mayor Turner announced bid openings on engineering projects. Mr. Victor Medina, Director of Engineering, informed the Council that the City Hall and Public Utilities Buildings demolition project bid opening had been delayed until a later date. Mayor Turner then called for the bid opening on the Shade Chaparral Beautification Project, and City Secretary Chapa informed the Council that his office had received one bid late which arrived at 2:01 p.m. Council Member Berlanga stated that since the bid was just a little bit late that it should be opened. He then made a motion that the bid be opened. Mayor Turner asked for a legal opinion and Mr. Hal George, City Attorney, advised the Council that they should adhere to the current policy and reject any bid that is received late. He then explained a situation that had occurred at an earlier date when a bid that was received late was opened; the bidder was the low bidder; and a problem was created in that the second low bidder objected to the bid opening. Mayor Pro Tem Moss pointed out that all of the companies have plenty of time to prepare their bids and submit them to the City Secretary's office. Mr. Berlanga then withdrew his motion. Minutes Regular Council Meeting August 11, 1987 Page 6 Mr. Medina opened bids on the project from the following firms: Cavazos General Contractors; King Construction Co., Inc.; A. Ortiz Construction and Paving, Inc.; and Stefek Construction Company. Mr. Medina noted that all of the bidders had submitted the required bid security bond and had acknowledged receipt of the addendum. Mayor Turner expressed appreciation to the companies submitting bids. * * * * * * * * * * * * * * Mayor Turner explained that she had appointed a Bond Task Force as follows: Frank Mendez, Chairman, Clif Moss, Vic Penuel, Edward Martin, and Larry Major. Council Member Mendez presented the Bond Program Task Force Report and thanked the members of the committee for their assistance and taking time to attend so many meetings. He explained that the charge to the committee was as follows: 1. To review the status of any and all bond funds approved prior to 1986; 2. To review the status of projects for bonds sold as the first part of the 1986 Bond Program; 3. To review remaining projects in the 1986 Bond Program and rate them according to their urgency and ability to provide jobs; and 4. To prepare a final report to the Council. Council Member Mendez continued by stating that the primary purpose of the committee was to assist the City Council in their decision as to whether or not bonds should be sold and if a tax rate should be increased to pay for the bonds. He informed the Council that all of the bond projects approved prior to 1982 have been completed; the committee found that of the $58 million in the bond fund, $32 million will be expended by the City in 1987-88. He explained that the reason not all of the bond funds have been expended is because some of the projects take a great deal of time to complete and the City has a policy of not paying for anything until it underway or completed. Mr. Mendez provided an explanation of funds remaining in various bond funds and stated that the committee makes the following recommendations for the use of these funds: 1. Street Bond Fund - $413,903 - recommended that these be made available for other street -related projects identified in the 1986 program; 2. Sanitary Sewer Bond Fund - $2,316,305 - funds should be made available for other sewer -related projects or support of projects identified in the 1986 program; 3. Fire Department Building Fund - $161,069 - these funds should be used for the relocation of Fire Station //1 which is part of the 1986 bond program. Mr. Mendez stated that.if the Council accepts the committee's recommendations on the allocation of funds as suggested, $2,878,834 would be available to be used for projects or to support the 1986 bond program. Mr. Mendez also stated that the committee recommends that a less complicated system of financial tracking be utilized so that the report on the bond program would be clearer to the general public. He also stated that at this time the committee has not yet set priorities on the remaining projects. Minutes Regular Council Meeting August, 11, 1987 Page 7 Mr. Mendez continued by stating that although the original plan when the bonds were approved was to sell $21 million during this fiscal year, the committee recommends that the sale of bonds be reduced to $8 million which would only require a tax increase of 1.3C to pay for the indebtedness. He pointed out that this projected $8 million, when combined with the $2.8 million from previous bond programs, would total $10.8 million which would result in projects being initiated which would improve the local economy. Mr. Mendez stated that the report from the committee on the projects recommended to be funded will be issued during September. He explained that the reason they recommend the sale of the $8 million in bonds is to assist in getting various projects started since the usual procedure is not to start the engineering on the various projects until after the bonds are sold, and selling bonds in this amount would allow the engineering work to be completed before a large bond sale is conducted in the next fiscal year. He then asked that the City Council support the recommendation of the Bond Task Force Committee. Mayor Turner expressed appreciation for the thoroughness of the report and for the time devoted to the project by the committee members. She then inquired if the bonds to be sold would include those for the aquarium, and Mr. Mendez replied in the affirmative. Mayor Pro Tem Moss explained that the committee had discussed all of the prior bond money; they found that during the changeover in City Managers and other personnel, the engineering work was delayed; and their primary aim is to have the engineering work completed on a number of projects before a large amount of bonds are sold during the next fiscal year. Council Member Slavik agreed that the report was very good and agreed that there is a need to simplify the financial recording. She stated that she agrees with everything except the recommendation for the sale of more bonds this year, particularly since the City will expend $32 million in bond money this fiscal year. City Manager McDowell stated that is correct but it was reduced form $40 million to $32 million. Council Member Mendez pointed out that if bonds are not sold this year, the City will not be able to perform the engineering studies, and next year when there may be an opportunity to sell bonds, all of the projects will be delayed in order to perform the engineering work. He reiterated that they recommended the sale of $8 million in bonds which will be used for engineering for future bond projects. Council Member Slavik continued by stating that this is not a good time to increase taxes to pay for the bond program and stated that she would like to see the City of Corpus Christi be one of the entities that does not increase taxes. Minutes Regular Council Meeting August, 11, 1987 Page 8 Council Member Mendez reminded Mrs. Slavik that the City has a commitment to support the aquarium and inquired as to where she anticipated those funds would come from. Council Member Slavik pointed out that according to the report, $2.8 million is available from previous bond sales. Mr. McDowell pointed out that it is illegal to use sewer bonds, street bonds, etc. for anything other than the same type of project and those funds cannot be transferred to a different category of projects such as the aquarium. Council Member Slavik then inquired about the Reinvestment Zone money, and Mr. McDowell explained that is a separate issue and a separate fund which does not relate to these bond funds. He pointed out that the City included $1.3 million in the first sale of 1986 bonds for the aquarium, but because the project was accelerated by about two years, there is a plan to sell $10 million in Reinvestment Zone Bonds at the end of this year or in the early part of next year. Council Member Slavik then suggested that the tax increase not be any larger than .50c, and Mr. McDowell stated that the recommendation of the committee was that the tax increase be 1.3c but that decision is up to the City Council. Council Member Slavik stated that since the City is committed to the aquarium, that only the bonds be sold for the aquarium and stated that she would be opposed to the sale of bonds for anything other than the aquarium to which the City is already committed. Council Member Rhodes inquired if it is necessary for the Council to vote on this today because she would like to see a list of the projects before voting, and Mr. Mendez stated that this will not be approved until next week; this can be studied in the meantime; and noted that there have been many changes since the bond sale in 1986. He also pointed out that this City is one of the very few cities that has not had to raise taxes and he thinks it is important to meet the commitments and approve those projects that were authorized by the voters and particularly have funds available to prepare the engineering work for future bond sales. Council Member Rhodes stated that the Council could make a determination better if they knew which engineering would be authorized for which projects through the sale of the $8 million in bonds, and Mr. McDowell stated that he thought that the Staff could prepare some ballpark figures including the projects to which the Council has already committed. Mayor Turner indicated that she felt that this would help and reminded the Council that these are the bonds approved by the citizens and the Council should move forward on part of them. Minutes Regular Council Meeting August, 11, 1987 Page 9 Council Member Pruet stated that although the Council does not want to increase taxes, the Council is committed to improving the economy and this would be one method of doing so. Mayor Turner asked that further information be provided the Council and that this be placed on the agenda next week. Mr. Larry Major, 802 Berry Drive, expressed appreciation for the opportunity to serve on this committee. He expressed the opinion that the 1.3c tax increase will provide an opportunity for the City to sell bonds to at least get the engineering work started for future projects and shorten the time lapse between the sale of bonds for the projects and the actual project starts. like then * * * * * * * * * * * * * Mayor Turner stated that if the Council had to consider the public hearings which were announced the public hearing on the following no objection, that she would scheduled for 2:00 p.m. She annexation: 40. Annexation of 26,593 square foot tract of land out of Lot 8, Section 11, Flour Bluff & Encinal Farm and Garden Tracts, located on the southwest of Saratoga and Cimarron Blvd. corner Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map and stated that he had conducted a public hearing the preceding evening at 5:30 p.m. Council Member Slavik inquired about the advertising of the public hearings, and Mr. Wenger stated that there was a publication in the legal notices of the Caller Times, and Mrs. Slavik questioned that procedure. Mr. Wenger pointed out that the City Council set the dates of the public hearing a few weeks ago and, at that time, Mr. J. E. O'Brien had complained that the Staff hearings were usually conducted at 8:30 a.m. and in view of the complaint, the City set the public hearing for 5:30 p.m., but Mr. O'Brien did not attend. Mayor response. Turner called for comments from the audience and there was no A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Guerrero and passed unanimously by those present and voting. City Secretary Chapa polled the Council for the vote on the Ordinance authorizing the contract between the City of Corpus Christi and Encino -Cimarron and it passed on first reading as follows: finutes Regular Council Meeting August 11, 1987 Page 10 40. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ENCINO-CIMARRON, A TEXAS GENERAL PARTNERSHIP, AND ENCINO-CIMARRON 62 LTD., A TEXAS LIMITED PARTNERSHIP, FOR THE ANNEXATION OF APPROXIMATELY 26,593 SQUARE FEET OF LAND OUT OF LOT 8, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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; AND PROVIDING FOR SEVERABILITY. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga absent at the time the vote was taken; Guerrero abstained; Strong absent. * * * * * * * * * * * * * * * Mayor Turner opened the hearing on the following zoning application: 41. Application No. 687-3, T&T Properties: For a change of zoning from "R -1B" One -family Dwelling District and "A -1A" Apartment House District to "R -1C" One -family Dwelling District, being 14.00± acres out of Lots 12 through 14, Sec. 6, Flour Bluff & Encinal Farm & Garden Tracts, located approximately 835' north of Yorktown Boulevard and 70' east of the Club Estates drainage right-of-way. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval and inquired if there was anyone in the audience that wished to speak in opposition to the zoning application. There was no response; a motion was made by Council Member Rhodes that the hearing be closed; seconded by Council Member Guerrero; and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 41. ORDINANCE NO. 19911 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF T & T PROPERTIES BY CHANGING THE ZONING MAP IN REFERENCE TO 14.00± ACRES OUT OF LOTS 12 THROUGH 14, SECTION 6, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "A -1A" APARTMENT HOUSE DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Guerrero, Mendez, Rhodes and Slavik voting, "Aye"; Berlanga and Pruet absent at the time the vote was taken; Strong absent. Minutes Regular Council Meeting August. 11, 1987 Page 11 * * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 42. Application No. 687-4, Corpus Christi Business Enterprise Center, Inc.: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District, being 0.821 acre out of Block B, Saxet Community Center, located on the south side of Up River Road, approximately 345' east of Villa Drive. Mayor Turner noted that both the Planning Commission and Planning Staff recommend denial and in lieu thereof that a special permit be granted for twelve types of limited industrial uses. She inquired of Mr. Wenger if the applicant was agreeable to the special permit, and Mr. Wenger replied in the affirmative. No one spoke in regard to this zoning application. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Slavik and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 42. ORDINANCE NO. 19912 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI BUSINESS ENTERPRISE CENTER, INC. BY GRANTING A SPECIAL PERMIT ON A PORTION OF BLOCK B, SAXET COMMUNITY CENTER IN ACCORDANCE WITH SITE PLAN ATTACHED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Guerrero, Mendez, Rhodes and Slavik voting, "Aye"; Berlanga and Pruet absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 43. Application No. 687-5, Mr. Loyal Edward Piercy: For a change of zoning from "B-4" General Business District to "R -1B" One -family Dwelling District, Lot 11-C, Fallins Riverside Subdivision, located on the east side of Rehfeld Road, approximately 200' south of Leopard Street. Mayor Turner pointed out that both the Planning Commission and Planning Staff recommend approval and ascertained that no one in the audience wished to speak in opposition to this zoning application. Minutes Regular Council Meeting August 11, 1987 Page 19 Submittal of the Appraisal Roll and the anticipated collection rate for 1987 by the Tax Assessor -Collector to the City Council as required by Section 26.04(b) of the Property Tax Code. 10. M87-0290 Amending, prior to third reading, the ordinance amending Article 28A "HC" Historical -Cultural of the Zoning Ordinance; City Code of Ordinances regarding the Landmark Commission; and adding to the Preservation Plan under Chapter IV, to incorporate changes as requested by City Council during Public Hearing on July 21, 1987. 11. M87-0291 Accepting the Furman School Area Street Improvements Phase IV project and authorizing final payment of $86,515.62 to Claude Chapman Construction Co., Inc. No one spoke in regard to the Consent Motions. A motion was made by Council Member Mendez that Consent Motions 1 through 11 be approved; seconded by Council Member Rhodes and passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings, noting that No. 25 is withdrawn for further discussion. No one spoke in regard to Items 12 through 35. City Secretary Chapa polled the Council for their votes and the following were passed: 12. ORDINANCE NO. 19892 AMENDING ORDINANCE NO. 19543 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: Furman School Area, Phase IV - 1. Morris Avenue, Mary Street and Marguerite Street, from Crosstown to 10th Street; 2. 10th Street, from Mary Street to Laredo Street; 3. llth Street, from Morris Avenue to Mary Street; 4. 12th Street, from Morris Avenue to Laredo Street; 5. 14th Street, from Morris Avenue to Marguerite Street, and 6. Sam Rankin Street, from Lipan Street to Mestina Street. Minutes Regular Council Meeting August 11, 1987 Page 20 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 13. RESOLUTION NO. 19893 CLOSING ONE LANE OF TRAFFIC FOR A BICYCLE RACE SPONSORED BY THE CORPUS CHRISTI BICYCLE CLUB FROM 7:00 A.M. TO 7:30 A.M. ON SEPTEMBER 13, 1987, ALONG THE EAST LANE OF THE NORTH BOUND PORTION OF OCEAN DRIVE, SHORELINE BOULEVARD, I.H. 37, HARBOR BRIDGE, AND NUECES BAY CAUSEWAY. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 14. ORDINANCE NO. 19894 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES CONTRACT WITH W. P. WILLS, CONSULTING ENGINEERS, FOR THE PREPARATION OF PLANS AND SPECIFICATIONS TO REHABILITATE THE HIGH INTENSITY RUNWAY LIGHTING SYSTEM FOR RUNWAY 13-31; APPROPRIATING $13,585; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 15. ORDINANCE NO. 19895 AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED WITH VENDOR'S LIEN OF LOT 3, BLOCK 3, RAYNE TRACT, TO POINT GRAY INVESTMENTS, AND REPEALING ORDINANCE 15653 WHICH PROVIDED THAT PROCEEDS FROM THE SALE OR LEASE OF THE SUBJECT PROPERTY BE PAID INTO THE TOURIST AND CONVENTION DEVELOPMENT FUND 103; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 16. ORDINANCE NO. 19896 AUTHORIZING .CONTRACT AMENDMENTS SETTING COUNCIL REPRESENTATION ON REINVESTMENT ZONE NO. 1 BOARD OF DIRECTORS, DESIGNATING THE MAYOR AS CHAIRMAN OF THE BOARD, AND AMENDING THE PROJECT PLAN AND FINANCE PLAN TO PROVIDE BOND FUNDING FOR THE TEXAS STATE AQUARIUM AND THE CORPUS CHRISTI MUSEUM EXPANSION, AND VALIDATION OF THE ZONE BY THE OTHER TAXING DISTRICTS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 11, 1987 Page 21 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 17. ORDINANCE NO. 19897 AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED OF LOTS 13 AND 14, BLOCK 16, CRAVEN HEIGHTS ADDITION, TO SOUTHWESTERN REFINING COMPANY FOR A CASH CONSIDERATION OF $7,000.10; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 18. RESOLUTION NO. 19898 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS PROJECT; AND APPROPRIATING $5,300 FROM THE STREET BOND FUND FOR SAID ACQUISITION. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 19. RESOLUTION NO. 19899 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS PROJECT; AND APPROPRIATING $12,325 FROM THE STREET BOND FUND FOR SAID ACQUISITION AND CLOSING COSTS. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 20. RESOLUTION NO. 19900 APPROVING CHANGE ORDER NO. 1 TO THE OCEANSIDE ASPHALT, INC. CONTRACT FOR THE LAMAR EAST AREA STREET IMPROVEMENT PROJECT AND APPROPRIATING $24,336.40. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 21. RESOLUTION NO. 19901 Minutes Regular Council Meeting August 11, 1987 Page 22 AUTHORIZING THE EXECUTION OF A CONTRACT WITH E. J. STEFEK COMPANY FOR THE EXTENSION OF A WATERLINE TO SERVE THE BOTANICAL GARDENS; APPROPRIATING $117,481.77. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 22. RESOLUTION NO. 19902 AUTHORIZING THE EXECUTION OF A CONTRACT WITH S. A. GARZA ENGINEERS, INC., FOR ENGINEERING DESIGN SERVICES FOR THE INSTALLATION OF A CASING PIPE UNDER I.H. 37 AT RIPPLE LANE FOR A FUTURE SANITARY SEWER LINE; AND APPROPRIATING $3,480 FROM THE SANITARY SEWER BOND FUND. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 23. RESOLUTION NO. 19903 SUPPORTING PLANS OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXTEND THE CROSSTOWN EXPRESSWAY SOUTH OF PADRE ISLAND DRIVE. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 24. RESOLUTION NO. 19904 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE HISPANIC ART CENTER AND TO ACQUIRE SAID PARCEL FROM THE OWNER, B. E. BEECROFT. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 26. RESOLUTION NO. 19906 AUTHORIZING THE EXECUTION OF A CONTRACT FOR EMPLOYMENT PROGRAMS UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 FOR YEARS EFFECTIVE JULY 1, 1987 WITH THE COUNTY OF NUECES. The foregoing Resolution passed by the following vote: Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; at the time the vote was taken; Strong absent. AND TRAINING A TERM OF TWO Turner, Moss, Slavik absent Minutes Regular Council Meeting August 11, 1987 Page 12 Mr. Wenger informed the Council that the 20 percent rule is in effect on this application and approval of the ordinance will require seven affirmative votes. A motion was made by Council Member Slavik that the hearing be closed, seconded by Council Member Guerrero, and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 43. ORDINANCE NO. 19913 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LOYAL EDWARD PIERCY BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 11C, FALLINS RIVERSIDE SUBDIVISION FROM "B-4" GENERAL BUSINESS DISTRICT TO "R -1B" GENERAL BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Rhodes and Slavik voting, "Aye"; Pruet absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 44. Application No. 787-2, Jessie Little VFW Post 8932: For a change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, Lots 24, 25 and 26, Block 5, Flour Bluff Center, located on the northwest corner of Central Drive and O'Neil Street. It was noted that both the Planning Commission and Planning Staff recommend denial of the requested zoning but in lieu thereof that a special permit be granted for a VFW post home. Mr. Ed Sample, engineer representing the applicant, stated that this is acceptable to the applicant. Council Member Guerrero asked for a further explanation and that the location of the area be identified. 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 20 percent rule is in effect on this case also. Council Member Guerrero inquired if alcoholic beverages would be served at the VFW post home, and Mr. Wenger stated that they would be since it is a private club and is allowed. Minutes Regular Council Meeting August 11, 1987 Page 13 Mr. Wenger informed the Council that in response to the sixteen notices of the public hearing that were mailed, two in favor and six in opposition were returned, noting that the six in opposition were enough to institute the 20 percent rule. Mr. Ed Sample, 1353 Ray Drive, representing the applicant, first thanked the Council for working so harmoniously together and complimented them on the utilization of committees such as the Bond Program Task Force. He referred to the zoning application and stated that the VFW post needs to move because their premises are now located in the Navy's crash zone. He explained that the post has about 138 members; about 25 of them are active; very little traffic will be generated at the proposed post location and addressed the issue of the sale of alcoholic beverages. He stated that the members are mature, responsible citizens and presented to the Council a copy of a letter from Nueces County Constable Ronnie H. Polston which stated that he has dealt with the members of VFW Post 8932, participated in numerous patriotic and community type services, and verified that they are interested in the welfare of the community and this nation and conduct themselves accordingly. Mr. Sample stated that the post members meet twice a month on Thursdays. Mr. Wenger stated that the Staff does not recommend any high density uses in this area and pointed out that the proposed use is in compliance with the Flour Bluff zoning plan in that the Master Plan recommends "B-3" uses which is non-residential. Council Member Slavik inquired if they had tried to find other locations, and Mr. Wenger replied that they had, but this was the only one that they could afford. A motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez and passed unanimously. Council Member Pruet stated that he owns property within 200' of the subject property; he will disqualify himself from voting on the Ordinance; and stated that he had filed an affadavit in the Office of the City Secretary. Mr. Wenger explained that Mr. Pruet's disqualification has the effect of reducing the Council to eight members for voting purposes and that the 20% rule was in effect. Six affirmative votes will be needed to pass this ordinance. City Secretary Chapa polled the Council for their votes and the Ordinance failed to pass as follows: 44. ORDINANCE FAILED TO PASS AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JESSIE LITTLE VFW POST 8932 BY GRANTING A SPECIAL COUNCIL PERMIT FOR A VFW POST HOME ON LOTS 24, 25 and 26, BLOCK 5, FLOUR BLUFF CENTER; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 11, 1987 Page 14 The foregoing Ordinance failed to pass by the following vote: Turner, Moss, Berlanga, Mendez, and Slavik voting, "Aye"; Guerrero and Rhodes voting, "No"; Pruet Disqualified Himself; Strong absent. Mayor Turner declared a recess at 3:48 p.m. * * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 4:00 p.m. and opened the hearing on application No. 45. 45. Application No. 787-3, Spohn Hospital: For a change of zoning from "AB" Professional Office District and "B-1" Neighborhood Business District to "B-4" General Business District, Lots 1 through 7; 8A -12A; and 22A -26A, Block VIII, Ocean View Addition, located on the south side of Elizabeth Street, between 5th and Santa Fe Streets. 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. Council Member Berlanga questioned the alley closing that is proposed as a part of this project, and Mr. Wenger explained that the Council will set the public hearing on the alley closing later in the meeting that day. Mayor Turner ascertained that no one in the audience wished to speak in opposition to the zoning case. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Rhodes and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 45. ORDINANCE NO. 19914 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SPOHN HOSPITAL BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 THROUGH 7, 8A THROUGH 12A, AND 22A THROUGH 26A, BLOCK VIII, OCEAN VIEW ADDITION FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Mendez, Pruet and Rhodes voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning case: Minutes Regular Council Meeting August 11, 1987 Page 15 46. Amendment to the Zoning Ordinance: Amending Article 3, Definitions, Subsection 3-1.55 by rewording the definition of Sign. She pointed out that both the Planning Commission and Planning Staff recommend approval. No one spoke in opposition to this zoning application. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Rhodes and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on first reading: 46. FIRST READING AMENDING ARTICLES 3, 7A, and 29 OF THE ZONING ORDINANCE BY DELETING, SUBSTITUTING, AND RENUMBERING PROVISIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Mendez, Pruet, Berlanga and Rhodes voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner opened the hearing on the following zoning matter: 47. Amendment to the Zoning Ordinance: Amending Article 12. "B-1" Neighborhood Business District Regulations, Section 12-2.07. Amending Article 15. "B-3" Business District Regulations, Section 15-2.10. Amending Article 16. "B-4" General Business District Regulations, Section 16-2.10. Amending Article 20. "I-2" Light Industrial District Regulations, Section 20-2.01 and 20-2.02. Amending Article 21. "I-3" Heavy Industrial District Regulations, Section 21-2.03. Council Member Rhodes pointed out that the agenda indicates that both the Planning Commission and Planning Staff recommend approval but the information from the Planning Commission hearing indicates that the Planning Commission recommends approval of the Ordinance as it is written; however, the Planning Staff recommends deleting portable signs. Mr. Wenger verified this statement by informing the Council that the Staff recommends deletion of portable signs, but the Planning Commission recommends not eliminating the portable signs as they are currently allowed. Mr. Ray Gallagher expressed support of the Planning Staff's recommendation to eliminate the portable signs stating that he had discussed this with some of 4inutes Regular Council Meeting August 11, 1987 Page 16 the businesses on the south side of town and they concur that the portable signs should be eliminated. No one else spoke in regard to this application. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Pruet and passed unanimously. A motion was made by Council Member Rhodes that the proposed Ordinance be amended to eliminate the portable signs. The motion was seconded by Council Member Pruet and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their vote on the Ordinance as amended and it passed on first reading as follows: 47. FIRST READING AMENDING THE ZONING ORDINANCE BY ADOPTING NEW ZONING REGULATIONS FOR SIGNS IN "B-1" NEIGHBORHOOD BUSINESS, "B-3" BUSINESS, "B-4" GENERAL BUSINESS, "I-2" LIGHT INDUSTRIAL AND "I-3" HEAVY INDUSTRIAL DISTRICTS. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Berlanga, Mendez, and Rhodes voting, "Aye"; Pruet voting "No"; Guerrero and Slavik absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following item: 48. Amendment to the Platting Ordinance: Amending Section XIII, Appeal. Mr. Wenger explained the need for this amendment stating that the Staff does not have the authority to appeal to the City Council on decisions of the Planning Commission which are not in compliance with ordinances. Mr. Joe Garcia, Chairman of the Planning Commission, spoke in opposition to the Ordinance, stating that he did not feel that the City Staff has substantiated the reason for this amendment. He expressed the opinion that the Planning Commission adheres to all of the Ordinances; they are well aware of the Platting Ordinance; and he could not remember any plat that has been approved that created any problems for the Staff. He stated that the Planning Commission is of the opinion that this amendment is unnecessary because the City Staff has legal recourse to any decision of the Planning Commission on approving plats through the courts. Council Member Mendez stated that he did not see any reason for the Planning Commission's opposition to this because the Staff should have the option to appeal decisions to the City Council. Minutes Regular Council Meeting August 11, 1987 Page 17 Council Member Rhodes stated that she understood Mr. Garcia's concern but pointed out to him that it is possible that the next Planning Commission would not comply with the Ordinances as well as this one does and she felt that it is good to have this appeal process. No one else spoke in regard to this application. A motion was made by Council Member Pruet that the hearing be closed; seconded by Council Mendez and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 48. FIRST READING AMENDING ORDINANCE NO. 4168 OF THE CITY OF CORPUS CHRISTI, AS AMENDED, ADOPTED MARCH 23, 1955, AND DESIGNATED AS THE PLATTING ORDINANCE, PROVIDING AUTHORITY FOR THE CITY MANAGER TO APPEAL DECISIONS OF THE PLANNING COMMISSION TO THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet and Rhodes voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Ordinance No. 36. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 36. ORDINANCE NO. 19910 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH SINSAN, INC. FOR THE DEVELOPMENT OF A RECREATIONAL FACILITY ON CORPUS CHRISTI BEACH. The foregoing Ordinance passed on its third reading by the following vote: Turner, Moss, Berlanga, Mendez, Pruet and Rhodes voting, "Aye"; Guerrero and Slavik absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 through 11. 1. M87-0281 Approving supply agreements for janitorial supplies to Century Papers, M&M Sales Co. and Gulf Coast Papers based on low and best bid for a total of Minutes Regular Council Meeting August 11, 1987 Page 18 $116,500.09. The terms of these agreements will be twelve months 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. Funds were included in the 1986-87 budget. 2. M87-0282 Authorizing the City Manager or his designee to enter into an agreement with Keep America Beautiful, Inc. (KAB) for a litter and waste abatement program and authorizing reimbursement to KAB in the amount of $19,500 for one year term beginning August 1, 1987. 3. M87-0283 Authorizing a contract with Texaco Refining and Marketing, Inc. for acquisition of Parcel 13 for the Padre Island Drive Improvements Project. 4. M87-0284 Authorizing acquisition of Parcel 12 at a cost of $83,750 for the Aquarium Land Acquisition Project. 5. M87-0285 Scheduling a public hearing for August 25, 1987, on a request to close and abandon the 15 -foot wide public alley adjacent to Lots 1 through 7, 8A and 26A, Block VIII, Ocean View Addition. 6. M87-0286 Scheduling a public hearing for August 25, 1987, on the closure and abandonment of a portion of Aubrey Street adjacent to I.H. 37 between North Shoreline Boulevard and Water Street. 7. M87-0287 Authorizing the submission of a grant application to the Council of Governments, Criminal Justice Division, for the temporary expansion of the Nueces County Organized Crime Control Unit. 8. M87-0288 Appointing the Mayor as Chairman of the Board of Directors of the Reinvestment Zone No. 1, Corpus Christi, Texas. 9. M87-0289 Minutes Regular Council Meeting August 11, 1987 Page 23 27. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY ADDING A NEW SUBSECTION TO ARTICLE I THEREOF, WHICH PROVIDES FOR AUTHORITY OF THE CITY MANAGER OR HIS DESIGNEE TO ISSUE STANDARD FORM USE PRIVILEGE AGREEMENTS, ADOPTING A STANDARD FORM DOCUMENT, AND ESTABLISHING A FEE THEREFOR; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 28. SECOND READING AMENDING CHAPTER 9, AVIATION, BY ADDING A NEW SECTION 9-61, PERMIT FOR COMMERCIAL GROUND TRANSPORTATION OPERATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 29. SECOND READING AMENDING THE CITY CODE, CHAPTER 9, AVIATION, SECTION 9-54, LANDING FEES FOR COMMERCIAL AIRCRAFT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 30. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A TRACT OF LAND OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL AREA. The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 31. SECOND READING AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING LEASE AGREEMENT WITH ARLAN BRUNE AND GARY CLANTON FOR A 3.9 ACRE TRACT OF LAND LOCATED OFF HEARN ROAD. Minutes Regular Council Meeting August 11, 1987 Page 24 The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye'; Slavik absent at the time the vote was taken; Strong absent. 32. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTION 2-78, FEES, TO INCREASE OVERDUE FEES AND AUTHORIZE THE CITY MANAGER TO SET OTHER FEES FOR LIBRARY SERVICES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its second reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye'; Slavik absent at the time the vote was taken; Strong absent. 33. ORDINANCE NO. 19907 AMENDING THE ZONING ORDINANCE ARTICLE 28A, "HC" HISTORICAL -CULTURAL LANDMARK PRESERVATION, BY DELETING SECTION 28-A-5 LANDMARK COMMISSION - CREATED. The foregoing Ordinance passed on its third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 34. ORDINANCE NO. 19908 AMENDING THE CODE OF ORDINANCES BY ADDING A NEW SECTION TO CHAPTER 2, ADMINISTRATION, ARTICLE IV, MISCELLANEOUS BOARDS, COMMISSIONS, AND COMMITTEES, TO INCLUDE THE LANDMARK COMMISSION. The foregoing Ordinance passed on its third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. 35. ORDINANCE NO. 19909 AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing.Ordinance passed on its third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Mendez, Pruet and Rhodes voting, "Aye"; Slavik absent at the time the vote was taken; Strong absent. Mayor Turner called for discussion of Item No. 25 which consisted of a Resolution authorizing a contract for an electronic message display center for the Bayfront Plaza Convention Center. Minutes Regular Council Meeting August 11, 1987 Page 25 Council Member Rhodes objected to the expenditure of funds because she felt that a small sign would be adequate. City Manager McDowell stated that he would like to give a short presentation on this. He explained that the previous Council felt that it was important that the Convention Center be advertised; one sign will be on the IH -37 median and another sign will be on the convention center building; the signs would be very helpful to tourists and citizens by advertising various events. it will provide information and can be very attractive. Mr. Bill Hennings, Assistant City Manager, displayed a drawing showing the location of the proposed sign stating that it will be a landscaping and beautification project. He stated that they had been working with the State Department of Highways and Public Transportation which department had agreed to allow the installation of the sign. He pointed out that different messages could be displayed on the sign. Mayor Turner questioned the necessity for a sign of that size that has moving messages, and Mr. McDowell expressed the opinion that it would not detract from the beauty of the landscaped area. Mr. Dave Colliton, Federal Sign Company, stated that the Convention Center is quite an asset and its location needs to be advertised. He explained that the sign was designed to be noticeable and readable; smaller signs would lose their readability; and the one on the side of the Convention Center will be the same type as the one at IH -37. Mayor Pro Tem Moss noted that two weeks ago this item was on the Council's agenda and he had called Chris Davis, President of the Corpus Christi Area Convention & Visitors Bureau, who provided him with a letter which indicated he felt that the City needed something like this to advertise the events at the Convention Center. Mr. Moss stated he is now in favor of this item. Ms. Cheri Fitzgerald, Account Representative with Federal Sign Company, provided figures on the traffic count going in each direction on IH -37 and pointed out that the sign will make citizens aware of events occurring in Corpus Christi. She pointed out that any type of moving picture or message can be displayed on the signs. City Manager McDowell stated that Staff recommends approval of this and pointed out that funds are available in the Community Convention Facility Bond Fund and the expenditure will have no effect on the operational budget. Council Member Mendez noted that the proposed location of the sign on IH -37 is in the location where the Regional Transit Authority is considering the possibility of establishing a station and it was his understanding that they plan to study the area before making a final decision on the location of their station. Minutes Regular Council Meeting August 11, 1987 Page 26 City Manager McDowell stated that is true but the study will require about nine months. Council Member Guerrero pointed out that the upkeep and maintenance of the signs will be something to contend with, and City Manager McDowell stated that maintenance and upkeep is included in the cost of the bid for the first year but noted that the maintenance would be between $25,000 and $30,000 a year. He also stated that it would be at least a year before the Regional Transit Authority is ready to release the land that they own in the area and this would delay the installation of the proposed sign. Council Member Mendez expressed the opinion that the City should discuss this with the representatives of RTA, and Mr. McDowell pointed out that the sign would not have any effect on the proposed terminal because the sign would be on the other side of IH -37. Mayor Turner called for comments from the audience. Mr. Hugo Berlanga, Speaker Pro Tem of the House of Representatives, stated that he had discussed with San Antonio Mayor Henry Cisneros the regional economic development situation and he had asked that the state assist the urban areas of the state including the City of Corpus Christi. He informed the Council that $37 million will be provided for a PASS Program by which the state would provide repairs and necessary changes and maintenance for high traffic area street improvements. He explained that the program will include federal funding as well as state funding and stated that once this is adopted and the projects are approved, that funding may be available to be used for this project. He expressed the opinion that IH -37 may be a prime area for such improvements. He summarized by informing the Council that the City Council will be invited to attend a meeting on this subject on August 31, 1987. Council Member Pruet stated that he thought it would be appropriate to approve the purchase of the sign for the Convention Center and wait until a later date to approve the sign for IH -37. A motion was made by Council Member Pruet that the Resolution be amended to approve the $70,000 signage for the Convention Center building and delay the remainder of the project. The motion was seconded by Council Member Mendez. City Manager McDowell stated that Staff's understanding of the program that Speaker Pro Tem Berlanga had addressed would probably not provide funding for improvements to IH -37, and Council Member Mendez agreed stating that the program will really address arterial streets and would be used for improving major streets and for maintenance. City Manager McDowell informed the Council that the City Staff would not recommend approval of an RTA terminal at that location even if they decide to locate one at the intersection of IH -37 and Chaparral. Minutes Regular Council Meeting August 11, 1987 Page 27 Mayor Turner called for the vote on the motion to amend the Resolution and it passed by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting "Aye"; Berlanga and Guerrero absent at the time the vote was taken; Strong absent. City Secretary Chapa polled the Council for their votes on the following Resolution as amended: 25. RESOLUTION NO. 19905 APPROVING A CONTRACT WITH FEDERAL SIGN IN THE AMOUNT OF $66,649 FOR ONE ELECTRONIC MESSAGE DISPLAY CENTER FOR THE CONVENTION CENTER, AND APPROPRIATING $70,000 FROM THE COMMUNITY -CONVENTION FACILITY BOND FUND 209. The foregoing Resolution passed by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and Guerrero absent at the time the vote was taken; Strong absent. Mayor Turner called for consideration of the Ordinances from the Regular Agenda, all of which were first reading Ordinances. There was no discussion of the Ordinances; City Secretary Chapa polled the Council for their votes; and the following Ordinances were passed on first reading: 37. FIRST READING AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTION 29-28, LIMITS OF PERMISSIBLE CONFINEMENT OF PERSONS CONVICTED, TO PROVIDE FOR A WORK RELEASE PROGRAM FOR INDIGENTS ADJUDGED GUILTY IN MUNICIPAL COURT AT THE REQUEST OR UPON ORDER BY THE JUDGE; DESCRIBING SUCH WORK RELEASE PROGRAM; PROVIDING FOR IMPRISONMENT IN LIEU THEREOF; PROVIDING FOR CREDIT AGAINST THE FINE AT A REASONABLE RATE; EXEMPTING PERSONS UNDER 18 YEARS OF AGE; AND PROVIDING GUIDELINES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and Guerrero absent at the time the vote was taken; Strong absent. 38. FIRST READING CONSENTING TO THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO TCI CABLEVISION OF TEXAS, INC. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and Guerrero absent at the time the vote was taken; Strong absent. Minutes Regular Council Meeting August 11, 1987 Page 28 39. FIRST READING AMENDING CHAPTER IV, ENTITLED IDENTIFICATION AND INVENTORY, OF THE PRESERVATION PLAN ADOPTED PURSUANT TO SECTION 28A-6 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on its first reading by the following vote: Turner, Moss, Mendez, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga and Guerrero absent at the time the vote was taken; Strong absent. * * * * * * * * * * * * * * * Mayor Turner suggested that the City Council consider eliminating the usual morning Workshop Meeting on Tuesdays and begin the Regular Council Meeting at 9:00 a.m. every Tuesday. She pointed out that the new Charter prohibits discussion of any items during the morning workshop that are to be considered during the afternoon. She explained that workshops could be conducted in the afternoon after the Regular Council Meeting if necessary. Discussion followed and the Council Members indicated their concurrence with this suggestion. * * * * * * * * * * * * * * * Mayor Turner called for the City Manager report. City Manager McDowell thanked the Council again for their comments in regard to his performance of duties as City Manager. He informed the Council that the moving date for the new City Hall has been changed to the end of January. Mayor Turner then called for Council Liaison Reports on Committee/Project assignments: Council Member Rhodes reported that the Port Authority had some items on their agenda that day that were important and would have some effect on the City and stated that she would have a report on this next week. Mayor Pro Tem Moss reported on the Regional Transit Authority stating that they had a meeting scheduled Wednesday at 5:30 p.m. but they did not have a quorum. He explained that they are having difficulty in obtaining a quorum for their meetings. Council Member Rhodes stated that the Corpus Christi Library Board would like to set up committees to advise them on different aspects of the operation, and City Manager McDowell pointed out that the City Charter prohibits any board from setting up Ad Hoc Committees unless they are approved by the City Council. In regard to the Corpus Christi Area Convention & Visitors Bureau, Council Member Pruet referred to their new logo and name change. Minutes Regular Council Meeting August 11, 1987 Page 29 Council Member Guerrero asked the Staff to provide a report on the flight situation into Corpus Christi. He noted that the airlines are overbooking their flights into Corpus Christi. He explained that the preceding evening he had returned to Corpus Christi from a trip and the airline on which he was flying had offered $500 to anyone who would give up a seat, noting that they had overbooked it by 14 passengers. City Manager McDowell stated that discussions are continuing with the airlines and they hope to improve the situation in the near future. Council Member Guerrero expressed concern about work performed by contractors, subcontractors, inspectors, etc. in that the consumer is not being protected. He referred to the deteriorating condition of a citizen's home which had been purchased and was now falling apart. Council Member Pruet inquired about the status of using people who owe fines to Municipal Court for City projects, and it was pointed out that there was an Ordinance on the agenda on first reading to allow this practice. City Manager McDowell informed the Council that Staff is considering the possibility of ditch -cleaning as a project for privatization. Mayor Turner referred to the report during the morning on their visit to Yokosuka, Japan which included the recommendation that the Sister City Liaison person be changed from the Park and Recreation Department to Information Services in order to set up displays of material on the City's Sister Cities. City Manager McDowell replied that he would like to study this further before changing that to Information Services and would provide a report on this in a week or two. Council Member Guerrero inquired about the possibility of using Community Development Block Grant Funds for a major baseball park for the City, and Assistant City Manager Kelly Elizondo informed him that CDBG funds could be used for that purpose. City Manager McDowell stated that this could be considered but the cost would be between $4 and $5 Million. He stated that they are also considering discussing this with the school districts. Mr. Elizondo stated that he had met with school representatives to discuss this possibility, and Mayor Turner suggested that Council Members Berlanga, Guerrero and Mendez work on that committee with Mr. Elizondo. Council Member Berlanga referred to the upcoming appeal on the old courthouse building, and Mr. McDowell explained that this is scheduled for August 25th. He explained that Mr. Bennett, at this time, has 120 days to start bringing it up to code or tear it down, and if Mr. Bennett cannot afford to demolish the building, the City will be responsible. Minutes Regular Council Meeting August 11, 1987 Page 30 There being no further business to come before the Council, on motion by Mayor Pro Tem Moss, seconded by Council Member Guerrero and passed unanimously, the meeting was adjourned at 5:32 p.m. August 11, 1987. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of August 11, 1987, which were approved by the City Council on August /8, 1987. WITNESSETH MY HAND AND SEAL, this the etty Tu er, MAYOR day of Seta -11 /q %- L Armando Chapa, City Secreta City of Corpus Christi