HomeMy WebLinkAboutMinutes City Council - 08/18/1987MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
TULOSO-MIDWAY/RAND MORGAN HIGH SCHOOL
AUGUST 18, 1987
6:30 P.M.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Clif Moss
Council Members:
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
* Bill Pruet
Mary Rhodes
Mary Pat Slavik
** Linda Strong
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
Mayor Turner called the meeting to order at the Tuloso-Midway/Rand Morgan
High School at 6:30 p.m. and thanked the residents of the northwest area for
attending the meeting and expressed appreciation to the school district for
allowing the City to use their building.
The invocation and the Pledge of Allegiance to the Flag of the United
States were led by Mayor Pro Tem Clif Moss.
Rather than calling the roll, Mayor Turner requested the Council Members to
introduce themselves.
A motion was made by Council Member Mendez that the Minutes of the Regular
Council Meeting of August 11, 1987 be approved as presented; seconded by Council
Member Mary Pat Slavik; and passed unanimously.
Council Member Frank Mendez, representative of District 1, made remarks and
provided information in regard to the northwest area of Corpus Christi. He
reported on the 21 projects that have either been completed or are underway in
District 1 noting that the total amount of improvements is $17,964,000. Mr.
Mendez also enumerated the 13 major projects proposed in the 1986 Bond Program
in the same area for a total of $7,162,000.
* * * * * * * * * * * * * * *
Mayor Turner announced the bid opening on the following engineering
projects:
1. Water line adjustments at South Padre Island Drive and Old Brownsville Road.
MICROFILMED
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Mr. Victor Medina, Director of Engineering, opened bids on this project
from the following firms: Heldenfels Brothers, Inc.; Perry Construction
Company, Inc.; and South Texas Utility Contractors.
2. Camron Street water line adjustment.
Mr. Medina opened bids on this project from the following companies: H. P.
Fowler Contracting Corporation; Heldenfels Brothers, Inc.; Perry Construction
Company, Inc.; South Texas Utility Contractors; and South Texas Oilfield
Maintenance Company.
Mayor expressed appreciation to the companies that had submitted bids.
* * * * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 and 2.
1. M87-0292
Authorizing the City Manager or his designee to submit an application to
and execute a contract with the Coastal Bend Council of Governments for the
continuance of the Senior Community Services' Elderly Nutrition Program.
The total budget for the program is $736,291 including City matching funds
of $138,000 included in the 1987-88 budget.
2. M87-0293 (As Amended)
Setting a public hearing to be conducted by the Planning Commission in the
Council Chamber, City Hall, at 5:30 p.m., September 2, and a second public
hearing to be held on September 8, 1987 by the City Council at 2:00 p.m. on
the annexation of 3,630.06 acres of land and 32,966.32 acres of water,
generally located along the fringe of the present City limits, from far
west extending along the south City limits to the far east.
A motion was made by Council Member Guerrero that item number one be
approved, seconded by Council Member Slavik and passed unanimously by those
present and voting.
City Manager Craig McDowell stated that the staff would like to make a
short presentation on Motion number two.
Assistant City Manager Esequiel Elizondo explained the schedule of the
annexation procedures including two public hearings, publication, a
three -reading ordinance authorizing the annexation, and the final annexation on
December 13, 1987.
Mr. Elizondo continued by stating that staff is recommending that the
following areas of Padre Island Undeveloped property be withdrawn from the
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annexation: items E-26, E-27, E-28, E-29, E-30, E-31, and E-34. He stated that
this represents approximately 1,400 acres.
Mr. Elizondo also informed the Council that the Planning Commission has
informed him that they wanted to conduct a public hearing on the annexation
also, and Council Member Mary Rhodes inquired if the Planning Commission could
conduct the first public hearing.
Mr. Elizondo replied that they could do this and suggested that the first
public hearing be conducted by the Planning Commission on September 2 at 5:30
p.m. which is their regular meeting day.
Council Member Mary Pat Slavik inquired as to when the Council asked that
this annexation request be brought forward, and City Manager McDowell explained
that the staff has been studying this for some time and the plan was presented
to the City Council two weeks ago.
In response to an additional question by Council Member Slavik, Mr.
Elizondo stated that this is a staff initiated annexation in accordance with the
policy statement adopted by the City Council for their Strategic Action Agenda.
He explained that Mr. Wenger, Mr. Willie Pulido, and other Senior Planners in
the Planning Department had worked it out. He explained that other departments
have commented on the proposed annexation and that they have been working on it
since late February when he was first appointed to the position of Assistant
City Manager.
Mr. George Polinard, 4701 Andover, stated he would like to know what part
of the land is being considered, and Mayor Turner explained to him that the plan
is available in the Planning Department and asked that Mr. Polinard be mailed a
copy of it.
* Council Member Pruet arrived at the meeting at 7:00 p.m.
Mr. Chapa pointed out that if the Council prefers to have the Planning
Commission conduct one of the public hearings, the motion under consideration
will have to be amended to make that change.
Mayor Turner called for other comments from the audience.
Mr. J. E. O'Brien, 4130 Pompano, expressed the opinion that the annexation
could be a very controversial issue. He referred to the amount of money staff
projected that it would bring into the City and stated that he would also like
to know how much it is going to cost the City to provide services, noting that
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integral part in the area development plans with which the Planning Commission
is currently involved.
A motion was made by Council Member Guerrero that the Council accept the
Planning staff's recommendation and approve item number 2. The motion was
seconded by Mayor Pro Tem Moss and passed unanimously.
* * * * * * * * * * * * * * *
Mayor Turner called for the consideration of Consent Ordinances No. 3 -
14a, with exception of items 3, 7, and 13 which the Council Members had asked be
discussed.
City Secretary Chapa polled the Council for their votes and the following
Ordinances were passed:
4. ORDINANCE NO. 19917
DETERMING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF SOUTH PADRE
ISLAND DRIVE, FROM 0.5 MILES NORTH OF THE AIRPORT DITCH TO SOUTH OF STATE
HIGHWAY 44; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes,
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
5. ORDINANCE NO. 19918
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF SOUTH PADRE ISLAND DRIVE, FROM 0.5 MILES NORTH OF THE
AIRPORT DITCH TO SOUTH OF STATE HIGHWAY 44; DETERMINING THE PORTION OF SAID
COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID
BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL AT 2:00 P.M.
ON SEPTEMBER 15, 1987, IN COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE
BOULEVARD; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes,
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
6. ORDINANCE NO. 19919
CANCELING THE ASSESSMENTS AGAINST CERTAIN PROPERTY IN CONNECTION WITH
STREET IMPROVEMENTS AS SET FORTH IN ORDINANCE 19748, AND THE NOTICE OF THE
CITY SECRETARY FILED IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY,
TEXAS; AUTHORIZING THE GENERAL RELEASE OF ALL PROPERTIES ABUTTING ON THE
STREET AS DESCRIBED HEREIN AFFECTED BY REASON OF SAID NOTICE IN CONNECTION
WITH STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY.
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The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes,
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
8. ORDINANCE NO. 19921
CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT ALONG THE COMMON
LOT LINE OF LOTS 3C AND 3D, PARK PLAZA ANNEX, SUBJECT TO PROVISIONS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes,
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
9. ORDINANCE NO. 19922
CLOSING AND ABANDONING A 594.3 FOOT LONG PORTION OF A 20 -FOOT WIDE UTILITY
EASEMENT VOLUME 313, PAGE 939, DEED RECORDS, NUECES COUNTY, TEXAS, AND
LOCATED IN BLOCK 12, J. C. RUSSELL FARM BLOCKS, SUBJECT TO THE PROVISIONS
LISTED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes,
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
10. ORDINANCE NO. 19923
AMENDING PLATTING ORDINANCE 4168, SECTION VI, EXCEPTIONS, AS AMENDED, BY
ADDING A NEW SUBSECTION EXEMPTING THE CITY OF CORPUS CHRISTI FROM PAYMENT
OF CERTAIN DEVELOPMENT FEES ASSOCIATED WITH THE PLATTING OF EXISTING
DEVELOPED CITY PROPERTY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes,
Slavik voting, "Aye"; Strong absent at the time the vote was taken.
11. RESOLUTION NO. 19924
RESOLUTION APPROVING THE DEVELOPERS' APPLICATION AND AUTHORIZING
REIMBURSEMENT TO CAROLE GOTTLICH AND REBECCA J. TURBERVILLE, OWNERS AND
DEVELOPERS OF LUM HART ADDITION, LOT 8, FOR THE INSTALLATION OF
APPROXIMATELY 46 LINEAR FEET OF OFFSITE 8 -INCH DIAMETER SANITARY SEWER;
APPROPRIATING $1,660.83.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik voting, "Aye"; Strong absent
at the time the vote was taken.
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12. RESOLUTION NO. 19925
AUTHORIZING THE EXECUTION OF A CONTRACT WITH L & L CONSTRUCTION COMPANY FOR
THE PURCHASE AND INSTALLATION OF INTERIOR AND EXTERIOR SIGNAGE AT THE
CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $227,868.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik voting, "Aye"; Strong absent
at the time the vote was taken.
14. RESOLUTION NO. 19927
APPROPRIATING $100,000 FROM THE NO. 269 CENTRAL PUBLIC LIBRARY BOND FUND
FOR THE PURCHASE OF BOOKS AND OTHER LIBRARY MATERIALS.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik voting, "Aye"; Strong absent
at the time the vote was taken.
14a. RESOLUTION NO. 19928
APPROPRIATING $37,500 FROM THE NO. 245 AIRPORT BOND FUND AS FULL AND FINAL
SETTLEMENT OF A ROOFING CLAIM SUBMITTED BY THE CONTRACTOR, CJB
CONSTRUCTION, INC., IN CONNECTION WITH THE WEST CONCOURSE EXTENSION AND
HOLDROOM PROJECT AT CORPUS CHRISTI INTERNATIONAL AIRPORT.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik voting, "Aye"; Strong absent
at the time the vote was taken.
Council Member Slavik referred to Ordinance No. 3 which authorizes
continuation of the agreement with the Texas Municipal League to provide for
Washington representation, questioned the need for this, and inquired about the
reason Corpus Christi is participating with three other cities on this.
City Manager McDowell explained that this representative can provide
information for the City more quickly than it can be obtained through the
National League of Cities or Texas Municipal League. He noted that this City
has participated in this effort for a number of years.
Council Member Mendez expressed the opinion that this City has good
communications with national representatives and he had not seen any positive
results from the payment of this representative.
Mayor Turner inquired about the results if this City does not participate
with the other cities, and Mr. McDowell stated that the other cities may not be
able to continue the representation which has been continuing for two or three
years.
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Council Member Pruet pointed out that Representative
Senator Phil Gramm are easily accessible to everyone in this
have been a need for this representative in the past; but he
the representative is needed at this time. He expressed the
we have such good elected representatives from this area in
have access to information from the National League of
Municipal League, he did not think we should continue this.
Solomon Ortiz and
area; there might
did not think that
opinion that since
Washington and we
Cities and Texas
Council Member Guerrero noted that since this City has an agreement with
San Antonio, Austin, and Houston, he suggested that this City continue the
participation this year and then discontinue the program later.
Council Member Rhodes stated that she felt that a lobbyist is very valuable
but if this City is not benefiting from the representation, they should consider
discontinuing it. She agreed with Council Member Guerrero that since three
other cities are depending on this City's participation this year, that it be
continued for one year and that the other cities be notified that the City of
Corpus Christi does not plan to continue next year.
City Manager McDowell referred to Ordinance No. 7 accepting the Flour Bluff
Wastewater Treatment Plant Improvements and stated that he would like to delete
the portion of this item relating to Urban Engineering.
In regard to Resolution No. 13 which confirms the evaluation and unanimous
support by the City Council of the City Manager, City Manager McDowell stated
that there is no contract with the City Manager but there was a letter offering
employment that set out terms and conditions.
Mayor Pro Tem Moss recalled that during the Council's conversations with
Mr. McDowell, he read excerpts from the letter of understanding and then stated
that he personally was satisfied with the terms.
her.
Council Member Slavik requested a copy of the Resolution which was provided
Mayor Turner called for comments from the audience.
Mr. J. E. O'Brien, 4130 Pompano, inquired if anyone had addressed the issue
as to why the severance was increased from six months to one year and expressed
the opinion that the public should be informed of this.
Mayor Turner explained that the Council had reviewed Mr. McDowell's
performance; they are very pleased with his performance; because of the fact
that no salary increases will be granted this year, the Council felt that it
would be appropriate to extend the severance clause in the City Manager's
agreement. She pointed out that this is typical for this type of position.
Council Member Guerrero expressed the opinion that it is not appropriate to
discuss this in open session and stated that the one—year severance pay is the
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usual thing. He pointed out that this does not cost the taxpayers anything and
the only way it could do so would be if the Council fired the City Manager.
Council Member Guerrero referred again to Ordinance No. 3 and made a motion
that it be clearly understood that this is the last year that the City of Corpus
Christi will participate in funding with the Texas Municipal League and the
three other cities for Washington representation. The motion was seconded by
Council Member Mendez and passed unanimously.
Council Member Rhodes suggested that Mayor Turner inform the other cities
of this decision.
There were no further comments from the audience; City Secretary Chapa
polled the Council for their votes; and the following Ordinances and Resolution
were passed:
3. ORDINANCE NO. 19916
AUTHORIZING THE CONTINUATION OF THE AGREEMENT WITH THE TEXAS MUNICIPAL
LEAGUE PROVIDING FOR WASHINGTON REPRESENTATION IN WASHINGTON; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Berlanga, Guerrero, Mendez, Moss, Rhodes, Slavik voting,
"Aye"; Turner and Pruet, voting "Nay"; Strong absent at the time the vote
was taken.
7. ORDINANCE NO. 19920
ACCEPTING THE FLOUR BLUFF WASTEWATER TREATMENT PLANT IMPROVEMENTS COMPLETED
BY BASIC CONSTRUCTORS, INC.; AUTHORIZING CHANGE ORDER NO. 6 WHICH PROVIDES
FOR A TIME EXTENSION OF 81 DAYS AND A DEDUCTIVE AMOUNT OF $35,365 TO THE
CONTRACT; AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR UPON COMPLETION OF
MINOR PUNCH LIST ITEMS; APPROPRIATING $10,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and
following vote: Turner, Berlanga,
Slavik, voting "Aye"; Strong absent
13. RESOLUTION NO. 19926
the foregoing Resolution passed by the
Guerrero, Mendez, Moss, Pruet, Rhodes,
at the time the vote was taken.
CONFIRMING THE EVALUATION AND UNANIMOUS
MANAGER CRAIG A. McDOWELL.
The foregoing Resolution passed by the
Guerrero, Mendez, Moss, Pruet, Rhodes,
at the time the vote was taken.
SUPPORT BY THE CITY COUNCIL OF CITY
following vote: Turner, Berlanga,
Slavik, voting "Aye"; Strong absent
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Mayor Turner then called for consideration of Ordinances Nos. 15 thru 26,
noting that 15, 16, 21, and 22 will be discussed further.
City Secretary Chapa polled the Council for their votes on Ordinances 17,
18, 19, 20, 23, 24, 25, and 26 and the following ordinances were passed:
17. SECOND 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 second reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
18. SECOND 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 second reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
19. SECOND 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 second reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
20. SECOND 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.
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The foregoing Ordinance passed on its second reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
23. ORDINANCE NO. 19929
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 third reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
24. ORDINANCE NO. 19930
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 third reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
25. ORDINANCE NO. 19931
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 third reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
26. ORDINANCE NO. 19932
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NUECES COUNTY MHMR
FOR THE LEASE OF THE OLD AMERICAN LEGION BUILDING AT 1626 S. BROWNLEE.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Pruet, Rhodes, Slavik, voting
"Aye", Strong absent at the time the vote was taken.
Council Member Rhodes referred to Ordinance No. 15, second reading of an
ordinance to amend the Code to grant the City Manager the authority to grant use
privileges for minor improvements which encroach into public rights-of-way, and
inquired as to what constitutes "minor improvements."
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City Manager McDowell explained that this ordinance will pertain only to
minor encroachments such as building facades, canopies, irrigation systems,
utility systems, and pipelines not having common carrier or franchise status,
subdivision entrance markers, and ornamental lighting.
Council Member Rhodes inquired about the amount of the fees that will be
charged for these encroachments, and further discussion followed.
A motion was made by Council Member Mendez that item 15 be withdrawn for
one week until additional information had been provided the Council, seconded by
Council Member Rhodes, and passed unanimously.
Council Member Mendez referred to Ordinance No. 16 which is the second
reading of the ordinance establishing a work release program for indigents to
satisfy Municipal Court judgements and expressed the opinion that there are a
number things that can be done in the community by these people and he felt that
this is a step in the right direction to allow the City to benefit from their
services in lieu of payment of fines.
Council Member Pruet referred to the second reading of Ordinance No. 21
which amends the Zoning Ordinance in several sections as they pertain to sign
regulations in various zoning districts. He stated that he has received a
number of calls during the preceding week; he voted against this ordinance on
first reading; and noted that a majority of the cities canvassed by staff have
allowances for portable signs with certain restrictions. He expressed the
opinion that the City should not eliminate the use of portable signs because of
the damage that would be done to small businesses. He expressed the opinion
that if there are violations that are occurring, the situation needs to be
corrected rather than eliminating portable signs. He proposed that staff,
owners of sign businesses, and representatives of small business firms meet to
try to work out all of the problems associated with portable signs.
Council Member Rhodes stated that when she served as a member of the
Planning Commission, this issue was addressed a number of times and they
concentrated their efforts on the removal of portable signs on one section of
Everhart Road. She stated that they returned to that street two weeks later and
all of the signs had been replaced by the owners. She expressed the opinion
that the only way to control this is to eliminate portable signs.
Council Member Pruet stated that he has received information as to how the
City of Houston has addressed this problem by requiring fees for the signs,
increasing fines for violations, and establishing an initiative for control by
the sign companies.
Mayor Turner stated that although she realizes that the elimination of
portable signs might present a hardship to some small businesses, she was of the
opinion that it needed to be done to improve the appearance of the City of
Corpus Christi, particularly since emphasis has been placed on attracting
visitors and tourists.
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Council Member Berlanga stated that he is concerned about allowing portable
signs to remain because of the hazard they present during hurricanes. Mr.
Berlanga also pointed out that it is very difficult for the inspectors to
control the proliferation of the signs.
Council Member Slavik inquired if it would be possible to "grandfather
these signs" because of the sign companies, and Mr. Elizondo pointed out that
the recommendation before the Council allows a one-year period before the
portable signs have to be removed which staff feels is a reasonable period of
time.
Council Member Pruet noted that staff had indicated that 75% of the
portable signs are illegally installed and inquired as to how many have received
citations. Mr. Elizondo explained the procedures, stating that staff sends out
one notice and some results are achieved but there are approximately 70
violations each month and these are only discovered on a complaint basis. He
stated that the City has two inspectors to cover the entire City and at this
time he is attempting to assign Neighborhood Improvement Department Inspectors
to also check for signs in addition to their other duties.
Mayor Turner called for comments from the audience.
The following citizens spoke in opposition to the prohibition of portable
signs: Mr. Harold Kronke, owner of small businesses that utilize portable
signs; Mr. Davy Wood, owner of Corpus Christi Bicycle Shop; Mr. Joe Bader, 4001
S. Port, owner of a portable sign business; Mr. Jack Graham, 7005 Ashdown, a
realtor; Mr. Leonard Sanchez, a small businessman and a member of the
Mexican -American Chamber of Commerce; Mrs. Amy Robinson, owner of a small
business; Mr. Jeff Klaus, the owner of a small business; Mrs. Yolanda Gonzales,
owner of a children's shop at Five Points; and Mr. John Rosse, owner of a sign
company.
** Council Member Linda Strong arrived at the meeting at 8:10 p.m.
Mr. Dale Rath, also the owner of a small business, disagreed with some of
the speakers and expressed the opinion that the proliferation of portable signs
is detracting from the beauty of this City. He expressed the opinion that there
is no viable alternative to the elimination of the portable signs since it is
almost impossible to control their installation. He urged that the ordinance be
approved as it is written.
Others speaking in opposition to the prohibition of portable signs were Mr.
Gene Vetters, who stated that portable signs provided the best exposure for his
business; Mr. Calvin Floyd, who urged that more inspectors be employed to
enforce the sign regulations; Mr. Lorenzo Garza, who urged the continued
allowance for portable signs because of their benefit to small businesses and
the fact that they are no more dangerous than any other objects during
hurricanes; Mr. Sonny Ewing, a small businessman.
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Council Member Pruet expressed concern about the impact that the
elimination of portable signs would have on businesses.
A motion was made by Council Member Pruet that Ordinance No. 21 be
withdrawn at this time to allow time for Mr. Elizondo to study the matter and
recommend other actions to control the use of portable signs rather than
eliminating the portable signs. The motion was seconded by Mayor Pro Tem Moss.
Council Member Rhodes stated that the only way this City can improve the
economy is by increasing the tourist business and she was of the opinion that if
the tourist business is increased, every small business would benefit. She
pointed out that most of the businesses utilizing portable signs are doing so in
order to compete with other businesses. She explained that if businesses have a
portable sign, there is a method by which they can change that sign to a legal
sign with very little expense. She urged that the Council approve the ordinance
that includes the prohibition of portable signs.
Council Member Guerrero stated that he agreed with Council Member Rhodes.
He reminded the Council that staff has been studying this subject for years;
their decision has been made; and he objected to the tendency of the Council
Members to change their minds every time people speak in opposition to some
subject. He also stated that there are many cities that do not allow the use of
portable signs. He urged that this ordinance be adopted as it is now written.
Council Member Mendez indicated that he would like to explain to the people
in the audience how the problems had arisen and inform them that an estimated
75% of the portable signs in the City are illegal; the owners are given a
citation; they have ten days in which to remove their signs; they do so for a
short time and then they install the signs again. He stated that if staff can
come back to the Council with a workable solution to the illegal signs, then the
Council would be willing to amend the ordinance, but if they do not, then he
felt that signs should be eliminated.
Mr. Elizondo stated that staff would try to work on a solution if the
Council wants to retain the portable signs by increasing fees and fines for
violations but noted that is still very difficult to control the use of portable
signs.
Council Member Slavik inquired about the length of time the staff has been
considering the problem of portable signs, and Mr. Elizondo replied about two
years. Mrs. Slavik then inquired if it might be possible to allow the use of
portable signs for a short period of time such as approximately 5 - 7 days. Mr.
Elizondo stated that he did not think it would be feasible for the staff to
regulate temporary use of signs and it would be impossible to enforce such a
policy.
Council Member Eerlanga expressed the opinion that the only way to
eliminate the problem is to eliminate the signs.
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Regular Council Meeting
August 18, 1987
Page 14
Council Member Strong inquired about the number of portable signs in the
City, and Mr. Elizondo stated that he had no idea. In response to another
question from Mrs. Strong, Mr. Elizondo stated that the City has eight
inspectors to control the use of signs but they also have many other inspection
duties.
Council Member Strong stated that if the City did consider a requirement
for licensing she questioned if the City would have enough personnel and
inspectors to handle that. She stated that there seems to be a great
proliferation of signs of businesses that are in competition. She suggested
that the ordinance be passed on second reading and that the third reading be
delayed until further study had been completed by the staff.
Mayor Pro Tem Moss stated that he would like to withdraw his second to the
motion to withdraw the second reading if the third reading of the ordinance
could be delayed.
Council Member Mendez then offered a friendly amendment to the motion made
by Council Member Pruet that the second reading be considered at this time and
that the third reading be delayed for further study by the staff.
Council Member Pruet and Mayor Pro Tem Moss indicated that they would
accept that friendly amendment to the motion.
Council Member Guerrero pointed out that staff has already informed the
Council that they were of the opinion that the portable signs should be
prohibited; the Council needs to decide if they want to allow the portable signs
or not; if this is sent back to the staff, the Council is asking the staff to
come up with a reason for the Council to change their minds and allow the
portable signs. Council Member Rhodes indicated that she agreed.
Mayor Turner called for the motion to delay the third reading of the
ordinance and it passed by the following vote: Moss, Mendez, Pruet, Slavik, and
Strong, voting "Aye"; Turner, Berlanga, Guerrero, and Rhodes, voting "No".
City Secretary Chapa interjected at this point that motion No. 2 which sets
the public hearing for the proposed annexations needs to be clarified. He
inquired of the Council if the motion was to accept the staff's recommendation
to delete the recommended portions from the annexation proposal and set the
first public hearing on September 2 to be conducted by the Planning Commission
with the second public hearing to be conducted before the City Council on
September 8.
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Regular Council Meeting
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Page 15
The Council Members indicated that that was their intent.
City Secretary Chapa polled the Council for their votes and the following
Ordinances were passed:
16. SECOND 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 second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Strong, and
Slavik, voting "Aye".
21. SECOND 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 second reading by the following vote:
Turner, Berlanga, Guerrero, Mendez, Moss, Rhodes, Slavik, Strong, voting
"Aye"; Pruet voting "No."
22. SECOND 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 second reading by the following vote:
Turner, Moss, Berlanga, Guerrero, Mendez, Pruet, Rhodes, Strong, and
Slavik, voting "Aye".
* * * * * * * * * * * * * * *
Mayor called for consideration of the following action by motion from the
regular agenda:
27. Motion M87-0294 (As Amended)
Consideration and adoption of the Bond Program Task Force Committee report
as presented August 11, 1987, to sell $8,000,000 in bonds in Fiscal Year
1987-88 and increase tax rate by 1.5c.
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Regular Council Meeting
August 18, 1987
Page 16
City Manager McDowell pointed out to the Council that staff had provided
them with a list of the categories of projects that are proposed to be included
in the $8 Million bond sale for the fiscal year, and Council Member Mendez
stated that his committee will have definite projects to recommend in September.
City Manager McDowell stated that the Council also needs to consider
selling a portion of the funds for the library books in the amount of $250,000.
Mayor Turner inquired if basically the staff is just recommending the sale
of bonds to fund the engineering for several projects, and Mr. McDowell stated
that there are several projects to which the Council is already committed and
bonds must be sold for those projects.
Council Member Mendez stated that he felt it is important for the Council
to remember that they had originally contemplated selling $21 Million in bonds
this fiscal year; and this figure has been reduced to $8 Million because of the
economic circumstances that exist at this time, and the committee was of the
opinion that bonds should be sold for the engineering portion of projects so
that the actual projects can be moved forward as quickly as possible when all of
the bonds are sold at a later date.
Council Member Guerrero agreed that the Council should have a list of the
specific projects before they make a decision but that the Council needs to
decide at this time whether or not they plan to sell the $8 Million in bonds,
and City Manager McDowell stated that was correct because the staff needs to
know if it is necessary to increase the taxes to sell bonds because the
effective tax rate has to be determined.
Mayor Pro Tem Moss pointed out that the City Council adopted the operating
budget without a tax increase and explained that tax dollars are the product of
rate times assessed value and the assessed value has been decreased by 5%. He
pointed out that if the Council raises the tax rate 1.50, that is 2 2/3% which
results in 2I% lower taxes.
Council Member Slavik pointed out that when the bond program was presented
to the City Council the preceding year, her specific question to Juan Garza was
what would happen if the City's income was reduced and Mr. Juan Garza's response
was that the program could be spread over a longer period of time. She pointed
out that the City already has $41 Million in bond funds to spend and she is
opposed to selling any bonds except the $2.8 Million for the Aquarium. She
stated that she would support a zC increase in taxes. She stated that she would
like to urge that the City accelerate the expenditure of the $41 Million in
bonds that have already been sold.
Council Member Mendez pointed out that the bond program was established
with the intention to stagger it depending upon how the indebtedness could be
paid. He stated that he would like for Council Member Slavik to state which
projects she would like to eliminate and pointed out that there are needed
street improvements included in the proposed bond sale.
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Regular Council Meeting
August 18, 1987
Page 17
Council Member Slavik replied that the staff already has $41 Million to
spend and she did not intend to select which streets would be eliminated.
Mr. Mendez then pointed out that it was actually $32 Million that the City
hoped to spend to provide jobs and improve the economy. Mr. Mendez continued by
stating that if the City does not move forward with street improvements, the
State funding will not be provided.
Council Member Pruet agreed and reminded everyone that the people voted to
approve the bonds and he felt that the City Council is committed to going ahead
with the projects, particularly those that have matching funding.
Mayor Turner called for comments from the audience.
Mr. George Polinard, 4701 Andover, expressed the opinion that the middle
income citizens have the burden of paying taxes. He expressed the opinion that
the State, which is also in a poor economic situation, would be glad to delay
some of those matching funds. He objected to the constant tax increases.
Mrs. Pat Suter, 1002 Chamberlain, expressed opposition to the bond sale
because the City cannot afford the bonded indebtedness and she is opposed to an
increase in taxes to sell bonds.
Mr. J. E. O'Brien, 4130 Pompano, referred to a statement made by a member
of the Bond Committee in which he stated that he did not favor a tax increase
but he did favor the bond sale. He pointed out that voters were informed that
if valuations did not increase, the bond program could be extended over a longer
period of time. He questioned the figure of 1.50 tax increase for $8 Million in
bonds, questioned the need to sell more bonds and questioned the ability of the
City staff to spend $32 Million in one year. He also stated that on September
4, 1984, the City transferred money from debt service and suggested that this
money be transferred back into debt service.
City Attorney Hal George stated that Mr. J. E. O'Brien had filed a lawsuit
against the City in 1984 and three different courts had ruled that the City was
correct in their accounting procedures during that time.
Council Member Slavik asked for an explanation as to how the effective tax
rate will be affected by the 1.50 tax increase, and Mr. McDowell explained that
if the Council approves the sale of bonds, the effective tax rate will be
calculated to include the 1.5Q increase.
A motion was made by Council Member Strong that the City Council approve
the Bond Program Task Force Committee report and their recommendation that $8
Million in bonds be sold with a 1.50 tax increase. The motion was seconded by
Council Member Guerrero and passed by the following votes: Turner, Moss,
Berlanga, Guerrero, Mendez, Pruet, Rhodes, and Strong, voting "Aye"; Slavik
voting "No."
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Regular Council Meeting
August 18, 1987
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Council Member Strong noted that she had been absent from the meeting the
preceding week but she would like to make it very clear that she supports the
assessment of the City Manager and the City Secretary that the other Council
Members considered at that time.
Mr. Medina reminded the Council that the State Department of Highways and
Public Transportation will have a meeting on August 31 in Austin at 10:00 a.m.
to discuss the PASS Program, and Mayor Turner requested a staff briefing on this
program prior to that time. The City Manager indicated that it would be on the
agenda on August 25.
Council Member Rhodes requested that the following items be scheduled: the
appeal of the decision of Civil Service Board on Juan T. Martinez and the City
Council Travel Policy.
Staff indicated that both of those items will be on the agenda next week.
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. George Polinard referred to the parking problem on the People's Street
T -Head and objected to the elimination of the boat tax for people who own large
boats and can afford them. He stated that his boat is his livelihood; he pays
taxes on his boat; and he objected to the change in parking procedures which is
inconvenient for the commercial boat owners. He suggested that boat owners be
given a windshield seal to allow them to park near their boats.
Mr. Jerry Armstrong, 204 Carmel, Portland, Texas, complimented the people
in the Marina who work very hard but objected to the new parking arrangement on
the T -Head because of the danger of walking a long distance to the parking lot.
Mrs. Geraldine Fox, President of the Northwest Business Association,
expressed appreciation to the Council and staff for conducting the meeting in
that area.
Mr. Jesse Smith, 122 Riverdale Drive, spoke on behalf of VFW Post 2397 and
provided extensive information in regard to their charitable work. He asked
that the Council reconsider the ordinance on their zoning application the
preceding week and specifically suggested that either Council Member Guerrero or
Council Member Rhodes make a motion for reconsideration of the ordinance.
Council Member Guerrero stated that he needs to address the real issue
which has nothing to do with the operation of VFW because the issue is the
proposed change of zoning that would allow the serving of alcoholic beverages in
a residential neighborhood and he would not change his vote.
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Regular Council Meeting
August 18, 1987
Page 19
Council Member Rhodes stated that she had studied this zoning application
very carefully but she did not feel that she could change her vote or propose a
motion for reconsideration.
Mr. Calvin Floyd objected to the condition of Ennis Joslin Road which is
not being repaired by City forces. He also objected to the purchase of police
cars when some of those in existence are in good condition. He suggested that
the City inspectors be allowed to use the vehicles being replaced.
Mr. Medina explained the situation in regard to Ennis Joslin and stated
that the relocation was done by City forces; it was constructed as quickly as
possible and not in accordance with the standards for a major street, and that
is the reason that City forces are repairing the street.
Mrs. Denise Polinard objected to the remarks made previously by Council
Members Guerrero and Berlanga that the Council is wasting time on an issue that
needs to be completed. She pointed out that the City is composed of the people
and alleged that citizens speaking in regard to an issue have no effect on the
way the Council votes.
Mr. Polinard stated that he will attend the Council meeting next week when
the parking at the People's Street T -Head is considered, and Council Member
Mendez explained that the Council has asked the staff to provide them with a
report and he would see that Mr. Polinard was provided a copy also.
Mr. McDowell explained that that item will not be on the agenda the next
week because it was a decision made by the Marina Superintendent and his staff
to provide better traffic circulation on the T -Head.
Council Member Slavik stated that she would like to have this on the agenda
for discussion, and Mayor Turner suggested that it be on the agenda in two
weeks.
Mr. Bob Bruner, Marina Superintendent, explained the reason for the changes
on the People's Street T -Head. He stated that there are 37 shrimp and 5 party
boats that are docked there; 19 boat owners have licenses to sell their "catch
of the day" and this activity has created a double parking situation which slows
down traffic for people who want to buy shrimp. He explained that those
shrimpers are business men and staff hopes that the twenty -minute parking
limitation will allow people to purchase tickets to party boats, purchase
shrimp, etc.
A motion was made by Council Member Mendez that the Council convene in
closed session at 10:10 p.m. under the authority of 6252-17 V.A.C.S. The
motion was seconded by Council Member Pruet and passed unanimously.
Mayor Turner reconvened the Council Meeting at 10:24 p.m.
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Regular Council Meeting
August 18, 1987
Page 20
A motion was made by Council Member Mendez that the following motion be
approved, seconded by Council Member Pruet and passed unanimously:
M87-0295
To bring forward an ordinance to amend the Classification and Compensation
Plan of the City so as to authorize the City Manager as part of an early
retirement program to increase the payment of accrued sick leave from 90
working days to a retirement program, the payment of accrued sick leave
will revert to an amount not to exceed 90 working days.
There being no further business to come before the Council, on motion by
Council Member Slavik, seconded by Mayor Pro Tem Moss, and passed unanimously,
the Regular Council Meeting was adjourned at 10:25 p.m.
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
18, 1987, which were approved by the City Council on August 25, 1987.
WITNESSETH MY HAND AND SEAL, this the 1 AY day of Q OttPeULA , / Gb 7
Armando Chapa, City Secretary
City of Corpus Christi
B tty Turnek, MAYOR