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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 inutes Regular Council Meeting August 18, 1987 Page 2 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 inutes Regular Council Meeting August 18, 1987 Page 3 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 inutes Regular Council Meeting August 18, 1987 Page 4 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. inutes Regular Council Meeting August 18, 1987 Page 5 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. inutes Regular Council Meeting August 18, 1987 Page 6 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. inutes Regular Council Meeting August 18, 1987 Page 7 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 inutes Regular Council Meeting August 18, 1987 Page 8 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 inutes Regular Council Meeting August 18, 1987 Page 9 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. inutes Regular Council Meeting August 18, 1987 Page 10 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." mutes Regular Council Meeting August 18, 1987 Page 11 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. inutes Regular Council Meeting August 18, 1987 Page 12 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. inu to s Regular Council Meeting August 18, 1987 Page 13 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. linutes 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. Iinutes Regular Council Meeting August 18, 1987 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. [inutes 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. linutes 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." Iinutes' Regular Council Meeting August 18, 1987 Page 18 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. [inutes' 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. tinutes ' 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