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HomeMy WebLinkAboutMinutes City Council - 09/20/1988PRESENT Mayor Betty Turner Mayor Pro Tem Linda Strong Council Members: Leo Guerrero Bill Pruet Mary Rhodes Mary Pat Slavik Frank Schwing Absent David Berlanga, Sr. Clif Moss MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 20, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Guerrero following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Schwing. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner acknowledged Fire Chief Juan J. Adame and R. E. Coleman, Director of EMS, and presented them with a Proclamation designating September 18 - 24, 1988 as "Emergency Medical Services Week." Mayor Turner acknowledged Ms. Christine Cotton, a representative of the Daughters of the American Revolution, and presented her with a Proclamation proclaiming September 17 - September 23 as "Constitution Week." City Manager Garza recognized various City employees who staffed the Emergency Operations Center during the recent Hurricane Gilbert and expressed appreciation to the news media and Southwestern Bell. Mayor Turner praised City Manager Garza on an outstanding job during Hurricane Gilbert. MICROFILMED T Minutes Regular Council Meeting September 20, 1988 Page 2 Mayor Turner called for approval of the Minutes of the Regular Council Meeting of September 6, 1988, and there being no additions or corrections, she proclaimed them approved as written. Mayor Turner administered the Oaths of Office to the following Board & Committee appointees: Mary Whitmire - Landmark Commission; Susan Taft - Park and Recreation Advisory Committee; Ro Wickham - Planning Commission. Council Member Pruet gave a presentation from the Mayor's Task Force on their recommendation of the Corpus Christi Area Convention and Visitors' Bureau regarding Board size and composition. Mr. Pruet explained the charge of the Task Force, noting that they have devoted a substantial amount of time reviewing proposed structure, funding and governance, indicating that the proposed recommendation to the Council is regarding governance. Council Member Pruet noted that it is the Task Force's recommendation that the existing 31 -member board be replaced by a 15 -member Board of Directors representing the hospitality industry and the community in general. Mr. Pruet indicated that all positions on the Board would be for three-year staggered terms, with the initial establishment calling for four one-year terms and four two-year terms and five three-year terms. He stated that initially, all appointments would be nominated by the existing Convention and Visitors Bureau Board of Directors in consultation with local industry associations; and in subsequent years, the governing body will propose nominations to the City Council for approval. He stated that both the Mayor and City Manager would function as full members of the Board of Directors. The Council discussed the recommendation of the Task Force and various Council Members expressed concern that the Council should have control as to who is on the Board, indicating that the Task Force recommendation circumvented the Council's mandate in July that all board members be appointed by the Council. A motion was made by Council Member Schwing that the Task Force recommendation be accepted with the exception that appointments would be recommended by the Convention and Visitors Bureau Board of Directors in consultation with the local industry associations; both the Mayor and City Manager would function as full members of the Board of Directors; the City Council will have authority for all appointments and will not be restricted to select from the recommendations submitted by the Convention and Visitors Bureau Board of Directors. The motion was seconded by Council Member Guerrero. Discussion followed and the motion passed unanimously; Berlanga and Moss absent. Mayor Turner referred to the Board & Committee appointments and the following appointments were made by the Council: Intergovernmental Commission on Drug & Alcohol Abuse Landmark Commission Jean Newberry - Reappointed Marsha Cobb if T Lutes _.cgular Council Meeting September 20, 1988 Page 3 Park and Recreation Advisory Committee Duke Bonilla Kennedy Causeway Advisory Committee Cathy Harrison Planning Commission Thomas Shirley * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings. There were no questions from the audience on the aforementioned items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M88-0204 Motion awarding a contract in the amount of $87,660 to Insituform Gulf South, Inc. for the rehabilitation of approximately 720 linear feet of 24 inch diameter sanitary sewer line along Horne Road from Greengrove Street To Winters Street. The foregoing motion passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 2. M88-0205 Motion accepting the McArdle Road Improvements from Ayers Street to Carroll Lane; granting a 51 -day time extension; and authorizing final payment of $133,396.82 to Haas Paving Co., Inc. The foregoing motion passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 3. RESOLUTION NO. 20450 AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES CONTRACT WITH THE JOINT VENTURE OF MUNROE AND BASS, INC., ASSOCIATED ENGINEERS AND SURVEYORS, AND WELSH ENGINEERING FOR DESIGN OF VARIOUS STREET, DRAINAGE, WATER AND WASTEWATER IMPROVEMENTS TO WALDRON ROAD FROM NEAR COMPTON ROAD TO PURDUE ROAD FOR A TOTAL FEE NOT TO EXCEED $341,000. The foregoing Resolution passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. T Minutes Regular Council Meeting September 20, 1988 Page 4 4. RESOLUTION N0. 20451 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CIMARRON VENTURE I, A TEXAS GENERAL PARTNERSHIP, TIM CLOWER, R. C. ALLEN, JANE PONTON, HOMESTEAD SAVINGS & LOAN ASSOCIATION, AND MAVERICK MARKETS, INC. FOR THE DEDICATION OF RIGHT-OF-WAY AND CONSTRUCTION OF THE AIRLINE ROAD/CIMARRON BOULEVARD INTERSECTION AS PROVIDED IN THE URBAN TRANSPORTATION PLAN. The foregoing Resolution passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 5. RESOLUTION NO. 20452 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 15 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT. The foregoing Resolution passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 6. RESOLUTION NO. 20453 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES ELECTRIC COOPERATIVE, INC. PROVIDING FOR THE RELOCATION AND ADJUSTMENT OF ELECTRICAL DISTRIBUTION LINES TO CLEAR PROPOSED STREET CONSTRUCTION ON SOUTH STAPLES STREET FROM SARATOGA BOULEVARD TO OSO CREEK. The foregoing Resolution passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 7. RESOLUTION NO. 20454 AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S SHARE OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS FOR THE PLANNED STATE HIGHWAY 44 EXPRESSWAY LIGHTING SYSTEM FROM THE INTERCHANGE AT NO. PADRE ISLAND DRIVE TO APPROXIMATELY 1.0 MILE EAST OF CLARKWOOD ROAD; APPROPRIATING $190,000. The foregoing Resolution passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 7a. RESOLUTION NO. 20455 ACCEPTING A GRANT IN THE AMOUNT OF $1,050,000 FROM THE FEDERAL AVIATION ADMINISTRATION FOR REHABILITATING THE RUNWAY 13-31 TAXIWAY SYSTEM (PAVING AND LIGHTING) AND RUNWAY 13-31 HIGH INTENSITY RUNWAY LIGHTING SYSTEM TO SUPPLEMENT A PREVIOUS FAA GRANT OF $1,749,964, FOR A TOTAL OF $2,799,964, REPRESENTING 90 PERCENT OF PROJECT COSTS; AUTHORIZING THE EXECUTION OF A CONTRACT WITH BAY, INC. FOR PAVING IMPROVEMENTS AND HALLMARK ELECTRICAL CONTRACTORS, INC. FOR LIGHTING IMPROVEMENTS IN THE AMOUNTS OF $1,899,337.25 r nutes Kegular Council Meeting September 20, 1988 Page 5 AND $637,191, RESPECTIVELY, SUBJECT TO FAA APPROVAL; AUTHORIZING TRINITY ENGINEERING TESTING CORPORATION TO PROVIDE TESTING SERVICES AT A COST NOT TO EXCEED $30,000, SUBJECT TO FAA APPROVAL; APPROVING AMENDMENT NO. 4 TO THE ENGINEERING SERVICES CONTRACT WITH W. P. WILLS, CONSULTING ENGINEERS, TO PROVIDE CONTINUOUS RESIDENT INSPECTION DURING CONSTRUCTION AND DESIGN SERVICES FOR RELOCATING THE ELECTRICAL VAULT AND EMERGENCY GENERATOR FOR A TOTAL FEE NOT TO EXCEED $136,500, SUBJECT TO FAA APPROVAL; AND APPROPRIATING $266,480.50. The foregoing Resolution passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 8. ORDINANCE NO. 20456 AMENDING ORDINANCE NO. 19845 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR CERTAIN STREET IMPROVEMENTS ON McARDLE ROAD AND KOSTORYZ ROAD; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 9. ORDINANCE NO. 20457 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Allen School Area, Phase I - 1. Prescott Street, from Seventeenth Street to Morgan Avenue, 2. Elizabeth Street, from Seventeenth Street to Brownlee Boulevard, 3. McKenzie Street, from Eighteenth Street to Brownlee Boulevard, and 4. Fourteenth Street, from Ayers Street to Morgan Avenue; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 10. ORDINANCE NO. 20458 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Allen School Area, Phase I - 1. Prescott Street, from Seventeenth Street to Morgan Avenue, 2. Elizabeth Street, from Seventeenth Street to Brownlee Boulevard, 3. McKenzie Street, from Eighteenth Street to Brownlee Boulevard, and 4. Fourteenth Street, from Ayers Street to Morgan Avenue; 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 DURING A MEETING OF THE CITY COUNCIL ON OCTOBER 18, 1988, IN THE COUNCIL CHAMBERS, CITY Minutes Regular Council Meeting September 20, 1988 Page 6 HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND EMERGENCY. An emergency was declared and the foregoing Ordinance was following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and "aye"; Berlanga and Moss absent; Strong absent at the time taken. DECLARING AN passed by the Slavik voting the vote was 11. FIRST READING AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-1, PROCEDURE FOR NAMING, RENAMING OR CHANGING NAMES OF STREETS, PARAGRAPH 5, DELETING THE REQUIREMENT THAT THE CITY COUNCIL SET THE DATE FOR REQUIRED PUBLIC HEARING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 12. FIRST READING AMENDING THE CITY CODE, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE V, OUTDOOR MUSIC FESTIVALS, SECTION 33-93, HEARING, SUBSECTION (A), DELETING THE REQUIREMENT THAT THE CITY COUNCIL SET A DATE AND TIME FOR A HEARING ON APPLICATIONS FOR PERMITS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 13. SECOND READING CHANGING THE NAME OF THE 800 BLOCK OF WOODLAWN DRIVE TO CLEOPATRA DRIVE. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 14. ORDINANCE NO. 20459 CHANGING THE NAME OF HILLTOP ROAD TO CLIFF CRENSHAW STREET. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. .lutes tcegular Council Meeting September 20, 1988 Page 7 15. ORDINANCE NO. 20460 AMENDING SECTION 19-33 OF THE CODE OF ORDINANCES TO ESTABLISH INCREASED FEES FOR HEALTH PERMITS FOR FOOD SERVICE ESTABLISHMENTS HAVING MORE THAN TWENTY-FIVE EMPLOYEES. The foregoing Ordinance was passed on third reading by the following vote: Turner, Pruet, Rhodes, Schwing and Slavik voting "aye"; Guerrero voting, "No"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 16. ORDINANCE NO. 20461 AMENDING SUBSECTION (J) OF SECTION 6-100F THE CODE OF ORDINANCES RELATING TO REDUCED LICENSE FEES DURING PET HEALTH CAMPAIGNS. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 17. ORDINANCE NO. 20462 AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, BY ADDING A NEW SECTION 53-106 TO ESTABLISH PROCEDURES AND REQUIREMENTS RELATING TO OVERSIZED VEHICLES UTILIZING CITY STREETS; REQUIRING A PERMIT; ESTABLISHING AN APPLICATION FEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 18. ORDINANCE NO. 20463 AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREETS AND SIDEWALKS, SECTIONS 49-15 AND 49-16, TO INCREASE THE PERMIT APPLICATION FEES FOR TEMPORARY STREET CLOSURES AND TO ADD A NEW CLASSIFICATION FOR NEIGHBORHOOD EVENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. 19. ORDINANCE NO. 20464 AMENDING THE MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS, ADOPTED BY SECTION 49-40 OF THE CITY CODE OF ORDINANCES, INCREASING THE DRIVEWAY PERMIT APPLICATION FEE TO $25; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. T Minutes Regular Council Meeting September 20, 1988 Page 8 20. ORDINANCE NO. 20465 AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-195, SUBSECTION (1) TO INCREASE THE PERMIT FEE/SERVICE CHARGE FOR OCCUPYING PUBLIC RIGHT-OF-WAY DURING CONSTRUCTION OR REPAIR OF BUILDINGS TO $80 FOR USE OF PARKING LANES AND LOADING ZONES AND $90 FOR USE OF TRAFFIC LANES, SIDEWALKS AND ALLEYS; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting "aye"; Berlanga and Moss absent; Strong absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Turner called for consideration of No. 21 pertaining to the proposed Southside Wastewater Treatment Plant Site Selection Study. In reference to a question from Council Member Pruet regarding population projections, City Manager Garza read a portion of a memo from Brandol Harvey, Director of Planning, which analyzes the population projection made in the Southside Selection Study Report, indicating that historically, the City's policy has been to provide services for manageable service areas rather than investing in infrastructure that may or may not be used in the near future. Mr. Garza stated that based on documented growth trends, the infrastructure that is already in place and without any evidence that trends will change, staff feels that a wastewater plant site located north of Oso Creek is desirable, noting that such a location will help accommodate growth logically and in a way that will help to maximize the existing public investment in infrastructure. Mr. Garza continued by stating that locating the facility as proposed will not stop future growth south of the Oso nor is it intended to, noting that its installation at this location at this time is in keeping with encouraging a logical growth pattern that allows the City to do a more cost effective job of expanding City services and the transportation system commensurate with the growth of the City. Mr. James K. Lontos, a representative of Peterson Development, expressed the opinion that it would be a mistake to locate a wastewater plant in the middle of the City's fastest-growing area and requested that the Council delay approving the site on the north shore of the Oso Creek until other sites have been studied more thoroughly. Mr. John S. Talbot, a representative of the Pharaoh Valley Neighborhood Association, offered some background information on the wastewater plant, noting that the citizens have voted the bonds and the Council approved the site. Mr. Talbot stated it is time to move ahead to acquire the property and design the plant. nutes .gular Council Meeting September 20, 1988 Page 9 Mr. Robert Patterson, a citizen who resides adjacent to the proposed site, stated that he is in favor of a new plant in the future, but not at the proposed site no. 2. He requested the Council to consider the Barney Davis site. An unidentified man inquired about the location of the proposed site, and Assistant City Manager Jesus Garza located the area on the map for the gentleman. Dr. Miriam Wagenschein, 6810 Sahara, noted that there is a great deal of misunderstanding about wastewater plants. She requested the Council to purchase the land and build a first rate wastewater plant as expeditiously as possible. Mr. Creed Coffey, 701 Gregory, a representative of the Golf Association, noted that the Association supports the site as recommended by the consultants. Mr. Bill Brown, 4745 Ocean Drive, a representative of Peterson Development Company, stated that the Council should not be pressured to accept the consultant's report because it is paid for, noting that he is in opposition of the proposed site. Mr. Brown indicated that the City would save money if the plant were located by the Barney Davis Plant. Council Member Guerrero expressed the opinion that to accept the Site Selection Report is to accept the fact that the Oso will be increased by thirty percent and he does not agree with increasing the capacity to thirty percent. Mayor Pro Tem Strong stated that the Council should remember that the City is committed to building a quality plant, noting that it is time for the City to move forward and build the infrastructure which is needed by the community. Council Member Pruet noted that the City needs to purchase the land and build the site but expressed the opinion that the proposed site is the wrong place for the plant, indicating that the City will be putting a sewer plant in a growth corridor which will ensure the same problems which have faced the Pharaoh Valley Neighborhood Association. Mr. Pruet noted that he is against locating the plant on the north side of Oso Creek because there will be more growth on the south side of the creek in the next 20 to 30 years. Council Member Rhodes noted that the City has to have a plant but cannot afford a new plant, indicating that what the City can do is increase the Oso plant now, get on with the design and buy the land. Council Member Slavik expressed the opinion that present wastewater plants which are available now are far superior, noting that the City has to be sure that a quality plant is built. Mrs. Slavik stated that the proposed site is the best site and the City can build a quality plant which will not affect land values. 1 r Minutes Regular Council Meeting September 20, 1988 Page 10 Mayor Turner noted that the City needs to move forward as quickly as possible with building a new plant which will relieve the load on the Oso plant and serve the new growth on the City's southside. City Secretary Chapa polled the Council for their votes and the following was passed: 21. ORDINANCE NO. 20466 ACCEPTING THE SITE SELECTION STUDY REPORT FOR THE PROPOSED SOUTHSIDE WASTEWATER TREATMENT PLANT AS PREPARED BY BROWN AND CALDWELL-FREESE AND NICHOLS, INC., AND AMENDING THE WASTEWATER MASTER PLAN TO ADOPT THE RECOMMENDED SITE. The foregoing Ordinance was passed on third reading by the following vote: Turner, Strong, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and Pruet voting, "No"; Berlanga and Moss absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the closure and abandonment of a public parking area included on the plat of Lots 1 through 15, Block 4, Belmont Park Addition, located on Ayers Street, between Tarlton Street and Arlington Drive. There were no comments from the Council or the audience. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Pruet and passed unanimously by those present and voting. In answer to a question from Council Member Slavik, Assistant Director of Engineering Services, Carl Crull, briefly provided background information in reference to the parking area. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 22. ORDINANCE NO. 20467 CLOSING AND ABANDONING THE "PUBLIC PARKING AREA" ADJACENT TO AND SHOWN BY PLAT OF LOTS 1 THROUGH 15, BLOCK 4, BELMONT PARK ADDITION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Berlanga and Moss absent. _nutes Regular Council Meeting September 20, 1988 Page 11 * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 23. Application No. 888-1, Mr. Oscar Garza, Jr. For a change of zoning from "B-1" Neighborhood Business District and "R-18" One -family Dwelling District to "B-4" General Business District on Lot 4, Block 1, Centerview Addition, located on the north side of Sonora Street between Greenwood Drive and Elgin Street. Mayor Turner noted that the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant "B-1" Neighborhood Business District on the entire tract with a special permit for an auto sales lot on a 70' x 140' portion of the property. Mayor Turner inquired if the recommendation was acceptable to the applicant, and he replied in the affirmative. There were no objections from the audience. A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Guerrero and passed unanimously by those present and voting; Strong absent at the time the vote was taken; Berlanga and Slavik absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20467 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OSCAR GARZA, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 4, BLOCK 1, CENTERVIEW ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL COUNCIL PERMIT ON A PORTION OF THE PROPERTY FOR AUTO SALES; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Guerrero, Pruet, Rhodes and Schwing voting, "Aye"; Strong and Slavik absent at the time the vote was taken; Berlanga and Moss absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 24. Application No. 88-3, Harley Moody, D.V.M. - For a change of zoning from 11 1 Minutes Regular Council Meeting September 20, 1988 Page 12 "B-1" Neighborhood Business District with a "SP" Special Permit to "B-4" General Business District on the Southwest 1}' of Lot 20 and all of Lots 21, 22, 23, and 24, Block 5, Tracy Addition. Mayor Turner noted that the planning Commission and Planning Staff recommend approval of this zoning application. Mr. Cruz Espinosa, a resident who lives three houses away from the applicant, spoke in opposition to the recommendation for safety reasons, property devaluation and traffic congestion. Mr. Tony Espinosa, 2617 Riggan, speaking for his mother and himself, noted that they are in opposition to the recommendation because of traffic congestion. Alice Terrell, a planner, offered background information on the application, located the area on the zoning and land use map, described the land use in the vicinity and showed slides of the area. Dr. Harley Moody, the applicant, briefly offered an explanation for the additional signage. Brandol Harvey, Planning Director, explained the recommendation for "B-4", noting that when Special Permits were approved in the past, the City Council had not adopted the policy statements which recommended that businesses be located at intersections of arterial streets. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting; Strong absent at the time the vote was taken; Berlanga and Moss absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed by the following vote: ORDINANCE NO. 20468 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HARLEY MOODY, D.V.M. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 20 AND ALL OF LOTS 21, 22, 23, AND 24, BLOCK 5, TRACY ADDITION, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Berlanga and Moss absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning ordinance: Amendment to the Zoning Ordinance: Amend Article 3, Definitions, lutes _gular Council Meeting September 20, 1988 Page 13 Subsection 3-1.56.1 (6), by rewording the definition of Sign, Freestanding, Portable Sign. Mayor Turner noted that the recommendation of the Planning Commission and Planning Staff is approval to read as follows: "3-1.56.1 Sign, Freestanding - (6) Portable Sign. Any sign designed, constructed or installed to be easily moved from one location to another or reused. This definition includes, but is not limited to, A -frame signs and signs mounted or designed to be mounted upon a trailer, wheeled carriage or other nonmotorized mobile structure, with or without wheels." There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20470 AMENDING THE ZONING ORDINANCE, ARTICLE 3, DEFINITIONS, BY DELETING SUBSECTION 3-1.56.1 (6) IN ITS ENTIRETY AND ADOPTING A NEW SUBSECTION 3-1.56.1 (6); AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Strong, Guerrero, Rhodes, Slavik voting "Aye"; Pruet and Schwing voting "No"; Berlanga and Moss absent. (Note: This ordinance failed previously by a vote of 4 in favor and 2 against; later when Mayor Pro Tem Strong returned to the Council Chamber she requested permission to vote and permission was granted by the Chair.) Mayor Turner encouraged the Council Members who voted against this ordinance to submit recommendations as to how to better define the definition of portable sign. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 26. Amendment to the Zoning Ordinance: Amend Article 25, Special Permit Regulations, by adopting a new Section 25-2 regarding portable signs. Mayor Turner noted that the recommendation of the Planning Commission and Planning Staff is approval to read as follows: "SECTION 25-2. A special permit shall not be issued to allow the placement of portable signs where prohibited by the Zoning Ordinance." There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: T Minutes Regular Council Meeting September 20, 1988 Page 14 ORDINANCE NO. 20471 AMENDING THE ZONING ORDINANCE, ARTICLE 25, SPECIAL PERMIT REGULATIONS BY ADOPTING A NEW SECTION 25-2; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Strong, Guerrero, Rhodes, Schwing, Slavik voting "Aye"; Pruet voting "No"; Berlanga and Moss absent. (Note: This ordinance previously failed to pass by a vote of 3 to 3. Later when Mayor Pro Tem Strong returned to the Council Chamber, the vote on the ordinance was taken again and passed as indicated.) * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 27. Amendment to the Zoning Ordinance: Amend Article 33, Permits, Plats and filing Fees, by deleting Subsection 33-3.01 in its entirety by renumbering Section 33-3.02 through 33-3.05 to 33-3.01 through 33-3.04. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: FIRST READING AMENDING THE ZONING ORDINANCE, ARTICLE 33, PERMITS, PLATS AND FILING FEES, BY DELETING SUBSECTION 33-3.01 IN ITS ENTIRETY AND BY RENUMBERING SUBSECTIONS 33-3.02 THROUGH 33-3.05 TO 33-3.01 THROUGH 33-3.04. The foregoing Ordinance passed on first reading by the following vote: Turner, Guerrero, Pruet, Rhodes, Schwing, Slavik voting "Aye"; Strong absent at the time the vote was taken; Berlanga and Moss absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 28 pertaining to amending the City Zoning Ordinance, Article 33, Permits, Plats and Filing Fees, to delete Zoning Board of Adjustment filing fees and to reference the Permit Fee Schedule. FIRST READING AMENDING THE PERMIT FEE SCHEDULE BY ESTABLISHING AND INCREASING CERTAIN PERMIT AND ADMINISTRATIVE FEES ESTABLISHED BY THE BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODES; THE ELECTRICAL LICENSING ORDINANCE; AND ESTABLISHING FILING FEE FOR THE ZONING BOARD OF ADJUSTMENT; EFFECTIVE NOVEMBER 1, 1988; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. lutes .gular Council Meeting September 20, 1988 Page 15 Mayor Pro Tem Strong referred to the increase in fee for appealing to a board and inquired if this increase in fee applies when appealing to a task force, and Building Official Lorenzo Gonzalez replied in the affirmative. Mrs. Strong expressed concern with the public paying the entire fee when the City is found to be in error in interpreting the existing Code. Mayor Pro Tem Strong made the motion to amend the Ordinance for situations where there is an interpretation of the existing Code so that if the ruling is in favor of the person making the appeal, the City has the right to waive the fee after the finding; the motion was seconded by Council Member Rhodes. City Manager Garza stated that the Code needs to be amended to allow for this provision and this will be brought back to the Council for action. It was the consensus of the Council that the ordinance needs to be amended before the Council takes further action. Council Member Slavik made the motion to delay the first reading of this Ordinance for one week; seconded by Council Member Schwing and passed unanimously. Mayor Pro Tem Strong withdrew the motion to amend the ordinance. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mrs. Marie Spear, 9320 S. Padre Island Drive, referred to the Kennedy Causeway and suggested that the Causeway be raised on pilings so that the exchange of water will be under the Causeway rather than on top. She also spoke about the bus turnaround on the island which was flooded after the weekend rain and offered suggestions in regard to this. The Council went into closed session pursuant to 6252-17, Section 2(g), V.A.C.S. to discuss personnel. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 5:10 p.m. Following the executive session, City Manager Garza explained a proposed employee salary increase, noting that it was possible at this time because the General Fund balance is much better than predicted. He stated that he is recommending that one-half of the surplus be invested in the Reserves in accordance with the Council's stated policy to replenish the General Fund Reserves and the other one-half be used for employee wages and salaries. He explained that the source of the funds was $2 Million in savings from salary balances and over $1 Million in excess revenue that was not anticipated. He informed the Council that the ordinances effecting these changes will be on the agenda next week. r Minutes Regular Council Meeting September 20, 1988 Page 16 City Manager Garza also presented to the Council the first copies of the official City Budget and briefly described it. Mayor Turner informed the City Manager that she personally would like to have a photograph of this Council and suggested that possibly other Council Members might also. Mayor Turner then referred to the recent CC/DC trip which she described as being a very productive one, particularly in regard to attempts made to maintain the military facilities here in Corpus Christi. Mayor Turner then mentioned the Economic Development conference conducted by the National League of Cities in San Antonio and asked Council Member Schwing, who attended the conference, to comment. Mr. Schwing stated that he would like to provide a full report at a later date. Council Member Slavik inquired as to why the City does not routinely check to see when a Corps of Engineers permit is required for any water -related projects, commenting on one of the recent problems encountered by the City. City Manager Garza explained that the reason this was sometimes overlooked in the past was because different departments had become involved in such projects. He assured the Council that he is placing that responsibility under Assistant City Manager Jesus Garza's department. Council Member Slavik referred to Hurricane Gilbert and expressed concern that there was no follow-up by the news media as to when evacuees could safely return to Corpus Christi. She suggested that more coverage should be encouraged after such storms. City Manager Garza stated that it was announced during an evening news conference that all of the utilities were in operation and most of the streets were opened. He assured the Council that Margaret Wead, Information Services Officer, is working on that, but the City has no control over what is reported by the national news services. Mayor Pro Tem Strong stated that she had received a report from Mrs. Elizabeth Walker in regard to a violation of the ordinance on curbs at the Maverick Market at Park Road 22 and asked for a report on this subject. City Manager Garza stated that he would have such a report prepared. Mayor Pro Tem Strong reported that the Building Inspection Task Force is now conducting weekly meetings; four members are frequently absent; and they need to have a quorum before they can vote on issues that they are almost ready to present to the Council. She asked for concurrence from the Council to have a representative from the architects and the engineers appointed to fill two of the four positions since the other two categories are already represented on the Task Force. R r nutes .gular Council Meeting September 20, 1988 Page 17 Mayor Turner indicated her concurrence with this suggestion, and there were no objections from the other Council Members. Mayor Turner asked for a status report on the IH 37 landscaping, the Airport entrance landscaping at the interchange of Highway 358 and Highway 44, indicating that funds were available from the State Department of Highways and Public Transportation for such landscaping, and suggested that City Manager Garza write a letter to Mr. Nino Gutierrez of the Highway Department in regard to this. She also suggested that steps be taken to improve the landscaping at IH 37 at Shoreline Boulevard. She reiterated that the Highway Department is ready to expend funds for such landscaping. City Secretary Chapa stated that if the Council has no objections, he would place on the agenda a reminder of a luncheon meeting with the Port Commissioners next Tuesday, September 27, at noon. Council Member Schwing inquired about the conflict of interest report and asked Council Member Rhodes if that would be ready soon. Mrs. Rhodes indicated that it would be ready by the following week and asked that it be placed on the agenda for a report to the Council. Mayor Turner suggested that the report be studied by the City Attorney first. There being no further business to come before the Council, Mayor Turner declared the meeting adjourned at 5:40 p.m., September 20, 1988. T 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 September 20, 1988 which were approved by the City Council on September 27, 1988. WITNESSETH MY HAND AND SEAL, this the moi a day of .ThArr. 19 8A' . I Vim+-Sa l a. Armando Chapa, City Secretary City of Corpus Christi etty Tur'er, MAYOR