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HomeMy WebLinkAboutMinutes City Council - 11/22/1988PRESENT Mayor Betty Turner * Mayor Pro Tem Leo Guerrero Council Members: David Berlanga, Sr. * Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 22, 1988 2:00 p.m. City Manager Juan Garza Asst. City Attorney Ruben Perez Asst. City Attorney James Bray City Secretary Armando Chapa Mayor Pro Tem Leo Guerrero called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Milton Muehlberger of Abiding Savior Lutheran Church following which the Pledge of Allegiance to the Flag of the United States was led by Mr. Jim Arnold, a member of the audience. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of November 15, 1988 be approved as presented; seconded by Council Member Moss and passed unanimously; Turner, Schwing and Strong absent at the time the vote was taken. Mayor Pro Tem Guerrero acknowledged Mr. Kevin Sanders, winner of the Bronze Medal in the Para -Olympics, and presented him with a Proclamation designating April 7, 1989 as "Kevin Sanders Day". * Mayor Turner arrived at the Council Meeting at 2:05 p.m. Mayor Pro Tem Guerrero acknowledged members of the Chris Osbun family and presented them with a Proclamation designating November 22, 1988 as "Chris Osbun Day". Mr. Guerrero noted that Chris Osbun designed a beautiful Christmas card while receiving treatment for acute lymphocytic leukemia at the University of Texas M.D. Anderson Cancer Center and his card was one of ten chosen from approximately 250 designs. * Council Member Frank Schwing arrived at the Council Meeting at 2:10 p.m. MICROFILMED inutes Regular Council Meeting November 22, 1988 Page 2 Mayor Turner referred to the Board and Committee appointments following appointments were made by the Council: * Council Member Strong arrived at 2:20 Corpus Christi Area Convention p.m. and Visitors Bureau Nick Reyna Ruth Stark Sam L. Poteet, Jr. Jack Bell Roy Hinojosa Cathy Lynn Harrison Berney Seal Shirley Pagan and the Ed Garza R. C. Allen Elmo Jackson Al Jones Ricardo Sanchez Roy L. Mayo Representative from the Regional Council (to be appointed) * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 13, and Council Members requested that Items 1, 2, 3, 6, 7, 8 and 9 be withheld for discussion. were 4. There were no questions from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following passed: M88-0245 Motion authorizing acquisition of Parcel 1, located on South Staples Street between Holly and Wooldridge Roads, from Realty Alliance of Texas at a cost of $9,980 for the Mary Carroll Channel Widening project. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 5. M88-0246 Motion rejecting the bids received September 13, 1988, for the Women, Infants, and Children (WIC) Nutritional Program Building. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 10. ORDINANCE NO. 20525 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Airline Road - 1. Airline Road, from Wooldridge Road to Holly Road, 2. Cimarron Road, from Wooldridge Road .inutes Regular Council Meeting November 22, 1988 Page 3 to Airline Road, and 3. Misty Meadow Road, from Cimarron Road northwest for 438 linear feet to the existing improvements; 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 DECEMBER 20, 1988, IN THE COUNCIL CHAMBERS, CITY HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 11. ORDINANCE NO. 20526 CLOSING AND ABANDONING PORTIONS OF TWO 15 -FOOT WIDE UTILITY EASEMENTS AND ONE 20 -FOOT WIDE UTILITY/DRAINAGE EASEMENT IN LOT 1, BLOCK 3, AND LOT 1, BLOCK 4, MOORE PLAZA, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 12. ORDINANCE NO. 20527 AMENDING COMPENSATION ORDINANCE 8127, SECTION 510, MANAGERIAL GROUP RANGES, TO CHANGE THE RANGE FOR THE CLASSIFICATION OF CITY SECRETARY; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 13. SECOND READING AMENDING THE CAPITAL IMPROVEMENT FUND APPROPRIATION FROM $76,344,529 TO $76,847,578 TO PROVIDE FOR CHANGES IN THE PROGRAM SCOPE ORIGINALLY ANTICIPATED, AND TO ALLOW FOR RESERVE APPROPRIATIONS WITHIN VARIOUS BOND ACCOUNTS. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * In reference to a question on Item No. 1 from Council Member Moss relative to the Morgan Avenue Water Storage Tank, Carl Crull, Acting Engineering Services Director, noted that the purpose of this agreement is to restore the original inutes Regular Council Meeting November 22, 1988 Page 4 section of the rivet heads which have corroded. He stated that there are provisions elsewhere in the contract to seal the seams, noting that they have already been sealed. Regarding Item No. 2 pertaining to Cole Park - Oleander Point, Council Member Slavik inquired about the status of the Council's request to the Sailboard Task Force to seek a better long term permanent location, and Assistant City Manager Hennings responded by stating that the Task Force has not done anything further on that request. Mr. Hennings noted that the Park and Recreation Advisory Committee has taken up that issue, and at their meeting on October 12, they recommended that the City Council go forward with the beach improvements and that the Task Force work to seek a better permanent location. Council Member Slavik expressed concern, and City Manager Garza indicated that he would remind the Task Force of the Council's request. Pertaining to Item No. 3 relative to the City Hall Cafeteria, Council Member Slavik inquired about the hours of operation, and City Manager Garza indicated that the hours are 7:00 a.m. to 4:00 p.m. In reference to Item No. 6 relative to the Bluff Balustrade Restoration and La Retama Park, City Manager Garza noted that there was a question on whether the reconstruction of the Balustrade could be separated from the work on the park. Mr. Garza indicated that under the contract which the City is going out for bids on, the bidders will have the option of bidding one or the other, or a combination thereof. He indicated that the project will go out for bid in mid-January if the City obtains the required approval from the Historical Commission. In answer to a question from the Mayor, Carl Crull, Acting Engineering Services Director, noted that in reference to the park, the only water line is the irrigation system which is an integral part of the overall construction. Mr. Crull indicated that some of the walkways, etc.would have to be laid out before the irrigation system could be put in. Mr. Crull indicated that the project will be one bid package containing two bid items; one is the Balustrade; the other is the park; and that there is also a combination of the two. He noted that the bidders can bid either/or or both. Mr. Crull noted that the City would have the right to award whatever is to their best advantage, noting that the bid proposal would be structured so that it could request whether it is an all or none bid. Council Member Moss inquired when work will begin on the Balustrade, and Mr. Crull responded by stating that if bids went out in mid-January, he would anticipate the award of a contract in the first part of April and construction would begin thereafter. Council Member Slavik inquired about the length of time relative to this project, and City Manager Garza replied that part of the funding for the project inutes Regular Council Meeting November 22, 1988 Page 5 was also tied into the aquarium bonds and the Reinvestment Zone, indicating that the money was not ready for the project. In reference to Item No. 7 pertaining to the Laguna Madre Study, Council Member Slavik inquired if the results of this study would affect the location of a boat pass because of the sand movement effect, and City Manager Garza indicated that staff discussed the scope of the contract with representatives of the General Land Office, noting that the study is merely intended to computer simulate what would happen if the entire Kennedy Causeway were removed and what the effect on the environment would be. Mr. Garza indicated that it is a study of how the water flows within the Laguna Madre and not intended to deal with the sand issue. Assistant City Manager Hennings referred to material the Council received relative to the study objective, noting that the stated study objectives are very limited. Council Member Slavik inquired about the time frame, and Assistant City Manager Hennings indicated that it will depend on the fundraising and how much manpower the consulting firm commits to the task. Council Member Strong pointed out that there is very little sand movement inside the Laguna Madre. She indicated that Dr. Duke has done quite a bit of research in that end of the bay as it pertains to the Packery Channel location. In reference to Item No. 8, Council Member Moss inquired about the time frame regarding a letter pertaining to the Van Dusen Airport Services Lease Assignment, and City Manager Garza indicated that the contracts were not delivered with the letter and that is the reason for the delay in completing the actual contracts. In reference to Item No. 9 relative to the Airline Road Improvements, Phase I, Council Member Slavik inquired about the additional expenses for this project, and City Manager Garza indicated that there is an unallocated funds account for that project. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M88-0242 Motion approving the purchase order agreement with Travis Industrial Painters, Inc. providing for the welding of 1,940 rivets on the Morgan Avenue Water Storage Tank at a cost of $29,100, as emergency repairs to preserve City property, to protect public health and safety of residents, and as necessary to minimize all costs and expense resulting from the delay of the City's performance of its contractual obligations. inutes Regular Council Meeting November 22, 1988 Page 6 The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. 2. M88-0243 Motion approving an engineering services contract with Shiner, Moseley and Associates for the permitting and preparation of plans and specifications to develop sailboarding facilities at Oleander Point in Cole Park for a fee of $20,500. The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. 3. M88-0244 Motion accepting the completion of the City Hall Cafeteria, and authorizing final payment of $8,263.54 to Progressive Structures, Inc. The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. 6. M88-0247 Motion rejecting the bids received October 19, 1988, for the Bluff Balustrade Restoration and La Retama Park project. The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. 7. RESOLUTION NO. 20522 APPROPRIATING $20,000 FROM THE KENNEDY CAUSEWAY LEASE RESERVE TRUST ACCOUNT, AND APPROVING PAYMENT OF $20,000 TO THE TEXAS GENERAL LAND OFFICE AS THE CITY'S SHARE OF A JOINTLY FUNDED STUDY TO DETERMINE THE NUMBER AND LOCATIONS OF ADDITIONAL OPENINGS THAT SHOULD BE PLACED IN THE JOHN F. KENNEDY MEMORIAL CAUSEWAY TO ALLOW BETTER EXCHANGE OF WATERS BETWEEN CORPUS CHRISTI BAY AND THE UPPER LAGUNA MADRE AND TO ESTIMATE THE CHANGES IN SALINITY IN THE UPPER LAGUNA MADRE THAT WILL RESULT FROM ANY ADDITIONAL OPENINGS. The foregoing Resolution passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. ,inutes Regular Council Meeting November 22, 1988 Page 7 8. ORDINANCE NO. 20523 AUTHORIZING THE EXECUTION OF A LETTER OF AGREEMENT ALLOWING VAN DUSEN AIRPORT SERVICES' CURRENT LENDER, HELLER FINANCIAL, INC., TO ASSIGN ITS PRESENT MORTGAGE AND SECURITY INTEREST IN VAN DUSEN'S COLLATERAL TO SECURITY PACIFIC NATIONAL BANK; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. 9. ORDINANCE NO. 20524 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Airline Road - 1. Airline Road, from Wooldridge Road to Holly Road, 2. Cimarron Road, from Wooldridge Road to Airline Road, and 3. Misty Meadow Road, from Cimarron Road northwest for 438 linear feet to the existing improvements; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 14 and 15 on the agenda. In reference to Item No. 14 pertaining to the Advisory Members of Boards and Commissions, Mrs. Gwen Bryant, 5029 Merganser, expressed concern regarding this item to amend the City Code. She referred to a unanimous decision by the Park and Recreation Advisory Board to retain their chairperson as an advisory member even though he had served his six years. Mrs. Bryant expressed the opinion that the Boards and Commissions should be allowed to operate autonomously if they are doing a satisfactory job. In reference to Item No. 15 pertaining to the Resolution Amending the Guidelines and Criteria for Tax Abatement, Council Member Slavik inquired how these changes affect the City and if the county made these changes, and Assistant City Manager Utter indicated that the county will consider these changes at their next meeting on November 30 and that these changes do not affect the City. Mr. Utter stated that in terms of the contract for tax abatement, the contract contained these provisions for the school district, and the reason the City has to amend its criteria and guidelines is so that they can put those in their contract. There were no questions from the audience on Item No. 15. City Secretary Chapa polled the Council for their votes and the following were passed: inutes Regular Council Meeting November 22, 1988 Page 8 14. FIRST READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTION 2-67, LIMITATIONS ON APPOINTMENTS, SO AS TO ADOPT A PROHIBITION AGAINST ANY ADVISORY, NON-VOTING MEMBER FROM A BOARD OR COMMISSION FROM SERVING AS AN ELECTED OR APPOINTED OFFICER ON THE BOARD OR COMMISSION TO WHICH SUCH PERSON HAS BEEN APPOINTED; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance was passed on first reading by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. 15. RESOLUTION NO. 20528 AMENDING THE GUIDELINES AND CRITERIA FOR TAX ABATEMENT ADOPTED BY RESOLUTION 20479; INCLUDING DEFINING "ADDED VALUE"; ABATEMENT PERCENTAGES; PROVIDING FOR REDUCTION IN STATE FUNDING, AND ROLL BACK FOR SCHOOL DISTRICT; CONTINUATION OF TAX LIEN; READOPTING SAID GUIDELINES, AS AMENDED; AND REAFFIRMING TAX ABATEMENT. The foregoing Resolution passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the designation of a tax abatement zone under Section 312 of the Texas Tax Code. In answer to questions posed by Council Member Rhodes, Assistant City Manager Utter noted that in reference to this particular agreement, it is a two-year construction phase during which abatement would apply, noting that the way the contract is set up, it does not preclude the Javelina Company from coming back and asking for abatement. Mr. Utter indicated that the contract states that abatement terminates on or before seven years from the date of the contract, noting that the total abatement period is seven years or less. Mr. Utter indicated that a tax abatement zone under state law is also called a reinvestment zone. City Manager Garza pointed out that this is not a reinvestment zone which a tax incremental financing zone is. Mr. Gary Bushell, President of the Corpus Christi Area Economic Development Corporation, briefly explained the economic significance this project will have on the City and the impact tax abatement had on the decision to locate in Corpus Christi. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Strong and passed unanimously. I :inutes Regular Council Meeting November 22, 1988 Page 9 City Secretary Chapa polled the Council for their votes and the following were passed: 17. ORDINANCE NO. 20529 DESIGNATING THE JAVELINA COMPANY ZONE, AS DESCRIBED HEREIN, PURSUANT TO THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." 18. RESOLUTION NO. 20530 AUTHORIZING THE EXECUTION OF A TAX ABATEMENT AGREEMENT WITH JAVELINA COMPANY. The foregoing Resolution was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the request for proposals for a Trunked Radio Communications project for the City of Corpus Christi and the Regional Transit Authority. Mr. Dan Hobbs, Director of Management and Budget, briefly commented on the recommendation and provided background material. Mr. Hobbs indicated that this is a joint bid, noting that the request for proposals is a bid for a total system involving all City departments and the RTA. He pointed out that the request for proposals is structured so that the City has the option to accept and pay for the public safety portion and the RTA and to hold off until a later date to bring in the other City departments if it is determined that they cannot handle the whole project at this time. Mr. Hobbs explained the features of the system, noting that the 800 public safety trunk technology will literally increase the personal safety of the Police, Fire and EMS personnel. Chief of Police Robert Olson stated that the system was a priority item of his department, indicating that this system will make it easier for the Police and Fire Departments to respond to and act on the needs of the public. Chief Olson indicated support and expressed appreciation to the Council and City Manager for their support of this project. Fire Chief J. J. Adame offered comments on the present system stating that it is inadequate and antiquated. Chief Adame noted that the City must improve its communications capabilities, indicating that this system will meet the requirement of the department's incident command system. linutes Regular Council Meeting November 22, 1988 Page 10 Mr. Tom Niskala, Executive Director of the Regional Transit Authority, briefly commented on the needs for the system by the RTA, noting that the RTA is pleased to be a part of the procurement package. He indicated that the RTA has federal funds available which are earmarked for transportation purposes. Mr. Niskala noted that the system will enhance the communications capabilities between all agencies and will allow them to work together under one coordinated communications network. Mr. Ron Coleman, EMS Director, offered a brief explanation on the advantages the system will have to the EMS Department. Ms. Debbie Ashour, a City Gas Measurement Superintendent, representing fourteen City departments, explained the needs of the system elaborating on current problems in the departments. Mr. Bob Wynd, a representative of the Police Officers Association, indicated that this proposal meets the needs of the Police Department. Captain J. T. Hinojosa, a Fire Union Representative, noted that the department is in dire need of new equipment, noting that this new system, it will minimize and improve the problems by almost one hundred percent. Mr. Allen Wiley, a representative of Motorola Company, indicated that the specifications for the proposal were not sole -sourced. He noted that Motorola can meet the requirements of the City's request and will design the system to meet the system's needs and will eliminate the dead spots. Mr. Wiley expressed appreciation for the opportunity to respond to the request for proposals. Mayor Turner inquired if the specifications call for one hundred percent elimination of deadspots, and City Manager Garza indicated that the system will be more effective and advanced than the present system, noting that the request will require 98 percent coverage elimination of deadspots. In answer to a question from Council Member Schwing regarding the antenna, Dan Hobbs, Director of Management and Budget, noted that the area for the location of the antenna under most active consideration is One Shoreline, and the City is presently negotiating with the building's leasing company about placing the antenna there. Mr. Ed Osborn, a representative of General Electric Company, indicated that the specifications were not sole -sourced. Mr. Osborn explained the General Electric system, elaborating on sixteen features. In answer to a question from Council Member Moss, Mr. Hobbs elaborated on the schedule and process for bidding the public safety radio system, noting that partial system implementation is January, 1990 and full system implementation will be June, 1990. Anutes Regular Council Meeting November 22, 1988 Page 11 In answer to a question from Mayor Turner, City Manager Garza indicated that before the City accepts the system, the training will have been completed. Mr. Raymond C. Trott, President of R. C. Trott Consulting Engineers, offered an explanation of the system and the reason for their recommendation, noting that this radio system is state-of-the-art and will carry the City into the twenty-first century, indicating that there is nothing to match its capabilities in the command and control of public safety communications. He noted that part of his company's contract is to be a part of the evaluation of the proposal procedures. Mr. Trott referred to the antenna, noting that all of the equipment to be required to meet the functional specifications will be supplied by the successful proposer, indicating that includes all antennas, cables, radios, etc. to make the system work as a system. A motion was made by Mayor Pro Tem Guerrero to close the public hearing; seconded by Council Member Pruet and passed unanimously; Rhodes and Slavik absent at the time the vote was taken. Mayor Turner opened the 20. Application No. 1088-2, "R-2" Multiple Dwelling "B-4" General Business on the south side of Up Road. * * * * * * * * * * * * * public hearing on the following zoning application: Mr. Michael J. Kuhn: For a change of zoning from District and "R -1B" One -family Dwelling District to District on Lot 3, Woodlawn Section No. 1, located River Road, approximately 500' west of Old Robstown Mayor Turner noted that the Planning Commission and staff approval of this application. There were no comments from the audience on this application. recommend A motion was made by Mayor Pro Tem Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously by those present and voting; Rhodes absent at the time the vote was taken. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20531 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MICHAEL J. KUHN BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, WOODLAWN SECTION NO. 1, FROM "R-2" MULTIPLE DWELLING DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Schwing, Slavik, Strong voting, "Aye"; Rhodes absent at the time the vote was taken. 1 tlinutes Regular Council Meeting November 22, 1988 Page 12 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 21. Application No. 1088-3, Messrs. Jim Arnold and Clay Morgan: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 13, Block 7, Gardendale, located on the north side of Holly Road, approximately 240' west of Nelson Lane. Mayor Turner noted that the Planning Commission and Staff recommend denial, and in lieu thereof, grant a special permit for "B-1" signage with the condition that a 10' sideyard setback be provided for the placement of any sign. Mayor Turner inquired if the recommendation is agreeable to the applicant, and the answer was in the affirmative. A motion was made by Council Member Strong to close the public hearing; seconded by Mayor Pro Tem Guerrero and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20532 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JIM ARNOLD AND CLAY MORGAN BY GRANTING A SPECIAL COUNCIL PERMIT FOR SIGNAGE IN ACCORDANCE WITH "B-1" REGULATIONS WITH THE CONDITION THAT A 10' SIDEYARD SETBACK BE PROVIDED FOR THE PLACEMENT OF ANY SIGN ON LOT 13, BLOCK 7, GARDENDALE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for the City Manager's report, and Mr. Garza had no report. Mayor Turner referred to the decision of the Board of Trustees of Texas A&M to support the merger between U.S.S.T. and Texas A&M, noting that it is a major step on behalf of educational opportunities for children in Texas. Mayor Turner commented on the dedication of Whitecap Boulevard and on a ground breaking on Padre Island for an apartment complex. Mayor Turner called for liaison and other reports from the Council. inutes Regular Council Meeting November 22, 1988 Page 13 Council Member Moss inquired about stringing Christmas lights on the roof of City Hall, and City Manager Garza indicated that he will look into the matter. Council Member Slavik referred to the ordinance regarding the permits and expressed concern that it is too complicated and confusing. Assistant City Manager Elizondo indicated that the change the Council authorized which was related to the various codes does not change the standards, but only changes the permit fees which were being charged, noting that there is considerable more activity in the community because of the $200 administrative fee. Mr. Elizondo briefly commented on the various areas of requirement, elaborating on the staff recommendations which will be forthcoming to the Council. Discussion followed and Council Member Strong referred to the list the Council requested of permitting items which are required by local ordinance versus those that are required by the Southern Building Code or by the state code. Council Member Schwing requested a list of comparisons of the City of Corpus Christi versus other coastal cities in the state which have codes, and Staff indicated that both of the requested lists would require a considerable amount of work and time. Council Member Strong made a motion that staff assemble the information requested, and that a workshop be held on this subject. The motion was seconded by Council Member Rhodes and passed unanimously. Council Member Slavik referred to the Planning Commission hearing on the Mustang/Padre Island Plan and expressed the opinion that another hearing should be held for two reasons; one being that before the meeting, new information was given to the Planning Commission, and it was not discussed by them or the public; and the other being there was an unfortunate misunderstanding by the public as to the procedures of that meeting. Mrs. Slavik commented on a memo expressing objection from Mr. Jim Atwell and a tape of the meeting. Mrs. Slavik expressed concern, noting that the staff should be instructed to be more specific as to what the City's boards are doing. Mayor Turner requested that the City Manager review the aforementioned memorandum and the tape of the meeting and provide a recommendation to the Council, and City Manager noted that the Planning Commission has received various input, noting that the meeting was well publicized. Mr. Garza noted that the item was on the agenda for discussion and that the Planning Commission was not in error in taking a vote. Discussion followed and Council Member Strong indicated that she attended the meeting and the agenda stated that it was a work session and not a public hearing. She referred to angry comments which were made, noting that they were T 1 Minutes Regular Council Meeting November 22, 1988 Page 14 made by citizens who opposed the plan. She stated that from her observation, the Planning Commission did as they were instructed to do. Council Member Rhodes inquired if the Planning Commission could legally take a vote at a workshop, and Assistant City Attorney Bray offered an explanation, noting that what was posted for the Planning Commission was a work session relative to particular subject matter, indicating that it was not the word "workshop." Mr. Bray indicated that the posting was specific enough to advise the public of the topic to be considered and did comply with the Open Meetings Act. Mayor Pro Tem Guerrero referred to a petition in a neighborhood relative to a nusiance bar which has been a problem. Mr. Guerrero indicated that this matter has gone to the County and City attorneys and it is their recommendation that a public hearing be scheduled. Mr. Guerrero made a motion to schedule a public hearing to discuss the complaint and resolve this matter. The motion was seconded by Council Member Rhodes and passed unanimously. Mayor Pro Tem Guerrero referred to the issue of the Homeport Steering Committee recommendation for Corpus Christi to review and adopt the Dallas ordinance relating to sex -oriented business activity, noting that it is a serious issue. Mayor Turner noted that she has referred this matter to the City's Legal Department for review, noting that they will make a recommendation to the Council. Mayor Pro Tem Guerrero expressed concern, noting that action should be taken beforehand. Mr. Guerrero stated that the Resolution should be adopted by the City, and he recommended that the Legal Department bring a recommendation to the Council as to how the City can implement something to control the problem which the City will have have relative to Homeport. Council Member Moss requested that the City's policy relative to giving away alleys be placed on the agenda, and Assistant City Manager Jesus Garza indicated that a report on this issue will be forthcoming to the Council in the Monday packet. Council Member Berlanga referred to the issue of boats leaving the marina and expressed the opinion that the Council should have someone talk to the people, noting that it is a serious problem. Mr. Berlanga referred to the T-shirts sold for Bayfest and the gentlemen who has not been paid, indicating that something should be done. Council Member Rhodes noted that the grant for the Municipal Arts Council will be brought before the Council and as soon as they get their allotment from the City, the bill for the T-shirts will be paid, and Assistant City Manager -r inutes Regular Council Meeting November 22, 1988 Page 15 Hennings pointed out that the Commission cannot use that money to pay any past debts. Council Member Berlanga expressed appreciation to the Heart of Corpus Christi and others who were instrumental in the downtown clean-up, noting that something should be done to make the owners of the buildings downtown responsible for their own clean-up. Council Member Schwing referred to a recommendation from the Highway Department relative to cutbacks for traffic relief on the corner of Leopard and Violet Road and requested that Assistant City Manager Jesus Garza check into this matter. Mr. Schwing inquired which department is in charge of clearing up or maintaining the right-of-ways, and City Manager Garza indicated that the City has an ordinance in which the property owner is responsible for that strip of land. Mr. Garza indicated that this issue is presently under discussion by staff and needs to be worked out. Council Member Moss referred to a $7,000 check presented to the Friends of the Library for books from the American Association of University of Women. Mr. Moss suggested and moved that a letter of appreciation be sent to the Association from the Mayor. The motion was seconded by Council Member Slavik and passed unanimously. Council Member Strong referred to a concern about weeds growing in the street, and Assistant City Manager Jesus Garza indicated that the staff is working on a process to address that issue. Mrs. Strong requested a status report on the Compton -O'Neill Street project. Mrs. Strong referred to concerns by residents of Flour Bluff and the Island relative to the unpleasant smell and taste of the water. Council Member Berlanga referred to a concern relative to the ruling about the connecting and disconnecting of air conditioning units, and Assistant City Manager Elizondo noted that the state statute does allow the mechanical contractors some flexibility relative to disconnecting and connecting. Council Member Strong indicated that it is her understanding that it has not been adopted at the state level, but has been recommended by a Task Force. Lorenzo Gonzalez, Building Official, stated that he has been in contact with the state; a Task Force was appointed; they made a recommendation; it has not been published; but their official position is that it is the rule. Mr. Gonzalez indicated that the Task Force will meet on December 16th to receive input from the local construction industry. .linutes Regular Council Meeting November 22, 1988 Page 16 Mrs. Strong noted that does not comply with the City local ordinance and inquired how the City can bring their local ordinance into compliance, and Mr. Gonzalez noted that the City accepted the state law because they adopted the state law for the application of air conditioning and refrigeration through the mechanical code. Mr. Gonzalez indicated that recognizes a local practice which has been occurring for many years, noting that from a local standpoint practice nothing has changed. Mr. Gonzalez stated that when he received the communication from the state, he referred the issue to the City's legal department and they have not yet given him a ruling. Discussion followed and Mr. Gonzalez pointed out that the way the matter presently stands, the City will not be going to the third reading on the limited license ordinance. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, expressed concern relative to the recent Planning Commission meeting and referred to comments from the City Attorney and members of the Planning board. Mr. Rosenstein indicated that the plan was a final staff draft and that the public had a right to give input. Mr. Rosenstein requested that the Council direct staff to send the staff draft of the Mustang Padre Island Development Plan back to the Planning Commission. Mr. Rosenstein requested that the Council study the way the Boards and Commission are conducting their meetings. Mr. J. E. O'Brien, 4130 Pompano, concurred with Mr. Rosenstein, noting that the public was told at the last public meeting, that they would have an opportunity for input prior to a vote being taken by the Planning Commission. Mr. O'Brien referred to limited -purpose annexation and stated that the City of Corpus Christi does not have the authority for limited -purpose annexation. He indicated that the plan should be sent back to the Planning Commission and expressed the opinion that the City staff is responsible for the entire matter. Mr. Charles A. Nichols, 1547 Lee Lane, presented a series of questions to the Council relative to the Taxpayer's Association. He commented on the questions and requested that the Council consider the questions. Ms. Reva Gregg, 308 Catherine Drive, offered comments relative to the Planning Commission meeting, noting that there was no sign -in sheet and that the audience had no way of knowing what was in the bound book the Planning Commission and staff referred to. Mrs. Gregg indicated that a member of the staff indicated to her that she was not supposed to be at the meeting and asked that she leave. Council Member Rhodes inquired about the limited -purpose annexation clause, and Assistant City Attorney Bray responded by stating that it was pointed out at .inutes Regular Council Meeting November 22, 1988 Page 17 the meeting that it would require a charter amendment in order to do it. He indicated that he is not sure of the full scope of the clause, but that it basically provides less than full City services and less than full City jurisdiction, but provides some jurisdiction. Some members of the Council expressed concern, and Council Member Rhodes requested a one-page report relative to this issue. Mayor Pro Tem Guerrero made a motion to send the matter back to the Planning Commission, noting that if nothing else changes, at least it will be done correctly. The motion was seconded by Council Member Slavik and passed unanimously by those present and voting; Strong absent at the time the vote was taken. Council Member Slavik expressed concern and requested a written report relative to Ms. Gregg's comments about a staff member. Mrs. Slavik suggested that the City Manager meet with Ms. Gregg to straighten the matter out. Mr. Paul Koepke, 715 Upper South Broadway, referred to Thanksgiving and expressed appreciation to the Council for a job well done. Ms. Carom Dougherty, 1702 Saratoga, commented on a concern relative to sign permitting, and City Manager Garza indicated that he would take care of this matter. There being no further business to come before the Council, Mayor Turner adjourned the Council Meeting at 5:35 pm. on November 22, 1988. * * * * * * * * * * * * * 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 November 22, 1988 which were approved by the City Council on November 29, 1988. WITNESSETH MY HAND AND SEAL, this the o 7 day of %)--- g> 7