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HomeMy WebLinkAboutMinutes City Council - 05/02/1989PRESENT Mayor Betty Turner Mayor Pro Tem Clif Moss Hall. Council Members: David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Mary Rhodes Frank Schwing MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 2, 1989 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chamber of City The invocation was delivered by Assistant Rector Don Bretz of Church of the Good Shepherd following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Schwing. City Secretary Armando Chaps 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 called for approval of the Minutes of the Regular Council Meeting of April 25, 1989 and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner acknowledged Victor Medina, Public Utilities Director, who commented on the significance of Water Utilities Awareness Week. Mayor Turner presented Water Superintendent Paul Werner with a Proclamation designating May 1-7, 1989 as "Water Utilities Awareness Week." Mayor Turner acknowledged a registered nurse from Spohn Hospital and presented her with a Proclamation designating May 5, 1989 as "National Nurses' Day." Mayor Turner acknowledged the Chairman of the Senior Community Services Advisory Committee and the Chairman of the Mayor's Committee for Senior Citizens and presented them with a Proclamation designating the month of May as "Older Americans Month"; the week of May 14-20, 1989 as "Senior Centers Week"; and May 17, 1989 as "Senior Citizens' Day." MICROFILMED Minutes Regular Council Meeting May 2, 1989 Page 2 Mayor Turner referred to the Board and Committee appointments following appointments were made by the Council: Ethics Commission Butch Escobedo Alex Kutch Jim Barnette Jack Bell John Bell Alicia Gallegos -Gomez Paul Armes Betty Jean Longoria Jim Moloney Coastal Bend Council of Governments Airport Advisory Committee David Conoly - (Reappointed) Daniel Pedrotti - (Reappointed) Irving Dietz - (Reappointed) Willard Hammonds Building Standards Board Clif Moss Tom Hunt David Berlanga Ed Martin Alternates Betty Turner Leo Guerrero Joe McComb Mary Rhodes Frank Schwing Juan Garza Armando Chapa Bill Hennings Kelly Elizondo Tom Utter Bart Braselton Urban Anslinger Human Relations Commission Celena Cavazos - (Reinstated) Josh Taft - (Reinstated) Gene Ward Marjorie Morrill Raymond Perez - Chairperson Landmark Commission and Patricia Atkins Municipal Arts Advisory Committee Scott Johnson Transportation Advisory Committee Todd Bales Ed Hecht James Wright - Reappointed * * * * * * * * * * * * * the Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 and 2. There were no comments from the audience on Items 1 and 2. A motion was made by Council Member Rhodes to approve Motions 1 and 2; seconded by Council Member Guerrero and passed unanimously. 4inutes Regular Council Meeting May 2, 1989 Page 3 1. M89-0111 Motion approving a supply agreement for field tire repair service to Gonzales Tire Service based on only bid for the amount of $48,860. The term of this agreement will be for twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The service will be used by Equipment Maintenance Division for the repair of flats on City owned equipment. 2. M89-0112 Motion approving a supply agreement for approximately 1200 ft. of 2" stainless steel pipe with Southwest Stainless, Inc. based on the low bid of $15,504. The term of the contract will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The pipe will be used by the Wastewater Division to replace galvanized pipe used in wet wells of lift stations. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 3 thru 9. Council Member McComb requested that Item No. 4 be withheld for discussion, and City Manager Garza withdrew Item No. 6 and moved Item No. 7 to the Regular Agenda. There were no comments from the audience on the other items. A motion was made by Council Member Guerrero to approve Items 3, 5, 8 and 9; seconded by Council Member Berlanga and passed unanimously. 3. M89-0113 Motion approving supply agreements for asphalt emulsion oils to the following companies based on low bid for a total of $373,560. The term of the contracts will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Street Division for street maintenance: Elf Asphalt HFRS-S Emulsions Total: $347,760 Grand Total: $373,560 5. M89-0115 Texas Fuel & Asphalt Co Cutback Asphalt RC -2 Total: $25,800 Motion awarding a contract in the amount of $724,000 to King -Isles, Inc. for the improvements along the Turkey Creek Drainage Channel from McKenzie Road to Leopard Street. Minutes Regular Council Meeting May 2, 1989 Page 4 6. Withdrawn Metien awar-eli-ng--e--eont-r-eet--4ti--t-he--emeuet--ef--4;23-40;v49--t-o--Geeetreet4en Aseletenee--fr Servitm-s-r-4-mh--illor—empensien--&€-.441e—esm4tVillr-emp;eyeeel perk*eg-&ee-et-the-Gerpuo-Ghy#5€4-4n.teynat4erie4-A4rpert: 8. M89-0117 Motion authorizing fee acquisition of 5.364 acres of drainage right-of-way located west of Flour Bluff Drive between Glenoak Drive and the Cayo Del Oso at a cost of $81,465 from Mr. and Mrs. David Z. Conoly for the Glenoak Drive Drainage project in settlement of a disputed claim. 9. M89-0118 Motion to approve the renewal cooperative agreement between the National Park Service and the Corpus Christi Fire Department to provide for back-up fire suppression service to Padre Island National Seashore for an additional five years. * * * * * * * * * * * * * Relative to a question from Council Member McComb on Item No. 4 on approving the purchase of the ambulance, City Manager Garza explained that the City is moving forward with the acquisition of a seventh ambulance, noting that additional firefighters will be brought into the ambulance activity, and Fire Chief Adame stated that the new ambulance will be placed at Station No. 14 at South Staples and LaCosta and will provide the City with additional support for that area. A motion was made by Council Member Guerrero to approve Motion No. 4; seconded by Council Member Rhodes and passed unanimously by those present and voting; Hunt absent at the time the vote was taken. 4. M89-0114 Motion approving the purchase of one modular ambulance from Collins Ambulance Sales and Service for $62,687 based on low bid. The ambulance will be used by the EMS Department and is included in the 1988-89 Capital Outlay. * * * * * * * * * * * * Mayor Turner called for consideration of Items 10 thru 18, and a Council Member requested that Item No. 18 be withheld for discussion. There were no comments from the audience on the other items. ginutes Regular Council Meeting May 2, 1989 Page 5 City Secretary Chapa polled the Council for their votes and the following were passed: 10. ORDINANCE NO. 20655 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Ayers Street, from Norton Street to Santa Fe Street; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 11. ORDINANCE NO. 20656 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Ayers Street, from Norton Street to Santa Fe Street; 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 MAY 30, 1989, 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, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 12. M89-0119 Motion authorizing an agreement with the Corpus Christi Independent School District for the construction of parking lot improvements at Wynn Seale Junior High School related to the proposed improvements on Ayers Street. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 13. M89-0120 Motion accepting the 1988 Sidewalk Improvements - Cimmaron, Rockford, and Annaville Elementary School, and authorizing final payment of $4,320.40 to Haas Paving Company, Inc. The foregoing motion passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 14. ORDINANCE NO. 20657 AMENDING ORDINANCE NO. 20540 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: 1988 Sidewalk Program - 1. Cimmaron Road, west side only, from North Washam linutes Regular Council Meeting May 2, 1989 Page 6 Drive to Saratoga Boulevard; 2. Annaville Elementary School from the school playground entrance on the south side to Turkey Creek Drive, and 3. Rockford Drive, north side only, from the West Oso School parking lot east to Lot 34, Block 3, of the Westhaven Terrace, Unit 3, Subdivision; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 15a. RESOLUTION NO. 20654 IN SUPPORT OF HB 3160 BY REPRESENTATIVE HUGO BERLANGA RELATING TO THE CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION, FINANCING, AND DISSOLUTION OF MUNICIPAL MANAGEMENT DISTRICTS. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 15b. RESOLUTION NO. 20658 IN SUPPORT OF HB 2339 AND SCS, SB 1507, RELATING TO THE PROMOTION AND REGULATION OF THE FISH FARMING INDUSTRY. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 16. RESOLUTION NO. 20659 REQUESTING THE TEXAS WATER DEVELOPMENT BOARD TO UNDERTAKE HYDROLOGIC STUDIES OF LAGUNA MADRE SYSTEMS, AND URGING THE TEXAS LEGISLATURE TO APPROPRIATE SUFFICIENT FUNDS TO COMPLETE THE STUDIES. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 17. ORDINANCE NO. 20660 AUTHORIZING THE EXECUTION OF A FOUR MONTH FARMING LEASE AGREEMENT WITH LARRY J. MOKRY FOR A 35.4 ACRE SECTION OF THE OSO CREEK PARK TRACT BETWEEN BILL WITT PARK AND OSO CREEK AND APPROVING A RENTAL FEE OF $30 PER ACRE PER CROP YEAR OR A DESIGNATED DOLLAR PORTION OF THE CROP RAISED ON THE LAND, WHICHEVER AMOUNT IS GREATER; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Ainutes Regular Council Meeting May 2, 1989 Page 7 Relative to No. 18 on the Grazing Land Lease Renewal - O. N. Stevens Plant, Council Member Martin noted that the City paid quite a lot of money for this property several years ago. He inquired if an assessment has been made to see if the City currently needs this property, and City Manager Garza responded by stating that the City has not given careful consideration as to whether they will keep the land. Council Member Martin and Mayor Pro Tem Moss commented on the City's surplus land, and Mr. Garza stated that the City has been working towards the disposal of properties that are not needed. There were no comments from the audience on Item No. 18. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 18. ORDINANCE NO. 20661 AUTHORIZING THE EXECUTION OF AN ELEVEN MONTH RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. AND MRS. JOHN Y. PANZALIK FOR A 26 ACRE TRACT OF LAND LOCATED AT 12930 HEARN ROAD, AND APPROVING THE RENTAL FEE OF $900 PER MONTH; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 19 thru 24 and there were no comments from the Council Members or the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 19. FIRST READING CLOSING AND ABANDONING A PORTION OF THE UTILITY EASEMENT VARYING IN WIDTH FROM 9 TO 14 FEET AND 60 FEET LONG IN LOT 4A, BLOCK A, W. L. EVANS SUBDIVISION, SUBJECT TO PROVISIONS LISTED. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." Minutes Regular Council Meeting May 2, 1989 Page 8 20. FIRST READING AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO CHANGE THE NAMES OF THE FOLLOWING BOARDS, COMMITTEES, AND COMMISSIONS: From Library Advisory Committee To Library Board; From Mechanical Advisory Committee To Mechanical/Plumbing Advisory Board; From Municipal Arts Advisory Committee To Municipal Arts Commission AND AUTHORIZING THE NAME CHANGE IN ALL SECTIONS OF THE CODE WHERE THE BOARDS ARE REFERENCED; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 21. ORDINANCE NO. 20662 CLOSING AND ABANDONING THE 35 FOOT LONG BY 60 FOOT WIDE STUBOUT PORTION OF BURTON LANE IN LOT 3, MOORE PLAZA; PROVIDING FOR REPLATTING. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 22. ORDINANCE NO. 20663 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT ALLOW THE INSTALLATION OF 15 BUILDING CANOPIES RIGHTS-OF-WAY OF LEOPARD AND ARTESIAN STREETS. The foregoing Ordinance passed on third reading by Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb voting, "Aye." WITH GUY ALLISON TO ABOVE THE PUBLIC the following vote: , Rhodes and Schwing 23. ORDINANCE NO. 20664 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH THE LAKES MASTER ASSOCIATION, INC. TO ALLOW THE INSTALLATION OF UNDERGROUND CABLES, CONDUITS AND AN EXISTING SPRINKLER SYSTEM WITHIN THE PUBLIC RIGHT-OF-WAY OF YORKTOWN BOULEVARD FOR A FEE OF $300. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 24. ORDINANCE NO. 20665 AMENDING THE CITY CODE, AND SOLICITORS, SECTION VIOLATION OF ANY STATE OR MORE PERMITS REVOKED CHAPTER 38, PEDDLERS, VENDORS, ITINERANT MERCHANTS 38-13, PERMITS - DENIAL OR REVOCATION, TO INCLUDE STATUTE OR FEDERAL LAW OR THE APPLICANT HAVING TWO IN THE PRECEDING CALENDAR YEAR BECAUSE OF FRAUD OR 1inutes Regular Council Meeting May 2, 1989 Page 9 MISREPRESENTATION AS GROUNDS FOR DENIAL OR REVOCATION OF A CITY PERMIT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Relative to Item No. 7 on the Solid Waste Management Program, City Manager Garza stated that in order to continue the most economical solid waste service to the citizens of Corpus Christi, long range planning must begin. He stated that the firms of Naismith Engineers, Inc. and HDR Engineering, Inc. were selected to perform a study. Assistant City Manager Jesus Garza and Sanitation Director Bob Bruner presented an overall strategy for Solid Waste Services. Mr. Bruner provided background information, stating that the Environmental Protection Agency (EPA) has proposed new standards for municipal solid waste landfills. He stated that the EPA's Action Agenda will definitely change how the City does business concerning solid waste. Highlights of Mr. Bruner's presentation included the EPA's Action Agenda and the Texas Department of Health Requirements. He stated that the City's current position for proposed changes include the Elliott Landfill extension, a 20 -year Master Plan, a Certification Program, an evaluation of Waste Reduction @ landfills, Organization of solid waste services and identification of funding sources. Mr. Bruner elaborated on the City's requirements, future requirements and the proposed strategy for integrated solid waste management. He also elaborated on the landfill fees and recycling. Council Member Martin stated that the City should not make it difficult for people to properly dispose, expressing concern that they would then throw trash out the window. Mayor Turner stated that it would be helpful to have a calendar which clearly spells out what the City is going to do and when it will be done. City Manager Garza indicated that before the adoption of the budget, a schedule will be brought to the Council. Mayor Pro Tem Moss inquired about the time frame for the consultant's report, and Assistant City Manager Jesus Garza replied about 150 days. Mr. Moss indicated that the City should make sure the fees are not so high that citizens will not use the landfill. He commented on other communities that are raising Minutes Regular Council Meeting May 2, 1989 Page 10 their fees and suggested placing dumpsters in various areas. Mr. Garza stated that issue has been discussed and the City was cautioned against it because they would have no control and would be held accountable. Mr. Moss then inquired about hazardous waste and privatization, and Mr. Garza stated that there was a situation relative to hazardous waste. He offered an explanation, stating that the people who dumped the hazardous waste removed it. Relative to privatization, Mr. Garza stated that if the City were to give it up, they would be at someone else's mercy. He stated that the City needs to be the very best they can in assessing the cost, in evaluating work practices, and ensuring that whatever they do is as cost effective and efficient as the private sector. Council Member Berlanga inquired about closing the landfill one day during the week and open it on Sunday, and Mr. Garza explained that the City has brush collection and bulk trash collection programs and will pick up materials in front of a home so people do not have to go to the landfill. He indicated that a request will be made to the state in the change of hours of the landfill. Council Member Berlanga stated that some people do not have room in front of their homes for the trash and he commented on the obstruction of the sidewalks. Mr. Garza stated that the City needs to figure out a way to solve that problem. Mayor Turner inquired if the RFP was coordinated thru the EPA, and Assistant City Manager Jesus Garza replied that it was not. Mayor Turner asked about the assurance that what will be recommended by the consultant meets the EPA standards. She suggested that it be included in the liability statement and that the calendar be included in the study as part of the contract. Relative to the funding, City Manager Garza indicated that the source of funds is the General Fund and the Sanitation Department Budget. Council Member Martin stated that solid waste disposal is a major regional issue. He expressed the opinion that it should be made clear that the study is for the City of Corpus Christi and the solution is for the City of Corpus Christi. He stated that other communities should be given the option to buy into the City's study. He asked about the cost to amend it and give other communities an option to buy into that study without holding up the City's actions. He stated he would like to see a presentation made to the County Commissioners. Mayor Turner stated that she will prepare a letter to mayors in communities in the immediate area and to the county judge to see if they are interested. Minutes Regular Council Meeting May 2, 1989 Page 11 A motion was made by Council Member Guerrero to approve Motion No. 7; seconded by Council Member Berlanga and passed unanimously. 7. M89-0116 Motion approving a contract for engineering services in the amount of $95,000 to Naismith Engineers, Inc. and HDR Engineering, Inc. to provide a survey and assessment of the City's solid waste existing collection and disposal operations and feasibility studies of alternative collection, transportation, processing, and disposal methods. The following people spoke in support of a City-wide recycling program: Ms. Janet Harte, 222 Ohio; Ms. Ruth Gill, 245 Anita; Mr. Jesse Grantham, 325 Doddridge; Ms. Janet Wenholz, 1200 Tenth Street; Ms. Linda McKenzie, 3833 Herring; Mr. Glen Johnson, 2613 Retta; and Ms. Patricia DuBois. Mayor Turner declared a recess at 4:30 p.m. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 4:50 p.m. and called for consideration of Items 25 thru 27. There were no comments from the audience on Items 25 thru 27. City Secretary Chapa polled the Council for their votes and the following were passed: 25. RESOLUTION NO. 20666 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, PROVIDING FOR IMPROVEMENTS TO THE HIGH MAST EXPRESSWAY ILLUMINATION SYSTEM AT THE S.H. 358 - S.H. 286 INTERCHANGE. The foregoing Resolution passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." 26. FIRST READING AMENDING THE CITY CODE, PARKING PROHIBITED AT SEVERANCE; AND PROVIDING The foregoing Ordinance Turner, Moss, Berlanga, voting, "Aye." CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III, ALL TIMES ON CERTAIN STREETS; PROVIDING FOR FOR PUBLICATION. passed on first reading by the following vote: Guerrero, Punt, Martin, McComb, Rhodes and Schwing Minutes Regular Council Meeting May 2, 1989 Page 12 27. FIRST READING AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner announced the assessment hearing for the South Staples Street Improvement project indicating assessments of $62,967.16 on 40 items. City Secretary Chapa informed the Council that Council Member Martin had filed an affidavit on conflict of interest regarding this matter and will abstain from discussion on this item. City Attorney George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove the property involved will be enhanced at least in the amounts of the assessments. He called as his first witness, Mr. Carl Crull. Through questioning of Mr. Crull, Mr. George determined that he is the Director of Engineering Services for the City of Corpus Christi; he has been employed by the City for nine years; he is a registered professional engineer in the state of Texas; he has a degree in Civil Engineering; and he is familiar with the project. Mr. Crull testified that the project will include improvements to South Staples Street from Saratoga Boulevard to Oso Creek. He stated that the project is being constructed jointly by the City and the State Department of Highways and Public Transportation and the City is assessing a portion of the cost of the sidewalk and driveway construction. He stated that low bid for the project was submitted by Bay, Inc.; the total bid price is $3,297,938.43; and the preliminary assessments are $62,967.16. Mr. George called as his next witness Mr. George Paraskevas to provide his expert testimony on the assessment roll. Mr. George questioned Mr. Paraskevas and ascertained that he is a real estate broker; he has a broker and real estate license; he appraises both commercial and residential property; he is familiar with the project; he has examined each parcel; he has examined the assessment roll and is familiar with the amounts. Minutes Regular Council Meeting May 2, 1989 Page 13 Mr. Paraskevas stated that, in his opinion, all of the property will be enhanced at least in the amount of the assessments. No one from the audience spoke in opposition. A motion was made by Council Member Berlanga to close the public hearing; seconded by Mayor Pro Tem Moss and passed unanimously; Schwing absent at the time the vote was taken; Martin abstaining. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning case: 29. Application No. 389-5, Mr. and Mrs. Frank Castaneda: For a change of zoning from "AB" Professional Office District with a "SP" Special Permit to "B-1" Neighborhood Business District on Lot 17-A, Block 34, Windsor Park No. 4, located on the northeast corner of McArdle and Everhart Roads. Mayor Turner indicated that denial of the application, and in for a 9,000 square foot pawn shop to 2,500 square feet and ingress plan submitted. the Planning Commission and Staff recommend lieu thereof, grant a revised special permit with 18 parking spaces, limiting retail space to Everhart Road, in accordance with the site Mayor Turner inquired if the special permit was acceptable to the applicant, and he responded in the affirmative. There was no opposition from the audience. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Rhodes and passed unanimously; Schwing 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. 20667 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. FRANK CASTANEDA BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A 9,000 SQUARE FOOT PAWN SHOP WITH RETAIL SPACE LIMITED TO 2,500 SQUARE FEET, WITH 18 PARKING SPACES AND LIMITING INGRESS AND EGRESS TO EVERHART ROAD, ON LOT 17-A, BLOCK 34, WINDSOR PARK UNIT 4; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb and Rhodes; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Minutes Regular Council Meeting May 2, 1989 Page 14 Mayor Turner opened the public hearing on the following zoning application: 30. Application No. 389-3, Johnson Greenhouses: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lot 15, Block A, Peary Place No. 1, located on the south side of South Padre Island Drive, approximately 400' east of Paul Jones Avenue. Mayor Turner indicated that the Planning Commission and Staff recommend denial of this application. Senior Planner Mic Raasch presented background information on this case, stating that the property is located on the south side of South Padre Island Drive, approximately 400' east of Paul Jones Avenue. He stated that the applicant requests a zoning change from "B-4" General Business District to "I-2" Light Industrial District in order to install an off -premise advertising sign (billboard) on the subject site. He stated that the billboard is intended to advertise the applicant's business which is located approximately two miles east of the subject site on Flour Bluff Drive. Mr. Raasch stated that the requested "I-2" zoning is clearly inappropriate in this location, indicating that the Planning Commission and Council's policy statements indicate that a specific request for an off -premise advertising sign is in contradiction with City policy. He stated that the "I-2" sign regulations permit billboards as a use compatible with industrial, but not commercial or residential uses. Planner Alice Terrall located the area on the zoning and land use map and presented slides of the immediate vicinity. She stated that on this particular piece of property, a number of signs could be placed as long as they pertain to the use that is located on that property. Discussion followed and the applicant, Mr. Glen Johnson, 2613 Retta, stated that a large portion of his business is from out of town, stating that with the completion of the freeway along South Padre Island Drive, it is nearly impossible for someone from out of town to get to his business if they miss the Flour Bluff exit. He stated that he feels it is necessary to have an exit sign to direct his out-of-town customers to his place of business. Mr. Ron Young, 5010 Los Creek Circle, owner of the property, stated that he had been in opposition to this request but is now in favor providing the sign meets the requirements, is esthetically pleasing and would not detract from the property. Council Member Rhodes asked if there was a way that the State Department could place an earmark. She suggested that the City request the State Department to place a marker prior to the exit. Minutes Regular Council Meeting May 2, 1989 Page 15 Council Member Guerrero noted that complaints from people out of town are that S.P.I.D. has too many billboard signs. He asked when these signs will be removed, and Alice Terrall responded by stating that the Building Department has an accurate record of the billboards, stating that some are illegal and some are Council Member Berlanga spoke in support of the staff's recommendation. He stated that if the Council grants the zoning, it will establish a bad precedent; others will request the same thing; and there will be a proliferation of signs. Council Member Martin concurred with Council Member Berlanga. He stated that if the Flour Bluff Business Association presented a request to the Council for a single sign which would advertise several businesses, he would support such a request because it would support the business community. Mayor Turner expressed approval of iboth suggestions. She asked Senior Planner Raasch to draft a letter to both the State Highway Department and the Flour Bluff Business Association. Mr. Raasch informed the Council that the twenty -percent rule is in effect. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member Berlanga and passed unanimously; Schwing absent at the time the vote was taken. A motion was made by Council Member Rhodes to accept the recommendation of the staff and Planning Commission and deny the requested zoning; seconded by Council Member Guerrero and passed unanimously; Schwing absent at the time the vote was taken. * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 31. Application No. 389-4, A&W Boat Storage, Inc.: For a change of zoning from "B-3" Business District to "I-2" Light Industrial District on a portion of Lot 3, Block 1, Brett Addition, located on the south side of South Padre Island Drive, approximately 640' east of Flour Bluff Drive. Mayor Turner indicated that the Planning Commission and Staff recommend denial of this application. Planner Alice Terrall provided the background information on this case and presented slides of the area. She stated that the subject property is located on the south side of South Padre Island Drive, approximately 640' east of Flour Bluff Drive. She stated that the application requests a zoning change from "3-3" Business District to "I-2" Light Industrial District in order to Minutes Regular Council Meeting May 2, 1989 Page 16 convert an existing on -premise advertising sign to an off -premise advertising sign or billboard, noting that the "I-2" zoning is inappropriate in this location. She stated that the Planning Commission and City Council's policy statements indicate that such a request is in contradiction with City policy. The applicant, Mr. James Preis, stated that he manages A&W Boat Storage and has another business across the highway which he is unable to advertise. He stated that he would like to have the ability to change the sign if he so desires or rent the sign to another company. He indicated that the application is to rezone the land around the base of the sign. Mr. Preis indicated that no additional signs will be built and the square footage on the existing sign will not change. He indicated that he would consider a special permit. Council Member Rhodes indicated that if the Council were to approve this, the City would have to allow all people who own frontage property to rezone little pieces of their property to do the same thing. Discussion followed and a motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Rhodes and passed unanimously; Schwing absent at the time the vote was taken. A motion was made by Council Member Rhodes to uphold the staff's and Planning Commission's recommendation to deny the request; seconded by Council Member Berlanga and passed unanimously; Schwing absent at the time the vote was taken. * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza stated that the most current police academy will graduate on Wednesday. Mr. Garza stated that the Kennedy Causeway Committee voted to recommend that the Council drop Packery Channel from the Island Master Plan. Mayor Turner noted that the following Council Members wish to be appointed as Council liaisons to the following groups: Council Member Rhodes - Botanical Gardens; Council Member Schwing - Port; and Council Member Martin - Convention and Visitors Bureau. Mayor Turner presented the City Council goals to the Council and urged them to rate the goals. Mayor Turner called for liaison and other reports from the Council. Council Member McComb referred to the proposed changes to the Pawnshop Ordinance and stated that he would like the ordinance to include flea markets. Minutes Regular Council Meeting May 2, 1989 Page 17 Council Member Martin commented on a letter from Vic Menard, Chairman of the Parks and Recreation Advisory Committee, asking the Council not to send out an RFP relative to an RV Park and he commented on a letter from Mr. Javier Perez. He asked that a system be established that will allow for Council consideration of these types of correspondence. City Manager Garza stated that he would look into the matter. Council Member Hunt referred to the CP&L Building and the conclusion of a 1985 feasibility report by CP&L. Mr. Hunt commented on the City fact sheet and the 1986 bond election relative to the police station. He urged the Council to read the feasibility report; he stated that the Council should review the entire background on the purchase of the CP&L building; and suggested that the Council have a workshop meeting on this subject. Council Member Berlanga stated that it will be hard at this stage for the City to back out of the transaction. He stated that staff instructed the Council that it was feasible to locate the police station in the CP&L building. Mr. Berlanga requested a report on the status of the CP&L building renvoation project and if the City could back out of the transaction. Mayor Turner indicated that the decision has been made by the Council. Discussion followed on this issue, and City Manager Garza stated that a presentation on the CP&L Building will be scheduled at the end of next week's Council Meeting for those who wish to attend. * * * * * * * * * * * * * Mr. Enrique Garcia, President of the Police Officers Association, and Ms. Cynthia Gutierrez invited the Council to the Fiesta Cinco de Mayo on Friday at Heritage Park. Mr. Philip Rosenstein, 949 Bobalo, commented on articles in the newspaper relative to the City's reserves. He spoke in opposition to the Council receiving a car allowance and of an addition to the Mayor's staff. Mr. R. J. Herschbach, 4650 Hakel, referred to his February 28th request relative to the error in the firefighters' pension fund and inquired about the status to the solution. Mr. Herschbach requested that the Council take immediate action against the City employees who made the error. City Manager Garza stated that he will brief the Council on this issue in next week's closed session. Mr. Dusty Rhodes, 3921 Chestnut, Chairman of the Fishermen's Committee, commented on an issue relative to the Bob Hall Fishing Pier, and Mayor Turner requested an update on this matter. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 6:09 p.m. on May 5, 1989. * * * * * * * * * * * * * 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 May 2, 1989, which were approved by the City Council on May 9, 1989. WITNESSETH MY HAND AND SEAL, this the /5464 -day of 1989. Acait&I etty Turn , Mayor _ Armando Chapa City Secretary