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.
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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
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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.
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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
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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
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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
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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.
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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