HomeMy WebLinkAboutMinutes City Council - 04/30/1985MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 30, 1985
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
ABSENT:
Council Member David Berlanga, Sr.
City Manager Edward Martin
City Attorney J. Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chambers of
City Hall.
The invocation was given by Council Member Mary Pat Slavik, following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member Joe McComb.
City Secretary Armando Chapa called the roll and verified that a 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 April 23, 1985 be approved as presented; seconded by Council
Member Bill Pruet; and passed unanimously.
Mayor Jones referred to the Gridiron Club event that was conducted at the
Marriott Hotel on Saturday, April 27th, and asked the City Manager to inform the
Council of the honors received by City Staff Members.
MICROFILMED
Minutes
Regular Council Meeting
April 30, 1985
Page 2
City Manager Edward Martin explained to the Council that as a part of the
efforts of the Staff in connection with the water shortage, a number of
pamphlets of information had been prepared and that copies of these and a copy
of the City's news bulletin, City Horizon, were presented for consideration of
awards by the Press Club. He stated that the Press Club had presented to
Margaret Wead and Becky Gadell, Information Services, several awards for their
work on these publications. He explained that this was very gratifying for the
City because it indicates that the material prepared was of high quality since
there were many other entries.
Mayor Jones pointed out that the judging of the articles was by Sigma Delta
Chi (Society of Professional Journalists) of Portsmouth, Virginia.
City Manager Martin then introduced Mr. Carlos Arauz, the new Director of
Personnel.
Mayor Jones responded and welcomed him to the City of Corpus Christi.
Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Approval of specifications and authorization to receive bids May 22, 1985,
for a twelve month supply agreement, with option to extend for an
additional twelve months, subject to the approval of the seller and the
City Manager, or his designee, for lubricating oils, greases and related
items, i.e., solvent, motor oil, automatic transmission fluid, extreme
pressure grease, molybdenum disulfide grease, wheel bearing grease, and
anti -freeze. These products are for the Maintenance Services Department,
to be used by appropriate City divisions. Estimated annual expenditure is
$118,000.
2. Approval of specifications and authorization to receive bids May 22, 1985,
for a twelve month supply agreement, with option to extend for an
additional twelve months subject to the approval of the supplier and the
City Manager, or his designee, for field tire repair service for the
Equipment Maintenance Division. Estimated annual expenditure is $65,000.
3. Approval of specifications and authorization to receive bids May 22, 1985,
for 160 feet of corrigated steel pipe to be used as culvert at Dona Drive
and Up River Road by the Street Division. Estimated expenditure is $9,000.
4. Approval of specifications and authorization to receive bids May 22, 1985,
for a twelve month supply agreement, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for data
processing cards and forms. Estimated expenditure is $80,000.
lutes
.gular Council Meeting
April 30, 1985
Page 3
5. Approving a twelve month supply agreement for computer ribbons and magnetic
tapes for Data Processing Department, with option to extend for an
additional twelve months at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, to Buckeye
Business Products on the basis of best bid for an estimated $5,618.80 and
OPUS Computer Products on the basis of low bid, for an estimated
expenditure of $2,310.
6. Authorizing the City Manager to proceed with the necessary steps toward
advance refunding of all outstanding Waterworks System Revenue Bonds and
setting May 16, 1985, at 8:30 a.m., for a Special Council Meeting to
consider a bond purchase agreement.
7. Recommending funding of improvement projects at Brighton, Crestmont,
Crossgate, Greenfields and Waldron Parks as part of the Neighborhood Park
Assistance Program. The projects were approved by the Park and Recreation
Board during its April meeting. The City's share of the program is
$42,656.
8. Authorizing the submission of a pre -application to FAA for participation in
eligible projects of the Airport Capital Improvement Program. Anticipated
grant amount is for $1,678,335 from the 1985 Airport Improvement Program
entitlement funds.
9. Authorizing the City Manager to execute a park deferment contract between
the City of Corpus Christi and Annie Blake Morgan Head, individually, and
as Trustee of the Morgan -Randolph Blake Farenthold Trust and the Morgan -Sue
Cleveland Farenthold Trust, for deferred park land dedication out of Rand
Morgan Village, which is generally located between McKinzie Road and Rand
Morgan Road, south of Leopard Street.
This contractual agreement, which is in accordance with the Platting
Ordinance, will allow the developer to final out and construct a portion of
his overall preliminary plat prior to the final plat and construction of
his subdivision in which the park is to be located.
10. Authorizing the City Manager, or his designee, to execute an agreement with
Little, Ltd., Oklahoma City, Oklahoma for a collection development study of
Corpus Christi Public Libraries. The purpose of this study is to provide
recommendations and guidelines for a long-range plan to improve the quality
of the library's collection of books and other library materials. Total
cost of the study is not to exceed $7,305 and will be funded as follows:
$2,058 to be paid by the South Texas Library System and $5,247 to be paid
from the New Central Library Building Trust Fund, fund raising. The
Library Board approved this expenditure in its March meeting.
In reference to Item 7, Council Member Frank Mendez referred to the
memorandum presented to the Council on this item. He inquired if after approval
of this item, any funds would be available.
Minutes
Regular Council Meeting
April 30, 1985
Page 4
City Manager Martin replied that $50,000 is available; the City will spend
$42,000 on these parks; and the remaining $8,000 could probably be spent on one
more park. He responded to another Council Member's question by explaining that
this is the first year that the City has had funds designated for the
Adopt -A -Park Program. He stated that it was his understanding that the
development of the St. Andrews Park was the catalyst for the Adopt -A -Park
Program which has been in effect for several years. He stated that he felt that
it was appropriate that when the City has a greater need for parks than funds
available, the City should consider favorably the parks which have been adopted
by neighborhood groups.
Council Member Joe McComb further explained that the Adopt -A -Park Program
is a response to the large demand for development of neighborhood parks. He
pointed out that Community Development Block Grant funds can be used in certain
census tracts but there are many areas in the City where those funds cannot be
used and the Adopt -A -Park Program has been expanded to allow for funding in
other areas if the neighborhood groups are participating in the Adopt -A -Park
Program.
11. Approving specifications and authorization to receive bids on May 20, 1985,
for 966 square yards of 1" hot mix course over existing asphalt cart paths,
5,444 square yards of 1" hot mix course over existing caliche subbase, and
3,220 square yards of 1" course over a new 6" caliche subbase at the Oso
Golf Course.
12. The City Manager or his designee be authorized to execute agreements with
the following non-profit organizations providing financial assistance in
the amounts indicated for various arts and cultural programs, as
recommended by the Municipal Arts Commission:
a. Ballet Folklorico Nacional for $3,525 for the Annual Dance Concert
(June 29, 1985) and "October '85" (October 12, 1985);
b. Bilingual Theatre Americana for $7,000 for the production of its
1985-86 season (March to June 1985 and September 1985 to February
1986);
c. Corpus Christi Independent School District for $1,200 for the summer
enrichment program "Texas, My Sweet Home" (June, 1985);
d. Encore Theatre Corporation for $2,300 for the performances of Gilbert
and Sullivan's Mikado (July 26-28 and August 3-5, 1985); and
e. Museum of Oriental Cultures for $1,302 for the provision of the free
summer arts and craft program (June - August, 1985).
The total of $15,327 is the available balance from the $30,000 programmed
for Arts support from the National Endowment for the Arts (NEA) City Arts
Grant. The total amount of $30,000 is comprised of a $15,000 NEA Grant
with a $15,000 local match from the City. The matching funds from the City
have previously been appropriated from the General Fund reserve. This will
complete the allocation of funds for the 2nd year of the NEA City Arts
Grant.
lutes
_gular Council Meeting
April 30, 1985
Page 5
13. The City Manager or his designee be authorized to execute agreements with
the following non-profit organizations providing financial assistance in
the amounts indicated for various arts and cultural programs, as
recommended by the Municipal Arts Commission:
a. Addabba Temple #f2 for $3,000 for the provision of certain programs
during Black Heritage Week (June 22-23, 1985);
b. Black Awareness Day Committee, Inc. for $2,500 for the provision of
certain programs during the Black Awareness Celebration (June 1-30,
1985);
c. Creative Arts Center for $5,500 for the Arts After School Program
during the 1985-86 school year; and
d. Del Mar College for $1,200 for reimbursement of expenses with the llth
Annual Guest Artist Clinic/Concert (April 10-12, 1985).
The total of $12,200 is available as part of the $50,000 budgeted for Arts
support approved in the 1984-85 Tourist and Convention Development Fund
Budget, of which a balance of $12,500 remains in the Arts and Cultural
Projects Activity. If this recommendation is approved, the balance of $300
will automatically be transferred to the Permanent Art Trust Fund as
provided by ordinance.
14. Authorizing the City Manager, or his designee, to execute a grant
application and all related documents for operation of the South Texas
Library System from September 1, 1985 to August 31, 1986. The grant
application of $703,612 will provide reference, media, public relations,
consulting, adult literacy support and continuing education services to
system -member public libraries in the 26 -county region. La Retama Library
serves as the Major Resource Center for this program administered by the
Texas State Library. The grant includes $92,187 in in -direct cost recovery
funds and a $17,200 reimbursement to the City for rent and related expenses
on the Library Annex on Chapparal Street.
15. Amending prior to third reading, Article 36, Section 36-11 of the Code of
Ordinances, Curfew: Alcoholic Beverages to exclude from the 10:00 p.m. to
7:00 a.m. prohibition of alcoholic beverages Bill Witt Softball Complex,
Greenwood Softball Complex, Bayfront Arts and Science Park, including
Heritage Park, and designated camping areas, and to allow the waiving of
the 10:00 p.m. curfew of alcoholic beverages in City parks with the prior
approval of the Director of Parks and Recreation.
Mayor Jones
problem because
referred to Items 12 and 13 and stated that the City has a
there is no funding for the Texas Jazz Festival; the
organization was late in submitting their request; and he was of the opinion
that something should be done for that organization because it is a very
important one that is attended by a large number of people and suggested that
the Council consider funding from some source for the Texas Jazz Festival. He
inquired if there were any funds available.
Minutes
Regular Council Meeting
April 30, 1985
Page 6
City Manager Martin replied that there are funds available but none that
were set aside for this purpose. He pointed out that the City has already
committed $15,000 to $25,000 more for this program than last year.
Council Member Slavik concurred with the Mayor and stated that she would
like to see some funding for the Texas Jazz Festival and inquired if it would be
possible to provide funds from the Permanent Art Fund.
City Manager Martin stated that the Council could make a change but if they
did so, it will require a change in the ordinance setting up the Permanent Art
Fund. He pointed out that the Permanent Art Fund is already receiving less than
the Performing Arts Fund.
Council Member Slavik again urged that the Texas Jazz Festival be funded,
possibly from the Permanent Art Fund, noting that the City has approximately
$75,000 in that fund.
Mr. Martin clarified this statement by noting that there would be $75,000
in that fund at the end of this year. He explained the funding by stating that
the City Council requested about two years ago that the Municipal Arts
Commission establish a policy whereby a portion of the funds would be set aside
to build up a fund for a piece of permanent art and the other one-half was to be
used for performing arts. He stated that there are also grants involved in the
Performing Arts allocation and suggested that the Municipal Arts Commission be
requested to provide input as to what they would have funded if the Texas Jazz
Festival application had been submitted on time.
Mayor Jones suggested that Mr. Herbert Hicks, Treasurer of the Texas Jazz
Festival, who was present in the audience, be allowed to speak at this time.
Mr. Hicks addressed the Council and stated that he has had two years'
experience in the position of Treasurer and last year was the first time he had
prepared the request for funds from the City and he was not aware of the need
for the application for this year's funding.
He explained that at the time the application should have been prepared, he
was ill in the hospital and explained that when he returned from the hospital,
he submitted the application but agreed that it was late. He stated that they
had requested $10,000 this year, and their budget the preceding year, including
the cost of performers, was $20,000. He explained to the Council that the
organization had planned to have a special Texas event this year to commemorate
their 25th year.
Council Member Mendez referred to Item (c) listed under Item 12 which
provides funds for CCISD and inquired if that entity would also contribute to
this program.
lutes
pular Council Meeting
April 30, 1985
Page 7
Mr. Mickey Raasch, Planning Department, explained that the School District
provides about three-fourths of the cost. He explained further that the
guidelines for the financial assistance specify that the City will only fund
one-half of the total cost of the production.
Further discussion followed on funding for Texas Jazz Festival.
Council Member McComb suggested that the Council instruct the Municipal
Arts Commission to either rearrange the structure or examine the possibility of
funding from the Permanent Art Trust Fund up to $7,500. He suggested that at
the same time, it might be possible to specify that the Texas Jazz Festival
would always be funded whether they submit an application or not.
Council Member Guerrero stated that he has a real problem in not approving
the organizations as listed on the agenda since they have probably already been
informed that they will be funded and they might be confronted with a problem if
the City suddenly decides to change the allocation. He suggested that funding
for the Texas Jazz Festival should be from another source rather than requesting
the Municipal Arts Commission to revise their recommendation.
A motion was made by Council Member Slavik that the Texas Jazz Festival be
funded from the Permanent Art Fund for this year only.
The motion was seconded by Council Member Guerrero.
Mr. Hicks addressed the Council again and explained that they do not have
any operating costs; the Festival is free; it is a total effort by volunteers;
and he felt that in the future this Festival might be included as an operating
expense of corporate financing.
Council Member Linda Strong stated that she hesitates to take funds from
Permanent Art just to cover expenses of a group because of an oversight on their
part. She expressed the opinion that the Texas Jazz Festival is a very worthy
effort but she did not approve of changing the allocations as recommended by the
Municipal Arts Commission nor did she approve of taking the funding from the
Permanent Art Fund.
Mayor Pro Tem Best stated that he is a firm believer in helping those who
help themselves and inquired if it would be possible for the City to loan the
Jazz Festival Organization approximately $7,000 with repayment to be made by the
Jazz Festival.
Council Member Pruet inquired of Mr. Hicks if they had done anything to
obtain corporate sponsorship, and Mr. Hicks replied that they have started a
mass mail -out and they have discussed an annual sponsorship with two
corporations.
Minutes
Regular Council Meeting
April 30, 1985
Page 8
Mr. Pruet noted that local corporations have always been very cooperative
and generous in this type of funding and this would be a good possibility for
funding.
Council Member Guerrero suggested appropriating the necessary funds out of
the Permanent Art Fund with the understanding that the organization will have to
repay it, and if it is not repaid, that amount would be deducted from next
year's funding.
Council Member Slavik pointed out that the Jazz Festival was
self-sustaining at one time; it began as an impromptu event or gathering of jazz
musicians; but pointed out that it now has a very important place in the life of
Corpus Christi and is a good tourist attraction. She inquired of Mr. Hicks if
it would be possible for them to repay the $7,000, and Mr. Hicks replied that
they would have to ask for more corporate support next year in order to obtain
funds to repay the loan from the City.
Council Member McComb concurred with the suggestion to loan them the funds
and suggested that they could charge a small admission of $1 per person which
would provide enough funds to repay the City. He inquired if they had ever
considered charging admission, and Mr. Hicks replied that there is a group on
the board who feel that the Texas Jazz Festival should be free with no charge
but some of the Board Members have suggested charging an admission fee.
Council Member Pruet pointed out that there is already a motion on the
floor which has not been voted upon and Mayor Jones reviewed the motion stating
that it was that $7,500 be provided the Texas Jazz Festival for this year only
from the Permanent Art Fund. He then called for the vote on the motion and it
failed to pass by the following vote: Jones, Guerrero and Slavik voting, "Aye";
Best, McComb, Mendez, Pruet, and Strong voting, "No"; Berlanga, absent.
Council Member McComb then made a motion that a loan be made to the Texas
Jazz Festival up to $7,500 from the Permanent Art Fund subject to the Jazz
Festival Board of Directors agreeing to charge $1 admission in order to repay
the loan.
The motion was seconded by Council Member Strong.
Council Member Guerrero then offered a friendly amendment to the motion to
provide that rather than charging an admission, they could have an alternate
funding method.
Council Member McComb accepted the friendly amendment to the motion.
Mayor Jones called for the vote on the motion and it passed as follows:
Jones, Best, Guerrero, McComb, Mendez, Slavik and Strong voting, "Aye"; Pruet
voting, "No"; Berlanga, absent.
Lutes
bular Council Meeting
April 30, 1985
Page 9
City Manager Martin inquired if the Council intended this to be in the form
of an agreement or if it should be a "loan" with no interest charged.
Council Member McComb suggested that consideration should be given to that
since the City would be earning interest on the money if it remained in the
Permanent Art Fund.
Mr. Hicks inquired if it would be possible for the Jazz Festival
Organization to have use of the Coliseum at no charge. He suggested that if
this were possible, they might not be forced to charge admission. He reiterated
that he would have to discuss this with the Board of Directors of the Texas Jazz
Festival.
Council Member McComb inquired if the Council did not feel that it would be
fair to ask them to replace the interest loss in the Permanent Art Fund.
Mr. Wes Graham, a Member of the Board of Directors of the Texas Jazz
Festival, took offense to the suggestion that interest be charged. He pointed
out that the Jazz Festival is 25 years old and it has always been an asset to
the City of Corpus Christi. He expressed the opinion that their group was being
treated unfairly and objected to the suggestion interest should be paid.
Council Member McComb pointed out to Mr. Graham that the problem arose
because the Texas Jazz Festival Organization did not submit their application by
the deadline, and Mayor Pro Tem Best assured Mr. Graham that the Council is not
attacking the organization; they are trying to help them; the Council cannot
rescind their funding for the other organizations; and if the Texas Jazz
Festival Board of Directors does not approve of this plan, then the Council
should be informed of this fact.
City Manager Martin assured the Council that the Staff will determine what
action should be taken in accordance with their motion. He suggested that the
motion be added as Item (e) under Item 13.
Mayor Jones called for comments from the audience. There was no response.
A motion was made by Council Member Mendez that the Consent Motions, Items
1 through 15, including the addition of Item (e) on the Texas Jazz Festival to
Item 13, be approved; seconded by Council Member Guerrero; and passed by the
following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Berlanga, absent.
*
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on Items 16 through 25.
Council Member Mendez referred to Ordinances 21 through 23 which pertain to
amendments to Civil Service Board Rules and Regulations and commented that the
ordinances distinguish between job-related and non job-related injuries.
Minutes
Regular Council Meeting
April 30, 1985
Page 10
City Manager Martin explained that these changes just modernized and
verbalized the rules. He explained that the City has had problems in the past;
there was a need to devise amendments to take care of various situations such as
limited service, total disabled, etc. He assured the Council that this is
totally to benefit the employees but it will require some decisions on the part
of supervisors and managers.
Council Member Mendez stated that he is glad to see these changes because
it will clarify situations that might present problems.
Council Member Guerrero noted that there does have to be an understanding
on the part of mid -management.
Council Member Guerrero then referred to Ordinance No. 18 which provides
for the sale of a 35.289 acre tract of the northwest corner of Rodd Field and
Yorktown Boulevard. He referred to the difference in cash price and term
payments at a higher sales price.
City Manager Martin stated that the Staff felt that it would benefit the
City more to have the cash on hand and noted that the City could earn interest
on this money.
Council Member Mendez referred to the ordinances pertaining to the Civil
Service Rules and questioned removing the job-related injuries from coverage.
City Manager Martin explained that it is being removed from the ordinance
because employees will be covered by State law and Workmen's Compensation law.
Mayor Jones called for comments from the audience on the ordinances.
Mr. Wayne Lundquist, Jr., 239 Circle Drive, referred to Ordinance No. 18
and inquired if he would have something in writing and a metes and bounds
description of the property he is purchasing according to Ordinance No. 18.
City Manager Martin assured him that the sale will be authorized by an
ordinance and the City Secretary could provide him with a certified copy of the
ordinance which includes a survey and a metes and bounds description.
There were no further comments on the ordinances.
City Secretary Chapa polled the Council for their votes and the following
ordinances were approved:
16. ORDINANCE N0. 18806
AMENDING THE CORPUS CHRISTI CODE, SEC. 6-10, LICENSING, BY ADDING A NEW
SUBPARAGRAPH (j) AUTHORIZING THE CITY MANAGER TO TEMPORARILY REDUCE CHARGES
FOR ANIMAL LICENSES DURING NATIONAL PET WEEK; AND DECLARING AN EMERGENCY.
utes
gular Council Meeting
April 30, 1985
Page 11
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
17. ORDINANCE NO. 18807
ACCEPTING THE BROWN AND CALDWELL—FREESE AND NICHOLS INTERIM IMPROVEMENTS
REPORT; AUTHORIZING THE EXECUTION OF A CONTRACT WITH NAISMITH ENGINEERS,
INC. FOR PRELIMINARY AND DESIGN ENGINEERING SERVICES RELATED TO RECOMMENDED
INTERIM IMPROVEMENTS AT THE WESTSIDE WASTEWATER TREATMENT PLANT;
APPROPRIATING $51,300; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
18. ORDINANCE NO. 18808
AUTHORIZING THE CONVEYANCE BY SPECIAL WARRANTY DEED THE 35.289 ACRE TRACT
OUT OF LOTS 9 AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, TO WAYNE LUNDQUIST, JR., TRUSTEE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
19. ORDINANCE 18809
AUTHORIZING THE EXECUTION OF A CONTRACT WITH BRACCO CONSTRUCTION CO., INC.
FOR THE DEMOLITION OF EXPOSITION HALL; APPROPRIATING $180,000; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
20. ORDINANCE NO. 18810
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARCY WARD BY GRANTING A
SPECIAL COUNCIL PERMIT FOR A DRAPERY SHOWCASE AND INTERIORS ON LOT 17,
BLOCK 2, KOOLSIDE SUBDIVISION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
Minutes
Regular Council Meeting
April 30, 1985
Page 12
21. ORDINANCE NO. 18811
AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS, ARTICLE IV, SECTION
8, WITH REFERENCE TO EMPLOYEES REPORTING FOR DUTY READY, WILLING AND ABLE
TO PERFORM HIS/HER DUTIES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
22. ORDINANCE NO. 18812
AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS, ARTICLE IV, SECTION
5, TO ADD PARAGRAPH 33 WITH REFERENCE TO THE VIOLATION OF RULES OF THE
DEPARTMENT OF SAFETY AND RISK MANAGEMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
23. ORDINANCE NO. 18813
AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS, ARTICLE IV, SECTION
6, WITH REFERENCE TO EMPLOYEES DISABLED FOR REASONS UNRELATED TO THEIR
EMPLOYMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken; Berlanga, absent.
24. THIRD READING - ORDINANCE NO. 18814
AMENDING ARTICLE 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME
ACTIVITIES, SECTION 36-11, CURFEW; ALCOHOLIC BEVERAGES, OF THE CODE OF
ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting, "Aye";
Strong, absent at the time the vote was taken; Berlanga, absent.
25. THIRD READING - ORDINANCE N0. 18815
AMENDING CHAPTER 23, SECTION 23-18, HEALTH CLINIC VISIT FEE, ARTICLE I, TO
INCREASE HEALTH CLINIC VISITS FROM $2.00 TO $5.00; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
,utes
_gular Council Meeting
April 30, 1985
•Page 13
The ordinance was read for the third time and passed by the following vote:
Jones, Best, Guerrero, McComb, Mendez, Pruet, and Slavik voting, "Aye";
Strong, absent at the time the vote was taken; Berlanga, absent.
* * * * * * * * * *
Mayor Jones declared a recess at 3:16 p.m.
* * * * * * * * * *
Mayor Jones reconvened the meeting at 3:32 p.m. and announced the public
hearing on one zoning application.
26. Application No. 385-11, Physicians and Surgeons General Hospital: for a
change of zoning from "R -1B" One -family Dwelling District with a "SP"
Special Permit to "B-4" General Business District on Edwin E. Connor Tract,
located between Bradford Drive and Barnes Street, and between Dody Street
and Weber Road.
Assistant City Manager Tom Utter explained to the Council that the special
permit that is in existence for this property contains thirteen conditions and
an indemnification agreement. He stated that in response to the 109 notices of
the public hearing that were mailed, 5 in favor were returned plus one petition
with 70 names in favor, 42 of which were within the 200 -foot area, and 16 in
opposition had been returned. He stated that both the Planning Commission and
Planning Staff recommend denial of the "B-4" zoning but in lieu thereof, that a
revised special permit be approved granting the request for signage in
accordance with the revised site plan. He stated that the written opposition is
sufficient to invoke the 20% rule which would require seven affirmative votes to
approve. He stated that this case is similar to the recent Spohn Hospital
application in regard to signage. He pointed out, however, that Physicians and
Surgeons General Hospital does not have any signage in the right-of-way but they
have requested more signage than that which is allowed under the existing
special permit. He stated that the Physicians and Surgeons Hospital will accept
the special permit with the revised site plan.
Mr. Larry Wenger, Director of Planning, located the area on the zoning and
land use map and noted that it is almost completely surrounded by residential
zoning. He showed slides of the vicinity and explained that the signs they
propose would be in compliance with "B-4" zoning.
Mayor Jones called on the applicant's representative to speak.
Mr. Charles Cartwright, Attorney representing P S S Hospital, assured the
Council that the hospital does not want "B-4" zoning. He stated that the
special permit in existence includes set -back requirements; the hospital is very
happy with the special permit; and the only reason for this request for change
of zoning is so that they will be allowed to establish better identification.
Minutes
Regular Council Meeting
April 30, 1985
Page 14
He pointed out that this is different from the Spohn application because this
hospital has not installed signs. He explained the change of ownership of the
hospital and the reason that they need better identification.
Mr. Cartwright continued by informing the Council that the hospital had
circulated a petition and 70 people signed the petition indicating that they did
not have any opposition to the installation of the signs. He noted that five of
the people who signed the petition also sent in a letter expressing opposition.
He read the wording on the petition and stated that they are only asking for the
approval of the Planning Commission and the City Council for the installation of
the signs.
Mayor Pro Tem Best inquired if any of the signs are illuminated which might
be a nuisance for the neighborhood.
Mr. Cartwright replied that they will be internally lighted and this has
been approved by the Planning Staff.
Mayor Jones called for those who wish to speak in opposition.
Mr. Kenneth H. Sides, 4101 Barnes Street, stated that he has fifteen
notices signed by property owners expressing opposition. He stated that he was
not at home at the time the hospital brought the petition to be signed. Mr.
Sides also informed the Council that the hospital was originally named Parkview
Hospital and it was his understanding that they were supposed to install a park
and an alley was to be opened but this was never done. He informed the Council
that the residents in the neighborhood are not too happy with the hospital on
this busy street and they are of the opinion that lighted signs will create more
traffic.
Mayor Jones inquired if the signs at Spohn Hospital are illuminated, and
Mr. Wenger replied that two of them are -- the emergency sign and the primary
sign on Elizabeth Street.
Mayor Jones inquired if the hospital was located on this street at the time
Mr. Sides purchased his home, and Mr. Sides replied in the affirmative.
Council Member Mendez stated that the hospital does not really want the
"B-4" zoning; they only want to erect signs; and the recommendation is for a
special permit to allow for the installation of the signs according to the
revised site plan that has been submitted.
Also speaking in opposition to the request was Mr. Monty Moore, 4105
Barnes. He stated that he was opposed to it because visitors to the hospital
use Barnes Street as a short cut when they depart the hospital. He objected to
approval of the additional signs.
Mayor Jones expressed the opinion that the hospital only wants to add their
signs to improve their visibility and provide competition with other hospitals.
mutes
:gular Council Meeting
April 30, 1985
Page 15
Mayor Pro Tem Best expressed the opinion that the signs will not harm the
neighborhood and assured Mr. Moore that the hospital cannot do anything but
install additional signs if a special revised permit is approved.
Mr. Moore voiced concern that if this is approved, the hospital will return
at a later date for permission to build additional buildings. He agreed that he
did not have any objection to the signs. Mr. Moore also questioned the wording
on the petition, alleging that it was misleading.
Mrs. Lillian Edwards stated that she resides on Barnes Street but she did
not receive a notice, possibly because she may be outside the 200 -foot
notification area. She stated that she resided in the neighborhood before the
hospital was established there and explained the traffic problem. She stated
that she would object to the "B-4" zoning requested but she did not object to
the special permit.
Mayor Jones speculated that the Council has no intention of granting the
"B-4" zoning.
Mr. V. G. Stearns, II, 4037 Barnes Street, reiterated that there is a
traffic problem on Weber Road and expressed concern about the traffic that goes
from the hospital down Barnes Street. He also questioned why the hospital never
did construct the park they intended to.
No one else spoke in regard to this zoning application.
A motion was made by Council Member McComb that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Council Member Slavik inquired if the Staff was of the opinion that the
existence of the hospital is contributing to the traffic on Barnes Street.
Mr. Wenger stated that he did not know because the entrance to the hospital
is limited to Weber and he felt that the traffic on Barnes Street could actually
be neighborhood traffic.
Mayor Jones agreed, stating that there is fast traffic all over the City,
including on Brock Street where he resides.
Council Member Slavik inquired about the speed limit on the street, and Mr.
Wenger stated that if the street is not marked, the speed limit is 30 miles per
hour.
Mayor Jones stated that the Council could request that the Transportation
Advisory Board examine the traffic on Barnes Street and asked Mr. Utter to place
this on that Board's agenda.
Minutes
Regular Council Meeting
April 30, 1985
Page 16
Mr. Utter stated that the Staff will have Traffic Engineering Department
provide a report on this traffic problem.
Council Member Pruet explained that Weber Road is such a busy street that
the visitors to the hospital probably are driving on Barnes Street because it is
almost impossible to make a left—hand turn on to Weber Road.
Council Member Strong summarized the situation by stating that the concerns
from the neighborhood do not really have anything to do with the signs included
in this zoning request; the hospital has been located there for twenty—five
years; and she felt that the Council should address the concerns by some other
method, not as a part of this zoning case.
City Secretary Chapa polled the Council for their vote on the ordinance
granting the revised special permit and the following was passed:
26. ORDINANCE NO. 18816
AMENDING ORDINANCE NO. 15500, ADOPTED THE 23RD DAY OF APRIL, 1980, UPON
APPLICATION OF PHYSICIANS AND SURGEONS GENERAL HOSPITAL BY GRANTING A
REVISED SPECIAL COUNCIL PERMIT FOR SIGNS ON EDWIN E. CONNOR TRACT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye";
Guerrero, absent at the time the vote was taken; Berlanga, absent.
* * * * * * * * *
Mayor Jones called for the City Manager's Report and other items.
City Manager Martin reminded the Council of the public hearing to be
conducted on CDBG funds at 7:30 p.m. that night.
Council Member Slavik stated that she had spoken with Mr. Bradford of the
Northside Business Association and stated that he had expressed concern that the
City Council Members could not attend their neighborhood meeting on May 9th
because of other commitments. She stated that he had requested that the City
Council change the date of the meeting so that they could attend. Mrs. Slavik
stated that she agreed with his suggestion that the meeting date be changed in
order that the Council could attend.
Council Member McComb commented that it was the Council's direction that
the Staff meet with the people from that area.
City Manager Martin explained that the Staff had met with them, and that at
the same time, others were present such as the County Attorney, the District
Attorney, etc. He stated that they felt at that time that the next step would
be to conduct a meeting with all of the people involved, including other
nutes
gular Council Meeting
April 30, 1985
Page 17
businesses in the vicinity. He explained that the meeting scheduled for May 9th
is actually a working meeting with those parties involved; it was not to be a
public forum; it was designed to allow the Staff to come back with
recommendations for the City Council.
Council Member Guerrero commented that there is nothing to prevent the
Council Members from attending, and Council Member Mendez suggested that a
meeting be scheduled after the Council has information from the Staff.
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. Phoebe Vaughan, 5609 Bonner Street, referred to the new City ordinance
which prohibits the use of magnetic signs to be placed on vehicles in order to
allow them to park in the commercial zones. She explained that she has a small
business selling paper goods to customers; she needs to park adjacent to the
building where her deliveries have to be made; and explained the difficulty she
had in finding parking spaces in the business sector. She expressed the opinion
that she should be allowed to use the magnetic signs and park in the commercial
zones, and if this could not be done, she suggested some type of permit for
which she would be willing to pay a fee, to be placed on a windshield to allow
for parking in the commercial zones.
Council Member Strong stated that she had received a similar complaint from
another party who has to drop men off for work and deliver materials.
City Manager Martin questioned whether that situation was exactly true. He
explained that loading zones are actually just for unloading materials, not
soliciting business, and there is no reason why a business owner could not park
there briefly to drop employees and materials off. He explained that if the
magnetic signs are allowed to continue, people will use the loading zones for
convenient parking associated with their businesses and the only way to prevent
this is to require that the vehicles be marked.
Mayor Pro Tem Best suggested that the City Manager examine this again.
Council Member Slavik inquired if the registration procedures suggested by
Mrs. Vaughan would be feasible, and City Manager Martin stated that it would be
feasible but there would be no way of controlling whether people actually obtain
the registration just so that they would have a convenient place to park. He
also noted that if the Council allows the permit system, another bureaucracy
would have to be established to administer this.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member Slavik and passed unanimously,
the Regular Council Meeting was adjourned at 4:28 p.m., April 30, 1985.
* * * * * * * * *
DZ/rr