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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