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HomeMy WebLinkAboutMinutes City Council - 11/03/1987PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 3, 1987 9:00 a.m. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Dr. Loren White of the Second Baptist Church following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Rhodes. City Secretary Chapa informed the Council that Council Member Strong called and stated she would be about fifteen minutes late for the meeting. A motion was made by Council Member Slavik that the Minutes of the Regular Council Meeting of October 27, 1987 be approved as presented; seconded by Council Member Pruet and passed unanimously. * * * * * * * * * * * * * Mayor Turner referred to the Board and Committee appointments. The following appointments were made: Park & Recreation Board Senior Community Services Advisory Committee Dennis Trevino James Tait Community Action Agency Mayor Turner - represented by: Norma Cavazos Mayor Pro Tem Rhodes - represented by: Kay Lee Council Member Guerrero - represented by: David Noyola Council Member Berlanga - represented by: Ben Reyes Ramos Council Member Mendez - represented by: Carlos Valdez MICROFILMED lutes ..cgular Council Meeting November 3, 1987 Page 2 Mechanical Advisory Board Board of Adjustment Derwood Anderson Ramiro Gamboa (Alternate) Walter Deville Municipal Arts Commission Janice Clarke * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 7. 1. M87-0360 Approving a supply agreement for blueprint service to Ridgway's based on low bid of $27,000. The term of this agreement 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. This service is used by various departments. 2. M87-0361 Setting a public hearing to be conducted by the City Council at 9:00 a.m. in the Council Chambers, November 17, 1987, and a second public hearing to be conducted by the Director of Planning in the Committee Room, City Hall, at 4:00 p.m., November 18, 1987, on the annexation of a 17.95 acre tract of State-owned land out of a portion of Padre Island, as shown on the Blucher and Naismith survey, and recorded on a map prepared by Blucher and Naismith, Inc., June 15, 1951, Volume 4, Page 50, of the Miscellaneous Map Records of Nueces County, more particularly south of the seawall, in Section A, Padre Island Corpus Christi Subdivision, and immediately north of Nueces County Park #1 boundary line, and the present City limit line along the beach on the Gulf of Mexico. 3. M87-0362 Approving plans and specifications and authorizing receipt of bids on December 1, 1987, for the installation of sidewalks along Glenoak Drive from Waldron Road to Saint Peter Street. 4. M87-0363 Approving the Staff Architectural Committee's recommendation and authorizing the negotiation of separate architectural contracts for the Water Division Facilities and the Broadmoor Park Senior Citizen Center. lutes ..egular Council Meeting November 3, 1987 Page 3 5. Withdrawn Authorizing acquisition of Parcel 16 located at Surfside Boulevard at Canal Avenue, at a cost of $58,200 for the Aquarium Land Acquisition Project. 6. M87-0364 Approving the naming of 3.93 acres of parkland in the Greenfields subdivision to J. D. Bock Memorial Park in honor of Joseph Daniel Bock, a Corpus Christi police officer killed in the line of duty. 7. M87-0365 Approving Change Order No. 2 in the amount of $10,415 to the contract with Coleman -Roth Construction, Inc. for additional improvements to Crestmont, Pebble, Winrock, Temple, and West Haven Parks. In reference to Item No. 2 regarding the Annexation Public Hearing, City Secretary Chapa informed the Council that the Council Meeting for November 17, 1987 is scheduled for an evening meeting to be held at the Boys Club Auditorium on Greenwood. Mr. Chapa requested Council consideration to change the time and place of the meeting from the way it is listed on the agenda. Council Member Slavik stated that the school board is having a hearing on that same day, and she requested that the hearing be postponed until after the holidays. After some discussion, City Manager McDowell gave a brief explanation of the schedule set up for the annexation. He stated that in order to meet that schedule and the requirement for three readings of the ordinance and the two public hearings, this is a schedule that has to be adhered to in order to annex it by the end of December. Mr. J. E. O'Brien, 4130 Pompano, stated that this particular area was in the annexation election which was turned down by the voters. He asked if it is going to be the policy of the Council to nibble at areas that the voters have turned down and proceed with annexation, regardless of the will of the voters. He asked that the hearing be postponed until after the first of the year and that the Council consider placing it before the voters. In reference to Item No. 3 regarding the Glenoak Drive Sidewalk Improvements, Ms. Cheri Haliday, Padre Island, stated that she has no sidewalks, no street lights, no gas, and no sewers. She objected to the fact that whenever Flour Bluff wants anything they get it, but whenever anyone from Padre Island needs anything, they don't get it. Mayor Turner requested the Staff to respond to Ms. Haliday's complaints. lutes _.egular Council Meeting November 3, 1987 Page 4 In reference to Item No. 4 pertaining to the Water Division Facilities and Broadmoor Park Senior Citizen Center, Mayor Turner stated that she received a letter from A.I.A. asking that on public jobs that they go to local persons and that the City make sure the production is handled in Corpus Christi. City Manager McDowell noted that the firm that was recommended in connection with the Broadmoor Park Senior Citizens Center has withdrawn, and Staff will be making an alternate recommendation. Engineering Services Director, Victor Medina, stated that Total Design IV is the alternate recommendation. In reference to Item No. 5 pertaining to the Aquarium - Land Acquisition - Parcel 16, Mayor Pro Tem Rhodes inquired if it was true that this piece of property has been on the tax roll for approximately $7,000 to $8,000 and the City is buying it for $60,000, and awhile back a previous Council closed Canal Street and that the closure of that street resulted in Mr. Murray receiving the land that increased the amount of land that the City is now buying back from him. Assistant City Manager Hennings stated that is correct, and that the right-of-way on Canal Street is part of this acquisition. In answer to a question from Mrs. Rhodes, Mr. Hennings stated that if the City did not agree to Mr. Murray's purchase price, it would go to condemnation. City Attorney George stated that the City contracts with independent appraisers that go out and look at comparables in the area, and the appraisal district does not have the manpower or the appraisers to determine fair market value of property. In answer to a question from Mrs. Rhodes, Mr. George stated that we have a fee appraiser who is independent of the City who sets a value on the property. He stated that when the street was closed before, the City policy was the property reverts to the abutting property owners; fee title has passed; and that person owns the property. Mr. George continued by stating that in order to acquire it, you either have to buy it from him at an agreed upon price or condemn it. In answer to a question from Council Member Moss, Mr. George stated that the owner has to be paid fair market value for the property, and Mr. Hennings stated this is a comparable price, and it is more land then was originally contemplated. Council Member Guerrero inquired why the street was originally closed, who was on the Council at the time it was closed, who the appraiser is, and who it is listed with. Mr. Guerrero made a motion that this item be removed from the agenda until the questions have been answered. autes' ..egular Council Meeting November 3, 1987 Page 5 City Manager McDowell stated that the appraiser is Mr. Thomas Dorsey, and that he assumes it was closed at the request of the Aquarium Association, but that it was prior to his time. The above motion was seconded by Council Member Slavik and passed unanimously. Council Member Slavik requested a report on Mr. Dorsey's qualifications for appraising property, and Mr. Medina stated that he will provide her with that information. In reference to Item No. 6 regarding the naming of Greenfields Parkland to J. D. Bock Memorial Park, Mr. J. D. Brown, Greenfield Subdivision, stated that he initiated this project and that Sergeant Bock was a friend of his. He stated that the monument will be donated, and that the City will only have to pay for the pedestal. He noted that this will be a fitting tribute to Sergeant Bock. Commander Henry Garret, representing the Police Department, stated that they are very pleased with this tribute and expressed appreciation and support of it. In reference to Item No. 7 pertaining to the Crestmont, Pebble, Winrock, Temple and West Haven Park Improvements, Council Member Moss asked what the tabulation bids were and the City's estimate on this project, and Director of Engineering Services Medina stated he will provide that information to the Council. There were no comments from the audience on the above items. A motion was made by Council Member Pruet to approve Items 1 thru 7, excluding Item 5, noting that Item No. 2 is changed to 7:00 p.m. at the Boys Club; Item No. 5 is deferred; and the architectural firm in Item No. 4 has been changed. The motion was seconded by Council Member Berlanga and passed unanimously by members present; Strong absent at the time the vote was taken. * Council Member Linda Strong arrived at 9:35 a.m. * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings. In reference to a question from Council Member Moss regarding the consultant's contract on Item No. 8 concerning the Oso Water Reclamation Plant Improvements, Director of Engineering Services Medina stated that the figure that was paid to the consultant was based on an estimated cost of the construction at the time the City negotiated the contract with him. In reference to Item No. 9 concerning the McKinzie Subdivision Unit 2, Block 1, Lots 6 thru 9, Council Member Moss inquired if William McKinzie is the 3utes 1egular Council Meeting November 3, 1987 Page 6 County Commissioner, and if the cost of $3,289.25 is the standard unit price, and Mr. Medina replied in the affirmative to both questions. In reference to Item No. 10 concerning the Mary Carroll Channel Widening Project - Parcel 8, Council Member Slavik inquired how many square feet are in this parcel, and Mr. Medina replied he will provide the Council with that information. Council Member Moss inquired why this small an item has to be brought before the Council, and City Manager McDowell replied because money is being appropriated and it requires Council action. In reference to Item No. 11 concerning the I.H.37/U.S. 77 Interchange Utility Adjustments Project - Parcel 3, Council Member Moss inquired if it is necessary that the City buy this piece of property to get this easement, and Mr. Medina replied they tried to get just an easement without purchasing the property and could not. In reference to Item No. 13 concerning a case filed by CP&L with the Public Utility Commission, Council Member Slavik expressed concern regarding this matter and inquired if the City is doing enough, and City Manager McDowell replied this is the reason for the request to have Mr. Butler represent the City, as well as other communities, in this case. City Attorney George stated this is in regard to one particular filing of CP&L relating to deferred accounting. He stated that CP&L made a filing, and Mr. Butler has recommended that the City register their opposition to it. Council Member Moss stated that he was on the subcommittee of the Economic Development Corporation on energy. He requested that this item be deferred for a week so that he can receive some advice on this matter. Mayor Pro Tem Rhodes inquired about who pays Mr. Butler, and City Attorney George replied that ultimately it is actually borne by all the rate -payers. Discussion followed, and City Manager McDowell stated that it would be appropriate to have Mr. Butler come before the Council to give them a briefing on this issue. Council Member Moss made a motion to defer this item. He stated that he would like to develop some more information and bring it to the Council. Council Member Berlanga inquired about Mr. Butler's objective, and Mr. McDowell replied it is to represent the City and its residents in attempting to make sure that any rate increase approved is necessary and required, as compared to what is requested. lutes ..egular Council Meeting November 3, 1987 Page 7 Discussion followed, and the aforementioned motion died for lack of a second. In reference to Item No. 15 concerning the Weber Road (F.M. 43) improvements, Council Member Pruet requested an explanation between the cost figures and the assessment figures, and Mr. Medina replied that the administrative and engineering costs are built into it; $78,000 is the direct cost of the actual construction; and the total cost will come after the project is completed. In answer to a question from Council Member Moss, Mr. McDowell stated that the City is assessing the cost of the construction, plus our cost to do the assessments to do the billings and the collections, etc., and the engineering work that has to go into that. Mr. McDowell stated that there is a construction cost and an administrative cost on top of that, and those two together make up the assessment costs. He stated that curbs and gutters are going to be included in this project, and the City will collect over a ten-year period. In reference to Item No. 16 pertaining to the Kiwanis Recreation Center, Council Member Slavik inquired if this is the first time the City has leased any of its centers for an extended period, and Mr. McDowell replied this has been done with this facility in prior years for the winter Texan program, and that the City had a lease with them last year. Council Member Berlanga inquired if it is a non-profit organization, and Mr. McDowell replied the City is leasing it to Villa Del Sol; they will provide programs for winter Texans; they are going to charge a fee; and the City will get a percentage of the gross. Council Member Pruet expressed the opinion that this is a remarkable public/private example that Mr. Ralph Ehrlich started about two years ago and has received support from the Park & Recreation Department in the activities which he has developed for the winter Texans. He stated that what Mr. Ehrlich is trying to do is develop an ongoing program for the visitors, and that the City benefits from it because they do not have to staff the center. He further stated it is not a non-profit organization. In reference to Item No. 17 pertaining to the Extension of Managerial Life Insurance Benefit to Police Captain & First Assistant Fire Chief Positions, Council Member Berlanga inquired about the kind of insurance they have now, and Mr. McDowell replied they have a regular insurance policy which they can purchase through the association or the City, and this extends the $50,000 term life in addition to that. In reference to Item No. 21 concerning the Proposed Amendments to the City Code, Chapter 13, Article IV, Excavations, Council Member Slavik inquired about when this will go into effect and when the permit fee will be updated, and Mr. McDowell replied it will be effective upon publication in the newspaper, and as soon as the Ordinance becomes operative, the new fee will be in effect. lutes ..egular Council Meeting November 3, 1987 Page 8 Council Member Strong inquired if there is a requirement that a grade be shot on excavations, and Planning Director Wenger replied the process would establish the elevation of the soil prior to the permit, and then there is a $50 fee on a monthly basis for inspection every month. Mrs. Strong stated that it is important that the people requesting excavations state exactly how much they are going to take out and they be held accountable for that. She inquired if they have to state how long the excavation process is going to take place, and Mr. Wenger replied there is a one-year permit issued which is renewable every year, and they will have to go thru the process every year. There were no comments from the audience on the items. City Secretary Chapa polled the Council for their votes and the following were passed: 8. RESOLUTION NO. 20041 AUTHORIZING THE EXECUTION OF A CONTRACT WITH INTERSTATE INDUSTRIAL CONSTRUCTORS, INC. FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT PLANT; APPROPRIATING $50,000. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 9. RESOLUTION NO. 20042 APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF $3,289.25 TO WILLIAM E. McKINZIE, DEVELOPER OF LOTS 6 THROUGH 9, BLOCK 1, McKINZIE SUBDIVISION UNIT 2, FOR THE INSTALLATION OF APPROXIMATELY 416 LINEAR FEET OF 8 -INCH DIAMETER OFFSITE WATER MAIN AS SHOWN ON ATTACHED EXHIBIT A, PER ORDINANCE NO. 17092; AND APPROPRIATING $3,289.25. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 10. RESOLUTION NO. 20043 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 8 IN CONNECTION WITH THE MARY CARROLL CHANNEL WIDENING PROJECT; AND APPROPRIATING $3,128. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. flutes ..egular Council Meeting November 3, 1987 Page 9 11. RESOLUTION NO. 20044 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 3, A UTILITY EASEMENT ALONG WITH A TEMPORARY CONSTRUCTION EASEMENT, FOR THE I.H. 37/U.S.77 INTERCHANGE WATERLINE RELOCATIONS AND UTILITY ADJUSTMENTS PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, GARNETT T. BROOKS. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 12. RESOLUTION NO. 20045 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PSYCHOLOGIST AGREEMENT WITH DR. M. DEE KOCH FOR PSYCHOLOGICAL SERVICES FOR THE POLICE DEPARTMENT AND AIRPORT SECURITY. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 13. RESOLUTION NO. 20046 AUTHORIZING CITY PARTICIPATION IN TEXAS PUBLIC UTILITY COMMISSION DOCKET NO. 7560 AND SELECTION OF LEGAL COUNSEL AND CONSULTANTS THEREIN. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Pruet, Slavik and Strong voting, "Aye"; Moss voting, "No"; Guerrero absent at the time the vote was taken. 14. ORDINANCE NO. 20047 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Weber Road (F.M. 43) from Oso Creek Bridge to Saratoga Boulevard AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 15. ORDINANCE NO. 20048 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Weber Road (F.M. 43) from Oso Creek Bridge to Saratoga Boulevard; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON DECEMBER 1, 1987, IN THE COUNCIL CHAMBERS, CITY HALL, nutes ..egular Council Meeting November 3, 1987 Page 10 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 16. ORDINANCE NO. 20049 AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE RENTAL ASSOCIATION OF VILLA DEL SOL, INC. FOR THE FOUR MONTH USE OF THE KIWANIS RECREATION CENTER FOR THE PURPOSE OF CONDUCTING SOCIAL, EDUCATIONAL, AND RECREATIONAL PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 17. ORDINANCE NO. 20050 AMENDING ORDINANCE 8127, COMPENSATION PLAN OF THE CITY OF CORPUS CHRISTI, SECTION 707.1, TO EXTEND THE MANAGERIAL GROUP FULLY -PAID TERM LIFE INSURANCE BENEFIT TO POLICE CAPTAINS AND FIRST ASSISTANT FIRE CHIEF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 18. SECOND READING AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH SMARTE CARTE, INC. FOR A SELF-SERVICE BAGGAGE CART OPERATION AT THE AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 19. SECOND READING AUTHORIZING THE EXECUTION OF A 20 YEAR LEASE WITH TWO 20 YEAR OPTIONS FOR LOTS 1 AND 2, BLOCK 60, BEACH ADDITION, AT THE CORNER OF FITZGERALD AND MESQUITE STREETS, TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. mites „egular Council Meeting November 3, 1987 Page 11 20. THIRD READING AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III --PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 21. ORDINANCE NO. 20052 AMENDING CHAPTER 13 OF THE CORPUS CHRISTI CITY CODE BY AMENDING ARTICLE IV. EXCAVATION: PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 22 Amending the Zoning Ordinance upon application of the Presbyterian Development by changing the zoning map in reference to a portion of Lot 1, Block 1, Southfork Subdivision from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. Mr. Arthur Zeitler, 4230 Spring Creek, representing the South Fork Property Owners Association, stated they have reached an agreement with the owners to place some deed restrictions on the property that relate to some matters the association was concerned with, plus their agreement to deed to the property owners association a 10 -foot buffer strip which would be a green area. He stated that these matters have not been done yet, due to the fact that the agreement was only reached that morning, but they do not oppose the zoning change subject to those two matters being completed. In answer to a question from Council Member Berlanga, Mr. Zeitler stated that the association would add 10 feet to its green area which would increase the distance between the commercial development and the townhouses from 10 to 12 ft. to 20 to 22 ft. He stated that the association has reduced their requests concerning some of those distances and the owners have agreed to a compromise distance on the dumpsters. Mr. Tim Clower, representing the Presbyterian Development, stated that they have approved the deed restrictions; the agreement is in writing; but it has not yet been signed. Mayor Turner inquired if this item should be deferred until everything has been worked out, and Mr. McDowell replied in the affirmative. lutes ..egular Council Meeting November 3, 1987 Page 12 22. Withdrawn ANBNBIN6-TEEr-PANIAI6--0R 444-ANGET--U.IW APPLFG.4'FI{ �F-PRB6BYTBRIAN-DEVET,oPMBNT Bk-FM4M4G 444 TILE-36NHg6-NAP-341-41-141(,3'r-T9-t1- ^^ ISP-I,OT--I BBGC,iF-IT 69UTH-FORK- UBDIALIssF9N--FRem---&-i$'=-0NE—FM4I-b1--9WEL 4N6-4-1*-1-1FI� T O -2B -Ig NE4GHBORHOOP-BH61NB66-PISTRIGI;-ANB-BEGhARING-AN-EMERGENGY7 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 23. Application No. 987-4, Mr. R. C. Allen: For a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 39.97± acres out of Lot 10 of the Baldwin -Moore Farm Lots, located on the west side of Holly Road, approximately 2,600' south of South Padre Island Drive. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of this application. No one spoke in opposition to this application. A motion was made by Mayor Pro Tem Rhodes to close the public hearing; seconded by Council Member Mendez and passed unanimously; Guerrero and Strong 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. 20053 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF R. C. ALLEN BY CHANCING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 10 OF THE BALDWIN-MOORE FARM LOTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet and Slavik voting, "Aye"; Guerrero and Strong absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the next zoning application: 24. Application No. 987-6, Mr. 0. S. Jaramillo: For a change of zoning from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District on a portion of Lots 14 and 15, Block A, Airline Subdivision, located on the west side of Birmingham Street, approximately 110' south of Lyons Street. Butes ..egular Council Meeting November 3, 1987 Page 13 Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of this zoning application. No one spoke in opposition to this application. A motion was made by Council Member Mendez to close the public hearing; seconded by Mayor Pro Tem Rhodes and passed with Guerrero and Strong 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. 20054 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF 0. W. JARAMILLO BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOTS 14 AND 15, BLOCK A, AIRLINE SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet and Slavik voting, "Aye"; Guerrero and Strong absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the next zoning application: 25. Application No. 987-9, The Hearth Nursing Home, Inc.: For a change of zoning from "A-1" Apartment House District with a "SP" Special Permit to "A-2" Apartment House District on Lot 2, Block 1, Forum Mall, located on the north side of Wooldridge Road, approximately 425' east of Rodd Field Road. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of this application. No one spoke in opposition to this application. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Mendez and passed unanimously; Pruet abstaining; Guerrero and Strong absent at the time the vote was taken. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: lutes ..egular Council Meeting November 3, 1987 Page 14 ORDINANCE NO. 20055 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE HEARTH NURSING HOME, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 2, BLOCK 1, FORUM MALL, FROM "A-1" APARTMENT HOUSE DISTRICT WITH A "SP" SPECIAL PERMIT TO "A-2" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss and Slavik voting, "Aye"; Pruet abstaining; Guerrero and Strong absent at the vote was taken. NOTE: Council Member Pruet did not participate in discussion or vote on this zoning case: * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 26 Application No. 987-7, Corpus Christi Disposal Service, Inc.: For a change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on Lots 1 through 6, Block 3, Morris & Mitchell Extension to South end, located on the north side of Morris Avenue, between llth and 12th Streets. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of this zoning application. No one spoke in opposition to this application. A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Mendez and passed unanimously; Guerrero and Strong absent at the time the vote was taken. City Secretary Chapa noted that the Ordinance will be brought back to the Council after the property has been replotted. Council Member Mendez inquired if the facility on Agnes will be disposed of, and Assistant City Manager Elizondo replied it is his understanding they will continue to keep their commercial offices, but to dispose of the industrial aspect of it. Council Member Slavik referred to the objections listed in the support material which was presented to the Council and inquired if the unsanitary conditions were a valid concern, and Mr. Elizondo replied they will have to adhere to all the City's health codes and requirements regardless of where they are located. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: lutes ..egular Council Meeting November 3, 1987 Page 15 27. Application No. 987-8, Mr. Michael R. Moore: For a change of zoning from "F -R" Farm -Rural District to "B-4" General Business District on Lot 1, Block 1, Airline Subdivision Unit 3, located on the east side of Airline Road, approximately 475' south of Meadowvista Drive. Mayor Turner stated that the Planning Commission recommends approval of this application and the Planning Staff recommends denial, and in lieu thereof, grant a special permit for a professional office and mini -storage warehouse development. She asked the applicant if he objects to the Special Permit. The applicant, Mr. Michael Moore, 305 Baycliff, stated that they do not object to the Special Permit, but they are in a "Catch 22" situation. He explained that in order to properly build on this tract of land, they will be required to get a variance, and a variance nullifies the Special Permit. Mayor Turner inquired if the conditions of the variance could be included in the Special Permit, and Director of Planning Wenger stated that the requirement of this particular district, if it were changed to "B-4," would be a 10 -foot separation between the "B-4" and the "R -1B" property. He stated that it is the Staff's opinion that there needs to be a 10 -foot separation between the business and the residential area, and that they are concerned with what the use would be if there were changes in the future. In answer to a question from Mayor Pro Tem Rhodes, Mr. Moore stated they do not object to the Special Permit but the 10' fence. He stated that they want to make the back wall of this complex the screening fence. Mr. Moore presented a petition to the City Secretary signed by all the abutting landowners stating that they feel it is in the best interest that they be allowed to construct on the back wall. He also displayed a piece of aggregate material of which they are proposing to build the back wall of the proposed units. Mr. Dennis Wike, an associate with Mr. Moore on this project, stated that they are trying to make a project that is feasible, and he emphasized that the adjacent residents feel the proposed use would not detract from the neighborhood and supported their project. He stated that the back wall of the building will be no closer than 12 feet to the back of the 5 -foot easement that is on the other side. He stated that there are lots of trees that will help screen the screening wall from the property, and that a back wall built like they are proposing allows them to use the property much more efficiently. Mr. Wike located the area on the map and presented some background information on the properties. Mayor Pro Tem Rhodes inquired if there was any way to grant them a Special Permit and allow them to set the wall on the project line, and Mr. Wenger replied the normal requirement of "B-4" is 10 feet. He stated that the Council can legally do this with a Special Permit but it is not normal. nutes _.egular Council Meeting November 3, 1987 Page 16 A motion was made by Mayor Pro Tem Rhodes to deny the "B-4" zoning, and in lieu thereof, grant a Special Permit and waive the 10 -foot setback requirement. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Berlanga and passed unanimously. Mr. Moore requested to speak again; therefore, a motion was made by Council Member Slavik to reopen the hearing; seconded by Council Member Berlanga and passed unanimously. Mr. Moore stated that the site plan is a preliminary site plan, and he requested permission to present a refined site plan. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Mendez and passed unanimously. Mrs. Rhodes's motion was reworded to deny the "B-4" zoning, and in lieu thereof, grant a Special Permit and waive the 10 foot requirement, subject to a site plan approved by Staff. The motion was seconded by Council Member Slavik and passed unanimously. City Secretary Chapa stated that the Ordinance will be brought back to the Council when the site plan is submitted. 27. Withdrawn AMENBING- TIIB - 0144#fr$&BSP}A4GF,--F}PEH3--APFLIGAT ON--PR-WF -Fh,--&r--MOORfr-BY OVHAN0ING--THE--g0NIN0--MAP--N--H$P£H£NGE--T0--1,0T--}T--S1,00N--h--AIRIAN$ sUBDP 0N-8N4i-g—ROM-1 , RM -RU DHrT-I1-IG'F-T{}-X18-4'=-GENERAL-$86IN$68 PISTR;GT;-AND-DEGLAHING-AN-HMHAGHNGV: * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 28. Application No. 887-3, Mr. Ben L. Herndon: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 24 and a portion of Lot 25, Block 6, Koolside Addition, located on the southwest corner of Gollihar and Airline Roads. Mayor Turner stated that the Planning Commission's recommendation is denial, and in lieu thereof, grant a special permit for an auto air conditioning repair shop with a standard screening fence to be constructed along a portion of the property, and that the Planning Staff recommends denial. Director of Planning Wenger informed the Council that the 20 percent rule is in effect on this application. autes _.egular Council Meeting November 3, 1987 Page 17 Mr. Ben Herndon, the applicant, stated reasons for wanting "B-4" zoning and presented background information on the uses for the property since he purchased it. Mr. Ben Herndon, Jr., son of the applicant, located the area on the map and pointed out all the uses located on Airline between South Padre Island Drive and Alameda Street, which include two auto repair garages. He stated that they have had a lot of complaints about their service; he wants complaints to stop; and that they basically want the same rights as their neighbors. Mayor Turner asked the applicant if the Special Permit was acceptable to him, and Mr. Herndon replied in the affirmative if they could keep their present businesses. Ms. Barbara Cline, 921 Dorothy, representing the adjacent property owners, spoke in opposition to the "B-4" zoning and the Special Permit. She noted that Mr. Herndon has different types of businesses and they are concerned about what he will be putting in there. She stated that he does not close at regular hours. Mrs. Cline stated that she opposes the garage, but not the air conditioning repair. A motion was made by Council Member Strong to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting. Mayor Pro Tem Rhodes inquired if Staff opposes the Special Permit, and Mr. Wenger stated that the Staff opposed the "B-4" zoning but not the Special Permit. Council Member Mendez noted that the most logical thing is to concur with the Planning Commission's recommendation, and that with a Special Permit it will allow for an air conditioning repair shop and there would be no problem. Council Member Guerrero stated that the property now is a non -conforming use, and if the Council votes on this as it is, they still remain in violation. Discussion followed, and Council Member Strong noted that if they are going to be fair about this, the same activities that are going on in the auto repair shop should be allowed on that corner provided they do not exceed their parking limitations and provided that a screening fence is established between the special permitted property and the private property behind. Mrs. Strong made a motion to amend the ordinance and allow him not only an auto air conditioning shop, but a shop to do minor repairs under a Special Permit with a screening fence. The motion was seconded by Council Member Pruet. Council Member Guerrero stated that cannot be done; this has to be denied or approved; and that a new application must be submitted. lutes ..egular Council Meeting November 3, 1987 Page 18 Mr. Wenger stated that the application before the Council is a request for "B-4" zoning, and he explained the Planning Commission's recommendation. He stated that the Council can change that to include an auto repair shop because automotive repair is allowed in "B-4." Mrs. Strong repeated her motion to amend the recommendation of the Planning Commission for a Special Permit for an automotive air conditioning repair shop and an automotive repair shop with a screening fence. Council Member Pruet stated that the amended motion brings all of it into a use as specified in the Special Permit and addresses legitimate concerns of the neighborhood, and they now will know what can be done on that property. Mayor Pro Tem Rhodes pointed out that the neighborhood only approves of the air conditioning shop as proposed by the Planning Commission. She stated she will not support the motion, but will support the Planning Commission recommendation for the air conditioning shop only. Council Member Mendez asked for clarification and stated if the Council approves the Planning Commission's recommendation, the auto repair shop will still be there as a non -conforming use and is in violation, and they will have to come back and try to correct that situation. He stated that if they support Mrs. Strong's motion, they will be correcting the situation that is already existing. In answer to a question from Council Member Guerrero, Mr. Wenger stated that the twenty percent rule will be in effect at the time the Council actually approves the Ordinance, and that it will require seven affirmative votes. The aforementioned motion passed by the following vote: Berlanga, Mendez, Pruet, Slavik and Strong voting, "Aye"; Turner, Rhodes, Guerrero and Moss voting, "No." Council Member Mendez noted that the applicant needs to be aware of the twenty percent rule. He explained that there are already four votes that are opposed to the amendment; it will be passed by a majority vote; the ordinance will be brought back next week before the City Council; the twenty percent rule will be in effect; those four votes will Likely be opposed to it; and the zoning will probably be denied. Mayor Turner stated that the above application will be brought back before the Council next week. 28. Withdrawn AMBNBiNG--'FFA&-4.0N4NG--0RD-14 eRA--E-PAN--APPImI6ATION--GF--BSI--4n-- tNDON -BY GRANTING--A--6i1BGFAG-GGUNG 12-£ Hq- &n1#-ASA--CONRITI3N-1 40/GER -SHOP--9N b0T-Q4- AND 4--14N%'FI-0N -0E-BOT-233- OFC {r,--AOD1='FHIGNi APFH-PEGT,ARINO AN-£M£RGENGk-r lutes aegular Council Meeting November 3, 1987 Page 19 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 29. Application No. 987-10, International Resistive Company, Inc.: For a change of zoning from "B-4" General Business District with a "SP" Special Permit to "I-2" Light Industrial District on a portion of Lot B-1, South Staples Center, located north of South Staples Street, northwest of Gollihar Road and on the west side of Caddo Street. Mayor Turner noted that the Planning Commission and Planning Staff's recommendation is denial, and in lieu thereof, grant a revised Special Permit. She inquired if the Special Permit is acceptable to the applicant, and the applicant replied 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 Slavik and passed unanimously. Council Member Slavik inquired if the hazardous material will be stored inside the building, and Mr. Wenger replied in the affirmative. Council Member Moss inquired if that would create a fire hazard, and Mr. Wenger replied according to the Fire Department it would not. City Secretary Chaps polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20056 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF INTERNATIONAL RESISTIVE COMPANY, INC. BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A RESISTOR ASSEMBLY PLANT WITH NO OUTSIDE STORAGE AND REQUIRING THAT ANY HAZARDOUS MATERIALS BE STORED INSIDE THE EXISTING STRUCTURE ON A PORTION OF LOT B-1 SOUTH STAPLES CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: lutes ..egular Council Meeting November 3, 1987 Page 20 30. Amendments to the text of the Zoning Ordinance of the City of Corpus Christi: The proposed changes and amendments to said Zoning Ordinance are as follows: 1) Add Article 27B "Landscape Requirements" to provide for city-wide landscape requirements for public and private sector development; 2) Amend Article 3 "Definitions" by adding provisions to define terms utilized in the Landscape Ordinance amendments; 3) Amend Article 13 "B -2A" Barrier Island Business District Regulations, Section 13-2 and 13-5; and 4) Amend Article 14, "B-2" Bayfront Business District Regulations, Section 14-2. Assistant City Manager Elizondo expressed appreciation to members of the Planning Department who have been working on this ordinance for some time together with the neighborhood groups. Mr. Mickey Raasch, Senior Planner. stated that they have been working on this for the last four months, during which time they have been very intensely involved with securing the community input and sensitizing the ordinance to the community. Mr. Lamont Taylor, representing the Planning and Zoning Commission, stated that the proposed ordinance is the product of months of discussions and compromises reached by the Ad Hoc Committee. He pointed out that they had a cross-section of the community who had a say in the shaping of the ordinance. He stated it is a workable ordinance and will be aesthetically advantageous for the City and the citizens. Dr. Miriam Wagenschein, 6810 Sierra Drive, representing the Council of Neighborhood Associations, stated that members of the neighborhood association spent countless hours getting improvements in their residential areas and spent thousands of dollars on landscaping in public park areas. She stated they are doing their best and want the rest of the community to do the same. She stated they fully understand the economic situation this community is in, but they feel you have to spend a buck to make a buck. She continued by stating that after the task force discontinued meetings, several modifications were made which they find difficult to agree with, such as the removal of requirements for existing property when expanded and improved. She stated that the ordinance is not in compliance with the Corpus Christi Policy Statement: An Element of the Comprehensive Plan. She presented material to the Council and recommended that the proposed Landscape Ordinance be either amended or tabled and referred to the Planning Staff to be brought into compliance with the Comprehensive Plan. Mr. Fred Greenburg, 343 University, stated it is a wonderful proposed ordinance and that he hopes it will be passed. He expressed appreciation to everyone who worked on the ordinance, and stated it is a real democratic ordinance and everyone will be proud of it. Mr. Don Cox, 369 West Saxet, stated that technically the ordinance is a good ordinance. He stated that he has helped obtain landscape plans for 17 projects in the community and scaled them out against the existing ordinance draft to find out whether the proposal was workable. He stated that after doing Butes ..egular Council Meeting November 3, 1987 Page 21 17 of them, the landscaping cost from the present draft will be less than two percent of the project cost. He expressed concern that all other Texas communities that have Landscape Ordinances require that the Landscape Ordinance be applied to existing property. He stated that perhaps if fully applying the ordinance to existing property is regarded by the Council as a little bit too expensive and too onerous, they could apply it to the existing property at 2/3 the level of what is in the ordinance. Mr. Cox stated that all of the drafts before this one applied the ordinance to existing property, and he recommended that this be done. He stated that the ordinance, as written, does not require anything for existing property. He presented some other recommendations, one being a review committee instead of the Board of Adjustments, and stated that he will submit his recommendations in writing to the Council. Discussion followed, and Mayor Pro Tem Rhodes asked Mr. Cox if he was aware that the Council received a legal recommendation that states it cannot bypass the Board of Adjustment, and Mr. Cox stated that he is aware of it but that it is presently being done in four other cities, and he hopes that our Legal staff can review the matter and determine whether those cities were correct in adopting a simplified direct procedure. After more discussion, Mr. Raasch referred to the proposed ordinance and made a clarification that on Page 5 there are provisions for making existing development, when they are expanding, to comply with the ordinance. He stated that the smaller developments would be exempted. Mr. Leon Loeb, a local developer, urged adoption of the ordinance as it is and see how it works. He stated that if the Council decides they need greater applicability to existing projects, that we pass this ordinance then go back and review the problem of applicability to existing development, and deal with that in a separate ordinance that would then amend this one. Mr. Skip Safley, President of the Beautify Corpus Christi Association, stated that they were represented at the different meetings and worked with the Ad Hoc Committee. He stated they support the Landscape Ordinance as presented. Mr. Dave Cich, Executive Vice President of the Chamber of Commerce, distributed a letter to the Council from Steve Sullivan, Chairman of the Board of the Chamber of Commerce. He stated that the Board supports the ordinance as recommended by the Planning Commission at their October 14 meeting. He stated that they are concerned regarding the alternative compliance and the Board of Adjustment's role in this. He stated that they agree that the Board of Adjustment should not be bypassed and recommended that some alternatives be looked at. He stated that he did not agree that it is not in compliance with the Comprehensive Plan. He noted that he would provide the Council with his recommendations in writing. Council Member Rhodes asked the Staff if they feel that this is not in compliance with the Comprehensive Plan, and Mr. Raasch stated there were two lutes _.egular Council Meeting November 3, 1987 Page 22 difference focuses; it was the consensus of the Planning Commission Ad Hoc Committee that the Landscape Ordinance should just address the street yard area in order to beautify the City. He stated that the buffer yards could be addressed at some future date. Mr. Raasch stated that it does not violate the Comprehensive Plan. Mr. Bob Shattuck, 7134, Sun Valley, Executive Vice President of the Builders Association of Corpus Christi, stated that they support the Landscape Ordinance as recommended by the Planning Commission. He stated that they do not support any change that would require existing projects to redesign and tear up their existing improvements as a condition for being allowed to expand and renovate. He suggested that if the Council finds the ordinance does not go far enough that they look to the public sector for improvements. Mr. Randy Lynch, 4209 Black Bayou, representing the Planning Commission, complimented Mickey Raasch who had worked on the ordinance but stated that he was disappointed in the alternative compliance section and questioned the requirement by the Legal Department that applicants go thru the Board of Adjustment. He expressed the opinion that the ordinance under consideration is the best compromise in the current economic conditions, and stated that a majority of the people involved concur with this proposed ordinance. He encouraged implementation of the ordinance by the City. He noted that this ordinance is a start and stated that, hopefully, existing businesses will voluntarily comply with the terms of the ordinance in order to meet competition. Ms. Jan Patton, 1250 Sandpiper, representing the Board of Directors, Corpus Christi Board of Realtors, stated that in the past she has been involved with Beautify Corpus Christi and made a presentation to the Council on this a few years ago. She stated that it was also reintroduced during CC'90; she was a member of Task Force I; and it became a part of their policy statement and recommendation out of Task Force I that a comprehensive Landscape Ordinance be adopted by the City Council. She stated that the Corpus Christi Board of Realtors realizes that an ordinance of this type will enhance and increase property values and create a quality of life businesses look for. She stated it was well thought out and urged the Council's support of it. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Strong and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes and the following Ordinance was passed on first reading: 30. FIRST READING AMENDING THE ZONING ORDINANCE BY ADDING A NEW ARTICLE 27B, LANDSCAPE REQUIREMENTS; BY AMENDING ARTICLE 13, "B -2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS, SECTION 13-2(4); BY AMENDING ARTICLE 13, "B -2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS, SECTION 13-5, BY DELETING SUBSECTIONS 13.5.02 AND 13.5.03; BY AMENDING ARTICLE 14, "B-2" BAYFRONT BUSINESS DISTRICT REGULATIONS BY AMENDING SECTION 14-2(4); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. mites ..egular Council Meeting November 3, 1987 Page 23 The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." A motion was made by Council Member Moss to recess the Council Meeting at 12:15 p.m.; seconded by Council Member Berlanga and passed unanimously. * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 2:00 p.m. and called for petitions or information from the audience on items not listed on the agenda. Mr. Philip Rosenstein, 949 Babalo, objected to the procedures followed the preceding week at which time he wished to display a banner. Mr. Rosenstein addressed the same issue in regard to the support of pari-mutuel betting in Nueces County and objected to the fact that the Mayor and several Council Members endorsed pari-mutuel betting without indicating whether they were speaking for themselves or for the City. He also objected to the fact that Corpus Christi Area Economic Development Corporation, an organization funded by the City, had also endorsed this issue. He suggested that there needs to be a policy to prohibit Council Members or City organizations taking a stand on an issue without making it clear that they are speaking for themselves, not the City. Mr. Jon Kelly, attorney representing Steve Morales, who had petitioned for the removal of Council Member Frank Mendez for an alleged conflict of interest, addressed the Council and stated that City Attorney Hal George had provided him with the rules for the hearing scheduled for November 24. Mr. Kelly questioned the procedures as outlined and stated that according to the City Charter, his client was responsible to prove that there had been wrongdoing, and in their role they will have to prepare Articles of Impeachment. He expressed the opinion that they should have subpoena powers. He questioned the authority of Mr. George, who will be a party to the lawsuit as the representative of the City, making rulings as to what the attorneys can and cannot have. He then inquired of Mr. George if the subpoenas had been issued, to which Mr. George responded that they have not. He reiterated that they needed the items they have requested, otherwise they will be in an unfair position. Mayor Turner inquired if the hearing will be a court of law, and Mr. George stated that it would not be, it would be a hearing before the City Council. Mr. Kelly continued by objecting to the fact that Mr. George makes the decisions as to what he will be given when he has the burden of proof and must have access to the evidence they have requested. He continued by stating if they could have the items they have requested, the hearing could be conducted sooner than November 24. He noted that they have asked for depositions from all of the Council Members with the exception of Council Member Slavik and Council Member Guerrero, and no one has responded. He stated that if the depositions were issued, he would make it as convenient as possible to take the depositions of the Council Members. lutes ..egular Council Meeting November 3, 1987 Page 24 Mr. Kelly continued by stating that the hearing will be very lengthy and seating needs to be arranged for. He also stated that he had a law partner that he would like to accompany him at the hearing and they would like to have their own court reporter. Mr. Kelly then stated that he did not believe that Mayor Turner could be a fair judge, specifically because of a statement she had made the preceding week at which time she referred to the Frank Mendez incident as a dead issue. He suggested that because of this, he felt that a hearing officer should be appointed who could be fair and impartial. He also objected to the Mayor's asking opinions from Mr. George because he represents another party in the case. He suggested that former Judge Jack Blackman, attorney David Diaz, or Hector DePena, Sr., would be appropriate as presiding officer. Mayor Turner took issue with the remarks made about herself and assured Mr. Kelly that she is fair and has integrity. She urged that the Council not take any action that would usurp the power of the Council and the Mayor. She pointed out that procedures have been established and it is the City Council's responsibility to conduct a fair and impartial hearing. She then referred to the remark attributed to her that this was a dead issue and quoted her statement verbatim, stating that the phrase was taken out of context. Council Member Moss stated that it was his understanding that the Council planned to go into closed session to discuss some of these matters, and if the Council feels that Mayor Turner is not conducting a fair hearing, he was sure that five votes could change any ruling. Mayor Pro Tem Rhodes expressed the opinion that the discussion should continue because she felt that some of the procedures needed to be clarified. City Attorney George stated that those are the kinds of issues that he would like to discuss during the closed meeting, and that this involves a grievance against a Council Member which entitles the Council to meet in closed session. Mr. George continued by stating that the City plans to employ a court reporter, and Mr. Kelly would be entitled to purchase a copy of the transcript, or he could have his own court reporter if he prefers. Be stated that Mr. Kelly could also have his law partner available at the hearing. Mayor Pro Tem Rhodes expressed the opinion that it is the Council's and the Mayor's responsibility to preside over this hearing, and she agreed that if the Council is of the opinion that the Mayor is not doing her duty, five votes can overrule her opinions. Council Member Pruet pointed out that the City Charter is quite clear in that this is the City Council's responsibility; Mayor Turner is very able to conduct a fair hearing; Mr. Kelly is suggesting that this should be under some court system other than the City Council; but the Charter is very clear that the Council is the body to conduct the hearing. He agreed that the procedures need to be clear and concise in regard to what items should be presented to the Council at the hearing. lutes „egular Council Meeting November 3, 1987 Page 25 Mr. Kelly stated that he would be willing to have the hearing as early as November 10 if he could obtain the items that he had requested. He stated that he still had a question as to who will be advising the Mayor and objected to the fact that obviously it would be City Attorney George who also will be a party to the matter as a representative of the City. He stated that he did not question Mayor Turner's integrity, but he did question her remarks. Council Member Slavik pointed out that this is not a court of law, but she felt that the public will judge the Council Members on their actions. She stated that she is concerned about the documents that Mr. Kelly has asked for and did not understand why he cannot have them since he does have the burden of proof. She suggested that the City work with him to get the documents that he needs. Mayor Pro Tem Rhodes stated that she did not see that there was a problem in having Mr. George acting as the City Attorney and representing the City and also advising the Mayor and the Council. Mr. Kelly explained further that there are three parties to the matter and the procedure calls for the petitioners to present their case; then City Attorney George will present the City's case; and then Council Member Mendez' attorney will present their case. He questioned how Mr. George could decide what is admissible or what is not since he is a party to the case. He stated that the assumption has been made that Mr. George is going to conduct the investigation, but he would like to conduct his own investigation since it is really his case to prove. City Attorney George referred to Mr. Kelly's repeated remarks that he could not give a fair or unbiased opinion in advising the Mayor and the Council. He referred to lawsuits filed in other cities that addressed the issue of bias. He stated that it had been determined that there was no bias. He referred to another case involving the School Board in Robstown in which it was ruled that remarks made by the School Board did not reflect bias either. He assured Mr. Kelly that there has been no bias by himself or the City Council Members. Mr. George continued by stating that as City Attorney he will be responsible for advising the City Council. He referred to the previous hearing involving former Council Member Jack Dumphey and stated that the rulings were made by the Mayor in that hearing. Council Member Guerrero also referred to the Dumphey case and noted that there was never a question or a vote by the City Council on admission of evidence. City Attorney George responded by stating that apparently the Council at that time did not feel that any ruling should be challenged. lutes ..egular Council Meeting November 3, 1987 Page 26 Council Member Guerrero continued and expressed concern with the fact that in the Dumphey case, there was never any question raised and it appeared to be a "kangaroo court." He stated that the evidence issue is still one that should be resolved as to whether an attorney can object to the admission of evidence. City Attorney George stated that there is a need to cut off so-called evidence that is not relevant to the case being considered by the Council. He noted that that is no different from any other Council meeting on issues they are considering because there must be an orderly procedure. He summarized by stating that the Mayor will make the rules, but the Council has the right to ask questions also. Council Member Guerrero stated that suspicion has already been leveled at this City Council and inquired why he and Council Member Slavik were not on the list to be subpoenaed. Mr. Kelly responded that they did not vote on the ordinance. Mr. Kelly then referred to a letter dated October 30 from Hal George to him in which Mr. George asked for a list of persons that he wished to be subpoenaed, any documents he wished to have at the hearing, and any questions he wished the City Attorney to ask. He stated that the outline set up by Mr. George indicates that the City Attorney will conduct the investigation. Mr. Kelly stated that he wished to do his own investigation in order to remove Mr. Mendez from the Council. Council Member Moss stated that the City Council will conduct a fair hearing within the laws that frame their latitude and the Council will need advice from City Attorney George because they are not attorneys. Mayor Pro Tem Rhodes stated that she had one more question and inquired what recourse the Council has if someone who is subpoenaed refuses to appear. City Attorney George explained that generally they can be charged with contempt, but he did not know what the Council could do other than to levy a $200 fine. Mr. George admitted that he is not satisfied with that and he will continue to research this question. Mr. Kelly interjected that if someone who is subpoenaed refuses to respond and does not show up at the hearing, one can only assume that they have something to hide. Council Member Slavik stated that the Council does not want a kangaroo type of hearing and inquired of Mr. George if he could not work with Mr. Kelly on the subpoenas, also questioning why Mr. Kelly could not subpoena witnesses himself. lutes ..egular Council Meeting November 3, 1987 Page 27 Mr. George responded by stating that is something that needed to be discussed. He pointed out that Mr. Kelly had a good point in that some of the people may refuse to provide those documents under the advice of their attorneys. He reiterated that the Charter says that the burden of proof must be made by those bringing the charges. He also referred to the question Mr. Kelly had raised in regard to documents that he had requested. He stated that those types of documents usually go to the court but perhaps in this situation they could be sent to the City Secretary's office if Mr. Kelly objected to their being presented to the City Attorneys office. Mayor Pro Tem Rhodes suggested that these issues needed to be decided now. Council Member Pruet stated that he had received copies of a number of letters from Mr. George to both Mr. Morales and to Mr. Kelly, and throughout the documents there were many offers of cooperation. He stated that he did not think that the Council would allow the City staff not to cooperate with both sides in this hearing. He agreed with Mayor Pro Tem Rhodes that procedures need to be established as soon as possible. A motion was made by Council Member Strong that all subpoenaed information be sent to the City Secretary's office and that only the three attorneys would have access to that information. The motion was seconded by Council Member Slavik. Council Member Pruet inquired if it would not be more appropriate for these matters to be discussed by the two attorneys and Council Member Mendez' attorney. He pointed out that Mr. Mendez' attorney is not even present and he felt that all three should be allowed to set the ground rules. Mr. Kelly stated that it is satisfactory with him for the items to be sent to the City Secretary's office. The question was called on the motion, and Council Member Strong stated that she would like to add, "with the understanding that Mr. Adams could object if he desired." City Attorney George stated that that is the usual procedure. Mr. George then suggested that before any decisions are made, the Council might wish to go into closed session because he would like to show them some of the requests that Mr. Kelly has made. A motion was made by Council Member Moss that this be tabled until after they go into closed session. The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong, voting "Aye"; Rhodes voting "No." lutes .,egular Council Meeting November 3, 1987 Page 28 Mayor recessed the Regular Council Meeting in order to go into the Special Council Meeting for the purpose of conducting the closed meeting at 2:55 p.m. Mayor Turner reconvened the Regular Council Meeting at 3:19 p.m. Mayor Turner addressed Mr. Kelly and stated that the Council had made the decision that attorneys Hal George, John Kelly and Larry Adams meet to establish procedures, and if there are things on which they cannot agree, they will be brought to the City Council next Tuesday for a final decision. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager McDowell referred to Item 5 on the Council agenda which had been withdrawn during the morning portion of the meeting and stated that he had a memorandum from Mr. Victor Medina with answers to the questions posed on that item pertaining to the purchase of Parcel 16 located at Surfside Boulevard at Canal Avenue. He pointed out that the portion of the street had been closed on May 2, 1984 because right-of-way was not needed. He also stated that the Real Estate Appraiser, Mr. Thomas Dorsey, has the highest designation from the American Real Estate Appraisers and credentials from the Master Appraisal Institute and is well qualified in this line of work. Mr. McDowell continued by stating that Parcel 16 has been appraised at $58,200, or $14.51 per square foot. Council Member Strong pointed out that in 1984 the Council was under the impression that the Aquarium would be located either on the T -Head or on the proposed new landmass and had no idea that the Aquarium would be located on Corpus Christi Beach. Council Member Guerrero pointed out that one of the members of the Board of the Aquarium is the sister of the person who owns the property. (Mr. Guerrero later changed that statement to provide information that the member of the Board is the ex-wife of the owner of the property.) Council Member Slavik pointed out that that property was not appraised at $14.51 per square foot by the Tax Office, and she is concerned about this property being appraised at ten times the amount which is listed on the tax roll. Mr. McDowell stated that he did not know what it is appraised on the tax roll; the property needs to be acquired for the Aquarium; and he agreed that it is unfortunate that it happens to be property that formerly belonged to the City. Mr. McDowell suggested that with these questions clarified, the Council consider passage of that motion. A motion was made by Council Member Pruet that Item 5 be approved, seconded by Council Member Strong and passed by the following vote: Turner, Berlanga, Mendez, Moss, Pruet and Strong, voting "Aye"; Guerrero, Rhodes and Slavik, voting "No." autes ..egular Council Meeting November 3, 1987 Page 29 Mr. McDowell referred to two other memos from Mr. Medina explaining questions that had come up in regard to Items 7 and 10 which were on the Council agenda. * * * * * * * * * * * * * Mayor Turner then called for the Council liaison reports. Council Member Strong stated that a contingent of local officials went to Florida to examine a boat pass and stated that she would like to present to the Council a written report on this matter next week. Council Member Berlanga stated that on November 10 the Farmer's Market will open; it will continue to be open on Wednesday and Friday; the Sheraton Marina Inn has volunteered space for this purpose on a temporary basis. Economic Development Corporation - Council Member Mendez referred to a report of the items discussed last week which had been presented to the Council. Regional Transit Authority - Council Member Moss invited the Council to attend the meeting with him on Wednesday at 7:00 a.m. Convention and Visitor's Bureau - Council Member Pruet stated that a bilingual education workshop was recently conducted in this City and that it was a very successful regional meeting. He stated that at the present time consideration is being given to this site as the location of an international bilingual education meeting. He noted that the Convention and Visitor's Bureau is working very hard and had recently conducted a retreat for the directors. Council Member Slavik referred to the Intergovernmental Task Force and pointed out that there is a need to appoint that committee. Mayor Turner responded to this by suggesting that as early as possible, that a workshop session be scheduled for a morning meeting within about three weeks to discuss the status of the Action Agenda, and that task force would be a part of that discussion, and also to consider a progress report on the budget. Council Member Slavik also asked about seating in certain areas of the airport, and City Manager McDowell stated that the seating will be alleviated by the purchase of furniture. Council Member Slavik suggested that folding chairs might be utilized in the American Airlines area, and Mr. McDowell stated that this will be addressed. Council Member Guerrero referred to the invitation to the Council Members to attend the opening of the new Montgomery Ward store in Sunrise Mall. lutes _.egular Council Meeting November 3, 1987 Page 30 Council Member Guerrero stated that he would like to schedule the appointment of a new member to the Port of Corpus Christi Authority on November 24, 1987. The Council did not object to this request. City Manager McDowell inquired about the location for the hearing on Council Member Mendez, noting the lack of space for tables in the Council Chamber. Council Member Moss suggested that it should be conducted in the Council Chambers. There being no further business to come before the Council, on motion by Council Member Moss, seconded by Mayor Pro Tem Rhodes and passed unanimously, the meeting was adjourned at 3:38 p.m. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of November 3, 1987, which were approved by the City Council on November 10, 1987.6 WITNESSETH MY HAND AND SEAL, this the / day of /14-7/ / / X 7 ,etty T ner, MAYOR Armando Chapa, City Secretary City of Corpus Christi