Loading...
HomeMy WebLinkAboutMinutes City Council - 04/05/1988MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 5, 1988 9:00 a.m. PRESENT Mayor Betty Turner Mayor Pro Tem David Berlanga, Sr. Hall. Council Members: Clif Moss Bill Pruet Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Absent Leo Guerrero Mayor Turner called the meeting to order in the Council Chamber of City The invocation was given by City Secretary Chapa following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Rhodes. A motion was made by Council Member Rhodes that the Minutes of the Regular Council Meeting and Workshop Meeting of March 29, 1988 be approved as presented; seconded by Council Member Strong and passed unanimously; Berlanga absent at the time the vote was taken; Guerrero absent. Council Member Schwing introduced Mr. Dick Bowers, Chairman of the Area Economic Development Corporation for 1988. Mr. Bowers brought the Council up to date on the first eighteen months of the operation's existence and gave a brief explanation of their goals and objectives. He stated that they have been operating eighteen months with funding from the City, County and the private industry; they have made a commitment to the three governmental funding agencies that they would bring significant private monies to the organization; and their goal this year is $200,000. He noted that one of the real goals of the Economic Development Corporation has been to attempt to try to understand what they are or should be as an economic entity. Mr. Bowers stated that he believes that Corpus Christi should become a regional retailing center, a regional health center, a regional transportation center and a tourist destination, noting that the City must become a regional manufacturing processing and assembly center. Mr. MICROFILMED Si Minutes Regular Council Meeting April 5, 1988 Page 2 Bowers also gave a brief progress report on what the Economic Development Corporation has been able to accomplish. Mayor Turner and members of the Council expressed appreciation to Mr. Bowers for his time and effort. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mr. Chapa informed the Council that Council Member Guerrero will be absent from the Council Meeting because he is out of town on business. A motion was made by Council Member Pruet to excuse Mr. Guerrero from the Council Meeting; seconded by Council Member Strong and passed; Rhodes voting, "No." Mayor Turner and City Manager Garza presented Mr. Dan Hobbs, Management and Budget Director, with a Government Finance Officers Association Award for Distinguished Budget Presentation. Mr. Hobbs introduced members of his Staff and noted that this is the first time that the City has received this award. Mayor Turner recognized Ms. Lilly Flores -Vela, Honorary Chairman of the "Week of the Young Child," who stated that it is important that the public be aware of the young children in Corpus Christi and noted that there will be a documentary on PBS television on April 13 on "Who Cares for America's Children." Mayor Turner presented a Proclamation designating April 10 - 16, 1988 as "Week of the Young child." Children from the 2nd Baptist Church, being the future citizens of Corpus Christi and America, presented the Council with buttons and stickers. Mayor Turner recognized Ms. Sissie Sweeney, President of the Gulf Coast Humane Society, and presented her with a Proclamation designating April, 1988 as "Prevent a Litter Month." Mayor Turner read a Proclamation designating April 2 - 9, 1988 as "National Community Development Block Grant Week," and Assistant City Manager Elizondo explained that the primary intent of this program is to principally serve low and moderate income individuals. Attorney William F. Wallace, Jr. presented the Council with a proposed Resolution requiring that all employees of the City of Corpus Christi render aid in emergency situations. Mayor Turner expressed appreciation to Mr. Wallace and noted that the proposed Resolution will be submitted to the City Attorney for review, and he will get back with Mr. Wallace with his recommendations. * * * * * * * * * * * * * * - d Minutes Regular Council Meeting April 5, 1988 Page 3 Mayor Turner referred to the Board & Committee Appointments. The following appointments were made: Building Standards Board Citizens Advisory Health Board Ben Grande, Jr. (Reappointed) Joyce Fox Mechanical Advisory Board Transportation Advisory Board Zernie Smith Ignacio Trevino Mayor Turner called for consideration of Consent Motions 1 and 2. Council Member Rhodes referred to Motion No. 1 pertaining to Council Liaisons for City's Advisory Committees and stated it was not the intended role of the liaison to sit in on any of the meetings, but to provide a vehicle for the Board to cut through the red tape provided by Staff if they wanted to convey something directly to the Council. In reference to Item No. 2 pertaining to the Aquarium Land Acquisition - Parcel 11, Council Member Slavik inquired about the price for this parcel, and Victor Medina, Engineering Services Director, stated that the City had appropriated money for all of those parcels in one sum, and that the appraiser had appraised that property for $158,500. Mrs. Slavik requested that she be provided in her packet information on the amount left in the fund. A motion was made by Council Member Rhodes to approve Motions 1 and 2; seconded by Mayor Pro Tem Berlanga and passed unanimously; Guerrero absent. 1. M88-0077 Appointing Council Liaisons for City's Advisory Committees. 2. M88-0078 Acquisition by condemnation of Parcel 11 for the Aquarium project be ratified. Parcel 11 is located on Surfside Boulevard between Bennett Street and Canal Avenue and has been acquired for $175,000. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings, and Council Members requested that Items 3, 4, 5, 9 and 10 be withheld for discussion. There were no comments from the audience on the other items. i Minutes Regular Council Meeting April 5, 1988 Page 4 City Secretary Chapa polled the Council for their votes and the following were passed: 6. RESOLUTION. NO. 20261 ACKNOWLEDGING THE QUALIFICATION FOR EXEMPT LICENSE PLATES UNDER ARTICLE 6701m-2 V.T.C.A. FOR VEHICLES UTILIZED BY THE CITY OF CORPUS CHRISTI FIRE DEPARTMENT ARSON INVESTIGATORS AND AUTHORIZING THE FIRE CHIEF TO SIGN TEXAS STATE DEPARTMENT OF HIGHWAY FORMS 62A AND D12-119. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 7. RESOLUTION NO. 20262 APPROPRIATING $54,449.84 OUT OF THE VARIOUS BOND FUNDS FOR REIMBURSEMENT TO THE 102 GENERAL FUND FOR ACCOUNTING AND COLLECTION SERVICES. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 8. RESOLUTION NO. 20263 APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 11. ORDINANCE NO. 20266 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BRANT'S PLACE, INC. DBA RIVIERA REDS SEAFOOD FOR THE OPERATION OF A FRESH AND FROZEN SEAFOOD AND ALLIED SPECIALTIES CONCESSION AT THE AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. In reference to Items 3 and 4 pertaining to the Al Kruse and H.E.B. Tennis Centers Professional Contract, Mayor Turner inquired about the discrepancy in the salaries, and Assistant City Manager Hennings replied there is a difference between the two salaries because H.E.B. is a larger operation; it has more staff; and more costs are associated with it. Minutes Regular Council Meeting April 5, 1988 Page 5 Council Member Rhodes requested an explanation regarding the tennis pro, and Mr. Hennings stated that the tennis pro is the person who is in charge of the tennis centers. He stated that not only does he perform the pro functions, but schedules the courts, collects the court reservation fees, sells the goods and services in the pro shops, food and beverages, etc. In reference to Item No. 4, Council Member Slavik requested clarification of Mr. Robert C. Mapes' salary, and Mr. Hennings stated that the arrangement with Mr. Mapes before he retired as a City employee was that he received a salary of $21,000, and in addition to that, there was an assistant pro for $3,000. Mr. Mapes conducted the business at the tennis center and kept 95% of the proceeds on the sales of the goods in the shop, plus 100% of the sales in lessons and wholesale sales, and Staff estimates that his income was approximately $100,000 a year. Mr. Hennings continued by stating that under the proposed tennis pro contract, the City will pay Mr. Mapes about $2,600 per month; in return for that he will operate the tennis center, collect the fees, and remit them to the City. He stated that there is an incentive provision that once the fees paid for the use of the courts exceed $30,000, then Mr. Mates would keep 57 in excess of that. He stated that Mr. Mapes would also pay the City 5% of his gross on sales in the pro shop, food and beverages, tennis lessons, etc. Council Member Schwing inquired if the tennis pro is in charge of the people that maintain the courts, and Mr. Hennings replied that he is not; the Park and Recreation Department is responsible for the maintenance; the pro is responsible for the cleanliness; and his responsibility does not include maintenance. Mr. Hennings stated that there is not enough maintenance work there to keep a full-time maintenance staff so the work is done on a work -order basis. Council Member Pruet noted that these tennis centers are truly outstanding tennis facilities that have attracted national and Southwest Conference tournaments. He stated that it is an economically productive program and the City's tennis programs are very well respected throughout the United States. Mayor Turner noted that when there is a vacancy on the Park and Recreation Board, the tennis association would appreciate representation. Council Member Strong stated that Bob Mapes is largely responsible for the reputation that the City enjoys in the tennis world in this country; he has given years and years to further tennis in Corpus Christi and tennis in general; and he is an asset to the City. Mayor Turner suggested inviting Mr. Mapes to a Council Meeting so that he could be publicly commended. Minutes Regular Council Meeting April 5, 1988 Page 6 In reference to Item No. 5 pertaining to the Yorktown Boulevard Waterline Extension, Council Member Moss inquired why it takes eleven weeks from the day the bids were opened to award a contract, and Victor Medina, Engineering Services Director, stated that the reason the contract was not awarded is that the City had an agreement with Southwestern Bell Telephone Company and they had not yet contributed their money, and City Manager Garza explained that the money has to be in hand in order for the Staff to make the recommendation to the Council to award a contract. In reference to Item No. 9 pertaining to the Bayfront Science Park Expansion Parcel 8, Council Member Slavik inquired how much is currently in the Economic Development Trust Fund, and Assistant City Manager Utter stated that in terms of the specific allocation for an art area and expansion of the area behind Heritage Park, before this appropriation is taken out, there will be $126,000 in just those line items. He referred to the overall Economic Development Trust Fund and stated that Staff just issued a new financial report which will be provided to the Council. Mrs. Slavik inquired how many divisions were in the Economic Development, and Mr. Utter replied there were about fourteen with some sub -categories. Mayor Turner noted that she will be abstaining on Item No. 10. Mayor Turner called for comments from the audience and there were none. City Secretary Chapa polled the Council for their votes and the following were passed: 3. RESOLUTION NO. 20258 AUTHORIZING THE EXECUTION OF A CONTRACT WITH DR. SHELBY F. TORRANCE FOR THE OPERATION OF THE AL KRUSE MUNICIPAL TENNIS CENTER. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 4. RESOLUTION NO. 20259 AUTHORIZING THE EXECUTION OF A CONTRACT WITH ROBERT C. MAPES FOR THE OPERATION OF THE H. E. BUTT MUNICIPAL TENNIS CENTER. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. Minutes Regular Council Meeting April 5, 1988 Page 7 5. RESOLUTION NO. 20260 AUTHORIZING THE EXECUTION OF A CONTRACT WITH BACKHOE LEASE SERVICE, INC. FOR THE EXTENSION OF A 12 -INCH DIAMETER WATERLINE ALONG YORKTOWN BOULEVARD FROM CIMARRON BOULEVARD TO WEST LOGAN AVENUE; APPROPRIATING $86,969. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 9. RESOLUTION NO. 20264 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 8 IN CONNECTION WITH THE BAYFRONT SCIENCE PARK EXPANSION; AND APPROPRIATING $23,605. The foregoing Resolution passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. 10. ORDINANCE NO. 20265 CLOSING AND ABANDONING A 10 -FOOT WIDE BY 150 -FOOT LONG UTILITY EASEMENT ALONG THE COMMON LOT LINE OF LOTS 2 AND 36, BLOCK 2, KOOLSIDE ADDITION, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Turner abstaining; Guerrero absent. * * * * * * * * * * * * * In reference to Item No. 8 pertaining to the publication of notice of intention to issue Certificates of Obligation for the Aquarium Project and Corpus Christi Museum Project, City Manager Garza informed the Council that the Council Meeting on April 26 will occur in the afternoon and that the time on the notice of intention will be changed to 2:00 p.m. Mayor Turner called for consideration of Item No. 12 pertaining to the appeal of the Building Standards Board ruling of January 15, 1988 by Ms. Louise Vickers, owner of the property at 1711 Paul Jones. Rudy Gonzalez, Director of Housing and Community Development, explained the condition of the property and displayed slides of the site location and structure. He stated that Staff recommends that the Building Standards Board order of January 15, 1988 be upheld; the owner's request for appeal be denied; and that the owner be required to either start repairs, demolition, sell or transfer the property within 120 days; and should the owner begin repairs, then an additional 120 days be allowed to repair the structure to City code standards; and if no action is taken within 120 days, the City be authorized to demolish. He stated that considerable time has elapsed since the owner was Minutes Regular Council Meeting April 5, 1988 Page 8 notified of the building code violations and no actions have been taken to correct or abate the substandard conditions. Discussionby the Council Members followed, and a motion was made by Council Member Pruet to deny the appeal of Ms. Louise Vickers and to allow the Building Standards Board to move forward. The motion was seconded by Council Member Strong and passed unanimously by those members present and voting; Schwing absent at the time the vote was taken; Berlanga abstaining; Guerrero absent. Council Member Slavik requested that she be provided an update on the old courthouse. Mayor Turner called for consideration of Item No. 13 pertaining to the McKenzie Road Extension. Council Member Slavik inquired when the developer plans to plat the remaining lot and street right-of-way and inquired if the City could wait on this, and Victor Medina, Engineering Services Director, replied he does not know when the developer plans to plat, and that the City needs to move ahead for safety and liability reasons. He stated if the City waited, they would probably save the cost of the property. He stated that the Staff has spoken to the owner of the land and he does not wish to develop it at this time. He stated that the total will cost $100,000; ninety percent of the improvements will be assessed; and that the bottom line to the City will be about $50,000. Council Member Slavik expressed concern and noted she would prefer to wait on this, and Assistant City Manager Garza pointed out that street has been in that condition for two years; there have been emergency situations; and it is the Staff's recommendation to proceed. Council Member Moss inquired if the City needs this, why they can't put a lien on the property for the developer to pay it in the future with interest, and Mr. Medina stated that is what the City is doing and will turn around and assess the property. In answer to a question from Council Member Moss, City Manager Garza stated that the cost to the City, adjusting for inflation, is going to be the same if it is done now or later. He stated that it is a special assessment project and that is how the City will recapture the share of the private benefit costs, and that if there is private benefit involved, the City would charge that to the abutting property owners, and that is what the City is doing. Mr. Garza gave a brief explanation of special assessments. Council Member Moss expressed concern why the City cannot get all of the money back in the future, and City Attorney George stated there are two separate statutes; one of them, Article 1105, is assessments for paving, and the other is a platting requirement which is a different statute. Mr. George noted that the City cannot force someone to plat. He stated that under the assessment policy, the City can assess a certain percentage of it, and that is what the City is doing. Minutes Regular Council Meeting April 5, 1988 Page 9 In answer to a question from Council Member Moss about a lien, Mr. George stated there is no obligation to do that; the City cannot assess a lien without some statutory authority; there is no authority to impose a lien at this point; all the City can do is a paving assessment project; and that is what is recommended. A motion was made by Council Member Rhodes to authorize Staff to prepare plans and specifications and proceed with right-of-way acquisition for the extension of McKenzie Road between the High Ridge Estates and Castle River Unit 2 Subdivisions. The motion was seconded by Council Member Pruet and passed; Schwing absent at the time the vote was taken; Guerrero absent; Moss voting, "No." (M88-0080) * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: Christi: to "A-1" Landmark Addition, 565' east 14. Application No. C388-2, Landmark Commission of the City of Corpus For a change of zoning from "A-1" Apartment House District Apartment House District with a "HC" Historical -Cultural Preservation Overlay District on Lots 6 and 7, Block 5, Hampton located between Coleman Street and Furman Avenue, approximately of S. Staples Street. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of this application. There were no comments from the audience in opposition. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Strong and passed; Berlanga and Schwing absent at the time the vote was taken; Guerrero absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20267 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY DESIGNATING LOTS 6 AND 7, BLOCK 5, HAMPTON ADDITION, WITH THE HISTORICAL -CULTURAL LANDMARK DESIGNATION, IN ADDITION TO THE PRESENT ZONING DESIGNATION ON SAID PARCELS OR TRACTS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ZONING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Berlanga and Schwing absent at the time the vote was taken; Guerrero absent. Minutes Regular Council Meeting April 5, 1988 Page 10 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 15. Application No. 388-3, Mr. Mohammed Kamal: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 2.211 acres out of Lots 1 and 2, Saxet Community Center, located approximately 200' south of Leopard Street and approximately 140' west of Elmore Drive. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of this zoning application. Mic Raasch, Acting Director of Planning, located the area on the zoning and land use map and displayed slides of the vicinity. He stated that the property is located approximately 200' south of Leopard Street and approximately 140' west of Elmore Drive. He stated there were 35 notices mailed to property owners within a 200' radius, one was returned in favor and four were returned in opposition. Mr. Raasch explained the current and adjacent zoning. Mr. Roland Wollitz, 5118 Wooldridge Road, representing the applicant, stated that the owner feels this property being half residential and half commercial, with the residential portion being in the back with no street access, really has no value as residential and that he would like to make it all "B-4" so that he could put in on the market. Mr. Randolph Ramsey, 3746 North Saxet, representing the Saxet Heights Oak Park Neighborhood Association, stated that they do not object to the recommendation of the Planning Commission and Staff, but that they have one reservation and would like to see a contingency that would not permit the establishment of any additional topless bars and/or lounges in the neighborhood. Mayor Turner inquired about options the Council would have, and Assistant City Manager Elizondo stated that the "B-4" zoning allows the activities which Mr. Ramsey mentioned, and if the Council chose to specifically exclude that, there would have to be a Special Permit. Mr. Elizondo noted that there would be some concerns regarding a Special Permit. He stated that the Staff's recommendation is that the "B-4" is appropriate, and it includes a wide gamut of activities present on Leopard that are compatible to what exists there. Council Member Rhodes inquired about the concerns regarding the Special Permit, and Mr. Elizondo referred that certain specific activities would be deleted, i.e., selling beer, street sweeping, turning lights off at a certain time, and stated that the City would be placed in a situation where it would be Minutes Regular Council Meeting April 5, 1988 Page 11 difficult to have any kind of meaningful enforcement, but that it certainly would be at the Council's discretion. Council Member Strong inquired about the screening fence requirements, and Mr. Elizondo replied that a standard screening fence would be the only requirement, and Mrs. Strong noted that if a Special Permit were approved, the Council would have another option to go with the requirement of more than the standard screening fence. Mr. Elizondo reminded the Council to keep in mind that the restrictions that are placed with a Special Permit would affect the area that is cross -hatched. Mayor Turner inquired about other options, and Mr. Elizondo noted that specific activities could be deleted, operating hours could be restricted, and the City could require a fence and specific landscaping -- all the things that are normally available with a Special Permit. Discussion by the Council followed and Council Member Strong stated that she would have a problem with splitting the zoning and would rather see the City provide protection for the neighborhood but still allow the owner the most flexible options for developing the property. Mayor Turner inquired if the applicant would object to a Special Permit disallowing that one activity, and Mr. Wollitz stated that had not even been considered and that he thought the owner would not want any restrictions. He stated they were not aware of those concerns; the owner wants to sell this property; and he thought it would be better to have it all zoned as one type of property. Mr. Wollitz noted that he would have to ask Mr. Kamal. Ms. Elaine Carpenter, 445 Macleod, stated that her property is right next to the area in question and she objects to topless bars and beer joints. Ms. Martha Jane McGhee, 449 Macleod, stated that her property backs up to the property in question and she would like to see a reputable business established there and noted she objects to topless bars. A motion was made by Council Member Schwing to table this action for one week to allow Mr. Wollitz to talk with the applicant. The motion was seconded by Council Member Slavik and passed; Pruet voting, "No"; Guerrero absent. * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 16. Application No. 388-4, Memorial Medical. Center: For a change of zoning from "A-2" Apartment House District to "B-4" General Business District on Tract 1 and "I-3" Heavy Industrial District on Tract 2, on Tract 1 consisting of 19.94± acres, being 18.45± acres out of Share 9 of the Tyre Minutes Regular Council Meeting April 5, 1988 Page 12 Mussett 400 -acre tract and a portion of Lot 1 and all of Lots 2 through 12, inclusive, all out of the unnumbered Block, sometimes called Block 7, Tierra Alta Addition, and Tract 2 consisting of 0.23± acres out of Share 9 of the Tyre Mussett 400 -acre tract, located on the south side of Buford Street and the north side of Hospital Boulevard, between 19th and 25th Streets. Mayor Turner noted that the Planning Commission and Planning Staff recommend approval of Tract 1 and denial of Tract 2, and in lieu thereof, grant "B-4" with a "SP" for a medical heliport. Ms. Saldana, 1114 19th Street, spoke in opposition to the flight pattern of the helicopter and suggested a different route. Discussion followed and Council Member Strong noted that moving the heliport would be extremely difficult and that she did not think it could be done. She stated it is essential that it be as close as possible to the emergency room; the frequency averages less than one a day; it is essential that the City maintain the heliport; and that is the logical place for it. Mayor Pro Tem Berlanga pointed out that if this property is improved properly, it would improve the landing conditions pertaining to the helicopter. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Rhodes and passed unanimously; Guerrero absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE N0.20268 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MEMORIAL MEDICAL CENTER BY CHANGING THE ZONING ORDINANCE FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 AND FROM 'A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT WITH A "SP" SPECIAL PERMIT FOR A MEDICAL HELIPORT ON TRACT 2, TRACT 1 CONSISTING OF 19.94± ACRES, BEING 18.45± ACRES OUT OF SHARE 9 OF THE TYRE MUSSETT 400 -ACRE TRACT AND A PORTION OF LOT 1 AND ALL OF LOTS 2 THROUGH 12, INCLUSIVE, ALL OUT OF THE UNNUMBERED BLOCK, SOMETIMES CALLED BLOCK 7, TIERRA ALTA ADDITION, AND TRACT 2 CONSISTING OF A 0.23± ACRE OUT OF SHARE 9 OF THE TYRE MUSSETT 400 -ACRE TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Pruet absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Minutes Regular Council Meeting April 5, 1988 Page 13 Mayor Turner opened the public hearing on the following zoning application: 17. Application No. 388-1, Mr. Morris Cross: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lots 4 through 7, Block 1, Boulevard Place, located on the south side of South Padre Island Drive, approximately 510' east of Kostoryz Road. Mayor Turner noted that the Planning Commission recommends denial, and in lieu thereof, recommends granting a special permit for outside storage restricted to a height of 6', to be located within the concrete area between the buildings and wire fences, all outside lighting to be directed away from the adjacent residential area, and all unpaved areas and fencing to be maintained by the property owner; all of the above in accordance with the site plan submitted, and that the Planning Staff recommends denial. Mic Raasch, Acting Director of Planning, located the area on the general land use and zoning map and showed slides of the vicinity. He stated that the property is occupied by an auto mechanics shop on the northwest quadrant and by a roofing and dry wall company on the remaining three-fourths of the property. He stated that the auto mechanics shop is a permitted "B-4" use, however, the outside storage maintained by the roofing company is a zoning violation. He noted that there were 17 notices mailed to property owners within a 200' radius, none were returned in favor and five were returned in opposition. Mr. Raasch explained the adjacent zoning and land use. Mr. Raasch noted that the 20 percent rule is in effect noting that seven affirmative votes will be needed to pass the ordinance. Council Member Rhodes inquired about the Staff's objection, and Mr. Raasch stated that Staff's concern is in regard to allowing industrial use in an area that complies with general business uses. Mr. Raasch noted that the Staff does not object to the Special Permit for this particular usage. Council Member Rhodes inquired if the applicant objected to the Special Permit, and Mr. Larry Wenger, representing the applicant, noted that the applicant does not object to the Special Permit. A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Rhodes and passed unanimously. There were no objections from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20269 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MORRIS CROSS BY GRANTING A SPECIAL COUNCIL PERMIT FOR OUTSIDE STORAGE ON LOTS 4 THROUGH 7, BLOCK 1, BOULEVARD PLACE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 5, 1988 Page 14 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Mayor Turner noted that she will disqualify herself from Item No. 18 noting that her husband is the architect on this project. Mayor Pro Tem Berlanga opened the public hearing on the following zoning application: 18. Application No. 388-7, Mr. Paul York: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on a portion of Lots 1R, 3R, 4R, and 5R, George J. Merriman Subdivision, located on the southeast corner of Weber Road and Delphine Street. Mayor Pro Tem Berlanga noted that the Planning Commission and the Planning Staff recommend denial, and in lieu thereof, grant a Special Permit for automotive sales and repair with seven conditions. Mr. Earl Gordon Carter, 4957 Nell, noted that he had presented a petition to the Planning Commission. He referred to Item No. 3 in the Special Permit and stated that the residents on Delphine Street would like for the fence to be brick instead of stucco. Mr. Arthur Sosa, the architect representing the applicant, stated that they have no objection to the brick fence. A motion was made by Council Member Rhodes to delete the word stucco under Item No. 3. The motion was seconded by Council Member Strong and passed; Pruet voting, "No"; Guerrero absent; Turner abstaining. Mic Raasch, Acting Director of Planning, noted that the twenty percent rule is in effect and in reference to the motion, he suggested that it be made subject to an acceptable site plan. Council Member Rhodes amended her previous motion to delete the stucco fence by adding the statement "subject to submission of an acceptable site plan." The motion was seconded by Council Member Strong and passed; Pruet did not vote; Guerrero absent; Turner abstaining. Mr. Harry Keen, Jr., 3513 Tiger Lane, noted that the residents do not want the change from "B-1" to "B-4" zoning. He read a petition signed by 26 property owners and noted that they are opposed to any zoning change concerning Delphine Street. Mr. Keen presented photographs of the area and noted that they are not objecting to the car lot but that they want Delphine Street to remain a residential street. Minutes Regular Council Meeting April 5, 1988 Page 15 Council Member Strong noted that the first two conditions that are listed in the support material the Council received says that #I. that the applicant will replat the property and remove the driveway; and 112. parking will not be allowed on Delphine Street. She inquired if Mr. Keen accepted those conditions, and he replied in the affirmative but reiterated again that he wants the street to remain residential. Mrs. Strong noted there are seven conditions that are listed in the Special Permit which specifically list all the exclusions that will protect the neighborhood. Council Member Slavik inquired about a fence and Mr. Raasch noted there will be a fence and it will eliminate all of the congestion. Mr. Earl Carter spoke again and stated they would appreciate it if the Council would recommend that there be no parking on that side of Delphine Street from Weber Road to Marion Circle, and Mr. Raasch noted that those conditions are stipulated in the Special Permit. A motion was made by Council Member Rhodes to close the public hearing; seconded by Council Member Pruet and passed unanimously; Turner abstaining; Guerrero absent. Council Member Pruet made a motion to grant a special permit upon application of Mr. Paul York for automotive sales and repair with 7 conditions including the requirement that the property be replatted prior to final City Council action, on a portion of lots 1R, 3R, 4R, and 5R, George J. Merriman Subdivision. The motion was seconded by Council Member Rhodes and passed unanimously; Turner abstaining; Guerrero absent. (M88-0081) Note: The Ordinance is withheld until the replat has been filed for record in the County Clerk's office. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza officially announced the appointment of Mr. Brandol M. Harvey as Planning Director for the City of Corpus Christi. He noted that Mr. Harvey has served as Director of the Department of Planning for the City of Newport News, Virginia. Mr. Garza referred to the Griffith Study and noted that the City has received the draft and the Staff has given them instructions to proceed with a final report. He noted that the recommendations will be brought to the Council about the 19th of April. Fire Chief J. J. Adame gave a brief report on the rash of arsons occurring in the City. He stated that they have managed to clear some of the cases but some are still under investigation. Minutes Regular Council Meeting April 5, 1988 Page 16 City Secretary Chapa referred to the memo which the Council received pertaining to a proposed presentation on the Kennedy Causeway Master Plan and inquired if the Council had any objections to scheduling the presentation for the morning workshop of April 12th, and the Council gave their concurrence. Mr. Chapa noted that also scheduled during the workshop is the Police Communication System and the Strategic Action Agenda. Council Member Moss inquired what action has been taken about the parking meters, and City Manager Garza noted that the Staff is studying the matter but has not yet made any recommendations, and Assistant City Manager Garza noted that the Staff is working on a report and the recommendation will be brought to the Council in about a week. Council Member Moss inquired about the status of Mrs. Prichard's request for a report on the EMS Policy, and City Manager Garza noted that the report was submitted to him yesterday and will be forwarded to the Council this week. Mr. Garza indicated that he will provide Mrs. Prichard with a copy of the report. In reference to the Mayor's update, Mayor Turner noted that some of the Council will be going to Monterrey, Mexico and that there will be a banquet on Monday evening, April 18th. She inquired if the Council had any objection to scheduling the Council Meeting of April 19th at 2:00 p.m. instead of 9:00 a.m., and the Council gave their concurrence. Mayor Turner noted that Mr. Terrell Blodgett will give his presentation in the morning of April 26st. Mayor Turner encouraged the Council Members who would like workshops to submit their workshop subjects to the City Manager. City Manager Garza noted that the Staff will place the workshop for the traffic signals on the list for future workshops. He referred to an item brought up at last week's Council Meeting concerning narrowing down the timeframe on the agenda and suggested that it could be done by going back to the workshop meetings and then having the regular Council Meeting in the afternoon. He stated in that way the audience could participate at approximately 5:00 p.m. Council Member Strong expressed the opinion that she feels a real loss with the discontinuance of the workshop meetings because the Council has lost communication with the Staff. She noted she would like to see the workshops reinstated, and Mayor Turner noted that the workshops were changed because of the new Charter. Mayor Pro Tem Berlanga pointed out that if the time for the Council Meetings is changed, it should be advertised to inform the public. Council Member Rhodes noted that she would like to have Mr. Terry Whitmire's presentation moved up because it would be pertinent to the budget, and the Council concurred that Mr. Whitmire's presentation will be on April 12th at 2:00 p.m. Minutes Regular Council Meeting April 5, 1988 Page 17 Council Member Schwing requested if the Council could be provided with a list of all the workshops which the Council Members requested, and City Manager Garza noted that the Staff will do that so that the Council Members can select the topics in whatever order they want them to appear. Mayor Turner called for liaison and other reports from the Council. Downtown Revitalization - Mayor Pro Tem Berlanga noted that the new Director took office on Monday and on this Thursday from 4:00 to 6:00 p.m. there will be a celebration to honor the event and he invited the Council Members to attend. Port Authority - Council Member Rhodes noted that she will check to see if she can get an update on the containerization at the Port, and Mayor Turner suggested that Mrs. Rhodes get an update on the cruise line. Regional Transit Authority - Council Member Moss noted that there will be a meeting tomorrow at 8:00 a.m. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Jack Solka, 6262 Weber, expressed concern regarding the City's putting out for bids a 7,000 square feet building to be located on the site of the City/County health facility. Mr. Solka referred to this as a turnkey construction bid basis and stated he does not think it is in the best interest of the City. He stated this is a situation in which the City is asking a contractor to prepare drawings and bids on a building where he hires an engineer and an architect to work for him and not directly for the City not protecting Mr. Solka's interest as a citizen, as far as the quality of construction, etc. Mr. Solka stated that he thinks this is a real problem and urged the City to withdraw the request for bids. Council Member Moss noted that he has received some phone calls regarding this from Mr. Morgan Spear and would like to set up a meeting today or tomorrow with Mr. Solka, Mr. Garza, Mr. Spear and himself. Mayor Turner asked Mr. Solka if he had spoken to the City Staff, and Mr. Solka replied he had spoke with Victor Medina and that he has his views on why the City is going this route. City Manager Garza noted that this is an interesting approach to try to get things done faster than the City normally does and he explained the procedure. He stated that this approach is one that was used for the TexMex Depot which worked quite well and everyone was pleased with the results. He stated it cuts the amount of time considerably in getting work done. He noted that there Minutes Regular Council Meeting April 5, 1988 Page 18 are some concerns but that the City would maintain a level of control on the quality of the project. Discussion on this subject followed by the Council and Mr. Garza read the Council the total requirements and noted that he understands the concerns and will examine the matter very closely. Council Member Schwing noted that he thought there is nothing wrong with professionals having to bid for services, and that there are some things that the Staff can do to insure that the City's and the citizens' interests are protected in services like these. Mrs. Saldana spoke again in reference to the traffic lights on Morgan in the vicinity of Memorial Hospital. She noted that the lights just blink and she would like them to work properly all through the night, and Mayor Pro Tem Berlanga explained that presently there is an investigation into this matter and that he is sure the matter will be taken care of shortly. Mr. Ken Painter, 5309 Ponderosa, Executive Director of the Association of Contractors of America, concurred with the remarks of Mr. Jack Solka and suggested that the Council really study this matter and suggested that the City stay with awarding contracts to the lowest and most qualified bidder. Mr. Arthur Sosa, architect for Jack Rice Turner, noted that they have certain requirements that they work under as architects, and that they do not bid professional services. He stated you don't take low bids for architectural services if you don't have a qualified architect. Mr. Jack Solka spoke again and stated that when the City Staff chooses to select a turn bid based on price, appearance, materials, etc., they are opening themselves up to a lot of criticism. Mayor Turner inquired if this project is going to move forward or be deferred, and City Manager Garza replied it will be deferred for the time being. Council Member Rhodes urged the Council Members to attend the kick-off at the Fire Station on Morgan for the burn victims in reference to the recycling. There being no further business to come before the Council, on motion by Council Member Schwing, seconded by Mayor Pro Tem Berlanga and passed unanimously, the Council Meeting was adjourned at 12:03 p.m. on April 5, 1988. * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Workshop Council Meeting of the City of Corpus Christi of April 5, 1988, which were approved by the City Council on Aprij 12, 1988. 111 WITNESSETH MY HAND AND SEAL, this the 4 r day of tty Turne , MAYOR City Secrary Christi