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HomeMy WebLinkAboutMinutes City Council - 05/03/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Hall. Council Members: Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 3, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Absent David Berlanga, Sr. Mayor Turner called the meeting to order in the Council Chamber of City The invocation was given by Council Member Guerrero following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Pruet. 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. A motion was made by Council Member Guerrero to excuse Council Member Berlanga from the Council Meeting. The motion was seconded by Council Member Slavik and passed unanimously. A motion was made by Mayor Pro Tem Pruet that the Minutes of the Workshop and Regular Council Meetings of April 26, 1988 be approved as presented; seconded by Council Member Strong and passed unanimously by those present and voting. Mayor Turner acknowledged Paul Werner, Water Superintendent, and presented him with a Proclamation designating May 2-8, 1988 as "Water Utilities Awareness Week." Mayor Turner recognized Dr. Nina Sisley, Health Director, and presented her with a Proclamation designating May, 1988 as "High Blood Pressure Month." Dr. Sisley urged the Council Members and audience to have their blood pressure checked if they have not done so in the last year. MICROFILMED Minutes Regular Council Meeting May 3, 1988 Page 2 Mayor Turner recognized Mr. Chris Davis of the Convention and Visitors Bureau who introduced Mr. Guy LaRue, Associate Editor of Windsurf Magazine. Mr. LaRue noted that he is in the City doing a feature article on Corpus Christi and windsurfing, and he elaborated on the U.S. Pro Am National Sailboard Championship which will be held May 26-30. * * * * * * * * * * Council Member Schwing referred to the Board & Committee Appointments and made a motion that they be postponed one week in order for the Council to prepare better. The motion was seconded by Council Member Guerrero and passed unanimously by those present and voting; Berlanga absent. * * * * * * * * * * * * * Mayor Turner announced the bid opening on the Interior Finishing of Cafeteria Space at City Hall. Victor Medina, Engineering Services Director, opened bids on this project from the following firms: B. E. Beecroft, Inc.; Bracco Construction Company; L. & L. Construction Company; and Progressive Structures, Inc. Mr. Medina noted that all bidders had submitted the required bid security bond and acknowledged receipt of the addendum. Mayor Turner expressed appreciation to the bidders for submitting bids on the above project. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 3. In reference to Item No. 3 pertaining to the WIC Building, Council Member Rhodes requested an explanation on this item, and Assistant City Manager Garza presented some background information and noted that because of the timeliness of this project, the City needed to move quickly; it is a small project; and it can be done in-house. Mr. Jack Solka, 6262 Weber, expressed the opinion that with the concept of doing the project in-house; it is a good he does not think the City is set up staff -wise to perform service in-house. A motion was made by Council Member Rhodes to approve seconded by Council Member Strong and passed unanimously by voting; Moss voting, "No" on Motion No. 3; Berlanga absent. he does not agree sized project; and the architectural Motions 1 thru 3; those present and Minutes Regular Council Meeting May 3, 1988 Page 3 1. M88-0096 Approving a supply agreement for milk and miscellaneous dairy products with Borden, Inc., based on low bid for an estimated annual expenditure of $21,865.95. The term of the contract will be twelve months with an option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These items will be used for the Elderly Nutrition Program by the Senior Community Services. 2. M88-0097 Granting a 6 -month time extension to Michael R. Moore on the deadline for submission of a site plan for the pending special permit for a professional office and mini -storage warehouse development, waiving the 10' sideyard requirement along the south property line on Lot 1, Block 1, Airline Subdivision Unit 3. 3. M88-0098 Rejecting the bids received April 8, 1988, for the Women, Infants and Children (WIC) Nutritional Program Building. * * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances, Resolutions and Ordinances from previous meetings. There were no comments from the audience on any of the items. City Secretary Chapa polled the Council for their votes and the following were passed: 4. ORDINANCE NO. 20293 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY AMENDING SECS. 2-80, 2-81, 2-82, 2-83, 2-84, 2-85; AMENDING CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY AMENDING SEC. 12-42(1): PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. Minutes Regular Council Meeting May 3, 1988 Page 4 5. ORDINANCE NO. 20294 AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI TO CHANGE THE NAMES OF THE FOLLOWING BOARDS, COMMITTEES, AND COMMISSIONS: From To Airport Board Airport Advisory Committee Animal Control Advisory Board Animal Control Advisory Committee Food Services Advisory Council Food Services Advisory Committee Library Board Library Advisory Committee Museum Advisory Board Museum Advisory Committee Park & Recreation Board Park & Recreation Advisory Committee Transportation ADvisory Board Transportation Advisory Committee Mechanical Advisory Board Mechanical Advisory Committee Solicitations Commission Solicitations Advisory Committee Bay Drilling Committee Oil & Gas Advisory Committee Marina Board Water Shore Advisory Committee Cable Communication Commission Cable Communication Advisory Committee Municipal Arts Commission Municipal Arts Advisory Committee AND AUTHORIZING THE NAME CHANGE IN ALL SECTIONS OF THE CODE WHERE THE BOARDS ARE REFERENCED; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. Mayor Turner called for consideration of Item No. 6 pertaining to the Contract for Street Sweeping Services. A motion was made by Council Member Moss to reject the proposals received on February 26, 1988 for contract street sweeping services and continuing services at reduced levels by eliminating the residential and arterial streets, except for emergencies. The motion was seconded by Council Member Slavik and passed unanimously by those present and voting; Berlanga absent. (M88-0099) * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 7 pertaining to the Request by the Heart of Corpus Christi, Inc. to remove parking meters from the Downtown Retail Area. Mayor Turner noted that the City has been aggressively pursuing every opportunity and effort to support the revitalization of downtown and noted that that the City has agreed to give the Heart of Corpus Christi $75,000 a year for three years. She stated that she hates to see the City lose the revenue, but the City will not know what the effect the meters have on downtown business activity unless they try this. Minutes Regular Council Meeting May 3, 1988 Page 5 Council Member Rhodes expressed the opinion that she does not support the staff's recommendation, and stated that it does not seem fair for the City to be raising fees for softball leagues and marina slip rentals, and cut parking revenue in the downtown area. She stated that to single out one group does not make a lot of sense, and that she does not think it will save the City any money. Mayor Turner referred to the $3,500 cost for the hooding of the meters and stated that price is too high, and noted that there should be hoods left over from the Christmas season. City Manager Garza noted that the hoods from the Christmas season will not last, and that there may be some other alternatives. He noted that the meters have to be distinguished to make the public aware. Mr. Garza pointed out that the revenues for the parking system have been going steadily downhill over the last several years, and for next year the City expects a loss of over $37,000. Council Member Guerrero stated that ultimately this will be tapping into the General Fund; and it is something that, at this time, the City cannot afford to do. Mr. Guerrero displayed graphs to the Council pertaining to the growth of Corpus Christi and the shopping market situation. He stated that $180,000 will be exited from the Parking Meter Fund for the purpose of a group of people who were surveyed and expressed the opinion that the City needs to realize that they would be better off in spending that money by looking at the infracture which is in downtown Corpus Christi. Mayor Pro Tem Pruet noted that he has contacted five cities that have had varying success with the revitalization of their downtowns. He stated that all of them had, as a part of their revitalization program, the elimination of parking meters in either the entire area, or portions of the area that they were trying to attract people to. Mr. Pruet noted that if the City is successful in bringing one single successful business back into the downtown and the resulting increase in the tax base, the resulting increase of sales tax revenue and the creation of a few new jobs will more than offset in benefits to the City the lost parking meter revenues. Mr. Donald Booker, 314 Twig, stated that he thinks it is a great idea to take a risk to revitalize the downtown, and noted that he owns a nightclub downtown, and it is discriminatory not to extend the parking meters all the way to the Cajun Reef. Council Member Strong expressed the opinion that if the City is considering a six-month trial period, they should extend it to all the downtown businesses. She suggested using plastic garbage bags which could be replaced every day for six months to hood the meters. City Manager Garza noted that there had to be a cutoff; this is a trial project; and it has to be manageable. He noted that the staff made this recommendation in the interest of cooperating with the downtown group, and it shows some willingness and an effort on behalf of the City to take a risk and try something different in the downtown area. Minutes Regular Council Meeting May 3, 1988 Page 6 Council Member Guerrero referred to the six-month study and inquired how the City is going to measure whether there has been an increase or a decrease in retail sales because there is no tool to measure. Mr. Ray Harding noted that his mother owns Elizabeth's Cocktail Lounge downtown. He suggested pulling out the two-hour meters, putting in ten-hour meters with a sign indicating what the money will be used for. Mr. John Watson, Building Manager for the American Bank Plaza, stated that the City must realize that they have to provide the infrastructure for the people to come downtown to support the businesses there. He urged the Council to try this out for six months. Mr. Kevin Walker, Executive Director of the Heart of Corpus Christi, noted that the meters are to turn around the traffic and not to generate revenue. He noted that this proposal is a scaled down version of what the Heart of Corpus Christi had asked for originally, and noted that they are supportive and are requesting the trial period. After more discussion, Council Member Strong noted that some sort of monitoring is a real necessary component and that she hopes that the businesses downtown which will be participating will voluntarily come forward with a customer count. She suggested treating the businesses downtown the same way the City treats businesses all over town by not having to pay to park in front of their business. Mr. Charles DeCou, 241 Bay Ridge, expressed concern regarding the measurement of the success of the program and stated that he trusts that the Heart of Corpus Christi will insure that there are demonstrative results for good or bad. He urged the Council to support this program and asked the staff to reassess the zoning requirements for downtown. Council Member Slavik inquired what will be learned from a three-month evaluation, and City Manager Garza noted that Mr. Walker had indicated there will be some sort of accounting of the people actually going downtown. He noted that in three months, the City will see if the activity has picked up; it is just a judgement; and it is not very scientific or well defined. Council Member Guerrero noted that in trying to help develop the downtown area, the money probably would be better spent in a marketing survey, and City Manager Garza noted that, in his opinion, the downtown needs more housing and more residential units. After more the suspension downtown retail Council Member Schwing, Slavik Berlanga absent. discussion, a motion was made by Mayor Pro Tem Pruet authorizing of parking fees from 145 metered parking spaces within the area for a six-month trial period. The motion was seconded by Moss and passed by the following vote: Turner, Pruet, Moss, and Strong voting, "Aye"; Guerrero and Rhodes voting, "No"; (M88-0100) Minutes Regular Council Meeting May 3, 1988 Page 7 * * * * * * * * * * * * * Mayor Turner called for consideration of the Tax Increment Revenue Certificates of Obligation. The following people from the audience spoke in favor of the aquarium: Mr. Todd Healey; Ms. Gwen Bryant, 5029 Merganser; Ms. Marsha Cobb, President of the Corpus Christi Board of Realtors; Mr. Berney Seal, 209 Bayside; Ms. Mary Mabrey, 2417 Windsong; Ms. Catherine Winslow, 3709 Shell Creek; Mr. Ralph Erlich, representative of the Coastal Bend Hotel/Motel and Condominium Association; Mr. Bob Dillard, 6409 Meadowcircle; Mr. Sam Beecroft, representative of the Friends of the Museum; Mr. Phil Braselton, Braselton Construction, 603 Edgewater; Ms. Charley Ward, 6730 Everhart; and Mr. John Dorn, President of the Texas State Aquarium Project. Mr. Irving Dietz, 455 Miramar, stated that he is for the aquarium but objected to the way it is being framed. He stated that there is an ad valorem tax being placed on all property in Corpus Christi and read an excerpt from the Ordinance. Mr. Dietz stated that the proposal to take funds out of the Reinvestment Zone was a very good one, and that the purpose was to speed up construction of the aquarium. He stated that there is no date stipulated when the aquarium will be done. Mr. Dietz indicated there are two blank checks thru this Ordinance, noting that none of the money is necessary coming from the Reinvestment Zone, whereas it was initially designed that all the money should come out of the zone. Secondly, he noted it makes provisions for change orders. He stated that the way the Ordinance is written, there is no ceiling on the money that will be needed. He stated that he reviewed the meeting of the Reinvestment Zone and referred to remarks made at that meeting. Mr. Dietz noted that he would be in favor of passing the Ordinance if it was stipulated that the primary funding would come from the zone and the secondary funding, if necessary, would come from the ad valorem tax on property in the City. Mr. J. E. O'Brien, 4130 Pompano, referred to Page 19 of the Ordinance referring to change orders and stated he would like to see that removed from the Ordinance. He pointed out that the voters in 1986 turned down $2.3 million for the museum, and inquired if the City will request a change order in the amount of $400,000. Mr. O'Brien referred to a memo from the City Attorney to the City Manager dated April 28 and read an excerpt from the memo. He referred to the title of the Ordinance and stated that he does not believe that the Council had copies of the purchase agreement or escrow agreement prior to the vote on the first reading of the Ordinance. Mr. Raymond Hasker, 1813 Wallace, read from a prepared speech and elaborated on taxpayer concerns regarding the aquarium. Council Member Slavik noted that she has been working to reach a compromise on this since the first reading. She stated that she does not object to future or additional bonds being issued out of the zone, if the zone revenues permit, but she strongly objects to making this aquarium lien a "junior lien", thus allowing any future projects to hold "senior lien" status, whereas the aquarium r Minutes Regular Council Meeting May 3, 1988 Page 8 should be the primary obligation of the zone -funds, as this Council has indicated in the past. Mrs. Slavik suggested that the term "junior lien" can and should be changed to "parity lien" which would then allow other additional zone projects to be funded concurrently, but not at the expense of the aquarium funding. She noted that the above wording affects about four sections of the Ordinance and can be changed before the third reading. City Manager Garza noted that an attempt was made to finance the aquarium strictly from the Reinvestment Zone; the City found out that because of the newness of the law, the interest rate they would have to pay on those bonds was prohibitive; and the City did not know they would find a market for those bonds. He stated that a way to get that accomplished was to pledge the full faith and credit of the City, but utilize the revenues from the Reinvestment Zone to pay on the annual debt service. He noted that the Council can guarantee that the full faith and credit of the City is pledged by levying the tax, and in the event that the revenue is not there to support that annual payment, the tax levy is automatically imposed on the City. He stated it is not an attempt to levy a tax, it is simply the way to legally pledge the full faith and credit of the City for the bond sale. Mr. Garza continued by stating that these bonds are a "junior lien" on the revenue stream from the Reinvestment Zone, and stated that the reason the staff recommended that to the Council is because it leaves the door open for future financing from the Reinvestment Zone; pretty much along the same lines the City is presently doing, except with one major exception, and that is that the City would be able to do it strictly from the Reinvestment Zone, as opposed to pledging the City's full faith and credit. He stated that in order to sell tax increment financing bonds, the City has to cover the annual payment 1} times and that by making these "junior lien" bonds, the City makes that provision apply only to the new bonds. Mr. Garza noted that if the City does not make them "junior lien" bonds, that provision, the 1} coverage, would apply to the entire debt service schedule. Council Member Slavik inquired what project the staff has in mind to be supported with the "senior liens" and how much revenues the Reinvestment Zone would have to generate in order to do both the aquarium and the "senior lien" project, and City Manager Garza stated that it would have to conform with the project plan for the Reinvestment Zone and noted that the Bayfront Park could be one. In answer to a question from Council Member Slavik, City Manager Garza stated that the TIF law is new, and it is only the second bond issue involving the Reinvestment Zone. He stated that the City does not, for this bond sale, require the 1.5 coverage because the City has the full faith and credit of the City. Council Member Slavik stated that she sees no true objection to the parity lien; it is a little more conservative than the "junior liens"; and it might answer the problems as to the criticism in the community. She suggested that the City could remove the "junior lien" entirely; she thinks it is a compromise; and the staff should consider it. i Minutes Regular Council Meeting May 3, 1988 Page 9 City Manager Garza stated that it the Council should make the decision. very best recommendation; he has recommendation. Mr. Garza pointed out but finance the bonds and give the City Mayor Pro Tem Pruet stated that aquarium is desperately needed; and the is an idea worth considering, but that He stated he has given the Council his researched it; and it is a solid that there is no intent to do anything some flexibility for the future. there is no need to compromise; the public supports it. Council Member Rhodes inquired if it is possible to put more of an explanation in the contract, and City Manager Garza replied if it is possible the language may be inserted as an addendum, but pointed out that the Bond Ordinances are very precise; everyone uses them; and the City would not want to amend it to a point where they would risk their bond rating. In answer to a question from Council Member Schwing "parity" rather than "junior," City Manager Garza stated to do a future TIF Bond sale, they would be covering 1} service on all the debt that is supported by the revenue. pertaining to the word that if the City were times the annual debt City Secretary Chapa polled the Council for their votes were passed: and the following 8. SECOND READING Authorizing the issuance of "CITY OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988 (TAX INCREMENT FINANCING ZONE PROJECT)"; levying an ad valorem tax upon all taxable property in the City and pledging tax increment revenues from the Tax Increment Fund of Corpus Christi Reinvestment Zone No. 1 for the payment of said Certificates; specifying the terms and features of such certificates; approving an escrow agreement relating to the disposition of the proceeds of such Certificates (including approval of the form of Purchase Agreement attached to such escrow agreement); and resolving other matters incident and related to the issuance, sale, security, payment and delivery of said Certificates. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Slavik abstaining; Berlanga absent. * * * * * * * * * * * * * Mayor Turner declared a five-minute recess. Mayor Turner reconvened the Council Meeting and recognized Mr. Irving Dietz. Minutes Regular Council Meeting May 3, 1988 Page 10 Mr. Irving Dietz, 455 Miramar, informed the Council that since this is Water Awareness Week, thru a rule of the EPA, it is necessary to distribute information about water systems concerning the potential for lead poisoning in water supplies. He noted that the City, in their next cycle of billings, will pass out information indicating what dangers there are in lead poisoning and how it is transmitted. Mr. Dietz noted that the City's water supply is safe from the standpoint of lead poisoning. Mayor Turner referred to the public hearing on the appeal filed by the Building Official recommending that the decision of the Building Code Board of Appeals be overturned. Assistant City Manager Elizondo noted that the City has received a request for postponement of the hearing for a couple of weeks from the individual involved, and that it was agreeable to the staff. * * * * * * * * * * * * Mayor Turner opened the public hearing on changing the name of a portion of Minnesota Street that extends from Ocean Drive to Corpus Christi Bay, to Airheart Point. There were no objections or comments from the audience. A motion to close the public hearing was made by Council Member Strong; seconded by Council Member Slavik and passed unanimously by those present and voting; Berlanga absent. City Secretary Chapa informed the Council that there will be a three reading Ordinance brought before the Council within the next few weeks pertaining to this item. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 11. Application No. 388-9, Mr. Duane Davis: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 1, Staples Grove Unit 1, located on the west side of S. Staples Street, approximately 40' north of La Costa Drive. Mayor Turner noted that the Planning Commission and Planning Staff recommend approval of this application. There were no comments from the audience. A motion to close the public hearing was made by Mayor Pro Tem Pruet; seconded by Council Member Guerrero and passed unanimously by those present and voting; Berlanga absent. Minutes Regular Council Meeting May 3, 1988 Page 11 City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20295 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DUANE DAVIS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, STAPLES GROVE UNIT 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 12. Application No. 488-3, Mr. Bob Bridges: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on the east 60' of Lot 14 and the west 10' of Lot 13, Block 2, Koolside Addition, located on the north side of McArdle Road, approximately 300' east of Lum Avenue. Mayor Turner noted that the Planning Commission and Planning Staff recommend approval of this application. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20296 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BOB BRIDGES BY CHANGING THE ZONING MAP IN REFERENCE TO THE EAST 60 FEET OF LOT 14, AND THE WEST 10 FEET OF LOT 13, BLOCK 2, KOOLSIDE ADDITION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance was passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 13. Application No. 488-1, Corpus Christi Independent School District: For a change of zoning from "A-2" Apartment House District to "B-5" Primary Business District on a 0.23± acre tract out of the Roy Miller High School Tract, located on the northwest corner of Up River Road and Battlin' Buc Boulevard. Minutes Regular Council Meeting May 3, 1988 Page 12 Mayor Turner noted that the Planning Commission and Planning Staff recommend denial of this application, and in lieu thereof, grant a special permit for a 15' high, 48 square foot freestanding sign. She inquired if the special permit was agreeable to the applicant, and Mr. Mic Raasch, Acting Director of Planning, replied in the affirmative. There were no comments from the audience. A motion to close the public hearing was made by Council Member Guerrero; seconded by Council Member Rhodes and passed unanimously by those present and voting; Berlanga absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20297 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT BY GRANTING A SPECIAL COUNCIL PERMIT FOR A 15 FOOT HIGH, 48 SQUARE FOOT, FREESTANDING SIGN ON A PORTION OF THE ROY MILLER HIGH SCHOOL TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 14. Application No. 388-8 Corpus Christi Realty Management, Inc.: For a change of zoning from "B-1" Neighborhood Business District to "B-5" Primary Business District on Lots 35 and 36, Block 8, Gardendale II Addition, located on the northeast corner of Everhart Road and Bonner Drive. Mayor Turner noted that the Planning Commission recommends denial, and in lieu thereof, grant a special permit for one 80 square foot freestanding sign limited to 16' in height and located within the front yard setback area with the condition that all existing freestanding signs on the site be removed on Lots 35 and 36, Block 8, Gardendale No. 2, and noted that the Planning Staff recommends denial. Mr. Mic Raasch, Acting Director of Planning, located the area on the zoning and land use map and displayed slides of the vicinity. He noted that the applicant originally requested a 90 square foot freestanding sign; however, reduced the size of the requested sign to 80 square feet in area as per the Planning Commission's recommendation. He noted that the four existing 40 square foot freestanding signs located on the subject property were permitted prior to if r Minutes Regular Council Meeting May 3, 1988 Page 13 the recent clarification of the sign regulations. He also stated that if the proposed sign is allowed within the front yard setback, as per the Planning Commission's recommendation, it would be the only sign exceeding 40 square feet in the front yard setback area located along Everhart Road south of South Padre Island. Mr. Raasch noted that there were 14 notices mailed to property owners within a 200' radius, and two were returned in opposition. Mr. Raasch also pointed out that the twenty percent vote is in effect. Ms. Helen Schatz, Corpus Christi Realty Management, representing the applicant noted that the tenants have come to rely on the signs for visual effect for their businesses, and they will not allow the management company to remove the signs unless they are replaced. Ms. Schatz noted that the special permit is agreeable to the applicant. After discussion by the Council, Mr. Richard Bear, President of International Sign Technology, displayed photographs of the proposed sign and noted that the sign will enhance the area and be architecturally appealing to the eye. Council Member Moss inquired why the staff opposed the special permit, and Mr. Raasch stated that it should be consistent with the zoning ordinance which allows one 40' freestanding sign and that it would set a precedent. Mr. Carl Straus, 4425 Coventry, noted that he also works for the management company and displayed photographs of the existing signs to the Council. A motion to close the public hearing was made by Council Member Guerrero; seconded by Council Member Schwing and passed unanimously by those present and voting; Berlanga absent. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20298 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI REALTY MANAGEMENT, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR ONE 80 SQUARE FOOT FREESTANDING SIGN ON LOTS 35 AND 36, BLOCK 8, GARDENDALE NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent. * * * * * * * * * * * * * Mayor Turner called for liaison and other reports from the Council. Council Member Strong informed the Council that the Del Mar Board of Regents voted to appoint three representatives to work with three representatives of the 4UCC group to work together on the higher education needs for Corpus Christi. L r Minutes Regular Council Meeting May 3, 1988 Page 14 Council Member Rhodes requested that Terry Whitmire's Task Force be placed on next week's agenda. Mrs. Rhodes inquired about the item concerning the limited electrical contractor's license, and Assistant City Manager Elizondo noted that it is on the agenda for May 17. Mrs. Rhodes requested an explanation to the matter concerning the softball fees. Assistant City Manager Hennings noted that last week the Council agreed to raise the fees for adult softball leagues from $150 to $325 effective immediately. He stated that Friday the Softball Association approached the Park and Recreation Department to rent softball fields so that they could put on their own league, and noted that they have made arrangements to do that. Mr. Hennings stated that the fee for renting the field is considerably less then if the City sponsored the league, and noted that the City does not provide the services that it provides the leagues. He noted that the rental of the fields is a standard practice. After discussion by several Council Members, Mr. Hennings noted that it was the Softball Association's intent to find a lower cost way to put on a league this season, and noted that the City will be better off then it would have been before last week, because the City will not have the expenses associated with the leagues. Mr. Hennings noted that the rental of fields is one of many fees for park and recreation facilities, and one of several fees needed to be increased which will be brought to the Council as a recommendation. He noted that the City still provides the fields; the City does the mowing, pays for the electricity and does the services necessary for league play. Mr. Hennings noted that the next softball season starts in August, and whatever recommendations made by the Council, as a result of the cost recovery study, will be in effect by then. Mr. Hennings noted that the City still has the program for the softball league, but stated there probably will not be any interest because the fee is cheaper for the Softball Association. Botanical Gardens - Council Member Slavik informed the Council of a fund-raiser which will be on Thursday, May 12. Council Member Schwing referred to the City's request for proposals on logos for City stationery and suggested sponsoring a contest with the high schools, and City Manager Garza noted that he does not see a problem with that. Mr. Garza stated that the City needs new stationery one way or another; he would like to redesign a new letterhead and stationery; and this is an opportunity to do that. In answer to a question from Council Member Moss, City Manager Garza noted that the City is required to advertise in the legal section by state statute. Council Member Moss requested an explanation of an ad in the legal section where the City advertised for electronic parking meters, and City Manager Garza stated that item is for the airport. T r Minutes Regular Council Meeting May 3, 1988 Page 15 Council Member Guerrero referred to the drought and inquired if the City should consider a temporary rationing situation, and City Manager Garza offered an explanation and noted that the City water situation is presently in excellent condition. After more discussion on this matter, City Manager Garza noted he will provide the Council a one-page summary concerning the water situation. Mr. Guerrero referred to the inhumane issue of cat traps in the City, and noted it is a very serious problem and would like to see this matter as an agenda item, and City Manager Garza stated that he will study the matter and provide the Council with a report. Concerning the matter of softball, Council Member Guerrero noted that the softball rental issue was done to circumvent and make a mockery of the system. He suggested that it be brought back to the Council to adjust the fees to make the whole system equitable and noted he would like this issue handled as soon as possible, and City Manager Garza noted that this matter cannot be changed until the next season; it is a signed contract; and the Association has already deposited their rental fees with the City. Mayor Pro Tem Pruet referred to the subject of hotel/motel collections and after discussion of this item by the Council Members it was their consensus that consideration be given to have the Convention and Visitors Bureau be responsible for collecting the delinquent tax. Mayor Turner requested the staff's opinion on this item be provided to the Council in a written report. Council Member Guerrero inquired when the Council approved the bids for motorcycles for the Police Department, and City Manager Garza noted that the decision was made months ago to allow the parole officers to use their own motorcycles and pay them an allowance. He noted it was a program change, and it did not require the Council to approve going out for bids. Mr. Guerrero stated that the Council never approved the changing of ownership and expressed concern about using the drug money to pay for this, and City Manager Garza stated that he will look into this matter. Council Member Guerrero requested that the Staff check out the legalities and opportunities of having a meal tax imposed on restaurants in Corpus Christi. In reference again to the softball issue, Council Member Strong stated that when the fees for the rental of the fields are brought before the Council, she would like to see a 60 percent recovery and what it would cost to lease the fields at 100 percent recovery. Mrs. Strong brought up an issue concerning a dog who was taken from a house and taken to the dog pound. She requested that staff provide the Council with a written report pertaining to the rights of property lessors. Minutes Regular Council Meeting May 3, 1988 Page 16 Mrs. Strong informed the Council that she has been actively involved with the EMS; she has spoken with Council Member Moss; and he has concurred that she be the Council liaison for the Ambulance Advisory Board. Mayor Turner called for the City Manager's report. City Manager Garza referred to the date of the upcoming Council Retreat and requested direction from the Council, and it was their consensus that the retreat be held on a Tuesday in June instead of a Council Meeting. Mr. Garza referred to an Internship Program that he is starting in conjunction with the NAACP and provided the Council with material pertaining to the concept. Mr. Garza brought up the subject of Council Member Moss' concern regarding the sound system in the Council Chambers and explained how the microphones work. He noted that the previous Council had requested the microphones, and if the Council wanted to change to an omni -directional microphone, he would need direction. Discussion of this item followed, and Council Member Strong stated that to spare the City the expense of new microphones, the Council should make every effort to speak directly into the microphones. Council Member Guerrero brought year prohibiting wearing suits and summer months, noting that he would year, and Council Member Strong noted up the matter of an ordinance passed last ties on Council Meeting day during the like to see the ordinance enforced this that it was a Motion for one summer only. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Ms. Maryanne Hagg, representing Citizens against Pornography, noted that the purpose of her group is to provide information to the public about pornography and its effect on children and adults. She expressed concern about the adult entertainment in the downtown area, and invited the Council to a workshop on Thursday, May 19, at the Lindale Senior Citizens Center. Council Member Guerrero suggested that the Director and Board from the Heart of Downtown receive invitations to the workshop, and requested that Mrs. Hagg be provided with a list of the people in the downtown organizations. Minutes Regular Council Meeting May 3, 1988 Page 17 Mr. Claude de Unger, 201 Del Mar, expressed concern about the land acquisition at the aquarium site and noted that the lawsuit concerning the bond issue is a very serious matter. He suggested that the Council appoint a person with trading authority to sit down and work with the Royals and resolve this issue. He requested that the Council pursue negotiations on this matter. Mr. Rodney Lee, 610 Vakey, spoke in reference to the softball fees. He referred to the Griffith Report and noted that in the costs, municipal services are charged back to the programs. Mr. Lee stated that he does not see how the City can double -tax the participants in a City -sponsored program for municipal services that their tax dollar is already paying for. He suggested that in all the programs, the City needs to make the programs pay at least 100 percent direct cost recovery. Mr. Curtis Rich, 5314 Crossridge, a principal in the Grandstands, referred to the Ordinance that the Council passed last week and noted that when the City staff asked the Grandstands to submit their proposal for privatization, they were asked to provide bond money and insurance. Mr. Rich referred to the Softball Association and expressed concern about the amount of money they are in fees. Ms. Rose Garst, 1442 Maryland, noted that the Softball Association will rent four fields for four nights, for four games. She noted that the City's fees were too high, and when the Council raised the fees, they initiated the privatization and she elaborated on this matter. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 5:45 p.m. on May 5, 1988. * * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of May 3, 1988 which were approved by the City Council on May 10, 1988. WITNESSETH MY HAND AND SEAL, this the Betty Turner, MAYOR x. et - day of Yr Armando City of Chapa, City SeCrretary Corpus Christi