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HomeMy WebLinkAboutMinutes City Council - 06/07/1988PRESENT Mayor Pro Tem Bill Pruet Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong * Absent Mayor Betty Turner MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 7, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Pro Tem Pruet called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Schwing, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. City Secretary called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Pruet administered the Oaths of Office to the following newly appointed Board Members: R. C. Allen, Sandra Zuniga, Norberto Viamonte, Daniel Pedrotti and Edward Martin - Airport Advisory Committee; Lail Robinson - Coastal Bend Health Facilities Development Corporation; Kay White - Housing Authority; Harry Costner and Pat Suter - Water Shore Advisory Committee. A motion was made by Council Member Guerrero that the Minutes of the Workshop and Regular Council Meetings of May 31, 1988 be approved as presented; seconded by Council Member Slavik and passed unanimously. Mayor Pro Tem Pruet recessed the Council Meeting at 2:10 the JTPA Executive Committee Meeting. * Council Member Linda Strong arrived at 2:30 p.m. p.m. to convene MICROFILMED f Minutes Regular Council Meeting June 7, 1988 Page 2 Mayor Pro Tem Pruet reconvened the Regular Council Meeting at 2:40 p.m. and recognized Mr. Chris Davis, President of the Convention and Visitors Bureau, who informed the Council that Corpus Christi has been selected for the 1991 Meeting of the Religious Conference and Management Association. He noted that there will be about 1,000 people representing 200 religious organizations who will attend the meeting. Mr. Davis continued by stating that the Bureau believes this is a wonderful opportunity to showcase Corpus Christi to a tremendously large market, and hopefully, out of that will come a variety of other meetings and conventions. Mr. Bill O'Boyle of the Hershey Hotel expressed appreciation to the Bureau for the magnificent job they had performed in bringing this event to the City. Mayor Pro Tem Pruet referred to the presentation of the Employee Disability Policy and Debra Andrews, Assistant City Manager, made a few introductory remarks, noting that Risk Manager Dan Blosser has been with the City since March of 1987 and has worked very aggressively to put together an outstanding Risk Management Program. Risk Manager Dan Blosser presented an overall review of the Risk Management and Proposed Employee Disability Policy. He noted that the present workers' comprehensive plan costs the City $1.7 million a year in direct costs, noting this is much higher than other cities in the State of Texas. Mr. Blosser discussed the functions of the Risk Management office and introduced various members of the staff. He noted that this disability policy dovetails nicely with the proposed sick leave revisions which the City Council recently reviewed. Some of the highlights discussed by Mr. Blosser were the Definition of Risk Management, the Present Workers' Comp and Disability System, the Direct and Indirect Costs of an Accident, a Comparison of Injury Rates, Workers Comp claim Distribution by Select Departments, How to Reduce Cost of Workers' Comp to the City, Safety Training Meeting Schedules, and the Proposed Disability Policy and Rehabilitation Policy. After discussion by various Council Members and staff regarding the policy, Mr. Blosser noted that the City's job-related injury rate is almost twice the national average according to statistics from the National Safety Council. He stated that the City's injury rates are very high due to the lack of an organized employee safety training program and that there is a lot the City can do to reduce the incidents of employee injuries. Mr. Blosser noted that the safety program will prevent job-related injuries and substantially cut the City's workers' compensation costs in the long run, noting that it will save the City money and also protect the workers from unnecessary injuries. City Manager Garza pointed out that the purpose of the policy is to help the City's employees avoid accidents and be more productive employees. He pointed out that the budget funds the current policy and not the proposed policy. Council Member Rhodes suggested that before the discussion of the budget, information on what the City could save and some comparative figures with other cities pertaining to their total employee package be provided to the Council. f Minutes Regular Council Meeting June 7, 1988 Page 3 Mayor Pro Tem Pruet referred to the Board and Committee Appointments. The following appointments were made: Animal Control Advisory Committee Building Code Board of Appeals Leo Luna - reappointed Dr. Dan Meadows Darlene Painter - reappointed Bob Cruz - " Corpus Christi Housing Impvt. Corp./Loan Review Committee Forrest Smith - Reappointed Johnnie R. Seale - " Jack Graham Armando Reyna Reynaldo Perez - (Does Not Qualify) Museum Advisory Committee Sarah Loeb * * * * * * * * * * * * * * Mayor Pro Tem Pruet called for consideration of Consent Motions 1 thru 5, and a Council Member requested that Motions 3 and 4 be withheld for discussion. A motion was made by Council Member Guerrero to approve Motions 1, 2 and 5; seconded by Council Member Rhodes and passed unanimously; Turner absent. In reference to Motion No. 3 pertaining to approving award of supply agreement for muffler and tailpipe repair, Council Member Slavik noted that she has received suggestions that the City contract out other vehicle repair items as a cost-saving measure and inquired if staff considered this possibility in the budget, and City Manager Garza replied that the staff is looking at contracting out some of the routine maintenance items, and that he has not shown an impact in the budget because he does not know what it would be yet. Mr. Garza continued by stating that the City wants to free up its highly skilled mechanics who do the work which requires a lot of skill by contracting out the routine maintenance. Council Member Moss pointed out that the City has a very elaborate service center and may need to put a ceiling on what they charge to different departments. In answer to a question from Council Member Rhodes, City Manager Garza stated that in regard to this item, he felt it would be cheaper to contract it out. Minutes. Regular Council Meeting June 7, 1988 Page 4 In reference to Item No. 4 pertaining to the Gabe Lozano, Sr. and Oso Golf Course improvements, Council Member Slavik inquired when the improvements will be completed, and City Manager Garza noted that it does not look too promising -- the grass has not responded that well, noting that the the soil is being treated with lime to soften it to let the young grass grow. He stated that the Lozano course is about 95 percent complete, and that more work needs to be done at the Oso; and Victor Medina, Engineering Services Director, noted that the Staff is anticipating an opening date of September 15. A motion was made by Council Member Guerrero to approve Motions 3 and 4; seconded by Council Member Strong and passed unanimously by those present and voting; Turner absent. 1. M88-0126 Approving a supply agreement for linen and towel service with American Linen Service based on low bid for an estimated annual expenditure of $10,262.50. The term of the contract shall 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 primarily by the Fire Department. 2. M88-0127 Approving a supply agreement for uniform rental service with Texas Industrial based on low bid for an estimated annual expenditure of $12,384.32. The term of the contract shall be for twenty-four 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. This service will be used primarily by Maintenance Services. 3. M88-0128 Approving a supply agreement for mufflers and tail pipe repairs with Longoria's Muffler and Automotive, based on low bid, for an estimated annual expenditure of $20,370.25. The term of the contract shall 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. 4. M88-0129 Approving Change Order No. 2 in the amount of $23,194.90 to the contract with Johnson Golf Course Construction, Inc. which provides for additional drainage and irrigation system improvements at the Gabe Lozano, Sr. and Oso Golf Courses. Minutes Regular Council Meeting June 7, 1988 Page 5 5. M88-0130 Approving an application to ACTION for a federal grant of $117,633 to establish a Senior Companion Project, and authorizing the City Manager to execute a contract and all related documents. Senior citizen volunteers would be recruited from low income backgrounds to be designated as companions for senior citizens having physical, emotional or mental health problems that impair independent living, such as persons released from acute care hospitals, homebound persons living alone, and persons who are terminally ill. * * * * * * * * * * * * * Mayor Pro Tem Pruet called for consideration of Consent Ordinances, Resolutions and Ordinances from previous meetings on Items 6 thru 9, and a Council Member requested that Item No. 6 be withheld for discussion. There were no comments from the audience on Items 7, 8 and 9. City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20338 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND IN CONNECTION WITH THE HORNE ROAD/PORT AVENUE LIFT STATION PROJECT; AND APPROPRIATING $40,000. The foregoing Resolution passed by the following vote: Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Turner absent. 8. RESOLUTION NO. 20339 AUTHORIZING THE EXECUTION OF A CONTRACT WITH BACKHOE LEASE SERVICE, INC. FOR THE ADJUSTMENT OF MANHOLES AND WATER VALVES IN THE NEWLY OVERLAID SECTION OF WEBER ROAD BETWEEN SOUTH PADRE ISLAND DRIVE AND SARATOGA BOULEVARD; APPROPRIATING $20,000. The foregoing Resolution passed by the following vote: Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Turner absent. 9. RESOLUTION NO. 20340 APPROPRIATING $9,600 FROM THE FIRE DEPARTMENT BUILDING BOND FUND FOR ROOF IMPROVEMENTS ON FIRE STATIONS NOS. 1 AND 5 AND FOR ENGINEERING FEES AND CONTINGENCIES. f Minutes Regular Council Meeting June 7, 1988 Page 6 The foregoing Resolution passed by the following vote: Pruet, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Berlanga absent at the time the vote was taken; Turner absent. In reference to Item No. 6 pertaining to Whitecap Wastewater Treatment Plant Expansion, Council Member Slavik referred to a memo she sent the Council in reference to this item, and Council Member Moss referred to calls he has received, noting that this design is four years old, and that perhaps it would be advisable for the staff to hire another engineering firm to review these plans to see if they are adequate and conform with all present regulations and because the staff engineering department has so much work ahead of them at this time. City Manager Garza noted that he did not think that was necessary and would be a waste of money, pointing out that the engineering staff is ahead of its pace of last year. He stated that the staff has adequately reviewed the Urban design and is comfortable that it does meet the EPA guidelines. He stated that there is no need to delay any longer since'the design is already completed. Council Member Strong expressed the opinion that she is comfortable with the staff's recommendation, noting that it is important for the Council to remember that the lawsuit in the insolvency with the Padre Isles Investment Corporation has denied 3,000 to 4,000 property owners on the island the right to build and develop on property that they have already paid for. She noted that speed is important and that these people have waited long enough and have paid enough without having to suffer any more. Council Member Rhodes asked the City Manager if he has any problem with Urban Engineering not having a design expert on their staff for this particular problem, and City Manager Garza noted that his concern is in protecting the City and that he believes that they have the capability to design a good plan. Mr. Garza pointed out that the proper performance bonds are in order so that the City is protected. Engineering Services Director Medina noted that previously the treatment basin had a wall that failed which was partially a design in construction error and both the contractor and consulting engineer on the project absorbed all the expenses for the repairs of the walls, noting that the City did not have to expend any money for those failures. In answer to a question from Council Member Slavik, City Manager Garza noted that it is the City's responsibility to pay for this. Council Member Strong referred to page three of the contract with Urban Engineering, noting that she did not see any indication in the contract that if a presentation to the Council is required, it would be covered under the fee the City is paying them. She noted that it should be clear in the contract because of past experiences the City has recently had regarding presentations by consultants. Minutes Regular Council Meeting June 7, 1988 Page 7 Mr. Medina explained that the staff did not feel a presentation was needed and that is why it is not included in the contract, and Council Member Strong noted that she would like to see a provision in the contract which would require that, and Mr. Medina stated that will be considered. Ms. Martha Elliott, 6701 Sahara Drive, noted that she served on CC'90 and referred to a memo to the Council of January 5, 1984 expressing concern regarding the plans, and City Manager Garza noted that matter was resolved in a settlement resulting from the bankruptcy of Padre Isles Investment Corporation, and that the City accepted responsibility for the expansion of the plant. City Attorney George noted that the plans Ms. Elliott referred to are the plans the City is buying; Padre Island Investment Corporation had a responsibility under the contract to expand the plant; they did not have the money to do it; they filed bankruptcy; and they did not pay Urban Engineering for the plans the City is purchasing. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 6. RESOLUTION NO. 20337 AUTHORIZING THE EXECUTION OF A CONTRACT FOR ENGINEERING SERVICES WITH URBAN ENGINEERING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND RESIDENT INSPECTION SERVICES FOR THE EXPANSION OF THE WHITECAP WASTEWATER TREATMENT PLANT; AND APPROPRIATING $56,825. The foregoing Resolution passed by the following vote: Pruet, Berlanga, Guerrero, Rhodes and Strong voting, "Aye"; Moss, Schwing and Slavik voting, "No"; Turner absent. * * * * * * * * * * * * * Mayor Pro Tem Pruet called for consideration of Items 10 thru 13, and a Council Member requested that Items 12 and 13 be withheld for discussion. There were no comments from the audience on Items 10 and 11. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed on second reading: 10. SECOND READING AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 4 WITH THE FEDERAL AVIATION ADMINISTRATION TO FAA LICENSE NO. DOT-FA78SW-1073 TO PROVIDE A SITE FOR MALSR ON RUNWAY #13 AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. Minutes. Regular Council Meeting June 7, 1988 Page 8 The foregoing Ordinance passed on second reading by the following vote: Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Turner absent. 1:. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIRST NATIONAL BANK OF CORPUS CHRISTI FOR THE OPERATION OF AN AUTOMATIC TELLER MACHINE AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Strong absent at the time the vote was taken; Turner absent. In reference to Items 12 and 13 pertaining to the third reading of the electrical ordinances, Mr. Jack Green, 1009 Catalina, President of Fairburn Electric Company, noted that he is opposed to Items 12 and 13 and recommended that the Council delay this until they receive the overall recommendation from the Task Force. He stated that he felt it would dilute the electrical ordinance and its method of enforcement as it is presently written. After some discussion, a motion was made by Council Member Guerrero; seconded by Council Member Moss to table this item until the Council has received input from the Task Force. The motion passed by the following vote: Pruet, Guerrero, Moss, Rhodes, Schwing and Strong voting, "Aye"; Berlanga and Slavik voting, "No"; Turner absent. Mr. Robert Shake, 4222 Ocean Drive, a licensed journeyman and electrician, stated that he is opposed to Item No. 13, noting it would take away his job and give it to someone else. He stated that the Council will not regulate the rate which the consumer pays, noting that it is the marketplace which will determine that. Mr. Kyle Budd, Vice President of Budd Electric Co., 4329 Clearwater, noted that he is in complete agreement with Mr. Green in opposition to Items 12 and 13. He referred to insurability and pointed out that there will be insurance problems. Council Member Rhodes suggested that the people in opposition should meet with the Task Force to express their opinions. Council Member Strong noted that she is the Council Liaison to the Task Force and will be working with Assistant City Manager Elizondo to come forth with some suggestions on enforcement for the rules as they presently stand, noting that there is an enforcement problem the way it presently exists. Minutes Regular Council Meeting June 7, 1988 Page 9 Mr. Bill Darby, 626 John Lee, a former journeyman electrician, presented some background information on himself and noted that the purpose of the electrical ordinance and the construction ordinance is for the protection of the safety of the people in the City. He stated that he has seen many attempts to weaken the ordinances and has appeared before the council asking not to weaken the electrical ordinance. He expressed the opinion that it would be a mistake to do so, and that he strongly opposed Items 12 and 13. Mr. Larry Major, an electrician, noted that limited licenses will weaken the ordinance and will allow people not qualified to perform the work. Mr. Bob Shattuck, Executive Vice President of the Builders Association, referred to a position statement which they recently sent to the Council which does not pertain to Items 12 and 13, noting that they draw a distinction between general contractor licensing and tradesmen licensing. He noted that they are neither in favor nor against Items 12 or 13. Council Member Guerrero asked Mr. Shattuck if he would come back with a position on this item, and Mr. Shattuck replied in the affirmative. Mr. Russell Brashars, Corpus Christi Air Conditioning and Plumbing Contractors Association, spoke in favor of allowing people to do the work if they could pass the test. Mr. Bill Peak, President of the Corpus Christi Air Conditioning and Plumbing Contractors Association, stated that their purpose behind attempting to to have an ordinance of this nature in the City is so that they can see that they are able to go in and permit a job, do a job legally, pay a permit fee and be inspected so that they can save the homeowner money. Mr. Terry Whitmire noted that what they are asking for is something that has been in violation for years. He noted that Item 13 has been on the books, not enforced, not looked at and not cared about. He noted they have asked to be tested to make sure that they are qualified to do this type of work and cannot be allowed to unless they pass the test. He noted that under the ordinance at the present time, they are the only contracting groups that are required to have a certificate of insurance on file with the City. He stated there is an area that is being violated and that they are offering to take tests to see that they do qualify to do this work which they are presently doing. In answer to a question from Council Member Slavik about insurance, Mr. Whitmire noted that the state of Texas requires them to have product liability insurance and general liability, and that they cannot operate in Corpus Christi unless they have that certificate of insurance on file, noting that the product liability and general liability insurance will cover any type of work that they do. Minutes. Regular Council Meeting June 7, 1988 Page 10 12. Tabled AMENDTNG-44Wr-GITV-GOOF,- AFTER--131-441443ING&t-GeRF44864'4AN--AN13-RELATED OPERATION;-ROUSING-AND-ROUSNG-PREMISES-STANDARG8T-EV-AMENDING-ARTICLE-1117 EbEGTRIGAL--SECTIONS--13-93--AND- 1--4(rr- 0-4ROiLIDE--T4N -q-REPA4R--AND REPLACEMENT OF- FONENSF. WITHIN-6&EMEL;-86-4.47HOWC PE;t 13'6; -14EQ(;1-RE- AND IDENTIFY--bOC,f4'FIOtI-OF--A-491 SGON#EGPI4NG-MEAN&,- AND- TOS,-3-DEN-T3-FIG,AT3-0N -OF EbEGTRIGAbbV-F414R6BD FENGINGt-PROV4DIN6--OR--S&F&RAN6E, -RAND- PROWIDING-FOR PBEbIGATIONr 13. Tabled AMENDING -THE -GIPY-G,pDE.y-..GRAFTER--13T--E4H,l}1:NGSt-6ANS3.,R43614BN--ANI}-RELA4ED OPERATIONS;HOUHING-AND-41013SFtIG-PREMISES- A3ARii&r-M--AMENDENFr-ARTIGEE III7- EF,EFrT iE AEry-6EGPIONS-13-127-13-731-43-17+r-ass-43-447- ANMAIH E -POR TWO-EP*-ADDITIONAL-GEA8SIFISATIONS-OF-IIGENSEST-IDENTIFICATION-OF-METHOD-OF bIGEN6INGT-44R4a1,44RHENG--PEES-AOR--E3[AMINATION- GR--LiGENSEr-AN3Y-INGREA61N0 ASSOCIATED €OST OF a€nT "^ M $T D -1, 34 N6 VI FOR SEVERANGEt AND-PROVIDING-FOR-PBEbIGATIONt * * * * * * * * * * * * * Mayor Pro Tem Pruet declared a five minute recess at 4:40 p.m. Mayor Pro Tem Pruet reconvened the Council Meeting at 4:50 p.m. and called for consideration of Item No. 14 pertaining to approving a contract with the Corpus Christi Industrial Development Cooperation. City Manager Garza and Assistant City Manager Utter gave an overall presentation on the proposed creation of a Downtown Revolving Loan Fund elaborating on the guidelines for the program. Mr. Utter noted that this proposed program would provide small loans up to $20,000 for remodeling or rehabilitation of downtown properties over relatively short terms of up to five years. He stated that they are proposing a very attractive interest of three percent and that the loan would be required to be secured by either a lien on the property or the fixtures or a very strong personal guarantee. Mr. Utter continued by stating that the program would be funded initially from two sources — the Economic Development Trust Fund and funds from the CCIDC giving a total initial fund amount of $140,000, noting that no taxpayer funds are involved in the funding. Mr. Utter noted that the loan proposals would be initially reviewed by a five -member review panel. Council Member Rhodes expressed concern as to why the Council was not given other options for spending $140,000 in available City funds, indicating that the Council's priorities are becoming scattered, noting that there are other projects that could be considered. 1 T Minutes Regular Council Meeting June 7, 1988 Page 11 In answer to a question from Council Member Schwing, Mr. Utter noted that these loans specifically are for credit worthy businesses, and that the Corpus Christi Economic Development Corporation will have the final authority to make or not make the loan. He noted that the loan committee has some expertise in determining the credit worthiness of a particular organization. He then briefly explained the guidelines for the security for the loan, noting that these are loans for remodeling and rehabilitation. He stated that in terms of downtown revitalization, the City has to offer incentives and that one would be a small, low interest revolving loan program. He noted that they are trying to create activity in the downtown area. After some discussion, Council Member Slavik expressed concern about specific projects and suggested bank loan interest loan pools which other cities have used, noting that the City needs to keep its economic development money for specific projects which might be needed in the future, and suggested that social pressure be put on the banking system for doing public purpose projects. She noted that she is not against the purpose, but against the method. Mr. Utter noted that each of the banks have worked with the City fairly well, noting that it is hard for the Texas banks to give below market interest rates. He stated that the only way the program which Mrs. Slavik referred to could be worked in the state of Texas is through the use of Community Development Block Grant funds. He noted that this program is designed to be an added inducement to businessmen contemplating major improvements in the downtown area. Council Member Moss concurred with Council Member Rhodes and inquired what would happen if someone was delinquent on a loan, and Mr. Utter noted it would go against the collateral and would be handled like other loans. Mr. Utter noted that the City has approximately $9.3 million in a Rehabilitation Loan Fund, and there has only been one foreclosure out of that. Council Member Berlanga noted that the proposed loan program would grant the opportunity to bring life back into the downtown area, and if incentives are not provided for people to establish businesses in the downtown area, it will remain a slum. Council Member Strong noted that no one has brought forth a comprehensive plan for the downtown, and expressed the opinion that the Council has shown their commitment to downtown. Mr. Utter noted that during the CDBG public hearing, this program was discussed, and he felt the sense from the Council was that they wished to move forward with this program, but not out of the CDBG program, noting that there was a specific request to find the funds outside the CDBG program. After more discussion, City Manager Garza apologized to the Council for bringing this forth without giving them other options, noting that this program is meritorious and would have a positive impact in the downtown town area. He stated he will present the Council with all the priorities and let them make the decision. Minutes Regular Council Meeting June 7, 1988 Page 12 Mayor Pro Tem Pruet pointed out that the tax base that is represented by downtown Corpus Christi serves a lot more than downtown and generates money that paves streets and makes sewer lines all over the City. He stated that he hoped the Council can come up with a consistent Council policy of whether they support revitalization and improvement of downtown or if they just talk about it at election time. Council Member Guerrero expressed surprise because this is the Council who just capped the parking meters to stimulate downtown business and questioned how can they cap a meter and not approve a loan program. Council Member Schwing pointed out that the Area Economic Development Corporation has commissioned a study that should be completed in the next few weeks that will address those problems on what the City can do to stimulate the economy. Council Member Slavik referred to the low interest bank pool which was suggested by CC'90 and indidicated that she would like to move forward with this. City Manager Garza noted that he has had conversations with local bankers and they would like the idea, but the question is whether or not the state statute will allow the City to do it. Council Member Rhodes referred to the upcoming retreat, noting that the Council should decide as a whole what they want to accomplish because there may be a better way to spend the money in the downtown area. it. Withdrawn AHTHOR184N9-TH£- FSAT3AN-OF-4- N9:RAC-WI-TN--'FEi8r-G6&PWS-CHRISTI-;NBHBTHIAL BSY£b9PH£NT- GORP(SRAT1.0N--4GPA-904-44--ES-TABirl-A--BOWNTOW#-TNG-i,9AN £8N8;-Alia-APPROPRIATING-442b7909t * * * * * * * * * * * * * * Mayor Pro Tem Pruet opened the public hearing on the following zoning application: 15. Application No. 588-1, Messrs. Manley Springs and Juan Martinez dba Allstate Insurance: For a change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business District on Lots 20 and 21, Block 2, Stonegate South, located on the southwest corner of Everhart Road and Bonner Drive. Mayor Pro Tem Pruet noted that the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant "AB" with a special permit for a 12}' high 16.25 square foot illuminated, freestanding sign and a 26 square foot illuminated wall sign. Minutes Regular Council Meeting June 7, 1988 Page 13 In answer to a question from Council Member Rhodes, Brandol Harvey, Planning Director, noted that the majority of the opposition was to the possible uses that the "B-1" zoning would bring with it, and those who were aware of the signage indicated that they had no problem with the signage as long as the current use is all that continues. Mr. Harvey pointed out that the twenty percent rule is in effect which will require seven affirmative votes to approve. Assistant Secretary Zahn polled the Council for their vote and the following Ordinance was passed: ORDINANCE NO. 20341 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MANLEY SPRINGS AND JUAN MARTINEZ D/B/A ALLSTATE INSURANCE BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 20 AND 21, BLOCK 2, STONEGATE SOUTH, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT WITH A "SP" SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE DISTRICT WITH A "SP" SPECIAL PERMIT FOR A 12}' HIGH, 16.25 SQUARE FOOT ILLUMINATED FREE-STANDING SIGN AND A 26 SQUARE FOOT ILLUMINATED WALL SIGN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye"; Turner absent. * * * * * * * * * * * * * * Mayor Pro Tem Pruet opened the public hearing on the following zoning application: 16. Application No. 488-2, Mr. Ben L. Herndon: For a change of zoning from "B-1" Neighborhood Business District to ""13-4" General Business District on Lot 24 and the remaining portion of Lot 25, Block 6, Koolside Addition, located on the southwest corner of Airline and Gollihar Roads. Brandol Harvey, Planning Director, noted that the Planning Commission's recommendation is denial, and in lieu thereof, grant a revised special permit for an auto air conditioning repair shop with associated engine repair, which hours of operation shall be limited from 8:00 a.m. to 6 p.m. with an additional driveway on Gollihar Road, and in compliance with "B-1" sign regulations, and that the Planning Staff recommends denial. Mr. Harvey presented some background information on this application and noted that the twenty percent rule is in effect and the ordinance will take seven affirmative votes to approve. In answer to questions from Council Members, Mr. Harvey noted that the Staff recommends denial of the "B-4" zoning indicating that the driveway is not necessarily detrimental to the point that it should be removed. He noted that there were several violations consisting of the signage, the car sales and any automotive repair beyond that which is specifically addressed in the Special Minutes, Regular Council Meeting June 7, 1988 Page 14 Permit. He noted that car sales are occurring which is a violation. Mr. Harvey noted that the proposed ordinance would reiterate the Special Permit that has been in place, allow the driveway to remain, and by implication, therefore, any car sales and significant engine repairs and the signage continue to be violations, noting that the car sales remain in violation and would have to be pursued as a violation. In answer to a question from Council Member Guerrero as to whether a special permit would be acceptable to the staff and applicant, Mr. Harvey noted that car sales is a "B-4" type use, and it would be unacceptable in that area, and the applicant indicated that a special permit would be acceptable. Council Member Rhodes noted that last time the zoning for this property was discussed, the Council did not address the car lot, but indicated they could have a special permit to do the air conditioning repair and other things required to fix the air conditioning. She stated that as she understood this, the only thing that is different if the Council went along with the recommendation, would be okaying the driveway which is already there. In answer to a question from Council Member Schwing, Planner Alice Terrall stated that there have been complaints made about the auto mechanics work; the complaints centered around basic violations on the property, most of which pertain to operating the air conditioning repair shop after the required hours. She explained that prior to that special permit, complaints centered around noise associated with the auto mechanics shop. She stated that to her knowledge, no one has complained specifically about the auto sales. Council Member Strong referred to the previous zoning application and stated that they need to adhere to the guidelines that were laid out for the air conditioning repair shop. She noted that the classic car sales have been going on for years and are not particularly offensive, noting that she did not believe there had been any complaints by the staff about this particular business. Mrs. Strong noted that she would be in favor of enforcing the current special permit with the allowance of the driveway, plus the allowance of the car sales which is in existence. In answer to a question from Council Member Slavik, Mr. Harvey noted that he read the Planning Commission and City Council Mintues and got the impression that the car sales were not being considered as acceptable and that is why the special permit was worded the way it was. He asked that if the Council wants the car sales continued in the special permit, that they consider including score limitation on how much of the lot may be devoted to car sales. Mr. Jack Colmenero, 1235 Nile, representing the applicants, presented the Ccuncil with material and gave some background information on the property, referring to a previous building permit and recent driveway permit. Mr. Colmenero displayed slides of other places that sell cars which do not have a T' Minutes Regular Council Meeting June 7, 1988 Page 15 B-4 zoning permit, and he also showed slides of that in lieu of B-4, they are requesting a B-1 with a special permit to continue the used car and associated engine repairs, with a revised and the curb cut. the Herndon property. He stated neighborhood business district lot, the auto air conditioning special permit for the driveway Mr. Ben Herndon, Jr. presented a signed petition to the Council which indicated that car sales are not offensive at this location. In answer to a question from Council Member Slavik regarding parking spaces, Mr. Harvey stated that since there are a lot of uses occurring on the site, parking for each one of the uses that continues needs to be taken into account, and Mr. Colmenero stated there is approximately 3,000 square feet and 200 square feet per car is what is needed. In answer to a question from Council Member Rhodes, Mrs. Terrall indicated that the Planning Commission did not discuss in detail the car sales, they were aggravated about the additional driveway and did not want to grant any additional use on the lot. Ms. Barbara Cline, 921 Dorothy, stated that she owns rental property in the vicinity and does not want B-4 zoning. She indicated that the neighbors did agree with a special permit for the air conditioning business and the associated engine repair, noting that the special permit has been violated. Ms. Cline asked the Council to please consider supporting the Planning Commission and Staff in the denial of the B-4 zoning. She stated that the neighborhood is opposed to the used car lot, noting there have not been vintage cars there recently, noting she is skeptical of what the future use would be. Ms. Barbara Donaldson, formerly at 913 Airline, which is now a vacant mechanics garage, noted she is opposed to the B-4, noting that there are other kinds of cars instead of classic. She noted that Mr. Herndon, Jr. told her that money talked and she did not have the right to conduct a business because he had Betty Turner and Linda Strong on his side. She noted she no longer is in business. She noted that the Herndon's are in violation of their special permit, noting that there is not enough room there for a car lot. Mr. Ben Herndon presented some lengthy background information on his business history and elaborated about the recent driveway. He indicated he did not know of one car lot in Corpus Christi which has B-4 zoning. Mr. Harold Epperson, 841 Drexel, zoning and asked the Council to follow He stated he is not extremely opposed limited to a certain number. stated he is strongly opposed to B-4 the Planning Commission recommendation. to the car lot, but that it should be A motion was made by Council Member Slavik to close the public hearing; seconded by Council Member Strong and passed unanimously by those present and voting. Minutes Regular Council Meeting June 7, 1988 Page 16 A motion was made by Council Member Strong to amend the ordinance to grant a revised special permit for an auto air conditioning repair shop with associated engine repair, which hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. with the legalization of the additional driveway on Gollihar, and the present used car sales limited to fifteen cars on the lot. The motion was seconded by Council Member Schwing . Mr. Harvey stated that he is not quite sure that if 15 parking spaces were deleted from the parking inventory to accommodate the used cars' parking, there would be sufficient parking to meet the zoning requirements for the other businesses currently there. Council Member Strong changed her motion to amend the Planning Commision recommendation to add "allowing the present used Car sales with the understanding that the planning and zoning staff will handle what is legal." The motion was seconded by Council Member Slavik. In answer to a question from Assistant Secretary Zahn, Mr. Harvey noted that a revised site plan would not be required unless the Council included it as part of the special permit requirements. Assistant City Manager Elizondo stated that the amended motion will require the majority of five votes, and the ordinance to adopt the zoning change would require seven affirmative votes. He noted that if the ordinance failed, staff will go to the property owner and force him to tear out the driveway and pursue removing the used car sales, reiterating that staff will enforce the special permit which does not include the driveway or the used car sales. The vote on the motion failed by the following vote: Pruet, Schwing, Slavik and Strong voting, "Aye"; Berlanga, Moss, Guerrero and Rhodes voting, "No"; Turner absent. In answer to a question from Council Member Schwing, Mr. Harvey noted that it was his impression that the Planning Commission clearly understood that they were deleting car sales as the legal option, and that they understood that their discussion and motion would not legitimize the car sales, and Ms. Terrall noted that it was indicated at the Planning Commission meeting that the applicant was requesting a change to B-4 to legalize auto sales, as well as continue the use of the repair shop. She noted that the Planning Commission was rather upset at the additional driveway and took action for the special permit to allow the driveway and no further uses. She pointed out that the purpose of this application was to legalize auto sales, and the previous application was to allow the auto mechanics garage. A motion was made by Council Member Strong to refer the application back to the Planning Commission with specific questions on whether they are in favor of continuing the used car sales which have been in operation since 1981. The motion was seconded by Council Member Slavik. r Minutes • Regular Council Meeting June 7, 1988 Page 17 After more discussion, the vote on the motion failed by the following vote: Schwing, Slavik and Strong voting, "Aye"; Pruet, Berlanga, Guerrero, Moss, and Rhodes voting, "No"; Turner absent. Assistant City Secretary Zahn polled the Council for their votes and the following Ordinance failed to pass: Failed AM€NP4NG--FFIS- 30IVbNG--0RD-I-NANG-8PON--APPhIGAT9N--GF--BA-41-s--i ERNDON BV GRANTING-4r-REV46£E--61160-1443--GOUNGi,- PERMIT -FGR--A?4--AUTO ----GONDITIONING REPAIR -SNAP- 1464r660G ALF ENG14&-R€BA1RT-{JN-IAN--IIfARES--0-GRERN'FIG4-6NAbis 66 -LIMITER -FROM -6-ATMT-TO -6-12rMs-9N-69T-44-AND -THE -REMAINING -PORTION -OF -BOT 25T-Bl,9GT;-6T-K991,64BR-ABBIT9N,-AND -B£GbARiNG-AN -EMERGENG$T The foregoing Ordinance failed to pass by the following vote: Guerrero, Moss, Rhodes, and Strong voting, "Aye"; Berlanga, Pruet, Schwing and Slavik voting, "No"; Turner absent. * * * * * * * * * * * * * Mayor Pro Tem Pruet called for consideration of Item No. 17 pertaining to the Plat Appeal - Countiss Addition, Block 1, Lot 1 - Appeal of platting requirement of water construction plans and construction and installation of fire hydrant. Assistant City Manager Garza noted that the City's platting ordinance requires a 6" water line for all residential property that is being platted. He noted that they requested a waiver of this requirement and then appealed to the Council. He noted that staff recommends denial of the appeal, and that the water line be constructed according to the requirements of the ordinance. Mr. Gary L. Martin, representing William B. Snyder, presented information to the Council and stated that his purpose is to appeal the requirement for a 6" water line and a fire hydrant installation. He referred to the information presented to the Council and referred to the platting fees, indicating that the total expenses, not including the fire hydrant, are $4,032.14. He noted that the total cost of $8,319.14 to replat the subject property is over 15% of the sales price and appraised value, and the total out-of-pocket expenses, $18,189.14 before any refund from the City, is over 33 percent of the sales price and appraised value. Mr. Martin noted that the buyer is fully aware of the problems and will waive the fire hydrant and the 6" water line and take the property. He noted that the Planning Commission was informed by the staff that they had to deny the appeal because of the standing ordinance, noting that all but one member went on record stating that the ordinance needs to be looked at and revised. Mr. Martin played an audio tape of the Planning Commission meeting, noting that even though they were required to deny the appeal, three of them voted to accept the appeal and three of them voted to deny and went on record stating that the ordinance needs to be looked at. Minutes Regular Council Meeting June 7, 1988 Page 18 After discussion on the appeal by the Council Members and staff, a motion was made by Council Member Guerrero to accept the staff's recommendation and deny the appeal. The motion was seconded by Council Member Rhodes and passed by the following vote: Pruet, Berlanga, Guerrero, Moss, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken; Turner absent. (M88-0131) * * * * * * * * * * * * * Mayor Pro Tem Pruet called for liaison and other reports from the Council. RTA - Council Member Moss noted that Bill O'Boyle has resigned from the RTA, and City Secretary Chapa noted that his term was due to end this month, proposing that it be put on for reappointment the first week in July. Council Member Rhodes referred to a letter pertaining to the Wilhelmi art work at City Hall; and City Manager Garza noted that the staff is looking i Lv this matter. City Manager Garza referred to the date of July 5 for cancelling the Council Meeting, and it was the consensus of the Council that the July 5 Council Meeting be canceled. Mr. Garza referred to the budget meetings and requested that the Council express their concerns in writing or phone them in so that they can be addressed during the budget discussions. * * * * * * * * * * * * * Mayor Pro Tem Pruet called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, referred to an article in the Caller Time of May 15 in reference to a business matter concerning Council Member Pruet, noting that the City Manager made a statement indicating that there was a conflict of interest. He alleged that the City staff and council are covering up the conflict of interest by not paying the bill, noting that if the money is due, it should be paid. Mr. Rosenstein referred to other statements by the City Manager, noting that there is an admission that the code of ethics was violated. Mayor Pro Tem Pruet recessed the Council Meeting at 7:05 p.m. to convene the meeting of the Corpus Christi Housing Finance Corporation and Corpus Christi Industrial Development Corporation. After the above meetings, the Council went into closed session under authority of Article 6252-17, Section 2(e) of V.A.C.S. to discuss pending/contemplated litigation. (Condemnation matters and bond matters) Mayor Pro Tem Pruet reconvened the Council Meeting at 7:25 p.m., and there being no further business to come before the Council, he adjourned the Council Meeting at 7:27 p.m. on June 7, 1988. * * * * * * * * * * * * a 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 June 7, 1988 which were approved by the City Council on June 14, 1988. WITNESSETH MY HAND AND SEAL, this the Jyday of %`I Y r $letty Turn , MAYOR Armando Chapa, City (Secretary City of Corpus Christi