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