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HomeMy WebLinkAboutMinutes City Council - 03/28/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 28, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing * Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik * Linda Strong City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa 1%Q Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Milton Muehlberger of Abiding Savior Lutheran Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. City Secretary Chapa called the roll and verified that of the Council and the required charter officers were pr meeting. Mayor Turner called for approval of the Minutes of Meeting of March 21, 1989, and there being no additions proclaimed them approved as written. the necessary quorum esent to conduct the the Regular Council or corrections, she Council Member Berlanga read and presented a Proclamation to his daughter, Rose Avila, who resides in Saudia Arabia and is visiting relatives in Corpus Christi. * Council Member Slavik arrived at the meeting at 2:04 p.m. Mayor Turner read a Proclamation designating March 24 - 31, 1989, as "National Community Development Week" which she presented to Chris Gorham, Housing/Urban Development Director. * Council Member Schwing arrived at the meeting at 2:05 p.m. Mayor Turner acknowledged Lloyd Lindeburg, Gas Superintendent, and presented Certificates of Commendation to representatives of Williams MICROFILMED ,nutes Regular Council Meeting March 28, 1989 Page 2 Wholesalers and KCCT for their assistance in raising funds for the City's "Operation Heat Help" Program. Mayor Turner read a Proclamation designating the month of March, 1989, as "Mental Retardation Month." She presented the Proclamation to Ms. Cheryl Gothberg, Service Director of the Nueces County Retardation Center, who along with other members of the Center, presented the Council with T-shirts. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 5, and a Council Member requested that Item No. 1 be withheld for discussion. There were no comments from the audience on Items 2 thru 5. * Council Member Guerrero arrived at 2:22 p.m. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M89-0083 Motion approving the appointment of the accounting firm of Peat Marwick Main & Co. to perform the independent audit for fiscal year ending July 31, 1989 at a fee of $69,000. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 3. M89-0084 Motion accepting the McNorton Area Drainage Improvements project, and authorizing final payment of $121,475.78 plus retainage interest to Haas Paving Company, Inc. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 3a. M89-0085 Motion authorizing the City Manager to execute a contract with the Corpus Christi Police Officers' Association pursuant to collective bargaining negotiations for the period April 1, 1989 - July 31, 1991. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." ,inutes Regular Council Meeting March 28, 1989 Page 3 4. ORDINANCE NO. 20636 AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND SANITATION, SECTION 23-57, SWIMMING POOL STANDARDS, TO SUBSTITUTE THE TERM "PROPERTY SWIMMING POOL" FOR THE TERM "PUBLIC SWIMMING POOL"; AND PROVIDING FOR SEVERANCE. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 5. SECOND READING CLOSING AND ABANDONING A TWO-INCH PORTION OF A 7.5 FOOT WIDE BY 19 FOOT LONG UTILITY EASEMENT IN LOT 12, BLOCK 4, LAGUNA ESTATES UNIT 1, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The foregoing Ordinance passed on second reading by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." In answer to questions from Council Member Moss relative to Item No. 1 on the Computerized Cashiering Equipment, City Manager Garza explained that he would like some accountability with this system; it is considered to be a very good system; and there will be one vendor responsible to make sure the system works as planned. Mr. Garza indicated that the system is well worth the money. Mr. Moss inquired about the electronic cash drawer, and Assistant City Manager Andrews stated that it is a totally computerized system; it is a physical drawer which fits into the system; and it is electronically keyed to the system's use. A motion was made by Council Member Slavik to approve Item No. 1; seconded by Council Member Guerrero and passed unanimously. 1. M89-0082 Motion authorizing the City Manager to enter into an agreement for the purchase of computerized cashiering equipment, software, and all applicable licenses from Unisys in the amount of $95,551. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 6 pertaining to the Agreement to Provide for a Public Emergency Medical Service System. City Manager Garza indicated that he strongly recommends the contract; it is a good contract; and the City will have a couple of years to identify ways to fund this program completely. In answer to questions from Council Member Berlanga, City Manager Garza indicated that the City's share of the funding will be $1.4 million to $1.5 Ainutes Regular Council Meeting March 28, 1989 Page 4 million a year, and at this point, it appears that the county will not become involved in the service. Mr. Garza provided some background history of the evolution of the ambulance program. He stated that the City has plans to add a seventh ambulance to the fleet next fiscal year; it will entail some cost; and the item will be brought to the Council for approval. Council Member Slavik expressed the opinion that the county should share in this expense. She inquired about the status of privatization, and City Manager Garza indicated that staff has studied services in other cities; there is always an alternative; and the City needs to make sure that they are taking advantage of all the funding sources and management techniques which are available to run the program. He stated that the City has a very well-managed program; it is very effective; and it is a low-cost program. Mr. Garza pointed out that staff did not find a program which provided services at a comparable cost, but will study all the alternatives to make this a cost-effective and efficient system. Mr. Garza indicated that staff is working on a report relative to privatization, stating that the Council will receive a proposal for the City to acquire more of the automatic defibrillators. Mayor Turner noted that other options for funding would be user's fees, charging the county for their fair share, the Regional Transit Authority and privatization. Assistant City Manager EIizondo pointed out that there is a variety of ways of delivering these services and each community has taken a different approach. He stated that the City's system is very competitive across the nation and in comparison to other cities, it is of a better quality. Council Member Strong noted that in most of the systems that have been examined, the City's collection rate is really in line with almost everyone elses, public or private; this is a service that does not pay for itself; and there are some ways that the City can enhance their services. Council Member Rhodes indicated that the least costing way of providing the service should not be the number one factor. She referred to the defibrillators and stated that even though the equipment may be inexpensive, the people who run the equipment are going to be the cost factor. Fire Chief, J. J. Adame, noted that the personnel who will be trained to use the defibrillators will be available to respond to other emergencies. Mr. R. J. Herschbach, 4650 Hakel, spoke in opposition to privatization for this service and pointed out that the City had a private ambulance service up until the year 1973 and it did not work out. 1inutes Regular Council Meeting March 28, 1989 Page 5 Ms. Martha Peck, a resident in the area of Saratoga and Everhart, stated that the City has a serious problem because there is only one ambulance located at Kostoryz and Gollihar to service the entire south side. Ms. Shae Salinas, 6730 Everhart, commented on privatization, stating that services provided to the public must be regulated by a higher authority. In answer to a question from Council Member Slavik, Mr. Elizondo noted that the agreement updates the name of the EMS service to Public Emergency Medical Service System. A motion was made by Council Member Strong to approve Item No. 6; seconded by Council Member Slavik and passed unanimously. 6. M89-0086 Motion approving an agreement between the Nueces County Hospital District and the City to provide for a Public Emergency Medical Service System. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 7 relative to the Ethics Ordinance changes, stating that the ordinance was approved last week on second reading; the Council requested two alternatives; and there are two alternate recommendations before the Council. Council Member Rhodes indicated that having compared what was introduced by Mrs. Strong's amendment last week with what was introduced in the first reading, there were a considerable number of items deleted. She indicated that under the Initial Reporting section, the Ethics Review Committee was eliminated from the list of reporting officials. She stated that she would like that language inserted. Mrs. Rhodes referred to Sec. 2-353 - Content of Reports, noting that (a) Name and residence address; (b) All professional, occupational, or business licenses held by the reporting official; and (c) The reporting official's occupations, the names of any businesses with which the reporting official was associated, and the principal address and phone number of each were deleted from the amended version of the code presented by Mrs. Strong. Mrs. Rhodes made a motion to add items (a), (b) & (c) to the Financial Disclosure division. The motion was seconded by Council Member Strong and passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Rhodes, Slavik and Strong voting, "Aye"; Pruet voting, "No." Mrs. Rhodes referred to (d) under Content of Reports and noted that the phrase "the date incurred" was left out. She made a motion that the phrase "date incurred" be added. The motion was seconded by Council Member Guerrero and failed to pass by the following vote: Guerrero, Rhodes and Slavik voting, "Aye"; Turner, Schwing, Berlanga, Moss, Pruet and Strong voting, "No." Ainutes Regular Council Meeting March 28, 1989 Page 6 Mrs. Rhodes referred to (e) and noted that the phrase "in total obligation" was deleted. She made a motion to insert the phrase, "in total obligations." The motion was seconded by Council Member Guerrero and failed to pass by the following vote: Guerrero, Moss, Rhodes and Slavik voting, "Aye"; Turner, Schwing, Berlanga, Pruet and Strong voting, "No." Mrs. Rhodes referred to the section relative to financial disclosure by candidates, pointing out that it was eliminated. She made a motion to reinsert the financial disclosure by candidates. The motion was seconded by Council Member Guerrero. Discussion followed and Council Member Rhodes indicated that candidates filing the financial disclosure has been a significant part of the financial disclosure in all the cities the committee studied. She stated that the public is trying to decide who these people are that they are voting into office. Council Member Slavik stated that the candidates should be willing to file a financial disclosure. She stated that the code of ethics should be explained by the City Secretary's office, stating that the candidates should understand what is expected from them. Mrs. Slavik stated that statistics have proven that if a person wants to increase their business, they run for the City Council. Mayor Pro Tem Schwing stated that he has never indicated that his business has increased since he has been on the City Council, noting that his business has actually suffered. He stated that his gross sales were less than 1987 and his net profit decreased by $13,000. Mr. Schwing stated that his records are open to the public for inspection. The aforementioned motion passed by the following vote: Berlanga, Guerrero, Moss, Rhodes and Slavik voting, "Aye"; Turner, Schwing, Pruet and Strong voting, "No." Mayor Turner expressed concern about the requirement for the City Council to appoint the members of the ethics commission by a vote of six plus one members of the Council, stating that she thought two-thirds vote is adequate. Council Member Guerrero stated that it is very important to the minority members of the Council that those in favor of a strong ethics ordinance are not made a mockery of by a kangaroo committee that will be appointed to review this ordinance. He stated that six plus one insures at least that the minority members on the Council can block any other appointment that may not be in favor of a strong ethics ordinance. He stated that he could not see anything less than a six plus one vote. Mayor Pro Tem Schwing stated that the biggest mockery would be if the Council is interested in appointing a good review committee that any three members could block everybody and this committee would never come into existence. Mr. Schwing made a motion that it would require a two-thirds vote of r Ainutes Regular Council Meeting March 28, 1989 Page 7 the Council, which is six votes, commission. The motion was seconded following vote: Turner, Schwing, Berlanga, Guerrero, Rhodes and Slavik to appoint the by Council Member Moss, Pruet and voting, "No." members of the ethics Pruet and passed by the Strong voting, "Aye"; Council Member Guerrero referred to (d) under Section 1, stating that he would like to add, that "a majority plus two" constitutes a quorum. He indicated that he is afraid of a kangaroo court committee in reviewing this ordinance. He made a motion that "a majority plus two" constitutes a quorum. The motion was seconded by Council Member Slavik and failed to pass by the following vote: Guerrero, Rhodes and Slavik voting, "Aye"; Turner, Schwing, Berlanga, Moss, Pruet and Strong voting, "No." Council Member Guerrero requested another change under (f) - Section 1, moving that he would like the ethics commission to conduct a minimum of three public hearings. The motion was seconded by Council Member Strong and passed unanimously. Mr. Guerrero referred to (e) under Section 1, stating that he would like for the chairperson of the ethics commission plus two members to be able to call a meeting or any three members. The motion was seconded by Council Member Slavik and passed unanimously. Mayor Turner referred to the definition of relative and suggested that it be referred to the commission for review, noting that there are several problems with what constitutes the definition of relative. Discussion followed and City Manager Garza stated that the word "grandfather" was left out in the definition of relative. Council Member Strong made a motion to add grandfather -in-law to the list of relatives. The motion was seconded by Council Member Slavik and passed unanimously. Council Member Rhodes commented on the disclosures of a small business and stated that if business sources are not identified, the City is not really providing financial disclosure. She stated that financial disclosures along the lines of Amendment "B" are required in all cities that require financial disclosures. She stated that no one is going to have to list the amounts of money that their clients provide, noting that it is just providing a list so people know who the Council Members are being influenced by. She stated that she called people in Austin and there were a couple who could not deal with the financial disclosure, but if you weigh that on the public's right to know and have confidence in their Council Members to make disclosures, this is a critical aspect of the financial disclosure. She stated that to take it out, like everything else has been taken out, there is only one good provision left and .1inutes Regular Council Meeting March 28, 1989 Page 8 that is the reporting of gifts. She urged the Council to vote against Amendment "A." Discussion followed and a motion was made by Council Member Strong to accept Alternative "A". The motion was seconded by Council Member Pruet and passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet and Strong voting, "Aye"; Guerrero, Rhodes and Slavik voting, "No." Council Member Rhodes stated that she is now in a dilemma because she is faced with voting for this ethics code as gutted as it is, or voting against it because all the good provisions have been deleted, and Council Member Guerrero expressed the opinion that the Council does not have an ethics code. Mr. Lewis Lovelace, 1549 Case Grande, urged the Council to adopt the code of ethics originally presented by Council Member Rhodes in order for people to have faith in the Council. Mr. Lovelace stated that he cannot understand why the Council wants to gut the ordinance. Mr. Philip Rosenstein presented material to the Council and stated that the Council needs a code of ethics. He urged the Council to include what they eliminated from the code. Mr. Rosenstein referred to last week's Council Meeting whereby comments from the audience were not called for until after the vote was taken on the code of ethics ordinance. He stated that he is charging a violation under the state law that the mayor is still employed by Brush Country Services. Mayor Turner indicated that she is not employed by any agency; she does contractual work; she received approval to do that in 1979 from the legal staff; and it is not a conflict. Mr. Raymond Hasker, 1813 Wallace, made comments relative to the gutting of the ordinance. He commented on ethics and talked about various instances which the Council has voted on. Mr. Scott Johnson, 4325 Walton Place, suggested changes in terminology in the code, and it was pointed out that the sections Mr. Johnson referred to were removed. Ms. Shae Salinas, 6730 Everhart, referred to the subject of ethics and stated that the main issue is to establish an ethics commission and have faith in that commission to decide on the ethics issues. After further discussion relative to points of clarification in the code, City Secretary Chapa polled the Council for their votes and the following Ordinance, as amended, was passed by the following vote: Before the vote, Council Member Guerrero pointed out that it must be understood by the media that the Council is not voting for an ethics ordinance, and Council Member Rhodes concurred with Mr. Guerrero. .Minutes Regular Council Meeting March 28, 1989 Page 9 7. ORDINANCE NO. 20637 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE V, TO ESTABLISH RULES OF CONDUCT FOR CITY OFFICIALS, EMPLOYEES, AND BOARD MEMBERS, AN ETHICS REVIEW PANEL, FINANCIAL DISCLOSURE, AND FINES AND PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance, as amended, passed on third reading by the following vote: Turner, Berlanga, Moss, Pruet and Strong voting, "Aye"; Guerrero, Rhodes and Slavik voting, "No"; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 8. Application No. 389-1, Mr. Alberto R. Huerta: For a change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-1" Neighborhood Business District on a 0.2261 acre tract out of the south of the north } of Section "C", Paisley's Subdivision, and Lot 11, Block 1, Virginia Place Unit 3, located on the northwest corner of Gollihar Road and Spring Street. Mayor Turner stated that the Planning Commission and Staff recommend approval subject to replatting, noting that due to Article 27, Section 27-3.06.03 of the Zoning Ordinance, the owner of the property is required to replat the subject property into one lot consisting of a minimum 100' of street frontage. Mayor Turner inquired if the recommendation was acceptable to the applicant, and he replied in the affirmative. There was no opposition from the audience. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their motion was passed: M89-0087 Motion accepting the application of Mr. zoning map in reference to a portion Section "C", Paisley's Subdivision from to "B-1" Neighborhood Business District vote and the following Alberto R. Huerta for changing the of the south of the north } of "R -IB" One -family Dwelling District subject to replatting. .inutes Regular Council Meeting March 28, 1989 Page 10 The foregoing motion passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing and Strong absent at the time the vote was taken. NOTE: Council Member Schwing was absent from the Council Chambers during the vote on this motion but later returned and acknowledged his approval of the application. City Secretary Chapa informed the Council that once the property is replatted, an ordinance will be brought back to the Council for final approval. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 9. Application No. 389-2, Mr. Ariel A. Garcia: For a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 16 and the West 10' of Lot 15, Block 2, Koolside Addition, located on the north side of McArdle Road, approximately 150' east of Lum Avenue. Mayor Turner noted that both the Planning Commission and staff recommend denial of this application. In answer to a question from Mayor Turner, Brandol Harvey, Director of Planning, commented on the surrounding property in the area and noted that a special permit was discussed by staff and by the Planning Commission. He stated that a motion for a special permit was made at the Planning Commission and it failed. Mr. Ariel Garcia, the applicant, 5114 Bromley, stated that the special permit was not granted at the Planning Commission meeting because he was not prepared in his presentation. He stated that he would like the owner of the property to speak first, and he will make his comments later during the meeting. Mr. J. C. Byles, 6636 South Staples, owner of the subject property, presented background information on the history of the property and the surrounding area. Mr. Byles inquired about various pieces of property in the surrounding area where zoning was approved. He stated that petitions will be presented during the meeting, whereby 14 out of 17 people on McArdle signed the two petitions in favor of zoning the subject property. Mayor Turner inquired why staff would not recommend "B1" across the street from major business development, and in particular on a street like McArdle, and Mr. Harvey stated that this area is zoned "AB," inter -mixed with "R -1B," and mixed in among that are single-family uses. Council Member Slavik expressed concern about the proposed use in the area for a muffler shop, stating that it is a high intensity usage for that side of McArdle. She stated that she supports the "AB" zoning. Minutes Regular Council Meeting March 28, 1989 Page 11 In answer to a question from Mrs. Slavik, Mr. Harvey stated that some of the properties in the area are vacant; some are used for professional offices; and some are used for single-family residences. He stated that the area is in transition from single-family to business type uses, and the Council and Planning Commission have established that the area should transition to professional offices, as opposed to retail and higher intensity commercial. He presented some background on the property in the area and stated that the Planning Commission did indicate that they might be more receptive to "B-1" lower intensity uses under a special permit. He stated that it is very unusual for any zoning ordinance to consider a brake and muffler shop for "B-1" zoning, stating that it is really more comparable to the "B-4" uses as they are listed in the zoning ordinance. Mr. Bob Bridges, 7610 McArdle, stated that he has rental property in that area and will not rent to anyone with small children because of the traffic. He expressed the opinion that the property is not residential, but a business- related property. Mr. Bridges urged the Council to check out the area. Mr. Ariel Garcia, the applicant, stated that there are two residential houses that are in the area of the subject property, stating that most of the residences are empty. Mr. Garcia explained his intentions for the subject property, stating that he will not do any major automotive repair or body work. He stated that he was not prepared at the Planning Commission meeting but feels that he would have gotten the special permit if he were better prepared. He stated that he has checked and people in the neighborhood are not opposed to his application. Slides were presented of the subject area, and Mr. Garcia commented on the slides and presented a brief history of the property in the area. Discussion followed and Council Member Pruet stated that this area is in transition; it is well adapted and suited for commercial zoning; and "B-1" neighborhood zoning would be appropriate zoning because it does back up to neighborhoods and would offer the best use. Mr. Pruet moved that the property be rezoned "B -l." The motion was seconded by Council Member David Berlanga. Council Member Rhodes inquired why the City has adopted policy statements if they are going to turn around and ruin people's neighborhoods. She stated that possibly putting in the "AB" or light "B -l" usage would make a good buffer to the residential section. She indicated that putting in what is being asked for is heavy "B-1" and it does not go along with the City's policy statements. She urged that the Council vote against this change of zoning. Mr. Harvey stated that this is an area in transition and if this particular block goes to high intensity use, there will be a lot of pressure from the owners of other property in this neighborhood to be zoned commercial. Mayor Turner expressed the opinion that at this time, she felt that "B-1" zoning would be appropriate since it is not unusual to have this type of zoning next to a residential neighborhood. .4inutes Regular Council Meeting March 28, 1989 Page 12 Council member Berlanga concurred and expressed the opinion that a brake and muffler shop would not be too noisy for this area. Mr. Virgil Howard, attorney representing the applicant, described the neighborhood adjacent to the Montgomery Ward automotive operation, stating that he had represented another property owner when they sold their property next to this facility. He emphasized the fact that this neighborhood is in transition and "B-1" zoning would not be objectionable. Ms. Marie Colson, 6702 Yorktown Boulevard, explained that she owns four lots on McArdle Street and informed the Council that many burglaries have occurred in the neighborhood; there is an excess of trash blowing into the yards from the shopping centers; and she has experienced difficulty in renting the houses that she owns in that vicinity. She expressed the opinion that the muffler shop would not be any more objectionable than the activities at Montgomery Ward. Mr. Earl Wilder urged that the Council consider the entire picture because the residences on Lum and Dorthy Streets are not typical residential properties. A motion was made by Council Member Slavik that the hearing be closed; seconded by Council member Moss and passed unanimously by those present and voting. Council Member Rhodes agreed that some of the area is not residential but the Council needs to determine what would be appropriate zoning between "R -1B" zoning and the shopping centers. She pointed out that "AB" zoning provides a good buffer. The motion by Council Member Pruet passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet and Strong voting, "Aye"; Rhodes and Slavik voting, "No"; Guerrero absent at the time the vote was taken. Mayor Turner suggested that the Council and the Planning Commission should take a look at this area. Planning Director Harvey stated that this is the Southeastern Area Development Plan and there are a couple of policy statements that will be coming to the Council which will have to do with looking at ways to modify the zoning ordinance. City Secretary Chapa indicated that there is no ordinance before the Council relative to this application at this time, stating that the application will be brought back to the Council and will require six votes to pass. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: Ainutes Regular Council Meeting March 28, 1989 Page 13 Application No. 289-1, U -Haul Company of South Texas: For a change of zoning from "A-2" Apartment House District with a "SP" Special Permit (for recreational vehicle repair) to "I-2" Light Industrial District on a 1.76± acre of land out of Lot A, Byron Willis Subdivision, located south of McArdle Road, between Kathy and French Drives. Mayor Turner noted that both the Planning Commission and Staff recommend denial of this application, and in lieu thereof, grant a special permit for a mini -storage warehouse development, allowing conversion of an existing two-story metal building into a two-story mini -storage warehouse facility, prohibiting access to McArdle Road and meeting the City's standard screening fence requirement, all in accordance with the site plan submitted. Mayor Turner inquired if the recommendation is acceptable to the applicant, and he replied in the affirmative. A motion was made by Council Member Strong to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting. Council Member Rhodes indicated that she will vote against because there are too many neighbors opposed to the application. City Secretary Chapa polled the Council for their votes and Ordinance was passed: ORDINANCE NO. 20638 the ordinance the following AMENDING THE ZONING ORDINANCE UPON APPLICATION OF U -HAUL COMPANY OF SOUTH TEXAS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MINI -STORAGE WAREHOUSE DEVELOPMENT, ALLOWING CONVERSION OF AN EXISTING TWO-STORY METAL BUILDING INTO A TWO-STORY MINI -STORAGE WAREHOUSE FACILITY, PROHIBITING ACCESS TO McARDLE ROAD AND MEETING THE CITY'S STANDARD SCREENING FENCE REQUIREMENTS ON A PORTION OF LOT A, BYRON WILLIS SUBDIVISION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Moss, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting, "No"; Guerrero and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza indicated that today might possibly be the last Council Meeting for this Council and he publicly stated that he has enjoyed working with Council Member Pruet who is not running for office this term. Ainutes Regular Council Meeting March 28, 1989 Page 14 City Secretary Chapa requested direction from the Council relative to a special meeting to canvass the votes on the election, and it was the consensus of the Council that a Special Council Meeting be held on Monday, April 3, 1989, at 5:00 p.m. to canvass the votes on the election. Mayor Turner indicated that the Council did an incredibly fine job during their tenure and she expressed her appreciation. Mayor Turner called for liaison and other reports from the Council. Council Member Strong reminded the Council of the "Great Beach Trash -off" this coming weekend. Mrs. Strong referred to Item No. 4 relative to the swimming pool ordinance and asked if the City could postpone the April 1st deadline in order to notify people of the change in the ordinance, so they know what it is they are complying with, and City Manager Garza responded by stating that the City is required to give notice of any of the Council's actions. Mrs. Strong made a motion to postpone the April 1st deadline in order to notify all people of the change. The motion was seconded by Council Member Slavik and passed unanimously by those present and voting. Council Member Slavik referred to the Council's Rules of Decorum, stating that the Council is governed by Robert's Rules. She commented on the fact that if a Council Member is not present for a vote, he should not be allowed to vote when he returns but merely express his opinion on the issue. Mrs. Slavik indicated that the Council is not following Robert's Rules relative to this matter. Discussion followed and a motion was made by Council Member Slavik that the Council abide by Robert's Rules of Decorum; seconded by Council Member Rhodes and passed unanimously by those present and voting; Guerrero and Schwing absent at the time the vote was taken. Council Member Berlanga stated that the Council received a request from Rudy Delgado relative to the feasibility of establishing a location in Corpus Christi to house the artifacts of the various states in Mexico. Mr. Berlanga stated that they are looking for a rent-free location and someone to manage the facility. He stated that this is a very worthy project and can serve as a tourist attraction. Mr. Berlanga indicated that he would like the Council to endorse the project and direct the staff to work with the Economic Development Corporation. Mayor Turner suggested that Mr. Berlanga meet with City Manager Garza and discuss the specific space needs. Council Member Rhodes commented on an issue relative to a replatting problem in Flour Bluff which she has presented to the staff, but has not had any response. Mrs. Rhodes presented a map of the subject property and stated that she would like Mrs. Perry to speak to the issue. Ainutes Regular Council Meeting March 28, 1989 Page 15 Ms. Perry, owner of the subject property, read a prepared statement and presented background information on the property. She indicated that she does not have sewers on Don Patricio Road; they were told there would be sewers; and they have paid exhorbitant fees for sewers which are not going to be installed. She indicated that it is not fair, stating that she would like to replat the front of her property. Council Member Rhodes inquired if the Council has authority to waive the fees for Ms. Perry. City Manager Garza indicated that staff has written a report relative to this issue and it has to be reviewed, and Assistant City Manager Jesus Garza indicated that staff is working on this issue and agreed that it is an unfair situation. He stated that staff is still studying the situation, whereby if there is a way to amend the ordinance or make an exemption to keep this kind of thing from taking place. than that City Manager Garza stated that he would rather amend the ordinance, rather make an exception because it could set a precedent. Mr. Garza indicated the staff is working on this and will present a timetable to the Council. Council Member Berlanga stated that if the City changes there will be cases where that ordinance would apply, noting rather do it on a case by case basis. Council Member Slavik expressed concern relative to this that she had brought this up to the staff quite some time ago, had not heard anything, she thought the issue had been resolved. the ordinance, that he would issue, stating and because she Discussion followed and City Manager Garza explained the procedure for keeping track of the Council's requests. He encouraged the Council to submit requests like this directly to him. Council Member Rhodes inquired about the status on the firefighters' issue relative to the incorrect retirement figures, stating that she reported this awhile back and has not heard from staff. Assistant City Manager Hennings briefly explained the situation, stating that the task force met and there was a question to which they are waiting on an answer. He stated that the basic question is, "Do the firefighters owe more money or not." Mr. Hennings indicated that the City Attorney is studying the fact of whether there is a conflict in the City providing advice to the Piremens' Pension Board or whether they should hire an attorney. Mr. R. Herschbach, 4650 Hakel, explained the problem relative to the mistake in the firefighters' pension and stated that the retired firefighters want a resolution of the problem in compliance with the state law and the City charter. Ainutes Regular Council Meeting March 28, 1989 Page 16 Council Member Rhodes indicated that if a mistake was made, it needs to be corrected as soon as possible. Mayor Turner suggested that the staff meet with Mr. Herschbach and explain to him about the legal problem. Council Member Moss inquired about the repairs to the Balustrade and La Retama Park, and City Manager Garza stated that the bids came in considerably over budget; there was an attempt to redesign the proposal; and staff has not been able to do that. He stated that with the funds the City currently has, both projects can be implemented. Mr. Garza indicated that he is ready to recommend that the City proceed with the bluff portion of the project and work with the Heart of Corpus Christi to raise the additional funds for the park. Mayor Turner inquired about the status of the CP&L and Frost Brothers Buildings, and Assistant City Manager Jesus Garza presented a status report on the CP&L Building, and Assistant City Manager Elizondo presented a report on the the Frost Brothers Building. * * * * * * * * * * * * * Mr. Raymond Wimberly, General Manager of a Pipe and Supply Company, commented on a proposal he presented to the Council the previous week relative to Chapter 4, Alcoholic Beverages, of the Code of Ordinances of the City of Corpus Christi. Mr. Wimberly inquired about the status of the proposal, and City Attorney George indicated that the proposal presented by Mr. Wimberly was turned over to the Police Legal Advisor; the material is being researched; and the results will be brought before the Council in about three weeks. Pastor J. J. Fox stated that he concurred with Mr. Wimberly's proposal relative to alcohol abuse in the City of Corpus Christi. He presented clippings to the Council relative to this issue and made various comments on the alcohol problem in the City. Mr. Philip Rosenstein made absence from the Council Chamber was called for. Mr. Rosenstein Controller and the IRS relative Services. remarks relative to Mayor Pro Tem Schwing's when the vote on the code of ethics Ordinance stated that he intends to go to the State to Mayor Turner's employment by Brush Country Mr. George Benitez, 4605 Lansdown Street, commented on an issue relative to adding names to the monument in Sherrill Park which was denied by the Veterans Affairs Committee. Mr. Benitez stated that there are guidelines which should be adhered to, stating that the monument will be removed if the Council insists that the names be added to the monument. 1 linutes Regular Council Meeting March 28, 1989 Page 17 City Secretary Chapa stated that he will provide the Council with a brief history of the aforementioned issue. Ms. Shae Salinas, 6730 Everhart, commented on an issue of various rape cases in the area of Airline and McArdle, stating that the public should be informed of these crimes. Ms. Vera Clayton, 3929 Westland Drive, commented on a drug situation in the neighborhood relative to a young man who abuses his parents. Mr. Ronald McGee, 417 Judy Street, commented on an issue in Flour Bluff and inquired about what can be done to provide a facility so that people do not dump non -spoilable items, and Assistant City Manager Garza indicated that the City has a brush collection Program in Flour Bluff, stating that staff is working to improve the situation and will work with the citizens. Mr. Bob Reyna, a candidate in the election, stated that several of his campaign signs have been vandalized, and he and his family have received threatening phone calls. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 6:10 p.m. on March 28, 1989. * * * * * * * * * * * * * 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 March 28, 1989 which were approved by the City CouncilL} April 4, 1989./16��l WITNESSETH MY HAND AND SEAL, this the I� day of -- 19 6S . U Armando Chapa, City retary City of Corpus Christi B tty Tur r, MAYOR —