Epinning an Automobile Dealerships Act of 2006

Transcription

1 572 September 29, 955 REGULAR MEETNG OF THE CTY COUNCL OF THE CTY OF SAN ANTONO HELD N THE COUNCL CHAMBER N THE CTY HALL ON THURSDAY, SEPTEMBER 29, 955 AT 9:00 A.M. PRESENT: FREDRCH, BANES, PASSUR, CRUMRNE, WNTON, KUYKENDALL, OLVARES, DANELS, GONZALEZ Mayor J. Edwin Kuykendall presiding. nvocation by Rev. Martin Kniker, Evangelical and Reformed Bethany Church. On motion of Mr. Baines, seconded by Mr. Winton, the reading of the minutes of the previous meeting was dispensed with. By unanimous vote the council elected to hold the hearings scheduled for today before the regular agenda. The Clerk then read the following ordinance: AN ORDNANCE 2,708 AMENDNG ARTCLE 3, CHAPTER 60, OF THE CTY CODE BY ADDNG THERETO SECTON 53-A; DEFNNG "SCHOOL BUSES ; PRESCRBNG THE MANNER OF PASSNG SCHOOL BUSES DSCHARGNG OR RECEVNG SCHOOL CHLDREN; PROHBTNG THE OPERATON OF ANY FLASHNG "STOP" SGNAL LGHT ON SCHOOL BUSES EXCEPT WHEN STOPPED OR BENG STOPPED TO RECEVE OR DSCHARGE SCHOOL CHLDREN; PRESCRBNG A PENALTY FOR VOLATON HEREOF; AND DECLARNG AN EMERGENCY ( Full text in Ordinance Book BB page 403) The Mayor asked if anyone wished to be heard, either for or against the proposed ordinance. No one appearing to be heard, on motion of Mr. Winton, seconded by Mr. Olivares, the ordinance was passed and approved by the following vote: AYES, Friedrich, Baines, Passur, Crumrine, Winton, Kuykendall, Olivares, Daniels, Gonzalez; NAYS, none; The next hearing was on Zoning Case #548 to rezone Tract B, NCB 0626, located in the 3800 block of East Commerce from "A" TEMPORARY RESDENCE to J" COMMERCAL DSTRC'J. No one appeared to be heard for or against the rezoning. On motion of Mr. Passur, seconded by Mr. Gonzalez, the council approved the recommendation of the Planning Commiss~on to rezone and passed and approved the following ordinance by unanimous vote. AN ORDNANCE 2,709 AMENDNG SECTON 2 OF AN ORDNANCE ENTTLED "AN ORDNANCE ESTABLSHNG ZONNG REGULATONS AND DSTRCTS N ACCORDANCE WTH A COMPREHENSVE PLAN, ETC., PASSED AND APPROVED ON NOVEMBER 3, 938, BY CHANGNG THE CLASSFCATON AND RE-ZONNG OF CERTAN PROPERTY DESCRBED HEREN: CASE NO. 548, TO REZONE TRACT "B N.C.B. 0626, FROM A" TEMPORARY RESDENCE TO J" COMMERCAL DSTRCT ( Full text in Ordinance Book BB page 404)

2 September 29, Next called up for hearing was the proposed ordinance regulating automobile dealers. The Clerk read the following ordinance: AN ORDNANCE AN ORDNANCE REGULATNG AND LCENSNG CERTAN PERSONS, FRMS AND CORPORATONS ENGAGED N THE BUSNESS OF DEALNG N NEW OR USED MOTOR VEHCLES, OR BOTH, WTHN THE CORPORATE LMTS OF THE CTY OF SAN ANTONO; PROVDNG THE TME, MANNER AND METHOD THEREOF; PROVDNG FOR THE NSPECTON AND SUPERVSON OF S~H PERSONS, FRMS, AND CORPORATONS AND THER BUSNESSES; REQURNG A RECORD TO BE KEPT BY LCENSEES; REQURNG COMPLANCE BY SUCH LCENSEES WTH TTLE 7, CHAPTER 2, OF THE REVSED CVL STATUTES OF TEXAS; PROVDNG FOR A BOND; PROVDNG CERTAN REGULATONS; PROVDNG FOR THE SSUANCE AND DSPLAY OF LCENSES; PRESCRBNG OFFENSES AND PENALTES; PROVDNG GENERALLY FOR THE ENFORCEMENT HEREOF; CREATNG THE AUTOMOBLE ADVSORY COMMTTEE; PRESCRBNG TS FUNCTONS; CREATNG THE POSTON OF ; PROVDNG FOR REVOCATON, SUSPENSON AND APPEAL; CONTANNG A SEVERABLTY CLAUSE AND FXNG EFFECTVE DATE Mr. Frank Bitters, President of the San Antonio Automobile Dealers Association and in conunction with the San Antonio ndependent Automobile Dealers Associat~, asked that the ordinance be passed. Mr. Otis Tindall, a member of independent dealers association, recommended the adoption of the ordinance. He stated it would hurt no one., e, " llj Mr. Gunn, President of Gunn Oldsmobile Company, spoke in behalf of new car dealers and stated that everybody likes the way the Houston and Dallas ordinance is working out. He asked that in the interest of the public, the ordinace be passed, and that it would not cost the taxpayers anything. Mr. Bill Heil stated that he took a poll of independent dealers. That out of 6 questioneers sent out, he got 6 replies. 45 "for" the ordinance and 6 "against". He read a story in a local paper of September 2, in which church groups urged Sunday closing. Mr. Pat Legan, attorney for the proponents then spoke on the question of enforcement. He said that license fees collected would provide enough funds for at least three inspectors. Mr. Winton at this time stated that he was disqualifying himself from voting on this ordinance because he worked for Ormsby Chevrolet Company. Mr. G. H. Russell, attorney representing group in opposition, stated that it was an attempt by a certain group to reguate the automobile industry. He said he represented the small dealers. He stated he had suggestions, and that all obections could be worked out with Mr. Legan except the Sunday closing, because his group had to stay open on Sunday to stay in business. He further stated that it was unconstituional because it discriminated against the small car dealers. He filed a petition bearing 25 Signatures in opposition to the ordinance and stated he had other petitions out. Mr. Russell further stated that they are making an investigation on the Houston am Dallas ordinance and asked the council to pass the matter for the time being and that he would make a report in writing of the investigation to the council. Mr. George de la Garza, a used car dealer spoke against the ordinance. He said it would put them out of business. That all the proponents wanted was the Sunday closing He said deals are hardly ever closed on the same day the contracts are signed. That Sunday affords the public an opportunity to look at cars, that they made their cont;racts on Sunday which they could follow up at a later date. Mr. Ben Sanford, President of San Antonio ndependent Automobile Dealers Association spoke against closing on Sunday. He said he believed they represented 75 dealers, forty of which are dues paying members. He stated that the Houston dealers

3 574 September 29, 955 in their ads state!!main locations not open on Sunday and have a location outside the city limits that stays open on Sunday". Mike Connor, salesman for Smith Motor Sales, representing retail salesmen, said the ordinance was an opportunity to clean up a bad situation in their industry. That most dealers stay open from 8:00 A.M. to 9:00 p.m. and employees are entitled to ask that they have one day of rest. He urged the adoption of the ordinance. Mr. O. L. "Bill!! Ezell, stated that he was loyal to the industry and asked the council to pass or reect the ordinance on its merits alone. Mr. A. E. Martin, 943 S. Alamo, spoke against the ordinance. Mr. Charles Bradley, salesman, spoke for the adoption of the ordinance. Mr. Legan then again addressed the council and said that if all dealers close on Sunday they all would have the same shot at the business the other six days of the week; that the delay urged by the opponents was not ustified; that the ordinance had first been proposed two and one half years ago and that they are still making an investigation and asked that the council make a decision at this time. Mr. Russell again stated his opposition to the ordinance and said that employees are not made to work on Sunday, that it was all done on a voluntary basis. He said other businesses stay open on Sunday; that people look at houses but the deals are not to usually closed on Sunday. He asked the councilause udgment and udgment alone in making a decision, and that passing the ordinance was an inustice to small dealers and small dealers alone, and that if they were going to close one industry they should close them all on Sunday. He further stated he did not think you could enforce it. City Manager Matthews was asked what he thought about the ordinance. stated he always felt that the Sunday law was passed by the legislature and any violation He should be enforced by the Sheriff. He said the ordinance had been studied by the legal department but that in a few days the could verify the problems of enforcement and report to the council. He further stated that this was a policy and legislative matter, and was up to the council to pass on it. That if passed then his staff would be obligated to enforce it. Mr. Olivares then moved that the matter be passed until next week's meeting. Mr. Gonzalez seconded the motion. Mr. Daniels then moved that Mr. Olivares' motion be amended to read "That no action be taken at this time ll. Seoonded by Mr. Crumrine, the motion to amend was approved by the following vote: AYES, Friedrich, Baines, Passur, Crumrine, Olivares, Daniels, Gonzalez; NAYS, Kuykendall; DSQUALFED, Winton. Mr. Daniels then moved that no action be taken at this time. Seconded by Mr. Crumrine, the motion was approved by the fol~owing vote: AYES, Friedrich, Baines, Passur, Crumrine, Kuykendall, Olivares, Daniels, Gonzalez; NAYs, none; DSQUALFED, Winton. The following ordinances were passed and approved by the following vote: AYES, Friedrich, Baines, Passur, Crumrine, Winton, Kuykendall, Olivares, Daniels, Gonzalez; NAYS, none.

4 { September 29, l l i, i i \. l! " llj AN ORDNANCE 2,70 REPEALNG ORDNANCE NO. 7,405, PASSED AND APPROVED ON MARCH 20, 952; CREATNG AN ADVERTSNG COMMTTEE CONSSTNG OF SEVEN MEMBERS; AND PRESCRBNG THE METHOD OF APPONTMENT AND TERMS OF OFFCE OF SAD MEMBERS ( Full text in Ordinance Book BB page 404) AN ORDNANCE 2,7 AUTHORZNG THE CTY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE CTY OF SAN ANTONO WTH THE TOWN OF TERRELL HLLS, TEXAS, PROVDNG FOR FRE PROTECTON TO THE TOWN OF TERRELL HLLS FOR THE PEROD BEGNNNG OCTOBER, 955 AND ENDNG SEPTEMBER 30, 956. ( Full text in Ordinance Book BB page 404) AN ORDNANCE 2,72 CREATNG THE CLASSFCATONS AND POSTONS OF TRAFFC ENGNEER, ASSSTANT TRAFFC ENGNEER AND TRAFFC NVESTGATOR N THE PUBLC WORKS DEPARTMENT AND ESTABLSHNG PAY RANGES THEREFOR ( Full text in Ordinance Book BB page 405) AN ORDNANCE 2,73 AUTHORZNG PAYMENT OF THE TOTAL SUM OF $ N SATSFACTON OF JUDGMENT RENDERED N CAUSE NO. F-90,838, STYLED W. F. HOWARD, ET AL, VS. CTY OF SAN ANTONO, SAD SUM BENG PAYABLE TO PLANTFFS THEREN AS ADDTONAL COMPENSATON TO WHCH THEY ARE ENTTLED UNDER THE LAWS OF THE STATE OF TEXAS ( Full text in Ordinance Book BB page 406) AN ORDNANCE 2,74 ACCEPTNG THE LOW BDS OF THE VENDORS AS LSTED BELOW TO FURNSH THE CTY OF SAN ANTONO TRAFFC ENGNEERS WTH CERTAN BLANK STREET SGN PLATES AND BRACKETS AT A TOTAL OF $0, ( Full text in Or'dinance Book BB page 406) AN ORDNANCE 2,75 AN ORDNANCE TO USE THE CTY SANTARY SEWERS BY A CONNECTON OUTSDE OF THE CTY LMTS ON THE PETTON OF ROBERT K. WNN AT 28 AUBURN ( Full text in Ordnance Book BB pge 407) AN ORDNANCE 2,76 AUTHORZNG THE PAYMENT OF FVE DOLLARS AS A REFUND TO G. L. WLLAMS, THE SAME BENG A CHARGE FOR A SEPTC TANK WHCH WAS NOT NSTALLED ( Full text in Ordinance Book BB page407) A~ ORDNANCE 2,77 ACCEPTNG THE ATTACHED LOW BDS OF VENDORS AS LSTED BELOW TO FURNSH THE CTY OF SAN ANTONO PUBLC LBRARY WTH CERTAN BOOKS FOR A TOTAL OF $6,406.8 ( Full text in Ordinance Book BB page 408) The City Clerk read the following ordinance: AN ORDNANCE GRANTNG THE PETTON OF THE BOARD OF REGENTS OF THE UNVERSTY OF TEXAS AS TRUSTEE OF THE HOGG FOUNDATON - W. C. HOGG MEMORAL FUND, OF AUSTN, TEXAS, FOR EX~PTON FROM CTY TAXES ON CERTAN PROPERTES LOCATED N NEW CTY BLOCKS 08, 406, AND 46, N THE CTY OF SAN ANTONO, BEXAR COUNTY, TEXAS On motion by Mr. Gonzalez that the petition be denied, seconded by Mr. Olivares, the petition was denied unanimously.

5 \ '576 Sptember 29, 955 The following ordinances and resolutions were passed and approved by the follwing vote: AYES, Friedrich, Baines, Passur, Crumrine, Winton, Kuykendall, Olivares, Daniels, Gonzalez; NAYS, none; AN ORDNANCE 2,79 AUTHORZNG THE TAX ASSESSOR AND COLLECTOR TO DELETE FROM THE DELNQUENT TAX ROLLS ALL PERSONAL PROPERTY TEMS THAT HAVE BECOME BARRED BY THE FOUR YEAR STATUTE OF LMTATONS ( Full text in Ordinance Book BB page 408) AN ORDNANCE 2,720 AUTHORZNG THE TAX ASSESSOR AND COLLECTOR TO CORRECT CERTAN MECHANCAL AND CLERCAL ERRORS N ASSESSMENTS APPEARNG ON THE CTY TAX ROLLS N ACCORDANCE WTH THE RECOMMENDATONS OF THE TAX ERROR BOARD OF REVEW AND AUTHORZNG NECESSARY REFUNDS (Names appear below) ( Full text in Ordinance Book BB page 409) L. w. & Stella Adams James M. Anderson A. A. & Sharon Ankrom Marvin S. Bassett Thurman J. & Goldia L. Beene Charles Baank Magdalene Couloheras M. & Stell Duran Stapper Ernest Miss Emogene Faulkner Blanche Fehrenbach Aurora C. Garza Henley Trailer Sales Margarita Rivas Huantes Dick J~nes E. J. Kneupper W. H. Lawson Gardner and Maggie Lewis Sam B. Lifshutz Losoya Corp. Marcos and Josefa Morin Ben Nathan F. De Los Santos Sam H. Schafer Peter B. Thornton & ke Meader & Mozelle Mann Samuel C. & Alice L. West Mary Mildred Whalen Dr. Joe Williams Edward and Howard Yturri AN ORDNANCE 2,72 AUTHORZNG PAYMENT OF $2, FROM 955 EXPRESSWAY AND STREET MPROVEMENT BOND FUND FOR SALARES NCURRED N ACQURNG PROPERTY FOR EXPRESSWAY RGHT OF WAY ( Full text in Ordinance Book BB page 42) AN ORDNANCE 2,722 AUTHORZNG PAYMENT OF $ FROM 955 EXPRESSWAY AND STREET MPROVEMENT BOND FUND FOR COURT REPORTER N CASE OF MARCUS, ET AL, N ACQURNG PROPERTY FOR EXPRESSWAY RGHT OF WAY ( Full text in Ordinance Book BB page 43) AN ORDNANCE 2,723 APPROPRATNG $509.0 OUT OF THE 955 EXPRESSWAY & STREET MPROVEMENT BOND FUND NO TO PAY HOWARD STCH, CONTRACTOR, FNAL PAYMENT FOR WORKDONE N CONNECTON WTH CONSTR~ON OF 8" SANTARY SEWER ON SOUTH SAN SABA STREET N ACCORDANCE WTH CONTRACT ( Full text in Ordinance Book BB page 43)

6 September 29, 955 ~ ~ l l i i AN ORDNANCE 2,724 REDUCNG CURRENT SERVCE DEPOSTS BY THE MUNCPAL EMPLOYEES OF THE CTY OF SAN ANTONO TO THE TEXAS MUNCPAL RETREMENT SYSTEM FROM 5% OF EARNNGS TO 3% OF EARNNGS, WTH RESULTNG REDUCTONS N RETREMENT BENEFTS ALLOWABLE TO EMPLOYEES BY REASON OF MEMBERSHP OF SUCH SYSTEM, SPECFYNG THE TME WHEN SUCH REDUCTON SHALL BECOME EFFECTVE ( Full text in Ordinance Book BB page 43) A RESOLUTON GVNG NOTCE OF A PUBLC HEARNG OF A PROPOSED AMENDMENT TO THE ORDNANCE ESTABLSHNG ZONNG REGULATONS AND DSTRCTS, ETC., PASSED AND APPROVED ON NOVEMBER 3, 938, BY CHANGNG THE CLASSFCATON DESCRBED HEREN: CASE NO. 540, NCB 02; CASE NO. 553, NCB 435; CASE NO. 558, NCB 288, 27 (HEARNG TO BE OCTOBER 20, 955) AN ORDNANCE 2,725 ACCEPTNG THE BD OF MARSHALL WRECKNG COMPANY N THE SUM OF $ FOR WRECKNG AND REMOVNG PARCEL NUMBER 53 LOCATED AT 22 SOUTH PECOS STREET N AND ON THE EXPRESSWAY RGHT OF WAY; ACCEPTNG THE BD OF AAA HOUSE MOVERS N THE SUM OF $ FOR WRECKNG AND REMOVNG PARCEL NUMBER 56, LOCATED AT 6 SOUTH PECOS AND WEST HOUSTON STREET AT AND ON THE EXPRESSWAY RGHT OF WAY; AUTHORZNG THE CTY MANAGER TO EXECUTE A CONTRACT WTH SAD BDDERS EMBODYNG THE TERMS OF THE BD PROPOSAL NCLUDNG PERFORMANCE BOND AND NDEMNTY NSURANCE; AND APPROPRATNG THE ABOVE SUMS TO PAY FOR SAD WORK ( Full text in Ordinance Book BB page 44) AN ORDNANCE 2,726 EXECUTNG A CONTRACT BETWEEN THE CTY OF SAN ANTONO AND THE TEXAS HGHWAY DEPARTMENT CONCERNNG CONSTRUCTON OF AN EXPRESSWAY LGHTNG SYSTEM ON U.S. HGHWAY NUMBER 8 FROM BROADWAY TO TRAVS STREETS ( Full text in Ordinance Book BB page 44) AN ORDNANCE 2,727 APPROPRATNG THE TOTAL SUM OF $4, OUT OF 955 EXPRESSWAY AND STREET MPROVEMENT BOND FUND TO PAY APPRASER'S FEES EARNED N AUGUST 955 N EXPRESSWAY RGHT OF WAY ACQUSTON AND TO REMBURSE R. C. BOOTON FOR OFFCE EXPENSES PAD BY HM PERSONALLY N MAY, JUNE, JULY, AND AUGUST 955 ( Full text in ~rdinance Book BB page 45) AN ORDNANCE 2,728 D ACCEPTNG THE BD OF DONALD SHEPPARD N THE SUM OF $25.00 FOR THE PURCHASE OF PARCEL NUMBER 9, HOUSE OR HOUSES LOCATED N THE EXPRESSWAY RGHT OF WAY AT SOUTH PECOS STREET, AND THE BD OF BUSBY THE BULDER N THE SUM OF $57.00 FOR THE PURCHASE OF PARCEL NUMBER 55, LOCATED AT 08 SOUTH PECOS STREET, AND 23 W. COMMERCE STREET AND MAKNG AND MANFESTNG A BLL OF SALE TO SAD SUCCESSFUL BDDERS OF THE RESPECTVE HOUSES ON WHCH THEY WERE THE SUCCESSFUL BDDERS AS ABOVE ACCEPTED, AND REJECTNG ALL OTHER BDS ( Full text in Ordinance Book BB page 45) AN ORDNANCE 2,729 ACCEPTNG A DEED FROM RUFUS DAVS AND WFE, ADELA DAVS, CONVEYNG TO THE CTY OF SAN ANTONO LOTS 28 AND 29, N BLOCK 7, NEW CTY BLOCK 3920, STUATED WTHN THE CORPORATE LMTS OF ~ CTY OF SAN ANTONO, BEXAR COUNTY, TEXAS AND APPROPRATNG THE SUM OF $7,000. TO PAY FOR SAME ( Full text in Ordinance Book BB page 46)

7 \ 578 September 29, 955 AN ORDNANCE 2,730 ACCEPTNG A DEED FROM ERNESTO ROBLES AND WFE, AMELA P. ROBLES CONVEYNG TO THE CTY OF SAN ANTONO LOTS 3 AND 4, BLOCK 8, NEW CTY BLOCK 39, WTHN THE CORPORATE LMTS OF THE CTY OF SAN ANTONO, BEXAR COUNTY, TEXAS AND APPROPRATNG THE SUM OF $ TO PAY FOR SAME ( Full text in Ordinance Book BB page 46) AN ORDNANCE 2,73 APPROWNG AND ACCEPTNG A PROPOSED CONTRACT TENDERED BY THE STATE OF TEXAS HGHWAY COMMSSON AUTHORZED BY HGHWAY COMMSSON MNUTE NO , PASSED SEPTEMBER 20, 955 PROVDNG FOR ORGN AND DESTNATON SURVEY BY THE CTY OF SAN ANTONO AND THE TEXAS HGHWAY COMMSSON ( Full text in Ordinance Book BE page 46) AN ORDNANCE 2,732 MAKNG AND MANFESTNG A CONTRACT BY AND BETWEEN THE CTY OF SAN ANTONO AND THE FESTA SAN JACNTO ASSOCATON, GRANTNG THE USE OF CERTAN STREETS AND PLAZAS DURNG THE WEEK BEGNNNG APRL 5, AND ENDNG APRL 2, 956, NCLUSVE. ( Full text in Ordinance Book BB page 48) The following letter from the City Clerk was read: Honorable Mayor and Members of Council City of San Antonio, Texas Gentlemen: The following petitions were received by this office and forwarded to the proper department for recommendation or action Petition of Mrs. Sarah Phillips, et a, requesting" extension of water mains to Homestake Addition, was referred to the City Water Board Petition of Mrs. Natalia R. Luna, et a, requesting a street light at the corner of Buffalo Street and Crystal Street was referred to the traffic engineer Petition of Very Rev. Walter J. Buehler, St. Mary's University, protesting against the University Garage S~rvice located at Woodlawn andcamino Santa Maria was referred to the Director of Planning. Yours very truly, J. H. NSELMANN Assistant City Clerk Mr. Kristen Bredvad then addressed the council and expressed great appreciation for passing the school bus ordinance. On motion of Mr. Friedrich, seconded by Mr. Passur, the meeting adourned. ATTEST\~ APPR~,Erl:).. ~.- l~.. ) M A (R _--- '. ~y Clerk

8 September 29, At an informal meeting in the Manager's office, before the regular council meeting, the Clerk read an invitation from the Junior Chamber of Commerce to ride in a parade on Saturday October st. to kick off drive for sale of new poll taxes. The Clerk read a letter of resignation by Mrs. Georgia McNemer as member of the Advisory Committee on Surplus Commodities. The council accepted the resignation with regret. The Clerk then read a petition signed by 29 property owners on the Fredricksburg Road asking that they consider changing the location of the route of US 87 Expressway. t was brought out that when the council approved the location, that in the event the Texas Highway Department wished to recommend a modification it could do so subect \ to council approval. t was then decided that the petition be referred to the Planning Commission for study and to notify petitioners that if they wabted immediate action they should apply to the Texas Highway Department for approval of their proposed route by the Highway Commission. Also, discussed was the ordinance granting the petition of the Board of Regents of the University of Texas, Trustees of Hogg Foundation, for tax exemption of certain downtown property. The Manager stated that he could not recommend passage of the ordinance. That it was too valuable property to exempt and that if he were to do something against the best interests of citizens he would rather be told by the courts to do it. The council then by voice voted to deny the petition, official action to be taken at the council meeting. J ~ ~!