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HomeMy WebLinkAboutMinutes City Council - 03/21/1984I PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 21, 1984 2:00 P.M. Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Ass't. City Attorney John Bell City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend John Fox of Christ Lutheran Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Mayor Pro Tem Betty Turner that the Minutes of the Special Council Meeting of March 7,01984 be approved as presented; seconded by Council Member Frank Mendez; and passed unanimously. Mayor Jones then presented retirement plaques to the following employees: NAME: YEARS OF DEPARTMENT: POSITION: SERVICE Robert H. Goates Water Maintenance Mech. Foreman 42 Juan F. Rosales Fire Firefighter II 33 MICROFILMED Minutes Regular Council Meeting March 21, 1984 Page 2 Mayor Jones then presented 30 -year pins to the NAME: * Socorro Reyes Perry E. Schlabach Crisoforo Rangel DEPARTMENT: Tax Engineering Gas following employees: POSITION: Keypunch Operator II Engineer Assistant II Equipment Operator III * Mr. Reyes was eligible to receive a 30 -year pin but was unable to attend the meeting. * * * Mayor Jones then administered the oath to a new appointment to the Marina Board: Mrs. Charlene Forest. * * * * * * Mayor Jones announced the bid opening on the following engineering projects: 1. Reconstruction of Forest Hill Lane from Violet Road to Birdwood and for Redbud Drive from Japonica Drive to the West Guth Boundary. These two northwest area streets are included in the Voluntary Paving Program. Lane Park 1982 Mr. Jerry Smith, City Engineer, opened bids on this project from the following companies: Claude Chapman Construction Company; Heldenfels Brothers, Inc.; Ibanez Construction Company; King Construction Company; A. Ortiz Construction & Paving; and South Texas Utilities (J & B Construction Company). Mr. Smith verified that the required bid security bond had been submitted with each bid but noted that the South Texas Utilities bid was not signed. 2. Relocation of Utilities and Drainage Improvements near Blucher Park. Mr. Smith opened bids on this project from the following firms: Claude Chapman Construction Company; Heldenfels Brothers, Inc.; and J. D. Construction and Refinery Maintenance Company. He verified that the required bid security bond had been sdbmitted with each but noted that the J.. D. Construction and Refinery Maintenance Company did not acknowledge receipt of the addendum. Mayor Pro Tem Turner inquired about the significance of this company's failure to receive the addendum. City Manager Martin explained that if a bidder did not receive the addendum, he would not be bound by the bid submitted. He stated that the bid will be evaluated by the Staff but there is nothing in the specifications that requires that the bidders acknowledge receipt of the addendum. A representative from the construction company informed the City Manager that he had received the addendum which changed the wage rate. Minutes Regular Council Meeting March 21, 1984 Page 3 Mayor Jones expressed appreciation to all of the companies that had submitted bids and stated that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Jones called for consideration of the following items which were considered during the Workshop Session conducted the preceding evening of March 20, 1984: 1. Adopting the following guidelines for the Community Development Block Grant Program: a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. A motion was made by Mayor Pro Tem Turner that the foregoing guidelines be approved, seconded by Council Member Berlanga and passed unanimously. Mayor Jones called for consideration of the following action from the morning Workshop Session: 1. Approving motion that it be the general policy of the City Council to charge for street closures and that the concept be referred to the appropriate boards or commissions for their comments prior to implementation. A motion was made by Council Member Slavik that the foregoing item be confirmed, seconded by Mayor Pro Tem Turner and passed unanimously. * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids option of the be received April 3, 1984 for twelve months supply agreement, with to extend for an additional twelve months, subject to the approval seller and the City Manager, or his designee, for lubricating oils, solvent, motor oil, automatic transmission molybdenum disulfide grease, wheel bearing for the Maintenance Services divisions. Estimated annual greases and related items, i.e., fluid, extreme pressure grease, grease, and anti -freeze. These products are Department, to be used by appropriate City expenditure, $78,000. Minutes Regular Council Meeting March 21, 1984 Page 4 2. Approving purchase of utility tractors for Park and Street Divisions based on low bid from Gulf Tractor Company, for $22,845. Prices have decreased approximately 6% since last purchase 3/83. Nine bid invitations were issued and four bids were received. Funds are available in the 83/84 budget. 3. Bids be received on March 27, 1984 for contract brush hauling service to supplement the Sanitation Department Brush collection activity for approximately 60 days. 4. Authorizing the execution of a letter of agreement with the public relations firm of Hill and Knowlton, Inc., to provide services for the Business Development Commission, the Corpus Christi Area Convention and Tourist Bureau, and the Port Authority of Corpus Christi. The consultant's fees will be divided among the three participants. City Manager Martin explained the method of providing information in regard to the City of Corpus Christi in conjunction with the Business Development Commission, the Corpus Christi Area Convention and Tourist Bureau and the Port Authority of Corpus Christi to promote public relations. He noted that it is difficult to separate the three entities involved for advertising activities and that is the reason for this agreement with the public relations firm. He explained that the firm's responsibilities would be for the placement of business articles and information about all three entities and to arrange contacts for the Business Development Commission and Convention and Tourist Bureau with client companies. Council Member Slavik stated that it was her understanding that the Tourist Bureau had voted to fund this for one year and the figure estimated by them was $100,000 to be divided by the three entities. City Manager Martin stated that the contract would call for $5,000 per month with add-on costs but the project could cost $100,000 a year, however, the contract is for $60,000. 5. Purchase of fence materials and installation for the Elliott Sanitary landfill be approved as follows based on low bid. C & B Feed & Seed 85 rolls of netting Installation of netting 11880 L.F. International paper Company 198 Creosote Poles GRAND TOTAL $ 2,064.65 1,188.00 $ 3,252.65 $ 9,959.40 $13,212.05 Minutes Regular Council Meeting March 21, 1984 Page 5 Prices have decreased approximately 19% since last purchase 7/81. Decrease is due to lower cost of metal products and labor costs. Twenty-two bid invitations were issued and seven bids received. 6. Approving the appointment of Fox & Co., Certified Public Accountants, to perform the following audits for the fiscal year ending July 31, 1984. City's Annual Audit Federal Grants Single Audit Corpus Christi Housing Finance Corporation $ 43,000 32,000 7,500 Total $ 82,500 7. Plans and specifications for the Hialco Center Renovation be approved and bids be received on April 18, 1984. This project is included in the 9th Year Supplemental Community Development Block Grant Program and provides for exterior and interior renovation, remodeling of first floor public restrooms to make them accessible to the handicapped, replacement of old drinking fountains, the installation of window A/C units, and minor paving work. Mayor Pro Tem Turner requested the City Manager to explain the Hialco Center Renovation project. City Manager Martin stated that this will be paid by Community Development Block Grant funds and explained the improvements in the project. He stated that there are two added alternatives which are: landscaping and playground equipment and stated that these will be included if the bids are low enough to allow for them. 8. A public hearing be held April 11, 1984, on the closure request of a 60 foot wide portion of Canal Avenue west of Surfside Boulevard on Corpus Christi Beach. This section of Canal Avenue is currently unimproved and impassable to vehicles. 9. The Park and Recreation Board, at its regular meeting on January 17, 1984, voted to recommend to the City Council that the Park and Recreation Department co-sponsor the KUNO State Hispanic Festival with the Corpus Christi Boys Club. The Department requests that the City Manager be allowed to enter into an agreement with KUNO for the use of Greenwood Park. The Festival is to be held June 30 and July 1, 1984 from 1:00 p.m. to 10:00 p.m. each day. KUNO will deposit $13,000 prior to the event to cover the Departments arranging of logistical items such as site improvements, utility setup, security, sanitation, and labor. KUNO Radio will provide all advertising and talent. The Festival will be free to the public. Council Member Kennedy referred to item 9 and asked to what degree the City has allowed different companies to bid on such projects. He pointed out how much money will be earned by various groups selling items and inquired if the City has ever gone out for bids for such programs. Minutes Regular Council Meeting March 21, 1984 Page 6 Assistant City Manager Tom Utter explained that the City has not entered into this type of contract before. He explained that KUNO will bring all of the bands and entertainment at their own expense and the sale of food items will offset those expenses. Council Member Kennedy inquired as to why the City is involved, and City Manager Martin stated that the request was made to the City. He explained that the Park and Recreation Department has been working with the group and the Staff feels that all of the problems can be handled. He stated that this will be a very large event. Mr. Utter further explained that KUNO will spend $13,000 to pay for police officers, skid -o -cans, and other necessities associated with the event and the Boys Club will receive 60% of the net revenues. Council Member Berlanga expressed the opinion that this will be an excellent event and noted that KUNO will provide insurance for protection for the project. Council Member Slavik referred to item 8 and suggested that this public hearing be delayed until after the City Council has passed the ordinance charging for land acquired through street closings. City Manager Martin suggested having the public hearing but stated that the ordinance closing it could be delayed as long as possible. A motion was made by Council Member Slavik that the public hearing be held on April llth for the closure request of a 60' wide portion of Canal Avenue west of Surfside Boulevard on Corpus Christi Beach with the stipulation that action be delayed until after consideration has been given to the policy of charging for land acquired through street closings and it has been resolved. The motion was seconded by Council Member Kennedy. Council Member McComb pointed out that the person who made the application was not aware that there would be a change of policy. Mayor Jones called for the vote on the motion and it failed to pass as follows: Kennedy, Mendez and Slavik voting, "Aye"; Jones, Turner, Berlanga, Brown, Guerrero, and McComb voting, "no". Council Member Mendez inquired if this is an example of the kind of street closing for which there could be a charge, and City Manager Martin agreed that it was. Mayor Jones called for comments from the audience. Minutes Regular Council Meeting March 21, 1984 Page 7 Mr. Luis Munoz of KUNO referred to item 9 and explained that several sponsors will participate in the event and informed the Council that Chicano arts and crafts will be available there. He stated that Greenwood Park is only one block from the Boys Club and everyone in the neighborhood seems to be in favor of this event at that location. A motion was made by Mayor Pro Tem Turner that the Consent Motions, items 1 through 9 be approved; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 10 through 24. Mayor Jones referred to Ordinance No. 10 which provides for ICMA retirement and inquired as to which employees could take advantage of this program. City Manager Martin stated that any employee could participate but only 56 employees are taking advantage of it at this time. Mayor Jones then referred to Ordinance No. 13 and inquired if the new owners plan to retain the driver who does such a good job of public relations for the City of Corpus Christi. Mr. Thomas Tope, who will have the new franchise, confirmed that the driver will be retained. Council Member Guerrero referred to Ordinance No. 24 which is the third reading requiring reporting of archaeological materials discovered at any excavation site and inquired if there was any communication from the contractors who will be directly affected by this, and City Manager Martin replied in the affirmative. Mayor Jones called for comments from the audience on the ordinances. Mr. Joe Fulton, representing the South Texas Chapter of the Association of General Contractors, stated that they were disappointed that their association was not informed of this so that they could address the issue. He pointed out to the Council that reporting of such discoveries were already required by Federal and State law and the contractors feel that this would be an additional bureaucratic burden on the industry. He urged that the ordinance not be passed. Council Member Berlanga agreed with Mr. Fulton stating that he had discussed this with other contractors and they are of the opinion that this is already covered by Federal and State requirements. He stated that they are apprehensive that such an ordinance would create delays on jobs if they have to report artifacts that are discovered on a construction project. Minutes Regular Council Meeting March 21, 1984 Page 8 Mayor Jones suggested delaying the third reading of this ordinance until the Building Code Board of Appeals, the Building Standards Board and the Association of General Contractors have an opportunity to comment on it. Mayor Pro Tem Turner noted that she had voted against this on the second reading and she plans to vote against it today. Council Member Slavik stated that she felt that it should be delayed because the Museum Advisory Board had not responded to their questions. Council Member Mendez stated that he was opposed to the delay because he plans to vote against it. He pointed out that if at a later date, the Council feels that it should be passed, it could be reconsidered. A motion was made by Council Member Brown that Ordinance No. 24 be removed from the agenda. Council Member Kennedy stated that he plans to vote against the ordinance but he did not object to delaying it until a presentation has been made by the Museum Advisory Board. Council Member Berlanga indicated his concurrence with Council Member Mendez that the ordinance should not be passed. A motion was made by Council Member Slavik that the third reading of Ordinance No. 24 be delayed until the Council has had a presentation made by a member of the Museum Advisory Board. The motion was seconded by Council Member Kennedy. Mayor Jones called for the vote on the ordinance and it failed to pass as follows: Jones, Kennedy and Slavik voting, "Aye"; Turner, Berlanga, Brown, Guerrero, McComb and Mendez voting, "No". There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 10. ORDINANCE NO. 18127: AMENDING THE DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES TO APPOINT ICMA RETIREMENT CORPORATION AS ADMINISTRATOR AND ADOPT THE ICMA DEFERRED COMPENSATION PLAN TO COMPLY WITH INTERNAL REVENUE CODE SECTION 457; AUTHORIZING THE CITY MANAGER TO SIGN SUCH DOCUMENTS NECESSARY FOR SAID CHANGES; APPOINTING THE DIRECTOR OF FINANCE AS PLAN COORDINATOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Minutes Regular Council Meeting March 21, 1984 Page 9 11. ORDINANCE NO. 18128: AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 9, 9A, AND 12, IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $53,455; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 12. ORDINANCE NO. 18129: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCELS 1 AND 2 FOR THE GEORGE EVANS SCHOOL AREA UNIT I STREET IMPROVEMENTS PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, THE TEXAS -MEXICAN RAILWAY COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 13. ORDINANCE NO. 18130: CONSENTING TO THE ASSIGNMENT OF THE AIRPORT LIMOUSINE SERVICE FRANCHISE BY THOMAS TOPE, JR., TO THE TEXAS RIVIERA TRANSPORTATION, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 14. ORDINANCE NO. 18131: APPROPRIATING $107,452.32 TO SUPPLEMENT $157,525.81 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBITS "A" AND "B" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 15. ORDINANCE NO. 18132: AUTHORIZING THE EXECUTION OF A CONTRACT WITH J AND J INSULATION AND ACOUSTICS, INC. FOR ACOUSTICAL IMPROVEMENTS AT THE CONVENTION CENTER EXHIBIT HALL; APPROPRIATING $20,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Minutes Regular Council Meeting March 21, 1984 Page 10 16. ORDINANCE NO. 18133: AUTHORIZING THE EXECUTION OF A CONTRACT WITH ANCO SALES COMPANY FOR THE EXHIBIT HALL MOVEABLE PARTITION PROJECT; APPROPRIATING $190,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 17. ORDINANCE NO. 18134: AUTHORIZING THE EXECUTION OF A CONTRACT WITH ANCO SALES COMPANY FOR SIGNAGE AND LOBBY IMPROVEMENTS PROJECT; APPROPRIATING $160,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 18. FIRST READING: AMENDING CHAPTER 36, ARTICLE III OF THE CODE OF ORDINANCES TO ESTABLISH RENTAL CHARGES FOR THE DIVIDED PORTIONS OF THE EXHIBIT HALL; ESTABLISHING A 15 PERCENT DISCOUNT FOR NON-PROFIT LESSEES; ELIMINATING THE TEN PERCENT OF GROSS RECEIPTS RENTAL OPTION FOR CLASS I PUBLIC SHOWS IN THE EXHIBIT HALL AND BANQUET HALL; ESTABLISHING A CLASS I RATE FOR THE SMALLER PORTION OF THE BANQUET HALL (ROOM 203B); DELETING THE INSURANCE REQUIREMENT FOR PRIVATE PARTIES USING THE BANQUET HALL OR A PORTION OF THE EXHIBIT HALL; ESTABLISHING RENTAL FEES FOR CITY -OWNED TABLE CLOTHS, NAPKINS AND TABLE DRAPES; INCREASING THE EVENING, WEEKEND AND HOLIDAY RENTAL FEES FOR THE CONVENTION CENTER MEETING ROOMS; AND ESTABLISHING EQUIPMENT RENTAL FEES FOR NON -LESSEES OF THE FACILITY; PROVIDING FOR SEVERANCE AND FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 19. SECOND READING: ADOPTING A FLOOD DAMAGE PREVENTION CODE; REGULATING DEVELOPMENT IN AREAS IDENTIFIED AS AREAS OF SPECIAL FLOOD HAZARD BY THE FEDERAL INSURANCE ADMINISTRATION; REQUIRING DEVELOPMENT PERMITS; ESTABLISHING PERMIT FEES; PROVIDING FOR PENALTY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Minutes Regular Council Meeting March 21, 1984 Page 11 20. SECOND READING: AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH HASSLOCHER ENTERPRISES, INC. FOR MOORAGE OF A BARGE RESTAURANT ON THE L -HEAD TO INCREASE THE SPACE ALLOWED FOR THE BARGE RESTAURANT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 21. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE PORT OF CORPUS CHRISTI AUTHORITY FOR THE ANNEXATION OF APPROXIMATELY 619 ACRES OF LAND ADJACENT TO THE SHIP CHANNEL, NUECES COUNTY, TEXAS. The forgoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 22. SECOND READING: ANNEXING TWO TRACTS OF LAND COMPRISING 619 ACRES ON MUSTANG ISLAND OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE STATE OF TEXAS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 23. THIRD READING - ORDINANCE NO. 18135: AMENDING CHAPTER 53 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION PROHIBITING THE LEAVING OF A CHILD UNATTENDED IN A MOTOR VEHICLE; AND PROVIDING AN EFFECTIVE DATE. THe foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". 24. THIRD READING: (Failed to Pass) AMENDING THE CODE OF ORDINANCES TO REQUIRE THE REPORTING OF HISTORICAL OR ARCHAEOLOGICAL MATERIALS DISCOVERED AT ANY EXCAVATION SITE. The foregoing ordinance was read for the third time and failed to pass by the following vote: Jones and Slavik voting, "Aye"; Turner Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting, "No". Minutes Regular Council Meeting March 21, 1984 Page 12 Mayor Jones called for consideration of the motions from on the following items: 25. Approving the submission to two grant applications to Justice Division and authorizing funding as follows: the Regular Agenda the State Criminal a. Continuation of the Nueces County Organized Crime Control Unit from March 1, 1985 through February 28, 1986 with a total budget of $370,507. The State funding of $141,639 provides salaries for a Criminal Analyst, Secretary, and one Deputy Sheriff, travel expenses, supplies, and direct operating expenses. The City contributes $200,956 in salaries for one Lt., two Sgts., and two Police Officers and 9.7% of the direct operating expenses. The County provides $27,912 in salaries for one Deputy Sheriff and a part-time District Attorney. This application represents the 13th year of funding b. Continuation of the Burglary Task Force Grant from September 1, 1984 through August 31, 1985 with a budget of $104,079. The grant portion of $29,038 provides support equipment and necessary expenditures to operate a two-man task force which will focus on known fences, burglary rings, and the identification of burglary patterns. The City will contribute $75,041 in salaries for two Sergeants. This application represents the third year of funding. A motion was made by Mayor Pro Tem Turner that item 25 be approved, seconded by Council Member Brown and passed unanimously. 26. Calling a public hearing on reprogramming of Community Development Block Grant funds on April 4, 1984 and approving a proposed use statement for Community Development Block Grant funds. Council Member Kennedy stated that he has a problem with the proposed reprogramming and mentioned in particular, the amount of money which had been designated for parking in the downtown area which is scheduled to be reprogrammed. He referred to the discussion the preceding evening and noted that only 9% of the Community Development Block Grant funds has been programmed for downtown and the Bayfront and if the parking project is eliminated, that percentage will be reduced to only 6%. He reminded the Council that when this was approved in 1979, there was enough money for a block for parking and a garage. At that time, it wasased as a means of .encouraging hotels to develop in the downtown area. He suggested that if anything, rather than eliminating this project, funds should be taken from the proposal to realign the streets in the IH 37 entrance way and adding to the fund now designated for downtown parking because he felt that the downtown area needs such a parking lot and three lots will not really help at all. He noted that when that land is sold as proposed, it will go back into the CD General Fund and he was of the opinion that there is still a need for a downtown parking garage. Mayor Jones pointed out that this is just calling for a public hearing to consider the items. Minutes Regular Council Meeting March 21, 1984 Page 13 A motion was made by Council Member Kennedy that item 1 be removed from the reprogramming schedule planned for discussion during the public hearing of April 4. The motion was seconded by Council Member Berlanga. City Manager Martin provided an explanation by stating that the original intent was to construct a parking garage; that is no longer possible with the funds available; and the plan is to use the funds for an alternative for a number of projects. He stated that the Staff is of the opinion that there is enough to purchase surface land for parking, but there is very little land available in the downtown area at a reasonable price. He stated that he was under the impression that this City Council wanted the money reprogrammed. Council Member Mendez agreed stating that when he was first elected to the Council, he stated that he was of the opinion that this money should be reprogrammed and he felt that HUD also was of the opinion that the money should be reprogrammed since it has never been used. Mayor Jones stated that he will support the Staff's recommendation. He pointed out that this garage has been discussed since 1979, and there is still no parking garage and he felt that the $600,000 should be used for other purposes. Council Member Kennedy informed the Council that the $900,000 was never intended to build the parking garage because it was designated to purchase the land and a grant was to be acquired for building the parking garage. He reiterated that he felt that there is a need for the parking and he urged that the Staff do something about acquiring land for this purpose. He pointed out that this project meets all of the HUD guidelines and the money should be used to acquire as much land as possible. Council Member Kennedy noted that almost $750,000 is planned to be removed from the improvements to the downtown area and suggested that the City retain the three lots referred to and purchase additional land to provide for more parking. He pointed out that HUD did not request that this money be reprogrammed, they only urged that it be spent. Council Member McComb stated tins.: he is n ncerned that any more delays will further increase the cost for parking and he did not understand why the money has not been spent. He stated that he understood Council Member Kennedy's concerns but stated that he is not convinced that there is a need for additional parking downtown. Council Member Slavik asked the City Manager if the downtown area would not benefit from reinvestment funds, and City Manager Martin replied in the affirmative but pointed out that that will only be about $80,000. He stated that the reallocation would not suffer because other projects could be Minutes Regular Council Meeting March 21, 1984 Page 14 recommended to be included in next year's Community Development Program. He reiterated that the action today is to set a public hearing and make funds available for reprogramming. He explained that the closed meeting listed on the Workshop Agenda was in regard to land acquisition for the purpose of considering land purchase for the parking lot but the Council did not have an opportunity to discuss the land acquisition during the morning Workshop Meeting. City Manager Martin continued and suggested tabling this item until after the zoning cases and other items on the agenda, following which the closed meeting could be conducted and then this item could be approved. A motion was made by Mayor Pro Tem Turner that item 26 be tabled until later in the meeting to be discussed after the closed meeting, seconded by Council Member McComb. Mayor Pro Tem Turner inquired if it would be possible for see the correspondence between the City and the State in regard to the entrance to the City on IH 37. Mr. Utter explained that this subject has just been under nothing definite has been approved. Mayor Pro Tem Turner stated that she would like to know impossible dream or whether it could be a reality. Mr. Utter informed the Council that the Bayfront Plan calls of this entrance way but not the realignment. The motion to table this item until later in the unanimously. the Council to to improvements discussion and if that is an for landscaping meeting passed Mayor Jones announced the public hearing on the following item: 27. Amending the Bayfront Master Plan regarding the parking plan and related recreational improvements on Corpus Christi Beach. Mayor Pro Tem Turner and Council 'Member Keimedy disqualified -themselves and departed the Council Chamber, stating that they were doing so to avoid a possible conflict of interest. Assistant City Manager Utter displayed the various plans for the Bayfront Master Plan and the alternates. Council Member Guerrero referred to Alternate Plan #3 and inquired if any parking spaces would be lost. Mr. Utter stated that there would not be because Plan 3 would increase the parking on Surfside Boulevard even though there would be fewer parking spaces on the sand. Minutes Regular Council Meeting March 21, 1984 Page 15 Mayor Jones called for comments from the audience. Mr. Wayne Johnson, 3815 North Shoreline, presented snapshots showing his property. He displayed a map and stated that the property is valued at about $200,000. He explained that there are three private homes at that location; he owns one; and Mrs. Doris Anderson and the Maycomb Family own the other two. He stated that he is agreeable to the proposed development and the parking plan, except he would like to have the parking lot stopped before it reaches the location of the three homes mentioned. He stated they objected to having a 60 -foot concrete parking lot directly in front of the houses. Mr. Johnson noted that the previous City Councils had given parking exemptions for about one-third of the entire beach. He pointed out that there are large tracts of land in front of which there is no parking planned and he felt that they should not have to have the parking directly in front of their houses. Mr. Johnson stated that he had appeared before the Park and Recreation Board and the Planning Commission and the members of those groups expressed concern that parking would be directly in front of the three houses under discussion. He stated that Mr. Utter has attempted to resolve this but has been unable to. He urged that the Council consider a compromise. Mayor Jones inquired about the vote by the Members of the Park and Recreation Board and the Planning Commission in approving the City's Plan. Mr. Utter explained that both the Planning Commission and the Park and Recreation both approved the Plan submitted, but directed him to work out something with Mr. Johnson. Council Member Slavik questioned the reason Mr. Johnson had waited so long before he objected to the Plan. She noted that the parking lot has always been planned for that location since 1966 and there is complete agreement between all of the Boards, the Corps of Engineers, and various civic groups. She expressed the opinion that the City should move forward with the plan as soon as possible. Dr. Bill Huebler, property owner on Corpus Christi Beach, stated that in examining the recommended plan, he felt that it might be easy to accommodate Mr. Johnson and relieve some of the congestion. Mrs. Doris Anderson, 201 South Surfside, stated that she has owned her house since 1972; she neāœ“ides there alone; and if This perking lot is approved, it will be only 15 feet from her living room. Mrs. Pauline Clarke, representing the League of Women Voters, stated that they had appeared before each of the Boards and made a presentation. She stated that they supported the restoration of this beach and the citizens paid for one-half of it locally. Minutes Regular Council Meeting March 21, 1984 Page 16 Mrs. Clarke continued by stating that the League basically supports development of Phases 2 and 3 which provides on -beach parking spaces along with restrooms, shelters, showers and play units at five additional locations along the 1.4 miles of beach. She stated that specifically, the League supports Phase 2 which provides for the following: (a) one major activity area containing restrooms, showers, play units and 95 on -beach parking spaces with an additional 46 parking spaces on an asphalt lot, all at the Surfside Park location; (b) four minor activity areas located on the beach at Gulfbreaker, Gulfspray and Beach Avenue which will provide 108 on -beach parking spaces; (c) construction of a sand retention/fishing pier at the north end; and (d) a buffer zone along the entire beach with jogging path and a boardwalk as provided in the Bayfront Plan. She stated that they approve Phase 3 which will add 24 additional on -beach parking spaces to the four minor activity areas along with 104 additional parking spaces for the North End Park. She stated that the League does not support Phase 4 which provides for 122 on -street parking spaces. Council Member Guerrero as to why the City could not revoke the easements granted the condominium owners on the beach. Mr. Utter explained that there are three easements that are contractual between the City and the owners of private property. He explained that the City entered into those agreements in order to obtain construction easement for access to the beach by the Corps of Engineers. He stated that the Corps of Engineers required a clear title to the property in order to allow for construction access for the beach restoration and the parking plan had to be changed after those construction easements were signed. He assured the Council that the construction easements are absolutely legal and nothing can change them. Mrs. Barbara May stated that she owns a house directly behind Mr. Johnson and Mrs. Anderson which was purchased after Hurricane Allen. She stated that she was aware that there were plans for parking at the time of the purchase of the property but she expressed concern for the two property owners who will have parking lots almost in their yards. She urged that a green area be established on Surfside and inquired if all of the parking lots would be constructed at the same time. Mr. Utter stated that Phase 2 is planned to begin this summer and Phase 3 will be developed as the demand requires. Mrs. Ayers again urged some type of buffer zone to protect those three property owners. Dr. Dean Banks, 225 Waverly, speaking on behalf of OPUS and as an individual and stated that they are of the opinion that this plan actually is similar to the original plan for the beach because the major concept was to provide access to the entire length of the beach. He referred to the plans prepared in 1966 for a Master Plan which was adopted and stated that it is not conceptual because it is actually a project design. He explained that those project plans were highly publicized by the Corps of Engineers and the public Minutes Regular Council Meeting March 21, 1984 Page 17 was invited to comment on the official plan and there is no reference of any objection by any of the property owners. He expressed the opinion that the reason there was no objection to the parking plan was because the property owners thought that their property would be greatly increased in value. Dr. Banks also pointed out that Mr. Johnson did not purchase his property until 1973 which was after the federal funds were approved and the Bond Election for the restoration was approved. He suggested that changed plans lead to the threat of a lawsuit and the same thing could happen if the parking is not placed in accordance with the original plan. He stated that he felt that the responsibility of this Council is to provide the public access without providing parking for private enterprise. He emphasized the fact that this is a public beach and concession should not be made to private property owners. Mrs. Wayne Johnson stated that she concurred with her husband and expressed the opinion that the parking lot directly in front of their house will make it unsuitable for a residence. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Brown and passed unanimously. A motion was made by Council Member McComb that item 27 be approved as recommended by the Staff, seconded by Council Member Slavik and passed unanimously. City Manager Martin noted that there is an ordinance to be approved adopting the revised parking plan. City Secretary Read polled the Council for their votes and the following ordinance was passed: 27. ORDINANCE NO. 18136: AMENDING THE BAYFRONT PLAN AS ADOPTED BY ORDINANCE NO. 17419 TO PROVIDE FOR A REVISED PARKING PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; 'Turner and::Kennedy, 'absent". City Manager Martin then presented for the Council's consideration the following motion on this same subject: Plans and specifications be approved and bids be received on May 9, 1984, for the Corpus Christi Beach Parking Lot Improvement project. A total of five parking lots will be provided on the beach along with a comfort station/shower facility, play areas, landscaping and picnic shelters. Subject to approval by the Texas Park and Wildlife Department, where a matching grant request for the construction is pending, construction of the parking lots should commence in June, 1984. Minutes Regular Council Meeting March 21, 1984 Page 18 A motion was made by Council Member Mendez that the foregoing motion be approved, seconded by Council Member Slavik and passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Turner and Kennedy, "absent". Council Member Kennedy and Mayor Pro Tem Turner returned to the Council Chamber. Mayor Johes called for the public hearing on the following street closing: 28. Closing one-half of Doss Street adjacent to Lot 1, Block 3, Brennan Addition. This portion of Doss Street is currently unimproved between Brennan and Mestina Street. City Manager Martin explained that Assistant City Manager James K. Lontos is in Austin testifying on the Corpus Christi Beach condemnation proceedings. He noted the possibility of change in policy of charging for land acquired through street closings. He stated that the Staff does not feel that progress should be stopped until this has been resolved and informed the Council that this application was submitted prior to their discussion on charging for street closings. Mr. Gerald Smith, City Engineer, located the street on a transparency which is in the west portion of the City. He stated that Doss Street does not exist on the ground and a concrete drainage channel is located in the vicinity and it is impossible to drive on it. He stated that the abutting property owner who made the application was Mr. Tony Arredondo who wishes to construct a garage on the portion that is to be abandoned. He explained that the abutting property owners do maintain this right-of-way. He informed the Council that the Staff has examined this and they do not feel that the street is needed for traffic circulation; therefore, they offer no objection to the closing. Council Member Kennedy inquired if it might not be reasonable to close the entire portion of Doss Street, and City Manager Martin stated that that recommendation may be made in the future. Mr. Smith informed the Council that Tex-Mex tiailroad owns the property across the street. No one expressed opposition to the street closing. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Slavik and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance closing the street and it passed as follows: Minutes Regular Council Meeting March 21, 1984 Page 19 28. FIRST READING: CLOSING AND ABANDONING THAT ONE-HALF OF DOSS STREET ADJACENT TO LOT 1, BLOCK 3, BRENNAN ADDITION; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Turner and Guerrero, "absent at the time the vote was taken". Mayor Jones announced the public hearings on four zoning applications: 29. Application No. 284-4 Nueces Development Company: for a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on a tract of land being 1.688± acres out of the Farrell J. Smith 225.2 tract of land out of the Mariano Lopez de Herrera Grant, State Abstract No. 606, Nueces County, Texas and Lots 12 and 13, Block 7, River Canyon Unit 2. Mr. Larry Wenger, Director of Planning, stated that there was no response to the notices of the public hearing and that both the Planning Commission and Planning Staff recommend approval of the change of zoning. Mr. Wenger located the area which is in the Five Points Area and is being developed as River Canyon Subdivision. He described the land use in the surrounding area and showed slides of the vicinity. Mayor Jones invited the applicant to speak. Mr. Joe Gardner stated that he is representing the applicants and he would be glad to answer any questions. Speaking in opposition to their change of zoning request was Mr. J. E. O'Brien, 4130 Pompano. He stated that he is speaking for the Taxpayers' Association and indicated that he realizes that any "citizen has the right to apply for a change of zoning, but in his opinion, granting a change of zoning by the Council is a privilege. He then asked if it was fair or equitable to the majority of the taxpayers in this City who pay their property taxes in a timely manner to give such a privilege as a change of zoning to property owners who owe delinquent taxes. He informed the Council that Nueces Development Company owes $10,288.84 in delinquent property taxes on other property that they own. He reiterated that he did not feel that it was equitable to other property owners who do pay their taxes on time to grant this special privilege to one who does not. Mayor Jones inquired if this is a pertinent issue to a change of zoning. Minutes Regular Council Meeting March 21, 1984 Page 20 Assistant City Attorney Bob Coffin stated that he did not know of anything in the Charter or the City Code that makes a person's ad valorem tax status a condition of a change of zoning request. Council Member Guerrero stated that he would like for Mr. O'Brien to provide him with a copy of the Minutes of the Corpus Christi Taxpayers' Association Meeting at which this matter was discussed. Mr. O'Brien informed Mr. Guerrero that the Minutes are not completed since their meeting was conducted on Tuesday, March 20th. Mr. Gardner informed Mr. O'Brien that he would like to see the information that he has because he did not know of any delinquent taxes that their company owes. Mayor Jones stated that the Council is of the opinion that zoning applications should be considered only as to whether or not the zoning requested is appropriate and good zoning. Council Member Berlanga stated that if Mr. O'Brien's statement is true, he, too, felt that they should make every effort to pay their taxes before requesting a change of zoning. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the change of zoning and it passed as follows: 29. ORDINANCE NO. 18138: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES DEVELOPMENT COMPANY BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, STATE ABSTRACT NO. 606, NUECES COUNTY, TEXAS AND LOTS 12 AND 13, BLOCK 7, RIVER CANYON UNIT 2 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga voting, "No". Minutes Regular Council Meeting March 21, 1984 Page 21 30. Application No. 284-8 3rd Coast Investments, Inc.: for a change of zoning from "A-2" Apartment House District to "B-4" General Business District on a parcel of land being a 9.65± acre area out of Lot 6, Section 8, Bohemian Colony Lands, located on the east side of Ayers Street, approximately 1,675' north of Saratoga Boulevard. Mr. Wenger informed the Council that in response to the four notices of the public hearing, one in favor and none in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval. Mr. Wenger then located the area on the zoning and land use map and stated that this will not interfere with the Naval Air Station Clear Zone. Mayor Jones ascertained that no one in the audience wished to speak in opposition to this zoning request. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Welder Brown and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 30. ORDINANCE NO. 18139: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF 3rd COAST INVESTMENTS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 6, SECTION 8, BOHEMIAN COLONY LANDS FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting, "Aye", Slavik, "absent at the time the vote was taken". 31. Application No. 284-2 Owner's Association of Villa Del Sol, Inc.: for a change of zoning from "AT" Apartment Tourist District to "B-4" General Business District on Block 5, Brooklyn Addition, located east of Surfside Boulevard and south of Gulfspray Avenue. Mr. Wenger informed the Council that in response to the eighty-four notices of the public hearing, one from within the 200' area of notification plus one outside that area were returned in favor and forty-six in opposition from within the area of notification and one from outside the area in opposition were returned. He stated that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit be approved to allow for signage as follows: two wall signs plus a free-standing sign on Surfside limited to 25' in height and 150 square feet of sign area. He stated that all of the opposition came from owners of condominiums at Las Brisas. He stated that the applicant concurs with the recommendation of the Planning Commission and Planning Staff. Minutes Regular Council Meeting March 21, 1984 Page 22 Council Member Slavik inquired about the reason for the opposition. Mayor Jones explained that the zoning ordinance requires application for "B-4" zoning but all the applicant really wants is a special permit for the signs and the only thing that the property owners receive in the mail is the change of zoning request and possibly, they might have been opposed to the "B-4" zoning but not necessarily the signs. Council Member Slavik inquired about the total signage to be allowed, and Mr. Wenger stated that the free-standing sign will be 127 square feet combined with the signs on the building of 589 square feet for a total of 716 square feet of signage. Mr. Wenger then showed slides and noted the location of the free-standing signs and the wall signs on drawings prepared by the applicant. Mayor Pro Tem Turner noted that the zoning in that area is all "AT" and stated that she felt that some of the residents of Las Brisas responded in opposition to the special permit as well as the "B-4" zoning. She expressed the opinion that if this sign is approved, it will open the door for many additional signs on the condominiums and inquired if the Staff is ready to approve all of the signs. Mr. Wenger explained that the Staff would have to consider it based on the size of the project. He stated that this is not only a condominium but also a hotel and they need the sign to advertise that use. He stated that the Staff recognizes the fact that this is a very large project and the sign in relation to the size of the building is very small. He noted that the free-standing sign is comparable to that allowed in "B-1" zoning. Mayor Jones called on the applicant to speak. Mr. Frank Leonard, Manager who operates the rental of the condominium units, stated that the sign has been recommended for approval by the Planning Commission and the Planning Staff. He explained that their present sign is small or almost nonexistent and is inadequate for people to see at the location. He stated that he would like to have the special permit for the signage and assured the Council that it would be aesthetically pleasing since it is not a neon sign. Mr. Leonard then provided information and facts and figures in regard to the number of units, the ownership and informed the Council that they have a marketing budget of $175,000 and they are trying to bring people to Corpus Christi and hope that they will stay at their hotel facility. He explained that it is so dark that it is almost impossible to find the location of the condominium. He explained that their signage program is a 3 -year phase plan. He then displayed pictures of existing signage on Corpus Christi Beach. He expressed the opinion that their program for attracting tourists and their signage plan would be an asset to Corpus Christi. No one else spoke in regard to this zoning application. Minutes Regular Council Meeting March 21, 1984 Page 23 A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. Council Member Slavik referred to the pictures of signs on other buildings displayed by Mr. Leonard and inquired if the painted signs on the buildings conform with the zoning. Mr. Wenger stated that the Antler's Hotel is in "B-2" zoning and the Seashore Hotel is in "AT" zoning. Council Member McComb stated that he did not have any problem with the signs to be located on the building but he felt that this was an opportunity for the Council to control the signage on the entire beach. He suggested limiting the signage along the entire street to keep it attractive. Mayor Jones noted that to do this, the special permit would have to eliminate the free-standing sign. Mayor Jones pointed out that Sandy Shores has a free-standing sign and it is on the beach and inquired if he felt that that should be removed. A motion was made by Council Member McComb that the zoning of "B-4" for Application No. 284-2 be denied but in lieu thereof, that a special permit be approved to allow for signage on the buildings only and that the free-standing sign be prohibited. The motion was seconded by Council Member Slavik. Council Member Mendez referred to the free-standing sign planned and pointed out that if the sign is blended in with the landscaping in the manner in which Villa del Sol had planned, this would not detract from the area. Council Member Kennedy inquired about the distance of the sign from the public right-of-way, and Mr. Wenger replied that the setback is ten feet off the right-of-way. A motion was made by Council Member Slavik that the hearing be reopened, seconded by Council Member Mendez and passed unanimously. Council Member Kennedy expressed the opinion that the sign is appropriate for this area, particularly since it will be incorporated with attractive landscaping, and Council Member Berlanga indicated his concurrence. Council Member Berlanga continued by stating that to attempt to eliminate free-standing signs would be difficult because there might be instances in which the free-standing signs would be suitable. He expressed the opinion that the Council should consider each sign request on its own merit. Mr. Leonard addressed the Council again and stated that the prohibition of the free-standing sign would be very damaging to their business. He assured the Council that several palm trees will be planted around the sign and he feels that their logo is very attractive and their signs will be aesthetically pleasing and will blend well in the area. Minutes Regular Council Meeting March 21, 1984 Page 24 Mr. Bud Walton, of Anchor Sign Company, stated that Mr. Leonard had requested that they design a sign that would be very attractive and they designed the sign so that it could be read from the street. He explained that as people come in to the facility, they do not look up at the wall signs and there is a need for the free-standing sign. He pointed out that excellent materials have been selected for the signs. Mr. Richard Shotland, representing 900 owners of the Owners Association of Villa del Sol, stated that he had personally taken over the management before Mr. Leonard and at that time, the project had a high crime problem; Corpus Christi Beach was going into a second decline; they have hired off-duty police officers to patrol the area; they have improved their landscaping; and the project is absolutely immaculate. He stated that as developers look at their facility and if it is not productive, they will hesitate to construct new developments and he feels that the signage request is quite reasonable. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. Council Member Slavik stated that it is evidently good signage and inquired if they could incorporate into the special permit ordinance that the free-standing sign must be attractively landscaped. Mr. Utter stated that if the Council approved a sign such as this and stated that they approved it because it blends in well with the architectural theme of the project and because it is aesthetically tied into the entire structure, he felt that this would be a protective device. Mayor Jones called for the vote on the motion to approve a special permit with the elimination of the allowance for a free-standing sign and the motion failed to pass by the following vote: McComb, "Aye"; Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez and Slavik voting, "No". A motion was made by Council Member Mendez that the Council concur with the recommendation of the Planning Commission and Planning Staff and approve a special permit as they recommended due to the fact that the sign proposed is aesthetically tied into the architecture of the project. The motion was seconded by Mayor Pro Tem Turner and passed by a majority of the Council. City Secretary Read polled the Council for their vote and the following ordinance was passed: 31. ORDINANCE NO. 18140: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OWNER'S ASSOCIATION OF VILLA DEL SOL, INC. BY GRANTING A SPECIAL COUNCIL PERMIT ON BLOCK B, BROOKLYN ADDITION, FOR THE ERECTION OF SIGNS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 21, 1984 Page 25 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, and Mendez voting, "Aye"; McComb and Slavik, "No". 32. Application No. 284-6 Mr. Walter M. Stoops, Managing Agent: for a change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office on Lots lA and 1B, Block 4, Marks Tract, located on the west side of Flynn Parkway, south of Corona Drive. Mr. Wenger informed the Council that in response to the notices of the public hearing, only one in favor and none in opposition had been returned and that both the Planning Commission and Planning Staff recommend approval of the request on Lot lA and denial of the request on Lot 1B. Mayor Jones ascertained that no one in the audience wished to speak in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance effecting the recommended change of zoning and it passed as follows: 32. ORDINANCE NO. 18141: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WALTER M. STOOPS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1A, BLOCK 4, MARKS TRACT, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". * * * * * * * * Mayor Jones called for the City Manager Report. City Manager Martin informed the Council that plans for the next week include an hour's meeting scheduled for 9:45 a.m. with the Private Industry Council and at 11:00 a.m., a presentation on the City -Council jail is scheduled. He also reminded them of the bond sale which will occur at 11:30 a.m. Mr. Martin continued by stating that he had talked with Dr. Richards and Dr. Cervantes and had been informed that a number of members of the Task Forces are changing with each other without approval to serve on different Task Forces. He stated that he felt that the book of guidelines is fairly clear that the Council will make the appointments. Minutes Regular Council Meeting March 21, 1984 Page 26 Mayor Jones stated that he felt that if they did not want to serve on the Task Force to which they were assigned, they should resign. Mayor Pro Tem Turner pointed out that the Council has spent a great deal of time selecting the members of the committee; the guidelines are clear; and she agreed with the Mayor. Council Member Berlanga explained that he had one person on his Task Force who stated that she wanted to change to another Task Force because she and the other person also felt that they were more knowledgeable in another area. Mayor Jones pointed out that to permit these kinds of changes means that the Council has wasted their time. Mayor Pro Tem Turner reminded the Council that the aim was to get diverse opinions and most of the Council Members tried to appoint people to the Task Forces who might provide input even though they are not experts in that field. Council Member Slavik stated that she had received complaints about the Task Force selections also but she had informed the people that she felt they should attempt to work on the Task Force to which they were appointed. A motion was made by Mayor Pro Tem Turner that no changes be made in the membership of the Task Forces. She pointed out that the appointments made by the City Council to Corpus Christi '90 are firm choices and if the appointees do not wish to serve, they should resign. The motion was seconded by Council Member Brown and passed unanimously. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Clay Moore, 324 Morningside, informed the Council that a large pile of rocks exist on Southern Pacific property on Resaca and Mesquite Streets; the railroad did not place them there; and he would like to have them removed, particularly since his insurance company had expressed concern about the debris located there. City Manager Martin informed Mr. Moore that the Staff will contact Southern Pacific about the matter. Mr. Donald Greene addressed the Council and stated that he was present to speak in regard to item 26 and inquired if it would be possible for him to speak after the Council has completed their closed session on land acquisition. Mayor Jones indicated that that would be permissible. Minutes Regular Council Meeting March 21, 1984 Page 27 A motion was made by Council Member Slavik that the Council convene in closed session under the Authority of Article 6252-17 on land acquisition; seconded by Mayor Pro Tem Turner; and passed unanimously at 6:25 p.m. Mayor Jones reconvened the Regular Council Meeting at 7:18 p.m. and called for action on item 26. A motion was made by Council Member Mendez that a public hearing be called for April 4, 1984 to consider the reprogramming of Community Development Block Grant funds from some or all of the areas listed on the Staff memorandum into some or all of the projects listed. The motion was seconded by Council Member Slavik. Mayor Jones called for comments from the audience. Mr. Donald Greene, President of Central Business District, stated that the Board of Directors of that organization had requested that he speak in favor of the downtown parking lot question. He stated that he understood that the last charge to the Staff was to investigate the properties that are available for the parking garage and the Central Business District thought that they would have an opportunity to discuss this with the Staff. He stated that they would like to have the Council spend all of the money available on the parking lot, but now they discovered that the Staff is recommending that $300,000 of the money available be reprogrammed to another project. He reminded the Council that $900,000 for the parking facility is a part of the Bayfront Plan and they think it is timely to spend all of the money because this has gone through several Community Development Grant years. He informed the Council that they have encouraged the Staff to spend the money for the downtown facility and they feel that such a facility is certainly justified. Mr. Greene continued by explaining to the Council that at their Board Meeting on Monday night, they considered requesting in the 10th Year Program an additional sum to cover the loss of purchasing power that has been created because of the delay. He informed the Council that the Board had authorized him to request that the line item for this amount be removed from the reprogramming recommendation. Mayor Pro Tem Turner asked Mr. Greene to describe what he thought should be done as far as the parking lot is concerned. Mr. Greene explained that they had requested money for the low to moderate income people who work and shop in the downtown area and need parking spaces. He stated that they would prefer that it be located just below the bluff so that it would be accessible to people working on the bluff and for shopping in the downtown area. He stated that they are considering at least 100 parking spaces and reminded the Council that Mr. Sam Allen had presented to the Council last year a petition signed by 500 people who stated that they would use such a parking facility. Minutes Regular Council Meeting March 21, 1984 Page 28 Council Member Guerrero informed Mr. Greene that the price of property has been established and they anticipate that the cost for a parking lot would be $9,000 to $10,000 per parking space. Mr. Greene pointed out that with the new hotels, the Central Business District foresees an even greater need for a parking facility. He pointed out that they have had to justify this program twice in the past and reminded the Council that the buying power of the money available has decreased dramatically. Council Member McComb stated that he felt that the cost per parking space was quite high. Mr. Greene pointed out that they are talking about $10,000 per space for ground level parking but reminded the Council that the Central Business District has still not had an opportunity to discuss this with the Staff. Also speaking in favor of the parking was Mr. Sam Allen who agreed with Mr. Greene. He stated that they anticipate that parking will become a critical problem in the future in the downtown area and since Tract 3 is eligible under the federal guidelines for funding from this source, they feel that any reprogramming of funds should be reprogrammed to the same census tract. Mr. Allen expressed the opinion that it is morally wrong for the Council to change the program plan at this time and stated that he felt that the estimated $10,000 figure for a parking space is out of line because the City should be able to acquire one-half block and pave it for considerably less. Mayor Jones agreed that the employees hired by the two new hotels will need parking spaces. Mr. J. E. O'Brien informed the Council that the Taxpayers' Association is in favor of reprogramming the funds but he will save his comments for the public hearing on April 4th. There being no further business to come before the Council, on motion by Council Member Brown, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 7:45 p.m., March 21, 1984. /rr