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HomeMy WebLinkAboutMinutes City Council - 04/18/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 18, 1984 2:00 P.M. PRESENT: 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 City Attorney J. Bruce Aycock 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 Council Member Joe McComb in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. 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 Council Member Welder Brown that the Minutes of the Regular Council of April 11, 1984 be approved as presented; seconded by Council Member David Berlanga; and passed unanimously. * Council Member Mary Pat Slavik arrived at the meeting at 2:09 p.m. Mayor Jones recognized students from Del Mar College and Members of Leadership Corpus Christi who were present in the audience. MICROFILMED Minutes Regular Council Meeting April 18, 1984 Page 2 Mayor employees: NAME: Jones then presented retirement plaques Pete S. Padron Luis A. Valls Alberto A. Trevino Carlos R. Escamilla to the following City DEPARTMENT: POSITION: YEARS OF SERVICE Water Fire Transit Street Meter Repairperson Firefighter Bus Operator Senior Street 22 28 18 Foreman I 33 (Note: Mr. Escamilla was eligible to receive a retirement plaque but was unable to attend the meeting.) Mayor Jones then administered the oath to Mr. Leopoldo recently been appointed to the Animal Control Advisory Board. Luna who had * * * * * * * Mayor Jones called for the bid openings on two engineering projects: 1. Resurfacing of five parking lots at Lakeview Park, West Guth Park, the Gas Division and two lots at Greenwood Park Softball Complex. Assistant City Manager James K. Lontos opened bids on this project from the following firms: Hannes Construction Co., Inc.; Ibanez Construction co., Inc.; King Construction Co., Inc.; and A. Ortiz Construction & Paving Company. 2. Hialco Center Renovation - providing for exterior and interior renovation, remodeling of first floor public restrooms to make them accessible to the handicapped, replacement of old drinking fountains, installation of window A/C units, and minor paving work. This project is included in the 9th Year Supplemental Community Development Block Grant Program. Mr. Lontos opened bids on this project from the following companies: A-1 Plumbing; BUI Construction Company; Black Brothers Construction Company; Bracco Construction Co., Inc.; Gulf Coast Construction Company; Holly Construction Company; Hunt Construction Co., Inc.; and Ibanez Construction Co., Inc. Assistant City Manager Lontos verified that all of the bidders on both projects had submitted the required bid security bond or a check in lieu of a bond with their bid. Mayor Jones expressed appreciation to all of the construction companies that had submitted bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter and referred to the Staff for tabulation and recommendation. Minutes Regular Council Meeting April 18, 1984 Page 3 Mayor Jones called for consideration of Board and Committee Appointments and reviewed the appointments discussed during the morning Workshop Meeting. A motion was made by Council Member Berlanga that the following appointments be confirmed, seconded by Council Member Frank Mendez and passed unanimously. BUILDING STANDARDS BOARD: TERM: John Hernandez (Building Material Dealer) 3-03-87 Patricia Constant (Attorney) 3-03-87 Monsignor William Kinlough (Clergyman) 3-03-87 Marcella Curry (Advisory) 3-03-87 ** Mayor Pro Tem Betty N. Turner arrived at the meeting at 2:20 p.m. Mayor Jones then called for Action of the Council from the Workshop Session on the following item: 1. Postpone the Town Hall Meeting previously set for May 1, 1984. A motion was made by Council Member Mendez that the foregoing item be confirmed, seconded by Council Member McComb and passed unanimously. *** Council Member Charles Kennedy arrived at the meeting at 2:29 p.m. * * * * * * * * Mayor Jones referred to the morning Workshop Meeting and suggested that the request to close streets by Feria Hispanica be discussed at this time. Mayor Jones stated that this is one of those difficult items on which the Council will have to make a decision. He stated that it was his understanding that the group has not yet paid their utility bills from the event of the preceding year. Mr. Tom Stewart, Director of Transportation, stated that the group did pay $409 on the utility bill within the last 30 days. He stated that he had checked with Central Power & Light Company and that bill had not been paid as of a week ago. Mayor Jones inquired if there were any health problems associated with the event last year, and Mr. Stewart replied that there were some problems with coordination, particularly with the Health Department. Minutes Regular Council Meeting April 18, 1984 Page 4 Mayor Jones summarized by stating that he was of the opinion that there is a citizen who has the very best of intentions but she does not have enough backup support for such a large event. He stated that the City does have the power to close the streets whether the property owners on the street agree or not, but the request is for the closure of the streets from July 2 through July 11, 1984. Mayor Jones continued by stating that he would not object to having a meeting in his Office next week to discuss this with the applicant and try to work things out, possibly at another location. Council Member Kennedy pointed out that this is Willie Bonilla's event. Council Member McComb stated that he did not object to the Mayor having a meeting in his Office but he felt that the applicant should have been present at this meeting. Mayor Jones explained that he was unable to contact Mrs. Del Rosario and she may not have been aware that this item was to be considered today. Council Member Mendez expressed concern about the required 4% of the gross receipts that is to go to the City and inquired if there was any time limit on the payment of that. Mr. Stewart said that the percentage was due the City within 30 days after the event. Council Member Berlanga informed the Council that Mrs. Del Rosario had contacted him and informed him that she would not be able to attend the meeting and requested that he do everything possible to obtain approval of this event. He continued by stating that Mrs. Del Rosario does not understand why they can not have the same treatment as the sponsors of Bayfest. He also explained that the event was not a success last year because it was very rainy and they only had good weather for a short time one day of the event. Mayor Jones again stated that he felt that this should be discussed with Mrs. Del Rosario and suggested that this item be tabled until next week until after he has had an opportunity to discuss the matter with her. Council Member Mendez agreed that this should be discussed with the applicant with the possibility of arranging for an alternate site. He pointed out that there is a great deal of difference in the days on which Bayfest is conducted and this event because there are so many other things scheduled for the period around July the 4th and that is when the hotels are usually fully occupied. A motion was made by Council Member McComb that the request for the street closures by Feria Hispanica be tabled for one week in order to allow Mayor Jones to conduct a meeting in his Office with the applicant. Minutes Regular Council Meeting April 18, 1984 Page 5 The motion was seconded by Council Member Berlanga and the motion to table passed unanimously. * * * Mayor Jones called for consideration of following item: 1. Bids be received May 8, 1984 for a option to extend for an additional conditions, subject to the approval or his designee, for Safety Shoe expenditure $60,000. the Consent Motions on the twelve months supply agreement, with twelve months, at the same terms and of the supplier and the City Manager, and Boot Service. Estimated annual Mr. Al Hyman, Director of Safety and Risk Management, explained to the Council that the City subsidizes the cost of one pair of shoes per year in the amount of $35 for each employee if they are required to wear safety shoes. City Manager Martin explained that it is very the lowest pay scale to purchase shoes if they are stated that approximately 1,200 are required to wear difficult for employees at required to wear them. He the safety shoes. In a related matter, Mayor Pro Tem Turner inquired about identifying uniforms of employees, particularly in the Street Division. City Manager Martin stated that very few departments require this but agreed that it might be a good idea, particularly for employees who enter personal property to perform work. Council Member Berlanga inquired if the safety shoes were made available to all employees whether they are required to wear them or not, and Mr. Hyman replied that they are, noting that anyone may purchase them but only authorized City employees are allowed to use the payroll deduction plan for payment. 2. Bids be received May 15, 1984 for 25,000 book tote bags. The book tote bags will be purchased with funds provided by the South Texas Library System for use by patrons of the libraries. 3. Plans and specifications be approved for the Chaparral Apron Expansion, Taxiway 'P' Extension and Northwest Hangar Site Improvements at Corpus Christi International Airport, and bids be received on May 16, 1984. This is a 1982 Airport Bond project funded partly by a Federal Aviation Administration grant and by local funds. 4. Approving the Staff's recommendations on the Project Description and Scope of Services for Master Plan for Wastewater Collection and Treatment for Area South of Oso Creek and Updating of Wastewater Treatment and Collection for Oso Systems and Westside System and authorizing receipt of engineering proposals. Minutes Regular Council Meeting April 18, 1984 Page 6 5. Authorizing a revocable easement grant to Spohn Hospital providing for Spohn installing private electrical conductors under Elizabeth Street and a surface splicebox in Elizabeth Street and providing for a fee of $2,000 for the easement grant. The Spohn work is necessary for both present and future expansion of hospital facilities and, if installed now, will mean that Elizabeth Street will not be cut in the future for installation of these facilities. 6. Approving a Contract for Architectural Services with Total Design Four, Inc. in the amount of $14,900 providing for the Exposition Hall analysis and structural study. A structural engineer will thoroughly investigate the roof and structure of this 33 year old building. Based on the results of this investigation, the consultant will provide alternate solutions for corrective action for both short and long-term use of the building, and in the event the building is demolished, the consultant will provide information relative to relocating offices and electrical services and the continued use of existing restrooms in Exposition Hall which also serve Memorial Coliseum. 7. A public hearing be held on May 7, 1984 by the Director of Planning in the Committee Room at City Hall at 8:45 a.m. and that a second public hearing be held on May 9, 1984 by the City Council on the contractual annexation of 96.72 acres of land owned by Henry and Bryan Tucker, out of Lots 2 and 3, Section 19, and Lots 17 and 31, Section 6, Bohemian Colony Lands and a portion of The Lakes Unit 1 Subdivision, generally located south of Cedar Pass and west of Everhart Road. 8. A public hearing be held on May 7, 1984 by the Director of Planning in the Committee Room at City Hall at 8:30 a.m. and that a second public hearing be held on May 9, 1984 by the City Council on the contractual annexation of 49.63 acres of land owned by Grandstand Softball, William H. Holland, General Partner, out of Lot 8, Section 14, Bohemian Colony Lands, generally located on the southeast corner of Greenwood Drive and Saratoga Boulevard. 9. A public hearing be held on May 7, 1984 by the Director of Planning in the Committee Room at City Hall at 9:00 a.m. and that a second public hearing be held on May 9, 1984 by the City Council on the contractual annexation of 12.54 acres of land owned by Crow -Western #9 and C.C. Ltd., and out of Lot 9, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, generally located on the southwest corner of Timbergate Drive and South Staples. Council Member Slavik referred to item 6 and inquired about the owners of Total Design Four. Mayor Pro Tem Turner explained that Mr. Jim Boggs and Mr. Bill Holland and others are associated with this firm. Council Member McComb referred to item 4 and reviewed the changes and amendments that were discussed the Workshop Meeting. Minutes Regular Council Meeting April 18, 1984 Page 7 After further discussion the following amendments were made to Attachment 43 of the proposed consulting engineering selection for the Wastewater Master Plan: 1. 1.0 - Criteria for Initial Selection 2. 1.3 - experience in designing plants and plant expansion. 3. 1.5 - deleted 4. 1.10 - deleted 5. 2.0 - Criteria for Final Selection 6. 2.7 - deleted In relation to the same item, City Manager Martin reminded the Council that at the time this was originally discussed, the City Council mentioned having a representive of the Pharaoh Valley Association on the Committee. He stated that that Organization has recommended that Mr. Barry Pillinger, who is an engineer, represent them and he would be welcome to serve on the Selection Committee. Mayor Jones pointed out that this is something that is of interest to far more citizens that just Pharaoh Valley residents. He questioned whether they should have that special input. Following further discussion, a motion was made by Mayor Pro Tem Turner to confirm the appointment of Mr. Barry Pillinger as a Member of the Selection Committee, seconded by Council Member Slavik and passed unanimously. Council Member Mendez referred to item 6 and inquired if improvements to the floor of Exposition Hall would be included in this analysis. Mr. Hennings explained that the floor is not specifically mentioned but the idea is to ask Total Design Four to estimate everything that needs to be done to make the building operable for a number of years. City Manager Martin agreed that the floor should be included in this analysis. Mayor Jones ascertained that no one in the audience wished to speak in regard to the Consent Motions. A motion was made by Mayor Pro Tem Turner that Consent Motions 1 through 9, items 4 and 7 having been amended, be approved; seconded by Council Member Slavik; and passed unanimously. Minutes Regular Council Meeting April 18, 1984 Page 8 Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 10 through 23. Mayor Jones referred to item 10 which approves change orders for additional work at the Oso Plant and inquired about the completion date of this entire project. Assistant City Manager Lontos stated that they hoped to have it completed within 21: months. Council Member Slavik expressed concern about some of the equipment in the Oso Plant that is deteriorating. Mr. Lontos assured her that any plant will have some deterioration. He said they might possibly consider other materials but proper maintenance is the most important item to prevent material deterioration and weather plays a very detrimental role in this. He stated that the City plans to commence maintenance as soon as the project is completed and accepted by the City but right now, any problems in existence are the responsibility of the contractor. Council Member Slavik continued and inquired if this Contract 5 will improve the conditions at the plant as soon as it is completed. Mr. Lontos assured her that it would because as soon as Contract 5 has been completed, the entire plant will be in operation; the treatment will be improved; and the odors will be substantially reduced. Mayor Jones then referred to item 13 which requires a deposit of funds for the Windsong Bridge project and inquired as to who earns the interest on money that is deposited. Mr. Lontos stated that the City receives the interest of the money deposited by the developer, and Mr. Martin pointed out that interest earnings can be used to offset inflation. Council Member Berlanga referred to Ordinance No. 20 which is the second reading amending the Code to prohibit the consumption of alcoholic beverages while operating a motor vehicle. He stated that he had been discussing this with various people and they had provided input on this, particularly the area Legislators and he stated that he has had mixed responses. He explained that one of the greatest fears that most people have is that this ordinance will adversely affect the tourists coming to the City. He stated that it was also his understanding that this ordinance will not be upheld in Court because the State Law supersedes City ordinances. He pointed out to the other Council Members that when they took their oath of office, they stated that they would uphold the laws of the State of Texas and he felt that this might be contrary to the oath the Council Members took. He assured the Council Members that he is in favor of getting the DWIs reduced but as the Legislators had pointed out to him, a State Law for this would be preferable. Minutes Regular Council Meeting April 18, 1984 Page 9 Council Member Slavik stated that several Council Members had attended the Tourist Bureau luncheon that day and that group took no stand on this ordinance and did not seem to feel that it would adversely affect tourism. She stated that she had heard from State Legislators who feel that this is a good instrument to urge the Legislators to pass State Legislation. Council Member McComb referred to the concern about the adverse effect on tourism. He stated that he could not imagine tourists who would not prefer to come to visit a safe place such as Corpus Christi and he believed that such an ordinance would actually be an asset to the City in encouraging tourism. He also stated that passage of this ordinance would not violate any State Law. He, too, indicated that he felt that this is a signal to the Legislators that this City wants a State Law passed prohibiting consumption of alcoholic beverages by motorists. Mayor Jones stated that he will support this ordinance again because he felt that if every City in Texas passed such a law, the subject could not be ignored by the State Legislators. Council Member Brown pointed out that DWI is not only a City concern, it is a National concern and he was of the opinion that passage of this ordinance is a step in the right direction to control DWI and he would support passage. City Manager Martin referred to item 17 which was listed as a first reading ordinance which pertained to consolidating self-insurance fund into one fund. He stated that if the Council has no objections, he would like to change this to a one -reading ordinance because of some pending litigation that is dependent upon combining the funds and claim settlement procedures. The Council indicated their concurrence to change this ordinance to a one -reading one. There were no comments from the members of the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 10. ORDINANCE NO. 18183: APPROVING CHANGE ORDERS NO. 18, 19, AND 23 TO THE CONTRACT WITH F & E ERECTION COMPANY FOR THE SECOND PHASE OF EXPANSION OF THE OSO WASTEWATER TREATMENT PLANT WHICH PROVIDES FOR ADDITIONAL WORK AT THE OSO PLANT INVOLVING ADDITIONAL ELECTRICAL LIGHTING AND WIRING AND ALSO REPLACING WALKWAY BRIDGES; APPROPRIATING $86,042.70; 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 April 18, 1984 Page 10 11. ORDINANCE L.O. 18184: APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY FOR THE MAIN DRIVE STREET AND DRAINAGE IMPROVEMENTS PROJECT WHICH PROVIDES FOR OVERSIZING OF A 48 INCH CONCRETE PIPE STORM SEWER TO A 54 INCH CONCRETE PIPE STORM SEWER AND PERTINENT WORK; APPROPRIATING $53,285; 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. 18185: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENRY TUCKER, PROVIDING FOR CITY PARTICIPATION FOR PAVING IMPROVEMENTS ON EVERHART ROAD AND YORKTOWN BOULEVARD COINCIDENTAL WITH THE DEVELOPMENT OF THE LAKES UNIT 4 SUBDIVISION; APPROPRIATING $73,353.41; 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. 18186: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AL HOGAN BUILDER, INC., PROVIDING FOR CITY PARTICIPATION IN THE CONSTRUCTION OF A BRIDGE IN AN EXISTING DRAINAGE RIGHT-OF-WAY AND CHANNEL ALONG THE NORTHERN BOUNDARY OF THE WINDSONG UNIT 1 SUBDIVISION; APPROPRIATING $19,500; 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. 18187: AUTHORIZING THE EXECUTION OF A CONTRACT WITH J. D. CONSTRUCTION & REFINERY MAINTENANCE, INC. FOR THE BLUCHER PARK AREA RELOCATION OF UTILITIES AND DRAINAGE IMPROVEMENTS PROJECT; APPROPRIATING $225,000; 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 April 18, 1984 Page 11 15. FIRST READING: AMENDING SECTION 53-46 OF THE CITY CODE TO PROVIDE FOR THE APPLICATION OF PRIVILEGES FOR AUTHORIZED EMERGENCY VEHICLES SET FORTH IN STATE LAW WITH EXCEPTIONS FOR AMBULANCES; AND PROVIDING 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". 16. FIRST READING: AMENDING VARIOUS SECTIONS OF THE CITY CODE TO PROVIDE FOR THE ESTABLISHMENT OF UNIFORM CHARGES FOR THE DUPLICATION OF PUBLIC RECORDS; AND PROVIDING 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". 17. ORDINANCE NO. 18188: CONSOLIDATING THE PREVIOUSLY EXISTING INSURANCE FUND, SELF-INSURANCE FUND AND WORKERS COMPENSATION FUND INTO A NEW SELF-INSURANCE FUND TO PROVIDE EXTRAORDINARY COVERAGE FOR VARIOUS LOSSES; PROVIDING FOR PROMPT ADMINISTRATIVE ACTION IN SETTLING CLAIMS; PROVIDING FOR REPEAL OF EXISTING ORDINANCES; 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: CLOSING AND ABANDONING THAT 60 FOOT WIDE PORTION OF CANAL AVENUE LOCATED WEST OF THE RIGHT-OF-WAY LINE OF SURFSIDE BOULEVARD AND EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 181; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. 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". 19. SECOND READING: CONSENTING TO THE ASSIGNMENT OF PARKER'S BAIT STAND LEASE FROM FRANKLIN MOORE TO LOWELL THOMAS. Minutes Regular Council Meeting April 18, 1984 Page 12 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". 20. SECOND READING: AMENDING CHAPTER 53, TRAFFIC, OF THE CODE OF ORDINANCES TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES WHILE OPERATING A MOTOR VEHICLE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting, "Aye"; Guerrero and Mendez voting, "Nay". 21. SECOND READING: AMENDING THE CITY CODE SECTION 12-75 TO PROVIDE FOR PERMITS FOR IN -WATER HULL CLEANING SERVICES IN THE MARINA; AND 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". 22. SECOND READING: AUTHORIZING THE EXECUTION OF A LEASE WITH THE CORPUS CHRISTI YACHT CLUB FOR PIERS L AND M. 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. 18189: CLOSING AND ABANDONING A 50 FOOT WIDE UNNAMED STREET ADJACENT TO SHERWIN PLACE SUBDIVISION; A 5 FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 10, BLOCK 1, SHERWIN PLACE, A 10 FOOT WIDE UTILITY EASEMENT OUT OF LOTS A, B, AND C, MT. VERNON SHOPPING CENTER, AND A 5 FOOT WIDE UTILITY EASEMENT OUT OF LOT C, MT. VERNON SHOPPING CENTER, ABANDONING TWO EASEMENTS; AND LISTING THE PROVISIONS THEREOF. 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". Minutes Regular Council Meeting April 18, 1984 Page 13 Mayor Jones called for Action by Motion from the Regular Agenda on the following item: 24. Recommendation that the Kidney Foundation/KCCT Radio be allowed to sponsor the annual Chicano Music Festival in Cole Park on Sunday, May 6, 1984 from 12:00 noon to 7:00 p.m., subject to strict controls including adequate litter pick-up, barricading of side streets, provision of portable restrooms, and proper sound volume control. City Manager Martin stated that the Staff recommends approval of this item since the date does not conflict with any other major events. He assured the Council that they plan to do everything possible to work with the Kidney Foundation to see that no problems exist. He explained that barricades will be installed and other precautions that will be taken to eliminate any problems. Council Member Mendez stated that this is a good example that might be related to La Feria Hispanica in that with cooperation, problems can sometimes be worked out. City Manager Martin admitted that in any large events such as this, there will be problems with the traffic, debris, etc., but the Kidney Foundation is a very responsible organization and if there are too many problems, it will not be approved next year. Council Member Brown noted that in similar events, a cash deposit is made with the Park and Recreation Department to take care of litter pickup, etc. and this is returned to the sponsoring organization if they take care of that pickup rather than City crews. Mayor Pro Tem Turner inquired if the City has some specific guidelines so that if these groups do not comply with them, they will not be allowed to have another event. City Manager Martin stated that the City does have some basic criteria but there are really no guidelines for use of parks. He stated that the City Staff has required more from this group because of the anticipated large attendance. Council Member Mendez also pointed out that this group is providing shuttle bus service which could decrease the traffic problems in the vicinity of Cole Park. Mayor Jones then called for comments from the audience on this item. Mrs. Dorothy Bourg -Spann, 502 Del Mar, stated that this is a very large event and it is inherent that some problems will develop. She pointed out that at the last event, there were only two police officers employed; when she checked on Cole Park at that time, three police cars had arrived and as many as fifteen other police officers were there. She pointed out that these officers Minutes Regular Council Meeting April 18, 1984 Page 14 were obviously called from some other areas of the City to control this event. She expressed the opinion that her neighborhood does have some legitimate concerns and since there is a great deal of City expense involved, it is actually subsidizing an organization. She pointed out that there are costs here that are borne by the taxpayers for the benefit of one organization. Mr. Utter answered some of Mrs. Spann's concerns and stated that specifically, the organization will be required to employ twelve police officers or County Law Enforcement Officers who are off duty. In regard to the installation of barricades, they will be allowed to use City or County barricades; they will be placed under the direction of the City Police Department; and the Staff will make sure that the barricades are properly set up to control the traffic. He stated that any litter clean-up that the City has to perform will be charged to the sponsors and that there are very few costs except for the Staff people who will be monitoring the activities. He pointed out that this is a free event that will be enjoyed by a large number of citizens. Mayor Jones expressed the opinion that the Staff has performed a good job in protecting the residents of the area of Cole Park. He stated that he was always reminded of a previous event at which time it was pointed out by one of the participants in the Kidney Foundation Organization that Cole Park is enjoyed by the residents of the Del Mar Area every day of the year and it seemed only fair that other citizens should be allowed to enjoy Cole Park for one day. Council Member McComb pointed out that this event is similar to the Art Jamboree which is also beneficial to the entire community and is conducted in another City park. He stated that he felt that as long as the Staff takes the required precautions, the event should be allowed to occur. A motion was made by Council Member Berlanga that item 24 be approved, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. Mayor Jones announced the public hearing on the following street closing: 25. STREET CLOSING - closing and abandonment of one half of 40 foot wide Williams Drive right-of-way and one half of a 40 foot wide unnamed street in Lot 10, Section 31, Flour Bluff & Encinal Farm & Garden Tracts. . Assistant City Manager Lontos informed the Council that this is a request from the Moose Lodge to close this one-half street right-of-way and that the Staff recommends closing it with the retention of the utility easement which may be outside the area requested for the closing. He stated that development in that area will preclude any other collector streets and the Staff does not feel that a road is needed there. Minutes Regular Council Meeting April 18, 1984 Page 15 Council Member Slavik questioned the timing of this request since the Council is awaiting a recommendation from the Planning Commission in regard to payment for land acquired through street closings. She pointed out that the City is receiving a large number of street closing requests and stated that she felt that the applicants are submitting these before there is a charge for street closings. Mr. Lontos admitted that this is probably true. Mr. Harry Bennett, Goldston Engineers, stated that he represents the owners in this area, Moose Lodge. He stated that there is another area that has been platted; there is a drainage easement; there is another piece of property which houses the roller rink and the Moose Lodge has sold this to an organization that plans to construct apartment houses. He stated that the zoning for this purpose was approved some time ago by the City Council. He also pointed out in regard to Mrs. Slavik's concern that this request was submitted in January or February, before the Council had even considered changing the policy to charge for street closings. He explained the plans for the prospective purchaser. Council Member Mendez referred to the zoning case and informed the Council that at that time the decision was made that there would no longer be a need for Williams Drive extension. He concurred with Mr. Bennett's statement that this request had obviously been in the planning stage for some time. Council Member McComb questioned access to some of the property if this street is closed, and Mr. Lontos stated that access will be on the Padre Island Drive service road. He indicated a road that will be dedicated. He questioned Mr. Wenger and ascertained that the plat submitted did not indicate any other road. Mr. Lontos stated that possibly Mr. McComb did have a legitimate concern about access to the large tract of land on the other side. Mr. Bennett stated that his clients have delayed progress on this development for some time waiting for the street closings. be is Mayor Pro Tem Turner stated that she thought that this should be delayed to sure that some of the tracts of land would not be without access because she concerned about land locking any piece of property. Mr. Lontos agreed that his Staff should examine possible land locked land that is across from this site. Mayor Pro Tem Turner noted that since the ordinance is on a three -reading basis, perhaps the Staff could work the third reading. this again about the effecting this closing something out prior to A motion was made by Council Member Kennedy that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Minutes Regular Council Meeting April 18, 1984 Page 16 City Secretary Read polled the Council for their vote on the first reading of the ordinance effecting the street closing and the following ordinance was passed: 25. FIRST READING: CLOSING AND ABANDONING THAT 20 FOOT WIDE PORTION OF WILLIAMS DRIVE LOCATED IN LOT 10, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND THAT 20 FOOT WIDE PORTION OF UNNAMED STREET LOCATED IN LOT 1, PEARY PLACE ANNEX "E" AND LOT 10, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; 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, Turner, Berlanga, Brown, Guerrero, McComb, and Mendez voting, "Aye"; Kennedy and Slavik, "Nay". * * * * * * * * Mayor Jones announced the public hearing on the following street name: 26. STREET NAME CHANGE - Changing the name of Trinity River Drive to Calaveras Drive, located in Wood River Unit 2 at the request of Messiah Lutheran Church. City Secretary Read explained the street name change, stating that the application was made on behalf of the Messiah Lutheran Church which has purchased land on Calaveras Drive which is located in Wood River Unit 6 and they felt that a street name with a more religious significance would be preferable. He stated that the plat for Wood River Unit 6 has not been approved; therefore, the Planning Department has agreed to change the name in that unit to Trinity River Drive and the only problem now is to change the existing Trinity River Drive, which is located in Wood River Unit 2, to Calaveras Drive. Mr. Read assured the Council that no one has objected to the name change and the only two property owners have agreed to the street name change. Mayor Jones ascertained that no one in the audience wished to speak in regard to this street name change. 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 ordinance effecting the street name change and it passed as follows: 26. ORDINANCE NO. 18190: CHANGING THE NAME OF TRINITY RIVER DRIVE TO CALAVERAS DRIVE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 18, 1984 Page 17 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 announced the public hearing on two zoning applications. 27. Application No. 384-8, Mr. D. A. Chatham: for a change of zoning from "A-1" Apartment House District with "SP" Special Permit to "AB" Professional Office District on Tract 1 and from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Tract 2 on Lot 3, Block 1, Carroll Place Unit 7, located on the north side of Holly Road, approximately 900' west of Carroll Lane. Assistant City Manager Tom Utter informed the Council that in response to the twenty-eight notices of the public hearing that were mailed, two in favor and seven in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval. 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 Brown. Council Member Slavik stated that she has several questions before the hearing is closed: (1) she questioned the entrance to Tract 2. Mr. Wenger located Holly Road and stated that access would be provided from that street. Council Member Slavik continued by pointing out that residences surround Tract 2 and she felt that "R -1B" on Tract 2 would be preferable. Mr. Wenger stated that "AB" zoning is appropriate as a buffer between "R -1B" and more intense zoning. Assistant City Manager Utter stated that to retain Tract 2 for "R -1B" use is not a viable solution; there would have to be some type of driveway access through "AB"; therefore, it could not be used for residences. He pointed out that all of the residences in the area back up to Tract 2. Council Member Mendez reminded the Council that this is the area on which they discussed development on Holly Road and because of the railroad tracks, it was the general consensus that "AB" and "A-1" zoning would be preferable. The motion to close the hearing passed unanimously. Minutes Regular Council Meeting April 18, 1984 Page 18 City Secretary Read polled the Council for their vote and the following ordinance was passed: 27. ORDINANCE NO. 18191: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF D. A. CHATHAM BY CHANGING THE ZONING MAP IN REFERENCE TRACTS 1 AND 2 OUT OF LOT 3, BLOCK 1, CARROLL PLACE UNIT 7, FROM "A-1" APARTMENT HOUSE DISTRICT WITH A "SP" SPECIAL PERMIT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 1 AND "A-1" APARTMENT HOUSE DISTRICT ON TRACT 2; 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". * * * * * * * * * * * 28. Application No. 384-4, Mr. John M. Trice: for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 8, Block J. Flour Bluff Estates, located on the east side of Admiral Street, approximately 125' north of S. Padre Island Drive. Mr. Utter informed the Council that in response to the seventeen notices of the public hearing, four in favor and three in opposition had been returned and that both the Planning Commission and Planning Staff recommend denial of the application. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map in the Flour Bluff area, described the land use in the surrounding area, noting that it is primarily "R -1B"; and stated that this area falls within the noise zone of the Naval Air Station and the Staff recommends that it be developed with low density because of the excessive noise. Mayor Jones called on the applicant to address the Council. Mr. John Trice presented copies of the plat to the Council and stated that he plans to purchase the property, stating that he operates businesses on Padre Island Drive and he plans to purchase this property for expansion in the future. He stated that this purchase would provide him with an additional lot of frontage on Padre Island Drive and he plans to eventually develop the land behind his present retail store for some type of use. Council Member Slavik questioned the appropriateness of business zoning on Admiral Street that is planned by the applicant, pointing out that residences are located on that street. Council Member Kennedy pointed out that since there would be no access to Padre Island Drive from the property at the rear, there may be problems. He asked about a special permit to require that access be provided from that property to Padre Island Drive. Minutes Regular Council Meeting April 18, 1984 Page 19 Mr. Utter agreed that that could be done if the Council desired but he would suggest that the uses be limited to "B-3" which would not allow for residential structures. Mayor Pro Tem Turner also suggested that a screening fence be required between the proposed use and the existing residences. Mr. Utter admitted that a special permit with a site plan which requires a screening fence and limiting access to Padre Island Drive only with "B-3" uses allowed would not be too objectionable as far as the Staff is concerned. No one else spoke in regard to this application. A motion was made by Council Member McComb that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member McComb that the requested zoning of "B-4" be denied but in lieu thereof that a special permit under the "B-3" designation in accordance with an approved site plan which requires a screening fence completely around the property and with access limited to Padre Island Drive through the applicant's existing property be approved. The motion was seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb and Mendez voting, "Aye"; Slavik voting, "No". * * * * * * * * Mayor Jones called for the City Manager's Report. Mayor Jones first referred to a letter from Judge Robert Barnes requesting the closing of Waco Street, and City Manager Martin stated that the City needs to work on this for awhile. City Manager Martin continued by stating that he would like to discuss scheduling of related types of items. He referred to the Community Development Block Grant Public Hearing to be conducted on May 9, which is the same date that a number of the Council Members plan to leave early. He suggested that because of this that those who are present conduct a hearing; following that hearing, the Staff will make revisions in the recommended funding; and then on May 16, this matter could be on the agenda for discussion; and during the Regular Meeting, final approval can be given for the Community Development llth Year Program. All of the Council Members indicated their concurrence with this schedule. Mayor Pro Tem Turner noted that at the Planning Commission Meeting the preceding night, some of the Planning Commission recommendations seemed to differ from the Council's guidelines on the CD Program. Minutes Regular Council Meeting April 18, 1984 Page 20 City Manager Martin assured the Council that on some of the things that the Planning Commission made recommendations, the Staff will definitely recommend against including. Council Member Guerrero suggested that the Council should send a letter to the Planning Commission that they are not to make political decisions which forces this Council to act as referee between the Staff and the Planning Commission. Mayor Pro Tem Turner agreed that they should comply with the Council's guidelines, including the omission of operating funds for any organization for the Community Development Block Grant Program. City Manager Martin informed the Council that the Staff will prepare a packet which will include the status of the CD Program, all of the requests that have been received, recommendations of the City Staff, and recommendations of the Planning Commission. City Manager Martin referred to another matter and stated that plans had been made to take the Council portrait the following week at 8:30 a.m. He ascertained that everyone would be able to be present. He also informed the Council that final schematics for the new City Hall will be considered. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ivan Arceneaux, representing the Senior Community Services, stated that he would like to explain to the Council a group that had been formed called, "Think Tank". He presented copies of various kinds of materials and stated that they are actually County -wide workshops in six counties on aging. He stated that this was approved by COG and Nueces County Senior Citizens approved the Think Tank. He explained that they meet at the Corpus Christi Independent School District Administration Building and stated that they discuss various issues of concern to area citizens. Mayor Pro Tem Turner stated that they are to be commended for this idea and if there are any issues on which the Council would like for them to provide input, she would be glad to pass this on to them. Mayor Pro Tem Turner ascertained from Mr. Arceneaux that only about eight senior citizens regularly attend the meetings and suggested that all of the senior citizens be urged to attend. Council Member Slavik expressed the opinion that the group should have more publicity, and Mr. Arceneaux stated that they had not publicized the meetings until they were well established. He stated that they meet every other Friday at 2:00 p.m. at the CCISD Administration Building and their next meeting will be Friday, April 27th at 2:00 p.m. Minutes Regular Council Meeting April 18, 1984 Page 21 Mr. Jack Graham, 7005 Winter Park, expressed opposition to the ordinance the Council proposes to pass prohibiting operators of motor vehicles from drinking because enforcement will take so much valuable time on the part of police officers when they have to appear in Court following citations. He also expressed opposition to the use of IRBs for groups who have ample money for development on their own. He then expressed concern about the lack of water for this City and suggested the use of less water for various purposes in homes. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Berlanga, and passed unanimously, the Regular Council Meeting was adjourned at 5:24 p.m., April 18, 1984. DZ/rr