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HomeMy WebLinkAboutMinutes City Council - 06/08/1983MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 8, 1983 2:00 P. M. PRESENT: Mayor Luther Jones Council Members: Jack K. Dumphy Herbert Hawkins, Jr. Cliff Zarsky ABSENT: Mayor Pro Tem Betty N. Turner Council Member Bob Gulley Council Member Charles Kennedy Deputy City Manager Ernest Briones 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 the Reverend Pat Bullock of Annaville Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cliff Zarsky. 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 Zarsky that the Minutes of the Regular Council Meeting of June 1, 1983 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. * * * * * * * * * * * * * Mayor Jores called for Consideration of the Motions from the Consent Agenda on the following items: 1. Bids be received Jure 21, 1983 to overhaul and repair the bay patrol beat for the Marina. QEJLMED ►SCA 19 19‘14 Utes Regular Council Meeting June 8, 1983 Page 2 2. Authorizing the City Manager to execute an agreement with Saber Refining Company providing for Saber giving the City the right of ingress and egress to the Hurter Ditch Outfall between I.H. 37 and Up River Road for maintaining, improving and altering the Hunter Ditch. This ditch is a natural drainage channel proposed to be utilized as part of the storm sewer outfall for the Main Drive drainage project. Mayor Jones referred to item 1 and inquired if the Staff had investigated the possibility of purchasing a new boat. Assistant City Manager Tom Utter stated that they had examined that possibility through several sources; they have riot been able to find a used boat and the cheapest boat that could be purchased would be between $60,000 and $70,000. He explained that the boats recently confiscated in Florida would not be suitable for the bay patrol boat. Mr. Bill Sky -Eagle, who was present in the audience, confirmed that the Oil Spill Control Association agreed with the Staff recommendation to overhaul and repair the existing boat. A motion was made by Council Member Zarsky that the foregoing items be approved, seconded by Council Member Dumphy and passed unanimously by those present and voting. * * * * * * * * * * * * * * Mayor Jones called for the Consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 3 through 16. Mayor Jones referred to items 6 and 7 which authorized condemnation proceedings for the acquisition of parcels of land located east of Airline Road between Wooldridge and Sandra Lane for the Wooldridge -Staples Drainage Outfall Project and asked that they be located on a map. Mr. Jerry. Smith, Director of Engineering, located the areas on transparencies and explained the City's offer to the owners of the subject property which they had rejected. He explained that they both prefer that a closed conduit be constructed for the drainage but the open drainage channel is now recommended by the Staff and is included in the Master Plan. He explained that these property owners are not developing their property at this time; therefore, the City has to pay for these acquisitions. Council Member Zarsky pointed out that the property owners who have developed their property had to donate right-of-way for this drainage channel as a condition of platting, yet, these two property owners do not have to dedicate land because they are not in the process of developing their land. He suggested that there should be some means of requiring these two owners to pay for the right-of-way at the time they do develop their property. utes Regular Council Meeting June 8, 1983 Page 3 Mr. Smith agreed and stated that that is a matter that the Staff would like to consider but this will have to be determined by the Legal Department as to whether or not the dedication could be made retroactive. Mr. Smith further explained that a drainage box was originally planned; the property owners dedicated right-of-way at that time with the understanding that it would be constructed; but when the plan was changed to open ditches, the richt-of-way was returned to the property owners and now they do not want to dedicate the wider easement for an open ditch. Council Member Dumphy suggested that the Off -Site Utility Committee should address this problem and agreed with Mr. Zarsky's suggestion that these two property owners should eventually pay for the right-of-way. He asked that this matter be considered by that Committee. Mr. Smith stated that he will present this to the Utility Committee and provide a report for the Council. Mayor Jores referred to Ordinance No. 8 in regard to the final assessment roll on the Tracy Addition Street Improvements and asked about the one change of a reduction on ore piece of property. Mr. Smith explained that there were eleven such properties on the Tracy Street roll that could be considered under the new ordinance on assessments, but there was only one piece of property that was residential; therefore this was the only one that was reduced. Mayor Jones asked for an explanation of Item No. 11 in regard to the construction of a bridge in Cedar Pass Drive at the Schannen drainageway. Mr. Smith located the area on a transparency and stated that all four property owners adjacent to this bridge will have to pay the existing developer for their portion of the cost of the construction. There were no further comments from the Council or from members of the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: 3. ORDINANCE NO. 17626: AMENDING ORDINANCE NO. 7725 PERTAINING TO CROSS DRAINAGE CONSTRUCTION AGREEMENTS BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS TO INCLUDE A FOURTH STORM DRAINAGE CUTFALL KNOWN AS TFIE HUNTER DRAINAGE CHANNEL; AMENDING THE MAINTENANCE PROVISIONS OF SAID ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". utes rcegular Council Meeting June 8, 1983 Page 4 4. ORDINANCE NO. 17627: AUTHORIZING THE EXECUTION OF A CONTRACT WITH HI -LO ENTERPRISES FOR THE RE -LIGHTING OF THE KIWANIS SOFTBALL FIELD; APPROPRIATING $21,111 FOR THE CONTRACT AND FOR FENCE REHABILITATION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 5. ORDINANCE NO. 17628: AUTHORIZING AN APPRAISAL AGREEMENT WITH RICHARD CLOWER FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF TWO PARCELS IN CONNECTION WITH THE GEORGE EVANS SCHOOL AREA, PHASE I STREET IMPROVEMENTS PROJECT; APPROPRIATING $1,825 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 6. ORDINANCE NO. 17629: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 7 FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, DR. AND MRS. SALVADOR ORTIZ; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 7. ORDINANCE NO. 17630: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCELS 6 & 8 FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, DR. BYRON N. COWARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". .utes .<egular Council Meeting June 8, 1983 Page 5 8. ORDINANCE NO. 17631: AMENDING ORDINANCE NO. 16816 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: TRACY ADDITION: (1) Riggan, Cloyde, Lynch, and Terrace Streets, from Baldwin Boulevard to 19th Street; (2) Elizabeth Street, from Baldwin Boulevard to 18th Street; (3) 19th and Tracy Streets, from Prescott Street to Terrace Street; and (4) McKenzie Street, from 18th Street to 19th Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 9. AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, Inc., FOR CITY PARTICIPATION IN CONSTRUCTION OF GOLD RIDGE ROAD; APPROPRIATING $9,245.09 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 10. ORDINANCE NO. 17633: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR CITY PARTICIPATION IN CONSTRUCTION OF CEDAR PASS DRIVE AND GRAND JUNCTION DRIVE; APPROPRIATING $32,585.94 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 11. ORDINANCE NO, 17634: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH B & G CUSTOM BUILDERS, INC., FOR CITY PARTICIPATION IN CONSTRUCTION OF CEDAR PASS DRIVE BRIDGE; APPROPRIATING $47,010.34 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. utes Regular Council Meeting June 8, 1983 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 12. ORDINANCE NO. 17635: AUTHORIZING AN AGREEMENT WITH EMERALD AIR FOR THE LEASE OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT EFFECTIVE JUNE 10, 1983; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 13. ORDINANCE NC. 17636: APPROPRIATING $47,314.95 OUT OF PARK FUND NO. 291 AND $27,789.70 OUT OF PARK TRUST FUND NO. 111, AND $18,422.43 OUT OF SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR REIMBURSEMENT AT VARIOUS PARKS TO THE GENERAL FUND NO. 102-266-518.43-603; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 14. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREET AND SIDEWALKS, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR THE TEMPORARY CLOSURE OF STREETS FOR PUBLIC EVENTS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". 15. THIRD READING - ORDINANCE NO. 17637: AMENDING THE CODE OF ORDINANCES, BY AMENDING ARTICLE II, MARINA SECTION, CHAPTER 12, BAYS, BOATS AND WATERWAYS, SECTION 12-79, SLIP RENTAL CONTRACT BY ADDING SUB -PARAGRAPH (h) TITLED REBATE FOR TRANSIENT CRAFT USAGE OF CONTRACTED SLIPS WHILE VACANT, ESTABLISHING A REBATE BASED UPON A PRO -RATA SHARE TO BE RETURNED TO THE CONTRACT SLIP TENANT OR SUB -LEASE TENANT WHEN THEIR SLIP IS RENTED TO A TRANSIENT CRAFT, AND ESTABLISHING A REQUIREMENT THAT SLIP TENANTS, INCLUDING SUB -LEASE TENANTS, NOTIFY THE MARINA OFFICE OF VACANCY, AS A CRITERIA FOR REBATE, SPECIFICALLY AMENDING ORDINANCE NO. 13462, SECTION 1; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. .rtes Regular Council Meeting June 8, 1983 Page 7 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye'°; Turner, Gulley and Kennedy, "absent". 16. THIRD READING - ORDINANCE NO. 17638: AMENDING THE ELECTRICAL CODE BY ESTABLISHING THE REQUIREMENT THAT ELECTRICAL SERVICE ENTRANCE EQUIPMENT BE PROVIDED WITH MINIMUM LEVELS OF FAULT CURRENT PROTECTION; PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1983; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". * * * * * * * * * * * * * Mayor Jones noted that the public hearings on the zoning applications were scheduled for 3:00 p.m. A motion was made by Council Member Dumphy that the Regular Council Meeting be recessed at 2:55 p.m., seconded by Council Member Zarsky and passed unanimously. * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 3:05 p.m. and announced the public hearings on three zoning applications. 17. Application No. 381-13, Mr. Robert Maldonado, for a change of zoning from 11B-4" General Business District and "8-1" Neighborhood Business District to "I-2" Light Industrial District being the west half of Lot 5 and all of Lot 6, Block 4, and Lot 1, Block 5, Morris and Mitchell Extension of South End Addition, located on the northwest and northeast corners of Brownlee Boulevard and Morris Avenue. Assistant City Manager Torn Utter informed the Council that of the twenty-eight notices of the public hearing that had been mailed, one in favor and two in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the requested zoning but in lieu thereof, that a special permit be issued on Lot 1, Block 5, to allow for the storage of vehicles and with the requirement for a standard screening fence subject to an approved site plan and that "B-4" zoning be retained on the west half of Lot 5 and all of Lot 6, Block 4. Mayor Jones inquired if the applicant had agreed to accept the City's plans, and Mr. Larry Wenger, Director of Planning, stated that they had not but that the plans were prepared in accordance with the requirements of the Platting Ordinance. He located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and utes Regular Council Meeting June 8, 1983 Page 8 stated that the applicant requested access from Brownlee but the Planning Commission and Planning Staff did not recommend that. He also explained that a citation had been issued to this property owner for nonconforming use. No one representing the applicant was present and no one spoke in regard to this application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Hawkins that the Council concur with the recommendation of the Planning Commission and deny the requested zoning but approve the special permit according to the Staff drawn plan; seconded by Council Member Zarsky and passed unanimously by those present and voting. City Secretary Read polled the Council for their vote on the ordinance granting the special permit and it passed as follows: 17. ORDINANCE NO. 17639: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT MALDONADO BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE STORAGE OF VEHICLES AND PROVIDING A STANDARD SCREENING FENCE ON LOT 1, BLOCK 5, MORRIS AND MITCHELL EXTENSION OF SOUTH END ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley and Kennedy, "absent". * * * * * * * * * * * * * * * 18. Application No. 583-4, Loeb & Company, Ltd., for a change of zoning from 11B-1" Neighborhood Business District to "B-4" General Business District on all of Washburn Village and Lot 7A, Unit 2, Washburn Meadows, located on the southwest corner of Weber Road and South Staples Street. Mr. Utter stated that in response to the notices of the public hearing, one in favor and none in opposition had been returned and that the Planning Commission and Planning Staff both recommend approval. No one spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Dumphy and passed unanimously by those present and voting. Utes Regular Council Meeting June 8, 1983 Page 9 A motion was made by Council Member Dunphy that the requested zoning of "B-4" be approved for Application No. 583-4 in accordance with the recommendation of the Planning Commission; seconded by Council Member Hawkins; and passed unanimously. City Secretary Read polled the Council for their votes and the following ordinance effecting the zoning change was passed: 18. ORDINANCE NO. 17640: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LOEB & COMPANY, LTD., BY CHANGING THE ZONINC MAP IN REFERENCE TO ALL OF WASHBURN VILLAGE AND LOT 7A, UNIT 2, WASHBURN MEADOWS, FROM "B-1" NEIGHBORHOOD BUSINESS 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, Dunphy, Hawkins and Kennedy voting, "Aye"; Turner, Gulley and Kennedy, "absent". * * * * * * * * * * * * * * 19. Application No. 583-6, AMI Riverside Hospital, for a change of zoning from "AB" Professional Office District to "B-4" General Business District on Riverside Hospital Tract, located on the south side of Farm Road 624, approximately 1,200' west of U. S. Highway 77. Assistant City Manager Utter stated that in response to the eight notices of the public hearing that had been mailed, one in favor and none in opposition had been returned. Fie informed the Council that both the Planning Commission and Planning Staff recommend denial but in lieu thereof, that a special permit be granted for the signs according to a site plan which had been submitted. He stated that the Staff and Planning Commission have approved the site plan. No one spo,:e in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Zarsky that the Council concur with the recommendation of the Planning Commission and that this zoning request be denied but in lieu thereof, that a special permit be granted for only the areas where the signs will be located in accordance with the site plan which had been submitted; seconded by Council Member Hawkins; and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: .rtes Regular Council Meeting June 8, 1983 Page 10 19. ORDINANCE NO. 176/41: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AMI RIVERSIDE HOSPITAL BY GRANTING A SPECIAL COUNCIL PERMIT TO ADD NEW SIGNAGE TO EXISTING HOSPITAL ON PORTIONS OF RIVERSIDE HOSPITAL TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins and Kennedy voting, "Aye"; Turner, Gulley and Kennedy, "absent". * * * * * * * * * * * * * * Mayor Jones called for the City Manager Report. Deputy City Manager Ernest Briones informed the Council that the Legislature considered a bill that would authorize cities to charge for health care services, and there was another bill which was passed which prohibited such charges. He suggested that the Council write a letter to the Governor recommending that he veto the bill that would prohibit such charges. Mayor Jones recognized Mr. Eddie Cavazos, Representative of the State Legislature and welcomed him to the meeting. A motion was made by Council Member Dumphy that such a letter be prepared to request that the Governor veto the bill prohibiting the charges, seconded by Council Member Hawkins and passed unanimously. Mayor Jones expressed appreciation to Deputy City Manager Briones for his efforts on behalf of the City of Corpus Christi in connection with various bills before the Legislature. * * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closing: 19a. Public hearing on a street closing of the unopened extension of Saratoga Boulevard east of existing Saratoga and Rodd Field Road intersection. Mr. Smith located the unopened street on a transparency and stated that the request was presented in conjunction with the platting of a new subdivision of Greenfields by the Bay. He explained that the Master Transportation Plan proposes that this section of Saratoga and a section west of this location not be developed; therefore, the Staff recommends that this right-of-way be closed since there are no plans to construct this portion of Saratoga. There were no comments from the audience. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. rtes kegular Council Meeting June 8, 1983 Page 11 A motion was made by Council Member Zarsky that this street closing request be approved, seconded by Council Member Dumphy and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones noted that he had informed the members of the audience earlier that the public hearing on the Ninth Year Community Development Block Grant Application would not be opened until 3:30 p.m. A motion was made by Council Member Hawkins that the Regular Council Meeting be recessed for five minutes, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 3:35 p.m. and announced the public hearing on the Ninth Year Community Development Block Grant Application. Mayor Jones explained that a number of hearings have been conducted on this subject and explained to the audience that since there are only four members of the City Council present, a vote will not be taken today. He explained the procedure to be followed by stating that the spokesman for particular groups will be allowed seven minutes and others will be allowed five minutes to speak. Mr. Utter provided a brief history of the Community Development Block Grant Program which consolidated several types of funds. He explained how meetings are conducted in neighborhoods to hear requests which are then considered by the Planning Commission. He explained that the Staff prepares a recommended application for the Council's consideration. Mr. Utter continued by stating that basically, there are three items to be considered today. (1) The public hearing concerns the Ninth Year Community Development Block Grant Program and the City of Corpus Christi will have $4,186,000 for this entitlement year. (2) The Council will be considering reprogramming of funds from previous years and income generated and the total amount of the closeouts is $1,006,793. (3) Congress, under the Jobs Bill, has set up a supplemental appropriation which is separate from the entitlement program and the total amount of this fund is $1 ,094,000. Mr. Utter continued by stating that once the City Council makes a final decision, the requests must be presented to HUD by August 1, 1983. He stated that the requests included in the supplemental appropriation must be in the HUD Office by July 1, 1983; therefore, there is a need to act very quickly on that portion of the request. He referred to the package presented to the Council and explained that it basically contains the following items: the Staff and Planning Commission recommendation on the Ninth Year funds and the reprogramming, together with the supplemental appropriation requests. He also informed the Council that notices of the public hearing have been in the Jtes Regular Council Meeting June 8, 1983 Page 11 A motion was made by Council Member Zarsky that this street closing request be approved, seconded by Council Member Dumphy and passed unanimously by those present and voting. * * * * * * * * * * * * * Mayor Jones noted that he had informed the members of the audience earlier that the public hearing on the Ninth Year Community Development Bieck Grant Application would not be opened until 3:30 p.m. A notion vias made by Council Member Hawkins that the Regular Council Meeting be recessed for five minutes, seconded by Council Member Dumphy and passed unanimously. * * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 3:35 p.m. and announced the public hearing on the Ninth Year Community Development Block Grant Application. Mayor Jones explained that a number of hearings have been conducted on this subject and explained to the audience that since there are only four members of the City Council present, a vote will not be taken today. He explained the procedure to be followed by stating that the spokesman for particular groups will be allowed seven minutes and others will be allowed five minutes to speak. Mr. Utter provided a brief history of the Community Development Flock Grant Program which consolidated several types of funds. He explained how meetings are conducted iri neighborhoods to hear requests which are then considered by the Planning Commission. He explained that the Staff prepares a recommended application for the Council's consideration. Mr. Utter continued by stating that basically, there are three items to be considered today. (1) The public hearing concerns the Ninth Year Community Development Block Grant Program and the City of Corpus Christi will have $4,186,000 for this entitlement year. (2) The Gourcil will be considering reprogramming of funds from previous years and income generated and the total amount of the closeouts is $1,600,793. (3) Congress, under the Jobs Bill, has set up a supplemental appropriation which is separate from the entitlement program and the total amount of this fund is $1,094,000. Mr. Utter continued by stating that once the City Council makes a final decision, the requests must be presented to HUD by August 1, 1983. He stated that the requests included in the supplemental appropriation must be in the HUD Gffice by July 1, 1983; therefore, there is a need to act very quickly on that portion of the request. He referred to the package presented to the Council and explained that it basically contains the following items: the Staff and Planning Commission recommendation on the Ninth Year funds and the reprogramming, together with the supplemental appropriation requests. He also informed the Council that notices of the public hearing have been in the ites Regular Council Meeting June 8, 1983 Page 12 Caller -Times prominently displayed and the costs for the publications was about $5,000. He informed the Council that the City has received many worthwhile requests and the decisions cn the funding were very difficult. Mayor Jones questioned Mr. Utter about the difference in the Staff and Planning Commission recommendations. Mr. Utter explained that one of the differences was that (1) the Staff had recommended $372,500 for the assessment fund loans whereas the Planning Commission recommended $272,000; (2) the Planning Commission eliminated the demolition program, but the Staff recommended $29,500 for this funding; and (3) in neighborhood facilities, the Planning Commission recommended $200,000 be allocated to the Greenwood -Molina Day Care Nursery and $200,000 to the Gulf Coast Council of La Raza Runaway Shelter whereas the Staff did not recommend funding for these two agencies. He explained that the problem that the Staff had with those items is that they felt that $200,000 should be retained in the Local Option and Contingency Fund in the event some of the other programs run over budget, but the Planning Commission recommended only $60,000 for this purpose. Mr. Utter also pointed out that the Staff has recommended more funds for park projects than they ever have in the past and the reason for this is that the City had many neighborhood requests for park improvements. Mr. Utter also pointed out that the Staff is requesting that all reprogramming furds be placed in a revolving loan program and they have suggested a pilot paint program by which paint will be provided for single -fancily owners and iri the case of handicapped or elderly, they will provide personnel to perform the painting. Mr. Utter further stated that the supplemental program covers a number of areas including Census Tracts 4 and 5 which have the lowest income in the City and the plans are to go in to clean up those areas. He explained other items included in the supplemental appropriation recommendations. (A copy .of the Community Development Block Grant Ninth Year recommendations and the Supplemental Appropriations Program are attached to the Minutes and considered to be a part of them hereof.) Mayor Jones asked Mr. Utter to summarize briefly the primary purpose of this program. Mr. Utter replied that the law specifies (1) elimination of slums and blight; (2) projects should be included to directly benefit the low to moderate income groups; (3) correct urgent needs; and (4) economic development. He emphasized the fact that the program should principally benefit the low to moderate income persons. Mayor Janes then called fcr comments from the audience. rtes Regular Council Meeting June 8, 1983 Page 13 Mr. Sam Allen, President of the Central Business District Association, stated that he is speaking for Census Tract 3 and stated that they do not concur with the Planning Commission or the Planning Staff recommendation. iHe reminded the Council that there is a pressing need for a downtown parking garage; in the Fifth Year Community Development Program, $400,000 was allocated for parking in the downtown area; the Seventh Year Program has an additional $500,000 for parking and/or economic development; but nothing has been done towards constructing the parking garage. He stated that it was ;his understanding that the Department of Housing and Urban Development would like for the funds to be spent as soon as possible, yet for four years, nothing has been done about the parking in the downtown area. He stated that the Central Business District had requested an additional $400,000 for parking garages and an additional $500,000 for landscaping Chaparral, but neither ,of these items was included in Tract 3 because the only things included are the overlooks and improvements to Artesian Park. He expressed the opinion that it is incumbent upon the Council to at least spend the amount previously allocated to purchase land and begin the plans for the parking garage. Council Member Hawkins stated that he did not see the need for ttlhis amount of money to be spent for a parking garage when there are so rainy other needs in the City. Mr. Allen pointed out that there are people of low and moderate income who shop downtown who cannot afford to pay the parking fees at commercial parking lots. Mayor Jones stated that he was sorry that the garage had not been constructed but indicated that he felt that there was a problem in the location of such a structure, and Mr. Allen stated that there are several locations that could be purchased or condemned for this purpose. Mr. Utter assured the Council that the Staff will present to them some time this summer a recommendation for a location for the parking funds. Mr. Alien stated that they had been told this many times by the Staff but no one from the Staff has even approached the Central Business District to discuss the matter with them. Mr. Hawkins suggested that these funds be reprogrammed, particularly, since the area is included in the tax increment financing zone and will benefit from that type of financing. Mrs. Lois Reeves, representing the Greenwood -Molina Day Care Nursery, introduced Mrs. Edna Jackson, the Director of that Facility. Mrs. Reeves stated that they concur with the recommendation of the Planning Commissckon that the nursery be awarded $200,000. She stated that there is a great need for a new building, equipment, etc. with the building to be constructed on the land that they already own. .tes Regular Council Meeting June 8, 1983 Page 14 Mr. Utter pointed out that the Staff does not recommend this particular project but the Planning Commission does. He also informed the Council that furnishings for the building would not be eligible costs through CDBG. He stated that the Staff felt that there were other items that had higher priorities and the snatching grant funds that the nursery expects to receive may not be available. He stated that it is very difficult to calculate the benefit of child care centers and pointed out that there are many child care centers that may request similar funding. Council Member Zarsky agreed that if funds are provided for this day care center, the Council would have difficulty in explaining this to other day care centers in the area. Mr. Joe Wharton, Chairman of the Northside Business Association, stated that their group includes Census Tracts 4 and 5 where the commercial roan program has been recommended. He explained that this is where Blacks established homes after they left Indianola many years ago and a lot of the structures are in pretty bad condition. He stated that the area has become very rundown and dilapidated and they reed some help to improve the area. He stated that they have requested $200,000 but they would really like to have $400,000, noting that they would like to have the rental rehabilitation increased. Speaking on behalf of the League of Women Voters was Ms. Mary Rhodes. She stated that they are very much in support of the allotments for park and recreation improvements and the beach improvements including parking facilities. She stated that the funding for park improvements would benefit the entire population and the improvements at Corpus Christi Beach would benefit the low and moderate income level citizens in particular. Mr. Utter noted that both the Planning Commission and Planning Staff recommend that $400,000 be allocated for parking for Corpus Christi Beach and park improvements. State Representative Eddie Cavazos stated that he is helping to promote an idea for a seafood cannery program to be located in Corpus Christi. He explained that several entities have offered their services including Texas A&M which has offered to provide research assistance; Parks & Wildlife Department has offered support; the Governor's Office has offered assistance; and stated that he is very much in favor of this program because it would employ a lot of people and bring a new industry into the area to be added to the tax rolls. Council Member Durrphy inquired if all of the local delegation to the State Legislature is in favor of this, and Mr. Cavazos replied in the affirmative. He explained that they planned to produce a product that can be sold nationwide and worldwide and this facility would increase activity for this area. Mayor Jones noted that the Staff recommendation is for $90,000 for this purpose, and Mr. Cavazos stated that they are very much in favor of this and pointed out that a private loan will also be obtained. ites Regular Council Meeting June 8, 1983 Page 15 Council Member Zarsky pointed out that a similar operation was attempted a few years ago but it was not approved by the Food and Drug Administration. Mr. Cavazos stated that Texas A&M will do the research on this andthe plant will sell both edible and inedible fish. Council Member Zarsky asked about the planned location stating that he had heard that it would be located in Flour Bluff. Mr. Cavazos stated that the engineer for the project, Mr. Bill Ogletree, would explain that. Mr. Bill Ogletree, Ogletree & Gunn Engineering Firm, stated that after they were =_elected as the engineering firm for the seafood industry project, they attempted to find out what should be done. He stated that they had requested $185,000 for planning expenditures that would have to be made before a specific project could be described and a program established. He stated that the funds they have requested are for that purpose and after the study has been completed all of the questions will be answered in regard to location, etc. Council Member Zarsky pointed out that possibly this project would be eligible for IRE financing, and Mr. Ogletree agreed, stating that this would be considered after the planning and study have been completed. Mr. Charles McCaieb, 123 Oleander Street, addressed the Council in regard to the seafood industry and stated that he felt that the meney recommended for allocation by the Planning Commission and Planning Staff is a viable use of CDBG funds but he felt that it should be privately funded. He expressed the opinion that this industry would devastate sport fishing and would create another bureaucracy. He also questioned whether it would be successful. Mr. Benny Benavides, 2421 Cleo Street, pointed out that some of the areas in need are not included on the CDBG funding list. He mentioned, in particular, the ,.area beyond Sam Rankin where there is a need for street improvements as well as the area off of Agnes Street. He also pointed out the need for a main artery for people to depart the City in case of a disaster such as a hurricane. The next speaker was Mrs. Gloria Perez, who referred to the proposal of the Spohn Hospital Area residents which had been submitted to the City Staff after the list was prepared. She stated that what they felt that a recreation facility was needed in their neighborhood for children. She stated that they could not afford to pay the day camp cost of $35 weekly which is sponsored by the YWCA at South Bluff United Methodist Church. She explained that they propose to have a facility in the same church with funds for scholarships for the children. She stated their total request is for $21,000. Mrs. Perez explained that the closest park is South Bluff and it is too far for small children to walk. rtes Regular Council Meeting June 8, 1983 Page 16 Mayor Jones inquired about the number of members in their organization, and Mrs. Perez explained that there are about thirty but the group is continuing to grow. She stated that they have become a unified organization as a result of the efforts they have made in regard to the assessments for street improvements in their area and they have become a close knit cooperative group. Reverend Tom Bryant of South Bluff Methodist Church agreed that their church would like to make facilities available for this neighborhood program and provide a recreation center for the children in the neighborhood. Council Member Zarsky inquired if there was any prohibition about the use of CDBG funds for this purpose and Mr. Utter replied that there was not. Mr. Jack Gordy, 5802 Everhart, representing the Corpus Christi Taxpayers Association, expressed opposition to paying tax funds. He pointed out that there are a number of items on this list that will actually benefit the low or moderate income but he objected to the funding for Meadowpark Park in the amount of $13,500. He pointed out that funding for this park has been provided several years and he also objected to the bayfront overlooks, noting that they will not benefit the low or moderate income. He stated that since the overlooks are included in the Reinvestment Zone #1, sufficient funding should be available through that source for such overlooks. He also stated that he was of the opinion that Corpus Christi Beach parking should be handled through the Reinvestment Zone and stated that he did not think that these projects would help the low to moderate income families. He urgently requested that the City contact people in authority who are opposed to the seafood processing plant because he felt that it would harm sport fishing. He urged that other priorities be established in allocating funds through this source. He concluded his remarks by requesting that the City contact the following people about the seafood industries: (1) Mr. Gene McIntyre, 939-7784, who is employed at the fish hatchery; and (2) Mr. Frank Dickerson, 854-4303 of Parks & Wildlife Department. Council Member Zarsky inquired if this application did not have to be submitted to the Federal Government for approval, and Mr. Utter assured him that it did. He also stated that the City must publish the final statement in the newspaper and it has to be submitted to HUD for approval. Council Member Dunphy inquired about the number of times the City has been informed that they spent money for things for which the funds should not be allocated. Mr. Utter replied that they had a question about the Boys Club renovation several years ago, HUD questioned the Headstart portable building and recently the assessment program but no audit finding has ever been made and that was about the only question that had been raised in regard to the City recommendations. jtes kegular Council Meeting June 8, 1983 Page 17 Dr. Maria Luisa Garza, Executive Director of La Raza, explained that this is a social service organization. She stated that they have made a study of things needed in this community and had arrived at the decision that the greatest need is for a shelter for runaway children since nothing similar to this exists in the City. She informed the Council that there is no shelter south of San Antonio and approximately 1,000 children run away from their homes every year. She stated that they are requesting $200,000 for renovation of a shelter. She displayed a plan for a center to house twenty people, ten young women and ten young men. She explained that the maximum stay will be thirty days; counselors will be available to work with the children; they will have classes and recreation; they will be supervised; and ar effort will be made to reconcile the runaways with their families. She noted that such a shelter would alleviate the pair and suffering of the young people and their families. She also pointed out on the plan that they wish to include a store area where the young people can be trained in cashiering and sales work. She urged that the Council consider the request because it is within the guidelines of CDBG funds. Council Member Zarsky stated that he understood that there might be a religious order in Ca!alien that is performing this type of service. Dr. Garza agreed that there is an agency that is doing some work in the area but they are not set up to perform the service that La Raza plans because they will be able to handle twenty young people at a time. She stated that they will have a paid director and they hoped to find a building that can be renovated. She explained that they have discovered that there are federal funds available for the operation after the structure is in existence, but until this occurs, the funds are not available. She emphasized the fact that this is a one time only request. Mr. George Finley, President of the Board of Directors of the Coastal Bend Alcoholics Rehabilitation Center, Inc., informed the Council that they are requesting the continued funding for their detoxification center. He explained that they are providing a facility as an alternate to City jails and the streets. He explained their facility and its successful operation and asked that their funding be incr:.ased from money for six beds to enough for sixteen beds. He stated that on an annual basis, this would amount to $97,920 and last year, their organization was awarded $40,000. He explained the source of their other funds noting that they have received a grant from a large organization and from the State of Texas. Council Member Zarsky expressed support of the program and Mr. Utter explained that Mr. Kelly Elizondo, Director of Housing and Community Develcpment, has discovered that there are a small amount of additional funds available that possibly could be used for this purpose. Mr. Briones stated that he was aware of the excessive costs for alcoholics from personal knowledge and he felt that this was a very worthy project. Utes kegular Council Meeting June 8, 1983 Page 18 Mrs. Lonna Shirley, 3336 Flour Bluff Drive, speaking on behalf of the Flour Bluff Civic League, stated that they had originally requested $1,000,000 to widen Waldron Road, and the Planning Commission recommended that a study be undertaker,. She expressed appreciation for the funds previously allocated for their area, even though they were small, but indicated that since Waldron Road is the main artery to Flour Bluff, it should be widened and improved. Mr. Utter explained that the biggest problem for Waldron Road is the drainage and the Staff feels that the study at approximately $50,000 would assist the Staff in determining the costs of the street improvements. He explained that it is possible that this street could be included in the next five year bond program as well as 1984 CCEG funds. He mentioned that sidewalks are planned and he recommended that they be installed anyway. Also speaking in favor of this request was Mrs. Marie Spear, speaking on behalf of the Four Bluff Business Association. Mayor Jones informed the audience that the CCBG fund application will be on the agenda for action next week or the following week. Mr. Utter pointed out that this is just not the Ninth Year funds but also includes the supplemental program and the reprogramming of funds. Mayor Jones referred to the request for the funds for the Greenwood -Molina Day Care Nursery and the Gulf Coast Council of La Raza Runaway Shelter. He expressed the opinion that these are worthy projects but he questioned whether or not the nursery deserved as much as $200,000. Council Member Zarsky stated that he also has a problem making funds available to one nursery when there are so many that are equally deserving. He stated that he felt that the runaway shelter is a viable request because there is no similar service available in this community. Council Member Dumphy expressed the opinion that police, fire, water and other basic services are the most important thing and are more necessary than the nursery and the shelter for runaways. He expressed the opinion that possibly, cities should not become involved in this type of program. Further discussion followed and Mr. Utter informed the Council that fifteen census tracts out of a total of thirty-seven are eligible for CDBG funding. Mr. Elizordo pointed out that there are also a few others that are eligible such as San Juan, San Carlos and Flour Bluff. Council Member Zarsky referred to the signalization project under street improvements and inquired if this is just for census tracts that are eligible, and Mr. Utter agreed that certain areas of the City do receive more benefits if they are eligible for CDBG funds. .rtes Regular Council Meeting June 8, 1983 Page 19 Council Member Hawkins referred to the park improvement requests and asked about funds for restroom facilities for Hillcrest Park. He noted that there are funds for other parks but not for this park. Mr. Utter explained that the reason the permanent restroom facilities are not included in this year's funding is because the Staff wanted to try the portable restrooms first to see how they work out, and if they are not satisfactory, then the City will have to go to the permanent type. He pointed out that in Hillcrest Park, particularly late at night, permanent restroom facilities would provide hiding places and create a facility for vandalism whereas the portable restroorns are leased and are replaced if they are damaged. Mr. Utter summarized by assuring the City Council that they are free to fund anything they wish -- they can select the Planning Commissi;cn"s recommendation or the Staff's recommendation or select completely different projects. He sucgested, however, that additional presentations not be allowed, and the Council concurred. Mayor Jones suggested that the Council study the lists provided and make suggestions next week. Mr. Utter pointed out to the Council that there is a need to submit the supplemental appropriation to HUD by July 1st and that portion should be approved on June 15th. He stated that the Ninth Year could be approved as late as June 22nd. Mayer Jones expressed appreciation to Mr. Kelly Elizondo for preparing the Community Development recommendations. Mr. Elizondo, in turn, introduced other members of his Staff who had worked on the project. * * * * * * * * * * * * * * Mayor Jonas called for Petitions or Information from the Audience on Matters not Scheduled on the Agenda. Mrs. Catalina Martinez, 1309 Sixth Street, speaking on behalf of the Spohn Hospital Area Street Improvement Residents, protested the widening of Elizabeth Street to a four -lane street. She explained that this would have the effect of cutting their neighborhood into small pockets vrhich would be the beginning of destroying the neighborhood concept. She expressed the opinion that the widening of this street from Staples to Ocean Drive for just a few blocks is a waste of money. She also questioned the traffic count that had been presented because she stated that it is a very quiet street now. She pointed out that Morgan Street is a better entrance to Spohn Hospital than Elizabeth Street and particularly questioned the expenditure of CDBG funds for widening streets to serve the wealthy people in condominiums and visitors to Spohn Hospital when there are needy people all over the City for which the funds could better be spent. She urged that Morgan Street be the arterial street rather than Elizabeth. She also objected to the assessments to be levied against the rtes Regular Council Meeting June 8, 1983 Page 20 residents of Elizabeth Street when the street was being widened not for their benefit of those property owners but for the benefit of other citizens in the City. Mr. Utter explained that widening Elizabeth Street is just the second phase of the Spohn Hospital Area Street Improvements and disagreed with Mins. Martinez by stating that Elizabeth Street is very heavily travelled and is; a major thoroughfare but it is very, very narrow. He also reminded the Council that according to the agreement with the Glasscock fill developers, Elizabeth Street must remain open. He stated that he would provide an accurate report on the traffic count. Council Member Zarsky inquired if the Elizabeth Street project Es a voluntary paving project, and Mr. Utter replied that it was not. Mr. Zarsky then expressed the opinion that residents should not be assessed for the improvements since it is obvious the street is being improved and widened for the use of all citizens who visit Spohr Hospital. Mrs. Gloria Perez stated that she lives on Seventh Street; it is being widened; it is residential and there is no reason for a wider street because the narrow street is safer for the children. She expressed the opinion that thiis is probably being done for future businesses since most of the zoning is commercial. There being no further business to come before the Council, on motion by Council Member Dumphy, seconded by Council Member Zarsky, and passed unanimously, the Regular Council Meeting was adjourned at 7:00 p.m., Jurve 8, 1983. DZ/rr