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HomeMy WebLinkAboutMinutes City Council - 04/23/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 23, 1985 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward A. Martin Assistant City Attorney Jay Doegey City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Leo Guerrero, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Jack Best. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Frank Mendez that the Minutes of the Regular Council Meeting of April 16, 1985 be approved; seconded by Mayor Pro Tem Best; and passed unanimously. * * * * * * * * * Mayor Jones announced the bid opening on the following engineering project: Sunnybrook Drainage Improvements - This 1982 Bond project provides for the installation of underground storm sewer in Sunnybrook Drive between Ayers Street and Kostoryz Road and also provides for the filling of several thousand feet of roadside ditches in Sunnybrook Drive. MICROFii ton Minutes Regular Council Meeting April 23, 1985 Page 2 Council Member Mary Pat Slavik inquired if the improvements to be made will eliminate the flooding at a nursing home in the area. Assistant City Manager James K. Lontos explained that this is a neighborhood type of program which will improve the drainage in the area of Ayers and Kostoryz and if the nursing home is in that area, their problem should be eliminated. Mr. Lontos then opened bids on this project from the following firms: Backhoe Lease Service, Inc.; Richard L. Brown and Stanley Brown, Contractors; Cactus Utility Company; Claude Chapman Construction Co., Inc.; F & E Erection Co., Inc.; Heldenfels Brothers, Inc.; W. T. Young Construction Co., Inc.; and J. M. Davidson, Inc. City Manager Martin explained that there is no requirement that bids be opened before the City Council, but past Councils have indicated on large projects of $50,000 or over that they would like to have them opened during the Council Meetings. Council Member Linda Strong arrived at the meeting at 2:11 p.m. during the foregoing bid opening. Mr. Lontos then explained the plans for the drainage improvements and stated that the drainage pipe will be installed underground and the size will graduate from 18 inches up to 36 inches. He stated that the major outfall is sized to handle a five-year time of rain. Council Member Mendez questioned whether the size of the pipe would be adequate to really improve the drainage. He urged that the pipe be large enough to take care of future needs. Mr. Lontos explained that the existing line is 42 inches and this line will tie into it. Mayor Jones expressed appreciation to the 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. * * * * * * * * * Mayor Jones called for Confirmation of Action from the Council from the Workshop Session on resolutions to approve the appointments of Municipal Court Judges and Municipal Court Clerk. City Secretary Chapa polled the Council for their votes and the following resolutions were passed: rtes pular Council Meeting April 23, 1985 Page 3 RESOLUTION NO. 18803: APPOINTING JACK HUNTER PRESIDING JUDGE TEXAS, AND BILL MONKRES, JOSE GARZA, DECLARING AN EMERGENCY. OF THE MUNICIPAL COURT IN CORPUS CHRISTI, PAULA WADDLE MUNICIPAL COURT JUDGES; AND The Charter Rule was suspended and the Jones, Best, Guerrero, McComb, Mendez, Berlanga, "Nay". RESOLUTION NO. 18804: resolution passed by the following vote: Pruet, Slavik and Strong voting, "Aye"; APPOINTING ANITA GARZA MUNICIPAL COURT CLERK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones then called for consideration of the following motion: Motion approving the proposed plan of the State Department of Highways and Public Transportation for expressway improvements through Flour Bluff including the new off -ramp west of Waldron Road westbound and a new overpass from NAS Drive to South Padre Island Drive westbound, with an amendment to provide for an off -ramp rather than an on-ramp for eastbound travel west of Waldron Road. A motion was made by Council Member Mendez that the foregoing motion be confirmed, seconded by Council Member Strong and passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero voting, "No". Mayor Jones then called for consideration of a resolution confirming the appointment of Mr. Marvin Koehl to the position of Director of Data Processing which was posted as an emergency item. City Secretary Chapa polled the Council for their votes and the following resolution was passed: RESOLUTION NO. 18805: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 3, OF MARVIN KOEHL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Minutes Regular Council Meeting April 23, 1985 Page 4 Mayor Jones then administered the oath to Mr. Douglas Williams, a new appointee to the Private Industry Council. * * * * * * * * * Mayor Jones called for consideration of the following Consent Motions. 1. Approval of specifications and authorization to receive bids May 15, 1985, for 1000 gallons of cythion insecticide (91% malathion) to be used by Vector Control in the control of mosquitoes. Estimated expenditure is $16,300. (Attachment #3) 2. Approval of specifications and authorization to receive bids May 15, 1985, for design and construction of a work platform using a City—owned 12' x 21' barge for the Marina Division. Estimated expenditure is $6,000. 3. Approval of specifications and authorization to receive bids May 15, 1985, for at least twelve electric golf carts for the Gabe Lozano, Sr. Golf Center. Bidders will be asked to protect the bid price for any additional units which may be required during the next twelve months. Estimated expenditure is $30,000. City Manager Martin informed the Council that Item No. 3 should reflect ten electric golf carts rather than twelve. Council Member Berlanga referred to Item 3 and stated that he still received a number of complaints about the condition of the greens at the Gabe Lozano, Sr. Golf Center. He inquired if the expert to be employed would be responsible for the care of the greens. He also stated that he had received a call from a gentleman who was experienced in upkeep of golf courses and volunteered to assist the City to improve the greens at no cost. City Manager Martin assured Mr. Berlanga that the City will be glad to accept his offer. 4. An agreement with Regency Investment Company, developer of Chaparosa Park Unit 2, be approved. This agreement, which is a result of an appeal made to the City Council on March 12, 1985, provides for: (a) The developer paying a lot/acreage fee of $43,513.60 into the Sanitary Sewer Trust Fund. (b) The City agreeing to reimburse the developer this amount within 10 years, if any governmental entity other than the City provides sanitary sewer collection lines to this subdivision. utes .cgular Council Meeting April 23, 1985 Page 5 (c) Interest would not be paid on deposited funds and reimbursement would be subject to the availability of monies in the trust fund. This proposed subdivision is located 3 miles south of F.M. 624 and west of Highway 77. 5. A change order for $12,600 be approved with SECOM for the Airport parking revenue control equipment. The change order provides for the deletion of the treadle pads since they are unnecessary due to the fact that the present loop system is effective. The change order also provides for installation of telephone cable by SECOM rather than Southwestern Bell Telephone Company, and in addition, equipment is provided for the additional third booth. The net cost of the change is $12,600 to be funded from Airport Reserve. 6. Amending, prior to second reading, Article 36, Section 36-11 of the Code of Ordinances, Curfew: Alcoholic Beverages to extend the prohibition of alcoholic beverages between 10:00 p.m. and 7:00 a.m. in neighborhood parks. The amendment has been approved by the Park and Recreation Board. 7. Plans and specifications be approved for Purdue Road Street Improvements, Phase II, and bids be received on May 22, 1985. This 1982 Street Bond project proposes the reconstruction of Purdue Road from Waldron Road to Flour Bluff Drive and includes an additional 800 foot section of Purdue Road east of Waldron Road. Council Member McComb referred to Item 5 and stated that he was surprised that although the Council had authorized the construction of a third booth, it is not yet operational. City Manager Martin explained that the Council had authorized the concept of the booth but this is just to authorize the actual construction as a part of another project. Council Member Berlanga referred to Item 6 and informed the Council that he had attended a neighborhood park dedication. He stated that the people present were very concerned about the consumption of alcoholic beverages and they would like to have the consumption totally prohibited in neighborhood parks. City Manager Martin reminded the Council that this ordinance was passed on first reading last week; the Council asked that the curfew time prohibiting alcoholic beverage consumption be lowered to 10:00 p.m. until 7:00 a.m. in neighborhood parks; and this amendment is to carry out those instructions. Mr. Utter explained that there are only a few parks that would not be considered neighborhood parks and would not be under the regulations listed in this amendment to the ordinance. Minutes Regular Council Meeting April 23, 1985 Page 6 Council Member Mendez inquired if signs would be posted in the parks indicating that there is a curfew to prohibit consumption of alcoholic beverages between the hours of 10:00 p.m. and 7:00 a.m., and City Manager Martin explained that the signs would be very unattractive but the ordinance would be enforced. Mayor Jones called for comments from the audience on Items 1 through 7. No one spoke. A motion was made by Council Member Guerrero that Consent Motions, Items 1 through 7, be approved; seconded by Council Member Slavik; and passed unanimously. * * * * * * * * Mayor Jones called for consideration of Consent Ordinances and Ordinances from Previous Meetings on Items 8 through 15. City Manager Martin referred to an emergency posting that had been made the preceding day to add Ordinance No. 8a which is the ordinance determining the necessity for the improvements to Purdue Road Street Improvements, Phase II Project. City Manager Martin pointed out that Ordinance No. 11 pertaining to the improvements at the Westside Wastewater Treatment Plant had been withdrawn. Council Member Guerrero referred to Ordinance No. 10 which annuls the award of a contract to The Lerma Company on the Los Encinos Park Improvements project and inquired if The Lerma Company was unable to obtain bonds. Mr. Gerald Smith, P.E., City Engineer, explained that Mr. Lerma has informed him repeatedly that the bonds will be forthcoming but the contract was awarded on March 5 and the Staff feels that since so much time has elapsed, the City should go ahead and award the bid to the second low bidder. Council Member Guerrero indicated his concurrence with the ordinance because the improvements to the park are needed and should be started as soon as possible. Mayor Jones called for comments from the audience on the ordinances and there was no response. City Secretary Chapa polled the Council for their votes and the following ordinances were passed: utes pular Council Meeting April 23, 1985 Page 7 8. ORDINANCE NO. 18797: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Purdue Road 1. Purdue 2. Purdue Road, from Flour Bluff Drive to Waldron Road, and Road, from Waldron Road easterly 840 linear feet, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 8a. ORDINANCE NO. 18798: APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Purdue Road 1. Purdue Road, from Flour Bluff Drive to Waldron Road, and 2. Purdue Road, from Waldron Road easterly 840 linear feet. DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR MAY 28, 1985, DURING THE REGULAR COUNCIL MEETING WHICH CONVENES AT 2:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 9. ORDINANCE NO. 18799: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 70 FOR THE NAVY CLEAR ZONES - CABANISS FIELD PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, CARDCO, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Minutes Regular Council Meeting April 23, 1985 Page 8 10. ORDINANCE NO. 18800: ANNULLING THE AWARD AND ACCEPTING THE FORFEITURE OF THE BID SECURITY OF THE LERMA COMPANY DUE TO FAILURE TO PROVIDE PERFORMANCE AND PAYMENT BONDS ON THE LOS ENCINOS PARK IMPROVEMENTS AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE SECOND LOW BIDDER, FRATON, INC., FOR IMPROVEMENTS TO LOS ENCINOS PARK; APPROPRIATING $3,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 11. (This ordinance was withdrawn) 12. ORDINANCE NO. 18801: CLOSING AND ABANDONING THE NORTHERLY 5 FEET OF THE 10 FOOT UTILITY EASEMENT IN LOT 15, BLOCK 9, BRECKENRIDGE UNIT 5, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 13. SECOND READING: AMENDING ARTICLE 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES, SECTION 36-11, CURFEW; ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 14. SECOND READING: AMENDING CHAPTER 23, SECTION 23-18, HEALTH CLINIC VISIT FEE, ARTICLE I, TO INCREASE HEALTH CLINIC VISITS FROM $2.00 TO $5.00; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 15. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. utes pular Council Meeting April 23, 1985 Page 9 The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones called for consideration of Actions by Motion from the Regular Agenda on the following item: 16. Authorizing an additional $25,000 to the Chamber Homeport Task Force to assist in defraying expenses for the Homeport project. The City had previously provided $25,000 and it is recommended that these funds be allocated from the General Fund Reserve. Mayor Jones provided information in regard to the status of the Senate and House Bills pertaining to the Homeport. He then called for comments from Mr. Loyd Neal who is Chairman of the Chamber Homeport Task Force. Mr. Loyd Neal expressed appreciation for being there. He then distributed to the Council copies of the budget of the Task Force. He briefly explained the use of the money that had been provided by this City and other entities for use by the Task Force and expressed appreciation for the assistance of the City, Nueces County, Port of Corpus Christi Authority and particularly, contributions made by the private sector in South Texas. He stated that the overwhelming passage of the $25 million bond election should be very impressive and increase Corpus Christi's chances of being named for the Homeporting. Mr. Neal continued by stating that the Task Force has a deficit of $63,139.93 and explained that the additional expense was incurred because of questions asked by the U. S. Navy which the Task Force had to respond to. He stated that they are present today to request an additional $25,000 from the City and the remainder of the deficit will be obtained from private businesses. He expressed the opinion that the nearly $200,000 has been well spent in this effort and pointed out the cooperation that had been the result of this effort between various cities and governmental entities. Council Member Slavik complimented Mr. Neal and the others on the Committee for the outstanding job they had performed and inquired if the consultant's report could not be used for other purposes. Mr. Neal agreed that they could be used to attract industries to this area and he explained that the databank with the information can be updated. He assured the Council that the Chamber of Commerce has all of the information and it will be available to the City, County or anyone else who might need it. A motion was made by Council Member Guerrero to approve Item 16, seconded by Council Member McComb and passed unanimously. Minutes Regular Council Meeting April 23, 1985 Page 10 17. Ibanez Construction Company be determined to be in default on a contract to construct golf cart paths at Gabe Lozano, Sr. Golf Center and a contract to complete the work be awarded to M & M Construction Company in the amount of $15,250.00. The Ibanez firm was awarded this $37,285.82 contract in August, 1984 and was allotted 20 working days to complete the work. The M & M firm, a subcontractor on the project, can complete the work with remaining funds from the original contract award. City Manager Martin explained to the Coundil•that in August of 1984, which was approximately 250 days ago, the City awarded a 20 -day contract to Ibanez Construction Company. He pointed out that the golf cart paths are still not completed and the Staff is requesting that the contract be declared in default and that the contract be completed by M & M Construction Company. Council Member Slavik inquired about the amount that the City will receive from the Ibanez Construction Company bond, and City Manager Martin stated that it would just be for the amount of the contract. - Mayor Jones called for comments from the audience on this item. No one spoke. A motion was made by Council Member Mendez that Item 17 be approved, seconded by Council Member Strong and passed unanimously. * * * * * * * * * * Mayor Jones called for Action by Ordinance from the Regular Agenda on Item 18 which involves an amendment to the Platting Ordinance pertaining to park dedication. City Manager Martin explained to the Council that the Texas Supreme Court recently reversed a lower Court's decision and upheld the City of College Station's mandatory park dedication ordinance. He stated that the Staff is recommending amending the Platting Ordinance so that the language will be consistent with that set forth by the State law. He explained the various amendments that are proposed in this ordinance. Council Member Mendez expressed concern in that the City already has a lot of raw land that has been dedicated as a part of 'subdivisions and the City does not have the money to develop these parks. He suggested that the City consider the possibility of dedication of money for improvements rather than so much land for neighborhood parks. He stated that he thought that this had been done in other cities. Mayor Jones noted that another possibility would be the dedication of parks in adjacent subdivisions in one area in order to provide a larger park. lutes gular Council Meeting April 23, 1985 Page 11 City Manager Martin pointed out that the City's Platting Ordinance requires the dedication of park land in any subdivision containing twenty or more acres. He stated that he was of the opinion, however, that park dedication should be based on density rather than acreage and most of the Staff is in agreement that this should be changed in the Platting Ordinance. He stated that he hoped to have revisions to the Platting Ordinance in regard to this before the Council within six months. Council Member Strong stated that she had been informed recently that a Council of Neighborhood Associations had been formed. She suggested that at the time the City is considering changing the park dedication requirement, that this group be contacted for their input into this matter. Mayor Jones called for comments from the audience on this ordinance, and there was no response. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 18. ORDINANCE NO. 18802: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION IV, DESIGN STANDARDS, SUBSECTION G, PARKS AND PLAYGROUNDS AND ADDING A NEW PARAGRAPH H TO SECTION II, DEFINITIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones announced the hearing on the following matter: 19. Considering an application of the So Ojo Club, 1713 Tenth Street, for a variance to the regulation prohibiting location of a place of business for the dispensing and sale for on -premises consumption of alcoholic beverages within 300 feet of a church. Mayor Jones explained the procedures to be followed and called for the Staff introduction. Assistant City Attorney Gary N. Patterson provided the Council with the following information. He stated that the So Ojo Club which is owned by Mrs. Maria E. Flores Mejares had been relocated in January, 1985, to 1713 10th Street. He explained that after the bar was opened for the sale of on -premise consumption of alcoholic beverages, it was discovered that there was only 118 feet between the door to the club and the Metropolitan Community Church which is located at 1705 10th Street. Mr. Patterson explained that according to Section Minutes Regular Council Meeting April 23, 1985 Page 12 4-5 of the City Code of Ordinances, a place of business providing for on -premise consumption of alcoholic beverages must be at least 300 feet from a church. He stated that the same section also provides that the City Council may grant a variance to this regulation "if the Council determines that enforcement ... in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant... does not serve its intended purpose, is not effective or necessary or for any other reason, after consideration of the health, safety and welfare of the public and the equities of the situation, determines it is in the best interest of the community". Mr. Patterson continued by pointing out that the City Council needs to consider the equities of the situation. He stated that in this particular case, however, it was discovered that this particular church did not have a Certificate of Occupancy to operate at that location. He stated that a Certificate of Occupancy is a document issued by the Building Division. Council Member Guerrero inquired if the church mentioned has a Certificate of Occupancy, and Mr. Patterson replied that the church did not but they are in the process of apply for a certificate. He pointed out that the So Ojo Club does not yet have its Certificate of Occupancy either but it was his understanding that all of the required inspections have been made and it has been approved with the exception of compliance with the zoning requirements for off-street parking. He explained that the Certificate of Occupancy can be issued if the parking requirements are met. Council Member Guerrero inquired about the requirements for the church to obtain a Certificate of Occupancy, and Mr. Patterson stated that they, too, will have to meet all of the requirements, and basically, there are no on -premise off-street parking in either of these establishments. He stated that it would be possible for both establishments to meet those requirements by obtaining permission to use other businesses' off-street parking spaces. Council Member Guerrero stated that it was his understanding that the building occupied by the church is actually for sale and inquired as to how that would affect the requirements of the So Ojo Club. Mr. Patterson replied that the variance which they have applied for is only necessary if the Club is in violation of the 300 -foot prohibition. Mayor Jones then invited the applicant or her representative to speak. Mr. William Bonilla, Attorney representing Mrs. Mejares, first addressed the Certificate of Occupancy and stated that Mrs. Mejares could not open the Club without a temporary Certificate of Occupancy from the City and she obtained this on January 28, 1985. He stated that she is now in the process of applying for a permanent Certificate of Occupancy and as of April 23, 1985, most of the inspectors have inspected the premises and marked it "permanent permit". He stated that at no time during the process of the inspections did anyone from the City advise his client that there was a church in the vicinity. utes pular Council Meeting April 23, 1985 Page 13 Mr. Bonilla then referred to a drawing of the area and noted that it is necessary to have one parking space for every 200 square feet of building. He informed the Council that he has statements from owners of adjacent businesses with pictures indicating that his client will be allowed to use their parking spaces. Mr. Bonilla then referred to Section 4-5 of the City Code of Ordinances and pointed out that Subsection F allows for a variance to the 300 -foot requirement. He explained that his client has a two-year lease on this building and the matter of "equity" referred to in Subsection f should be considered. He assured the Council that there was no fraud or deception involved in this matter and his client had obtained her permit without the knowledge that a church was in the area. He stated that he would like to emphasize the following points: (1) Mrs. Mejares has a two-year lease and if she does not operate the Club, she loses her lease and she would lose her business and also be subject to a lawsuit for not continuing with the lease. He pointed out that jobs would be lost also and informed the Council that a similar type Club called the Carousel used to be located in the same building. (2) There was no indication that there was a church located in the vicinity and the zoning of the is "B-5" which is adequate for the operation of a night club. (3) The issue of best use of the property. He stated that the property is one block off South Staples Street; it is in the area of Six Points; and this is good use of the property. He stated that if this variance is not granted, the question is what use could be made of the property. He reminded the Council that in the past, the building was used for on -premise consumption of alcoholic beverages. (4) What is in the best interest of the City? He pointed out that it is certainly a good location for a lounge; there is space for dancing; they have a bar; and only beer and wine are sold rather than other types of liquor. Mr. Bonilla then urged that the Council grant the variance as requested. Mayor Jones then called for the presentation by the opposition. Reverend Phil Slusser, Pastor of Metropolitan Community Church, informed the Council that this is a universal church. He stated that he had moved to Corpus Christi with the idea that he could contribute to the City and to a group of people who have an alternative life style. He explained that this church is a special outreach for the Gay community and the church has grown from a membership of eight to ninety-one. He informed the Council that the church conducts three religious services each week, provides a meeting place for other activities for the group, and serves as support for Alcoholics Anonymous for people who are troubled, or have been insolated by their families. He explained that the church had moved from the Unitarian Church in April of 1984 and informed the Council that on the front of the building is a 6 -foot cross and the Alpha and Omega sign which clearly indicates that it is a religious organization. He stated that there is a sign on the side of the building listing the services and activities of the church and those items have been on the building since April of 1984. Minutes Regular Council Meeting April 23, 1985 Page 14 Reverend Slusser continued by stating that the church is now ready to receive their Certificate of Occupancy. He pointed out that the building is very attractive and stated that they have planted shrubbery but it has been torn down by people who go to the So Ojo Club. He stated that patrons of the Club have also inflicted damage and verbal abuse on the members of his church. He stated that he has been very effective in working with the police and with the hospital staff for different people and assured the Council that this is a viable church and one which is needed. He stated that there is an air conditioning company located in the vicinity and that company has assured him that they will allow the members of his church to use ten parking spaces which will be adequate for them to obtain a Certificate of Occupancy in compliance with the Zoning Ordinance. He expressed opposition to granting the variance to the So Ojo Club. Council Member Berlanga inquired as to which establishment was located there first, and Reverend Slusser assured him that the church was located there first. He stated that although they did not have a Certificate of Occupancy, they had passed their fire regulations but they are now in the process of obtaining a Certificate of Occupancy. He explained that he did not know they even needed a Certificate of Occupancy until this matter came up. Council Member Berlanga inquired if they obtained their Certificate of Occupancy, the church could meet the parking requirements according to the zoning, and Reverend Slusser stated that they need one parking space for each five pews and they can meet that requirement. Council Member Slavik inquired of Reverend Slusser if he was aware that the So Ojo building had previously been used as a lounge, and Reverend Slusser explained that the building was empty when he established his church and the building was for sale at that time. Council Member McComb questioned the symbols referred to on the outside of the building, and Reverend Slusser explained that there is a cross, a sign noting that it is the MCC of CC and there is a large sign listing the times of the services. Council Member Guerrero inquired of Mr. Patterson how the City identifies a church and Mr. Patterson replied that the City has no problem that this is legally defined as a church. Council Member Guerrero stated that he has difficulty identifying this as a church because it is an alternate life style of worship. Reverend Slusser interjected that the alternate life style is not being worshipped, Jesus Christ is being worshipped. utes ,ular Council Meeting April 23, 1985 Page 15 Mayor Jones called for public comment. Mrs. Jane Wilson, 113 Lakeshore Drive, informed the Council that she is the owner of the building in which the lounge is located. She provided background information on the use of the building by stating that it was used as a bowling alley until 1955, at which time it was leased for use as a night club by a Mr. Harris; it has been used as a night club for many years; but it was temporarily closed for a few months. Mrs. Wilson reminded the Council that Mrs. Mejares has invested a great deal of money in this operation in an attempt to satisfy the rules and regulations of the City and if the variance as requested is denied, a financial burden will be inflicted upon the operator of the lounge. Mr. Bob Dillard stated that he is the real estate broker with whom this building was listed. He stated that it was listed for sale or lease as a night club and it has been a night club since 1970. He informed the Council that he had received no inquiries from the church during the time he had the property listed. Council Member Berlanga inquired if the building was operated as a night club at the time the church leased their building, and Mr. Dillard stated that he did not know. Council Member Slavik inquired if the zoning was "B-5" for both pieces of property and if that zoning could not handle both types of operation. Mr. Patterson assured the Council that there is no problem with the zoning district because both activities are proper in both locations, but the night club is in violation of Section 4-5 of the City Code but the Council can grant a variance for the Club to remain there and continue to operate. Mr. Patterson also pointed out that the City's investigation shows that the church did open at that location at the time the other building in question was vacant and a club was not operating there at that time. Mrs. Wilson commented that the lease with the former operator of the Carousel had not expired at the time the church located there and payments were still being made by the wife of the former operator. Council Member McComb recalled that one of the statements made was that the church building is for sale, and Mr. Dillard explained that the building is listed for sale at $195,000 and it would be very difficult to sell it at that price. Mr. McComb continued and inquired if it was possible to grant temporary variance since the church only has a two-year lease. Mr. Patterson stated that the Code of Ordinances does not limit the time that a variance could be granted, but in his opinion, if the Council desired, they could grant a temporary variance. Minutes Regular Council Meeting April 23, 1985 Page 16 Council Member McComb stated that technically, the church was located there first but the night club was not in proper compliance with the City's Code and he felt that a temporary variance would provide a compromise solution and he would be in favor of that. Council Member Mendez referred to the 300 -foot prohibition and inquired if this refers to on -premise and off -premise consumption of alcoholic beverages. Mr. Patterson stated that that the State statutes allow for cities to adopt an ordinance that would prohibit location of an establishment for on -or off -premise consumption of alcoholic beverages within 300 feet of a church, school, etc., but the City's local ordinance only includes the prohibition for on -premise consumption. Council Member Mendez pointed out that a liquor store is located in that neighborhood as well. Mr. Patterson assured the Council that the City's ordinance does not prohibit the sale of alcoholic beverages for off -premise consumption within the 300 -foot ruling. Council Member Berlanga expressed the opinion that the building has been operating as a night club for many years, and even though it was temporarily closed at the time the church was first established, it was a building that was designed for a bar or a lounge. Council Member Guerrero stated that a restaurant is directly across Ayers Street that sells alcoholic beverages, and Mr. Patterson stated that Section 4-5 does have an exclusion for establishments that receive 33-1/3% of their income from the sale of food. Mr. Bonilla then passed photographs to the Council and pointed out that they had been taken of the church that day and there is no cross on the building. He summarized his presentation by stating that the temporary Certificate of Occupancy was issued and his client was permitted to conduct business. He stated that his concern is based on Section 4-5 which authorizes the granting of a variance. He pointed out that if the variance is not granted, his client will lose all of the money she has invested in the lounge. He reiterated that there is no indication anywhere on the building occupied by the church that there is an AA group, a support group or a place for people who have been expelled by their families. He continued by stating that the night club building was always leased and the equipment was also there, but it was temporarily closed. He then asked that the variance be granted Mrs. Mejares. In response to Mr. McComb's question, Mr. Bonilla stated that Mrs. Mejares' lease has twenty-one months left until February 1, 1987 with an option to renew. nutes :gular Council Meeting April 23, 1985 Page 17 A motion was made by Council Member McComb that a temporary variance be granted until February 1, 1987. Mr. Bonilla agreed that February 1st would cover the lease. He stated that he would like to suggest that if the church moves, that the establishment would be entitled to a permanent variance. Mayor Pro Tem Best seconded the motion. Council Member Slavik stated that she is concerned that if the building in which the church is located should be sold, and another church comes in to occupy the building, this could establish a precedent, or in other words, if anyone wanted to start a church, they should have performed some investigation about the property in the surrounding area. She pointed out that the property occupied by So Ojo Club has been used for the sale of on—premise alcoholic consumption for many years and she felt that the church should have made themselves aware of that fact. She suggested that at this point, however, the two establishments should attempt to get along. Council Member Pruet inquired of Mr. Patterson if there was a lease in effect at the Carousel Club, if the doors were actually open, and if the Club was actually in operation at of the time that the church was being established. Mr. Patterson explained that if the place of business used for on—premise consumption of alcoholic beverages is located in a certain area before a church is established there, then there is no violation of Section 4-5, but in this case, the church was there prior to the time that this Club located there; the building had been previously used as a club; but it was not in operation as a night club at the time the church was established. Council Member Strong stated that she concurred with Council Member Slavik and pointed out that if the building in which the church is located is sold, there is the possibility that another church might locate there, and for that reason she would be in favor of a permanent variance. Council Member Berlanga and Guerrero indicated that they, too, concurred with a permanent variance. Council Member McComb pointed out that if a church should purchase the building, the bar or lounge was located there first and if the church decides to locate next to it anyway, there is no law to prohibit that. Council Member Pruet then summarized the situation by stating that there are two pieces of property; one is the club and there was conversation about creating a hardship on the owner and the lessee; a night club is very expensive to remodel for other use; and he felt that the Council should forget the organizations involved and look at the best use of this property. He stated that he, too, would recommend the permanent variance. Minutes Regular Council Meeting April 23, 1985 Page 18 Mayor Jones called for the vote on the motion to grant the temporary variance until February 1, 1987 and the motion failed to pass by the following vote: Jones, Best, and McComb voting, "Aye"; Berlanga, Guerrero, Mendez, Pruet, Slavik and Strong voting, "No". A motion was made by Council Member Guerrero that a permanent variance be granted to the applicant of So Ojo Club. The motion was seconded by Mayor Pro Tem Best and passed unanimously. Mayor Jones recessed the Council Meeting at 4:25 p.m. in order to convene a meeting of the Corpus Christi Industrial Development Corporation. Mayor Jones reconvened the Regular Council Meeting at 4:36 p.m. Mayor Jones presented to the Council Members a copy of a statement he had presented to the Retirement and Aging Committee expressing opposition to HB 2209 which is a bill that proposes to establish a new retirement system for Commission Peace Officers, noting that he had expressed opposition because it would be detrimental to the City of Corpus Christi, to the employees of the City of Corpus Christi, and to the taxpayers of the City of Corpus Christi. He stated that the bill as proposed would unfairly set up a new standard for police officers and discriminate against other employees who are not so favored. Mayor Jones continued by informing the City Council that Deputy City Manager Ernest Briones was appointed some time ago as Director of the Texas Municipal Retirement System Board and he is now Chairman of the Board which is quite an honor for Mr. Briones and for the City of Corpus Christi. Mayor Jones then referred to a letter he had written to Representative Eddie Cavazos who had introduced HB 2209 and expressed the opinion that Mr. Cavazos was off base in what he tried to do. He pointed out that if this bill were successful, it would set up an agency that would maintain control of the Police Fund and it would take funds out of the City's Retirement System. He stated that at the same time, it would establish a fund that would no longer be under the City's control but in fact would be controlled by CLETE. Deputy City Manager Briones agreed with Mayor Jones' statements, stating that the bill is very bad because it would take the authority away from the City Council as to how tax money would be spent and gives it to a group over which the City Council has no control. He stated that there is also a bill being introduced tomorrow which would allow Members of the Firefighters and Police Unions to donate vacation to the President of the Union which conceivably could allow him to take as much as a year's vacation. Council Member Mendez expressed the opinion that police officers and firefighters should be allowed to give up their vacation time if they want to. * * * * * * * * lutes dular Council Meeting April 23, 1985 Page 19 Mayor Jones then called for the City Manager's Reports and other items. City Manager Martin informed the Council that arrangements had been made for them to visit the Data Processing Department next Tuesday at 8:00 a.m. He suggested that they meet at that building at 1015 Santa Fe Street. City Manager Martin briefly described the Staff's plan to sell new Waterworks Revenue Refunding Bonds, the proceeds of which would then be used to purchase direct obligations of the United States (Federal Securities) within the arbitration regulations. He explained that the purpose of this is to produce an annual savings over the remaining life of the $25 million in Waterworks Revenue Bonds which were sold in 1981 primarily to finance the expansion to the 0. N. Stevens Water Plant. He explained that pricing of the bonds would occur on Monday, May 13, and he would like to call a special meeting of the City Council on Thursday, May 16th for the purpose of signing the Bond Purchase Agreement. The Council agreed on the time of 8:30 a.m. for the May 16th Meeting. On another matter, Council Member Berlanga expressed the opinion that the City Council should conduct a closed meeting next week with Judge Hunter and Mrs. Anita Garza, Municipal Court Clerk. After a short discussion, the date of May 7, 1985, at 11:30 a.m. was established for such a closed meeting. City Manager Martin continued by reminding the Council that they had asked that a visit to Choke Canyon be planned. He stated that the Staff is considering May 21st and the tour will be taken in lieu of a Council Workshop Meeting. He stated that he felt that the Council could be back at City Hall by 3:00 p.m. for the Regular Council Meeting. Mr. Martin reminded the Council of the special meeting scheduled for 7:30 p.m., April 30th to conduct the public hearing on the Community Development Block Grant Funds. Mr. Martin also reminded the Council of two meetings away from City Hall scheduled for May 14, 1985 -- one, an 11:30 a.m. visit to Saber Refinery; and two, the 7:30 p.m. Assessment Hearing at Annaville Elementary School Cafeteria. Mr. Martin then presented to the City Council Members copies of the recent update on the single-family Bond Purchase Program which provided its status at this time. In regard to this last item, Mayor Jones stated that he had asked Mr. Berney Seal to appear before the Council to give his views of the Mortgage Bond Program. Minutes Regular Council Meeting April 23, 1985 Page 20 Mr. Berney Seal, 209 Bayside, complimented the City Council and in particular, Mr. Tom Utter for putting together this program to help the real estate business and to also assist citizens who are purchasing homes by this means. He informed the Council that 85% of the money loaned had been through VA and FHA guidelines and expressed the opinion that this program has increased the economy in the entire City in many ways. He urged that this program be repeated whenever possible. Council Member Slavik referred to the chart presented to them by the City Manager and inquired about the target area where funds are remaining. Mr. Seal stated that he has not sold anything in the targeted areas. City Manager Martin stated that this could still be successful in that as soon as the other money is no longer available, the money for the targeted areas could be competing with conventional money and this should provide an impetus for more loans for the targeted areas. He stated that also the Staff is going to attempt a campaign to market the purchase of homes in the targeted areas. In regard to Mr. Seal's request that the Program be repeated, City Manager Martin informed him that funds may be available in 1986 and the City already has applications in line for the next available funding. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Slavik and passed unanimously, the Regular Council Meeting was adjourned at 5:10 p.m., April 23, 1985. DZ/rr