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HomeMy WebLinkAboutMinutes City Council - 05/13/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 13, 1986 2:00 P.M. PRESENT: Mayor Luther Jones Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb *Frank Mendez Bill Pruet Mary Pat Slavik ABSENT Mayor Pro Tem Dr. Jack Best Council Member Linda Strong Acting City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Kirk McIntire of First Wesleyan Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Guerrero. City Secretary Chapa called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Pruet that Mayor Pro Tem Best and Council Member Strong be excused from the Regular Meeting; seconded by Council Member Slavik; and passed unanimously. A motion was made by Council Member Slavik that the minutes of the Regular Meeting of May 6, 1986, be approved as presented; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * * Mayor Jones presented a proclamation to Police Chief Bill Banner proclaiming May 11 — 17, 1986 "National Police Week." Mayor Jones stated that the Council is proud of the Police Department. MICROFILMED ..mutes Regular Council Meeting May 13, 1986 Page 2 Chief Banner thanked Mayor Jones and stated that whatever success the Police Department has is proportional to the support from the public. * * * * * * * * * * * * * Mayor Jones presented certificates of commendation to the following members of the Forward to the Future Committee: Mr. Peter Weil, Mr. George Brown, Ms. Alicia Gallegos—Gomez, and Ms. Sara Graham. He stated that Mr. Gene Koch was unable to be present to receive his certificate. Mayor Jones thanked the members of the Committee for the work that they did in regard to the April 5 Bond Election. * * * * * * * * * * * * * Mayor Jones called on Ms. Haroldine Fox of the Beautify Corpus Christi Association. Ms. Fox stated that the BCCA chose the Bayfront Auditorium and Convention Center as the site for a special Sesquicentennial beautification project. She stated that they have raised funds for this project and have retained Mr. Doug Wade, landscape architect, to design the project. Mr. Wade displayed a drawing of the proposed project and explained that the area will be elevated; it will have a terrace effect; and the cost will be approximately $13,000. He stated that this project has been approved by the Park Board and he asked that the Council approve it also. A motion was made by Council Member McComb to accept the project; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones noted that a small sign should be installed in the area to note that the Beautify Corpus Christi Association donated this project. Council Member Slavik thanked the Association and stated that she hoped other organizations would do similar projects. * * * * * * * * * * * * Mayor Jones administered the Oath of Office to Mr. William Mays and Mr. Stanley Marshall, newly appointed members of the Cable Communications Commission. * * * * * * * * * * * * * Mayor Jones called for consideration of action of the Council from the Workshop Session on the following item: r.inutes Regular Council Meeting May 13, 1986 Page 4 6. Authorizing acquisition of two parcels of land (i{7 and 1112) located at the southeast corner of Padre Island Drive and Bear Lane and the northeast corner of Padre Island Drive and Cameron Street at acquisition costs of $15,525 and $3,750 respectively, for the Padre Island Drive -West Point Road to Highway 44 Improvements. 7. Authorizing acquisition of two parcels of land (#10a, 10b) located off Rountree Circle at a cost of $1,550 for the Turkey Creek Drainage Improvements project. 8. Authorizing placement of $597,723, received by the City for the sale to the Navy of Parcels 53 and 56, Navy Clear Zones -Waldron Field project, into the International Airport Bond Fund for acquisition of land for airport expansion. 9. Awarding a contract in the amount of $220,953.84 to Haas Paving Company, Inc., for Parking Lot Ditch Improvements at Corpus Christi International Airport, and authorizing $235,000 from the Airport Construction Fund and Airport Reserve Appropriation to cover the contract award, contingencies, testing, and related expenses. Reinforced concrete pipe will be installed in the drainage ditch which crosses the existing parking lot, and the ditch will then be filled in and the area paved to provide an additional 126 space parking lot. Lighting and landscaping work to match previously installed improvements is also included in this project. 10. Authorizing a contract in the amount of $17,414 with the Miller Pipeline Corporation for the repair of a gap in the McArdle Street sewer sliplining. This work will correct defective work performed by McCullough Associates which was included in City's claim against the company. 10a. Accepting the $13,000 Beautify Corpus Christi Council's proposed Sesqui- centennial landscape beautification project for the Bayfront Auditorium and Convention Center. The Park and Recreation approved this project during the April meeting. (This items was added as an emergency posting) Council Member Slavik stated that she will vote no on item 8 because she is concerned about the public's perception. Council Member Berlanga spoke regarding item 8 and stated that the official ballot for the approval of the funds for airport hazard elimination states "....levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity." Acting City Manager Briones explained that that refers to debt service. Council Member Slavik referred to a discussion she had with Ed Martin, in which he stated that the money should be placed in a special fund. ,,inutes Regular Council Meeting May 13, 1986 Page 5 Mr. Briones stated that he did not recall such a discussion, noting that there are 17 different funds. Mayor Jones called for comments from the audience. Mr. Ray Dietz stated that the Bond Election of 1982 approved $5 million for airport hazard elimination; he felt that this was not necessary because the Navy had funds to acquire the air zones; and he felt the taxpayers should not be burdened with this when the Navy was going to pay for it. He requested that the Council reconsider the disposition of the funds to relieve the tax burden on the taxpayers and use the money to pay the bonds. Mayor Jones stated that the Navy had been considering acquisition, but had never appropriated the money. He stated that he feels that the fact that Corpus Christi did acquire the zones was a major factor in acquiring Homeport. Mrs. Donna Shirley, 2621 Meadow Wood, stated that at the time of the 1982 Bond Election, the citizens were told that the money received from the Navy would be used to pay the bonds. Mayor Jones stated that this action of transferring the money is in accordance with the exact wording on the ballot. Council Member Pruet stated that when the Council was considering the April 5 bond propositions, $1 million was included for land acquisition, but after reviewing this, it was determined that it could be eliminated because there was a commitment from the Navy to reimburse the City and the funds would be used for acquiring airport land. Council Member Guerrero agreed, noting that this subject was discussed openly in public hearings related to the bond program. Mayor Jones stated that the Navy does a lot of training at the Airport, and Mr. Jeryl Funderburk, Airport Manager, stated that the Navy conducted 2,400 operations at the Airport in April. Council Member Slavik asked where future reimbursements from the Navy would go, and Mr. Briones stated that they would recommend the same thing as they are recommending today. Council Member Slavik stated that $5 million was included in the 1982 bond program because the Navy asked the City to acquire land because of the number of complaints the Navy was receiving from residents regarding noise. Mr. Briones explained that the AICUZ Study designated areas that should be acquired in order for the Navy to continue operations, otherwise the Navy might have had to move their operations. Mr. Briones stated that encroachment could also happen at the Airport, so in an effort of long-range planning, the City had dedicated money to acquire land to prevent the same thing from happening. ninutes Regular Council Meeting May 13, 1986 Page 6 There were no further comments from the audience. A motion was made by Council Member Guerrero that items 1 through l0a be approved; seconded by Council Member Pruet; and passed as follows: Jones, Guerrero, McComb, and Pruet voting "aye"; Slavik "aye" on all items except item 8 on which she voted "no"; Berlanga and Mendez absent at the time the vote was taken; Best and Strong absent. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, items 11 through 24b. Council Member Slavik asked that a transparency be displayed in relation to Ordinance 21, a zoning change upon application of Harris Kaffie. Mr. Wenger displayed the area on the zoning and land use map and stated that the Council had passed a motion last week to grant "R -1B" on Tract 1; "A-2" on Tract 2, "A -1A" on Tract 3, and "B-1" on Tract 4. Council Member Slavik inquired if discussion took place regarding Tract 2 becoming "A-1", and Mr. Wenger stated that the Council discussed this, but no motion was made. Mrs. Slavik stated that the neighborhood was concerned in relation to Tract 2 and they desired a zoning with lesser density. Mayor Jones called for comments from the audience. Mr. Jim Beck, 6117 Downington, stated that he was happy to see the change from "B-4" on Tract 4 to "8-1." He stated that his major concern is that the neighborhood should be allowed to grow around the middle school that will be constructed; he feels that apartment zoning is not appropriate for this area; and he would like Tract 2 to be zoned "R-18." Mrs. Beth Davis, 3102 Royal Court, stated that she researched other cities in relation to zoning around schools and the cities of Austin and Dallas recommend "R -1B" zoning. Mrs. Davis then quoted traffic statistics generated by different zoning classifications. Mr. Pat Vetetoe, Urban Engineering, stated that the requested zoning is what the City staff recommended and the Planning Commission approved. He stated that the tract next to Lipes Avenue warrants high zoning. Mr. Harris Kaffie, the applicant, stated that he thought a compromise had been reached last week; he is agreeable to zoning of "B-1" on Tract 4; and he is concerned about the image that is portrayed by other people in regard to apartment dwellers. He stated that people who live in apartments also have t.inutes Regular Council Meeting May 13, 1986 Page 7 children who will be attending school. Mr. Kaffie stated that the school district is also in favor of this zoning change. Council Member Slavik stated that the zoning of Tract 3 is more critical than Tract 2 and she feels that it should be residential. Mrs. Slavik then made a motion that the zoning on Tract 3 be changed to "R -1B", and it was seconded by Council Member McComb. Mayor Jones and Council Member Guerrero stated that they would not support Mrs. Slavik's motion. Council Member Berlanga stated that the main concern last week was the zoning of Tract 4 and that has been changed to "B-1." The motion failed to pass as follows: Jones, Berlanga, and Guerrero voting "no"; Pruet abstaining; McComb and Slavik voting "yes"; Mendez absent at the time the vote was taken; Best and Strong absent. City Secretary Chapa polled the Council for their vote and the following passed: 21. ORDINANCE NO. 19310 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 ZONING CLASSIFICATIONS OF "R -1B" ONE -FAMILY DWELLING DISTRICT ON TRACT 1, "A-2" APARTMENT HOUSE DISTRICT ON TRACT 2, "A -1A" APARTMENT HOUSE DISTRICT ON TRACT 3, AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 4, SAID AREA OF LAND DESCRIBED AS BEING APPROXIMATELY 90.28 ACRES OUT OF LOTS 25, 26, AND 27, SECTION 11, AND LOTS 5, 7, AND 8, SECTION 10, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, and Guerrero voting "yes"; Pruet abstaining; McComb and Slavik voting "no"; Mendez absent at the time the vote was taken; Best and Strong absent. Council Member McComb asked for an explanation of Ordinance 18, a resolution endorsing the application submitted by MHMR for the Program for the Chronically Mentally I11. Mr. Wallace Whitworth, 3202 Harpers Ferry, stated that MHMR is applying for a grant for services to the mentally ill and in order to help obtain the grant, MHMR would like the City's endorsement. Mr. Whitworth stated that MHMR has received endorsement from Governor White. Mr. Briones explained ordinance 24a to the Council. He stated that the State has received $242 million and this resolution would request that funds be set aside for a permanent library fund. He stated that the Council needs to decide if they want to commit themselves that the funds be used for library uses rather than something else. __mutes Regular Council Meeting May 13, 1986 Page 8 Council Member Berlanga noted that the General Land Office is also interested in the money and he feels that this should be researched before the Council commits itself. Ms. Alicia Gallegos -Gomez stated that the highest users of libraries are school children; public and school libraries have inadequate book collections; the idea of a permanent library fund was first discussed at the State level; they are trying to first seek the support of the City; and the money would be used for library collection development and work with the schools for an acquisition program. Ms. Gallegos -Gomez stated that the General Land Office wants the money to go to the Permanent School Fund and they are willing to ask that a library fund be included in the Permanent School Fund. She stated that she is asking for the Council support to simply endorse the idea. Council Member Pruet agreed with the points made by Mrs. Gallegos -Gomez, stating that if this is a new approach to funding libraries and will benefit the City, he is in favor of it. Council Member Guerrero noted that the State does not interfere with the City Council's business, and he was of the opinion that the same courtesy should be extended the State. Mrs. Gallegos -Gomez stated that she does have an appointment to meet with Gary Mauro, Land Commissioner, and Council Member Pruet stated that she should also meet with the local legislative delegation. A motion was made by Council Member McComb that Ordinance 24a be withdrawn until this has been discussed by the local legislative delegation; seconded by Council Member Slavik; and passed unanimously. Mayor Jones referred to Ordinance 24b, confirming the appointment of Craig McDowell as City Manager, and stated that the Council needed to decide the rate of vacation and sick leave accrual. A motion was made by Council Member Guerrero that the rate of vacation accrual for Craig McDowell be 20 days per year and sick leave at 12 days per year; seconded by Council Member Pruet; and passed unanimously. There being no further comments on the Ordinances, City Secretary Chapa polled the Council for their vote as follows: 11. ORDINANCE NO. 19300 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH UNITED AIRLINES, INC., FOR TERMINAL RENTALS AND LANDING FEES AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. ..nut e s Regular Council Meeting May 13, 1986 Page 9 The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 12. ORDINANCE NO. 19301 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR JOINT CITY/STATE CONSTRUCTION IMPROVE- MENTS TO THE BALDWIN FARMS DRAINAGE OUTFALL; APPROPRIATING $79,365; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 13. ORDINANCE NO. 19302 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION CO., INC. FOR THE INSTALLATION OF SANITARY SEWER LINES TO SERVE THE NOTTARB PLACE SUBDIVISION AND ALSO PROVIDE A PERMANENT GRAVITY SANITARY SEWER SYSTEM FOR PRESENTLY UNDEVELOPED PROPERTY IN THE AREA BOUNDED BY WEBER ROAD, SARATOGA BOULEVARD, AND A PORTION OF CABANISS FIELD; APPROPRIATING $837,177.13; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 14. ORDINANCE NO. 19303 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 71d IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION; APPRO- PRIATING $2,945; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent time the vote was taken; Best and Strong absent. 15. ORDINANCE NO. 19304 APPROPRIATING $75,000 OUT OF THE NO. 295 STORM SEWER BOND PREVIOUS APPROPRIATION OF $175,000, AUTHORIZED BY PASSAGE DATED JULY 30, 1985, FOR A TOTAL OF $250,000 PROVIDING FOR CONSTRUCTION COSTS FOR THE REPLACEMENT OF A MULTIPLE B HIGHWAY 44 AT CLARKWOOD DITCH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; time the vote was taken; Best and Strong absent. Jones, at the FUND TO SUPPLEMENT A OF ORDINANCE 13943, THE CITY'S SHARE OF OX CULVERT ON STATE as follows: Jones, Mendez absent at the ..lnutes Regular Council Meeting May 13, 1986 Page 10 16. ORDINANCE NO. 19305 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: McArdle Road McArdle Road, from Crescent Drive to Nile Drive; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 17. ORDINANCE NO. 19306 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CORPUS CHRISTI LAND VENTURE, INC. FOR CONSTRUCTION OF A 48 FOOT WIDE PAVEMENT SECTION ON McARDLE ROAD WITH CURB AND GUTTER, SIDEWALKS, CONCRETE DRIVEWAYS AND AN UNDERGROUND STORM SEWER SYSTEM FROM CRESCENT TO NILE; APPROPRIATING $850,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 18. ORDINANCE NO. 19307 ENDORSING THE APPLICATION OF THE NUECES COUNTY MHMR COMMUNITY CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 19. ORDINANCE NO. 19308 AMENDING ORDINANCE NO. 19278, DATED APRIL 22, 1986, GRANTING A SPECIAL PERMIT FOR "AB" USES UPON APPLICATION OF J.J. PICHINSON, BY CORRECTING THE LEGAL DESCRIPTION TO READ LOTS 1, 2, AND 3, BLOCK I, OCEAN VIEW ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. ..mutes Regular Council Meeting May 13, 1986 Page 11 20. ORDINANCE NO. 19309 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF TYRONE A SPECIAL COUNCIL PERMIT FOR THE SALE OF AUTO PARTS AND LIMITING THE HOURS OF OPERATION FROM 8:00 A.M. TO 6:00 P 4, BLOCK C, AIRLINE SUBDIVISION UNIT 2; AND DECLARING AN G. CONNELLY BY GRANTING TIRES, AUTO REPAIR, AND .M. ON LOTS 1, 2, 3, AND EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 22. FIRST READING AMENDING CHAPTER 35, OIL AND GAS WELLS, SECTION 35-109, STORAGE FACILITIES, OF THE CITY CODE, TO REQUIRE THAT EACH OIL AND GAS SEPARATOR OPERATING AT A PRESSURE LESS THAN 250 PSI BE EQUIPPED WITH A PRESSURE RELIEF SAFETY DEVICE AND EACH OIL AND GAS SEPARATOR OPERATING AT A PRESSURE OF 250 PSI OR GREATER BE EQUIPPED WITH AT LEAST TWO PRESSURE RELIEF SAFETY DEVICES, ONE OF WHICH MUST BE A PRESSURE RELIEF SAFETY VALVE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to second reading as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 23. SECOND READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND E.H. MOORE HOMES, INC. FOR THE ANNEXATION OF APPROX- IMATELY 10.93 ACRES OF LAND BEING OUT OF LOTS 23 AND 24, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The Ordinance was read for the second time and passed to third reading as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. 24. ORDINANCE NO. 19311 AUTHORIZING THE EXECUTION OF A CONTRACT FOR LIMOUSINE SERVICE WITH TEXAS RIVIERA TRANSPORTATION, INC. OF CORPUS CHRISTI IN ACCORDANCE WITH ARTICLE III, CHAPTER 57, SECTION 57-150, OF THE CITY CODE FOR A PERIOD OF THREE YEARS BEGINNING MAY 1, 1986 AND ENDING APRIL 30, 1989; GRANTEE AGREES TO PAY THE CITY A MONTHLY RENTAL OF SIX PERCENT (6%) GROSS REVENUES FROM THE OPERATION OF VEHICLES AND TWO PERCENT (2%) OF GROSS REVENUES FROM THE TRANSPORTATION OF BAGGAGE. The Ordinance was read for the third time and passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. risnutes Regular Council Meeting May 13, 1986 Page 12 24a. Resolution withdrawn - See page 8. 24b. RESOLUTION NO. 19312 CONFIRMING THE APPOINTMENT BY THE CITY COUNCIL, PURSUANT TO THE CITY CHARTER, ARTICLE III, SECTION 1, OF CRAIG A. McDOWELL AS CITY MANAGER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the Resolution passed as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. * * * * * * * * * * * * * Mayor Jones called for consideration of Ordinance 25, prohibition of smoking in certain buildings. Mr. Dee Haven, 1702 Tuloso, representing the Restaurant Association, stated that in its present form, the Association is in agreement with the ordinance. Mr. Philip Rosenstein, 949 Bobalo, referred to the dangers of second-hand smoke. He commended the Council for passing this ordinance. Dr. William Burgin, 4950 Oakmont, stated that this is a very important ordinance, but he feels it should be stronger. He then gave statistics regarding the deaths associated with smoking, and thanked the Council for considering this ordinance. City Secretary Chapa polled the Council for their vote on the ordinance as follows: 25. FIRST READING AMENDING CHAPTER 23, HEALTH AND SANITATION, BY ADDING SECTION 23-74, SMOKING PROHIBITIONS, OF THE CITY CODE, TO PROTECT CITIZENS BY PLACING RESTRICTIONS ON SMOKING WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to second reading as follows: Jones, Berlanga, Guerrero, McComb, Pruet, and Slavik voting "aye"; Mendez absent at the time the vote was taken; Best and Strong absent. * * * * * * * * * * * * * Mayor Jones announced the assessment hearing for the paving of the public alley abutting Lot 2-B and Lot 3, Block 3, Gray Village Subdivision. City Attorney Hal George called as his first witness Mr. Gerald Smith. Through questioning, Mr. George determined that Mr. Smith is a Registered minutes Regular Council Meeting May 13, 1986 Page 13 Engineer in the State of Texas and has been employed by the City of Corpus Christi for 25 years. Mr. Smith testified that he has a degree in Civil Engineering from the University of Texas at Austin, and verified that he is familiar with this project. Mr. Smith then provided background information relating to the alley and located the area on a transparency. He stated that the Council decided the alley should not be closed; the owners were going to have the alley paved, but they took no action to accomplish this; the City will now have the alley paved and assess the property owners. He stated that the two property owners involved, Omaha Company and Channel 3, have been notified of the assessments and the hearing. He stated that Channel 3 will be assessed $4,546 and Omaha Company $1,577.52, which represents 90% of the cost of paving the alley. In response to a question from Mayor Jones, Mr. Smith stated that the City would be responsible for maintenance of the alley. Mayor Jones stated that Mr. Bob White of Channel 3 had asked about the possibility of installing a speed bump in the alley, and Mr. Smith explained that there is no problem in installing a speed bump, but it must be done according to City standards with a sign warning drivers of its existence. Council Member Berlanga inquired about the drainage, and Mr. Smith replied that the alley has good drainage which flows to each side of the alley. City Attorney George called as his next witness, Mr. Jesus H. Garcia, real estate appraiser. Mr. Garcia provided extensive background information on his qualifications in this capacity, stating that he has performed appraisals for a large number of governmental entities. Mr. Garcia testified that he is familiar with this project and expressed the opinion that the properties listed on the assessment roll will be enhanced at least in the amount of the assessment. There were no comments from the audience; a motion was made by Council Member Slavik that the hearing be closed; seconded by Council Member Guerrero; and passed unanimously. Mr. Smith stated that the ordinance would be on the agenda next week and the contract for paving would be done by change order to a contractor constructing another City project. Minutes Regular Council Meeting May 13, 1986 Page 14 * * * * * * * * * * * * * Mayor Jones announced the public hearing on two zoning cases. 26. Amendment to the Zoning Ordinance: Amending Article 10, "AT" Apartment Tourist District Regulations, by changing Section 10-2.06 and by adding a new subsection 10-2.07 making restaurants independent uses, and allowing up to 260 square feet of total signage, including one freestanding sign not to exceed sixty square feet in area. Mr. Utter stated that the purpose of this amendment is to allow restaurants as independent uses and to change the signage requirements. He stated that the Planning Commission and Planning Staff recommend approval. There were no comments from the audience; a motion was made by Council Member Pruet that the hearing be closed; seconded by Council Member Berlanga; and passed unanimously. *Council Member Mendez arrived at 4:04 p.m. City Secretary Chapa polled the Council for their vote as follows: ORDINANCE NO. 19313 AMENDING THE ZONING ORDINANCE (NO. 6106, AS AMENDED) ARTICLE 10 - "AT" APARTMENT TOURIST DISTRICT REGULATIONS, BY AMENDING SECTION 10-2.06 ADDING RESTAURANTS WITH OR WITHOUT ALCOHOLIC BEVERAGES AND ADDING A NEW SUBSECTION 10-2.07 PERTAINING TO ACCESSORY BUILDINGS AND USES INCLUDING SIGNAGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the Ordinance passed as follows: Jones, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Guerrero absent at the time the vote was taken; Best and Strong absent. * * * * * * * * * * * * * 11. Application No. 286-7, Mr. William Buford Nicholson: For a change of zoning from "R -IB" One -family Dwelling District to "B-1" Neighborhood Business District on a tract of land being 0.55± acre area out of Lot 1, Section 5, Bohemian Colony Lands, located on the southwest corner of Trojan and Greenwood Drives. Mr. Utter stated that in response to the 20 notices mailed, 1 was returned in favor and 1 was returned in opposition. He stated that the Planning Commission recommends a special permit for a restaurant with no access to Trojan Drive, with a screening fence and a 5' landscaped strip along Trojan Drive. He stated that the Planning Staff recommends denial. minutes Regular Council Meeting May 13, 1986 Page 15 Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Council Member Pruet clarified that the special permit was satisfactory to the applicant. Mr. Tim Clower, representing the applicant, stated that he represented the owners for the zoning case of Sam's Wholesale, which is adjacent to this property; they agreed to install a screening fence along Trojan; therefore, this applicant has agreed to extend the fence further along Trojan Drive. There were no comments from the audience; a motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member McComb; and passed unanimously. City Secretary Chapa polled the Council for their vote and the following ordinance was approved: ORDINANCE NO. 19314 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF WILLIAM BUFORD NICHOLSON BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RESTAURANT WITH NO ACCESS TO TROJAN DRIVE, WITH A SCREENING FENCE AND A 5' LANDSCAPED STRIP ALONG TROJAN DRIVE ON A PORTION OUT OF LOT 1, SECTION 5, BOHEMIAN COLONY LANDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the Ordinance passed as follows: Jones, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Guerrero absent at the time the vote was taken; Best and Strong absent. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the 12th Year Community Development Block Grant Program. Mr. Kelly Elizondo, Director of Housing and Urban Development, stated that the City has been notified by HUD that this year's entitlement was $3,025,000; in addition to that amount, there is available $376,000 from previously completed or closed -out CDBG projects from previous years; and $349,000 from program income from rehabilitation loan repayments, for a total of $3,750,000. Mr. Elizondo stated that the material provided the Council outlines the program in detail. Mr. Elizondo stated that a public hearing was held by the Planning Commission and advertisements outlining the proposed program and announcing the public hearing have been published in the newspaper. He stated that the program has been developed in accordance with the Council's guidelines; i.e., no Community Development Block Grant Funds be authorized to applicant agencies for Minutes Regular Council Meeting May 13, 1986 Page 16 operating expenses; no capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program; and priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. Mr. Elizondo stated that the Planning Commission and staff agree on the recommendations listed under attachment "C" of the support material. Mayor Jones inquired as to when the Council should pass an ordinance on this item, and Mr. Elizondo stated that the Council could make a motion authorizing submission of the program to HUD and an ordinance would be prepared sometime in July, after HUD notifies the City that the program has been authorized. Council Member Berlanga noted that $50,000 is included for Senior Centers, and Mr. Elizondo stated that some of that funding would be used to repair roofs and water -proofing the walls at the Greenwood and Lindale Senior Centers. Mr. Berlanga inquired if there were plans to enclose the open areas at the center, and Mr. Elizondo stated that funds for that work were included in the bond proposition, but that it was defeated by the voters. Mr. Berlanga suggested that CDBG money be used to get the area covered, and Mr. Elizondo stated that it would be eligible, but the cost is estimated to be approximately $210,000 for each area to be covered. Council Member Mendez noted that meetings were not held in different neighborhoods, and Mr. Elizondo stated that public comments would be received today and the Council could wait until next week to make a final decision. Mayor Jones called for comments from the audience. Ms. Mary Williams, President of the Northside Business Association, 1210 North Staples, requested the elimination of unsafe conditions in the Broadway and I.H. 37 area; she requested that the sewage treatment plant be blocked from view; and that the area of Chipita and Cabra Streets be cleared of weeds and debris. Ms. Williams stated that the problem in the area is of such magnitude that a consultant should be hired to make a total master plan for the area. Ms. Williams noted that a large sum of money was spent landscaping the sewage treatment plant -- she then displayed photographs of the area to the Council. Mayor Jones suggested that the Association be more specific as to what they want done in the neighborhood. An unidentified gentleman stated that the Association needs help in deciding what should be done. Minutes Regular Council Meeting May 13, 1986 Page 17 Council Member Slavik suggested that this area be incorporated into the Comprehensive Master Plan. Assistant City Manager Utter stated that the Comprehensive Master Plan would have a policy plan originally, then sector plans for each area of the City. He stated that blocking the view of the sewage plant would be almost impossible because it is at a much higher elevation than the surrounding neighborhood. Mr. Utter stated that there are plans to develop "pocket parks" on Cabra Street. Mr. Utter informed the Council that over $3 million in CDBG funds have been spent in this area since 1979. Council Member Mendez asked where the funds would come from for the "pocket parks" and Mr. Utter stated that money would come from the Parks Operating Fund. He stated that if the "pocket parks" are viable, full landscaping would require more funds, approximately $35,000 to $40,000. Mayor Jones noted the large amount of money that has been spent in this area, and Ms. Williams stated that the point is how the money was spent. An unidentified gentleman spoke again and stated that they are suggesting that no additional funds be spent until there is a master plan for the area. Mayor Jones inquired if the recommendation for funding includes any funds for this area, and Mr. Elizondo stated that it does not. Mr. Jerome Bradford, Northside Business Association, stated that the area needs a health center and a human resource center. Mayor Jones suggested that the Northside Business Association be provided with a list of all improvements that have been done in that area with CDBG funds. Mayor Jones stated that if the Northside Business Association had any specific recommendations as to modifications of the recommended 12th Year Program, that they give these to the staff. Council Member Slavik stated that the landscaping around the Broadway Plant looked terrible and she would like a staff report on this. Council Member Mendez stated that the Northside Business Association wants a long-range plan, but the Council is deciding how the money should be allocated. He stated that the improvements to the area might not be very visible, but many improvements have taken place. Mayor Jones departed the Council meeting at 5:00 p.m. and with the consent of the Council, he designated Council Member Berlanga as Mayor Pro Tem. Mr. Richard Alonzo, Chairperson, Nueces County Community Action Agency, requested allocation of $40,000 towards the construction of a building for the Head Start program. He stated that the funds would be supplemented with a $10,000 contribution raised by the current year participating families in the nlnutes Regular Council Meeting May 13, 1986 Page 18 Head Start program. Mr. Alonzo stated that the building would be used to accomodate 40 children. Council Member McComb recalled the Council authorizing the purchase of a building through the Navy, and Mr. Alonzo stated that that project did not work out because the Navy had to receive bids on the buildings. In response to a question from Council Member McComb, Mr. Elizondo stated that the Council approved funding of $60,000 for acquisition of land on Frio; after acquisition, $21,000 was left; the building to be purchased from the Navy did not materialize; Nueces County Commissioners told NCCAA that they were willing to give them a house situated on Waco Street; and most of the $21,000 will be used in moving the house from Waco Street to the Frio site that was acquired. Mr. Elizondo stated that the first intent was to use the Waco building as a community center. Mr. Alonzo stated that they cannot use the Waco Street house for the Head Start program because it is not large enough and they want it as a community center. Council Member Berlanga stated that Head Start is a very important program, and he hopes the Council will provide them with the funding. Mr. Alonzo stated that the program is designed for children 3 to 5 years old and its purpose is to break a cycle of poverty. He stated that statistics prove that children involved in the program obtain a better education. Council Member McComb asked why they did not lease space. Mr. Alonzo stated that they are not budgeted to lease space. He noted the high amounts charged to lease buildings, stating that they cannot afford this. Council Member Mendez inquired if the children in the Los Encinos area would be served, and Mr. Alonzo replied in the affirmative. Council Member McComb suggested that the money to be used on the Waco house be used to purchase the building that Mr. Alonzo is requesting, since the Waco house is too small anyway. Mr. Alonzo explained that the house has been designated for use by the Neighborhood Council; some of the senior citizens want craft classes; and those needs come first. He stated that there is a difference between the two buildings. Council Member Mendez stated that there is $21,000 available for a house and they have raised $10,000. He suggested that they build a multi-purpose building. Minutes Regular Council Meeting May 13, 1986 Page 19 Mr. Alonzo stated that they could discuss this with the staff. Mr. Briones stated that the Council could recess the public hearing and make a motion next week to approve the program with any necessary changes. Mr. Mose Garrett informed the Council that the Northside Business Association had not discussed their plans with any other organizations; i.e., Hillcrest Association, T.C. Ayers, Hialco. He emphasized that they do not want funds deleted from this area. There were no further comments from the audience; a motion was made by Council Member Mendez that the hearing be recessed; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * * Acting City Manager Briones informed the Council that the library would be closed from May 19 through June 10 in order to move to the new Central Library. Mr. Briones stated that discussions had been held with the Council regarding an accident involving a City vehicle; they were trying to negotiate a settlement; negotiations have not succeeded; and a lawsuit has now been filed against the City. Council Member Slavik reminded the Council of the luncheon invitation from Mrs. Ruth Stark, Marriott Hotel, on Tuesday, May 20. The Council indicated their concurrence to attend the luncheon. There being no further business to come before the Council; on motion by Council Member Mendez; seconded by Council Member Pruet and passed unanimously, the Regular Council meeting was adjourned at 5:20 p.m., May 13, 1986. /td I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of May 13, 1986, which were approved by the City Council on May 20, 1986. WITNESSETH MY HAND AND SEAL, this the 10th day of JULY, 1986 i Armando Chapa City Secr:Lry City of Corpus Christi, Texas Luther J.'es. MAYOR