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
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Regular Council Meeting
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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:
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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.
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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.
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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
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Regular Council Meeting
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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.
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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.
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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
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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.
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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.
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Regular Council Meeting
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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
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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.
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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
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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