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HomeMy WebLinkAboutMinutes City Council - 09/16/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 16, 1986 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Hall. Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Jones called the meeting to order in the Council Chamber of City The invocation was given by by Reverend Billy Frazier, Secretary of the Baptist Association, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bill Pruet. 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 the minutes of the Regular Council Meeting of September 9, 1986 be approved as presented; seconded by Council Member Slavik; and passed unanimously. * * * * * * * * * Mayor Jones called on Reverend Billy Frazier. Reverend Billy Frazier stated that he had been in Saovicente, San Paulo, Brazil as a participant of a crusade of the Baptist Association. He stated that a letter and a gift from Mayor Jones was presented to the Mayor of Brazil; the people in Saovicente had shown a great deal of interest in the City of Corpus Christi; and Mayor De Silva responded by sending a gift to this City called "Cradle of Democracy" which was presented to the Mayor along with a plaque showing the particular landmark in the City of Saovicente. MICROFILMED .inutes Regular Council Meeting September 16, 1986 Page 2 Mayor Jones thanked Reverend Frazier for bringing the gift to this City. Reverend Frazier stated that the Baptist Association will greatly miss the Mayor and the interest he has shown in the Baptists. Mayor Jones called on Mrs. Gerry Rice, Chairman of the Sesquicentennial Town Subcommittee. Ms. Rice stated that both Texas and Brighton, South Australia are celebrating their 150th berth, adding that they call it the 150th Jubilee. Ms. Rice stated that she participated in an exchange program and had chosen the City of Brighton; they had written to the Town Clerk in Brighton; and that they had decided to make the trip to Corpus Christi. She then introduced Mr. and Mrs. John Chenowith of that City. Mr. Chenowith thanked Mrs. Rice for her hospitality in this City and presented the 150th Jubilee Flag of South Australia to the City of Corpus Christi. He also presented Mayor Jones with a necktie with the 150th Jubilee logo and stated that he also had the Coat of Arms and a letter to present to the Mayor, but unfortunately, these were in luggage that was lost in transit. Mayor Jones thanked Mr. Chenowith for his gifts and presented to him a framed poster of the Texas Sesquicentennial. * * * * * * * * Mayor Jones announced the presentation of a resolution commending Mr. H. J. Tijerina for his dedicated service to the Sister City Committee. He stated that Mr. Tijerina has been involved in the Sister City Committee for six years; the Council unanimously elected him as an advisory member of that Committee; and that Mr. Tijerina will be involved in the creation of a new Sister City in Mexico. Mr. Tijerina thanked the Council for the honor awarded him and stated that all this would not have been possible had it not been for the members who serve on that Committee. He expressed his gratitude to the members and the Staff involved with the Committee and stated that he looks forward to serving on that Committee in an advisory capacity. City Secretary Armando Chapa polled the Council for their vote on the resolution commending Mr. Tijerina and the following was approved: RESOLUTION NO. 19473: THAT THE VALUABLE SERVICES PERFORMED BY MR. H. J. TIJERINA ARE DEEPLY APPRECIATED BY THE CITY COUNCIL, HIS FELLOW COMMITTEE MEMBERS, THE STAFF, AND THE CITIZENS OF THIS STATE AND THIS COMMUNITY. ..inutes Regular Council Meeting September 16, 1986 Page 3 The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "Aye". Mayor Jones administered the Oath of Office to Mrs. Nancy Eshleman and Mrs. Doris Henderson, newly appointed members to the Municipal Arts Commission. * * * * * * * * * Mayor Jones called for the ordinance amending Ordinance No. 18961 so as to increase the number of members on the Sister City Committee to 21. City Secretary Chapa polled the Council for their vote on the ordinance and the following was approved: ORDINANCE NO. 19474: AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SEC. 2-151, STEERING COMMITTEE, BY CHANGING THE NUMBER OF MEMBERS ON THE SISTER CITY COMMITTEE TO 21; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, voting, "Aye"; Slavik and Strong, absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for consideration of the following item. I. BOARD AND COMMITTEE APPOINTMENTS: Term: a. Joint Airport Zoning Board: Donald L. Bobbitt b. Sister City Committee: Johnny Alaniz (Reappointment) 9/89 Laura Rodriguez (Reappointment) 9/89 Dr. R. S. Long (Reappointment) 9/89 Ted Schoenberg (Reappointment) 9/89 Raul Flores 9/89 Sandra Lynn Langberg 9/89 Charlene Hibbetts 9/89 Carolyn Luckenbach 9/89 Lillyan Floyd 9/89 Melba Jimenez 9/89 8-11-89 _.inutes Regular Council Meeting September 16, 1986 Page 4 Vilma Trevino Dr. Glen Edmond Kost Verlene Bobbitt Dr. Howard Tirschwell, General Chairman H. J. Tijerina (Advisory) A motion was made by Council Member Slavik that appointments be confirmed; seconded by Council Member unanimously. * * * * * * * * 9/89 9/87 9/87 the aforementioned Pruet; and passed Mayor Jones called for consideration of the consent motions; there were no comments from the audience; a motion was made by Council Member Mendez to approve Consent Motions 1 through 5; seconded by Mayor Pro Tem Best; and passed unanimously. 1. M86-0395 Approving a supply agreement for Data Processing cards and forms based on low bid and best bid to the following companies for an amount of $56,915.06. The term of this agreement will be twelve months, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. These items are used by the Data Processing Department. Seventeen bid invitations were issued and six bids were received. Prices have decreased approximately 6% from last contract of July, 1985. Funds have been approved in the 1986-87 budget. Data Documents Bid Item 1 -11 card stock Bid Item 18, 19 console paper Bid Item 22-24 stock forms Bid Item 25-33 printed forms Bid Item 34, 35 printed forms Bid Item 36 printed forms Bowater Computer Forms Bid Item 12-17 stock forms Bid Item 20, 21 stock forms Total: Total: GRAND TOTAL: $12,412.12 (low bid) 707.00 (best bid) 1,027.61 (low bid) 4,744.30 (low bid) 2,353.63 (best bid) 358.20 (best bid) $21,602.86 $34,851.20 (low bid) 461.00 (low bid) $35,312.20 $56,915.06 _.mutes Regular Council Meeting September 16, 1986 Page 5 2. M86-0396 Plans and specifications for the adjustment of a 42" water line at the proposed Baldwin Farms Drainage Outfall be approved and bids for this work be received on Wednesday, October 8, 1986. The City is obligated to adjust this water line because of an agreement with the Highway Department pertaining to the Baldwin Farms Drainage Outfall. The water line must be adjusted ahead of the proposed South Padre Island Drive reconstruction in the vicinity of Bear Lane. 3. M86-0397 Authorizing the City Manager or his designee to enter into an agreement with Keep America Beautiful, Inc. (KAB) for a litter and waste abatement program and to promote cooperation among businesses, government, civic groups, news media and the general public to create a cleaner City. Reimbursement to the KAB will not exceed $19,500 for a one-year contract term. Funds are available in the 1986-87 Budget. 4. M86-0398 Approving a request by Bayfest, Inc. to close the following streets so Bayfest '86 can be celebrated on September 26, 27 & 28, 1986: a. North Shoreline Boulevard, between I.H. 37 and Hughes Street, from Wednesday, September 17, until Wednesday, October 1, 1986. b. Belden, Power, Palo Alto, Fitzgerald & Hughes Streets, between Water & Shoreline; Water Street, between Fitzgerald & Hughes Streets; and Resaca Street, between Chaparral & Shoreline, from Friday, September 26, through Sunday, September 28, 1986. 5. M86-0399 Public hearing to be held on October 6, 1986, by the Director of Planning in the Committee Room, City Hall, at 8:30 a.m., and a second public hearing be held on October 7, 1986, by City Council at 2:00 p.m. on the annexation of an 11 -acre tract of land out of Lots 9-14 and 19-24, Section 6, Flour Bluff Encinal Farm and Garden Tracts. Mayor Jones called for consideration of the Consent Ordinances, 6 through 16. There were no comments from the Council or the audience; City Secretary Chapa polled the Council for their vote; and the following ordinances were approved: _mutes Regular Council Meeting September 16, 1986 Page 6 6. RESOLUTION NO. 19475: DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF CORPUS CHRISTI IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 7. ORDINANCE NO. 19476: AUTHORIZING THE EXECUTION OF A CONTRACT WITH OCEANSIDE ASPHALT, INC. FOR NEW STREET CONSTRUCTION AND DRAINAGE IMPROVEMENTS IN THE EXTENSION OF TIGER LANE FROM WEBER ROAD TO FLYNN PARKWAY; APPROPRIATING $650,459.65; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 8. ORDINANCE NO. 19477: AMENDING ORDINANCE 12103 SO AS TO ALLOW THE USE FROM THE PARKING METER IMPROVEMENT FUND REVENUES IN EXCESS OF PARKING METER OPERATION AND MAINTENANCE COSTS FOR ADDITIONAL USES DEEMED APPROPRIATE AS RECOMMENDED BY THE CITY MANAGER AND APPROVED BY THE CITY COUNCIL; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 9. ORDINANCE NO. 19478: AMENDING THE CITY CODE, CHAPTER 29, MUNICIPAL COURTS, SEC. 29-18, RESETTING OF CASE AND AMENDING CHAPTER 53, TRAFFIC, SEC. 53-55, PENALTIES, SUBSECTION (d), RELATING TO WAIVER OF WARRANT FEES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". .inutes Regular Council Meeting September 16, 1986 Page 7 10. SECOND READING: AN ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE, AS AMENDED, NO. 6106, ADOPTED THE 27TH DAY OF AUGUST, 1937, BY INCREASING THE FINE FOR THE VIOLATION THEREOF TO $1,000; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 11. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND T & H DEVELOPMENT FOR THE ANNEXATION OF APPROXIMATELY 22.95 ACRES OF LAND BEING A PORTION OUT OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS, 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 its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 12. SECOND READING: CLOSING A PORTION OF WACO STREET FROM LIPAN STREET TO MESTINA STREET BETWEEN BLOCKS 26 AND 41, BLUFF PORTION; SUBJECT TO ANY ONE OF THE CONDITIONS LISTED IN THE ORDINANCE. The Ordinance was read for the second time and passed to its third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 13. THIRD READING - ORDINANCE NO. 19479: AMENDING ORDINANCE NO. 17418 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 29TH DAY OF DECEMBER, 1982, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE REINVESTMENT ZONE NO. 1 TO INCLUDE THE FOLLOWING: THREE MEMBERS OF THE CITY COUNCIL CONSISTING OF THE MAYOR, MAYOR PRO TEM, AND THE COUNCIL MEMBER FROM THE DISTRICT IN WHICH THE REINVESTMENT ZONE LIES (DISTRICT 2); AND ONE MEMBER FROM EACH OF THE FOLLOWING ENTITIES: NUECES COUNTY COMMISSIONER'S COURT, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, AND DEL MAR JUNIOR COLLEGE DISTRICT FOR A TOTAL OF SIX MEMBERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". mutes Regular Council Meeting September 16, 1986 Page 8 14. THIRD READING - ORDINANCE NO. 19480: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENTS WITH NUECES COUNTY, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. 1 IN ACCORDANCE WITH MOTION M86-0382; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 15. THIRD READING - ORDINANCE NO. 19481: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH FIESTA DEL SOL, INC. FOR TWO TRACTS OF LAND LOCATED ON CORPUS CHRISTI BEACH. The Ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 16. THIRD READING - ORDINANCE N0. 19482: AUTHORIZING THE CITY MANAGER TO RENEW A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR LEASE BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT OF A PART OF A 1.23 -ACRE TRACT OR PARCEL AT THE SOUTH END OF LAKE CORPUS CHRISTI STATE PARK FOR RECREATIONAL PURPOSES, FOR A TERM OF FIVE YEARS AND RENEWAL FOR ADDITIONAL TERMS UPON AGREEMENT OF THE PARTIES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT nA" The Ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones called for consideration of Action by Ordinance from the Regular Agenda. City Attorney George provided the Council with a memorandum which included a chart listing activities that are currently prohibited under the City Charter versus those activities that would be authorized under the proposed draft ordinance on political activities. He stated that the ordinance that is proposed is for the purpose of clarifying the standards that are applicable to employees and not for the purpose of expanding that which is currently by City Charter. .,inutes Regular Council Meeting September 16, 1986 Page 9 Mayor Jones reminded the Council that the ordinance before them is just the first reading and two more readings are required before it can be approved. Council Member Guerrero stated that he felt this is a major step in the right direction and inquired if item no. 11, in regard to displaying a political picture, sticker, badge, or button while not on duty or on City premises, included the clarification of the issue of a political sign placed in a yard; and City Attorney George replied that it did. Council Member Berlanga agreed that the issues outlined in the Chart are pretty well covered as far as what the employees can or cannot do. Mayor Jones called for comments from the audience in regard to the ordinance. Mr. John Stensland, 337 Primrose, questioned if under the new ordinance, a City employee could lease the use of his property as a polling place. He cited an example whereby a City employee was told that he could not rent his garage to be used as a polling place during an election thereby missing the opportunity to make an additional $50. City Attorney George explained that under the proposed draft ordinance, it would not be allowed, adding that the Council may want to consider this. Mayor Jones inquired if the City had capitalized on information from other cities when drafting the ordinance, and City Attorney George stated that most of the issues came from a 5th Court Appeal decision; he had reviewed them very carefully; and had used them as a basis for framework of the ordinance. Council Member McComb inquired if the election in which the City employee Mr. Stensland referred to was a City election, and Mr. Stensland replied that it was a County election. Mr. Stensland expressed the opinion that he could understand a City employee being restricted from City politics but he could not understand why he should be restricted from the use of his property if it were for another entity's election. Mayor Jones inquired about City Secretary Chapa's opinion on the matter since he is in charge of conducting City elections, and Mr. Chapa explained that he felt it would be a problem if it were a City election but does not see that it could be one if it is a County election. Mr. Chapa stated that he could discuss the matter with City Attorney George and come back with a recommendation next week. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote on the ordinance and it passed as follows: .,inutes Regular Council Meeting September 16, 1986 Page 10 17. FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1986 REVISION BY ADDING TO "CHAPTER 39, PERSONNEL, ART. I, IN GENERAL," A PROVISION GOVERNING POLITICAL ACTIVITIES OF CITY EMPLOYEES EXCEPT THOSE OTHERWISE REGULATED BY STATE LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The Ordinance was read for the first time and passed to its second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Council Member Mendez suggested that City employees be given an opportunity to provide input on this ordinance prior to the third reading. It was mentioned that the third reading of the ordinance is scheduled for the night meeting of September 30, 1986. Mayor Jones then requested that copies of the proposed ordinance be made accessible to City employees as soon as possible. A motion was made by Council Member Strong that the Council consider the zoning cases prior to the public hearing on the Community Development Block Grant Program, seconded by Council Member Slavik and passed unanimously. * * * * * * * * Mayor Jones called for consideration of the following item posted as a Supplemental Agenda: 17a. Recommendation that the warranty deed, authorized by Ordinance No. 19239, passed by the City Council on March 25, 1986, be amended to delete the covenant that requires that the HIALCO Housing Assistance, Incorporated multi—family project be completed and approved for occupancy not later than 48 months from the date of execution of the warranty deed. Council Member Slavik inquired if the Staff needed to make any further comments in regard to this, and City Manager McDowell replied that HUD is requesting that the reversion clause in the original Warranty Deed be removed prior to closing since it adversely affects their loan position. There were no further comments; City Secretary Chapa polled the Council for their vote on the ordinance; and it passed as follows: 17a. ORDINANCE NO. 19472: AUTHORIZING THE CITY MANAGER TO EXECUTE A CORRECTION DEED TO CORRECT AN ERROR CONTAINED IN WARRANTY DEED, DATED APRIL 25, 1986, CONVEYING A TRACT OF LAND TO HIALCO—OIC HOUSING ASSISTANCE, INCORPORATED; AND DECLARING AN EMERGENCY. _,inutes Regular Council Meeting September 16, 1986 Page 11 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent at the time the vote was taken. Mayor Jones announced the public hearing on two zoning cases. 19. Application No. 886-1, Mr. Higinio J. Cantu and Ms. Marilyn McKeithan: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a parcel of land being the northwest } of Lot 12 and the southeast } of Lot 13, Block 9, Gardendale, located on the north side of Holly Road, approximately 168' west of Burton Lane. Assistant City Manager Tom Utter stated that in response to the 19 notices of the public hearing, 5 in favor and none in opposition had been returned, and that the Planning Commission recommends denial, and in lieu thereof, grant "AB" with a special permit for a restaurant on the southeast one-half of the property and the Planning Staff recommends denial, and in lieu thereof, grant "AB". Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that there are two single-family structures on one-half of the lot; it is a nonconforming business use that has been in existence for many years; and that Staff is concerned about the business use in that area which could potentially generate substantial traffic onto Holly Road which is only planned to be widened into a four -lane street. Mayor Jones called on the applicant to speak. Mr. Higino Cantu explained that in order to satisfy the Staff, they had to develop a common driveway; they have submitted a replat; they have met all of the requirements; and hoped that the Council will approve this request. Ms. Marilyn McKeithan, co -applicant, explained that they plan to remodel the building; they have submitted a site plan showing where the driveway will be constructed and the building to be used; the restaurant will seat approximately 45 people at a time; they will not be open for breakfast; they will only be open six days a week; and expressed the opinion that the business will be an enhancement to the area. She urged the Council's approval of their request. Mayor Jones inquired if there was anything planned for the second portion of the lot, and Mr. Cantu replied they had no plans at the present time. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Council Member Mendez and passed unanimously. .inutes Regular Council Meeting September 16, 1986 Page 12 Assistant City Manager Utter explained that although the applicants have submitted a replat, it would have to be considered by the Planning Commission at their next meeting; therefore, the Council would need to approve the request by motion and the ordinance would come before the Council after the replat is approved. A motion was made by Council Member Mendez that the Council concur with the Planning Commission's recommendation, subject to an acceptable replat of the property, seconded by Council Member Guerrero and passed unanimously. * 20. Application No. 886-6, Messrs. H. C. and H. A. Kaffie: For a change of zoning from "A-1" Apartment House District with a "SP" Special Permit to "B-1" Neighborhood Business District on Lot 1, Block 1, J. D. Bernard, and the East } of the North 86' of Block 4, Rayne Tract, located on the west side of South Carancahua Street approximately 88' north of Park Avenue. Assistant City Manager Utter stated that in response to the 13 notices of the public hearing, 3 in favor and 2 in opposition had been returned. He stated that the Planning Commission and Planning Staff's recommendation is for denial, and in lieu thereof grant a special permit for a restaurant. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity, stating that the property is presently zoned "A-1" with a special permit for an art gallery. Council Member Slavik inquired if the two letters of opposition were in objection to the zoning change or the restaurant, and Assistant City Manager Utter explained that one of the letters in opposition referred to heavy traffic congestion in the area that will be generated and the other opposed to the broad usage allowed under the B-1 Ordinance as it would break the present pattern of either Professional Office or residential use, but was not opposed to the restaurant. Council Member Slavik then inquired whether this would meet the criteria by allowing the parking down the street, and Mr. Utter explained that actually joint use of parking facilities is really encouraged, especially with the churches where they only need the parking lots at certain times. Mayor Jones called for comments from the audience and there were none. A motion was made by Mayor Pro Tem Best that the hearing be closed, seconded by Council Member Slavik and passed unanimously. ainutes Regular Council Meeting September 16, 1986 Page 13 City Secretary Chapa polled the Council for their vote on the ordinance and it passed as follows: 20. ORDINANCE NO. 19484: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF H. C. AND H. A. KAFFIE BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RESTAURANT ON LOT 1, BLOCK 1, J. D. BERNARD, AND THE EAST ONE-HALF OF THE NORTH 86 FEET OF BLOCK 4, RAYNE TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye"; Guerrero, absent at the time the vote was taken. * * * * * * * * * Mayor Jones announced the public hearing on the 12th Year Community Development Block Grant Program Amendment to incorporate the additional funding available. Mr. Ezequiel Elizondo, Director of Urban Development, explained that the enactment of the Urgent Supplemental Appropriations Act of 1986, provides an additional $621,000 of 12th Year funds for the City CDBG program. He stated that it is recommended that the City reprogram the $275,000 previously allocated to Agnes Street Drainage in the City's 11th Year program and $259,289 from the IH -37 Landscaping project from the 7th Year program into the City funds into the 12th Year program. He explained further that the incorporation of the new funds and the reprogramming of funds from previously approved projects into the 12th year program are considered to be substantial changes to the program, and as a result, the City is required to formally amend its 12th Year CDBG Program. Mr. Elizondo further stated that the City is charged with allowing citizens an opportunity to comment on the use of the funds prior to adopting a final program and that the notices published and the public hearing scheduled for this date meet the requirements. Mr. Elizondo referred to Attachment "A" of the memorandum to the Council and briefly reviewed the summaries of recommended projects. Council Member Mendez read the following Motion OM86-0373 which was approved by the City Council on August 26, 1986, reaffirming the following guidelines, adopted on March 21, 1984, for the Community Development Block Grant Program: a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. _.inutes Regular Council Meeting September 16, 1986 Page 14 c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds; and Reaffirming the stated Community Development Objectives which are: To provide for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and to aid in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization and economic development as needed. Council Member Mendez stated that these objectives have been carried out and hoped that the Council continues to abide by the guidelines. Mayor Jones ascertained that there were a number of people who wished to speak and it was the consensus of the Council that five minutes be allowed for each speaker. Mayor Jones then called on the first speaker. Mr. Richard Contreras, 3641 Christie Drive, Executive Director of the Boys Club of Corpus Christi, Inc., provided the Council with background history of the Boys Club. He stated that they had discovered that there is a lot of broad talent to be developed in the children; that in the interest of physical fitness, they would like to improve and expand upon the plans for a jogging/walking track to be utilized year round; and introduced Mr. Carlos Moreno, President of the Boys Club. Mr. Carlos Moreno, 206 Dolphin, presented the Council with a schematic of the plans and stated that funds are requested to expand for a jogging track and to develop athletic fields for softball and soccer at the rear of the Club. He stated that this would not only be used by boys and girls but by the entire neighborhood. He urged the Council's approval of their request to provide for matching funds of $8,200 to provide for their expansion plans. Mr. Oscar Flores, President of the Westside Business Association, requested that the Council consider granting $225,000 in Community Development Block Grant funds in addition to the $275,000 in Block Grant funds that are in escrow for the improvement of Agnes Street for the park, relocation of utilities, and the parking in the Agnes—Laredo Street corridor. Dr. Maria Luisa Garza, Chief Executive Officer of the Gulf—Coast Council of La Raza, provided the Council with a report on the number of runaways and stated that 500 children without homes would never have been reunited with their families had it not been for their services. She stated that their agency had received recognition for being the agency that had provided the most services. -.mutes Regular Council Meeting September 16, 1986 Page 15 She stated that the Gulf Coast Council of La Raza, Inc. is requesting $35,000 of CDBG funds to complete a construction program for the La Raza Runaway Shelter's Aftercare and Non -Residential Program to be used for rehabilitation and to enforce the ultra -care program. She stated that presently, there are 352 children in this program; this program is very badly needed to insure that these services are long lasting; and urged the Council consider approving the Staff's recommendation. Council Member Slavik noted that the Gulf Coast Council of La Raza will be providing $10,000 for this project and inquired of Dr. Garza about the nature of their part of the funds for this project, and Dr. Garza explained that the $10,000 will be obtained through small grants, foundations, solicitations, and from Child Protection Services. Mayor Jones inquired about the capacity in the main building, and Dr. Garza replied that they can only serve twelve runaways at one time, adding that this building is used as an emergency shelter only; they have a bed available at all times; a child can stay in the shelter for 30 days only; and when they have a full house, they have to make room by sending the child home and assigning a case worker to this child. Council Member McComb pointed out that the Gulf Coast Council of La Raza's original request for funds was for a one-time funding only, and Dr. Garza stated that that was correct. She explained where the funds were used at the time they obtained the one-time funding but added that this is for a different program. Council Member McComb inquired about the rap sessions and other services to be provided by this program, and Dr. Garza explained that the rap sessions, GED classes, arts and crafts activities, etc., were for the children who stay in the shelter 7 to 8 days with no place to go before being reunited with their families. Council Member McComb then inquired how long a student could participate in the rehabilitation program, and Dr. Garza replied that it is 30 days but the after care is up to six months. There were no further questions of Dr. Garza. Mr. Ronnie Rincon, P.A.D.R.E.S. President, stated that the drug problem is the number one issue; neighborhoods are infested with drug dealers; and citizens need to plan the war of drugs. He pointed out positive and successful steps that have taken place in combating drugs. He submitted a proposal in the amount of $50,000 in CDBG funds to help them fight the war on drugs, adding that they have been unsuccessful in obtaining grants because they have not been able to show matching grants. _.inutes Regular Council Meeting September 16, 1986 Page 16 Council Member Slavik inquired if there were any other organizations involved with their group, and Mr. Rincon replied that P.A.D.R.E.S. addresses the lower economic sections of the City; Families in Action Organization also addresses this issue but they would need to coordinate their efforts in order to apply for the funding. Horace D. Ford, 1233 Stone Street, requested that CDBG funds previously approved for the fishing pier be appropriated to provide residents in Flour Bluff with a through street to be cut from Compton to Flour Bluff Drive, allowing a direct flow of traffic from Waldron Road, which will by-pass the Waldron-SPID intersection. He stated that such a street could be in back of the lots on the south side of O'Neill, referred to as the "fire lane." He stated that the streets are needed more; the people in Flour Bluff know that they need the streets more than they need the fishing pier; and that a questionnaire sent out to the residents in Flour Bluff was signed by more than 400 people in favor of the street improvements with only three people in favor of the fishing pier. Mr. Ford then read the petition that had been circulated and which was presented to the City Secretary's Office. Mayor Jones inquired of Mr. Ford if the residents in Flour Bluff would still object to the construction of the fishing pier if the streets were approved, and Mr. Ford stated that he had no objection to the fishing pier if it were constructed at another location but not at the expense of the streets that are badly needed. Dr. Leo Carrillo, President of Temple Park Neighborhood Association, stated that he is not speaking directly to any proposed changes that the staff is recommending but would like to speak about the dangerous practices that he sees. He expressed concern in that some decisions are being made rather flippantly, noting in particular, that the figures used for the proposed projects are rounded off to the nearest $5,000. He expressed the opinion that somewhere along the line the Staff should be more exact. He recommended that people start being informed; he proposed that more study be conducted on the projects; and expressed the opinion that the City could make better use of our tax dollars if this were done. Mayor Jones pointed out to Dr. Carrillo that this is a broad guidance plan and the Staff would have to come back to the Council before any monies are approved. Mrs. Elizabeth Taylor, 1910 Orange, objected to the fishing pier, stating that there is a greater need for a through street be cut from Compton to Flour Bluff Drive to relieve the traffic from Waldron Road. She added that something should be done with Don Patricio Road as it is getting to be a heavily travelled road. Council Member Slavik pointed out to Mrs. Taylor that Assistant City Manager Lontos had informed them this morning that the item regarding O'Neill Street would be on the agenda in two weeks. :.inutes Regular Council Meeting September 16, 1986 Page 17 Ms. Irene Byrd, 1310 Dimas, spoke in opposition to the fishing pier, stating that the only way to fish in the area proposed for the pier to be constructed would be to launch a boat and go out further. She stated that there is not enough water; the water is always shallow in that area; and cited all of the reasons why the pier would not be proper at the proposed location. She stated that the streets and other improvements are needed more than a fishing pier and expressed the opinion that the monies used for a fishing pier would be a waste. Council Member Slavik questioned her about the use of other piers, and Mrs. Byrd stated that she thought Flour Bluff needs a pier but not in the planned location. Mr. Adolph Barta, 1301 O'Neill, also opposed the fishing pier because of the low water line at the planned location. He stated that people would have to go to the Channel before there is enough water. He stated that it would be better to allocate funds for a street project. Mayor Pro Tem Best stated that at one time, everyone in Flour Bluff wanted a fishing pier in the area and that he would like for someone that wanted the fishing pier to come before the Council and suggest where the pier should be constructed. He inquired if perhaps the fishing pier should be constructed at the Humble Channel, and Mr. Barta replied that the Humble Channel would be too far for anyone to go fishing. Mr. Arthur Barnes, 218 Skipper Lane, stated that in his opinion, people in the area do want a fishing pier and it would definitely be an improvement for the area north of Padre Island Drive. He stated that he goes fishing every Saturday and Sunday and he catches plenty of fish. Mr. Jeff Pierce, O'Neill Street resident, stated that he had discussed the issue with Council Member Slavik and she had expressed the opinion that if the City would take funds from the Local Option and Contingencies Fund, combine it with the fishing pier funds, take funds from the Agnes/Laredo project, then the residents in that area could have a new street. He expressed the opinion that they also have poor citizens in Flour Bluff. Ms. Denise Eisenhauer, Flour Bluff Business Association, read a resolution approved by their organization on September 3, 1986, requesting that $120,000 approved in the 1986 Bond Election be used for a through street from Compton to Flour Bluff Drive and that the Council consider a through street from Matlock to NAS Drive and from Knickerbocker to Waldron Road. Mayor Jones asked that Ms. Eisenhauer present the resolution to the City Secretary's Office so that copies could be provided the Council. .inutes Regular Council Meeting September 16, 1986 Page 18 Mr. Mike Morgan, a Flour Bluff resident, also spoke in favor of the through streets that Ms. Eisenhauer referred to in the resolution as approved by the Flour Bluff Business Association. Mr. Tom Wilmot expressed the opinion that the $200,000 allocated for the fishing pier should be used for construction of a recreational facility, not just a fishing pier, in the blighted area in Flour Bluff. He also expressed the opinion that streets are needed more than a fishing pier. Council Member Strong inquired if Mr. Charles Blum, Chairman of the Park and Recreation Department, could speak in regard to Mr. Wilmot's concern about the philosophy of a recreational area instead of just a fishing pier. Mr. Blum stated that he would ask that Mr. Vic Menard, a member of the Park and Recreation Board, make a presentation on this at the conclusion of the comments from the audience. Ms. Marie Spear, Flour Bluff resident, stated that she felt this Council needs the opinion of all people in Census Tract 30; suggested that the discussion be keep to people within the area who know what their needs and priorities are; and expressed the opinion that the fishermen have a point, adding that if the City is to construct a pier it needs to be constructed at a better location. Mr. Willie Lennox, 302 NAS Drive, stated that the people in Flour Bluff do not have anything to be proud of. He stated that two of the five mobile home parks are located in the area, most of which are occupied by low-income people. He expressed the opinion that a fishing pier would help all of them; the biggest part of the population of Census Tract 30 is in that area; and that several groups previously endorsed the fishing pier. He stated that this Council has previously approved the fishing pier and he did not think they should change now. Mr. Jack Ratkovic, 13911 Seahorse, spoke in favor of the streets and the fishing pier. Mr. Eddie Savoy, 1518 Dove Lane, stated that they have a lot of winter visitors that live in the area; they have always asked where they can go fishing; but there has never been a good place. He stated that when the opportunity came up about a fishing pier, everyone worked for it. He stated that this location might not be the best location but the Staff did a fine job. He expressed the opinion that this a needed project; it definitely qualifies in Census Tract; and the City is already committed to it. Mr. Vic Menard, 2240 Brighton, Member of the Park and Recreation Board, stated that he has been involved with this project from its onset as far as the fishing project goes. He agreed that Flour Bluff is in need of the streets; he expressed the opinion that the fishing pier is a needed project; there is a lot of support for it; and stated that mostly, the people are for the street improvements and not against the fishing pier. ,inutes Regular Council Meeting September 16, 1986 Page 19 Mr. Menard continued by displaying a site plan of the project location. He stated that the area would be suitable for a major recreational project. He explained that access is hindered from Henderson Street but this could probably be capitalized at some time in the future. He stated that there are high hopes for about 80 acres of recreational area. Mr. Bob Bruner, Marina Superintendent, stated that the Staff went out on three separate occasions and conducted soundings in the water; he explained that there are feeding grounds for fish in the area where the pier is proposed to be constructed; and that there is a lot of grass in the area which makes it good feeding grounds for the fish. Mayor Jones inquired about the kind of pier that is to be constructed, and Mr. Bruner replied that it would be wood pile and deckings; the pier's total length is 405 feet into the water and 100' wide. There were no further comments from the audience. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Best and passed unanimously. Council Member Strong stated that she has been involved in this issue from both sides. She commented that this is not an "Either—Or" issue. She stated that she appreciates the petitions received but that the petitions insinuate that it is an either/or issue. She explained that the fishing pier is an 11th Year Project; it was a unanimous decision of the two groups in Flour Bluff; and the City went along with their choice. She has discussed the issue with Mr. Kelly Elizondo and it is possible to reappropriate money from previous years for street improvements. She stated that the Highway Department made a presentation on the proposed expansion of Padre Island Drive through Flour Bluff; there is a commitment from this Council to provide the circulation needed; if $120,000 is not enough, then she is committed to ask the Staff to look into other sources. A motion was made by Mayor Pro Tem Best that the Council approve the Staff Recommendation on Items 1, 2, 3, 4, 5, 6, 7 and provide $8,2000 to the Boys Club from the Local Option and Contingency Fund, seconded by Council Member Mendez. Council Member Mendez expressed the opinion that the issue of the fishing pier was an item approved in the 11th Year Community Development Block Grant. He stated that he felt that this is a much needed project; that in regard to the street improvements, the Council can look at other alternative sources; and totally agreed with Council Member Strong that the project is not an either/or issue. A motion was made by Council Member Guerrero that $10,000 be allocated to P.A.D.R.E.S. from the Local Option and Contingencies Fund to provide for educational material and supplies to be used in combating drugs and alcohol abuse, the motion was seconded by Council Member Berlanga. .ainutes Regular Council Meeting September 16, 1986 Page 20 Council Member McComb expressed the opinion that this would not meet the guidelines in their criteria even though he felt that the drug problem is a major one. Council Member Slavik also expressed concern about the guidelines -- not the organization. She stated that she would like to see a staff recommendation as to the feasibility of voting on this and indicated that she would abstain from voting on the motion because she is concerned about the guidelines. Council Member Berlanga expressed the opinion that there is no doubt about the fine job this organization has done and did not see any reason for delaying the approval of the $10,000. Mayor Jones indicated that he would not support the motion. Council Member Mendez expressed the opinion that the guidelines are clear; there is no question about what the program has done for the community; but hoped that Mr. Guerrero would withdraw his motion and instead have the staff investigate the possibility of alternative sources of funding for this program. Council Member Guerrero then withdrew his motion, adding that this possibly could come from the General Reserve Fund. Council Member Berlanga withdrew his second to the motion. Council Member Guerrero made a motion to table the final vote for one week; seconded by Council Member Slavik and failed by the following vote: Guerrero and Slavik voting, "Aye"; Jones, Best, Berlanga, McComb, Mendez, Pruet and Strong voting, "No". Mayor Jones called for the vote on the motion to approve the Staff's recommendation and in addition, approve $8,200 for the Boys Club from the Local Option and Contingencies Fund. Council Member Slavik expressed concern about using $500,000 on Project #1 without specifics. She then made a motion that item ill be voted upon separately, seconded by Council Member Guerrero and it passed by a vote of 5 to 4. Mayor Jones called for the vote to approve the Staff's recommendation on Project No. 1 and it passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Strong voting, "Aye"; Slavik, "No". Mayor Jones called for the vote on the motion to approve projects 112 through 8, as amended, and it passed unanimously. .,inutes Regular Council Meeting September 16, 1986 Page 21 Assistant City Secretary Zahn polled the Council for their vote on the ordinance and the following was approved: 18. ORDINANCE NO. 19483: APPROVING THE 12TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS, AND APPROPRIATING FUNDS FOR THE PROJECTS PROVIDED FOR BY THE AMENDMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Strong voting, "Aye"; Slavik voting, "No". A copy of the Summaries of Approved Projects for the 12th Year Community Development Block Grant Program Amendment is incorporated herein and made a part of the Minutes. There being no further business to come before the Council, on motion by Mayor Pro Tem Best, seconded by Council Member Strong, and passed unanimously, the meeting was adjourned at 5:35 p.m., September 16, 1986. rr * * * * * * * * 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 September 16, 1986, which were approved by the City Council on September 23, 1986. WITNESSETH MY HAND AND SEAL, this the mei day of ..- /9 Y6 Armando Chapa City Secretary City of Corpus Christi,Texas Attac' A SUMMARIES OF APPROVED PROJECTS . 12TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1. Redevelopment of Agnes/Laredo $500,000 The establishment of a fund for the purpose of funding improvements that would contribute to the redevelopment of the Agnes/Laredo Area. The funds would be used for improvements on right-of-ways, such as landscaping to buffer the industrial/commercial areas from residential areas to eliminate blight, for low interest loans in an effort to stimulate economic development opportunities and to rehabilitate existing structures to make existing businesses more viable, and/or utility system improvements which would assist the City's economic development efforts along the corridor. Each specific project would be submitted to the City Council for consideration once they are identified. 2. Lamar East Street Improvements - Phase I 280,000 The complete reconstruction of streets, to include curbs, gutters, sidewalks and related drainage and utility improvements. The total cost of the project is estimated at $350,000, $70,000 will be provided by the Street Bond Fund. (See Attachment B) 3. Demolition - La Retama 25,000 In the Eleventh the La-Retama therefore, an recommended. Year Program, $75,000 was set aside for the demolition of Library. The demolition is estimated to cost $100,000; additional allocation of $25,000 for the project is 4. Gulf Coast Council of La Raza 35,000 The rehabilitation of an existing building at the existing Runaway Shelter site at 721 Omaha. The total cost of the rehabilitation project is estimated to be $45,000, of which $10,000 will be provided by the Gulf Coast Council of La Raza. The structure to be rehabilitated will serve as an after-care and non-residential facility for the various programs operated by the agency. 5. Sanitary Sewers - The construction nity Development CDBG Eligible Areas 60,000 of sanitary sewer system improvements as needed in Commu- Block Grant eligible areas. 6. Rehabilitation Loan Program 200,000 The allocation of an additional $200,000 for the existing Rehabilitation Loan Program. Projects would be undertaken and completed within six months with these funds. 7. Washington Senior Center Improvements 25,000 The installation of a new and central kitchen located air conditioning system for the Senior Center within the HIALCO Complex at 1114 Sam Rankin. 8. Local Option and Contingencies Monies available for additional 22,089 eligible projects not presently being funded or cost overruns for previously approved projects. 9. Boy's Club The construction of Club. The jogging improvements planned. Club will provide the 8,200 a jogging track on land located behind the Boy's track will be constructed in conjunction with other The total cost is estimated at $16,400. The Boy's balance needed for the project. CDBG212MEM02