Loading...
HomeMy WebLinkAboutMinutes City Council - 09/30/1986PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. **Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik *Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 30, 1986 6:00 P.M. Deputy City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Pruet, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. 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 Slavik that the minutes of the Regular Council Meeting of September 23, 1986, be approved as presented; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * Mayor Jones administered the Oath of Office to newly appointed members of the Sister City Committee, Carolyn Luckenbach, Sandra Lynn Langberg, Charlene Hibbetts, and Raul Flores. * * * * * * * * * * * * * Mayor Jones informed the audience that he would depart the meeting at 7:15 p.m. for 30 minutes to attend a function for Governor Mark White. * * * * * * * * * * * * * MS. MICROFILMED Minutes Regular Council Meeting September 30, 1986 Page 2 *Council Member Strong arrived at 6:06 p.m. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions 1 thru 9, and Council Member Slavik asked for the figures relating to item 5, demolition of existing docks along the L -Head and installation of a floating dock system. Assistant City Manager Tom Utter stated that $217,000 is the proposed funding for this project which will come from a number of marina sources. He stated that tentatively $30,572 from the Marina Bond Fund, $90,000 from dredging, and $99,733 from the project fund for a total of $220,305. He stated that after the bids are received, staff will have a recommendation with an appropriation. There were no comments from the audience; a motion was made by Council Member Mendez that items 1 thru 9 be approved; seconded by Council Member Strong; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. 1. M86-0410 Approval of specifications and authorization to receive bids for wrecker service for City -owned vehicles and equipment. The term of this contract is for twelve months with an option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. The estimated total expenditure is $36,500. 2. M86-0411 Approving a supply agreement for approximately 10,000 gallons of pavement marking paint based on low bid. The term of the 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. This paint will be used for street lane markings. Ten bid invitations were issued and two bids were received. Prices have decreased approximately 7% based on previous open market purchases. Funds were approved in the 1986-87 budget. Ennis Paint Compap Trantex - Transportation Products of Texas Bid Item 1-3, 6,150 gallons of white & yellow chlorinated rubber -based paint - Total: $38,666.49 Bid Item 4 & 5, 3,850 gallons of white & yellow alkyd -based paint Total: $27,951.00 GRAND TOTAL: $66,617.49 Ainutes Regular Council Meeting September 30, 1986 Page 3 3. M86-0412 Authorizing the City Manager or his designee to receive bids for a manual food and drink concession operation at McGee Beach for a term of three years. Bids will be received at the Park and Recreation Department until 2:00 p.m., October 17, 1986. 4. M86-0413 Rejecting the bids received and authorizing new bids be received for four microfilm reader/printers for the Central Library. The estimated expenditure is $20,000 with funds available from the Central Library Building Fund. 5. M86-0414 Plans and specifications providing for demolition of existing docks along the L -Head and installation of a floating dock system be approved and bids for this work be received on Wednesday, October 29, 1986. 6. M86-0415 Approving the following actions relative to installing casings around existing water transmission lines which cross under the Missouri Pacific Railroad tracks near the Hwy. 77/I.H. 37 interchange: a. Specifications be approved and bids be received on October 15, 1986, for the furnishing of 111 linear feet of 72 -inch diameter liner plate material. b. Plans and specifications be approved and bids be received on October 15, 1986, for the installation of the liner plate. Funds to purchase and install the material are available in the Water Division Operating Budget, and the cost of all work performed by the City will be reimbursed by the Missouri Pacific Railroad Company. 7. M86-0416 Authorizing the execution of a one-year lease agreement with William J. Kabboord for the rental of 7.245 acres being used for the Police Vehicle Impound lot. The cost of the lease is $18,000 and is provided for in the Police Operating Budget. 8. M86-0417 Authorizing the City Manager or his designee to submit an application to and execute a contract with the Coastal Bend Council of Governments for continuance of the Elderly Nutrition Program. The total budget for the program is $761,156, including City matching funds of $273,444 included in the 1986-87 Budget. Minutes Regular Council Meeting September 30, 1986 Page 4 9. M86-0418 That a public hearing to amend the water, wastewater and transportation plans, be held on October 14, 1986. * * * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances, 10 thru 14, and Council Member Strong asked staff to display the site plan for Ordinance 13, zoning application of W.H. Hammonds. Mr. Utter displayed the site plan, and stated that it provides for 9 parking spaces; Council had wanted to save the trees; the staff has devised a plan to save the trees by granting a special permit for existing use and ownership with 8 parking spaces, subject to approval of the Zoning Board of Adjustment. Mayor Pro Tem Best made a motion that a special permit be granted on application of W. H. Hammonds by granting a special permit for existing business use and ownership of Mr. Hammonds with 8 parking spaces, subject to approval of the Zoning Board of Adjustment, on .0341 acres called "Ocean Park," between Ocean Drive and Corpus Christi Bay; the motion was seconded by Council Member Pruet; and passed unanimously with Council Member Guerrero absent at the time the vote was taken. In response to a question from Council Member Strong, Mr. Jack Solka, Architect, stated that the property will have a screening fence. There were no comments from the audience on the Consent Ordinances; City Secretary Chapa polled the Council for their votes; and the following were approved: 10. ORDINANCE N0. 19504 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE McNORTON DRAINAGE OUTFALL PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, THEODORE C. ISENSEE, ET AL; 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. 11. ORDINANCE N0. 19505 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CORPUS CHRISTI HOUSING AUTHORITY FOR AN APARTMENT AT CLAIRELAINE GARDENS TO BE USED BY SENIOR COMMUNITY SERVICES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 30, 1986 Page 5 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. 12. ORDINANCE NO. 19506 AUTHORIZING THE CITY MANAGER TO ESTABLISH AND ADMINISTER A SYSTEM AND PROCEDURE FOR THE ACCEPTANCE OF PAYMENT OF FEES, FINES, COURT COSTS, OR OTHER CHARGES BY A CREDIT OR DEBIT CARD; 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. 13. ORDINANCE NO. 19507 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF W.H. HAMMONDS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A NON-MEDICAL OFFICE ON A TRACT OF LAND CALLED OCEAN PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones voting "no", Guerrero absent at the time the vote was taken. 14. THIRD READING - ORDINANCE NO. 19508 AMENDING ORDINANCE NUMBERS 16232 AND 15371 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ISLAND ENTERPRISES, INC., FOR THE SALE OF TRAVEL INSURANCE AND HANDLING OF TRAVEL RESERVATION TICKETS. The Ordinance was read for the third time and 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 called for consideration of the following Regular Motion: 15. Requesting authority to submit a DWI Selective Traffic Enforcement grant to the State Department of Highways and Public Transportation and to sign all related documents. The focus of the grant will be to increase the efficiency of the detection and apprehension of the DWI offender. The grant period is October 1, 1986 - September 30, 1987 with the City cost at $57,680 and the State cost at $57,997. The City funds are provided in the Police Operating Budget. There were no comments from the audience; a motion was made by Council Member Berlanga that item 15 be approved; seconded by Council Member Slavik; and Minutes Regular Council Meeting September 30, 1986 Page 6 passed unanimously with Council Member Guerrero absent at the time the vote was taken. * * * * * * * * * * * * Mayor Jones informed the audience that Ordinance 19, increasing membership of the Civil Service Board from three to five members, had been withdrawn from Council consideration for two weeks. **Council Member Guerrero arrived at 6:16 p.m. Council Member Mendez referred to ordinance 1/20, governing political activities of City employees, and stated that his concern is that it prohibits participation in elections other than City elections; he has obtained a copy of the City of Dallas' ordinance which only refers to City Council elections; to restrict City employees from participating in County, State, and National elections would be depriving the employees of their privileges; the Court case against the City of Dallas outlined what can and cannot be done; the ordinance proposed by the City Attorney prohibits some items that the court allowed, for instance the placing of political signs. Council Member Mendez made a motion that the third reading of this ordinance be postponed in order to examine the Dallas ordinance, and that the Legal Department provide the Council with copies of the Dallas ordinance and the court case pertaining to it. Council Member Guerrero made a "friendly" amendment to the motion to postpone third reading for two weeks, and Council Member Mendez agreed. Council Member Slavik seconded the motion. Council Member Berlanga stated that the ordinance states that employees cannot engage in political activities at any time, and he feels that after 5:00 p.m., an employee should have the option to engage in whatever he pleases, except City elections. He stated that this change needs to be made to the ordinance. Council Member Strong stated that the Charter outlines that employees cannot participate in political activities. She asked what effect a case law would have that is contradictory to the City Charter. City Attorney George stated that the Court case referred to by Council Member Mendez addresses the portions of the Dallas City Charter that were upheld. He stated that in that case, the court refers to other restrictions found in the Hatch Act; the court gave approval of certain items; and that was the basis on which the ordinance was based. Minutes Regular Council Meeting September 30, 1986 Page 7 In response to Council Member Strong, Mr. George stated that it is his opinion that the City Charter is not in direct conflict with state law. It was decided that comments from the audience relating to this ordinance would be limited to 3 minutes for each speaker. Mayor Jones then called for comments from the audience. Mr. Richard Roy, Park Division, stated that he should be able to engage in policital activities after working hours; he is an American citizen; and he questioned how the Council can take that right away. Mayor Jones stated that speakers should not question the Council. Mr. Roy stated that the proposed ordinance violates his rights as an American citizen. Mayor Jones stated that the Council is trying to clarify the City Charter, and is not trying to take away rights from the employees. Mr. Jose Luis Viegas stated that employees are supposed to vote in elections; he does not understand why they cannot show their support; and he feels that the Council is behind the times. Ms. Sandra Longoria Green, 4602 Marks, read a statement from the Central Committee, American G I Forum as follows: In 1948, the American G I Forum - now the largest patriotic veteran's family organization - held as its organizational premise that all American citizens are entitled by that heritage with inherent rights and duties. It is the belief of this organization that we are all part of the answer to our society's ills if we choose to exercise our opinion through the political process or part of the problem if we neglect that duty. Therefore, the Central Committee of the American G I Forum - which is comprised of the Chairpersons of the six different groups representing a 500+ membership - wishes to express its concern regarding the Code of Ordinances, City of Corpus Christi, 1976 Revision, Chapter 39, Section 39-17 - Political Activities of City Employees. We are all politicians in the strictest interpretation of that word, in that we affect each other's lives and as such we should encourage rather than discourage all citizens - inclusive of City employees - to be part of the process of change through the medium of politics and the election process. Minutes Regular Council Meeting September 30, 1986 Page 8 Application of this ordinance is understandable in view of city elections where there may be a conflict of interest, but this Committee feels an opinion is warranted from the State Attorney General as to its constitutionality as it pertains to the City Charter in order to ensure the protection of our City employees' rights and inclusive of that - our paid elected city officials. The application of this Ordinance past the level of city elections and/or acts in the political process is too restrictive and too far reaching. - It is felt that encouragement rather than discouragement of all our citizens in the political process - especially minorities which comprise a large percentage of our city employees - should be the posture of our community leaders. Low voter turn -out is a trend that indicates apathy on the part of our citizens - coupled with possible reprisals for being part of the mechanism for change, one need not wonder why the working man feels ineffectual. Ms. Cathy Sajdak, Police Department, stated that she agrees with the comments that have been made by the other speakers; she has been politically active for several years; and it is not right for the Council to take that away. Mr. Juan Pena, 2038 Rockford, Gas Division, stated that he puts in 8 hours and provides the City with a service; he feels that after hours, he should have the right to do what he wants; during the working hours he abides by the rules of the City and after that, the Council should have the decency to let employees do what they want on their own time. Mayor Jones complimented the Gas Division employees and stated that the City of Corpus Christi has the lowest record for gas loss due to leakage. Mr. Roland Garza, 2504 Hulbirt, Gas Division, stated that the record would be even lower if repairs were made when they are first detected. Mr. Garza stated that he is preparing a letter to the Department of Justice because he feels that his constitutional rights as an American citizen are being violated. He stated that City employees should be able to do what they want after work. Former Senator Ronald Bridges stated that he has read the ordinance and it is the most ridiculous thing he has ever seen; the Council must know what is contained in the First Amendment; none of this needs to be in a City ordinance; he believes the Council is wrong; the ordinance is ludicrous; and in a District Court this ordinance does not have a chance of being upheld. Mr. Manuel Gonzales, Inspector, Building Division, stated that what makes this country great is that you have the right to be wrong, but you also have the right to correct that wrong. Minutes Regular Council Meeting September 30, 1986 Page 9 Mr. Roy Garza, 505 Pennington, Wastewater Division, asked the Council to have a night meeting again if the ordinance is going to be postponed. He stated that the Council should address the City staff and encourage employees to go to the meeting, because he feels that the employees were being dared to attend the meeting tonight. He stated that the employees do a lot for the City; they are hard workers; they work during hurricanes; the employees ask for simple things; and they are denied these. He asked why this ordinance is being considered, when anyone can see it is not right. Mayor Jones stated that the ordinance is before the Council because the existing City Charter has a flat prohibition against political activity. Mr. Jesse Vielma, Wastewater Systepm General Foreman, stated that the Council can improve the morale of the City employees by making the right decision in regard to this ordinance. Mr. Bill Palmer, 633 DeForrest, stated that he is not a City employee, but he feels that a City employee's vote would sometimes be a more intelligent vote than that of other citizens because they are City employees. He stated that the ordinance that would be best would be one prohibiting someone from manipulating a City employee's vote. Mr. Eric Johnson, 326 Stages, Building Division, agreed that the Council is headed in the right direction to clarify the Charter, but he wants to participate politically; he has a desire to do things for his country; this ordinance is too restrictive; the Council should be encouraging employees to get involved in the political process; he agrees with the restriction regarding City elections, but he does not understand how he could have any influence, as a City employee, in a Presidential election. Mr. A. Herschbach, 4650 Hakel, stated that there is a State law regarding political activities of Fire and Police and the City employees are entitled to the same provisions as provided by the legislature. He stated that the ordinance should be patterned after the State law. Mr. Felix De Leon, Park Maintenance, stated that if this ordinance was in effect in 1976, why did the Council wait 10 years to enforce it. Mayor Jones stated that there is no ordinance yetl; the Charter was adopted in 1946 which had the same provision regarding political activity. Mr. De Leon noted that the Mayor will be attending a function tonight for Mark White and he is an employee of the City. Council Member Mendez stated that that is a question that should also be addressed -- whether the ordinance affects the Council, as paid employees of the City, from taking a position in other elections. Minutes Regular Council Meeting September 30, 1986 Page 10 Council Member Mendez further explained that this is before the Council because Council Member Guerrero requested a clarification of the Charter in order that the Council could know what restrictions are actually placed upon the employees. Council Member Guerrero stated he was concerned, and the staff drafted the ordinance that would more explicitly explain the provision of the City Charter. He stated that this does not mean the Council is in agreement with the restrictions, but this had to be brought out publicly. Council Member Strong stated that the Council cannot change the Charter, only through an election can that be done, but the Council can clarify, through ordinance, that section of the City Charter. She stated that if there is a need, this should be addressed by a Charter Amendment Election. Council Member Mendez repeated his motion to postpone third reading of the ordinance in order to review the City of Dallas' ordinance and other alternatives. Council Member Mendez stated that the Charter Revision Commission should discuss this, and he feels some type of ordinance should be passed for their review. Mayor Pro Tem Best stated that the Charter states that City employees cannot participate -- the employees still cannot participate until an election is held to change the Charter. He stated that he feels they should be able to participate. City Attorney George read the portion of the City Charter pertaining to City employees' participation in politics, and stated that the problem is that this section of the Charter is not self-executing; the ordinance is meant to clarify the Charter; the Court has upheld the sections that have been placed in the proposed ordinance; and the Charter still states "no political activity." In response to a question from Mayor Pro Tem Best, Mr. George stated that the Council could pass an ordinance based on the Dallas ordinance. The motion to postpone the third reading passed unanimously. The Council recessed the meeting at 7:00 p.m. * * * * * * * * * * * * * The meeting was reconvened at 7:06 p.m. Mayor Jones called for consideration of Ordinances 16 and 17. Council Member Slavik asked for a statement regarding Ordinance 16 pertaining to a retainage account in each Bond Fund. Minutes Regular Council Meeting September 30, 1986 Page 11 Deputy City Manager Briones stated that a previous Council had authorized a separate account for each fund; this was never carried out; this ordinance will repeal the ordinance creating this; and it does not affect any revenues. There were no comments from the audience; City Secretary Chapa polled the Council for their vote; and the following passed: 16. ORDINANCE NO. 19509 RESCINDING ORDINANCE 17195; ESTABLISHING A RETAINAGE ACCOUNT IN EACH BOND FUND, AND PROVIDING FOR THE PAYMENT OF INTEREST AT THE QUOTED RATE FOR THE NEGOTIABLE ORDER OF WITHDRAWAL (NOW) ACCOUNTS FROM THE CITY'S MAIN DEPOSITORY BANK; AND DECLARING AN EMERGENCY. 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. 17. ORDINANCE NO. 19510 AMENDING ORDINANCE NO. 15927, CONCERNING FACSIMILE SIGNATURES IN THE ISSUANCE OF CHECKS, WHICH WAS APPROVED BY CITY COUNCIL ON DECEMBER 10, 1980, AND WHICH AMENDED ORDINANCE NO. 6239, APPROVED BY CITY COUNCIL ON AUGUST 2, 1961; AND DECLARING AN EMERGENCY. 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 called for consideration of the resolution in support of the Import Oil Tariff, and noted that this was introduced by Governor Mark White, but is also supported by Bill Clements. Mr. Richard Schnik, President, Board of Trade, stated that the Board is divided on this issue and he feels the Council should defer taking a stand on this issue and study it more thoroughly. Mr. Gary Henderson, Schlumberger, spoke in favor of the resolution. He stated that the oil situation is not a case of free enterprise because it is a situation of government price controls, particularly in Saudi Arabia. Mayor Jones asked what makes this different from other industries that have tried to impose tariffs, and Mr. Henderson stated that those industries were not competitive enough; in this instance it is a straight commodity and prices can be controlled by a few countries. Minutes Regular Council Meeting September 30, 1986 Page 12 Mr. Kyle Simpson, Director of Government Relations for Coastal States, urged the passage of the resolution; he stated that it is vital to the State's financial situation; Corpus Christi needs this because of the industries that contribute to the economy of the City. He then gave specific information regarding the oil industry and domestic reserves. Mr. Simpson stated that the oil cartel can move in any direction they want and they do not care what happens to the United States. He stated that a healthy oil industry is in this country's best interest and encouraged passage of the resolution. Mr. Simpson, at Mrs. Slavik's request, stated that he would provide the Council with copies of his statement. Mr. Daniel Martinez, Valero Refining, spoke in favor of the resolution; he stated that this resolution will not convince the legislature to approve the tariff, but it is one more voice that the problem is recognized and something needs to be done; and taking a neutral stand is not really taking a stand. Mayor Jones departed the meeting during the foregoing remarks. There were no further comments from the audience; City Secretary Chapa polled the Council for their vote; and the following resolution was approved: 18. RESOLUTION NO.19511 SUPPORTING A "NATIONAL ENERGY SECURITY AND CONSERVATION POLICY" WHICH INCLUDES AN IMPORT FEE ON CRUDE OIL AND PETROLEUM PRODUCTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Jones absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Pro Tem Best announced the public hearing on two zoning cases. 1. Application No. 886-7, Mr. Hector De Pena: For a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 8, Block 1, Laguna Acres, located on the south side of Horne Road, approximately 390' east of Teresa Street. Planning Commission and Planning Staff's Recommendation: 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 Guerrero; and passed unanimously. Minutes Regular Council Meeting September 30, 1986 Page 13 City Secretary Chapa polled the Council for their vote, and the following passed: ORDINANCE NO. 19512 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HECTOR DE PENA BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 8, BLOCK 1, LAGUNA ACRES FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Pruet, Slavik, and Strong voting "aye"; Jones and Mendez absent at the time the vote was taken. * * * * * * * * * * * * * 2. Application No. 886-8, Hunt Enterprises, Ltd.: For a change of zoning from "B-1" Neighborhood Business District and "A-2" Apartment House District to "B-4" General Business District on a tract of land being 6.81± acres out of Lot 12, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of S. Padre Island Drive and along the west side of Nile Drive. Planning Commission and Planning Staff's Recommendation: Approval. There were no comments from the audience; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Berlanga; and passed unanimously. City Secretary Chapa polled the Council for their vote, and the following passed: ORDINANCE NO. 19513 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HUNT ENTERPRISES, LTD. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 12, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Best, Berlanga, Guerrero, McComb, Pruet, Slavik, and Strong voting "aye"; Jones and Mendez absent at the time the vote was taken. * * * * * * * * * * * * * A motion was made by Council Member Mendez to remove from the table the recessed public hearing on O'Neill Street; seconded by Council Member Berlanga; and passed unanimously. Council Member Pruet stated that he has not participated in the discussion of extending O'Neill Street and will not vote on this because of a conflict of interest. .Minutes Regular Council Meeting September 30, 1986 Page 14 Assistant City Manager Lontos gave background information relating to O'Neill Street; he stated that the 1986 Bond Program allocated funds for the extension of O'Neill; a public hearing was held on August 19; the purpose of the extension was to provide a connection from the Flour Bluff Center Subdivision to the business area at South Padre Island Drive and Waldron Road; the staff recommended a route, Option "B," through Lot 21, Block 1, Flour Bluff Center, which currently contains a house, a detached garage and a considerable number of mature oak trees; the property owners objected to destroying the trees; two days after the hearing, several Council Members, Staff, and residents met in Flour Bluff to discuss other alternatives and a number of questions were raised regarding Option "B", particularly regarding the oak trees. Mr. Lontos then displayed a transparency showing all options, (copy attached for clarification) and stated that the staff recommends Option "D." He stated that suggestions were made at the hearing to use the "firelane" for the extension from Flour Bluff Drive to Compton Road. He stated that the disadvantages of using the fire lane are that it would cause double frontage residential lots for all 38 lots on O'Neill Street, it does not represent the route described by the Capital Improvements Steering Committee during community presentations on the bond program, an awkward intersection with conflicting traffic movements would be created at Compton and First National Boulevard, and the estimated cost of this route ($650,000) is 5i times the amount allocated for the O'Neill Street Extension. He stated that in order for the be a connection to the subdivision, Road. He then outlined the following Graham Road: Advantages: "firelane" route to be utilized, there must and a suggestion was made to extend Graham advantages and disadvantages of extending 1. A direct connection from South Padre Island Drive to Graham Road would be provided. 2. A circuitous route from the Flour Bluff Center to the Waldron/S.P.I.D. business area and access to the Flour Bluff Drive/S.P.I.D. intersection would be provided. 3. Vacant property, except for one residential lot on O'Neill Street, would be acquired for the right-of-way. 4. Long-term traffic needs of the area would be addressed. 5. Roadway could be constructed coincidental with future development of the vacant tract, but an amendment to the Master Transportation Plan would be necessary to require dedication and construction. Disadvantages: 1. Estimated cost of the route ($280,000) is 2} times the amount allocated for the O'Neill Street Extension. 2. A large tract south of O'Neill Street would be severed. 3. A longer return route would result for the Flour Bluff Center residents from the Waldron/S.P.I.D. business area. Minutes Regular Council Meeting September 30, 1986 Page 15 4. A street would be created between two residential lots on O'Neill Street. 5. Short-term traffic needs of the Flour Bluff Center would not be met. 6. Does not represent the route described by the Capital Improvements Steering Committee during community presentations on the bond program. 7. Would require a second public hearing. He then reviewed the Flour Bluff Drive connection which was suggested by several residents which would extend it a short way to the west end of O'Neill Street. Mr. Lontos stated that staff feels that the solution responsive to the Capital Improvement Program, is to make a short connection of O'Neill Street to First National Boulevard, and to use Option "D" in order to save the oak trees, provide circulation recommended in the CIP, and it would not entice the traffic to use the street as a shortcut. He stated that as a long-range plan, a connection could be made into O'Neill from Flour Bluff Drive. He stated that Option "D" could be constructed with the money approved in the bond program. He stated that the extension of Flour Bluff Drive calls for an additional $280,000, although this would be feasible, if the funding was available. He stated that staff does not recommend the "firelane" or extending Graham Road. In response to a question from Mayor Pro Tem Best regarding the Flour Bluff Drive connection, Mr. Lontos stated that additional funding ($281,000) could be obtained from the unallocated portion of the street bond fund, CDBG funds, or interest earnings from the bond fund. Council Member Strong inquired if the staff is opposed to another collector street in the firelane, and Mr. Lontos stated that staff is not so much opposed, but does not feel it would serve much purpose because it would be a major thoroughfare behind the residential lots. In response to a question from Council Member Strong regarding the firelane, Assistant City Manager Lontos explained that it would have to be in the Master Plan; a public hearing would have to be conducted on it; and that if it is a collector street, it must be in the Plan. He stated that the developer cannot be required to accept a street without a public hearing. Council Member Strong inquired about the cost of constructing a street along the fire lane from Compton Road to Flour Bluff Drive in two phases, the first to be from Compton Road to Central, and Mr. Lontos replied that this would be almost mid -point and the estimated cost would be approximately $325,000. Mrs. Strong then referred to the vacant property behind O'Neill Subdivision and inquired if the plat indicated that the property is commercial, residential, or a combination of both. Mr. Lontos stated that he thought that it was residential. Minutes Regular Council Meeting September 30, 1986 Page 16 Mayor Pro Tem Best pointed out that the property is in the AICUZ area, and the front 20 acres to the north along Flour Bluff Drive is zoned commercial and only residences on very large lots could be constructed there. Mr. Utter agreed with that statement. Council Member Slavik suggested that a decision be postponed until additional information could be obtained on this aspect. She inquired if this would interfere with the project time frame. Mr. Lontos expressed the opinion that there would be no problem in postponing the decision for three weeks since the Highway Department proposes to begin construction on this portion of South Padre Island Drive in mid -1987. Council Member Slavik suggested that it might be to the property owner's advantage to dedicate the necessary right-of-way on the vacant property to the southwest, and Mr. Lontos agreed that this would be true if the proposed street fits into the developer's plans. He stated that he could have that information in three weeks. Council Member Slavik expressed concern about generating traffic onto O'Neill Street if the staff recommendation is approved, and Mr. Lontos expressed the opinion that there would be very little traffic since it would only be to provide access into and out of the subdivision. Mr. Lontos also pointed out that the City's platting ordinance discourages the establishment of streets backing onto lots, but this has not been discussed with the residents. Mrs. Slavik again suggested a delay because there is so much new information that has been considered. Council Member Strong suggested that if the public hearing is opened, the Council might obtain a better understanding of the neighborhood's preference. Mr. Horace D. Ford, 1233 Stone Street, expressed appreciation for their efforts to establish a road at the back of O'Neill Street along the fire lane and extending it to Knickerbocher. He stated that he is still opposed to using lots that he owns to extend O'Neill Street and noted that Option D does not reflect the street as described in the Bond Program. Mrs. Donna Shirley, 2621 Meadow Wood, expressed the opinion that many of the staff recommendations are not far-sighted at all. She described the business centers on Padre Island Drive and noted that when construction starts, a serious problem will be created in this particular subdivision, particularly in the event of an emergency. She pointed out that when Padre Island Drive becomes congested, there will be a tendency for people shopping in the business area from all over the City and the State to try to exit Padre Island Drive through the Subdivision, and the residents feel that the ideal solution would be to construct a street that is wide enough to accommodate the traffic should be constructed along the fire lane. Minutes Regular Council Meeting September 30, 1986 Page 17 Mrs. Shirley continued by stating that most of the residents of the area prefer that the money allocated for the fishing pier be reallocated to fund the expense of a street to be constructed along the fire lane. She recalled that at the Community Development Block Grant public hearing conducted the previous year, Dr. Best pointed out to the Flour Bluff citizens that streets to provide access were needed more than a fishing pier, but unfortunately, three or four citizens present at that hearing petitioned for funds for the fishing pier rather than for streets, even though they did not have approval for such a request from the organizations they indicated they represented. Mrs. Shirley emphasized the fact that a wider street than O'Neill Street extension is needed. Ms. Connie Valle, 1226 Baywood, stated that the extension is needed to allow access for emergency vehicles, and to allow the residents access to Flour Bluff Drive and Waldron Road; the "firelane" is the best solution; she feels that the residents of O'Neill would also agree to that; she disagrees with the disadvantages outlined in the staff memo as they pertain to the firelane being a duplicate of Graham; she sees no problem with having a street on both sides of the lots on O'Neill; she does not feel it would become a high-speed road; she does not think it would cause an awkward intersection at Graham; and having a public hearing is not a disadvantage. Mr. Mike Crowder, Secretary of the Flour Bluff/Padre Island Business Association, read a resolution approved by the Association in support of a through street from Compton Road to Flour Bluff Drive with feeder streets where applicable, and requesting that the $120,000 be used for this purpose and additional funds be allocated from CDBG or other available sources. The resolution also supports a through street from Laguna Shore to Waldron as an extension of Knickerbocker, and for Matlock to be completed through to N.A.S. Drive. Mrs. Marie Spear stated that it appears everyone wants a through street and it needs to be made clear how much money is available. Mayor Pro Tem Best remarked that hearings were held on CDBG and the residents wanted a fishing pier, now a bond issue has passed for $120,000 and the residents want the pier and a $680,000 street, and he feels that the Council is having a difficult time in understanding what the residents actually want. Mrs. Spear stated that a questionnaire was sent to the residents; five people wanted a pier instead of the street; these five people are very vocal; those people have confused the issue; and there is confusion on the part of the people regarding what they want and the money that is available. There were no further comments from the audience; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez; and passed unanimously with Jones and Berlanga absent at the time the vote was taken. Minutes Regular Council Meeting September 30, 1986 Page 18 Council Member Strong made a motion to call for a public hearing to create a new street from Compton to Flour Bluff Drive with Phase I being Compton to tie into Central at O'Neill. Mr. Lontos explained that if it is decided to use the firelane, the Council must take action declaring the street extension, as outlined in the Bond Program, as no longer needed and in lieu thereof create the new street. Mayor Jones arrived at 8:31 p.m. Council Member Strong made a motion to call for a public hearing to create a new street, known as the firelane, from Flour Bluff Drive to Compton, with Phase I being Compton to Central at O'Neill, in lieu of Alternate "B" or "D" as recommended by staff and outlined in the Bond Program, with the $120,000 to apply to Phase I; seconded by Council Member Slavik. Council Member Strong stated that the situation warrants the new street, and she instructed staff to find the funds. Mr. Lontos stated that the staff will report within one month in more detail. Council Member Guerrero stated that the new street is a great idea, but pointed out that the residents could have the entire project done in one phase, if they did not want the fishing pier. Deputy City Manager Briones informed the Council that this would have to go before the Planning Commission as an amendment to the Master Transportation Plan; they would make a recommendation; and then it would come before the Council. Council Member Strong's motion passed unanimously, with Mendez absent at the time the vote was taken, and Pruet abstaining. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Bill Palmer, 633 DeForrest, spoke against leasing the Coliseum to Ozzie Osbourne for a concert performance. He stated that the message of his music is one of despair and hopelessness and that he is stealing life from the young people with his music. Sgt. Ace Shedd, President, Corpus Christi Police Officers Association, addressed a grievance against Chief Bill Banner and Lt. Skaggs regarding an arrest on weapons violation at the airport. He stated that the Association and the citizens are asking questions regarding the investigation because the complete truth is not known and can only be accomplished through an outside investigation. He stated that the investigation was performed by the City Minutes Regular Council Meeting September 30, 1986 Page 19 Attorney and City Manager; the Council has not received all of the information as a result of that; and the City Manager and City Attorney refuse to release the information. He urged an outside investigation. Lt. Samuel Granato, 1810 Kentucky Derby, stated that his actions were questioned by Mr. George and Mr. McDowell that he misinterpreted some statements made by the arresting officer at the scene. He stated that he did not misinterpret anything; he acted in accordance with the rules manual; and he asked that equal and fair implementation of the rules manual be applied to all. He stated that it appears that the rules manual only applies to the lower echelon. He stated that the Police Chief denies knowing the arrested individual; the individual needed to be at a construction job in Houston; and Chief Banner did not bother to look at the background of the individual, who is a convicted felon. Lt. Granato stated that he does not feel that Mr. George or Mr. McDowell should be conducting the investigation; the Association had relied on the City Manager's and City Attorney's integrity to conduct the investigation; they claimed they would submit all findings to the Council; they did not; and the Council should know all of the facts. Mr. Rene Rodriguez, Attorney for the Association, stated that he finds it disturbing that the City Manager and City Attorney were asked to conduct a fair and impartial investigation. He stated that the rules manual states that an individual arrested for a weapons violation goes directly to County jail; he finds it disturbing that Mr. McDowell finds no fault by Chief Banner; and that he did nothing contrary to good law enforcement by expediting a quick release. Mr. Rodriguez stated that no one can bond out of the City for a weapons violation, and he questioned why City Manager McDowell did not tell the Council this. He stated that the officers were going to take the prisoner to City Jail where he would have had to wait 4 to 8 hours to be transferred to the County to be released. He stated that there are many more questions, but that one question is the most glaring and for the Council to accept the report and not see the evidence is a disgrace. He stated that morale is very low in the Police Department; this cannot be blamed on former Association President Ruben Cisneros; the City Manager states that Sgt. Shedd was not intimidated by questions posed to him by the Police Chief that other officers would not be asked; and the community is raising many questions. Council Member Berlanga asked Sgt. Granato if the interference by Chief Banner has caused a morale problem, and Sgt. Granato stated that he could only speak for himself, but the last three weeks have been very stressful. He stated that he feels the rules manual is not being enforced for upper level individuals. Council Member Guerrero asked what the Federal authorities thought of this, because the information he received does not address this. Minutes Regular Council Meeting September 30, 1986 Page 20 Sgt. Granato stated that the arresting officer must complete two reports, one for City Police Class A Misdemeanor and one with the FAA for violations of the Air Piracy Act. He stated that the federal agents he spoke to stated that they would indict the violator -- he was a felon. He stated that the release came from the City Police Department and the FAA called for an additional hold. In response to questions form Council Member Guerrero, City Attorney George stated that the federal agents would not talk to him because he was not in law enforcement; the U.S. Attorney said there was no interference with the process and their charges were not interfered with; it did not make any difference to the federal agents whether the prisoner was released from jail; if he is indicted it is of no relevance that he was released; the Police Officers Association refers to this as a grievance; it is alleged misconduct, not a grievance; there was a charge of a Class A misdemeanor; the form the arresting officer had was for City jail; of the five arrests at the airport, four were sent to City Jail. Council Member Guerrero asked where the records are that were at the Airport, and Mr. George stated that he did not know -- he only has copies. Council Member Guerrero stated that there is a lot the Council does not know; they refuse to acknowledge this; he has asked for the information and recourse in obtaining it; the Council does not feel obligated to ask for an outside investigation; and he wonders why. Mayor Jones stated that he has never heard of an outside investigation; either the Council believes City Manager McDowell or the Police Officers Association; there are questions whether Bill Banner or the Union is running the Police Department; the Association has recourse to the Court; and they should take this to court if they feel that strongly about it. Council Member Guerrero stated that this is not a Union issue as the Mayor continues to make it -- the Council does not have enough information to believe or not to believe. Mayor Jones stated that the key issue is whether the prisoner is prosecuted and it will be up to the court to decide. Council Member Guerrero stated that justice is not served if the informa— tion is not available to the Council. Council Member Slavik inquired if it is not normal procedure for the prisoner to go to County Jail, and Mr. George stated that there is a booking procedure; there were 5 people arrested at the airport; 4 were sent to City jail; one was sent to County jail; the point is, there was no obstruction of justice; no charges were dropped; and the federal agents did not care if release was obtained by bond, because they will indict the violator. Minutes Regular Council Meeting September 30, 1986 Page 21 Council Member Slavik stated she has mixed emotions about conducting an outside investigation, and questioned Mr. Guerrero's concerns. Council Member Guerrero stated that his concern is that he cannot obtain information on which to base decisions. Council Member Slavik suggested that the Police Association answer Mr. Guerrero's questions in writing, and Mayor Jones stated that that would be completely inappropriate, citing the Council's division between operations and policy. Council Member Slavik stated that she wished the Council could allay the Association's frustrations. City Attorney George stated that he does not know what else can be done; they interviewed 38 witnesses; tape recordings were made; the witnesses were asked repeatedly if they wanted to add anything else to their statement; there were questions about interpretation of the rules manual; his interpretation is that the Chief of Police can make some discretionary decisions that another police officer cannot; and in his opinion, a thorough investigation has been made. Council Member Slavik stated she feels there is still a misunderstanding; she thought the investigation would satisfy the Association; and she feels there is more than what the Council is hearing. Council Member McComb stated that the question is a personnel matter and the Council is not to get involved, and the Association's attorney, Mr. Rodriguez, should look at legal avenues of approach. Council Member Mendez stated that the Association, at the time they agreed to have Mr. McDowell and Mr. George investigate, did not know that the report to be given to the Council would be that brief. Council Member Mendez inquired if the 4 other arrests at the Airport were convicted felons, and Mr. George stated that he is not aware of their records. Council Member Mendez stated that he feels the public is concerned that a thorough investigation be conducted; the Council should be satisfied with the investigation; and he has many questions about the investigation. Council Member Berlanga stated that the Charter prohibits him from becoming involved in personnel matters, but he can ask questions of anyone. City Attorney George agreed with Mr. Berlanga's statement, and noted that questions may be asked, but directions cannot be given. Minutes Regular Council Meeting September 30, 1986 Page 22 Council Member Guerrero stated that the report is very short, and as long as he is on the Council, he is not going to accept reports just because they are submitted by the staff. Council Member Guerrero stated that an attorney was dismissed from the investigation because of remarks she made, yet this was left out of the report. He questioned why it was left out. He stated that this is a scenario put together in order that no "waves" would be made, and he is not satisfied with what has been given to him. Mr. George stated that all of the information is in the report; the facts are not disputed; and there is protest because it is not the conclusion that the Association wanted. Council Member Guerrero stated that the conclusion is not the issue and he resents that statement. He stated that he does not have information in the report to share in Mr. George's conclusion. Mr. George stated that Mr. Guerrero could listen to the tapes, and Mr. Guerrero agreed. Council Member Strong stated that Mr. George had stated that information could not be made public, and she asked if all of the witnesses signed releases, would the Council be able to have copies of the information. Mr. George stated that in his opinion, that would make it public. Council Member Mendez inquired if the Council is considered the City Attorney's client; and Mr. George replied that the Council is, as a body; and Mr. Mendez inquired if five members do not request the information, would the Council not receive the information. Council Member Guerrero suggested that this be addressed when City Manager McDowell is present. Mayor Jones called for other comments from the audience. Mr. Harry Keen, 6322 Whitaker, referred to the Ozzie Osbourne concert, and stated that the coliseum contract requires that the renter have unquestionable moral character and he would like to see that enforced. Discussion followed between Mr. Keen and Mayor Jones on how to define moral character. Mayor Jones stated that he personally would like to see Ozzie Osbourne banned from the Coliseum, but that is a public facility and is rented for public use. He stated that there are many legal issues in cases like this. Minutes Regular Council Meeting September 30, 1986 Page 23 Mr. Briones stated that staff will review the Coliseum contract, and Mayor Jones stated that he wanted the information before the next Council meeting. Council Member Berlanga stated that this question has come up in the past, and he had suggested that before any concert, the Council review the lyrics of the songs in order to protect the youth of the City and the public. Council Member Slavik stated that pornography is defined by the appeal to purient interest. City Attorney George stated that this is not a pornographic issue. Council Member Guerrero stated that the San Antonio ordinance, which this City Council defeated because there was a lawsuit pending against it, is still available and the alleged lawsuit was never filed. He stated that the ordinance answers the concerns and also that of the age limit. Council Member Guerrero made a motion that the Council consider that ordinance regarding age limitation, seconded by Council Member Berlanga. City Attorney George stated that the ordinance would be placed again on the agenda, rather than reconsider. Council Member Guerrero asked that it be placed on the agenda in three weeks in order to prepare the information. Council Member Mendez stated that the issue of prior restraint has been before the Council previously; if the lyrics are required, they would also be required for all events, not just rock concerts. Council Member Guerrero stated that the issue is not prior restraint -- it is age limitation and definition of obscenity. Mayor Jones stated that he hates to see this issue come up again; the Council will hear the same arguments; and the Council has more important business. Council Member Slavik inquired if "known reputation" could be drafted in the ordinance, and Mr. George stated that that is too vague a concept. It was decided that the item would be placed on the agenda for discussion. Council Member Guerrero stated that he has some information; information could be obtained from San Antonio; and all the information could be made available before it is on the agenda. Council Member Guerrero withdrew his motion, and stated that staff would provide information. ..lnu t e s Regular Council Meeting September 30, 1986 Page 24 Mr. Ben Sley, 470 Cape Lookout, spoke against the use of the Coliseum for the Ozzie Osbourne concert; he stated that because it is a public facility it should not be used; he referred to the Texas Family Code which prohibits contributing to the delinquency of a minor; and he stated that the City could be held liable for what happens to a minor at the concert. Mr. Doug Patterson, 6637 Hardwick, stated that they have a responsibility as parents, as a Council, and as a community to protect the welfare of its citizens. He stated that if youth is not protected, it puts the City in a dangerous position. Mr. Robert Wilbanks expressed the opinion that the City should have the option of either leasing or refusing to lease City facilities for use by groups or organizations that would be harmful to children. He elaborated on rock groups that are detrimental to youth and stated that he felt that Ozzie Osbourne should not be allowed to perform in a public facility. Mayor Jones pointed out that the City is obligated to rent the Coliseum under terms, and if any group or organization can comply with the requirements, the City has no alternative but to lease it. Mr. Tim Villarreal spoke in opposition to leasing the Coliseum for the Osbourne concern and referred to satanic worship which is encouraged by many of the rock groups. He expressed concern about the detrimental effect of such groups on young people. No one else spoke from petitions from the audience. There being no further business to come before the Council, on motion by Council Member Strong, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 9:55 p.m., September 30, 1986. ltd 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 30, 1986, which were approved by the City Council on October 7, 1986. WITNESSETH MY HAND AND SEAL, this the /91= day of /24/414Ly /f i6 Luther J.res, MAYOR Armando Chapa City Seci`etary City of Corpus Christi, Texas •