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HomeMy WebLinkAboutMinutes City Council - 05/17/1988PRESENT Mayor Betty Turner Mayor Pro Tem Bill Pruet Hall. Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Mary Rhodes Frank Schwing Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 17, 1988 2:00 p.m. City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chamber of City The invocation was given by Evan Henderson, a Missionary, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Pruet. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. A motion was made by Mayor Pro Tem Pruet that the Minutes of the Workshop and Regular Council Meetings of May 10, 1988 be approved as presented; seconded by Council Member Rhodes and passed unanimously by those present and voting. Mayor Turner acknowledged Mr. Joe Morales, Co -Chairman of the Vera Cruz Sister City Program, who introduced students who will be participating in the Sister City Student Exchange to Vera Cruz, Mexico and Yokosuka, Japan. Mr. Morales explained the program and how the students were selected. Mayor Turner acknowledged Assistant City Manager Garza who introduced the City's Public Works Officials and presented each official with a Proclamation designating May 15-21, 1988 as "Public Works Week." Mayor Turner acknowledged Chris Davis of the Corpus Christi Area Convention and Visitors Bureau who gave a brief report on the Ultimate Yacht Race and presented post cards to the Council. Mayor Turner presented Mr. Davis with a Proclamation designating May 15-21, 1988 as "Corpus Christi Tourism Week." MICROFILMED Minutes Regular Council Meeting May 17, 1988 Page 2 * * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Julius M. Rosenberg and Henry M. Sapp — Board of Adjustment; and Ted Cheng Chang, Sister City Committee. Mayor Turner referred to the Board and Committee Appointments and the following appointments were made: * Council Member Strong arrived at 2:35 p.m. Coastal Bend Health Fac. Devel. Corp. Jack Solka (Reappointed) David Bonilla Nancy Bowen Charles Thompson Jack Cooper „ Human Relations Commission Welder Brown (Reappointed) Grandis Lenken Housing Authority Rev. Ernest Bennett (Reappointed) Dr. Arturo Gutierrez Mechanical Advisory Committee Charles McCaleb Russell Brashars Roberto Olivo Mayor Turner called for consideration of the Resolution pertaining to the Kennedy Causeway. A motion was made by Council Member Rhodes to amend the Resolution categories for the Flour Bluff/Padre Island Business Association and the Planning Foundation to be changed to Flour Bluff Associations and Padre Associations. The motion was seconded by Council Member Guerrero and unanimously. on the Island Island passed City Secretary Chapa polled the Council for their votes and the following Resolution, as amended, was passed: RESOLUTION NO. 20310 ESTABLISHING A KENNEDY CAUSEWAY ADVISORY COMMITTEE COMPRISED OF 19 MEMBERS TO DEVELOP RECOMMENDATIONS FOR IMPLEMENTATION OF THE POLICY STATEMENTS ARISING FROM THE JOHN F. KENNEDY MEMORIAL CAUSEWAY RECREATION AREA MASTER PLAN; AND REPEALING RESOLUTION NO. 20277. The foregoing Resolution was passed, as amended, by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting May 17, 1988 Page 3 Kennedy Causeway Advisory Committee Joe Garcia - Planning Commission Dennis Trevino - Park and Recreation Advisory Committee Cora Chisolm - Flour Bluff/Associations John Parmer - Island Associations Michael Hightower - Regulatory Interest Charles Blum - General Business Interest John Saenz - " It Charles Rawalt - Causeway Business Interest Leon Loeb - Developer Henry Berryhill - Environmental Interest George Clower - Senator Truants Nominee Marie Spear - Community at Large Ruth Gill - " " " Lupe Longoria " II A representative from the Water Shore Advisory Committee will be selected after final appointments to that committee are made. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 4, and a Council Member requested that Motion No. 1 be withheld for discussion. There were no comments from the audience on the motions. A motion was made by Council Member Guerrero to approve Motions 2 thru 4; seconded by Council Member Strong and passed unanimously. In reference to Motion No. 1 pertaining to approving supply agreements for flexible base caliche and hot mix asphalt, Council Member Slavik inquired about the new bidders mentioned in the support material and also inquired who the City awarded the contract to last year, and City Manager Garza replied he did not have that information handy but would provide it to Council Member Slavik. A motion was made by Council member Guerrero to approve Motion No. 1; seconded by Council Member Rhodes and passed unanimously. 1. M88-0109 Approving supply agreements for flexible base caliche and hot mix asphalt with four companies for a total of $495,621. The term of these agreements will be twelve months with option to extend for an additional twelve months subject to the approval of the suppliers and the City Manager or his designee. These materials will be used by the Street Department. 2. M88-0110 Approving plans and specifications and authorizing receipt of bids on June 14, 1988, for the West Allison Trunk Sanitary Sewer No. 2 project, which includes the installation of 12,600 linear feet of sanitary sewer force main and construction of a lift station. Minutes Regular Council Meeting May 17, 1988 Page 4 3. M88-0111 Authorizing acquisition of Parcel 8, located Missouri Pacific Railroad tracks, at a cost Road Street Improvements project. 4. M88-0112 Authorizing the City Manager to Urban Development the Fiscal Year Program application in the amount documents for its implementation. on Up River Road west of the of $18,800 for the Up River submit to the Department of Housing and 1988-89 Rental Rehabilitation of $230,000 and to execute required * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Ordinances, Resolutions and Ordinances from previous meetings on Items 5 thru 17, and Council Members requested that Items 7 and 9 be withheld for discussion. There were no comments from the audience on the items. City Secretary Chapa polled the Council for their votes and the following were passed: 5. RESOLUTION NO. 20311 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE I.H. 37/U.S. 77 INTERCHANGE UTILITY ADJUSTMENTS; AND APPROPRIATING $12,100. The foregoing Resolution was passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 6. RESOLUTION NO. 20312 AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL CONTRACTUAL AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATIVE TO THE RIGHT-OF-WAY ACQUISITION FOR THE CROSSTOWN EXPRESSWAY EXTENSION; AND APPROPRIATING $434,500. The foregoing Resolution was passed by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." Minutes Regular Council Meeting May 17, 1988 Page 5 8. FIRST READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, BY AMENDING ARTICLE III, ELECTRICAL, SECTIONS 13-93 and 13-96, TO PROVIDE FOR THE REPAIR AND REPLACEMENT OF COMPONENTS WITHIN ASSEMBLIES WITHOUT PERMITS; REQUIRE AND IDENTIFY LOCATION OF A DISCONNECTING MEANS; AND THE IDENTIFICATION OF ELECTRICALLY CHARGED FENCING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 10. SECOND READING AMENDING THE PLUMBING CODE, ADOPTED BY ORDINANCE NO. 19258, BY AMENDING PARAGRAPH 104(d) TO PROVIDE FOR THE PLACEMENT OF A 4" WYE TYPE CLEAN OUT AT THE JUNCTION OF THE BUILDING SEWER TO THE SANITARY SEWER MAIN AND DELETING THE 15' RULE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 11. SECOND READING CHANGING THE NAME OF THE PORTION OF MINNESOTA STREET EXTENDING FROM OCEAN DRIVE TO CORPUS CHRISTI BAY, IN PORT ARANSAS CLIFFS SUBDIVISION, TO AIRHEART POINT. The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 12. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 16, AIRPORT ADVISORY COMMITTEE, SECTION 2-175, BY INCREASING THE NUMBER OF MEMBERS FROM SEVEN TO TEN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Turner, Pruet, voting, "Aye." Ordinance passed on second reading by the following vote: Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong 13. SECOND READING AMENDING THE CITY CODE, CHAPTER 9, AVIATION, SECTION 9-35.1, PARKING RATES, BY INCREASING THE PARKING RATES BY 10 CENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting May 17, 1988 Page 6 The foregoing Ordinance passed on second reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 20314 AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE CITY OF MATHIS; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 20315 AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE ALICE WATER AUTHORITY; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 16. ORDINANCE NO. 20316 AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE BEEVILLE WATER SUPPLY DISTRICT; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." 17. ORDINANCE NO. 20317 CONSENTING TO THE ASSIGNMENT OF THE CHARLIE'S SHRIMP BUCKET BAITSTAND LEASE FROM DAVYDD MORRIS AND ASSOCIATES, THROUGH C. C. CHARTER CO., THROUGH CHARLES M. CRAVEN, TO INTRACOASTAL CORPORATION. The foregoing Ordinance passed on third reading by the following vote: Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye." In answer to a question from Council Member Slavik on Item No. 7 pertaining to the Water Shore Advisory Committee, City Secretary Chapa noted that this Ordinance was put on as an emergency ordinance because it was determined that the Board has been pending for some time and needed to be fully implemented. He noted that today would be the forum for public comment, and that once the ordinance has been approved, it will become effective. Minutes Regular Council Meeting May 17, 1988 Page 7 A question was posed by a member of the audience, Mr. John Stensland, in reference to Item No. 7 pertaining to the Water Shore Advisory Committee and Mayor Turner informed Mr. Stensland that there would be a total of nine Board members, noting that all current members of the Marina Board were appointed last week, including advisory members. Advisory members to the Marina Board become regular members of the Water Shore Advisory Committee. Council Member Strong referred to Item Number No. 9 pertaining to amending Chapter 13 of the Code of Ordinances, Division 2, Section 13-90 through 13-98, Electrical Code and referred to the support material and inquired if once the staff made their final development of this proposal, would that go back thru the Advisory Committee for their comment, and Lorenzo Gonzalez, Building Official, replied that it did not, noting that he consulted with the committee members and they said to proceed because it would be delayed another month. He stated that the Board voted on these changes, noting that they did pass. Mr. Terry Whitmire presented a letter to the Council from Mr. Russell A. Brashars, Codes and Licensing Chairman, Corpus Christi Air Conditioning/Plumbing Contractors Association containing six recommendations, noting that they are recommending that these changes be implemented before the third reading of the ordinance, and Mayor Turner requested City Manager Garza to review Mr. Brashars' letter and make a recommendation to the Council prior to the second reading of the ordinance. City Secretary Chapa polled the Council for their votes and the following were passed: 7. ORDINANCE NO. 20313 AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY AMENDING SEC. 2-80; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, and Slavik voting, "Aye"; Guerrero and Strong absent at the time the vote was taken. 9. FIRST READING AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED OPERATIONS: HOUSING AND HOUSING PREMISES STANDARDS, BY AMENDING ARTICLE III, ELECTRICAL, SECTIONS 13-72, 13-73, 13-75, AND 13-77, TO PROVIDE FOR TWO (2) ADDITIONAL CLASSIFICATIONS OF LICENSES, IDENTIFICATION OF METHOD OF LICENSING, ESTABLISHING FEES FOR EXAMINATION OR LICENSE, AND INCREASING ASSOCIATED COST OF REPLACEMENT/DUPLICATE LICENSE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, and Slavik voting, "Aye"; Guerrero and Strong absent at the time the vote was taken. * * * * * * * * * * * * * * * Minutes Regular Council Meeting May 17, 1988 Page 8 Mayor Turner called for consideration of Item No. 18 pertaining to the contract with the Veterans' Band of Corpus Christi. In reference to the buses, Council Member Moss emphasized that the City is not responsible in anyway for maintenance of the buses or liability. Council Member Slavik inquired about the number of buses, and City Manager Garza noted that there will be two buses donated to the Veterans' Band; they would maintain them; they have private contributions; and the City is under no liability. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 18. RESOLUTION NO. 20318 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE VETERAN'S BAND OF CORPUS CHRISTI FOR THE CONVEYANCE OF TWO BUSES AND, PRIOR TO SAID CONVEYANCE, ACCEPTANCE BY THE CITY OF THE CONVEYANCE OF SAID BUSES FROM THE REGIONAL TRANSIT AUTHORITY. The foregoing Resolution passed by the following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and Strong absent at the time the vote was taken. * * * * * * * * * * * * * * * Mayor Turner opened the public hearing on the Appeal of John Rossi d.b.a. Magnetic Sign No. Lorenzo Gonzales, Building Official, presented some background information to the Council on this matter. He stated that two sections of the code, one dealing with the examination of drawings, and one dealing with the action on the application very clearly stipulate that the City must take into consideration all applicable ordinances. He stated that the proposed method of construction which Mr. Rossi submitted for approval as a permanent foundation had previously been reviewed and cleared as a temporary anchoring system. He noted that Mr. Rossi's proposal was still the original temporary anchoring system used in installing portable signs, and the documents are clearly identified as a design for a temporary sign foundation. He noted that when a structure is intended to be temporary it is intended to be mobile; this proposal temporarily secures the structure; and the calculations verify that it is capable of withstanding the loading associated with short term loading durations. He stated that it is limited in that it cannot be used in a sandy soil area and is subject to environmental changes. Mr. Gonzales noted that as the moisture content varies, the structural loading capabilities of Mr. Rossi's anchoring system will vary and make it much easier not to withstand the loading that it is intended to withstand. T Minutes Regular Council Meeting May 17, 1988 Page 9 City Manager Garza pointed out that it Rossi's signs are portable and are moveable. In answer to a question from the Mayor made permanent, Mr. Gonzales stated that permanent foundation were provided. is the staff's position that Mr. about whether the signs could be only if a completed engineered In answer to a question from Council Member Guerrero, Mr. Gonzales stated that the Building Code Board of Appeals took the position that they did not want to take into consideration all the other ordinances, and they allowed to concentrate their efforts on reviewing the engineering calculations. He stated that their position was not as broadbased as it should have been, noting that it should have taken into account all the other applicable ordinances. In answer to a question from Council Member Strong, Mr. Gonzales stated that the Board must take into account all the other parameters that are identified in the code. He stated that through the Building Code Board of Appeals, the structure itself was addressed but there are other issues that enter into play when a permit is applied for. Council Member Strong expressed concern and stated that there is nothing in the Building Code that says that a concrete foundation is a requirement for a permanent structure and that meeting the wind code requirements would, in the Board's mind, establish that it was a safe structure and indeed permanent. She noted that there are two separate issues...whether a sign meets the building code and whether the sign meets the zoning requirements. She stated that there should be a compromise reached that can allow people a sign that is affordable. Assistant City Manager Elizondo agreed that there are two issues; the first issue is the foundation that is proposed which is temporary at best. He noted that the system is temporary in nature and is not adequate in sandy soils. He stated that the second issue is that the decision of the Building Board should also incorporate other laws of the City. He noted that a decision which the Board makes cannot render an ordinance which the Council authorized as ineffective. Mr. Elizondo stated that the system that is proposed by Mr. Rossi as a permanent foundation does not meet the test of permanence, and the anchoring system that is proposed does not meet the requirements of the code as far as for a permanent foundation. He stated that staff does not believe the proposed foundation meets the definition of permanence. After more discussion on this item by Council Members, Mayor Pro expressed the opinion that he could not see how you could bolt down a sign and call it a permanent sign, and that he thought the staff had good strong logic for their decision. Tem Pruet temporary presented Council Member Moss pointed out that these designs are adequate but they do not allow for the wet soil conditions. Council Member Guerrero expressed concern about the position which the Building Code Board of Appeals took and their extensive lobbying efforts. T Minutes Regular Council Meeting May 17, 1988 Page 10 City Attorney George read from the Code of Ordinances, Section 2-317, where there is a provision which allows the City Council to invoke the ex parte rule and noted that in the future, the Council may wish to do that on an appeal. Council Member Schwing expressed the opinion that he did not think the lobbying done by this Board was any different from the lobbying of other Boards on other issues. He referred to a statement about the signs not meeting the requirements after a rain or wind storm and inquired if the staff had any engineering specifications to base those statements on, and Mr. Gonzalez noted that staff has not done any test loading after a rain, but noted that when the moisture content of the soil varies, then so does the cohesiveness and its holding capacity. He noted that after a storm, the staff has discovered signs where a pinning system has become loose. Mr. Gonzales noted that most signs that the City permits, engineer submit the appropriate drawings with it, and it structural engineer's seal. Council Member Strong noted that the Board has every right Council when they feel strongly about an issue, and it is up to make the decision of what the policy should be. require that an must have his to come to the the Council to Council Member Berlanga commended the Staff for taking a stand on what they believe in. He noted that the Board of Appeals is responsible to themselves and the staff is responsible to the Council and the general public. After more discussion, Mr. Gerald Benadum, an attorney representing Mr. Rossi, stated that the Council appointed the Board, and their role has been to look at the question of whether this meets certain structural requirements. He noted that the Board has met twice and voted unanimously that this particular type of foundation does satisfy the requirements for being a permanently affixed structure. He noted that the only engineering studies have been data presented from Mr. Rossi, noting that two engineering firms have looked at the data and stated that it satisfies the requirements of the code. He stated that Mr. Rossi has done everything to satisfy the staff and the Board in regard to whether or not this is permanently affixed. He noted that the fact that it is not adequate for sandy soil is no basis for denying the appropriateness of the foundations in other areas. Mr. Bendaum stated that in order for the City to have a valid and enforecable ordinance they have to define adequately what it is they are prohibiting. He pointed out that the staff has brought forth no evidence in terms of whether it is permanently affixed. Council Member Strong noted that this is an issue of what constitutes a portable sign and what constitutes a permanent sign. She noted that the City needs an ordinance that very clearly defines what it is going to take for a sign that used to be called portable and make it a permanent sign. r Minutes Regular Council Meeting May 17, 1988 Page 11 In answer to a question from Mrs. Strong, Mr. Gonzales stated that the code already contains criteria for engineering a sign and converting it to a permanent structure. He noted that portable signs have already been converted into permanent signs, and he presented photographs to the Council. Mr. Bruce Truax, Chairman of the Building Code Board of Appeals, described the members of the Board and explained the basis of their decision. He also noted that it was the Board's feeling that it was an adequate foundation. Mr. John Rossi referred to the sign and noted that his engineer and the Building Code Board of Appeals indicated that it did not need any concrete. He noted that concrete is not really necessary in a permanent foundation and noted he has spoken with a former City engineer who agrees with him. Mr. Rossi briefly described his signs and stated that the signs which he has converted from portable to permanent will only be located where any other permanent sign would be located. Mr. Rossi urged the Council to uphold the Board's decision. Mr. Gonzales noted that the foundation does not necessarily have to be concrete. He stated that the Staff indicated that Mr. Rossi's proposal would not have a long term duration of load from an engineering standpoint. After more discussion, a motion was made by Mayor Pro Tem Pruet to close the public hearing; seconded by Council Member Moss and passed unanimously. Mayor Turner pointed out that Mr. Rossi's concerns are valid and she asked what he can do to make his signs permanent, and Mr. Gonzales stated that Mr. Rossi could have his engineer see about having a foundation designed that can be designed to be permanent in nature. He noted that the City staff would meet with his engineer. Mayor Pro Tem Pruet noted that there is a lack of specificity in the writing of the ordinance and the Code as to what is permanent and what is temporary, and until the City has more exact and specific definitions in the Ordinance, this problem will continue to happen. He noted that he will support the staff in this matter. Various Council Members expressed opinions that they would support the Staff's decision and Council Member Strong and requested that the staff provide the Council with some clarifying words for the Ordinance so that there is no question about what the City is going to require to convert a sign to a permanent structure. A motion was made by Council Member Rhodes to uphold the staff's opinion and overturn the Building Code Board of Appeals' decision and reject the variance. The motion was seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * * * Minutes Regular Council Meeting May 17, 1988 Page 12 Mayor Turner called for the City Manager's report, and referred to a letter he has written to Mr. Wheeler B. Lipes contract with regard to Emergency Medical Service. Mr. Garza attend a meeting that evening at Memorial Medical Center and matter. Mayor Turner offered a brief explanation about the Citizen's Affairs who will help coordinate the activities of * * * * * * * * * * * * * * * City Manager Garza pertaining to the noted that he will will discuss this Council on Senior senior citizens. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, referred to the April 19 Council Meeting where Mayor Pro Tem Pruet expressed the opinion that the tax cap rate should be removed. Mr. Rosenstein noted that he listened to the tape of the meeting and quoted words which Mr. Pruet used which he alleged were threatening to the Council. Mr. Rosenstein stated that the Council should develop a policy to prevent a Council Member from intimidating the other Council Members. Mr. Kevin Walker, Heart of Corpus Christi, gave a brief update on a firm from Illinois who is anticipating a move to Corpus Christi. Mayor Turner recessed the Council Meeting at 4:45 p.m. to convene the following meetings: Corpus Christi Industrial Development Corporation; Corpus Christi Housing Improvement Corporation; Corpus Christi Housing Finance Corporation; and Corpus Christi Health Facilities Development Corporation. Mayor Turner reconvened the Council meeting at 5:12 p.m. and went into closed session under the authority of Article 6252-17, Section 2(e), V.A.C.S. on pending or contemplated litigation - Utilities. * * * * * * * * * * * * * * * Mayor Turner reconvened the Regular Council Meeting at 6:10 p.m. and announced the public hearing on the 14th Year Community Development Block Grant Program. Assistant City Manager Ezequiel Elizondo informed the Council that the primary objective of the Community Development Block Grants is to improve and enhance the quality of life of the citizens of Corpus Christi with the primary emphasis being placed on improving the lives of low and moderate income families in designated areas throughout the city. Mr. Elizondo explained that the appropriate notices had been published; four neighborhood meetings were conducted; a public hearing was conducted before the Planning Commission on April 20 which was continued and closed on April 27, 1988, following which the T Minutes Regular Council Meeting May 17, 1988 Page 13 Planning Commission had made their recommendations for funding. He stated that the staff recommendation for funding is somewhat different from that of the Planning Commission. Mr. Rudy Gonzalez provided a history of the program and described the improvements that were made in the targeted areas. He referred to a graph and pointed out that a majority of the funds have been spent primarily on street and drainage improvements; the next largest amount has been spent on rehabilitation and housing; and the next largest amount was expended on the utility system; followed by smaller amounts for public and neighborhood facilities, general administration, parks and recreation facilities, and miscellaneous improvements. Mr. Gonzalez continued by stating that the City of Corpus Christi's 14th Year Entitlement amount is $3,500,000; funds available from reprograming total $250,000; and program income from rehabilitation loan repayments is $440,000, for a combined total of $4,190,000 which is now available for funding for various purposes. Mr. Gonzales then described the programs that are recommended for funding. He showed slides of the areas to be improved, and provided information on the projects recommended by the Planning Commission and those recommended by the City staff. (A copy of the recommended program is attached to the Minutes and considered to be a part hereof.) Council Member Leo Guerrero referred to the Temple Park lighting project and inquired as to why the staff recommends against this funding, and Mr. Gonzales explained that quite a bit of other CDBG funds have been awarded to that park in the past and there is some lighting in that park. Council Member Guerrero then inquired as to why the City staff does not recommend $50,000 for NCCAA Carver Headstart Program, and Mr. Elizondo explained that CDBG funds have previously been provided for support for this agency and there are still two remaining buildings to be constructed or renovated for the headstart program. Council Member Guerrero asked about the staff recommendation not to fund Goodwill Industries, and Mr. Elizondo stated that it is a very worthy operation but there are other priorities and the funds are limited this year. Mr. Guerrero then referred to Economic Development Service Center for which the staff recommends $50,000 and inquired as to why the Planning Commission did not recommend funding this operation. Mr. Elizondo stated that staff feels that they would like to have that money set aside for certain projects that may in the future act as seed money to create employment opportunities and development improvements, noting that it will be used by a department within the City. Minutes Regular Council Meeting May 17, 1988 Page 14 Council Member Rhodes inquired if the money set aside for administration is in accordance with HUD guidelines, and Mr. Elizondo replied that the guidelines allow for 20% for administrative costs. Mr. Gonzalez returned to the discussion on Temple Park and informed Council Member Guerrero that $76,500 has already been spent on that park, and Mr. Elizondo interjected that in addition to that, funds were included in the 1986 Bond Program for improvements to Temple Park. Council Member Rhodes inquired as to how comprehensive planning meets the HUD guidelines since that would obviously apply to the entire city, and Mr. Elizondo replied that there are no geographic locations for comprehensive planning and such planning is included in the HUD guidelines. Council Member Rhodes asked for an explanation of the Development Service Center for which the staff recommends funding, and Mr. Gonzalez stated that it is for a developmental program for the entire City of Corpus Christi. Council Member Moss inquired about the single—family rehabilitation program and the rental rehabilitation program and inquired if the landlords could be encouraged to rehabilitate their property, and Mr. Gonzalez stated that staff does attempt to place the burden on the property owners to take advantage of the program to improve their property. Council Member Moss then inquired if there would be overhead on the individual projects as well as administrative overhead, and in response, Mr. Gonzalez explained the procedure and services provided by the rehabilitation staff. Mayor Turner then called for public comment but explained first that if an individual were speaking on an issue, they would be allowed 3 minutes in which to make their presentation, but if a number of persons present in the audience wanted to address the same issue, the entire group would be allowed a total of 10 minutes. She also requested that the Council Members refrain from asking questions of the citizens until after the completion of all of the comments. Mr. Joe Garcia, Chairman of the Planning Commission, addressed the Council and explained the two evenings of public hearing that were conducted by the Planning Commission. He referred to the letter which he had sent to the Council Members explaining the differences between the Planning Commission and Planning staff recommendations. Mr. Garcia also highlighted the Planning Commission's recommendation that $200,000 be allocated for baseball stadium development and explained that there is a question as to whether this will meet the guidelines of the Department of Housing and Urban Development. He stated that if they do not concur that this is an eligible allocation, the Planning Commission would like to recommend that this money be added to the baseball recreational facilities. Minutes Regular Council Meeting May 17, 1988 Page 15 Mayor Turner expressed her appreciation to Mr. Garcia and the other members of the Planning Commission who have worked so diligently to obtain public comment and provide recommendations to the City Council. The following citizens addressed the Council in regard to various projects proposed for funding: Mrs. Lea Hauser, 1318 Waldron Road, #712, speaking on behalf of AARP, referred to the Ethel Eyerly Community Center Expansion and explained that the Center is used extensively and because of the inadequate facilities, meetings often overlap and they would like to have an addition to the building to provide another meeting room. Concurring with this request was Mr. Glen Wages. Mr. Jack Ratkovic, 13911 Sea Horse, representing the Silver Hair Legislature, also urged approval of the funding for this center and asked a large group of citizens from Flour Bluff who were in favor of this funding to stand. Mayor Turner called for comments from representatives of BB 4 CC who are requesting funding for the baseball stadium development. Mr. Mario Rincon, 4214 Barrera, urged approval of existing baseball recreational facilities. Mr. Elizondo explained to the Council that the initial staff proposal was for an allocation of $500,000 for improvements to the baseball fields at the Greenwood and Horne Road location where they would like to build new fields, but at the Planning Commission Meeting, the allocation was divided between the baseball stadium development and the improvements to the baseball recreational facilities at $200,000 each. Mayor Turner suggested that the speakers address the baseball stadium development first. Mr. Joe Adame spoke on behalf of funding for the stadium development. He pointed out the benefits of such a stadium, its effect on the young people, the possibility of students obtaining scholarships through their baseball skills, and eventually the publicity that would be afforded the City of Corpus Christi through the possible establishment of a minor league baseball team here in this City. He explained that for this purpose, there is a great need for a good facility that will accommodate spectators. He informed the Council that his group would still like to have the original $500,000 which was requested. Also speaking in favor of the stadium development funding was Mr. Butch Escobedo, 4609 Haverhill, who explained that they are not opposed to the rehabilitation of the existing fields but they do feel that the baseball stadium would be of greater benefit to the City of Corpus Christi because this is a baseball town which has a great deal of talent. Mr. Escobedo then introduced T T Minutes Regular Council Meeting May 17, 1988 Page 16 Mr. Lester Bedford who has produced a large number of national sports events in Corpus Christi. Mr. Bedford explained his interest in baseball and in developing a stadium for Corpus Christi which could eventually lead to the establishment of a minor league team. He stated that he would like to show two films for a total of 7 minutes of a typical stadium that BB for CC has in mind. Mayor Turner noted that the group's 10 minutes had expired and called on the proponents of the other baseball funding to speak. Mr. Mario Rincon spoke again and expressed the opinion that the baseball fields at Greenwood and Horne Road need to be improved and enlarged. He explained that their needs include improved lighting, a sewer line, improved drainage, and additional fields. He expressed the opinion that the stadium development is not proper use of CDBG funds. Ms. Susie Lurse, 4710 Hakel, spoke in favor of improving the existing baseball fields which include playing fields for the kickball leagues. Also speaking in favor of the baseball recreational facilities' funding was Mr. David Noyola. Mayor Turner then recognized the citizens who wished to speak on behalf of MHMR, which was not recommended for funding. Mr. Bill Blackburn, 4513 Greensboro, informed the Council that they had requested $200,000 for housing for the mentally retarded. He then introduced clients who are living in their existing facilities and a number of people responded. Mrs. Henrietta Newbury explained that the mentally retarded grow up in less than ideal family situations and the facility operated by MHMR for residents of Corpus Christi is the only one in the City where they can be taught to function independently. She explained that there is a shortage of funds and they would like to have the funding from the Development Block Grant Program. Mrs. Alicia Ruiz, 2606 Crestlea, explained that they had originally requested $250,000 but now they are asking for $200,000. She then recognized a resident of the existing facility, Ms. Patrica Portano, who also spoke in favor of MHMR funding. Speaking on behalf of Metro Ministries was Sister Mary Louise, 2930 South Alameda, who explained that Metro Ministries needs the funding in the amount $19,400 for restoration of the Loaves and Fishes building as well as an additional facility across the street. She provided information on the number of people that have been assisted by Metro Ministries and asked for the Council's approval for funding for these improvements. Minutes Regular Council Meeting May 17, 1988 Page 17 Mrs. Linda Lamona, 2514 Fiji, spoke in favor of the funding in the amount of $150,000 for Goodwill Industries as recommended by the Planning Commission which was not recommended by the City staff. She stated that they need the funds for renovation of their facility. She then introduced Board Members who were present in the audience. She explained that the purpose of their organization is for rehabilitation of handicapped clients who can become self-supporting through their program. She pointed out that this project meets the criteria for CDBG Funds. Reverend Elliott Grant, representing HIALCO, stated that their proposal was for $200,000 but they would be grateful to accept the $70,000 as recommended by the Planning Commission and the Planning staff. Also speaking in favor of the funding for the HIALCO area rehabilitation improvements were Mr. Cheyenne Eichelberger and Mr. Ernest Carter. Reverend Albert Stafford, 1029 Greenview Drive, spoke in favor of funding for an Outreach Program for the homeless people in Corpus Christi. Mayor Turner noted that Dr. Leo Carrillo, who was next on the list, was not present and suggested that the Council recess the meeting at 7:50 p.m. * * * * * * * * * * * * * Council Member Linda Strong presided in the absence of Mayor Turner and Mayor Pro Tem Bill Pruet and reconvened the public hearing at 8:14 p.m. Mr. Roland Gaona, speaking on behalf of Dr. Leo Carrillo, urged approval of the funding in the amount of $15,000 for lighting at Temple Park. He assured the Council that this would be their last request for CDBG funds. He stated that the Temple Park organization will raise additional funds and explained that the use of the park has greatly increased and they are in dire need of better lighting. Mr. Rudy Sosa, 614 Horne Road, spoke on behalf of funding for neighborhood centers of Corpus Christi. He described the services provided for the community by this group and stated that they need a multi-purpose building and they are in an eligible area. He informed the Council that they will invest $25,000 of their money; other groups have indicated that they will participate in the project; and if the City Council is hesitant to approve this grant, they will amend their request to consider the $75,000 as a loan. Mr. Gonzalez informed the Council that Mr. Sosa had indicated that they would pay the money back over a 30 -year period and Mr. Elizondo stated that both the Planning Commission and Planning staff are recommending an outright grant rather than a loan. T Minutes Regular Council Meeting May 17, 1988 Page 18 Also speaking in favor of this funding was Mr. David Noyola who stated that the reason they have indicated that they will accept a loan is because they are never sure how the City Council will vote on their grant allocations. Mr. George Clower, 304 South Morningside, spoke in favor of funding for Bethune Day Nursery and described the purpose which is to provide day care for low income families. He stated that the building they have been leasing will no longer be available in a few months and they only have until September to begin plans for replacement of the 46 -year-old building which they have occupied for 18 years. He stated that the building is in very poor condition; the original request was for $225,000; but they would be very pleased to receive the recommended $126,000. Mr. Joe A. Martinez, 3617 Beauregard, spoke on behalf of Nueces County Community Action Agency and urged approval of the allocations for both the weatherization program and the Carver Headstart Program. Mr. Ray Harding, 903 North Chaparral, requested approval of the recommended $7,500 for additional amenities in Artesian Park. He stated that the funds will be used for water fountains and park benches as well as improved lighting which will help to clean up and revitalize the downtown area. Council Member Guerrero stated that he would like to see the films referred to by Mr. Bedford in connection with the funding of the stadium development. A motion was made by Council Member Guerrero to view the two films on baseball. The motion was seconded by Council Member Schwing and failed to pass by the following vote: Guerrero, Schwing, Slavik voting "Aye;" Strong, Moss, Rhodes voting "No." A motion was made by Council Member Moss that the hearing be closed, seconded by Council Member Rhodes and passed. Council Member Rhodes inquired about the location of the proposed MHMR facility, and a representative of MHMR replied that they are negotiating for the purchase of a proposed site. There being no further business to come before the Council, on motion by Council Member Moss, seconded by Council Member Slavik, and passed, the regular council meeting was adjourned at 8:50 p.m. T r 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PLANNING COMMISSION AND STAFF RECOMMENDATIONS 14th Year Entitlement Funds Available from Reprogramming Program Income from Rehabilitation Loan Repayments TOTAL FUNDS AVAILABLE FOR THE 14TH YEAR PROGRAM Planning Commission Parks, Playgrounds and other Recreational Facilities Baseball Stadium Development 200,000 Baseball Recreational Facilities -0- Ethel Eyerly Community Center Expansion 75,000 Temple Park Lighting 15,000 Artesian Park Improvements 7,500 Street and Utility Improvements Allen School Area Phase rI Street Lighting Upgrade and Improvements San Juan Area Street Design San Carlos Street & Utility Improvements Elimination of Blight and Slum Code Enforcement Demolition/Relocation Neighborhood Facilities Corpus Christi Metro -Ministries Rehabilitation Hialco Area Rehabilitation Imp. Neighborhood Centers of C.C. NCCAA Carver Headstart Goodwill Industries Bethune Day Care Rehabilitation Loan & Grant Program Single Family Rehabilitation Emergency Grant Program Rental Rehabilitation Rehabilitation Administrative/Services CDBG Administration Housing Grant -Assistance Paving Assessment Grants NCCAA Weatherization Program Planning and Administration Comprehensive Planning Landmark Commission Economic Development Development Service Center 10DOC2 500,000 150,000 50,000 100,000 66,000 50,000 19,400 70,000 75,000 50,000 150,000 126,000 1,000,000 565,000 50,000 500,000 200,000 2,800 29,100 35,000 100,000 3,500,000 250,000 440,000 4,190,000 Staff Initial Amended O 200,000 500,000 200,000 75,000 75,000 O 0 O 7,500 590,000 521,500 150,000 150,000 50,000 50,000 43,500 43,500 66,000 66,000 50,000 50,000 19,400 19,400 70,000 70,000 O 75,000 O 0 O 0 O 126,000 1,000,000 600,000 50,000 530,000 210,000 2,800 29,100 0 1,000,000 565,000 50,000 500,000 200,000 2,800 29,100 35,000 100,000 100,000 4,200 4,200 4,200 -0- 50,000 50,000 I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Council Workshop Meeting of the City of Corpus Christi of May 17, 1988 which were approved by the City Council on May 24, 1988. WITNESSETH MY HAND AND SEAL, this the ;.L day of—X�1. ( f die Armando Chapa, City Secret(dr City of Corpus Christi Betty Turner, MAYOR T T