HomeMy WebLinkAboutMinutes City Council - 02/28/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
FEBRUARY 28, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Frank Schwing
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayer Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Father Jack Kenna of St. Patrick Church
following which the Pledge of Allegiance to the Flag of the United States was
led by Council Member Mary Pat Slavik.
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.
Mayor Turner recognized Mr. Raul Rodriguez, a photographer in the
community, who presented the Mayor with a beautiful picture of the Corpus
Christi area.
Mayor Turner recognized Sergeant Olivarez of the Police Department who
commented briefly on a program adopted by the Police Department and members of
the Student Advisory Council of Martin Middle School. Sergeant Oliveria
introduced the Principal of Martin Middle School who introduced the Student
Advisory Council and the Counselor affiliated with this program.
Mayor Turner called for approvalof the Minutes of the Regular Council
Meeting of February 21, 1989, and there being no additions or corrections, she
proclaimed them approved as written.
Mayor Turner called for consideration of Consent Motions 1 thru 4.
MICROFILMED
inutes
Regular Council Meeting
February 28, 1989
Page 2
There were no comments from the Council or the audience on Items 1 thru 4.
A motion was made by Council Member Slavik to approve Motions 1 thru 4;
seconded by Council Member Pruet and passed unanimously; Strong absent at the
time the vote was taken.
1. M89-0051
7
Motion approving a supply agreement for ferric sulfate with Van Waters and
Rogers, Inc. based on low bid of $52,835.20. The term of the contract will
be twelve mcnths with option to extend for up to an additional twelve
months subject to the approval of the supplier and the City Manager or his
designee. The material will be used by the Water Division for treatment of
our water supply.
M89-0052
Motion approving a supply agreement for pavement marking paint with Ennis
Paint Mfg. Company based on the low bid of $41,892.82. The term of the
contract will be twelve months with option to extend for up to an
additional twelve months subject to the approval of the supplier and the
City Manager or his designee. The paint will be used by Traffic
Engineering.
3. M89-0053
Motion approving the award of a supply agreement for lubrication service to
American Maintenance Group for an estimated annual expenditure of $12,000,
based on low bid. The term of the contract will be twelve months with an
option to extend for up to an additional twelve months subject to the
approval of the supplier and the City Manager or his designee.
4. M89-0054
Motion approving the purchase of a four wheel drive tractor with a 20'
rotary mower from Nueces Ford Tractor, Inc. for $45,995 based on low bid.
The tractor will be used by Aviation Department and is included in the
1988-89 Capital Outlay Budget.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 5 thru 12 and a
Council Member requested that Items 8 and 10 be withheld for discussion.
motion was made by Council Member Slavik to approve Motions 5, 6, 7, 9,
11 and 12; seconded by Council Member Strong and passed unanimously by those
present and voting; Schwing absent at the time the vote was taken.
linutes
Regular Council Meeting
February 28, 1989
Page 3
5. M89-0055
Motion approving the purchase of pickup trucks and cargo vans from the
following, based on low bids. All items are included in the 1988-89
Capital Outlay Budget. Twenty bid invitations were issued and four bids
were received.
Hendrix GMC (8 units) $ 77,172.00
Austin, Texas
Creveling Motors (51 units) 489,042.14
Corpus Christi, Texas
Port City GMC (3 units) 37,383.00
Corpus Christi, Texas
Total $603,597.14
6. M89-0056
Motion awarding a contract for $139,423.90 to R. S. Black, Civil Engineers
and Contractors, for renovations to Lift Statior "B", located at Coastal
Avenue and Surfside Boulevard.
7. M89-0057
Motion authorizing the City Manager to execute the necessary contract to
allow for the construction of new facilities at the Goodwill Industries
site.
9. M89-0058
Motion authorizing the City Manager to execute the necessary amendment to
the agreement with the Center for Hispanic Arts to allow for an additional
115 -day extension to begin construction of the facility.
11. M89-0060
Motion authorizing the ratification of a lease agreement entered into by
the Police Department with Dana Commercial Credit for the leasing of
teletype equipment from Layton and Associates at a total cost of $37,620
over a five-year period.
. M89-0061
Motion approving a contract with Mr. Bruce Haddad as Head Golf Fro at Gabe
Lozano, Sr., Golf Center through July 31, 1991.
* * * * * * * * *
r
linutes .
Regular Council Meeting
February 28, 1989
Page 4
Pertaining to Item No. 8 on the Execution of an Amendment to the Headstart
Center Agreement with the Nueces County Community Action Agency, Council Member
Slavik inquired about the difficulty in hiring the architect, and Assistant City
Manager Elizondo indicated that the architect was not hired because the
necessary effort was not made.
City Manager Garza indicated that he would like to withdraw Item No. 8,
stating that there is a continuing concern in the CDBG Program relative to the
City's ability to spend the money within the required time.
Council Member Berlanga stated that he has been involved in this project
and pointed out that there has been a change in the directorship in the
Community Action Agency which has made differences in adhering to strict
guidelines. Mr. Berlanga urged that this program not be stalled or done away
with.
City Manager Garza noted that the program will not he delayed; he would
like to have a meeting with the people involved to work out a time schedule; and
then it will be presented to the Council.
Mr. Joe Martinez, Executive Director of the Community Action Agency, noted
that the plans have been drawn; an architect has been hired; and he will meet
with the City Manager to discuss the time frame.
In reference to Item No. 10
Donation, Council Member Slavik
Manager Hennings indicated that
artwork is donated. Mr. Hennings
relative to some
recommendation
en the Art Review Panel for Proposed Artwork
inquired about the cost, and Assistant City
there no costs involved because the
expense involved
projects and
will be
noted that there will be some
site improvement work for one of the
will be forthcoming to the Council.
a
A motion was made by Council Member Moss to approve Item No. 10; seconded
by Council Member Slavik and passed unanimously.
8. Withdrawn
Flet#ee-ate{ et4e4 rg--t4)-e-47i-e--P4axage-e-ee-etceetrsrtorr-neeesse-ameStfteet-te
tke-Aeadseaft-Gentef-Agfeement-te-a}}ew-€ee-ae-ead#t#ena}-}}(a-day -em*ens#en
te-Heg#n-ehe-eenstreet#en-e€-eke-Heedetatt-Heetn#ng-and-6emmen#ty-6eneei-#n
tke-Me##ns4bee-£ne#nee-end -Spelin-Heegte-Aree-
10. M89-0059
Motion authorizing the Municipal Arts Advisor: Committee to appoint an art
selection panel to review proposed artwork donations to the City's
collection.
* * * * * * * * * * * :; *
inutes
Regular Council Meeting
February 28, 1989
Page 5
Mayor Turner called for consideration of Resolutions, Ordinances and
Ordinances from previous meetings on Items 13 thru 17.
Pertaining to Items 13 and 15 on Annexations Contracts and Ordinances for a
1.5 acre tract of land being platted as King's Crossing West, Unit I, Lot 1,
Block 2 and King's Crossing (96.0 acres), Council Member Slavik inquired if the
City has spent money on these two pieces of property, and City Manager Garza
indicated that there has been no money spent relative to these projects.
Council Member Slavik inquired about the cost figure to annex, and Director
of Planning, Brandol Harvey, indicated that there should not be any additional
costs to the city, noting that the property owners will be responsible for
putting in place all infrastructure to serve their property. He stated that
there will be no capital improvements related to this annexation to the City.
Council Member Slavik expressed concern that there is only one reading of
the ordinance on Item No. 13, whereby Nos. 14 and 15 are en three readings,
stating that it is very unusual. She noted that the public is concerned and
that if it is turned down by the voters in April, it could be brought back for
contractual annexation.
City Manager Garza indicated that there is nothing at all negative about
this proposal; it would not affect the City; and it would help get them on the
tax rolls. Mr. Garza stated that there have been no objections; it is favorable
to the City; and it will add to the City's tax base. Fe pointed out that the
City's contractural annexation is ongoing.
Mrs. Slavik inquired about the local representative of the People's
Heritage Federal Savings and Loan, and City Manager Garza indicated that he will
check that out for Mrs. Slavik.
In answer to a question from Council Member Rhodes, Mr. Garza noted that
the City will not spend money outside the City limits.
Mr. David Hull, 10701 South Padre Island Drive, stated that he thought Mr.
Ed Martin is the representative of the People's Heritage Federal Savings and
Loan. Relative to Item No. 15 pertaining to the 96 acres, Mr. Hull pointed out
that when the City annexes, the City will be responsible for providing fire
service outside the City limits.
Mr. J. E. O'Brien, 4130 Pompano, referred to the annexation booklet and
quoted figures out of the booklet pertaining to the 96 acres. Mr. O'Brien
stated that relative to the 96 acres which is B-11 and B-12 in the booklet, the
City will receive $59 on B-11 and $16 on B-12 by annexing these 96 acres.
Council Member Rhodes pointed out that she did not think adding to the tax
rolls is the only reason that the City annexes.
r r
.4inutes
Regular Council Meeting
February 28, 1989
Page 6
In response to Mrs. Slavik's previous question, City Manager Garza
indicated that the representative for People's Heritage Federal Savings and Loan
is Mr. Ed Martin.
City Secretary Chapa polled the Council for their votes and the following
were passed:
13. ORDINANCE NO. 20607
ANNEXING 1.5 ACRES OF LAND OUT OF LOT 25, SECTION 6, FLOUR BLUFF ENCINAL
FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
PEOPLE'S HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH
1.5 ACRES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; AND PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance was passed by the
following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes
and Strong voting, "Aye"; Slavik voting, "No."
14. FIRST READING
ANNEXING 2.973 ACRES OF LAND GUT OF LOTS 21 AND 22, SECTION 21, FLOUR BLUFF
ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, COMPRISING A PORTION
OF THE AREA KNOWN AS RODD FIELD VILLAGE; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWESTERN
BELL TELEPHONE AS OWNERS OF SUCH 2.973 ACRES; FINDING ALL OF SAID LAND TO
LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; AND PROVIDING
FOR SEVERABILITY.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
15. FIRST READING
ANNEXING 96 ACRES OF LAND CONSISTING OF TWO TRACTS COMPRISING PORTIONS OF
FRACTIONAL SECTION 8, LOTS 16, 17, 18, 19, AND 20 SECTION 9, FLOUR BLUFF
FNCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT BETWEEN TEE CITY OF CORPUS CHRISTI AND
PEOPLE'S HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 96
ACRES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS,
AND ADJACENT THERETO; AND PROVIDING FOR SEVERABILITY.
r
'nutes
gular Council Meeting
February 28,-1989
Page 7
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting,
"Aye"; Slavik voting, "No."
16. SECOND READING
AUTHORIZING THE EXECUTION OF A TWO-YEAR LEASE AGREEMENT WITH JOHN B. RUSSO
AND THOMAS W. STEWART FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RANKIN
STREETS TO BE USED BY THE CITY STREET DIVISION FOR MATERIAL STORAGE AND
APPROVING THE RENTAL FEE OF $240 PER MONTH.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
17. SECOND READING
CLOSING AND ABANDONING NORTH SHORELINE BOULEVARD FROM THE. SOUTH LINE OF
PEARL STREET TO A POINT 100 FEET SOUTH; CANAL AVENUE FROM THE EXTENSION OF
THE EASTERLY RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH
HOTEL ADDITION, TO ITS WESTERN END AT SURFSIDE BOULEVARD; SURFSIDE
BOULEVARD FROM THE SOUTH RIGHT-OF-WAY OF CANAL AVENUE TO THE SOUTH LINE OF
PEARL STREET; BENNETT STREET FROM SAID EXTENSION OF THE EASTERLY
RIGHT-OF-WAY OF THE. PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH HOTEL ADDITION,
TO ITS END AT U.S. HIGHWAY 181; AND THE PUBLIC ALLEYS IN BLOCKS 3 AND 4,
BROOKLYN ADDITION AND BLOCKS 3 AND 4, CORPUS BEACH HOTEL ADDITION.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 18 relative to the Code
of Ethics Ordinance. She indicated that Council Member Rhodes and the staff
should be commended for their work on this project and she encouraged the
Council to move forward. Mayor Turner expressed some concern that not enough
input was secured from the public, particularly those named in the code.
Council Member Moss indicated that the public is very interested in a good
Code of Ethics, stating that the City needs to be able to attract people who are
successful business people that are interested in serving the City. Mr. Moss
indicated that he has some concerns relative to the code, but suggested that the
Council pass the Ordinance on the first reading, have a workshop session, and
solicit input from the various groups.
Mayor Pro Tem Schwing referred to the September workshop meeting on this
subject. He stated that he had asked that the Council be provided with a list
of members of the 12 -member task force headed by Council Member Rhodes and
indicated that has not yet been provided. Mr. Schwing indicated that as of this
date he does not know who the committee members are or the attorneys who worked
on the code of ethics. He indicated that Council Member Rhodes stated that she
did not think the disclosure would have to be in such detail that it would be
damaging to a business, noting that was not done. He stated that the Legal
Department had been asked for their opinion on the impact of such a requirement
and the Council has not yet been provided with that impact study. Mr. Schwing
stated that he also asked for an opinion as to whether a simple list of
"Minutes
gular Council Meeting
.ebruaYy 28, 1989
Page 8
disclosing sources
stated that Council
later date and each
it was presented in
Bray had suggested
section, indicating
of income would suffice and that has not been done. He
Member Rhodes had suggested that staff present the code at a
section could be voted on by the Council. He questioned why
total today. Mr. Schwing noted that Assistant City Attorney
that he would like to provide some comments section by
that the Council has not received those comments.
City Manager Garza indicated that
for some time; it was his decision to
Member Rhodes had wanted to schedule
Council should decide if there are any
the staff has been working on the project
place it on the agenda; and that Council
a workshop meeting. He stated that the
revisions in the Ordinance.
Mr. Schwing inquired again about the 12 -member committee and members of the
staff who worked on the ethics code and asked how long they have been working on
it, and Mr. Garza indicated that since he has been in office as City Manager,
his staff has done research on this project, stating that they began working in
earnest after September of 1987. He indicated that he worked with Asst. City
Attorney Jimmy Bray, Senior Assistant Tom Duran, Mrs. Rhodes, Mr. Moseley, Judy
Hale, and Mr. Butch Escobedo using codes of ethics from other cities and states.
Council Member Schwing asked Mrs. Rhodes if she had enough representation
on her task force to give her a broad base of information to come up with these
recommendations.
Council Member Rhodes commented on the committee members, noting that
extensive research was done by Ass't. City Attorney Jimmy Bray and other staff
members. She stated that she studied ethics codes from the state, from Austin,
San Antonio, Dallas, Santa Fe and El Paso. She noted that she received input
from engineers, teachers and studied various state and city codes. She
indicated that the Council was provided a rough draft of the ordinance. Mrs.
Rhodes indicated that Council Member Schwing was not being up front about his
real objections.
Council Member Guerrero indicated that the ordinance is in question, not
how it was arrived at. He objected to Council Member Schwing's intimidation of
another Council Member and suggested a five-minute recess.
Mayor Turner declared a five-minute recess at 2:50 p.m.
Mayor Turner reconvened the Council Meeting after a ten-minute recess and
asked for input from the Council regarding Section 1 of the proposed code of
ethics.
Council Member Strong noted that she has several questions which need to be
answered, indicating that she would like to make a written list which she will
give to the City Manager with a copy to the Council. Mrs. Strong suggested
passing the Ordinance on the first reading and have a workshop session with
input from various business organizations and anyone else who has concerns.
Mrs. Strong then elaborated on various questions she had relative to the
different divisions and sections of the code.
linutes
Regular Council Meeting
February 28, 1989
Page 9
Council Member Pruet indicated that he had some concerns relative to
Section 2-312 concerning the Declaration of Policy. Mr. Pruet noted that the
Council has never set guidelines for the type of code they want, indicating that
they should decide what they want the code of ethics to address.
Council Member Berlanga indicated that the overall concept of the code is
excellent, but a workshop session should be held to iron out the concerns of
some Council Members relative to the section on disclosures. He indicated that
the City's code of ethics should comply with the state code of ethics. Mr.
Berlanga indicated that it should not be the intent of the code to hurt anyone.
City Manager Garza indicated that it is the Council's intent to adopt the
revised code of ethics before the election. He referred to a section of the
proposed code and stated that it should include a provision to allow the City to
support non-profit organizations and conventions. Mr. Garza suggested that
language be added to the end of Section 14.
Mayor Turner inquired how many cities in Texas follow the state ethics
code, and City Manager Garza responded by stating that most of the smaller
cities do follow the state guidelines and that he will provide Mayor Turner with
that answer.
Mayor Turner indicated that she wanted clarification of what kind of
conduct is acceptable for City officials. She indicated that the Council is
interested in promoting the confidence of the public and it is the Council's
responsibility to declare, abstain and avoid conflicts. She indicated that the
code should be relevant, clear and enforceable.
Council Member Pruet reiterated that the Council has never set a policy or
given guidelines to the task force or the staff as to what they want, stating
that the Council has to set the policy.
Discussion on this subject followed by various Council Members and staff,
and Mayor Turner requested a list of the various organizations and professional.
groups which were contacted.
A motion was made by Council Member Strong to conduct a workshop on this
topic on March 14 and to have the second and third readings of the Ordinance on
March 21 and March 28 respectively. The motion was seconded by Council Member
Moss.
in answer to a question from Council Member Slavik, Ass't. City Attorney
Jimmy Bray noted that passing an ordinance today will not affect the candidates
in the election, stating that it will affect the new Council taking office
because they will have to start reporting their disclosures at the end of April.
Mr. Bray noted that the actual effective date of the Ordinance is within the
Council's discretion.
iinutes
Regular Council Meeting
February 28, 1989
Page 10
The aforementioned motion passed by the following vote: Turner, Schwing,
Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero voting,
"No."
Mayor Turner stated that she would like copies of the proposed code
distributed to the Corpus Christi Chamber of Commerce, the Hispanic Chamber of
Commerce, the Nueces County Bar Association Associations and other interested
organizations.
Mr. Philip Rosenstein spoke in favor of the ordinance and referred to a
saying, "if you can't stand the heat, get out of the kitchen." Mr. Rosenstein
indicated that the code of ethics should include minimum standards and not less
than any state standards and/or other Texas cities.
Ms. Dorothy Spann, 502 Del Mar, expressed concern that the code of ethics
will promote too much unanimity on the Council, stating that there should be a
broad cross section of candidates in the City Council elections. Ms. Spann
stated that she hopes that the code of ethics will not delete the entrepreneur or
others from participating in City government.
Mr. George Magel, District 4 candidate in the City election, stated that he
is a small businessman and has no problems with the code of ethics, indicating
that elected officials should be able to furnish disclosure statements
pertaining to their business dealings.
Mr. Bob Reyna, 1821 Roslyn, stated that he has nothing against the code of
ethics, indicating that the Council should adhere to a strict code of ethics.
Mr. Abel Alonzo spoke in favor of the code of ethics and stated that the
Council should stand by the code of ethics and not be ashamed to disclose their
financial status.
Council Member Rhodes pointed out that the proposed code is weaker than the
City of Austin's code, stating that the man who authored the code has said that
it has made no difference in the type, spectrum or background of the individuals
who apply to run for Council. She stated that the code provides the public with
the information they need to know relative to who is influencing the Council
Members.
City Secretary Chapa polled the Council for their votes and the following
were passed:
18. FIRST READING
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE V, TO ESTABLISH
RULES OF CONDUCT FOR CITY OFFICIALS, EMPLOYEES, AND BOARD MEMBERS, AN
ETHICS REVIEW PANEL, FINANCIAL DISCLOSURE, AND FINES AND PENALTIES FOR
VIOLATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
'anutes
Regular Council Meeting
February 28, 1989
Page 11
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
Mayor Turner called for consideration of Item No. 11 pertaining to the
second reading of the Mustang -Padre Islands Area Development Plan.
Council Member Slavik indicated that she had some concerns about endorsing
a specific site for a boat pass and about including limited purpose annexations.
She stated that it is a very important plan; she would like to have a unanimous
decision on this plan; but that she does not choose to vote for this as it
presently stands. Mrs. Slavik asked if the Council would consider substituting
the word "boat pass" for Packery Channel. Mrs. Slavik expressed concern about a
lawsuit in future years and stated that there is no money in the City to build a
boat pass; a boat pass would be a good thing; but that to put in a specific boat
pass is wrong.
Council Member Rhodes indicated that she would like to see in this plan a
map of the wetlands, and Planning Director Harvey stated that there is no such
plan, noting that the wetlands change over time. He indicated that the City is
working with the Corps of Engineers to identify wetlands and that it would be
improper to include it in the plan because they keep changing. Mr. Harvey
indicated that the plan does call for an accelerated identification of wetlands
by the City working with the Corps.
Council Member Rhodes stated that the plan does not address some of the
concerns brought up by Dr. Morton relative to the greenhouse effect and that
the natural receding of the coastline should be addressed in the plan. Mrs.
Rhodes stated that the plan states that you can build out over the property as
long as it does not affect the long shore process, and that she has been told
that is a geological impossibility. She also stated that there is nothing in
the plan that addresses the drainage problem. Mrs. Rhodes referred to a slide
show which shows the effect of development on the shoreline and indicated that
she would like the Council to see this slide show to see the damage which can be
done.
Mrs. Rhodes moved that next week the Council invite the geologist to show
the slide show to the Council prior to the vote on the Ordinance. The motion
was seconded by Council Member Slavik who also indicated that she would like to
see the slide show. The motion failed to pass.
Council Member Pruet commented on various plans which are prepared well in
advance of their need and and commented on the actual purpose of a plan. He
stated that by supporting this plan, the Council is saying that they see a need
for planning and control of development on the island. Mr. Pruet stated that
this is just a plan and a long-range view of what will happen on the island in
Years to come.
dnutes •
Regular Council Meeting
February 28, 1989
Page 12
Ms. Virginia Henderson, 257 Rosebud, a coastal geologist, stated that the
City is making a long-term plan for something which might not be there in the
long-term future. She expressed concern, stating that developing the island
should be done as carefully as possible.
Mr. Gar Johnson, President of the Padre Isles Business Association and
General Manager of the Holiday Inn, indicated that the Business Association
favors this plan. He indicated that the island has to have a plan; the plan may
not be perfect; but that it is better than nothing.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed on second reading:
19. SECOND READING
ADOPTING THE MUSTANG -PADRE ISLANDS AREA DEVELOPMENT PLAN, AN ELEMENT OF THE
COMPREHENSIVE PLAN.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, and Strong voting, "Aye";
Rhodes and Slavik voting, "No."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
20. Application No. 189-2, Mr. Thomas L. Perryman: For a change of zoning from
"B-1" Neighborhood Business District to "B-4" General Business District on
Lot 1-A, Gust Heye Subdivision, located on the northwest corner of Horne
and Kostoryz Roads.
Mayor Turner noted that both the Planning Commission and Planning Staff
recommend denial of the application, and in lieu thereof, grant a special permit
for an auto sales lot with 3 conditions in accordance with the site plan
submitted.
No one from the audience spoke in regard to this zoning application.
Mayor Turner inquired if the special permit is acceptable to the applicant,
and he acknowledged in the affirmative.
A motion was made by Council Member Strong to close the public hearing;
seconded by Council Member Slavik and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
4inutes
Regular Council Meeting
February 28, 1989
Page 13
ORDINANCE NO. 20608
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THOMAS L. PERRYMAN BY
GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO SALES LOT ON LOT 1A, GUST
HEYE SUBDIVISION; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes,
Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner referred to Item No. 21, stating that she will abstain from
voting and participating in the hearing because her husband is the architect for
the owner of the subject property.
Mayor Pro Tem Schwing opened the public hearing on the following zoning
application:
21. Application No. 1288-8, Mr. Elmo V. Jackson dba Elmo Inc.: For a change of
zoning from "B-2" Bayfrcnt Business District to "B-6" Primary Business Core
District on Lot 2, Block G, Brooklyn Addition, located on the northeast
corner of North Shoreline Boulevard and Pearl Street.
Mayor Pro Tem Schwing stated that the Planning Commission recommends denial
of the application, and in lieu thereof, grant a special permit for a restaurant
limited to 4,000 square feet in area, with 10 parking spaces in accordance with
the site plan submitted and the Planning Staff recommends denial of the
application.
City Planner, Alice Terrall, located the area on the zoning and land use
map, described the land use in the vicinity and showed slides of the area.
Mr. Brandol Harvey commented on a summarization of the public hearings held
pertaining to the proposed restaurant and provided the Council with background
information on the zoning application. He indicated that Mr. Elmo V. Jackson is
requesting a zoning change from "B-2" Bayfront Business District to "B-6"
Primary Business District in order to operate a restaurant without provision of
the required parking of the existing zoning district. He stated that the
applicant is proposing a 4,000 square foot restaurant to be constructed on the
existing platform which, under the current zoning, would require provision of
forty parking spaces. He stated that the water area, over which the platform
structure is located, is owned by the city; utilization of this City -owned
property requires an agreement or lease approved by the City Council; and the
nature of the zoning ordinance is such that the applicant may make this request
for rezoning of the privately -owned upland area needed to provide parking
although he does not have an agreement with the City to use the platform over
the water to construct the use which generates the need for the parking.
Mr. Harvey noted that the applicant's contention is that he should he
granted a waiver of the parking requirement because he anticipates a large
iinutes
Regular Council Meeting
February 28, 1989
Page 14
amount of "walk-in" traffic generated from the aquarium and that parking is
available on the aquarium site and along Shoreline Boulevard. Mr. Harvey
elaborated on the staff's concerns pertaining to the parking issue and provided
an explanation for the recommendation of the Staff and the Planning Commission.
Mr. Harvey pointed out that because of the opposition to this zoning
application, the twenty -percent rule is in effect.
Mr. Harvey continued by stating that the important thing to consider is
the impact to the surrounding properties and whether it is good planning and
good zoning practice. He stated that the Planning Commission wants the North
Beach to develop and that the shortfall of parking is not detrimental enough to
warrant denial and felt that a special permit would be appropriate. He stated
that staff feels that there are a number of other possible applications that
have the same characteristics and they would be hardpressed to approve this
application and deny similar applications. He noted that staff is preparing the
area Development Plan for Corpus Christi Beach which will be forwarded to the
Planning Commission and City Council in May or June for public hearings. He
indicated that staff feels it is premature to grant a special permit for reduced
parking at this time because there is an insufficient amount of parking in the
area.
Council Member Rhodes questioned the parking if there are only ten parking
spaces, and Mr. Harvey replied that the applicant's philosophy is that they use
the aquarium parking lot, stating that the aquarium is opposed to it.
Council Member Slavik expressed concern about setting a precedent, pointing
out the various groups that have turned this application down. She indicated
that this is not good planning; it is wrong to make exceptions; and there is
other land available for development. Mrs. Slavik indicated that it would be a
mistake to grant this variance because of the precedent it will set and that she
she will vote against it.
In answer to a question from Council Member Guerrero, Planning Director
Harvey commented on the letter from the Texas State Aquarium stating their their
opposition is to the effect that no individual zoning to allow reduced parking
should be approved until there is a comprehensive parking study done. Mr.
Guerrero inquired about a parking garage, and Mr. Harvey responded by stating
that he is not aware of any public parking plans, but that there has been some
recent discussion of a private property owner putting up a parking garage. He
indicated this would be located six blocks away from the proposed area and would
require rezoning.
Council Member Rhodes commented on a letter from Mr. a Mr. L. Vern Warner
relative to a parking garage.
Council Member Moss inquired if the City paid for the land for the parking
for the aquarium, and Mr. Harvey indicated that justification for the
condemnation and acquisition was to provide parking for the state aquarium.
r
inutes
Regular Council Meeting
February 28, 1989
Page 15
Mr. Moss indicated that because this application is to use some of the City
financing plan for parking, it would seem to be unfair to some other restaurant
operators who have to provide their own parking.
Council Member Berlanga expressed the opinion that the Council should
withhold a decision on the application untilthe development plan is presented
to the Council.
Mr. Elmo Jackson, 3629 Castle River, indicated that Planning Director
Harvey is incorrect in a couple of statements, noting that he never did state
that he intended for the aquarium to become his parking lot. He briefly
commented on the Planning Commission hearing and stated that Mr. Harvey's
description of the last Planning Commission meeting vote was incorrect. Mr.
Jackson stated that he is not asking for a special favor, but asking the Council
to do something which makes sense. Mr. Jackson provided an explanation of his
intentions for Corpus Christi Beach, indicating that with construction of the
aquarium, tourists will need nearby restaurants and shops to visit. Mr. Jackson
commented on a Travel Magazine pertaining to an article on the Baltimore
Aquarium and he described a number of amenities such as restaurants, shops,
water transportation, etc. that are located in the area of the Baltimore
Aquarium.
Mr. Jackson continued by expressing the opinion that parking spaces are not
that important because hotels usually have shuttle buses that will transport
people to the aquarium location. He also expressed the opinion that his
proposed restaurant would be ar asset for tourism.
Council Member Rhodes stated that she has a problem with the twenty percent
rule that is in effect and expressed concern over the recent controversy that
occurred when the City attempted to purchase property owned by a lady and for
which the City paid a large amount to acquire four parking spaces for the
aquarium. She pointed out that it certainly does not seem fair to now allow
another business to use parking spaces designated for the aquarium.
Council Member Moss stated that he has the same problem and questioned
waiving the parking requirements for a restaurant which is actually a private
enterprise.
Mr. Jackson stated that he felt that a lot of his customers will he from
the aquarium which will represent pedestrian travel.
Mr. Harvey responded to some of the statements made by Mr. Jackson, one
being that Mr. Jackson did indicate that parking would be available at the
aquarium site. Mr. Harvey continued by stating that the Area Development Plan
will examine the parking needs in the Corpus Christi Beach area, and if the City
Council approves this special permit today, the public is going to be forced to
plan for future parking garages in this area.
r
iinutes
Regular Council Meeting
February 28, 1989
Page 16
Mr. Jackson stated that he is a native of this City; he believes in this
City; and he does not wish to create a hostile situation. He stated that he is
just encouraging development of this area.
Council Member Pruet commented on the Baltimore Inner Harbor and pointed
out that one of the things they advertise is that they provide 30,000 parking
spaces for their aquarium area.
Council Member Pruet stated that it is a sad commentary on the Council and
staff that they have known about the aquarium and have not yet begun to make
provisions for the development of Corpus Christi Beach. Mr. Pruet expressed the
opinion that to not have started plans is very shortsighted and working to the
detriment of the Reinvestment Zone. He indicated that he will not be able to
support Mr. Jackson's request.
Mr. George Magel, candidate for the District 4 City election, spoke in
favor of the application, stating that this is a businessman who is willing to
open a restaurant and invest $500,000 and if his application is denied and
nothing is built on that property, who else will do it.
Mr. Leslie Mabry, a property owner in the area, spoke in favor of the
application. Yr. Mabry commented on previous parking plans for the area and
urged the Council to take into account the staff's ideas of not only creating a
land use plan but a linkage connection to Corpus Christi Beach from the center
of town.
Mr. Wayne Johnson, 4110 Ocean Drive, owner of the subject property, spoke
in favor of the application and read from a prepared statement. He indicated
that the Aquarium Association purchased the property from him and that he
donated $650,000 worth of land to the aquarium. He suggested that donated land
be used for the parking.
Mr. Wayne Johnson, 6238 Park Lane, Dallas, indicated that the Aquarium
Association is not against the special permit. He stated that he spoke with
Messrs. John Dorn and R. C. Allen and they are in favor of more controlled
growth and quality businesses on Corpus Christi Beach. Mr. Johnson stated that
he hopes that there will be more facilities on Corpus Christi Beach to entertain
the people visiting the aquarium and that the area plan will be developed soon.
He indicated that parking will come when the demand is there.
Mr. Jackson indicated that he would like to withdraw his application for
the special permit, but requested that something be done now about the parking
problem on Corpus Christi Beach.
linutes
Regular Council Meeting
February 28, 1989
Page 17
City Manager Garza indicated that the City would like Mr. Jackson to locate
on Corpus Christi Beach and staff will work with him. He stated that the
Planning Commission is working on a development plan for that area which will be
brought to the Council in May or early June.
Council Member Strong expressed concern whether Mr. Jackson will have to
pay the fees again and go through the entire application process. She
indicated that it would be smoother to table the application and come back to
the Council once a policy for public parking is established at Corpus Christi
Beach.
Mr. Jackson inquired if it would be better to table the application, and a
motion was made by Council Member Strong to table the application for 120 days;
seconded by Council Member Guerrero.
Council Member Rhodes indicated that it would be better to let the
applicant withdraw his application, noting that the Council could waive the
fees. Mrs. Rhodes also did not think it would be fair to table the application
and not hear from the opposition.
A motion was made by Council Member Slavik to close the public hearing;
seconded by Council Member Rhodes. Note: This motion was never voted on.
Council Member Strong withdrew her motion to table the application.
The Council and staff discussed whether or not the application should be
tabled, or if the application should he withdrawn and the fees dismissed upon
reapplication.
Mr. David Royal, 2801 North Shoreline, an opposer of the application,
stated that if the applicant is going to withdraw his application, the
opposition does not need to speak, but if the application is to be tabled, the
people in opposition would like to comment.
Mr. Jackson again withdrew his application until a future time when it
would be more appropriate.
Withdrawn
AMN114N6-TNE-EAN;N6-0-{i i3AAl€£-4'£f?N- APP3ri-GAT-10N 4G V-r-J-AGKSG?-B&A-EbN4A
?N6--BY-6RANTN6-A-SP£6IAb-CAUNA;{:-P£RN�S-EAR-A-REFTARANT-b£PMTED-TA-4rAAA
SQUARE- FSprF-s*=-AR£A;-4.1444--14).--kA42 441,:6--SPA66S-- 2,OVFi-1-P1G-414--bANPSGAPE
REQU£REMENT6-44;--PPA6iD£D-$&-341tD-Ali-AN-,--PN-4,04=-2---- .ACIi-{T,--SRAPKLYN
ADD;THAN;-AND -D£6bAR;NA-AN-MR6£NGIF
* * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
inutes
Regular Council Meeting
February 28, 1989
Page 18
City Manager Garza informed the Council that he will appoint Commander
Henry Garrett, who was temporarily assigned to the City Manager's office pending
his retirement, as Director of Emergency Preparedness, stating that office will
report directly to the City Manager.
Mr. Garza noted that the deadline request for radio communication proposals
is today at 5:00 p.m., stating that the City received one from GE and from
Motorola.
Mr. Garza referred to the motion made at last week's Council Meeting
relative to the banning of alcohol in City parks close to schools and stated
that for the record, the Minutes should reflect that the request came from the
U.S. Open Pro Am Sailboard Committee and not from the Caller -Times.
A motion was made by Council Member Rhodes to accept the addition to the
Minutes of the Council Meeting of 2/21/89; seconded by Council Member Moss and
passed unanimously.
Mr. Garza presented the Council with the Quarterly Financial Report for
January 31, 1989. He briefly commented on the report, stating that revenues and
expenditures are falling in line with the projections. He stated that revenues
are generally exceeding expenditures with some exceptions such as the Emergency
Medical Service Fund, Golf Centers Fund, and the Self Insurance Fund. Mr. Garza
indicated that the City will face a challenging budget next year, and that the
Council needs to study which priorities they want to follow. He indicated that
if the Council's priorities have changed, tc please get that information to his
office. Mr. Garza indicated that a workshop is planned for March 21 relative to
a bond sale pertaining to the needs of the wastewater fund.
Mayor Turner indicated that she is very much interested in bringing up the
Police Force to full complement and inquired if Chief Olson could be directed to
give a recommendation as to the number of officers he will reed over the next
four years to bring the Police Force up to full complement, and City Manager
Garza indicated that Chief Olson has indicated that it would be ninety police
officers.
The issue relative to the police officers received a short discussion by
members of the Council.
In answer to a question from Council Member Slavik, City Manager Garza
indicated that the staff reviewed all capital outlay needs for the community and
the financing capacity from taxes presently will not support any kind of a bond
sale unless the City increases taxes. He stated that the City has some needs in
the wastewater fund, noting that there is 575 million worth of needs in the
wastewater fund and there is only S8 million. Mr. Garza indicated that the
workshop on March 21 will address wastewater needs and that an overall
presentation of the overall capital needs for the City will be forthcoming to
the Council.
Mr. Garza indicated that there are a number of legislative bills concerning
water rights. He noted that he would like to hire a law firm on a contingency
linutes
Regular Council Meeting
February 28, 1989
Page 19
basis, not to exceed $10,000, which has previously been used by the City for
lobbying. Mr. Garza indicated that this idea was recommended to him by Paul
Werner, the City Water Superintendent.
* * * * * * * * * * * * *
Mayor Turner called for liaison and other reports from the Council.
Council Member Berlanga requested an organizational chart of the police
substations. Pe inquired about the number of substations, the number of people
manning the police substations and the number of work hours.
Council Member Slavik indicated that several weeks ago she requested a list
of properties that were purchased out of the water fund for the last five years,
and Assistant City Manager Jesus Garza noted that staff will compile that list
for Mrs. Slavik.
Mrs. Slavik referred to a request from the RTA that the City join in with
other public entities in support of cruise ship operations. She encouraged the
Council to join the RTA in bringing a Resolution in strong support of this Bill.
Mayor Turner asked for an update on the cruise ship legislation, and
Assistant City Manager Tom Utter indicated that the cruise ship legislation
seems to be moving fairly well thru the state legislature; the vast majority of
coastal cities are supporting it; and the Chamber, the Port and the City are
supporting it.
Mrs. Slavik inquired if the Staff is aware of the City having to rebate
one-half million dollars to the State for general franchise taxes, and Assistant
City Manager Debra Andrews stated at this point and time, the staff does not
know what the amount is, noting that the letter was just received, and Assistant
City Manager Tom Utter explained that the State of Texas has always in franchise
taxes instituted a certain type of methodology. He offered a brief explanation,
noting that a bill was introduced; it is moving forward rapidly; and if the bill
does not go thru, there may have to be a rebate.
Council Member Rhodes referred to a previous discussion on alley closings
and the closing of Tenth street brought up by Mr. Musslewhite and urged the
Council to check it out. She stated that they do not look like alleyways; each
one of them is being used by the businesses; and without the space, the
businesses could not exist. She requested the staff to reevaluate the
situation.
Assistant City Manager Jesus Garza noted that he and the Engineering
Services Director, Carl Crull, are studying the situation and working out the
details. He indicated that the alleys are not being used for public purposes,
but are being used for private purposes, noting that it was staff's intent when
`.inutes .
Regular Council Meeting
February 28, 1989
Page 20
the closures were brought before the Council to deobligate the City of any kind
of responsibility on alleys used for private purposes.
Mrs. Rhodes commented on the closure of Tenth Street and described the
area.
Assistant City Manager Garza indicated that was a revocable easement
granted by the Council to MHMR, and Director of Engineering Services Crull
offered a brief explanation of the situation. Mrs. Rhodes requested that staff
study the situation, and Mr. Crull indicated that will be done.
Mrs. Rhodes referred to a telephone call she received from a lady in Flour
Bluff relative to a problem concerning the replatting of her property and a
charge for a sewer. Mrs. Rhodes commented on this situation and asked what the
lady should do.
Mayor Turner requested that staff look into this matter and provide the
Council with their recommendation.
Mrs. Rhodes asked when signs are going to be put up in
relative to the banning of alcohol during the school hours,
Manager Bill Hennings stated that the signs should be up in
and the Council will be provided a report of this situation.
Mrs. Rhodes indicated that she had a few more concerns;
in to staff; and she would like responses on each concern.
parks near schools
and Assistant City
two to three weeks
she will turn them
Council Member Guerrero referred to a letter from an individual who had
tried to get doorside garbage picked up, and Assistant City Manager Jesus Garza
indicated that garbage can be picked up at the door, but that there is an extra
fee involved.
Mr. Guerrero indicated that Ass't. City Attorney Jimmy Bray did a good job
in assessing the Dallas ordinance relative to sexually -oriented businesses and
requested a timetable concerning the City's ordinance, and City Attorney George
noted that studies have been requested from other cities and as soon as they are
received, the item will be scheduled for Council action.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience en matters not
scheduled on the agenda.
Mr. R. J. Herschbach, 4650 Hakel Drive, informed the Council of a severe
problem relative to the Corpus Christi Firemen's Relief and Retirement Fund.
Mr. Herschbach discussed in detail the situation and asked that the Council
take immediate investigative action. Mr. Herschbach provided the Council with
material and indicated that there is a violation of state laws and ordinances.
iinutes
Regular Council Meeting
February 28, 1989
Page 21
Mayor Turner directed the City Manager to review the situation, and City
Manager Garza indicated that the problem presented by Mr. Herschbach is
accurate, but that the City has very little influence on that Board because it
is separate from the City. Mr. Garza indicated that Assistant City Manager
Hennings is a member of that Board selected by the Mayor, and Mayor Turner
directed Mr. Hennings to report as to what the Board intends to do to remedy the
situation.
Assistant City Manager Hennings provided a brief explanation of the
situation and noted that he will follow up and provide the Council with a
report.
Ms. Ann Theresa Diaz, speaking in Spanish, registered a complaint in regard
to a piece of property she bought fifteen years ago. She described the property
and noted that a section of the property has been sold without her knowledge.
Pis. Diaz indicated that the taxes are a burden on her and she cannot sell or
build on that property.
Assistant City Manager Jesus Garza indicated that he has met with Ms. Diez,
but will meet with her again and check out the problem to determine what has
happened.
Mr. Philip Rosenstein commented on a concern relative to the voting
machines for absentee voting. He indicated that the machines will be located in
the lobby in the new City Hall, less than thirty feet from the Mayor's office
and City Secretary's office. Mr. Rosenstein indicated that the machines should
be placed in the atrium because it is a larger area and alleged that this is a
violation of the state election code because of the close proximity to the
Mayor's and Council Members' offices.
Mr. R. C. Williams, Rockport, Texas, a retired firefighter, referred to the
concerns mentioned by Mr. R. C. Herschbach relative to the incorrect pensions of
the firefighters. He stated that he wanted to impress on the Council that they
do have something to do with the firefighters' pensions. He stated that the
City contributes money and the Mayor has a representative on the Firemen's
Relief and Retirement Fund Board.
Mr. H. C. Linedecker, 4902 French, a retired firefighter, also commented on
the concerns of the retired firefighters concerning their incorrect pensions,
stating that City money has been invested in this fund and something needs to be
done about the problem.
Council Member Berlanga stated that he would like to see the staff and City
Attorney look into this matter because he would like to know if the City has any
responsibility.
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 6:20 p.ni. on February 28, 1989.
* * * * * * * * * * * * *
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 February
28, 1989 which were approved by the City CouncilonMarch 7, 1989.
WITNESSETH MY HAND AND SEAL, this the % O day of
19 Al .
etty Turn r,, MAYOR
R
Armando Chapa, City Secret
City of Corpus Christi