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HomeMy WebLinkAboutMinutes City Council - 10/10/1989PRESENT Mayor Betty Turner Council Members: David Berlanga, Sr. Tom Hunt Edward A. Martin Joe McComb * Clif Moss Mary Rhodes Frank Schwing* Absent Mayor Mayor City Hall. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 10, 1989 2:00 p.m. Pro Tem Leo Guerrero City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa ) Betty Turner called the meeting to order in the Council Chamber of The invocation was delivered by Chaplain Peter DeRuitter of Spohn Hospital following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Rhodes. City Secretary Armando 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 called for approval of the Workshop and Regular Council Meetings of October 3, 1989, and there being no additions or corrections, she proclaimed them approved as presented. Mayor appointed Convention G. Valdez Committee. Turner administered the Oaths of Office to the following newly Board and Committee appointees: Exiquio "Kiko" Barrera - C.C. Area and Visitors Bureau; William O. Woody, Dr. Henry Santana, Dr. Aurelio - Sister City Committee; Len Brandrup - Transportation Advisory *Council Member Schwing entered the meeting at 2:10 p.m. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council (M89-0307): MICROFILMED autes -egular Council Meeting October 10, 1989 Page 2 Municipal Arts Commission Oscar Flores Joseph Rosenberg Ruth Delmar Sullivan John Yochem Joan Ford Nelwyn Anderson Nueces County Tax Appraisal Museum Advisory Committee Karen O'Connor Gene Pennebaker Maronelle Hoting Captain Hilbert Dean District Leo Guerrero Victor Penuel, Jr. * * * * * * * * * * * * * Mrs. Jeannine Foster made a presentation regarding the installation of new pipelines in the Donna Park Addition. She requested that the City Council adopt an ordinance regulating the installation of pipelines. Council directed City Manager Garza to research the feasibility of adopting a pipeline ordinance similar to the one passed by the City of Port Neches, Texas. City Manager Garza affirmed that the staff would report their findings to the Council. *Council Member McComb entered the meeting at 2:20 p.m. * * * * * * * * * * * * * * Mayor Turner called for consideration of Emergency Item 5(A) on the Supplemental Agenda. Council Member Berlanga made a motion for confirmation of the City Manager's appointment of Commander Henry Garrett as Police Chief. The motion was seconded by Council Member Schwing and passed by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes, and Schwing voting, "Aye"; Hunt absent at the time the vote was taken; Guerrero absent. (M89-0306) Mayor Turner called for consideration of Emergency Items 5(B) and 5(C) on the Supplemental Agenda. City Secretary Chapa polled the Council for their votes and the following items were passed: 5(B) ORDINANCE NO. 20792 Ordinance amending Ordinance 20731, Budget Ordinance, to add one additional position of Assistant Police Chief. nutes dgular Council Meeting October 10, 1989 Page 3 The foregoing ordinance passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss, McComb, Rhodes, and Schwing voting "Aye"; Guerrero absent. 5(C) RESOLUTION NO. 20793 Resolution commending Police Chief Robert Olson for his service as Police Chief. The foregoing resolution passed by the following vote: Turner, Berlanga, Hunt, Martin, Moss, McComb, Rhodes, and Schwing voting "Aye"; Guerrero absent. Captain Carlos Cavazos who was promoted to the Assistant Police Chief position was introduced to the Council by Police Chief Garrett. * * * * * * * * * * * * * Mayor Turner declared a short recess. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 3:00 p.m. and called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 5 and Council Members requested that Items 1, 2, and 3 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following items were passed: 4. SECOND READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE FOR THE USE OF A 4.1 ACRE TRACT OF LAND IN PRICE PARK FOR YOUTH SPORTS PURPOSES. The foregoing ordinance passed on second reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes, and Schwing voting, "Aye"; Guerrero absent. 5. SECOND READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE USE AND OCCUPANCY OF THE NORTH WING OF THE BUILDING, IMPROVEMENTS, AND GROUNDS ON LOT 12, BLOC, 23, MEADOW PARK ADDITION; AND PROVIDING FOR PUBLICATION. nutes egular Council Meeting October 10, 1989 Page 4 The foregoing ordinance passed on second reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes, and Schwing voting, "Aye"; Guerrero absent. * * * * * * * * * * * Relative to Item No. 1, an agreement with the Corpus Christi Independent School District, Mr. Ray De Los Santos, 3802 Caravelle 11499, Director of the Lulac National Education Service Center, requested that the Council include the 1989 Coastal Bend College Night in Corpus Christi activity as one of the programs in the proposed exchange of facility use by the City and the Corpus Christi Independent School District. A brief discussion ensued, afterward, Council Member Berlanga made a motion that the Council approve in concept the request for support of this activity by the Council, but that it would be the responsibility of the school district to include this activity in the proposed exchange of facilities agreement; seconded by Council Member Schwing and passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes, and Schwing voting, "Aye"; Guerrero absent. Council Member Moss, in reference to Item No. 2, an agreement with MTrust Corporation N.A., inquired who had requested this acquisition. He was informed that it was part of the City's Capital Improvement Program and the 13th Year Community Block Grant Program. Carl Crull, Director of Engineering Services, also explained that Knickerbocker Street is needed to provide a parallel roadway south of Padre Island Drive to facilitate traffic after Padre Island Drive develops a freeway section. Relative to Item No. 3, a lease agreement with Mistral, Inc., Council Member Moss commented that this ordinance was being brought before the Council at the last minute and that such items should be brought before the Council well in advance of the scheduled event. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following items were passed: 1. M89-0302 Motion approving an agreement with the Corpus Christi Independent School District for exchanging the use of facilities without charge. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes, and Schwing voting "Aye"; Guerrero absent. autes -egular Council Meeting October 10, 1989 Page 5 2. M89-0303 Motion authorizing an agreement with MTrust Corporation N.A. for the acquisition of street right-of-way and drainage easement associated with the extension of Knickerbocker Street between O'Connell Street and Waldron Road. The foregoing motion passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes, and Schwing voting "Aye"; Guerrero absent. 3. ORDINANCE NO. 20791 AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH MISTRAL INC. FOR THE USE OF A PORTION OF CORPUS CHRISTI BEACH ADJACENT TO SANDY SHORES INN FOR A WINDSURFING EVENT OCTOBER 21 - 31, 1989; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes, and Schwing voting "Aye"; Guerrero absent. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 6 on the Caller -Times U.S. Open Pro -Am Sailboard Regatta. City Manager Garza reassured Council Member Rhodes that the cancellation clause in the lease is still effective and that staff will present the lease to Council for its approval each year. There was a brief discussion on the three possible sites for holding this event, and Mayor Turner explained that the present site was the most suitable location and that the City should attempt to resolve any problems presented by the South Cole Park Neighborhood Association. Mayor Turner called for comments from the audience. Dr. Jensen, 2925 Ocean Drive, spoke on behalf of the South Cole Park Neighborhood Association and asked the Council to revise the lease with the U.S. Open Committee by relocating the event to McGee Beach. Mayor Turner recommended that Dr. Jensen submit his concerns in writing, thereby, allowing the City the opportunity to respond to his concerns. City Secretary Chapa polled the Council for their votes and the following was passed: nutes -egular Council Meeting October 10, 1989 Page 6 6. M89- 0304 Motion approving the recommendation of the Parks and Recreation Advisory Committee that the Caller -Times U. S. Open Pro -Am Sailboard Regatta be held at the same location in South Cole Park for the duration of the lease with the U. S. Open Committee. The lease extends through 1992 and is subject to cancellation seven months prior to the event, which is scheduled in late May. The foregoing motion passed by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes, and Schwing voting "Aye"; Hunt abstaining; and Guerrero absent. Mayor Turner called for consideration of Item No. 7 regarding the Folklife Celebration, and there were no comments from the audience. Council Member Rhodes made a motion for approval of Item No. 7; seconded by Council Member McComb and the following item was passed by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes, Schwing voting "Aye"; Guerrero absent. 7. M89-0305 Motion approving the allocation of FY 89-90 approved budget for arts support funds in the amount of $5,500 to the City of Corpus Christi's 1989 Eolklife Celebration as recommended by the Municipal Arts Commission. Mayor Turner called for consideration of Item No. 8 on the old HEB building. Kelly Elizondo, Assistant City Manager, gave background information relating to past and present attempts to secure a site for the Hispanic Arts and Cultural Center. He stated that property at 18th Street and Agnes was purchased for construction of a new center, but that their first attempt for construction of a 9,200 square foot facility was bid at $569,000; and their second attempt, after they reduced the square footage of the building, was bid at $510,800; both bids were above their allotted budget for this project. Mayor Turner called for comments from the audience. Dr. Leo Carrillo, Chairman of the Center for Hispanic Arts, and Mr. Elizondo, Assistant City Manager, responded to a series of specific questions regarding the possible use of the vacant land located off of 18th Street and Agnes. Mayor Turner emphasized the need for development of a specific plan which outlines the City's intended use of the vacant land. nutes ,egular Council Meeting October 10, 1989 Page 7 Council Member Martin made a motion amending the ordinance that the Council authorize an option to purchase at a price not to exceed $5,000 contingent upon remodeling bids being received within budget; seconded by David Berlanga and passed unanimously by those present and voting. Mr. Oscar Flores, associated with the Westside Business Association, stated that the organization was in support of the purchase of the HEB building for use as a Hispanic Art Center because this project would help relieve the blighted area and also begin the redevelopment process in this area. City Secretary Chapa polled the Council for their votes and the following ordinance was passed, as amended, on first reading: 8. FIRST READING APPROVING THE ACQUISITION OF THE OLD HEB BUILDING LOCATED ON 19TH STREET BETWEEN AGNES AND LAREDO STREETS FOR A FACILITY TO BE USED AS A HISPANIC ARTS AND CULTURAL CENTER BY THE CENTER FOR HISPANIC ARTS FOR $135,000 SUBJECT TO THE CITY ACQUIRING AN OPTION AT A PRICE NOT TO EXCEED $5,000. THE OPTION CONTINGENT UPON REMODELING BIDS BEING RECEIVED WITHIN BUDGET; AUTHORIZING THE EXECUTION OF AN AGREEMENT AMENDMENT WITH THE CENTER FOR HISPANIC ARTS, INCLUDING LEASE TERMS; APPROPRIATING $93,000. The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, and Rhodes voting "Aye"; Schwing absent at the time the vote was taken; Guerrero absent. Mayor Turner called for consideration of Item No. 9 regarding amendment of Chapter 37, City Code, relating to pawnbrokers. Council Member Moss suggested cataloging the pawn tickets on a computer; Robert Olson responded that this procedure will commence on October 16, 1989, and that the Council will be receiving information on this by the end of the week. Discussion ensued regarding the need for fingerprinting and the general consensus was that unless another alternative could be found which would help in prosecuting burglars, fingerprinting would be done. Council Member McComb asked about regulating the hours of operation of the pawn shops. Jesus Garza, Deputy City Manager, affirmed that regulating the hours of operation would be researched and a report presented to the Council. City Secretary Chapa polled the Council for their votes and the following was passed on first reading: lutes -egular Council Meeting October 10, 1989 Page 8 9. FIRST READING AMENDING CHAPTER 37, PAWNBROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS, BY AMENDING SECTIONS 37-1, 37-2, RECORDS, 37-3, INSPECTION OF RECORDS AND STOCK, 37-4, RETURN OF PLEDGED GOODS; PERSONAL PROPERTY NOT TO BE REMOVED, ETC., UNTIL FOURTEEN BUSINESS DAYS AFTER DATE OF PURCHASE: EXCEPTIONS; ADDING A NEW SECTION 37-10, POSSESSION OF ITEMS THAT HAVE ALTERED, OBLITERATED, OR MISSING SERIAL OR IDENTIFICATION NUMBERS PROHIBITED; ADDING A NEW SECTION 37-11, REGISTERED PAWNSHOPS AND SECONDHAND STORES; AND RENUMBERING PRESENT SECTION 37-10 TO SECTION 37-12; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes voting "Aye"; Hunt voting "No"; Schwing absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the designation of a State enterprise zone in the area south of the Nueces River and the Harbor Bridge, to the west of Corpus Christi Bay along the breakwater, to the north of Agnes Boulevard, and to the east of Padre Island Dive and Lantana Street, also including an area bounded by Agnes and Brownlee Boulevards, Morgan and Port Avenues. Assistant City Manager Tom Utter gave an informational report using a presentation board to depict the proposed State Enterprise Zone boundaries which are under the maximum 10 square mile limit. He also explained the criteria for qualification as a State Enterprise Zone and cited several types of incentives which are available to businesses classified as a State Enterprise Zone Project. Council Member Rhodes, after being informed by Mr. Utter that the Greyhound Racing Association was only asking to be able to compete for abatement of state sales and use taxes, stressed that she preferred that a letter of intent be submitted by the Greyhound Racing Association stating that they waive the City's benefits, thus assuring that the City would not take a loss. Intensive deliberation and discussion ensued regarding reduction of the area encompassed by the Enterprise Zone. Ms. Karin Richmond, with the law firm of Johnson and Gibbs, responded to specific questions which were posed by the Council. Mayor Turner called for comments from the audience. Mr. Phillip Rosenstein, 949 Babalo, voiced his opposition to granting the State Enterprise Zone. He also questioned legal counsel's opinion that the nutes -egular Council Meeting October 10, 1989 Page 9 Mayor could participate in discussion regarding the Enterprise Zone and the Aquarium. Mr. Fred Heldenfels IV, a limited partner in the race tract venture, emphasized that the only request being made by the Association was for passage of the resolution; thus allowing the association to compete as an Enterprise Zone project. Mr. Charles Blum, one of the owners of the Greyhound Tract, informed the Council that the reason they are applying for the Zone is because the legislature imposed increased fees on their organization and an Enterprise Zone project classification would offset the increase. Council Member McComb made a motion to close the public hearing; seconded by Council Member Hunt and passed unanimously by those present and voting. Council Member Martin made a motion to amend the Resolution on Exhibit "A" by taking out that reference to Census Tract 8 and amend that portion of Census Tract 7 to take out that portion west of McBride; seconded by Council Member Schwing and passed by the following vote: Berlanga, Martin, Moss, and Schwing voting "Aye"; Hunt voting "No"; McComb and Rhodes not casting a vote. City Secretary Chapa polled the Council for their votes and the following resolutions failed to pass: 10a. Failed to Pass DESIGNATING AN ENTERPRISE ZONE UNDER THE TEXAS ENTERPRISE ZONE ACT, ART. 5190.7, V.T.C.S. The foregoing resolution failed to pass by the following vote: Berlanga, Martin, and Moss voting "Aye"; Hunt, McComb, Rhodes, and Schwing voting "No"; Turner absent at the time the vote was taken; Guerrero absent. NOTE: Council Member Schwing originally voting "Aye" and asked that his vote be changed to "No". The Chair ruled that his vote could be changed. * * * * * * * * * * * * * Council Member Berlanga announced the public hearing on the following zoning application: 11. Application No. 889-8, Messrs. David Alan Sens and Ray Wieting: For a change of zoning from "11-1B" One -family Dwelling District to "AB" Professional Office District on Lot 18, Block 8, Gardendale Subdivision Unit 1, located on the north side of Holly Road, approximately 100' west of Betty Jean Circle. lutes ...egular Council Meeting October 10, 1989 Page 10 Council Member Berlanga indicated that the Planning Commission and Planning Staff recommend approval of this application. Brandol Harvey, Director of Planning, gave an overview of the zoning requirements for this area and a brief discussion ensued. There being no comments from the audience, Council Member Berlanga closed the public hearing. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20794 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DAVID ALAN SENS AND RAY WIETING BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 18, BLOCK 8, GARDENDALE SUBDIVISION UNIT 1, FROM "R-18" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT: AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Berlanga, Hunt, Martin, McComb, Moss, Rhodes, voting "Aye"; Turner and Schwing absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Council Member Berlanga announced the public hearing on the following zoning application: 12. Application No. 889-7, S & J Properties: For a change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business District on Lot 1, Block 7, Alameda Park, located on the southeast corner of Everhart Road and Harry Street. Council Member Berlanga indicated that the Planning Commission and Planning Staff recommended denial, and in lieu thereof, grant "AB" Professional Office District. Brandol Harvey, Director of Planning, gave the prior zoning history of the property and emphasized that the Planning Commission did not think it was appropriate to allow storage of chemicals and vehicles overnight on the property. Mr. Hank Garcia, 417 Waverly, owner of the pest control business, stressed that all the chemicals used are organic and that the greatest length of time a truck stays on the property is approximately five hours. Ms. Sharon Murphy, representing the property owners, asked for approval so that Mr. Garcia could continue to operate his business at this location. nutes .dgular Council Meeting October 10, 1989 Page 11 Council Member McComb made a motion to close the public hearing; seconded by Clif Moss and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20795 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF S & J PROPERTIES BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK 7, ALAMEDA PARK, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT WITH A "SP" SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes voting "Aye"; Schwing absent at the time the vote was taken; Guerrero absent. * * * * * * * * * * * * * Council Member Moss inquired as to start-up date for televising Council meetings. Senior Assistant to the City Manager Thomas Duran responded that the reason for the delay was due to camera problems and that a specific date could not be given at this time. In reference to Item No. 11 from the October 3, 1989, Council Meeting which authorized staff to negotiate a contract with Brown & Caldwell/Freese & Nichols, Clif Moss made a motion requesting staff to place an item on the agenda next week to discuss and consider this matter again; seconded by Council Member Berlanga and passed by the following vote: Turner, Berlanga, Hunt, Martin, McComb, and Moss voting "Aye"; Rhodes voting "No"; Schwing absent at the time the vote was taken; Guerrero absent. City Manager Garza, in response Rhodes, affirmed that the light board to the Nutcracker performance. Council Member Rhodes instructed the Council approved in regard to the to a concern expressed by Council Member in the auditorium would be repaired prior staff to verify the type of parking which Ayers Street improvements. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Dr. Phillip Rhoades, 2813 Ransom Island Dr., commented on the professional hiring procedure's currently practiced by the Police Department and suggested that the City Manager and Police Chief Garrett establish policies which would encourage and support college education within all ranks of the department. lutes .dgular Council Meeting October 10, 1989 Page 12 Mr. Phillip Rosenstein, 949 Babalo, complimented the Council on establishing the ethics code, but urged that an ethics commission be established. Mr. Ron Hudson, 3556 Austin Street, remarked that the money allocated for art at the Corpus Christi Libraries in 1988 has been used primarily at the Central Library and has not been utilized at the branch libraries. There being no further business to come before the Council, Council Member Berlanga adjourned the Council Meeting at 6:50 p.m. * * * * * * * * * * * * 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 October 10, 1989, which were approved by the City Council on October 17, 1989. WITNESSETH MY HAND AND SEAL, this the 1/00.e/Pt,(b-k2 , 1989. etty Tttrner, Mayor Armando Chapa City Secretary day of