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
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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.
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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.
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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.
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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:
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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.
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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:
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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
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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.
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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.
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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.
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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