HomeMy WebLinkAboutMinutes City Council - 10/31/1989PRESENT
Mayor Betty Turner
Mayor Pro Tem Leo Guerrero
Council Members:
David Berlanga, Sr.
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 31, 1989
2:00 p.m.
City Manager Juan Garza
Assistant City Attorney Jimmy Bray
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Council Member Joe McComb 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 deferred approval of the Minutes of the Regular Council
Meeting of October 24, 1989 because they were not submitted in time for approval
this week.
Representatives of the Island 2000 Task Force gave a presentation on the
Island's infrastructure needs and requested the City to notify other taxing
entities that the City of Corpus Christi has been asked to establish a tax
increment district on a portion of Mustang Island. Mr. John Parmer, President
of the Padre Isles Property Owners Association and Co -Sponsor of the Island 2000
Task Force, Ms. Carol Sue Hipp, representing Fish Trackers, Inc., Mr. Ralph
Durden, Vice Chairman of Ralph Durden Company and Mr. Marvin Townsend, former
City Manager of the City of Corpus Christi, requested the Council to consider
establishing a reinvestment zone on a portion of Padre Island which would fund
future improvements with property tax revenue increases.
Some Council Members expressed concern that the proposal was being rushed
through and that City staff had not been given time to study the proposal.
MICROFILMED
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After a broad discussion, a motion was made by Mayor Pro Tem Guerrero that
the City Secretary be instructed to notify the affected taxing jurisdictions
that the City is considering establishment of a tax increment district or
reinvestment zone as proposed on the map submitted in the attachment consistent
with the provisions of Article 311 of the Tax Code. The motion was seconded by
Council Member Berlanga and passed by the following vote: Turner, Guerrero,
Berlanga, Martin, McComb and Schwing voting, "Aye"; Hunt and Rhodes voting,
"No"; Moss abstaining. (M89-0324)
* * * * * * * * * * * * *
Mayor Turner declared a five-minute recess.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting and administered the Oath of
Office to the following newly appointed Board and Committee appointee: Michael
Poynter - Corpus Christi Area Convention and Visitors Bureau.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 19 and opened the public
hearing on the following zoning application:
19. Application No. 989-6, Nueces County, Texas: For a change of zoning from
"I-2" Light Industrial District to "B-4" General Business District, being
4.340 acres out of Section D, Lot 8, Paisley Subdivision of the Hoffman
Tract, located on the northeast corner of Gollihar Road and Dillon Lane.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of this application.
No one spoke in opposition to the zoning application.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 20815
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES COUNTY, TEXAS, BY
CHANGING THE ZONING MAP IN REFERENCE TO 4.340 ACRES OUT OF SECTION D, LOT
8, PAISLEY SUBDIVISION OF THE HOFFMAN TRACT FROM "I-2" LIGHT INDUSTRIAL
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
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Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Items 1 thru 13 and Council
Members requested that Items 1, 2, 3, 4 and 11 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
were approved:
5. M89-0322
Motion awarding a contract in the amount of $342,623 to Conex Construction,
Inc. for construction of waterlines in Agnes Street between Port and
Airport.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
6. RESOLUTION NO. 20808
APPROPRIATING THE REMAINING BALANCE OF THE KENNEDY CAUSEWAY LEASE RESERVE
TRUST ACCOUNT AND AUTHORIZING PAYMENT OF THE FUNDS TO THE TEXAS GENERAL
LAND OFFICE.
The foregoing resolution passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
7. RESOLUTION NO. 20809
ESTABLISHING A KENNEDY CAUSEWAY• ADVISORY COMMITTEE COMPRISED OF 20 MEMBERS
TO DEVELOP RECOMMENDATIONS FOR IMPLEMENTATION OF THE POLICY STATEMENTS
ARISING FROM THE JOHN F. KENNEDY MEMORIAL CAUSEWAY RECREATION AREA MASTER
PLAN; AND REPEALING RESOLUTION NO. 20484.
The foregoing resolution passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
8. RESOLUTION NO. 20810
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO THE MAINTENANCE OF THE
SDHPT'S DRAINAGE RIGHT-OF-WAY ADJACENT TO STATE HIGHWAY 44 AND NEAR THE DE
DIETRICH PLANT SITE.
The foregoing resolution passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
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9. RESOLUTION NO. 20811
APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT IN THE
AMOUNT OF $2,837.76 TO DONALD B. GERDES, OWNER AND DEVELOPER OF LOT 1,
BLOCK 13, HARNEY PARTITION SUBDIVISION, FOR THE INSTALLATION OF 256 FEET OF
6 -INCH WATER DISTRIBUTION MAIN; AND APPROPRIATING $2,837.76.
The foregoing resolution passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
10. FIRST READING
CLOSING AND ABANDONING A PORTION OF A
11, BLOCK 133, CROSSGATE SUBDIVISION
EXHIBIT A ATTACHED HERETO, AND BEING
TO CERTAIN PROVISIONS.
10 -FOOT WIDE UTILITY EASEMENT IN LOT
, AS IDENTIFIED BY CROSSHATCHING ON
2 FEET WIDE BY 21 FEET LONG; SUBJECT
The foregoing ordinance passed on first reading by the following vote:
Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
12. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 49, STREETS AND SIDEWALKS, SECTION
49-21, REQUIRED IMPROVEMENTS; POLICY ON ASSESSMENTS, BY REPEALING
SUBSECTION C.II, PARAGRAPH 3, WHICH PROVIDES FOR LOW INTEREST LOANS TO
ABSENTEE OWNERS OF RESIDENTIAL PROPERTY OCCUPIED BY LOW INCOME TENANTS, AND
RENUMBERING SUBSECTION C.II, PARAGRAPH 4, AS SUBSECTION C.II, PARAGRAPH 3.
The foregoing ordinance passed on second reading by the following vote:
Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
13. ORDINANCE NO. 20812
AUTHORIZING THE EXECUTION OF AN EASEMENT AND RIGHT OF WAY AGREEMENT
GRANTING CENTRAL POWER AND LIGHT COMPANY A UTILITY EASEMENT FOR THE
RELOCATION OF UTILITY TRANSMISSION LINES ONTO 0. N. STEVENS WATER PLANT
PROPERTY AT UP RIVER ROAD.
The foregoing ordinance passed on third reading by the following vote:
Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
* * * * * * * * * * * * *
City Manager Garza informed the Council that Item No. 3 has been withdrawn.
Relative to Item No. 1 on approving a supply agreement for cold mix
asphalt, Council Member Berlanga expressed concern that there was only one bid
for this material.
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City Manager Garza stated that it is possible for other companies to supply
this material but it probably is not economically feasible for them to obtain
the material.
Pertaining to Item No. 2 on the lighting control board, Assistant City
Manager Hennings stated that the lighting control board needs to be replaced; he
provided the results of the bidding for the contract; and he stated that it is
staff's recommendation that the bid be awarded to Theatre Techniques.
In answer to questions raised by Council Members on Item No. 4 on the water
laboratory facility, Carl Crull, Director of Engineering Services, provided
background information and stated that the fee for McCord and Lorenz,
Architects/Engineers, will be approximately 81 percent of the construction costs
for the entire preliminary design services and contract administration. Mr.
Crull stated that the facility will be located at the 0. N. Stevens water
treatment plant.
Relative to Item No. 11 on the pipeline -related ordinance, Assistant City
Manager Jesus Garza gave a report on the status of the ordinance, stating that
in response to questions raised by local citizens with respect to new pipelines
and conversion of existing pipelines, a City staff pipeline task force studied
local, state and federal regulations and surveyed pipeline regulations in other
Texas cities. He stated that after careful consideration of the issues, they
recommended revision to the Code of Ordinances, Sections 49-60 through 49-67 and
the form of revocable easement executed when pipelines cross City rights of way.
Mr. Garza continued by stating that the City will collect an administrative
fee of $100 per easement, such fee to be collected on the anniversary date of
execution of each easement. He stated that all pipelines in the City limits and
the extraterritorial jurisdiction with 200 psi or greater must be buried at
least 48 inches (60 inches if carrying hazardous substance and the pipeline is
laid closer than 50 feet to any structure) unless the Director of Engineering
determines otherwise Mr. Garza stated that although all pipeline operations
fall within the purview of the Texas Railroad Commission and the U.S. Department
of Transportation, each grantee will provide an annual affidavit assuring
compliance with minimum regulatory safety standards.
City Manager Garza stated that he has met with individuals from the
pipeline industry who have expressed some concerns and would like to have a
chance to express their opinions.
Mr. Mark Moore, a representative of Coastal States Crude Gathering Company,
'indicated that they endorse the Council's interest in promoting effective
pipeline safety. He stated that they are in the process of reviewing the report
from the task force and would like an opportunity to provide a response from the
pipeline industry to be implemented into the report. Mr. Moore requested that
this this item be tabled for eight to ten weeks so that individuals in the
pipeline industry will have sufficient time to work directly with the task
force.
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City Manager Garza stated that he will invite representatives of the
pipeline industry and concerned neighbors in the area to meet in his office to
discuss the entire situation.
This item received considerable discussion and a motion was made by Mayor
Pro Tem Guerrero to table the item for two weeks in order for discussions to
take place between individuals from the pipeline industry, the task force and
concerned neighbors. The motion was seconded by Council Member McComb and
passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb,
Moss and Schwing voting, "Aye"; Rhodes voting, "No."
Ms. Jannine Foster, 1118 Vernon, expressed the opinion that Mr. Mark Moore
requested that the ordinance be tabled because the company needs that time to
acquire the easement rights. She commented on the subject of pipeline safety
and cited deaths and accidents pertaining to pipelines. Ms. Foster pointed out
that the City's easement rights do not specify how close pipelines should be
located to residences.
Mayor Turner suggested that Ms. Foster participate in the discussions to be
held in the City Manager's office.
City Secretary Chapa polled the Council for their votes and the following
items were passed:
1. M89-0319
Motion approving a supply agreement for cold mix asphalt in accordance with
Bid Invitation No. BI -0324-89 with White's Mines, San Antonio, Texas, for a
total of $164,920 based on only bid. The term of the contract shall be
twelve months with option to extend for an additional twelve months subject
to the approval of the supplier,and the City Manager or his designee. This
material will be used by the Street Division.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
2. M89-0320
Motion approving the award of
lighting control board for the
The foregoing motion passed
Berlanga, Hunt, Martin, McComb
a contract for the purchase of a replacement
Bayfront Plaza Auditorium.
by the following vote: Turner, Guerrero,
, Moss, Rhodes and Schwing voting, "Aye."
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3. Withdrawn
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Anesees/Asseeiateer-3tte- € r--a-€i4ced--emmmt -e€444 0013-4. -e€
eke-Eehe3-Lyerly-Gemmenity-Geneer:
4. M89-0321
Motion amending the Architectural Services Agreement with McCord and
Lorenz, Architects/Engineers as previously awarded by Motion No. M89-0048
to provide for additional architectural services and related work for the
Water Laboratory Facility for an additional fee of $15,000.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
11. Tabled for two Weeks
AMENDING-THE•-€ODE--9F--ORD-H�}ANGE&r-EHAP3'ESR--49r--8-T66-; --SA }E—CR T 4 6 --TO
PROVIDE-API-ANNUAL-EEE-AHD-ANNUAL-RENEWAL-9E-INE-REVOCABLE-EASEMENT6r
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 14 thru 16.
Regarding Item No. 14 on the acquisition of Parcel 2, a part of the offsite
drainage right-of-way for the Crosstown Expressway, City Manager Garza indicated
that he would like to discuss this item in closed session.
Relative to Item No. 15 on amending articles in the zoning ordinance
pertaining to auto -related land uses, City Manager Garza stated that Planning
Director Harvey requested that this item be withdrawn.
15. Withdrawn
AMENDING- ARTICLEE-3;-3-2-,--i3r-3-4r,--g5r-3{r,- [yam--2a{}g-TH£- G(3Rgi}E-GRR3633
geNING-9RDINANGE;-PROVIDING-POR-SEVERANCE;-AND-PROVIDING-EOR-PUBLICATION:
Pertaining to Item No. 16 on consideration of a request by seven registered
voters to reconsider adoption of Ordinance No. 20805, Mr. David Royal, 2801
North Shoreline, stated that the seven registered voters believe that this
ordinance is discriminatory and inequitable in its treatment of property and
business owners and will impede progress in Corpus Christi. Mr. Royal requested
that the Council reconsider their action on the ordinance.
Mr. Bill Ward, 3001 Longview, representing Mr. H. H. Gummelt, presented
material to the Council and quoted from a letter dated October 19, 1984, to Mr.
Gummelt from Mr. David Seiler, City Traffic Operations Engineer. Mr. Ward
stated that his client has property for sale on Corpus Christi Beach which he
cannot sell because of the zoning. He spoke in favor of Item No. 16 and
indicated that he supports "B-6" zoning for Corpus Christi Beach.
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Mr. Frank Hankins, 721 Crestview, speaking on behalf of OPUS, expressed
opposition to "B-6" zoning and expressed support of the "BD" zoning for Corpus
Christi Beach.
Ms. Gwen Bryant, 5029 Merganser, expressed support of the Council's
recommendation for "BD" zoning on Corpus Christi Beach. She requested that the
Council maintain their decision.
Mr. Philip Rosenstein, 949 Bobalo, spoke in favor of "B-6" zoning on Corpus
Christi Beach. He stated that the Aquarium should not dictate the zoning for
Corpus Christi Beach.
The following individuals expressed support of the "BD" zoning district on
Corpus Christi Beach: 1. Mr. Quenton Dokken, Executive Director of the Texas
State Aquarium, 6929 Dundee; 2. Mr. Al Harden, 2818 E. Surfside; and 3. Mr. Jack
Davis, 3523 Timon.
City Secretary Chapa polled the Council for their votes and the following
item failed to pass:
16. Consider request by seven registered voters to reconsider adoption of
Ordinance No. 20805.
The foregoing request failed to pass by the following vote: Guerrero and
Berlanga voting, "Yes"; Turner, Hunt, Martin, McComb, Moss and Rhodes
voting, "No"; Schwing absent at the time the vote was taken.
* * * * * * * * * * * * *
Relative to Item No. 17 on the.ordinance amending the zoning ordinance of
the City of Corpus Christi by changing the zoning map in reference to portions
on Corpus Christi Beach, Mayor Pro Tem Guerrero expressed the opinion it is
hypocritical for the City to establish a new zone and then immediately grant
some property owners exemptions from it. He stated that the Council's actions
are not consistent.
Mr. David Royal, 2801 North Shoreline, stated that he is in favor of
progress and is interested in quality development. He stated that the posted
agenda for the Regular City Council Meeting of 10/31/89 on Item J-17 proposes
a massive zoning change for a neighborhood on Corpus Christi Beach. Mr. Royal
stated that a zoning change cannot be implemented by the City Council without
following the requirements of the zoning ordinance. He stated that there was no
mention on the posted agenda of zoning application C889-6 and that any attempted
action on this application would be inappropriate and invalid. Mr. Royal
requested a legal opinion regarding this matter.
Assistant City Attorney Jimmy Bray stated that the agenda posting relative
to this item is entirely adequate under the Open Meetings Act.
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Mr. Brandol Harvey, Planning Director, stated that there was a sufficient
description of the case which has already had its public hearing, noting that
the item had been tabled by the Council. He stated that when it was brought
before the Council, the entire description was given and met all the legal
requirements for a public hearing. He stated that it has come back as a
follow-up item after being tabled by the Council. Mr. Harvey indicated that all
of the legal requirements have already been met.
In answer to a question from Mr. Royal, City Manager Garza indicated that
the twenty percent rule is in effect.
Mr. Royal further stated that the agenda memorandum attachments are
inaccurate. He referred to Attachment 2, stating that there are many
inaccuracies and that the presentation is extremely slanted. Mr. Royal stated
that the people of the neighborhood object to "BD" zoning.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
17. ORDINANCE NO. 20813
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS
CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF BLOCKS 41,
42, AND 43, BROOKLYN ADDITION, ALL OF BLOCKS 5, 6, 7, 41, 42, 43, G, AND H,
CORPUS CHRISTI BEACH HOTEL ADDITION, AND THE WATER AREA BOUNDED ON THE
NORTH AND SOUTH BY THE EXTENSIONS OF COASTAL AVENUE AND PEARL STREET,
RESPECTIVELY, AND ON THE EAST BY THE PRESENT "B-2" ZONING BOUNDARY, A LINE
GENERALLY EAST OF AND 1,000' FROM NORTH SHORELINE BOULEVARD, FROM "B-2"
BAYFRONT BUSINESS DISTRICT TO "BD" CORPUS CHRISTI BEACH DESIGN 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 and
Schwing voting, "Aye"; Guerrero voting, "No."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
18. Application No. 689-2, American Development Company: For a change of
zoning from "B-2" Bayfront Business District to "B-6" Primary Business Core
District on Lots 8 and 10, Block 5, Brooklyn Addition located on the east
side of E. Surfside Boulevard, approximately 50' south of Breakwater
Avenue.
Mayor Turner indicated that the Planning Commission and Planning Staff
recommend denial of "B-6", and in lieu thereof, grant a special permit for an
artist studio, retail and restaurant development with four conditions.
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City Planner Alice Terrall located the area on the zoning and land use map
and presented slides of the vicinity.
Planning Director Harvey provided background information on this
application, stating that this property has been zoned "BD" and the special
permit is necessary to accommodate this particular project with certain
conditions. Mr. Harvey explained the conditions of the special permit and
recommended the following changes: 1. Frontyard setback waived on Lot 10 and
for structures above 18' in height and minimal support columns on lot 8; 2.
Landscaping to meet ordinance requirements in 20' street yard of lot 8; and 3.
Signs, fences, or other non -landscape elements located in the 20' street yard of
lot 8 shall not exceed 4' in height. Mr. Harvey indicated that if the property
owner met the setback and landscape requirements, he would be allowed an
encroachment at the higher level providing he doubled the amount of landscaping
and setbacks which is required at the ground level.
In answer to a question from Council Member Hunt, Mr. Harvey stated that
"BD" zoning is appropriate for the Seaside Village area; each property owner has
the right to ask for rezoning; and the City Council has the right to consider a
special permit.
Discussion ensued and the Council concurred with the three conditions of
the special permit proposed by Mr. Harvey.
Mr. Bill Ward, 3001 Longview, expressed the opinion that if the area is
going to be zoned "BD", everyone should be treated equally. He requested the
Council to be consistent.
Mr. Al Harden, 2818 East Surfside, the applicant, expressed support of "BD"
zoning. He presented photographs of the proposed structure and stated that the
special permit will allow the developer to build two additional floors on top of
an existing structure.
Mr. Harvey informed the Council that at the Workshop Meeting on the Corpus
Christi zoning, the Council discussed the different options for setbacks and
decided that as a standard, they wanted a 10 -foot setback for all levels.
Mr. Quenton Dokken, 6921 Dundee, expressed support of the "BD" zoning.
Mr. David Royal, 2801 North Shoreline, expressed the opinion that this
special permit is not more restrictive than the "BD" zoning, noting that the
applicant is being granted a zero setback. He stated that this particular
application has already been deemed denied in accordance with the City's zoning
ordinance and he quoted from the zoning ordinance. He stated that this
application was forwarded from the Planning Commission on June 21 and it was not
reviewed by the City Council because it did not give adequate public notice.
Mr. Royal indicated that any action would be inappropriate because it has
already been denied because of the lapse of item.
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Mr. Jack Davis, 3523 Timon, stated that he does not oppose the special
permit. He suggested that the conditions of the special permit should be
spelled out.
A motion was made by Mayor Pro Tem Guerrero to close the public hearing;
seconded by Council Member Moss and passed unanimously by those present and
voting.
Planning Director Harvey indicated that the twenty -percent rule is in
effect.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed with the changes proposed by Mr. Harvey and concurred on by
the Council:
ORDINANCE NO. 20814
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AMERICAN DEVELOPMENT
COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ARTIST STUDIO, RETAIL
AND RESTAURANT DEVELOPMENT, WITH CERTAIN CONDITIONS, ON LOTS 8 AND 10,
BLOCK 5, BROOKLYN ADDITION; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Guerrero and Berlanga voting, "No."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
20. Application No. 989-8, Mr. F. E. Deere: For a change of zoning from "I-2"
Light Industrial District to "B-4" General Business District, being 30.59
feet of Lot 23 and all of Lots 24 through 28, Block 12, Russell Industrial
Area, located on the northwest corner of Cantwell Drive and Savage Lane.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend approval of this application.
No comments were received from the Council or the audience.
A motion was made by Mayor Pro Tem Guerrero to close the public hearing;
seconded by Council Member Berlanga and passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 20816
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF F. E. DEERE, BY CHANGING
THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 23 AND ALL OF LOTS 24
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THROUGH 28, BLOCK 12, RUSSELL INDUSTRIAL AREA FROM "I-2" LIGHT INDUSTRIAL
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
Assistant City Manager Kelly Elizondo gave a presentation regarding the
City of Port Aransas' request that the City of Corpus Christi cede a portion of
the ETJ north of Mustang Island State Park. Mr. Elizondo stated that expansion
of the City's corporate limits in this area is more attractive than expansion
elsewhere in the ETJ in terms of immediate and long term tax revenues and
economic diversity. Mr. Elizondo indicated that the City of Corpus Christi
should not diminish its ETJ and should plan to annex Mustang Island from the
state park to the Port Aransas city limits.
Discussion ensued as a series of specific questions were asked by several
Council Members and Mr. Elizondo responded to their questions.
It was the consensus of the Council to invite representatives from the City
of Port Aransas to give a presentation on November 14, 1989 during the Regular
Council Meeting.
Mayor Turner commented on the establishment of a Recycling Task Force,
stating that she will send out a list of names of people interested in serving
on the task force. She encouraged the Council to provide names of individuals
to be placed on the list, noting that the Task Force will be established at next
week's Council Meeting.
Carl Crull, Engineering Services Director, introduced Angel Escobar, the
new Engineering Services Director.
Mayor Turner called for reports from the Council.
Council Member Martin inquired about the Moore Plaza traffic presentation,
and it was the consensus of the Council that it be presented at next week's
Council Meeting.
Mr. Martin then inquired about the Ethics Commission appointments, stating
that he would like to see a list of the individuals who have been nominated.
City Secretary Chapa responded that he has received about seven nominations and
he will provide that information to the Council in the Friday packet.
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Council Member Rhodes commented on a issue regarding a Mrs. Perry who has
property in Four Bluff, and Mayor Turner requested that this item be placed on
next week's agenda.
Mrs. Rhodes commented on an issue regarding Council appointments to the
MHMR Board, and City Manager Garza stated that he will provide background
information on this issue to the Council.
Council Member McComb stated that the Traffic Advisory Board has approved a
recommendation regarding a street in the Blanche Moore School district to be
designated as one-way. He inquired when this matter will be brought before the
Council, and Assistant City Manager Jesus Garza stated that he will check into
the situation and provide a memorandum to the Council.
Council Member Hunt inquired about the results of the asbestos study for
the Frost Brothers Building, and Assistant City Manager Elizondo stated that the
Council will be provided a report next week.
Mayor Pro Tem Guerrero commented on a resolution requested by Agricultural
Commissioner Jim Hightower that the Council support Proposition 3, a proposed
constitutional amendment pertaining to general obligation bonds of the state for
agricultural and business purposes. A motion was made by Mayor Pro Tem Guerrero
that the Council adopt a resolution in support of Proposition 3. The motion was
seconded by Council Member Moss and passed unanimously by those present and
voting.
Council Member Schwing requested a report regarding an issue pertaining
the sanitation landfill and Mr. Ralph Diaz, the owner of a collection garbage
company, and City Manager Garza stated that the Council will be provided that
report next week.
City Manager Garza informed the Council that the Environmed hearing has
been continued until November 28th.
* * * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Ms. Marie Spear, 9320 South Padre Island, spoke on the issue regarding the
Island 2000 Task Force and the tax increment zone. She stated that the real
purpose is to open up the boat pass. She referred to the press release on this
topic and asked the Council to read it. She advised the Council to look at the
signatures on the petition of the people who voted against the boat pass.
Mr. Trian Serbu, Playa Del Rey, commented on the proposal given by the
Island 2000 Task Force and stated that all property owners are not for this
proposal. He alleged that the proposal is another attempt to get taxpayers to
tes
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October 31, 1989
Page 14
pay for the infrastructure costs associated with the proposed Lake Padre project
and an attempt to get taxpayers to pay for the Packery Channel boat pass.
* * * * * * * * * * * * *
Mayor Turner recessed the Council Meeting and the Council went into closed
session pursuant to Article 6252-17, Sections 2(e) & 2(f) and subsection (g)
V.A.C.S. to discuss legal matters, personnel and the purchase and value of real
property and to discuss evaluation of the City Manager and City Secretary.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting and called for consideration of
Item No. 14 on the Crosstown Extension Drainage Project, Parcel 2.
City Secretary Chapa polled the Council for their votes and the following
motion passed:
14. M89-0323
Motion authorizing acquisition of Parcel 2, located on the west side of
Ayers Street, south of Frederick Drive, from Treasure Nelson, Trustee.
This parcel is part of the offsite drainage right-of-way for the Crosstown
Expressway.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 7:05 p.m. on October 31, 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
October 31, 1989, which were approved by the City Coy cil on November 7, 1989.
WITNESSETH MY HAND AND SEAL, this the �2 day of r dirt ,
1990.
Bitty Turned, Mayor
Armando Chapa
City Secretary