HomeMy WebLinkAboutMinutes City Council - 11/21/1989PRESENT
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*
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 21, 1989
2:00 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
ll(cE:t-
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Council Member Moss following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Hunt.
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 presented resolutions to the Carroll Tigers (Resolution No.
20829) and the Calallen Wildcats (Resolution No. 20830) commending them for
their successful football seasons.
Mayor Turner administered the Oaths of Office to the following newly
appointed Board & Committee members: Prank D. Hankins - Kennedy Causeway
Advisory Committee; and Erich Wendl - C.C. Area Convention & Visitors Bureau.
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Items 1 thru 7b and 9. A
Council Member requested that Item 8 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 passed:
MICROFILMED
tes
1...5ular Council Meeting
November 21, 1989
Page 2
1. M89-0334
Motion approving the application by the Central Business District
Association and the Corpus Christi Park and Recreation Department to close
the following street sections on December 1-2, 1989, in conjunction with
the 1989 Harbor Lights Celebration:
a. Water Street, between Lawrence Street and Peoples Street.
b. Schatzel Street, between West Shoreline Boulevard and Chaparral
Street.
The foregoing motion passed by the following vote: Turner, Guerrero,
Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting "Aye"; Schwing
absent at the time the vote was taken.
2. M89-0335
Motion authorizing the City Manager to execute an amendment to the
Agreement with the Neighborhood Centers, Inc. to allow for an extension of
97 days to begin constructionof the facility.
The foregoing motion passed by the following vote: Turner, Berlanga,
Martin, McComb, Moss, Rhodes, and Hunt voting "Aye"; Guerrero abstaining;
Schwing absent at the time the vote was taken.
3. RESOLUTION N0. 20831
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 2 FOR THE SOUTHSIDE SEWER TREATMENT PLANT PROJECT AND TO ACQUIRE
SAID PARCEL FROM THE OWNERS, ROBERT M. AND ALICIA GALVAN.
The foregoing resolution passed by the following vote: Turner, Guerrero,
Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting "Aye"; Schwing
absent at the time the vote was taken.
4. RESOLUTION NO. 20832
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 3 FOR THE SOUTHSIDE SEWER TREATMENT PLANT PROJECT AND TO ACQUIRE
SAID PARCEL FROM THE OWNERS, MR. AND MRS. ROBERT WANG, ET AL.
The foregoing resolution passed by the following vote: Turner, Guerrero,
Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting "Aye"; Schwing
absent at the time the vote was taken.
tes
,._pular Council Meeting
November 21, 1989
Page 3
5. FIRST READING
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH HERTZ
CORPORATION FOR THEIR SERVICE FACILITY AT CORPUS CHRISTI INTERNATIONAL
AIRPORT.
The foregoing ordinance passed on first reading by the following vote:
Turner, Guerrero, Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting
"Aye"; Schwing absent at the time the vote was taken.
6. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, SECTION 2-51,
ADMINISTRATIVE FUNCTIONS; DIVISION 5, MUSEUM ADVISORY BOARD; AND CHAPTER
36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-6,
CORPUS CHRISTI MUSEUM ADMISSION FEES, TO CHANGE THE NAME OF CORPUS CHRISTI
MUSEUM TO CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY.
The foregoing ordinance passed on second reading by the following vote:
Turner, Guerrero, Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting
"Aye"; Schwing absent at the time the vote was taken.
7a. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 24, HUMAN RELATIONS, ARTICLES
I-IV, SECTIONS 1-69; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance passed on second reading by the following vote:
Turner, Guerrero, Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting
"Aye"; Schwing absent at the time the vote was taken.
7b. SECOND READING
ADOPTING THE RULES OF PROCEDURE OF THE CORPUS CHRISTI HUMAN RELATIONS
COMMISSION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote:
Turner, Guerrero, Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting
"Aye"; Schwing absent at the time the vote was taken.
9. ORDINANCE NO. 20834
CLOSING AND ABANDONING A PORTION OF AVENUE A, BETWEEN MIDDLE LANE AND
MOUNTAIN TRAIL ADJACENT TO LOTS 6, 7, 8, 9, 10, 17A, and 18A, IN THE
ORIGINAL CALALLEN TOWNSITE; SUBJECT TO CERTAIN PROVISIONS.
The foregoing ordinance passed on third reading by the following vote:
Turner, Guerrero, Berlanga, Martin, McComb, Moss, Rhodes, and Hunt voting
"Aye"; Schwing absent at the time the vote was taken.
tes
nLgular Council Meeting
November 21, 1989
Page 4
* * * * * * * * * * * * * *
Council Member Martin expressed the opinion that Section 3 of Ordinance No.
8, authorizing additional uses, was inappropriate and inconsistent with the
purpose of the boat repair facility.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
8. ORDINANCE NO. 20833
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH RAY HUNLEY FOR
A BOAT REPAIR FACILITY ON THE L -HEAD TO ASSIGN THE LEASE TO MARINE AND
INDUSTRIAL SUPPLIES, INC., RESTRUCTURE THE SCHEDULE FOR RENTAL PAYMENTS,
AND AUTHORIZE ADDITIONAL USES.
The foregoing ordinance passed on third reading by the following vote:
Turner, Berlanga, Hunt, McComb, Moss, and Rhodes voting "Aye"; Guerrero and
Martin voting "No"; Schwing absent at the time the vote was taken.
* * * is * * * * * * * * *
Mayor Turner called for consideration of Items 10 and 11.
Relative to Item 10, adoption of the City's 1989-92 Affirmative Action
Plan, City Manager Garza called attention to the progress which the City has
made in hiring minorities and noted that the term of the plan has been reduced
from five to three years.
Mayor Turner requested that all references to "handicapped population" in
the Plan he replaced with "disabled population."
City Manager Garza, in response to questions raised by Mayor Turner,
indicated that he would present an amendment to the Affirmative Action Plan
which would include a target goal for hiring the disabled.
Council Member Martin requested clarification of Item
airfield improvement projects, and City Manager Garza stated
provided for technical and engineering services and for cons
Project A and the first project listed under Project B as s
which is attached to the contract.
11 regarding the
that the contract
truction costs for
hown on Exhibit B
There were no comments from the audience on Items 10 and 11.
City Secretary Chapa polled the Council for their votes and the following
motions were passed:
it es
.._gular Council Meeting
November 21, 1989
Page 5
10. M89-0336
Motion adopting the City's Affirmative Action Three -Year Plan from 1989 to
1992.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes voting "Aye"; Guerrero and Schwing absent at
the time the vote was taken.
11. M89-0337
Motion approving an engineering services contract in the amount of $120,800
with Parkhill, Smith & Cooper, Inc., in association with Jones & Neuse,
Inc. for design of future airfield improvements at the Airport, including
rehabilitation of the General Aviation Ramp and completion of the lighting
improvements.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes voting "Aye"; Guerrero and Schwing absent at
the time the vote was taken.
* * * * * * * s: * * * * *
* Council Member Schwing arrived at the meeting at 2:30 p.m.
Mayor Turner called for consideration of item 12.
Council Member McComb posed several questions relative to the process used
in awarding the arts support funds.
Mr. John Yochem, Chairman, Municipal Arts Commission, explained that awards
were granted using the Arts Subgrant Guidelines and that preference was given to
new programs rather than established programs.
In response to questions from Mayor Turner, Mr. Yochem and Mr. Hennings,
Assistant City Manager, stated that the city did have an ordinance requiring new
construction to provide public art, but that this ordinance required art be
provided on a specific project whereas the Permanent Art Fund is a general fund.
Further discussion on Agenda Item 12 was posponed until later in the
meeting thereby assuring that all appeal groups would be represented.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 13.
Council Member McComb moved that Item 13 be considered on an emergency
basis; seconded by Council Member Rhodes and passed unanimously by those present
and voting.
.tes
i.cgular Council Meeting
November 21, 1989
Page 6
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
13. ORDINANCE NO. 20835
AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-250,
SCHEDULE I -ONE WAY STREETS AND ALLEYS, BY ADDING THE DESIGNATION OF
TIME -RESTRICTED ONE-WAY PATTERNS ON CERTAIN STREETS IN SCHOOL AREAS; 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 consideration of Item 14.
City Manager Garza requested that this item be deferred one week thereby
allowing staff to present a revised ordinance, and he assured Council that a
memorandum explaining the amendments would be distributed to them.
A motion was made by Mayor Pro Tem Guerrero that Item 14 be deferred one
week; seconded by Council Member Rhodes and passed unanimously by those present
and voting.
14. DEFERRED
AMENDING--GH.AP2PNR--3.7;- FAWN4?AORERS>---6EC-ON.DHA?V49--9SAbF4S--AND--SEN-444)--METAL
BEAbER S ; -Aci--AMENDING--S33GFH3 NIS --3-7-41--37-2-,-- RECORD 6 ,--3-3-- I4;sPF,E-TION--9 F
RECORDS-AWB-EI'O61C;-3.7-4-,--RFT{SRN--Oi:-44,-EDCED ->OOi3S; -FERSGNAb-PROPERTY-NOT-I8
$E-4i-EM1OV-ED-,--ETC----L1Wi 4--EOHRTEEN-$i}frI-h'L4SS-BA?6--AFTER -BATE- oF-PURGHASEt
EWGEPTIONS ;--AI3ilFWG-A--NE[+-�Ef,T-IIlN--37-IO ;--P��S-^.�,>I9W--E?F--F'FEh3S--T-Hf�T--RASE
AbTEREB>---0B I-T-SRtVTFF}y GR--N4€€IN6-- S'R4uMr--9R-- FDFS%'-'PWH T-ION---NHM$ERS
PROHPITEBt-ABBING-A-NEW-SEGTTON-37-44;-REGISTEREB-PAWNSHAPS-AND-SECONDHAND
STARESt-AND--RF,N{3?fBF.&4-PRES-FSN-'F--SEG'FION•-37-I8--'Eb4;.E.CrT3{ -37— - -PROVIDING
EAR-SEVERANGEt-AND-PRAVIDING-EAR-PURbIGATIAN-
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
15. Application No. 1089-3, James Michael Company, Inc.: For a change of
zoning from "R -1B" One -family Dwelling District to "R -1C" One -family
Dwelling District on Lots 21 and 22, Block 2, Midway Subdivision, located
on the southwest corner of Horne Road and Vitemb Street.
Mayor Turner stated that both the Planning Commission and Staff recommend
approval of the application.
.tes
r gular Council Meeting
November 21, 1989
Page 7
There were no comments from the audience on this item.
Mayor Pro Tem Guerrero made a motion to close the public hearing; seconded
by Council Member McComb and passed unanimously by those present and voting.
Council Member Rhodes inquired if granting the permit would be conditional
on the applicant building a fence.
Planning Director Harvey presented slides of the lot and advised against
building a fence because it would segregate the neighborhood. He informed
Council that the applicant was willing to build the fence and had indicated that
the two houses facing Horne Road would be set back 25 feet which exceeds the
zoning requirements but is consistent with the housing in that area.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 20836
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JAMES MICHAEL COMPANY,
INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 21 AND 22, BLOCK 2,
MIDWAY SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C"
ONE -FAMILY DWELLING 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 absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item 12 and for comments from the
audience.
Ms. Beverly Holland, a representative of the Corpus Christi Concert Ballet,
questioned the Municipal Arts Commission decision not to fund their Nutcracker
program simply because the Commission considered it a duplicate performance
of the production put on by the Corpus Christi Ballet.
Extensive discussion ensued regarding various alternatives for funding
these programs.
A motion was made by Council Member Rhodes that the allocation for the
Corpus Christi Concert Ballet and the Corpus Christi Ballet remain the same, but
allow them to decide how they want to fund the programs; seconded by Council
Member Guerrero and passed unanimously by those present and voting.
Mr. Herman Johnson, vice chairman of the board of the Botanical Gardens,
presented his appeal for reconsideration of funding for two development projects
citing their importance to the Gardens development and programming.
(Les
N.gular Council Meeting
November 21, 1989
Page 8
Mr. Michael Swantner, 926 Lane Drive, president, Corpus Christi Arts
Council, requested additional funding because the funding cut would not allow
them to adequately support the arts in Corpus Christi.
A brief discussion was held; then Mayor Pro Tem Guerrero made a motion to
transfer $10,000 from the Permanent Art Trust Fund to the Corpus Christi Arts
Council; seconded by Council Member Berlanga and passed unanimously by those
present and voting.
Ms. Susie Walker -Atchison, executive director of the Creative Arts Center,
requested reconsideration of the funding allocated to their organization because
the impact of their programs would suffer without additional funding.
After a short discussion, Mayor Pro Tem Guerrero made a motion to transfer
$2,766 from the funds recommended for the Texas Jazz Festival to the Creative
Arts Center; seconded by Council Member Rhodes and passed unanimously by those
present and voting.
Ms. Debra Wright, a representative of the Corpus Christi Ballet, stressed
that the basis of their appeal was the prohibition of duplication of productions
and urged Council to amend this guideline so as to alleviate the problem.
Mayor Turner stated that these guidelines would be reviewed and discussed
with the Municipal Arts Commission.
Mr. Joe Rosenburg, artistic director of the Bilingual Theater Company,
requested additional funding for that organization in order to advance theater
in Corpus Christi.
Ms. Loretta Gonzales, co-founder and project director of the International
Ballet Company, provided several reasons why their organization should receive
additional funding.
Ms. Esther Narvaez, 3711 Topeka, a representative of the International
Ballet Company, questioned the criteria for the allocation of funds.
Mr. John Yochem responded that funding is recommended on the basis of the
applications, on past experience with the organization, and on feedback from the
Peer Panel.
Council Member McComb made a motion that $4,234 be transferred from the
funds recommended for the Texas Jazz Festival, reducing them to last year's
funding, and given to the Permanent Art Fund in order to restore this fund;
seconded by Mayor Pro Tem Guerrero. A show of hands was taken resulting in the
following votes: Guerrero, Moss, Hunt, Martin and McComb voting, "Aye";
Turner, Berlanga, Schwing and Rhodes voting "No." The motion passed.
City Secretary Chapa polled the Council for their votes and the following
motion was passed as amended:
tes
Regular Council Meeting
November 21, 1989
Page 9
12. M89-0338
Motion approving a recommendation by the Municipal Arts Commission for the
allocation of arts support funds to twenty-three (23) arts organizations,
the Permanent Art Trust Fund in the amount of $4,234 and a Special
Opportunities Fund and approving contracts in the amount of $20,000 with
the Corpus Christi Arts Council, $8,000 with the Texas Jazz Festival
Society and $10,000 with the Harbor Playhouse Company, totalling $138,556.
Funds are available from the Tourist and Convention Center activity,
General Fund and from the Texas Commission on the Arts as approved by the
City Council in the 1989-90 budget.
The foregoing motion passed as amended by the following vote: Turner,
Guerrero, Berlanga, Hunt, Martin, McComb, Rhodes, and Schwing voting "Aye";
Moss absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner declared a five-minute recess.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting.
Council Members Martin and Rhodes commented on the last-minute presentation
of the appeals and the time schedule for approving Municipal Arts Commission
grants.
Mayor Turner called for the City Manager's report.
City Manager Garza requested that the Council set a date for presentation
of the proposed Reinvestment Zone on Mustang and Padre Islands to the other
taxing entities.
Council Member Rhodes objected to this procedure and questioned whether the
city had the authority to proceed on this matter.
City Attorney Hal George affirmed that the notice letter sent to the other
taxing entities complied with the statute requirements.
Extensive discussion ensued concerning the notice letter, specifically the
wording as to consideration versus intent, of establishing a Tax Increment Zone
and if this satisfied the technical requirement of the statute.
The consensus of the Council was to schedule a meeting for a presentation
to the other taxing entities on Thursday, November 30, 1989, at 6:30 p.m. in the
Council Chambers.
.tes
ncgular Council Meeting
November 21, 1989
Page 10
Mayor Pro Tem Guerrero made a motion that Dr. Terry Elder be placed on the
December 5, 1989, agenda for a brief presentation on the Medical Cargo Plane,
and also made a motion that the Port Commission appointments be placed on the
December 5, 1989, agenda. The Council Members did not express any objection to
these suggestions.
Council Member McComb stated that access onto South Staples from all the
shopping centers should be equalized.
Mayor Pro Tem Guerrero questioned the effectiveness of the light at South
Staples and Moore Plaza. City Manager Garza explained that the light has been
installed on an experimental basis, and if this does not alleviate the problem,
then other alternatives for traffic control would be researched.
City Secretary Chapa noted that the approval of the Minutes of November 14,
1989, had been overlooked. Council Member Rhodes made a motion for approval of
the Minutes of November 14, 1989; seconded by Mayor Pro Tem Guerrero and passed
unanimously.
* * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Phillip Rosenstein, 949 Babalo, commented that he is opposed to the Tax
Increment Zone and that the notice letter sent to the taxing entities did not
satisfy the statute requirements.
Mr. Joe O'Brien, 4130 Pompano, questioned the constitutionality of the
process involving the Tax Increment Zone and the validity of the notice letter
sent to the other taxing entities.
After a brief discussion, Mr. Marvin Townsend, advisor to the Task Force
backing Tax Increment Zone, clarified that the letter clearly cited the sections
of the law and was a valid notification.
Mr. Raymond Hasker, 1813 Wallace, commented on Council Member McComb's
remark that the city should sue Mary Pat Slavik.
Mr. Ron Hudson, 3556 Austin Street, spoke relative to the meaning of intent
and consideration as it related to the notice letter sent to the taxing
entities. He also questioned the disbursement of $10,000 to the Arts Council.
Mr.. Trian Serbu, 14310 Playa Del Ray, questioned the reasons cited by the
Task Force for establishment of the Tax Increment Zone.
* * * * * * * * * * * * *
The Council went into closed session pursuant to Article 6252-17, Section
2(g) & (e), V.A.C.S. to:
tes
hegular Council Meeting
November 21, 1989
Page 11
a. Discuss evaluations of City Manager and City Secretary.
Consideration of compensation may occur after the closed meeting.
b. Receive City Attorney advice with regard to Bayfront Associates
vs. City of Corpus Christi. Consideration of City response to verdict
may occur after the closed session.
c. Receive City Attorney advice with regard to permitting process
for Waste Incinerator (Enviromed).
d. Receive City Attorney advice with regard to Southwestern Bell
Franchise.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 6:45 p.m.
Mayor Pro Tem Guerrero made a motion that the City of Corpus Christi
instruct its attorney to appeal the decision on the Bayfront Associates lawsuit
and appeal it to the highest court; seconded by Council Member Berlanga and
passed unanimously; Hunt absent at the time the vote was taken.
A motion was made by Mayor Pro Tem Guerrero to take the necessary steps to
give the City Manager and the City Secretary a five percent pay increase. The
motion passed by the following vote: Turner, Guerrero, Berlanga, Martin, Moss,
Rhodes, and Schwing voting "Aye"; McComb voting "No"; Hunt absent at the time
the vote was taken.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 6:50 p.m.
* * * * * * * * * * * * *
I HERFBY rFPT: FI that the foref ni <, a true and correct copy of the
Minutes of the Regular Council Mewed bying f the the
CityCiCity
ncCoof r on December Christi of
November 21, 1989, which were app
1989.
1990.
WITNESSETH MY HAND AND SEAL, this the
day of
tty Turn r, Mayor
Armando Chapa
City Secretary