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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