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HomeMy WebLinkAboutMinutes City Council - 12/12/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 12, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Leo Guerrero Council Members: David Berlanga, Sr. Tom Hunt Edward A. Martin Joe McComb Clif Noss Mary Rhodes Frank Schwing City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Father Jack Kenna of St. Patrick Church following which the Pledge of Allegiance to the Flag of the United States was delivered by Council Member Clif Moss. 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 Minutes of the Special Council Meeting of November 30, 1989 and Regular Council Meeting of December 5, 1989, and there being no additions or corrections, she proclaimed them approved as presented. Mr. Steve Dewalt and Mr. George Brown, Rotary Club officials, made comments concerning the Corpus Christi Rotary Club and stated that the Club has allocated $10,000 to renovate the Confederate Memorial Fountain at the base of the Bluff Balustrade. They requested permission from the City to restore the Fountain and stated that the Club has retained Mr. Ron Sullivan, a Professor of Art at Del Mar College, to oversee the restoration. Mr. Ron Sullivan gave a brief review of the proposed Fountain restoration. A motion was made by Council Member Moss authorizing the Rotary Club to proceed with the restoration of the Fountain. Council Member McComb seconded the motion and it passed unanimously. iir607459 Lutes Regular Council Meeting December 12, 1989 Page 2 Mr. Gary Bushell, President of the Corpus Christi Area Economic Development Corporation, gave a presentation on the Freeport Exemption and informed the Council that the exemption would make Corpus Christi more competitive with other Texas cities in attracting new businesses, particularly firms which manufacture supplies for the maquiladoras along the Mexican border. He stated that the exemption would be a valuable tool in marketing the City to prospective businesses and manufacturers. Mr. Bushell responded to questions raised by Council Members, and it was the consensus of the majority of the Council not to take action which would allow the exemption to become effective January 1, 1990. Mayor Turner administered the Oaths of Office to the following newly appointed Board and Committee member: Richard Bowers - Port of Corpus Christi. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, ordinances and ordinances from previous meetings on Items 1 thru 5 and a Council Member requested that Item 5 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: 1. M89-0351 Motion approving the annual contract with the Texas Department of Health for continuation of funding of the City -County Health Department from various State and Federal funding sources in a total estimated amount of $1,758,132. This includes direct rent to the City of $88,134 for salaries and fringe benefits for the physician position for the family planning, maternity and well-child clinics, and for a Clerk -Typist I position. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 2. M89-0352 Motion adopting the City of Corpus Christi Disadvantaged Business Enterprises (DBE) Program for the Department of Aviation. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 3. M89-0353 Motion accepting the first phase of the Allen School Area Street . tes Regular Council Meeting December 12, 1989 Page 3 Improvements, and authorizing final payment of $72,142.73 plus retainage to A. Ortiz Construction and Paving, Inc. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 4. ORDINANCE NO. 20846 AMENDING ORDINANCE NO. 20512 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE MAL ASSESSMENT ROLL RC STREET IMPROVEMENTS ON THE FOLLOWING STREET: Allen School Area, Phase I - 1. Prescott Street, from Seventeenth Street to Morgan Avenue, 2. Elizabeth Street, from Seventeenth Street to Brownlee Boulevard, 3. McKenzie Street, from Eighteenth Street to Brownlee Boulevard, and 4. Fourteenth Street, from Ayers Street to Morgan Avenue; 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." * * * * * * * * * * * * * Relative to Item 5 on the renewal and extension of the Nueces Electric Cooperative, Inc. Franchise Agreement, Council Member Martin inquired about the date of the third reading of the ordinance, and City Manager Garza responded that the third reading of the ordinance will be thirty days from the date of the first reading. In regard to a question from Council Member Berlanga pertaining to expansion of the territory, City Manager Garza stated that it depends on the territory given to them by the Public Utilities Commission. He stated that their territory extends partially into the City and the district existed before being annexed by the City. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following ordinance passed on second reading: 5. SECOND READING GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., TIS SUCCESSORS AND ASSIGNS, A RENEWAL AND EXTENSION OF ITS FIVE-YEAR ELECTRIC LIGHT, HEAT AND POWER FRANCHISE GRANTED BY ORDINANCE 18372; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, MoCanb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * * .ates Regular Council Meeting December 12, 1989 Page 4 Mayor Turner informed the Council that Item 6 will be voted on following the closed cnssion meeting. She then called for consideration of Item 9 relative to the Pawnbrokers Ordinance. Mr. Garza reviewed various sections of Chapter 37 concerning pawnbrokers, secondhand dealers and gem and metal dealers. He presented the following recommended changes from the second reading of the ordinance: 1. Section 37-1; secondary metals recycling industry is excluded from definition of secondhand dealers. 2. Section 37-2 is divided into two sections: a. language is clarified so that citizen purchasers at pawnshops or secondhand dealers are not required to be thumbprinted; b. thumbprinting is required only at pawnshops; access to prints is limited; prints are to be used by police for law enforcement purpozcs only. 3. Section 37-11; annual fee is eliminated. 4. An effective date is provided as 180 days frau date of publication. Questions were raised by Council Members arra Mr. Garza responded to their queries. Relative to Section 37-2, Council Member Mccanb suggested that the individual receiving the goods should be identified by full name, and City Attorney George stated that the ordinance could be amended to include that suggestion. Mr. Garza stated that staff has attempted to clarify the language in the ordinance and to keep the amendments to a minimum. He stated that the City will submit the ordinance to the state's Consumer Credit Commissioner and request that he implement the provisions of the City's ordinance. Mr. Garza stated that the ordinance will not go into effect for six months to give the Commissioner time to determine if there is statewide support for the thumbprinting provision. Council Member Hunt stated that he would have liked more coordination with the City, the law enforcement agencies, and the pawnshop dealers. He expressed concern about the fingerprinting and stated that he will abstain from the vote. Police Chief Henry Garrett stated that the ordinance is targeted at criminals who fence stolen merchandise at local pawnshops. He stated that the thumbprinting is a tool needed in the Police Department to help combat the burglary problem. Chief Garrett stated that he strongly supports the ordinance and urged the Council to adopt the ordinance. The following individuals expressed opposition to the proposed ordinance: 1. Mr. Bill Raybor, a business owner of a secondhand business; 2. Mr. Jon Boyd, Salado, Texas; 3. Mr. Mike Fisher, Dallas, Texas, who read from a prepared statement frau pawnbrokers, stating that the ordinance is invalid and if passed, they will pursue litigation; 4. Mr. Manuel Sanchez, a business owner; 5. Mr. Billy Joe Hendricks, 4402 Driftwood; 6. Mr. Rick Gaudler, a potential business owner; 6. Ms. Murel Logue, 3229 Manassas; 7. Ms. Margie Bennett, 306 Valerie; 8. Pastor C. D. Jenkins; and 9. Mr. Charles Jones. The following individuals expressed support of the proposed ordinance: 1. Mr. Roy Pell, a member of the Citizens Police Academy Alumni; 2. Mr. Albert McKinney, representing the Telephone Pioneers of America; 3. Mr. Ray Johnson, an _,utes Regular Council Meeting December 12, 1989 Page 5 owner of Turf and Irrigation Hardware; 4. Mr. Lewis Lovelace, 1549 Casa Grande; and 5. Mr. Jack Graham, 7005 Ashdown. City Manager Garza requested the Council to substitute the ordinance before them with the proposed changes for the ordinance as passed on second reading. He then suggested that they add the amendment proposed by Council Member McComb. A motion was made by Council Member ?teat to add a sentence in Section 37-2 requesting the full name of the employee who receives the merchandise which is being pawned or sold to the pawnshop. The motion was seconded by Council Member Rhodes and passed unanimously. Council Member McComb moved to substitute the ordinance passed on second reading with the amended ordinance and the four changes proposed by City Manager Garza. The nation was seconded by Council Member Rhodes and passed unanimously. Mayor Pro Tem Guerrero expressed the opinion that the ordinance discriminates against low-income residents whose only medium of exchange is a pawnshop because they do not have aars to banks and loan companies. He stated that seventy-five percent of the people he represents live below the poverty level and for this reason, he stated that he cannot support the ordinance. City Secretary Chapa polled the Council for their votes and the following ordinance passed, as amended. 9. ORDINANCE NO. 20848 AMENDING CHAPTER 37, PAWNBROKERS, QLD 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 PLEDGET) GOODS; PERSONAL PROPER'T'Y NOT TO BE REMOVED, EIC., UNTIL MURTEEN BUSINESS DAYS AFTER DATE OF PURCHASE: EXCEPTIONS; ADDING A NEW SECTION 37-10, POSSRSSION OF I'T'EMS THAT HAVE ALTERED, OBLITERATED, OR MISSING SERIAL OR IDENTIFICATION NUMBERS PROHIBITED; ADDING A NEW SECTION 37-11, REIGISTERED PAWNSHOPS AND SECOND -LAND STORES; AND RENUMBERING PRESENT SECTION 37-10 TO SECTION 37-12; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed, as amended, on third reading by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero voting, "No"; Hunt abstaining. * * * * * * * * * * * * * Relative to Item 10 regarding the resolution instructing the City Manager to submit the City's adopted Pawnshop Ordinance to Al Endsley, Consumer Credit Commissioner, for consideration of its use throughout the State, Council Member Martin suggested that the resolution include that the City should submit a petition signed by twenty-five citizens in the community which formally request the hearings, and that Council Members Rhodes and McComb represent the Council at the follow-through of this process. Mr. Martin roved that the resolution ates Regular Council Meeting December 12, 1989 Page 6 include the above two suggestions. The motion was seconded by Council Member Rhodes and passed by the following vote: Turner, Berlanga, Martin, McComb, Moss, Rhrdpq and Schwing voting, "Aye"; Guerrero and Hunt voting, "No." Assistant City Secretary Zahn polled the Council for their votes and the following resolution was passed, as amended. 10. RESOLUTION NO. 20849 INSTRUCTING THE CITY MANAGER 10 SUBMIT THE CITY'S ADOPTED PAWNSHOP ORDINANCE TO AL ENDSLEY, CONSUMER CREDIT COMNIISSIONER FOR OONSIDERATION OF ITS USE THROUGHOUT THE STATE. The foregoing resolution passed, as amended, by the following vote: Turner, Berlanga, Martin, Mccanb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero and Hunt voting, "No.". City Manager Garza informed the Council that the petition is being drawn up and staff will immediately begin the process. * * * * * * * * * * * * * * Mayor Turner called for consideration of Item 8. City Manager Garza commented on the reccarnnendation authorizing the execution of an interlocal cooperation contract with the Texas Department of Public Safety which provides for Charles Parker to participate as a member of the Department of Public Safety Automated Fingerprint Identification System Benchmark Team. Council Member Martin suggested that the City have some type of employment agreement, whereby if the person voluntarily terminates, the Texas Department of Public Safety must reibburse the City for the salary, and City Manager Garza indicated that will be done. There were no camnents frau the audience on Item 8. Assistant City Secretary Zahn polled the Council for their votes and the following resolution was passed: 8. RESOLUTION NO. 20847 AUTHORIZING THE EXECUTION OF AN INrFRIOCAL CCOPERATION CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY WHICH PROVIDES FOR CHARLES PARKER TO PARTICIPATE AS A MEMBER OF THE DEPARTMENT OF PUBLIC SAFETY AUTOMAT FINGERPRINT IDENTIFICATION SYSTEM BENCHMARK TEAM. The foregoing resolution passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes absent at the time the vote was taken. .lutes Regular Council Meeting December 12, 1989 Page 7 * * * * * * * * * * * * * Relative to Item 7 on the proposed wastewater rate increase to fund the Capital Improvement Program, City Manager Garza provided background information He explained that approving a schedule of wastewater rate increases for the next six years will fund the proposed five-year Wastewater Capital Improvement Program and will make the Wastewater FUnd entirely self-supporting. He noted that the rate increases are a projection and subject to revision. Council Member Martin stated that he would like this topic discussed as soon as possible during a workshop presentation because it will be a major rate setting policy. Assistant City Manager Jesus Garza pointed out that the Council adopted a program a short time ago, and based on that, the staff would like to establish these proposed rates to pay for the necessary projects which are critical. City Manager Garza stated that staff will be glad to cover this in detail during a workshop session, but he did want to obtain the Council's concurrence while the Council was still familiar with the wastewater improvements that must be accomplished. Mayor Zluner inquired if it would be passible to utilize water or gas reserve funds for some of the improvements. Assistant City Manager Garza noted that he would like to briefly describe the program and stated that the options for funding do not have to be decided on at this time. Mayor Zlurner questioned why the improvements should be financed through sewer rate increases, and City Manager Garza explained that this is consistent in making the wastewater department self-supporting and that this should be determined before plans are made for next year's budget. Council Member Hunt pointed out that the Council has been informed that there are millions of net dollars in the Water Fluid and stated that he would like to know how these funds have been used in the past and the plans for their use in the future. He requested a detailed explanation of this subject. A motion was made by Council Member Martin that at next week's Council Meeting a date be set for a workshop meeting to be conducted prior to the end of January to discuss wastewater, the water fund issues, and the gas fund issues in preparation for dicnissions on the budget. He pointed out that the Council needs to adopt some policies on the use of these funds and suggested that this should be considered a major workshop meeting to be held, possibly on a Saturday. The motion was seconded by Council Member MMCanb. Council Member Berlanga stated that he needed a clarification because he was under the impression that the City Manager has the authority to transfer funds to meet the needs of various departments. Mr. Garza explained that he could not make any transfers without the Council's approval. lutes Regular mil Meeting December 12, 1989 Page 8 Mayor Turner called for the vote on Council Member Martin's motion, and it passed unanimously by those present and voting. 7. Withdrawn %s////W'// +AVICIX// xIX/MP//xP//416//gM7 * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 11. Application No. 989-7. Mr. Raymond E. Rabalais: For a Change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on all of Tract No. 5 and a fraction of Tract No. 6 of the Noakes Estate Partition out of Survey No. 419, located between the Nueces River and Up River Road, approximately 160' east of Sandy Ridge Road. Mayor Turner indicated that the Planning Commission and Planning Staff recommend denial of the application, and in lieu thereof, grant a special permit for an electrical contracting office, warehouse, storage of electrical conduit, pipe, and equipment, and an antique store, prohibiting storage of hazardous materials, with four conditions and in accordance with the approved site plan. Mayor Turner inquired if the special permit was acceptable to the applicant, and he replied in the affirmative. There was no opposition frYan the audience to the application. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Rhodes and passed unanimously; Guerrero and Schwing absent at the time the vote was taken. Planning Director Harvey informed the Council that he met with the applicant and there were a few things which had not been addressed in the recommendation. He then presented the following recommendation: Denial, and in lieu thereof, grant a spt5.aal permit for an electrical contracting office, warehouse, enclosed storage of electrical conduit, pipe, and equipment, and an antique store, prohibiting storage of hazardous materials, allowing for open storage of rolling stock only with three conditions and in accordance with the approved site plan: 1. Prohibit billboards, allowing one (1) 32 square foot sign; 2. Landscaped front yard (25') with no parking; and 3. Minimum transitional area of 30' along the side arra rear of area adjacent to "R -1B" where no new construction, parking, or paving is allowed. Council Member Rhodes made a motion to amend the ordinance and add the recamnerdations proposed by Planing Director Harvey. The motion was seconded by Council Member McCmnb and passed unanimously; Guerrero and Schwing absent at the time the vote was taken. _ antes Regular Council Meeting December 12, 1989 Page 9 Assistant City Secretary Zahn polled the Cauucil for their votes and the following ordinance passed, as amended. ORDINANCE NO. 20850 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RAYMOND E. RARATATS BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN ELECTRICAL CONTRACTING OFFICE, WAREHOUSE, ENCLOSED STORAGE OF ELECTRICAL CONDUIT, PIPE, AND EQUIPMENT, AND AN ANTIQUE STORE, PROHIBITING STORAGE OF HAZARDOUS MATERIALS, ALLOWING FOR OPEN STORAGE OF ROLLING STOCK ONLY, WITH THREE CONDITIONS ON A PORTION OF TRACTS 5 AND 6 OF THE NOAIES ESTATE PARTITION OUT OF SURVEY NO. 419; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Turner, Berlanga, Hunt, Martin, McCatt, Moss and Rhodes voting, "Aye"; Guerrero and Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza camtented on an issue regarding a lawsuit which was filed against the City. He informed the Council that the City was held harmless in this lawsuit. Mr. Garza commented on the Padre Island issue and stated that the City should proceed with the formal planning of various projects on the Island. He stated that he will provide the Council with a report regarding this matter. Mayor Turner called for reports frcra the Council. Mayor Pro Tem Guerrero inquired about a meeting regarding the IH -37 pipeline situation, and Assistant City Manager Elizondo commented on the meeting and the committee which was formed regarding local emergency situations. Mr. Elizondo stated that the City will be represented at the meeting. Mr. Guerrero inquired about the Woody's Bar situation and requested a written report regarding the status of the City's participation. Mr. Guerrero referred to his request at last week's Council Meeting concerning the county's violation of City ordinances. He asked again for a written report regarding the fines, when the county was last contacted to pursue the collection of those fines; and what is their intent in this regard. Council Member McComb camrented on the issue regarding the City's Reinvestment Zone and the involvement of Assistant City Manager Utter in this matter. He also spoke in regard to a letter to Senator Carlos Truan from the Corpus Christi Taxpayer's Association concerning the same issue. Mr. McComb sites Regular Council Meeting Decanter 12, 1989 Page 10 expressed the opinion that Assistant City Manager Utter was only performing his job in protecting the City regarding this issue. Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Messrs. Sam Moser and Reynaldo Yrlas read from a prepared statement concerning the revitalization of the downtown area and a proposal for a downtown mall. Mayor Turner suggested that the gentlemen contact Mr. Kevin Walker, the Director of the Heart of Corpus Christi, and present their proposal to that organization. Mr. J. E. O'Brien, 4130 Pompano, complimented the Council on their withdrawal of Item 7. He commented that the City's financial statement has not yet been prepared and also spoke about the amendment proposed by Assistant City Manager Utter. Mr. O'Brien requested the Council to investigate the City staff persons who were responsible for the credit check regarding the RV Park. Judge Robert Blackmon, 610 Delaine, spoke in reference to a pay increase for the municipal court judges. Mr. Raymond Hasker, 1813 Wallace, commented on the issue regarding the water rates and questioned the fact that the City is using money from the Utility Fund for purpoccs other than those which were intended. Mr. Albert Till, 1265 Southern Minerals Road, expressed appreciation to the Council and City Manager for their assistance in the Ernvironned issue. Ms. Estella Rocha commented on an issue regarding the omission of her deceased brother's name from a plaque in Sherrill Park. Mayor Pro Tem Guerrero stated that the monument is on City property. He made a motion that the name be put on the plaque or that the plaque be removed from City property. The motion was seconded by Council Member Schwing and passed. Mr. Enrique Garcia, President of the Police Officers Association, spoke about an issue regarding a donation from the Association to the City. He stated that the City has not yet responded to the offer from the Association; therefore, the offer will have to cone from a different President and Board of Directors. * * * * * * * * * * * * * The Council went into closed session under Article 6252-17, Subsection (e) (f) & (g), V.A.C.S., to: _ties Regular Council Meeting December 12, 1989 Page 11 a. Receive attorney's advice concerning telephone franchise negotiations. b. Dicnngs purchase & value of real property in connection with the West Oso drainage improvements, a part of the Agnes Street Improvements Project. c. Dicnjss evaluation of Municipal Court Judges. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for consideration of Item 6 regarding the Agnes Street, Port to Padre island Drive (West Oso Drainage Improvements, Parcel 7 Acquisition). There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following motion passed: 6. M89-0354 Notion authorizing acquisition of Parcel 7, located west of Navigation Boulevard between Bates Drive and Village on the Green Subdivision, in connection with the West Oso drainage improvements, a part of the Agnes Street Improvements project. The foregoing nation passed by the following vote: Turner, Guerrero, Berlanga, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Schwing absent at the time the vote was taken. ************* There being no additional business to came before the Council, Mayor Turner declared the Council Meeting adjourned at 6:15 p.m. on December 12, 1989. * * * * * * * * * * * * * I HEREBY CERTIFY that the Minutes of the Regular Counci December 12, 1989, which were 1989. 1990. foregoing is a true and correct copy of the 1 Meeting of the City of Corpus Christi of approved by the City Council on December 19, WITNESSETH MY HAND AND SEAL etty Turn r, Mayor this the 22'' day of Armando Chapa City Secretary