HomeMy WebLinkAboutMinutes City Council - 01/08/1991PRESENT
Mayor Betty Turner
Mayor Pro Tem Ed Martin
Council Members:
Cezar Galindo
Leo Guerrero
Tam Hunt
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing
CITY OF CORPUS CHRISTI, TEAS
REGULAR COUNCIL MEETING
JANUARY 8, 1991
2 p.m.
City Manager Juan Garza
Interim City Attorney Jimmy Bray
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chambers of City
Hall.
The invocation was delivered by Reverend Christo P. Matos of St. Nicholas
Greek Orthodox Church following which the Pledge of Allegiance to the Flag of
the United States was led by Council Member Moss.
City Secretary 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 Regular Council
Meeting of January 2, 1991 and noted that a member of the audience had raised a
question. City Secretary Chapa informed the Mayor that he was comfortable with
the Minutes as they were distributed. There being no corrections or additions,
Mayor Turner proclaimed the Minutes approved as presented.
Mayor Turner recognized Mr. James Wagner, President of the N.A.A.C.P., who
commented in regard to events honoring the memory of Dr. Martin Luther King, Jr.
Mayor Turner presented Mr. Wagner with a Proclamation designating the week of
January 14 thru January 19, 1991, as "Dr. Martin Luther King, Jr. Week."
Mayor Turner recessed the Council Meeting to conduct the JIM Executive
Meeting.
* * * * * * * * * * * * *
Minutes
Regular Council Mooting
January 8, 1991
Page 2
Mayor Turner reconvened the Council Meeting and referred to the Board and
Condit -no appointments and the following appointments were made by the Council.
(M91-004).
Electrical Advisory Board
Larry Major - Reappointed
Philip Benavides - Reappointed
Joe Cantu - Reappointed
Eloy Salazar - Reappointed
Ashok Nadkarni - Reappointed
Jeanne Sughrue - Reappointed
Oil & Gas Advisory Committee
Linda Newsom
Margaret Moss
Food Services Advisory Committee
Edward Dominguez
Sr. Companion Program Advisory Comm.
Edda Castilo - Reappointed
Tomasa Martinez - Reappointed
Mary Ruth Johnson - Reappointed
Alicia Ruiz - Reappointed
Trinidad Benavides
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Items 1 thru 7, and a
Council Member requested that Item 2 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. M91-005
Motion adopting the 17th Year (1991) Community Development Block Grant
Program timetable.
The foregoing motion passed by the following vote: Turner Martin, Galindo,
Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
3. M91-007
Motion authorizing a Mutual Use Agreement between Central Power and Light
Company and the City for the use of easements on, or adjacent to, the Mary
Carroll Channel Widening project.
The foregoing motion passed by the following vote: Turner, Martin,
Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and SChwing voting, "Aye."
Minutes
Regular Council Meeting
January 8, 1991
Page 3
4. M91-008
Motion amending the 1986 Capital Improvement Program by reprogramming
$50,000 of funds from the 1990 bond fund sale for Falcon Park to Nueces
River Park for the construction of restroom facilities at Nueces River
Park.
The foregoing motion passed by the following vote: Turner, Martin,
Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
5. ORDINANCE NO. 021061
AMENDING THE CODE OF ORDINANrFS, CHAPTER 57, VEHIrrFS FOR HIRE, SECITON
57-31, CERTIFICATE APPLICATION; SECTION 57-37(A), TAXICAB STREET USE 1th,;
SECTION 57-80, INSPECTIONS, SECTION 57-105, NEAT AND CLEAN APPEARANCE OF
DRIVERS, AND BY ADDING SECTION 57-87, CONDITION OF TAXICAB VEHICLES;
SECTION 57-88, AGE OF VEHICCFS; AND SECTION 57-115, OFF-DUTY STATUS OF
TAXICABS.
The foregoing ordinance passed on third reading by the following vote:
Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing
voting, "Aye."
6. ORDINANCE NO. 021062
AMENDING THE CODE OF ORDINANCFS, CHAPTER 57, VEHICLES FOR HIRE, SECTION
57-135, FARES -AMOUNTS, BY REPEALING SECTION 57-135 IN ITS ENTIRETY AND
SUBSTITUTING THEREFOR NEW PROVISIONS TO ESTABLISH TAXICAB RATES.
The foregoing ordinance passed on third reading by the following vote:
Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing
voting, "Aye."
7. ORDINANCE NO. 021063
AMENDING THE CODE OF ORDINANCRS, C-TAPTER 57, VESICLES FOR HIRE, SECTION
57-152, ZONES AND FARES, TO INCREASE THE RATE SIRUCTURE FOR AIRPORT
LIMOUSINE SERVICE.
The foregoing ordinance passed on third reading by the following vote:
Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing
voting, "Aye."
*************
City Manager Garza responded to a series of questions raised by Mayor Pro
Tem Martin on Item 2, Whitecap Wastewater Treatment Plant. Mr. Garza stressed
that the Legal Department has reviewed this matter and determined that there is
no legal conflict of interest involved on the part of the engineering firm.
Minutes
Regular Council Meeting
January 8, 1991
Page 4
Replying to a question from Council Member Moss, Mr. Garza responded that
the firm of Westinghouse does not have the responsibility for providing
wastewater treatment facilities for the Island.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
2. M91-006
Motion authorizing the negotiation of a consulting engineering contract
with RDC/Shearer in association with Black & Veatch for the Whitecap
Wastewater Treatment Plant Expansion.
The foregoing motion passed by the following vote: Turner, Martin,
Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application.
8. Case No. 1190-8, Citizens Bank: For a change of zoning from "A-2"
Apartment Hou District to "B-4" General Business District on Lots 9
through 12, Block 2, C.A. Meuly Addition, located on the northeast corner
of Hancock Avenue and Brownlee Boulevard.
Mayor Turner stated that both the Planning Commission and staff recommend
denial of the "B-4" General Business District, and in lieu thereof, recommend
approval of a special permit for an ambulance service facility subject to six
conditions.
Mr. Beto Garcia, owner of Lot #39 which is located near the subject
property, expressed opposition becatme of sentimental reasons. He stated that
he would like to ask the Planning Director some questions after the meeting.
Planning Director Harvey provided background information and elaborated on
the purpose of the zoning request.
Council Member Guerrero moved to close the public hearing; seconded by
Council Member Galindo and passed unanimously.
In answer to a question posed by Council Member Galindo about the
consequences if the applicant performed engine repair work outside, Mr. Harvey
responded that the applicant would be in violation of the zoning ordinance and
subject to cessation of the special permit.
Discussion ensued and Mr. Harvey responded to specific questions raised by
the Council. He discussed the adjacent zoning and land use and stated that the
applicant can park vehicles outside but cannot repair them outside. He
elaborated on the special permit and stated that the zoning ordinance always
Minutes
Regular Council Meeting
January 8, 1991
Page 5
requires a screening fence when the proposed use is on property that abuts
residences.
Mayor Pro Tem Martin expressed concern that vehicles will be serviced out-
side and he referred to other businesses that do this. Mr. Harvey indicated
that the Council resolved most of the problems with the amendments to the zoning
ordinance so that no new asps could include repairs outside, stating that it
would require industrial zoning to do work on the outside.
Mayor Pro Tem Martin referred to the proliferation of special permits and
expressed concern about creating a use that is guaranteed to be a violation,
noting that the City does not have the staff capabilities to enforce the
ordinanrPs it currently has.
Planner Michael Gunning displayed slides of the immediate vicinity and
surrounding area and de r-ribed the adjacent zoning.
Council Member Galindo made a motion to table the application for one week.
The motion was seconded by Mayor Pro Tem Martin and failed to pass by the
following vote: Martin, Hunt, Galindo, and Schwing voting, "Aye"; Turner
Guerrero, McComb, Moss and Rhodes voting, "No."
Mr. rarcia, the gentleman in opposition, spoke again and Mayor Pro Tem
Martin informed him that his property is not being changed or rezoned. Mr.
Garcia then stated that he is not opposed to the zoning application.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 021064
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF C1'1'iZENS BANK BY GRANTING
A SPECIAL COUNCIL PERMIT FOR AN AMBULANCE SERVICE FACILITY SUBJECT TO SIX
CONDITIONS ON LOl'S 9 THROUGH 12, BLOCK 2, C.A. MEULY ADDI'11ON, LDCA±w ON
THE NORTHEAST CORNER OF HANCOCK AVENUE AND BROWNLEE BOULEVARD; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Galindo, Guerrero, Hunt, McComb and Moss voting,
"Aye"; Martin and Rhodes voting, "No"; Schwing absent at the time the vote
was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
9. Case No. 1190-4, Corpus Christi Board of Realtors: For a change of zoning
from "AB" Professional Office District to "B-4" General Business District
on Lots 1 through 6, Block 14, Gardendale Addition Unit 3, located on the
east corner of Everhart Road and Williams Drive.
Minutes
Regular Council Meeting
January 8, 1991
Page 6
Mayor Turner stated that both the Planning Commission and staff recommend
approval of the zoning application.
Mayor Turner asked if anyone is opposed to the application and there was no
response.
Council Member Guerrero moved to close the public hearing; seconded by
Council member Moss and passed unanimously; Schwing absent at the time the vote
was taken.
Planning Director Harvey provided background information and responded to
questions posed by several Council Members. He stated that the primary concern
should be appropriate zoning for the subject private property and stated that it
should be "B-4" zoning.
Various Council Members expressed concern that rezoning the property would
increase the price of land the City is negotiating to buy and questioned
upgrading the property and increasing its value while the City is negotiating to
buy it.
Interim City Attorney Bray informed the Council that an application for a
change of zoning is before them; they have to determine the proper zoning based
on zoning principles; and the fact that the City may desire to purchase the
property in the future is not something that can be properly considered in
making the zoning decision.
Council Member Moss disagreed and stated that while the purchase of the
property is being negotiated, it is improper to change the zoning. He moved to
table the application until negotiations are completed. The motion was not
seconded.
After a broad conversation, Mr. Bray stated that it is his understanding
that the City is not presently in negotiations on the property, and Mr. Harvey
stated that the future right-of-way has been designed and the City knows what
property should be involved; that property is currently being appraised; and
after those appraisals are received, then the negotiations will begin.
Mr. Foster Edwards, Executive Vice President of the Board of Realtors,
spoke after the hearing was closed and stated that the Board is not at present
in negotiations with the City. He stated that their zoning application meets
every guideline. He described the present and adjacent zoning and expressed the
opinion that they should have "B-4" zoning.
Council Member McComb expressed concern that he was led to believe that the
negotiations were clearly under way.
The Council then discussed the proposed improvements in the area of Corona
and Williams Drive.
In response to a question from Council Member Galindo, Carl Crull,
Engineering Services Director, stated that he will provide him with a map
Minutes
Regular Council Meeting
January 8, 1991
Page 7
Showing the conceptual layout of the area around the Board of Realtors with the
Corona/Williams connection.
The motion was again made by Council Member Moss to table the application;
seconded by Council Member Hunt arra failed to pats by the following vote: Hunt,
Moss and Galindo voting, "Aye"; Turner, Martin, Guerrero, McComb, Rhodes and
Schwing voting, "No."
Mayor Pro Tem Martin emphasized that this property is in a "B-4" area and
he did not think approving the zoning will change the value of the property. He
stated that any appraiser or judge in a condemnation proceeding would value the
property higher becanse of the surrounding zoning.
Council Member Rhodes expressed concern about the congestion on Everhart
and stated that the Council should be careful not to create any more traffic
dicacters.
City Secretary thapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 021065
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISI'1 BOARD OF
REALTORS BY CHANGING THE ZONING MAP IN REFERENCE TO TATS 1 THROUGH 6, BLOCK
14, GARDENDALE ADDITION UNIT 3, LOCATED ON THE EAST CORNER OF E(7ERHART ROAD
AND WILLIAMS DRIVE, FROM "AB" PROFESSIONAL OFFICE 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, Martin, Guerrero, McComb, Moss and Schwing voting,
"Aye"; Galindo, Hunt and Rhodes voting, "No."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
10. Case No. 1190-6, Aqua Park, Inc.: For a change of zoning from "B-4"
General Business District to "I-2" Light Industrial District on Lots 3A,
5A, and GA, Block 54 Brooklyn Subdivision, located between Seagull
Boulevard and U.S. Highway 181 and between Bridgeport Avenue and Elm
Street.
Mayor Turner stated that both the Planning Commission and staff recommend
denial of the "I-2" Light Industrial District, and in lieu thereof, reconunend
approval of a special permit for an amusement park subject to the approved site
plan and seven conditions.
Planner Michael Gunning displayed slides of the immediate vicinity and
surrounding area showing the existing zoning and land uses.
Minutes
Regular Council Meeting
January 8, 1991
Page 8
Mr. Al Harden, 2818 East Surfside, the applicant, provided background
information and discussed the proposed amusement park. He also coimnentai about
future plans for other Aqua Park -owned property.
Council Member Moss inquired haw the City can insure that the park will be
a good operation and stay at a high class level.
Mr. Harden responded that he is still negotiating with companies that will
operate the rides in the park. He stated that nothing is finalized yet and
everything is contingent on whether they can put in the amusement park.
In response to a question from Mayor Pro Tem Martin, Planning Director
Harvey stated that the Planning Commission tried to insure that certain
functional elements would be included in the special permit so that the
operation would be acceptable to the neighborhood.
Council Member Galindo stag that he spoke with the owner of Tas Combas
Inn, who previously had boon opposed to the park and is not in opposition any
more.
Mr. Harvey discussed the site plan and the special permit, elaborating on
the use, height, parking, landscaping, screening, lighting, hours of op ration,
and noise level. He also discussed uses in "B-4" zoning.
Mr. Harvey responded to specific questions raised by the Council and a
broad discussion followed dealing with the subject of permitting requirements,
building permits and the FEMA regulations.
Mr. & Mrs. Cyril Rhodes, owners of an apartment building next to the
amusement park site, expressed opposition to the park because of the high level
of noise.
Mr. Lewis Ortiz, 3649 Leopard, inquired if the park included water rides,
and Mr. Harden responded in the affirmative. He also asked under what
conditions would the special permit be revoked, and Mayor Turner responded that
the special permit would be rescinded if the use was changed from what was
approved.
Council Member Guerrero moved to close the public hearing; seconded by
Council Member Schwing and passed unanimously.
After more conversation, Mayor Pro Tem Martin noted that if the zoning is
granted, the applicant should be aware that construction in this area of the
City is difficult because of the flood requirements.
City Secretary Chapa polled the Council for their votes and the following
ordinance was passed:
ORDINANCE NO. 21065
Minutes
Regular Council Meeting
January 8, 1991
Page 9
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF AQUA PARK, INC. BY
GRANTING A SPECIAL COUNCIL PERMIT FOR AN AMUSEMENT PARK USE SUBJECT TO THE
SITE PLAN AND SEVEN CONDITIONS ON LOTS 3A, 5A, AND 6A, BLOCK 54, BROOKLYN
SUBDIVISION, LOCATED BETWEEN SEAGULL BOULEVARD AND U.S. HIGHWAY 181 AND
BETWEEN BRIDGEPORT AVENUE AND ELM STREET; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss,
Rhodes and Schwing voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application.
11. Case No. 1190-7, Aqua Park, Inc.: For a change of zoning from "A-2"
Apartment Houoe District to "B-4" General Business District on Lots 1
through 12, Block 87, Brooklyn Subdivision, located between Coastal Avenue
and Bridgeport Avenue and between E. Caii away Boulevard and Seagull
Boulevard.
Mayor Turner stated that both the Planning Commission and staff recoimnerxi
approval of the zoning application.
Mr. & Mrs. Cyril Rhodes, owners of an apartment building next to the
proposed amusement park, expressed opposition to the zoning application.
Council Member Guerrero moved to clnea the public hearing; seconded by
Council Member Galindo and passed unanimously.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report, and City Manager Garza
declared that there was no report this week.
Mayor Turner called for liaison and other reports from the Council.
Council Member Rhodes commented in regard to a letter from a gentleman
inquiring about a stop sign which the City had indicated would be installed on
Lorin Drive, and City Manager Garza responded that other safety measures had
been installed in the area; he is looking into the issue of the stop sign; and
it will be put in.
After a brief discussion on this issue and a concern expressed by Council
Member Hunt, it was the decision of the Council that before taking any action,
they will wait to see the outcome of the stop sign and whether the situation in
the area has improved.
Mrs. Rhodes then inquired about the Javelina Plant safety issue, and City
Manager Garza reviewed the status of the situation, stating that next week he
will present an updated report to the Council and specifically mention who can
Minutes
Regular Council Meeting
January 8, 1991
Page 10
help the situation from the State level. Mrs. Rhodes requested to know whose
responsibility it is, if the situation is not safe.
Council Member Schwing requested a memorandum frau the City Manager in
regard to who is currently responsible for Council concerns.
Mr. Schwing inquired if the EDC Board appointments could be placed on the
agenda h fore the end of the month, and there was no objection from the Council.
Council Member Galindo commented in regard to a letter from the EDC about
the Gulf Intercoastal Waterway, and City Manager Garza stated that he will look
into the situation.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. JAssn Hix, 2622 Segrest, discussed the City's emergency medical service
and made suggestions regarding the use of funds.
Mr. Ron Hudson, 3556 Austin, commented in regard to the Parkdale Library
and a hazardous situation on South Staples and Carmel Parkway.
Mr. Alan Stowers, 621 Airdrome Drive, speaking on behalf of the
Caller -Times, the Flour Bluff Sun, and various TV stations, protested the
scheduled closed session discussion of the petition to repeal the utility rate
ordinance. He stated that it is an abuse of the Open Meetings Act and requested
that the discussion be conducted in open session.
Mr. J. E. O'Brien, 4130 Pompano, offered remarks in regard to Section 4 (g)
and (h) of the City Charter pertaining to initiative and referendum. He stated
that Glen Pugh, an attorney, has prepared a memorandum to the Council in
opposition to the City Attorney's opinion. Mr. O'Brien also commented in regard
to the City's bond attorney's opinion.
Mr. Jose Flores, 1222 Hayward, spoke in regard to a ca[plaint concerning a
violation in electrical wiring.
Discussion ensued and Council Member Guerrero suggested to Mr. Flores that
he take legal action against the contractor who did the installation.
Ms. Jeannine Foster, 1118 Vernon, remarked about the City's ordinance in
regard to noise nuisanrrs. She then spoke about the noise, the flare lights and
the flame from the Javelina refinery. She expressed the opinion that the plant
is not operating in a safe manner.
Mr. Jose Ramos, communicated in the Spanish language, expressing concern
about improvements to Ayers Street, and Council Member Galindo informed Mr.
Ramos that the work has already been approved for that area.
Minutes
Regular Council Meeting
January 8, 1991
Page 11
* * * * * * * * * * * * *
Mayor Turner announced the closed sn sion pursuant to Article 6252-17,
Section 2(e) V.A.C.S., to consult with the City Attorney concerning the petition
to repeal the utility rate ordinance.
Mayor Pro Tem Martin expressed concern about the legal technicalities in
regard to the petition to repeal the utility rate ordinance. He stated that he
supports the opinion of the City Attorney but would like to consider the options
of an outside legal opinion.
A substantial discussion followed in which the majority of the Council
concurred with Mr. Martin's reservations. Council Member Guerrero made a motion
to table the decision on the petition to reconsider Ordinance 21001 until the
City obtains the necessary outside legal opinions. The motion was seconded by
Mayor Pro Tem Martin and passed by the following vote: Turner, Martin, Galindo,
Guerrero, Hunt, Moss, Rhodes and Schwing voting, "Aye"; McComb voting, "No."
* * * * * * * * * * * * *
There being no further business to came before the Council, Mayor Turner
declared the Council Meeting adjourned at 5:00 p.m. on January 8, 1991.
* * * * * * * * * * * * *
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 January 8, 1991, which were
approved by the City Council on January 15, 1991,.
WITNESSETH MY HAND AND SEAL, this the 29th day of January, 1991.
Armando Chapa
City Secretary