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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