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HomeMy WebLinkAboutMinutes City Council - 08/13/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 13, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Cezar Galindo Leo Guerrero Betty Jean Longoria Edward Martin Joe McComb Clif Moss Mary Pat Slavik Absent Deputy City Manager Jesus Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa City Manager Juan Garza Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Associate Pastor Larry Howard of First United Methodist 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 Rhodes called for approval of the Minutes of the Regular Council Meeting of August 6, 1991, noting that on Page 7, an amendment had been submitted by Council Member Slavik. Mayor Pro Tem McNichols recommended that there be additional documentation in the Minutes on the water issue due to the importance of this matter. Discussion ensued and Council Member Slavik made a motion to approve the Minutes of August 6, 1991 as amended, with the understanding that there be a further addition on the water issue. The motion was seconded by Council Member Moss and passed unanimously. MICROFILMED Minutes Regular Council Meeting August 13, 1991 Page 2 Mr. Chuck Galbraith, Director of Donor Resources at the Community Blood Bank, discussed the purpose of the blood bank and invited the Council to the blood drive kick-off which will be held at Sunrise Mall on August 20 at 12 noon. Mayor Rhodes referred to the Board and Committee appointments and the following appointments were made by the Council: (M91-224) CC Regional Transportation Authority Electrical Advisory Board Dean Webster W. B. Truax Duane Ricketson Human Relations Commission Park & Recreation Advisory Committee Adolf A. Andrews Gwen Bryant - Reappointed Jim McCown - Reappointed Cefe Valenzuela - Reappointed Claude Axel - Reappointed Augustine Ruiz - Reappointed Jimmy Rodriguez - Reappointed Curtis Rich Sr. Community Services Advisory Committee Transportation Advisory Committee Diana Colin Joyce H. Hoist Senior Companion Program Advisory Committee Delia Acuna Mayor Rhodes called for the Task Force Report on Youth Crime. Police Chief Garrett reviewed a plan proposed by the Youth Crime Task Force for reducing youth crime. He showed a videotape and discussed the juvenile problem in the City. Chief Garrett continued by elaborating on the following recommendations of the task force: 1. Establishing a teen center; 2. Community education; 3. Revising the current ordinances and/or adding ordinances to deal with curfew, cruising, or parking lot problems; and 4. Continuing the juvenile enforcement operations on a regular basis. He stated that the concept of a teen center was voiced loud and clear by the teenagers who met with the task force, noting that he personally endorses this concept, but only if the center is open during daytime hours and closes at 11 p.m. Minutes Regular Council Meeting August 13, 1991 Page 3 Chief Garrett and City Attorney Bray responded to specific questions raised by the Council. Council Members Martin, Guerrero, McComb and Mayor Pro Tem McNichols expressed support of the proposal. Council Member Martin stated that he would support adding more police officers to the department, and Council Member Guerrero encouraged the Police Chief to continue the public announcements. Chief Garrett stated that he is requesting $20,000 in additional funds to pay for overtime to continue the enforcement effort. A discussion followed on the concept of a teen center, and Council Members Galindo and Longoria expressed concern about the concept. Mr. Galindo expressed the opinion that the City should not be involved in a teen center concept, stating that it should be a private venture. He suggested that all the TV stations should televise the public announcements. Deputy City Manager Garza pointed out that the City is involved in this type of activity through the Parks and Recreation Department and he elaborated on the programs. Mayor Rhodes stated that today the Council is only endorsing the task force report and they will vote individually on any ordinances which are brought forth. Council Member Guerrero made a motion to accept the task force report; seconded by Council Member Martin and passed unanimously. i t t i t i t► i t s t t Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2 thru 8, and a Council Member requested that Item 6 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M91-225 Motion awarding a contract in the amount of $125,974 to Bay, Inc. to extend Matlock Street from Talmadge Street to Military Drive. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 3. M91-226 Motion authorizing the City Manager or his designee to accept a grant in the amount of $32,272 and to execute a contract and all related documents with the Texas State Minutes Regular Council Meeting August 13, 1991 Page 4 Motion authorizing the City Manager or his designee to accept a grant in the amount of $32,272 and to execute a contract and all related documents with the Texas State Library for the continued operation of the regional Interlibrary Loan Center located at Corpus Christi Public Library for State Fiscal Year 1991-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 4. M91-227 Motion authorizing the City Manager or his designee to accept a grant in the amount of $123,145 and to execute a contract and all related documents with the Texas State Library for the continued operation of the South Texas Library System located at Corpus Christi Public Library for State Fiscal Year 1991-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 5. RESOLUTION NO. 021213 APPROVING APPLICATION TO THE GOVERNOR'S ENERGY OFFICE FOR ENERGY AUDITS OF CITY FACILIVIES. The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 7. ORDINANCE NO. 021215 AMENDING THE FISCAL YEAR 1991-92 BUDGET ORDINANCE TO CORRECT THE NUMBER OF POLICE LIEUTENANTS AND OFFICERS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." 8. ORDINANCE NO. 021216 ASSESSING A COURT COST OF $1.00 FOR EACH VIOLATION OF AN ORDINANCE, REGULATION OR ORDER REGULATING THE STOPPING, STANDING, OR PARKING OF VEHICLES; LIMITING USE OF SUCH FUNDS TO A SCHOOL CROSSING GUARD PROGRAM WITH ANY EXCESS TO BE USED FOR OTHER CHILD PROTECTIVE PROGRAMS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting August 13, 1991 Page 5 * * * * * * * * * * * * Responding to a question from Council Member Slavik on Item 6, Greenwood Branch Library - Family Literacy Grant, Herb Canales, Library Director, provided background information and described a competitive grant to be provided by the U.S. Department of Education to continue a family literacy program at the Greenwood Branch Library. Council Member Martin inquired what percent of the program the grant covers, and Mr. Canales replied that it is one hundred percent. Responding to a question from Council Member Martin, Deputy City Manager Garza commented about the funding for the coordinator's position. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 6. ORDINANCE NO 021214 AUTHORIZING THE ACCEPTANCE OF A U. S. DEPARTMENT OF EDUCATION GRANT OF $34,874 DESIGNATED FOR A PARENT/CHILD LITERACY PROGRAM AT THE GREENWOOD BRANCH LIBRARY; APPROPRIATING $34,874; AND AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ADD ONE ADULT LITERACY COORDINATOR POSITION. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye? * * * * * * * * * * * * * Mayor Rhodes referred to Item 9, open alcoholic beverage containers, stating that the resolution was recommended by the Dallas City Council. She stated that the ordinance is written in support of legislation which would allow municipalities to regulate possession of open alcoholic beverage containers in designated areas of the City. City Secretary Chapa polled the Council for their votes and the following were passed: 9. RESOLUTION NO. 021217 EXPRESSING SUPPORT OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI OF THE PASSAGE OF LEGISLATION IN THE TEXAS LEGISLATURE WHICH WOULD ALLOW MUNICIPALITIES TO REGULATE POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS IN DESIGNATED AREAS OF THE CITY. Minutes Regular Council Meeting August 13, 1991 Page 6 The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Mayor Rhodes requested the City Secretary to send a copy of the resolution to the City's legislators and Council Member Wells in Dallas. s a a a a a a a a a a a a City Attorney Bray presented an overview of Item 10, City curfew ordinance and requested that additional language be inserted in the ordinance. He recommended that Sec. 33-40 (b) (2) read as follows: "Parent" means a natural or adoptive parent, stepparent, person in Loco parentis, or legal guardian of the person of the child." He stated that the language should also be inserted in section 33-41. Mayor Rhodes moved to approve the legal amendments. The motion was seconded by Council Member Guerrero and passed unanimously. Mr. Harold Hoppenrath, 338 Clifford, expressed support of the concept for a teen center, and Mayor Rhodes advised that the teen center is not covered in this ordinance but that Mr. Hoppenrath could speak under "petitions from the audience." Mr. Ron Hudson, 3556 Austin, spoke in regard to civil liberties. City Secretary Chapa polled the Council for their votes and the following ordinance was passed as amended. 10. ORDINANCE NO.021218 PROVIDING FOR CURFEW FOR MINORS; PROHIBITING PARENTS AND CUSTODIANS FROM PERMITTING CURFEW VIOLATIONS; PROHIBITING INDUCEMENT OF CURFEW VIOLATIONS; AMENDING SECIIONS 33-40, 33- 41, AND 33-42 OF THE CITY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." * s a s s:**::*: Relative to a question from Mr. Robert Hayes, 1209 Logan, President of the local Rugby Club, on Item 11, possession of alcoholic beverages at certain park facilities, City Attorney Bray stated that the ordinance provides that alcohol would be prohibited within 500 feet of softball, baseball, soccer or kickball fields unless written approval is granted for special events by the Director of Parks and Recreation. Minutes Regular Council Meeting August 13, 1991 Page 7 City Secretary Chapa polled the Council for their votes and the following ordinance passed on first reading: 11. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-1, ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL PROPERTY AND IN CERTAIN PARK AREAS; AND CHAPTER 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACI IVITIES, SECTION 36- 11, CURFEW; ALCOHOLIC BEVERAGES, BY PROHIBITING THE POSSESSION, USE, OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE IN CERTAIN DESIGNATED PARKS AND RECREATIONAL FIELDS DURING CERTAIN HOURS. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Mayor Rhodes announced the public hearing on closing and abandoning a 10 -foot wide by approximately 134 -foot long pedestrian walkway from Kingston Drive to Carroll High School in Carroll Place Addition between Lot 20, Block 1 (3830 Kingston Drive) and Block A (Crane's Landing Apartments). Deputy City Manager Garza provided background information and stated that the Corpus Christi Independent School District has submitted a request to close the pedestrian walkway which would decrease the amount of student traffic into that neighborhood. No comments were made during the public hearing. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Longoria and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 12. ORDINANCE NO. 021219 CLOSING A 10 -FOOT WIDE BY APPROXIMATELY 134 -FOOT LONG PEDESTRIAN WALKWAY BETWEEN LOT 20, BLOCK 1, AND BLOCK A, CARROLL PLACE ADDITION, SUBJECT TO SPECIFIED CONDITIONS AND RETAINING THE WALKWAY AS A UTILITY EASEMENT, AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 13, 1991 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb voting, "No"; Guerrero abstaining. Mayor Rhodes opened the public hearing on the following zoning application: 13. Case No. 691-5. Manuel N. Cantu. Jr.; A change of zoning from "AB" Professional Office District to 'B-1" Neighborhood Business District on Lot 9, Phillips 66 Subdivision, located on the north side of Baldwin Boulevard, approximately 175 feet west of Cleo Street. Mayor Rhodes stated that both the Planning Commission and staff recommend approval of the application. No one opposed the zoning request. Council Member Martin moved to close the public hearing; seconded by Council Member Guerrero and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021220 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MANUEL N. CANTU JR. BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 9, PHILLIPS 66 SUBDIVISION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO 'B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." ssss•ssaaara• Mayor Rhodes opened the public hearing on the following zoning application: 13. Case No. 691-6. Aqua Park. Inc.: A change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Lots 1 through 12, Block 87, Brooklyn Subdivision, located in an area bounded by Coastal Avenue, Seagull Boulevard, Bridgeport Avenue and E. Causeway Boulevard. Minutes Regular Council Meeting August 13, 1991 Page 9 Mayor Rhodes stated that both the Planning Commission and staff recommend denial of "I-2" District, and in lieu thereof, recommend approval of a special permit for an outside amusement park subject to the site plan and seven conditions. Mayor Rhodes inquired if the applicant agrees with the conditions of the special permit and the response was affirmative. No one expressed opposition to the special permit. Council Member Guerrero moved to close the public hearing; seconded by Council Member Galindo and passed unanimously. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO, 021220 AMENDING THE ZONING ORDINANCE UPON APPLICATION BY AQUA PARK, INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN OUTSIDE AMUSEMENT PARK SUBJECT TO SEVEN (7) CONDITIONS ON LOTS 1 THROUGH 12, BLOCK 87, BROOKLYN SUBDIVISION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye." Council Member Galindo expressed the opinion that the zoning restrictions on Corpus Christi Beach are extremely tight. He asked if the Council would like to review the requirements for that area, and Mayor Rhodes declared that she would be opposed to that, stating that the Council devoted a great deal of time and effort to make Corpus Christi Beach a nice area. Mr. Galindo moved to instruct Planning Director Harvey to provide an update of the Corpus Christi Beach restrictions and provide procedures that would loosen restrictions to promote Corpus Christi Beach area development. The motion died for lack of a second. Mayor's update - Mayor Rhodes discussed the presentation she will make to the Water Commission on the City's conditions, and Deputy City Manager Garza reviewed the tentative schedule regarding the City's strategy on the water issue. He discussed the purpose of the hearing which will be held in Austin on August 20. Discussion ensued and Mayor Pro Tem McNichols stated that it is important that everyone understands that when releases were mandated, based on Choke Canyon being full at one point in 1987, stating that if Choke Canyon were still full today, we could live with Minutes Regular Council Meeting August 13, 1991 Page 10 what was agreed to last week without any significant risk to the quality of life to the Coastal Bend. Mayor Rhodes stated that the Council does not actually want to release the water but felt that this was the strongest thing they could do to protect the City until we receive the scientific data. Dr. McNichols stated that without a substantial rainfall, in eight months the City will go into a situation where the City's drought will no longer be something that affects the City locally. He stated it will start to affect the City from the standpoint that the lack of water will become an issue to anyone considering establishing business and industry here. Deputy City Manager Garza stated that the decision made last week was that the City obtain another five-year increment to try to get this issue resolved and the fact remains that the City agreed to have some kind of releases made as ordered by the Texas Water Commission. Council Member Guerrero suggested that it would be in the best interest of the Council to hold a Council Meeting next week. He moved to have a Council Meeting on August 20, 1991. The motion was seconded by Council Member Moss and failed to pass. Mayor Rhodes called for Council concerns and liaison reports. Responding to a question from Council Member McComb, Deputy City Manager Garza discussed the procedures used by the City for water conservation measures. He stated that he will provide Mr. McComb with a report of the City's drought contingency plan. Council Member Slavik requested that staff provide her with a series of water articles which had been published in the San Antonio Light newspaper. Mrs. Slavik requested staff to provide her the date when the Council agreed to hire the Fort Worth attorney for the police negotiations. Council Member McComb spoke about vehicular traffic on the Island, and Deputy City Manager Garza stated that the Transportation Advisory Board is considering some regulations in regard to this issue which will then be presented to the Council. Responding to a question from Mr. McComb about the EMS budget, Deputy City Manager Garza stated that there is $396,822 for professional services in the EMS fund and $30,000 will be used for the dispatch training. The Council went into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S.regarding Voting Rights Lawsuit on the Council election system, and regarding Hartley v. Hinojosa and City, No. 90-913-F, 214th District Court; and pursuant to Section 2(f) regarding acquisition of property connected with the Corona Drive extension. Minutes Regular Council Meeting August 13, 1991 Page 11 s s t s: r: s s s: s a Mayor Rhodes reconvened the Council Meeting and made a motion to authorize the City's legal counsel to hire the law firm of Hunt, Hermansen, McKibben and Barger as additional counsel in the Voting Rights Lawsuit regarding the Council election system. The motion was seconded by Council Member Longoria and passed by the following vote: Rhodes, McNichols, Longoria, Martin, McComb, Moss and Slavik voting, "Aye'; Galindo and Guerrero voting, "No." (M91-228) Mayor Rhodes then moved to approve the settlement of the Hartley versus Hinojosa and City, No. 90-913-F, 214th District Court for the amount of $145,000. The motion was seconded by Council Member Longoria and passed unanimously. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. John Tanguma, 4201 River Hill Drive, Mr. Carlos Torres, 6342 S.P.I.D., and Mr. John Guerra, 5357 Fulwell, spoke about staffing levels at the Fire Department. Deputy City Manager Garza advised that the City Manager has forwarded this matter to the Fire Chief and the Human Resources Director for review, stating that a recommendation is forthcoming to the Council. Mr. Ron Hudson, 3556 Austin, spoke on the subject of separation of state and religion and religious users groups. Mr. Arthur Montalvo, a resident on Atlantic, commented in regard to public input during Council Meetings. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:40 p.m. on August 13, 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 August 13, 1991, which were approved by the City Council on August 27, 1991. WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991. Armando Chapa City Secretary