HomeMy WebLinkAboutMinutes City Council - 01/16/1996I 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 16, 1996, which were approved
by the City Council on January 23, 1996.
WITNESSETH MY HAND AND SEAL, this 23rd day of January, 1996
<i rtet1a Z2J
Armando Chapa
City Secretary
SEAL
009°
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 16, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Dr. David McNichols
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
John Longoria
Edward Martin
ABSENT
Betty Jean Longoria
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Jorge Garcia, Providence Reform Episcopal Church,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member Best.
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 January
9, 1996, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 1, earned income credit campaign.
Ms. Yolanda Olivares, an officer at Mercantile Bank, announced the 1996 Earned Income
Credit Campaign. She explained that the earned income credit is a special tax credit for employees
based upon their income and number of children (if any) they raised in 1995. Ms. Olivares added
that the earned income tax credit will be applied toward any taxes owed or it may be added to a
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Regular Council Meeting
January 16, 1996
Page 2
person's tax refund. She said information can be obtained by calling 1-800-829-1040 or the United
Way. Council Member John Longoria said the Greater Corpus Christi Business Alliance is working
with local accountants who may provide tax filing assistance in some of the Westside
neighborhoods. Ms. Olivares said Central Power & Light has prepared posters and brochures to
disseminate the information. Mayor Rhodes suggested that city staff who may qualify for the earned
income credit be notified as well.
* * * * * * * * * *
*
**
Mayor Rhodes deviated from the day's agenda and opened discussion on Item 3, Texas State
Aquarium financing.
Mr. Stephen Sullivan, Board Member of the Texas State Aquarium, gave a brief history of
the aquarium and its funding proposal. He said the aquarium is owned by the city and is operated
by a private, not-for-profit corporation under contract with the city. The original cost was
approximately $15 million with approximately $16 million for roads, land and compliance activities.
Mr. Sullivan also described many aspects of the aquarium's operations, including finances,
education, volunteers and staff.
Mr. Paul Pearson, President of the Texas State Aquarium, described the four -point program
that would be funded by the proposed issuance of $4.326 million in bonds. He said the funding
would result in the following: a reduction of aquarium operating costs through a reduction in the debt
service; funding for capital improvements that enhance the aquarium both visually and operationally;
establishment of a plan for Phase II; and creation of a significant new exhibit, the Conservation
Pavilion (Otter and Octopus Garden).
Mr. Pearson said the cost of the additional exhibit will pay for itself through increased visitor
revenues within four years (at $7.72 each for an estimated 80,000 visitors, for a total of over
$600,000). He said the aquarium's plans focus on holding operational costs down while enhancing
the visitor stay to an ultimate goal of 3% to 4 hours.
Responding to Mayor Rhodes, City Manager Garza said the next step was for city staff to
review the aquarium's program with the city's bond counsel and then bring back to the City Council
a proposal that lays out in great detail how the financing would work. Generally the proposal calls
for combination tax and revenue certificates of obligation, with aquarium revenues pledged to them.
Council Member McNichols said he supported the aquarium, and he asked at what rate the
aquarium's debt might be refinanced in the private sector. Mr. Pearson said he did not know if the
aquarium could save much in interest; however, the main problem was that the aquarium could not
obtain new funds for the maintenance and the new capital investment.
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Regular Council Meeting
January 16, 1996
Page 3
Following another brief discussion about the aquarium's financial situation, Dr. McNichols
asked if the aquarium had insurance on lost revenue if there was a major storm, and Mr. Pearson said
the aquarium had no ability to insure for that at this time. Dr. McNichols then asked if the full faith
and credit of the city would be behind the bonds, and Mr. Garza said it would.
Council Member Heldenfels expressed concern about the city using its full faith and credit
to back the bonds. Mr. Pearson pointed out that, as is the case for all museums around the country,
if the aquarium did not add new exhibits, attendance would decline dramatically.
Council Member John Longoria said it is important to emphasize to the whole community
that they are very much a part of such local attractions as the Texas State Aquarium. He noted that
this proposal is different from the financing plan of the Columbus Ships because hotel/motel
revenues have been pledged to the bonds supporting that attraction. He also added that the city is
experiencing a hiring freeze at this time and is carrying a heavy debt. He did encourage staff to bring
back several scenarios for the aquarium's financing for the Council to consider.
Council Member Martin said at issue was whether staff --in working with aquarium personnel
and supporters --will be able to show that the aquarium's revenue projections will be able to support
the financing plan. He suggested that in the plan, some funds could be held back to ensure that the
revenue stream continues. Mr. Martin added that he supported the concept.
Council Member Black expressed total support of the aquarium, since it benefits people
(particularly children) in this community and other communities.
Council Member Cooper said she normally would not support financing of this nature, but
the aquarium is essential to the city's tourism industry and she supports the concept in this instance.
Mayor Rhodes called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said the aquarium's current debt is payable out of the
Reinvestment Zone, and unless revenues increase, the reserves will be exhausted. He also delineated
the city's debt, questioning the amount of debt the community can support. He said much of that
is not voter -approved debt.
City Secretary Chapa polled the Council for their votes as follows:
3. M96-010
Motion by the City Council of the City of Corpus Christi, Texas approving the concept of
refinancing current debt; financing capital improvements and Phase II design of the Texas
State Aquarium and directing the City Manager to further develop a financing plan.
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Regular Council Meeting
January 16, 1996
Page 4
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointment was made:
Drainage Utility Ad Hoc Committee
Mike Pusley
* * * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
* ************
Mayor Rhodes opened discussion on Item 2, a special staff presentation and Council
discussion on regulation of adult businesses with undesirable secondary effects (ABUSE), with
Council direction for future consideration.
Council Member Martin noted that a Planning Commission public hearing had been
scheduled for January 24, 1996, and he questioned what the Planning Commission would be
discussing. City Attorney Bray replied that the zoning/land use aspect of the ABUSE regulations
would be discussed by the Planning Commission, and the scheduling was subject to whatever
occurred during the day's Council meeting.
Mr. Brandol Harvey, Director of Planning and Development, further explained that what
would be considered by the Planning Commission on January 24 would be possible amendments to
the Zoning Ordinance to address sexually oriented businesses; there was no specific proposal other
than that.
City Manager Garza said staff had been working on this proposal since summer 1995. More
attention has been focused on the issue in light of several complaints from citizens living near topless
clubs and since the City of Portland has been dealing with the situation of adult video stores in their
community. He said the staff's research has indicated that several U.S. cities (including many in
Texas) already have ordinances concerning adult businesses with undesirable secondary effects.
Police Chief Pete Alvarez said such ordinances in other cities have been consistently upheld
by the courts based upon protection and preservation of the quality of life in urban areas. He said
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Regular Council Meeting
January 16, 1996
Page 5
that for some time the Corpus Christi Police Department has been studying this law enforcement tool
which has been utilized by many other cities. He said much of the research had been conducted by
Commander Mike Walsh and Captain Mark Schauer of the Special Services Division, with the
assistance of Ms. Lyn Huff, Crime Analyst.
Chief Alvarez said present sexually oriented businesses in Corpus Christi consist of 15
topless bars and one adult video store. There have been numerous inquiries from other sexually
oriented businesses interested in locating in this city. He cited several studies that have been
conducted in cities throughout the state and country which show that sexually oriented businesses
reduce property values and are associated with the deterioration of residential and commercial
properties. Sexually oriented businesses also generate increased criminal activity.
Chief Alvarez said those studies confirm his own experience as a police officer in this
community over many years, particularly when he worked as a vice officer in the downtown area
in the 1970s. At that time there were many adult book stores (with peep shows), topless bars and
adult theaters located on Chaparral, Taylor and Peoples streets. He said those businesses generated
much criminal activity, including prostitution, assaults and narcotics trafficking, among others, as
well as contributed to the decline of the downtown area. Through the efforts of downtown
merchants and law enforcement, those businesses were shut down and that area has been revitalized.
He said the Corpus Christi Police Department has conducted its own comparison of topless
bars and other bars in the generation of criminal activity. While topless bars comprise only 15 of
the 164 bars in the city, 10 topless bars are in the top 20 for average police calls per month. He said
that while the state has substantially limited city regulation of bars in general, the Texas Legislature
has specifically recognized city authority to regulate sexually oriented businesses, and he believes
the city should exercise that authority.
The Police Chief said staff proposes that a comprehensive ordinance be adopted, similar to
those in other cities, and the primary elements would be a requirement that sexually oriented
businesses be located in industrial areas; that existing adult businesses be "grandfathered" for 10
years so long as they remain under the same ownership; that they be licensed; and that certain health
and safety regulations be established.
City Attorney Bray summarized the legal aspects of the city's proposed ordinance, stating
that the U.S. Supreme Court in two major cases has upheld extensive municipal regulation of adult
businesses, in addition to the Texas Legislature's action on this matter. He said the thrust of the
court cases is that cities can regulate on the basis of protecting neighborhoods (both business and
residential). The courts have said that a city cannot entirely remove such businesses but they can
be required to be located in areas where they do not create problems for neighborhoods. Mr. Bray
also discussed different aspects of ordinances which have been upheld by the courts, including
"grandfathering," licensing, and health and safety regulations.
Minutes
Regular Council Meeting
January 16, 1996
Page 6
Mr. Norbert Hart, Assistant City Attorney, gave an overview of the ordinance being proposed
by city staff. He said the locational regulations and licensing requirements in the ordinance fall
under the authority of Chapter 243 of the Texas Local Government Code, and the violation of those
provisions would constitute a Class A Misdemeanor; all other violations of the proposed ordinance
would constitute a Class C Misdemeanor.
Mr. Hart gave the definition of a sexually oriented business as provided in the ordinance, and
he pointed out that it is a "commercial enterprise, the primary business of which is the offering of
a service or the selling, renting, or exhibiting of devices or any other items intended to provide
sexual stimulation or sexual gratification to the customer." The ordinance also calls for the applicant
for a permit to be the actual owner of the business applying for a permit.
Mr. Hart also briefly discussed the definitions contained in the proposed ordinance for the
following: employee, nudity, owner, premises, residential district, specified anatomical areas,
specified sexual activities, permits required (including issuance, denial, transfer, revocation, and
suspension of a permit).
Responding to Mr. Martin, Mr. Hart said the staff is proposing that the 10 -year amortization
of an existing sexually oriented business be unique to the existing owner. Mr. Martin noted that
other non -conforming uses do not restrict as to ownership but rather as to use.
Council Member John Longoria questioned the provision in the proposed ordinance
regarding the revocation of a permit if the owner of a sexually oriented business receives three or
more convictions within a 24 -month period of offenses such as public lewdness, obscenity,
prostitution, and selling and/or hiring of children, among others.
Council Member Heldenfels questioned the proposed 10 -year amortization period for
existing businesses, saying he felt if that provision was adopted it could lead to a lawsuit against the
city. Mr. Hart replied that the courts have upheld such an amortization period as long as it can be
shown that the owner has recouped his investment in his business. Mr. Heldenfels also expressed
concern about the provision regarding permit transfer and heirship.
Mr. Martin said he felt there were two issues to be considered: adoption of an ordinance
which would control and regulate the location of future sexually oriented businesses; and the status
of existing sexually oriented businesses, all but one of which are located within 1,000 feet of
residential districts as provided for in the ordinance.
Council Member McNichols said he would support the proposal to restrict the location of
new sexually oriented businesses but he would not support any proposal to shut down (in any time
frame) an existing business.
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Regular Council Meeting
January 16, 1996
Page 7
Mr. Hart went on to describe proposed general operating regulations, including inspections,
location, age restrictions, prohibited actions, on -premise advertising, public health and education,
and management of sexually oriented businesses; as well as sign regulations.
Responding to Mr. Heldenfels, Capt. Schauer said that the Texas Alcoholic Beverage
Commission does regulate topless bars up to a certain extent, while the proposed ordinance would
regulate many other aspects of sexually oriented businesses.
Mr. Harvey reviewed the city's zoning districts and uses allowed in each. He then used maps
to illustrate the location of the city's 15 existing topless bars, and the area that excludes residential
zoning and 1,000 feet from residential zoning. He pointed out that under current zoning regulations,
a topless bar specifically requires "B-4" zoning; however, a restaurant that may or may not serve
alcohol could have nude dancing as part of its entertainment --it would not have to be a bar to be a
sexually oriented business.
Mr. Harvey also used a map to show the areas in the city limits that would be zoned "I-3"
Heavy Industrial District only and would be located outside the residential areas, as proposed in the
ordinance. He said that area would consist of 1,540 acres, or approximately 1.72% of the entire city
land area. He noted that at 1,000 feet apart, that area could accommodate 100 new sites for sexually
oriented businesses.
Mr. Longoria commented that by locating sexually oriented businesses in the area Mr.
Harvey described results in a concentration of such businesses (resulting in more crime), rather than
dispersing them throughout the city. Mr. Harvey replied that the Police Department feels the 1,000 -
foot spacing that would be required between sexually oriented businesses is a sufficient distance to
break down the effect of concentrating such businesses.
Mr. Harvey said the proposed "I-3" zoning location for sexually oriented businesses is also
designed to protect commercial uses from having to be adjacent to adult businesses. Council
Member Best suggested that staff provide more visual information about the area in which sexually
oriented businesses are proposed to be located. Mr. Garza pointed out that 1,000 feet is roughly
equal to one-fifth of a mile.
Council Member Cooper said she did not oppose regulating new sexually oriented
businesses, but she was not in favor of closing down existing businesses under any time frame.
Responding to Mr. Martin, Mr. Bray said that with regard to location of sexually oriented
businesses, the courts have said there has to be some reasonable amount of space in which they can
operate. Mr. Martin suggested that an "anti -congregation" provision be considered, and he
commented about outdoor advertising for sexually oriented businesses.
Minutes
Regular Council Meeting
January 16, 1996
Page 8
In reply to another question from Mr. Martin, Mr. Harvey said in order for the Planning
Commission to proceed with this issue, it would need some direction from the City Council as to
what zoning districts the Council thinks would be appropriate. He added that the proposed licensing
program (including distances) for adult businesses is not a Planning Commission issue.
Dr. Best said the Council needed to determine whether it was going to "grandfather" the
existing sexually oriented businesses.
Mayor Rhodes commented that she did not think the Planning Commission should consider
this issue until the Council decides what provisions should be contained in the ordinance.
Mr. Longoria said he did not think an amortization time frame would be supported by the
Council, and he said there should be some regulation of adult businesses, but nothing overly
restrictive. He also raised concern about signage and artwork on the premises of adult businesses.
Mr. Garza said he understood the Council members' concerns about putting existing
businesses out of business, and staff has grappled with that issue. He noted that many adult
businesses shut down, reorganize, and then reopen quite frequently; as a result, staff was proposing
restricting transferability of adult businesses. He said the proposed 10 -year period allowing owners
of existing businesses to recoup their investments was a fair amount of time.
Responding to Mrs. Cooper, Mr. Hart reviewed the proposal regarding revocation of a
sexually oriented business permit. He said an owner would lose his license if he knowingly allowed
a person under 18 years of age to enter the premises, or if he received three or more convictions
within a 24 -month period of different offenses, which he delineated. Mrs. Cooper said she disagreed
with certain aspects of that proposal, noting that sometimes owners cannot be responsible for the
actions of people on their premises, particularly if that action occurs in the business's parking lot.
Mr. Heldenfels echoed Mrs. Cooper's comments.
Council Member Black asked about the kind of police calls received from bars in Corpus
Christi, including topless bars. Capt. Schauer said there are all types of calls, including fights, bar
checks, investigations and others. Chief Alvarez reiterated that according to the Police Department's
study, a number of the city's 15 topless bars are in the top 20 of the city's most problematic bars.
He acknowledged that there are bars in the city which have very many police calls; unfortunately,
the city does not have much control over the use of alcohol in bars. He said he would welcome the
direction of the Council in finding ways to deal with the problematic bars that are not designated as
sexually oriented businesses.
Following more discussion, there was consensus among the Council that staff should put an
ordinance regarding sexually oriented businesses on the agenda of an upcoming Council meeting,
allow for public comment, and then the Council can amend or delete portions of the ordinance as
Minutes
Regular Council Meeting
January 16, 1996
Page 9
they see fit.
Mrs. Cooper reiterated concerns she had about the proposed ordinance, and Mayor Rhodes
emphasized that certain aspects of the ordinance (i.e., convictions for which a permit would be
revoked) were very serious and should not be diluted.
Responding to Mr. Martin, Mr. Bray said that a sexually oriented business could be
established in an unincorporated area; however, state law does give counties the same regulatory
authority that it gives cities with regard to sexually oriented businesses. Mr. Martin suggested that
once the city's ordinance is adopted, Nueces County should be made aware of it.
In reply to Mr. Heldenfels, Mr. Garza said that staff would submit the necessary zoning
amendments to the Planning Commission once the ordinance is adopted after two readings, and then
bring those zoning amendments back to the City Council for their consideration, following the
prescribed procedure.
In response to Dr. McNichols, Mr. Garza said most of the Council expressed their desire to
see a provision in the proposed ordinance which would more closely resemble the existing non-
conforming use language in the city's zoning ordinance. He added that he would like to have the
opportunity to argue that a 10 -year amortization time period is fair. Mr. Garza said the Council had
also suggested that the language regarding the location of adult businesses be refined to prevent their
congregation in one location.
Replying to Mr. Longoria, Mr. Garza referred to an ordinance which the Council passed on
November 21, 1995 which stated the Council's intent not to recognize as a protected non -conforming
use any adult business with undesirable secondary effects which began operation subsequent to
November 21, 1995. He added that all of the owners of the existing adult businesses and those who
have expressed interest in opening such a business have been notified of that change.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, law firm for landfill permitting.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4. M96-011
Motion authorizing the City Manager to employ the law firm of Lloyd, Gosselink, Fowler,
Blevins & Mathews P.C. to represent the City of Corpus Christi in obtaining a Type I
Municipal Solid Waste Permit for a new landfill from the Texas Natural Resource
Minutes
Regular Council Meeting
January 16, 1996
Page 10
Conservation Commission, on terms as set forth in the employment letter negotiated by staff,
with an hourly rate not exceeding $195, and a total not to exceed cost of $475,000 assuming
a moderately contested case.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 5 through 14, and Council Members requested that Item
9 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
5. M96-012
Motion approving a supply agreement for backfill sand in accordance with Bid Invitation No.
BI -0053-96 with LOGO Materials, Inc., Corpus Christi, Texas based on low total bid for an
estimated annual expenditure of $65,800. The term of the contract shall be for twelve
months with an option to extend for up to an additional twelve months subject to the
approval of the supplier and the City Manager or his designee. The sand is used by the
Utility Departments as backfill material for underground utility lines. Funds have been
budgeted by the Utility Departments in FY 95-96.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
6. M96-013
Motion approving a supply agreement for pre -fabricated fiberglass manholes in accordance
with Bid Invitation No. BI -0065-96 with Davis McAllen Pipe & Supply, Corpus Christi,
Texas based on low bid for an estimated annual expenditure of $39,417.50. The term of the
contract shall be for twelve months with an option to extend for up to an additional twelve
months subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by the Wastewater Department in FY 95-96.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
Minutes
Regular Council Meeting
January 16, 1996
Page 11
7.a. ORDINANCE NO. 022463
Ordinance appropriating the amount of $2,980.75 from the Sanitary Sewer Collection Line
Trust Fund No. 145-247.96 to pay developer reimbursement requests.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye";
B. Longoria absent.
7.b. M96-014
Motion approving the reimbursement application submitted by American Pawn Super Stores,
owner of Noakes Partition, Block 1, Lot 1 for the installation of 811 linear feet of 8 inch
PVC sanitary sewer collection line.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
8. FIRST READING ORDINANCE
Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed
Limit in Certain Zones by reducing the speed limit on Whitecap Boulevard from 40 MPH
to 35 MPH from Park Road 22 (South Padre Island Drive) to a point 1,000 feet west of
Cruiser Street.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
10. ORDINANCE NO. 022467
Authorizing the City Manager, or his designee, to execute a twenty year lease with the
Corpus Christi Ballet for city owned property consisting of the Sid Richardson House (Lots
5 & 6, Block 69, Beach Addition), for advancement of ballet; in consideration of a $100 per
month, rehabilitating the Sid Richardson Building, and maintaining the property; providing
for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
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Regular Council Meeting
January 16, 1996
Page 12
11. ORDINANCE NO. 022468
Authorizing the City Manager, or his designee, to execute the first amendment to the
Instituto De Cultura Hispanica lease agreement, to change the location for the building to
Lots 1 and 2, and the remainder of Lots 11 and 12, Block 78, Beach Addition; granting
parking rights in a city parking lot bounded by North Chaparral, North Mesquite, Hughes and
Brewster Streets; extending the effective date of the five year lease; in consideration of
relocating the Tex-Mex Railroad Depot and restoring and maintaining the Depot and
grounds, providing for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
12. ORDINANCE NO. 022469
Authorizing the City Manager, or his designee, to execute the second amendment to the
Museum of Oriental Cultures lease agreement with the City of Corpus Christi by changing
the lessee's name to the Museum of Asian Cultures and Education, by extending the time to
begin rehabilitation or construction within six months of the effective date of this
Amendment No. 2 and to complete rehabilitation or construction within nine months
thereafter and terminating the lease agreement if the rehabilitation or construction is not
complete by then, and by adding compliance with ADA requirements.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
13. ORDINANCE NO. 022470
Authorizing the City Manager, or his designee, to execute a ten year lease with Harbor
Playhouse, Inc. for city owned property consisting of the entire northwest warehouse of
approximately 5,000 square feet (Lots 2, 3, 4, 5, and 6, Block 78, Beach Addition) for
warehouse purposes; in consideration of $50 per month; and providing for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
Minutes
Regular Council Meeting
January 16, 1996
Page 13
14. ORDINANCE NO. 022471
Authorizing the City Purchasing Agent and Buying Supervisor to participate in interlocal
governmental cooperative purchasing programs with Houston -Galveston Area Council in
purchasing items for the City.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 9, bayfront lease agreements.
Responding to Council Member Black, Mr. Malcolm Matthews, Director of Park and
Recreatioh, said vendors on the bayfront apply for a permit through his department.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
9.a. ORDINANCE NO. 022464
Authorizing the City Manager or his designee to execute a lease agreement with Beach Boat
Rentals, Inc. for a non -motorized watercraft operation at Concession Site B on Peoples Street
T -Head through February 15, 1997 with a one year option to renew, and for a rental fee of
$7,761.60 a year with an increase of 10 percent at the time of renewal.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B.
Longoria absent.
9.b. ORDINANCE NO. 022465
Authorizing the City Manager or his designee to execute a lease agreement with Just For
Fun, Inc. for a fast -motorized watercraft operation at Concession Site C on Peoples Street
T -Head through February 15, 1997 with a one year option to renew, and for a rental fee of
$13,200 a year with an increase of 10 percent at the time of renewal.
The foregoing ordinance passed on second reading by the following 'vote: Rhodes, Best,
Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B.
Longoria absent.
Minutes
Regular Council Meeting
January 16, 1996
Page 14
9.c. ORDINANCE NO. 022466
Authorizing the City Manager or his designee to execute a lease agreement with Beach Boat
Rentals, Inc. for a slow -motorized watercraft operation at Concession Site E through
February 15, 1997 with a one year option to renew, and for a rental fee of $8,800 a year with
an increase of 10 percent at the time of renewal.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B.
Longoria absent.
* * * * * * * * * * * *
*
Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section
551.071 regarding Catherine McCormick, et al v. Pedro Reyes and City of Corpus Christi, No. 93-
282-C, 94th District Court, Nueces County, Texas with possible action thereon in open session.
The Council went into closed session.
The Council returned from closed session. Mayor Rhodes made the following motion,
seconded by Council Member John Longoria, and it passed as follows:
15. M96-015
Motion authorizing the City Manager to execute an agreement settling Catherine
McCormick, et al v. Pedro Reyes and City of Corpus Christi, No. 93-282-C, 94th District
Court, Nueces County, Texas, for $140,000 in accordance with the agreement negotiated by
the City Attorney's Office.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Garza referred to a concern that had
been raised about animal waste on the seawall sidewalk, and he stated that staff does remove the
waste.
Mayor Rhodes reported that during a recent meeting of the Metropolitan Planning
Organization, the top three transportation projects were designated as the Padre Island
Drive/Crosstown Expressway interchange, the raising of the J.F. Kennedy Causeway, and the Port
Minutes
Regular Council Meeting
January 16, 1996
Page 15
area northside road and rail corridor. She said those projects will be presented to the Texas
Transportation Commission during a meeting on Thursday, January 25, 1996 in Corpus Christi.
Mayor Rhodes called for Council concerns and reports.
Council Member Martin requested the calculation the staff had made on a zoning case at last
week's meeting for which the 20% rule had applied. He also asked if the issue of the speed limit on
South Padre Island Drive was going to come before the Council. Mr. Carl Crull, Group Manager
for Public Works and Utilities, replied that the Texas Highway Department was conducting a speed
study and they have not made a recommendation to the city as to what that speed limit should be.
In response to another question from Mr. Martin, Mr. Crull said a reception was being
scheduled for the Texas Transportation Commission, and it will be sponsored by the Greater Corpus
Christi Business Alliance, the Texas Good Roads Association, and the Association of General
Contractors from 4:30 to 6:30 p.m. on Wednesday, January 24, 1996.
Mr. Martin also commented that the Bridgepointe Landing apartment project had been
selected in a lottery, and he asked when that project would be coming back before the Council. Mr.
Tom Utter, Group Manager of Development Services, replied that it would be presented to the
Corpus Christi Housing Finance Corporation (CCHFC), assuming that all the bond financing can
be obtained. Mr. Martin said the Council members, in their capacity as members of the CCHFC,
needed to be able to discuss their criteria for that project before voting on it.
Council Member Black requested more information about an ordinance that the City of
Austin had recently passed regarding people who camp in city parks and rights-of-way.
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Mayor Rhodes called for petitions from the audience.
Mr. Douglas Meissner, owner of Bottoms Up, a topless bar, objected to the proposed
ordinance regarding sexually oriented businesses; specifically, the provision dealing with revocation
of a permit and transfer of a permit. He also contested the study of police calls conducted by the
Police Department.
Mr. Gerald Benadum, an attorney representing Mr. Richard Beck, owner of Fantasy, another
topless bar, addressed the Council. He questioned the November 21, 1995 date of the previous
ordinance concerning sexually oriented businesses. He noted that Mr. Beck opened his business 29
days after that date, but had already received all of the necessary permits before that date. Mr.
Martin said the Council had chosen the November 21 date in response to Mr. Beck's situation,
meaning that his business would be considered a protected non -conforming use.
Minutes
Regular Council Meeting
January 16, 1996
Page 16
Mr. Benadum also asked about another topless bar, called the Uptown Bar and Grill, which
he said was in a similar situation as Mr. Beck's club. City Manager Garza replied that that club had
not yet obtained its permit when the November 21 ordinance was passed. Mr. Benadum also asked
if the local Police Department study really showed that topless bars are a problem because of the
nature of their entertainment. Mr. Heldenfels said he felt Mr. Benadum's comments were valid, and
he asked if the police statistics could be segregated by capacity of each bar and other factors. Mr.
Garza replied that staff could make an approximation of those factors.
Mrs. Black commented that she does not necessarily support bars or topless bars, but she
does support business owners.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 5:20 p.m. on January 16, 1996.
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