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HomeMy WebLinkAboutMinutes City Council - 09/11/2001I 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 September 11, 2001, which were approved by the City Council on September 18, 2001. WITNESSETH MY HAND AND SEAL, this 18th day of September, 2001. SEAL r 3 Arm ad lCl City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 11, 2001 1:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott ABSENT John Longoria City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Secretary Armando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 Neal called for approval of the minutes of the joint and regular Council meetings of August 28, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Sister City Committee Sue Dulaney (Reappointed) Gary Hansen (Reappointed) Marvin Davis (Reappointed) Rose Gunji (Reappointed) Raquel Madrigal (Reappointed) Edna Balboa Wayne Bennett Mannti Cummins C.C. Downtown Management District Dan Richter Nueces County Community Action Agency Mayor Loyd Neal (Reappointed) Council Member Javier Colmenero (Reappointed) Council Member John Longoria (Reappointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-14). Council members requested that Item 4 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes - Regular Council Meeting September 11, 2001 Page 2 3. M2001-345 Motion authorizing the City Manager or his designee to execute an advance funding agreement with the State of Texas, acting through its Texas Transportation Commission, setting forth responsibilities for the construction, operation and maintenance of new continuous roadway illumination for the John F. Kennedy Causeway elevation project between O'Connell Street on the mainland and a point approximately 2,650 -feet east of Aquarius Drive on Padre Island, and authorizing the deposit of $48,348.05 with the Texas Department of Transportation as the City's share of construction costs. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 5. M2001-347 Motion authorizing the City Manager or his designee to execute Change Order No. 19 in the amount of $514,974.42 with Fulton Construction/Coastcon Inc., a joint venture, for the Corpus Christi International Airport terminal construction project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6. M2001-348 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,861,920.40 with Haas -Anderson Construction Inc. of Corpus Christi, Texas for the Corpus Christi International Airport terminal apron improvements Phase 2 project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 7. M2001-349 Motion authorizing the City Manager or his designee to execute a construction contract with Thyssen Stearns, Inc. of Fort Worth, Texas in the amount of $2,357,072 for the Corpus Christi International Airport Passenger Loading Bridges and Apron Lighting Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 8. RESOLUTION NO. 024571 Resolution authorizing the City Manager or his designee to execute a mutual aid firefighting agreement between Naval Air Station Corpus Christi and C.C. International Airport. if R Minutes - Regular Council Meeting September 11, 2001 Page 3 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9. M2001-350 Motion authorizing the City Manager or his designee to execute a contract with MMC Enterprise Risk Consulting, Inc. in the estimated amount of $52,550 to perform an Actuarial Study on the Self -Insurance Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10. M2001-351 Motion authorizing the City Manager or his designee to execute a construction contract with Camrett Corporation in the amount of $280,517.31 for the renovation and development of the following existing parks: Labonte Park, Oak Park, Surfside Park, West Guth Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11.a. M2001-352 Motion to accept the Child and Adult Care Food Program (CACFP), a grant from the Texas Department of Human Services in the amount of $276,382, to provide after school snacks to youth enrolled in after school enrichment programs for FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11.b. ORDINANCE NO. 024572 Ordinance appropriating a $276,382 grant from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund to provide an after school supplement (snack) for youth enrolled in Corpus Christi Independent School District after school activity programs during the school year. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11.c. RESOLUTION NO. 024573 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for the after school snack - Child Minutes - Regular Council Meeting September 11, 2001 Page 4 and Adult Care Food Program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12.a. M2001-353 Motion authorizing the City Manager or his designee to accept a grant in the amount of $71,390 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System, which is located at Corpus Christi Public Library, for the state fiscal year 2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12.b. ORDINANCE NO. 024574 Ordinance appropriating $71,390 from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for the continued operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 13. ORDINANCE NO. 024575 Ordinance abandoning and vacating a 116.40 square foot portion of a ten (10) foot wide utility easement out of Lot 53, Block 6, Highlands Oaks Subdivision; requiring the owner, Manuel Flores, to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 14. ORDINANCE NO. 024576 Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to reorganize and expand the Water Conservation Contingency Measures; providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Minutes - Regular Council Meeting September 11, 2001 Page 5 Mayor Neal opened discussion on Item 4, geotechnical investigation for the arena and convention center projects. Council Member Kelly noted that his office is in proximity to that area so he would be abstaining from discussing or voting on that item. City Secretary Chapa polled the Council for their votes as follows: 4. M2001-346 Motion authorizing the City Manager or his designee to execute a geotechnical investigation and study in the amount of $39,880 with Furgo South Inc. for the multipurpose arena and convention center expansion/rehabilitation project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent. * * * * * * * * * * * * * Council Member Chesney referred to the terrorist attacks in New York City and Washington, D.C., that occurred earlier that morning and he asked if the Council could consider only the time - sensitive agenda items and defer all the rest out of respect for the victims. Mayor Neal said that while he shares the concerns of all Americans regarding those tragedies, they have notified the citizens of Corpus Christi that proper steps have been taken to secure the city and business operations need to proceed. Mr. Chesney then made a motion to consider only the time - sensitive agenda items and to adjourn the meeting after that. Council Member Kelly said he also shares the Council's concern about what transpired in those cities. However, he said, the terrorists' intention was to disrupt the operation of the United States and he urged that the Council not give in and continue moving forward. Council Member Kinnison seconded Mr. Chesney's motion. Council Member Colmenero said he felt it was important that government not stop operating despite the terrorist acts. City Secretary Chapa polled the Council for their votes on Mr. Chesney's motion. It failed to pass by the following vote: Chesney, Kinnison, and Scott voting "Aye"; Neal, Colmenero, Garrett, Kelly, and Noyola voting "No"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda, the first of which (Item 15) was made by Ms. Elizabeth Walker regarding voluntary citizen water conservation efforts on a year- round basis. She said most people do not realize that Corpus Christi is located on the northern edge of the Wild Horse Desert, which extends south to the Sierra Madre mountains in Mexico. As a result, the Corpus Christi area does not receive a great deal of rainfall. Ms. Walker said she has formed a committee which will develop water conservation ideas if a Minutes - Regular Council Meeting September 11, 2001 Page 6 that will be promoted through the media and the school systems. She said if people continue to conserve water throughout the year, the mandatory conservation regulations will not be such a shock if they are implemented. Ms. Walker said Dr. Alan Berkebile at Texas A&M University -Corpus Christi has agreed to serve as the resource person for the committee and the members include: Dr. Jennifer Smith -Engle, Dr. Victoria Smith, Velma Soliz-Garcia, Shawn Donnoly, and Ed Garafia (Water Superintendent). Ms. Walker said she had spoken with the Mayor and Council members and they all agreed that the city needs to conserve water. Council Member Chesney commended Ms. Walker for her efforts and he said he would be willing to serve on the committee in an advisory capacity. Mayor Neal said the Council was supportive of Ms. Walker's proposal and he urged her to work with City Manager Garcia regarding the mechanics of the voluntary conservation efforts. With regard to the Council's recent discussions regarding desalination, Ms. Walker said she feels that drilling down to the brackish water level on Padre Island will strip it of the wildlife vegetation that grows there. She added that the salinity level in the Gulf of Mexico is not as high as Corpus Christi Bay and the Laguna Madre. The Mayor said the necessary scientific data will be obtained through the request for proposal process. * * * * * * * * * * * * * The second presentation (Item 16) was the quarterly update on the city's health insurance programs. Mr. Jorge Cruz-Aedo, Director of Financial Services, said that changes in the programs, particularly Citicare and Citicare Q -Plus, have had a positive impact. He said the unaudited total cash flows for all plans from August 2000 to July 2001 showed a net income of $721,222, while the unaudited cash flows for Citicare for the same period resulted in a net income of $925,877. He noted that about one year ago, the city was having to appropriate monies to balance the fund. The Citicare Fire program had a net income of $164,699 and Public Safety Citicare had a net loss of $367,382. Mr. Cruz-Aedo also reviewed the city's actions to date regarding program changes and he discussed proposed actions. He said staff is currently reviewing all the existing health and benefit policies so as to align the contracts with the end of the city's fiscal year (July 31). Staff is also looking to add improved dental and vision programs for city employees and they are considering the issuance of a request for proposals for pre-certifications/utilization review. Mr. Cruz-Aedo discussed the city's other Risk Management programs: workers compensation administration, general/auto liability administration, purchased insurance, and safety programs He said the workers compensation paid claims increased 10.6% from August 1999 -July 2000 to August 2000 -July 2001. He said the city is self-insured for general and auto liability and two city claims adjusters process all the claims. The Financial Services Director delineated the city's purchased insurance and referred to the safety programs. Responding to Mayor Neal, Mr. Cruz-Aedo said that following the recent audit, staff has implemented programs that ensure heightened supervision of the third -party administrators. The Mayor requested an update on that issue in the near future. He also asked how the city carries on its books the estimated liabilities for workers compensation and the self-insured general liability. Mr. T T Minutes - Regular Council Meeting September 11, 2001 Page 7 Cruz-Aedo replied that they are carried as liabilities that may be incurred. The Mayor asked for additional information on how staff is using the actuarial study and how it affects the short- and long-term liabilities. Council Member Colmenero asked about the diabetic care program. Mr. Cruz-Aedo said staff has focused on the educational and training aspects and piloted some diabetic training programs with a local provider, which was very successful. He said staff will be bringing to the Council a proposal for a diabetic prevention program. Council Member Garrett asked if staff is trying to address the high cost of prescription drugs. Mr. Cruz-Aedo said there is a need to make changes in the plan designs of the Citicare Fire and Public Safety Citicare programs. He added that staff is looking at a variety of options for prescription drugs, including mail order and discounted programs. Mr. Garrett asked if the city has any input in determining whether or not a drug is generic. Mr. Cruz-Aedo said the city does not but there are standards for generic and non -generic drugs. Mayor Neal recessed the Council meeting in order to read the day's proclamations. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0701-01. Alma Gloria Zuniga: A change of zoning from an "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District on Mathis Estates, Lot 1, located on the northwest corner of Gollihar Road and Laura Place. City Secretary Chapa said the Planning Commission recommended denial of the `B-1" District and in lieu thereof, approval of a special permit for a beauty shop subject to a site plan and seven (7) conditions. He said the staff recommended denial. He said the 20% rule is in effect. Mr. Michael Gunning, Director of Planning and Development, described the proposed zoning change and the location of the subject property on the corner of Gollihar Road and Laura Place. He said the applicant, Ms. Zuniga, requested the `B-1" zoning in order to operate a two -chair beauty salon within the single-family residence which fronts on Gollihar Road. He said Ms. Zuniga plans to use the 2,600 -square foot home primarily as her residence and the converted garage area as the beauty salon. Mr. Gunning said that in 1977 a special permit was granted to the subject property for the operation of a shell and plant shop but Ms. Zuniga was not the owner at that time; however, the special permit expired in 1994. He said staff was recommending denial because of the home's location in a residential neighborhood while the Planning Commission was recommending denial of the `B-1" but approval of a special permit for the beauty shop with seven conditions. Mayor Neal called for comments from the audience. Minutes - Regular Council Meeting September 11, 2001 Page 8 Mr. Paul Russo, 4426 Randall, expressed concern about the amount of traffic that would be generated and said he was opposed to the outright rezoning and to the granting of a special permit. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kinnison and passed. In reply to Mayor Neal, Mr. Chapa explained that the 20% rule applies when landowners representing 20% of the land area within a 200 -foot radius of the subject property are opposed to a zoning change. In that case, three-fourths of the Council (seven votes) is required to approve a change. Mr. Gunning said the most recent calculated percentage of opposition was 31.5%. He then replied to Council members' questions regarding the previous special permit use. He noted that some residents indicated that they were opposed to the rezoning to "B-1" but not necessarily to the proposed special permit for the beauty shop. Council Member Garrett asked how many homes near the subject property face Gollihar and Mr. Gunning said the subject property is the only one. He said most of the properties to the south face Gollihar. Mayor Neal asked the applicant to come forward. Ms. Alma Zuniga, 3322 Gollihar, said she spoke to her neighbors about her desire to operate a small beauty shop out of her home and many of them signed a petition in favor. Council Member Colmenero asked Ms. Zuniga if she spoke to the neighbors who were opposed. She replied that she spoke to Mr. Bob Rice, who lives at 4429 Laura Place, who was opposed initially to the `B-1" but she said he is not opposed to the special permit. Responding to additional questions from Mr. Colmenero, Ms. Zuniga said she has lived on the property for almost two years and she said she wanted to operate her beauty shop there because she cannot afford to rent a space for her salon. She said she anticipates having only one or two clients at a time. Council Member Noyola asked Ms. Zuniga if she agreed with the seven conditions of the proposed special permit and she replied affirmatively. Mr. Colmenero asked why staff was opposed to the special permit. Mr. Gunning said staff tries to protect neighborhoods, particularly when there is opposition to a zoning change. He said he feels this special permit is inappropriate because it introduces a non-residential use into a neighborhood. However, the Planning Commission felt that Ms. Zuniga's intention to limit the salon to two chairs and the large size of her lot (17,242 square feet) were sufficient reasons to recommend the special permit. He added that since the base zoning would remain "R -1B," the only signage Ms. Zuniga would be allowed is a one -square foot wall sign. Responding to Mayor Neal, Mr. Russo said he has lived at 4426 Randall for 11 years. He said when he moved there, the previous owners of the home at 3322 Gollihar sold Christmas trees out of their driveway and he said there was a lot of traffic and some wrecks as a result. Mr. Colmenero said this is the only property on the north side that has direct access to Gollihar and it is only one block away from the corner of Kostoryz and Gollihar where an HEB grocery store is located. He said most of the opposition is from residents on Randall and Laura T Minutes - Regular Council Meeting September 11, 2001 Page 9 streets, which will not be affected for the most part. Mr. Chapa polled the Council for their votes: 19. ORDINANCE NO. 024577 Ordinance amending the Zoning Ordinance upon application by Alma Gloria Zuniga by changing the Zoning Map in reference to Lot 1, Mathis Estates (currently zoned "R -1B" One - Family Dwelling District) by granting a Special Permit for a Beauty Shop subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney voting "No"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. 0801-01, A -A -A Storage Rodd Field- A change a zoning from "B-1" Neighborhood Business District with a Special Permit to a "B-4" General Business District on Lakeview Acres, Block 2, being 0.919 acre of Lot 14, located on the west side of Rodd Field Road, approximately 600 feet north of Holly Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024578 Ordinance amending the Zoning Ordinance upon application by A -A -A Storage Rodd Field by changing the Zoning Map in reference to 0.919 acre of Lot 14, Block 2, Lakeview Acres, from "B-1" Neighborhood Business District with a Special Permit to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 1 Minutes - Regular Council Meeting September 11, 2001 Page 10 21. Case No. 0$01-02, Irme's Skin Care Clinic: A change of zoning from an "AB" Professional Office District to a `B-1" Neighborhood Business District on Sunnyside Strip, Lot 10 and northeast half of Lot 11, located on the east side of Everhart Road, approximately 225 feet north of Jacquelyn Drive. City Secretary Chapa said the Planning Commission recommended approval of the "B-1" Neighborhood Business District and the Planning staff recommended denial. He said the 20% rule is in effect on this case also. Mr. Gunning said there is 39.1% opposition to this case. He said the applicant, Ms. Irma Omelas, is requesting a change of zoning from "AB" to `B-1" in order to include retail sales of skin care products and jewelry at her existing business as well as to expand its size and to increase the signage. He showed slides of the subject and adjacent properties. Mr. Gunning said staff discussed with Ms. Ornelas the possibility of retaining the "AB" zoning and recommending a special permit for retail sales. Ms. Ornelas was not in favor of that option because it would limit her business to one 20 -square foot wall sign but he said she could apply to the Planning Commission for a conditional sign permit to substitute the wall sign for a 20 - square foot free-standing sign. He said staff also discussed rezoning to `B -1A" but the property owner, Mr. Richard Whitt, was opposed because of the masonry fence requirement at the rear. He said the `B -1A" district is designed to protect abutting residential properties. He added that in the near future the Council will be hearing a request to rezone the property located on the corner of Jacquelyn Drive and Everhart to `B-1," so their action on this case will impact the future case. Mayor Neal called for public comment. Ms. Irma Ornelas, 4517 Snead Dr., said she has been in business for the past 14 years, the last three years at 745 Everhart, Suite B. She said her business has outgrown its current location and she now has the opportunity to expand it an additional 1,000 square feet for a total of 1,700 square feet. She said it is important to include retail sales in order for her business to survive and she showed pictures of the subject property and surrounding areas. In response to Council Member Scott, Mr. Gunning said the zoning designations around the subject property include "R -1B" across the street and behind it and "B-4" on the corner of Everhart Road and South Staples Street. He said the other uses are legal "AB" uses. Replying to Council Member Kelly, Mr. Gunning explained that the applicant has to have authorization from the property owner to submit the zoning request, which Ms. Ornelas did. He said that Mr. Whitt is opposed to the `B -1A" zoning because of the masonry fencing requirements. Mr. Kelly asked if Mr. Whitt has the option of withdrawing the zoning request if the Council decides to grant the `B -1A" zoning but not the `B-1." Mr. Gunning said since the owner went on record that he is opposed to the `B -1A," the 20% rule is already in effect, which will require seven Council votes to approve the "B- IA" over the owner's objections. However, he said if the Council approved that zoning Mr. Whitt and his tenants would have to abide by it. Minutes - Regular Council Meeting September 11, 2001 Page 11 Mr. Gunning said staff did not prepare a special permit ordinance because the applicant was specifically asked by the Planning Commission about that option and it was rejected due to the sign restrictions. Council Member Scott said Mr. Whitt told him that morning that he would not be able to be present due to business obligations. Mr. Gunning said if the Council wished, staff could meet with Mr. Whitt and Ms. Ornelas again to discuss the "B -1A" zoning and/or a special permit. Responding to Council Member Colmenero, Mr. Gunning discussed traffic issues, noting that the problem has to do with left -tum movements onto Everhart from the subject property. Ms. Ornelas said she did not feel the zoning change would result in additional traffic because her services are provided by appointment only. She reiterated that Mr. Whitt objected to the fence requirement under the "B -1A" zoning. She said Mr. Barry Abels, Executive Director of the Corpus Christi Jewish Community Council, said they objected to the whole block being rezoned to "B-1" but that he did not object to only the subject property being rezoned to "B-1." In reply to Council Member Chesney, Mr. Gunning said a salon is permitted in the "AB" district but retail sales are not, which is why Ms. Omelas would need either a special permit for retail sales or the "B-1" zoning. He said staff is planning to propose amendments to the "AB" district to allow for limited retail sales and additional signage. He also further explained the conditional sign permit process. Mayor Neal asked if the Council could grant the "B -1A" zoning with a special permit and delay the masonry fence requirement for up to 12 months. Assistant City Attorney Doyle Curtis said they could. Mr. Gunning explained the difference between the "B -1A" and "B-1" uses, which include landscaping and set -back requirements. Council Member Noyola said these restrictions are hurting Ms. Ornelas as a small-business owner. Mr. Scott said he spoke with Mr. Abels of the Jewish Community Council (JCC), who told him the board was no longer in opposition to this zoning change. Mr. Gunning said if the JCC sent a letter in support, the 20% rule would no longer be in effect. Mr. Scott said he would like Mr. Whitt to be present and he made a motion to table this zoning case until the September 18, 2001 Council meeting. Mr. Chesney seconded the motion and asked staff to speak with the others who are opposed to the zoning change. Mr. Curtis pointed out that the "B -1A" landscaping would not apply to this case because it only applies when converting from a residential use to a non-residential use. Mayor Neal called for a voice vote and the motion to table passed unanimously (Longoria absent). 21. TABLED 1 1na11cIs alneilu11tg the Loning til amancc upoll application L,y t111te s JA,n (JaIe 1,t1111c L y • 5111gj vu ap 11111.,IV1V11a,c Lu LVL 1V a110 inn it,ab v1 LVI 11, J u1111ym %.• • • p, f,otn "AB" I4oftss1o11d1 Offce D1stri Lag Li 1SuS1ncSS 1)1SU 1Gl, * * * * * * * * * * * * * Minutes - Regular Council Meeting September 11, 2001 Page 12 Mayor Neal referred to the third presentation (Item 17), the Economic Development Corporation (EDC) annual report. Mr. Joe Adame, Chairman, thanked the city for its continued support. He said the "I Believe in Corpus Christi" campaign is going well and additional visits to other communities are planned to discem what are their best practices. He said the EDC board would like to meet with the Council on a quarterly basis. Mr. Ron Kitchens, President and CEO, referred to the EDC's annual report and he noted that 2,881 new jobs were announced last year in the community and an additional 5,400 permanent jobs will be created by contractors permanently assigned to two specific projects. He said the employment situation has changed in the country, which he described. Mr. Kitchens also discussed the EDC's marketing efforts, including leads, suspects and prospects and the organization's web site. He said they are concentrating on existing clusters and developing new ones. He also discussed the EDC's agreement with NASA and said the EDC was selected by the largest entrepreneurial foundation in the United States to serve as a case study for entrepreneurial development in a community. Mayor Neal said he recently spoke with the city's largest local contractor, who said he has more people on his direct payroll now than at any time in the history of his company. Council Member Chesney commended Mr. Kitchens for the report and he asked about numbers of new jobs. Mr. Kitchens explained that their report counted primary but not secondary jobs, such as retail. Council Member Colmenero commented on how national trends and slow -downs affect the local economy. Council Member Scott said the EDC's report noted that the return on investment was 3,949% and he thanked Mr. Kitchens, Mr. Adame and the board for the "I Believe in Corpus Christi" campaign. He also discussed the importance of the EDC's regional approach. Responding to Council Member Kelly, Mr. Kitchens said that this year many companies stopped their relocation efforts because of the condition of the national economy. He said the EDC intends to study which facilities are most needed in Corpus Christi as well as the issue of incentives. Mr. Kelly said the EDC should also identify things that the Council can do to assist their efforts that do not cost the taxpayers very much money. Mayor Neal recessed the regular meeting to hold a press conference with city and county leaders to discuss their response to the terrorist attacks earlier in the day on New York City and Washington, D.C., as well as the security steps taken locally. * * * * * * * * * * * * * Upon reconvening, Mayor Neal opened discussion on Item 22, zoning application by Mr. Alfonso Benavides. City Secretary Chapa noted that the public hearing on this zoning case was held on August 21, 2001 and the hearing was closed and the case tabled to this date. Mr. Gunning said the zoning case was tabled to allow staff to meet with the applicant to develop a special permit for a bakery with an underlying "AB" zoning district. Mayor Neal called for public comment. Minutes - Regular Council Meeting September 11, 2001 Page 13 Mr. Benavides said he and his wife would prefer to have the "B-1" zoning originally requested, although they would accept the "AB" zoning with a special permit for a bakery if the Council does not leave them a choice. He said they believe the "AB" zoning would be too restrictive particularly with regard to signage and in -room dining. He noted that their property is located on Leopard Street, which is predominantly commercial and will continue to be developed that way in the future. He showed pictures of his property and the surrounding properties and said they would not establish a business that would be detrimental to his neighbors because they live there also. Mr. George Gonzales, Mr. Benavides' son, spoke about the difficulties of starting a private business even in a free -enterprise system. Council Member Kelly said he looks forward to Mr. Benavides' business opening. He noted that when the other property owners in that area purchased their homes, they expected that the surrounding property would retain the zoning that was in place at that time. He said in that area of Leopard Street there are numerous homes on the same side of the street as Mr. Benavides' property. He said he supports a special permit for the Benavides' business but he does not support "B-1" zoning because the neighbors deserve a certain level of protection until the entire transition to business zoning takes place. Council Member Noyola referred to the development plan for that area. Mr. Benavides pointed out that he talked to his neighbors about his plans, in particular Mr. McCain. Responding to Mr. Noyola, Mr. Benavides said his family does not plan to live on the subject property and they were willing to allow for a sufficient buffer area at the back of their property to protect the neighbors. Mr. Gunning said the "AB" district allows both residential and professional office uses as well as the bakery use with the special permit. Mr. Benavides said his lot is 107 feet wide and if he wanted to live in the back, he would need to leave a 35 -foot strip on one side to provide access to the back of the property, which he said he does not have. He further discussed specific aspects of the subject property as well as his future plans. Council Member Garrett asked Mr. Benavides if he planned to have a drive-through window at his business. Mr. Benavides replied that maybe in the future he would. Council Member Colmenero asked the applicant if he will be able to operate under the special permit conditions. Mr. Benavides replied that they are very restrictive with regard to signage and indoor seating. Mr. Gunning said the special permit was not restrictive, adding that the applicant can apply for a conditional sign permit to convert the wall sign to a free-standing sign. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 024579 Ordinance amending the Zoning Ordinance upon application by Alfonso G. Benavides by changing the Zoning Map in reference to the northwesterly 107 feet of Tract 16, Rolling Acres No. 1, from "R -1B" One -family Dwelling District to "AB" Professional Office District with a Special Permit for a bakery subject to two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 7 r Minutes - Regular Council Meeting September 11, 2001 Page 14 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola voting "No"; Longoria absent. Responding to Mr. Kelly, Mr. Gunning said the Planning Commission is authorized to approve a conditional sign permit, which would not have to come back before the Council. He said it is a speedy process. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Rev. Gene Stewart, 4230 Snowmass, said he is pastor of Reach Out for Christ Mission Church, which has a 60 -day permit this year to hold missions on the corner of Leopard and Crosstown Expressway. He said they would like to "borrow" 30 more days from next year's permit to use this year for missions. He described the church's efforts, including helping the homeless, the jobless and those who need assistance. Mr. J.E. O'Brien, 4130 Pompano, said he thought it was outrageous to conduct business as usual on a day of unprecedented loss of life in this country. He referred to penalties assigned the city as a result of the workers compensation audit. He also noted that the presentation on the city's Risk Management program (Item 16) was for informational purposes only and he said that issue should have been discussed in a workshop session. Mr. O'Brien questioned why the city's water rates were raised when there should have been a savings for the purchase of water from Lake Texana. Mr. R.F. Hasker, 1813 Wallace, referred to the issues on the August 28, 2001 agenda about the Garwood pipeline from the Colorado River (which he said was not clean) and a proposed pilot desalination project. He also said the Mary Rhodes Pipeline has leaks in it. Mr. Jack Gordy, 310 Norton, discussed the difference between incident and offense reports and motor vehicle accident reports, as well as the cost for each charged by the city. He also said that during the August 21st Council meeting, Council Member Chesney handed a letter from the County Attorney to the City Manager, and Mr. Gordy said Mr. Garcia then threw the letter away. He said Mr. Garcia should be reprimanded for that action. Mr. Leon Perez, 904 Buford, criticized the required water releases mandated by the Texas Natural Resource Conservation Commission. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23 regarding regulations of bed and breakfast (B&B) facilities. Mr. Gunning said that on August 28, 2001, the Council tabled the actions on the zoning text amendments related to the B&B uses, which gave staff the opportunity to continue meeting with representatives of the B&Bs and neighborhoods. He said in the original ordinance, staff had defined Minutes - Regular Council Meeting September 11, 2001 Page 15 two types of B&B uses: a bed and breakfast home, which is permitted in single-family residential areas and other zoning districts; and the bed and breakfast inn, which is allowed in more high- intensity zoning districts. Mr. Gunning then reviewed proposed changes to the zoning text amendments following passage of the ordinance on first reading. He said that originally the ordinance established the Zoning Board of Adjustment as the entity required to approve the B&B permits but the Council directed staff to change it to the Planning Commission and City Council. Another proposed change has to do with notifying neighbors in a 500 -foot radius as opposed to a 200 -foot radius in the original ordinance and establishing a separation distance of 1,000 feet (instead of 300 feet) between B&Bs. The number of rooms and boarders went from five rooms and 10 boarders to four rooms with double occupancy. He also referred to the regulations regarding the location of dumpsters, ancillary uses, and the definition of "family." He said other issues discussed with the B&B owners and residents were transferability of ownership and deed restrictions and covenants. Mr. Gunning said that in order to provide a mechanism for review of the use of B&B homes in residential neighborhoods, staff is recommending the creation of a specific -use permit (SUP) process designated as Article 25A in the Zoning Ordinance. He said the permit is intended to allow extraordinary or unusual uses to locate in the zoning districts where the use is permitted but may not be exactly consistent with adjacent properties. He said staff reviewed special use processes in other Texas cities to draft their proposal, which he described. Mr. Gunning said that representatives of the Del Mar Neighborhood Association (who were not present at the Council meeting) are still opposed to the existence of B&B homes under any circumstances in neighborhoods. Mayor Neal called for public comment. Mr. Ed Mickley, 141 Atlantic, said he and his wife co-own a bed and breakfast at that location. He said they believe that B&Bs are a positive influence on the community and provide an alternative to hotels, including a different level of safety for females traveling alone. He described a typical setting for B&Bs, which are small businesses located in neighborhoods. He said regulations and guidelines are important but he expressed concern about over -regulating them. Mr. Mickley said he also wants his neighbors to be comfortable with the B&B that they own and operate. He addressed the proposals regarding off-street parking, number of rooms and boarders, and others. Mr. Bob Wallace, 350 Grant, said he was representing Dr. Stanton Shoemaker, who owns a bed and breakfast at 3275 Ocean Drive ("Ocean House"). Mr. Wallace said that Dr. Shoemaker has participated in the development of this proposal and he generally supports the regulations, but there are many misconceptions about the operation of his business. He said the location of many of the existing B&Bs is not widely known, but Dr. Shoemaker's home on Ocean Drive is very visible, primarily because he requires parking attendants for any events held there, some of which he described. He said Dr. Shoemaker would like to continue to hold small events at his B&B and he raised concerns about some of the proposed changes. Mayor Neal asked if Ocean House should have different rules because it is located on Ocean Drive. Mr. Wallace replied that they believe the regulations should be based upon the capacity of Minutes - Regular Council Meeting September 11, 2001 Page 16 each home. The Mayor asked that once an exception is made for Ocean House, how can an exception be made for other B&Bs of a similar size. Mr. Wallace said that option should be available if people can use their property in a limited way without impacting their neighbors. Mayor Neal said it is an issue of the use of B&Bs. Council Member Scott said he had received complaints from people living on the other side of Hewitt Drive regarding noise emanating from Ocean House. Mr. Wallace said that on one particular day, Dr. Shoemaker had a wedding at his home while a large all-night party was held at a neighbor's house by a young adult whose parents were out of town. He said people erroneously assumed the loud party was at Ocean House. He said Dr. Shoemaker has never had a party with music playing after 10:30 p.m. Mr. S.M. Cowling, 138 Southern, discussed the importance of maintaining the integrity of neighborhoods and the homes that people work hard to purchase. He said a bed and breakfast, to a certain extent, is a high-class boarding house, which is required to be located in multi -family areas. He said he believes B&Bs should not be allowed in single-family areas and only the existing ones should be "grandfathered" to conform with regulations for no more than four boarders. He said single-family neighborhoods are the heartbeat of the city. Ms. Tracy Smith, owner of the George Blucher House Bed and Breakfast, said if the Council over -regulates B&Bs it will be nearly impossible for new ones to open. She said they are in the process of forming the Corpus Christi Area Bed and Breakfast Association so the owners can support each other and promote Corpus Christi as a B&B destination, which it currently is not. She noted that her home is located in a commercially zoned area and she questioned several of the regulations. In response to Ms. Smith's questions, Mr. Gunning said B&Bs are intended to be owner - occupied but the regulations address their use as commercial establishments as opposed to family habitations. Consequently, he said, owners are allowed to hold gatherings for family members and guests but once a fee is attached to those events, they become commercial uses and should be regulated. He also discussed the issue of serving alcohol. Deputy City Manager Noe said there is not a specific prohibition against a caterer bringing in a breakfast for B&B guests but there is a prohibition against renting the facility for special events. Responding to Council members' questions, Mr. Noe said the key is not who is attending a party but who is holding the party and whether or not there is a fee associated with that. Following additional discussion, Mayor Neal referred to the summary list of 12 elements in the proposed regulations (page 260 of the agenda packet) and he asked the B&B owners present to state whether or not they agreed with each one. The three issues they asked to be changed were: #5 - off -street parking; #6 - number of rooms and boarders; and #8 - ancillary uses (special events, receptions, valet parking). The B&B owners asked that the regulations be changed to require one-half space of off-street parking per rental room; five guest rooms with no more than 10 occupants; and minimal ancillary uses. Mayor Neal suggested that special uses not be "grandfathered" so as to require B&B owners to go through the specific -use permit process if they wish to hold special events at their businesses. Minutes - Regular Council Meeting September 11, 2001 Page 17 Mr. Reining pointed out that several of the existing B&Bs are in violation of the current ordinance because it only allows four boarders at a time (not four guest rooms at a time) if it is located in a single-family neighborhood. Mr. Noe said staff could craft two categories of bed and breakfasts under the specific -use permit: one for B&Bs that will not have special events and one for those that will. In response to the Council, Mr. Noe said the city cannot "grandfather" illegal uses. Mayor Neal said the Council should table the vote on this issue until next week so staff can draft the appropriate language to include the amendments discussed. City Secretary Chapa suggested that the Council approve Item 23.a. to give staff a base ordinance to work from and bring back the amendments next week. There was consensus of the Council to table Item 23.b. In response to additional questions, Mr. Curtis said that under the city's Zoning Ordinance, single-family dwellings are allowed as a matter of right in almost any zoning district (with a few exceptions such as industrial districts). Mr. Chapa polled the Council for their votes as follows: 23.a. M2001-354 Motion to amend prior to second reading of Ordinance "B" by substituting the revised ordinance. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. (Note: Item 23.b. was approved later in the Council meeting. See page 19 of the minutes.) ************* Mayor Neal announced the executive session (Item 28), pursuant to Texas Government Code Section 551.086 (Deliberation Regarding Economic Development Negotiations) to discuss and deliberate commercial or financial information from a business prospect, Singapore Technologies, that the City Council seeks to have locate in or near the City and to deliberate the offer of financial or other incentives in connection therewith, with possible discussion and action in open session. (Item 28.a. regarding Grace McNett v. City of Corpus Christi, No. 01-00072-B, 117`s District Court, Nueces County, Texas was withdrawn.) The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 24, tax levy. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. ORDINANCE NO. 024581 Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Minutes - Regular Council Meeting September 11, 2001 Page 18 Christi, Texas for the Tax Year 2001 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, and Kinnison voting "Aye"; Colmenero, Longoria, Noyola, and Scott absent. 24.b. M2001-355 Motion approving the 2001 Tax Levy of $51,722,865 based upon the adopted tax rate of $.6441745 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, and Kinnison voting "Aye"; Colmenero, Longoria, Noyola, and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, issuance of bonds for the seawall project. Mr. Cruz-Aedo said that recently the bond sale proposal was presented to the rating agencies in New York. He said the amount of the sale is $43,960,000, which is backed by the 1/8th cent sales tax. He said the bonds received very strong ratings, including an upgrading by Moody's rating agency. He said the bonds carry an interest rate of 4.97% and staff expects delivery on October 1 lth. He said the Corpus Christi Business and Job Development Corporation has approved the sale and is recommending that the City Council ratify it. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 024582 Resolution approving the resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a sales tax remittance agreement, a project agreement and a bond purchase agreement with respect to the seawall project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 26, streetscape design for the seawall. There were no comments from the audience. Council Member Kelly said he agreed with a recent letter to the editor saying that the seawall needs shade. Council Member Kinnison asked if the amount for arts in public places for the seawall project is only $20,000 and Mr. Noe replied affirmatively. He said the intent is for the design to be built into the project. City Secretary Chapa polled the Council for their votes as follows: r Minutes - Regular Council Meeting September 11, 2001 Page 19 26. M2001-356 Motion authorizing staff to issue a request for proposal to obtain an artist to work with the engineering firm on development of a streetscape design for the seawall project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27, Westside Business Association Founders Plaza. There were no comments from the audience. Council Member Kelly commented favorably on this proposal. City Secretary Chapa polled the Council for their votes: 27. FIRST READING ORDINANCE Ordinance waiving the sixty-day waiting period and publication of legal notice; naming the park facility at the Agnes/Laredo underpass at the Crosstown Expressway on State Highway 286 as the Westside Business Association Founders Plaza. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Council Member Chesney made a motion to remove Item 23.b. from the table, seconded by Council Member Scott. City Secretary Chapa polled the Council and the motion passed unanimously (J. Longoria absent). Mr. Chesney made a motion to amend Item 23.b. as follows: one-half space of off-street parking per rental room; five guest rooms with no more than 10 occupants; and allowing for special events as part of the specific -use permit process. Mr. Chesney's motion to amend Item 23.b. was seconded and it passed unanimously (J. Longoria absent). Mr. Chapa then polled the Council for their votes on Item 23.b. as amended: 23.b. ORDINANCE NO. 024580 Ordinance amending the Zoning Ordinance by revising Article 3, Definitions; Article 4A, "F -R" Farm -Rural District Regulations; Article 4B, "RE" Residential Estate District Regulations; Article 4C, "RA" One -family Dwelling District Regulations; Article 5, "R -1A" One -family Dwelling District Regulations; Article 6B, "R-TH" Townhouse Dwelling District Regulations; Article 8A, "A -1A" Apartment House District Regulations; Article 9, "A-2" Apartment House District Regulations; Article 10, "AT" Apartment -Tourist District Regulations; Article 11, "AB" Professional Office District Regulations; Article 12A, `B -1A" r Minutes - Regular Council Meeting September 11, 2001 Page 20 Neighborhood Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District Regulations; Article 22, Parking Regulations; and Article 29, the Board of Adjustment. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said there are several presentations scheduled for the September 18th Council meeting, including the presentation on the Broadway Wastewater Treatment Plant that was deferred at this meeting. Mayor Neal suggested that the meeting start at 1 p.m. In his report, the Mayor again expressed his condolences to the victims of the terrorist attacks and he thanked the Council for proceeding with their business despite the difficulties of the day. He then called for Council concerns and reports. Mr. Noyola asked if the Council could meet with the Park and Recreation Advisory Board regarding the new golf course and the condition of the Gabe Lozano Golf Course, which he said needs much improvement. Mr. Kinnison said he wanted the Council to hear the presentation next week on the new golf course because they have been discussing it for years. In response to a question from Mr. Noyola, Mr. Tony Cisneros, Director of Park and Recreation, said that during a previous presentation, staff informed the Council that the Greens Committee and the Park and Recreation Advisory Committee both recommended that the surcharge monies be used for improvements to the existing two golf courses rather than for a new one. He said staff explained to the committee members that the surcharge was established by the Council as a way to fund a new golf course. A brief discussion ensued. Mr. Scott asked if the proposed plan for improvements to the Art Museum of South Texas could be presented to the Council. Mayor Neal asked Mr. Garcia to relay that request to the museum's board. Mr. Scott also referred to the terrorist attacks and expressed his pride in Corpus Christi and in the United States. Mr. Colmenero asked that options for the Oso Golf Course be included in staff's report and he asked for a report on recent street flooding. Mr. Kelly said he feels the intention of the terrorists' attacks was to go far beyond the victims themselves and to intimidate all Americans. He said symbols are important at a time like this and he invited all Corpus Christi residents to express their patriotism, including flying the American flag. Mayor Neal thanked city staff, particularly Police, Fire and Emergency Management personnel, for their assistance in carrying out the city's emergency plan. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:40 p.m. on September 11, 2001.