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HomeMy WebLinkAboutMinutes City Council - 02/19/1991PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero * Tom Hunt Edward A. Martin Joe McComb Clif Moss Frank Schwing I+LLNUTFS CITY OF CORPUS CHRISTI, TEXAS REGULAR C OUN IL MEETING FEBRUARY 19, 1991 2 p.m. City Manager Juan Garza Interim City Attorney James Bray City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Glen Kramer of Galilean Lutheran Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Galindo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Turner called for approval of the Minutes of the Regular Council Meeting of February 12, 1991, and there being no corrections or additions, she proclaimed them approved as presented. * Council Member Guerrero arrived at the meeting. Mayor Turner referred to the Board and Committee appointments and the following appointments were made by the Council: (M91-038) C.C. Area Economic Development Corp. Planning Commission Council Member Joe McComb Elizabeth Hoelscher Alma Meinrath Intergovernmental Comm. on Drug & Alcohol Sister City Committee Jean Newberry - Reappointed Jose Alvarado, Jr.- Reinstated MICROFILMED Minutes Regular Council Meeting February 19, 1991 Page 2 Carol Hailey Michael Flores Gail Hoffman - Declined Fred Hoffmann Mechanical/Plumbing Advisory Board James Sutton - Reappointed Ronald Murray - Reappointed Roberto Olivo - Reappointed Derwood Anderson - Reappointed Senior Companion Program Advisory Committee Alicia M. Guzman * * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. David Noyola, 4433 Valdez, invited the Council to a citizen's march beginning at West Haven Park to Molina Veterans Park on Sunday at 2 p.m. in support of the troops in the Persian Gulf. Mr. Ron Hudson, 3556 Austin, commented in regard to a section of land near the Parkdale Library and requested that the lot be maintained. Mrs. Sally Madalin, 5026 Wooldridge, remarked about the DWI problem in the City and urged the Council to support a proposed resolution which would strengthen DWI laws. Mr. Harold Hoppenrath, 338 Clifford, expressed appreciation to the Council for their nomination of Betty Hoelscher to the Planning Coimnission. Mr. Jesse Hix, 2622 Segrest, made suggestions in regard to recycling, whereby deposits would be required for aluminum cans, glass and plastic bottles, and plastic bags. * * * * * * * * * * * * * Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 7. Item 6 was withheld at the request of the City Manager, and Item 7 was withheld at the request of a member of the audience. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-039 Minutes Regular Council Meeting February 19, 1991 Page 3 Motion approving the purchase of two swimming pool heaters in accordance with Bid Invitation No. BI -0130-91 from Certified Pools & Spa Specialists, Corpus Christi, Texas, based on low bid for a total of $11,674. Thee heaters will be installed at the Collier Pool and will replace two existing units. Funds are available from the 1989 Park Bond Fund. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, MoCeth, Moss and Schwing voting, "Aye." 2. M91-040 Motion approving a supply agreement for approximately 990 tons of liquid chlorine delivered in tank cars in accordance with Bid Invitation No. BI -0108-91 with Pioneer Chlor Alkali Company, Inc., Houston, Texas, based on low bid for an estimated annual expenditure of $38,313. The tern of the agreement shall be 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 liquid chlorine will be used by Water Production and funds have been budgeted for Fiscal Year 90-91. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 3. M91-041 Motion awarding a contract in the amount of $164,300 to R. S. Black Engineering and contracting to install dechlorination facilities at the Allison and Laguna Madre Wastewater Treatment Plants. The foregoing motion passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 4. ORDINANCE NO. 021082 AUTHORIZING THE DOnY'ION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY FOR THE CONSIRUGTION, UTILIZATION AND MAINTENANCE OF THE SIX POINTS TRIANGLE FOR BUS s uP PURPOSES; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 5. ORDINANCE NO. 021083 AUTHORIZING THE ECEXUPION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, ON ITS BEHALF AND AS AGENT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AND GEORGE ROBERT SWANTNER, FOR THE INSTALLATION AND MAINTENANCE OF A FIVE-FOOT CONCRETE, SIDEWALK WITHIN THE ALLEY FROM PALMER° TO CLIFFORD, LANDSCAPING AND CONCRETE WALKWAYS TO REAR Minutes Regular Council Meeting February 19, 1991 Page 4 ENTRANCE TO RETAIL, BUSINESSES WITHIN THE PROPERTY KNOWN AS DEL MAR SUBDIVISION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance pasood by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Sdhwing voting, "Aye." * * * * * * * * * * * * * City Manager Garza advised that Item 6, an agreement with CCISD, is a result of an arrangement between the City and CCISD working together on methrds to share facilities and resources. Malcolm Matthews, Director of the Park & Recreation Department, provided details of a proposal with CCISD to exchange property use with Mary Grett School and John Jones park for public purposes. He elaborated on the agreement and spoke about joint facility arrangements. In regard to Item 7, amending the Code of Ordinances, Chapter 19, Food and Food Establishments, Mr. Ron Hudson, 3556 Hudson, inquired if the ordinance would ming the City in compliance with the Texas Department of Health's rules on food service and sanitation in regard to violations. Bill Hennings, Development Services Director, advised that the City ordinance also adopts the State Health Department's Food Service Sanitation Manual which includes rules on food service sanitation. He stated that the ordinance specifies that if there is a conflict between the ordinance and the manual, the stricter requirement would prevail. City Secretary Chapa polled the Council for their votes and the following were passed: 6. FIRST READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRIsl'1 INDEPENDENT SCHOOL DISTRICT TO EXCHANGE PROPERTY USE REGARDING MARY GREIT SCHOOL AND JOHN JONES PARK FOR PUBLIC PURPOSES. The foregoing ordinance passed on first reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." 7. ORDINANCE NO. 021084 AMENDING THE CODE OF ORDINANCES, CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, BY AMENDING SECTIONS 19-1, 19-39, 19-40, 19-49, 19-54, 19-56, AND 19-58. The foregoing ordinance passed on third reading by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." Minutes Regular Council Meeting February 19, 1991 Page 5 * * * * * * * * * * * * * Mayor Turner called for consideration of Item 8, security deposits for public utility services. City Manager Garza advised that staff has conducted surveys of other cities and has conversed with the local utilities' representatives, and staff recommendation is similar to sernrity deposit procedures in other cities. Victor Medina, Public Utilities Director, provided background information concerning the security deposits for public utility servirns and discussed the funding in the Utility Meter Deposit Fund. He reviewed the proposed amendments to the current utility deposits, stating that the recommendation is to return the City's deposits to residential customers within a 12 -month period and within a 24 -month period for commercial customers. He then commented in regard to the increases of deposits for residential and commercial customers on water, wastewater and gas. Responding to a question from Council Member Schwing, Mr. Medina stated that the City's fee regarding hook-ups has not been updated in years. Mr. Schwing requested that the Council be provided background information by next week on what other cities and other utilities charge for hookups. Mr. Schwing stated that he would like to amend Item 3 - Credit of Customer Deposits for residential accounts. Mr. Schwing moved that residential deposits be credited to customer accounts with approved credit twelve months after placing a deposit with the City or six months after the effective date of this ordinance. The motion was seconded by Council Member Guerrero. Council Member Moss suggested that the refunding begin as soon as possible. He commented in regard to the revenues from the sales tax and expressed concern about individuals who have been paying interest for many years. Mr. Garza stated that he is opposed to transferring sales tax dollars to utilities. A broad discussion followed and Council Member Schwing amended his motion that residential deposits will be credited to customer accounts with approved credit twelve months after placing a deposit with the City or by August 1, 1991 for existing accounts. City Manager Garza responded to specific questions raised by the Council. More discussion followed and Mayor Turner repeated Mr. Schwing's motion whereby residential deposits will be credited to customer accounts with approved credit twelve months after placing a deposit with the City or by August 1, 1991 for existing accounts. The motion amending the ordinance passed unanimously. Responding to a question from Council Member Moss, City Manager Garza spoke about what the Public Utilities Conuission requires of other public utilities, and Mt. Moss expressed the opinion that the City should be subject to the same rules as the other utilities. Minutes Regular Council Meeting February 19, 1991 Page 6 Council Member MOCanb pointed out that those are profit-making operations, stating that the City is not a profit-making operation and, therefore, should not be required to pay interest. Council Member Martin suggested an additional amendment to the ordinance that on caumercial accounts, the initial refund take place by August 1, 1991 on those accounts on which the City is earning interest, and as soon as possible on those accounts on which the City is not earning any interest. The motion was seconded by Council Member Schwing and passed unanimously. Mr. Martin expressed concern abort crediting the deposit on the utility bills. He suggested that by the third reading of the ordinance, staff could develop a system of perhaps placing the bill and a refund check in the same envelope. He asked what the expenses would be if the refund were in the form of a check. Responding to a question frau Council Member MOCanb, Mr. Medina stated that the City is tightening up its collection process on delinquent accounts and he elaborated on the procedure. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading as amended: 8. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, BY AMENDING SECTIONS 55-25 AND 55-27. The foregoing ordinance passed on first reading, as amended, by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 9. Case No. 191-3, The Estate of T. A. Harrell, Jr.: A change of zoning from "B -l" Neighborhood Business District to "B-4" General Business District on Lot C, Block 10, Schanen Estates, located on the southeast corner of Weber Road and Del Starr Drive. Mayor Turner stated that both the Planning Commission and staff recommend approval of the recommendation. There was no opposition from the audience to the change of zoning. Council Member Guerrero moved to close the public hearing; seconded by Council Member Galindo and passed unanimously. Minutes Regular Council Meeting February 19, 1991 Page 7 Discussion ensued and Mayor Pro Tem Rhodes expressed concern if the use were to change sometime in the future. She inquired if a special permit had been considered, and Planning Director Harvey replied that staff did consider a special permit and they are attempting to avoid recommending special permits unless it is a case that can only be resolved by a special permit. Responding to a question from Council Member Martin about using "B-3" zoning in similar cases, Mr. Harvey stated that staff is considering recarmending more "B-3" as an alternative for "B-4" to prevent future residential zoning from conflicting with commercial. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021085 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE ESTATE OF T. A. HARRE L, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT C, BLOCK 10, SCHANEN ESTATES, LOCATED ON THE SOUTHEAST CORNER OF WEBER ROAD AND DEL STARR DRIVE FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Rhodes voting, "No"; Moss absent at the time the vote was taken. * * * * * * * * * * * * * Council Member McComb announced that he has filed a Conflict of Interest affidavit with the City Secretary's office on Item 10 and will abstain from the discussion and vote. Mayor Turner opened the public hearing on the following zoning application: 10. Case No. C191-2, City of Corpus Christi: A change of zoning from "I-2" Light Industrial District to "R -1C" One -family Dwelling District on Lots 1 through 8, Block 1; Lots 1 through 11, Block 2; a remaining portion of Block 2; and Lots 1 through 29 and Lot 30B, Block 3, Woodlawn Heights Subdivision; and Lots F arra K, Block 2, Woodlawn Heights Subdivision Annex, located along both sides of Garfield Drive, between Leopard Street and Westchester Drive. Mayor Turner stated that both the Planning Commission and staff recommend approval, with the deletion of Lot "K" if the property owner wishes its deletion. Planning Director Harvey reviewed the status of the zoning request and provided background information. He showed slides of the vicinity and presented a video of the residential neighborhood. He stated that because of the Minutes Regular Council Meeting February 19, 1991 Page 8 industrial zoning and the residential use, a decision has to be made as to what direction the area will take, whether it remain residential or become industrial. Mr. Harvey commented in regard to the Westside Area Development Plan which indicated that the area should remain single-family residential He spoke about the adjacent land use and discussed the City's applicable policy statements. Mr. Harvey then elaborated on the reasons for initiating the rezoning. He noted that the 20 percent rule is in effect because surrounding property owners within the 200 foot area of notification are in opposition. Mr. Harvey responded to specific questions raised by the Council, and in response to a concern expressed by Mayor Ttnrner, Mr. Harvey stated that the zoning would validate and protect the existing single-family property owners and prohibit those lots from becoming commercial or industrial. He noted that the properties behind the lots on Garfield would remain industrial. The following individuals spoke in support of the zoning application: Mr. Frank Bolanos, 4513 Garfield, and Ms. Josie Ramirez, 301 Garfield, who presented a petition with 33 signatures of residents in favor of the application. She stated that the neighborhood understands that they can improve and expand their homes and can obtain permits which they previously were not allowed. Council Member Schwing explained to Ms. Ramirez that the property would only be of value to the owners if the zoning remained industrial, and Ms. Ramirez stated that the financial institutions will not finance homes that are presently for sale because of the zoning, but if it were changed to residential, they would finance them. Also speaking in favor of the zoning application was Ms. W. Edwards, an owner of property at 318 Garfield. A brief conversation followed and Mayor Turner called for those in opposition to the application. Mr. Ed Prichard, an attorney, 1500 Texas Commerce Plaza, stated that he represents a group of surrounding business owners who are opposed to the change, and he identified the businesses. He provided background information and cmmented about the Planning Commission meeting which was held concerning this zoning request. He stated that the neighbors have co -existed for almost 40 years and there never before has been a problem. Mr. Prichard continued by referring to the Westside Area Development Plan and stated that the plan does not indicate that this particular area should be rezoned. He cited the various reasons his clients are opposed to the application. Mr. John Reichert, representing a property owner at 401 Westchester, expressed opposition to the zoning change and stated that the neighbors were not presented all the options of what could happen in the future. Minutes Regular Council Meeting February 19, 1991 Page 9 Mr. Douglas Berk, owner of a business at 340 Westchester, spoke in opposition and stated that the City's policy statements discourage placing industrial arra residential zoning next to one another. Mr. David Gallegos, owner of lot K which is excluded from the zoning d-iange, expressed the opinion that the neighborhood has been in a declining stage and the zoning will require the owners to obtain funds to make improvements. Mr. Bolanos, Ms. Edwards, and Ms. Ramirez all spoke again reiterating their ccu¢nents in favor of the zoning application. Council Member Guerrero made a motion to close the public hearing; seconded by Council Member Galindo and passed unanimously. After extensive delir,mration and diqussion, a question and answer period followed with members of the staff responding to questions posed by the Council. Council Member Martin expressed loans for home improvements on their that staff check with lenders on individuals frau getting loans. City Secretary Chapa polled the ordinance was passed: ORDINANCE NO. 021086 concern if people are not able to obtain property with "I-2" zoning. He suggested whether the I-2" zoning is preventing Council for their votes and the following AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LATS 1 THROUGH 8, BLOCK 1; LOIS 1 THROUGH 11; BLACK 2; A REMAINING PORTION OF BLOCK 2; AND LOTS 1 THROUGH 29 AND LAT 308, BLOCK 3, WOODLAWN HEIGHTS SUBDIVISION; AND LOP F, BLOCK 2, WOODLAWN HEIGHTS SUBDIVISION ANNEX, LOCATED ALONG BOTH SIDES OF GARFIE D DRIVE, BETWEEN LEOPARD STREET AND WESTCHESTER DRIVE, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, Moss and Schwing voting, "Aye"; McComb abstaining. * * * * * * * * * * * * * Mayor Turner called for a brief recess. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for the discussion and possible action in regard to pending or proposed legislation at the 72nd Texas Legislature. Minutes Regular Council Meeting February 19, 1991 Page 10 Deputy City Manager Jesus Garza commented in regard to DWI legislation, Corpus Christi's extraterritorial jurisdiction, and funding set aside by the State for beach clean-up. Dr. Miriam Wagenschein, 6810 Sahara, Chairperson of the Transportation Advisory Committee, introduced members of the committee and spoke in support of a proposal for DWI legislation which was recommended by the task force. She noted a correction on Item 1 of the Priority Listing of DWI Legislative Proposals in which a DWI offender who has caused the death of another person be considered to have committed voluntary manslaughter, rather than involuntary manslaughter. Council Member Guerrero moved to amend Item 1 as recommended by Dr. Wagenschein. The motion was seconded by Council Member Moss and passed unanimously. Council Member Guerrero then moved to support the DWI legislative proposal. The motion was seconded by Council Member Galindo and passed unanimously. In regard to the City's extraterritorial jurisdiction concerning Port Aransas, Council Member MCCanb remarked that meetings are currently being held on this matter. He moved to table this item until such time as it is appropriate for consideration by the Council. The motion was seconded by Council Member Guerrero and passed by the following vote: Turner, Rhodes, Galindo, Guerrero, McCmmb and Martin voting, "Aye"; Hunt, Moss and Schwinng voting, "No." Deputy City Manager Jesus Garza informed the Council that the State of Texas is proposing the elimination of the Beach Clean-up Fund. He advised that the City is recommending that the legislative delegation be informed that the City is in opposition and desires the State of Texas to continue the level of funding which is appropriate for the clean-up of beaches. Council Member Martin moved to support the proposal in opposition to the elimination of the Beach Clean-up Furl. The motion was seconded by Council Member Galindo and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza presented a memorandum to the Council in regard to the framework for proposals for privatization of the landfill. He advised that the framework has been released and proposers are requested to submit their comments to staff by next Tuesday. Be also requested that the Council review the framework and submit their comments to staff by next Tuesday. Mr. Garza also presented the Council with a memorandum containing graph attachments in regard to a new wastewater and water rate structure. Minutes Regular Council Meeting February 19, 1991 Page 11 Mayor Turner called for liaison and other reports from the Council. Council Member Martin complimented the staff on the presentation of the last zoning cam. He remarked about agible conflict with school graduations and the bowling tournament which is to be held in the City, arra City Manager Garza advised that the situation has been resolved, and he will provide the Council with the solution. Mr. Martin inquired about future evening meetings, and it was the consensus of the Council that the meetings be eliminated until further notice. Mayor Pro Tem Rhodes stated that the stop sign which had been installed on Lorin Street has been stolen, arra City Manager Garza advised that the sign has been replaced. Mrs. Rhodes expressed concern about individuals recycling stop signs. Council Member Schwing commented about an item that has been omitted from the Council action request list in regard to the River Park Mobile Home Park. Council Member Moss spoke in regard to the markings for the new police building. Mr. Moss informed the Council about a feature article on Corpus Christi in the Texas Highways Magazin. Council Member Galindo requested that staff check some stop signs and yield signs in the vicinity of Nogales and Tarlton Streets in which the bolts have been removed. Council Member Hunt expressed appreciation to the legislative delegation for their support of the annexation of Port Aransas. There being no further business to carne before the Council, Mayor Turner adjourned the Council Meeting at 5:12 p.m. on February 19, 1991. * * * * * * * * * * * * * I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of February 19, 1991, which were approved by the City Council on February 26, 1991. WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991. Nor - Armando oa `ter` City Secretary