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