HomeMy WebLinkAboutMinutes City Council - 03/12/1991MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 12, 1991
2 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Members:
Cezar Galindo
Leo Guerrero
Tom Hunt
Ed Martin
Joe McComb
Clif Moss
Absent
Frank Schwing
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 Reverend William C. Storms, Ph.D. of Travis Baptist
Church, following which the Pledge of Allegiance to the Flag of the United States was led
by Council Member Hunt.
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
March 5, 1991, and there being no corrections or additions, she proclaimed them approved
as presented.
Mayor Turner recognized members of the Alaniz family who lost their son in the
Persian Gulf War. She presented Ms. Alaniz with a resolution signed by the Council
gratefully honoring her son, Andy Alaniz, who gave his life for our Country.
The Council expressed their deepest sympathy and support to the Alaniz family.
MICROFILMED
Minutes
Regular Council Meeting
March 12, 1991
Page 2
Council Member Guerrero directed the staff to select an appropriate memorial in
remembrance of Andy Alaniz and present it to the Council. The motion was seconded by
Mayor Turner and passed unanimously; Schwing absent.
RESOLUTION NO. 021100
GRATEFULLY HONORING ANDY ALANIZ WHO GAVE HIS LIFE FOR OUR
COUNTRY.
Following is the vote on the resolution: Turner, Rhodes, Galindo, Guerrero, Hunt,
Martin, McComb and Moss voting, "Aye"; Schwing absent
Mr. Guy LeRoux and Mr. Bob Harraghy, representing the Windsurfing Association,
gave a presentation on windsurfing and presented a trophy as an expression of appreciation
to the City.
Mayor Turner recognized a group of fifth grade students from Faith Christian School.
Two of the students expressed appreciation to the Council for their hard work in the
community.
Mr. Alan Wilson, representing the United Way of Coastal Bend, presented a general
overview of Project Compass and requested the Council to participate in a survey
concerning meeting human service needs in the community.
Mr. Mike Carrell, representing a task force established by the Corpus Christi Area
Economic Development Corporation, gave a presentation about the possibility of an aircraft
carrier, the USS Lexington, becoming a naval air museum in the Corpus Christi area.
Mr. Jim Shiner, Shiner Moseley and Associates, provided a site assessment for the
museum and identified an area off of Corpus Christi Beach to be the most suitable site.
Mr. Carrell spoke of other government bodies and special interest groups who are
in support of the Museum and requested that the Council pass a resolution endorsing the
concept of having the aircraft carrier in Corpus Christi and to endorse the recommended
site.
City Secretary Chapa polled the Council for their votes and the following resolution
was passed:
RESOLUTION NO. 021101
SUPPORTING THE ESTABLISHMENT OF THE LADY LEX MUSEUM ON
THE BAY.
Minutes
Regular Council Meeting
March 12, 1991
Page 3
The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Schwing absent.
Mayor Turner called for petitions from the audience on matters not scheduled on the
agenda.
Mr. Jesse Hix, 2622 Segrest, commended Mayor Turner for being sleeted by the
Chamber of Commerce as the new president. Referring to recycling, he suggested that a
study be conducted in regard to refunds for glass and plastic containers, and plastic bags.
Mr. Arthur Montalvo, 704 Atlantic, expressed opposition to an aircraft carrier being
used as a museum. He then spoke on the subject of scientific data.
Mr. Hal Wasson, 3101 Up River Road, a Council at -large candidate, expressed his
enjoyment at running for a Council position. He requested approval from the Mayor in
regard to submitting a letter to the editor of the newspaper.
Mr. Raymond Hasker, 1813 Wallace, expressed opposition to the manner in which
the City Manager handled the reinstatement of Kelly Elizondo. He also commented in
regard to the recommendations of the Mercer Report.
Council Member McComb clarified that the Attorney General's office admitted that
the charges should never have been brought against Mr. Elizondo. He stated that the
Council supports the City Manager in his decision.
Mr. Philip Rosenstein, 949 Bobablo, commented about the handicapped ramps at the
City Hall building and recommended that they be made more suitable and accessible for
wheelchairs.
Discussion ensued and the City Manager advised that all other access issues have
been addressed, with the exception of the ramps. He stated that he will present the Council
with plans for resolution of the ramp problem as soon as possible.
Ms. Nan Pillinger, 6606 Clarion, President of the League of Women Voters, made
comments about the recent televised forum of the Mayoral and Council candidates and
announced that reruns of the forum will be presented on March 18 and March 21.
Mr. J. E. O'Brien, 4130 Pompano, remarked that the chances of the USS Lexington
coming to Corpus Christi are very slim and perhaps other aircraft carriers should have been
suggested. He referred to the landmass lawsuit and advised that all arguments are slated
for Thursday morning at 9:00 a.m. He asked the Council if it is their policy to pay car
allowances to City employees while they are on administrative leave.
Minutes
Regular Council Meeting
March 12, 1991
Page 4
City Manager Garza declared that the City does not pay car allowances when
someone is on administrative leave. He stated that Mr. O'Brien has referred to the Kelly
Elizondo situation which is a very unique circumstance and had to be handled in a particular
manner.
Mr. Harold Hoppenrath, 338 Clifford, commented in regard to the petitions or
information from the audience section which is scheduled at the beginning of the meeting
and asked if citizens could comment during the meeting on other items, and Mayor Turner
responded that comments are invited from citizens on all agenda items.
Mayor Turner called for the City Manager's report in regard to approving a supply
agreement for copy paper.
City Manager Garza advised that this is the first item to be handled by the Joint
Governmental Purchasing Group and this purchase has netted the City a substantial savings
compared to the last purchase. He stated that the City did request bids on recycled paper;
they came in considerably higher; and staff did not recommend the bid on recycled paper.
Mayor Turner expressed the opinion that this is an opportunity for the City to make
a statement that it is going to take recycling seriously. She stated that the Council needs
to take a policy position that the City will endeavor to purchase all recycled items.
Council Member McComb commended the City Manager and the Purchasing
Department and remarked that this item is the result of the City participating in a study
conducted by the Intergovernmental Cooperation Task Force. He stated that this is the first
step towards assisting the taxpayers to realize a savings in their purchasing process.
Mayor Pro Tem Rhodes inquired why the City does not print on both sides of the
paper, and City Manager Garza responded that the City is in the process of evaluating its
copy machines to replace them with machines that do duplex copying in a faster and more
efficient way. He stated that the City presently has machines that copy on both sides but
they are old and not reliable.
Discussion followed and in response to a question from Council Member Galindo
about the benefit of recycling to the City, City Manager Garza responded that he does not
see any immediate benefit, stating that the benefit would be in setting the example that the
City is committed to recycling and is willing to pay the additional up -front costs. He stated
that if the City selects the bid on recycled paper, it would not have that much of an impact.
The City Manager responded to specific questions raised by Council. He stated that
the City does some recycling of paper and aluminum cans which is voluntary.
Minutes
Regular Council Meeting
March 12, 1991
Page 5
Purchasing Agent F. D. Glenn explained the difference between the purchase of
recycled paper and regular copy paper.
There were no comments from the audience on Item 1.
City Secretary Chapa polled the Council for their votes and the following motion was
passed:
1. M91-054
Motion approving a supply agreement for copy paper in accordance with Joint
Governmental Purchasing Group Bid Invitation No. JGPG-91-1 to be used in the
Print Shop and the copy machines throughout the City. The term of the contract will
be twelve months with an option to extend for up to an additional twelve months
subject to the approval of the seller, the Joint Governmental Purchasing Group and
the City Manger or his designee. The contract is with Century Paper Company,
Corpus Christi, Texas based on low bid. The City's estimated total contract value is
$36,119.15.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Schwing absent.
z s a* r i a s**••:
Mayor Turner called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 2 thru 4.
Responding to a question from Council Member Moss on Item 2, approving the
purchase of a battery powered, stand-up rider fork lift, City Manager Garza stated that the
gasoline -powered fork lift is primarily used outdoors.
In response to a question posed by Council Member McComb on Item 3, City
Manager Garza reviewed the status of funding for grant applications submitted to the
Criminal Justice Division of the State of Texas in regard to the Nueces County Organized
Crime Control and the Drug Abuse Resistance Education. He stated that the Police Chief
operates the Nueces County organized crime control.
Mayor Pro Tem Rhodes applauded the D.A.R.E. Program.
There were no comments from the audience on Items 2 thru 4.
City Secretary Chapa polled the Council for their votes and the following were
passed:
Minutes
Regular Council Meeting
March 12, 1991
Page 6
2. M91-055
Motion approving the purchase of a battery powered, stand-up rider fork lift in
accordance with Bid Invitation BI -0146-91 from Preco Machinery Sales, Corpus
Christi, Texas for the amount of $21,407, based on low bid meeting specifications.
The fork lift is for the warehouse and was budgeted as an additional item in the
1990-91 Capital Outlay.
The foregoing motion passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Schwing absent.
3. RESOLUTION NO. 021102
APPROVING AND AUTHORIZING THE SUBMISSION OF GRANT
APPLICATIONS TO THE CRIMINAL JUSTICE DIVISION OF THE STATE OF
TEXAS FOR THE NUECES COUNTY ORGANIZED CRIME CONTROL UNIT
AND DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.)
The foregoing resolution passed by the following vote: Turner, Rhodes, Galindo,
Guerrero, Hunt, Martin, McComb and Moss voting, "Aye"; Schwing absent.
4. ORDINANCE NO. 021103
AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT
WITH BILL R. WILHELMI AND BENJAMIN JOSEPH HOLLAND FOR BLOCK
69, LOTS 5 AND 6, BEACH ADDITION, FOR AN ARTIST STUDIO AND
GALLERY, AND PROVIDING FOR PUBLICATION.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting,
"Aye"; Schwing absent.
s s s s :: s s s s s s s
Mayor Turner called for consideration of Item 5, east -west powerboat shoot-out.
Malcolm Matthews, Director of the Park & Recreation Department, provided
background information in regard to a first-time challenge between the east and west coast
for a national -sanctioned powerboat race scheduled by the American Powerboat Association.
He discussed the safety issue and advised that the race will be well monitored and
controlled.
Minutes
Regular Council Meeting
March 12, 1991
Page 7
Mr. Matthews introduced Ms. Elaine Motl, a local event promoter, who summarized
events leading up to the competition and made comments about why Corpus Christi was
chosen for this contest.
Mr. Dick Fleshman, Race Director for the American Powerboat Association,
elaborated on the details of the powerboat race and stressed that he will endeavor to see
that the event comes off safely and satisfactorily for both the contestants and the City.
Mr. Harold Hoppenrath, 338 Clifford, expressed support of the east -west powerboat
shoot-out.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
5. ORDINANCE NO. 021104
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ELAINE
MOTL, DBA THE EAST -WEST POWERBOAT SHOOT-OUT, FOR A SEVEN
DAY USE PERMIT OF APPROXIMATELY 200,000 SQUARE FEET OF SPACE
ON THE COOPERS ALLEY -L -HEAD AND THE LAWRENCE STREET T -
HEAD FOR THE HEADQUARTERS, LAUNCHING, FUEJ.ING AND VIEWING
OF THE OFFSHORE POWERBOAT RACES ENTERED IN THE EAST -WEST
POWERBOAT SHOOT-OUT INCLUDING BERTHING OF NO MORE THAN
100 RACE BOATS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting,
"Aye"; Schwing absent.
The Council then viewed a video presentation of off shore power boat racing.
i i Y i•• t t Y i i i#
Because of the thirty -day period before an election, the charter requires that the
Council have a two-thirds majority vote to call for a public hearing; therefore, a motion was
made by Council Member Moss to hold public hearings on the following three zoning cases.
The motion was seconded by Council Member Galindo and passed unanimously by those
present and voting; Guerrero absent at the time the vote was taken; Schwing absent.
Mayor Turner opened the public hearing on the following zoning case:
6. Case No. 291-1. Diamond Shamrock Refining and Marketing Company: A change
of zoning from "B-1" Neighborhood Business District with an "SP" Special Permit to
"B-4" General Business District on Lots 2, 4, 6, 8, 10 and 12, Block 74, Brooklyn
Minutes
Regular Council Meeting
March 12, 1991
Page 8
Addition, located on the east side of East Causeway Boulevard, between Beach and
Reef Avenues.
Mayor Turner stated that both the Planning Commission and staff recommend denial
of the "B-4" zoning, and in lieu thereof, recommend approval of a "SP" Special Permit for
three freestanding signs subject to the landscape plan and two conditions.
Brandol Harvey, Planning Director, provided background information and explained
the purpose of the zoning request. He showed a video and slides of the subject site and
surrounding area and he commented on the adjacent zoning and adjacent land use. He
discussed the City's new policies regarding uses, signs and landscaping in this particular area.
Mr. Kenny Vaughn, the applicant, commented about the recommendation and stated
that he preferred an alternate landscape plan which he presented to the Council. He stated
that the estimate for the recommended landscaping plan is $15,401.73, and his alternate plan
is about $3,700. He expressed concern about what the future holds for the business after
the construction is completed.
Mr. Harvey advised that the alternate plan is not acceptable because there are no
palm trees and no permanent planting, but a series of plants in movable pots.
A substantial discussion ensued relative to the signage policy for the area and the
landscaping in regard to the landscape ordinance. The Planning Director and the applicant
responded to specific questions raised by the Council.
Council Member Martin expressed support of the landscaping ordinance but he also
expressed concern about the City dictating people's landscaping.
A motion was made by Council Member Galindo to close the public hearing;
seconded by Council Member McComb and passed unanimously by those present and
voting.
Mr. Harvey responded to more questions raised by the Council and they discussed
at length the landscaping requirements, the staff recommendation, cost estimates of the
landscaping, and various plant species.
Mr. Martin stated again that he supports landscaping but cannot support staff
designing landscaping for private property.
Council Member Guerrero moved to reopen the public hearing; seconded by Council
Member Martin and passed.
Minutes
Regular Council Meeting
March 12, 1991
Page 9
Mr. Rodney Smith, Diamond Shamrock Division Manager, expressed concern about
the business surviving. He spoke about the expense of the elaborate landscaping and the
removal of the concrete.
Ms. Cam Dougherty, 4610 Willowick Drive, referred to the other businesses on
Highway 181 and expressed the opinion that it is unfair to require Diamond Shamrock to
put in elaborate landscaping and not the other businesses.
Following more discussion, Council Member Martin moved to deny the "B-4"zoning,
and in lieu thereof, approve a special permit for three freestanding signs subject to the sign
conditions set forth in No. 2 of the recommendation and subject to the installation of a
landscaping plan which would include palm trees along Beach Avenue. The motion was
seconded by Council Member Hunt.
Mayor Pro Tem Rhodes declared that she would rather have the applicant meet with
the planning stafff, with Mr. Harvey explaining that the Council is willing to be more
flexibile in regard to the landscaping.
Mr. Martin added that to his motion that the sense of the Council is that the
Diamond Shamrock people and staff be directed to work out another landscaping variation.
The motion passed unanimously; Schwing absent.
POSTPONED
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF
DIAMOND SHAMROCK REFINING AND MARKETING COMPANY BY
GRANTING A SPECIAL COUNCIL PERMIT FOR THREE FREESTANDING
SIGNS ON LOTS 2, 1, 6, 8, 10, AND 12, BLOCK 71, BROOKLYN ADDITION,
LOCATED ON THE EAST SIDE OF EAST CAUSEWAY BOULEVARD
BETWEEN BEACH AND REEF AVENUE; AND DECLARING AN
EMERGENCY.
Mayor Turner opened the public hearing on the following zoning application:
7. Case No. 291-2, Corpus Christi Port, Ltd.: A change of zoning from "R -1B" One -
family Dwelling District, "R-2" Multiple Dwelling District and "A-1" Apartment
House District to "A -1A" Apartment House District on Lot 6, Block 8, Wooldridge
Creek Unit 6, located on Misty Meadow Road, approximately 220 feet west of
Cimmaron Boulevard.
Minutes
Regular Council Meeting
March 12, 1991
Page 10
Mayor Turner stated that both the Planning Commission and staff recommend denial
of the "A -1A" District, and in lieu thereof, recommend approval of an "A-1" District on all
6.97 acres and a "SP" Special Permit for 176 apartment units based on the existing
configuration represented on the site plan.
No one expressed opposition to the recommendation.
Mayor Turner inquired if the recommendation was acceptable to the applicant, and
the response was affirmative.
Council Member Guerrero moved to close the public hearing; seconded by Council
Member Moss and passed unanimously; Schwing absent.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
ORDINANCE NO. 021105
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS
CHRISTI PORT, LTD. BY CHANGING THE ZONING MAP IN REFERENCE
TO LOT 6, BLOCK 8, WOOLDRIDGE CREEK UNIT 6, LOCATED ON MISTY
MEADOW ROAD, APPROXIMATELY 200 FEET WEST OF CIMMARON
BOULEVARD, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "R-2"
MULTIPLE DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT
AND BY GRANTING A SPECIAL COUNCIL PERMIT FOR 176 APARTMENT
UNITS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Moss voting,
"Aye"; Schwing absent.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
8. Amending the Corpus Christi Zoning Ordinance, Article 33, Permits, Plats, and
Filing Fees by adding Section 33-1.04. Conditional Sign Permits - Business Districts,
authorizing the Planning Commission to approve conditional use sign permits for
increases to sign area, sign height, or the number of signs in excess of that allowed
by right in those zoning districts identified by title as "Business Districts"; and Article
25. Special Permit Regulations by adding Section 25-3 prohibiting use of a Special
Permit to allow an increase in area or number of signs beyond which is allowed as
a matter of right, or to modify conditions established through the Conditional Sign
Permit process.
Minutes
Regular Council Meeting
March 12, 1991
Page 11
Mayor Turner stated that both the Planning Commission and staff recommend
approval of the application.
No one expressed opposition to the recommendation.
Mayor Turner declared the public hearing closed.
Brandol Harvey, Planning Director, presented a general overview of the procedures
to review and grant permits for sign increases which did not entail a rezoning application
or Council action. He stated that should the applicant not be satisfied with what the
Planning Commission recommends, they would then have to come before the Planning
Commission and Council with a zoning request and justify the need for the entire zoning.
Mayor Pro Tem Rhodes asked what would happen if the staff and Planning
Commmision did not agree, and Mr. Harvey responded that the Planning Commission's
recommendation would prevail.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
ORDINANCE NO. 021106
AMENDING THE CORPUS CHRISTI ZONING ORDINANCE, ARTICLE 33,
PERMITS, PLATS AND FILING FEES, BY ADDING SECTION 33-1.04,
CONDITIONAL SIGN PERMITS --BUSINESS DISTRICTS, AND ARTICLE 25,
SPECIAL PERMITS, BY ADDING SECTION 25-3 PROHIBITING USE OF
SPECIAL PERMITS TO ALLOW INCREASE OF AREA OR NUMBER OF
SIGNS, OR TO MODIFY CONDITIONAL SIGN PERMIT CONDITIONS; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Rhodes, Guerrero, Hunt, Martin, McComb and Moss voting, "Aye";
Galindo absent at the time the vote was taken; Schwing absent.
Mayor Turner called for the discussion and possible action with respect to legislation
which is pending or may be proposed at the 72nd Texas Legislature.
Council Member Martin moved that the Council adopt the resolutions supporting the
two pieces of legislation requiring disclosure of sureties, and support for CCSU. The motion
was seconded by Mayor Pro Tem Rhodes and passed unanimously; Schwing absent.
12a. RESOLUTION NO. 021107
Minutes
Regular Council Meeting
March 12, 1991
Page 12
EXPRESSING CORPUS CHRISTI'S SUPPORT FOR HOUSE BILL 1005.
Following is the vote on the resolution: Turner, Rhodes, Galindo, Guerrero, Hunt,
Martin, McComb and Moss; Schwing absent.
12b. RESOLUTION NO. 021108
EXPRESSING CORPUS CHRISTI'S STRONG SUPPORT FOR HOUSE BILL
2102.
Following is the vote on the resolution: Turner, Rhodes, Galindo, Guerrero, Hunt,
Martin, McComb and Moss: Schwing absent.
Due to today's discussion and the development of Corpus Christi Beach, Council
Member Guerrero moved to instruct staff to take the initiative on the rezoning of the
Corpus Christi beach area, specifically adjacent to the present development, to be consistent
with the Master Plan in hopes of encouraging further development. The motion was
seconded by Council Member Martin and passed unanimously; Schwing absent.
Council Member Hunt addressed the issue regarding the reference to the Attorney
General's office dropping criminal charges against Kelly Elizondo. He stated that the
Council declined to hear a briefing regarding the circumstances of the investigation from the
Attorney General's office. He stated that it is unfair to attack the Attorney General's office
for dropping those charges.
City Manager Garza interjected that the City invited a representative of the Attorney
General's office, in writing, at the request of the Council; reminders were sent; and the City
was never able to set that meeting. He stated that he finally did have a meeting with
representatives of the Attorney General's office on the day before they decided to drop the
charges.
Council Member Martin requested staff check into the issue of whether the City has
any role or function it can take regarding the matter of the Corps of Engineers doing the
spoil fill on a sixteen -year old permit.
Mr. Martin referred to the newspaper article regarding the delay of the Matlock
project and recommended that the project be completed as soon as possible.
There being no further business to come before the Council, Mayor Turner
adjourned the Council Meeting at 4:45 p.m. on Tuesday, March 12, 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 March 12, 1991 which were
approved by the City Council on March 19, 1991.
WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991.
Armando Chapa
City Secretary