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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