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HomeMy WebLinkAboutMinutes City Council - 09/21/1993I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of September 21, 1993, which were approved by the City Council on September 28, 1993. WITNESSETH MY HAND AND SEAL, this the September 30, 1993. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 21, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Cezar Galindo Council Members: Jack Best Melody Cooper Betty Jean Longoria Dr. David McNichols Edward Martin Clif Moss David Noyola Deputy City Manager Bill Hennings City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 Rhodes called for approval of the Minutes of the Regular Council Meeting of September 14, 1993, and there being no corrections, she proclaimed them approved as presented. * Mayor Rhodes recessed the Regular Council Meeting for Item 1, the meeting of the Workforce Development Corporation. Mayor Rhodes reconvened the Regular Council Meeting. Mayor Rhodes opened the public hearing on Item 2, amending the Zoning Ordinance, by amending Article 27B - Landscape Requirements, by deleting said Article in its entirety and substituting therefore a new Article 27B. Minutes Regular Co ;il Meeting September 21, 1993 Page 2 Mr. Brandol Harvey, Director of Planning, stated that the 1990 Landscape Ordinance contained a required update to be performed by August of 1993. Next, Mr. Harvey introduced Mr. Mic Raasch, City Planner, who would give a presentation. Mr. Raasch referred to the notable improvements in the City resulting from the ordinance and displayed slides comparing development preceding and following the ordinance. He further stated that many established businesses voluntarily complied with the ordinance although they were not required to do so. He further pointed out that the Corpus Christi Area Tree Awareness Council was in support of the ordinance. Council Member Moss inquired whether the ordinance imposed undue hardships on businesses in the City. Mr. Raasch stated that, initially staff received complaints, but after enforcement, businesses realized the benefits to the community as well as themselves. Council Member Martin posed several questions about the application of the ordinance. Mr. Tom Utter, Group Manager, Development Services, responded. Next, Mr. Martin inquired about enforceability, reinspection, and the alternative compliance review procedure. Mr. Harvey and Mr. Utter discussed enforceability and reinspection. In response to the alternative compliance review procedure inquiry, City Attorney Bray stated that Zoning Board of Adjustment decisions on a variance or special exception were appealed to the District Court. He further stated that the Board of Adjustment had additional powers outside of the statute and within the City Charter provisions allowing an appeal to the City Council. A brief discussion ensued and Mayor Rhodes requested that the alternative compliance review procedure language be clarified before the second reading of the ordinance. Council Member McNichols referred to a situation in which an individual encountered difficulties complying because of the planting season. Mr. Utter explained the temporary certificate of occupancy waiving compliance temporarily for these types of circumstances. Council Member Galindo referred to a section pertaining to notification of property owners of a public hearing and suggested retaining the stricken language. Mr. Harvey stated that the language could be retained. Mayor Rhodes called for comments from the audience. Mr. Ken Krenek, President of the Corpus Christi Area Tree Awareness Council (CCATAC) and registered Landscape Architect, stated support of the ordinance on behalf of the CCATAC and the Beautify Corpus Christi Association. He stated that the ordinance promoted water conservation and community attractiveness. Council Member Galindo made a motion to close the public hearing; seconded by Council Member McNichols, and passed unanimously. Minutes Regular Co :il Meeting September 21, 1993 Page 3 City Secretary Chapa polled the Council for their votes as follows: 2. FIRST READING ORDINANCE Amending the Zoning Ordinance, by amending Article 27B - Landscape Requirements, by deleting said Article in its entirety and substituting therefore a new Article 27B; providing for landscaping to comply with floodplain regulations; replacing parking area with vehicular use area for certain landscape requirements; specifying frontages for reduced landscape requirements for multiple street frontages; modifying landscape requirements for public and quasi -public uses; specifying maximum point credit for existing and new plant material; specifying no point credit for turfgrass; requiring authorization in writing for landscaping within street rights-of- way; deleting required update of landscape ordinance; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the public hearing on the following zoning application: 3. Case No. 893-1. Rocky Enriquez: A change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lexington Place, Block 15, east 145.75 feet of Lot S, located on the northwest corner of Green Street and Kostoryz Road. Mayor Rhodes stated that both the Planning Commission and staff recommended denial. She further pointed out that the twenty percent rule was in effect for the City Council hearing. Mr. Bob Edwards, representing the applicant and property owners, stated that the proposed car lot would be beneficial to all parties concerned. He also stated that the applicant would prefer B-4 zoning, but would accept a special permit. Ms. Claudette Stockman, 700 Glen Oak, requested the B-4 zoning. She stated that Kostoryz Road was now primarily commercial with a few remaining residences. Mr. J. A. Calvin Jr. spoke in support of the B-4 zoning and requested approval from the Council. Mr. Brandol Harvey showed a video tape depicting the landsite and surrounding area. In response to Council Member Martin, Mr. Harvey explained the landsite's present platting and street circumstances and additional right-of-way requirements. Mr. Johnny Rios, 1525 Daly Drive, stated opposition to the B-4 zoning because the property was too small for a car lot. He further stated that the property was not properly maintained at this time. Minutes Regular Co it Meeting September 21, 1993 Page 4 Mr. Utter referred to a letter from Mr. and Mrs. C. D. Kasper, 4929 Kostoryz Road, stating opposition to the B-4 zoning. Council Member Longoria made a motion to close the public hearing, seconded by Council Member McNichols; and passed unanimously. Council Member Noyola stated that he supported new businesses in the City, but could not support the B-4 zoning at this particular site because the lots were too small for the proposed use. He further requested staff to contact the owners and request proper maintenance on the lots, if the ordinance failed. Mayor Rhodes stated that Kostoryz Road was becoming commercial, but that a small neighborhood remained. She further stated that, because of the neighborhood, she would not support the B-4 zoning. City Secretary Chapa polled the Council for their votes as follows: FAILED TO PASS Ordinance amending the Zoning Ordinance upon application by Rocky Enriquez by changing the Zoning Map in reference to Lexington Place, Block 15, east 145.75 feet of Lot S, from "B-1" Neighborhood Business District to "B-4" General Business District. An emergency was declared and the foregoing ordinance failed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "No." Mayor Rhodes announced the public hearing on the following zoning application: 4. Case No. 893-2. City of Corpus Christi: A change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Hidalgo Addition, all of Block 2 and the remaining portion of Block 1; Diaz Addition, Block B, Lots 2-10 and 14-22 and a 2.63 acre portion out of the Salt Pond Tract, located on the north side of Martin Luther King Drive, between Brownlee Boulevard and Sam Rankin Street. Mayor Rhodes stated that the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo; and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Cot 11 Meeting September 21, 1993 Page 5 ORDINANCE NO. 021748 Ordinance amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the Zoning Map in reference to Hidalgo Addition, all of Block 2 and the remaining portion of Block 1; Diaz Addition, Block B, Lots 2-10 and 14-22 and a 2.63 acre portion out of the Salt Pond Tract, from "A-1" Apartment House District to "B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the public hearing on the following zoning application: 5. Case No. 893-6, Christ's Church: A change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Bohemian Colony Lands, Block 7, Lot 1, located on the east side of Kostoryz Road, approximately 100 feet south of Crestwater Drive. Mayor Rhodes stated that the Planning Conunission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola; and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 021749 Ordinance amending the Zoning Ordinance upon application by Christ's Church by changing the Zoning Map in reference to Bohemian Colony Lands, Block 7, Lot 1, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for consideration of items from the Regular Agenda and announced the discussion on Item 6, motion approving the purchase of CADD civil engineering software from Genasys II Inc., Fort Collins, Colorado, based on sole source, for the total amount of $25,000. Minutes Regular Co, it Meeting September 21, 1993 Page 6 Mr. Utter briefly discussed the benefits of the software. There were no Council inquiries. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M93-273 Motion approving the purchase of CADD civil engineering software from Genasys II Inc., Fort Collins, Colorado, based on sole source, for the total amount of $25,000. The software is an upgrade of the current system in Engineering Services and is budgeted in the 1993-94 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 15, and Council Members requested that Item 7 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M93-275 Motion approving the purchase of "D.A.R.E." (Drug Abuse Resistance Education), items which includes 15,000 pencils; 10,000 badges; 5,000 bumper stickers; 5,000 rulers; 5,400 T-shirts; and 2,000 mugs in accordance with Bid Invitation No. BI -0246- 93 with the following companies for the following amounts, based on low bid, only bid, and low bid meeting specifications for a total expenditure of $28,278. Funds are available through the Law Enforcement Trust Fund. Tees Plus Screen Printing Groton, CT (Pencils, Bumper Stickers, Rulers - Low Bid) $4,060.00 GRAND TOTAL - $28,278.00 Dare America Merchandise Culver City, CA (Badges, T-shirts, Mugs - Low Bid, Only Bid, Low Bid Meeting Specifications) $24,218.00 Minutes Regular Co, .il Meeting September 21, 1993 Page 7 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 9. M93-276 Motion approving supply agreements for approximately 213 lubricated plug valves to be used by the Gas Division, ranging in size from 1" - 16" in accordance with Bid Invitation No. BI -0247-93 with the following companies for the following amounts based on low bid for a total estimated annual expenditure of $61,193.29. The term of the agreements shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted for FY 93-94 by the Gas Division. The EADS Co. Corpus Christi, Texas (Bid Item Numbers 1.1-1.3, 1.9, 1.10, 2.2-2.4) $36,744.38 GRAND TOTAL - $61,193.29 Alamo Iron Works Corpus Christi, Texas (Bid Item Numbers 1.4-1.8) $24,448.91 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 10. M93-277 Motion approving a supply agreement for protective body armor in accordance with Bid Invitation No. BI -0270-93 with U.S. Armor, Corp., Santa Fe Springs, CA based on low bid for an estimated annual expenditure of $12,695.24. The term of the agreement shall be for 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. Funds have been budgeted for FY 93-94 by the Police Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 11. ORDINANCE NO. 021750 Motion authorizing the City Manager to execute a Use Privilege Agreement with MCI Telecommunications Corporation for the right to construct, install, and maintain 6,471 linear feet of conduit for fiber optic cables at the Corpus Christi International Airport; establishing a use fee of $6,471.00. Minutes Regular Cc .i1 Meeting September 21, 1993 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12. M93-278 Motion authorizing the grant of a 30' wide access easement to provide temporary access from a 20 acre tract owned by the Corpus Christi Botanical Society, Inc. through City property to FM 2444 (S. Staples Street). The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 13. M93-279 Motion authorizing the City Manager or his designee to submit and application to and execute all documents with the Coastal Bend Council of Governments (CBCOG) for the period of October 1, 1993, to September 31, 1994, for the continuation of the Elderly Nutrition Program as funded by the Older American's Act. The planned budget includes $483,315 in Older American Act funds, $135,147 in USDA funds, $367,080 in City funds and $35,526 in donations from program participants, for a contract total of $1,021,068. All funds are authorized in the City's FY 1993-94 budget. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 14. M93-280 Motion approving an agreement with the Corpus Christi Independent School District for an education program at the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a one-year lease agreement with Ships of Discovery, Inc. for space at the Corpus Christi Museum of Science and History in consideration of its conserving the Museum's marine artifacts. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the discussion on Item 7, motion approving the purchase of a five yard loader. Minutes Regular Co it Meeting September 21, 1993 Page 9 Council Member Martin stated that the G. E. Capital lease line -of -credit was a good opportunity, but expressed concern that a large debt could easily be created through its use. He requested a status report on the present G. E. Capital financing and a status report each time the financing procedure was used. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M93-274 Motion approving the purchase of a five yard loader, with full five year maintenance, from Waukesha -Pearce Industries, Corpus Christi, on the basis of low bid. The purchase price is $158,304.30; maintenance cost is $88,998.00. The purchase price will be financed through G.E. Capital. Based on the annual interest rate of 4.56%, the finance charge is $19,031.19, for a grand total expenditure of $266,333.49. The replacement equipment is for Solid Waste Services Department, and funds are budgeted in fiscal year 93-94 for the first year payments. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for the City Manager's report. Mr. Bill Hennings, Deputy City Manager, stated that he did not have a report. Mayor Rhodes called for Council concerns and reports. Council Member McNichols requested a presentation next week, if possible, consisting of several issues relating to the City's future water supply. These issues included costs of desalinization compared to the costs of water from Lake Texana and Garwood Irrigation, potential future water release structures, and local industrial water usage and responsibility. Council Member Best expressed concern about the water releases during abundant rain periods. He further inquired about the approximate time the scientific information would be available to present to the Texas Water Commission concerning the releases. Council Member McNichols briefly stated that a report was tentatively due from the Mayor's Policy Subcommittee on Water Releases in November of 1993 with final results in approximately one year. A brief discussion ensued and Mayor Rhodes stressed the importance of obtaining the information from the present water studies before contacting the Natural Resources Commission (formerly Texas Water Commission) concerning the water releases. Minutes Regular Co it Meeting September 21, 1993 Page 10 Council Member Moss requested information concerning the City's costs, total costs, and volunteer and recipient participation of Item 13 on the day's agenda, Elderly Nutrition Program. Council Member Galindo inquired whether the City still had a stationery store, and Mr. Hennings replied that the City did not. Next, Mr. Galindo referred to the recent update from the Corpus Christi Area Economic Development Corporation (EDC) and requested a report gauging their efforts. Mayor Rhodes stressed the importance of the EDC and that, in her opinion, staff time should not be spent expanding on a EDC report. Council Member Noyola referred to an area on Houston Street/Westgard Street in need of maintenance. He further referred to his previous request for a shade structure in Sherrill Park for ceremonies and the report presented by staff on the matter. Mayor Rhodes commented favorably on the use of the tent, as suggested by staff in the report, before expending any money. Council Member Martin expressed concern that the Council's inquiries at the end of the council meetings were presented to the Council in the Friday packet and were not available to the public. He requested that these inquiries be addressed in the City Manager's report at the following council meeting. Mayor Rhodes called for petitions from the audience. Mr. Ronald A. Hudson, 3556 Austin Street, requested that the City's Boards and Commission provide periodic public reports to the Council, inquired about the street number ordinance and the water usage cost to single family residences. He further opposed the weekly council meeting invocations. Mr. Phil Rosenstein, 949 Bobalo, stated that he did not advocate not providing water to other communities as stated at the last council meeting, but wanted the public to be aware that the City sold water to other communities for a profit. Next, Mr. Rosenstein referred to comments made by the local Regional Transportation Authority (RTA) and stated support of the one-fourth of one percent sales and use tax increase if RTA would provide an equal amount, therefore eliminating the need for utility rate increases. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 3:37 p.m. on September 21, 1993.