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HomeMy WebLinkAboutMinutes City Council - 01/17/1995I 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 January 17, 1995, which were approved by the City Council on January 24, 1995. WITNESSETH MY HAND AND SEAL, this 25th day of January, 1995. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 17, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Melody Cooper Cezar Galindo Betty Jean Longoria Clif Moss Dr. David McNichols David Noyola ABSENT Dr. Jack Best City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Doug Jackson, Second Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Martin. 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 January 10, 1995, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized Police Chief Henry Garrett, who told the Council that police had a 20 -year-old male in custody who admitted he had taken $8,000 from the money room of the Cashier's Office at City Hall. The Chief said the man, who was an employee of Stanley Smith Security Inc., would be charged tomorrow with theft; in addition, the District Attorney's office was scheduled to presentthe case to the county grand jury on January 19. Chief Garrett commended Officers Gilbert Garcia and Joel Minutes Regular Council Meeting January 17, 1995 Page 2 Castaneda for their diligence in tracking down the suspect. He added that increased security measures had been implemented at City Hall. City Manager Garza pointed out that the security personnel are not city employees. Mayor Rhodes opened discussion on Item 1, a presentation regarding the status of the Frost Brothers Building project. Ms. Deborah Douglas, President of Equus Ventures Inc. and of La Plaza Aventuras Inc., said the project was going to proceed immediately. She added that she is the only shareholder and investor in the project, and the problems that had caused delays in the past should now be resolved. Ms. Douglas said a model apartment would be constructed very soon to show how the other apartments will look. Responding to Council Member Moss, Mr. Michael Webb, Vice President of Equus and La Plaza, explained that the mechanical demolition that was to begin would involve removing air conditioning units from the roof, duct work and other elements. He said construction on the model apartment should begin in approximately 60 to 120 days. Council Member Longoria asked if the project's design would remain the same as the design previously presented to the Council, and Ms. Douglas replied that it would. She added that the investors from Monterrey, Mexico, were no longer involved in the project. In response to Council Member Cooper, Mr. Webb said that the plan calls for two "anchor" restaurants on the building's street level, one on Chaparral and one on Mesquite, and then retail shops on the rest of that level. The other levels would consist of offices and residential units. Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Corpus Christi Bay Area Minority Business Opportunity Committee Ernest Garza Mario Salazar Edward Gonzalez Electrical Advisory Board Phillip Madrid Minutes Regular Council Meeting January 17, 1995 Page 3 Mechanical/Plumbing Advisory Board James Sutton Ronald Murray Ronnie Marek Richard Rector Joe Frazer Michael Dodson City Manager Garza introduced Mrs. Debbie Ashour, who was hired as the new Gas Superintendent, succeeding Mr. Lloyd Lindeburg, who retired from the City after 36 years of service. Mrs. Ashour said she began working in the City's Gas Department in 1981 after receiving a Bachelor of Science degree in natural gas engineering from Texas A&I University. Mayor Rhodes opened the public hearing on the following zoning case: 2. Case No. 1194-4, Pete Cicacci: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Port Aransas Cliffs, Block 812, south five (5) feet of Lot 63, all of Lot 64 and a 70 foot by 100 foot portion out of the formerly Minnesota Avenue right-of-way, located on the northeast corner of S. Alameda Street and Texan Trail. Mayor Rhodes said the Planning Commission and staff recommended denial. She pointed out that during the January 10, 1995 meeting, the Council voted 5-4 to send this zoning case back to the staff so that they could prepare a special permit that would be agreeable to both the applicant and to the neighboring property owners. Mr. Brandol Harvey, Director of Planning and Development, said the neighbors felt that no special permit would be acceptable to them. Responding to Council Member Moss, Mr. Harvey said that a previous special permit had been issued to Davis Contact Lenses since the sale of contact lenses was not normally allowed in the "AB" Professional Office District zoning that existed. He added that since that time a glasses frame shop had opened on the premises and that shop is considered a retail use, resulting in a violation of the zoning ordinance, which staff is investigating. Mr. Moss said that although he had voted against the proposed zoning change during last week's meeting, upon further consideration he felt that the applicant's plans Minutes Regular Council Meeting January 17, 1995 Page 4 to open a muffin and bagel cafe would be an asset to the area. Mr. Harvey noted that the block front in question had initially been platted and developed for residential uses. it evolved from single-family to multi -family boarding houses and apartments and then a past Council zoned the entire block front "AB" to support the hospitals in the area. Dr. Joseph Wright, who has medical offices at 3302 S. Alameda, distributed a map illustrating the current uses of the property in the area. He said he remained opposed to the zoning request because of increased traffic and congestion, particularly at the comer of Texan Trail and South Alameda, where the subject property is located. Mrs. Mary D. Roberts, 3117 Lawnview, spoke in favor of the zoning change. She said she has lived in that neighborhood since 1949 and questioned the concern about increased traffic caused by the proposed restaurant. She said there is an overabundance of professional offices in that area and the restaurant would eliminate the dilapidated structure that currently sits on the subject property. She discussed the advantages of having the muffin cafe in that location, including providing unique food items for the hospital patients and their families. Mr. David Smith, an attorney representing Drs. Charles Kennedy, David Parker, Stephen Barth, C.A. Struve and William Newberry, said the area is an important medical complex in the community; as a result, a well-defined area of professional offices has been developed over time. He said the "AB" zoning should remain intact in order to support the hospitals there. Dr. Nabil Elmilady, whose medical office is adjacent to the subject property, said he strongly opposed the zoning change. A resident who said he owned property at 317 Angelo said he supported the special permit for the muffin cafe. He said traffic congestion occurs in that area when the employees of the professional offices are leaving work and when school is dismissed; otherwise, he did not think there was a problem with traffic. Responding to Council Member Longoria, Mr. Harvey said that a previous applicant had proposed a zoning change on that block for a restaurant, which was denied. Council Member Cooper asked about the special permit issued to Davis Contact Lens, 3248 S. Alameda, and Mr. Harvey replied that in approximately 1988 that property was zoned "AB" with a special permit for the sale of contact lenses. Mrs. Cooper said she felt the muffin shop would enhance that corner of the street. Council Member Moss noted that if the zoning request was approved, the subject property would have to abide by the city's landscape ordinance, which would benefit that corner. Minutes Regular Council Meeting January 17, 1995 Page 5 Mr. John Krogness, interim Chief Executive Officer of Doctors Regional Medical Center, complained about litter problems associated with commercial businesses. He said that although the commercial businesses in the area, such as Whataburger located across the street from the hospital, control the litter they produce, it is the customers themselves who mainly cause the litter problem. He noted there were many professional offices there, adding that Doctors Regional had not purchased the subject property in the past for medical/professional use because of the cost. Council Member Galindo made a motion to close the public hearing, seconded by Council Member Moss, and passed unanimously. Council Member McNichols said there is no question the proposed use would result in an upgrade of the property in question; however, he said, the issue is whether appropriate zoning guidelines are being adhered to. Council Member Noyola encouraged the other Council members to support the proposal because it would generate more tax dollars and would benefit the area. Responding to Council Member Martin, City Attorney Bray said the Council could grant the zoning request and not be legally required to make any other changes on the block. Mr. Martin asked if a restaurant owner were to buy property further down the block from the subject property and request a zoning change, would the Council be allowed to deny that zoning request, and Mr. Bray said they could. Mrs. Cooper asked about the restrictions of the special permit. Mr. Utter said that if the proposed business were to be granted a special permit and then cease operation, the special permit would expire after one year if it was not utilized. Upon verification by Mr. Bray, Mr. Martin pointed out that the way this particular special permit was drafted, any restaurant would be allowable on that property. Mr. Utter said the special permit could be more narrowly defined if the Council directed staff to do so and it was agreeable to the applicant. Mr. Galindo noted that Council Member Best was not present at the day's meeting, and the zoning request required seven affirmative votes to pass. Mr. Galindo then made a motion to postpone the vote on the special permit request for one week, seconded by Mrs. Cooper. Mayor Rhodes contended that there still would not be enough affirmative votes for the proposal to pass. The Mayor called for a voice vote and the motion to postpone was passed. POSTPONED Minutes Regular Council Meeting January 17, 1995 Page 6 fer—pub4leatien. Mr. McNichols asked if the special permit were granted, could it be construed as to allow a restaurant to serve alcoholic beverages and maintain late hours. Mr. Utter said staff would provide the Council with a report. Mr. Galindo reiterated his support of the proposal. Mayor Rhodes introduced the following zoning case: 3. Case No. 1294-2, John W. Bogard: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Segrest Addition, Block 7, Lot 1, located on the northwest corner of David (Crosstown Expressway) and Segrest Streets. Mayor Rhodes said the Planning Commission and staff recommended denial. Mr. Harvey said several blocks around and including the subject property are all used residentially, and showed a video to illustrate that point. He explained that the subject property is used as a residence, with a home occupation (insurance business) occurring in the residence. Responding to Council Member Galindo, Mr. Harvey said that according to the zoning ordinance, one employee from outside the household is authorized to conduct a permitted home occupation, such as insurance sales. In addition, in order to qualify under the home occupation regulations, someone must be living at the residence at all times. Mr. Galindo expressed doubt that someone was actually living in the residence in question. Mr. Harvey said the applicant was requesting a change of zoning to "AB" in order to hire more employees to conduct insurance sales. He added that the closest commercial zoning is approximately three to four blocks away from the subject property. Mayor Rhodes asked if there were any people opposed to the zoning change, and there were none. Ms. Theresa Chavez spoke on behalf of the applicant, Mr. John Bogard, who could not attend the hearing. She said he requested that his zoning application be postponed for two weeks, when he could appear. Mr. Galindo said he objected to postponing the item, adding that the zoning change should be denied. Upon clarification, Mayor Rhodes made a motion to postpone zoning Case No. 1294-2 until January 31, 1995. The motion was seconded by Council Member McNichols, and it passed by a vote of the majority of the Council present, with Mr. Galindo voting "No." Minutes Regular Council Meeting January 17, 1995 Page 7 POSTPONED Mayor Rhodes opened the public hearing on the following zoning case: Case No. 1294-3E, Cinemark USA, Inc.: Request for an exception to the standard screening fence requirement along the east property line of Bohemian Colony Lands, Section 4, Lot 3, located along the south side of South Padre Island Drive, west of the Crosstown Expressway extension. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. Responding to Council Member Martin, Mr. Utter said the applicant was requesting a waiver of the standard screening fence requirements because there have not been any residential developments adjacent to the subject property, even though it is zoned "R -1B" for residential use. Following another question from Mr. Martin, Mr. Utter said staff will be moving forward with a recommendation for rezoning the adjacent property. City Secretary Chapa polled the Council for their votes as follows: M95-016 Motion, upon application by Cinemark, Inc., approving a waiver of the standard screening fence requirements of the Zoning Ordinance along the east property line of Bohemian Colony Lands, Section 4, Lot 2, based on the findings that no building permits for residential construction have been issued upon any lot or lots adjacent to the property, no residential structures exist on any lot or lots adjacent to the property, and that this waiver of screening fence requirements will not adversely affect the uses of adjacent and neighboring properties. The foregoing motion passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. Minutes Regular Council Meeting January 17, 1995 Page 8 Mayor Rhodes opened the public hearing on the following zoning case: 5. Case No. 1294-4, Peacock Properties, Inc.: A change of zoning from "R -1B" One - family Dwelling District to "B-4" General Business District on 2.6 acres out of Lot 1, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Saratoga Boulevard, approximately 510 feet east of S. Staples Street. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Longoria 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. 022137 Ordinance amending the Zoning Ordinance upon application by Peacock Properties, Inc., by changing the Zoning Map in reference to 2.6 acres out of Lot 1, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One - family Dwelling District to "B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No. 1294-5, Walter and Carol Wright: A change of zoning from "A-1" Apartment House District to "B-4" General Business District on Gateway Park, Biotic 2, Lot 19, located on the west side of Cline Street, approximately 275 feet south of South Padre Island Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. It was moved and seconded to close the public hearing, and passed unanimously. Minutes Regular Council Meeting January 17, 1995 Page 9 Responding to Council Member Martin, Mr. Utter said a gradual transition to "B-4" zoning south of the subject property would be acceptable. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022138 Ordinance amending the Zoning Ordinance upon application by Walter and Carol Wright, by changing the zoning map in reference to Gateway Park, Block 2, Lot 19, from "A-1" Apartment House District to "B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. The Mayor reconvened the regular Council meeting. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 12. City Manager Garza stated that he was withdrawing Item 9, and Council Members requested that Item 8 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M95-017 Motion approving a supply agreement for cast iron foundry items including approximately 1,550 meter box lids; 600 valve boxes and lids; 100 manhole rings and covers; and 15 sidewalk covers; in accordance with Bid Invitation No. BI -0099- 95, with International Supply, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $103,337. 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 are budgeted in FY 94-95 by the using departments. Minutes Regular Council Meeting January 17, 1995 Page 10 The foregoing motion passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. 9. WITHDRAWN 10. FIRST READING ORDINANCE Repealing Section 23-18 of Article 1, Chapter 23 of the Code of Ordinances concerning the Health Clinic visit fee and replacing that section with a schedule of fees for clinical health services and specifying rules concerning the imposition and collection of such fees. The foregoing ordinance passed on first reading by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. 11. ORDINANCE NO. 022139 Authorizing the City Manager to execute on behalf of the City of Corpus Christi a lease agreement whereby the City leases to the Las Carabelas Columbus Fleet Association 1.43 acres more or less of land adjacent to the Corpus Christi Museum of Science and History for a term ending July 31, 2015 for the purpose of publicly displaying and operating the Columbus Ship replicas as a museum facility, and the Association agrees to timely pay debt service on $2,910,000 of Certificates of Obligation issued by the City for improvements for the Columbus ships project; providing for severability. The foregoing ordinance passed on second reading by the following vote: Rhodes, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No"; Best absent. Note: Council Member Galindo originally voted "Aye" on Item 11, but later in the meeting he asked that his vote be changed to "No." Mayor Rhodes noted that Mr. Galindo had been voting "No" on previous related items, and there was no opposition from the Council regarding Mr. Galindo's vote change. 12. ORDINANCE NO. 022140 Amending the Code of Ordinances, Chapter 9, Aviation, Article 11, Municipal r Minutes Regular Council Meeting January 17, 1995 Page 11 Airports, Section 9-63 to add an Animal Control Ordinance for the Airport; providing for publication; and providing for penalties assessed for violations. The foregoing ordinance passed on second reading by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Best absent. Mayor Rhodes opened discussion on Item 8, procurement of a tractor brush loader. Responding to Council Member Moss, City Manager Garza explained that it might be possible to purchase the tractor brush loader, but it was part of an overall capital equipment replacement program and it would be difficult to replace those items solely through outright purchase. Mr. Moss expressed reluctance about procuring the brush loader through the lease/purchase option, citing rising interest rates. He said he agreed with regularly replacing old equipment so as not to idle the work crews. In response to Council Member McNichols, Mr. Garza said that other items needing to be procured include three brush trucks for the Solid Waste Department, two flat-bed trucks and four dump trucks for street asphalt maintenance, and one dump truck for park maintenance. Dr. McNichols said he was concerned about continuing to utilize the lease/purchase option. Council Member Martin said some of the items could be financed for two years rather than five years, as had been done. Mr. Martin asked about pre -payment penalties, and Mr. Garza replied that he would provide a report on the subject. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. M95-018 Motion approving the procurement of one tractor brush loader in accordance with Bid Invitation No. BI -0002-95, from Coastal Plains Equipment Company, Corpus Christi, Texas, based on low bid, for the amount of $68,800. The equipment is budgeted in the FY 94-95 budget as replacement, and funding will be provided through the lease/purchase line of credit contract with G.E. Capital. The foregoing motion passed by the following vote: Rhodes, Cooper, Longoria, Martin, McNichols and Noyola voting "Aye"; Galindo and Moss voting "No"; Best absent. Minutes Regular Council Meeting January 17, 1995 Page 12 Mr. Martin commented about the interest rates the city had received on the recent sale of certificates of obligation. Mayor Rhodes called for the City Manager's report. Mr. Garza reminded the Council that the official groundbreaking ceremony for the Holly Road improvement project will be held beginning at 11:30 a.m. on January 24, 1995 at the Water Department building. He added that there would be an update on the water releases during the next meeting. In her report, the Mayor commented on the Xeriscape Garden at the Corpus Christi Museum of Science and History. Mayor Rhodes called for Council concerns and reports. Council Member Martin observed that during the last few weeks, the Council had taken many actions that contributed to the city's economic development, which continues to improve, thereby increasing the city's tax base. He also commented on the city's investment portfolio, which City Manager Garza had made available to the Council for their information. Council Member Galindo asked about the plans regarding collection of overdue warrants at the Municipal Court. Mr. Garza said staff is considering contracting the collection operation out to a private company, in addition to coordinating efforts with the Nueces County Tax Assessor -Collector. Council Member Longoria asked for updates on street improvements to Mayfield Drive and the Dunstain Drive extension in Ca!alien. She added that the problem of congestion on and access to FM 624 needed to be addressed. Council Member Moss commended the staffs of the Utility Departments for their hard work, which sometimes causes them to work throughout the night. He also asked if the concerns regarding the seawall, as provided for in the Coastal Management Pian, could be dealt with separately from the rest of the plan, and Group Manager Utter said they could not. Mr. Utter added that public hearings on the issue were recently held and much input was received; in addition, controversy has surrounded the seawall ever since it was built in 1969. Mr. Moss said he continues to receive calls about street striping and traffic signals around the city. Mr. Garza replied that he would provide a report on the subject. Mr. Moss also asked for a report on a letter from a citizen regarding sewer service on Holly Road. Council Member McNichols asked about the city's jurisdiction regarding cable Minutes Regular Council Meeting January 17, 1995 Page 13 rates. Mr. Garza said that if the cable company is adhering to the federally established guidelines, the customers have little choice in the decisions the company makes. He said staff reviews the rates, and if they fall within those guidelines, they are allowable. City Attorney Bray pointed out that the city has original jurisdiction only on the cable company's first tier of programming, the second tier is regulated by the Federal Communications Commission (FCC), and there are additional premium services which are unregulated. Dr. McNichols suggested that a resolution to the FCC regarding this issue might be appropriate. He said he had also received calls about construction traffic traveling between South Padre Island Drive and Ennis Joslin. Council Member Noyola asked if there were any updates on the appeal by the Lavaca-Navidad River Authority, and Mr. Bray said there were none. Mr. Noyola also commented about the continuing problem of graffiti, and Mayor Rhodes said that a committee had initially met to discuss the problem, and she invited him to take part. Mr. Garza reiterated that citizens can call his office at 880-3220 to report graffiti and volunteers will paint over it. Council Member Cooper thanked staff for participating in the town hall meeting held on January 16, 1995. One of the concerns discussed was speeding vehicles on Sierra Blanca. Mrs. Cooper said the intersection of Yorktown and Staples streets is still dangerous and a traffic light was needed there soon. Council Member Martin asked for an update during an upcoming meeting on the status of the Southside Sewer Plant, which had received much attention in the past. Mayor Rhodes called for petitions from the audience. Mr. Leon Perez, 904 Buford, asked about funding for the Halo Flight helicopter service. City Manager Garza replied that the city has not been involved in the service's funding because the city does not require helicopter service for its residents. It has been used by patients in rural areas and to transport patients from the Rio Grande Valley to Corpus Christi. He said state legislators are addressing the issue. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 4:05 p.m. on January 17, 1995.