HomeMy WebLinkAboutMinutes City Council - 05/21/1996I 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 May 21, 1996, which were approved by
the City Council on May 28, 1996.
WITNESSETH MY HAND AND SEAL, this 28th day of May, 1996
Armando Chapa
City Secretary
SEAL
Ml ►►-a°
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 21, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Melody Cooper
Council Members:
Dr. Jack Best
Betty Black
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward Martin*
Dr. David McNichols*
City Staff:
Deputy City Manager Bill Hennings
Assistant City Attorney Alison Gallaway
Assistant City Secretary Saundra Koenning
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Council Member Best, following which the Pledge of
Allegiance to the flag of the United States was led by Council Member Black.
Assistant City Secretary Koenning 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 and there
being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, a presentation about the Del Mar College
Former Students' Association's 61st anniversary. Dr. Glen Kost, Executive Director of the Del Mar
College Foundation, described events planned for the organization's anniversary, including the
Gold/Silver Reunion and Scholarship Bowl on June 22, 1996, and announcement of the inductees
to the Wall of Honor. Mr. Abel Alonzo, a member of the Del Mar Students Association, invited the
Council and community --particularly the business community --to participate in any of the group's
activities throughout the year.
*Council Members Martin and McNichols arrived at the meeting at 2:05 p.m.
The next presentation regarded the "Fill the Boot" campaign. Mr. Buck Sosa, President of
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May 21, 1996
Page 2
the International Association of Fire Fighters Local 936, thanked the community and Fire Chief J.J.
Adame for their assistance in this year's campaign, which raised over $62,000 for the local Muscular
Dystrophy Association. Ms. Tracy Cardinell, MDA District Director, introduced Mr. Delmar
Shelley Hilliard, who said that the money raised is used to serve the patients treated by MDA in this
area. Mayor Rhodes thanked the fire fighters for their efforts.
The Mayor also introduced Ms. Mary Ann Ferguson, a Tuloso-Midway 7th grader, who was
"shadowing" Mayor Rhodes that day.
* * * * * * * * * * * *
*
Mayor Rhodes opened discussion on Item 3, implementation of the storm water permit.
Deputy City Manager Hennings explained that the ordinance implements the provisions
provided by the Environmental Protection Agency; in particular, prohibiting the dumping of bags
of collected leaves and grass clippings into the storm sewer system; and allowing swimming pool
water to be discharged into the drainage system as long as it is not chlorinated or otherwise
contaminated. He said that if chlorine is not added to a pool within about one or two days, the
chlorine residual drops to zero, allowing it to be discharged to the drainage system.
Mr. Hennings said that Ms. Valerie Gray, Storm Water Superintendent, met with EPA staff
in Dallas on May 20 and they reviewed the proposed ordinance. They indicated that they had no
objection to this ordinance, but they did express concern about some existing city ordinances that,
if literally interpreted, might create some problems. The EPA officials suggested that staff clarify
some of those provisions to reflect the actual practice in Corpus Christi. He said one of those
provisions was a section that has been in the Code of Ordinances over 40 years which prohibits
putting waste into the storm sewer system. Mr. Hennings said that could be construed to prohibit
putting brush out for collection --that is not what it was intended to do and staff has never interpreted
it that way.
Mr. Hennings proposed that the Council pass this ordinance on first reading at this meeting,
and next week he will bring a motion to amend to include some of the corrections that need to be
made to existing ordinances, which will result in a comprehensive listing of rules that affect the
drainage system that are reasonable.
Responding to Mayor Rhodes, Mr. Hennings said that after the rules are clarified, the public
will be notified. The only people affected by this ordinance would be owners of swimming pools,
who will also be notified.
In reply to Council Member Martin, Mr. Hennings said that the proposed ordinance had been
altered from a previous draft that was much longer. He added that many of the issues contained in
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May 21, 1996
Page 3
the earlier draft are those which will need to be clarified.
Mr. Martin requested written information from the EPA officials regarding which items need
to be clarified. Mr. Hennings explained that, basically, the draft ordinance was included in the storm
water permit application that the city needed to submit to EPA two years ago. Mr. Hennings
expressed his appreciation to Mrs. Dorothy Crawford, of the EPA's Water Quality Protection
Division in Dallas, for her assistance.
Responding to another question from Mr. Martin, Mr. Hennings said the deadline for
implementation of the ordinance is June 1, 1996. Mr. Martin said some of the problems that have
occurred with this ordinance could have been avoided had it been brought to the Council sooner.
He said he also disagreed with the provision regarding swimming pools. Mr. Martin then asked what
the definition was for "harmful level" of discharged chlorinated water, and Mr. Hennings said that
according to the EPA it was zero residual for chlorine.
Council Member Cooper asked if brush collection would be continued, and Mr. Hennings
said staff does not propose to change any of those practices. He said the problem was that the 40 -
year -old existing ordinance, as it reads now, seems to say that people cannot put any kind of waste
into the street. As a result, the ordinance needs to be changed to reflect actual practices.
Mayor Rhodes called for comments from the audience.
Mr. R.F. Hasker, 1813 Wallace, referred to an editorial in the May 21, 1996 Caller -Times,
which discussed the confusion surrounding the draft of the ordinance and the EPA requirements.
Mr. Hasker said Council actions with regard to the water and storm water issues were scare tactics
meant to confuse the public.
Mr. Neil Trollinger, 337 Stages Dr., said he spoke to Mrs. Crawford of the EPA last week.
He said she told him that the city was generally within compliance of the EPA mandate, but some
of the port industries were not in compliance. He asked the Council to ensure that the citizens of
Corpus Christi not be subjected to an expensive fine as a result of noncompliance with EPA
regulations by port industries. Referring to a continent made by Mr. Trollinger, Mayor Rhodes said
that questions raised by the Council the week before about the draft ordinance resulted in
clarification by EPA officials about the federal mandates. The Mayor also asked staff to call Mrs.
Crawford regarding the port industries' compliance with the regulations.
Assistant City Secretary Koenning polled the Council for their votes as follows:
3. FIRST READING ORDINANCE,
Amending the City Code of Ordinances regulating the discharge of certain materials into the
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Regular Council Meeting
May 21, 1996
Page 4
City of Corpus Christi Municipal Separate Storm Sewer System; providing a penalty for the
violation of such provisions; and directing publication of subject ordinance.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting
"No."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, moratorium associated with "B-1" zoning
districts.
Mr. Hennings said that last week the Council asked staff to consider the possibility of a
moratorium since the Planning Commission is reviewing a proposed change in the `B-1" district
regulations dealing with bars and the sale of alcoholic beverages.
Council Member Martin asked if the moratorium could be indefinite. Mr. Hennings replied
that the City Attorneys felt there should be a time limit on the moratorium.
Mr. Martin made a motion to amend the ordinance to a 90 -day moratorium, seconded by
Mayor Rhodes, and passed unanimously.
Mayor Rhodes called for comments from the audience, and there were none. Assistant City
Secretary Koenning polled the Council for their votes as follows:
4. ORDINANCE NO. 022571
Ordinance enacting a moratorium for 90 days in the `B-1" Neighborhood Business Zoning
District for any use primarily engaged in the sale of alcoholic beverages which began
operation subsequent to May 21, 1996; providing for severance; providing for publication.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin,
and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, mission statement for new regional solid waste
facility.
Mr. Hennings noted that this issue had been discussed last week, and some changes had been
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May 21, 1996
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made in the wording of the mission statement to ensure that the suggestion of an "innovative" design
would not be at the expense of the cost-effectiveness of the project.
Mayor Rhodes called for comments from the audience.
Mr. Leon Perez, 904 Buford, asked how much the new landfill will cost. Following an
inappropriate remark by Mr. Perez, the Mayor asked that he be escorted from the Council Chambers.
Responding to Mr. Perez's question, Mr. Tom Utter, Assistant City Manager for
Development Services, explained that initial construction of the new landfill will cost approximately
$9 million to $10 million; the acquisition cost is about $5 million, or $2,400 an acre. He said a total
financing package was approved by the Council, including an increase in fees. Mr. Utter said the
exact cost will be determined during the permitting process.
Council Member Heldenfels said some citizens questioned the weekend hours of operation
of the J.C. Elliott Landfill. Mr. Utter replied that it is open on Saturdays from 7 a.m. to 3 p.m. but
it is not open on Sundays. Mr. Heldenfels asked if the new landfill would have different hours. Mr.
Utter said landfills are usually closed one day per week for certain work. He added that staff will
consider the possibility of an attended area for disposal on Sundays at the new landfill.
Assistant City Secretary Koenning polled the Council for their votes as follows:
5. RESOLUTION NO. 022572
Resolution adopting the following mission statement for the new landfill "to plan, permit and
construct a new solid waste facility with appropriate buffer areas that is environmentally
sound, is designed in an innovative and fiscally responsible manner, and that serves the
region for the 21st century."
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
*************
Mayor Rhodes opened Item 6, a special discussion item regarding the city's water supply.
Mr. Hennings said staff had not yet been given information about a hearing date for the
Lavaca-Navidad River Authority's transbasin permit application; he will inform the Council when
the information becomes available. Mr. Carl Crull, Assistant City Manager for Public Works and
Utilities, said Condition II of the city's drought management plan is continuing, and the number of
calls from citizens has reduced significantly. He said production out of the O.N. Stevens Water
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May 21, 1996
Page 6
Treatment Plant is down about 14% from last year, and more information is being gathered for a
report during the June 11, 1996 Council meeting.
Council Member Martin requested an update on the city's wells. Mr. Crull replied that there
are 12 wells around Lake Corpus Christi, nine of which are operational and ready to be put into
service, and three which are inoperative due to lightening strikes. He said those three were bid on
May 15 and the contract award will be brought to the Council. Mr. Crull said the four wells in the
Campbellton area near Choke Canyon are artesian wells that are supplemented by pumps, which
need to be rehabilitated. He said bids for those will be accepted next Wednesday with contracts to
follow. He said the intent is to have all the wells operational by around September 1.
Mr. Martin asked if the city's operating plan called for the regular testing of wells, and Mr.
Crull said it does. He noted that the Campbellton wells were run last year, but in order to operate
them on a long-term basis there are some aspects which need to be corrected. Mr. Crull said the
pumping capacity of those wells is approximately 27 million gallons per day. Mr. Martin asked
when it would be economically feasible to begin operating the wells. Mr. Crull said staff has asked
HDR Engineering to consider that question, and their broad response at this time is between 30%
to 20% of reservoir system capacity.
Mr. Martin said the idea would be to extend Condition II as long as possible before more
stringent water restriction measures have to be adopted. He said he thought that if the wells could
be turned on immediately, the life of the system could be significantly increased. Mr. Crull pointed
out that the electrical cost to operate all 16 wells is about $65,000 per month.
Council Member McNichols addressed the issue of evaporative losses. He explained that
as the reservoirs draw down, their surface area is decreased and the evaporative losses are less. Mr.
Martin noted that nine of the wells are located below the lake. Mr. Crull said the city could begin
operating those nine wells, which generate about 10 million gallons per day. Mr. Martin said that
if the operation of the wells extends the life of the reservoir system, the cost is justified. Mr. Crull
said staff would provide a report.
Council Member Heldenfels asked what percentage of the optimum flow can be achieved
without supplemental pumping of the four Campbellton wells. Mr. Crull said he did not know, but
the total capacity of the four wells (which contain 250 -horse power pumps) is about 12 million
gallons per day. He added that those four wells pump into the Atascosa River, which flows into the
Frio River. He said since the Atascosa River has had practically no flow, there will be significant
in -bank losses in the initial phases of the pumps' operation, but that will be reduced.
Responding to Council Member Best, Mr. Crull said the wells below the dam were drilled
in 1984 and used for a short time. Dr. Best said he thought that building a pipeline from the wells
would not be that expensive, although Mr. Crull said they are still 20 to 30 miles away. Mr.
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Hennings commented that the amount of water released from Lake Corpus Christi is controlled so
that it will not run over the dam at Calallen.
Dr. Best asked if the wells in the Flour Bluff area had been considered. Mr. Crull replied that
there are difficulties associated with pumping water from there, including salt water intrusion.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on Item 7, annexing 10.148 acres, comprised of
Wood River Subdivision Unit 11A containing 9.687 acres, platted and recorded in Volume 57, Page
101 of the deed records of Nueces County, Texas and; a 0.4608 acre tract of land, more or less, out
of a 400.00 acre tract and a 205.80 acre tract out of the Mariano L. De Herrera Grant Abstract 606,
Nueces County, Texas, platted as Lot 1 Block 47, The Park at Wood River Unit 8.
Mr. Hennings said that last October the property owners in that area agreed to annex a certain
percentage of their property each year for a five-year period in return for not being annexed in
October. The property to be annexed at this time is an approximately 10 -acre undeveloped part of
Wood River adjacent to the city limits.
Mayor Rhodes called for comments from the audience, and there were none. Council
Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels,
and passed unanimously.
* * * * * * * * *
*
*
**
Mayor Rhodes opened the public hearing on the following zoning case:
8. Case No. 396-7 Sonrisa Partners Inc • A change of zoning from `B -2A" Barrier Island
Business District and `B -2A" Barrier Island Business District with a Special Permit to "I-2"
Light Industrial District on Padre Island #1, Block 18, Lots lA through 8A and Lots 3B, 4B
and 5B, located on the southwest comer of South Padre Island Drive (Park Road 22) and San
Felipe Drive.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "I-2"
District, and in lieu thereof, approval of a special permit for a mixture of uses subject to five (5)
conditions. She asked if the applicant agreed to the special permit, and Mr. Utter said they did.
No one opposed the zoning change. Council Member Best made a motion to close the public
hearing, seconded by Council Member Heldenfels, and passed unanimously.
Responding to Council Member McNichols, Mr. Brandol Harvey, Director of Planning and
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May 21, 1996
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Development, said the required 7 -foot screening fence is intended to be a visual barrier to the most
onerous type of storage that could occur there. He said many of the people who complained about
this zoning application are located two, three or four blocks away, saying that the business would
block their line of sight in that relatively undeveloped portion of the island. He said eventually as
houses are constructed that line of sight will no longer exist.
Dr. McNichols asked if the residents' concerns had been addressed as well as possible while
still allowing the business use, and Mr. Harvey said they had been.
Assistant City Secretary Koenning polled the Council for their votes as follows:
8. ORDINANCE NO. 022573
Amending the Zoning Ordinance upon application by Sonrisa Partners, Inc., by granting a
Special Council Permit for a mixture of uses subject to five (5) conditions on Padre Island
#1, Block 18, Lots lA through 8A and Lots 3B, 4B and 5B; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
9. Case No. 496-6. P.S. Vera Auto Parts: A change of zoning from "B-1" Neighborhood
Business District with a "SP" Permit to "I-2" Light Industrial District on Laguna Acres,
Block 1, Lot 12 located on the southeast corner of Horne Road and Teresa Street.
Mayor Rhodes said the Planning Commission and staff both recommended denial.
Mr. Harvey showed a video of the subject property, and noted that the 20% rule was in effect.
While viewing the video, Council Member Betty Jean Longoria asked where outside repairs were
taking place. Mr. Harvey replied that it was his understanding that outside repairs were occurring
in front of the business and behind the screening fence around the business. He noted that the
portion of Teresa Street in front of the business was marked off with numbers so that the business
could perform brake testing on vehicles to see how quickly they stopped. In addition, the city's
Street Department has had to perform a base repair on that street due to failure caused by oversized
equipment.
Mr. Harvey explained that in 1988 this property received a special permit to allow for auto
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Regular Council Meeting
May 21, 1996
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repair on the inside of the building; outside repair and outside storage was not allowed. Since then,
the owner has been given several notifications that his business was not in compliance with the
original special permit. Staff has been working with the owner since about 1993 on different
notifications, and the owner was requesting "I-2" in order to continue the types of uses that the
business was cited for, including the inspection of tractor trailers. He said that under the current
special permit, inspections on the cabs of tractor trailers would be allowed (but not on the trailers
themselves), as well as repair of light trucks inside the building.
The Planning Director went on to say that the Planning Commission and staff are opposed
outright to the requested "I-2" zoning, and they believe that the owner's existing special permit
allows him the maximum utilization of the property. He said this business is very successful and
is probably outgrowing its current location.
Mr. Daniel Vera, an attorney representing the applicant Mr. Paul S. Vera, said Mr. Vera was
not interested in the "I-2" zoning district --all he wanted was to be able to apply the brakes on the 18 -
wheelers in order to inspect them. He said Mr. Vera promises not to do any repairs on the 18 -
wheelers.
Mayor Rhodes asked what Mr. Vera was being cited for, and Mr. Harvey replied that the
violations included open storage, outside auto repair, heavy equipment repair, and inspection of the
18 -wheelers. The Mayor pointed out to Mr. Daniel Vera that the applicant was promising not to do
things for which he had already been cited. Mr. Daniel Vera said it was his understanding that either
the allegations were not true, or they had been positively addressed by Mr. Paul Vera and they do
not occur.
Council Member Heldenfels said that the video had shown lines painted on Teresa Street for
braking measurements, and Mr. Daniel Vera said the owner was not doing that at the moment. Mr.
Heldenfels said the painting of the lines was inappropriate since Teresa was a residential street and
not part of Mr. Vera's property. Mr. Daniel Vera said Teresa Street had been provided to Mr. Vera
as being an appropriate place to conduct the braking tests by the Texas Department of Public Safety.
Mr. Daniel Vera said he asked one of Mr. Vera's mechanics if there were other surrounding streets
that would be appropriate to conduct those tests, and he indicated there would probably be some,
such as Airport Road.
Council Member Martin said he understood that Mr. Vera could repair autos and trucks not
exceeding two tons on his property, and Mr. Harvey said that was allowed inside the building. Mr.
Martin said Mr. Vera could also inspect autos, trucks and semi -tractors, and Mr. Harvey clarified that
he could only inspect the cabs of the semi -tractors. Mr. Martin asked if the truck brake inspection
would be allowed, and Mr. Harvey said it would be allowed on Mr. Vera's premises outside the
building since it was not repair work.
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May 21, 1996
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Mr. Martin asked if the violation in question had to do with the outside repair of vehicles in
the front and back, and Mr. Harvey said he thought that was occurring several places on the site. Mr.
Martin then asked Mr. Daniel Vera if that was his understanding. Mr. Vera said Mr. Paul Vera
applied to the Planning Commission to legitimate the business of inspecting 18 -wheeler trailers; he
already had, under the special permit, the right to inspect the tractor. Responding to Mr. Martin, Mr.
Harvey said the inspection of the tractor versus the trailer was different, and the two did not
necessarily come together.
Mr. Martin said that if someone drove an 18 -wheeler onto Mr. Vera's premises, the special
permit would allow him to inspect the cab, but not the trailer. Mr. Harvey said that in order to deal
with Mr. Vera, staff has more or less "stretched" the special permit to say that the cab would be
treated as a light truck, but the trailer is heavy equipment which is explicitly prohibited.
Mr. Daniel Vera said that because the owner is not allowed to work outside the premises, if
he merely applies the brake to the tractor to see if the 18 -wheeler rolls, he is working, and that is all
he wants to legitimate. Mr. Martin asked if Mr. Vera could test the brakes on a tractor, and Mr.
Harvey said he could. Mr. Martin then asked if Mr. Vera was interested in performing outside
repairs, and Mr. Daniel Vera said the applicant was not interested in that, except for applying the
brakes.
Mr. Harvey reiterated that in order to work with Mr. Paul Vera, staff has agreed that he could
inspect 18 -wheeler cabs which would be considered light equipment, but the trailers could not be
designated as such. He said somewhere staff reaches a point either that they have already gone too
far, or the next step would be going too far.
Mr. Martin asked how enforcement would be handled if an 18 -wheeler tractor went to Mr.
Vera's business with its trailer attached seeking to have the tractor inspected. Mr. Harvey said that
determination would be made by the enforcement staff, but he would say that staff would allow the
trailer to arrive at the site and be parked while the cab is being inspected. Mr. Martin then asked Mr.
Daniel Vera for his reaction. Mr. Vera said Mr. Paul Vera takes advantage of an opportunity to
charge quid pro quo those occasional visitors to his business who come to deliver merchandise --he
wants to apply the brakes to their trailer and give them an inspection sticker.
Mayor Rhodes said if Mr. Vera was only inspecting one or two tractor trailers, there really
was not a problem; he would just have to eliminate that practice. Mr. Daniel Vera said the owner
was seeking to legitimate what he was already doing; he could have continued without the Council
knowing. Mrs. Longoria pointed out that the neighbors would have known he was continuing to
illegally inspect the tractor trailers. Mr. Daniel Vera said the neighbors' concern about the tractors
being brake -tested on their street could be dealt with by testing them on Airport Road.
The Mayor said that people promise the Council many things concerning business uses
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May 21, 1996
Page 11
adjacent to neighborhoods, and when they get their special permits the neighborhoods are violated.
The Council has to rely on whether the zoning is appropriate. Mr. Daniel Vera replied that Mr. Vera
had a petition containing 127 signatures supporting him.
Mr. Martin again pointed out that Mr. Vera can at this time legally inspect 18 -wheeler
tractors, and repair vehicles and trucks, provided that is done inside. He asked if the only thing Mr.
Vera wished to do that cannot be done now is the inspection of 18 -wheeler trailers, and Mr. Daniel
Vera replied that was correct.
Mr. Martin also again asked how this case came to the Council. Mr. Utter replied that it
resulted after a long series of violations on which staff has attempted to work with Mr. Vera. Mr.
Utter distributed photographs dating from 1994 through 1996 illustrating the many violations,
including open storage of vehicles and materials, parking of vehicles on the vacant lot next door,
open repair of several vehicles, failure to maintain the screening fence and other violations. Mr.
Martin asked if Mr. Vera was seeking to continue to have open storage or conduct outside repairs,
and Mr. Daniel Vera said he was not.
Mr. Martin asked how many trailers are inspected each month, and Mr. Paul Vera responded
five or six per week, and Mr. Martin noted that was about one per day.
Mrs. Longoria asked, if the trailers were not allowed to be inspected at Mr. Vera's business,
where else would the inspection take place. Mr. Vera said possibly on Airport Road if DPS
approves. Mr. Utter pointed out that the inspection of 18 -wheeler trailer brakes should not be
conducted in a residential area, and they could not be checked on Mr. Vera's premises.
Mr. Heldenfels said he understood that what Mr. Vera wanted to be able to do was hook the
tractor and trailer together and check both braking systems, and Mr. Daniel Vera said that was
correct; he added that he did not think Mr. Paul Vera was interested in repairing the tractors.
Council Member John Longoria asked what the special permit currently allows. Mr. Harvey
said it allows for the repair of automobiles and light vehicles inside the building, but it does not
allow any outside storage or outside repair. It is also not intended to allow any heavy equipment
repair. He said when they allowed the inspection of 18 -wheeler cabs, it "stretched" the special
permit.
Mr. Longoria said he has been involved with this situation since soon after his election to
represent District 3 last year. He noted that there have been numerous complaints, several violation
notices, and two Municipal Court dates resulting in a pretrial plea of "not guilty" and a "no-show."
Mr. Longoria asked about the non-appearance, and Mr. Utter said it was still pending before the
court. Mr. Longoria said the complaints have not only concerned the brake testing but also the
outside repair work and auto salvage; in addition, there was an occurrence in which chemicals were
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Regular Council Meeting
May 21, 1996
Page 12
dumped into the city's storm drainage system.
Mr. Longoria pointed out that the city was sending light trucks to be repaired at Mr. Vera's
business; Mr. Harvey said as soon as the Fleet Manager became aware that Mr. Vera was in violation
for other practices, he believed the city stopped sending its trucks there. Mr. Longoria said the
neighbors have complained time and time again about Mr. Vera's business, and he thought Mr. Vera
had displayed a blatant disregard to any of the laws that the Council has tried to implement to protect
the neighborhood there.
Mayor Rhodes said Mr. Daniel Vera denies the violations, claiming they are just allegations,
while staff has pictures showing that the violations are occurring. She said her office has also
received numerous calls about Mr. Vera's business. Mr. Daniel Vera said he had no personal
knowledge of the allegations, but Mr. Paul Vera had denied them.
Mrs. Cecilia De La Garza, 4113 Teresa St., said she lived across from the entrance to Mr.
Vera's garage at his business. She said when the 18 -wheelers are tested, they drive down Teresa
Street, around Molina Veterans Memorial Park and come back up Teresa Street, accelerating until
they brake in front of her house and Mr. Vera's business. She said the 18 -wheelers also stop traffic
on Home Road while they are exiting Mr. Vera's shop. Mrs. De La Garza said if Mr. Vera's request
was granted, it would be very bad for the neighborhood. She added that outside repair work is
conducted on site, since there is very little room inside the building. She also discussed the chemical
spill and oil spills which occur on site.
Mr. Paul Vera, 3318 Casa De Amigos Dr., said when the 18 -wheeler's brakes are inspected,
they are moved one or two feet. He said he could not control 18 -wheelers traveling on the residential
streets, and he noted that several school buses travel there as well. He added that he could have had
the whole neighborhood sign a petition in support of his business.
Responding to Mrs. Longoria, Mr. Paul Vera said the brake markings are located on Teresa
Street, which is where the 18 -wheeler cabs were tested.
Council Member Best made a motion to close the public hearing, seconded by Council
Member Heldenfels, and passed unanimously.
Mr. Martin said there was no question about denying the request for "I-2" zoning. He said
if the only issue was whether 18 -wheeler trailers could also be inspected, he did not view that as
offensive. He asked how that could be accomplished, and Mr. Utter said the Council could amend
the special permit that already exists. Mr. Martin pointed out that staff had made a decision in
writing that inspection of cabs was allowed, so that was not an issue.
Mr. Martin made a motion to instruct staff to draft a special permit to allow trailer inspection
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May 21, 1996
Page 13
in addition to the current items allowed under the special use permit. Mr. Heldenfels seconded the
motion.
Mayor Rhodes said she would not support Mr. Martin's motion, not because she did not think
that particular point was valid, but frequently people have not abided by their special permits, and
the Council was trying to protect a neighborhood in this case. She said Mr. Vera did not honor the
special permit in the way it was issued, and she did not see why he would live up to any others. The
Mayor added that she thought they make a mistake by giving out too many special permits.
Mr. Longoria asked if the vote on the motion to amend was subject to the 20% rule, and Mr.
Utter said it was. Mr. Longoria reaffirmed Mayor Rhodes' comments, saying this case has been an
ongoing battle and Mr. Vera is not honoring his current special permit. He said enforcement needs
to be emphasized to try and correct the current problems, rather than making it worse for the
neighbors.
Mrs. Longoria said she would not support the motion to amend. Mr. Martin reiterated that
there was no prohibition against inspecting the cab of an 18 -wheeler at this time --Mr. Vera just
cannot inspect the trailer. Mr. Longoria pointed out that Mr. Vera's business attracts 18 -wheelers
by virtue of him violating the special permit. Mr. Martin commented that an 18 -wheeler (cab and
trailer) can be driven on Mr. Vera's premises and around the neighborhood at this time.
Assistant City Secretary Koenning polled the Council for their votes on the motion to amend
the special permit. The motion failed to pass by the following vote: Black, Heldenfels, Martin, and
McNichols voting "Aye"; Rhodes, Best, Cooper, B. Longoria, and J. Longoria voting "No."
Assistant City Secretary Koenning polled the Council for their votes as follows:
9. FAILED TO PASS
publieation.
An emergency was declared and the foregoing ordinance failed to pass by the following vote:
Black and Heldenfels voting "Aye"; Rhodes, Best, Cooper, B. Longoria, J. Longoria, Martin,
and McNichols voting "No."
*************
Mayor Rhodes opened the public hearing on the following zoning case:
Minutes
Regular Council Meeting
May 21, 1996
Page 14
10. Case No. 496-8. John Krogness: A change of zoning from `B-1" Neighborhood Business
District to "B-4" General Business District on a 1.75 acre tract out of the Fisher School
Tract, located on the south side of Texan Trail, approximately 320 feet east of Fort Worth
Street.
Mayor Rhodes said the Planning Commission and staff recommended approval.
No one opposed the zoning change. Council Member Heldenfels made a motion to close the
public hearing, seconded by Council Member McNichols, and passed unanimously.
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Assistant City Secretary Koenning polled the Council for their votes as follows:
10. ORDINANCE NO. 022575
Amending the Zoning Ordinance upon application by John Krogness, by changing the
Zoning Map in reference to a 1.75 acre tract out of the Fisher School Tract from "B-1"
Neighborhood Business District to "B-4" General Business District; providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
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4
• ***********
Mayor Rhodes called for a 10 -minute recess.
* ************
Mayor Rhodes recessed the regular Council meeting for the annual meetings of the following
corporations: Corpus Christi Health Facilities Development Corporation, Corpus Christi Industrial
Development Corporation, Corpus Christi Housing Finance Corporation, and the Corpus Christi
Community Improvement Corporation.
• ************
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 15 through 24, and Council Members did not request
that any items be withheld for discussion. Assistant City Secretary Koenning polled the Council for
their votes and the following were passed:
Minutes
Regular Council Meeting
May 21, 1996
Page 15
15. M96-140
Motion approving a contract for an estimated 38,000 hours of temporary custodial services
in accordance with Bid Invitation No. BI -0183-96 for the Convention Center and Coliseum
with Interim Personnel of Corpus Christi, Inc., Corpus Christi, Texas based on low bid of
$232,560. The term of the contract will be for twelve months with an option to extend for
up to two additional twelve month periods subject to the approval of the supplier and the
City Manager or his designee. Funds are budgeted for FY 95-96.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
16. M96-141
Motion approving supply agreements with the following companies for the following
amounts in accordance with Bid Invitation No. BI -0134-96 for swimming pool chemicals
which includes approximately 14,800 pounds of calcium hypochlorite; 5,500 gallons of
muriatic acid; 6,000 pounds of cyanuric acid; and 30,000 pounds of bicarbonate of soda
based on low bid and only bid for an estimated annual expenditure of $56,379.80. The term
of the agreements shall be for twelve months with an option to extend for up to two
additional twelve month periods, subject to the approval of the supplier and the City
Manager or his designee. Funds are budgeted in FY 95-96 by the Park and Recreation
Department.
DX Dist. AquaChlor
San Antonio. Texas San Antonio. Texas
(Bid Items - 1, 3-5 - only bid, low bid) (Bid Item 2 - low bid)
$36,399.80 $19,980.00
Grand Total - $56,379.80
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
17. M96-142
Motion awarding a construction contract in the amount of $246,525.53 to Bracco
Construction Company for improvements to Academy, Greenwood Pool/Garcia, McNorton
and Prieto Parks.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Minutes
Regular Council Meeting
May 21, 1996
Page 16
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
18.a. M96-143
Motion adopting the FY 96 CDBG Program, ESG Program and the HOME Program.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
18.b. RESOLUTION NO. 022576
Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan for
Community Planning and Development Program for FY 96; authorizing the City Manager
or his designee to submit the Consolidated Annual Action Plan to the U.S. Department of
Housing and Urban Development; and authorizing the City Manager or his designee to make
changes in the Consolidated Annual Action Plan if required by the U.S. Department of
Housing and Urban Development.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
19. M96-144
Motion authorizing the City Manager or his designee to sign an agreement between the
Corpus Christi Museum of Science and History and The Children's Museum of Houston
whereby the Corpus Christi Museum of Science and History will present and display the
exhibit "Scholastic's The Magic School Bus Inside the Earth 1." The cost of these exhibits
is $19,500 to be paid by the Friends of the Corpus Christi Museum.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
20. M96-145
Motion authorizing the City Manager to execute a Multiple Use Agreement with the Texas
Department of Transportation (TxDOT) to permit the construction, maintenance, and
operation of a temporary water re -chlorination facility on State right-of-way, Park Road 22,
approximately 1,000 feet from the entrance to the National Seashore.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
Minutes
Regular Council Meeting
May 21, 1996
Page 17
21.a. ORDINANCE NO. 022577
Ordinance authorizing the City Manager or his designee to execute an interlocal
governmental agreement to provide certain fiber optic installations and services to connect
the City's Geographical Information System (GIS) with the Nueces County Tax Appraisal
District Office.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye";
B. Longoria absent.
21.b. ORDINANCE NO. 022578
Ordinance appropriating $12,500 contributed by the Nueces County Tax Appraisal District
to the No. 102 General Fund - Engineering Services Activity to connect the City's
Geographical Information System (GIS) with the Nueces County Tax Appraisal District's
GIS; amending Ordinance No. 022279 which adopted the FY 95-96 Budget by adding
$12,500 to the No. 102 General Fund - Engineering Services Activity.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye";
B. Longoria absent.
22. ORDINANCE NO. 022579
Authorizing the City Manager or his designee to enter into a five-year lease agreement with
the Texas Jan Festival, Inc. for the purpose of conducting a festival and related activities in
McCaughan Park and the old City hall site, in consideration of paying the greater of 4% of
gross receipts or direct City costs in supporting the event.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
23.a. ORDINANCE NO, 022580
Granting to CSW Communications Inc., a non-exclusive one-year franchise to construct,
maintain, and operate in designated portions of public rights-of-way telecommunications
facilities for the purpose of providing services within the city and future additions thereto.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Minutes
Regular Council Meeting
May 21, 1996
Page 18
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
23.b. ORDINANCE NO. 022581
Granting to CSW Communications Inc., a non-exclusive seven-year franchise to construct,
maintain, and operate in designated portions of public rights-of-way telecommunications
facilities for the purpose of providing services within the city and future additions thereto.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
24. ORDINANCE NO. 022574
Approving, ratifying, confirming and accepting Sheet C29 and Sheet 316 - Real Time
Pricing (RTP) Pilot Program - filed by Central Power & Light Company as an addition to
the Tariff Manual for the furnishing of electricity and electric service within the City of
Corpus Christi, Texas; providing severability; and providing an effective date.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria
absent.
r**+arts*****
Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section
551.074 regarding new or interim City Manager selection with possible action thereafter in open
session.
The Council went into closed session.
The Council returned from closed session. Mayor Rhodes made the following motion,
seconded by Council Member Betty Jean Longoria, and passed unanimously.
25. M96-146
Motion to appoint Bill Hennings as Acting City Manager effective June 1, 1996.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Si
Minutes
Regular Council Meeting
May 21, 1996
Page 19
Mayor Rhodes thanked Mr. Hennings for his willingness to accept the position, adding that
the Council has confidence in him and the staff. Mr. Hennings replied by thanking the Council for
their confidence, and he assured them that staff will give their best efforts.
The Mayor asked that a closed session be held during the May 28, 1996 Council meeting to
further discuss the issue. {�
* * * * * * * * * * * * *
Mayor Rhodes called for Council concerns and reports.
Council Member Martin referred to a memorandum sent to the Council regarding proposed
changes in Solid Waste Services personnel. He asked that those changes not take place until the
Council has had a chance to discuss them. Mayor Rhodes asked that that issue be discussed in
closed session as well next week.
Council Member Cooper announced that the Mayor's Task Force on Youth Violence would
be meeting on Wednesday, May 22, 1996 at 6 p.m. in the Council Chambers. She noted that there
would be a showing of a hard-hitting video directed at teens about prison life. Mrs. Cooper said the
task force was in the process of forming the subcommittee that will review applications for grants
designed to assist youth; some of the seed money for those grants will be raised by the Bands by the
Bay Unite music festival to be held Memorial Day weekend on North Beach.
Mrs. Cooper also referred to the previous discussion on the storm water permit. She said that
according to the penalty section of the Clean Water Act, there are clear penalties --including
negligent and knowing violations --if the Council were to enact an ordinance that falls outside the
scope of the city's permit. Mrs. Cooper said that at this time, Environmental Protection Agency
officials are not taking a hard line regarding enforcement, but that does not change the law as it is
written.
Council Member Best noted that some Portland citizens were opposing proposed housing
for Navy personnel. He said he would support such a proposal in Corpus Christi, and he asked staff
to indicate that to the Navy.
Council Member John Longoria requested an update on the city's demolition and
rehabilitation activities. He pointed out that on the consent agenda, the Council adopted the FY96
Consolidated Annual Action Plan. Mr. Utter stated that the Community Development Block Grant
program was funded at 97.3% of the FY95 level, and all of the projects the Council had approved
were funded.
Mr. Longoria also commented that the second reading of the ordinance regulating adult
Minutes
Regular Council Meeting
May 21, 1996
Page 20
businesses would be considered on May 28. He asked that the following amendments be presented
in the form of an altemate ordinance: lower the amortization period from 10 years to seven years;
eliminate the "three strikes and out" provision of the proposed ordinance; and require that adult
businesses be located in "B-4" General Business District zoning (rather than "I-3" as proposed), as
long as the businesses are located 1,000 feet from a church, school, residence or park.
Mayor Rhodes asked that staff place those suggestions on the agenda as options. Mr.
Hennings said staff would do so, noting that there already were several options to present. Mr.
Martin said Mr. Longoria's suggestions made sense, and he asked if they could be discussed in a
workshop setting rather than as a public hearing. Mayor Rhodes pointed out that the public hearing
for that date had already been advertised. Following a brief discussion, it was determined that Mr.
Longoria's suggestions and staff's other options would be considered during next week's meeting,
which will include the public hearing.
Council Member Black asked if there were any other types of water that could be used in the
Water Gardens, since they have been turned off as part of the drought contingency condition. Mr.
Hennings replied that the possibility of using salt water was considered when the Water Gardens
were designed, but it would have been cost prohibitive to do so.
Council Member Betty Jean Longoria requested information regarding a residence at 410
12th Street, which had been badly burned and the owner wished to rebuild; however, that property
was apparently rezoned for business use. Mrs. Longoria also said she had received notice from
Police Chief Alvarez that dynamite would be exploded at the landfill in northwest Corpus Christi
on that day, and she requested more details. Mr. Hennings said some disposal needed to take place,
and Chief Alvarez was informing Mrs. Longoria about it. She asked that she be given more advance
notice the next time it occurs.
Mayor Rhodes called for petitions from the audience.
Mr. R.F. Hasker, 1813 Wallace, discussed in detail electric rates charged by Central Power
and Light and by the utilities in the cities of San Antonio and Austin, as well as issues related to the
South Texas Nuclear Project.
Ms. June Shultz, 469 Texas Ave., stated that her car windshield and those of several of her
neighbors had been smashed by vandals during the previous night. She expressed concern about
such incidents of senseless crime. Mayor Rhodes said she had had the same experience three times
in the last year. Council Member Cooper encouraged Ms. Shultz to attend the meeting the next day
of the Mayor's Task Force on Youth Violence.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 5:00 p.m. on May 21, 1996.
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