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HomeMy WebLinkAboutMinutes City Council - 02/11/1997I 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 February 11, 1997, which were approved by the City Council on February 18, 1997. WITNESSETH MY HAND AND SEAL, this 18th day of February, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 11, 1997 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels* Betty Jean Longoria John Longoria Dr. David McNichols City Staff: Assistant City Manager Tom Utter 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 Rev. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Best. 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 28, 1997, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Mechanical Plumbing Advisory Board Michael Dodson (Reappointed) Scott Corliss Tony De La Rosa Ronald Klepac Elvin O'Bryan Sister City Committee David Barrera Minutes Regular Council Meeting February 11, 1997 Page 2 * * * * * * * * * * * * * Mayor Rhodes said there were three presentations on the day's agenda. Ms. Linda Guajardo, an employee of Central Power and Light Company's Economic Development Department, discussed the "Earned Income Credit" Campaign. She said the committee spearheading the campaign consists of representatives of the City of Corpus Christi, Nueces County Commissioner's Court, Mercantile Bank, the Greater Corpus Christi Business Alliance, Judge Robert Vargas, and other local agencies. The purpose of the campaign is to educate citizens about earned income tax credits that may be available to them, thus benefitting this community by recirculating dollars in the local economy as well as to help increase the standard of living for the working poor here. Council Member John Longoria noted that Council Member Martin had suggested last week that city staff help counsel city employees on how to take advantage of the earned income credits if they qualified, and he asked Assistant City Manager Utter to follow up on that idea. Mr. Utter replied that the department heads were informed of the campaign and were in turn informing their employees. Council Member Cooper, Chairperson of the Mayor's Task Force on Youth Violence, introduced representatives from the Board of Trade industries which raised almost $7,000 to assist grassroots organizations which are working to prevent youth violence. The following industries were represented: Port of Corpus Christi Authority, Valero Refining, Koch Refining, OxyChem, CITGO, and Coastal Refining. Mrs. Cooper then distributed grant checks to these organizations: Cross Connection, Victory Inner City Ministries, Project Discovery, and Tejano Academy of Fine Arts. Council Member Betty Jean Longoria thanked the organizations' volunteers for their efforts and the Board of Trade industries for their donations. Mr. Rich Hammonds, a member of the North Bay Area Community Advisory Council (NBACAC), discussed the Northside Scouting program. He said the NBACAC consists of representatives of CITGO, Koch Refining, NAACP, CCISD, Boys and Girls Scouts, and area churches. He said Scouting is a cost-effective and necessary way to provide children with meaningful activities in lieu of gang involvement. Mr. Hammonds announced a leadership breakfast for the Northside Scout Lodge on Saturday, February 15, 1997, at 10 a.m. at Miller High School. Council Member Black thanked those who are involved in such programs. *Council Member Heldenfels arrived at the meeting at 2:25 p.m. Mrs. Longoria asked if there had been a drop in parent participation in Scouting programs. Minutes Regular Council Meeting February 11, 1997 Page 3 Scout Executive John Thurston said it has always been a struggle to get people involved since it requires commitment and work. He said the membership has been about the same over the last 10 years; unfortunately, however, gang membership has increased dramatically during that same period. He said in order to prevent gangs from becoming more prominent than Scouting programs, people have to get involved. Mrs. Cooper commended Mr. Hammonds for his participation in the Mayor's Task Force on Youth Violence. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 3 and 4 regarding the factory outlet center. Assistant City Manager Utter referred to a graphic to briefly describe the proposed factory outlet center. He noted that the center would be located on 52 acres off IH -37 in the northwest area of Corpus Christi, and would require on and off ramps from the interstate. Adjacent to the mall site is a 180 -acre site donated to the city to be used as a municipal golf course, along with an SO -acre piece of land for development as an R.V. park. Mr. Utter said the original agreements called for the city to provide water, sewer, and gas lines to the project site and to construct the on and off ramps. He also described proposed changes to those agreements, including allowing assignment to a third party with the prior written approval of the City Manager or his designee (Rothschild Realty is no longer associated with Mr. Stan Samberg); construction deadlines; letters of credit for construction, engineering design and plans; and modification of the agreement to state that the city is not liable for any damages to Samberg or the developer for a longer than anticipated approval and construction process for the ramps. Mr. Utter also commended Mr. Billy Parks, District Engineer for the Texas Department of Transportation (TXDOT), for his assistance in this project. Mr. Utter said the two contracts with Mr. Garnett Brooks and his wife and the Brooks 1994 Family Trust state that proposed conveyances will be without exception for any easements, rights-of- way or other property encumbrances. Responding to Council Member Cooper, Mr. Utter said two separate banks have issued the letters of credit, one in New Jersey and the other in Kansas. Mrs. Cooper said she is opposed to the project. Council Member Heldenfels asked if the seven-year reversion clause for the golf course was included in the original contract, and Mr. Utter said it was. Mr. Heldenfels said he would not support this proposal because of that provision. A discussion ensued regarding the number of square feet required to be constructed in the outlet mall. Minutes Regular Council Meeting February 11, 1997 Page 4 Council Member Martin questioned the projected opening date of the outlet center of November 15, 1997. Mr. Utter replied that it is the developer's intention to be in business before Christmas. Mr. Martin also asked about the factory outlet percentage requirement. Mr. Utter and City Attorney Bray said that 80% of at least 70% of the tenants who pre -lease the first 150,000 square feet of retail space (56,000 square feet) must be "genuine" factory outlet stores. Mr. Martin asked what would trigger the ramp construction, and Mr. Utter said the mall would go under construction and the developer would give the city a certification that they have 70% of the 100,000 square feet leased. Mr. Utter also briefly reiterated the changes that were made to the proposed agreements. Mr. Martin asked what the contract called for regarding the R.V. park. Mr. Utter replied that the park must be constructed within a certain time after the golf course is constructed, or a penalty will be incurred. He added that one-half of the sales tax revenue from the outlet mall will be earmarked to pay for the new golf course, in addition to a $1 surcharge per round that will be charged at the three city golf courses (the surcharge will also be used for improvements at the existing two courses). Mr. Martin asked if the $300,000 that was fronted out of the golf course funds would be repaid, and Mr. Utter said it would be. Council Member McNichols asked about the cost of the ramp construction, and Mr. R.H. Shackelford, Director of Engineering Services, replied that it was $530,000. Dr. McNichols also asked if all of the city's funds that will be invested in this project will be recovered if the outlet mall is successful, and Mr. Utter said it would be. Council Member Best inquired about the design of the on and off ramps, which Mr. Malcolm Matthews, Director of Park and Recreation, described. In reply to Council Member Betty Jean Longoria, Mr. Utter said staff has selected a golf course design firm, but they will not begin working until the outlet mall is near completion since the monies will be needed from the mall's sales taxes. Mrs. Longoria said she was supportive of the project, adding that it will benefit the city. Mr. Heldenfels asked about the possibility of flooding at the northwest golf course, and Mr. Utter said that some flooding is expected. Mr. Matthews added that since the golf course property is fairly flat, it is anticipated that several lakes will have to be built, and the excavated material can be used to raise the fairways, greens and tees. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting February 11, 1997 Page 5 3.a. M97-030 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Infrastructure Agreement with Samberg/Corpus Christi, Inc., which was authorized by Motion No. M95-048 passed and approved by City Council on February 28, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels voting "No." 3.b. M97-031 Motion authorizing the City Manager, or his designee, to execute extension, renewal, and Amendment No. 2 through July 15, 1997 of the Real Estate Sales Contract with Garnett T. Brooks and Patsy A. Brooks, providing for the conveyance of approximately 180 acres roughly bounded by the Union Pacific Railroad, the Nueces River, and the Central Power and Light Company right-of-way, which is the southerly boundary of the tract being conveyed, to the City in consideration of the City installing water and wastewater lines to adjacent property owned by Mr. and Mrs. Brooks roughly bounded by Interstate Highway - 37, the Union Pacific Railroad, and the Nueces River. If the new golf course is not constructed within seven (7) years from the date of closing the property automatically reverts to Mr. and Mrs. Brooks, which Real Estate Sales Contract was authorized by Motion No. M95-046 passed and approved by City Council on February 28, 1995, and Extension No.1 thereof through June I, 1996 was authorized by Motion No. 95-273 passed and approved by City Council on September 26, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels voting "No." 3.c. M97-032 Motion authorizing the City Manager, or his designee, to execute extension, renewal, and Amendment No. 2 through July 15, 1997 of the Real Estate Sales Contract with Garnett T. Brooks, III and Laura Ann Brooks, Co -Trustees of the Brooks 1994 Family Trust, providing for the conveyance of a roadway right-of-way being approximately 60 feet wide by 950 feet long from approximately the intersection of Ripple Street and Sharpsburg Road across the Brooks 1994 Family Trust Property to the Central Power and Light Company right-of-way, which is the northerly boundary of the Brooks 1994 Family Trust Property, which Real Estate Sales Contract was authorized by Motion No. M95-047 passed and approved by City Council on February 28, 1995, and Extension No.1 thereof through June 1, 1996 which was authorized by Motion No. 95-274 passed and approved by City Council on September 26, 1995. Minutes Regular Council Meeting February 11, 1997 Page 6 The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels voting "No." 4. M97-033 Motion awarding an engineering services contract to Goldston Engineering, Inc. in the amount of $37,060 for the preparation of necessary construction documents related to the reconfiguration of two Interstate Highway -37 ramps providing access to the proposed Factory Outlet Center on property abutting Interstate Highway -37 between Sharpsburg Road and the Nueces River. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels voting "No." Mayor Rhodes said this project has been planned for a long time, and she was glad to see it approved. Mr. Samberg thanked the Council for their support. He said their plans are to have ground breaking for the outlet center between March 31st and April 15th of this year, and he expressed confidence that it will be completed in time for the Christmas shopping season. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, odor control at the Oso water reclamation plant. Mr. Shackelford said the proposed design is based on the extensive testing, analysis and neighborhood input obtained during the first phase of the project. He briefly described some of the improvements that will be made at the reclamation plant and within the collection system. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M97-034 Motion authorizing Amendment No. 1 to the engineering services contract with Naismith Engineering, Inc. in the amount of $64,500 to perform design and construction phase services associated with the Oso Water Reclamation Plant Odor Control Improvements Project. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting February 11, 1997 Page 7 * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, public law trust fund use. Mr. Jorge Garza, Assistant City Manager for Administrative Services, explained that the federal government deferred the city's payments to the Bureau of Reclamation for Choke Canyon for five years for a total of about $22.8 million. The condition was that the funds had to be used to acquire new water sources. Mr. Garza noted that a bond sale is scheduled for later this month, and three debt service payments will be made prior to the project's completion, which is anticipated to be in Spring 1998. Mr. Garza said staff is proposing to use a portion of the funds made available by the federal legislation, as well as about $7 million from the unreserved fund balance of the Combined Utility Fund for an amount not to exceed $11.1 million in order to make the first three interest payments on the bonds. He said this action would defer interest expense of about $13.6 million over the 30 - year bond period, as well as lessen the impact on customers of the pass-through cost for raw water. He added that the proposed resolution would authorize the City Manager, upon appropriation by the City Council, to pay the Nueces River Authority an amount not to exceed $11.1 million. Mayor Rhodes called for comments from the audience, and there were none. Council Member Martin asked if the amount being used from the unreserved fund balance of the Combined Utility Fund would be repaid, and Mr. Garza said it would be. Mr. Martin added that the Council had not yet made the decision to not charge customers for the cost of the new water pipeline until water actually began to flow through it. He said he thought the proposed resolution was a good recommendation. Council Member McNichols said the decision not to charge for the new pipeline until it is completed was made at a meeting some time ago when Mr. Juan Garza was still the City Manager. He said the people attending that meeting felt it was more fair not to pass the raw water costs to the customers until they began receiving the new water source. Dr. McNichols pointed out that the Combined Utility Fund will be protected because the money will be paid back with interest within two years. He said three alternate uses of the Public Law Fund which Mr. Garza mentioned were also acceptable but would be more expensive than the recommended approach. Council Member Heldenfels said he strongly objected to the water pipeline, and he expressed concern about taking money from the unreserved fund balance of the Combined Utility Fund. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting February 11, 1997 Page 8 6. RESOLUTION NO. 022837 Resolution authorizing and directing the City Manager, upon appropriation by the City Council, to pay to the Nueces River Authority an amount not to exceed $11,100,000, which amount has been made available by federal legislation deferring Choke Canyon payments, for use by the River Authority to pay project costs of the Lake Texana Pipeline Project and reduce the principal amount of bonds required to be issued for said project. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 7 concerning adoption of land use assumptions, capital improvements plan and impact fees for the Master Plan Drainage Channel No. 31 service area. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that in 1985 several land owners wanted to prepare an area located north of Yorktown and east of Staples Street for development. City officials and the participating owners agreed that the owners would pay for the construction of a drainage outfall, and the cost would be spread over the entire service area. The city would then collect the pro -rata cost as development occurred in that area and then reimburse the people who advanced the monies. The agreement provided that the pro -rata costs be calculated based on the acreage as well as the distance upstream from Oso Bay. Mr. Crull added that in 1987 the state of Texas enacted impact fee regulations, and development in the subject area greatly decreased; consequently, a need arose to revise the agreement and to follow the procedures outlined by the state law. He said the Planning Commission held a public hearing and a supplemental meeting to receive input from the public on the impact fees; however, none of the public attended the meetings and the Planning Commission voted unanimously to recommend this proposal. Mr. Crull noted that the basic difference between the original 1985 agreement and the impact fee provisions is that land use assumptions have to be incorporated into the impact fee provisions. Staff is using the land use assumptions that were previously approved by the Council and the Planning Commission for the Southside Area Development Plan. The capital improvements plan basically incorporates the improvements that are already in place. Council Member Heldenfels said that he would abstain from any discussion or action on this issue because his family was involved in building the ditch and they own property there. Minutes Regular Council Meeting February 11, 1997 Page 9 Mr. Larry Urban appeared representing the participating owners, and he said he would be available to answer any questions. No one appeared in opposition to the proposal. Council Member McNichols made a motion to close the public hearing, seconded by Mayor Rhodes, and passed unanimously by those present and voting. ************* Mayor Rhodes opened the public hearing on Item 8, closure of a portion of St. Peters Street right-of-way. No one appeared in opposition to the street closure. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 022838 Ordinance closing and abandoning an 0.026 acre (1,152 -square foot) portion of surplus St. Peters Street right-of-way out of the proposed Lot 70, Block 2, Highland Oaks Townhomes Unit 4; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 197-2, Collectibles Etc., Inc.: A change of zoning from an "B-1" Neighborhood Business District to a "B-4" General Business District on Mahan Acres, Block 1, Lot 14, located on the east side of Kostoryz Road, approximately 200 feet south of Mahan Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Minutes Regular Council Meeting February 11, 1997 Page 10 Responding to Council Member Martin, Mr. Utter referred to a map in the agenda packet, stating that there has been a gradual shift along Kostoryz Road to "B-4" General Business zoning. Mr. Martin asked why that whole portion of Kostoryz Road was not rezoned to `B-4." Mr. Brandol Harvey, Director of Planning and Development, said there were other areas of the city where a residential street became a collector street --and then an arterial street --resulting in a mix of residential, `B-1" and "B-4" zoning. He said that on Everhart Road and farther south on Kostoryz Road, the Planning Commission and the City Council have initiated a transition from residential to commercial zoning. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO 022839 Amending the Zoning Ordinance upon application by Collectibles Etc., Inc., by changing the Zoning Map in reference to Mahan Acres, Block 1, Lot 14 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, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 197-3, Rosemary M. Reed: A change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District on Northwest Estates Subdivision, Block 9, being 0.90 acre out of Lot 1, located along the north side of Farm to Market Road 624, approximately 410 feet west of Pinnacle Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022840 Amending the Zoning Ordinance upon application by Rosemary M. Reed. by changing the Minutes Regular Council Meeting February 11, 1997 Page 11 Zoning Map in reference to Northwest Estates Subdivision, Block 9, being 0.90 acre out of Lot 1, from "F -R" Farm -Rural 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, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. 197-4. John C. Tamez: A change of zoning from an "A-1" Apartment House District and a "B-1" Neighborhood Business District to an "R -1C" One -family Dwelling District on Weber's Glen Subdivision, Block 3, Lots 1A, 1B, and 2, located on the southwest corner of Aaron and Sun Valley Drives. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Best, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022841 Amending the Zoning Ordinance upon application by John C. Tamez, by changing the Zoning Map in reference to Weber's Glen Subdivision, Block 3, Lots 1A, 1B, and 2 from "A -I" Apartment House District and "B-1" Neighborhood Business District to "R -1C" One - family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. ********** * ** Mayor Rhodes opened the public hearing on the following zoning case: 12. Case No. 197-5. Sonrisa Partners. Inc.; A change of zoning from an "A-2" Apartment House District to a "B -2A" Barrier Island Business District on Padre Island No. 1, Block 1, Lots Minutes Regular Council Meeting February 11, 1997 Page 12 1B, 2B, 3B, 4B, and 5B, located along the east side of Ambrosia Street, approximately 55 feet north of Marina Drive. Mayor Rhodes said the Planning Commission and staff recommended denial of the requested "B -2A" District, and in lieu thereof, approval of a Special Permit for parking area associated with the adjacent retail center subject to a site plan and seven (7) conditions. She asked if the applicant had agreed to the conditions, and Mr. Utter said the applicant had. No one appeared in opposition to the zoning change. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Best, and passed unanimously. Mr. Utter said it was staff's understanding that the original deed restrictions would prohibit this type of development; however, the city does not enforce deed restrictions. He said it is up to the property owners in a particular area to do so. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 022842 Amending the Zoning Ordinance upon application by Sonrisa Partners, Inc., by granting a Special Council Permit for parking area associated with the adjacent retail center subject to a site plan and seven (7) conditions on Padre Island No. 1, Block 1, Lots 1B, 2B, 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, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Responding to Council Member Martin, Mr. Utter said staff tries to work with the property owners associations in such zoning cases, and the Padre Isles Property Owners Association indicated its support of this application. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 13. a A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Hopper Addition Unit 2, Block 8, Lots 17A, and 17B, located on the northeast comer of South Staples and Doddridge Streets. Mayor Rhodes said the Planning Commission and staff recommended approval. She then Minutes Regular Council Meeting February 11, 1997 Page 13 called for comments from the audience. Mrs. Dorothy Spann, 502 Del Mar, said that while she was visiting in the neighborhood of the subject property, a number of residents expressed concern about the proposal to build an automotive service and repair facility there. She asked if there would be any excess property once the facility was built, and Mr. Utter said the private property on that lot would all be developed. Mr. Utter explained that the area being proposed for rezoning includes the existing Walgreen's store, which has frontage on both Staples and Doddridge; the lot for the auto repair facility fronts on Staples. Mrs. Spann asked what uses would be allowed in "B-4" zoning. Mr. Harvey replied that "B- 4" allows all of the uses permitted in "B-1" zoning, as well as larger retail uses. In addition, taverns and bars are allowed in "B-3" and `B-4." Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Council Member Martin asked the name of the developer, and Mr. Utter replied that it is Mr. John Peacock/PPI Doddridge Ltd. Mr. Martin said he thought the city had sold the subject property to Walgreen's. Mr. Utter explained that the city sold the property to Mr. Peacock, who is developing a number of properties for Walgreen's. He added that when the property was brought forward, it included two lots, with the principal use for a Walgreen's store and another smaller lot. Mr. Martin commented that he was surprised there was no opposition to this zoning change because there had been opposition to the city's plan to move the fire station. At that point in the meeting, Mr. Utter said he had just been informed that the property owner had prepared a deed restriction on the property to the public to prevent any bar, tavern or lounge being built on the property. Mr. Martin asked why both pieces of property were being proposed for rezoning, and Mr. Utter replied that Walgreen's wanted to erect a larger sign there, which would require "B-4" zoning. Responding to Council Member Black, Mr. Harvey said that a piece of property on the southwest corner of the intersection of South Staples Street and Weber Road was rezoned in December 1996 from `B-1" to "B-4" for use as an oil change facility. Mrs. Black asked if staff had studied that intersection for traffic congestion concems, and Mr. Harvey said staff was investigating that intersection and all of the arterial intersections along Staples Street. Mrs. Black said she was not in favor of rezoning the subject property at this time until concerns about traffic congestion could be addressed. Mr. Harvey replied that from a zoning Minutes Regular Council Meeting February 11, 1997 Page 14 perspective, property located next to two intersecting arterials carrying at least 37,000 vehicles would be appropriately zoned for general commercial uses, rather than on property located farther away from the intersections. Council Member Best said he agreed with Mr. Martin's comments, saying he thought the only use for the subject property would be a Walgreen's store. He also questioned the proposal to place a larger sign at the Walgreen's. Mr. Utter stated that about two-thirds of the property is being used by the Walgreen's store, and the owner is trying to find another use for the rest of it. He said it was never staffs intention to give the impression that the only use for that property would be a Walgreen's. Responding to a question from Dr. Best, Mr. Utter said staff sent 35 notices to the property owners within a 200 -foot radius, of which two were returned in favor of the zoning application, and none were returned in opposition. Council Member Heldenfels said he had had the same impression as Dr. Best, but since the auto repair facility fronted on Staples Street, he did not think it was an inappropriate use. He said he was concerned about the size increase of the Walgreen's sign. Mr. Martin asked how many driveways the auto repair facility would have, and Mr. Harvey replied that it would have one. A brief discussion ensued. Mr. Martin then asked if a Jiffy -Lube could be built on the subject property using a special permit, and Mr. Harvey said it could, but the signage would have to fall within the `B-1" allowance for signs. Council Member McNichols asked if people could drive around the back of the subject property into the area used by the fire trucks, and Mr. Harvey said staff could restrict movement on the city -owned property. Mr. Chip Bonner, a Corpus Christi attorney representing Peacock Properties, said that when his client acquired the subject property, it was platted into two lots. He said they received a conveyance from the city for those lots (17A and 17B), with the intention of building Walgreen's on Lot 17A and 17B would be developed as another tract of land. Mr. Bonner added that the current sign only illustrates the daily specials that are advertised but it does not carry the store's name; the company wants to erect a slightly larger sign to include their name. He noted that the subject property is located at the intersection of two major arterials and `B-4" zoning, which other properties at that intersection are zoned, would not be an encroachment into the neighborhood. He said his client met with some of the neighbors, who had expressed concern about the construction of a bar, lounge or tavern. He said in response, they Minutes Regular Council Meeting February 11, 1997 Page 15 prepared a deed restriction to that effect which was agreed to by the attorney representing the neighbors. Dr. Best asked Mr. Bonner if his client would be willing to accept a special permit for the Walgreen's sign and for the Jiffy -Lube store. Mr. Utter explained that the Council could grant a special permit for the Jiffy -Lube but not the signage because the ordinance does not allow that. He added that the deed restriction previously mentioned was only valid for 10 years. A brief discussion ensued concerning contractual zoning. Responding to a question from Mr. Heldenfels, Mr. Bonner said that before Peacock Properties actually closed on the purchase of this property from the city, the property was replatted into two lots, as previously discussed. In reply to Mrs. Black, Mr. Utter said Hamlin Shopping Center across the street from the subject property had signage that was only allowable under "B-4" zoning, which it had. Mr. Martin suggested that staff consider creating a special permit that would allow for increased signage for a business, such as with a national chain having standardized signage, without having to rezone the business's property. Mr. Harvey explained that when the sign allowance was deleted through the special permit process, a conditional sign permit process was created that the Planning Commission hears. He said the criteria to allow an increase of signage under that approach does have some finding requirements, which are different from a normal orientation. Mr. Martin said he thought the Council should hear those requests. Mayor Rhodes asked why Mr. Bonner's client only agreed to a 10 -year deed restriction against building a bar in that location, and Mr. Bonner said they would agree to a permanent deed restriction. The Mayor added that she thought this was an appropriate location for "B-4" zoning. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 022843 Amending the Zoning Ordinance upon application by PPI Doddridge, Ltd., by changing the Zoning Map in reference to Hopper Addition Unit 2, Block 8, Lots 17A and 17B 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, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black voting "No." Minutes Regular Council Meeting February 11, 1997 Page 16 Mayor Rhodes opened the public hearing on Item 14: 14. Zoning Ordinance Text Amendment Relating to Mobile Homes. Proposed amendments to Articles 3, 7A, 25 and other related articles in regards to mobile homes. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the proposed amendment. Council Member Best made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. In response to Council Member McNichols, Mr. Harvey said there are a number of building sub -units that are available, and those that come under the H.U.D. code fall under the manufactured home category and would be restricted to the districts by the definition that the city has created. This would not address those that fall outside of the H.U.D. code categories. He added that it is a federal definition and the states are required to administer it. Dr. McNichols verified that this proposal targets what are thought of as mobile homes. City Secretary Chapa polled the Council for their votes as follows: FIRST READING ORDINANCE Amending the Corpus Christi Zoning Ordinance, by amending Article 3, Definitions, Article 4, General Provisions, Districts, and District Maps, Article 4A, "F -R" Farm -Rural District Regulations, Article 4B, "RE" Residential Estate District Regulations, Article 4C, "RA" One -family Dwelling District Regulations, Article 5, "R -1A" One -family Dwelling District Regulations, Article 7, "R-2" Multiple Dwelling District Regulations, Article 7A, "T -1A" Travel Trailer Park District Regulations, "T -1B" Mobile Home Park District, "T -1C" Mobile Home Subdivision District, Article 8, "A-1" Apartment House District Regulations, Article 8A, "A -1A" Apartment House District Regulations, Article 9, "A-2" Apartment House District Regulations, Article 10, "AT" Apartment -Tourist District Regulations, Article 11, "AB" Professional Office District Regulations, Article 14A, "BD" Corpus Christi Beach Design District, Article 15, "B-3" Business District Regulations, Article 16, "B-4" General Business District Regulations, Article 20, "I-2" Light Industrial District Regulations, Article 21, "I-3" Heavy Industrial District Regulations, Article 25, Special Permit Regulations, Article 26, Nonconforming Uses, Article 33, Permits, Plats and Filing Fees; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Black and Martin absent. Minutes Regular Council Meeting February 11, 1997 Page 17 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 15 through 22, and Council Members requested that Items 15, 16, and 17 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 18. ORDINANCE NO. 022844 Ordinance governing city elections in 1997, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. 19. ORDINANCE NO. 022845 Authorizing the City Manager, or his Designee, to execute a four-month lease beginning February 18, 1997 and ending at midnight on June 30, 1997, with Lady Lex Museum on the Bay Association for berthing the U.S.S. Lexington, operating a Museum, and related uses, in a portion of the submerged waters of Corpus Christi Bay, and on an adjacent portion of Corpus Christi Beach in consideration of $1 per year; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. 20. ORDINANCE NO. 022846 Granting to Metro Access Networks, 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 limited services within the city and future additions thereto. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. 21. ORDINANCE NO. 022847 Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section Minutes Regular Council Meeting February 11, 1997 Page 18 57-135, Fares --Amounts, to increase taxicab fares to $1.50 for the first one-fifth mile and thirty cents for each succeeding one-fifth mile; providing for severability; providing for publication; and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. 22. ORDINANCE NO. 02 848 Amending the Platting Ordinance, Section IV - Design Standards, Paragraph G, Parks and Playgrounds, Subparagraph 2, by providing that Park Dedication for Cape Summer Unit I, Cape Summer Unit II, and Commodore's Cove Unit II subdivisions shall be in accordance with Section IV - Design Standards and that acreage requirements for such subdivisions remains unchanged, all other park dedication requirements for Padre Island Investment Corporation property having been previously satisfied by Padre Island Investment Corporation and amending Section V - Required Improvements, Paragraph B, Minimum Standards, Subparagraph 5, Water Lines by providing that any property previously owned by Padre Island Investment Corporation as covered by the Water System Agreement between the City and Padre Island Investment Corporation previously authorized by ordinance, except Cape Summer Unit I, Cape Summer Unit II, and Commodore's Cove Unit II is exempt from the payment of lot/acreage fees such fees having been previously satisfied; providing that subdividers of property located in Cape Summer Unit I, Cape Summer Unit II, and Commodore's Cove Unit II subdivisions may pay an additional tap fee of $480.00 per one acre or smaller lot or for lots greater than one acre, $480.00 plus $1200.00 per acre per fraction of an acre in excess of one acre at time of water tap in lieu of the lot/acreage fees of Section V - Required Improvements; providing that such election to pay the additional tap fee in lieu of lot/acreage fees shall only apply to the replat or vacation and new plat of those certain subdivisions when such replat reduces the total demand on the water system and the number of lots in the area covered by the replat or new plat; providing that subdivider of Cape Summer Unit I, Cape Summer Unit II, and Commodore's Cove Unit II subdivisions shall pay the costs of installation of water lines without reimbursement from the water trust funds; providing for penalties; providing for publication; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, purchase of a window van. Minutes Regular Council Meeting February 11, 1997 Page 19 Responding to Council Member Best, Mr. Utter explained that the city is assisting the Texas State Aquarium in purchasing a window van with the city's purchasing power. Council Member Heldenfels said he thought that the city was buying the van and giving it to the aquarium. Mr. Bray said this purchase is out of the certificates of obligation that the Council previously approved for some of the improvements at the aquarium. Mr. Heldenfels reiterated that it is city money, and Mr. Bray said that it is, and part of the condition of that agreement was that when the aquarium bought some of this equipment, they would follow city bid processes. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M97-035 Motion approving the purchase of a window van in accordance with Bid Invitation No. BI - 0074 -97 from Padre Ford, Corpus Christi, on the basis of only bid of $16,602. The van is for the Texas State Aquarium. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 16, purchase of traffic signal components. In reply to Council Member John Longoria, Mr. Crull said that some of the components were replacements and some were to upgrade existing signals. Mr. Longoria said that the intersection of Old Brownsville Road and Horne Road previously had traffic lights and now it does not, and he asked staff to investigate that issue. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. M97-036 Motion approving the purchase of traffic signal components from Union Metal, Desoto, Tx, in accordance with Bid Invitation No. BI -0088-97 for a total of $32,590.00, based on low bid. These traffic signal components which include 12 masts, 8 Light extensions, 8 arm extensions and 12 arms will be used by Street Services. Funds are budgeted in FY 96-97 by Street Services. Minutes Regular Council Meeting February 11, 1997 Page 20 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 17, public art project sponsored by the Regional Transportation Authority (RTA). Council Member John Longoria asked if the art was already on display, and Mr. Matthews said that it was. He added that the process would require approval prior to the art being displayed, but because of the nature of the work and the involvement of the student artists, the RTA asked that the Council consider allowing the art to remain on permanent exhibit, as long as it does not require excessive maintenance. Mr. Longoria said he was not questioning the artwork itself, but rather the procedure of approving such artwork for display on public property. Mayor Rhodes and Council Member Betty Jean Longoria suggested that the students involved in the project be invited to a Council meeting to be recognized for their efforts. Council Member Heldenfels asked what materials were used for the artwork, and Mr. Matthews said he thought the art panels were mounted on galvanized metal. Council Member Black said she would like to see the artwork become permanent, and Mr. Matthews said the city could seal the art with exterior paint. Council Member Best noted that this art was a welcome contrast to graffiti, and Mr. Matthews pointed out that the students and the neighbors were actively involved in this project, which made a big difference in its success. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M97-037 Motion authorizing acceptance of murals, on public property, sponsored by the Regional Transportation Authority, located at Winnebago Street and Brownlee Boulevard, as part of the City's public art collection; and allowing for the removal of the artwork if it becomes unmaintainable in the future. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting February 11, 1997 Page 21 Mayor Rhodes called for the City Manager's report. Assistant City Manger Utter noted that last week City Manager Hennings had sent the Council a memorandum stating that staff recommended against the sale of alcohol on McGee Beach. If the Council wished, staff could place that item on a future Council agenda. He also reported a change in the lounge area of the Selena Auditorium. Items scheduled for the February 18, 1997 meeting include an update on the water pipeline project, and the recommendation on the lease/purchase of the EMS rescue/transport vehicles. On February 25th, a presentation by the Water Supply Task Force is scheduled on alternate water supplies, as well as authorization of the 1997 revenue bond issue. Mayor Rhodes called for Council concerns and reports. Council Member John Longoria asked whose responsibility it was to keep McGee Beach clean. Mr. Utter replied that the Park and Recreation Department was responsible for cleaning that beach; however, if debris floats into the water, the Marina Patrol picks it up. Mr. Longoria asked if lifeguards were stationed at McGee Beach, and Mr. Matthews said they were during the summer. Mr. Longoria commented about the clean condition of the beach in front of the Holiday Inn Emerald Beach. Mr. Matthews stated that staff cannot bring large cleaning equipment onto McGee Beach because of the seawall steps. Mr. Longoria also asked about the reconstruction of "M" Pier, and Mr. Utter said a contract has been awarded for that project. He added that if the contractor exceeds the construction deadlines, the city will seek liquidated damages. A brief discussion ensued. Mr. Longoria also requested an update on the status of the contract with the Lighthouse Restaurant. Council Member McNichols asked about the Flour Bluff/Padre Island entryway project, and Mr. Utter said it should be brought before the Council in the near future. Dr. McNichols said he had received complaints about the lack of availability of taxicabs, particularly at night. Mr. Crull said the jurisdiction for regulating the cabs now lies with the Police Department, but he said he thought that while the city regulated numbers of cabs, fees, and cleanliness and safety, he did not think it regulated hours of operation. Mr. Crull added that staff is in the process of completing a request for proposals to send out in order to replace the airport shuttle service. Dr. McNichols also requested copies of reports concerning the Packery Channel, and Mr. Utter said staff would provide them. Council Member Black also commented about trash on McGee Beach, and Mr. Matthews explained that county restitution workers do clean the beach on Saturdays and Sundays, and city staff cleans it on Wednesdays during the winter, and on Wednesdays during the summer for all debris, and for trash every day during the summer. Mrs. Black asked how the city was working with Mr. Robert Smith, Director of the Coastal Bend Roller Hockey Association, in his efforts to promote the sport of roller hockey in this area, particularly his request to use Memorial Coliseum at a reduced rate or for no charge. Mr. Utter replied that Mr. Smith had appealed to Mr. Hennings, who had allowed the use of the coliseum for no charge on a one -time -only basis. Staff is now offering Mr. Smith the use of the coliseum at the Minutes Regular Council Meeting February 11, 1997 Page 22 lowest cost available, which is the non-profit rate of about $1,200 per day plus security costs. Mr. Utter said that if the city allowed one group to use the coliseum for free, it would have to consider requests for free use from many other organizations. A discussion ensued. Mrs. Black said there have been complaints about the condition of the old Frost Brothers building (La Playa), and she and Dr. Best asked for an update on that project. Mr. Utter said the Fire Marshal and staff in the Building Inspection and Code Enforcement departments have investigated that situation and are in the process of taking appropriate action. He added that the developers of La Playa have informed city staff that their construction loan is moving forward, and staff has told them that the issue needs to be brought back to the Corpus Christi Community Improvement Corporation, which can take the building back at any time. He said they intend to make a report in two to four weeks. Dr. Best asked why the "M" pier was not being reconstructed with floating piers. Mr. Utter replied that the "M" pier has always been a fixed pier; it is staff's intention to eventually convert all of the marina slips to floating piers. Dr. Best asked about the Tower Theater's use by the YMCA, and Mr. Utter said that project was no longer viable. Dr. Best also asked about video of the recent Operation Clean Sweep demolition, and Mr. Utter said some video and several slides were shot of that activity. Dr. Best inquired if any part of Packery Channel is in the Corpus Christi city limits, and Mr. Utter said it is not. Dr. Best then invited the Council to attend a Region XI meeting of the Texas Municipal League on February 13th in Kingsville. Council Member Betty Jean Longoria announced that a Community Progress Partnership meeting would be held at Oveal Williams Senior Center on February 11th. She also asked about the lights at that center, and Mr. Utter said staff would provide a report. And she requested an update on the Northwest Senior Center construction and on the Packery Channel. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Robert Smith, 11002 Timbergrove, thanked city officials for allowing the roller hockey association to use Memorial Coliseum for no charge on one day (January 20, 1997). He urged the Council to consider letting his organization and other organizations use the coliseum for free in the future because it provides young people with a safe, fun place to participate in this sport, specifically during spring break in March. Responding to questions from Council members, Mr. Smith said he had already contacted or was planning to contact several people, including local businesses, Downtown Management District, Corpus Christi Independent School District, both of the local skating establishments, Buccaneer Commission, and others. Another brief discussion ensued. Minutes Regular Council Meeting February 11, 1997 Page 23 Mr. Leon Perez, 904 Buford, complained about the channels and service offered by TCI Cablevision of Texas. Mr. Buck Sosa, President of the local Firefighters Association, said representatives of the union had appeared before the Council seven times, and during some of those appearances they addressed what he said were manpower and equipment inequities in the Fire Department. He said they had made numerous presentations to the Community Progress Partnership (CPP) about their needs and to inform the public about their concerns. He said the union is committed to helping a half -cent sales tax receive approval by the voters (if the CPP proposes it to pay for the many projects which are currently being discussed). Mr. Shane Shobar, a member of the Firefighters Association, referred to a large map illustrating the location of the fire stations in Corpus Christi and their response areas as outlined under the ISO. He explained that the ISO has replaced the key rate as the grading criteria for establishing residential insurance premiums. He said the response area is 11/2 miles for an engine company and 21/2 miles for a ladder truck, and he noted that there are only two ladder trucks in Corpus Christi, both of which are located downtown. He said there are high buildings on Padre Island (condominiums and hotels) as well. Mr. Shobar said he contacted other cities' fire departments, and the state average is about 32,000 residents per medic unit; Corpus Christi has about 40,000 residents per medic unit. He added that additional stations, equipment, and staff are needed. Mr. John Brunner, 7129 Brookedge, said he was addressing the Council as a citizen as well as a concerned firefighter. He said he works at Station 3 as a driver of Engine 3 and will drive Rescue 3. He thanked the Council for the new rescue/transport vehicle, adding that it is a start. He described accidents which have occurred, and he discussed the need for additional equipment and personnel. Mayor Rhodes said she was glad to hear that the Firefighters Association would be willing to support a half -cent sales tax. Council Member Martin stated that under the ISO rating system on a national basis the most important things are a city's building codes, fire prevention inspectors, and water supply. He said that insurance rating systems are the worst method to make the argument that the firefighters just presented to the Council about the need for additional vehicles and manpower. Council Member Best said that the need for additional firefighters will be an issue in the upcoming Council elections, adding that one of the problems is the 68 cent tax cap. He said he thought the half -cent sales tax would be a benefit to public safety. Council Member Betty Jean Longoria urged the firefighters to continue speaking at the CPP meetings. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:20 p.m. on February 11, 1997. From: Rain Rodriguez To: SHARON, CYNTHIA, RUDY, ARMANDO Date: 2/14/97 1:24pm Subject: Future Programming Requests -Forwarded As of today, wotdd you please submit all programming request in writing to Jolm Bacon for his approval. Work on requests cannot be started until after Mr. Bacon's approval.