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HomeMy WebLinkAboutMinutes City Council - 07/29/1997I 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 July 29, 1997, which were approved by the City Council on August 12, 1997. WITNESSETH MY HAND AND SEAL, this 12th day of August, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 29, 1997 2 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Jaime L. Capelo Jr. Council Me hers: Melody Cooper Alex L. Garcia Jr. Arnold Gonzales Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by the Rev. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of July 22, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Barfield explained that he had a problem with his utility bill and was having difficulty getting the situation resolved. Mayor Neal said city staff would contact Mr. Barfield concerning his problem. Mr. Donald Suter, a homeless veteran, said the members of the homeless community believe they have a constitutional right to ask the general public for financial assistance. In addition, he said they have a deep sense of responsibility in conducting themselves appropriately in that endeavor. Mr. Byron Wooldridge, 6705 Deerwood, referred to a recent article in the Corpus Christi Caller -Times regarding a possible method to repair the Wesley Seale Dam, about which he raised Minutes Regular Council Meeting July 29, 1997 Page 2 several questions and concerns. Mr. Gary Gray, 202 Rosebud, said he was representing the Board of Trustees of the First United Methodist Church. He said they have some major concerns about the Gateway Project, in particular the flow of traffic in and around the church. He said they would like to be allowed to provide input into the plans for the Gateway Project as it affects the south intersection by their church. Mr. J.E. O'Brien, 4130 Pompano, commented on the city's budget, including the valuations. He said city officials' credibility is at an all-time low. Mr. Leon Perez, 904 Buford, criticized the Gateway Project. Mr. Jimmie Till, 1265 Southern Minerals Road, said some progress had been made in cleaning Leopard Street, but more work was needed. He also said the Gateway Project should be put to a vote. Mr. John Hartley, 3925 Sandy Hollow, said a detailed progress report was needed on the Lake Texana pipeline, as well as a report on the effluent diversion project. He also commented on the Wesley Seale Dam Oversight Committee and the poor condition of parks in the northwest area. Mr. R.F. Hasker, 1813 Wallace, responded to a statement made by Council Member John Longoria during a previous meeting about the many comments made by members of the Corpus Christi Taxpayers Association. Mr. Neal Trolinger, 337 Stages Dr., said he had sent a letter to the Mayor and Council members asking them to exercise their rights as set forth in the City Charter (Article III, Section 1) to remove the City Manager from his duties. He delineated the reasons why he thought the City Manager should be removed. Mr. Walter Newton, a retired boat captain, said any changes to the traffic patterns on Shoreline Boulevard would cause confusion and congestion. He also asked why the information concerning the heave at the Wesley Seale Dam was not made public when it was first discovered. Mr. Michael McCutcheon, 309 Del Mar Blvd., said he was bidding to host the Olympic sailing trials, which raises the need for a secure area on the L -Head for visiting boats. He said he was also involved in a proposal for a community sailing program. Ms. Laurie Cook said she was the temporary chair of the Temporary Board of the Corpus Christi Crime Control and Prevention District, which has held two meetings so far. She said they were scheduled to hold a public hearing with the Council on August 26, 1997, and would continue Minutes Regular Council Meeting July 29, 1997 Page 3 to meet to receive input and prepare their recommendations. ************* Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Community Youth Development Steering Committee Rose Mary Cortez (Reappointed) Christina Davila (Reappointed) Daniel Davila Jr. (Reappointed) Norma Hernandez (Reappointed) Jackie Martin (Reappointed) Oscar Martinez (Reappointed) Richard Medina (Reappointed) David Joe Moya (Reappointed) Terri Salas (Reappointed) Bernadine Cervantes Lisa Gonzales Xavier Perez Valerie Shurbet (Advisory) City Manager Hennings noted that the Community Youth Development Steering Committee would be considering grant applications at their next meeting, and he asked Mr. Malcolm Matthews, Director of Park and Recreation, to brief the Council. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, a presentation about the Gateway Project, Phase II, and plans to develop the bayfront area. Mr. Dusty Durrill, a local businessman and philanthropist, addressed the Council concerning an alternative development plan for the bayfront. He said there were three main areas where safety issues needed to be addressed: the area in front of Magee Beach; Memorial Coliseum, particularly during special events; and all along Shoreline Boulevard when people are trying to enter or exit their cars parked along the street. Mr. Juan Garza, a former City Manager as well as a local businessman, further described Mr. Durrill's concept for the alternative Gateway plan. He said when considering any development of the bayfront, it must be noted that people in Corpus Christi have a strong sense of ownership of the seawall, and they want to retain the ability to drive next to and have easy access to the seawall. He Minutes Regular Council Meeting July 29, 1997 Page 4 said their proposal is to convert the northbound lane of Shoreline to a marina parkway with two-way, 1 5 -mile -per -hour traffic lanes with parking on either sides of the roadway. In addition, he said they propose expanding the existing southbound lane of Shoreline into a five -lane roadway to accommodate faster -speed commuter traffic. Council Member Cooper asked how Mr. Durrill's proposal, which goes further than the original Phase II Gateway Project proposal, would be funded. Mr. Garza said they did not have concrete figures prepared because they were not sure how much funding would be available. Responding to another question from Mrs. Cooper, Mr. Garza said they believe that separating the leisurely traffic from the commuter traffic will greatly improve traffic flow, rather than decreasing capacity. Council Member Gonzales said he would support a plan that provides adequate safety and shade facilities and is more "people -friendly." Council Member McNichols also expressed concern about improving safety on Shoreline Boulevard. Council Member Garcia said the original Phase II proposal only included plans to develop part of Shoreline Boulevard, which he said in essence only considers half of the community He said he agreed with Dr. Gonzales that more rest areas with shading were needed, as well as more green spaces. Council Member Betty Jean Longoria said she was supportive of the original Phase II proposal, and she expressed concern about traffic congestion that would result in the parkway area if Mr. Durrill's proposal is adopted. She added that additional restroom facilities were needed and she discussed the advantages of developing a park on the north end of Shoreline, as well as future development that could occur there. Mr. Garza commented that most of the businesses are located on the south end of Shoreline and the idea is to retain people in that area. Council Member Martin said he did not think that two weeks would be sufficient time to evaluate both Mr. Durrill's and the city's proposals, adding that two months may be more realistic. He suggested that staff let the Planning Commission or another appropriate entity review the plans as well. Mr. Martin added that the Council first needed to deal with the Community Progress Partnership and the Crime Control and Prevention District. Council Member John Longoria said that Mr. Garza had originally recommended the Phase II Gateway Project proposal when he served as the City Manager, and now he was supporting a different proposal. Mr. Garza replied that he originally believed the Phase II proposal to be a sound one, and he said the Downtown Management District worked hard to receive input from other boards and entities. However, he said that upon further inspection, he felt that proposal was not broad Minutes Regular Council Meeting July 29, 1997 Page 5 enough in its concept to plan for future development along Shoreline. Mr. Longoria said he was concerned that Mr. Durrill's proposal would promote cars cruising through the marina parkway, particularly gang members. He said that while Mr. Durrill's proposal has merit, he felt the original Phase II proposal succeeds in creating a park next to the seawall that is safe from traffic. Mr. Longoria added that additional lighting was needed along both sides of the seawall. Dr. Gonzales said he agreed that more time was needed to study the proposals, adding that it was important for the Council to give direction to the Planning Commission as they seek input on the plan. Council Member Capelo said he was interested in people's opinions about the development of Shoreline Boulevard. Mrs. Longoria agreed that more time was needed to discuss this issue; she added that if there are plans to develop the islands between the traffic lanes that safety is a primary factor. Mayor Neal said the Council first needed to complete Phase I of the Gateway Project, including determining how the remaining funds would be used to landscape that section. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, a presentation by the Greater Corpus Christi Business Alliance on contracts with the City of Corpus Christi. Mr. Alex Harris, Chairman of the Alliance, said the Alliance has been a great leadership organization and has made many contributions to this community. He cited the efforts of many of the Alliance's leaders, including Council Member Alex Garcia, Mark Scott, Bill Pruett, Laurie Cook, Ruben Bonilla, and Mike Terrell. Mr, Harris also pointed out some of the Alliance's accomplishments, such as an increase in conventions booked in Corpus Christi, and support of tourist attractions like the Lexington Museum on the Bay and the Columbus Fleet. Mr. Harris also apologized to City Manager Hennings for a delay in providing information that he had requested from the Alliance as directed by some Council members. He pledged that in the future those requests will be honored in a timely manner. Mr. Keith Arnold, CEO of the Alliance, discussed the Convention and Visitors Department, pointing out that the Alliance spends over half of its budget in the solicitation of tourists, advertising and promotional programs. He said the Council was provided with copies of the Alliance's FY 1997-98 budget, which was approved that morning by the full Board of Directors. He said the Convention and Visitors Department consists of 17 full-time and approximately 40 part-time staff Minutes Regular Council Meeting July 29, 1997 Page 6 members, as well as 55 volunteers. Mr. Arnold noted that the department operates three information centers around the city and a Web site out of their office, and they produce several hundred thousand pieces of promotional materials. He also went on to describe other projects and efforts of the Convention and Visitors Department. Mr. Amando Soto, Alliance Business Development Director, discussed the agency's economic development efforts, which include business recruitment, retention and expansion. He said the Business Development Department's goal is to create 5,000 jobs in a five-year period, of which 2,500 have already been created. Some of the companies which have recently arrived or are expanding include health services; teleservices providers (including First Data, APAC and Sitel); Qualitech Steel; and Ferguson Plumbing and Cintas. In addition, the Alliance worked to bring ice hockey to Corpus Christi. Mr. Soto noted that the military's regional presence is one of the Alliance's top priorities, which he briefly discussed. He said the Alliance is working to develop a long-term regional economic development plan. Council Member Capelo said he thought it would be beneficial for the Council to hear a more indepth presentation of the Alliance's budget in the near future. Council Member Gonzales said he wanted to ensure that the money that the Alliance receives from the city is spent wisely and properly. He recommended that in the future the Alliance submit its budget to the Council sooner so that the Council can review it before they approve the city's budget. Responding to Dr. Gonzales' concern about communication between the Alliance and the Council, Mr. Harris said the Alliance's board agreed that a member of the Alliance staff would be present at every Council meeting. In reply to Council Member John Longoria, Mr. Harris explained that the Alliance is creating a cash reserve for the Columbus Fleet and they will work with that organization's board to eventually eliminate the Alliance's financial obligation to them. Mr. Longoria asked staff of the Alliance and the city to consider the possibility of the Hispanic Chamber of Commerce receiving funds from the Alliance through a contract for services. Council Member McNichols said the public should be assured that there has never been a question of the Alliance's accountability and how it conducts business. Dr. Gonzales said he would like information about the positions held at the Alliance by minorities and women. Council Member Martin referred to Mr. Trolinger's letter to the Council concerning Mr. Hennings' performance as City Manager. Mr. Martin refuted Mr. Trolinger's statements, such as his claims of violations of the consulting services agreement between the city and the Alliance and the Texas Civil Tax Code with regard to the hotel/motel occupancy tax. Mr. Martin also emphasized Minutes Regular Council Meeting July 29, 1997 Page 7 that, contrary to Mr. Trolinger's claims, the Council adopted a balanced budget last week as required by the City Charter. Mr. Martin said the Council also approved a loan from the unreserved fund balance of the Combined Utilities Fund to the Self -Insurance Fund, not a transfer of funds. He said Mr. Trolinger's charges were ludicrous and false, and referring to Mr. Trolinger's statement that "failing to act immediately may result in citizens filing appropriate action under Article X, Section 3, of the City Charter," Mr. Martin said he would personally pay for Mr. Trolinger's filing costs. Mr. Garcia and Mrs. Longoria commented positively on partnering with the Hispanic Chamber of Commerce. City Manager Hennings clarified that when the Council adopted the city's FY 1997-98 budget last week, the ordinance also approved the resubmittal of the Alliance's prior year budget. He said that since the Council just received the Alliance's new FY 1997-98 budget, at the next regular Council meeting he will bring a recommendation to adopt the Alliance's new budget in lieu of the Alliance budget the Council adopted last week. Mayor Neal commented on the importance of receiving the Alliance's budget in a timely manner, and Mr. Harris said that he and Alliance staff met with Mr. Joe Fulton, the Alliance's Chairman -Elect, to ensure that that is done, Mr. Capelo said it was important that the Council be as informed as possible about the Alliance's operations through improved communications among the City Council, city staff and Alliance staff. Mayor Neal suggested that city staff give a presentation next week, following the discussion of the Community Progress Partnership, about the staffs original Gateway Phase II proposal. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, study of the old Nueces County courthouse. City Manager Hennings pointed out that last month the Corpus Christi Industrial Development Corporation provided a $50,000 grant to the city to fund an architectural study in order to determine the feasibility of restoring the old Nueces County courthouse for use. If the study points out that it is not feasible to restore the building, it is hoped that the Texas Historical Commission will agree to rescind the historic easement that currently prevents the demolition of the property until 2018. Mr. Hennings said that part of that action is the appointment of an advisory committee. Mayor Neal asked if any city funds have been used to study the possible use of the old courthouse. Mr. Brandol Harvey, Director of Planning and Development, said that to his knowledge Minutes Regular Council Meeting July 29, 1997 Page 8 there has been no engineering or architectural study funded by the city for the courthouse. Mayor Neal asked staff to research that issue. Council Member Capelo said he had not yet made a recommendation to the ad hoc committee, and City Secretary Chapa said he had received only one name thus far. Mayor Neal stated that the Council could vote on Item 5.a. first and then consider postponing Item 5.b. Council Member Martin pointed out that this study was important because the Texas Historical Commission had agreed to participate in it. Mayor Neal called for comments from the audience. Mr. R.F. Masker commented on the continuing deterioration of the old courthouse. Mr. Jimmie Till said it was important that the study be professionally conducted. Mr. Martin said the recommendation is to hire an outside architectural firm that has expertise in this area but no prior history or bias with the building; in addition, the committee members appointed by the Council should also not have any pro or con record of opinion on the courthouse. City Secretary Chapa polled the Council for their votes on Item 5.a. as follows: 5.a. ORDINANCE NO. 023001 Ordinance accepting a fifty -thousand dollar ($50,000) grant from the Corpus Christi Industrial Development Corporation for a study of the Old Nueces County Courthouse; authorizing the appropriation of fifty thousand dollars ($50,000) in the No. 162 Federal/State Grants Fund for such study of the Courthouse; establishing an objective Ad Hoc Advisory Committee of the City of Corpus Christi to assist in determining the feasibility of restoring the Old Nueces County Courthouse. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo, Garcia, and J. Longoria absent. Council Member Gonzales made a motion to postpone Item 5.b. for two weeks, seconded by Council Member Betty Jean Longoria, and passed unanimously by those present and voting. 5.b. POSTPONED Coim..itte. . Minutes Regular Council Meeting July 29, 1997 Page 9 Mayor Neal stated that Item 6 was being withdrawn at his request. 6. WITHDRAWN thc No. 111 Lust Fund, a,,,e,tdi..g Ordinance No. 022643 which adopt.,d thc FY 96 97 Budget by—addn,g $471,304.11 to thc Con.Lined Utility Sy Acta Fund; appioft :atii.g 96 97 Budgct by adding $471,304.11 fret.. the Ce i.ba.cd Utility System Fund to th„ Ne. 111 Seawall Parking Lot Acquisition Tru3t Account No. 111 243.91, appropriating $171,304.11 Texas foi thc purehas., price of $450,000 plus aeeiut,c1 int.,rest at 8% f eia D,,ee„tbei 29, .. or \ . -.. i . •• .. ., Cash-Payi.,eifts, Not.,s, and Deeds of Trust. ************* Mayor Neal opened discussion on Item 7, grant applications to the Coastal Management Program. Mr. Hennings said one grant would be to construct a parking lot adjacent to the Padre Island seawall, and the other would be for an extension of the Blucher Park property, which is popular for birding activities. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO, 023002 Resolution endorsing two city grant applications to the Coastal Management Program for improvement projects consistent with the Corpus Christi Coastal Management Plan; and authorizing the City Manager or his designee to submit the City's two grant applications. The foregoing resolution passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and J. Longoria absent. ************* Minutes Regular Council Meeting July 29, 1997 Page 10 Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. ************* Mayor Neal reconvened the regular Council meeting and opened the public hearing on the following zoning case: 9. Case No. 697-7. Fred & Tish Roy: A change of zoning from a "R -1B" One -family Dwelling District to an "AB" Professional Office District on Sherwood Park Unit 2, Block 11, Lot 1, located on the southeast corner of Linden Street and Weber Road. City Secretary Chapa said the Planning Commission and staff recommended denial of the "AB" District and, in lieu thereof, approval of a Special Permit for an office subject to six (6) conditions. Mr. Harvey described the zoning case and showed a video to illustrate it. Council Member Garcia asked if the Council was setting a precedent with this action. Mr. Harvey replied that they were actually following a precedent in that they are proposing the use of controlled special permits to allow limited uses immediately adjacent to commercial before it becomes residential. He added that the applicant would have to meet the parking ordinance requirements for a professional office use. Mayor Neal called for comments from the audience. Mr. Fred Roy, the applicant, stated that he agreed with the special permit. Council Member Martin made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023003 Amending the Zoning Ordinance upon application by Fred and Tish Roy, by granting a Special Council Permit for an office subject to six (6) conditions on Sherwood Park Unit 2, Block 11, Lot 1; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting July 29, 1997 Page 11 * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 697-8. Mystic Point Apartments: A change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "R-2" Multiple Dwelling District on Glen Arbor Unit 3, Block 1, Lot IA, located on the south side of Curtis Clark Road, approximately 750 feet east of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended approval. He noted that Council Member Martin had filed a disclosure affidavit and would abstain from discussing or voting on this item. Mr. Harvey said this zoning change is being requested in order to accommodate approximately 196 proposed apartment units. This same property was the subject of a rezoning request about a year ago for a higher -density, multiple family zoning, which the City Council denied. Mr. Harvey said this particular property does not easily lend itself to single-family development. He said Curtis Clark Drive is planned to continue to the east and north to connect with Williams Drive, but that street extension was not yet in place. Mr. Harvey said that since the subject property is in close proximity to Staples Street, city staff and the Planning Commission felt that the slight increase in traffic that would be generated by a multi -family unit at this location can be accommodated by the existing street system, and is not cause to warrant the denial of the multi -family zoning being proposed. Responding to Council Member McNichols, Mr. Harvey acknowledged that the residential subdivision to the south has flooding problems due to the design of its own stormwater system, and staff will ensure that the subject property will be developed so as to drain to the north, thereby not contributing additional run-off to the adjacent neighborhood. Mr. Harvey added that this proposal follows the recommended zoning transitioning from commercial, to multi -family to single-family zoning. In reply to Council Member Garcia, Mr. Harvey discussed the amount of traffic that would likely be generated by the proposed apartment complex, adding that a house generates more vehicle trips per day than an apartment does. A brief discussion ensued. Mayor Neal called for comments from the audience. Mr. Ruben Bonilla, an attorney representing Piscerne Development, introduced Mr. Don Paxton, who described Piscerne Development and discussed the company's plans for the subject property. Mr. Bonilla also addressed concerns about drainage, saying this development should Minutes Regular Council Meeting July 29, 1997 Page 12 enhance the area. Mr. Abel Alonzo said that a percentage of the development company's apartments will be accessible to persons with disabilities. Ms. Minerva Garcia, 5722 Bonner, discussed drainage and density in the area and she expressed concern about how the proposed apartment complex would affect that. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, further described how the apartment complex would be developed to drain to the north away from the adjacent subdivision. Council Member Capelo questioned the types of public notices that had been sent out. Mr. Harvey replied that first-class mail notices were sent to the registered property owners within 200 feet of the subject property, and signs were posted on the property. Mr. Garcia continued to express concern about emergency access to the subject property. Mr. Harvey explained, pointing out that Curtis Clark Drive is not considered a cul-de-sac but rather a half -street, of which the other half has yet to be constructed. He added that as a requirement of the multi -family project, there will be a higher volume of water flow to fight fires; in addition, a fire suppression system will probably be required inside the units themselves. Mr. Harvey also discussed ADA requirements. Ms. Terri Reese, 4938 Wexford, stated that traffic is very bad in that area, as is flooding in the neighborhood adjacent to the subject property. Council Member Garcia 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: 10. ORDINANCE NO. 023004 Amending the Zoning Ordinance upon application by Mystic Point Apartments, by changing the zoning map in reference to Glen Arbor Unit 3, Block 1, Lot IA from "R -1B" One -family Dwelling District and "B-4" General Business District to "R-2" Multiple Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin abstaining. Minutes Regular Council Meeting July 29, 1997 Page 13 ****-********* Mayor Neal opened the public hearing on the following zoning case: 11. Case No. 697-10 Alamo Body & Paint: A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District on Bent Tree Unit 2, Block 6, Lot 3C, located along the north side of Saratoga Boulevard and along the east side of Cimarron Boulevard. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for a paint and body shop subject to the site plan and eight (8) conditions. He noted that Council Member Martin had filed a disclosure affidavit and would abstain from discussing or voting on this item. Mr. Harvey noted that under the current `B-4" zoning, an automobile sales operation would be allowed, which could also include exactly the same type of business being proposed; however, since the subject business is not associated with a sales operation, under the city's ordinance it would require the industrial zoning. He said that at the Planning Commission meeting, it was determined that if a special permit could be designed that specifically laid out the conditions, the business could be accommodated at this location and it was no more onerous than many other "B-4" uses that would be allowed as a matter of right. Mr. Harvey then showed a video of the subject property and surrounding properties. Responding to Council Member Cooper, Mr. Harvey said that a site plan would be a condition of the special permit, and the only use that would be allowed other than the basic "B-4" uses is an automobile paint and body shop and its accessory uses. He said all work must be performed inside an enclosed building, and a salvage yard and salvage -type operations are explicitly prohibited. In addition, a masonry screening fence at least seven feet high will be located around the entire operation, and landscaping will be required outside the screening fence and inside the property. He also described the other conditions of the proposed special permit. In reply to another question from Mrs. Cooper, Mr. Harvey said if the property owner violates the conditions of the special permit, they would be in violation of the zoning ordinance and ultimately their certificate of occupancy could be revoked. If a citizen questioned whether the business was living up to the conditions, they could call the city's Code Enforcement Department. Council Member John Longoria asked if the applicant had agreed to the conditions, and Mr. Harvey said he had. Mayor Neal called for comments from the audience. Mrs. Lupita Beste, 3234 Kensington, said the homes in her neighborhood (Brighton Village) Minutes Regular Council Meeting July 29, 1997 Page 14 are valued in excess of $90,000. She said that as a real estate broker and nearby property owner, she was very concerned about how the proposed business would affect the property values in the area. Council Member Betty Jean Longoria said she felt the applicant had more than met the requirements to be located on that property. Council Member Garcia questioned the location of the Bent Tree subdivision in relation to the subject property, which Mr. Harvey explained. He added that Corpus Christi goes beyond the state requirements with regard to zoning notifications, and they do so regardless of the valuations of the homes in any particular area. He said he believed that both the Bent Tree and Brighton Village homeowners associations were contacted about this zoning request as a courtesy, even though the city was not required to contact them since they were not located within the 200 feet notification area. A brief discussion ensued. Mr. Wayne Baker, the applicant, explained that he currently owns three locations in San Antonio, which is the third largest collision repair facility in the country (with about $16 million a year worth of business). He said his most recently completed facility is in the City of Hollywood Park and is adjacent to homes worth about $250,000. Mr. Baker said he understands the residents' concerns about noise and smells, which he emphasized are well controlled in his facility due to the modern techniques utilized. Responding to Council Member Gonzales, Mr. Harvey said the property across the street to the south is vacant, commercially zoned property. In reply to a question from Council Member Capelo, Mr. Harvey said that at the time the property was annexed, it was zoned commercial. Mr. Garcia asked what development might follow on the surrounding properties. He said he would expect it to be retail commercial businesses that depend heavily on high traffic volumes. Mr. Garcia reiterated the issue of notification, to which Mr. Harvey responded. In reply to Council Member McNichols, Mr. Harvey described other instances in which businesses located in commercial zoning fairly close to neighborhoods had received special permits for limited industrial uses. Mr. Jim Beste, 3234 Kensington, said he felt that exceptions to existing zoning regulations were a breach of confidence between tax payers and the government that controls the regulations. He also questioned why this property had to be used for this purpose. Mr. Baker responded to Mr. and Mrs. Beste's comments concerning how his business operates, its proposed location, and its successful operation in other locations. Mr. Bill Ferguson, of Ferguson, Beene & Evans Real Estate (the listing brokers on the Minutes Regular Council Meeting July 29, 1997 Page 15 property) said he also was initially concerned about locating a paint and body shop there. However, he said he no longer feels that way, adding that a one -acre piece of adjacent property has been put under contract for a 4,000 -square foot office building for doctors' offices. Mr. Ron Foster, 6337 Kristen, said he did the initial architectural work for this project, and following a visit to one of Mr. Baker's San Antonio facilities, he was very impressed with its operation and cleanliness. He added that as a property owner living near the subject property, he did not feel that the proposed business would detract from the value of his property. Mr. Russ Ellis, the owner of the subject property, said he was also very impressed with Mr. Baker's San Antonio facility. He said they eventually plan to locate a McDonald's restaurant next to the subject property. He urged the Council to issue the special permit. Mr. Ed Ciccone, an attorney, said his corporation owns the 100 acres of property at the corner of Saratoga and Airline. He gave several reasons why he felt the special permit should be approved. Mr. Robert Anthony, 4318 O'Dell, said he maintains a Corpus Christi residence and he works for Alamo Body and Paint. He emphasized that his company specifically targets the insurance industry's work, and his company's emissions are regulated by the Texas Natural Resource Conservation Commission. He added that they are a consumer -based retail outlet that needs exposure and are not an industrial business. Mr. Ramey Beene, a partner in Ferguson, Beene & Evans, said that of the notices that were sent out, only two people appeared at the meeting in opposition to the zoning request while several people appeared in support of it. Council Member Garcia 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: 11. ORDINANCE NO. 023005 Amending the Zoning Ordinance upon application by Alamo Body and Paint, by granting a Special Council Permit for paint and body shop subject to a site plan and eight (8) conditions on Bent Tree Unit 2, Block 6, Lot 3C; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper voting "No"; Martin abstaining. Minutes Regular Council Meeting July 29, 1997 Page 16 ************* Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 12 through 23, and Council Members requested that no items be withheld for discussion, nor were there any comments from the audience. City Secretary Chapa said that Council Member Garcia would be abstaining from discussing or voting on Items 16.a. and 16.b. Mr. Chapa then polled the Council for their votes and the following were passed: 12. M97-21€ Motion approving the purchase of twenty submersible sewage pumps in accordance with Bid Invitation No. BI -0191-97, from Process Engineered Equipment Company (PEECO), Corpus Christi, for the total amount of $73,500, based on best bid. The pumps will be used by the Wastewater Services Department, and are budgeted in the 1996-97 Capital Outlay. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13. M97-217 Motion awarding a contract in the amount of $130,748.61 to Nuway International, Inc. for restroom improvements at Oso Beach Municipal Golf Course and Gabe Lozano Municipal Golf Course. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14. M97-218 Motion authorizing the City Manager or his designee to execute a contract in the amount of $27,633.88 with Applied Earth Sciences, Inc. for the J.C. Elliott Landfill - Supplemental Gas Extraction Wells project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, -Martin, McNichols, and Neal voting "Aye." 15. M97-219 Motion authorizing the City Manager or his designee to execute a contract in the amount of $50,545 with Quality Machine & Equipment Company for the Stormwater Pump Station "A": Pump No. 3 Discharge Valve Replacement project. Minutes Regular Council Meeting July 29, 1997 Page 17 The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16.a. M97-220 Motion authorizing the City Manager to execute all documents necessary to accept and implement the FY 97 Consolidated Annual Action Plan for Community Planning and Development Programs that include the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and Home Investment Partnership (HOME) programs. The foregoing motion passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia abstaining. 16.b. ORDINANCE NO. 023006 Ordinance appropriating $7,677,000 for Community Planning and Development Program projects/activities that includes 1)$5,988,000 for FY 97 Community Development Block Grant (CDBG) projects; 2)$133,000 for FY 97 Emergency Shelter Grants (ESG) activities; and, 3)$1,556,000 for FY 97 Home Investment Partnerships (HOME) Program to the Federal/State Grant Fund No. 162 for projects/activities approved by the City Council on May 13, 1997. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia abstaining. 17.a. M97-221 Motion approving the application by the Harley -Owners Group for the temporary closing of Chaparral Street between John Sartain Street and Starr Street between 1:30 p.m. on Friday, September 5, 1997 and 2:00 a.m. September 6, 1997 associated with the Texas State Harley - Owners Group Rally in Corpus Christi. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17.b. ORDINANCE NO. 023007 Ordinance removing the liability insurance requirement of Code of Ordinances, City of Corpus Christi Chapter 49 - Streets and Sidewalks, Article I, Division 2, Temporary Closure of Streets, Section 49-17 - Conditions and Requirements for Permit, related to the temporary Minutes Regular Council Meeting July 29, 1997 Page 18 closing of Chaparral Street between John Sartain Street and Starr Street on September 5 and 6, 1997 for the Texas Harley -Owners Group Rally. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 18. ORDINANCE NO. 023008 Ordinance closing and abandoning a 54,364 -square foot portion of a 45 -foot wide drainage easement located in Lots 5 & 6, Section 20, Flour Bluff & Encinal Farms & Garden Tracts in consideration of dedication of streets and utility easements in the replatting process; subject to compliance with the specified conditions and the owner, A J Construction, Inc., replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, to adopt the 1996 National Electric Code, with minor alterations to the City of Corpus Christi Electric Code and to make miscellaneous amendments to the administrative chapter of the City of Corpus Christi Technical Construction Codes; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20. ORDINANCE NO. 023009 Approval of ordinance amending Ordinance No. 3658, as amended, Subsections 251 through 257, revising Classification Schedules, as reflected in Exhibit A; approval of ordinance amending Ordinance No, 8127, Section 510, as amended, to reflect housekeeping revisions to the Managerial Group Pay Plan for FY 97-98 and adjustments of salary range maximums of certain managerial classifications, as reflected in Exhibit B; approval of ordinance amending Ordinance 8127, as amended, Section 501, to provide for equitable adjustments to the maximum of the salary range in Salary Schedule A for Grades 8 through 12 as reflected in Exhibit C, providing for severance. Minutes Regular Council Meeting July 29, 1997 Page 19 The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 21. ORDINANCE NO. 023010 Authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.a. ORDINANCE NO 023011 Amending the Code of Ordinances, City of Corpus Christi Section 53-106 Oversized Vehicles, by increasing the processing fee from $75 to $80. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.b. ORDINANCE NO. 023012 Amending the Manual of Driveway Design and Construction Standards adopted in the Code of Ordinances, City of Corpus Christi Section 49-40 by increasing the driveway permit application fee from $40 to $45. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.c. ORDINANCE NO 023013 Amending the Code of Ordinances, City of Corpus Christi, Section 6-10 - Licensing, by increasing the annual license fee for each dog or cat not spayed or neutered from $8 to $10 effective September 1, 1997; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting July 29, 1997 Page 20 22.d. ORDINANCE NO, 023014 Amending the Code of Ordinances, City of Corpus Christi, Section 19-33 - Issuance; Fee, by increasing fees for health permits for food service and food processing establishments effective September 1, 1997; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.e. ORDINANCE NO 023015 Amending the Code of Ordinances, City of Corpus Christi Chapter 53 - Traffic, Section 53- 195 - Procedures for Occupancy of Public Right -of -Way (covering of parking meters and rendering of curb space unusable) and establishing charges during construction or repair of buildings, by increasing fees specified in Subsections (1), (2), (3), and (6); and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.f. ORDINANCE NO. 023016 Amending the Corpus Christi Zoning Ordinance Article 7, "T -1A" Travel Trailer Park, "T - 1B" Mobile Home Park District and "T -1C Mobile Home Subdivision District Regulations, Article 25, Special Permit Regulations, Article 28, "PUD" Planned Unit Development, Section 28-5, Procedure and Article 33, Permits, Plats, and Filing Fees, Section 33-1, Permits and Section 33-3, Filing Fees, by adding processing fees for screening fence exceptions for travel trailer parks, mobile home parks and mobile home subdivisions, and for time extensions for special permits and by increasing pud processing fees, conditional sign permit fees, filing fees for zoning district classification changes, and fence exception fees; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.g. ORDINANCE NO 023017 Amending the Platting Ordinance, Section III, Procedure, Section V, Required Improvements, Section VII, Variances, and Section XIII, Appeal, by adding processing fees for plat time extensions, variances and appeals and by increasing application fees, and water and sewer lines determination of exemption fees; and providing for severance. Minutes Regular Council Meeting July 29, 1997 Page 21 The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.h. ORDINANCE NO. 023018 Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, to recodify and increase the technical Construction Code fee schedules; providing for severance; providing an effective date of August 1, 1997; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.i. ORDINANCE NO. 023019 Amending Chapter 18, Fire Prevention Code, Article I, General, Chapter 4, Permits and Certificates, Section 403, Permit Fees, of the City Code of Ordinances by increasing existing fees in the Corpus Christi Fire Department Fire Prevention Permit Fee Schedule; repealing all previous provisions of Section 403; providing a savings clause; and providing an effective date of August 1, 1997. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.j. ORDINANCE NO. 023020 Amending the City Code of Ordinances Chapter 35, Oil and Gas Well Division to Increase Fees in the Following Sections: 35-82, Application for Permit Required, Fee; Section 35-87, Permits for Production Structures or Facilities in Marine Areas and on State Tracts (7); and Section 35-88, Seismic Surveys, to increase the permit fees for drilling oil and gas wells; Section 35-117, Annual Well Inspections, Fee; and providing for severance; and providing for an effective date of August 1, 1997. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.k. ORDINANCE NO. 023021 Amending the City Code of Ordinances Chapter 12, Boats, Bays, and Waterways, to delete fees from Section 12-61, Rates and Rental Fees for Use of Slips and Dock Space --Schedule and Regulations and change the section to Definitions and Regulations; providing for Minutes Regular Council Meeting July 29, 1997 Page 22 severance; and providing for an effective date of August 1, 1997. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.1. ORDINANCE NO. 023022 Amending the Code of Ordinances, Chapter 53, Traffic, Section 53-153, Court Costs, by increasing the assessed court costs on each parking violation to be used for the School Crossing Guard program from $1.00 to $5.00; providing for severance; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin voting "No." 23. ORDINANCE NO. 023023 Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, Permit for Ground Transportation Operations, by revising the method of calculating fees and adding new fees; providing for an effective date of February 1, 1998; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding collective bargaining with the Corpus Christi Firefighters Association. The Council went into closed session. The Council returned from closed session. ********** * ** Mayor Neal called for the City Manager's report. Mr. Hennings said there would be a special Council meeting beginning at noon to discuss the Community Progress Partnership and the Gateway Project, Phase II. On August 12, 1997 there will be a luncheon meeting with the Port industries at City Hall. Mr. Hennings added the Conquest Airlines had gone out of business, and he referred to a roadway project on the Kennedy Causeway. He also distributed signed copies of the appraisal roll Minutes Regular Council Meeting July 29, 1997 Page 23 from the Appraisal District. In his report, Mayor Neal said the Crime Control and Prevention District is of interest to many other cities, and they will be watching how Corpus Christi handles it. He said information about security at the Lollapalooza music festival this weekend needed to be announced. Mayor Neal called for Council concerns and reports. Council Member Gonzales referred to a news release issued by Mr. Rey Madrigal of the Corpus Christi Coffee Club, to which Mr. Bray briefly replied and a discussion ensued. Mr. Gonzales then read a letter from Mr. Madrigal in which he said that a member of the Cable Communications Commission was disrespectful toward him, and Mr. Madrigal asked for that member's resignation from the commission. Dr. Gonzales asked staff to investigate the situation, and a discussion ensued about written and tape-recorded records of meetings. Council Member John Longoria suggested that a pre-printed tag could be left at residents' water meters to indicate that they had been read. Council Member Betty Jean Longoria discussed the condition of Leopard Street, and she requested a report on renovations at the neighborhood center in Tract 16. Council Member Garcia briefly addressed the following items: permits for the sale of spray paint; non-profit organizations that have a federal tax lien filed against them and the city's responsibility when those organizations receive CDBG funds; reports on successful and unsuccessful bidders; emergency exits for public safety purposes; and zoning notifications. Dr. Gonzales suggested that the schools could adopt areas of the city to keep clean. Mayor Neal replied that Beautify Corpus Christi is preparing a city-wide plan that they will bring to the Council. Council Member Martin pointed out that a small percentage of water meters are not read each month for various reasons, such as cars parked over the water meters, etc. He said that due to winter averaging, all the meters do get read frequently. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:50 p.m. on July 29, 1997. * * * * * * * * * * * * *