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HomeMy WebLinkAboutMinutes City Council - 09/19/2000I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of September 19, 2000, which were approved by the City Council on September 26, 2000. WITNESSETH MY HAND AND SEAL, this 26th day of September, 2000. SEAL Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 19, 2000 2:06 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Javier D. Colmenero Henry Garrett Dr. Arnold Gonzales* Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. Assistant City Attorney Jay Reining City Secretary Armando Chapa Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member John Longoria, following which the Pledge of Allegiance to the United States flag 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 workshop and regular Council meeting of September 12, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Nueces County Community Action Agency Mayor Loyd Neal Betty Jean Longoria John Longoria * ** Mayor Neal called for petitions from the audience. Human Relations Commission Dr. Stewart Elovitz Mr. Mike Baker, 4641 Gayle Circle, said Heritage Park is deteriorating because of a lack of funds. He encouraged the Council to take the tour to see for themselves. He also raised questions about the rehabilitation project on the Wesley Seale Dam, including its completion date and the use of the contingency funds. Mayor Neal said they would be glad to give Mr. Baker a copy of the quarterly report prepared by Freese & Nichols and recently presented to the Council. Regarding Minutes - Regular Council Meeting September 19, 2000 Page 2 Heritage Park, City Manager Garcia stated that a new restaurant opened there last weekend by a locally acclaimed chef. Mr. Garcia said many services were cut from the budget of the Park and Recreation Department, including the tours at Heritage Park. Mr. Leon Perez, 904 Buford, said there is plenty of talking going on about issues in the city but nothing is being accomplished. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, said their Executive Board passed a resolution supporting the upcoming bond issue and sales tax initiatives. He said this bond issue is a public safety issue, pointing out that even though 100% of all ad valorem tax revenues go to support the city's public safety efforts, more needs to be done. Mr. Roy Martinez, 1440 Dahlia, said he is opposed to the 1/8th cent sales taxes for the seawall and the arena and they should be withdrawn from the ballot. He said he does support the 1/8th cent sales tax for economic development as well as the proposed public safety, park and recreation, and museum improvements. *Council Member Gonzales arrived at 2:25 p.m. Mr. Jimmie Till, 6034 Lost Creek, said the seawall is one of the best things to ever happen to Corpus Christi, citing downtown flooding prior to its construction. He said he supports the bond election because it will help Corpus Christi to grow and he supports the dredging of Packery Channel. He asked if people will be able to walk on and fish from the Packery Channel jetties if that project is approved by the Corps of Engineers. Mayor Neal said they will be able to. Mr. Jack Gordy, 310 Norton St., said citizens do not trust the Council and city staff because they proceed with certain projects even after the public has rejected them, such as Packery Channel. He said the Council is also not ensuring that city ordinances are enforced. Mr. R.F. Hasker, 1813 Wallace, said that members of the Taxpayers Association have been called the "loyal opposition" and "obstructionists," and he said the local newspaper prints biased articles. He also referred to a televised debate between Mayor Neal and Mr. Joe O'Brien, who represented the Taxpayers Association. Mr. Hasker said Mr. O'Brien frequently quoted from city documents to support his viewpoint, but the Council challenged that information. The Mayor stated that during their debate Mr. O'Brien quoted from past issues of the Corpus Christi Caller -Times. Mr. Abel Alonzo, 1701 Thames, acknowledged the presence of Texas A&M University - Corpus Christi students. He said it is because of young people like them that he continues to support efforts to move Corpus Christi forward. Mr. Alonzo said Mr. O'Brien frequently quotes inaccurate data and is more interested in being in the public eye than caring about the community. Ms. Jane Stubbs, 742 Kings Point, said she had a vision of having the best seafood house in Corpus Christi and worked hard toward that goal. However, the city is now proceeding with plans for seafood kiosks on the T -Head. She said she feels deceived and betrayed by the course of events. Minutes - Regular Council Meeting September 19, 2000 Page 3 Mayor Neal called for consideration of the consent agenda (Items 3-17). Council members and audience members requested that Items 15 and 17 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2000-327 Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-00-3 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $93,331.83 based on the recommended award submitted by the Coastal Bend Council of Governments. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY00-01. Sysco Food Service San Antonio. TX 81 Items $38,697.38 Sam Hausman Meats Corpus Christi. TX 2 Items $3,533.30 LaBatt Food Service Corpus Christi. TX 95 Items $27,280.27 Lance, Inc. Charlotte. NC 1 Item $269.43 Ben E. Keith PFG San Antonio. TX Corpus Christi. TX 40 Items 8 Items $12,085.30 $3,695.37 Alliant Food Service Grand Corpus Christi. TX Total: $93,331.83 30 Items $7,770.78 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2000-328 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-00-5 for paper goods, for an estimated twelve month expenditure of $37,737.62 based on the recommended award submitted by the Coastal Bend Council of Governments. The term of the contracts shall be for twelve months with an option to extend for up to twelve additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY00-01. Alliant Food Service Corpus Christi. TX $20,074.05 Gulf Coast Paper Co. Corpus Christi. TX $13,087.70 Sysco Food Service San Antonio. TX $1,675.27 Ben E. Keith San Antonio. TX $2,702.94 LaBatt Food Service Corpus Christi TX $197.66 Grand Total: $37,737.62 Minutes - Regular Council Meeting September 19, 2000 Page 4 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M2000-329 Motion approving a supply agreement with Queen City Services, Mercedes, Texas for linen and towel service to be used by the Fire Department, Library, and Health Department in accordance with Bid Invitation No. BI -0174-00 based on low bid for an estimated annual expenditure of $17,837. The service will provide the using departments with the rental and weekly delivery of sheets, pillow cases and towels. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments for FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M2000-330 Motion approving the purchase of one truck mounted asphalt distributor from Cooper Equipment Company, San Antonio, Texas in accordance with Bid Invitation No. BI -0124-00, based on low bid for a total amount of $117,808. The asphalt distributor will be used by the Street Department. Funds have been budgeted by the Street Department in FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M2000-331 Motion authorizing the City Manager or his designee to award Change Order No. 5 to the construction contract with Mehne Construction, Inc. for a total fee not to exceed $44,000 for parking improvements at the Southeast Senior Citizens Center. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M2000-332 Motion authorizing the acquisition of Parcel 19 out of the Artemus Roberts Subdivision located west of McKinzie Road between Haven Drive and State Highway 44 and Parcels 24, 28, 29, and 30 out of the Rowena Shaeffer Subdivision located between McKinzie Road and Rand Morgan Road north of State Highway 44 from the owner D H Braman, et al for $55,000 in connection with the Southside Water Transmission Main project - O.N. Stevens Plant to Clarkwood Road project. Minutes - Regular Council Meeting September 19, 2000 Page 5 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. RESOLUTION NO. 024213 Resolution authorizing the condemnation proceedings by the City to condemn a utility easement containing .776 acre and a temporary construction easement containing 2.028 acres out of Shares 3 and 4 of the John Harney Partition, to construct a water transmission main in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road Project and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. RESOLUTION NO. 024214 Resolution authorizing the City Manager or his designee to submit an application to Texas Parks and Wildlife for Community Outdoor Outreach Program (Co -Op) Grant Funds in the amount of $30,000 to increase outdoor opportunities for youths and minorities. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. ORDINANCE NO. 024215 Ordinance amending Ordinance No. 023433 passed and approved by Council on September 8, 1998 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on the following Southmoreland Addition Street Improvements, Phase II streets: a) Naples Street - Blevins Street to Richards Street; b) Lewis Street - Blevins Street to Richards Street; c) Blevins Street - Ayers Street to Naples Street; and d) Richards Street - Ayers Street to Naples Street. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.a. M2000-333 Motion authorizing the City Manager or his designee to accept a library technology grant in the amount of $161,800 and to execute grant acceptance documents with the Telecommunications Infrastructure Fund Board for the period of October 2, 2000 to December 31, 2001. The funds will be used to purchase personal computers and related equipment and services at all branches of the Corpus Christi Public Libraries. Minutes - Regular Council Meeting September 19, 2000 Page 6 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. ORDINANCE NO. 024216 Ordinance appropriating $161,800 from the Telecommunications Infrastructure Fund Board in the No. 1050 Federal/State Grants Fund for telecommunications infrastructure improvements at the Corpus Christi Public Libraries. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.c. M2000-334 Motion authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. in an amount not to exceed $18,000. These funds will be used to match $161,800 in grant funds from the Telecommunications Infrastructure Fund Board. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.d. ORDINANCE NO. 024217 Ordinance appropriating $18,000 from the Corpus Christi Public Library Foundation Inc. in the No. 1050 Federal/State Grants Fund as matching funds for the Telecommunications Infrastructure Fund Board LB6 grant. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.a. M2000-335 Motion authorizing the City Manager or his designee to execute a $29,927 grant agreement with Coastal Bend Council of Governments for a pilot program to determine the most effective manner to increase awareness and participation in recycling. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. ORDINANCE NO. 024218 Ordinance appropriating $29,927 from the Coastal Bend Council of Governments in the No. Minutes - Regular Council Meeting September 19, 2000 Page 7 1050 FederaUState Grants Fund for a pilot program to determine the most effective manner to increase awareness and participation in recycling. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.c. M2000-336 Motion authorizing the City Manager or his designee to execute a $20,173.35 grant agreement from the Coastal Bend Council of Governments fund for purchase of a truck for the Solid Waste Compliance Office. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.d. ORDINANCE NO. 024219 Ordinance appropriating $20,173.35 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for purchase of a truck for the Solid Waste Compliance Office. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.e. M2000-337 Motion authorizing the City Manager or his designee to execute a $11,000 grant agreement with the Coastal Bend Council of Governments for purchase and distribution of three issues of a newsletter for children within the five school districts to promote recycling, household hazardous waste, solid waste reduction, and composting programs. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.f. ORDINANCE NO. 024220 Ordinance appropriating $11,000 from the Coastal Bend Council of Governments in the No. 1050 FederaUState Grants Fund for purchase and distribution of three issues of a newsletter for children within the five school districts to promote recycling, household hazardous waste, solid waste reduction, and composting programs. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Minutes - Regular Council Meeting September 19, 2000 Page 8 Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.g. M2000-338 Motion authorizing the City Manager or his designee to execute a $2,173.35 grant agreement with the Coastal Bend Council of Governments for the purchase of "STOP TRASHING CORPUS CHRISTI" caps to acknowledge clean-up volunteers. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.h. ORDINANCE NO. 024221 Ordinance appropriating $2,173.35 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the purchase of "STOP TRASHING CORPUS CHRISTI" caps to acknowledge clean-up volunteers. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.i. M2000-339 Motion authorizing the City Manager or his designee to execute a $14,025 grant agreement with the Coastal Bend Council of Governments to develop and broadcast Public Service Announcements for public awareness and participation in the Household Hazardous Waste Management Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.j. ORDINANCE NO. 024222 Ordinance appropriating $14,025 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for public service announcements to increase awareness and participation in the Household Hazardous Waste Management Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14. RESOLUTION NO. 024223 Resolution authorizing the City Manager or his designee to execute a one year Memorandum Minutes - Regular Council Meeting September 19, 2000 Page 9 of Interim Agreement with Texas A & M University - Corpus Christi to share resources and expertise and to cooperate on submitting grant applications for library services. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16. ORDINANCE NO. 024225 Ordinance amending Section 1 of Ordinance No. 024202, finally passed on September 12, 2000, by clarifying language in Subsection (A) of Section 33-104 of Article VI. Graffiti Control, City Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions; providing for an effective date. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 15, building inspections. Assistant City Manager Tom Utter said this resolution petitions the Texas State Board of Insurance to approve and appoint the city's local building inspectors as "qualified" inspectors under the state windstorm code. He said the local inspectors pass the same qualifying exams as those hired by the state. He said this would abolish the need for duplicate inspections, make the system more efficient, and provide additional information to consumers. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 024224 Resolution of the City Council of the City of Corpus Christi petitioning the Texas State Board of Insurance to approve and appoint inspectors employed by the City of Corpus Christi as qualified inspectors, because of their training or experience, to perform building inspections for the Texas State Board of Insurance. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 17, "no wake" zone in Packery Channel. He called for public comment. Ms. Wendy Foster, 14334 Playa del Rey, said a "no wake" zone would protect private property and would help prevent accidental injury to the watercraft operator and other water way users, such as swimmers and fishermen. She asked the Council to support this proposal. Minutes - Regular Council Meeting September 19, 2000 Page 10 Mr. Jack Gordy said that according to the ordinance, the citizens would be responsible for paying for and putting up the signs and he questioned the enforcement of it. Mr. Jay Reining, First Assistant City Attorney, said portions of this ordinance were modeled after an ordinance governing the Padre Isles area, where the homeowners association was responsible for posting the signs since they were the ones who wanted the no -wake restrictions. Responding to Council Member Gonzales, Mr. Reining said the signs will have to be approved by the Park and Recreation Director and will have to be adequately visible to vessels. Council Member Scott said this is similar to residents paying for speed humps in their neighborhood. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 024226 Amending the City Code of Ordinances, City of Corpus Christi, Chapter 12, Boats, Bays and Waterways, Article 1, in general, Section 12-32, No Wake Zones, by adding provisions establishing a No Wake Zone on the entire width of Packery Channel adjoining the residential developments fronting Packery Channel; providing for severance; providing for an effective date The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 18. Case No. 0700-03. C II Holli„.: A change of zoning from an "R -1B" One -family Dwelling District to a `B-1" Neighborhood Business District on Lott Tract V, being .60 acre out of a 26.32 acre tract, located on the northwest comer of Hayward Drive and South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office District. He said the 20% rule was in effect for this zoning case. Mr. Michael Gunning, Director of Planning and Development, said the applicant was requesting the zoning change in order to construct a fast food restaurant (Golden Fried Chicken) with a drive-through window. He said the Planning Commission and staff felt that the "B-1" zoning would be incompatible with the well-established adjacent neighborhood. He said they recognized that the property does not lend itself to redevelopment for single-family use (which is why the property has remained vacant). However, they felt that rezoning it to "AB" might allow the property owner to develop it for professional office use, even though that would not accommodate the proposed use as a fast food restaurant. Minutes - Regular Council Meeting September 19, 2000 Page 11 Responding to Council Member John Longoria, Mr Gunning described the increase in traffic counts on Hayward Drive, and he noted that the neighbors were in favor of the "AB" zoning. In reply to Council Members Colmenero and Kinnison, Mr. Gunning said during the Planning Commission's public hearing on this case, it was tabled to allow the property owner to meet with the adjacent residents to try to find some common ground. That not being the case, staff recommended the "AB" zoning. He further discussed traffic volumes on Hayward Drive and noted that the residents were also concerned about trash, grease, and smells that would be generated by the restaurant. Mr. Kinnison asked if a three-story building could be constructed there under the "AB" zoning, and Mr. Gunning said it could, which he explained. Council Member Scott asked if traffic concerns were the main reason staff was recommending denial of the `B-1" zoning. Mr. Gunning said the traffic increase was not substantial enough to recommend denial; rather, he was focused on finding a way to protect the neighborhood. Mr. Scott said the city has rezoned property adjacent to residential units in his district so there is precedent to do this. Council Member Garrett asked if there had been a similar situation with a restaurant at the intersection of Alameda and Glazebrook. Mr. Gunning said there was, but at the time the city did not have a "B -1A" zoning district to rely on. He said he has received several complaints from the adjoining residences about that restaurant use. Mr. Garrett pointed out that there is a restaurant located in the retail center across Hayward Drive from the subject property, and the dry cleaners across Staples Street has a drive-through window. Mr. Gunning said the last time a rezoning was sought for this property was in 1998. Mayor Neal called for public comment. Mr. Clarence Clark, 1237 Ray Dr., said a traffic count indicated there were 809 cars per day on Hayward Drive when an average street carries 450 cars per day. He said the residents are concerned about the drive-through window for the proposed restaurant and the fact that the lot is set back into the neighborhood. He said they are also concerned about possible uses if the restaurant closes down, as well as decreased property values and increased traffic. Mr. Mark Hinojosa, 1117 Hayward, said that before he purchased his property he inquired about the zoning of the vacant lot, which currently has residential zoning. He said that during a National Night Out function, the whole neighborhood came out against the rezoning of the subject property to `B-1." Mr. Bob Edlin, 1118 Hayward, said he supports businesses but as an individual property owner he has rights too and he is opposed to this rezoning request. Mrs. L.D. Taylor, 3405 S. Staples, said she and her husband have owned Casa Linda Estates since 1958 and they have a lot of money invested in it. She said she is opposed to the fast food restaurant use because of the lingering smell of chicken, rodents, and traffic. Mr. Nick Poris, 3401 S. Staples, said they already have excessive traffic in that area. He asked the Council to either retain the residential zoning or rezone it to office use only. Minutes - Regular Council Meeting September 19, 2000 Page 12 Ms. Lucinda Beal, 3510 Cottonwood St., said the neighbors understand that the subject property will probably never develop with residential use; consequently, they would support rezoning to "AB." She reiterated the neighbors' concerns about the chicken smell, grease traps, excessive noise at late hours, and traffic. Mr. Gunning said the owner of the retail center located across Hayward Drive was originally opposed to the "B-1" zoning but he has changed his position to approval; the 20% rule still applies. Mr. Jim Maixner, 15481 SPID, the applicant, said the CEO of Golden Chick wrote a letter explaining how their businesses operate. He said they are not a destination point where people would be coming in from all over the city; rather, much of their business is generated from people driving by the restaurant. He also described the layout of the proposed restaurant, including access from Hayward, landscaping, and location of the drive-through window, the grease trap, and the dumpster. He said they want to work with the neighbors, including putting up money to pay for traffic humps if necessary. He said he needed `B-1" zoning to accommodate the drive-through window. Responding to Mr. Longoria, Mr. Gunning said that "AB" zoning allows for single- and multi -family uses, as well as professional offices, daycare centers, religious and non-profit facilities, boarding and rooming houses, clinics and hospitals, and hair salons; no retail sales are allowed. Mr. Maixner said that in response to the Planning Commission, he prepared a conceptual plan for the proposed 2,000 -square -foot restaurant. Mr. Gunning said the Council could vote to deny the "B-1" District and approve a special permit for a restaurant use subject to certain conditions. He said he would recommend rezoning the property to "AB" to at least allow for the "AB" signage uses. Mr. Kinnison asked if this case could be sent back to the Planning Commission, and Mr. Gunning said he would recommend that so the commission can look at the site plan. He said they previously did not have the opportunity to do that because Mr. Maixner did not want to go to that expense at the time. Mrs. Longoria said she was still concerned about the chicken smell. Ms. Beal asked the Council members to put themselves in the neighbors' place and consider whether they would want that restaurant next to their homes. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Colmenero said he did not think the case should be sent back to the Planning Commission. Mr. Chapa said the ordinance before the Council was to deny the "B-1" District and in lieu thereof to approve the "AB" District. Mr. Longoria made a motion to send this case back to the Planning Commission, seconded by Mr. Scott. Dr. Gonzales asked what would change by taking that action. Mr. Gunning replied that the commission would look at the site plan, including the location of the building, the dumpster, parking, driveways, hours of operation, lighting, landscaping, and other issues. He added that they cannot address the odor issue. Mr. Longoria said the case will still come back to the Council after the commission reviews it. Dr. Gonzales said the applicant had the opportunity to provide a site plan previously but he chose not to, and sending it back to the commission puts stress on the community Minutes - Regular Council Meeting September 19, 2000 Page 13 to continue fighting this case. Mr. Chapa polled the Council for their votes on Mr. Longoria's motion, and it failed to pass by the following vote: J. Longoria and Scott voting "Aye"; Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, and B. Longoria voting "No." Responding to Mr. Kinnison, Mr. Gunning briefly explained the 20% rule. Mr. Longoria pointed out that if this rezoning fails, the property owner cannot reapply for a zoning change for at least one year. Mr. Gunning said that was true, unless circumstances change and the applicant asks the Planning Commission to waive the waiting period. Mayor Neal asked if there was a motion to amend staff's recommendation of rezoning to "AB." No one made a motion to amend. Mr. Chapa polled the Council for their votes as follows: 18. FAILED map in rcfcrcncc to 0.60 acrc out of a 26.32 acre tract, Lott Tract V, from "R 1B" Onc -- `- -- -- Plan-to aceemtt-ferae.y deviations fetal. the txi0ting int The foregoing ordinance failed to pass by the following vote: Colmenero, Cooper, and Kinnison voting "Aye"; Neal, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "No." ************* Mayor Neal opened discussion on Item 23, refunding bonds. There were no comments from the Council or the audience. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 024231 Ordinance authorizing the issuance and sale of $43,925,000* City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000-A. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." (*Note: Mr. Jorge Cruz-Aedo, Director of Financial Services, presented information to the Council which stated that the actual amount of the bonds is $43,140,000 after the final calculations.) * * * * * * * * * * * * * Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting September 19, 2000 Page 14 19. Case No. 0800-04, Slim's Auto Sales & Slim's Pickens: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District on RA -Rose Industrial Sites, Block 3, Lot 1, located on the southwest corner of Agnes Street and South Navigation Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval of the "I-3" District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Garrett, and passed. Responding to Mrs. Longoria, Mr Gunning said "I-3" allows adult business uses (although there are restrictions regarding their location in relation to churches and parks), as well as heavy manufacturing, including outside storage and truck traffic. He explained that the applicant is currently in violation of the zoning ordinance because he is operating an auto salvage business and outside storage is not allowed in "I-2" zoning. He added that the "I-2" and "I-3" districts were amended several years ago to require full screening around the property to screen from public view and the view from adjacent properties. Mrs. Longoria and Dr Gonzales commented on the problems associated with inadequate screening. She said the Planning Commission should review that issue. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024227 Amending the Zoning Ordinance upon application by Slim's Auto Sales and Slim's Pickens by changing the zoning map in reference to Lot 1, Block 3, RA -Rose Industrial Sites, from "I-2" Light Industrial District to "I-3" Heavy Industrial District; amending the Comprehensive Plan to account form any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal,. Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. 0800-05, Al Landry, Jr.: A change of zoning from an "AB" Professional Office District to a "B-4" General Business District on Ocean View Addition, Park Block, Lots 17 and 18, located on the northwest corner of Elizabeth and Santa Fe Streets. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. Mr. Gunning said the proposed pharmacy is a permitted use under the "B-1" District and staff felt that the "B-4" District was not necessary. He said the applicant agreed to the "B-1" zoning. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the Minutes - Regular Council Meeting September 19, 2000 Page 15 public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes: 20. ORDINANCE NO. 024228 Amending the Zoning Ordinance upon application by Al Landry, Jr. by changing the zoning map in reference to Lots 17 and 18, Park Block, Ocean View, from "AB" Professional Office District to `B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. 0800-06, Taft Investment Trust A change of zoning from an "A-1" Apartment House District to a "B-3" Business District on South Park Subdivision, Block 2, Lot 44, located on the northwest corner of South Padre Island Drive and Kasper Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-3" Business District, and in lieu thereof, approval of a `B-1" Neighborhood Business District with a Special Permit for auto sales use subject to a site plan and eight (8) conditions. Mr. Gunning explained that the special permit would provide more protection for the adjoining residences behind the auto sales lot. He said the site plan would limit the property to the sale of no more than 13 autos and it also provides restrictions on lighting, speakers, and no access onto Kasper Street. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 024229 Amending the Zoning Ordinance upon application by Taft Investment Trust by changing the zoning map in reference to Lot 44, Block 2, South Park Subdivision, from "A-1" Apartment House District to "B-1" Neighborhood Business District and a Special Permit for an auto sales lot, subject to a site plan and eight (8) conditions; amending the Comprehensive Plan to account for any deviation from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting September 19, 2000 Page 16 Mrs. Longoria asked why landscaping is required along SPID and not necessarily along Agnes Street. Mr. Gunning said landscaping is required in any new area, whether it is new development or a change of use. He said since the landscaping requirements are the same for both the "B-1" and "B-3" districts, staff did not include them in the special permit language for this zoning case; however, the applicant will have to meet the ordinance's landscaping requirements. Mrs. Longoria said there are many properties, particularly on the west side, which have "grandfathered" uses as junk yards and they do not have landscaping requirements. She reiterated that that issue should be looked into. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, clean air rules. Mr. Ron Barnard, Clean Cities Coordinator, said the federal Clean Air Act requires that large urban areas, including cities the size of Corpus Christi, monitor ozone levels. He said there are two compliance monitors in the city --at the State School and at Tuloso-Midway--which are operated by the Texas Natural Resource Conservation Commission (TNRCC). Mr. Barnard explained the formation of the Air Quality Committee and the Flexible Attainment Region Agreement, which the city entered into with the EPA and the TNRCC. He also explained the nature of ozone and efforts that have been taken to decrease air pollution. Mr. Barnard said the TNRCC proposed a package of 16 rules (known as the State Implementation Plan) designed to bring the eight -county Houston -Galveston area into compliance with air quality standards by 2007. Five of those rules include either the whole state of Texas or the East/Central Texas area, which includes Nueces and San Patricio counties. He said the members of the Air Quality Committee do not feel the science used in the development of those rules justifies including Nueces and San Patricio counties. Mr. Barnard said the TNRCC will have a hearing on the proposed plan on September 25, 2000, in Corpus Christi, at which time the Air Quality Committee will file the proposed resolution below. Mr. Barnard also responded to Council members' questions. Mayor Neal thanked the committee members for their efforts and he emphasized the importance of maintaining clean air in Corpus Christi. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 22. RESOLUTION NO, 024230 Resolution urging the Texas Natural Resource Conservation Commission to continue its support for flexible attainment region memorandum of agreement for Nueces and San Patricio Counties and opposing the application of portions of the "Houston -Galveston Clean Air Rules and Plans" to Nueces and San Patricio Counties. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. Minutes - Regular Council Meeting September 19, 2000 Page 17 Mayor Neal opened discussion on Item 24, beach renourishment. Mr. Utter said the area to be renourished extends from the U.S.S. Lexington Museum on the Bay to the rock groin on the north end. Mr. Utter gave a brief history of beach restoration there and he thanked Land Commissioner David Dewhurst and the General Land Office for their involvement in this project. Council Member Colmenero said this project and a wetlands project previously approved will greatly benefit that area. Council Member Scott asked when this project will be completed, and Mr. Utter said they estimate it will take 18 months. Mayor Neal also thanked Commissioner Dewhurst. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 24.a. M2000-340 Motion accepting and approving a project cooperation agreement, project description, and funding between the General Land Office and the City of Corpus Christi for Corpus Christi Bay beach nourishment. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. 24.b. ORDINANCE NO. 024232 Ordinance appropriating $1,300,000 from the General Land Office in the No. 1050 Federal/State Grants Fund for the renourishment of Corpus Christi Beach and construction of appropriate erosion control structures. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first was the quarterly update by the Convention and Visitors Bureau (CVB). Mr. Bill Pruet, Chairman of the CVB Board, noted that Ms. Char Beltran, CEO of the bureau, submitted her letter of resignation around the beginning of September and the board subsequently appointed Mr. Joey Jarreau, CVB Director of Sales and Marketing, as the acting CEO. Mr. Pruet said the board also voted to form a screening committee consisting of Berney Seal, Bert Quintanilla, Bill Morgan, Jim Snow, Linda Routh, and John Trice to begin the hiring process. He discussed the board's priorities in selecting a new CEO and he highlighted many of Ms. Beltran's accomplishments during her tenure at the CVB. Mr. Pruet also said that for the first time ever, the hotel/motel tax grew to over $5 million, and the state Department of Commerce estimates that tourism is an industry in Corpus Christi with an economic impact of over $600 million. Minutes - Regular Council Meeting September 19, 2000 Page 18 With regard to convention sales, Mr. Pruet provided the following statistics: 1.) convention center bookings: 1999-00 goal was 32, actual amount was 36, and 2000-01 goal is 39; 2.) room nights: 1999-00 goal was 118,500, actual was 89,600 (this reflects a change in reporting to discontinue counting "house" accounts), and 2000-01 goal is 120,000; 3.) leads generated: 1999-00 goal was 160, actual was 134 (shortage due to staff turnover), and 2000-01 goal is 200. Mr. Pruet also gave the figures for travel industry (leisure) sales, which includes tour operators and Visitor Center visitors and information requests fulfilled. Mr. Pruet said there are a number of initiatives in the planning stages, including the convention center expansion and renovation, multipurpose arena, Packery Channel development, Port of Corpus Christi cruise ship, airport expansion and renovation, a new CEO, and a bid on the American Bowling Congress convention in 2006. He said the CVB board and staff are committed to the continued growth of tourism with an increase in hotel/motel tax revenues and a resulting beneficial economic impact. * * * * * * * * * * * * * The next presentation was regarding the Corpus Christi Marina development plan and the outdoor seafood market proposal. Mr. Peter Davidson, Marina Superintendent, gave a computer presentation first about the marina development plan. He said many of the ideas contained in the plan came from the Long -Range Planning Committee of the Water/Shore Advisory Committee, as well as interested citizens and city staff members. He showed photographs of successful development projects in the cities of Kemah, Galveston, Aransas Pass and Port Aransas. Mr. Davidson said ideas for Corpus Christi's marina development plan include the creation of a Spanish Plaza on the south end of the marina with water toys; dry storage, a boat ramp, a work area extension and special events on the L -Head; green triangle areas with coffee stands and an artists' stand on the T -Heads; aerial high -mast lights on the land masses; Peoples Street T -Head seafood market, kids' sand dollar fountain and play area; seawall vendor sites; and a high-speed water taxi on the barge dock to connect the marina to Port Aransas. Mr. Davidson also discussed the idea of accommodating "mega -yachts" and the importance of developing the marina. Council Member Kinnison asked how that development plan can move forward, specifically whether the 1/8th cent sales tax for economic development can be used for any of those projects. Mr. Garcia said the 1/8th cent tax is supposed to be used for job development. He said if a major employer would be associated with one of those projects, they may be able to structure a plan that would be feasible. He said another possibility is to privatize aspects of the marina. Mr. Kinnison said he hopes staff will go out and pursue development opportunities, including public-private ventures. Council Member John Longoria said much of the examples Mr. Davidson showed of other cities involved private development, and he noted that they have been discussing ideas like these for many years but nothing has been done yet. Council Member Betty Jean Longoria agreed, saying that prime property is available on the bayfront. Minutes - Regular Council Meeting September 19, 2000 Page 19 The next part of Mr. Davidson's presentation was regarding an outdoor seafood market. He showed pictures of seafood markets in Galveston, Rockport, and Port Aransas. In Corpus Christi's marina, a boardwalk was constructed in 1994 on the north side of the People's Street T -Head where the slips are 18 -feet wide and 40- to 60 -feet long. Last November the shrimp boats were moved from the south side to the north side of the T -Head to take advantage of the boardwalk area. Mr. Davidson said staff is proposing constructing "casitas mariscos" (seafood booths) that would each be 12 -feet wide and 8 -feet deep that would be accessed from the back. He said the booths would be built to city code building specifications using the same timber as the docks and they would be colorfully painted with pictures of a variety of seafood available in the bay. Mr. Davidson said if the Council wished to proceed with plans for the casitas mariscos, staff would have to bring back amendments to the ordinances goveming seafood sales at the marina. If approved, the seafood booths could begin operation as early as January 2001. Mr. Alan Dinn, Chairman of the Water/Shore Advisory Committee, recognized two other committee members who were present, Mr. Frank Beck and Mr. Roy Pell. He said the committee voted in favor of the casitas mariscos proposal for several reasons, the first being that it would be safer to sell the seafood from booths on the boardwalk than from the back of the boats. He said the proposal would also put the onus of regulating the seafood sales on the County Health Department and the Parks and Wildlife Department. He said this is also an economic opportunity for commercial shrimpers and fishermen in the marina. Responding to Council Member Colmenero, Mr. Davidson said the Building Code Board of Appeals approved the proposed height of the casitas mariscos and staff could also request that the sun shelters on the south side of the T -Head be lowered to provide more shade. Council Member Garrett asked about the cost of the tall lights referred to by Mr. Davidson. He replied that the shorter light costs $45,000 and the taller one costs $65,000. Mr. Longoria said that during a previous discussion about a possible marina seafood market, there was much controversy about selling frozen versus fresh shrimp. Mr. Davidson noted that there are certain times during the year when shrimp are very limited in the bay, which is further impacted by fishing and shrimping regulations. He said it would be beneficial for a shrimper to go out and harvest shrimp in the gulf and then bring their fresh catch to the marina for sale. Mayor Neal asked if there was consensus among the Council members to direct staff to prepare the amendments to the ordinance so as to proceed with the development of the casitas mariscos. There was no objection from the Council members. The Mayor said he would also like the master plan for the Bayfront Arts and Sciences Park to include the development of the marina. Mr. Utter said staff was planning to bring the master plan (including the "footprint") just for the arts and sciences park to the Council next week. Mr. Garcia said plans for the development of the bayfront and marina area would need to include citizen input from various boards and committees. Mr. Utter said that morning staff received a drawing from the art museum that shows the property they want. A brief discussion ensued. Minutes - Regular Council Meeting September 19, 2000 Page 20 Mayor Neal asked about the issue of "live aboards" in the marina. Mr. Tony Cisneros, Director of Park and Recreation, said the city cannot allow live aboards at this time because the marina does not have the necessary infrastructure. He said the new boaters facility was constructed as part of the new bait stand project but beyond that there is not enough money in the marina enterprise fund to proceed with more improvements. Mr. Garcia noted that the existing slip leases prohibit live aboards and will continue to do so unless the Council changes them. Mayor Neal said the live aboard issue should continue to be looked at as part of a master plan. He said at some point the Council can make a policy decision about whether the city can afford to allow live aboards based on the infrastructure costs associated with them. ************* Mayor Neal called for the City Manager's report. Mr. Garcia said that during the September 26th Council meeting there will be a hearing about the November 7th sales tax election, a presentation by the Regional Economic Development Corporation, a discussion about pipelines, and airport renovations. There will also be a hearing on September 21st regarding improvements on US 77 between FM 624 and Five Points. In his report, Mayor Neal said the TML "State of the Cities" symposium will be held in Austin on September 21-22, and he discussed the benefits provided by the Sheriff's Department's alternative incarceration program. He also announced three awards received by the city's Communications and Quality Management Department. He called for Council concerns and reports. Mr. Scott commented favorably on the recent Legislative Weekend. Mr. Longoria asked about Weed and Seed grants, and Mr. Cisneros said he would provide a report. Mrs. Longoria encouraged the Council members to consider serving on committees of the National League of Cities. She also asked about the purchase of garbage trucks, and Mayor Neal said he had asked staff to bring back to the Council a breakdown of cost allocations and landfill operations. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:25 p.m. on September 19, 2000. * * * * * * * * * * * * *