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HomeMy WebLinkAboutMinutes City Council - 04/09/1985Present: Mayor Luther Jones Council Members: David Berlanga, Sr. Dr. Jack Best Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING BAYFRONT PLAZA CONVENTION CENTER - ROOM 225 APRIL 9, 1985 2:35 P.M. City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order. He then recognized the Honorable Eduardo E. de Ases, U.S. Magistrate, who was present to administer the oaths of office to the newly elected Council Members. Judge de Ases administered the oath to Mayor Luther Jones, following which he administered the oath to Council Members David Berlanga, Sr., Jack Best, Leo Guerrero, Joe McComb, Frank Mendez, Bill Pruet, Mary Pat Slavik, and Linda Strong. All of the Council Members then made brief statements expressing appreciation to their friends and supporters and introduced the members of their families who were present for the ceremonies. City Secretary Armando Chapa then called roll and stated that the necessary quorum of the Council and the required Charter Officers were present to conduct a legally constituted meeting. Mayor Jones then called for selection of a Mayor Pro Tem. Council Member Joe McComb stated that as a result of the resolution recently passed by the majority of the City Council, he would like to nominate Dr. Jack Best as Mayor Pro Tem, since he received the highest number of votes in the at large race. The motion was seconded by Council Member Linda Strong. Council Members David Berlanga, Leo Guerrero, and Frank Mendez made statements in regard to the method of selecting the Mayor Pro Tem and suggested that a future Charter Revision Committee should consider the method of selection of the Mayor Pro Tem to be presented to the voters during a Charter Amendment election. Mayor Jones called for the vote on the motion to elect Dr. Jack Best and the motion passed unanimously. MICROFILMED Minutes Regular Council Meeting April 9, 1985 Page 2 A motion was then made by Council Member Mendez that the issue of the selection of Mayor Pro Tem should be settled by a Charter Revision Committee who should be instructed to take into account the new election system of Single Member Districts. The motion was seconded by Council Member Guerrero and passed unanimously. Mayor Jones declared a recess at 3:20 p.m. * * * * * * * * * * * * * Mayor Jones reconvened the meeting at 3:40 p.m. and called for consideration of Consent Motions, items 1 through 5. 1. Approval of specifications and authorization to receive bids May 1, 1985 for a twelve month supply agreement, with option to extend for an additional twelve months at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for bronze service saddles used by the Water division. Estimated expenditure is $8,300. 2. Approval of specifications and authorization to receive bids May 1, 1985 for a twelve month supply agreement, with option to extend for an addi- tional twelve months at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for bus parts for the Transit System as follows: General Motor Parts, estimated annual expenditure $30,000; Gillig Corporation Parts, estimated annual expenditure $30,000; and miscellaneous transit bus parts, estimated annual expenditure $120,000. 3. Approving purchase of nineteen self-contained breathing apparatus and nineteen air cylinders for the Fire Department based on low bid meeting specifications to Koetter Fire Protection Service for $31,217. Twenty-three bid invitations were issued and seven bids received. These units are included in the 1984-85 Capital Outlay Budget. 4. Approving a twelve month supply agreement, with option to extend for an additional twelve months at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for Police training reload ammunition to Zero Ammunition Company, based on low bid for $10,813.55. Seven bid invitations were issued and five bids were received. 5. Authorizing the City Manager to execute a twelve month gas supply agreement with Coronodo Transmission Company for the purchase of 3,000 mcf per day of natural gas, noninterruptable, at a cost of $2.74/MMBTU delivery to begin on April 10, 1985. Request proposals were sent to 28 companies with 14 proposals being received. This price is 64 cents per MMBTU less than the City is currently paying for supplement gas and represents an annual savings of $700,000. Council Member Berlanga referred to item 5, and inquired if it would be possible to purchase more gas from a less expensive source than Valero. lutes pular Council Meeting April 9, 1985 Page 3 City Manager Edward Martin explained that in accordance with the terms of the City's 1984 contract with Valero Transmission Company, the City will be allowed to purchase 20% of the required gas supply on the open market. He stated that by doing this, the City had received a lower price for 20% of the gas supply, but Valero is still responsible to provide the City with 80% of the necessary supply. He stated that this will represent a savings of approximately 5% to the customer. 6. Authorizing the City Manager to execute an agreement with the Music Performance Trust Fund, 1501 Broadway, Suite 315, New York City, New York, for eleven (11) summer concerts in 1985, which will be played by the Corpus Christi Musician's Association, Inc., Local No. 644, at a compensation of $1,909.91 per performance, not to exceed $12,000 in total, for the purpose of providing the citizens of Corpus Christi with musical performances for their benefit and enjoyment. The $12,000 has been budgeted in the 1984-85 Community Services Activity. 7. A revocable easement be granted to CSI Business Systems for the purpose of utilizing six inches of the public right-of-way of Power Street and North Water Street at Block 38, Beach Portion. The existing building at this location is constructed on the right-of-way line, and the request is being made so that a new veneer face, not to exceed six inches in width, can be installed as part of proposed remodeling for the building. 8. An easement be granted to Champlin Petroleum on Airport property for the purpose of Champlin installing a cathodic protection system to protect its existing pipe lines on Airport property in the area. No existing or planned Airport improvements are in the area of the easement grant. A fee of $1,500 is recommended for the granting of the easement. Council Member Slavik referred to item 6 and inquired about the amount remaining in the Community Services activity. She also inquired about the possibility of obtaining federal matching funds. Mr. Utter explained that each year funds are budgeted for the summer contracts. Council Member Berlanga inquired if the concerts will again be conducted in Cole Park, and Mr. Utter replied affirmatively. Council Member Berlanga inquired if there was anything that could be done to contain the sound so as not to disturb the residents of the Del Mar neighbor- hood. Mayor Jones pointed out that there is no amplified system for this type of concert and it should not be disturbing to the residents of the area. Mayor Pro Tem Best inquired if there was any possibility of moving the concerts to different areas of the City for the convenience of residents in other areas. Minutes Regular Council Meeting April 9, 1985 Page 4 City Manager Martin explained that there are two possibilities, one at Greenwood Park and the other at Cole Park. He explained to the Council that a Bayfront Activities Committee has been appointed and they are attempting to establish uses for neighborhood parks, even for large events such as Buccaneer Days. Dr. Best suggested that the concerts be considered for other areas of the City. Mayor Jones called for comments from the audience on the Consent Motions, items 1 through 8, and there was no response. A motion was made by Council Member Guerrero that Consent Motions, items 1 through 8, be approved; seconded by Council Member Berlanga; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and ordinances from previous meetings on items 9 through 17. Council Member McComb referred to ordinance 9, which authorizes a change order in the amount of $46,750 for the construction of a 52 space parking lot in Heritage Park. He inquired if it would not be preferable to take bids on that parking lot again. City Manager Martin assured the Council that bids were received on this parking lot; it was included as an alternate bid and was not awarded at the time of the award of the primary contract; and it is now being handled by a change order. He expressed the opinion that this bid, which was bid as a part of the entire project, has a better price than could be received by going out for bids again. In response to Council Member Slavik's question about the estimated completion date, Assistant City Manager Bill Hennings explained that it will be completed in May. Mayor Jones referred to ordinance 12, awarding a contract for the relocation of the fence along the U.S. Navy's frontage of Cabaniss Field on Saratoga Boulevard. He expressed the opinion that he did not think that it would be practical to move a fence that is 45 years old. City Manager Martin explained that the City's obligation was to relocate the fence; the project was bid both ways, either relocating the fence or installing a new fence; and he would like to request that this item be delayed for one week. He stated that it may be possible to work out a compromise with the Navy to provide for a new fence rather than relocating the fence. He then withdrew from consideration ordinance 12. In reference to ordinance 14, which approves a contract between the City and the Del Mar Neighborhood Association to provide for the landscaping of a certain median on Santa Fe Street, Council Member Slavik expressed the opinion utes pular Council Meeting April 9, 1985 Page 5 that this is a good project and stated that she would like to encourage more neighborhoods to consider this type of improvement in cooperation with the Park and Recreation Department. A member of the audience, Mrs. Janet Rice, President of the Del Mar Neighborhood Association, expressed appreciation to the Council for approving this item. She stated that they plan to start work on it almost immediately. She referred to the request that the City provide a 3 -foot sidewalk. Council Member McComb stated that he had driven by the location and noticed that 3 feet of asphalt had been allowed to remain and he assumed that that was for the sidewalk. Mr. Utter stated that he was not aware of this and did not know the reason for it. Council Member McComb asked where the bus stop would be located. Mr. Utter informed the Council that the bus stop will be located at the east corner of the triangle. Mayor Jones inquired if anyone in the audience wished to speak in regard to the consent ordinances, items 9 through 17. Mr. Ruben Gonzales, Vice President of the Landmark Commission, stated that he would like to address item 9, pertaining to the 52 space parking lot in Heritage Park, and stated that the Landmark Commission did not recommend installation of this parking lot because they felt that it would take up space that could be available for more old homes to be moved to the area. He stated that the Landmark Commission approved the entire two -block area for this purpose, with the exception of the one parking lot. City Manager Martin explained that the staff disagrees with the Landmark Commission because they are of the opinion that it would be a mistake to fill the entire two -block area with houses with no facilities for parking. He expressed the opinion that with the completion of the Multi -Cultural Center, the City will experience a great deal of use of the area and the parking will definitely be needed. Council Member Guerrero inquired if any other land is available for relocation of homes. Mr. Martin replied that there is one additional site available between the McCampbell Home and the Meriman-Bobys House. He stated that there is also land across the street to the east that is owned by the City and there is some land owned by the City which is north of this area. Council Member Guerrero then requested that the Council be provided with a breakdown of options so that they would know what land is owned by the City. Minutes Regular Council Meeting April 9, 1985 Page 6 City Manager Martin indicated that he would be glad to provide this, but pointed out that there is a more important decision to be made on the layout of the other expansion, and it might be necessary to consider purchasing another square block. He reiterated that giving up parking for the Multi -Cultural Center would be a mistake. Council Member Slavik stated that she felt the parking spaces were essential and urged that this ordinance be approved. Council Member Linda Strong noted that the entire project has grown in depth, and she would be in favor of the purchase of another block for expansion, but agreed that it would be imperative to provide parking. City Manager Martin assured the Council that a map showing the land that is owned by the City in the vicinity would be sent to the Council. Council Member McComb referred to the second reading of the amendment to the animal control ordinance and inquired if this was related to the number of homing pigeons allowed in the City. City Manager Martin informed him that that issue is still before the Animal Control Advisory Board. Referring to the same ordinance, Council Member Berlanga urged that the Animal Control Department be allowed to employ enough personnel to pick up stray dogs. City Manager Martin pointed out that the real problem is that there are too many people in the City who do not take care of their dogs, and that the con- viction rate is very low. He informed Mr. Berlanga that the staff is allowed to use tranquilizer guns for the apprehension of dogs that are running loose, but the real need in effective animal control is not having more staff to pick thgm up, but in obtaining more convictions. Mayor Pro Tem Best recalled that four years ago the City Council at that time spent a great deal of time discussing the ordinance that is now in effect. He expressed the opinion that the ordinance was a good one at that time and the problem seems to be with municipal judges allowing people to be declared innocent rather than convicting them of violations. City Manager Martin stated that the changes being made are designed to close any loopholes in the ordinance so that they can effectively be enforced and convictions can be made. City Manager Martin stated that if the Council was concerned about this ordinance, more discussion can occur. He stated that he would be glad to have someone from the Animal Control Advisory Board address the Council prior to the third reading of this ordinance. He explained that there is a technical loophole that is being used, and the Animal Control Advisory Board is of the opinion that this amendment will ensure that enforcement will be improved. utes ,u1ar Council Meeting April 9, 1985 Page 7 Mayor Jones inquired if there were any other people in the audience who wished to speak on the ordinances, and there was no response. City Secretary Chapa polled the Council for their votes on the Consent Ordinances and the following ordinances were passed: 9. ORDINANCE NO. 18783 APPROPRIATING $53,000 OUT OF NO. 162-152-807.05, SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR CHANGE ORDER NO. 3 PROVIDING FOR THE CONSTRUC- TION OF A PARKING LOT IN THE SOUTHWEST CORNER OF HERITAGE PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 10. ORDINANCE NO. 18781: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Annaville Area, No. 2 1. Heizer Drive, from Near Westview Drive to McKenzie Road, 2. Emmord Loop, from Heizer Drive to Heizer Drive, 3. Veda Drive, from Emmord Loop to Heizer Drive, 4. Hurst Drive, from Emmord Loop to Emmord Loop, 5. Sammons and Nida Drives, from Heizer Drive to Leopard Street, 6. Guess Drive, from Hilltop Road to Violet Road, and 7. Sunny Drive, from Violet Road to Leonard Drive. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 11. ORDINANCE NO. 18782 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS: Annaville Area, No. 2 1. Heizer Drive, from near Westview Drive to McKenzie Road, 2. Emmord Loop, from Heizer Drive to Heizer Drive, 3. Veda Drive, from Emmord Loop to Heizer Drive, 4. Hurst DRive, from Emmord Loop to Emmord Loop, 5. Sammons and Nida Drives, from Heizer Drive to Leopard Street, 6. Guess Drive, from Hilltop Road to Violet Road, and 7. Sunny Drive, from Violet Road to Leonard Drive. Minutes Regular Council Meeting April 9, 1985 Page 8 DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL FOR MAY 14, 1985 AT 7:30 P.M., IN THE ANNAVILLE ELEMENTARY SCHOOL CAFETERIA, 3901 HILLTOP ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 12. (This Ordinance was withdrawn -- See Page U4) 13. ORDINANCE NO. 18784: APPROPRIATING $18,536.05 FOR REIMBURSEMENT TO MAURICE HUNSAKER FOR THE INSTALLATION OF APPROXIMATELY 1,350 LINEAR FEET OF 12" DIAMETER SANITARY SEWER COLLECTION LINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 14. ORDINANCE NO. 18785: AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEL ASSOCIATION FOR THE LANDSCAPING OF A CERTAIN MEDIAN ON APPROPRIATING $5,200; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the vote: Jones, Best, Berlanga, Guerrero, Strong voting, "Aye". 15. SECOND READING: MAR NEIGHBORHOOD SANTA FE STREET; ordinance passed by the following McComb, Mendez, Pruet, Slavik and AMENDING CHAPTER 6, ANIMAL CONTROL, SECTION 6-20, RESTRAINT, ARTICLE III, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR MAKING IT A VIOLATION FOR ANY ANIMAL TO BE A PUBLIC NUISANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". 16. THIRD READING - ORDINANCE NO. 18786: CLOSING AND ABANDONING THE 20 FOOT WIDE ALLEY IN BLOCK 73, BROOKLYN ADDITION; PROVIDING FOR SEVERANCE. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". lutes gular Council Meeting April 9, 1985 Page 9 17. THIRD READING - ORDINANCE NO. 18787: AMENDING CHAPTER 57, VEHICLES FOR HIRE, ARTICLE IV, AMBULANCE SERVICE; DEFINING TERMS; PROVIDING PROCEDURES FOR THE LICENSING AND REGULATION OF PRIVATE AMBULANCE SERVICES; ESTABLISHING FEES; PROVIDING FOR INSURANCE REQUIREMENTS; ESTABLISHING A PROCEDURE FOR ENFORCEMENT AND APPEALS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time Jones, Best, Berlanga, Guerrero, McComb, voting, "Aye". and passed by the following vote: Mendez, Pruet, Slavik and Strong * * * * * * * * * * * * * Mayor Jones called for action by motion of the following item: 18. Discussion of application for a hazardous waste storage and processing permit by SDC Services and considering a motion for future action. City Manager Martin reminded the Council that they had expressed concern about the application for the storage of hazardous wastes by SDC Services and the City had employed an engineer to examine the application and provide comment. He then asked Assistant City Manager Hennings to summarize the report. Mr. Hennings stated that the Council had discussed this matter on March 19, 1985, prior to the hearing which is scheduled for April 12, 1985. He stated that the purpose of employing EBA Engineering was to examine the permit application and provide an explanation to identify issues of possible concern. He referred to the report from EBA Engineering and stated that SDC Services, Inc. has been in operation at 7500 Greenwood Drive for approximately ten years; they are now applying for a hazardous waste permit; and they do not plan to make any changes in their operation. He stated that the company felt that they could improve their business environment by obtaining a hazardous waste permit in two ways; one, to eliminate the risk of being put out of business if the Environmental Protection Agency classifies used motor oil as hazardous waste, since there is some indication that this may happen in the near future because of the lead content; and two, expand the list of refinery projects which they can blend to improve the flammability and other characteristics of waste oil. Mr. Hennings continued by stating that following the review by the consultant of the permit application, examination of the existing operation, and an interview with the local representatives of the Texas Department of Water Resources, a number of favorable considerations have been identified about the project and no significant adverse effects on the community have been discovered. Mr. Hennings pointed out that with a hazardous waste permit, the company would be subject to closer scrutiny. He reiterated that there is very little change proposed in their operation, but it may be a larger operation than currently exists. Council Member Guerrero inquired if a permit is approved, if this would lead to abuse for deep well injection. Minutes Regular Council Meeting April 9, 1985 Page 10 Mr. Hennings stated that if the company obtains a permit, they will operate under strict regulations conducted by the Texas Department of Water Resources and they will be prohibited from deep well injections. Council Member Mendez expressed the opinion that the City should be sure about what type of expansion they plan, and Mr. Hennings stated that they have a number of tanks on their property and their plans will be examined at the hearing to be conducted next Friday. He reminded the Council that this location is outside the city limits. He explained that the Texas Department of Water Resources will conduct the hearing and will make the decision, but the City staff will be allowed to testify at the hearing. Mr. Hennings informed the Council that he recommended that he and representatives of the City Health Department attend the public hearing to monitor the information presented. He assured the Council that if something unanticipated or different from what has been reported becomes apparent, then the City staff will be in a position recommend further action. Council Member Mendez stated that if there will be additional information at the public hearing, all of the additional information should be obtained and then the City could submit objections if they feel it is necessary. Council Member Berlanga noted that if the Texas Department of Water Resources issues a permit, the City will have no recourse. Mr. Martin stated that that is technically correct, but the City Council could make the determination that this is undesirable for the citizens and the City would have the right to make opposition known, or legal action could be taken. Council Member Bill Pruet noted that the company has not applied for a permit through the City and inquired about the reason they are applying for a permit now before there is even an EPA requirement for such a permit. He asked if it is because of other materials they plan to use, and Mr. Hennings stated that that is what the City staff is assuming. Council Member McComb stated that he felt the Council should take the position as a City that we do want this company to prosper and expand. He stated that he felt that the hearing should be attended and the Council should have a positive attitude since this company is a reputable one and are going through the proper procedures. A motion was made by Council Member Mendez that the staff attend the hearing, bring back information to the City Council, and represent the Council's concerns at the hearing. The motion was seconded by Council Member Strong. Council Member Slavik stated that there is a gentleman in the audience who would like to speak in regard to this matter, noting that he is an expert on waste materials. Mr. Philip Rosenstein, 942 Bobalo, explained his credentials for testifying in regard to this matter, noting that he has received a certificate during his rotes bular Council Meeting April 9, 1985 Page 11 years in the service. He stated that he hoped people did not believe the consultants word. He presented a written report to the Council in regard to this operation. He expressed the opinion that almost any chemical can be hazardous and pointed out that this location is very near to City parks. He also informed the Council that this company did have an explosion at their location a short time ago, and again expressed the opinion that the chemicals are unstable and could be hazardous, and he felt that it should be mandatory that the Council attend the hearing on April 12, 1985. Mayor Jones then called for the vote on the motion made by Council Member Mendez and it passed unanimously. * * * * * * * * * * * * * 19. Amending, prior to third reading, the ordinance regulating Peddlers, Solicitors and Itinerant Vendors. City Manager Martin stated that the staff had attempted to amend the ordinance in response to the comments made to the City Council when this ordinance was first considered. He stated that the most significant change is that the fee has been reduced from $75 a month to $25 a month, and there will also be an annual fee of $275; another change is to amend the ordinance to specify fresh fish rather than "this day's catch" as it pertains to those selling fish. He stated that to the staff's knowledge, this meets the objections that were raised. He stated that he could assure the Council however that once the ordinance is in effect, other concerns will be raised. He stated that the staff recommends that the ordinance be adopted, and that it can be amended after it has been in effect for some time and the staff has had an opportunity to evaluate its effect on the vendors. Council Member Slavik asked for clarification of the insurance change as listed under Section 38-6(9) which adds a provision allowing indemnity agreement in lieu of insurance requirements for parade vendors only, since the cost of such a policy would make this one -day permit practically useless. Mr. Utter explained that if a vendor has only a four hour permit, the insurance should not be required. Council Member Mendez expressed the opinion that the revised ordinance does address the concerns that were expressed. A motion was made by Council Member Slavik that the proposed amendment be approved, seconded by Council Member Pruet, and passed unanimously. City Secretary Chapa polled the Council for their vote on the third reading of the ordinance and it passed as follows: 20. THIRD READING - ORDINANCE NO. 18788: AMENDING CHAPTER 38, PEDDLERS, SOLICITORS AND ITINERANT VENDORS, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR THE PERMITTING, REGISTRATION AND REGULATION OF VENDORS, PEDDLERS, ITINERANT Minutes Regular Council Meeting April 9, 1985 Page 12 MERCHANTS AND COMMERCIAL SOLICITORS; PROVIDING FOR THE AMENDMENT OR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". Mayor Jones called for consideration of Ordinance 21, amending the zoning ordinance upon application of W. R. Hubler, M.D. on block 1002, Bay Terrace 112, for use as a restaurant. Assistant City Manager Utter explained that Dr. Hubler has his office located near this small building; it has been vacant for some time; when the zoning case was considered by the City Council, the staff recommended a special permit; the applicant also desired to have outside dining; and the Council authorized a change in the site plan to allow for outside dining. He explained that the applicant has submitted the site plan and has decided that he does not want to have the outside dining; therefore the staff also recommends approval of the special permit. Mayor Jones called for comments from the audience on this zoning ordinance. There were none. City Secretary Chapa polled the Council for their votes on the ordinance and it passed as follows: 21. ORDINANCE NO. 18789: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF W. R. HUBLER, M.D. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RESTAURANT ON A PORTION OUT OF BLOCK 1002, BAY TERRACE NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * * * * * Mayor Jones called for the City Manager's Report and other items. City Manager Martin explained that there will be some rather major items on the agenda next week; the staff would like to present an update on the water situation; and a recommendation that an outside tax collection approach be utilized. He stated a report on this will be in the Council's packets Friday. He stated that also on the agenda may possibly be the water garden design plan, a project that has been under consideration for some time. He informed the Council that another major decision needed to be made by next Tuesday as to whether or not a third floor should be placed on the new library building. He stated that the City does not actually have funds available for the third floor, but this will be the last opportunity to add the shell for the third floor for future use. lutes _4ular Council Meeting April 9, 1985 Page 13 Council Member Mendez referred to the outside collection of taxes and inquired if the City proposes to go out for bids for this project. City Manager Martin explained that there is a Charter provision that implies that the City cannot use outside agencies, but the State law implies that the City can. On another matter, Council Member Guerrero displayed the t -shirts to be used for the baseball team which will play in a league sponsored by the Chamber of Commerce on Tuesday night. Mayor Jones requested that an item be placed on the agenda the first thing next Tuesday to explain procedures to the new Council Members, particularly in regard to the mechanics of the buttons and how the Council shares their time on current concerns. Mayor Pro Tem Best inquired if there is a plan to have a workshop meeting to establish goals for this new Council, and Mayor Jones stated that this will be discussed next week also. Council Member McComb stated that he has been working on a project for some time and he would like to have about 15 minutes next week to discuss it. A short discussion followed on the method of seating the Council, but no decisions were made. * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Ivan Arcenaux, Director of the Area Agency on Aging for the Council of Governments, informed the Council that there are 32,000 senior citizens who reside in Nueces County. He pointed out that they form a very important minority and he felt that this Council would see them often representing senior citizen groups. He stated that the Center for Creative Living is sponsoring two events for senior citizens' benefit called Grayfest and Winterfest. He asked that the Council Members allow the members of these organizations to pick up all of their political signs for recycling for the Grayfest event. He then invited the City Council to the first Cajun Festival to be held at Gallagher's Restaurant on April 17, 1985, at approximately 6:00 p.m. There being no further business to come before the Council, on motion by Council Member Berlanga, seconded by Council Member Guerrero and passed unanimously, the Regular Meeting was adjourned at 5:32 p.m., April 9, 1985. DZ/td