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HomeMy WebLinkAboutMinutes City Council - 03/14/1989MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 14, 1989 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Frank Schwing Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong City Manager Juan Garza City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend John Gibbs of Oak Park United Methodist Church following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Rhodes. 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 Turner called for approval of the Minutes of the Regular Council Meeting of March 7, 1989, and Council Member Rhodes noted a correction on Page 2 in that Mr. Wallace Lundren was appointed to the Airport Advisory Committee. Mayor Turner proclaimed the Minutes approved as amended. Mayor Turner administered the Oath of Office to the following Board and Committee appointee: Carole Snyder - Corpus Christi Area Convention and Visitors Bureau. Mayor Turner recognized Mr. Dick Bremer, General Manager of the Central Region of the Central Power and Light Company, Mr. Scott Murray, Manager of Business Operations in Corpus Christi, and other representatives of CP&L. Mayor Turner indicated that Items 10 and 11 are relative to the recommendation of staff that the Council suspend for ninety days the effective date for operation of the proposed rate schedules filed by Central Power & Light Company and that the City Manager be authorized to execute an authorization for City participation in the rate case filed by CP&L. MICROFILMED ;inutes Regular Council Meeting March 14, 1989 Page 2 Mr. Scott Murray offered a presentation relative to the proposed CP&L rate increase. He briefly commented on the details of the proposal and explained why the increase oras necessary. Mr. Murray noted that the primary reason for the increase is to recover CP&L's investment in the South Texas Nuclear Power Plant project. He indicated that CP&L proposes a nine-year phase-in plan that includes raising rates in four steps followed by a five-year period during which they project base rates will remain stable. Mr. Murray indicated that CP&L's filing represents a first -step increase of sixteen percent on customers' current bills or $125 million in additional retail revenue during the period rates are estimated to be in effect. He indicated that CP&L proposes that the new rates become effective March 22, 1989, noting that the rates will probably not be implemented until early 1990. In answer to some questions posed by various Council Members, Mr. Dick Bremer indicated that no imprudent costs are going to be charged to any of CP&L's customers. He stated that relative to the procedures the City of San Antonio followed to finance their portion of the plant is that they increased their rates as the plant was constructed over a fourteen year period of time, noting that they also shared in the settlement which CP&L received. Discussion followed and City Manager Garza indicated that staff would like time to do a careful review of the rate request for a period of 90 days beyond the date on which such schedules would otherwise go into effect. He indicated that whatever the City decides to do, either deny it or approve it, it should be well thought out. Mr. Garza indicated that it would be advantageous to the City to make an appropriate review of the request and not just deny it outright. After more discussion, Mr. Bremer noted that CP&L would like to reach a negotiated settlement with all of the intervener groups and as a group, present it to the Utility Commission for their approval. He stated that otherwise they will have to appeal it to the Utility Commission to get it all consolidated so that they have one rate which applies company -wide. Mr. Bremer pointed out that since 1983, CP&L has reduced its rates by 26 percent and are now asking for an increase over a four-year period of time to try to cushion the impact on their customers. He stated that the change in safety related regulations had a very dramatic impact on the cost of the South Texas Project nuclear plant, indicating that impact is much greater than any imprudent costs that the architect, engineer or the project manager may have incurred. Mr. Bremer noted that if they cannot reach a negotiated settlement in this matter, they do not expect to have a final order from the Utility Commission until sometime in 1990, indicating their rates could not be increased until 1990. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings on Items 1 thru 9, and Council Members requested that Items 1, 4 and 7 be withheld for discussion. iinutes Regular Council Meeting March 14, 1989 Page 3 There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed. 2. M89-0071 Motion authorizing the City Manager to execute the necessary amendment to the Headstart Center Agreement to allow for an additional 137 -day extension to begin the construction of the Headstart Learning and Community Center in the Molina/Los Encinos and Spohn Hospital Area. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 3. M89-0072 Motion awarding a contract in the amount of $212,475 to King -Isles, Inc. for the Texas State Aquarium Sanitary Sewer project. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 5. M89-0074 Motion accepting the improvements to the Multicultural Center Courtyard in Heritage Park, and authorizing final payment of $5,228.43 to Construction Assistance and Services, Inc. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 6. M89-0075 Motion accepting the Williams Drive Clinic Expansion project, and authorizing the release of $8,861 in retainage to Amwest Surety Insurance Company for the contract between the City of Corpus Christi and Closs & Medrano, Inc. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 8. RESOLUTION NO. 20620 APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF $1,236.25 TO JOHN W. GREENE, VICE PRESIDENT OF FIRST NATIONAL BANK WESTERN, DEVELOPER OF LOTS 8C AND 8D, BLOCK 1, MARTINE ADDITION, FOR THE INSTALLATION OF 50 LINEAR FEET OF 8 -INCH DIAMETER OFFSITE WATER DISTRIBUTION LINE; AND APPROPRIATING $1,236.25. linutes Regular Council Meeting March 14, 1989 Page 4 The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga,.Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." 9. RESOLUTION NO. 20621 APPROVING THE FINANCING BY THE BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF CORPUS CHRISTI, TEXAS. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Relative to Item No. 1 on the Mary Carroll Channel Widening Project, Council Member Moss commented on the differences between appraisals by the City's independent appraiser and the Nueces County Appraisal Office. He expressed concern and inquired if the City is doing anything to remedy that situation, and City Manager Garza responded by stating that staff has talked to Mr. Moff at the County Appraisal Office on several occasions about several parcels of land and that Mr. Moff is aware of the City's concern. Mayor Turner pointed out that some members of the Appraisal Board are Council appointees and it may be appropriate for the Council to speak with members of that Board. Council Member Slavik referred to funds previously appropriated and inquired if they were from the 1986 bond money, and City Manager Garza replied in the affirmative. In reference to Item No. 4 on the CADD System, Council Member Moss inquired if bids for labor for the maps could be done by people hired by the City Manager, and Carl Crull, Director of Engineering Services, responded by stating that could be done; it would not compete with the technology which is available to do the mapping; and he elaborated on the procedure. Council Member Moss inquired about the time frame for the City's records to be placed in the system, and Mr. Crull replied that the base map would be on in approximately six to seven months after arrival of the equipment and the utility systems would require about nine to twelve months. He stated that it would be about an eighteen -month period for the entire City to be on the system. Mayor Turner asked if it could be expedited, and Mr. Crull noted that the City could contract some additional data conversion out. He stated that staff will look at a price for a complete turnkey operation for the base map and the utility systems; they are currently revising the proposal; and it will be sent out in a few weeks. Mr. Crull indicated that some time in May it will be inutes Regular Council Meeting March 14, 1989 Page 5 brought to the Council for an award of the data conversion contract. He stated that by contracting out the entire project will delete six to eight months off of the total conversion process. In answer to a question from Council Member Moss in reference to Item No. 7 relative to the Elliott Sanitary Landfill Drainage Project, Assistant City Manager Jesus Garza noted that the project is not EPA related; the City has a drainage area traversing the landfill; and from a maintenance standpoint it would be more beneficial to the City to do it this way. There were no questions from the audience on these items. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M89-0070 Motion authorizing acquisition of Parcel 16, located on the south side of Wooldridge Road just west of Rodd Field Road, at a cost of $155,000 from T. Mark Anderson, Trustee, et al, for the Mary Carroll Channel Widening project. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Moss, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken; Pruet abstaining. 4. M89-0073 Motion awarding a contract in the amount of $255,230 to Advanced Graphics Systems, Inc. for computer hardware and software for a computer-aided design, drafting, and geographic information system, and rejecting all data conversion proposals. The foregoing motion passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 7. RESOLUTION NO. 20619 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE ELLIOTT SANITARY LANDFILL DRAINAGE PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, VICTOR SIMCIK, ET AL. The foregoing Resolution was passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * linutes Regular Council Meeting March 14, 1989 Page 6 Mayor Turner called for consideration of Items 10 thru 16 and Council Members and a member of the audience requested that Items 10, 11, 12 and 16 be withheld for dihcussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 13. ORDINANCE NO. 20624 AMENDING ORDINANCE NO. 20208 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: Whitecap Boulevard - 1. Whitecap Boulevard, from Park Road 22 eastward to the public beach; and 2. Windward Drive, from Whitecap Boulevard to Leeward Drive; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 14. ORDINANCE NO. 20625 AUTHORIZING THE EXECUTION OF A TWO-YEAR LEASE AGREEMENT WITH JOHN B. RUSSO AND THOMAS W. STEWART FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RANKIN STREETS TO BE USED BY THE CITY STREET DIVISION FOR MATERIAL STORAGE AND APPROVING THE RENTAL FEE OF $240 PER MONTH. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 15. ORDINANCE NO. 20626 ANNEXING 2.973 ACRES OF LAND OUT OF LOTS 21 AND 22, SECTION 21, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, COMPRISING A PORTION OF THE AREA KNOWN AS RODD FIELD VILLAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWESTERN BELL TELEPHONE AS OWNERS OF SUCH 2.973 ACRES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; AND PROVIDING FOR SEVERABILITY. The foregoing Ordinance was passed on third reading by the following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * dnutes Regular Council Meeting March 14, 1989 Page 7 Relative to Item No. 10 on the CP&L rate request, Council Member Slavik inquired if ninety days is enough time for the City to review the proposal, and City Manager Gatza indicated that a procedural time span has been set and it has been agreed upon. Council Member Slavik asked if the rate increase will affect the City's contention litigation, and Assistant City Attorney Bray stated that the City is a party to a prudency docket at the Public Utility Commission, indicating that it is related. Council Member Slavik inquired about the date of the special joint hearing to be held by the PUC, and Mr. Bray stated that no date has been set and he will keep the Council informed of the date. City Manager Garza explained that Item No. 10 is relative to the suspension of the operation of the proposed rate schedules filed by Central Power and Light Company for a period of ninety days and Item No. 11 is the authorization for City participation in proceedings in the rate case filed by Central Power and Light Company. Mr. Jesse Hix, 2622 Segrest, a former employee of the South Texas Nuclear Project, commented on the gross mismanagement of the project and cited various examples. In reference to Item No. 12 on the Whitecap Boulevard Relocation, Council Member Slavik asked if moving the bus turnaround closer to the dune lines would protect it in case of a storm, and Carl Crull, Engineering Services Director, stated that the turnaround was moved approximately 100 feet inland and about one and one-half foot higher to further protect it from storm surges. He stated that modifications were made to the base material to protect it. Mr. Crull pointed out that when the City moved the turnaround, they became a party to paying for the cost. Mrs. Slavik inquired about the initial decision to locate the bus turnaround and expressed concern about the cost, and Mr. Crull noted that it was recommended by the consulting engineer and approved by the City. City Manager Garza noted that it was a valid concern and no one could guarantee what could happen. He stated that the City takes a risk when building on the island and it is wise to move it back. Ms. Marie Spear, 9320 South Padre Island Drive, stated that she thought the cost of the rebuilding of the bus turnaround would be paid for by the RTA. She asked if the Council approves items before or after they are done. Ms. Spear invited the Council Members to come out to the island and observe what happened when Whitecap Boulevard was moved, stating that it looks more like Whitecap parking lot than Whitecap Beach. linutes Regular Council Meeting March 14, 1989 Page 8 Council Member Slavik inquired about the possibility of the RTA's obligation to_share the cost of the bus relocation, and City Manager Garza indicated that.he will check into the situation. Mr. Raymond Hasker, 1813 Wallace, questioned why tax money is being used when the RTA was supposed to construct the bus turnaround. He indicated that the RTA should pay for the reconstruction. Mr. Hasker also questioned the relocation of Whitecap Boulevard. In reference to Item No. 16 on the Annexation Contracts and Ordinances for King's Crossing (96.0 acres), Council Member Slavik indicated that she will vote against this ordinance. She stated that she feels the City should wait until after the April 1st election, and if it is not approved, it can still come back for voluntary annexation; and that this is bad for public perception. Mr. Bob Reyna, 1821 Roslyn, posed the following questions: 1. Whose idea was it? 2. Who will benefit from it? 3. Who owns the property? 4. Who owns People's Heritage Federal Savings and Loan Association? 5. How is this going to benefit the citizens in District Two? and 6. Who will benefit from this, the City or Mr. Ed Martin? Mayor Turner asked that Mr. Reyna's questions be answered in writing, and Mr. Reyna indicated that his questions were open-ended. Mr. J. E. O'Brien, 4130 Pompano, questioned whether the Council is being fair to the voters and how ethical it is when the Council votes to put something on the ballot for the people to decide and then prior to the election go forward with an annexation. Mr. O'Brien stressed the need for a strong ethics code. City Secretary Chapa polled the Council for their votes and the following were passed: 10. RESOLUTION NO. 20622 SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY CENTRAL POWER & LIGHT COMPANY FOR A PERIOD OF 90 DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. The foregoing Resolution was passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. 11. RESOLUTION NO. 20623 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AUTHORIZATION FOR CITY PARTICIPATION IN PROCEEDINGS IN THE RATE CASE FILED BY CENTRAL POWER & LIGHT COMPANY. finutes Regular Council Meeting March 14, 1989 Page 9 The foregoing Resolution was passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing abbent at the time the vote was taken. 12. M89-0076 Motion approving Change Order No. 3 in the amount of $16,000 to the contract with King Construction Company, Inc. and Isles Engineering and Construction, Inc., a Joint Venture, for reconstruction of a bus turnaround; accepting the Whitecap Boulevard Relocation project; and authorizing final payment of $112,835.58 plus retainage interest to the contractor. The foregoing motion was passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. 16. ORDINANCE NO. 20627 ANNEXING 96 ACRES OF LAND CONSISTING OF TWO TRACTS COMPRISING PORTIONS OF FRACTIONAL SECTION 8, LOTS 16, 17, 18, 19, AND 20 SECTION 9, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PEOPLE'S HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 96 ACRES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; AND PROVIDING FOR SEVERABILITY. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting, "Aye"; Slavik voting, "No"; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for reconsideration of Ordinance No. 20618 which adopted the Mustang -Padre Islands Area Development Plan, an Element of the Comprehensive Plan, pursuant to a request by five petitioners in accordance with Article I, Section 4, of the City Charter and taking any action deemed appropriate concerning said development plan. Mayor Turner read the letter from the petitioners and called for comments from the audience. Mr. Trian Serbu, 14310 Playa Del Rey, stated that the petitioners feel it is wrong to spend taxpayer money when recommendations were made prior to the submission of requested studies. He stated that they disagree with some of the provisions of the plan and feel that no impact long-term study has been done in comparing the locations. Mr. Serbu indicated that more study is required. inutes Regular Council Meeting March 14, 1989 Page 10 Mayor Turner noted that this is part of the Comprehensive Plan for the entire City and the Council has been discussing this plan for a great length of time. She staEed that there are no financial provisions or obligations in this plan on the part of the public for funding. She stated that it is simply a plan; every single plan the City has developed and adopted has infrastructre needs that will cost money over the long term; and there are a number of things in this plan that will require funding over a long period of time. She referred to the boat pass and stated that there is no obligation or consideration on the City's part to pay for that improvement. Mr. Serbu responded by stating that it is a public project; the money is going to come from the public; it is just a matter of semantics; and that the expenditure is implied in the plan. Mayor Turner asked Mr. Serbu if he had an opportunity to participate at the public hearings, and Mr. Serbu replied that he had gone to most of the hearings but not all of them. Mayor Turner expressed concern and stated that she feels that there has been ample opportunity for public comment. Mr. Serbu indicated that one of the things that has not had adequate discussion is the long-term economic impact on the wider community. He indicated that there is so much wrong with the proposal that the citizens should have the chance to vote on it. Council Member Strong asked Mr. Serbu what studies he referred to, and Mr. Serbu referred to hydraulic studies that were not yet completed. He referred to the meeting of experts who were asked to prepare studies which the Council has not waited for, indicating that the Council made their decision prematurely. Council Member Strong noted that the only hydraulic study that she is aware of is being done in conjunction with the Kenedy Causeway. She stated that it is relative to the General Land Office, noting that they have asked for clarification on the permit applications. Council Member Rhodes stated that the five petitioners have a right to object and file a petition if they do not agree; that is good enough reason; and they should not be subjected to grilling. Mr. Raymond Hasker, 1813 Wallace, commented on an article in the newspaper in which Mayor Turner indicated that residents had ample opportunity to voice their objections and concerns to the plan. He stated that he has only heard f inut e s Regular Council Meeting March 14, 1989 Page 11 objection after objection to the plan. Mr. Hasker voiced his opposition to the plan and questioned the financing. Mayor Turner stated that every plan that the City has in place or plans to adopt has infrastructure requirements. She asked Mr. Hasker if he thought that every plan should be put out for referendum, and Mr. Hasker replied that the people should have a say when and where the money is going to be spent. Mr. Hasker expressed concern that the beaches might be closed and stated that he likes the open beaches. Ms. Elizabeth Walker, 13969 Dos Marinos, spoke in support of the plan and stated that the Property Owners Association on the island has endorsed the plan. Ms. Walker indicated that nothing ever pleases everybody. She urged the Council to move forward with the plan. Ms. Leah Olivarri, a representative of the Island 2000 Task Force, spoke in support of the plan. She stated that this is the ninth meeting that she has attended relative to the plan and that there is a lot of support for the plan. Ms. Olivarri stated that it is unfortunate that the plan was adopted by ordinance. She stated that the plan is a policy statement. She suggested that plans should be adopted by resolution because there is no provision for a referendum if it was passed by resolution. City Manager Garza indicated that it was done by ordinance because it is required in the City Charter. Council Member Slavik stated that she is not opposed to a boat pass but a specific boat pass at this time. She stated that she feels the Council is making a mistake even though it is just a plan. She stated that the petitioners have indicated that they might be encouraged to withdraw their petition if the Council were to delete the boat pass. Mrs. Slavik made a motion that the Council adopt the plan but delete any reference to a specific location for a boat pass. The motion failed for lack of a second. Council Member Berlanga stated that the Council is doing what is best for the citizens in the City. He expressed concern about the same two or three people who make derogatory statements about what the Council does. Mr. Berlanga indicated that the Council just voted on the concept of a plan; there is no money involved; and the Council will decide later about the boat pass. He indicated that the Council should stay with their original vote and approve the plan. Mr. Don Servat, a resident on the island, spoke in support of the plan and urged the Council to affirm the Island Development Plan and move forward. He stated that a boat pass is important for the economic development of the island. Mr. Philip Rosenstein stated that he takes exception to the remarks made by Council Member Berlanga relative to the two or three people who make derogatory statements. Mr. Rosenstein stated that there are thousands of "Minutes pular Council Meeting ..arch 14, 1989 Page 12 people who are opposed to the opening of Packery Channel and stated that he is one of them. Mr. Harold Hoppenrath, Clifford Street, asked if Packery Channel is opened and maintained, who will be expected to pay the costs, and Mayor Turner indicated that it will not come out of the General Fund of the City. She commented on user fees and stated that there are a lot of options. City Manager Garza indicated that there are provisions that the Council should be aware of. He stated that it is the impression that the petitioners would have sixty days to get signatures of five percent of the registered voters. He stated that is only partially correct because they would have sixty days to get five percent of the signatures of the registered voters and be on the next uniform election date in August, or if they do not get the signatures in sixty days, it will be on the next Council election which will be in two years. Mr. Garza stated that if the referendum succeeds in defeating the ordinance, the Council would be prohibited from considering a similar ordinance for a period of four years unless it is resubmitted to the voters. City Secretary Chapa polled the Council for their vote and reconsideration of Ordinance No. 20618 failed to pass by the following vote: Rhodes and Slavik voting, "Aye"; Turner, Schwing, Berlanga, Guerrero, Moss, Pruet and Strong voting, "No." Mayor Turner indicated that the Council respects the rights of the petitioners to bring the petition forward, but indicated that it is imperative that the City move forward with its master plan. * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application. 18. Application No. 289-4, Mr. Robert C. Shih: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot A, Bayder Addition, located on the southeast corner of Airline Road and South Padre Island Drive. Mayor Turner indicated that both the Planning Commission and staff recommend approval of this application. There were no objections from the audience. A motion was made by Council Member Strong to close the hearing; seconded by Council Member Guerrero and passed unanimously. inutes Regular Council Meeting March 14, 1989 Page 13 Council Member Rhodes questioned why staff recommends "B-4" if the applicant is ,just requesting a larger sign, and Planning Director Harvey indicated that,"B-4" would be the appropriate zoning. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20628 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT SHIH BY CHANGING THE ZONING MAP IN REFERENCE TO LOT A, BAYDER ADDITION, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance was passed by the following vote: Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza reminded the Council that the Council Meeting on March 21st will begin in the morning because the Council will be attending Corpus Christi Day in Austin. Mr. Garza commented on a memo from Assistant City Manager Tom Utter relative to a video conference that the IRS is scheduling on "Earned Income Credit" which is for low to moderate income people. Mr. Garza stated that if the Council has no objections, he will be on vacation next week after his trip to Austin on Tuesday. Mayor Turner noted that the staff in Austin is doing an excellent job. She commented on the cruiseship ordinance and indicated if the legislature is approved, the City will see some positive response, noting that there are three cruiseship lines that have indicated serious interest. Council Member Moss inquired about a legal notice in the paper relative to the South Texas Water District, and City Attorney Hal George responded by stating that he checked into it; it makes them eligible to obtain surplus state property; and they have to do it by legislation. Council Member Slavik commented on the current water situation, and City Manager Garza indicated he sent the Council a monthly report on the situation; the City has a plan; the City is prepared; and staff is monitoring the situation. inutes Regular Council Meeting March 14, 1989 Page 14 Council Member Slavik commented on a Bill filed in the legislature by Representative_Ben Campbell relative to limited annexation. She requested that staff monitor the Bill, stating she would like a copy of it. Mrs. Slavik indicated that candidates have stated that there is money in the budget for more police and she requested a staff comment on this matter. City Manager Garza commented on the budget and stated that it depends on the Council's priorities. He stated that the staff could be directed to add police officers. Mr. Garza indicated that currently there is no money in the police budget. Mayor Turner complimented the Community Service Plan which was recommended by the Police Chief. Council Member Strong commented on a concern from the manager of a condominium unit on the island relative to pools in condominiums/apartment houses, stating that they are identified as public pools relative to City inspections. She stated that is misleading information because people are showing up at the condominiums to use the public pools. Mrs. Strong requested that the wording which states that a fee is necessary for inspections of pools not be designated with the term "public Pool" because that nomenclature is misleading. Mrs. Strong indicated that the condominiums do not have a problem with the fee or the inspections but would like for the City to make a change in the wording before April 1st. Council Member Pruet pointed out that there are different insurance rates for public pools versus property pools. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein stated that candidates were told at the candidate orientation meeting that the Council Members did not want political badges worn in the Council Chambers. Mr. Rosenstein stated that he spoke with a couple of the Council Members and they had no objections to the badges. Mr. Rosenstein commented on Item No. 6 of the Rules of Decorum and protested against the violation of peoples' rights under the first amendment. Mr. R. J. Herschbach, 4650 Hakel Drive, urged the Council to attend the Firemen's Pension Meeting this Monday at 3:30 p.m. relative to the situation of the Corpus Christi Firemen's Relief and Retirement Fund. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 3:50 p.m. on March 14, 1989. I 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 March 14, 1989 which were approved by the City Council on March 21, 1989. WITNESSETH MY HAND AND SEAL, this the ,1 day of 19 Armando Chapa, City Secretry City of Corpus Christi etty Turner, MAYOR