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HomeMy WebLinkAboutMinutes City Council - 07/17/1990MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 17, 1990 2 p.m. PRESENT Mayor Betty Turner * Mayor Pro Tem Frank Schwing Council Members: Cezar Galindo Leo Guerrero Tom Hunt Edward Martin Joe McComb Clif Moss Mary Rhodes City Manager Juan Garza * City Attorney Hal George City Secretary Armando Chapa Deputy City Manager Jesus Garza Mayor Pro Tem Schwing called the meeting to order in the Council Chamber of City Hall and announced that Mayor Turner will be arriving late because she is en route from Houston returning from a meeting with Continental Airlines representatives. The invocation was delivered by Council Member Clif Moss following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Armando Chapa called the roll and verified that a quorum of the Council and the necessary charter offirnrs were present to conduct the meeting. Mayor Pro Tem Schwing called for approval of the Minutes of the Regular Council Meeting of July 10, 1990. A motion was made by Council Member Moss to approve the Minuteq of the Regular Council Meeting of July 10, 1990. The motion was seconded by Council Member Galindo and passed unanimously by those present and voting; Turner and Martin absent at the time the vote was taken. Mayor Pro Tem Schwing administered the Oaths of Office to the following newly appointed Board and Committee members: Melody Cooper - Coastal Bend Health Facilities Development Corporation; Ernest Garza - Private Industry Council; and Frank Beck - Water Shore Advisory Committee. Paul Werner, Water Suparintendent, reported on the water levels of the City's two reservoirs. Mayor Pro Tem Schwing referred to the Board and Committee appointments and the resulting appointments were made by the Council: (M90-173) MICROF ILMEC Minutes Regular Council Meeting July 17, 1990 Page 2 Animal Control Advisory Committee Building Standards Board Dr. Dan Meadows - Reinstated reslie Baker Paula Garnett * * * * * * * * * * * * * Mayor Pro Tem Schwing called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 7, and Council Members requested that Items 1 and 2 be withheld for discussion. 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: 3. M90-176 Motion approving the purchase of a hydrofluosilicic acid feed system for Water Production in accordance with Bid Invitation No. BI -0284-90 from H & H Industrial Instruments, Corpus Christi, Texas in the amount of $18,525, based on low bid. This item is budgeted in the 1989-90 Capital Outlay. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Turner and Martin absent at the time the vote was taken. 4. M90-177 Motion approving the purchase of a filter belt press in accordance with Bid Invitation No. BI -0235-90 the low bidder, Pilgrims Equipment, Pittsburg, Texas, for the amount of $167,186. The press will be used by Wastewater Department for dewatering sludge which is hauled to the landfill. The filter press has been approved in the 1989-90 Capital Outlay as a replacement. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Turner and Martin absent at the time the vote was taken. 5. M90-178 Motion approving the purchase of three trailer mounted brush chippers in accordance with Bid Invitation No. BI -0330-90 from Industrial Disposal Supply, San Antonio, Texas, in the total amount of $41,112, based on low bidder. The units were budgeted as additional equipment by Solid Waste and Wastewater Departments. Minutes Regular Council Meeting July 17, 1990 Page 3 The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Turner and Martin absent at the time the vote was taken. 6. M90-179 Motion approving a supply agreement for muffler repair service in accordance with Bid Invitation No. BI -0300-90 with Shaffer's Muffler Shop, Corpus Christi, Texas based on total low bid for an estimated annual expenditure of $11,993. The term of the contract shall be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This service will be administered by the Maintenance Service Department and funds have been requested for FY 90-91. The foregoing motion passed by the following vote: Schwing, Galindo, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Turner and Martin ahcnnt at the time the vote was taken. 7. M90-180 Motion approving a supply agreement for paper in accordance with Bid Invitation No. BI -0319-90 with Monarch Paper Co. of San Antonio, Texas on the basis of total low bid for an estimated annual expenditure of $81,765.02. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be stored in the Warehouse and Print Shop and used by various departments throughout the City. Funds have been budgeted in FY 89-90 and requested for FY 90-91. The foregoing motion pas ed by the following vote: Schwing, Galindo, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Turner and Martin absent at the time the vote was taken. * * * * * * * * * * * * * Relative to Item 1, purchase of personal computer equipment, Council Member Galindo inquired if the equipment is essential and questioned the cost figure for word perfect. He expressed the opinion that the City should receive a greater discount than the suggested retail price. Deputy City Manager Jesus Garza responded by stating that staff has done an analysis and the equipment is necessary. John Bacon, Municipal Information Systems Director, stated that there could have been a price reduction since the vendors made their bid. He indicated that the word perfect portion of the bid could be rejected to see if a price reduction could be obtained. Minutes Regular Council Meeting July 17, 1990 Page 4 Mr. Bacon responded to sp�.cific questions raised by Council Member Galindo pertaining to printer no. 2. He stated that the 1.5 megabyte memory is required to run the graphics software which will be used by the Planning Department. After a broad discussion and a concern expressed by Council Member Rhodes, Deputy City Manager Garza stated that the Council has the right to reject a portion of the bid and request staff to obtain a better price if they believe the prices are out of line. Council Member Galindo made a motion to postpone Items 9.1, 9.4, 9.5, 9.6 and Item No. 5 of the bid for further clarification. The motion was seconded by Council Member Hunt and passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb and Moss voting, "Aye"; Rhodes voting, "No."; Guerrero absent at the time the vote was taken. In regard to questions posed by Council Members on Item 2, approving an award for data communications, Mr. Bacon elaborated on the reasons for the purchase of the four modems. * Mayor Turner and Council Member Martin arrived at 2:35 p.m. Mayor Turner updated the Council on the meeting between Continental Airlines representatives and officials from the City. City Secretary Chapa polled the Council for their votes and the following motions passed. 1. M90-174 Motion approving the purchase of personal computer equipment and software in accordance with Bid Invitation No. BI -0294-90 on low bids, low bids meeting specifications, and hest bid to the companies listed below. The items are budgeted in the Capital Outlay as additional equipment for Planning and Traffic Engineering. a. ComputPrland, Corpus Christi b. 2 processors, 1 printer, 1 plotter, 3 items software $11,196 c. RCC, Corpus Christi 2 displays $1,365 Grand Total: $15,219 IBM, Corpus Christi 2 tape drives, 1 net- work w/cables 1 network w/o cables $2,658 The foregoing motion passed, as amended, by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting July 17, 1990 Page 5 2. M90-175 Motion approving an award for data communications consisting of one control unit and four modems to IBM Corporation, Corpus Christi, Texas in the amount of $30,893, in accordance with Bid Invitation No. BI -0325-90 based on law bid and only bid. The items are budgeted in the 1989-90 Capital Outlay List. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Items 8 thru 13, and Council Members requested that Items 10, 12 and 13 be withheld for discussion. There were no comments from the audience on the items. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M90-181 Motion awarding a contract in the amount of $185,267 to Garrett Construction Company to remove existing piers and pilings and construct new finger piers on the north side of the Lawrence Street T -Head. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martinn, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 9. M90-182 Motion authorizing the execution of an agreement for psychological servirns in an amount not to exceed $42,200 ($25/hourly rate) for a period of one year with M. Dec Koch, Ph.D. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. 11. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, INCREASE THE SPhLu LIMIT IN Ctac1AIN ZONES. The foregoing ordinance passed on second reading by the following vote: Turner, Schwing, Galindo, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting July 17, 1990 Page 6 * * * * * * * * * * * * A gentleman from the audience requested to speak on Item 1, and Mayor Turner informed him that the item had just been passed but he was welcome to speak. Mr. W. D. Willis, 4102 Kingston, expressed support of staff's recommendation for the purchase of personal computer equipment and software. * * * * * * * * * * * * * Relative to Item 10, dechlorination facilities at wastewater treatment plants, Council Member McComb expressed concern about the economic impact of the regulations which are being imposed by the federal government. In answer to questions posed by Council Member Moss, Carl Crull, Engineering Services Director, responded that there is a certain amount of degradation in the chlorine level as it goes through the treatment process. He claimed that there are other processes which can be used besides chlorine, but chlorine is the most economical, most cost effective, and safest method to use. Mr. Crull then discussed the funding for the engineering services contract. Council Member Martin suggested that before the expansion of the Oso Plant and the design of the southside plant, staff should resarch the possibilities of using other chemicals. There were no comments from the audience. * * * * * * * * * * * * * Mayor Turner called for consideration of Item 12, effect of the 16 percent increase in wastewater rates on utility bills. Mr. Frank C. Kolda, 6938 Aswan Drive, a representative of the Pharaoh Valley Association, read a prepared statement in opposition to the expansion of the Oso and the delay in the construction of the southside plant. He stated that if the southside plant will not be built in accordance with the City's Capital Improvements Program, there is no need for the 16 percent increase Deputy City Manager Jesus Garza reported on the wastewater program and reviewed the status and timetable for the proposed southside treatment plant. He discussed various options of proposals submitted for constructing the plant and he expounded on the expansion of the Oso Treatment Plant. Council Member Galindo commented in regard to a monthly update of the Coastal Bend Council of Governments which indicates that cities will be able to compete state-wide for monies for infractructure for water and wastewater Minutes Regular Council Meeting July 17, 1990 Page 7 systems, and Deputy City Manager Garza stated that staff will check into that possibility. Mr. J. increase in fact sheet. 76 percent. wastewater. E. O'Brien, 4130 Pompano, expressed opposition to the 16 percent wastewater rate. He commented in regard to the 1986 bond election He stated that since 1985, wastewater rates have increased almost Mr. O'Brien questioned the $3 million increase in debt service for Deputy City Manager Garza cemented on the reason for the sixteen percent increase and the increase in debt service. He spoke about the analysis of the effect of a sixteen percent wastewater rate increase on the minimum, average, moderately high and high monthly utility bill. In response to a question from Council Member Moss, Deputy City Manager Garza reported that the City will publicize the utility rate cap by means of public service announcements. Mr. rarza then spoke in regard to the odor control at the OSO plant. After extensive discussion and deliberation of the fee increase and the removal of the cap, Deputy City Manager Garza stated that before the third reading of the ordinance, the Council will be provided the results of the utility rate study as it affects the City's wastewater rate'. * City Manager Garza arrived at the meeting. Mayor Turner requested that staff provide a memorandum of the pros and cons of removing the rate cap and using those funds to reduce the increase in the rate. Mr. Jesse Hix, 2622 Segrest, commented in regard to the General Fund and requested the removal of the cap of 15,000 gallons. Mr. Raymond Hasker, 1813 Wallace, remarked about previous rate increases and expressed opposition to the rate increase. Deputy City Manager Garza reviewed the status of the water utility fund. Mr. Lewis Lovelace, 1549 Casa Grande, questioned the accuracy of figures presented by staff. In response to a question from Council Member Rhodes, Deputy City Manager Garza indicated that the utility rate study will recommend how to handle the cap and will also provide options as to what the different class customers should pay. City Manager Garza informed the Council that the third reading of the ordinance will not be presented to them until they have received and had time to review the utility rate study. Minutes Regular Council Meeting July 17, 1990 Page 8 Council Member Rhodes expressed concern about voting on the rate before viewing the utility rate study. Relative to Item 12, adoption of golf fees and charges for the 1990-91 fiscal year for the Gabe Lozano Sr. and Oso golf courses, Mr. Fd Goldsmith, 3600 Aransas, read a prepared statement in opposition to the increases in golf rates and uses. He raised various questions and spoke about the condition of the golf courses. Mayor Turner requested that Mr. Goldsmith provide a copy of his ccumnents and she will present them to the Greens Committee. Mt. Lewis Lovelace, 1549 Casa Grande, commented in regard to subsidizing the sports of hunting and fishing. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M90-183 Motion approving an Engineering Servirps Contract with Urban Engineering for design of dechlorination facilities at the City's Wastewater Treatment Plants for a fee of $36,000. The foregoing motion passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 12. SECOND READING AMENDING SEI'ION 55-50, 55-60, AND 55-100 OF THE CODE OF ORDINANCES, REGARDING WATER, GAS, AND WASrEvAi'u< RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on cccond reading by the following vote: Turner, Schwing, Galindo, Guerrero, Martin, McComb, Moss and Rhodes voting, "Aye"; Hunt voting, "No." 13. SECOND READING ADOPTING GOLF FEES AND CHARGES FOR THE 1990-91 FISCAL YEAR FOR THE GABE IAZANO SR. AND OSO GOLF COURSES. The foregoing ordinance passed on second reading by the following vote: Turner, Schwing, Galindo, Guerrero, Martin, McComb, Moss and Rhodes voting, "Aye"; Hunt abstaining. * * * * * * * * * * * * * Minutes Regular Council Meeting July 17, 1990 Page 9 Relative to Item 14, use privilege agreement - Windsong Sub Division Unit II, City Manager Garza provided background information in regard to the use privilege agreement. Mr. Ron Jicha, 7002 Holly Road, the owner of the tract who denied permission to install a fence on this property, cited his reasons for not allowing the fence. Mr. Chuck Sebbert, 861 Swift Circle, a represpntative of Al Hogan, Builder, stated that they did not intend to do harm to anyone's property and it was their hope to enhance the area. He presented a pictorial exhibit and asked the Council to drive by the area. Council Member Martin suggested that the Council drive by the property. He expressed the opinion that the use privilege agreement should be granted because it will improve the aesthetics by screening off a non -conforming use. Mr. Martin moved to grant the application for a use privilege agreement. The motion was seconded by Council Member Guerrero. The Council raised specific questions in regard to the property, and Carl Crull, Director of Engineering Services, responded to the questions. Mayor Pro Tem Schwing inquired about the fence if the property were sold, and City Manager Garza responded that the owner would have to request authorization ficin the City to remove the fence. Mr. (arza indicated that the property is zoned "ER." Mayor Turner called for the vote on the motion and it passed unanimously. Council Member Martin clarified that in passing the motion, the Council is directing staff to prepare the use privilege agreement. City Secretary Chapa polled the Council for their votes and the following motion passed as amended. 14. M90-184 Motion granting the application of Al Hogan Builder, Inc. for a Use Privilege Agreement to install a fence within the right-of-way of Joplin Drive south of Holly Road. The foregoing motion passed as amended by the following vote: Turner, Galindo, Guerrero, Martin and Moss voting, "Aye"; Schwing, Hunt, McComb and Rhodes voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Item 15, telephone systems for the new police headquarters building and the service center. Minutes Regular Council Meeting July 17, 1990 Page 10 City Manager Garza pointed out the recommendation does not include a new phone system at City Hall. He stated that the existing City Hall telephone system will be retained until litigation is resolved. John Bacon, Municipal Information Systems Director, gave a presentation on the telephone systems for the new police headquarters building and the service center. He provided background information and discussed the proposals submitted by three vendors. Mr. Bacon indicated that Centel is the recommended vendor and they have agreed to provide the City the option to replace the City Hall telephone system within the next twelve months at the proposal price. Mr. Bacon discussed the alternatives to installing new equipment and he elaborated on the cost and benefits of the new system. Discussion ensued following which a series of questions were responded to by Mr. Bacon. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following motion was passed: 15. M90-185 Motion authorizing the City Manager to execute a contract with Centel Communications Systems for $325,284.40 for two new telephone systems and maintenance. These systems will provide: (1) telephone service for the new Police Headquarters, and (2) telephone service to the new Water/Wastewater Building and consolidate existing service at the Service Center. This price includes four years of maintenance beyond the normal one-year warranty. The equipment will be financed on a five-year lease purchase plan at 7.95 percent per annum. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Galindo and McComb voting, "No"; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Turner called for consideration of Items 16 and 17 relative to the Gan Juan Area Street Improvements project. There were no comments from the Council or the audience on Items 16 and 17. City Sn retary Chapa polled the Council for their votes and the following ordinances were pasood: 16. ORDINANCE NO. 20947 Minutes Regular Council Meeting July 17, 1990 Page 11 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF: San Juan Area - 1. Scapular Street, from South Clarkwood Road to Gaviota Street, 2. Gaviota Street, from Scapular Street to County Road 36, 3. Mariposa Street, from Simon Drive to Scapular Street, 4. Simon Drive, from South Clarkwood Road to Stock Drive, and 5. Stock Drive, from South Clarkwood Road to Simon Drive; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." 17. ORDINANCE NO. 20948 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENTS OF THE FOLLOWING STREET; San Juan Area - 1. Scapular Street, from South Clarkwood Road to Gaviota Street, 2. Gaviota Street, from Scapular Street to County Road 36, 3. Mariposa Street, from Simon Drive to Scapular Street, 4. Simon Drive, from South Clarkwood Road to Stock Drive, and 5. Stock Drive, from South Clarkwood Road to Simon Drive; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION 7O BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON AUGUST 14, 1990, IN THE COUNCIL CHAMBERS, CITY HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 18. Application No. 690-1, Mr. Claudio Herrera dba Memorial Funeral Services, Inc.: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on 2.0+ acres out of the southeast 1/2 of Lot 5, Section 2, Bohemian Colony Lands, located on the north side of Holly Road, approximately 630' northwest of Carroll Lane. Mayor Turner stated that both the Planning Commission and Planning Staff recommend approval of the application. There was no objection from the audience on the application. Council Member Guerrero moved to close the public hearing; seconded by Council Member Galindo and passed unanimously. In response to a question from Council Member Rhodes, Brandol Harvey, Director of Planning, described the adjacent land use in the area. Minutes Regular Council Meeting July 17, 1990 Page 12 City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 18. ORDINANCE NO. 20949 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CLAUDIO HERRERA DBA MEMORIAL FUNERAL SERVICES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF IAT 5, Shc1'ION 2, BOHEMIAN COLONY LANDS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 19. Application No. 690-5, Mr. Raymond Lopez dba Lopez Electric Service and Repair: For a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lots 47 and 48, Block 4, Steele Addition, located on the north side of Marguerite Street, approximately 250' Pact of Duncan Avenue. Mayor Turner stated that both the Planning Commission and Planning Staff recommend denial of "I-2" Light Industrial District, and in lieu thereof, grant a special permit for electrical service and repair subject to 9 conditions and in arrordance with the approved site plan. Mayor Turner inquired if the special permit was acceptable to the applicant, and he responded in the affirmative. There was no objection to the zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Galindo and passed unanimously. In response to a question from Council Member Rhodes, Brandol Harvey, Director of Planning, provided background information and elaborated on the purpose of the request. He explained the reason for the rezoning and desrribed the nine conditions of the special permit. He stated that that particular block is going through transition and the reason staff considered the expansion of this industrial use is that all of the applicant's access will be from Agnes Street and a considerable amount of buffer will be provided. Mr. Harvey noted that no notices were returned in opposition. Discussion followed and Council Member Rhodes expressed concern about the enforcement of the nine conditions of the special permit. Minutes Regular Council Meeting July 17, 1990 Page 13 Mt. Harvey stated that the notices which were mailed stated in Spanish that if more information was desired, they could contact the City. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 20950 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RAYMOND LOPEZ DBA LOPEZ ELECTRIC SERVICE AND REPAIR BY GRANTING A SPECIAL COUNCIL PERMIT FOR ELECTRICAL SERVICE AND REPAIR SUBJECT TO NINE CONDITIONS AND IN ACCORDANCE WITH THE APPROVED Slit PLAN, ON LOTS 47 AND 48, BLOCK 4, STEELE ADDITION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * * Mayor Turner announced the public hearing on the following zoning application: 20. Application No. 590-1, Mr. Jose V. Rivera: For a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Businac.G District on the southwest 50' of Lot 36, Block 7, Gardendale No. 2, located on the northeast corner of Bonner Drive and Nelson Lane. Mayor Turner stated that both the Planning Commission and Planning Staff recommend denial of "B-1" Neighborhood Business District, and in lieu thereof, grant a special permit for a retail grocery store in accordance with an approved site plan. No one spoke in opposition to the zoning application. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Galindo and passed unanimously. Planning Director Harvey informed the Council that there was an error in the support material provided the Council and that both the Planning Commission and staff recommend that the property be rezoned "R -1C" with a special permit. Because of a concern expressed by Council Member Martin, Mt. Harvey elaborated on the Planning Commission's recommendation. He stated that from the very first meeting of the Planning Commission, the special permit always included "R -1C" as the base zoning. He stated that "R -1C" would allow the grocery store to continue as it previously existed and should the special permit cease, or if the applicant should decide to go to single-family development, he would be able to under "R -1C" zoning. Minutes Regular Council Meeting July 17, 1990 Page 14 Mayor Pro Tem Schwing moved to amend the ordinance and include the wording "R -1C" with a special permit. The motion was seconded by Council Member Guerrero and passed unanimously. City Secretary thapa polled the Council for their votes and the following ordinance was passed as amended: ORDINANCE NO. 20951 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOSE V. RIVERA BY CHANGING THE ZONING ON A PORTION OF LOT 36, BLOCK 7, GARDENDALE NO. 2 FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT AND GRANTING A SPECIAL COUNCIL PERMIT FOR A RETAIL GROCERY STORE AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Turner, Schwing, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Rhodes voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza remarked about the rain situation and the City's reservoirs. Mayor Turner commented about a letter which the Council received from the West Central Soccer League in regard to CDBG appropriations and she requested that the Park and Recreation Department check into the matter. Mayor Turner read a prepared statement in regard to the implementation of a policy which prohibits any Council Member, staff person or member of the audience from personally berating, embarrassing, accusing or showing any personal disrespect for any member of the staff, Council Members or the public at any Council Meetings. She indicated that she will rule all such violators out of order unless the Council overrides that decision. There was no objection from the Council about the implementation of the policy. Mayor Turner called for reports from the Council. Council Member Galindo expressed opposition to the Aquarium's policy of prohibiting the usP of strollers in their facility. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting July 17, 1990 Page 15 Mr. Harold Hoppenrath, 338 Clifford, inquired how the new policy would affect someone in the audience who is berated by a Council Member, and Mayor Turner replied that she would not permit it. Mr. Jesse Hix, 3622 Segrest, read a prepared statement in regard to taxation and about the jobs which will be offered by Continental Airlines. Ms. Henrietta Newbury, 606 Chase, commented in regard to the accuracy of voter registration cards in Nueces County. Mr. W. D. Willis, 4107 Kingston, commented in regard to the following: travel -related expenditures by the City staff, planning and timetable of the City budget, and cost reduction programs in the City. The Council and City Manager Garza responded to Mr. Willis' concerns. Mr. Lloyd Fruge, 3325 Bali, read a prepared statement in regard to improvements on Waldron Road in Flour Bluff. Mr. Jose Flores, 1222 Hayward, presented photographs and read a prepared statement in regard to violations in the electrical code and remarked about the Electrical Advisory Board. Discussion followed and City Manager Garza indicated that he will look into the situation and meet with Mr. Flores. Mt. Ralph Cantu, 1718 Harriett, a City employee, remarked about contents made by Council Members in regard to City employees. Mr. Philip Rosenstein, 949 Bobalo, commented in regard to the one-half cent sales tax. He alleged that the commercials in reference to the tax contain false advertising. Council Member Rhodes noted that she had received a call from a gentleman who stated that the Area Economic Development Corporation had their charter lifted, and City Manager Garza indicated that he will check into the situation. Mr. Alex Gonzalez, 1037 Monette, stated that he had presented questions at a previous Council Meeting and has never received a response to his questions. He commented in regard to the 16 percent increase in wastewater rates and the one-half cent sales tax. Mayor Turner encouraged Mr. Gonzales to provide his list of questions to the City Manager. Mr. Mose Garrett, Jr., 2409 Summers, spoke in opposition to the one-half cent sales tax. Minutes Regular Council Meeting July 17, 1990 Page 16 Mayor Turner rec ssed the Council Meeting and the Council went into closed srGsion pursuant to Article 6252-17, Sec,Lion 2(g), V.A.C.S. to discuss complaints or charges against a public officer or employee. * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 6:10 p.m. City Manager Garza read a prepared statement in regard to the public allegations made by Council Member Hunt during a Council Meeting in regard to travel -related expenses by Assistant City Manager Utter. Mr. Garza commented in regard to the expenses and stated that there has been no violation of City policy, no extravagant expenditures, and no unequal treatment. Mr. Garza recommended that the Council not condone this type of activity because Mr. Hunt's actions have undermined his authority and border on interference in administrative affairs. Council Member Martin announced that at next week's Council Meeting, he will bring a charge against Council Member Hunt seeking his removal from office for a violation of the City Charter and the Ethics Cede. Mayor Turner called for discussion of the 1990-91 budget. City Manager Garza stated that he is prepared to provide further information on the following major items: Bond Sale/Capital Improvement Program; EMS; Operation Clean City; options on palm tree replacement; festivals/Quincentenary Commission Program; Teen Court; Revenue Audit Team; and Elderly Nutrition Program. Mayor Turner requested that the ENS presentation be given. Assistant City Manager Elizondo reviewed the status of the City's EMS system. He provided a brief history of EMS and discussed the funding sources. Highlights of Mr. Elizondo's presentation also included: EMS staffing, accomplishments of the Fire Department, resources of the Fire Department, industry standards, subsidy issues, community decisions, common variables of successful systems, national experience, characteristics of advanced life support and basic life support, and non -emergency transports. Mr. Elizondo stated that the possibility of privatizing EMS, creating a third City service, continuing it under current conditions, and modifying the existing service could provide between $600,000 and $700,000 in net revenue to the City to help offset the more than $1 million subsidy currently needed to run the EMS System. Council Member Rhodes requested that the Council be provided a written copy of Mr. Elizondo's presentation. Minutes Regular Council Meeting July 17, 1990 Page 17 Mayor Pro Tem Schwing stated that he had been informed that the most efficient ambulance services were operated by private companies or hospital districts and suggested that this be considered. Council Member McComb complimented Mr. Elizondo on his presentation and indicated that he has no problem with the assumption that in order to provide the hest service, it is preferable to have exclusive service by either municipalities or private ambulance service. He recalled that when the City turned the non -emergency service over to private meanies, EMS began to show a lame deficit. He pointed out that if the decision was made that the City should have that monopoly, then the City should be extremely sensitive to the private ambulance companies and gradually phase in the new process Council Member Moss commented that the City needs to reduce the subsidizing of the ambulance service and stated that it is his understanding that the City collects about one-third of the charges levied for emergency calls, and Mr. Elizondo stated that their goal is to increase collections by 14% during the first year. Council Member Martin noted that the Council has discussed EMS a great deal this past year and expressed the opinion that ambulance service is a basic service similar to fire, police, etc., and it should be operated in the most efficient manner possible. He suggested that the City could attempt to persuade the County to help fund it in the amount of $800,000, but EMS should not be carried as a separate fund. City Manager Garza stated that the reason for having a separate fund no longer exists since the hospital district has declined to support the service. In response to Mr. Martin's question, Mr. Elizondo explained that staff feels that the City would need about four more units if the City operates the transfer service. Council Member Martin inquired if equipment is the issue rather than additional personnel, and if additional ambulance operators are required, he was of the opinion that there should be firefighters and civilian paramedics, and if staff is not planning to do that, he is prepared to go to private ambulance service. Mr. Martin concluded that the only reason for the City to perform non -emergency transfers was to provide better service for the citizens, and they should not be concerned about making a profit but to concentrate on efficient operation with personnel who are properly trained and properly equipped. City Manager Garza informed the Council that the Firefighters Association understands that the City must have flexibility in staffing and must hire civilians to assist in the service. Mayor Turner expresocd the opinion that EMS is a tasic service; it should not be an enterprise zone; and it should be a regular activity of the General Minutes Regular Council Meeting July 17, 1990 Page 18 Fund. Regarding the level of service, Mayor Turner stated that the City needs to determine what level of service they are going to provide and should ensure the public that one hundred percent of the population will have a four -minute response time. Mayor Turner suggested changing the system of collections. She stated that the County has a responsibility to pay their per capita share for people who live in the County and not the City and that the hospital district was created to pay the cost of indigent care. She also stated that she does not agree with a monopoly. The following individuals expressed support of the continuance of the private ambulance services: Mr. W. D. Willis, 4102 Kingston; Mr. Ramiro Gamboa, 2630 Cloyde; Mt. Robert Fuentes, 1314 Third Street; Mr. E. C. Barrera, 4229 Brentwood; Mr. Andy Vega, 4925 Pels; Mr. Gerardo Sanchez, 1126 Nancy Drive;Ms. Jo Allie Bray, owner of Airline Ambulance Service; Mr. James Pelton, 3205 Coral Reef; Mr. Manual Saucedo, 5213 Carriage lane; Mr Ruben Villarrel, Rotstown; and Mr. Lloyd Fruge, 3325 Bali. Mr. Armando Caceres, President of the Corpus Christi Firefighters Association, stated that the organization is opposed to the plan and is in favor of keeping the current system in place. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 8:00 p.m. on July 17, 1990. * * * * * * * * * * * * * 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 July 17, 1990 which were approved by the City Council on July 24, 1990. WITNESSETH MY HAND AND SEAL, this the etty Tu er Mayor 2 9 °.(-- day of August, 1990. Armando Chapa City Secretary