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HomeMy WebLinkAboutMinutes City Council - 05/21/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 21, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Joe McComb Council Members: Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss Mary Pat Slavik Absent Leo Guerrero mogotLIAED City Manager Juan Garza City Attorney James R. Bray, Jr. Assistant City Secretary Dorothy Zahn Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Pastor John Harkey 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 Galindo. Assistant City Secretary Zahn called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Special Council Meeting of May 11, 1991 and the Regular Council Meeting of May 14, 1991, and there being no corrections or additions, she proclaimed them approved as presented. Mayor Rhodes recognized Commander Don Jaccard, commanding officer of the Coast Guard Cutter Key Biscayne. Commander Jaccard presented the Mayor with a plaque commemorating the Homeporting of the Key Biscayne. Minutes Regular Council Meeting May 21, 1991 Page 2 Dr. Miriam Wagenschein, retiring chairperson of the Transportation Advisory Committee, presented the committee's 1990 annual report. She read a prepared statement and emphasized some of the committee's concerns, such as DWI drivers and the lack of adequate legislation to effectively handle alcohol and drug related problems, synchronized traffic signals on the City's major thoroughfare, and the SPID-Staples ramp reversal project. Mayor Rhodes referred to the Board and Committee appointments and the following appointments were made by the Council. (M91-117) Municipal Arts Commission Sister City Committee Lynda Jones Luis Munoz Transportation Advisory Committee Water Shore Advisory Committee Barry Pillinger - Reappointed Pat Suter - Reappointed Fred Braselton - Reappointed Randy Thompson - Reappointed Mark Ogle - (Security Officer) - Quenten Cook - Reappointed Ratified Vic Menard Senior Community Services Advisory Committee Elva Gonzalez J. V. McDonald Pat Welch * * * * * * * * * * * * * Mayor Rhodes call for the City Manager's report. George Hext, Aviation Director, gave a presentation on the Corpus Christi International Airport Terminal Building Improvements. He reviewed the funding and elaborated on the renovation plan for the main terminal. He stated that the plan will provide detailed engineering plans for all remodeling work needed. Mr. Hext advised that the design plans would be used as funds become available, stating that if the City has the plans on file, it would help Corpus Christi win federal grants for the projects. City Manager Garza stated that the architect and engineer on this project are professionals in the City and that 75 percent of the architectural funds will be spent locally. Minutes Regular Council Meeting May 21, 1991 Page 3 Council Member Martin expressed concern about planning the engineering three years in advance. He stated that a 1986 bond program approved by the voters set aside $280,000 for terminal renovations and he expressed reservations about a commitment for $2.2 million. He recommended that detailed designs be drawn only for the projects which the City can presently afford. City Manager Garza stated that it would be preferable to have the designs all drawn at the same time so the project would not look as if it were put together piecemeal. A question and answer period followed and City Manager Garza and Aviation Director Hext responded to specific questions raised by the Council. They discussed the issue of the Discretionary Funds and the time frame of their availability. A broad discussion ensued and Mayor Pro Tem McComb expressed concern that the City did not continue with the services of the local architect who did the recent airport improvements, and City Manager Garza responded that staff believes that Wilson Kullman- Architects submitted the best proposal and will give the City the best design for the future of the airport. Responding to a question from Council Member Slavik in regard to the purchase of land for a larger airport area, Mr. Hext stated that the City received final approval from the FAA on the updated master plan and can begin to purchase the land. He stated that the master plan which was approved last November will be part of this total program. He stated that the City will outgrow the present terminal in about 15 to 20 years. Assistant City Secretary Zahn polled the Council for their votes and the following motion was passed: 1. M91-118 Motion approving professional services agreement with: a. Wilson*Kullman-Architects in the amount of $137,000 for architectural services to prepare renovation plans for the Terminal Building, and b. Mody K. Boatright, P.E. in the amount of $22,975 to prepare an inspection report and contract documents for the removal, containment, and abatement of Asbestos Containing Materials, Minutes Regular Council Meeting May 21, 1991 Page 4 all relating to the Corpus Christi International Airport Terminal Improvements Project. The foregoing motion passed by the following vote: Rhodes, Moss, Slavik, Galindo and Longoria voting, "Aye"; McComb, Martin and McNichols voting, "No"; Guerrero absent. * * * * * * * * * * * * * Relative to the Surfside/Timon Boulevard one-way loop circulation, Carl Crull presented a general overview and discussed the improvements for the remodeling of Corpus Christi Beach. He reviewed the phases of the project and discussed the time period for the improvements. He stated that the Highway 181 improvements are scheduled for completion some time in December and the City's segment of work will be done in mid-June. Responding to a question from Council Member Moss, Mr. Crull stated that it will be easier to reach the Aquarium when the City's improvements are complete. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: 2. ORDINANCE NO. 021165 AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-250, SCHEDULE 1 -ONE WAY STREETS AND ALLEYS, BY CONVERTING SECTIONS OF SURFSIDE AND TIMON BOULEVARD INTO A ONE-WAY PAIR TRAFFIC SYSTEM BETWEEN ELM STREET AND BEACH AVENUE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. Responding to a question from Council Member Martin, City Manager Garza justified the reason this item was not a three -reading ordinance. ************* Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3 thru 18. She tabled Item 15 for one Minutes Regular Council Meeting May 21, 1991 Page 5 week, and Council Members requested that Items 3, 4, 5, 7, 11 and 12 be withheld for discussion. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 6. M91-122 Motion approving supply agreements for brass service fittings in accordance with Bid Invitation No. BI -0070-91 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $105,048.65. The terms of the agreements shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the suppliers and the City Manager or his designee. These fittings will be stored in the Warehouse and used by the Water Department for new and replacement water lines. Funds have been budgeted for FY 1990-91 by the Water Department. The Rohan Co. San Antonio, TX $76,031.15 Grand Total: $105,048.65 International Supply Corpus Christi. TX $29,017.50 The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 8. M91-124 Motion awarding a contract to the accounting firm of Ernst & Young to perform the financial and compliance audit for fiscal year ending July 31, 1991 for a fee not to exceed $67,000. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye'; Guerrero absent. 9. M91-125 Motion authorizing a contract with Texas Pipe Fabricators, Inc. for $16,000 to provide all labor and equipment necessary for the repair and reinstallation of the Storm Water Rake Assembly at Pump Station "A". Minutes Regular Council Meeting May 21, 1991 Page 6 The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 10. M91-126 Motion approving the submission of a grant application to the State Department of Highways and Public Transportation for funding of an Occupant Protection Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the Texas Traffic Safety Program contract and designating the Chief of Police as the official representative of the city. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 13. ORDINANCE NO. 021168 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Del Mar Area, Phase II - 1. Palmero Street, from Santa Fe Street to South Staples Street; 2. Clifford, Cole, Naples, and Atlantic Streets from Santa Fe Street to Alameda Street; 3. Del Mar Boulevard, from Santa Fe to Alameda Street; 4. Santa Fe Street, west side only, from Ayers Street to Louisiana Avenue; 5. Louisiana Avenue, North Roadway, from Santa Fe Street to Alameda Street; and 6. Lawnview Street, from Louisiana Avenue to Ayers Street; FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 14. M91-127 Motion awarding a contract in the amount of $2,064,758.90 to Asphalt Paving & Construction Company, to construct improvements in the Del Mar Area, Phase II, consisting of all streets, except Southern Street, in the area bounded by Santa Fe, Louisiana, Alameda and Ayers. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 15. Tabled Minutes Regular Council Meeting May 21, 1991 Page 7 e e e• - . e • Y • • OF MEMBERS OF THE ANIMAL CONTROL ADVISORY BOARD. 16. FIRST READING CLOSING AND ABANDONING A 15 -FOOT WIDE UTILITY EASEMENT WITHIN LOT 7A, BLOCK 28, BEACH PORTION, SUBJECT TO CERTAIN CONDITIONS. The foregoing ordinance passed on first reading by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 17. FIRST READING AUTHORIZING THE RENEWAL OF A ONE YEAR RESIDENTIAL AND GRAZING LEASE AGREEMENT WITH MR. AND MRS. JOHN Y. HANZALIK FOR A 26 -ACRE TRACT OF LAND ON HEARN ROAD, WHICH IS A PORTION OF THE O. N. STEVENS PLANT PROPERTY, AND APPROVING THE RENTAL FEE OF $900 PER MONTH. The foregoing ordinance passed on first reading by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 18. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, INCREASING STATE SPEED LIMITS IN CERTAIN ZONES; AND PROVIDING FOR THE INCREASE OR DECREASE OF SPEED LIMITS UPON CERTAIN STREETS WITHIN THE CITY OF CORPUS CHRISTI. The foregoing ordinance passed on first reading by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. ............. Minutes Regular Council Meeting May 21, 1991 Page 8 Council Member McNichols commented on Item 3, approving the purchase of three refrigerated wastewater samples, and inquired about the eighteen percent increase in price, and City Manager Garza stated that the samplers are exactly the same but at an increased price. On Item 4, approving the purchase of an asphalt distributor, Council Member McNichols inquired why the City is replacing the distributor, and City Manager Garza stated that the distributor is worn out. Pertaining to Item 5, approving a supply agreement for custodial service at the Police and Municipal Court facilities and surrounding police substations, Mr. J. E. O'Brien, 4130 Pompano, inquired about the fee for the service in comparison to the old police building He questioned whether it is proper business practice to approve spending money that has not been appropriated and inquired if there would be a reduction in price when the jail is consolidated. City Manager Garza stated that the new police building is much larger than the old building and will be more expensive to maintain. He stated that the item is a supply term agreement and is subject to appropriation in next year's budget. He noted that when jail consolidation takes effect, the price will be reduced. Mr. Stanley Andrick, 3902 Westland, suggested use of jail inmates to clean the jail, and City Manager Garza stated that it is a City jail and the prisoners do not stay long enough to do that kind of activity. He pointed out that the City does have a work release program and advised that the county jail uses their inmates for custodial service. Relative to Item 7, approving the purchase of additional cubic yards of select fill material, Council Member Galindo recommended that the City do everything possible to take advantage of retaining fill material on City projects so material would not have to be purchased. The following motions were passed by the Council: 3. M91-119 Motion approving the purchase of three refrigerated wastewater samplers from ESMI, Inc., Dallas, Texas, for the total amount of $13,934.01, based on low bid. The samplers are budgeted in the 1990-91 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. Minutes Regular Council Meeting May 21, 1991 Page 9 4. M91-120 Motion approving the purchase of an asphalt distributor in accordance with Bid Invitation No. BI -0155-91 from Cooper Equipment Company, San Antonio, Texas, for the amount of $116,706 based on low bid meeting specifications. The equipment is used by the Street Department and was budgeted in the 1990-91 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. 5. M91-121 Motion approving a supply agreement for custodial service at the main Police and Municipal Court facilities and surrounding substations in accordance with Bid Invitation No. BI -0073-91 with Dutch Girl Cleaning Service, Corpus Christi, Texas based on low bid for an annual expenditure of $87,681.60. The term of the contract shall be twelve months with option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 1990-91. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye'; Guerrero absent. 7. M91-123 Motion approving the purchase of additional 40,000 cubic yards of select fill material from Heldenfels Brothers, Inc. for a total cost of $52,000 for use in backfilling an additional filter basin at the Cunningham Water Treatment Plant which is necessary to preserve and protect the public safety. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye'; Guerrero absent. Responding to a question from Council Member Moss on Item 11, amendment No. 2 to Federal Aviation Administration Grant, City Manager Garza stated that the City will endeavor to recover all monies which are due to them in regard to the current litigation case. Minutes Regular Council Meeting May 21, 1991 Page 10 Assistant City Secretary Zahn polled the Council for their votes and the following resolution was passed: 11. RESOLUTION NO. 021166 AUTHORIZING THE CITY MANAGER TO ACCEPT AMENDMENT NO. 2 FAA GRANT NO. 3-48-0051-09 TO INCREASE THE GRANT AMOUNT FROM $1,749,964 TO $1,881,779.60. The foregoing resolution passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. On Item 12, terms for Board, Commission and Committee members, Council Member Martin inquired if anything else that was adopted in the January Charter election has not been amended in the City Code, and City Attorney Bray responded that nothing he is aware of but he will check into the matter. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: 12. ORDINANCE NO. 021167 AMENDING CITY CODE SECTION 2-67 REGARDING THE SIX YEAR LIMIT ON SERVICE OF BOARD, COMMISSION, AND COMMIIIFE MEMBERS, AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. Mayor Rhodes called for consideration of Item 19, Ad -Hoc Foundation Standards Committee. City Manager Garza provided background information and stated that the Building Code Board of Appeals recommends that a committee be appointed to review and study foundation standards. Minutes Regular Council Meeting May 21, 1991 Page 11 Council Member Martin inquired as to the specific recommendation of the board, and City Manager Garza replied that it would be to authorize them to appoint the committee. Mr. Barry Pillinger, 6606 Clarion, stated that the Boards and Commissions Orientation Manual specifies that no members can be appointed to the subcommittees unless they are already on the boards/committees. Discussion ensued and City Attorney Bray stated that the ordinance stipulates that no Boards shall appoint persons outside their membership to subcommittees unless approved by the Council. He stated that a board can appoint a subcommittee from their membership but if they want to appoint outside their membership, they have to have Council approval. He stated that the Council can authorize the board to choose the members of a subcommittee themselves. It was the consensus of the Council that the appointments not be brought before them. Assistant City Secretary Zahn polled the Council for their votes and the following motions were passed: 19. M91-128 Motion authorizing the Building Code Board of Appeals to appoint an Ad hoc Foundation Standards Committee for a period of six months to develop specific recommendations for the establishment and/or modification of existing Building Code Foundation Standards. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Relative to Item 20, Regional Storm Water Master Plan Study, City Manager Garza provided background information and noted that this is an amendment in the contract with Camp, Dresser and McKee to include supplemental services in providing digital maps and a digital database of information developed during the Regional Storm Water Master Plan Study project for use on the City's GIS system. Responding to a concern from Mayor Pro Tem McComb that Nueces County shall have no financial responsibility for the services, City Manager discussed the overall contract Minutes Regular Council Meeting May 21, 1991 Page 12 and stated that this is a plan the City had to do and to have the other governmental entities join with the City afforded a better chance to get the matching grant from the Texas Water Development Board. Discussion ensued and City Manager Garza answered questions posed by the Council. Mr. Garza stated that this service enhances the use of the City's GIS system or acceptance of it by other neighboring entities. He stated that the more information that is on the system the more valuable it becomes. Assistant City Secretary Zahn polled the Council for their votes and the following motion passed: 20. M91-129 Motion amending the contract with Camp, Dresser & McKee to include supplemental services in providing digital maps and a digital database of information developed during the Regional Storm Water Master Plan Study project for use on the City's GIS system in the amount of $29,285. The foregoing motion passed by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye; Guerrero absent. Council Member Martin made a motion to remove from the table a resolution approving the South Central Area Development Plan. The motion was seconded by Council Member Galindo and passed unanimously; Guerrero absent. Mr. Doyle Willis, 4102 Kingston, Vice Chairman of the Nueces County Historical Commission, referred to his previous presentation and stated that there was 110 intent to interject any time frame into the basic plan itself other than what is enumerated in the plan. He strongly recommended that the amendment to change dates on the old Court House action be rescinded, stating that the original time proposal is the most realistic. Mayor Rhodes advised Mr. Willis that the Council has no interest in rescinding their previous action. Mr. David Colliton, 2218 Post Oak, stated that there are three areas in the existing plan that he believes will have long term detrimental effects and commented on policy statements B-13, B-15 and B-28 in regard to the signage requirements. Minutes Regular Council Meeting May 21, 1991 Page 13 Mayor Rhodes advised Mr. Colliton that both the Heart of Corpus Christi and the Central Business District Association approved the plan. Council Member Martin stated that no concerns about signage requirements have been expressed by any of the downtown businesses. Mr. Colliton stated that he is not concerned about existing businesses but for the future retail/restaurant businesses that will be building in the future, stating that he is concerned about marketing in the future. Planning Director Harvey stated that at the request of the Heart of Corpus Christi, staff considered eliminating roof signs for new development. He stated that it would not affect existing businesses. Mr. Bob Tucker, 3222 Harpers Ferry, Chairman of the Buccaneer Commission, expressed concern about the plan in regard to the permanent festival site, stating that the organization did not want to move its activities from the bayfront. Mr. Harvey stated that during the public sessions of the Planning Commission, they attempted to achieve a permanent festival site for all types of festivals but there was no intent to require all festivals to use that site and prohibit them from using others. Following a broad discussion, Mayor Rhodes stated that the Commission is looking for an assurance clause that they can hold their Buccaneer ceremonies on the bayfront. She made a motion that the plan be amended to insert language in policy statement E-2 wherein the development of a large festival facility does not make it mandatory that all events be held in the festival area under the Harbor Bridge. The motion was seconded by Council Member Galindo. Council Member Slavik expressed concern about locating the permanent festival site under the Harbor Bridge, stating that it would be too congested. Council Member Martin referred to a previous City Council and stated that they wanted a permanent festival site; they considered three sites; and they expressed opposition to the Coliseum site as not suitable for large festivals. He expressed concern that by adopting this plan, the Council is indicating that the festival area will be down by the ship channel. Responding to a question from Council Member Slavik, Mr. Harvey stated that the Heart of Corpus Christi has recommended that the Coliseum site be used for the festival park and the Planning Commission has recommended the Harbor Bridge site. Minutes Regular Council Meeting May 21, 1991 Page 14 Following more discussion, the motion passed unanimously; Guerrero absent. Council Member Martin expressed concern about the language in policy statement B-6 regarding the old Court House. He stated that if the City has to tear the structure down, hopefully the way to pay for it would be by selling the land for some private use. He stated that the language may be prohibitive from a free-market use of that property. Mr. Harvey explained the intent of the language and stated that if the old Court House could not be preserved, the idea would be to try and preserve as many pieces of it as possible. Mr. Donald Greene, 512 Furman, expressed concern about the festival site area and stated that another Council previously approved a festival site area. He stated that they appointed a Bayfront Activities Committee who recommended the site of the Coliseum as the permanent festival site, and the Council agreed with the recommendation. He suggested that the plan be approved without the festival park area. He also pointed out that the Bayfront Activities Plan II Committee has recommended the development of the park in the McCaughan Park/Coliseum/City Hall/Sherrill Park area. Assistant City Secretary Zahn polled the Council for their votes and the following resolution passed as amended: 21. RESOLUTION NO. 021169 Approving the South Central Area Development Plan, An Element of the City of Corpus Christi Comprehensive Plan, establishing City Council's development objectives, policies and programs for the downtown area. The foregoing resolution passed, as amended, by the following vote: Rhodes, Martin, McComb,McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye'; Guerrero absent. Mayor Rhodes opened the public hearing on changing the name of Laguna Street, from the east right-of-way of Shoreline Boulevard to the west right-of-way line of Mesquite Street, to John Sartain Street. No one opposed the street name change. Minutes Regular Council Meeting May 21, 1991 Page 15 Mayor Rhodes recognized Mr. Bill Sartain, the father of the slain police officer, who expressed appreciation for this honor in memory of his son. Police Chief Henry Garret gave a brief informational report of the incident involving Officer John Sartain and discussed the naming of streets and parks in memory of slain police officers. Council Member Slavik inquired about the criteria for changing a street name, and Carl Crull, Engineering Services Director, stated that there is a procedure outlined in the Code of Ordinances and he elaborated on the procedure. A motion was made by Council Member Martin to close the public hearing; seconded by Council Member Galindo and passed unanimously, Guerrero absent. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance passed on first reading: 22. FIRST READING CHANGING THE NAME OF LAGUNA STREET, FROM THE EAST RIGHT- OF-WAY OF SHORELINE BOULEVARD TO THE WEST RIGHT-OF-WAY LINE OF MESQUITE STREET, TO JOHN SARTAIN STREET. The foregoing ordinance passed on first reading by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning application: 23. Case No. C491-2 City of Corpus Christi, Texas: For a change of zoning from "A-2" Apartment House District and "I-2" Light Industrial District to "B-4" General Business District on Lots 7, 8, 9, 10, 11, 12, and 12A, Block 53; Lots 1, 2, 2R, and 4, Block 54; Blocks 56, 84, 85, 86, 88, 99, 100, 101, 102, 103, 104, A-1, and A-2, Brooklyn Addition, located in an area bounded by Avenue F, Burleson Street, U.S. Highway 181, and Breakwater Avenue. Mayor Rhodes stated that the Planning Commission and staff both recommend approval of a "B-2" Bayfront Business District for the support commercial area bounded by Causeway Boulevard, Burleson Street, U.S. Highway 181 and Breakwater Avenue and "B-3" Minutes Regular Council Meeting May 21, 1991 Page 16 Business District for the highway commercial area bounded by Avenue F, Burleson Street, Causeway Boulevard and Breakwater Avenue. There was no opposition to the zoning application. In response to questions raised by Council Member Slavik, Planning Director Harvey discussed the rezoning and stated that the highway commercial area will not be "B-4." He stated that it will be "B-3" zoning which is essentially the same as "B-4" but does not allow residential. He stated that it is a higher form of zoning. Mrs. Slavik expressed concern about the opposition received from the Diocese of Corpus Christi and asked how their concerns would be addressed, and Mr. Harvey stated that staff is cognizant of the church's concerns and considered all the alternatives. He stated that staff believes that the "B-2" zoning would provide the greatest compatibility with the church as well as with those few residential uses that are in the neighborhood. Responding to another question from Mrs. Slavik, Mr. Harvey stated that the Council requested that the rezoning be pursued to implement the area plan. He reviewed the logic for the zoning and explained the intention of the recommendation. Mr. Al Harden, Pirates of the Gulf and Aqua Park, Inc., 2828 E. Surfside, stated that his company purchased the remainder of Block 53 to put in the second phase of the golf course and it will require "B-4" zoning. He requested consideration to change the zoning during this public hearing. Mr. Harvey stated that if a property owner wants to expand their commercial uses, staff will consider a rezoning request based on that particular project. He stated that the property which Mr. Harden referred to is zoned "A-2" and staff believes it should be zoned commercial but not "B-4." Mayor Rhodes stated that it is not appropriate to add a private citizen's zoning request to the City's zoning request. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Longoria and passed unanimously; Martin absent at the time the vote was taken; Guerrero absent. Assistant City Secretary Zahn polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021170 Minutes Regular Council Meeting May 21, 1991 Page 17 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CITY CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT ON LOTS 7, 8, 9, 10, 11, 12, AND 12A, BLOCK 53, LOTS 1, 2, 2R, AND 4, BLOCK 54, AND ALL OF BLOCKS 56, 84, 85, 86, 88, AND A-2 BROOKLYN ADDITION; AND FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-3" BUSINESS DISTRICT ON ALL OF BLOCKS 99, 100, 101, 102, 103, 104, AND A-1, BROOKLYN ADDITION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Martin absent at the time the vote was taken; Guerrero absent. Mayor Rhodes called for the discussion on proposed legislation to permit school district elections on the same date as municipal elections. Council Member McNichols gave an overview of the proposed legislation. Council Member Galindo pointed out that the proposed resolution does not include the word "certain" in reference to schools. Council Member McNichols made a motion to amend the resolution and add the word "certain" to read as follows: "supporting passage of legislation amending election code section 41.0051 to permit certain school district elections on the same date as municipal elections." The motion was seconded by Council Member Longoria and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes and the resolution passed as amended. RESOLUTION NO. 021171 SUPPORTING PASSAGE OF LEGISLATION AMENDING ELECTION CODE SECTION 41.0051 TO PERMIT CERTAIN SCHOOL DISTRICT ELECTIONS ON THE SAME DATE AS MUNICIPAL ELECTIONS. Minutes Regular Council Meeting May 21, 1991 Page 18 The foregoing resolution passed, as amended, by the following vote: Rhodes, Martin, McComb, McNichols, Moss, Slavik, Galindo and Longoria voting, "Aye"; Guerrero absent. ............. Mayor Rhodes reminded the Council to submit their five goals to her office this week and she will send the accumulated data to the Council on Friday. Mayor Rhodes called for Council liaison and other reports. Council Member Slavik advised that she met with the Sister City Committee and reported two of their concerns. She stated that Dr. Kost has requested that the City help in the promotion of the Toledo, Spain exchange program. She noted that two more students are needed and she has a list of the criteria. Mayor Rhodes requested that the criteria be given to the City Secretary so that information could be provided to interested parties. Mrs. Slavik stated that the Council is highly encouraged to attend the July International Sister City Convention in Chicago in July in order to try and obtain a future convention in Corpus Christi. Mayor Rhodes stated that it has not been decided whether the City will bid on that convention. She suggested delaying a decision on the trip to Chicago until it is certain if the City will bid on it. Mr. Garza stated that he will present his report to the Council in about two weeks. Mrs. Slavik spoke of three concerns in Flour Bluff. She stated that she would like a stronger ordinance which would allow staff to impose a fine on the residents who trash their properties. She stated that she would like to see that everyone in Flour Bluff is required to hook up to the City's sewage system. She inquired why the City is allowing trailers and RV's to be replaced, stating that they were grandfathered in and were supposed to be phased out, and City Manager Garza stated that he will check into the matter. Mayor Pro Tem McComb encouraged the Council to attend the Thursday meeting of the Private Industry Council at the JTPA building. City Manager Garza informed the Council that four proposals had been submitted on the privatization of the City's landfill. He identified the companies and stated that the City also submitted a proposal. Minutes Regular Council Meeting May 21, 1991 Page 19 The Council went into closed session pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding CP&L audit negotiations, and possible action in open session approving final settlement with CP&L regarding overpayment at Water and Wastewater Plants. * * * * * * * * * * * * * Mayor Rhodes reconvened the Council Meeting and made a motion to approve an $800,000 settlement with Central Power and Light Company including $250,000 cash and $550,000 in construction projects, and transfer $500,000 from the Bond Fund to the Utility Fund. The motion was seconded by Council Member Moss and passed unanimously. Council Member Martin summarized events leading up to the settlement and commended the staff and CP&L for resolving the problem. Mayor Rhodes recessed the Regular Council Meetings to conduct the meetings of the Corpus Christi Housing Finance Corporation, the Corpus Christi Industrial Development Corporation, the Corpus Christi Health Facilities Development Corporation, and the Corpus Christi Housing Improvement Corporation. * * * * * * * * * * * * * Mayor Rhodes reconvened the Council Meeting and called for petitions from the audience. Council Member Longoria read a statement on behalf of Ms. Scotty Anslinger, Northwest Business Association, in regard to the McKenzie Road and Nueces Park improvements. Mr. Stanley Andrick, 3902 Westland, spoke about religion in City government. Mr. Donald Valentine, 729 Orleans, addressed his comments to Mayor Pro Tem McComb and Council Member Galindo in regard to raising money for the Police Department by taxing alcoholic beverages. Council Member Galindo stated that he is working with staff to try to bring a reasonable cost into attempting to finance the extra work for the Police Department in dealing with the DWI problems. Council Member Moss advised that Mr. Lonnie Jones, Associated Builders and Contractors, Inc., had presented invitations to the Council for the Associated Builders and Contractors' graduation. Minutes Regular Council Meeting May 21, 1991 Page 20 Mr. Earl Wilder, 517 Williams, representing the retired firefighters, spoke in regard to the low pensions of the retired firefighters. Council Member Martin noted that under the law the City's requirement is to fund 9 percent to the fire pension but the City is contributing 12 percent. He asked if the City could revert back to 9 percent and use the 3 percent for updated credits, and City Manager Garza indicated that a written report will be provided the Council after researching Mr. Martin's recommendation. There being no further business to come before the Council, Mayor Rhodes adjourned the Council Meeting at 6:10 p.m. on May 21, 1991. 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 May 21, 1991, which were approved by the City Council on May 28, 1991. WITNESSETH MY HAND AND SEAL, this the 20th day of August, 1991. 41d‘d— Armando Chapa City Secretary