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HomeMy WebLinkAboutMinutes City Council - 08/27/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 27, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. David McNichols Council Members: Cezar Galindo Betty Jean Longoria Edward Martin Joe McComb Clif Moss Mary Pat Slavik Absent City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend E. F. Bennett, a retired minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Galindo. 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 Rhodes called for approval of the Minutes of the Regular Council Meeting of August 13, 1991, and there being no corrections, she proclaimed them approved as presented. Mr. Mike Carrell, Vice Chairman of the Lady Lex Task Force, presented a proposal by the Corpus Christi Area Convention and Visitors Bureau and the Lady Lex Museum on the Bay Association for a funding plan to bring the USS Lexington aircraft carrier to Corpus Christi Bay as a floating museum. The plan calls for the City to issue $3 million in certifications of obligation which would be paid off with hotel/motel tax revenues currently pledged to the Corpus Christi Area Convention and Visitors Bureau. Minutes Regular Council Meeting August 27, 1991 Page 2 Mr. Bill Pruet, 5322 St. Andrews, Chairman of the Area Convention and Visitors Bureau, stated that the bureau has unanimously supported a resolution whereby they would commit to provide additional funding to complete the relocation, berthing and operation of the USS Lexington in Corpus Christi operating it as a premier attraction museum. A brief question and answer period followed. Council Member Slavik expressed concern about the rush and why the funding request was not presented to the Council earlier. City Manager Garza stated that this is a solid proposal and the way that a bond issue should be done. He stated that the City's financial advisor has no problem with the way the proposal is structured. Mr. Pruet reviewed the funding, stating that the proposal specifies that whether or not there are increases in bed tax revenues, the Area Convention and Visitors Bureau is accepting the responsibility for repayment of the debt services of the bonds which they are requesting the City to allow to be issued. Council Member Galindo suggested that if the Lady Lex is a successful project, the City Manager should look into reducing the amount of funding for the Convention and Visitors Bureau regarding the percentage of their basic allotment. Mr. Harold Hoppenrath, 338 Clifford, expressed the concern that the Convention and Visitors Bureau might come back to the City for additional funding if they anticipate defaulting on the bonds, and City Manager Garza stated that this would not occur because we would be pledging first dollars from the collections in the hotel/motel property taxes, noting that we are guaranteeing the borrower that we will first pay off the bonds and then we will support operations. Mr. J. E. O'Brien, 4130 Pompano, commented on the outstanding debt of the City. He suggested using the funding from the Economic Development Corporation. He stated that the Executive Committee of the CC Taxpayers Association has voted unanimously to oppose the use of any public funds for the Lady Lex project unless the expenditure of those funds is approved by the voters of Corpus Christi. Mr. Louis Lovelace, 1549 Casa Grande, and Mr. Raymond Hasker, 1813 Wallace, expressed opposition to the $3 million requested for the project and recommended that the matter be put before the voters. Ms. Mary Beth Nelson, 2721 Erie Drive, expressed concern about the figures and suggested that there should be more research done on the proposal. Mayor Pro Tem McNichols clarified that the projections indicate that we will continue to see an increase in the revenues generated by the hotel/motel taxes. He stated that the initial $300,000 to fund the project comes from the initial bed tax that is collected; Minutes Regular Council Meeting August 27, 1991 Page 3 the first portion of that money under this proposed plan would go to pay the obligation; and the rest of the funds that are received for that year would be used for other projects. Council Member Martin concurred with Dr. McNichols and stated that the risk is being taken by the tourist industry wherein they will be diverting dollars currently being spent to attract tourists to help bring in other major tourist attractions. Council Member Slavik stated that she has too many concerns. She questioned why this wasn't presented to the Council during the budget hearings and inquired about the private dollars that were promised for the project. She stated that she would only support this source of funding if it were put to a vote of the people. Council Member Longoria expressed support of the project, stating that she has confidence in the City and the hotel/motel tax. Mayor Rhodes stated that when this was first presented, she had some concerns, stating that under the current structure, she believes it is a responsible package. She expressed appreciation to everyone responsible for the project. City Secretary Chapa polled the Council for their votes and the following resolution was passed: 1. RESOLUTION NO. 021222 SUPPORTING THE APPLICATION OF THE CORPUS CHRISTI AREA CONVENTION AND VISITORS BUREAU TO OBTAIN THE U.S.S. LEXINGTON TO BE USED AS A FLOATING NAVAL AVIATION MUSEUM. The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb and Moss Slavik voting, "Aye"; Slavik voting, "No"; Guerrero absent. Mayor Rhodes declared a five-minute recess. Y•#••! Y• Y Y Y• t Mayor Rhodes reconvened the Council Meeting and called for the presentation on the Water Committee. Mr. F. Michael Speed, 726 Brock, updated the Council on the activities of the various sub -committees of the Water Resources Committee and reviewed the results of a number of issues. He stated that we are not in a water crisis or shortage at this time; we will need alternative water sources by the year 2020; and we need to form a committee from San Antonio, Corpus Christi, Seguin, Gonzalez, Victoria, etc. to address water sources on a regional basis. Minutes Regular Council Meeting August 27, 1991 Page 4 Mr. Speed then discussed specific recommendations for the fresh water release plan such as, 1. assemble a scientific team to review the T.A.C. data, methodology and conclusions; 2. get salinity monitoring equipment as soon as possible; 3. demand adequate representation on the oversight committee for consumers and ratepayers; 4; have the Water Committee hold a public hearing in Corpus Christi to explain the rationale for the operating plan; 5. the proposed rules must expire in five years and be subject to renegotiation as soon as new data is available; 6. hold firm on not surrendering our water rights and insist on having absolute first call on all water; 7. the Texas Water Commission should acknowledge that the sixty -percent return ration is incorrect; 8. any operating plan must count returns from Baffin Bay to Copano Bay - including stormwater discharges; 9. any operating plan must be based on the fundamental relationship that as demand increases, fresh water releases decrease; 10. the Council should aggressively seek and consider all administrative and legal solutions. He urged the Council to work with the Water Commission to try to resolve this issue and explore every option available to them. Mr. Speed responded to specific questions raised by the Council and after a broad discussion, Council Member Martin suggested that this issue be discussed at a workshop meeting because of the many concerns and various questions. Mayor Rhodes requested that the Council be given a copy of Mr. Speed's specific recommendations and staff's responses to the recommendations. Mayor Pro Tem McNichols stressed the importance of establishing a firm plan and taking action as necessary because the City is on an enforced timetable. Mayor Rhodes stated that she will set up a meeting with the various mayors and asked for a staff recommendation as to what cities should be invited. Following more discussion, Council Member Martin inquired about which water management plan the City is agreeing to, and Deputy City Manager Garza stated that the water management plan is that of the Texas Water Commission; it is part of the interim order that the City currently has; and it is at our discretion to implement. Council Member Martin stated that the City should go by its own plan. Y t t••••• Y i# 3 Y A distinguished Budget Award for budget presentation FY 1990-91 was presented to Rosie Vela, Director of Finance, by a representative of the Government Finance Officers Association. Ms. Vela recognized individuals in the Management and Budget office. i t i i t* t## t Y Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3 thru 23, and Council Members requested that Items 3, 4, 7, 9, 10, 19 and 20 be withheld for discussion. Minutes Regular Council Meeting August 27, 1991 Page 5 City Secretary Chapa polled the Council for their votes and the following were passed: 5. M91-232 Motion approving the purchase of two defibrillator/monitors from Physio -Control Corporation, Redmond, WA, for the total amount of $19,102.20 based on sole source. The defibrillator/monitors will be used by the E.M.S. Division. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 6. FIRST READING AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING COMMI F1'EE, OF THE CITY CODE OF ORDINANCES TO INCREASE THE NUMBER OF MEMBERS ON THE STEERING COMMI 1 IEE OF THE SIS 1 E CITY COMMITTEE FROM 15 TO 21; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 8. SECOND READING AMENDING THE CODE OF ORDINANCES, CHAPTER 4, ALCOHOLIC BEVERAGES, SECTION 4-1, ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL PROPERTY AND IN CERTAIN PARK AREAS; AND CHAPTER 36, PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES, SECTION 36- 11, CURFEW; ALCOHOLIC BEVERAGES, BY PROHIBITING THE POSSESSION, USE, OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE IN CERTAIN DESIGNATED PARKS AND RECREATIONAL FIELDS DURING CERTAIN HOURS. The foregoing ordinance passed on second reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 11. M91-235 Motion authorizing the City Manager or his designee to execute a one-year agreement for services in the amount of $30,000 with the Harbor Playhouse, Inc. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. Minutes Regular Council Meeting August 27, 1991 Page 6 12. M91-236 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Independent School District for an education program at the Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 13. M91-237 Motion authorizing the City Manager or his designee to approve an agreement with the Nueces County Mental Health and Mental Retardation Community Center to provide for the City to pay $5,000 monthly for purchase of services from the Community Center during fiscal year 1991-92, and for payments of amounts approved in the annual budget in future fiscal years. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 14. M91-238 Motion authorizing the City Manager or his designee to execute an Agreement Amendment with the Boys and Girls Club of Corpus Christi which provides $127,000 from the FY 1991 CDBG Program for additional improvements to the facility located at 3902 Greenwood. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 15. M91-239 Motion authorizing the City Manager or his designee to execute an agreement with Dos Mundos Day School, Inc. which provides $19,000 from the FY 1990 (16th Year) CDBG program for the removal of existing playground equipment, renovation of the existing playground area and purchase and installation of new playground equipment at the Dos Mundos site, 849 Erwin Street. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 16. M91-240 Motion approving a request from Bayfest, Inc. to close the following street sections for Bayfest '91: Minutes Regular Council Meeting August 27, 1991 Page 7 • N. Shoreline Boulevard, west leg, between westbound Interstate 37 and Hughes Street, from Wednesday, September 25, through Wednesday, October 9, 1991, • N. Shoreline Boulevard, east leg, between westbound Interstate 37 and Hughes Street; No. Water Street, between Fitzgerald Street and Hughes Street; Belden Street, Power Street, Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street, each between Water Street and North Shoreline Boulevard, from Friday, October 4, through Sunday, October 6, 1991. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 17. M91-241 Motion awarding a contract in the amount of $34,955 to Malek, Inc. for the replacement of the boiler at the Natural Sciences Museum. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 18. M91-242 Motion awarding a contract in the amount of $340,904 to W.T. Young Construction to replace the existing 24 -inch force main on Saratoga Boulevard between Staples Street and Cimmaron Road. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye'; Guerrero absent. 21. ORDINANCE NO. 021225 APPROVING THE WRII IEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF SARATOGA BOULEVARD AND RODD FIELD ROAD; DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL DURING A MEETING OF THE CITY COUNCIL ON SEPTEMBER 24, 1991, 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: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 22. FIRST READING Minutes Regular Council Meeting August 27, 1991 Page 8 CLOSING AND ABANDONING A 4 -FOOT WIDE BY 20 -FOOT LONG UTILITY EASEMENT ALONG THE COMMON LINE OF LOTS 25 AND 26, BLOCK 23, LINDALE PARK SECTION II; SUBJECT TO CERTAIN PROVISIONS. The foregoing ordinance was passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 23. ORDINANCE NO. 021226 AUTHORIZING THE EXECUTION OF A 5 -YEAR LEASE AGREEMENT WITH THE TRACT 16 NEIGHBORHOOD COUNCIL, INC. FOR LOT 7-D, W. K. BLAKE ADDITION, LOCATED AT 2835 BLAKE STREET; APPROVING THE RENTAL AMOUNT OF 41.00; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. Relative to Item 3, approving a supply agreement for approximately 30 tons of sulfur dioxide, Council Member Slavik inquired why the dechlorination is required by the EPA, and City Manager Garza stated that chlorine kills microbes, and if allowed in the estuaries, can cause some reactions that cause cancer in the animal life. He stated that even though the EPA first required the City to put it in to kill the microbes, they are now requiring the City to take it out before the water is released to the bays and estuaries. Mayor Pro Tem McNichols pointed out that the City will spend about $90,000 over the next several years strictly for dechlorination requirements at the wastewater treatment plants under EPA regulations. Council Member Moss inquired if this will increase the odors at the plants, and City Manager Garza stated that it would not. On Item 4, approving a supply agreement for large lamps, Council Member McComb stated that this is the second purchase of a continuing cooperating purchasing effort of the Joint Governmental Purchasing Group, noting that the City will realize a 3.8 percent annual savings. Responding to a question from Council Member Moss on Item 7, airport surveillance radar lease, City Manager Garza stated that this is a request of the F.A.A. and is their preferred lease language. On Item 9, Heart of Corpus Christi, Council Member Slavik inquired about the salary of the Director of the Heart of Corpus Christi, and City Manager Garza stated that he Minutes Regular Council Meeting August 27, 1991 Page 9 would provide Mrs. Slavik with the figure. Mrs. Slavik referred to the Management District and asked if the City will be expected to fund both organizations, and if so, she is against spending more than $100,000 total for both groups. City Manager Garza stated that nothing has changed since this was approved during the budget process. These monies are the same monies that would apply to the Management District. He stated that the City is putting $100,000 into downtown via the Heart and it is contemplated that the Heart will provide administrative services for the downtown Management District. On Item 10, supplemental agreement with EDC, Council Member Slavik inquired as to how much money the City has spent on the Lexington project, including the $25,000 which was recently budgeted to the EDC, and the source of the funds. City Manager Garza stated that the $25,000 is the original amount and he is not aware that the city has pledged any additional dollars. He stated that the Council previously passed a resolution in support of the Lexington but no monies were given. Mayor Pro Tem McNichols stated that Items 9 and 10 are monies that have been budgeted and approved by the Council in the past. He stated that this is not a request for new or additional funding. Mr. Raymond Hasker, 1813 Wallace, commended Council Member Slavik for her stand on the Lady Lex. He expressed opposition to the $25,000 for services related to the proposed Lady Lex Museum. Mr. J. E. O'Brien, 4130 Pompano, expressed opposition to the $25,000 being given to the EDC. Council Member McComb stated that $25,000 is not being paid by the local taxpayer; it is being paid out of monies that were received out of the hotel/motel occupancy tax for last fiscal year and budgeted for this purpose. Mr. Harold Hoppenrath, 338 Clifford, expressed concern about the $25,000 for the Economic Development Corporation. Relative to Item 19, bicycle bike events across Harbor Bridge, Mayor Pro Tem McNichols expressed concern about the risk to the drivers and bikers, and Deputy City Manager Garza stated that staff has investigated the matter and the City will insure that there is proper barricading and policing for maximum safety. On Item 20, determining the necessity for and authorizing improvements to Saratoga Blvd. from Staples Street to Rodd Field Road and Rodd Field Road from Saratoga Boulevard to South Padre Island Drive, Mayor Pro Tem McNichols asked about the reason this is being done as an emergency item, and Deputy City Manager Garza stated that this is the manner in which the City has handled declaring the necessity and ordering the Minutes Regular Council Meeting August 27, 1991 Page 10 improvements of projects; it has always been done on an emergency basis; and there will be a full public hearing on the paving assessments on September 24. Ms. Mary Beth Nelson suggested that the project be five lanes. She asked if sidewalks and bike lanes have been included in the project and City Manager Garza stated that sidewalks have been included in the project and that it is a five -lane project. Ms. Nelson suggested that space be allocated for bike paths in future road improvements. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M91-230 Motion approving a supply agreement for approximately 30 tons of sulfur dioxide in accordance with Bid Invitation No. BI -0278-91 with DPC Industries, Inc., Corpus Christi, Texas, for a total of $27,600 based on only bid. The term of the contract will 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 chemical will be used by the Wastewater Department for the treatment of effluent water. Funds have been budgeted for FY 1991-92. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 4. M91-231 Motion approving a supply agreement for large lamps in accordance with Bid Invitation No. JGPG-91-2 with Consolidated Electrical Distributors, Corpus Christi, Texas, for the estimated annual expenditure of $22,297, based on low bid. The term of the contract is for twelve months with an option to extend for up to twelve additional months, subject to the approval of the seller and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 7. FIRST READING AUTHORIZING THE RENEWAL OF A ONE YEAR LEASE AGREEMENT, NO. DTFA07-92-L-01001, WITH AN AUTOMATIC RENEWAL OPTION UNTIL SEPTEMBER 20, 2001, WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE USE OF A 200 -FOOT BY 200 -FOOT SITE IN EVELYN PRICE PARK FOR AN AIRPORT SURVEILLANCE RADAR STATION, AT NO COST TO THE FEDERAL GOVERNMENT; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting August 27, 1991 Page 11 The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 9. M91-233 Motion authorizing the City Manager or his designee to approve an agreement for $100,000 with Heart of Corpus Christi, Inc., for the year ending July 31, 1992. The foregoing motion passed by the following vote: Rhodes, McNichols, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Galindo voting, "No"; Guerrero absent. 10. M91-234 Motion authorizing the City Manager or his designee to approve a supplemental agreement with the Corpus Christi Area Economic Development Corporation for additional services in the amount of $25,000 related to the proposed Lady Lex Museum. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb and Moss voting, "Aye; Slavik voting, "No"; Guerrero absent. 19. ORDINANCE NO.021223 CLOSING THE FAR WEST TRAVEL LANE OF THE SOUTHBOUND SIDE OF THE HARBOR BRIDGE AND THE WEST SHOULDER LANE OF THE SOUTHBOUND SIDE OF THE NUECES BAY CAUSEWAY TO VEHICULAR TRAFFIC ON SATURDAY, SEPTEMBER 14, 1991, BETWEEN THE OURS OF 7:00 AND 10:00 A.M. FOR THE PURPOSE OF AN ORGANIZED BICYCLE RIDE SPONSORED BY THE AMERICAN LUNG ASSOCIATION OF TEXAS; AND ON SUNDAY, SEPTEMBER 22, 1991, BETWEEN THE HOURS OF 11:00 A.M. AND 1:00 P.M., FOR THE PURPOSE OF AN ORGANIZED BICYCLE RIDE SPONSORED BY THE NATIONAL MULTIPLE SCLEROSIS SOCIETY; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 20. ORDINANCE NO. 021224 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF SARATOGA BOULEVARD FROM STAPLES STREET TO RODD FIELD ROAD AND RODD FIELD ROAD FROM SARATOGA BOULEVARD TO SOUTH PADRE ISLAND DRIVE; REQUIRING THE Minutes Regular Council Meeting August 27, 1991 Page 12 DIRECTOR OF ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. Mayor Rhodes called for consideration of Item 24, terminal and concourse roof improvements, Corpus Christi International Airport, and City Manager Garza advised that the City is under litigation with respect to the roof and if the Council Members have any questions they can go into closed session. There were no comments from the Council or audience. City Secretary Chapa polled the Council for their votes and the following motion passed: 24. M91-243 Motion awarding a contract to Haeber Roofing Company for $781,595 providing for roof improvements to the Terminal and Concourse at the Corpus Christi International Airport. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye; Guerrero absent. City Manager Garza provided background information on Items 25 and 26, arbitrage rebate relief. City Secretary Chapa polled the Council for their vote and the following resolutions passed: 25. RESOLUTION NO. 021227 SUPPORTING PASSAGE OF H.R. 710 AND S.913 AMENDMENTS TO THE TAX REFORM ACT OF 1986 PERTAINING TO TAX EXEMPT MUNICIPAL BONDS TO PROVIDE FOR REDUCED BORROWING COSTS FOR SMALL BOND ISSUERS AND PROVIDE ASSISTANCE TO SMALL COMMUNITIES SEEKING TO FINANCE CAPITAL IMPROVEMENTS. Minutes Regular Council Meeting August 27, 1991 Page 13 The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Longoria, McComb, Moss and Slavik voting, "Aye"; Martin voting, "No"; Guerrero absent. 26. RESOLUTION NO. 021228 OPPOSING H.R. 152 WHICH LIMITS THE MARKET FOR TAX EXEMPT BONDS BY DECREASING THE AMOUNT OF TAX EXEMPT INCOME ALLOWED INDIVIDUAL AND CORPORATE INVESTORS. The foregoing resolution passed by the following vote: Rhodes, McNichols, Galindo, Longoria, McComb, Moss and Slavik voting, "Aye'; Martin voting, "No"; Guerrero absent. Mr. J. E. O'Brien, 4130 Pompano, expressed support of Item 26, resolution opposing H.R. 1552, which limits the market for tax exempt bonds by decreasing the amount of tax exempt income allowed individual and corporate investors, stating that it is his understanding that there is a provision in the bill that would allow individual taxpayers who have itemized to deduct water and sewer charges from their taxable income. On Items 27 thru 31, City Attorney Bray summarized five ordinances recommended by the Police Chief as a result of the Task Force on Youth Crime. Responding to a question from Mayor Pro Tem McNichols on Item 31, increasing maximum fines for violations of City ordinances generally from $200 to $500, City Attorney Bray stated that the ordinance provides a stronger deterrent then presently exists with the $200 fine. He stated that it would be up to the judge in the particular case to decide the fine and repeat offenses would be grounds for a larger fine. Council Member McComb raised questions on Item 27, prohibiting an owner, operator or employee of a business establishment from knowingly allowing a minor on the establishment premises in violation of curfew, and Mr. Bray stated that this ordinance is aimed at for-profit establishments; and it is also limited within their building; and does not include their parking lot. Mr. Bray stated that one of the exceptions to the curfew ordinance is that if the minor is present with parental consent at some sort of a meeting or activity that is supervised by adults and sponsored by a school, church or civic organization, that is not a violation of the curfew ordinance. City Secretary Chapa polled the Council for their votes and the following ordinances passed on first reading: 27. FIRST READING PROHIBITING AN OWNER, OPERATOR OR EMPLOYEE OF A BUSINESS ESTABLISHMENT FROM KNOWINGLY ALLOWING A MINOR ON THE Minutes Regular Council Meeting August 27, 1991 Page 14 ESTABLISHMENT PREMISES IN VIOLATION OF CURFEW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 28. FIRST READING PROHIBITING PRESENCE IN PARKING LOTS AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 29. FIRST READING PROHIBITING DRIVING THROUGH PARKING LOTS AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 30. FIRST READING PROHIBITING DRIVING A MOTOR VEHICLE A THIRD TIME PAST A TRAFFIC CONTROL POINT UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. 31. FIRST READING INCREASING FINES FOR CITY ORDINANCE VIOLATIONS TO A MAXIMUM OF FIVE HUNDRED DOLLARS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. Council Member Martin inquired if the City has a parental responsibility ordinance, and City Attorney Bray stated that there is not an ordinance but there is a provision of the Minutes Regular Council Meeting August 27, 1991 Page 15 family code that applies some responsibility. Mr. Bray stated that staff will inquire into the possibility of a parental responsibility ordinance. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on changing the name of Road "H" extension, which was recently annexed to the City, to Safety Steel Drive. Mr. Robert Cooper, 6409 Coral Gables, Plant Manager of Safety Steel Service, Inc., provided background information and discussed the purpose of the request. Mayor Pro Tem McNichols noted that the City has established a policy regarding name changes but this particular case falls under an extenuating circumstance. He stated that Mr. Cooper has been trying over a long period of time to go through the process. Mayor Rhodes stated this case is not any different from the other case which was turned down by the Council, noting that she would support it if the road had to be extended. She stated that the rule needs to be fair for everyone. Council Member Longoria concurred with Mayor Rhodes. Council Member McComb expressed support, stating that this case was presented to the Council prior to the policy change and had there not been a problem in the annexation, this would have been approved. Council Member Slavik concurred with Mr. McComb. Council Member Galindo moved to close the public hearing; seconded by Council Member Longoria and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 32. FIRST READING CHANGING THE NAME OF ROAD "H" EXTENSION, WHICH WAS RECENTLY ANNEXED TO THE CITY, FOR THAT PORTION THAT EXTENDS WESTERLY FROM THE NORTH -SOUTH EXTENSION OF ROAD "H," TO SAFETY STEEL DRIVE. The foregoing ordinance passed on first reading by the following vote: McNichols, Martin, McComb, Moss and Slavik voting, "Aye'; Rhodes, Galindo, and Longoria voting, "No"; Guerrero absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning application: Minutes Regular Council Meeting August 27, 1991 Page 16 33. Case No. 791-2, Exxon Company, U.S.A.: A change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 1, Block A, Brentwood Village Community Center, located on the northeast corner of South Alameda Street and Airline Road. Mayor Rhodes stated that both the Planning Commission and staff recommend approval of the application. There was no opposition to the zoning request. Council Member Galindo moved to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes and the following ordinance passed: ORDINANCE NO. 021229 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EXXON COMPANY, U.S.A., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 1, BLOCK A, BRENTWOOD VILLAGE COMMUNITY CENTER FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; Guerrero absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on amending the following zoning ordinances: 34. Amendments to the Zoning Ordinance, Article 26, Nonconforming Uses by repealing Sections 26-1, 26-8, and 26-9, Article 27, Supplementary Height, Area and Bulk Requirements by amending Section 27-3.04.06; Article 30, Changes and Amendments. Mayor Rhodes stated that both the Planning Commission and staff recommended approval of the amendments. No one opposed the zoning amendments. Council Member McComb moved to close the public hearing; seconded by Council Member Martin and passed unanimously by those present and voting. Mayor Pro Tem McNichols asked for clarification under I, 2, Section 26-8, and Planning Director Harvey provided background information and stated that the zoning Minutes Regular Council Meeting August 27, 1991 Page 17 ordinance has a section that deals with nonconforming uses and that section, unless it is exempted, affects all nonconforming uses in the manner in that they are allowed to remain as they currently exist or at the time they become nonconforming. He stated that the prohibitions on those legally nonconforming uses are that they cannot expand and if they are destroyed more than fifty percent of their value, they cannot be replaced. What is happening here is that an exemption was granted regarding single-family homes and mobile homes that became nonconforming due to a result of a comprehensive rezoning. He stated that at the time that exemption was granted, Flour Bluff was going through some massive rezoning and at that time, for whatever reason, the wording was adopted that throughout the City and forever more, all single-family homes and all mobile homes will remain as if they are conforming uses even if they become nonconforming by future actions of Council. He stated that what is being proposed today is that exemption be removed and that those single-family homes and those mobile homes be treated as all other nonconforming uses, that they not be granted the special privilege that they are now enjoying. Mayor Pro Tem McNichols and Council Member McComb expressed concern about the citizens in Flour Bluff. Council Member Martin referred to Section 30-1.01 and suggested that it read as follows: "The City Council, Planning Commission, or City Manager or his designed may initiate amendments to this ordinance and make requests for a change in a zoning district classification or boundary. He suggested that Section 30-1.02 (c) be changed and following a brief discussion, it was recommended that the section read as follows: "ownership shall be determined by the most current tax files on record with the City of Corpus Christi or other reliable evidence presented by the applicant." Mr. Harvey responded to specific questions raised by the Council and a broad discussion ensued on the amendments concerning the mobile homes on single-family lots. Because of the concerns expressed by the Council, Council Member Martin suggested that this item be tabled and that staff present the Council with facts relative to how the amendments would affect certain specific situations. Mayor Rhodes moved to table the first reading of the three ordinances listed under Item 24 for two weeks with a presentation being given by staff at next week's Council Meeting. The motion was seconded by Council Member Moss. Council Member Slavik asked for a detailed copy of the Planning Commission's comments when this item was discussed. The motion passed unanimously; McNichols absent at the time the vote was taken; Guerrero absent. TABLED AMENDING THE ZONING ORDINANCE, ARTICLE 26, NONCONFORMING USES, BY REPEALING SECTIONS 26-1, 26-8, AND 26-9. Minutes Regular Council Meeting August 27, 1991 Page 18 TABLED AMENDING THE ZONING ORDINANCE, ARTICLE 27, SUPPLEMENTARY HEIGHT. AREA, AND BULK REQUIREMENTS, BY AMENDING SECTION 27-3.04.06. TABLED AMENDING THE ZONING ORDINANCE, ARTICLE 30, BY AMENDING CHANGES AND AMENDMENTS. Mayor's update - Mayor Rhodes requested staff to set up a meeting with the various school board representatives. Mayor Rhodes asked for a volunteer to attend a Mayors Commission Meeting on "AIDS" at the Water Street Restaurant on August 28. There was no response and she requested staff send a representative. Mayor Rhodes stated that there is an organization of young people who voluntarily clean up junk, noting that they received a bill when they dropped off tires at the landfill. She stated that there should be an exception for individuals who are willing to clean things up. She presented the information to the City Manager. Mayor Rhodes called for Council concerns and liaison reports. Council Member Martin suggested that if an item is requested by a Council Member on something that is not relevant to the rest of the Council, that they not be given the information. He suggested that something of this nature should be put on a Council Request Form. Council Member Slavik noted that two months ago she requested a report on the policies regarding staff car use and the number of cars including car allowance information. She indicated that she has not yet received the report and requested staff to send it to her as soon as possible. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Ronald A. Hudson, 3556 Austin, spoke on the subjects of separation of religion and state, the groundbreaking for the Parkdale Branch Library, and a proposed ordinance regarding religion. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:11 p.m. on August 27, 1991. a a s s s s•+ a r a e 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 August 27, 1991, which were approved by the City Council on September 3, 1991. WITNESSETH MY HAND AND SEAL, this the 1st day of October, 1991. Armando Chapa City Secretary