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HomeMy WebLinkAboutMinutes City Council - 10/08/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 8, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem David McNichols Council Members: Cezar Galindo Leo Guerrero * Betty Jean Longoria Edward Martin Clif Moss Mary Pat Slavik Absent Joe McComb 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 Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem McNichols. 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 October 1, 1991, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes referred to the Board and Committee appointments and the following appointments were made by the Council: (M91-270) Airport Advisory Committee Civil Service Board/Commission Faris Kirkland Sandra Watts MICROFILMED Minutes Regular Council Meeting October 8, 1991 Page 2 Museum of Science and History Deborah Newman Sharon Brower Community Action Agency Ethics Commission Jim Barnette - reappointed Orlando Noyola - reappointed Dr. Robert Mastin - reappointed Mayor Mary Rhodes - Representative Sonya K. Lee Betty Jean Longoria - Representative (self) Leo Guerrero - Representative Freddy Cavazos Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 11, and Council Members requested that Items 2, 3, 4, 5 and 6 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-271 Motion approving a supply agreement for approximately 45,000 lbs. of wiping rags in accordance with Bid Invitation No. BI -0329-91 with Johnson International Materials, Brownsville, Texas, based on low bid for an estimated annual expenditure of $16,875. 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 rags will be used by various departments throughout the City for cleaning purposes. Funds have been budgeted for FY 91-92 by the using departments. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 7. ORDINANCE NO. 021255 AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH APPLIED EARTH SCIENCE, INC. (AES) TO INSTALL A MONITORING WELL WITHIN THE MORGAN AVENUE RIGHT-OF-WAY BETWEEN CROSSTOWN EXPRESSWAY AND 19TH STREET AND ESTABLISHING A USE FEE OF $450; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. Nlinutcs Regular Council Meeting October 8, 1991 Page 3 8. ORDINANCE NO. 021256 AMENDING THE CITY'S CODE OF ORDINANCES, SECTION 53-252, TO PROHIBIT CURBSIDE PARKING AT ALL TIMES ON THE INTERSTATE 37 FRONTAGE ROAD EASTBOUND, NORTH AND SOUTH SIDES, FROM A POINT APPROXIMATELY 900 FEET EAST OF HART ROAD TO A POINT APPROXIMATELY 2,100 FEET EAST OF HART ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting,"Aye'; Guerrero and McComb absent. 9. ORDINANCE NO 021257 AUTHORIZING THE EXECUTION OF A ONE-YEAR RESIDENTIAL AND GRAZING LEASE E AGREEMENT WITH MR. S. GENE WILSON FOR A 20 ACRE TRACT OF LAND WITH IMPROVEMENTS LOCATED ON YORKTOWN ROAD, ACQUIRED FOR THE SOUTHSIDE SEWER TREATMENT PLANT PROJECT, AND APPROVING THE RENTAL FEE OF $500 PER MONTH. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo,Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 10. ORDINANCE NO. 021258 AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH M. DOYLE SLOUGH FOR A 46 ACRE TRACT OF LAND FROM THE SOUTHSIDE SEWER TREATMENT PLANT SITE LOCATED OFF YORKTOWN BOULEVARD; APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. 11. ORDINANCE NO 021259 AUTHORIZING THE RENEWAL OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD NEMEC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD AND APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP i 1llIDles Regular Council Meeting •October 8, 1991 Page 4 HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on third reading by the following vote: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero and McComb absent. In response to a question from Mayor Pro Tem McNichols on Item 2, Corpus Christi Area Soap Box Derby, Bill Hennings, Director of Development Services, advised that the City is guaranteed costs. He stated that the ordinance specifies that the City will receive either four percent of the gross receipts or reimbursement for all costs. Council Member Slavik referred to the change orders on Item 3, police station and municipal court facility, and stated that she hopes that the City's future City bond projects will not have as many change orders. She inquired about the amount in the Public Safety Bond Fund at this time, and City Manager Garza stated that he will provide Mrs. Slavik with that information. Council Member Moss expressed concern about the delay in the project, and City Manager Garza stated that a project is kept open until all the conditions in the contract have been met, noting that the City held the project up about 30 to 45 days longer than necessary before bringing it to the Council. Relative to questions from the Council regarding taxes on Item 4, Corona Drive extension, parcel 4, City Manager Garza clarified that the language in the contract specifies that all taxes are to be paid by the seller up to and including 1990 and all current taxes, if any, are to be paid by the buyer for the year 1991, which amounts to about $600. Council Member Slavik pointed out that the City saved $5,100 by bargaining, stating that she hopes staff will continue to do this in the future. Responding to a question from Council Member Moss, City Manager Garza discussed the timetable for the project. Mayor Pro Tem McNichols referred to a memo regarding title insurance costs which specifies that in most real estate transactions not involving the threat of eminent domain proceedings, cost of title insurance is the seller's cost because it is advantageous to the seller to negotiate and sell the property. He suggested that the City consider making that a part of the negotiations. Dr. McNichols expressed the opinion that the earnest money is much too substantial for this particular transaction and suggested lowering the amount of earnest money in future transactions. Discussion ensued and Council Member Martin expressed concern that the City agreed to pay the taxes. Minutes Regular Council Meeting October 8, 1991 Page 5 On Item 5, Head Start facility for the Nueces County Community Action Agency, Mayor Pro Tem McNichols inquired if there is a particular advantage in the City's providing a new facility, stating that there are so many vacant buildings in town which could be renovated. He stated that it is possible that the funds could go a lot further by using existing facilities and suggested that the City consider that, and City Manager Garza stated that if the Council desires, staff could provide comparisons. Mayor Rhodes stated that this is pre -approved money which the Council has already approved following the CDBG hearings. Council Member Longoria pointed out that the facility has to be within the neighborhood of the Head Start Program. She concurred that in future projects, it would be a good idea to see if there is an existing building that could be remodeled. Council Member Guerrero arrived at the meeting. Responding to a question from Council Member Galindo on Item 6, execution of Ada Wilson agreement amendment, City Manager Garza stated that it was the City's decision to extend the agreement; it has been done in the past; and it will not jeopardize the funding. Council Member Martin inquired if the City is under any letter and/or warning from HUD about not spending the money fast enough, and City Manager Garza replied the City is not. City Secretary Chapa polled the Council for their votes and the following items were passed: 2. M91-272 Motion approving the application of the Corpus Christi Jaycees to conduct the Corpus Christi Area Soap Box Derby in Corpus Christi on Saturday, April 11, 1992, and approving the closing of the west one-half of Shoreline Boulevard between Craig Street and Furman Avenue for this event. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. 3. M91-273 Motion approving Change Order No. 11 in the amount of $26,232 to the contract with Fulton Construction Corporation/Coastcon Corporation, a Joint Venture, for improvements at the Police Station and Municipal Court Facility. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. Minutes Regular Council Meeting October 8, 1991 Page 6 4. M91-274 Motion authorizing acquisition of Lot 9, Block 14, Gardendale Addition No. 3, located at 4830 Williams Drive on the north side between Everhart Road and Nelson Street for $33,900 in connection with the Corona Drive Extension Project. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. 5. M91-275 Motion authorizing the City Manager or his designee to execute a contract in the amount of $15,400 with McCall and Associates for architectural services to design the Head Start Facility for the Nueces County Community Action Agency. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. 6. M91-276 Motion authorizing the City Manager or his designee to execute an Agreement Amendment with the Ada Wilson Children's Center for Rehabilitation, Inc. which provides $82,500 from the FY 91 Community Development Block Grant Program (CDBG) for the replacement of approximately 39,500 square feet of gravel roof cover at 3511 S. Alameda. The foregoing motion passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. Mayor Rhodes called for consideration of Item 12, authorizing the execution of a participation agreement with the estate of Blanche Moore, developer of Moore Plaza, whereby the City will reimburse the developer an amount not to exceed $28,772.10 for improvements over and above those set forth in the Platting Ordinance for the construction of Blanche Moore Drive. City Manager Garza advised that approval of the agreement involves the design of the street, noting that the traffic consideration will be presented to the Council during a workshop. A lengthy discussion followed and City Manager Garza and Bill Hennings, Director of Development Services, responded to a series of specific questions raised by the Council. Mr. Hennings stated that the need to increase the pavement strength on Blanche Moore Drive is based on anticipation of truck traffic on that portion of the street. He stated that it is staffs judgement that the Platting Ordinance standards are not sufficient, and Mr. Garza stated that if the standards were raised, the City's maintenance costs on streets would Minutes Regular Council Meeting October 8, 1991 Page 7 be lowered. Council Member Martin expressed concern that a developer that has to put in a collector street can get the City to oversize it and give them a better street. Council Member Slavik asked if staff is working on strengthening the street requirements, and City Manager Garza responded that a schedule has been set up and the matter will be brought to the Council by the end of the year. Mr. Hennings stated that the purpose of the street is to serve as a collector street as it used to be shown on the transportation plan and it serves not only the adjoining properties, but motorists who use it as a through street. He stated that if it is a public street, the City will have the maintenance responsibility for it. Responding to a question from Council Member Guerrero, Mr. Garza stated that the City is not aiding the private developer; he is going to build that street to the class standards; and if the City puts in the $28,772.10, maintenance costs will be less in the future. Mr. Guerrero stated that the City will be setting a precedent, whereby every other major development that comes into the City, as long as they connect to City streets, the City will maintain them. Carl Crull, Engineering Services Director, responded to more questions from the Council and following more discussion, Council Member Martin recommended that the Urban Transportation Plan be amended to put Blanche Moore Drive back in as a collector street. Mayor Pro Tem McNichols stated that currently there is a public safety problem and a street is needed to alleviate some of the potential safety problems that develop in traffic flow around this entire development. Council Member Slavik noted that in 1987 the Council tried to protect the integrity of the neighborhood and expressed concern if Betty Jean is made a collector street. Mr. Hennings stated that at the workshop meeting a number of items will be presented in regard to protecting the integrity of the neighborhood. Council Member Guerrero noted that in 1987 the developer refused to give the seventeen feet initially recommended by the Planning Commission and staff. He expressed concern about destroying the neighborhood. Council Member Galindo stated that he will not support this issue because the City has a program that will maintain streets for a long period of time at the current level, and City Manager Garza stated that the City has an excellent maintenance program but that is not a reason to build a street that will require more maintenance. Council Member Longoria expressed concern about spending funds if the Council decides not to open the street, and City Manager Garza stated that the City would have to open it. Minutes Regular Council Meeting October 8, 1991 Page 8 Mayor Rhodes stated that the City has to do something about the traffic congestion and there is not a palatable solution. Council Member Slavik asked if the City could refuse to accept the street, and the City Manager stated that he has asked the City Attorney to inquire into that matter very carefully. He stated that he believes that the City may have to maintain it. Ms. Kay Viles, 5137 Royalton Drive, expressed concern about the traffic problem in the area and requested that a stop light be put in at Williams and Holly Road. City Secretary Chapa polled the Council for their votes and the following motion failed to pass: 12. Failed to Pass Motion authorizing the execution of a Participation Agreement with the Estate of Blanche D. Moore, Deceased, Developer of Moore Plaza, whereby City will reimburse Developer an amount not to exceed $28,772.10 for improvements required by City over and above those set forth in the Platting Ordinance for the construction of Blanche Moore Drive from 165 feet north of Williams to South Padre Island Drive (S.H. 358) The foregoing motion failed to pass by the following vote: Rhodes, McNichols, Martin, and Moss voting, "Aye"; Galindo, Guerrero, Longoria and Slavik voting, "No."; McComb absent. On Item 13, FY91 CDBG Program amendment, Bill Hennings, Director of Development Services, stated that the Housing Authority has requested the City to help in a program to provide additional housing for the homeless. He stated that the Resolution Trust Corporation is making available three duplexes which are in a dilapidated condition and need to be repaired. He stated that staff recommends that the City reprogram $30,000 from its existing Single -Family Rehabilitation Loan Program to provide a grant to the Housing Authority to rehabilitate the three duplexes. Mr. Henry Flores, Executive Director of the Housing Authority, advised that the project is being co-sponsored by the Women's Shelter and Metro Ministries. He elaborated on the funding for the program. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 13. ORDINANCE NO, 021260 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO THE FINAL STATEMENT FOR THE FY91 COMMUNITY Minutes Regular Council Meeting October 8, 1991 Page 9 DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BY RE- PROGRAMMING $30,000 FROM THE SINGLE-FAMILY REHABILITATION LOAN PROGRAM TO FUND THE EMERGENCY SHELTER FOR THE HOMELESS PROJECT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McNichols voting, "No"; McComb absent. i i► i a Y i f t i i f Mayor Rhodes opened the public hearing on the following zoning application: 14. Case No. 991-1. Manuel Banuelos: A change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 3A, Block 2, Southwood Addition, located on the west side of Kostoryz Road, approximately 100 feet south of Gollihar Road. Mayor Rhodes stated that both the Planning Commission and staff recommend approval of the application. No one expressed opposition to the zoning application. Council Member Guerrero moved that the public hearing be closed; 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. 021261 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MANUEL BANUELOS BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3A, BLOCK 2, SOUTHWOOD ADDITION FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. Mayor Rhodes opened the public hearing on the following zoning application: 15. Case No. 991-2. J.A. Calvin. Sr. and Lydia Bridges: A change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the Minutes Regular Council Meeting October 8, 1991 Page 10 southwest 145.75 feet of Block S, Lexington Place Addition, located on the northwest corner of Kostoryz Road and Green Street. Mayor Rhodes stated that both the Planning Commission and Staff recommend approval of the recommendation. An unidentified woman stated that she is not in opposition to the business but she expressed concern about the width of the driveway between the two homes on Green Street. Assistant City Attorney Perez stated that if a business is established there, it will require a permit; and in that case the property will have to be platted. He stated that when it is platted, the other half of Green Street will be dedicated to the City. Mr. John Rios, 1525 Daly, stated that he is not in opposition to the zoning and spoke about the safety problems on Green Street. He stated that he would like the street to be widened. Council Member Guerrero moved to close the public hearing; seconded by Council Member Martin and passed unanimously by those present and voting. Council Member Martin inquired if the area is under an adopted plan, and Mr. Perez responded that it is under the comprehensive plan, stating that the City has not gone through an area development plan for this specific area. Mr. Martin suggested that when the area development plan is done for this area, the remainder of the lots be shown as future businesses. City Secretary Chapa polled the Council for their votes and the following ordinance passed: ORDINANCE NO. 021262 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF J. A. CALVIN, SR. AND LYDIA BRIDGES BY CHANGING THE ZONING MAP IN REFERENCE TO THE SOUTHWEST 145.75 FEET OF BLOCK S, LEXINGTON PLACE ADDITION, 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: Rhodes, McNichols, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; Guerrero voting, "No"; McComb absent. a s s s a s•: t t s: s Mayor Rhodes opened the public hearing on the following zoning application: Minutes Regular Council Meeting October 8, 1991 Page 11 16. Case No, 991-3. The Boat House: A change of zoning from "AT' Apartment Tourist District to "I-2" Light Industrial District on 0.264 acre out of the south corner of Block B, Brooklyn Addition, located along E. Surfside Boulevard and the Corpus Christi public beach area. Mayor Rhodes stated that both the Planning Commission and staff recommend denial of the "I-2" Light Industrial District, and in lieu thereof, recommend approval of a special Council permit for a boat storage and rental facility subject to five conditions. Mayor Rhodes inquired if the conditions of the special permit are acceptable to the applicant, and he responded in the affirmative. Council Member Moss moved to close the public hearing; seconded by Council Member Guerrero and passed unanimously by those present and voting. Bill Hennings, Director of Development Services, pointed out some complications which do not affect the rezoning. He stated that the property has to be replatted; permits have to be obtained for some existing water and electrical service, etc.; and the owner is aware of these items. City Secretary Chapa polled the Council for their votes and the following ordinance passed: ORDINANCE NO. 021263 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE BOAT HOUSE BY GRANTING A SPECIAL COUNCIL PERMIT FOR A BOAT STORAGE AND RENTAL FACILITY SUBJECT TO FIVE (5) CONDITIONS ON 0.264 ACRES OUT OF THE SOUTH CORNER OF BLOCK B, BROOKLYN ADDITION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb absent. ssssssssassss Mayor Rhodes opened the public hearing on the proposed expansion of the Corpus Christi Enterprise Zone consisting of the general boundaries encompassing the current enterprise zone with a proposed expansion going southward along Airport Road from the existing boundary along Agnes Street; westward along Santa Elena Street, including 44th and 45th Streets; northward due west of 45th Street which defines an area generally known as Corpus Christi Industrial District 1; westward along Agnes Street; north on McBride Lane, including the Sunbelt Industrial Park Subdivision; and westward along Interstate 37; north on Corn Products Road; and west on Up River Road, including the areas generally known as the Valero Refining Company plant site and the Koch Refining Company plant site. Minutes Regular Council Meeting October 8, 1991 Page 12 City Manager Garza provided background information and stated that the State legislature in its last session amended the State law extending the sunset limit for this particular type of legislation. He stated that the City would not be giving up any of its revenues in approving this district and he noted that it would bring a tremendous number of positive benefits to the City. Bill Hennings, Director of Development Services, presented material to the Council. He provided background information and reviewed the four areas proposed for expansion. Ms. Karen Richmond, Director of Economic Development Programs, Johnson and Gibbs, stated that she had originally assisted the City in the Enterprise Zone in 1989. She discussed late -breaking amendments to the legislation and stated that the Enterprise Zone program has been extended until 1993. Ms. Richmond responded to a series of specific questions raised by the Council. She stated that the State legislation provides a wide variety of incentives that are available at the option of the county or municipality electing to participate in the program. She stated that the new revised legislation mandates that each municipality or county electing to participate in the Enterprise Zone program provide at Least one incentive that is not allowable elsewhere throughout its jurisdiction. She stated that all the incentives apply to existing and expanded areas. Mr. Luis de la Garza, Vice President of Public Relations for Valero, San Antonio, introduced representatives from Valero. He provided background information and discussed the expansion at the refinery. He stated that expanding the zone will not take any revenues from the City, noting that the incentives will be provided from the State of Texas. Responding to a question from Council Member Galindo, Mr. Hennings stated that the City may nominate two projects each fiscal year. He stated that the Texas Department of Commerce also has to approve them as projects. He stated that if the City were to nominate Valero and Koch and a third project came forward, the City would have to wait until the next State fiscal year to nominate the next project. He stated that the project nomination is separate from the expansion of the zone. He stated that there are two limitations on the City; one is that the City can only expand the zone once a year, and secondly, that the City can only nominate two projects a year. Mr. Jim Hoffman, Plant Manager of Koch Refinery, discussed reasons why Koch should be included in the Enterprise Zone. He spoke about the growth of the refinery and stated that the growth has had a significant impact on the economy of Corpus Christi. Mr. Dave Lamp, future Plant Manager of Koch Refinery, reviewed the history of the growth of Koch Refinery. He stated that the Enterprise Zone will have a positive effect on both Koch Industries and the community and will have an impact on where Koch builds its expansions. Minutes Regular Council Meeting October 8, 1991 Page 13 Council Member Martin asked what possible advantage there is to putting in two areas that we can't nominate, when, in fact, we can amend the zone in the same time frame that we can nominate our next two businesses. Mr. Hennings stated that the reason staff constructed the public hearing this way was simply to give the Council the option to put other areas in. He stated that the only advantage of putting them in would be that the City would not have to go through the process of filing an application to expand the zone next time. Ms. Richmond stated that the two areas are the CC Industrial District No. 1 and the Sunbelt District, stating that there is a certain advantage to having the areas as an Enterprise Zone for some of the businesses that are there. She stated that traditionally, when she has worked with cities, they have included industrial areas as a marketing device to assist the Chamber of Commerce and the Economic Development Corporation. Gary Bushell, Economic Development Corporation, stated that the City was under a ten square mile limitation and Ms. Richmond received a ruling to qualify for twenty miles. He stated that the two project a year limitation may be eliminated so there may be an opportunity before the end of next year to nominate some additional projects. Mr. Richard Gonzalez, Director of the Hispanic Chamber of Commerce, commented in regard to developing a minority purchasing Council. He spoke in support of the Enterprise Zone and stated that in the last ten years, Corpus Christi has not been assertive enough in posturing its minority business community. He stated that the Enterprise Zone is extremely favorable for minority communities, stating that the City has incentives in its application. Mr. Gonzalez suggested language be changed in the application, and City Manager Garza stated that he will check into the language. Mr. J. E. O'Brien, 4130 Pompano, stated that the two firms recommended are located in the industrial district and receive abatements. He referred to public works improvements and stated that it takes City revenues to pay for those public works improvements. He commented about State tax incentives and expressed concern about another State tax increase. He referred to abatements and asked the Council to consider annexation of the industrial district, stating that it will bring in added revenue to the City. He stated that if the Council is going to continue to grant these tax incentives, whether State or local, and fails to address this issue, the citizens may very well seek a referendum to annex the industrial district. Mr. Raymond Hasker, 1813 Wallace, expressed opposition to the Enterprise Zone. He spoke about State taxes and stated that the burden of taxation falls on the taxpayers. Council Member Longoria reminded the public that the large refineries always contribute money to fund various projects in the City. Ms. Pauline Clark, 3902 Mueller Street, referred to constitutional amendment number 5 regarding the Enterprise Zone which is to be voted on in November. She asked what benefits will extend to the Enterprise Zone if it is granted, and Ms. Richmond Minutes Regular Council Meeting October 8, 1991 Page 14 responded that it will allow Enterprise Zones to offer the freeport exemption. Ms. Clark raised more questions in regard to the foreign trade zone and the freeport tax exemption, and Mayor Rhodes asked staff to meet with Ms. Clark to answer her questions. Council Member Martin moved to close the public hearing; seconded by Mayor Pro Tem McNichols and passed unanimously by those present and voting. Following more discussion, Council Member Slavik expressed concern that the City may incur additional expenses by extending the zone boundaries. She stated that only one incentive is required by law and questioned why the ordinance lists all the incentives, and City Manager Garza stated that we would like to see this application approved and believe this adds strength to the application. Mrs. Slavik asked what would have to be done in order to grant tax abatement, and Mr. Garza stated that it is possible anywhere in the City assuming that the applicant meets a restrictive criteria, noting that five of the Council would have to decide. Mr. Garza responded to numerous questions raised by Mrs. Slavik. Responding to a question from Mayor Pro Tem McNichols relative to public works improvements, City Manager Garza clarified that some of them do not have to come before the Council, noting that if it is an improvement that is less than $10,000, it would not have to come back before the Council. Mayor Pro Tem McNichols stated that public funds are not going to be expended without the Council's approval, and at least five people on the Council agree that it is the appropriate course to take, and City Manager Garza concurred. City Secretary Chapa polled the Council for their votes and the following ordinance was passed on first reading: 17. FIRST READING AMENDING THE ORIGINAL BOUNDARIES OF THE CORPUS CHRISTI ENTERPRISE ZONE AND AUTHORIZING THE FILING OF AN ENTERPRISE ZONE EXPANSION APPLICATION WITH THE TEXAS DEPARTMENT OF COMMERCE. The foregoing ordinance passed on first reading by the following vote: Rhodes, McNichols, Galindo, Guerrero, Longoria, Martin and Moss voting, "Aye"; Slavik voting, "No"; McComb absent. s s s: s s s s a s: e x Mayor Rhodes called for the City Manager's report on the water update. Deputy City Manager Garza presented material to the Council regarding the status of the Choke Canyon/Lake Corpus Christi reservoir system and reviewed key dates relative to the water release issue. He stated that they are working to get some resolution to develop an interim order. He stated that they will inform the Council of the outcome of the meetings relative to the request for relief from water releases in October. Minutes Regular Council Meeting October 8, 1991 Page 15 Discussion followed and Mr. Garza responded to a series of questions from Council Member Moss. He stated that the City's attorney, Mr. Brown, has represented the City very well. Council Member Galindo suggested that Mr. Brown discuss the strategy in a closed session. City Manager Garza provided an update regarding the downtown fire station. Mayor Rhodes stated that she met with the Human Relations Commission and they have requested that the Council appoint a task force to deal with the issue of separation of church and state. Discussion followed and Council Member Slavik made a motion to grant the Human Relations Commission the authority to appoint the task force and to make recommendations to the Human Relations Commission, who will then make a recommendation to the Council. The motion was seconded by Council Member Martin and failed to pass. It was the consensus of the Council not to deal with this issue. Mayor Rhodes called for Council concerns and liaison reports. Council Member Martin commented on an issue regarding Spohn Hospital parking in the Del Mar area. He requested Traffic Engineering to inquire if there has been a change, and City Manager Garza stated that is currently being looked into. Council Member Slavik referred to her request regarding staff usage of City vehicles and staff car allowances and asked when the City Manager will have the review finished, and City Manager Garza responded that it will be before submittal of the next fiscal budget in May. Mrs. Slavik asked to be informed of any results of this review before the budget. She asked if the City Manager currently reviews the car allowances as part of the annual budget preparation, and City Manager Garza stated that he reviews the car allowance at the time a new hire is made taking into account the need for transportation on City business. He stated that it is not done as part of the budgetary process; it is done as an ongoing analysis of various jobs. Mrs. Slavik stated that she would like to have an update on extending the bicycle path sidewalk into Cole Park. Mrs. Slavik referred to the Del Mar improvements regarding the sewer lines and stated that she agreed with staffs idea to leave the sewer lines in the back of the properties and put in a line as it is needed. She stated that she would hope that staff will now change the plan of relocating the lines to the front of the houses. Mrs. Slavik was informed that this item will be on next week's agenda. Mayor Pro Tem McNichols referred to a letter from the Economic Development Corporation, stating that he is in favor of having a cruise ship based in Corpus Christi. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting October 8, 1991 Page 16 Mr. David Lane suggested that the Transportation Advisory Board be abolished and he presented various traffic tickets. He was informed that this is not a Transportation Advisory Board matter; it is a municipal court item; the fines are set by the State and judges impose the fines. Mr. Ron Hudson, 3556 Austin, stated that since 1985 the City has possibly been in violation of the Open Records Act in the way they charge for public information. He stated also that the City has never complied with the Open Records Act in filing with the State Purchasing and General Services Commission the City charges for copies. He also commented about a piece of private property between Staples and Gollihar. copies. Council Member Martin requested that the Council packets be checked for duplicate City Manager Garza stated that the City's open records procedure was just validated by the State. Mr. Raymond Hasker, 1813 Wallace, questioned the cost that the Police Department charges for making copies. Council Member Slavik expressed concern about the amount of money the citizens are charged for copies at the Police Department, and City Manager Garza justified the charge and stated that it is within the State's requirements. Mrs. Slavik requested a written report in this regard. Ms. Dorothy Spann requested that staff attend a meeting which will be held that evening in the Del Mar neighborhood relative to the sewer system in the Del Mar project. An unidentified lady expressed concern that on weekends there is only one emergency number to call for the City's Street Department, Sewer Department and the dog pound, and City Manager Garza stated that he will look into this matter. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:15 p.m. on October 8, 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 October 8, 1991, which were approved by the City Council on October 15, 1991. WITNESSETH MY HAND AND SEAL, this the 15th day of October, 1991. a, Armando Chapa City Secretary