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HomeMy WebLinkAboutMinutes City Council - 12/03/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 3, 1991 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Leo Guerrero * Council Members: Cezar Galindo Betty Jean Longoria Edward Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. Asst. City Secretary Dorothy Himmel Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend E. F. Bennett following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Martin. Assistant City Secretary Himmel called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. City Manager Garza played a tape recording of an incident involving a City dispatcher handling a life-threatening situation on a 911 telephone call. Police Chief Garrett commented about the particular dispatcher involved and spoke about the responsibilities of the dispatchers. Mr. Jim Avery, co-chairman of Harbor Lights, spoke about events planned for the Harbor Lights celebration and invited the Council to attend the ceremonies on Saturday, December 7th. Mayor Rhodes referred to the Board and Committee appointments and the following appointment was made: (M91-325) Private Industry Council Yolanda Olivarez - Mayor's appointment MtCIIDSMED Minutes Regular Council Meeting December 3, 1991 Page 2 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 7, and Council Members requested that Items 2 and 3 be withheld for discussion. Assistant City Secretary Himmel polled the Council for their votes and the following were passed: 1. M91-326 Motion approving the purchase of twelve General Electric portable radios with accessories in accordance with Bid Invitation No. BI -0052-92 from Ericsson G.E. Mobile Communications, Inc., Portland, Texas, based on the low bid of $22,764. The equipment will be used by the Police Department and funds are available in the FY 1991-92 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye.' 4. FIRST READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH LARRY J. MOKRY FOR A 23.019 ACRE TRACT OF LAND LOCATED AT THE NORTH CORNER OF THE INTERSECTION OF CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; AND 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 first reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 5. ORDINANCE NO. 021295 AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT WITH THE U.S. OPEN COMMITTEE FOR THE PURPOSE OF HOLDING A SERIES OF WINDSURFING RACES AND RELATED ACTIVITIES IN COLE PARK, DURING MAY OF 1993, 1994, 1995, 1996, AND 1997, AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting December 3, 1991 Page 3 6. ORDINANCE NO. 021296 AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 7. ORDINANCE NO. 021297 AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND SANITATION, SECTIONS 23-70, PROCEDURES AS TO REMOVAL OF CARRION, FILTH, ETC.; 23-71 PROCEDURE AS TO CUTTING OR REMOVAL OF WEEDS,RUBBISH, BRUSH, ETC.; AND PROVIDING FOR POSTING IN LIEU OF PUBLICATION. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." ► i i i t f i t t f■! i City Manager Garza responded to questions raised by Council Member Martin on Item 2, timetable for FY91 Community Development Block Grant Program Amendment. Mr. Garza stated that the public hearing is required because the allocation of funds is of a significant amount. Council Member Martin suggested waiting until spring and adding it to next year's allocation. Mr. Garza stated that the timetable was brought to the Council for their approval. He stated that there was a significant amount of funds that could be carried over, stating that ordinarily they are carried over to the next year's program. Bill Hennings, Director of Development Services, stated that it is a policy of HUD that there be a public hearing if the changes are significant, noting that this is a significant change. Discussion followed dealing with the funds identified for reprogramming into the FY91 CDBG Program, and Council Member McNichols agreed with the process of reallocating the funds. He inquired when the projects to be funded will be decided on, and Mr. Hennings responded that there will be a hearing on December 17th. Minutes Regular Council Meeting December 3, 1991 Page 4 City Manager Garza read a list of recommended projects, and Council Member Slavik requested the list in written form. Mrs. Slavik asked when next year's funds will be available, and Kelly Elizondo, Senior Director of Housing and Community Development, stated that next year's funding will be available August 1, 1992. Mrs. Slavik suggested that if funding was cut back, this allocation could be carried over into next year's allocation. Council Member Longoria stated that she would rather use the money now, rather then carry it over. Council Member McNichols clarified that the Council is only authorizing the timetable for reallocating the funds and not endorsing the distribution of the funds. Assistant City Secretary Himmel polled the Council for their votes and the following motion was passed: 2. M91-327 Motion adopting the proposed timetable for the FY 91 Community Development Block Grant Program amendment. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Council Member Moss expressed support of Item 3, adoption of a Repetitive Loss Plan, a component of the Community Rating System Program, in order to maintain eligibility for discounts on premiums for flood insurance in the City, and in response to questions raised by Mr. Moss, City Manager Garza provided background information and elaborated on the Repetitive Loss Plan. Bill Hennings, Director of Development Services, stated that the effect of the plan is that property owners in the City will receive a five -percent discount this year on their insurance premiums and if the Council approves the Repetitive Loss Plan, it will be submitted to the Federal Emergency Management Agency and the City will continue to be eligible in the coming year for the five -percent discount. Assistant City Secretary Himmel polled the Council for their votes and the following resolution was passed: 3. RESOLUTION NO. 021294 ADOPTING A REPETITIVE LOSS PLAN, A COMPONENT OF THE COMMUNITY RATING SYSTEM PROGRAM, IN ORDER TO MAINTAIN ELIGIBILITY FOR DISCOUNTS ON PREMIUMS FOR FLOOD INSURANCE IN THE CITY. Minutes Regular Council Meeting December 3, 1991 Page 5 The foregoing resolution passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mayor Rhodes recessed the meeting to conduct the meeting of the Corpus Christi Housing Improvement Corporation. Mayor Rhodes reconvened the Council Meeting and declared a five-minute recess. Mayor Rhodes reconvened the Council Meeting and relative to Item 8, Heritage Park Lease Agreements, Mrs. Rhodes moved to table this item until the City Manager meets with the tenants and subsequently brings forth options to the Council. The motion was seconded by Council Member Galindo and passed by those present and voting. 8a. Tabled AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE CORPUS CIIRISTI II. BOYD HALL BRANCII, FOR THE UTILIZATION OF THE LITTLES MARTIN HOUSE, 1519 N. CHAPARRAL, LOTS 11 & 12, BLOCK 70, BEACH PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICATION. 8b. Tabled AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITII TIIE IRISH CULTURAL HOUSE, INC. FOR TIIE UTILIZATION OF TIIE MCCAMPBELL HOUSE, 1501 N. CHAPARRAL, LOT 2, BLOCK 61, BEACII PORTION; RESCINDING ALL PRIOR LEASES; AND PROVIDING FOR PUBLICATION. 8c. Tabled _ Y ECUTION OF A LEASE AGREEMENT WITH CZECH HERITAGE SOCIETY OF SOUTH TEXAS, FOR THE UTILIZATION OF THE JALUFKA HOUSE LOCATED AT 1513 N. CHAPARRAL, LOTS 3, 4, Y e • • .1. 1 • a • e • Y t . . • LEASES; AND PROVIDING FOR PUBLICATION. Mayor Rhodes justified the reason that Item 9, parking fines, is back on the agenda and stated that it will be a three -reading ordinance. Minutes Regular Council Meeting December 3, 1991 Page 6 Discussion ensued regarding the fee of $1.00 on each parking violation to be assessed as a court cost and to be used for the City's school crossing guard program, and Council Member Martin requested a copy of the section of the code concerning the $1.00 for court costs. Mr. Martin inquired if the Council has the authority to add this to parking fines, and City Attorney Bray replied in the affirmative. Mr. Bray stated that the $1.00 is a special fee; it is more of a court cost; and it is not a fine. Council Member McNichols clarified that what is proposed today is that the original parking fine which was $3 would be $5 if paid within ten days and the fine which was $6 would be $10 if paid after ten days, exclusive of the court costs or crossing guard fine. A series of specific questions were raised by the Council, and City Attorney Bray responded to the questions. Mr. J. E. O'Brien, 4130 Pompano, commented about the time the Council voted to dismiss over 10,000 warrants. He stated that position is inconsistent with increasing parking fines. He expressed opposition to the increase. Mr. R. F. Hasker, 1813 Wallace, expressed opposition to the increase in parking fees. Mr. Ron Hudson, 3556 Austin, commented about the parking fines and suggested increasing them for the violators, stating that it would be more cost-effective. Council Member Martin requested figures as to what additional revenue the increase would amount to. He expressed the opinion that the increase is reasonable, but unfortunately it has been put to the Council as a revenue item and not a cost -reducer. Assistant City Secretary Himmel polled the Council for their votes and the following ordinance passed on first reading: 9. FIRST READING AMENDING THE CODE OF ORDINANCES, CHAPTER 53, TRAFFIC, ARTICLE III, ENFORCEMENT AND COMPLIANCE, DIVISION 2, PENALTIES AND IMPOUNDMENT, SECTION 53-55, PENALTIES, TO INCREASE FINE ASSESSMENTS; PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Longoria, Martin, McNichols, Moss and Slavik voting, "Aye"; Galindo and McComb voting, "No." Mayor Rhodes called for consideration of Item 10, acquisition of soil for landfill operations. Minutes Regular Council Meeting December 3, 1991 Page 7 City Manager Garza stated that the City needs soil for daily cover at the Elliott Landfill and for final cover at the Westside Landfill. He indicated that the City has been buying soil as the need arises on a priority basis or as the opportunity arises. Mr. Garza stated that staff has developed a way to obtain the soil needed for cover and at the same time yield some benefits to the City. Tom Utter, Director of Public Works, provided background information and stated that the City needs approximately 900,000 tons of soil. He stated that after thoroughly reviewing the market price for an availability of the purchase of soil, staff has developed a unique and extremely beneficial method to the City for meeting present soil needs at the landfills. He stated that in working with Bay, Inc., staff has developed a proposal for purchase of the needed soil which will result in not only meeting the soil requirements at an excellent price, but in the donation to the City of a seventy-three acre park containing a thirty-eight acre lake. Mr. Utter continued by stating that in the negotiations with Bay, Inc., staff has developed a proposed contract under which Bay will excavate over a 12 to 24 month period, a thirty-eight acre, fairly shallow, lake and deliver approximately 200,000 tons of soil from the site to the Westside Landfill at $2.01 per ton and approximately 700,000 tons would be delivered to the Elliott landfill at $1.47 per ton. He stated that at the end of the excavation, the 73 -acre site with the excavation would be donated to the City. Mr. Utter stated that this will provide an excellent park area among other public uses. Mr. Utter and City Attorney Bray responded to a series of specific questions raised by the Council dealing with the provisions of the agreement, the proposed lake, and the cost of the contract. Mr. Utter stated that the arrangement was the least expensive way of providing the City with soil to close the Westside Landfill and for daily and final coverage at the Elliott Landfill. He discussed plans for the lake, stating that it would be developed as a nature area and would not be used for contact recreational purposes. Following a lengthy discussion, Council Member Martin stated that the concept is a unique idea but it is hard to justify another park when there are so many undeveloped parks. Council Member Slavik referred to the maintenance of the park and suggested speaking to the local Audobon Society, and Mr. Utter stated that several local environmentalists have expressed willingness to help develop the park into a habitat for native birds and vegetation. Mrs. Slavik suggested that one of the groups could be asked to adopt the park. Council Members McComb and McNichols questioned the need for developing another City park. Dr. McNichols stated that it is a very creative idea but expressed concern about another City park, stating that lakes of this nature are a difficult thing to maintain and manage on a long-term basis. Mr. Utter stated that staff has looked at the possibility of acquiring this piece of land and excavating it, but because a City ordinance prohibits open excavation pits within City Minutes Regular Council Meeting December 3, 1991 Page 8 limits, the area must be filled in. He stated that filling the hole with soil would defeat the purpose of the project. Mr. Utter declared that staff knows of no way to get this much soil without leaving an excavation and they would not recommend that the City go out and excavate a pit. Mr Jimmy Till, 1265 Southern Minerals Road, agreed with the suggestion of the City purchasing property and using its own soil. He asked if the residents in the area wanted a lake and inquired if the park would have an odor, and Mr. Utter responded that there would be no odor from the park. For clarification, City Attorney Bray stated that he does not believe that the force majeure provision in the contract would be bilateral and he requested direction from the Council to change that part of the provision. He stated that even though there has been much discussion about park land, the contract itself leaves it completely open for the Council to determine, in the future, what the public use of the property would be. Council Member Martin moved to amend the contract to include the force majeure provision to extend bilaterally to the City, as well as to the contractor. The motion was seconded by Council Member Slavik and passed unanimously. Assistant City Secretary Himmel polled the Council for their votes and the following motion passed as amended. 10. M91-328 Motion authorizing the City Manager to execute an agreement with Bay, Inc. in the amount of $1,431,000, for the purchase of 900,000 tons of soil over a twenty-four month period and the conveyance of a 73 acre tract out of the Las Colonias Subdivision, in accordance with the terms and conditions of the Public Purpose Land Donation and Excess Excavation Material Agreement on file with the City Secretary. The foregoing motion passed, as amended, by the following vote: Rhodes, Galindo, Longoria, Martin, Moss and Slavik voting, "Aye"; McComb and McNichols voting, "No"; Guerrero absent at the time the vote was taken. t f f t#• f Y i i t f i Mayor Rhodes opened the public hearing on closing, but not abandoning, the right- of-way of Holly Road from a point 0.75 miles east of Lexington Road to Oso Bay. No one spoke in opposition to the closure. A motion was made by Council Member Moss to close the public hearing; seconded by Council Member Slavik and passed unanimously. Assistant City Secretary Himmel polled the Council for their votes and the following ordinance passed on first reading: Minutes Regular Council Meeting December 3, 1991 Page 9 11. FIRST READING CLOSING, BUT NOT ABANDONING, THE RIGHT-OF-WAY OF HOLLY ROAD FROM A POINT 0.75 MILES EAST OF LEXINGTON ROAD TO OSO BAY, AND ERECTING BARRICADES TO PREVENT VEHICULAR ACCESS. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mayor Rhodes opened the public hearing on closing and abandoning portions of street and alley rights-of-way not previously closed in the area bounded by U.S. Highway 181, Navigation Boulevard, Avenue F, and Breakwater Avenue; and the closure of a portion of the sewage disposal right-of-way north of Navigation Boulevard. No public comment was made during the hearing. Mayor Pro Tem Guerrero moved to close the public hearing; seconded by Council Member Moss and passed unanimously by those present and voting. Assistant City Secretary Himmel polled the Council for their votes and the following ordinance was passed: 12. ORDINANCE NO. 021299 CLOSING AND ABANDONING FOR ALL PURPOSES THE FOLLOWING STREETS AND ALLEYS WHICH HAVE NOT BEEN PREVIOUSLY CLOSED BY ORDINANCE NO. 295 PASSED AUGUST 12, 1930 OR ORDINANCE NO. 719 PASSED MAY 28, 1937 WITHIN BROOKLYN ADDITION AS RECORDED IN VOLUME A PAGES 30-32 OF THE MAP RECORDS NUECES COUNTY, TEXAS: (1) PEARL STREET, EAST OF BLUNTZER STREET BETWEEN AND ADJACENT TO BLOCKS 51 AND 52; (2) THE ALLEY WITHIN BLOCK 52: (3) TIMON BOULEVARD, EAST OF AND ADJACENT TO BLOCK 52; (4) BLUNTZER STREET, SOUTH OF PEARL STREET, BETWEEN AND ADJACENT TO BLOCKS 51 AND 90; (5) THE ALLEY WITHIN BLOCK 90; (6) MESQUITE STREET, SOUTH OF PEARL STREET, BETWEEN AND ADJACENT TO BLOCKS 90 AND 97; (7) THE ALLEY WITHIN BLOCK 97; (8) 10TH STREET, EAST OF F STREET, BETWEEN AND ADJACENT TO BLOCKS 96 AND 97; (9) THE ALLEY WITHIN BLOCK 96; AND (10) F STREET, WEST OF AND ADJACENT TO BLOCKS 96 AND 97. ALL AS SHOWN ON EXHIBIT A-1 AND 1-2; CLOSING AND ABANDONING FOR ALL PURPOSES THAT PORTION OF THE SEWAGE DISPOSAL RIGHT-OF-WAY NORTH OF NAVIGATION BOULEVARD AS DESCRIBED IN VOLUME 221, PAGE 494 DEED RECORDS, NUECES COUNTY, TEXAS DATED Minutes Regular Council Meeting December 3, 1991 Page 10 SEPTEMBER 8, 1936, SUBJECT TO CERTAIN CONDITIONS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik absent at the time the vote was taken. s s: r s s s s a s e s e Mayor Rhodes called for consideration of Item 13, accepting an approximate 4.675 acre tract adjacent to the Westside Sanitary Landfill for slope control and perimeter access. There were no comments from the Council or the audience. Assistant City Secretary Himmel polled the Council for their votes and the following motion passed: 13. M91-329 Motion accepting an approximate 4.675 acre tract adjacent to the Westside Sanitary Landfill for slope control and perimeter access. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Moss voting, "Aye"; Slavik absent at the time the vote was taken. Mayor Rhodes opened the public hearing on the following zoning application: 14. Case No. 1191-1. Medical Care International, Inc.: A change of zoning from "AB" Professional Office District to "B-4" General Business District on Lots 5, 15, 16 and portions of Lots 11, 12, 13 and 14, Block 8, Bayview Addition, located on the northeast corner of Morgan and Santa Fe Streets. Mayor Rhodes stated that both the Planning Commission and staff recommend denial of the "B-4" District, and in lieu thereof, recommend approval of a 'B-1" Neighborhood Business District. Mayor Rhodes inquired if the "B-1" zoning is acceptable to the applicant, and he replied in the affirmative. Michael Gunning, a City planner, gave a video presentation of the subject site and described the land use and zoning in the surrounding area. He stated that the applicant is requesting a zoning change to develop the property with a parking lot, stating that it is currently occupied by undeveloped land. Minutes Regular Council Meeting December 3, 1991 Page 11 Mr. Clyde Jackson, 1225 Third Street, stated that he owns property that abuts the subject property. He explained that he is not opposed to the proposed parking lot provided there is a fence on the sides that abut the residential property. He also spoke of the potential traffic problem. Following a brief question and answer period, Council Member Martin requested that the Council be provided a more detailed summary describing the zoning case. The applicant discussed the plans for the project and also informed how the subject property will be developed. He showed a layout of the proposed parking plans and stated that he would be willing to put up a screening fence. Discussion followed and Mr. Gunning stated that the area has established itself as an office multi -family area. He stated that he does not believe the area is transitioning into a more commercialized area. Council Member Martin moved to close the public hearing; seconded by Council Member McComb and passed unanimously. Council Member McNichols stated that he did not agree with the assessment that this area is not transitioning toward a more commercial area, and Mr. Gunning then agreed with Dr. McNichols, stating that the City is seeing an increase of pharmacies and parking areas for medical offices in the area. Assistant City Secretary Himmel polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021300 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MEDICAL CARE INTERNATIONAL, INC., BY GRANTING A CHANGE OF ZONING FROM "AB" PROFESSIONAL OFFICE DISTRICT TO 'B-1" NEIGHBORHOOD BUSINESS DISTRICT ON LOTS 5, 15, 16, AND PORTIONS OF LOTS 11, 12, 13, AND 14, BLOCK 8, BAYVIEW ADDITION; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Guerrero absent at the time the vote was taken. Mayor Rhodes opened the public hearing on the following zoning application: 15. Case No. 1191-2. Robert Harris: A change of zoning from 'R -1B" One -family Dwelling District to 'B-1" Neighborhood Business District on Lot 3, Block 8, Minutes Regular Council Meeting December 3, 1991 Page 12 Gardendale No. 2, located on the south side of Curtis Clark Drive, approximately 166 feet east of Everhart Road. Mayor Rhodes stated that both the Planning Commission and staff recommend denial of the application. Planner Michael Gunning showed slides of the area. He described the land use and zoning in the surrounding area and stated that the applicant is requesting a zoning change to develop a parking lot for the adjacent shopping center. He described the adjacent zoning and land use. Mr. Robert Harris, the applicant, 5202 Royalton, stated that the shopping center is full of tenants and they are experiencing a parking problem. He discussed the proposed plans and stated that he wishes to develop a parking lot to serve the adjacent retail center. He stated that the existing residence on the property will be removed. Mr. Jim Boller, 5922 Parkland, the applicant's real estate agent, presented maps of the area and reviewed details involving other zoning in the immediate area. He expressed the opinion that the request is reasonable, based on other zoning which has been granted. Mr. Boller pointed out there has been no opposition to the request. He stated that the applicant would be willing to accept a special permit. Mr. Boller stated that the proposed parking lot would provide a buffer from the shopping center. No one spoke in opposition to the zoning change. Mayor Pro Tem Guerrero moved to close the public hearing; seconded by Council Member McNichols and passed unanimously by those present and voting. Mayor Pro Tem Guerrero made a motion to deny the "B-1" zoning and, in lieu thereof, to direct staff to bring forth an ordinance granting a special permit for the parking lot, subject to acceptance by the staff of a site plan with a screening fence and landscaping. The motion was seconded by Council Member McNichols and passed unanimously. Council Member McNichols commented in regard to the color -coded diagram which gives specific references to properties, stating that it is clearly understood and would benefit the Council, and Mayor Rhodes requested staff to present the Council with the cost of those colored maps Mayor Rhodes opened the public hearing on the following zoning application: 16. Case No. 1191-3, Oso Growers. Inc.: A change of zoning from "R -1B" One -family Dwelling District to "F -R" Farm -Rural District on Lot 7, Section 38, Flour Bluff and Encinal Farm and Garden Tracts, located on the southside of Ramfield Road, approximately 630 feet west of Flour Bluff Drive. Minutes Regular Council Meeting December 3, 1991 Page 13 Mayor Rhodes stated that both the Planning Commission and staff recommend approval of the application. No one expressed opposition to the zoning change. A motion was made by Mayor Pro Tem Guerrero to close the public hearing; seconded by Council Member Galindo and passed unanimously. Assistant City Secretary Himmel polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021301 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OSO GROWERS, INC. BY GRANTING A CHANGE OF ZONING FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "F -R" FARM -RURAL DISTRICT ON LOT 7, SECTION 38, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mayor Rhodes called for the City Manager's report, and City Manager Garza informed the Council that next Tuesday the Council will be given a tour of the City's sign shop and he provided details of the tour. Mayor Rhodes called for Council concerns and liaison reports. Council Member Slavik asked if the City is currently requiring the use of water saving plumbing fixtures when doing housing rehab projects, and if not, she requested that they begin doing so, stating that it is a conservation idea. Mr. Garza stated that amendments will be presented to the Council which will affect the City's plumbing code and will conform to the State law. Mrs. Slavik asked for a written staff comment regarding limiting the terms of the City's municipal court judges. Council Member Moss commented about a Highway Bill passed by Congress regarding highway funds and stated that he would like to know more about the Bill, and City Manager Garza stated that staff checked into the Bill, noting that the funds will be funneled down through the State. Minutes Regular Council Meeting December 3, 1991 Page 14 Mr. Moss requested a current financial statement for the Tax Increment Finance Zone No. 1, and City Manager Garza commented on this item, and Mayor Rhodes requested that the Council be provided a memorandum on this matter. Council Member McNichols stated that the policy committee appointed by the Mayor and Council to work with the subcommittee of the Texas Water Commission has met and within a few weeks will bring forth a recommendation for filling some of the positions that were spoken about previously. Council Member McComb referred to the area on Shoreline by Marina Del Sol and reported that it appears that the City is not enforcing its code in terms of maintenance. Mr. McComb referred to the saltwater brine discharge in Nueces Bay and asked if that area is within the City's Extraterritorial Jurisdiction, and City Manager Garza replied in the affirmative. Mr. McComb raised questions about the City's jurisdiction, and City Manager Garza stated that he will check into the situation. City Manager Garza provided an update concerning the December 9th water hearing. Council Member Martin suggested that a letter of appreciation be sent to Mr. Atlee Cunningham for his letter informing the City about the water situation, and City Manager Garza stated that he will take care of it. Regarding a matter brought up by Council Member Galindo concerning the release of chemicals into the ship channel, City Manager Garza stated that he will meet with Mr. Galindo about this matter. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Ron Hudson, 3556 Austin, inquired about winter rate averaging and commented about the water and sewer charges on his utility bill. City Manager Garza stated that he will check into Mr. Hudson's bill. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:02 p.m. on December 3, 1991. Y t i! f i i f i• t i f 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 December 3, 1991, which were approved by the City Council on December 10, 1991. WITNESSETH MY HAND AND SEAL, this the 31st day of December, 1991. 1' Armando Chapa City Secretary