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HomeMy WebLinkAboutMinutes City Council - 12/17/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 17, 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. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Father Christos P. Matos of St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Martin. 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 December 10, 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: (M91-333) Electrical Advisory Board Duane Ricketson - Reappointed Salvatore Vetrano - Reappointed Senior Community Services Advisory Comm. MM P BLMED Minutes Regular Council Meeting December 17, 1991 Page 2 Eli Abrams - Reappointed Elsa Ciminelli - Reappointed Doris Porter - Reappointed J. V. McDonald - Reappointed Ray Garcia - Reappointed Diane Colin - Reappointed Ramiro Hoyos - Reappointed Margaret Ramage - declined Senior Companion Program Advisory Committee Diane Bell - Reappointed Luis A. Ortiz - Reappointed Janet Neely - Reappointed Delia Acuna - Reappointed Alicia Guzman - Reappointed June Faver Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 14, and Council Members requested that Items 2, 3, 4, 5, 6, 11, 13 and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-334 Motion approving a supply agreement for meal delivery service consisting of approximately 95,000 meals for the Elderly Nutrition Program in accordance with Bid Invitation No. BI -0008-92 with R & R Delivery Service, Corpus Christi, Texas, based on low bid for the estimated annual expenditure of $107,049. The term of the contract shall be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. This service will be administered by Senior Community Services and funds have been budgeted for FY 91-92. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 7. M91-339 Motion authorizing the City Manager or his designee to execute an agreement with Nueces County Mental Health Mental Retardation Community Center (MHMR) which provides $150,000 from the FY 91 Community Development Block Grant Program (CDBG) for the acquisition of property located at 212/218 S. Staples. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 8. M91-340 Minutes Regular Council Meeting December 17, 1991 Page 3 Motion awarding a contract for $78,273 to Sides Supply, Inc., to provide new bleachers and flooring improvements to the Ben Garza Gym. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 9. M91-341 Motion approving Amendment No. 1 to the Contract for Engineering Services for Dechlorination Facilities at Wastewater Treatment Plants with Urban Engineering for an additional fee of $20,350. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 10. ORDINANCE NO. 021298 CLOSING AND ABANDONING A 5 -FOOT WIDE BY 195.18 -FOOT LONG UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE OF LOT 5, BLOCK 17, KING'S CROSSING, UNIT 1, PHASE 2 SUBDIVISION, SUBJECT TO CERTAIN PROVISIONS; 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." 12. SECOND READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH NUECES COUNTY FOR CONTINUATION OF BEACH CLEANING AND LIFEGUARD SERVICES ON CITY ANNEXED PADRE ISLAND BEACHES UNTIL JULY 31, 1992 AND APPROPRIATING AN ADDITIONAL STATE GRANT IN THE APPROXIMATE AMOUNT OF $11,000. The foregoing ordinance passed on second reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 14. ORDINANCE NO. 021304 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 third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Minutes Regular Council Meeting December 17, 1991 Page 4 s s x e s s s s a s a s s Relative to Item 2, approving supply agreements for library books and recordings, Council Member Slavik inquired why the City is purchasing books from the FY 92-93 General Fund Budget, and City Manager Garza responded that this is an annual purchasing agreement which expands more than one fiscal year and it is normal for the City to bid in this manner. Mr. Garza stated that the monies would not be spent unless the budget is approved in July. Responding to a question from Council Member McNichols, City Manager Garza stated that the annual supply agreement is more advantageous because it offers a volume discount. Council Member Slavik raised questions on Item 3, approving a supply agreement for the hauling of approximately 936 loads of wastewater sludge, and Victor Medina, Public Utilities Director, responded that the Whitecap expansion of 800,000 gallons of wastewater per day has been completed. He stated that because of financial reasons, the City could not make the improvements needed to take care of the sludge. Relative to questions raised by Council Member McNichols on Item 4, Dean Family Farms water well lease, City Manager Garza commented about the lease and stated that a condition for renewal of the lease is that the City do the road repairs. Council Member Moss inquired if the City is giving up water rights, and City Manager Garza replied that the City is not giving up any water rights. On item 5, execution of an agreement with Browning-Ferris, Inc, Council Member McComb raised a series of questions about the RFP and expressed concern about the bid process system, and Tom Utter, Public Works Director, responded to the questions regarding the bid proposal. He stated that the recommended bid from Browning-Ferris, Inc. was an all or nothing bid, and Mr. McComb expressed the opinion that it is a non- responsive bid. A discussion followed on the criteria used to compare RFP's for receiving and marketing of recyclables. Mr. Utter stated that the Browning-Ferris bid is responsive to the City's specifications. He elaborated on the specifics of the Browning-Ferris proposal. Council Member McNichols expressed the opinion that the companies in this business are limited, stating that there is not a ready market for all of the different items that the City is trying to recycle. He stated that unless we decide that we are only going to recycle a few items and not try to market the other items, the City will probably go with one of these all or none situations. A discussion followed in regard to the bid proposals, and Mr. Utter discussed how the bid price was determined. He stated that this is a one-year contract with option to extend for up to two additional years, and City Manager Garza pointed out that the City has a guarantee with Browning-Ferris to take the City's materials for one year. Minutes Regular Council Meeting December 17, 1991 Page 5 Council Member Martin referred to the letter from Can Handler which raised a series of specific questions. He suggested that it would be advantageous to postpone this item for a week and develop a written response to Can Handler. Mr. Martin inquired about a performance bond, and Mr. Utter stated that the City does not have a requirement for a performance bond for this particular contract, but indicated that it may be a prudent thing to do. Mr. Martin expressed concern that there is no performance bond. City Attorney Bray stated that without a performance bond, the City could sue them for damages and because it would be a breach of contract, we could recover attorney's fees, assuming the company is solvent. Following a question and answer period, City Manager Garza concurred with Council Member Martin's suggestion to postpone the item until December 31. He stated that he will respond to the various issues. In response to a question from Mayor Rhodes, City Manager Garza stated that he does not have a problem with presenting approval of the contract extension to the Council. Relative to Item 6, approval of Texas Department on Aging Grant for RSVP, Council Member Slavik expressed support of the program and raised questions in regard to the budget, and City Manager Garza and Malcolm Matthews, Director of Park and Recreation, provided background information on the RSVP program and discussed specifics of the budget. Responding to questions from Council Member Moss on Item 11, EMS instructors, City Manager Garza stated that the City attempted to do the training in-house. He stated that a recommendation was made by the Ad Hoc Committee to add the instructors in the budget but it had not been done yet. Mr. Garza stated that the volunteers will be civilians and as trainers, they would not have supervisory responsibilities. On Item 13, farming lease agreement - 23.019 acres Saratoga Place & Bohemian Colony Lands, Council Member McNichols questioned the City's procedures regarding farm leases, and City Manager Garza stated that the City's procedures regarding farm leases require three readings, stating that there is no emergency involved. Relative to Item 15, proposed parking fine increase, Mr. J. E. O'Brien, 4130 Pompano, expressed the opinion that a fifty -percent increase does not appear to be warranted. He stated that the 10,000 warrants which were dismissed and the removal of the meters downtown should reduce expenses. Mayor Rhodes justified the reason for raising the parking fines. She referred to the 10,000 tickets that were dismissed and stated that the tickets were so old that most of the people involved are deceased and the police officers who were involved in the cases are no longer with the City. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting December 17, 1991 Page 6 2. M91-335 Motion approving supply agreement for library books and recordings in accordance with Bid Invitation No. BI -0313-91 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $426,814.23. The terms of the agreements shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These books and recordings will be used by the Corpus Christi Public Library System and the Corpus Christi branch of the South Texas Library Systems. Brodart Company Williamsport. PA $224,765.79 (Adult Books) Grand Total: $426,814.23 Baker & Taylor Books Charlotte. NC $202,048.44 (Children's Books) (Small Press Books) (Literacy Materials) (Adult & Children Audio Visual Materials) The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 3. M91-336 Motion approving a supply agreement for the hauling of approximately 936 loads of wastewater sludge in accordance with Bid Invitation No. BI -0044-92 with Allwaste Services of Corpus Christi, Inc., Corpus Christi, Texas, based on the low bid of $46,800. 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 service will be used by the Wastewater Department and funds have been budgeted for FY 91-92. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye? 4. M91-337 Motion authorizing the City Manager or his designee to execute a release of a water well lease with Dean Family Farms. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 5. Postponed Minutes Regular Council Meeting December 17, 1991 Page 7 6. M91-338 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department on Aging accepting a grant of $11,940 for the continued support of the Retired Senior Volunteer Program during FY 91-92. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 11. ORDINANCE NO. 021299 AMENDING THE FISCAL YEAR 1991-92 BUDGET ORDINANCE TO ADD TWO ADDITIONAL EMS POSITIONS; 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." 13. ORDINANCE NO. 021303 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE A ONE-YEAR LEASE AGREEMENT WITH LARRY J. MOKRY FOR A 23.019 ACRE 1RACT 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 third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 15. ORDINANCE NO. 021305 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. Minutes Regular Council Meeting December 17, 1991 Page 8 The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo voting, "No." Mayor Rhodes called for consideration of Item 16, airport liability and excess workers' compensation insurance renewal, and City Manager Garza presented a general overview of the program. He stated that this is excess coverage and will result in a lower cost to the City. Council Member Slavik referred to the fee for excess workers' compensation and expressed concern about the high cost, and Tomas Duran, Director of Management and Budget, stated that the fees are standard. He stated that the fee is negotiated and that this method is the most cost-effective way. Following a discussion on the airport liability and excess workers' compensation insurance, Assistant City Secretary Himmel polled the Council for their votes and the following motion passed: 16. M91-342 Motion recommending renewal of the City's Airport Liability and Excess Workers' Compensation insurance policies through W.L. Dinn and Company at an estimated annual premium of $122,673.50. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." On Item 17, group health program, City Manager Garza provided background information regarding a managed care agreement with Southwest Managed Benefits, Inc. which would provide technical assistance in the implementation and administration of the health plans. He stated that it is recommended that the City employees go to Memorial Hospital as the preferred provider of services. He stated that this program would encourage people and build incentives for employees to go to Memorial Hospital, Memorial Family Practice Center and the Thomas Spann Clinic. He stated that this is an aggressive attempt to bring the City's health care costs under control. Mr. Garza stated that he is also recommending that additional benefits be extended to City employees at a group rate at 100 percent their cost, pointing out that this does not include any City involvement in the cost of those benefits, except in deducting the money from their paychecks and paying the group insurance providers. He stated that these are items such as extended disability insurance, extended term life, universal life benefits and also dental insurance. The City Manager and Tomas Duran, Director of Management and Budget, responded to a series of specific questions raised by the Council regarding the insurance Minutes Regular Council Meeting December 17, 1991 Page 9 premiums. A discussion followed on the premium comparisons for group health. Mr. Duran explained the charge of Southwest Managed Benefits, stating that the City is not equipped to provide this service. Mr. Duran discussed the total anticipated savings of the program. Council Member McComb expressed concern about the high cost of insurance and asked how much the City pays for its health care coverage for the employees on an annual basis, and City Manager Garza stated that it is approximately $9 million which includes the employee portion. City Manager Garza stated that all of the proposed agreements may be authorized by the City Manager in accordance with Ordinance 18323 with notice to the Council of the action taken, and Council Member Martin expressed concern because the ordinance could allow the City to pay 100 percent of the cost or the City Manager could decide to pay for disability and dental coverage. City Manager Garza stated that would not do this without bringing it to the attention of the Council. Council Member Moss stated that he was pleased that the proposed plan encourages the use of Memorial Hospital which is tax -supported. Assistant City Secretary Himmel polled the Council for their votes and the following motion was passed: 17. M91-343 Authorize the City Manager to execute a managed care agreement with Southwest Managed Benefits, Inc. to provide technical assistance to the City Manager in his implementation and administration of the health plans, including Preferred Provider Agreements, at an estimated annual cost of $73,000. The foregoing motion passed by the following vote: Rhodes, Longoria, Martin, Moss and Slavik voting, "Aye"; Galindo voting, "No"; McNichols abstaining; Guerrero and McComb absent at the time the vote was taken. Mayor Rhodes called for consideration of Items 18 and 19, oil and gas ordinance. She noted that the ordinance had passed on two readings and there is an amendment which has to pass before the third reading. Council Member Moss noted that this amendment will be presented to the Oil and Gas Advisory Committee that afternoon. He suggested tabling this item until the next meeting in case there is feedback from the committee. Bill Hennings, Director of Development Services, stated that this was originated by that committee, noting that they have not seen the amendment. He elaborated on the amendment and stated that it does not raise the Liability insurance. Minutes Regular Council Meeting December 17, 1991 Page 10 Assistant City Secretary Himmel polled the Council for their votes and the following motion and amended ordinance passed: 18. M91-344 Motion that the ordinance passed on first reading on October 29, 1991, and passed on second reading on November 5, 1991, amending the Code of Ordinances, Chapter 35, Oil and Gas Wells, by amending sections 35-3, 35-16, 35-34, 35-35, 35-60, 35-80, 35-105, 35-107, 35-130, and 35-133, be amended prior to third reading by amending in Section 1 of said ordinance paragraph (a) of Section 35-80, said paragraph (a) to read as follows: "(a) The holder of any well permit issued hereunder shall obtain and maintain in force insurance required as determined in accordance with the provisions of Ordinance No. 19277, as amended." The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols and Slavik voting, "Aye"; Moss voting, "No." 19. ORDINANCE NO. 021306 AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, BY AMENDING SECTIONS 35-3, 35-16, 35-34, 35-35, 35-60, 35-80, 35- 105, 35-107, 35-130, AND 35-133. The foregoing ordinance passed on third reading, as amended, by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb and McNichols voting, "Aye"; Moss and Slavik voting, "No." i! i* i i; i i i i i R Mayor Rhodes called for consideration of Item 20, case No. 1191-2, Robert Harris, "R -1B to 'B-1," which was previously heard by the Council and is being presented for a special permit. Mrs. Rhodes inquired if the applicant agrees with the proposed conditions of the special permit, and Mr. Harris responded in the affirmative. Assistant City Secretary Himmel polled the Council for their votes and the following ordinance was passed: 20. ORDINANCE NO. 021307 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RICHARD HARRIS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS ON LOT 3, BLOCK 8, GARDENDALE NO. 2: AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 17, 1991 Page 11 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 consideration of Item 21, establishing a capital reserve for the Aviation Fund, and City Manager Garza provided background information and stated that this allows the City, working within the contract with the aviation industry, to set aside some funds for the improvement of the airport and at the same time benefit in terms of the rental rates. He stated that it does include $117,000 in proposed capital improvement projects which would be requested for appropriation at a later date. Council Member McNichols inquired why the City is establishing this reserve fund at this time, and City Manager Garza responded that the City now has operating results; we know what our cash balances are; and we know what the contract allows us to set aside as a reserve. Assistant City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 21. ORDINANCE NO. 021308 AMENDING THE FISCAL YEAR 1991-92 BUDGET ORDINANCE, AVIATION FUND BUDGET, TO ESTABLISH A CAPITAL RESERVE IN THE AMOUNT OF $436,655 AND APPROPRIATING $117,000 FOR CAPITAL EXPENDITURES DURING FY 1991-92; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo absent at the time the vote was taken. Mayor Rhodes declared a five-minute recess. Mayor Rhodes reconvened the Council Meeting and opened the public hearing on the proposed amendments to the final statements for the FY 86, 89, 90 and 91 Community Development Block Grant Program. No one objected to the funding recommended by staff. Council Member Martin moved to close the public hearing; seconded by Council Member Galindo and passed unanimously. Minutes Regular Council Meeting December 17, 1991 Page 12 Responding to a question from Council Member Martin, Kelly Elizondo, Senior Director of Housing & Community Development, stated that this is the first public hearing held. He advised that there were no other requests submitted for these reallocated funds. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 22. ORDINANCE NO. 021309 AMENDING THE FISCAL YEAR 91 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE FISCAL YEAR 91 CDBG PROGRAM AMENDMENT; AND APPROPRIATING FUNDS FOR THE APPROVED FISCAL YEAR 91 PROJECTS; 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 opened the public hearing on the following zoning application: 23. Case No. 1191-4. Walter Wisznia: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of Lots 3, 4 and 5, Block 11, Flour Bluff and Encinal Farm and Garden Tracts located on the south side of Saratoga Boulevard, approximately 1,700 feet east of S. Staples Street. 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. She asked if the applicant concurs with the "B-1" zoning, and the response was affirmative. Michael Gunning, a City planner, gave a video presentation on the existing land use map and described the subject property and adjacent zoning and land use. Video slides of the Southside Development Plan were shown and Brandol Harvey, Planning Director, located the subject property and provided background information. He reviewed the zoning request and discussed the proposed recommendation. Mr. Harvey responded to questions from the Council. Mr. Ed Prichard, 1500 Texas Commerce Plaza, an attorney representing Shell Management Company, spoke in opposition to the zoning change. He stated that this is not good zoning or good planning. He commented about the Planning Commission meeting and stated that the zoning change would have an adverse impact by causing Saratoga Boulevard to become a commercial strip. Mr. Prichard presented material to the Council and commented in regard to the Council's policy statements and the Southside Area Minutes Regular Council Meeting December 17, 1991 Page 13 Development Plan. He stressed that the City's Southside Area Development Plan calls for the property to remain residential. Mr. Harvey and Mr. Prichard responded to specific questions raised by the Council in regard to the zoning change. Mr. Clayton Hoover, 250 Mitchell, an attorney representing Saratoga Staples Plaza, expressed opposition to the zoning change. He stated that the medical mall would severely change the character of the neighborhood. He stated that the project which is contemplated is not a hospital; it is a business; it is a private investment; and it is a retail mall almost as big as Sunrise Mall. Mr. Hoover stated that the zoning change would negatively affect the Bent Tree subdivision and many of the Bent Tree owners are concerned about "B-1" zoning because it allows multi -family development. Mr. Hoover responded to questions raised by the Council. He stated that the medical retail center is unnecessary because Spohn Hospital is planning a similar professional office building on its new site. He stated that he supports the Southside Area Development Plan. Council Member Martin stated that the Council knows what zoning is and understands that rezoning has nothing to do with projects. He stated that the Council's responsibility is to look at what is proper zoning and that is what is before them today. Discussion followed and Mr. Harvey stated that the mission of the Council when considering rezoning is to look at all the elements of the comprehensive plan. He stated that the Council can deviate from the plan if they deem it is justified, stating that is in the Charter. Mr. T. S. Scibienski, Chairman of the Board of Governors of Driscoll Children's Hospital, spoke on behalf of Walter Wisznia, the applicant. He presented a site plan of the proposed medical mall. He stated that if they are going to develop the area, they may possibly continue the development of health care for other things beside the medical mall but they all will be related to health care. He assured the Council that they would not build any apartments. Mr. Wayne Lundquist, 5042 Greenbriar, stated that he has spoken with each of the property owners within the 200 -foot radius of the property and initially all but one was in agreement with the project and the "B-1" zoning, noting that individual has now changed his mind. He stated that the Driscoll Foundation will not build any apartments there. He stated that the foundation is not a developer trying to rezone property for resale. Mr. Ralph Cobb, 700 Everhart, Cobb -Lundquist Realtors, spoke in favor of the application. He stated that the reason Driscoll desires to be across from Spohn is because of a common interest. A motion was made by Council Member McComb to close the public hearing; seconded by Council Member Guerrero and passed unanimously. Minutes Regular Council Meeting December 17, 1991 Page 14 Following a brief question and answer period, a discussion followed regarding a special permit which was recommended by Council Member Martin with Mayor Rhodes concurring. Mr. Scibienski assured Council Member Martin that the medical complex will be rendered on the tax roll. City Secretary Chapa polled the Council for their votes and the following ordinance failed to pass: Failed to pass AMENDING THE ZONING ORDINANCE UPON APPLICATION BY WALTER WISZNIA BY GRANTING A CHANGE OF ZONING FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON PORTION OF LOTS 3, 4, AND 5, BLOCK 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance failed to pass by the following vote: Guerrero, Galindo, Longoria, McNichols voting, "Aye"; Rhodes, Martin, McComb, Moss and Slavik voting, "No." Council Member Martin moved to reconsider Item 21. The motion was seconded by Mayor Rhodes and passed unanimously. Mr. Martin moved to direct staff to draft an ordinance for presentation to the Council which provides for a special permit approving "B-1" uses on the site in question, subject to the conditions of set back, no apartment use, and a submission of a plat on the entire piece of property. The motion was seconded by Mayor Rhodes and passed unanimously. Mayor Rhodes announced that it was the consensus of the Council to table the Operations and Management consulting audit. Mrs. Rhodes stated that the deadline for the municipal court judge applications has passed. She stated that by December 24 the Council's four selections have to be presented to the City Secretary. Mayor Rhodes referred to the group of mayors of the eight largest cities in the State of Texas who are working on an anti-crime program and informed the Council that the committee has met twice. She assured the Council that she will provide them with information on the progress of the program. She stated that Corpus Christi will host one of the meetings soon. Council Member Martin referred to the memorandum regarding the Zelda Clary zoning case in which the staff indicated a willingness to comply with her request to delay Minutes Regular Council Meeting December 17, 1991 Page 15 placing the ordinance granting a special permit on the agenda. Mr. Martin expressed the opinion that this is a delaying tactic on her part which allows her to continue the operation of her home occupation without the proper zoning. He stated that the ordinance should be on the agenda of December 31; otherwise, the zoning should not be changed. Council Member Martin made reference to a statement made during the recent discussion of the use of the Watergarden to the effect that Cargo Dock I Pavilion could not be used for a two-day art show according to the representative of the Art Museum of South Texas. He questioned that statement since according to the document provided the Council this week, they do not deal with the Port but with City staff. City Manager Garza stated that we could not guarantee the availability of the pavilion for several consecutive days. Council Member Slavik expressed concern that the historical marker for the Czech House in Heritage Park has not been installed even though it has been ready since last spring. City Manager Garza stated that he will investigate this. Council Member Slavik informed the members of the Gas Purchase Ad Hoc Committee that she is considering changing the next meeting date now scheduled for January 21. Council Member Slavik suggested that in the future, when the staff is aware that a one-hour or longer presentation is scheduled for the agenda, that the Mayor allow petitions from the audience to be presented prior to the long presentations because citizens who wish to speak have to wait too long. Mayor Rhodes stated that the people present for the presentations should not have to wait either. Council Member McComb suggested that the Council view a videotape of a recycling program, and Mayor Rhodes stated that this should be shown at the next Council Meeting. Mayor Rhodes called for Petitions from the Audience on matters not scheduled on the agenda. Ms. Neva Wilcox, 11910 Yellowstone, teacher and cheerleader sponsor at Tuloso- Midway High School, informed the Council that their varsity cheerleaders have qualified to attend a national cheerleader competition on January 31 in Orlando, Florida, and asked for assistance from the City for their $10,000 in expenses. Council Member McComb made a motion to ask the City Manager to attempt to identify funds from the same sources as the Council directed him to do for the Carroll High School Choir. The motion was seconded by Council Member Martin. Council Member Longoria explained to Ms. Wilcox that she is very proud of the cheerleaders, but authorizing funding for their expenses for the trip would establish a precedent for all schools and she could not vote for the motion. Mayor Rhodes concurred that this is not an appropriate use of tax money. Minutes Regular Council Meeting December 17, 1991 Page 16 The motion failed to pass by the following vote: Guerrero, McComb and Martin voting "Aye"; Rhodes, Galindo, Longoria, McNichols, Moss and Slavik voting "No." Mr. Cheyenne Eichelberger, 2206 Saxony, Chairman of the HIALCO Board, informed the Council that they have not been able to utilize the CDBG funds designated for HIALCO. He described the problems they have encountered. City Manager Garza stated that they are considering using the old Police Station for various purposes. Council Member Martin noted that the Council has just approved funding for the establishment of the Brooks Chapel in the old Police Station and suggested that consideration be given to installing the HIALCO facility in the old Police Building with a separate entrance, and Mr. Garza concurred. Council Member Longoria stated that a town meeting is planned for the Northside area in January, and at that time, consideration will be given to uses for the Police Building. There being no further business to come before the Council, Mayor Rhodes adjourned the meeting at 6:45 p.m., December 17, 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 December 17, 1991, which were approved by the City Council on December 31, 1991. WITNESSETH MY HAND AND SEAL, this the 31st day of December, 1991. City Secretary