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HomeMy WebLinkAboutMinutes City Council - 07/14/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 14, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Jean Longoria Council Members: Cezar Galindo Leo Guerrero 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 Pastor T. H. Gonzalez of Templo Elim Assemblies of God, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member 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 July 7, 1992, and there being no corrections, she proclaimed them approved as presented. Mr. Manny Alvarez, representative of Channel 6, gave a presentation on the 1992-93 "Operation Supply Our Students Program" (Operation SOS). He stated that this program is sponsored by Channel 6 and United Way. Mr. Alvarez next explained the purpose of the program which is to collect school supplies donated by the public for distribution to elementary and high school students in need of supplies. He further discussed the drop off points and the time frame for donated supplies. Mr. Alvarez discussed the need for this program on an annual basis and expressed appreciation to the Mayor, Council Member McComb, and Valero Refinery for their participation. He stated that a presentation ceremony is scheduled for July 18, 1992, at 2:00 p.m. at Wal-Mart on Ayes Street and the public is invited. MICROFILMED Minutes Regular Council Meeting July 14, 1992 Page 2 Mayor Rhodes referred to the Board & Committee appointments and the following appointees were made by the Council. (M92-162) Corpus Christi Area Convention & Visitors Bureau Cathy Harrison - Reappointed Bill Pruet - Reappointed Ricardo Sanchez - Reappointed Barbara Shepphard - Reappointed Stern Feinberg Gene Urban Corpus Christi Regional Transportation Authority Dean Webster - Reappointed Carol Hipp - Reappointed Wayne Lundquist Jr. - Reappointed Mike Speed Eduardo Lopez Landfill Site Selection Committee Cecil Rousseau Jr. (Heavy Industry) Charles F. LeRoy (Heavy Industry) Frances Cummings (Environmental Groups) A. C. Johnson (Other) Joe Adame (Other) Alicia Gallegos -Gomez (Neighborhood Groups) Julia Williams (Neighborhood Groups) Freddy Cavazos (Neighborhood Groups) Florence Adams (Neighborhood Groups) Intergovernmental Cooperation Task Force Brandol Harvey Transportation Advisory Committee Walter Deville Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 19, and Council Members requested that Items 2, 3, 6, 7, 9 and 10 be withheld for discussion. Minutes Regular Council Meeting July 14, 1992 Page 3 City Secretary Chapa polled the Council for their passed: 1. M92-163 votes and the following were Motion approving a supply agreement for general use automotive type filters in accordance with Bid Invitation No. BI -0150-92 with Engine Service and Supply Co., Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $33,000. 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. Funds have been budgeted for FY 1991-92 and requested for FY 1992-93. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 4. M92-166 Motion approving supply agreements for "D.A.R.E.", (Drug Abuse Resistance Education), for items in accordance with Bid Invitation No. BI -0148-92 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $21,883. 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 items will be used by the Police Department for distribution to local elementary school children as part of the D.A.R.E. program. Funds are available through the Law Enforcement Trust Fund. Adams AA Xpress, Unitd. Portland. Texas (pencils, badges, bumper stickers) $4,175 T -Shirt Gallery Corpus Christi, Texas (T -Shirts) $16,308 - subject to price adjustment Grand Total: $21,883 Coyote Sportswear Corpus Christi. Texas (rulers) $1,400 The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 5. M92-167 Motion approving the purchase of two polymer feed systems in accordance with Bid Invitation No. BI -0178-92, from Fluid Dynamics, Inc., Boulder, CO, for the total Minutes Regular Council Meeting July 14, 1992 Page 4 amount of $10,080, based on low bid. The equipment will be used by Wastewater Services and is budgeted in the FY 1991-92 Capital Outlay. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 8. M92-170 Motion awarding a contract in the amount of $128,507 to Garrett & Associates for construction of a restroom facility in adjacent parking at Nueces River Park. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 11. ORDINANCE NO. 021425 Ordinance authorizing the execution of a Use Privilege Agreement with Groundwater Technology, Inc., to drill and monitor three wells within the right-of-way of Elizabeth and Cloyde Streets, for the Circle K Store No. 389, at 1802 Baldwin, Tracy Addition and Baldwin Park, and establishing a use fee of $300. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 12. ORDINANCE NO. 021426 Ordinance authorizing the execution of a Use Privilege Agreement with Groundwater Technology, Inc. to replace three steel roadboxes on existing monitor wells within the right-of-way of Rickey Street and McArdle Road for the Diamond Shamrock Store No. 130 at 6330 McArdle, Oso Place Unit 4, and establishing a use fee of $150. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye.' 13. ORDINANCE NO. 021427 Ordinance approving the reimbursement application submitted by P.E.T.C.O., owners of Lot 1, Block 3, Airport Industrial Subdivision, for the installation of 1,780 linear feet of 10 -inch PVC sanitary sewer line, and appropriating $35,121.00 from the Sanitary Sewer Line Collection Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." Minutes Regular Council Meeting July 14, 1992 Page 5 14. ORDINANCE NO. 021428 Ordinance approving the assignment of Terminal News and Gift Shop Concession Agreement from Dobbs Houses, Inc. to Host International, Inc., with Host International, Inc. assuming all obligations and responsibilities on the same terms and conditions as set forth in said agreement. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 15. FIRST READING ORDINANCE Amending the City Code of Ordinances, Chapter 2, Administration, Division 2, Park and Recreation Advisory Committee, Section 2-72 Duties and Division 4, Watershore Advisory Committee, Section 2-82, Duties Section 2-84, Committee's Coordination with Park and Recreation Advisory Committee and Section 2-85, Definitions, adding Oso Creek/Bay and Nueces River/Bay area under committees jurisdiction. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Longoria, Moss, Slavik, McComb, McNichols, Galindo, and Martin voting "Aye." 16. SECOND READING ORDINANCE Authorizing the execution of a one-year residential and grazing lease agreement with Mr. and Mrs. John Y. Hanzalik for a 26 -acre tract of land on Hearn Road which is a portion of the O.N. Stevens Plant property, and approving a rental fee of $900 per month. The foregoing ordinance passed on second reading by the following vote: Rhodes, Guerrero, Longoria, Slavik, McComb, McNichols, and Galindo, voting "Aye"; Martin and Moss voting "No." 17. ORDINANCE NO. 021429 Authorizing the City Manager or his designee to enter into a five-year lease renewal with the Southside Youth Sports Complex, Inc., for the use of two parcels of land at Price Park for youth baseball programs. The foregoing ordinance passed on third reading by the following vote: The foregoing ordinance passed on second reading by the following vote: Rhodes, Guerrero, Longoria, Slavik, McComb, Moss, McNichols, Martin, and Galindo, voting "Aye." Minutes Regular Council Meeting July 14, 1992 Page 6 18. ORDINANCE NO. 021430 Authorizing the City Manager or his designee to renew a five-year lease agreement with Nueces County MH -MR for the Old American Legion Building at 1626 S. Brownlee. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Longoria, Slavik, McComb, Moss, McNichols, Martin, and Galindo, voting "Aye." 19. ORDINANCE NO. 021435 Amending the City Code of Ordinances, Chapter 2, Administration, by amending Division 6, Municipal Arts Commission, Section 2-109, Municipal Public Art Program, to exempt parts of City facilities that are not visited by the public on a routine basis. The foregoing ordinance passed on third reading by the following vote: Guerrero, Longoria, Slavik, Moss, McComb, McNichols, and Galindo, voting "Aye"; Rhodes and Martin voting "No.' Relative to Item 17, Galindo inquired when the City would require the Southside Youth Sports Complex, Inc. to perform year round maintenance on the grass, and City Manager Garza stated that this requirement is presently in effect and that he would investigate this matter. Relative to Item 2, motion approving a supply agreement for service saddles, Dr. McNichols expressed concern regarding the price difference of materials in the bids, and City Manager Garza explained the prices and reasons associated with the difference. Mayor Rhodes opened discussion on Item 3, motion approving a supply agreement for soil to be used at Elliott and Westside landfills. Council Member Martin expressed concern regarding the City purchasing soil from other sources during the term of this contract, and Mr. Garza called attention to the letter dated July 8, 1992, executed by Suntide allowing other soil purchases. Relative to Item 6, motion approving purchase of two front end loaders equipped with sludge retrievers, Council Member McNichols inquired whether or not the loaders needed to be purchased at this time and requested a cost comparison between the loaders and the manual labor currently employed. Mr. Bill Hennings, Director of Public Works/Utilities, explained the capabilities of the equipment, and stated that this purchase would save the City money. Council Member Moss commented that the front end loaders were proven equipment except for the attachments, and Mr. Hennings explained the efficiency of the front end attachments. Minutes Regular Council Meeting July 14, 1992 Page 7 Regarding Item 7, motion authorizing contract for engineering services for design and construction phase services, Council Member Slavik inquired whether or not the involved flow reduction to the Oso Plant would assist in reducing odor problems in the area. Mr. Garza stated this reduction would help, but the current Council decision regarding odor control would be most beneficial. Council Member Moss inquired regarding the contract price of $75,500 in the project, and City Manager Garza stated that this amount was negotiated between the staff and proposer, and that the amount was reasonable based on current standards. Pursuant to Item 9, motion authorizing execution of an agreement with Missouri Pacific Railroad, Council Member McNichols inquired regarding the fees associated with the right of entry agreements. Mr. Angel Escobar, Assistant Director of Engineering, explained that the difference in the two fees resulted from the difference in the distance the water lines would require: one area required a direct crossing of the railroad track, and the second area involved 1300 linear feet running parallel to the railroad track and included the use of the property. Council Member Galindo commented on entry fee agreements and suggested that the City recover actual costs involving attorney fees, etc. Mr. Garza stated he would research the matter and investigate procedures of other Texas cities. Regarding Item 10, motion accepting a grant agreement from the Texas Historical Commission, Council Member McNichols inquired regarding the City's expense for this grant, and Mr. Tom Utter, Director of Development Services, explained that the City's portion involved $7,000 for in-kind services, and explained the Community Development Block Grant amount of $9,873.60 allocated for this project. Responding to several questions from Council Member Galindo, Mr. Utter explained that the project is a site survey to determine what structures in Corpus Christi would be worthy of historic designation and future historic preservation efforts by the City. Responding to Council concerns regarding CDBG funds, Mr. Utter explained that travel expense funds were eligible. Further, Mr. Utter stated that the City's acceptance of the grant would commit City funds for the current Phase II -A portion only, and not future phases of the project. Mr. Galindo further inquired regarding the occupancy of homes included in the survey, and Mr. Utter explained that the owners would be contacted before any plans were initiated. Council Member Slavik expressed concern regarding the travel budget contained in the project, and Ms. Fayrce Goode -Macon, City Planner, explained that the Texas Historical Commission required one staff person to attend the Historical Workshop, but requested three people, including one staff person and two members of the commission. Mr. Utter next explained that, if the travel funds were not utilized, the CDBG portion would be returned to the CDBG fund to be reappropriated by the Council, and the Texas Historical Commission's portion would be returned. Minutes Regular Council Meeting July 14, 1992 Page 8 Council Member McComb inquired regarding the locations involved in the project, and Mr. Utter discussed possible sites for the survey. City Secretary Chapa polled the Council for their votes on the following: 2. M92-164 Motion approving a supply agreement for service saddles in accordance with Bid Invitation No. BI -0145-92 with International Supply, Corpus Christi, Texas, based on low bid meeting specifications for an estimated annual expenditure of $22,598.25. 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 service saddles will be stocked in the Warehouse and used by the Water Division. Funds have been budgeted for FY 1991-92 and requested for FY 1992-93 by the Water Division. The foregoing motion passed by the following vote: Rhodes, Guerrero, Moss, Slavik, Longoria, McComb, Galindo, McNichols, and Martin voting "Aye." 3. M92-165 Motion approving a supply agreement for approximately 550,000 cubic yards of soil to be used at the Elliott and Westside landfills in accordance with Bid Invitation No. BI -0160-92 with Suntide Materials and Trucking, Corpus Christi, Texas based on the low bid of $1,028,000. This contract will be administered by Solid Waste Services. Funds are available from the Public Health and Safety Bond Fund. The foregoing motion passed by the following vote: Rhodes, Guerrero, Moss, Longoria, McComb, Galindo, McNichols, and Martin voting "Aye"; and Slavik voting "No." 6. M92-168 Motion approving the purchase of two front end loaders equipped with sludge retrievers in accordance with Bid Invitation No. BI -0184-92, from Conley -Lott -Nichols Machinery Co., Corpus Christi, TX, based on low bid. The unit price is $35,089 for a total of $70,178. The equipment is budgeted in the FY 1991-92 Capital Outlay by Wastewater Services Department. The foregoing motion passed by the following vote: Rhodes, Guerrero, Moss, Slavik, Longoria, McComb, Galindo, and Martin voting "Aye; and McNichols voting "No." 7. M92-169 Motion authorizing a Contract for Engineering Services with Urban Engineering in the amount of $75,500 for; 1) Design and Construction Phase Services for the diversion of the flows from the Horne Road Lift Station to the Westside Wastewater Minutes Regular Council Meeting July 14, 1992 Page 9 Treatment Plant collection system and the construction of a force main along Staples Street from Louisiana Parkway to Texan Trail in lieu of rehabilitating the gravity trunk main; and 2) Design Phase Services of a force main between the Arcadia Lift Station and the Horne Road Lift Station to be constructed at a future date. The foregoing motion passed by the following vote: Rhodes, Guerrero, Moss, Slavik, Longoria, McComb, Galindo, McNichols, and Martin voting "Aye." 9. M92-171 Motion authorizing the City Manager to enter into a Pipeline Crossing Agreement and a Right of Entry Agreement with the Missouri Pacific Railroad Company in conjunction with the Northwest Area Water System Improvements. The foregoing motion passed by the following vote: Rhodes, Guerrero, Moss, Slavik, Longoria, McComb, Galindo, McNichols, and Martin voting "Aye." 10. M92-172 Motion accepting a grant agreement from the Texas Historical Commission for a grant amount of $4,600 matched by City in kind services and CDBG funding to continue a historical site survey of City properties and authorizing the City Manager to execute and submit the agreement. The foregoing motion passed by the following vote: Rhodes, Guerrero, Moss, Slavik, Longoria, and Martin voting "Aye"; and Galindo, McComb and McNichols voting "No." Mayor Rhodes called for consideration of the Regular Agenda. Mayor Rhodes opened the discussion on Item 20, Public Art for Fire Station No. 1. A discussion ensued regarding the ordinance, and Council Members requested a presentation explaining the proposed changes. Mr. Malcolm Matthews, Director of Park & Recreation, reviewed the funding for this project outlining sources and amounts. Next, Mr. John Yochem, Chairman of the Municipal Arts Commission, presented a miniature model of the art. Mr. Yochem next indicated the specific location for the art work at the Fire Station through the use of slides. Council Member Moss inquired regarding future maintenance of the art work, and Mr. Yochem described the materials and specific upkeep of the proposed art work and stated that it would be low maintenance. Council Member Martin stated that the amendment recently adopted by the Council provided that art work would not be required at each project and would require approval Minutes iegular Council Meeting July 14, 1992 Page 10 by the Council. Mr. Martin requested the specific location of such language in the ordinance, and City Attorney Bray explained that the original ordinance was placed in Council Member's packets in error which produced a misunderstanding. Mayor Pro Tem Longoria inquired whether or not each proposal for art work would be presented to the Council for approval on an individual basis, and Mr. Garza stated in the affirmative. Mayor Rhodes called for comments from the audience. Mr. R. F. Hasker, 1013 Wallace, commented unfavorably on art work for this specific location. City Secretary polled the Council for their votes on Item 20. 20. FAILED TO PASS Motion authorizing an agreement with artist Susan Furini in the amount of $16,480 for the fabrication and installation of art work for the exterior of Fire Station No. 1. The foregoing motion failed to pass by the following vote: Rhodes, Guerrero, Moss, Slavik voting "Aye"; and Longoria, Galindo, Martin, McComb, and McNichols voting "No." City Secretary stated that the motion failed to pass by a vote of five to four. Council Member Moss inquired regarding the monies already spent on the project, and Mr. Matthews stated that a total of $839 had been expended to date. Mr. John Yochem inquired if the Council's disapproval involved the location for the art work or the specific project, and further commented that any public location would qualify for art. A discussion developed and it was determined that some Council Members disapproved of the location of the art work and some disapproved because of the misunderstanding regarding the ordinance. Further discussion ensued and it was later decided that this motion could be readdressed at the next Council meeting after the clarification of the third reading on Item 19. Mayor Rhodes opened discussion on Item 21, resolution urging Congress to reassess implementation of the Safe Drinking Water Act, and seek affordable solutions to demonstrated problems based on scientific data. Mr. Hennings discussed the new regulations posed by the Safe Drinking Water Act of 1974 and the increased costs involved. He next discussed the proposed resolution detailing certain information in each section. Minutes Regular Council Meeting July 14, 1992 Page 11 Council Member McComb expressed support for this resolution and suggested similar resolutions for Storm Water and other comparable areas. Council Member Moss inquired regarding the Texas Water Commission's (TWC) position concerning the Safe Drinking Water Act, and Mr. Hennings stated that the TWC is the enforcing agency for the regulations from Washington and did not devise such regulations. Council Member Galindo stated that he supports the EPA's concern regarding the quality of public water, and inquired whether or not EPA was providing funding for the new regulations. Mr. Hennings answered that EPA was not providing funding and that EPA felt the cost was the responsibility of the public. City Secretary Chapa polled the Council for their vote and the following passed: 21. RESOLUTION NO. 021431 Resolution urging members of Congress and officials of the Environmental Protection Agency to reassess implementation of the Safe Drinking Water Act, and seek affordable solutions to demonstrated problems based on scientific data. The foregoing resolution was passed by the following vote: Rhodes, Guerrero, Moss, Slavik, Longoria, McComb, McNichols, Galindo, and Martin voting "Aye." Mayor Rhodes opened discussion on Item 22, ordinance authorizing the City Manager to execute an amendment to the Bayfest, Inc. agreement, increasing the exclusive use period by one day, allowing for entrance donations, and allowing temporary security fencing. Ms. Mary Ann Rhodes gave a presentation on Bayfest '92 and discussed Bayfest's proposed changes to the agreement. She outlined the effects of these changes and the advantages to the public as well as the City. She further discussed the history of Bayfest and explained the reasons extra funding was needed. Council Member Guerrero expressed concern regarding the donation fee and explained his reasons for such concerns. He next suggested an admission fee in lieu of a donation fee. Council Member Moss inquired whether or not a change in attendance would be anticipated due to the initiation of a fee, and commented on arrangements for police security between the City and Bayfest. City Manager Garza next outlined the arrangements, and a discussion developed regarding this matter. Mayor Pro Tem Longoria inquired regarding the language in the agreement with Bayfest concerning the charging of fees to the public, and City Attorney Bray discussed the relative ordinance involving street closure fees and stated that this ordinance would not apply since the requested fee would be a donation and not an admission. Minutes Regular Council Meeting July 14, 1992 Page 12 Council Member Slavik commented that Bayfest was initially promoted as a free festival, and Ms. Mary Ann Rhodes explained Bayfest's increasing costs. Council Member Martin inquired regarding the City's income from Bayfest, and City Manager Garza explained that the payment would be four percent of gross revenues from the festival or an amount equal to the actual costs incurred by the City, whichever is greater. A discussion developed regarding the initial agreement and the amendments which determined the City's income. Council Member McNichols commented favorably on the perimeter fencing and the donation fee in lieu of an admission fee. Mayor Rhodes called for comments from the audience. Mr. Steve Klocker, a resident of Corpus Christi, commented on the cost of the materials and installation of a fence. He further commented on whether or not a fence was needed. City Secretary Chapa polled the Council for their votes and the following passed: 22. ORDINANCE NO. 021432 Ordinance authorizing the City Manager to execute an amendment to the Bayfest, Inc. Agreement authorized by Ordinance No. 021147 on May 7, 1991; increasing the exclusive use period by one day, allowing for entrance donations, and allowing temporary security fencing. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McComb, McNichols, Moss, Slavik, Longoria, and Martin voting "Aye"; Guerrero voting "No"; and Galindo absent. Mayor Rhodes opened discussion on Item 23, amending Code of Ordinances, Alcoholic Beverage Section, prohibiting the possession, use, or consumption of alcohol beverages in City parks, except as defined by lease agreements or permits. Mayor Rhodes inquired regarding the amendments to the ordinance, and City Manager Garza stated that they were being prepared for the next Council meeting. Mr. Malcolm Matthews, Director of Park & Recreation, discussed the community's need to control alcohol consumption in City parks which are frequented by children. He next discussed the effects this would have on the community as well as the Police Department. Mr. Matthews then discussed the permit process which would facilitate control of alcohol in parks and reviewed the process used by other Texas cities. Mr. Matthews further explained the difficulties enforcing new regulations. Council Member Martin discussed the complications in implementing a permit system for alcohol consumption in parks. Mr. Martin next suggested a system that would allow for Minutes Regular Council Meeting July 14, 1992 Page 13 events such as weddings involving incidental alcohol consumption. Mr. Garza stated that the permit contents would be developed by the City and would allow for such occasions. Mr. Garza next explained that in some cases permits would require liability insurance and discussed other possible permit requirements. Mr. Garza further explained that the City's Risk Manager had the authority to set insurance limits depending on the perceived liability. Council Member Martin further commented that a permit process could be administered by City staff which exercises good judgment regarding the City's exposure to liability. Council Member McNichols commented on a permit process that would not be too restrictive, and discussed possible signage language that could be posted in certain areas alerting the public of the new regulations. Mayor Pro Tem Longoria commented favorably on the ordinance and inquired regarding the fine. Police Chief Garrett stated that the maximum fine was $500. City Manager Garza discussed exceptions to the permits which would include transporting of alcohol onto private property. Next, City Attorney Bray stated that the permit would need to allow for transporting unopened containers to private property. Mayor Rhodes called for comments from the audience. Ms. Abby Saenz, 5127 Cape Ann, commented on behalf of the Intergovernmental Commission on Drug and Alcohol Abuse, stating she was in favor of controlling alcohol in parks. Council Member Martin stated it is important that people understand that this ordinance would not address the issue of general public intoxication or drinking on sidewalks because the City is prohibited from this regulation. Further, he explained that this ordinance would not be detrimental to beer distributors, sponsored activities, or businesses in Corpus Christi. He further stated that the City is merely trying to address uncontrolled drinking in parks where children visit and eliminate improper behavior related to alcohol consumption. Mayor Rhodes commented on the City's request to the State Legislature seeking local control of alcohol. City Secretary Chapa polled the Council for their votes and the following ordinance passed: 23. FIRST READING ORDINANCE Amending the City Code of Ordinances, Chapter 4, Alcoholic Beverages, Section 4-1, Alcoholic Beverages on Public School Property and in Park areas; and Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, Section 36-11, Curfew; Minutes aegular Council Meeting July 14, 1992 Page 14 Alcoholic Beverages, by prohibiting the possession, use, or consumption of any alcoholic beverages in City parks except as defined by leases, agreements or permits. The foregoing ordinance passed on first reading by the following vote: Rhodes, McComb, McNichols, Moss, Slavik, Galindo, Guerrero, Longoria, and Martin voting "Aye." Mayor Rhodes announced the public hearing on the following zoning application: 24. Case No. 692-1. Yunbae Choe: A change of zoning from "B-1" Neighborhood Business District to "B-3" Business District on Block B, Casa Linda Estates Unit 4, located on the south corner of S. Staples Street and Kostoryz Road. Mayor Rhodes stated that both the Planning Commission and staff recommended denial of the "B-3" Business District, and in lieu thereof, recommended approval of a Special Permit for a service station subject to four conditions. Mayor Rhodes asked if the special permit is acceptable to the applicant, and he responded in the affirmative. No one opposed the zoning request. Council Member Guerrero moved to close the public hearing, seconded by Council Member Galindo, and passed unanimously. ORDINANCE NO. 021433 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF YUNBAE CHOE BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SERVICE STATION ON BLOCK B, CASA LINDA ESTATES UNIT 4; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McComb, McNichols, Moss, Slavik, Galindo, Guerrero, Longoria, and Martin voting "Aye.' Mayor Rhodes announced the public hearing on the following zoning application: 25. Case No. 692-3. Richard L. Garza: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot IID, Block 9, Gardendale Subdivision, located on the north corner of Holly Road and Burton Lane. Minutes Zegular Council Meeting July 14, 1992 Page 15 Mayor Rhodes stated that both the Planning Commission and staff approved of the application. Mayor Rhodes called for public comment on the zoning application and there being none, Council Member Guerrero moved to close the public hearing, seconded by Council Member Galindo, and passed unanimously. City Secretary Chapa polled the Council for their vote and the foregoing ordinance passed: ORDINANCE NO. 021434 Amending the Zoning Ordinance upon application by Richard L. Garza by granting a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot IID, Block 9, Gardendale Subdivision. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, McComb, McNichols, Moss, Slavik, Galindo, Guerrero, Longoria, and Martin voting "Aye." Mayor Rhodes recessed the Council Meeting for a closed meeting pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding personal injury litigation; possible action in open session approving settlement in Wolfshohl et al v. City, No. 90-560-D, District Court, Nueces County, Texas. Mayor Rhodes reconvened the Council Meeting. Mayor Rhodes called for the City Manager's report. City Manager Garza explained that Item 28 of the day's Agenda packet was a new feature and would provide the Council Members with future agenda information. Responding to Council Member Slavik's concerns regarding the division of the items, Mr. Garza commented that the dates on the list are tentative and would be readjusted according to the agenda each week. Mayor Rhodes called for Council concerns and reports. Council Member Martin commented on Item 20, motion authorizing agreement with Susan Furini, and City Manager Garza stated that it could be readdressed at the next Council meeting. Next, Mayor Pro Tem Longoria moved to reconsider Item 20 after the third reading of amending the Public Art Ordinance, seconded by Mayor Rhodes, and the motion passed. Minutes tegular Council Meeting July 14, 1992 Page 16 Mayor Rhodes called for a hand vote on the motion to reconsider Item 20, and Rhodes, Guerrero, Longoria, Slavik, Moss, and Martin voted "Aye"; and Galindo, McNichols, and McComb voted "No.' Mayor Rhodes requested City Manager Garza to separate specific projects from the related ordinance in the future, and Mr. Garza stated he would do so. Council Member Slavik commented favorably on the newspaper insert, "Community Choices for the Future," and commented that the some of the inserts were not complete and asked Mr. Garza to look into this matter. Council Member Moss commented on the odor problem near the Kennedy Causeway and inquired whether or not the Whitecap Plant had overflowed. City Manager Garza stated he would investigate this matter. Next, Mrs. Slavik commented that the elevation of the Kennedy Causeway would help alleviate this problem. Council Member Martin commended City Manager Garza and staff on the Budget Memorandum distributed to the Council regarding past Council questions. Next, Mr. Martin commented on the residential and grazing lease agreement with the Hanzaliks and suggested the maintenance for the house be charged to the lessee. Further, Mr. Martin commented on the emergency purchase of materials and services from Bay, Inc. for the recent fire at the Elliott Landfill, and City Manager Garza stated that he would provide further information on this matter. Council Member McNichols commented on the Nueces Estuary Advisory Committee meeting scheduled for July 15, 1992. He further stated he would be attending this meeting and would provide a report to the Council regarding such meeting. Dr. McNichols further stated that he supported Item 13 of today's agenda, ordinance approving the reimbursement application submitted by PETCO, for installing sanitary sewer line, and requested information contained in the Platting Ordinance regarding the procedures of reimbursement. Council Members Moss and Martin suggested that each time a reimbursement is requested from the City, the language in the Agenda Packet specify that the reimbursement complies with City plans and specifications Mayor Rhodes called for petitions from the audience. Mr. R. F. Hasker, 1013 Wallace, commented on the water usage of the USS Lexington. f*• t Y•* t t t t i i There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:15 p.m. on July 14, 1992. 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 July 14, 1992, which were approved by the City Council on July 21, 1992. WITNESSETH MY HAND AND SEAL, this the 21st day of July, 1992. 00 1 Armando Chapa City Secretary SEAL