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HomeMy WebLinkAboutMinutes City Council - 08/18/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 18, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Cezar Galindo Leo Guerrero Edward Martin Joe McComb Dr. David McNichols Betty Jean Longoria ABSENT 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 Pledge of Allegiance to the Flag of the United States was led by Council Member McComb. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of August 11, 1992, and there being no corrections, she proclaimed them approved as presented. Mr. Daniel A. Pedrotti, Chairman of Corpus Christi International Airport Advisory Committee, gave a presentation on the 1992 Annual Report of the Airport Advisory Committee. He reviewed four recommendations which the Committee believes needs current attention. He stated that the first recommendation involves an ordinance adopted in 1987 which they feel interferes with the perceived responsibilities and duties of the Committee. Mr. Pedrotti requested the ordinance be revised to correct the limitations. Mr. Pedrotti next discussed the 1990 Airport Master Plan Update. He stated that the Committee requests that the City begin land acquisition as advised in the Master Plan. Mr. Pedrotti then discussed the need for a vacation package which would be available al:RUFILMED Minutes Regular Council Meeting August 18, 1992 Page 2 nationwide and enhance tourist traffic into the City. He requested the Council instruct the Convention and Visitor's Bureau to develop a plan which would create a vacation package for Corpus Christi. Lastly, Mr. Pedrotti discussed the present position of the Corpus Christi Airport in the managerial structure of the City. He suggested a review of this managerial structure which would improve the convenience, efficiency, and attractiveness of the Airport. Responding to Council Member Guerrero's inquiry, City Attorney Bray stated that the language in the Ordinance relating to the limited duties and responsibilities of the Committee could be amended and returned to the Council for approval. Responding to Mayor Rhodes inquiry regarding the suggested land acquisition in the 1990 Master Plan Update, Mr. Garza stated that it was his understanding that a plan was in progress and would be presented to the Council soon. Mayor Rhodes stated that the creation of a Corpus Christi Visitor's Package was a Council priority item, and asked that the Corpus Christi Area Tourist and Convention Bureau respond to the recommendation. After a brief discussion regarding the last recommendation, review of managerial structure, it was the consensus of the Council that an analysis be performed at a later time. Mayor Rhodes expressed appreciation to the Advisory Committee for their outstanding work. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Item 1 through 19, and Council Members and the audience requested that Items 1, 4, 7, 8, 10, 11, 12, 13, 15, and 16 be withheld for discussion. Mayor Rhodes also stated that Item 5 had been withdrawn from consideration. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M92-206 Motion approving a supply agreement for approximately 2,025 straight ball meter valves in accordance with Bid Invitation No. BI -0193-92 with the Rohan Company, San Antonio, Texas based on low bid for an estimated annual expenditure of $24,196.25. 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. Funds have been budgeted for FY 1992-93 by the Water Division. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. Minutes Regular Council Meeting August 18, 1992 Page 3 3. M92-207 Motion approving supply agreements for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI -0191-92 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $83,319.85. The terms of the contracts shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the suppliers and the City Manager or his designee. These items are used by Maintenance Services and the Fire Department on City -owned vehicles and equipment. Funds have been budgeted in FY 1992-93. Industrial Lubricants Co. Corpus Christi. Texas Items: 2-5.1, 6, 8.1, 8.2, 9.1, 9.2 (Subject to Price Adjustment) $70,564.85 Coastal Unilube, Inc. Corpus Christi. Texas Items: 5.2, 7.1, 7.2, 8.3 $6,320.00 Grand Total: $83,319.85 Valley Solvents & Chemicals Corpus Christi. Texas Item: 1 $6,435.00 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 6. M92-209 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department On Aging accepting a grant of $11,569 for the continued support of the Retired Senior Volunteer Program during FY 1992-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss, voting "Aye"; Slavik absent. 9. M92-212 Motion awarding a contract in the amount of $32,200 to Shiner, Moseley & Associates, Inc., to provide consultant design and construction phase services for replacement of piers A -D on the Lawrence Street T -Head. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. Minutes Regular Council Meeting August 18, 1992 Page 4 14. SECOND READING ORDINANCE Authorizing the City Manager to execute an amendment of sublease for restaurant and cocktail lounge at Corpus Christi International Airport with Hidden Harbor Associates and extending the term of said sublease from July 31, 1992 to July 31, 1997. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 17. ORDINANCE NO. 021456 Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-255, Schedule VI - Decrease of State Law Maximum Speed, by establishing a 25 MPH speed limit on the City -maintained extension of Carmel Parkway between Staples Street and Gollihar Road. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 18. ORDINANCE NO. 021457 Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-250, Schedule I, Streets and Alleys, by designating Brentwood Drive as a one-way street in the southbound direction of travel between Norton Street and Brawner Parkway, during posted school hours. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Martin, and Moss voting "Aye"; Slavik absent. 19. ORDINANCE NO, 021458 Amending the City Code of Ordinances, Chapter 53, Traffic, Section 53-152, Stopping, Standing or Parking Near Hazardous or Congested Places, by providing the City Traffic Engineer expanded authority to establish curbside and roadside parking restrictions. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. Mayor Rhodes opened the discussion on Item 1, motion authorizing the purchase of a used IBM 3081 mainframe computer, several disk drives and other ancillary equipment from EXXON, USA. Minutes Regular Council Meeting August 18, 1992 Page 5 Council Member Martin discussed the City's need to update the mainframe computer system and the current limited budget. Mr. Martin also congratulated staff for their efforts in the purchase. Responding to Council Member McNichols' inquiry regarding the long-term benefits, Mr. Garza discussed the cost of the equipment and reviewed the components included in the purchase. Mr. Garza further stated that the MIS Department felt that this computer would provide sufficient disk storage and processing capabilities for the next several years. Mayor Rhodes opened the discussion on Item No. 4, motion approving supply agreement for approximately 33,000 tons of precoated aggregate. Council Member McNichols expressed concern regarding the six percent cost increase, and Mr. Garza stated that, according to a past analysis, this material proved to be the most cost effective. Mr. Garza further stated that he was pleased with the recommendation and would provide information to the Council regarding the analysis and Staff research. Mayor Rhodes opened the discussion on Item 7, motion approving Amendment No. 2 to the Contract for Engineering Services with Archie Walker Engineering Company. Responding to an inquiry from Council Member Galindo, Mr. Bill Hennings, Director of Public Works/Utilities, reviewed the TRACER Study and the possible consequence of the study. Mr. Hennings also stated that this was a new regulation in the Safe Drinking Water Act and referred to the Council's Resolution on July 14 urging members of Congress and members of Environmental Protection Agency to reassess implementation of the Safe Drinking Water Act. Responding to an inquiry from Dr. McNichols regarding the distributed material, Mr. Carl Crull, Director of Engineering, explained the different phases and fees in the contract. Mayor Rhodes opened the discussion on Item 8, motion approving the purchase of repair services from Waukesha -Pearce Industries, Inc. Council Member Moss inquired about the oil pump failure, and Mr. Garza discussed the circumstances involving machinery failure which was not detected in time to effectuate preventive measures. Mayor Rhodes opened the discussion on Item 10, motion authorizing execution of the Habitat for Humanity -Corpus Christi, Inc. Agreement, and commented that the Council agreed with the Staffs recommendation. The citizen who requested the Item be pulled declined from discussion since he was present to show support. Mayor Rhodes opened the discussion on Item 11, renewal of funding for the Corpus Christi Area Economic Development Corporation. Minutes Regular Council Meeting August 18, 1992 Page 6 Mr. J. E. O'Brien, 4130 Pompano, stated opposition to the contract's two year renewal option and suggested not funding the corporation and transferring the corporation's duties to the Chamber of Commerce. Further, he suggested that the $275,000 savings could be used to employ ten additional City policemen. Mr. O'Brien further discussed reasons for his opposition to the Nueces County Education District's proposed tax increases. Council Member Martin commented that he and Mr. McComb were on the Area Economic Development Board, and discussed past accomplishments of the Corporation. Mayor Rhodes and several Council Members discussed the advantages of the Economic Development Corporation and suggested a presentation to inform the public of the significance of the corporation. Mr. R. F. Hasker, 1813 Wallace, discussed the Corpus Christi Area Economic Development Corporation funding and the one-half cent sales tax for the Department of Defense building. Mayor Rhodes opened the discussion on Item 12, Valuation of the Gas System. Council Member McNichols stated that he was in favor of the motion expediting the RFP process which would allow for an election by the voters on the matter in April of 1993. Council Member Galindo expressed concern regarding the development of an RFP without the appraisal report. Mr. Garza stated that, if the RFP were developed as proposed, it could be presented to the Council along with the Committee's recommendation on the value of the Gas Department. He also stated that this time frame would allow for the issue to be placed on the April 1993 election which would save the cost of an election on this issue by itself. Council Member McComb inquired whether or not the information contained in the appraisal report would be confidential and subject to a closed meeting, and City Attorney Bray stated that he would research this concern and present a report to the Council. Council Member Martin called attention to the expedited initial phases of the contract, and stated that the RFP fee and election costs would be minute when compared to the potential interest earnings from the sale. A discussion developed and it was determined that the early RFP time frame would provide more time for negotiations and educational programs. Mayor Rhodes opened the discussion on Item 13, resolution expressing the desire of the City of Corpus Christi to host the 1997 American Bowling Congress Tournament and Convention. Council Member Martin expressed concern regarding the $3 room subsidy assessed to the attendees in 1997. Mr. Hal Peterson, Director of Convention Facilities, stated that Minutes Regular Council Meeting August 18, 1992 Page 7 this type of fee had been charged for other events in the City. Next, a representative of the Tourist and Convention Bureau stated that the charge is typically included in the room rate to be utilized for transportation costs and can also be utilized for convention center costs. She further stated that the participating hotels were aware of the charge and were in agreement. Next, Mr. Martin suggested a written agreement to avoid any future misunderstandings. Mayor Rhodes opened the discussion on Item 15, adopting the 1992 ad valorem tax rate of $0.60344 per $100 valuation for 1992 to support maintenance and operation and debt service for FY 1992-93. Mr. J. E. O'Brien, 4130 Pompano, discussed reasons for his opposition to the tax increase in the ordinance. Mr. O'Brien also discussed the City's car allowance to City employees, and reiterated his opposition to the proposed tax increases by the Nueces County Education District and Corpus Christi Independent School District. Returning to Item 11, renewal of funding for the Corpus Christi Area Economic Development Corporation, Mr. H. O. Sinunons, 1400 Ocean Drive, commented on the Brownsville Area Economic Development Corporation which was patterned after the City's corporation, and discussed the benefits to the City of Brownsville provided by this organization. City Secretary Chapa polled the Council for their votes and the following passed as follows: 1. M92-205 Motion authorizing the purchase of a used IBM 3081 mainframe computer, several disk drives and other ancillary equipment from EXXON, USA. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 4. M92-208 Motion approving a supply agreement for approximately 33,000 tons of precoated aggregate, Item 304 Type PE of the Texas State Department of Highways and Public Transportation 1982 Standard Specifications, in accordance with Bid Invitation No. BI -0219-92 with Vulcan Materials Company, San Antonio, Texas, based on the low bid of $720,900. 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 material will be used by the Street Department for construction and repairs of City streets. Funds have been budgeted for FY 1992-93. Minutes Regular Council Meeting August 18, 1992 Page 8 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 5. WITHDRAWN West ,c. 7. M92-210 Motion approving Amendment No. 2 to the Contract for Engineering Services with Archie Walker Engineering Company in the amount of $96,730 to authorize the design of interim instrumentation for Filters 1-12 and the replacement of the bar screens for Raw Water Pump Station No. 1, as well as the performance of a TRACER Study as required State regulations, a Laboratory Scale Study and a centralized control Study, all at the O.N. Stevens Water Plant. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 8. M92-211 Motion approving the purchase of repair services from Waukesha -Pearce Industries, Inc., 5226 I-37, in the estimated amount of $11,934.79 for repair of a 1980 model International self elevating scraper used at the sanitary landfills. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 10. M92-213 Motion authorizing the City Manager or his designee to execute an agreement with Habitat for Humanity -Corpus Christi, Inc., to provide $61,000 from the FY 1991 CDBG program for the acquisition of substandard structures and vacant lots. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 11. M92-214 Motion authorizing the City Manager to execute a contract for services with Corpus Christi Area Economic Development Corporation for two years with compensation of $275,000 per annum Minutes Regular Council Meeting August 18, 1992 Page 9 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 12. M92-215 Motion approving Amendment No. 1 to the contract with Resource Management International, Inc., approved by the City Council on June 16, 1992, to adopt the final scope of work for Task Order 1, Part B; appraisal preparation, at no change in fee, and to authorize Task Order 2, request for proposal preparation and proposal review assistance, for a fee not to exceed $48,000 for Sub -Tasks 2-A through 2-E. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Galindo voting "No"; and Slavik absent. 13. RESOLUTION NO. 021454 Resolution expressing the desire of the City of Corpus Christi to host the 1997 American Bowling Congress Tournament and Convention. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik absent. 15. ORDINANCE NO. 021455 Adopting the 1992 ad valorem tax rate of $0.60344 per $100 valuation for 1992 to support maintenance and operation and debt service for FY 1992-93 as follows: $0.47229 - in support of the City's maintenance & operations 0.13115 - in support of debt service $0.60344. - Total Tax Rate The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, McNichols, and Moss voting "Aye"; Martin and McComb voting "No"; Slavik absent. 16. M92-216 Motion approving the 1992 Tax Levy of $36,166,594 based upon the adopted tax rate of $0.60344 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McNichols, and Moss voting "Aye"; McComb voting "No"; Slavik absent. Minutes Regular Council Meeting August 18, 1992 Page 10 Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Item 20, second reading of the security alarm ordinance. Council Member McComb made a motion to amend Section 3-1/2-13 Service fee for City Responses (1) by deleting the proposed increase of Fifty Dollars and assessing a service fee of Thirty Dollars; and amending Section 3-1/2-11 Definitions: Alarm System (2) by deleting the City of Corpus Christi, or any county government or school districts as exempt facilities under the ordinance, seconded by Council Member Guerrero. Responding to Council Member McComb's inquiries regarding the notification process for false alarms, Chief Garrett displayed a colored tag and discussed the notification procedure. Council Member McNichols pointed out that decreasing the amount of allowable false alarms below five is prohibited by State law. Mayor Rhodes then called for a hand vote on Mr. McComb's motion, and the motion failed by a vote of four to three. Council Member McNichols made a motion to not exempt the city, county, or school districts from false alarms fees, seconded by Council Member Galindo. Mayor Rhodes called for a hand vote on the motion, and the motion passed by a vote of six to one. Council Member Martin inquired regarding the time period for the allowable five false alarms, and Chief Garrett discussed the proposed periods for alarm permits and false alarm charges. Mayor Rhodes called for comments from the audience. Mr. Dennis Riley, The Safeguard System, discussed reasons he opposed the ordinance. Mr. Riley further stated that, if alarm companies were allowed to cancel a false alarm call, a twenty percent reduction of false alarms would be evidenced in the City. Mr. Kevin Romel, Alarm Security, expressed concern regarding stricken language in the ordinance and the decrease of the alarm cut-off time. Responding to Mr. Romel's concern regarding the stricken language in the ordinance describing a false alarm, City Attorney Bray stated that the language was stricken to eliminate confusion. Mr. Garza also stated that a charge would be applicable if an investigation of criminal activity was performed. Minutes Regular Council Meeting August 18, 1992 Page 11 City Manager Garza stated that the City did not want to impose additional expenses to security alarm users, and recommended an amendment to the ordinance which would allow a two year period to change automatic shut-off devices. Ms. Whitney Jackson-Crehen, F. S. Jackson Alarms, stated that she opposed the elimination of the forty-five day grace period for new alarm users and suggested raising the fee $38.12 instead of the proposed $50. Mayor Rhodes stated that City Attorney Bray would correct the ordinance to reflect the requested changes. City Secretary Chapa polled the Council for their vote and the following passed as amended: 20. SECOND READING ORDINANCE Amending the Code of Ordinances, Chapter 31/2, Alarm Systems, regarding regulation of alarm systems including permits, fees, false alarms, automatic shutoff, duties and liabilities and related matters. The foregoing ordinance passed on second reading as amended by the following vote: Rhodes, Galindo, Longoria, McComb, McNichols, and Moss voting "Aye"; Guerrero voting "No"; Martin and Slavik absent. Mayor Rhodes opened the discussion on Item 21a, presentation on Park and Recreations Fees, followed by Item 21b, third reading of amending the Code of Ordinances, for rental and recreation fee increases and to add new rental and recreation fees. Mayor Rhodes called for a five minute recess of the Council meeting. s s s t e s s e s: s s Mayor Rhodes reconvened the Council meeting. Mr. Tom Utter, Director of Development Services, reviewed the history of park and recreation fees in the City and, through the use of charts, compared the City's present fees to the City's present revenues. Mr. Malcolm Matthews, Director of Park and Recreation, discussed the proposed adjustments to the Schedule of Park and Recreation Fees and Charges. He stated that these adjustments included the fees which reflect more than a 25 percent increase and new fees and charges. He further stated that the fees could be classified as either youth athletics, adult athletics, or rental fees in the General Fund and golf fees in the Golf Enterprise Fund. Mr. Matthews stated the Department's main objective has been to offset program costs in the General Fund and cover all costs in the Enterprise Fund and included an effort to concentrate on reasonable cost increases without lowering participation levels. Minutes Regular Council Meeting August 18, 1992 Page 12 Mr. Matthews next compared the City's adult athletic fees to other cities in the State, and reviewed fees charged by private entities in the City. Further, Mr. Matthews referred to a chart which displayed a comparison of departmental costs and revenues in each activity. Council Member Martin expressed concern regarding the increase to senior citizens playing golf in the community. He suggested that this fee be increased gradually instead of all at once. Council Member McComb referred to past participation by the Softball Association in the City's softball programs, and suggested that the City review contracts for this service. Mr. Matthews discussed the present attempts to make the softball program a private or non- profit operation. Council Member McComb requested a report regarding the recent Games of Texas, and Mr. Matthews discussed the success of the program. Mayor Rhodes also commented on a letter she received complimenting the staff on the fine job. Mayor Rhodes called for comments from the audience. Mr. Curtis Rich, 5314 Crossridge Drive, owner of Grandstands, discussed the competition between the City and the private sector regarding local softball activities. Mr. Rich further stated that the private sector has a higher participation rate and would be willing and able to provide a complete adult softball program which would eliminate the use of tax dollars for a softball program. He next discussed previous negotiations between the City and the Grandstands. Council Member McComb expressed concern regarding Mr. Rich's position on the Park and Recreation Board. Responding to this concern, City Attorney Bray stated that Mr. Rich was entitled to speak to the Council on behalf of his private interest. Mr. Utter stated that staff recommends the continuation of the City's softball program this year and negotiations with the Softball Association and private entities for future years. Council Member McNichols referred to the participation rate of City softball programs, and discussed alternatives to the programs A resident of 4713 Alma Street reviewed his personal involvement in local sports, and expressed concern regarding the creation of a monopoly. He further requested the Council to investigate all avenues before making a decision. Responding to Mr. McComb's concerns regarding Mr. Rich's service on the Park and Recreation Board, Mr. Bray stated that the Code would prevent Mr. Rich from participating in the Park and Recreation Board issues involving changes in softball activities. Minutes Regular Council Meeting August 18, 1992 Page 13 Responding to Council Member Martin's inquiry, Mr. Garza stated that the ordinance included fee increases over 25 percent and elimination of the monthly discount card. Mr. Garza next responded to a series of questions from Mr. Martin regarding the fees in Section 2 of the Ordinance regarding Recreational Facilities Rentals. Mr. Garza next stated that the creation of the discount monthly coupons for golf greens fees was intended to replace the current monthly discount card. Council Member McComb made a motion to amend Section 2 of the ordinance which would allow the discount monthly coupons for golf green fees to replace the current monthly golf discount card of $31, seconded by Council Member Longoria. Mayor Rhodes called for a hand vote on the motion, and the motion failed. Mayor Rhodes stated that the Council would vote on Item 21b as is, and requested the golf discount cards be addressed in a separate item at the next Council meeting. City Secretary Chapa polled the Council for their vote and the following passed: 21.b ORDINANCE NO. 021459 Amending the Code of Ordinances, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, etc., Sections 36-3 and 36-7, for rental and recreation fee increases and to add new rental and recreation fees. The foregoing ordinance passed on third reading by the following vote: Rhodes, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Galindo, Guerrero, and Slavik absent. Mayor Rhodes opened the discussion on Item 22, authorizing the execution of a one- year residential and grazing lease agreement. City Secretary Chapa polled the Council for their votes and the following ordinance failed to pass: 22. FAILED TO PASS The foregoing ordinance failed to pass on third reading by the following vote: Rhodes, Longoria, McComb, and McNichols, voting "Aye"; Martin and Moss voting "No"; Galindo, Guerrero, and Slavik absent. Minutes Regular Council Meeting August 18, 1992 Page 14 City Secretary Chapa stated the third reading of an ordinance required a majority of the City Council to pass which is five votes. He further stated that four Council Members voted "Yes" and two Council Members voted "No," causing the ordinance to fail on third reading. Council Member Martin stated that he was opposed to this action but felt it should be considered by the full Council. He made a motion to reconsider Item 22 on third reading at the next Council meeting, seconded by Council Member McNichols. Mayor Rhodes called for a voice vote on the motion, and the motion passed unanimously by those present and voting. Mayor Rhodes opened the discussion on Item 23, amending the Code of Ordinances, Peddlers, Vendors, Itinerants, Merchants, and Solicitors. Mayor Rhodes referred to distributed material regarding the Item and commended the City staff for the fine job. Council Member Martin stated that it was a good ordinance and suggested that it was the consensus of the Council to approve this item and discussion was not necessary. City Secretary Chapa polled the Council for their votes and the following passed: 23. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 38, Peddlers, Vendors, Itinerant Merchants, and Solicitors, Article II, Solicitations for Charitable Purposes, by repealing Sections 38-40 through 38-55, and substituting revised Sections 38-40 through 38-48. The foregoing ordinance passed on first reading by the following vote: Rhodes, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Galindo, Guerrero, and Slavik absent. Mayor Rhodes announced the public hearing on the following zoning application: 24. Case No. C592-2. City of Corpus Christi: A change of zoning from 'R -1B" One - family Dwelling District and "I-3" Heavy Industrial District to "I-2" Light Industrial District on all of Lot 14 and the northeast portion of Lots 8 and 13, W.O. Womack Farm Lots; Lots 1 through 5 and 7 through 10, Block 1, Colonia Hidalgo Addition; and Lots 4, 6, 7 north portion of Lot 5 and south portion of Lot 2, Baldwin -Moore Farm Lots, located between West Point Road, South Padre Island Drive, Hendricks Street, Bush Avenue and Holly Road Extension. Mayor Rhodes stated that both the Planning Commission and Staff recommend approval of the application. Minutes Regular Council Meeting August 18, 1992 Page 15 Mayor Rhodes called for public comment on the zoning application and there being none, Council Member Martin moved to close the public hearing, seconded by Council Member McNichols, and passed unanimously. City Secretary Chapa polled the Council for their vote and the ordinance passed: 24. ORDINANCE 021460 Amending the Zoning Ordinance upon application by the City of Corpus Christi by granting a change of zoning from "R -1B" One -family Dwelling District and "I-3" Heavy Industrial District to "I-2" Light Industrial District on all of Lot 14 and the northeast portion of Lots 8 and 13, W. O. Womack Farm Lots; Lots 1 through 5 and 7 through 10, Block 1, Colonia Hidalgo Addition; and Lots 4, 6, 7, north portion of Lot 5 and south portion of Lot 2, Baldwin -Moore Farm Lots. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Galindo, Guerrero, and Slavik absent. Relative to Items 25, 26, 27, and 28, Mayor Rhodes stated that the property owners were in opposition to the Planning Staffs recommendation. She further stated that the Items were under the twenty percent rule which required approval by seven Council Members. Mayor Rhodes further stated that only six Council Members were currently present. Responding to Mayor Rhodes' inquiry regarding the Planning Commission's denial, Mr. Tom Utter explained that the Staff is attempting to allow development of the land which would comply with the Westside Development Plan. Additionally, Mrs. Shirley Mims, Chairman of the Planning Commission, stated that the Conunission would have no objections to further review of the zoning cases. City Attorney Bray stated that the public hearings could be opened at this time and recessed for two weeks. A discussion developed and it was determined that the remaining four zoning applications would be opened, recessed, returned to the Planning Commission, and presented and voted on at the Council meeting in two weeks. Mayor Rhodes stated that the zoning cases would be presented first on the Agenda so that the property owners would not have to wait for the discussion. Mayor Rhodes announced the public hearing on the following zoning applications: 25. Case No. C592-3. City of Corpus Christi: A change of zoning from "R -1B" One - family Dwelling District and "I-2" Light Industrial District to "B-3" Business District on Tract 1 and from "F -R" Farm -Rural District, "R -1B" One -family Dwelling District and "I-2" Light Industrial District to "R-2" Multiple Family Dwelling District on Tract 2, on the southeast portion of Lot 13 and the east portion of Lots 11 and 12, W.O. Womack Farm Lots; southwest portion of Lots 5 and 12, Baldwin -Moore Farm Lots; west 395 feet out of the Minutes Regular Council Meeting August 18, 1992 Page 16 north 2,330 feet of the William J. Robertson Tract; and the northeast 130 feet out of Tracts 2 and 3, William Robertson Farm Tracts, located south and parallel to N.A.S. Railroad and approximately 2,600 feet southeast of Old Brownsville Road. Mayor Rhodes stated that the Planning Commission's recommendation was a tie vote, no consensus was reached, and the Staff recommendation is denial of the "B-3" Business District and in lieu thereof, approval of a "B-4" General Business District on Tract 1 and "R- 2" Multiple Dwelling District on Tract 2. POSTPONED 26. Case No. C592-4. City of Corpus Christi: A change of zoning from "R -1B" One - family Dwelling District and "R -1C" One -family Dwelling District to "I-2" Light Industrial District on the northeast 175 acres of William J. Robertson Tract located on the southeast corner of N.A.S. Railroad and Airport Drainage Channel. POSTPONED 27. Case No. C592-5. City of Corpus Christi: A change of zoning from "I-3" Heavy Industrial District to "I-2" Light Industrial District on Lot 4, Block 2, Cedar Grove and Lot 2, Section 5, Bohemian Colony Lands, located on the northwest corner of Holly Road and Greenwood Drive. POSTPONED Minutes Regular Council Meeting August 18, 1992 Page 17 28. Case No. C592-6. City of Corpus Christi: A change of zoning from "I-2" Light Industrial District to "R-2" Multiple Dwelling District on 25 acres out of Lot 8, Section 7, Bohemian Colony Lands, located along the southwest side of N.A.S. Railroad, approximately 1,350 feet east of Greenwood Drive. POSTPONED Council Member McComb moved to recess the public hearing on the four zoning cases, seconded by Council Member McNichols, and passed unanimously. Mayor Rhodes called for the City Manager's report. City Manager Garza discussed the hearing on the local Transportation Plan before the Texas Department of Public Highways and Transportation scheduled for September 29, 1992, and requested Council participation. Returning to Item 21b, City Attorney Bray stated that the controlling ordinance delegates the authority to establish and set fees to the City Manager. Mr. Bray further stated that the issue was presented to the Council when the increased fee was over 25 percent, and that the City Manager could remove fees initially set by Staff. Mayor Rhodes called for Council concerns and reports. Council Member Martin requested information on Item 7, and Mr. Garza stated that he would provide this information. Mr. Martin further inquired whether or not the recent major water line break on Staples involved the area which was repaired recently, and Mr. Hennings stated that he would provide this information. Mr. Martin next discussed the recent fire on the U.S.S. Lexington. Council Member McNichols commented on the Texas Department of Transportation meeting held on August 7, 1992. Council Member Moss stated he attended the Texas Department of Transportation meeting in Austin. Mayor Rhodes stated that the presentation at the next meeting was being developed by a professional staff. Mayor Rhodes next discussed the Municipal Planning Organization meeting Thursday, August 20, at 2:00 and the importance of requesting funds for the JFK Causeway project. Council Member McComb discussed a letter he received regarding vehicle parking problems at the Ruth Mary Price Apartment complex, and Mr. Garza stated that he would investigate the matter. Minutes Regular Council Meeting August 18, 1992 Page 18 Responding to Mr. McComb's inquiry regarding water releases at the Lake, Mr. Garza stated that the Nueces Bay salt content is down, both Lakes are full, and the releases have been satisfied by spills as a result of rain runoff. Council Member Longoria stated that the Charter Revision Committee would hold a hearing at the Council Chambers August 20, 1992 at 5:30 to receive public comments on the preliminary draft of the eleven proposed propositions. Mrs. Longoria next stated that the Charter Revision meetings would continue through September with a final presentation to the City Council in October of 1992. Mayor Rhodes called for petitions from the audience. Mr. Putt Hill, P.O. Box C1, stated that the land owners did not agree with the Planning Commission's recommendation regarding zoning case no. C592-3, and Mayor Rhodes stated that this issue could be addressed again at the Planning Commission meeting and the Council meeting in two weeks. Mr. Ron Hudson, 3556 Austin Street, encouraged attendance at the Charter Revision meeting on August 20, 1992, to oppose the proposed revisions. Mr. Hudson next read a prepared statement regarding a violation of the Open Meetings Act. Mr. Hudson next requested the Fire Chief require visible address numbers on all buildings in the City. Next, Mr. Hudson inquired whether or not the City Attorney for the City of Corpus Christi is the attorney for the Religious Access Users Group, and Mr. Bray stated no. Mr. Raymond Wimberly, 806 Alden, distributed copies of a letter to the Council regarding the recent alcohol ban in City Parks and Mr. Guerrero's comments. The scheduled closed meeting pursuant to Article 6252-17, Section 2(e), V.A.C.S., regarding pending litigation was withdraw from the day's Agenda. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:05 p.m. on August 18, 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 August 18, 1992, which were approved by the City Council on August 25, 1992. WITNESSETH MY HAND AND SEAL, this the 24th day of September, 1992. (1 Armando Chapa City Secretary SEAL