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HomeMy WebLinkAboutMinutes City Council - 08/25/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 25, 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 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 Bishop Curtis Byrd, Pastor of Bountiful Blessings United C.O.G.LC., following which 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 18, 1992, and there being no corrections, she proclaimed them approved as presented. ! s i Y f i■•• f► t Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 15, and Council Members requested that Items 2, 5, 6, 7, 8, 10, 11, 12, and 13 be withheld for discussion. Mayor Rhodes stated that Item 9 had been withdrawn from consideration. City Secretary Chapa polled the Council for their votes and the following were passed: 'i1t*?. *Wei. ;Ei) Minutes Regular Council Meeting August 25, 1992 Page 2 1. M92-217 Motion approving a supply agreement for approximately 140 tons (dry weight) of sodium chlorite solution, in accordance with Bid Invitation No. BI -0158-92 with Rio Linda Chemical Co., Inc., Sacramento, CA based on the low bid of $310,800. 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 chemical is used by the Water Department for treatment of our water supply. Funds have been budgeted in FY 1992-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 3. M92-219 Motion rejecting bids received for a supply agreement for mufflers, tailpipes, mounting hangers and service. The bid invitation did not provide for complete exhaust system service requirements. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 4. M92-220 Motion authorizing the City Manager or his designee to enter into a twelve month renewable contract for a limited catered food service contract between the City of Corpus Christi and Speedy Food Services at the Police Building, 321 John Sartain Street. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 14. SECOND 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 second reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye ." 15. ORDINANCE NO. 021462 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 Minutes Regular Council Meeting August 25, 1992 Page 3 a portion of the O.N. Stevens Plant property, and approving a rental fee of $900 per month. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, and Slavik voting "Aye"; Martin and Moss voting "No." Note: Council Members Moss and Martin originally voted "Aye" on Item 15. They later stated for the record that it was their intent to vote "No" on this item. The Mayor declared their vote as "No" and ask that the record indicated so. Mayor Rhodes opened the discussion on Item 2, motion approving the purchase of 25 plain paper facsimile machines. Council Member Galindo inquired regarding the acceptance of the best bid instead of the low bid, and F. D. Glenn, Purchasing Agent, explained that this bid was the lowest bid in terms of overall operating costs when the price of consumables was considered. Mayor Rhodes opened the discussion on Item 5, motion authorizing the City Manager to extend the agreement with the Heart of Corpus Christi. Council Member Slavik inquired regarding the terms in the original agreement whereby the Heart of Corpus Christi would match the funds expended by the City, and requested information on when the Municipal Management District (MMD) would start funding the downtown operation. City Manager Garza explained that the Heart of Corpus Christi would be primarily responsible for the MMD and that he would provide further information. Mr. Leon Perez, 904 Buford, expressed concern regarding the slow progress of improvements in the downtown area. Mr. J. E. O'Brien, 4130 Pompano, discussed the Heart of Corpus Christi funding and suggested a review of the Heart's financial statement. Mayor Rhodes opened the discussion on Item 6, motion authorizing the City Manager to execute a one-year agreement for services with the Harbor Playhouse, Inc. Council Member Slavik inquired regarding the $31,500 budgeted amount for the Harbor Playhouse from the Tourist and Convention Development Fund, and City Manager Garza stated that this amount was mutually agreed upon and recommended in the 1992-93 Budget. Mr. Garza further stated that this included an increase of five percent over last year's amount and that he would provide a report regarding the fund balance. Mr. Harlin Womble, 6720 Pintail, President of the Board of the Harbor Playhouse, stated that the City's funding is used for the building maintenance, and reviewed the current revenues and expenditures. Minutes Regular Council Meeting August 25, 1992 Page 4 Mayor Rhodes opened the discussion on Item 7, motion authorizing the execution of an agreement with Corpus Christi Metro Ministries, Inc. Council Member Galindo expressed concern regarding the parking lot improvements, and Mr. Kelly Elizondo, Senior Director of Housing and Community Development, explained the necessity for the improvements. Mr. Phil Rosenstein, 949 Bobalo, discussed the services provided to the community by Metro Ministries, and the need for the improved parking lot. Mr. Ron Hudson stated opposition to public funds expended for religious organizations. Mayor Rhodes opened the discussion on Item 8, motion to execute an exchange agreement and exchange deed with Wesland. Responding to an inquiry of Council Member Martin, Mr. Carl Crull, Director of Engineering, stated that the acreage was deeded to the City from Padre Island Investment Corporation in 1983 as a reserve tract. Mr. Martin expressed concern that this conveyance was intended for park use, and Mr. Crull stated that the deed did not specify the intended use of the land. City Attorney Bray stated that this item was withdrawn from consideration last week to research the aspect of possible parkland dedication, and, after extensive research, no evidence was found that this land was dedicated parkland. Council Member McNichols inquired regarding the possible boat launching facility related to the Padre Isles area mentioned in the distributed material, and Mr. Crull discussed the reasons this boat ramp would be advantageous to the community. Dr. McNichols next suggested that the matter be discussed with the Property Owners Association, and Mr. Crull stated that he would contact them. Mayor Rhodes opened the discussion on Item 10, motion approving an agreement to loan Ambulance Unit 5513 to the Refinery Terminal Fire Company. Responding to Council Member Slavik's inquiry regarding the City's ambulance fleet, Mr. Garza explained the agreement with the Refinery Terminal Fire Company and the conditions involved. Mayor Rhodes opened the discussion on Item 11, motion approving an agreement for Ad Valorem Tax Collection Service. Council Member McComb recognized Ronnie Canales's efforts in decreasing tax collections costs. Further, Mr. McComb expressed concern regarding the elimination of the "homestead" clause in the contract, and Mr. Garza stated that other local taxing authorities had eliminated this clause which transferred the ability to foreclose on homesteaded property to the County. Minutes Regular Council Meeting August 25, 1992 Page 5 Responding to an inquiry from Mayor Rhodes, City Attorney Bray stated that the Property Tax Code requires all taxing entities to join in making tax claims after one entity had started foreclosure proceedings, and the taxing entity not joining in the claim would lose the claim. Council Member Galindo stated that he supported the homestead exemption, and Council Member Martin stated that the City's tax dollars would be protected through the filing of a lien. Next, Council Member Martin made a motion to reinstate the language in the old agreement providing that the County refrain from foreclosing on property with homestead designation, and give the City Manager authority to rule on a case by case basis should foreclosure be needed, seconded by Council Member Galindo. Mayor Rhodes called for a hand vote on the motion, and the motion passed. Mayor Rhodes opened the discussion on Item 12, resolution accepting the Provisions of Texas Transportation Commission Minute Order. Council Member Slavik inquired about other funding regarding the Violet Road obligation, and Mr. Garza discussed the different funding sources available. Mayor Rhodes opened the discussion on Item 13 amending the Flood Hazard Prevention Code. Responding to questions from Council Member Galindo, Mr. Utter explained that the changes involved amending the Flood Hazard Prevention Code as required by the Federal Emergency Management Agency. Mr. Utter also discussed specific changes in the Code. Council Member McNichols inquired whether or not the changes included the "deemed to comply" regulations concerning island structures, and Mr. Lorenzo Gonzales, Building Official, stated that this language concerns structures in high wind region areas and did not involve insurance regulations. Note: A Conflict of Interest affidavit was filed by Council Member Betty Jean Longoria on Item 11. She did not discuss or vote on this matter. City Secretary Chapa polled the Council for their votes: 2. M92-218 Motion approving the purchase of 25 plain paper facsimile (fax), machines in accordance with Bid Invitation No. BI -0218-92 from TexPro Computer, Inc., Corpus Christi, Texas for a total of $42,375 based on best bid. The fax machines will be used by various branches of the South Texas Library System. Funds are available through a grant to the South Texas Library System. Minutes Regular Council Meeting August 25, 1992 Page 6 The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5. M92-221 Motion authorizing the City Manager to extend until July 31, 1993, the agreement with the Heart of Corpus Christi, Inc. executed August 30, 1991. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, and Moss voting "Aye"; Slavik voting "No." 6. M92-222 Motion authorizing the City Manager or his designee to execute a one-year agreement for services with the Harbor Playhouse, Inc. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 7. M92-223 Motion authorizing the City Manager or his designee to execute an agreement with Corpus Christi Metro Ministries, Inc., to provide $50,400 from the FY 1992 Community Development Block Grant (CDBG) program for improvements to the parking areas at 1906 and 1925 Leopard Street; and the construction of a new concrete pad and canopy at 1906 Leopard Street. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye.° 8. M92-224 Motion authorizing the City Manager to execute an exchange agreement and exchange deed with Wesland, Inc., which will transfer 11.065 acres adjacent to the Whitecap Wastewater Treatment Plant to the City in exchange for transferring 10.052 acres of City property in the undeveloped Cape Summer Unit II Subdivision to Wesland, Inc. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9. WITHDRAWN Minutes Regular Council Meeting August 25, 1992 Page 7 10. M92-225 Motion approving an agreement to loan Ambulance Unit 5513 to the Refinery Terminal Fire Company and authorizing the City Manager to execute an agreement. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 11. M92-226 Motion approving an agreement for Ad Valorem Tax Collection Services with Nueces County at a 1992 per parcel cost of $.9259, adjustable thereafter, continuing from year to year unless canceled. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Longoria abstaining. 12. RESOLUTION NO. 021461 Resolution accepting the Provisions of Texas Transportation Commission Minute Order 101085 pertaining to the construction of street improvements on McKenzie Road and Violet Road. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 13. FIRST READING ORDINANCE Amending the Flood Hazard Prevention Code as required by the Federal Emergency Management Agency (FEMA); providing for additions, deletions, and changes; providing for codification of said Ordinance as Article V Flood Hazard Prevention Code of Chapter 13 Buildings; Housing Premises Standards of the City Code of Ordinances. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye? i t i i t i t i• t• Y Y Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Item 16a and 16b, ordinance appropriating for HOME Program funds, and motion authorizing the City Manager to execute all documents necessary to accept and implement the FY 1992 HOME Program. Minutes Regular Council Meeting August 25, 1992 Page 8 Mr. Kelly Elizondo explained the various programs in the HOME Program and available funding which could be used for future matching requirements. Mayor Rhodes and several Council Members expressed concern regarding the required twenty-five percent future match, and suggested the approval of projects which could be completed in one year and other projects requiring a longer completion period be presented to the Council during the initial stage of the project. Council Member McNichols suggested that this matter be discussed at the next Corpus Christi Housing Improvement Corporation meeting. City Secretary Chapa polled the Council for their votes and the following passed: 16a. ORDINANCE NO. 021463 Ordinance appropriating $1,788,000 of FY 1992 HOME Program funds for activities approved by the City Council on March 24, 1992 (M92-073). An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. 16b. M92-227 Motion authorizing the City Manager to execute all documents necessary to accept and implement the FY 1992 HOME Program through the Corpus Christi Housing Improvement Corporation (CCHIC). The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Pursuant to Item 17a, a presentation on africanized bees followed. Mr. Bill Hennings, Director of Public Works/Utilities, introduced Mr. Oscar Ortiz, Vector Control Supervisor. Mr. Ortiz gave a presentation on the history and infiltration of the africanized honey bee in the area, and discussed the findings of the Bee Advisory Committee. Next, Mr. Ortiz discussed the importance of establishing an appropriate distance between beehives and property owners to avoid accidents to persons in close proximity. Ms. Nina Sisley, Director of Public Health, discussed the current services provided by Vector Control, and the statistics regarding bee encounters in the community. Next, Mr. Hennings reviewed different sections in the proposed ordinance. Minutes Regular Council Meeting August 25, 1992 Page 9 A local resident and beekeeper spoke on the benefits of bees and the future of beekeeping in the community. He further stated that he did not feel this ordinance would help the situation because it duplicates the nuisance laws already established. Mr. James Bryant, 4526 Carroll Lane, stated he opposed the ordinance because the area allotted to beekeepers was too small. Mayor Rhodes stated that the ordinance required a certain number of feet between the bee hive and the neighbors to prevent accidents, and many beekeepers did not have the space to comply with the ordinance. Council Member Guerrero stated he supported the ordinance which would prevent an increase of africanized bees in the future. Mr. Clay More, 325 South Morningside, spoke of his past involvement in beekeeping, and the responsibilities involved. City Secretary Chapa polled the Council for their votes and the following passed: 17b. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6 Animal Control, by adding a new Article VI, Beekeeping, providing for regulation of beekeeping and penalties for violation. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 17c. HRST READING ORDINANCE Amending the Code of Ordinances by amending Chapter 2, Administration, by repealing Division 12, Honey Bee Advisory Committee, Sections 2-140 and 2-141. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 18, amending Code of Ordinances, Chapter 3 1/2, Alarm Systems. Police Chief Garrett explained the recently implemented procedure for notification of false alarms. Council Member McComb referred to specific language in the ordinance and inquired whether or not landlords would be responsible for tenant's false alarms. Chief Garrett stated that the landlord would not be responsible, but could contribute Minutes Regular Council Meeting August 25, 1992 Page 10 valuable information regarding the lessees. Responding to further inquires from Mr. McComb, City Attorney Bray explained that the ordinance allowed the Police Chief to define administrative details not covered individually in the ordinance. Mr. Dennis Riley, The Safeguard System, reiterated reasons for his opposition to the ordinance. Responding to Mr. Riley's concern, Council Member Martin stressed the importance of implementing a formal procedure to allow alarm companies to cancel false alarms. Chief Garrett then referred to the meetings with the alarm companies in which this procedure could be developed. Mr. Alfred Lorek stated he opposed the 45 day grace period for new alarms and discussed reasons for such opposition. Mayor Rhodes made a motion to incorporate amendments into the ordinance, seconded by Council Member McNichols, and the motion passed. The amendments are (1) amend Section 3 1/2-13 to delete the words "any twelve (12) month period" and substitute therefor "any annual permit period"; (2) add to Section 3 of the Ordinance the following: "Computation of false alarms for purposes of the amendment herein to Section 3 1/2-13 shall start anew upon the effective date of this ordinance"; (3) add to Section 3 of the Ordinance the following: 'The amendment to Section 3 1/2-11 to require five minute shutoff devices shall take effect on September 1, 1994"; and (4) add to Section 3 of the Ordinance the following: "The effective date of this Ordinance shall be December 1, 1992." City Secretary Chapa polled the Council for their votes and the following passed as amended by the following vote: 18. ORDINANCE NO. 021464 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 third reading as amended by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero voting "No." Relative to Item 19, Mr. Martin stated that staff had done a good job on incorporating the Council's requested changes in the ordinance. City Secretary Chapa polled the Council for their votes and the following passed: Minutes Regular Council Meeting August 25, 1992 Page 11 19. ORDINANCE NO. 021465 Ordinance amending the Code of Ordinances, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, etc., Section 36-7, to authorize certain golf fee changes. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Longoria absent. Mayor Rhodes called for a ten minute recess from the Council Meeting. Mayor Rhodes reconvened the Council Meeting. Relative to Item 20a, a presentation was given regarding the golf courses and Phoenix Group Holdings, Inc. Mr. Tom Utter, Director of Development Services, gave a brief summary regarding the history of the City's existing golf courses. Mr. Utter next discussed the negotiations with the Northwest Business Association to develop a public golf course and recreational vehicle (RV) facility on the east side of Interstate 37 near the Nueces River. Next, Mr. Utter displayed a map showing the proposed golf course area and RV park area. Lastly, Mr. Utter reviewed the proposed documents relating to the construction of a third golf course by Phoenix Group Holdings, Inc. Mr. Mike Pheland, Director of Operations of Phoenix Group Holdings, Inc., discussed the advantages to the City, the golf community, and the Phoenix Group Holdings, Inc. in the event a third golf course was built. Mr. Mike Sheridan, representative of Finger, Dye, Spann, described the proposed golf course through the use of slides and distributed material. Council Member Slavik inquired about the size of the suggested club house, and Mr. Utter described the proposed club house. Responding to further inquires from Mrs. Slavik, Mr. Sheridan discussed the $4.5 million and the areas in which these funds would be spent. Responding to Mayor Rhodes' inquiries about the Tourist Industrial District agreement, Mr. Utter explained the proposed fee in lieu of taxes which is similar to the City's proposed Industrial District agreement. Council Member Longoria requested that Mr. Utter review other alternatives regarding the construction of a third golf course in the community, and Mr. Utter discussed other options available. Mr. Utter also stated that general obligation or revenue bonds were not highly recommended because of the related golf fee increases. Minutes Regular Council Meeting August 25, 1992 Page 12 Responding to Council Member Moss's concerns regarding earlier distributed material, Mr. Utter explained the new terms of the management contract with Phoenix Group Holdings, Inc. which included reducing the length of the contract period and the percentages of fee increases which would be presented to the Council before implementation. Council Member Martin discussed the commitments for a new golf course at this site and the proposed recreational vehicle (RV) facility, and expressed concern regarding the City releasing the management of the two existing golf courses. Further, responding to Mr. Martin's question regarding the RV facility, Mr. Utter stated that there is no guarantee that a RV facility would be built. Next, Mr. Martin stated that whether the golf course was obtained through debt service revenue bonds or a private entity, golf fee increases would be inevitable. Next, Mr. Martin requested information on the expenses of privatizing, the City self -funding the golf courses, and the Phoenix Group Holdings, Inc.'s proposed operating budget for the City's existing golf courses. Responding to further inquires from Mr. Martin, Mr. Utter stated that the land would be platted before development at the expense of Phoenix, and that the new course would be on the tax rolls. Mr. Martin next made suggestions to clarify language in the contract involving the contract renewal, the performance bond, and the utility costs for raw water lines and sewer lines. City Attorney Bray stated that the language could be strengthened upon Council request. Responding to Council Member Slavik's inquiries regarding alternatives, Mr. Utter discussed ways the City could generate monies to fund a third City -owned golf course. Ms. Slavik stated she would support revenue sharing bonds to build a new golf course. Council Member McComb stated that he felt the original intent of the Council was to provide a RV park and that this project would not fulfill this need. Mr. McComb also suggested that the proposed five year period to build a RV park be reduced to two or three years. Responding to Mr. McComb's inquiry regarding reasonable returns on golf course facilities, Mr. Utter stated that this aspect would be reviewed and presented to the Council. City Manager Garza stated that the second reading of this ordinance would be in two weeks to provide time for review. Responding to Mr. McComb's question regarding the opening of the golf course, Mr. Pheland stated that the tentative opening date is the Fall 1994. Council Members Guerrero and Longoria stated they supported the ordinance. Mr. James Cook, 13765 Eaglesnest, requested the construction of a RV park in the City and reviewed favorable statistics of RV parks in other Texas cities. Ms. Toby Shore-Oshman, 217 Ohio, and Mr. Roger Garrison, 6406 Swansea, representatives of the City's Park & Recreation Advisory Committee, stated that they were in favor of this proposal for a third golf course. Minutes Regular Council Meeting August 25, 1992 Page 13 Mr. Charles Nichols, 1547 Lea Lane, encouraged privatization of the City's golf courses and suggested other areas for privatization. Mr. Pat Romero, 3209 Harpers Ferry, Personnel Director of Calallen Independent School District, discussed reasons for supporting this ordinance. Ms. Sue Nelson, Superintendent of Tuloso-Midway, stated that the school board supported the ordinance and requested Council support. Mr. Larry Baker, 11559 Leopard, reviewed reasons he supported the golf course and RV park on the proposed site. Ms. Janette Hallmark, 10625 Potomac, discussed the benefits of the proposed golf course to the Northwest community. Ms. Hallmark next distributed material to the Council from representatives of the Corpus Christi Area Convention & Tourist Bureau in support of the ordinance. Mr. Phil Rosenstein, 949 Bobalo, stated that he was in favor of privatization of the golf courses. City Secretary Chapa polled the Council for their votes and the following passed: 20.b. FIRST READING ORDINANCE For the improvement of Golf and Related Facilities in and for Corpus Christi by authorizing the execution of a real estate sales contract with Garnett Brooks; authorizing the acceptance of a warranty deed and drainage easement from Garnett Brooks; authorizing the execution of a thirty-year lease of public golf course between Phoenix Group Holdings, Inc. and the City of Corpus Christi, Texas; disannexing approximately 36.77 acres; authorizing a Tourist Industrial District Agreement with Garnett Brooks; authorizing the execution of a ten-year management agreement for two municipal golf courses between Phoenix Group Holdings, Inc. and the City of Corpus Christi, Texas; authorizing a fee schedule for three golf courses. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, and Moss voting "Aye"; Galindo, Martin, and Slavik voting "No." Mayor Rhodes announced the public hearing on the following zoning application: 21. Case No. 792-1. Story Farms. Inc : A change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District to "B-4" General Business District on Lot 9A, Block 5, Sherwood Park, located on the southeast side of Weber Road, approximately 140 feet northeast of Redwood Street. Minutes Regular Council Meeting August 25, 1992 Page 14 Mayor Rhodes stated that both the Planning Commission and staff recommended denial of the "B-4" and in lieu thereof, approval of a special permit for a funeral home subject to four conditions. none. Mayor Rhodes called for public comments on the zoning application and there were Mr. Tom Utter stated that the Applicant was in favor of the changes. Council Member Moss made a motion to close the public hearing, seconded by Council Member McComb, and passed unanimously. City Secretary Chapa polled the Council for their votes and the following passed: ORDINANCE NO. 021466 Amending the Zoning Ordinance upon application by Story Farms, Inc. by granting a Special Permit for a funeral home subject to four (4) conditions on Lot 9A, Block 5, Sherwood Park. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero and Martin absent. Mayor Rhodes announced the public hearing on the following zoning application: 22. Case No. 792-2, Thomas -Spann Clinic: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 49 through 56, Block 1102, Bay Terrace Unit 2, located on the east side of 14th Street, approximately 200 feet north of McKenzie Street. Mayor Rhodes stated that both the Planning Commission and staff recommended approval of the application. Mayor Rhodes called for public comments on the zoning application and there were none. Council Member Moss made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. City Secretary Chapa polled the Council for their votes and the following passed: ORDINANCE NO. 021467 Amending the Zoning Ordinance upon application by Thomas -Spann Clinic by changing the zoning map in reference to Lots 49 through 56, Block 1102, Bay Minutes Regular Council Meeting August 25, 1992 Page 15 Terrace Unit 2, from "R -1B" One -family Dwelling District to "AB" Professional Office District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Mayor Rhodes announced the public hearing on the following zoning application: 23. Case No. 792-3. Robert J. Heim: A change of zoning from "B-3" Business District to "R -1B" One -family Dwelling District on Lot 22A, Block G, Flour Bluff Estates, located on the southwest corner of Mounts Drive and Linnet Court. Mayor Rhodes stated that both the Planning Commission and staff recommended denial of the "R - 1B" District, and in lieu thereof, approval of an "RA" Residential Acreage District. Mayor Rhodes stated that the reason "RA" zoning is recommended, is that the area is located in the Navy's accident potential zone. Mayor Rhodes called for public comments on the zoning application and there were none. Council Member Martin inquired whether or not the Navy had updated their information recently regarding the ACUIZ zone in the Flour Bluff area, and Mr. Brandol Harvey, Director of Planning, stated that there has not been a change in the flight patterns since the original report. Council Member Moss made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. City Secretary Chapa polled the Council for their votes and the following passed: ORDINANCE NO. 021468 Amending the Zoning Ordinance upon application by Robert J. Heim by granting a change of zoning from "B-3" Business District to "RA" Residential Acreage District on Lot 22A, Block G, Flour Bluff Estates. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye"; Guerrero absent. Mayor Rhodes called for the City Manager's report, and Mr. Garza requested Chief Garrett provide an update on Hurricane Andrew. Mayor Rhodes called for Council concerns and reports. Minutes Regular Council Meeting August 25, 1992 Page 16 Mayor Rhodes stated she would attend the Municipal Planning Organization meeting in Austin on August 26. Next, she discussed a telephone call she received regarding a family protective order which requires proof of violence records for effectiveness. She expressed concern that Municipal Court did not keep these records. Mr. Garza stated that he would look into this matter. Council Member Martin requested an update on the Industrial District agreements, and Mr. Garza stated that he would provide information in the packet on Friday. Council Member Slavik requested a status report regarding the Frost Brothers building in the downtown area. Mrs. Slavik also suggested emphasizing water conservation and plans to acquire future water supplies. Dr. McNichols discussed the meeting on August 26 concerning plans for long-term water supplies. Council Member Moss requested information on the newly purchased scraper for the sanitary landfills, and Mr. Garza stated that he would provide a report on this matter. Mr. Moss also displayed and discussed a mail -out which the Human Relations Department was distributing. Several Council Members expressed concern regarding this mail -out. Mayor Rhodes called for petitions from the audience. Mr. Ron Hudson, 3556 Austin, discussed the duties of the Human Relations Commission. Mr. Hudson also commended Mary Johnson, librarian at the Parkdale Branch Library, for her outstanding services to the community. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:50 p.m. on August 25, 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 25, 1992, which were approved by the City Council on September 1, 1992. WITNESSETH MY HAND AND SEAL, this the 24th day of September, 1992. Armando Chapa City Secretary SEAL