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HomeMy WebLinkAboutMinutes City Council - 09/20/1994I 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 September 20, 1994, which were approved by the City Council on September 27, 1994. WITNESSETH MY HAND AND SEAL, this 28th day September, 1994. Armando Chapa City Secretary SEAL MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 20, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola ABSENT Melody Cooper City Manager Juan Garza Deputy City Manager Bill Hennings City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Mateo Rendon Jr., Primera Iglesia Bautista, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member. 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 September 13, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes opened discussion on Item 1, a presentation by the Veterans Band of Corpus Christi. Mr. Ram Chavez, Musical Director of the Veterans Band, stated that the band has Minutes Regular Council Meeting September 20, 1994 Page 2 been invited to perform as the official band at the Vietnam Veterans Memorial in Washington, D.C., during the commemoration of Veterans Day on November 11, 1994. He noted that the band has been in existence for eight years, and described some of the 800 performances the band has had. Mr. Chavez said that the band members are working to raise funds to finance their trip to Washington, and contributions can be sent to the Veterans Band of Corpus Christi, P.O. Box 8606, Corpus Christi, TX 78412, or call 992-1434. Mayor Rhodes said that citizens can also call her office at 880-3100 for more information about the band. Council Member Moss commended Mr. Chavez and the band for their contributions. Mr. Chavez thanked the Council for their support, noting that the band's primary purpose is to honor "our flag, our country, our veterans, our communities and our families." Council Member Longoria urged the community to support the band, adding that they serve as wonderful representatives of Corpus Christi wherever they perform. Responding to Council Member Martin, Deputy City Manager Hennings stated that approximately $19,500 would be available for allocation as part of an arts grant. Mr. Martin stated that the Veterans Band should be considered for an allocation under that grant, and asked the staff to bring the item back for the Council's consideration. Council Member Noyola stated that he supported the Veterans Band, adding that he would make a donation to help enable them to travel to Washington, D.C., and challenged the rest of the Council to donate as well. Council Member Galindo said that the Westside Business Association is also raising money for the Veterans Band, using pledge cards which will be available at all the NationsBank outlets as well as Nueces National Bank. ............. Mayor Rhodes opened discussion on Item 2.a., 2.b., and 2.c., grants for arts organizations. Mr. Malcolm Matthews, Director of the Park and Recreation Department, explained what the annual Arts Subgrant Program is, noting that three action items were on the day's agenda for the Council's consideration. The first concerned a grant from the Texas Commission on the Arts for $6,643; the second was a motion allocating a total of $121,143 to 23 arts organizations and to the Permanent Art Trust Fund; and the third item dealt with awarding a contract for $21,518 to the Art Museum of South Texas. Mr. Matthews also pointed out that in the past, the city had awarded a percentage of the total Arts Subgrant Program to the Corpus Christi Arts Council, which is no longer Minutes Regular Council Meeting September 20, 1994 Page 3 in existence. Therefore, as Mr. Hennings had stated earlier, $19,500 of the total $140,643 budgeted would be available for appropriation, and the staff would make a recommendation to the Council in the near future. Responding to Council Member Moss, Mr. Matthews explained that the City Council receives recommendations from the Council -appointed Municipal Arts Commission (MAC) which, in turn, receives recommendations from its own committees, whose members are also appointed by the Council. In response to Council Member McNichols, Mr. Matthews stated that the MAC has recommended that the funds in the Permanent Art Trust Fund be applied to a major public art project as part of the Gateway Project in the downtown area. He added that the $140,643 to be allocated is derived from three funding sources as part of the city's budget: $84,000 from the Tourist and Convention Fund, $50,000 from the General Fund, and $6,643 from the Texas Commission on the Arts grant. Council Member Noyola asked if funds that might be allocated for the Veterans Band would affect funding for the 23 arts organizations already recommended by the MAC and city staff. Mayor Rhodes stated that those organizations would not be affected by any funding for the Veterans Band. Mr. Matthews informed the Council that two organizations, the Bilingual Theater Company/South Texas Performance Company and the Texas Jazz Festival Society, were appealing the Municipal Arts Commission's recommendation and were present at the day's meeting. He stated, however, that only the Bilingual Theater Company had gone through the MAC formal appeal process. The Texas Jazz Festival submitted a late and incomplete application. Mr. Joe Rosenberg, Interim Executive Director of the Bilingual Theater Company, distributed copies of several letters of support he and the theater company had received from members of the community. Mr. Rosenberg stated that the letters of support and positive reviews the theater company had received were in direct opposition to the opinions of three of the peer panelists, who stated that the company's productions were substandard. He asked the Council to reevaluate the panel's and Municipal Arts Commission's funding recommendation, taking into consideration the information he was presenting. Responding to Mayor Rhodes, Deputy City Manager Hennings said that the MAC was recommending funding the Bilingual Theater Company/South Texas Performance Company in the amount of $976.70 for three productions. The Mayor stated that it was not the Council's place to second-guess the recommendations of the MAC, and emphasized that none of the projects received the full amount they were requesting --in short, there were more projects than there was enough money to fund them. In answer to a question from Council Member Martin, Mr. Hennings said he Minutes Regular Council Meeting September 20, 1994 Page 4 believed that most of the organizations in the past which received small amounts of grant monies were able to successfully produce their plays and complete their projects. Mr. Matthews added that one of the criteria of the subgrant program is that the money received is to be supplemental funding --not the sole source for a particular project. Mr. Frank Weathered, chairman of the Municipal Arts Commission, said that under the city's guidelines, the subgrant program funds less than 50 percent of a project's total cost. The MAC's peer panel, which is composed of 15 to 20 members of the local arts community, and members of the MAC consider all of the grant applications and base their decisions on a set of guidelines approved by the Council, including artistic merit, financial ability, performance "track record," public access and others. Mr. Martin expressed his concern that the funding given to some groups --such as the Bilingual Theater Company --is such a small percentage of the amount they requested, that the organization would not be able to produce their projects. Mr. Weathered responded that in his six years on the arts commission, he was not aware of any project which received an arts grant not being completed because of the amount of its funding. Council Member Galindo questioned the funding of some organizations such as Texas A&M University -Corpus Christi, which should have other financial resources available to it. Mr. Weathered replied that those questions were raised during the grant application workshop in July, when each requesting organization gave a brief presentation. He added that the commission's recommendations were based on each project's merit. Responding to Council Member Moss, Mr. Weathered explained that in the case of the Bilingual Theater Company, they had applied for grants for four productions, one of which received no funding at all. He said he felt the grant recommendation process was very fair and community-based, and pointed out that despite Mr. Rosenberg's appeal, none of the other organizations received as much money as they had requested. Mr. Galindo asked how the proposed $21,518 for the Art Museum of South Texas would be used, and Mr. Weathered responded that the museum requested funding for five different projects, pointing out that it received much less funding than it requested. He added that one of the criteria both for the art museum and for some of the other applicants was whether it had educational merit. Mayor Rhodes said the representative from the Texas Jazz Festival Society could present his appeal to the Council. Mr. Andy Quittner, a board member of the Texas Jazz Festival, distributed a letter from Ms. Kate Trevino, President of the Jazz Festival, explaining why the organization's grant request was postmarked one day past the deadline. He noted that the organization is administered by volunteers, and that the grant deadline occurs during the group's busiest time of the year. Mr. Quittner highlighted many of the festival's contributions to the city, including its financial impact. Minutes Regular Council Meeting September 20, 1994 Page 5 Mayor Rhodes said that she herself is a strong proponent of the Jazz Festival, but emphasized the need for guidelines in the grant application process. Responding to Council Member Noyola, Mr. Quittner stated that the Jazz Festival Society had requested $24,000. Mr. Noyola also asked what aspects of their application had not been completed properly, and Mr. Hennings responded that it lacked the following items: a detailed budget for each project, a financial statement, an operating budget, a projected budget for the coming year, a list of the board of directors, a report of the dates and times of the board meetings for an eight-month period, promotional materials, a completion report to show how last year's funds were spent, and the required signatures. He noted that the completion report was submitted on September 20, 1994. Council Member Longoria stated that she had wanted to support the Jazz Festival Society in their appeal for funding, but felt that the incompleteness of the application prevented that. Responding to Mayor Rhodes, Mr. Quittner noted that the festival board had discussed ways to charge the public for attending certain aspects of the festival, but no financially feasible solution had been found. Mayor Rhodes called for comments from the audience, and there were none. Mr. Galindo noted that the Bilingual Theater Company had made appeals to the Council in the past, and he suggested that representatives of the theater company meet with members of the Municipal Arts Commission to resolve whatever problems may be occurring. Referring to the several letters supporting the Bilingual Theater Company, Mayor Rhodes said that any of the arts organizations could produce similar letters supporting their productions; the problem was that there were insufficient funds for all of the organizations. City Secretary Chapa polled the Council for their votes as follows: 2.a. ORDINANCE NO. 022035 Ordinance appropriating a matching grant in the amount of $6,643 from the Texas Commission on the Arts for the Arts Subgrant Program. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 2.b. M94-250 Motion approving the allocation of $101,143 to a total of twenty-three (23) arts organizations and $20,000 to the Permanent Art Trust Fund, for a total of Minutes Regular Council Meeting September 20, 1994 Page 6 $121,143 for the FY 94-95 Arts Subgrant Program. Funding is authorized in the FY 94-95 budget and a grant from the Texas Commission on the Arts. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 2.c. M94-251 Motion approving a contract in the amount of $21,518 with the Art Museum of South Texas as part of the FY 94-95 Arts Subgrant Program. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Item 3, "Antiques by the Bay" event. Ms. Mary Herr described the antique show and sale scheduled for October 8 and 9, 1994 in the downtown area, and explained why the streets needed to be closed. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. M94-252 Motion approving the application by the Water Street Market for closing the following street sections for activities associated with the "Antiques by the Bay" event on October 8-9, 1994: a. 300-400 blocks of North Chaparral (William Street - Schatzel Street) b. 300-400 blocks of Lawrence Street (Water Street - Mesquite Street) The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Items 4.a., 4.b., and 4.c., T -Head lease agreement. Mr. Tom Utter, Group Manager for Development Services, described the proposed lease agreements with T -Head Marina, L.C., and Marina Fuel & Charter Boat Company, L.C., first giving a brief history of the project. He noted that in 1980 Hurricane Allen Minutes Regular Council Meeting September 20, 1994 Page 7 severely damaged the city marina office and fueling operation located on the Lawrence Street T -Head. Staff determined that the cost of rebuilding the marina office at that time would be prohibitive, so staff recommended advertising a request for proposal for a private group to build a marina office and public restrooms, assume the fueling operations and, in return, the city would allow a long-term lease for a restaurant. Mr. William Harrison and his associates at T -Head Marina submitted the only proposal, and the action before the Council at the day's meeting concerned renegotiating that current lease with some adaptations. Mr. Utter went on to describe different aspects of the three proposed leases: Lease One is a 40 -year lease of the Lighthouse Restaurant, which would be expanded; Lease Two is a lease for the fueling facility; and Lease Three is a lease for a small triangular deck to be constructed adjacent to the northwest corner of the Lawrence Street T -Head. Mr. Utter also thanked the Water Shore Advisory Committee for their work on the project. Responding to Council Member Longoria, Mr. Utter explained that Mr. Harrison would be required to pay all taxes on the facilities in question. He added that the new marina office would cost approximately $350,000. He also noted three typographical errors that needed to be corrected, and Mayor Rhodes made a motion, seconded by Council Member Moss, to correct the contracts as stated; the motion passed unanimously. Referring to plans for the marina office, Council Member McNichols stated that the city should have a jet on display in that area, if the plane that is there presently would have to be moved. In response to Council Member Best, Mr. Utter said that Mr. Harrison would provide the funds for the construction costs, and after 40 years, the ownership of the restaurant and fueling station would revert to the city. The marina office would be built by the city and owned by the city. Mr. Utter added that the city can lease any property (land) up to 60 years; the maximum lease on water property (such as the bay) is five years without a voter referendum. Council Member Galindo questioned possible future federal prohibitions on the fueling operations, and Mr. Utter stated that if that should occur, the contract provides that the lease on the Lighthouse Restaurant would automatically increase from 1' to three percent of gross revenue. Mr. Utter went on to briefly describe the fueling operations, noting that the Regional Transportation Authority's charter boat would not be fueled at that location. Bulk fueling operations will be at a site designated by the Marina Superintendent. Mr. Galindo also asked about the length of the lease, and Mr. Utter explained that the 40 -year term of the lease was necessary to attract lenders in a project of this magnitude and cost. Mr. Galindo said he supported the proposed project. Minutes Regular Council Meeting September 20, 1994 Page 8 Mayor Rhodes called for comments from the audience. Mr. R.F. Hasker, 1813 Wallace, said that the proposed contract regarding the charter boat services was in direct competition with Captain Clark's charter boat service. He also criticized the length of the lease. Mr. Leon Perez, 904 Buford, criticized the lease term as well. Mr. R.J. Herschbach, 4650 Hakel, referred to the 1984 and 1992 charter amendment elections regarding lengths of leases on land and in the bay. Mr. James Bryant, 4526 Carroll Lane, objected to any contracts longer than 20 years. Mr. Joe O'Brien, 4130 Pompano, questioned the estimated total investment in the project, and said a shorter lease term, with options to renew, would give the city more control and protection. Ms. Gloria Perez expressed concern about the 40 -year lease term. Responding to Dr. McNichols, Mr. Utter said that currently the city's revenue from the present contract is approximately $33,000 a year; the renegotiated contract would yield a minimum of approximately $73,000 a year. Council Member Longoria noted that if the Lighthouse Restaurant and the marina fueling operations were not in existence today, the city would not be receiving any revenue from that piece of city property. She and Mayor Rhodes reiterated the necessity of the long-term lease for financing purposes. City Secretary Chapa polled the Council for their votes as follows: 4.a. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a 40 -year lease with T - Head Marina, L.C., on the northeast corner of the Lawrence Street T -Head, for the purpose of operating a restaurant, catering, private dining, and maritime and tourist related commercial sales, and approving a rental rate of VA percent of gross sales, or starting October 1, 1995, a monthly minimum of $5,833, whichever is greater; providing for publication. The foregoing ordinance passed on first reading as amended by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Minutes Regular Council Meeting September 20, 1994 Page 9 4.b. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a 40 -year lease with Marina Fuel & Charter Boat Company, L.C., on the northwest corner of the Lawrence Street T -Head, for the purpose of operating a marine service station providing fuel for boats and cars, marine related convenience store, charter boat services, boat broker services, sales and service, but no cooking, of food and beverages on the premises, and approving a rental rate of 1'/ percent of gross sales, or monthly minimum of $200, whichever is greater; providing for publication. The foregoing ordinance passed on first reading as amended by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 4.c. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a five-year lease with Marina Fuel & Charter Boat Company, L.C., over that portion of the Corpus Christi bay bottom bounded on one side by Lawrence Street T -Head, on one side bounded by a line extended from the north face of the Lawrence Street T -Head to the point where it intersects a line extended from the west face of the Lawrence Street T -Head, which is the third boundary line, containing approximately 450 square feet of bay bottom, for purposes of temporary dockage for passengers loading and unloading for related charter boat services, boat broker services, sales and service, but no cooking, of food and beverages on the premises, in consideration of constructing said deck; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes called for a five-minute recess. Mayor Rhodes opened the public hearing on the following zoning case: 5. Case No. 894-6, Jairo A. Puentes, M.D.: A change of zoning from "R -1B" One - family Dwelling District to "B-4" General Business District on 25.88 acres out of Lot 5, Section 9, Bohemian Colony Lands, located along Saratoga Boulevard and Carroll Lane between Weber and Kostoryz Roads. Mayor Rhodes stated that the Planning Commission and staff recommended denial Minutes Regular Council Meeting September 20, 1994 Page 10 of "B-4" District on the rear 3.24 acres of that portion extending 307 feet west of the centerline of the Carroll Lane extension, and in lieu thereof, approval of "AB" Professional Office District, and approval of "B-4" General Business District on the remaining 22.64 acres. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. Council Member Galindo asked to view the video of the subject property, which Mr. Brandol Harvey, Director of Planning and Development, described. Responding to Council Member Martin, Mr. Harvey said that after the property is platted, Carroll Lane would be connected with Norchester Street, which would then be extended to Saratoga Boulevard. Mr. Martin said that he felt the development in that area would benefit the city. Mr. Galindo questioned whether a traffic light should be considered in that area, in front of or near Most Precious Blood Church, because of increased traffic after the proposed medical complex is developed. Council Member Longoria added that an elementary school was located on the church grounds. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022036 Ordinance amending Zoning Ordinance upon application by Jairo A. Puentes, M.D., by changing the Zoning Map in reference to 3.24 acres out of Lot 5, Section 9, Bohemian Colony Lands, from "R-1 B" One -family Dwelling District to "AB" Professional Office District and 22.64 acres out of Lot 5, Section 9, Bohemian Colony Lands, from "R -1B" One -family Dwelling District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No. 894-7, Diamond Shamrock, Inc.: A change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on a 0.778 acre parcel of land out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Minutes Regular Council Meeting September 20, 1994 Page 11 Lot 24, located on the southwest corner of Graham and Waldron Roads. Mayor Rhodes stated that the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Noyola, and passed unanimously. Council Member McNichols expressed concern about how the proposed development of the convenience store would affect facilities in the area, such as the Ethel Eyerly Senior Citizens Center, which is across the street. Mr. Harvey replied that regardless of the type of development on that corner, there would still be increased pedestrian traffic as the area grows. He added that the corner lot could support a "B-4" General Business District zoning, although the zoning request was for "B-1" Neighborhood Business District. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022037 Ordinance amending Zoning Ordinance upon application by Diamond Shamrock, Inc., by changing the Zoning Map in reference to a 0.778 acre parcel of land out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lot 24, from "A-1" Apartment House District to "B-1" Neighborhood Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 894-8. Greater Midwest Enterprises. Inc.: A change of zoning from "B - 2A" Barrier Island Business District to "B-3" Business District on Padre Island No. 1, Block 14, Lots 11A through 15A, located along the west side of S. Padre Island Drive (Park Road 22), approximately 250 feet north of Merida Drive. Mayor Rhodes stated that the Planning Commission and staff recommended denial, and in lieu thereof, approval of a Special Permit for enclosed boat storage units, boat wash and boat repair subject to six (6) conditions. 1" Minutes Regular Council Meeting September 20, 1994 Page 12 No one opposed the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Responding to Council Member McNichols, Mr. Harvey showed a slide illustrating the existing land use, pointing out that the residential area is a block away. Dr. McNichols expressed concern about excessive noise associated with the proposed boat repair shop. Mr. Harvey stated that any repair activities would have to occur inside a building. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022038 Ordinance amending Zoning Ordinance upon application by Greater Midwest Enterprises, Inc., by granting a Special Permit for enclosed boat storage units, boat wash and boat repair subject to six (6) conditions on Padre Island No. 1, Block 14, Lots 11A through 15A; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 14, and Council Members requested that Items 13 and 14 be withheld for discussion. The Mayor noted that Item 10.b. was being withdrawn because it was not a necessary item, and Items 11.a. and 11.b. would be postponed until a future meeting because of an error. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M94-253 Motion approving a supply agreement for approximately 1,225 water main service saddles, ranging in size from 2" - 12", in accordance with Bid Invitation No. BI - 0219 -94, with International Supply, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $19,829.50. 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 items are to be stocked in the Warehouse and used by the Water Department. Minutes Regular Council Meeting September 20, 1994 Page 13 The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 9. M94-254 Motion rejecting bids received in response to Bid Invitation No. BI -205-94 for an aircraft rescue and firefighting vehicle for the Aviation Department. Specifications will be revised and new bid invitations issued. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 10.a. M94-255 Motion authorizing the City Manager to execute an amendment to a contract between the City and the Texas Department of Health (TDH Document No. C5000224) which adds Attachment No. 07 in the amount of $172,490 for the period September 1, 1994 through August 31, 1995 for health and family planning services to low income women and children. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. 10.b. WITHDRAWN 11.a. POSTPONED 11.b. POSTPONED Minutes Regular Council Meeting September 20, 1994 Page 14 12. ORDINANCE NO. 022039 Ordinance amending Ordinance No. 021997 which adopted the FY 1994-95 Operating Budget by adding $400,000 to the Aviation Capital Reserve; appropriating $400,000 from the Aviation Fund Capital Reserve. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Item 13, sale of foreclosed property. Responding to Council Member Noyola, Deputy City Manager Hennings stated that it was unknown what the prospective buyer's plans were for the property. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 022040 Resolution authorizing the sale of foreclosed property as follows: North % Lot 9, Block 3, Colonia Hidalgo Addition, City of Corpus Christi, Nueces County, Texas (4741 Molina Drive); prospective buyer is Rick Sparks; amount offered is $5,200. The foregoing resolution passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes opened discussion on Item 14, contract for tennis operations. Responding to Council Member Martin, Mr. Hennings said that the contracts for the two tennis professionals and the two golf professionals would all be considered soon. Mr. Malcolm Matthews explained that the golf professionals and assistant professionals would become city employees under the new contracts. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting September 20, 1994 Page 15 14. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a three-year professional services contract with Susan Shelby Torrance for tennis operations at the Al Kruse Municipal Tennis Center. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent. Mayor Rhodes called for the City Manager's report. Deputy City Manager Hennings stated that the Texas Natural Resource Conservation Commission was issuing an ozone advisory alert for September 21, 1994 (in addition to the advisory that had been issued for September 20). He said that the 2 p.m. ozone readings indicated that industry and citizens seemed to be heeding the advisory. Council Member Moss said that in addition to decreasing or eliminating lawn care activities on ozone advisory days, the public should also be strongly urged to carpool and not use their cars unless absolutely necessary. Mr. Hennings responded that as soon as the city is advised of the alert by the TNRCC, staff issues a news release to all media and suggests ways to decrease ozone emissions. Mr. Hennings noted that items scheduled for the September 27, 1994 meeting included acquisition of land on Oso Creek, improvements on Taxiway "F" at the airport, and the Tiongson zoning case. Mr. Hennings then asked Mr. Carl Crull, Group Manager for Public Works and Utilities, to give a brief presentation on a proposal to restrict large trucks in residential areas. Mr. Crull explained that there is a current ordinance restricting trucks over one ton in weight to through streets only; however, as currently written, the ordinance is hard to enforce. In order to rectify that situation, he said the ordinance would be changed to restrict trucks based on their actual size, with some exceptions, such as delivery trucks and moving trucks. The ordinance would also be changed to include restrictions on trucks parked on private property within 30 feet of the street pavement. Responding to Council Member Martin, Mr. Crull said the impetus for the proposed changes were several complaints about oversize trucks located in residential areas for long periods of time. Mr. Martin said his concern dealt with overweight trucks which continually destroy street pavement. Mr. Hennings replied that staff is researching that particular problem and would bring a recommendation to the Council in the near future. r Minutes Regular Council Meeting September 20, 1994 Page 16 Referring to the proposed changes in the ordinance, Mayor Rhodes said she felt that moving vans should not be required to have a permit to park in residential neighborhoods. Council Member McNichols emphasized that the two concerns about oversize and overweight trucks --those in residential areas and those destroying streets --should be treated separately. In her update, Mayor Rhodes gave a copy of the proclamation she read before the day's meeting about Citizens Against Lawsuit Abuse to City Attorney Bray. She thanked staff for the memo on the ozone issue, and also thanked several merchants --Quality Hotel Bayfront, American Airlines, Thrifty Car Rental, Columbus Fleet, U.S.S. Lexington, Texas State Aquarium, Greyhound Racetrack, Lighthouse Restaurant, Water Street Seafood Company, La Pesca Restaurant, and Vista Chevrolet --for their cooperation with some visitors to the city. Mayor Rhodes called for Council concerns and reports. Council Member McNichols requested more health-related information on the effects of ozone pollution, which he suggested could be evaluated by local pulmonary specialists. Upon verification by Mr. Hennings, Dr. McNichols noted that there had been very little inflow into the water shed, despite recent rains on the coast. He also discussed issues raised during the Annual South Texas Water Conference, including the Corpus Christi National Estuary Program and how it relates to the brown tide problem, and the problem of non -point source pollution. Mayor Rhodes thanked the Planning and Development Department for producing a slide presentation for her recent address to the Petroleum Institute in New Orleans. Council Member Moss said that several city streets needed to be restriped. Council Member Martin questioned the pollution standard index published in the Corpus Christi Caller -Times newspaper. Mr. Hennings replied that that information is provided to the paper by a representative of the TNRCC. He added that the pollution standard index is just another way to report ozone levels in public documents. Mr. Martin said that he appreciated the detailed information about the reservoir, but a simple weekly report was all that was necessary. Responding to Mr. Martin, City Attorney Bray said that oral arguments were scheduled to begin on October 5, 1994 in the appeal regarding the Lavaca-Navidad River Authority. Mr. Martin also questioned the planning of certain traffic lights, saying that a light or a four-way stop was needed at the intersection of Betty Jean and Williams streets. Mr. Crull briefly described why a four-way stop would not be feasible, adding that a report would follow. Minutes Regular Council Meeting September 20, 1994 Page 17 Council Member Galindo asked staff to investigate the possibility of streamlining the authorization and inspection process of the city's taxicabs. Council Member Moss asked about a letter sent to Council members concerning an arrest of an out-of-state resident, and Mr. Hennings said he had not seen a copy of the letter. Mr. Moss then gave him a copy. He also asked about the status of the Columbus Fleet, and Mayor Rhodes stated that Mr. Alex Harris is heading a task force to raise money and is soliciting names of people who can assist them. She encouraged any interested citizens to contact her office or Mr. Harris if they would like to contribute to the Columbus Fleet. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:08 p.m. on September 20, 1994.