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HomeMy WebLinkAboutMinutes City Council - 10/11/1994I 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 October 11, 1994, which were approved by the City Council on October 18, 1994. WITNESSETH MY HAND AND SEAL, this 19th day of+ctober, 1994., Armando Chapa City Secretary SEAL Jtfrit MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 11, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola City Manager Juan Garza 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 Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was led by Veronica Garza, Mathis High School. 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 opened discussion on Item 1, a presentation regarding the Naval Air Station Base Hospital. Mr. Red Stanton, Chairman of the South Texas Military Coalition, explained that the Navy is considering closing the hospital at Corpus Christi Naval Air Station, which they had also tried to do four previous times beginning in 1985. In 1992, he said, over 30,000 letters of protest were generated and the hospital remained open. Mr. Stanton gave several reasons why the Naval Hospital should remain open, including the fact that the hospital contributes $40 million annually into the local economy; 580 employees work there; and if the hospital were reduced to a clinic or closed Minutes Regular Council Meeting October 11, 1994 Page 2 altogether, it would cost the taxpayers about $48 million a year in Champus payments. Mr. Stanton also noted that 5,000 to 6,000 more active duty personnel (and 15,000 beneficiaries) are scheduled to be stationed at Naval Station Ingleside in the next two years. Mr. Stanton asked the Council to inform the legislators in Washington, D.C., of their desire to keep the hospital open. Mayor Rhodes said she assumed the Council would not object if she sent a letter to the legislators on their behalf supporting the hospital. Responding to a question from Council Member McNichols, Mr. Stanton stated that despite the large numbers of people who have been and would continue to be served by the base hospital, there is a philosophy among Naval authorities in Washington that "minor' Naval hospitals such as Corpus Christi's should be closed. Dr. McNichols stated that there should be a way of garnering the correct facts to emphasize the necessity of hospital care for Navy personnel, and Mr. Stanton replied that one alternative that has been proposed is Tri -Care, which would involve closing the base hospital and renting a wing of a local civilian hospital, and dedicating its use to military personnel and their dependents. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of September 27, 1994, and there being no corrections, she proclaimed them approved as presented. The Mayor then asked Council Member Best to provide an update on the Consolidation Committee's work. He noted that Council Members Longoria and Galindo, Nueces County Commissioners Frank Schwing and David Berlanga, Nueces County Judge Robert Barnes, and city and county staff had met several times to discuss consolidation efforts. Dr. Best then read a city/county proposal to develop a Risk Management System for Nueces County. Commissioner Schwing noted that the Consolidation Committee was formally organized following a meeting of the City Council and the Commissioners Court on June 14, 1994. He described some of the areas which had been considered for consolidation, including risk management, a cooperative road project, purchase of road materials, emergency management, and other topics. Mayor Rhodes commended the members of the Consolidation Committee for their efforts, and noted that the Council would discuss the risk management proposal at the next Council meeting. Minutes Regular Council Meeting October 11, 1994 Page 3 Mayor Rhodes read a proclamation that had been inadvertently omitted from those read before the Council meeting was called to order. The Mayor announced that October was being designated as "Texas Restaurant Month," and members of the Coastal Bend Restaurant Association (CBRA) and were on hand to accept the proclamation: Cathy Harrison, Carrie Rhodes, Steve Curran, Kathy Jansen, and Malcolm DeShields. Also present at the meeting was Mike Creel. Mrs. Harrison announced that the "Taste of Corpus Christi" would be held on October 26, 1994 at the Bayfront Plaza Convention Center, with proceeds benefitting the organization's scholarship fund. The Mayor then referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Ethics Commission James Barnette Orlando Noyola Dr. Robert Mastin Sister City Committee Jerry Barker Human Relations Commission Corine Garcia Landmark Commission Neel Fulghum Pipeline Review Panel Robert Samaniego Mayor Rhodes opened discussion on Item 2, allocation to the Veterans Band. City Manager Garza made a correction to the background material regarding the proposed motion: that in 1988, the Council had allocated $10,000 for the Veterans Band's trip to Washington, D.C., not $5,000 as had been stated. Council Member Noyola said that the Veterans Band has represented the city in a variety of ways, adding that they should receive more than the $5,000 currently being proposed. He then made a motion to allocate an additional $15,000 from the proposed $125,000 construction grant for the Museum of Oriental Cultures (Item 7 on the day's agenda), for a total allocation to the Veterans Band of $20,000. The motion was seconded by Council Member Galindo. Referring to Mr. Noyola's motion, Mayor Rhodes stated that the Veterans Band Minutes Regular Council Meeting October 11, 1994 Page 4 was universally well -liked, but she voiced her objection to taking away funding that was being proposed for the Museum of Oriental Cultures. She added that the $5,000 that was being suggested for use by the Veterans Band was made available on a one-time basis through the city's Arts Subgrant Program. Council Member McNichols pointed out that the proposed $125,000 construction grant for the Museum of Oriental Cultures would come from the Economic Development Trust Fund, which was originally funded by the Corpus Christi Housing Finance Corporation. Dr. McNichols stated that, theoretically, that money could be used by the city for any public purpose, but it was originally budgeted for use within the Bayfront Arts and Sciences Park; therefore, allocating those funds for the construction of the new Museum of Oriental Cultures at the park would be appropriate. Council Member Cooper suggested the Council support the proposal of allocating $5,000 to the Veterans Band, and then direct the City Manager to try to find sources of additional funding other than from the Economic Development Trust Fund. Mayor Rhodes called for a voice vote on Mr. Noyola's motion of allocating $5,000 from the Arts Subgrant Program and $15,000 from the Economic Development Trust Fund for a total of $20,000 for the Veterans Band. The motion failed to pass. Mayor Rhodes called for comments from the audience. Mr. Ram Chavez, Musical Director of the Veterans Band, thanked the Council and citizens for their support, adding that the band's fundraising efforts were proceeding. Mr. Leon Perez, 904 Buford, said the city should allocate more than $5,000 to the Veterans Band because of the positive publicity the band brings to Corpus Christi. Mr. Frank Weathered, Chairman of the Municipal Arts Commission, pointed out that under the guidelines established for arts subgrant funding, the Veterans Band would not have qualified for funding since the money would be used for the band's upcoming performance in Washington, D.C., and funded projects need to take place within the Corpus Christi city limits. In response to a question from Council Member Martin, City Manager Garza noted that Item 3, regarding the allocation of $14,500 as a local match for a National Endowment for the Arts (NEA) grant, was related to Item 2. Further responding to Mr. Martin, Mr. Malcolm Matthews, Director of the Park and Recreation Department, explained that, originally, $19,500 of the Arts Subgrant Program funding had been allocated to the Corpus Christi Arts Council, which was recently dissolved. Therefore, the Council needed to determine how to allocate that $19,500 in funding, and staff was recommending that $5,000 go to the Veterans Band and the remaining $14,500 be used to develop the Community Cultural Plan. Minutes Regular Council Meeting October 11, 1994 Page 5 Referring to the specifics of the NEA grant, Ms. Marion Loucks, Superintendent of Cultural Services, said that the NEA would provide $24,000 with a requirement of a equal match of $24,000 from the city; of that amount, 50 percent must be in cash ($12,000) with the remaining $12,000 comprised of in-kind services. Mayor Rhodes said it was important to keep in mind Mr. Weathered's explanation of the Arts Subgrant Program's guidelines. She reiterated that although the Veterans Band was worthy of praise and a certain amount of city funding, there were many other organizations equally deserving. She said the Veterans Band was capable of raising most of its own funding through private donations because of its popularity. Mrs. Cooper asked how citizens could make donations to the Veterans Band, and Mr. Chavez responded that the address is P.O. Box 8606, Corpus Christi, Texas 78468, and the phone number is 992-1434. Referring to a comment by Mr. Galindo about the NEA grant figures, Mr. Garza explained that the $5,000 and $14,500 allocation amounts were determined before the actual NEA minimum grant requirements were known. Mayor Rhodes said that she did not want the discussion on funding for the Veterans Band's trip to have any negative connotations, as it had during a previous Council meeting; she added that they deserved to have a positive send-off. Mr. Martin said that the allocation of $5,000 for the band was appropriate, especially in light of the city's desire to show support for the military's presence in Corpus Christi. He added that difficulties arise when there is an attempt to fund the Veterans Band from a specific source such as the arts programs because of the guidelines that are involved. He encouraged the Council to approve the proposed motion and, if the Council concurred, to direct the City Manager to seek additional uncommitted funds from the General Fund. Mayor Rhodes encouraged the Veterans Band to continue their efforts to raise private donations. City Secretary Chapa polled the Council for their votes as follows: 2. M94-264 Motion approving the allocation of $5,000 to the Veterans Band for travel expenses to Washington, D.C. to play at the Vietnam Veterans Memorial 10 -year anniversary. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting October 11, 1994 Page 6 grant. Mayor Rhodes opened discussion on Item 3, National Endowment of the Arts Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. M94-265 Motion approving the allocation of $14,500 as a local match for a National Endowment of the Arts Grant for development of the Community Cultural Plan. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, and Noyola voting "Aye"; Galindo, Martin and Moss voting "No Mayor Rhodes opened discussion on Items 4.a., 4.b., and 4.c., Corpus Christi Enterprise Zone. Mr. Tom Utter, Group Manager of Development Services, gave a brief presentation on the Corpus Christi Enterprise Zone, explaining that the zone was being expanded and two companies located in the zone --Coastal Refining and Marketing Inc. and First Data Corporation --were seeking to be designated as qualified enterprise zone projects. Responding to Council Member Martin, Mr. Utter explained that enterprise zone projects receive state sales tax rebates on construction materials and equipment. Council Member McNichols pointed out that the inclusion of projects in the enterprise zone broadens the city's tax base and provides more jobs, thereby benefitting the whole community. Council Member Galindo added that with enterprise zone projects, there is an increased emphasis on buying local goods and services. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, reiterated his opposition to the expansion of the enterprise zone to include the industrial districts. Referring to Coastal Refining's enterprise zone application, he said the company would receive some state rebates for complying with Environmental Protection Agency guidelines, which they should be doing in the first place. Mr. O'Brien said he did not oppose placing First Data Corporation in the enterprise zone, but he opposed granting that company a tax abatement. Minutes Regular Council Meeting October 11, 1994 Page 7 Mr. Utter pointed out that First Data's inclusion in the zone did not provide it with any direct local incentive. Mr. Martin noted that Mr. O'Brien's comments about the tax abatement referred to Item 5, not to the items being discussed at the time. Ms. Pearl Love, Human Resources Supervisor and Contracts Administrator for Coastal Refining and Marketing Inc., outlined the company's objectives for seeking to be designated as an enterprise zone project. Referring to Ms. Love's comments, Council Member Moss noted that the 20 new jobs that would be created at Coastal Refining subsequently create approximately 10 more new jobs each throughout the community, for a total of about 200 new jobs. Mr. Mike Carrell, Board Member of the Corpus Christi Bay Area Business Alliance, thanked the city staff, specifically Mr. Utter, and First Data's staff on their efforts to bring the company to Corpus Christi. Mr. Carrell then introduced Ms. Natalie Peterson, Senior Director of Strategic Planning for First Data. Ms. Peterson expressed the company's appreciation for the proposed inclusion in the enterprise zone and the tax abatement. She said the communications facility plans to open during the first quarter of 1995. She introduced Ms. Jacqueline Hill, Director of the company's Corpus Christi facility, who also noted that the two proposals were important factors in the company's decision to locate here. Mayor Rhodes responded by saying that the community will benefit from First Data's presence, especially with the promise of 1,100 new jobs. City Secretary Chapa polled the Council for their votes as follows: 4.a. ORDINANCE NO. 022049 Ordinance withdrawing the designation of the Corpus Christi Enterprise Zone; and designating a new Corpus Christi Enterprise Zone with expanded boundaries, and authorizing the filing of an application with the Texas Department of Commerce. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 4.b. RESOLUTION NO. 022050 Resolution nominating and designating Coastal Refining and Marketing, Inc., as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Texas Government Code Ann. § Chapters 2303.001-2303.515 (Vernon 1994). The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Minutes Regular Council Meeting October 11, 1994 Page 8 Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." 4.c. RESOLUTION NO. 022051 Resolution nominating and designating First Data Corporation as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Texas Government Code Ann. § Chapters 2303.001-2303.515 (Vernon 1994). The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 5, tax abatement agreement. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 022052 Resolution authorizing the execution of a Tax Abatement Agreement with First Data Corporation. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 6, amending the fire code. Fire Chief J.J. Adame explained that the National Fire Protection Association (NFPA) recently issued code revisions to address above -ground tanks and the storage of flammable and combustible liquids. He said the item on the agenda proposed to amend the Corpus Christi Fire Code to allow the installation of above -ground tanks in marine service stations, by adopting the NFPA's revisions. Council Member McNichols stated that while the major problem with below -ground tanks in marine applications were environmental concerns, above -ground tanks possibly posed an even more serious concern because of the potential safety hazards. Chief Adame said that the code revisions dealt with those concerns, including distance requirements and safety requirements. He stated that above -ground tanks were safe under normal use. A brief discussion followed regarding structural and location requirements. Minutes Regular Council Meeting October 11, 1994 Page 9 Responding to Council Member Martin, Chief Adame stated that itis prohibited for fuel trucks to perform direct fueling of boats in the marina. City Manager Garza acknowledged that certain allowances had been made in the past, but the city's proposed lease with Marina Fuel & Charter Boat Company would not allow that. Mr. Martin also asked about the status of applying the NFPA standards to all above -ground tanks, and Mr. Garza replied that staff plans to present that item to the Council in the next few months. Dr. McNichols noted that a distinction needs to be made about the requirements regarding dyed and undyed fuel. In response to Council Member Galindo, Chief Adame stated that the reason the city had not adopted regulations pertaining to above -ground tanks sooner was that the code revisions had just recently been promulgated by the NFPA. Mr. Galindo said that there should be strict structural requirements for above -ground tanks at the marina. Mayor Rhodes called for comments from the audience. Mr. Jimmy Till, 1265 Southern Minerals Road, questioned if the above -ground tanks would have a fire wall surrounding them, and Mr. Martin responded that they would be surrounded by six inches of reinforced concrete. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Amending Chapter 18, Fire Prevention Code, Article I, General, Section 18-1, Fire Prevention Code, of the City Code of Ordinances; providing for additions, deletions, and changes to Section 18-1, Chapter 9, Flammable and Combustible Liquids of said Code; providing for a savings clause; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 7, Museum of Oriental Cultures lease agreement amendment. Mr. Utter explained that after a previous lease with the Museum of Oriental Cultures expired with no construction on a new museum having been initiated, a new lease was approved in March 1994 with plans to refurbish the old International Longshoremen's Association (ILA) building located between Mesquite and Chaparral streets. The museum has raised approximately $300,000 toward the construction, but an additional $125,000 is needed to renovate the building enough to allow the museum Minutes Regular Council Meeting October 11, 1994 Page 10 to initially occupy it and begin operation. Mr. Utter added that the Creative Arts Center, which had originally received the $125,000 appropriation from the Economic Development Trust Fund, has agreed to let the Museum of Oriental Cultures utilize that money for their project. Responding to Council Member Galindo, Mr. Utter described the status of the construction plans. Upon verification from Mr. Utter, Council Member Longoria stated that the building to be renovated is one of the last in the Heritage Park area to be occupied. Mr. Utter went on to describe some of the additional renovations the museum hopes to make in the future. In response to a question from Mayor Rhodes, Mr. Utter said that Mr. Matshashima's donation was still applicable to the project. Council Member Martin asked if any matching funds were being required for the grant, and Mr. Utter replied that they were not, and he delineated the funds that the museum had available to this point. Responding to another question from Mr. Martin, Mr. Utter confirmed that the original 1989 lease and the new lease had stated that the city would only provide the old ILA building to be used by the museum, but not additional funding; therefore, the new lease needed to be amended to allow for the $125,000 construction grant. Mr. Martin expressed concerns about the proposal, including the fact that the city was providing the building itself besides providing grant money that had originally been intended for another organization. He also questioned the feasibility of renovating the old ILA building. Mr. Utter pointed out that the Museum of Oriental Cultures currently does not have a permanent location and costruction needed to begin soon, and Mr. Martin stated that the ILA building renovation would take at least 13 to 15 months before occupancy was possible. Mr. Martin reiterated that the $125,000 could be used for other buildings in that area, such as the Bayfront Convention Center. Mayor Rhodes asked Mrs. Betty Hoelscher, Director of the Museum of Oriental Cultures, to respond. Mrs. Hoelscher stated that the organization has had local fundraising events, and has already spent a large amount of money on the renovation project. She said they have scaled down the museum's plans in order to occupy the building as soon as it is renovated. Mrs. Hoelscher described the many ways that the museum serves an important, unique cultural role in the city, particularly by educating school children about the true meaning of multi-culturalism. Responding to Mayor Rhodes, Mrs. Hoelscher said that Sunrise Mall has agreed to provide 5,000 square feet of space for one year, which should improve the museum's visibility in the community. Minutes Regular Council Meeting October 11, 1994 Page 11 Council Member Cooper said she supported the proposal in order to give the museum a permanent home. Mayor Rhodes called for additional comments from the audience. Mr. Abel Alonzo, 1701 Thames, said he supported the Museum of Oriental Cultures because it addressed the diversity of the local community. He added that the Council should consider similar requests by other organizations if the situation arose, particularly since such educational efforts benefit children. Mr. R.F. Hasker, 1813 Wallace, opposed the proposal, saying that he questioned whether the citizens were getting their money's worth. City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an amendment to the Museum of Oriental Cultures lease agreement with the City of Corpus Christi by granting a $125,000 construction grant to be used within 18 months from May 14, 1994 and terminating the lease agreement if the rehabilitation or construction is not complete by then, and by changing the lessee's address. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Longoria, McNichols, and Moss voting "Aye"; Galindo, Martin and Noyola voting "No." Mayor Rhodes opened discussion on Items 8.a. and 8.b., Tejano Music Festival. Mr. Matthews, Park and Recreation Director, explained that Coca Cola USA and Anahuac Entertainment Corporation had requested use of the public property at the north end of Corpus Christi Beach for a Tejano music festival on October 30, 1994. The companies also asked that a portion of the area be fenced off in order to charge admission, and the General Land Office required that a use permit be executed. Responding to Mayor Rhodes, Mr. Matthews stated that as long as the organization requesting the land use meets city requirements, the city does not distinguish between for-profit and non-profit organizations. Council Member Martin questioned if the police costs had been included in the city's charge to the promoter, and Mr. Matthews replied that the promoter had been informed of the necessity of hiring off-duty police officers; Mr. Garza added that the cost Minutes Regular Council Meeting October 11, 1994 Page 12 of traffic control had not been factored in. In response to Council Member Noyola, Mr. Matthews stated that beer would be sold during the festival. Council Member Galindo said he supported the festival because it helps promote the city, adding that he did not object to the promoter roping off a portion of the beach to charge admission. Mr. Eduardo Somoza, of Anahuac Entertainment, explained that the city will receive five percent of all gross receipts derived from the festival or the city's direct costs, whichever is greater. He added that the festival had been successful in Houston, San Antonio and the Rio Grand Valley. Ms. Elisia Gonzalez -Rubio, a representative of Coca Cola USA, described the project, saying that it targets the Hispanic community with sports activities for children (provided by Coca Cola) and music performances for families and adults (provided by Anahuac Entertainment). Responding to Mayor Rhodes, Ms. Gonzalez -Rubio said the gate charge is $10 for anyone 10 years old and older and children under 10 are free. Ms. Gonzalez -Rubio added that H -E -B Food Stores is one of the companies helping promote the event. Council Member Best suggested that any monies made over the city's costs for the festival should be donated to the Veterans Band. Mr. Somoza said he would be open to donating money to a charitable organization. A brief discussion followed, and Mr. Somoza showed a short video describing the festival. Council Member Cooper said she was concerned because the city's policies concerning use of public land did not differentiate between for-profit and non-profit organizations, and suggested that staff investigate amending the policy. She added that Coca Cola USA and Anahuac should not be penalized for an existing policy that the Council feels should be changed. Council Member McNichols echoed Mrs. Cooper's comments, stating that since the proposed festival met the city's guidelines, the Council should approve the event and then direct staff to amend the policy. Mayor Rhodes called for additional comments from the audience. Mr. Abel Alonzo, 1701 Thames, said he agreed with the purpose of the festival but disagreed with the $10 gate fee, saying it would prohibit many people from being able to attend. Mr. Jimmy Till, 1265 Southern Minerals Road, pointed out that H -E -B, which is a large contributor to charitable causes, was one of the sponsors of the festival, which convinced him that the event was worthwhile. Minutes Regular Council Meeting October 11, 1994 Page 13 City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 022053 Ordinance amending the Code of Ordinances, Chapter 33, Article V, Outdoor Music Festivals, by changing the insurance requirements and permit fees. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Rhodes, Martin and Noyola voting "No." 8.b. ORDINANCE NO. 022054 Ordinance authorizing the City Manager or his designee to execute a three day lease, October 29-31, 1994 with Anahuac Entertainment Corporation for the use of an area on the north end of Corpus Christi Beach bounded by the Water, Gulden Avenue and Gulf Breeze Avenue and also for that portion of Corpus Christi Beach leased to the Multihull Sailing Association from 12:00 p.m., October 30, 1994 to 6:00 a.m., October 31, 1994, when it is exclusive to hold a Brujita Night/Halloween Bash Tejano Music Festival. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Rhodes, Martin and Noyola voting "No." Mayor Rhodes opened discussion on Item 9, street closure for Texas Special Olympics event. Council Member Martin said he had heard that similar Vantage Grand Prix events had been successful in other cities, but he had not heard about plans for this event. Ms. Kelly Gonzalez, Event Coordinator, said that organizers had been planning the event for over a year and 10 cars had been entered for the race on November 5, 1994. She added that there are plans to make this an annual event, with more cars to be entered next year. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M94-266 Motion approving the application from the Texas Special Olympics to close the Minutes Regular Council Meeting October 11, 1994 Page 14 following street sections for the Vantage Grand Prix of Corpus Christi, November 5, 1994: a. Northbound/Southbound Shoreline Boulevard (East and West legs) between Resaca and Belden Streets, from 8:00 a.m., Friday, November 4, 1994 through 6:00 a.m., Sunday, November 6, 1994; b. Fitzgerald Street, Palo Alto Street, and Power Street, between Water Street and Shoreline Boulevard, from 8:00 a.m., Friday, November 4, 1994 through 6:00 a.m., Sunday, November 6, 1994. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 994-2, Arnold P. Leal: A change of zoning from "1-2" Light Industrial District to "1-3" Heavy Industrial District on 5.867 acres out of Lot 8, Section 8, Bohemian Colony Lands, located on the south side of Holly Road, approximately 900 feet east of Ayers Street. Mayor Rhodes stated that the Planning Commission and staff recommended denial of the "1-3" District, and in lieu thereof, approval of a Special Permit for an auto salvage facility subject to four (4) conditions. 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. Mayor Rhodes asked if the applicant agreed to the Planning Commission's and staffs recommendation, and Mr. Brandol Harvey, Director of Planning, said he had. Responding to Council Member Martin, Mr. Harvey said the easterly edge of the property line is across from the City Service Center. ORDINANCE 022055 Ordinance amending the Zoning Ordinance upon application by Arnold P. Leal, by granting a Special Permit for an auto salvage facility subject to four (4) conditions on 5.867 acres out of Lot 8, Section 8, Bohemian Colony Lands; providing for publication. Minutes Regular Council Meeting October 11, 1994 Page 15 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 27.b., and Council Members requested that Items 11, 14, 17, 21 and 27 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 12. M94-268 Motion approving a supply agreement for approximately 10,000 tons of cold mix/cold laid asphalt in accordance with Bid Invitation No. BI -0251-94 with Vulcan Materials Company, San Antonio, Texas, based on low bid of $255,000. The term of the contract will be 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. This material will be used by the Street and Utility Departments for the patching and repairing of City streets. Funds have been budgeted by the using departments for FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 13. M94-269 Motion approving a supply agreement for firefighting clothing which includes approximately 100 turnout coats, 100 turnout pants, and 100 pairs of suspenders, in accordance with Bid Invitation No. BI -0009-95, with Casco Ind., New Braunfels, Texas based on low bid meeting specifications for an estimated annual expenditure of $42,769. The term of the agremeent 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 are budgeted in FY 94-95 by the Fire Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15. M94-271 Motion authorizing the City Manager or his designee to execute an agreement with Minutes Regular Council Meeting October 11, 1994 Page 16 Ada Wilson Children's Center for Rehabilitation Inc. to provide $75,000 from the FY94 CDBG Program for construction and modifications to the facility at 3511 S. Alameda for conformance with ADA requirements. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 16. M94-272 Motion authorizing the City Manager to execute pipeline agreements with Coastal States Crude Gathering Company in an amount not to exceed $200,000 and with Koch Gathering Systems, Inc. in an amount not to exceed $185,811, for adjustment of pipelines required for the construction of roadway improvements on Violet Road between Annaville Road and a point 1,500 feet south of Starlite Lane. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 18. M94-274 Motion awarding a contract in the amount of $51,000 to Naismith Engineering Inc. to provide surveying services for the replatting of the commonly owned areas in the Village on the Green Subdivision. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 19. M94-275 Motion requesting a six-month extension for a Special Permit until April 12, 1995, for a retail grocery on a portion of Lot 36, Block 7, Gardendale No. 2, located at the northeast corner of Bonner Drive and Nelson Lane. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 20. M94-276 Motion approving Amendment No. 1 to the Fire Department lease with Nueces County Appraisal District originally approved by Motion M94-047. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting October 11, 1994 Page 17 22. ORDINANCE NO. 022056 Ordinance closing and abandoning a 301 -square foot portion of a 3 -foot wide electrical easement in Lot 51, Block 2, Creekway Subdivision, subject to the compliance with the specified conditions, and the owner replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 23. ORDINANCE NO. 022057 Ordinance closing and abandoning an 8,880.14 square foot portion of a 10 -foot wide utility easement in Tracts 1&3, Oakhurst Plaza, subject to the compliance with the specified conditions, and the owner replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 24. ORDINANCE NO. 022058 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with Southwestern Refining Company, Inc., to install a monitoring well within the right-of-way of Summers Street, approximately 50 -feet east of Port Avenue and 3 - feet north of Summers Street, and establishing a fee of $600. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 25.a. ORDINANCE NO. 022059 Ordinance appropriating Federal Aviation Administration Grant No. AIP 3-48-0051- 21 in the amount of $912,161 for the Taxiway "F" Extension; authorizing the transfer of $117,400 from the Aviation Fund Capital Reserve into the Airport Capital Improvement Fund and appropriating $117,400 from the Airport Capital Improvement Fund as the City's share of project costs. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting October 11, 1994 Page 18 25.b. M94-278 Motion awarding a contract in the amount of $880,717.50 to Heldenfels Brothers, Inc. for the Taxiway "F" Extension. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 25.c. M94-279 Motion authorizing Amendment No. 8 to the contract for engineering services with Russell-Veteto to provide construction phase services during the Taxiway "F" Extension project for a fee of $15,715. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 26. FIRST READING ORDINANCE Amending the City of Corpus Christi Code of Ordinances by amending Chapter 2, Administration, Division 12, by amending Sections 2-140 through 2-144 by changing the Corpus Christi Bay Area Minority Business Opportunity Committee Program Steering Committee membership by establishing minimum and maximum membership limits and revising quorum and appointment terms accordingly. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 11, traffic signs. Responding to Council Member McNichols, Mr. F.D. Glenn, Purchasing Agent, stated that the price of raw aluminum had increased 16 percent over the last two years. Council Member Moss questioned whether street striping was continuing, and City Manager Garza said he would provide Mr. Moss with a report of the city's striping activity. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11. M94-267 Motion approving a supply agreement for approximately 6,205 aluminum traffic Minutes Regular Council Meeting October 11, 1994 Page 19 sign blanks; 2,900 aluminum traffic sign blades; and 1,200 brackets in accordance with Bid Invitation No. BI -0267-94, with Vulcan Signs, Foley, Alabama, based on low bid for an estimated annual expenditure of $59,577.70. 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 will be used by the Street Services Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 14, lease/purchase items. In response to Council Member McNichols, City Manager Garza said that the lease/purchase items in the Street Department were actually a very small part of all of the equipment in the Street Department. Dr. McNichols asked why the city continues to utilize the lease/purchase arrangement, and Mr. Garza stated that an equipment replacement fund had been established years ago, which subsequently was exhausted during the economic downturn in the 1980s. That resulted in the cessation of the replacement schedule for some equipment, creating difficulties in the last few years as more and more equipment needed to be replaced. He said after staff researched different financing mechanisms, the lease/purchase method was considered to be the most feasible. Mr. Garza noted that more money needed to be budgeted annually to replace capital equipment, but he could not predict when the city would be in a financial position to stop using the lease/purchase arrangement completely. Responding to Council Member Moss, Mr. Garza said that the interest rate on lease/purchase items was 7.05 percent. Mr. Moss echoed Dr. McNichols' concerns about that method of financing. Council Member Martin questioned the lease/purchase of the landfill elevating scraper for $324,672 with a five-year maintenance program for $182,640. Mr. R.T. Bruner, Director of Solid Waste Services, stated that new tasks had been assigned to the scraper and more hours of use were being anticipated. A brief discussion ensued regarding that item. In response to Council Member Best, Mr. Bruner discussed the use of Corpus Christi's landfill by surrounding communities. 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 October 11, 1994 Page 20 14. M94-270 Motion approving the procurement of heavy equipment in accordance with Bid Invitation No. BI -0001-95 from the following companies, based on low bid and only bid. The equipment is for Solid Waste Services, Street Services, and Stormwater. Funding for Stormwater is budgeted in the 1994-95 Capital Outlay; funding for the full maintenance programs is budgeted through monthly payments due this fiscal year, and will be requested during the subsequent budget years; funding for the lease/purchase items will be provided through the lease/purchase line of credit contract with G.E. Capital. Purchase Waukesha -Pearce Industries Corpus Christi, Texas Telescopic Boom Excavator Lease/Purchase Closner Equipment Company San Antonio, Texas 4-6 Ton Flat Wheel Roller 12 -Ton 9 Wheel Roller 8-10 Ton Flat Wheel Roller 5-8 Ton Flat Wheel Roller Conley -Lott -Nichols Corpus Christi, Texas Rotary Street Broom Holt Company of Texas Corpus Christi, Texas Landfill Elevating Scraper *5 -Year Maintenance Program GRAND TOTAL - 2 each @ $147,620.00 Total $295,240.00 3 each @ $34,131.00 3 each @ 44,050.00 1 each @ 44,294.00 1 each @ 44,532.00 Total $323,369.00 1 each @ $28,097.00 Total $28,097.00 1 each @ $324,672.00 1 each @ $182,640.00 Total $507,312.00 $1,154,018.00 *The maintenance program is funded as part of the operating budget. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Noyola voting "Aye"; Galindo and Moss voting "No." Minutes Regular Council Meeting October 11, 1994 Page 21 Mayor Rhodes opened discussion on Item 17, cleaning of trunk sanitary sewers. Council Member Noyola said that construction on Horne and Angela streets had left the road unlevel, and Mr. Carl Crull, Group Manager for Public Works and Utilities, said staff would determine which contractor was responsible for that work. Responding to Council Member Martin, Mr. Crull stated that Jalco, Inc. was not the original contractor on a McArdle Road project. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M94-273 Motion awarding a contract in the amount of $740,791 to Jalco, Inc. for the cleaning and rehabilitation of trunk sanitary sewers in the area of Horne Road/Navigation and Old Brownsville Road intersection. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 21, land acquisition for parking lot. Responding to Council Member McNichols, Mr. Crull stated that the platting ordinance requires that five percent of the gross area be dedicated as a park, and to waive that requirement would have been a violation of the ordinance. He added that the property is zoned "RE," Residential Estate. A brief discussion followed regarding the value of and plans for the property. In response to a question from Council Member Moss, Mr. Crull stated that the Council had decided about a year ago not to purchase the property in question because the funds were not available at the time; funds became available in May 1994 through the Community Development Block Grant Program. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. M94-277 Motion authorizing the acquisition of a 1.044 acre tract of land located on Graham Road adjacent to Parker Park for $30,000 in connection with the construction of a parking lot for the Ethel Eyerly Senior Community Center. Minutes Regular Council Meeting October 11, 1994 Page 22 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 27, second reading of an amendment to the ordinance restricting certain vehicles on non -through streets. Council Member Martin said citizens had called him regarding the proposed ordiance, and he had several questions concerning the item. City Manager Garza said that complaints regarding restricted vehicles in residential areas had been tracked for one year. They were received from throughout the city, with a heavier concentration of complaints from Districts 1, 2 and 3. Mr. Martin questioned the specifics of the proposed ordinance, including the prohibition against parking restricted vehicles 30 feet or less from the street pavement, and the change in the size descriptions. Mr. Martin also questioned how effective enforcement of the current ordinance has been. A lengthy discussion ensued regarding the purpose of the proposed ordinance and whether its adoption would cause more problems than it would solve. Mr. Crull showed slides of a variety of large trucks being parked in residential neighborhoods, and Mayor Rhodes stated that it seemed to be the Council's consensus that the proposal be withdrawn and brought back in a different form. 27.a. WITHDRAWN Motion to among, prior to second roading, Chapter 53 Traffic, Article V 27.b. WITHDRAWN Mayor Rhodes announced the closed session, pursuant to Texas Government Code Section 551.071, regarding Keith Zook v. City of Corpus Christi, No. 93-3418-F, 214th District Court, Nueces County, Texas, with possible action thereon in open session. The Council went into closed session. The Council returned from closed session. Minutes Regular Council Meeting October 11, 1994 Page 23 Mayor Rhodes made a motion authorizing the City Manager to execute documents settling Zook v. City of Corpus Christi, No. 93-3418-F, 214th District Court, Nueces County, Texas, for $62,703.45 as negotiated by staff in mediation. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols not voting. (M94-280) Mayor Rhodes called for the City Manager's report. Mr. Garza stated that items scheduled for the October 18, 1994 meeting included: a presentation on the proposed freshwater release operating plan changes; first reading of the ordinance adopting the capital budget; a presentation by the Columbus Fleet Association; and one zoning case that could be controversial. ««««««««««««« In her update, Mayor Rhodes stated that several events were planned for October 12, including meetings with Mr. Rafael Mazarrasa, President of the Spain '92 Foundation; Mr. David Dean, a transportation consultant; and officials of Continental Airlines. The Mayor also raised the issue of a zoning case involving what was thought to be a restaurant which was approved to serve liquor, located in Cullen Mall (Case No. 1093-4, Warsu Inc.). During the initial discussion of that case on December 14, 1993, Mayor Rhodes said she asked what the difference is between a restaurant and a bar, and Mr. Harvey replied that there are several factors involved, but restaurants are places that primarily serve food but are allowed to serve alcohol, while bars primarily serve alcohol but can serve food as well. Mayor Rhodes said the neighbors in that area have again expressed concern about the business in question --Ballyhoo's Sports Bar. The Mayor said that with this and other cases involving "B-1" zoning, she and the Council specifically reassured concerned citizens that a bar would not be allowed under "B-1" zoning, which turned out not to be the case because of the way the ordinance has been enforced in the past. Mayor Rhodes asked the staff to again define the distinction between what constitutes a bar and what constitutes a restaurant. City Manager Garza said he asked City Attorney Bray to research the issue. Mr. Bray explained that prior to 1984, bars were not prohibited in "B-1" zoning --there was not a specific reference to bars, they had been included within the term "restaurants and other similar uses." He said the issue came before the Council at that time for amendment, and the Council added the present language, which defines a tavern as 1) a use that is primarily engaged in the retail sale of alcoholic beverages, 2) and it is a place where full food service items are not available at all times. Mr. Bray continued that, according to the record, there had been a great deal of debate about that issue in 1984, and a compromise emerged which said a business Minutes Regular Council Meeting October 11, 1994 Page 24 would not be considered a bar so long as it served food (other than snacks and hors d'oeuvres) at all times that it was open. He said there is a 10 -year history where staff has consistently applied that test in determining whether a business is a bar or tavern under the ordinance. Mr. Bray said he thought the ordinance's present language came about because the proportional test of food versus alcohol was difficult to apply because it required extensive record-keeping and examination of books, and because a number of "legitimate" restaurants do make a large percentage of their gross profits from the sale of alcohol. Mayor Rhodes then inquired if a business which primarily serves alcohol and also serves such foods as hamburgers 24 hours a day can be called a restaurant and exist in "B-1" zoning, and Mr. Bray replied that it could. The Mayor said that in the future she would be extremely reluctant to grant a "B-1" zoning in the chance that the applicant could really be opening a bar near a neighborhood. She said that staff should investigate changing the wording of that ordinance. Responding to Mayor Rhodes' question regarding the legality of Ballyhoo's in particular, Mr. Bray said that business is legal and would have been legal under the present ordinance if the zoning case had never come before the Council. Council Member McNichols stated that he was perturbed with this case because when it originally came up, the Council was assured by those representing Cullen Mall that there would not be a bar there. Mr. Garza said he visited Ballyhoo's on October 10, 1994 to investigate its use, and one of the patrons told him that Ballyhoo's was a bar, even though it does serve food. Mr. Garza added that there were no children present. Council Member Martin stated that one of the problems is that Texas cities do not exercise liquor licensing authority. Mr. Martin pointed out that regarding the record- keeping issue, all of the liquor must be reported separately and is taxed separately, and all of the food and beverage has a sales tax. Mayor Rhodes apologized to the neighbors around Cullen Mall, saying that they and the Council were misled regarding this case. Responding to Mr. Martin, Mr. Bray said live entertainment is allowable in "B-1" zoning. Mr. Martin noted that some businesses act primarily as restaurants earlier in the evening and then act primarily as bars late in the evening. Mrs. Katharine Albert, 501 Dickens, said she lives across the street from Ballyhoo's and Cullen Mall. She stated that the neighbors were misled about this zoning case, adding that the ordinance is being narrowly interpreted by staff. She said during a recent Friday and Saturday night, she and her husband videotaped the activity at Ballyhoo's, which consisted of several intoxicated patrons in the parking lot. In addition, a drunk driver drove up in her yard, which raises several safety issues for the residents. She Minutes Regular Council Meeting October 11, 1994 Page 25 emphasized that some action needs to be taken in this case. Mr. Bray replied that from a zoning standpoint, it appears little action can be taken. However, he added, enforcement can be made more stringent, and there may also be regulatory ordinances which can be passed to govern large gathering places which are outside the alcohol context. He said the Police Department and staff are researching this case. Mrs. Albert questioned the application of other parts of the ordinance, and Mr. Bray responded that when an ordinance such as this one has been administratively enforced for this long, it is difficult to interpret the ordinance in other ways. Mr. Martin said staff should identify the establishments that have been approved with "B-1" zoning which have liquor licenses, and Mr. Garza said that investigation had begun. Mr. Martin said it should be determined if there are any other businesses zoned "B-1" besides Ballyhoo's where no one under 18 is not allowed. Mayor Rhodes called for Council concerns and reports. Council Member Cooper asked how other cities define bars, and Mr. Garza replied that staff is researching that issue. Mrs. Cooper also thanked the Sister City Committee for a recent reception they held for the delegation from Yokosuka, Japan. She said she held a Neighborhood Association meeting with residents from Brighton Village 3 and 4, and they are attempting to utilize the Adopt -A -Park Program, but a drainage problem exists there. In addition, a town hall meeting is scheduled for 6 p.m. October 12, 1994 at Elliot Grant Middle School. Council Member Noyola reported the existence of a dilapidated structure at Greenwood and Holly that has not yet been demolished, and he said there are high weeds on Holly from Ayers to Greenwood. Council Member Moss questioned the health insurance coverage of Citicare for city employees, stating that it should be the supplemental (rather than primary) insurance for employees 65 and over. He also asked for an update on the geographic information system, and questioned whether city employees, such as police officers, can participate in elections. Mr. Bray replied that police officers are not allowed to be in uniform or on duty when involved in campaigns, and city employees are prohibited from participating in city elections only. Council Member Longoria, referring to the previous discussion about Ballyhoo's, asked if the city could legally require the owner to allow all ages to enter. Mr. Bray said staff would investigate that aspect as well. Council Member Galindo addressed the ordinance pertaining to taxi cabs, and a Minutes Regular Council Meeting October 11, 1994 Page 26 brief discussion followed. Mr. Garza said staff is reviewing licensing of cabs with respect to insurance requirements. Mayor Rhodes called for petitions from the audience. Ms. Jessica Durkin, 4737 Willowick, asked about the status of Item 25 on the day's agenda, airport taxiway "F" extension, and the Mayor replied that it had been approved. Ms. Durkin asked if staff could discuss the issue with her, and Mr. Crull said he would do so after the meeting was adjourned. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:15 p.m. on October 11, 1994.