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HomeMy WebLinkAboutMinutes City Council - 11/29/1994I 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 November 29, 1994, which were approved by the City Council on December 13, 1994. WITNESSETH MY HAND AND SEAL, this 14th day SEAL Armando Chapa City Secretary ece er, 1994. qiCACTIMEr MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 29, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols 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 Dr. Scott R. Somers, St. John's United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Tara Steward. 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 November 22, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized Miss Lisette Solis, an 8th grade student at Incarnate Word Academy, who competed in the 67th Scribbs-Howard National Spelling Bee in Washington, D.C. for the second year. The Mayor also read a proclamation designating November 29, 1994 as Lisette Solis Day in Corpus Christi. Mayor Rhodes then recognized Mr. Robert F. Golightley, city employee from the Wastewater Department, who retired in the month of November. Minutes Regular Council Meeting November 29, 1994 Page 2 Mayor Rhodes opened discussion on Item 2, a presentation by Mr. Michael Webb, Chairman of the Harbor Lights Festival on December 3, 1994. Mr. Webb noted that the festival has become very popular over the last 14 years, and he described some of the ways that it has been improved this year, including routing the Harbor Lights Parade down Chaparral Street to highlight the downtown merchants. He added that Snoopy will be on hand to light the Christmas Tree; the Columbus Fleet replica, the Nina, will join in the Illuminated Boat Parade; and there will be a fireworks display sponsored by Southwest Airlines. Mayor Rhodes opened discussion on Item 3, a presentation by the Air Service Task Force of the Corpus Christi Bay Area Business Alliance. Mr. Jerry Kane, Chairman of the Air Service Task Force, described the task force's recent efforts to retain jet service in Corpus Christi through discussions with Continental Airlines and American Airlines. He said the task force determined that an awareness campaign was needed to convince the public to utilize the jet service of those two airlines, thereby ensuring their continued presence in Corpus Christi. He said $25,000 was needed to kick off the advertising campaign. Mayor Rhodes stated that investing in jet services is very important to the city's economic outlook because it affects whether the city can attract future conventions and businesses. Responding to Council Member Best, Mr. Kane said that one of the facets of the ad campaign will be to encourage citizens to request jet service when they purchase airline tickets. He added that the purpose is not to totally disregard the services provided by propeller planes, but to better utilize both services and make jet service more viable, both for the airlines and for the consumers. Council Member Cooper stated that it is more convenient to use jet service, and added her support of the task force's efforts. In response to Council Member Moss, Mr. Kane said that American Airlines flies three jets and five non -jet airplanes into and out of Corpus Christi. He noted that many tourists complain that they have to fly non -jet planes into the city. Mayor Rhodes directed staff to prepare a proposal for the next Council meeting to help fund the pro -jets public awareness campaign. Minutes Regular Council Meeting November 29, 1994 Page 3 Mayor Rhodes opened discussion on Items 4.a. and 4.b. regarding the industrial district contracts. Mr. Tom Utter, Group Manager for Development Services, explained that after the first reading of the proposed industrial district contracts on November 15, 1994, staff met with industry representatives on November 21 and, based on their input, changes were made to the original proposal, which he outlined. Responding to Council Member McNichols, Mr. Utter said that the residential buy- out program being proposed would involve having a governmental entity (not the city) actually undertake the buy-out, with all costs being paid for by industry. Council Member Moss read from a letter from Berry Contracting objecting to the wording of the buy local provision. Mr. Utter replied that staff feels the proposed revised provision gives the staff enough latitude to investigate complaints if they arise. He said if an industry violates the buy local provision, they are in breach of their contract with the city. Council Member Longoria asked if other industrial district contracts around the state contained buy local provisions, and Mr. Utter said he did not believe they did. Council Member Galindo also asked about the buy local provision, and City Manager Garza stated that staff wanted to ensure that the provision did not create a burdensome bureaucratic process, but did allow for enforcement of the provision. In response to Council Member Best, Mr. Utter explained how the city could annex an industry in the district for non-compliance with the contract. Council Member Martin discussed the buy local provision and the concept of parity. Dr. McNichols said that as a total package, he felt the industrial district agreement was sound, although he was wary of the buy local provision. Mayor Rhodes called for comments from the audience. Mr. Kirk Weinert, Vice President of the Coastal States Management Corporation, representing Coastal Refining and Marketing, said his company felt the proposed industrial district contract was satisfactory, although he expressed concern about the increase in taxes from 50 percent to 60 percent and other items. He thanked city staff for their cooperation. Mr. J.E. O'Brien, 4130 Pompano, said the industrial districts were originally formed in the early 1980s as part of an agreement with the Taxpayers Association. He said despite concerns about increasing the contract to a 10 -year period, the Executive Board of the Taxpayers Association had recently voted to support the proposed contract. Two main reasons for their approval were that there would be no exemption for the pollution - control equipment, and that industry would support the buy out and clean up of Minutes Regular Council Meeting November 29, 1994 Page 4 contaminated areas. Mr. Jim Dahse, representing Occidental, which has industrial district contracts in five other jurisdictions in Texas, said his company felt the contract was reasonable and he thanked staff. He noted that none of his company's other contracts contain buy local provisions. Responding to Mr. Moss, he said Occidental's Corpus Christi plant is located in CalaIlen. Referring to Mr. O'Brien's comments, Dr. Best said that the Taxpayers Association's proposed recall election of the Council in 1980 was not withdrawn because of the industrial district agreement, but rather because Dr. Best sued the Taxpayers Association. Mr. O'Brien replied that he would provide a copy of the agreement signed by Former Mayor Luther Jones establishing the industrial district. City Secretary Chapa polled the Council for their votes as follows: 4.a. M94-306 Motion to amend, prior to second reading, the ordinance amending Ordinance No. 15898. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 4.b. ORDINANCE NO. 022092 Amending Ordinance No. 15898, as amended, authorizing the designation of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas, as industrial districts; reserving and preserving all rights, powers and duties of the City Council; and providing for a savings clause. The foregoing ordinance passed, as amended, on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 5 regarding renovations at the Corpus Christi International Airport. City Manager Garza stated that he realized the Council needed to formally approve the plan to renovate the airport terminal, and he will bring that item before the Council at the next meeting December 13, 1994. As a result, the items for action dealing with the airport on the day's agenda would need to be postponed. Mayor Rhodes and Council Member Martin suggested that the presentation on the plan be postponed until the next Minutes Regular Council Meeting November 29, 1994 Page 5 meeting as well. 6. POSTPONED 7. POSTPONED Mayor Rhodes opened discussion on Items 8.a., 8.b., and 8.c., issuance of certificates of obligation (CO's) relating to the Columbus Fleet and improvements to the Bayfront Arts and Sciences Park. City Manager Garza noted that the Council had previously heard the presentation on the Columbus Fleet and the expansion to the Corpus Christi Museum of Science and History, and he felt the Council should hear the presentation on the energy saving project for the Convention Center Complex before they voted on the certificates of obligation for both. Council Member McNichols said that combining the certificates of obligation for both the thermal energy project and the Columbus Fleet/museum improvements creates a problem for Council members who support one project but oppose the other one. Mr. Garza replied that the CO's were combined in order to pay only one issuance cost. Mr. Robert Shackelford, Director of Engineering Services, gave a presentation, using illustrations and graphs, on the proposed thermal energy project. He explained that the project will enhance the heating and cooling systems in all five of the facilities at the Bayfront Arts and Sciences Park, and result in substantial reductions in operating costs in the future. He described the energy systems currently in use and those being proposed, which were the result of a feasibility study conducted by city staff, Central Power and Light (CPL), and BMW Engineering Inc. Council Member Martin noted that the location of the above -ground thermal energy storage tank should not interfere with any future expansion of the Bayfront Plaza or the inclusion of a sports facility. Responding to Council Member Best, Mr. Shackelford explained that the Minutes Regular Council Meeting November 29, 1994 Page 6 heating/cooling system at the Art Museum of South Texas needed to be replaced very soon, and the system at the Convention Center needs to be replaced because its refrigerant must be approved by the Environmental Protection Agency. Mr. Shackelford and Mr. Ron Wheaton of BMW Engineering also described why it will be more cost- effective to install the thermal energy system at one time rather than to replace the components one by one as needed. Upon verification from Mr. Shackelford, Council Member Moss noted that the proposed system is essentially the same as that being used at Texas A&M University campuses in Corpus Christi and College Station and at Del Mar College. Mr. Shackelford further described the efficiency of the energy system and the rebates that would be given by CPL. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, expressed concern about issuing CO's and said the proposal should be placed before the voters. Dr. McNichols noted that several years ago a certain amount of the income from the Corpus Christi Area Convention and Tourist Bureau's hotel and motel tax was pledged to back the CO's for the Lexington Museum on the Bay. He said the current proposal removes that guarantee from the Lexington and transfers it to the Columbus fleet and the energy program, which he called a breach of contract with the community. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 022093 Resolution directing publication of Notice of Intention to issue Certificates of Obligation, Series 1994; and resolving other matters relating to the subject. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No." 8.b. RESOLUTION NO. 022094 Resolution expressing official intent to reimburse costs of acquisition and installation of energy efficient improvements to the Bayfront Complex and costs of facilities to house the Historical Columbus Ship Replicas, the Nina, Pinta, and Santa Maria, for display adjacent to and in conjunction with the Corpus Christi Museum of Science and History. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting Minutes Regular Council Meeting November 29, 1994 Page 7 "No." 8.c. M94 307 Motion awarding a contract for engineering services to BMW Engineering, Inc., for a Thermal Energy Storage System at the Bayfront Arts & Sciences Park in the amount of $104,500. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No." Mayor Rhodes opened discussion on Item 9, speed limit reduction on Ocean Drive. Council Member Best asked if staff could provide the Council with information about agenda items before the press does so that Council members can better address the media's questions. City Manager Garza suggested that staff review proposals made by various city advisory committees, and furnish the Council with some of that information. A discussion ensued regarding the public's right to know and the process of informing the Council members. Mr. David Seiler, City Traffic Engineer, explained that staff is recommending the speed limit on Ocean Drive be decreased from 45 miles per hour (MPH) to 40 MPH between Rossiter and Airline Road to establish a continuous and uniform 40 MPH speed limit from Louisiana Parkway to Airline Road. He said the purpose is to make Ocean Drive more "user friendly" for commuters, casual motorists, joggers and bicyclists. Using graphs and maps, he described traffic volume and traffic accident experience on Ocean Drive, as well as plans for the Bay Trail. Responding to Council Member Moss, Mr. Seiler said the lower speed limit should actually help with the coordination pattern of the traffic signals. Council Member Martin asked what prompted the speed limit proposal, and Mr. Seiler said it was not due to public pressure but rather due to the amount of accidents on Ocean Drive and the increase of non -vehicular traffic in that area. In response to Council Member McNichols, Mr. Seiler said he had not studied the number of accidents that have occurred at the intersection of Robert and Ocean Drive, but he did say that approximately two-thirds of the accidents on Ocean Drive are mid - block and not intersection accidents. He added that lowering the speed limit by 5 MPH in that section will not be a panacea, but it will have some positive effect. Council Member Noyola emphasized that the key to success will be enforcing the Minutes Regular Council Meeting November 29, 1994 Page 8 lowering of the Ocean Drive speed limit, and he suggested that a report on the number of speeding tickets issued in that area be provided in six months. Mayor Rhodes called for comments from the audience. Mr. R.F. Hasker, 1813 Wallace, said he has not witnessed excessive speeding on Ocean Drive, and he criticized the stop signs and speed bumps on Aberdeen. Mr. Leon Perez, 904 Buford, also criticized the travel pattern on Aberdeen and the proposed Ocean Drive speed reduction. City Secretary Chapa polled the Council for their votes as follows: 9. FIRST READING ORDINANCE Amending Code of Ordinances, Chapter 53 - Traffic, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by reducing the speed limit on Ocean Drive between a point 400 feet south of Rossiter Street to Airline Road from 45 MPH to 40 MPH. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin and Noyola voting "No." Mayor Rhodes opened discussion on Item 10, reenactment of Central Power and Light (CPL) rate ordinance. She noted that there was an amendment in Section 4 of the proposed ordinance, changing the name listed from "James 0. Bryant" to "Raymond Hasker." The Mayor then made a motion to make that name change, it was seconded and passed unanimously. City Manager Garza said he put this item back on the agenda on his authority for the following reasons: it provides for a retroactive rate reduction (if one is approved) to June 15, 1994; the reenactment is strongly recommended not only by the City Attorney but also by the city's professional rate counselors and by the Assistant General Counsel of the Public Utilities Commission (PUC); there is no adverse risk to taking the proposed action, which, if not taken, could result in the city's ratepayers losing out on a rate reduction. Mayor Rhodes stated that it was appropriate for the City Manager to place the item back on the agenda because the full Council was not present when the item was first considered on November 15, 1994. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting November 29, 1994 Page 9 Mr. Glynn Pugh, an attorney representing Mr. Raymond Hasker, said Mr. Hasker should be described in the proposed ordinance as a "petitioner" rather than an "intervenor." Mr. Pugh objected to the portion of the ordinance which says the city has agreed to a procedure for Docket No. 12820 of the PUC, arguing that it does not address mismanagement of the South Texas Project (STP) nuclear plant. Mr. Pugh also argued that the proposed ordinance was not necessary because Section 26(g)(3) of the Public Utility Regulatory Act specifically authorizes the PUC --in the case of interim rates --to set uniform, system -wide rates. He questioned the number of other cities in CPL's service area which adopted ordinances reenacting their rate reduction ordinances. He said if Council members vote in favor of the proposed ordinance, they would be delaying the rate refunds based on mismanagement which he is trying to obtain, and he urged the Council not to approve the ordinance. Mr. R.F. Hasker, 1813 Wallace, criticized the fees being paid to the cities' professional rate counselors, adding that his attorney, Mr. Pugh, was not being compensated. He also urged the Council to reject the proposal. Mr. J.E. O'Brien, 4130 Pompano, said he felt CPL has damaged its credibility in the community concerning this rate case. He also expressed concern about approval of the proposed ordinance. Council Member Moss asked why CPL is not seeking reimbursement from Houston Light and Power for mismanagement of the STP. Mr. Larry Jones, a CPL spokesman, said CPL has reserved the right to seek litigation against Houston Light and Power. He explained that during STP's outage, CPL felt it was more appropriate to support the project manager in getting the units running again, and to support the plant in continued operation. He added that during the outage, CPL absorbed those costs and found substitutes for the needed electricity at that time. Mr. Jones also noted that CPL will be monitoring that litigation. Referring to comments made by Mr. Pugh, Mr. Jones explained why the rate reduction case was initiated. He also encouraged the Council to approve the proposed reenactment ordinance on a procedural basis. Responding to Council Member Galindo, City Attorney Bray maintained that there are three different proceedings at the present time, and the one the city is concerned with is the rate case. He said the issue of imprudence and mismanagement has been removed into separate proceedings for consideration, but there are still substantial issues connected with the STP outage that are involved with the rate case. He went on to explain the procedural basis of the proposed ordinance, and emphasized that a rate reduction arising out of this rate case would be retroactive if adopted, which is the agreement the city has. Mr. Galindo questioned the number of cities which have reenacted similar rate Minutes Regular Council Meeting November 29, 1994 Page 10 reduction ordinances, and Mr. Jones replied that there are only two or three cities which have not taken that action, while a number of them had been asked by CPL to do so. Mr. Galindo said he did not support the reenactment of the ordinance because he did not want a rate reduction to be delayed. He said the city should wait until Mr. Pugh's appeal has been considered. Mr. Jones said that the reenactment of the ordinance would ensure that Corpus Christi ratepayers receive a rate reduction if one is approved. In addition, the PUC may or may not take some further action with regard to the imprudence and mismanagement issues. Council Member Martin pointed out that the PUC is not the city's nor CPL's representative, and it was significant that Mr. Russell Trifovesti, Assistant General Counsel of the PUC, wrote in a letter that "unless Corpus Christi enters a superseding ordinance, there is some risk that the Commission will not be able to maintain system- wide rates, and that CPL's current rates may become permanent in Corpus Christi." Mr. Martin went on to quote Mr. Trifovesti, saying he urged the city to enter a superseding ordinance as soon as possible. Mr. Martin added that several other experts made the same recommendation, and there is no harm in adopting the ordinance. Mayor Rhodes said she agreed with Mr. Martin's comments. She added that it was the Council members' responsibility to take the best advice of the experts on this issue. Council Member Longoria expressed her support of the proposal. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE Ordinance of the City of Corpus Christi, Texas, finding after reasonable notice and hearing, that the existing rates of Central Power and Light Company are unreasonable; re -determining just and reasonable rates to be observed and in force within the City; reordering rate reductions; ordering that this ordinance be served on Central Power and Light Company; preserving regulatory rights of the City; and providing for repeal of conflicting ordinances. The foregoing ordinance passed, as amended, on first reading by the following vote: Rhodes, Best, Longoria, Martin, McNichols, and Moss voting "Aye"; Cooper, Galindo, and Noyola voting "No." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 17, and Council Members requested that Items 11, 14, and 17 be withheld for discussion. The Mayor added that Minutes Regular Council Meeting November 29, 1994 Page 11 Item 16 would be considered on two readings rather than as an emergency. City Secretary Chapa polled the Council for their votes and the following were passed: 12. M94-308 Motion approving a supply agreement for approximately 72 tons of liquid cationic polymer (100% basis) in accordance with Bid Invitation No. BI -0050-95 with Citi - Chem, Inc., Cherry Hill, N.J., based on the lowest total cost of $160,560. The term of the contract will be twelve months subject to the approval of the supplier and the City Manager or his designee. This chemical is used by the Water Department for the treatment of our water supply and funds have been budgeted for FY 1994- 95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 13. M94 309 Motion awarding a contract in the amount of $53,989.30 to Quality Machine and Equipment Company for pump and motor rehabilitation at the O.N. Stevens Water Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15.a. RESOLUTION NO. 022095 Lot 9, Block 3, E.A. Mussett Addition, City of Corpus Christi, Nueces County, Texas (1405 Caldwell Street); prospective buyer is Danny Lopez; amount offered is $4,500. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15.b. RESOLUTION NO. 022096 Lot 42, Block 2, Washington Addition, City of Corpus Christi, Nueces County, Texas (942 National); prospective buyer is Ventura Morales; amount offered is $3,000. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Council Meeting November 29, 1994 Page 12 15.c. RESOLUTION NO. 022097 Blocks B and C, Tract A, Lot 5, Lokey Subdivision, City of Corpus Christi, Nueces County, Texas; prospective buyer is Mr. and Mrs. Patrick Nolan; amount offered is $13,000. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 15.d. RESOLUTION NO. 022098 Lot 13, Block 11, Arcadia Subdivision, City of Corpus Christi, Nueces County, Texas (1250 Tyler Street); prospective buyer is Mr. Bill Lipman; amount offered is $11,150. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. 16. FIRST READING ORDINANCE Ordinance regarding regulation of rates charged by TCI Cablevision of Texas, Inc. for basic cable service and related equipment; and approving or permitting certain rates and charges. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened discussion on Item 11, Alternate Daily Cover (ADC) at the Elliott Landfill. Council Member Martin questioned financial aspects of the proposed purchase of an ADC machine and materials. City Manager Garza and Group Manager Utter said they would provide financial information and bring the item back for consideration at a later time. Responding to Council Member McNichols, Mr. Utter briefly described the reason for purchasing the ADC machine and materials. Dr. McNichols asked if it was possible to use Corps of Engineers dredge material for the landfill. Mr. Utter responded that most dredge material is silty and often is wet, while dry dredge material is not a feasible daily cover. Mr. Martin pointed out that the cost comes from transporting the material. Minutes Regular Council Meeting November 29, 1994 Page 13 11. POSTPONED Mayor Rhodes opened discussion on Item 14, Police Department settlement agreement. Responding to Council Member McNichols, City Manager Garza explained that the settlement agreement specifies that U.S. West Communications Services Inc. will pay the city $375,000, and the city will pay U.S. West $169,850 for police equipment received. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Amending Ordinance No. 021997 which adopted the FY 1994-95 Budget to increase appropriations by $169,850 in the Police Department to fund the terms of the Settlement Agreement executed between the City of Corpus and U.S. West Communication. 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 opened discussion on Item 17, amendments to the Fire Prevention Code. Council Member Galindo asked if the amendments dealt with the above -ground storage tanks, and City Manager Garza said the issue of the tanks would be brought before the Council in the near future. Fire Chief J.J. Adame added that the amendments currently before the Council are essentially updates that occur approximately every three years; they also bring the city into compliance with the Building Code. Minutes Regular Council Meeting November 29, 1994 Page 14 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Amending Chapter 18, Fire Prevention Code, Article I, General, of the City Code of Ordinances by adoption of the SBCCI Standard Fire Prevention Code, 1994 Edition; providing for additions, deletions, and changes to said Code; repealing all previous provisions of Article I; providing a savings clause; providing for penalties; providing for publication; and providing for an effective date of January 1, 1995. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye" Referring to the previous discussion on Item 14, Council Member Martin asked if the $375,000 settlement with U.S. West Communications Services Inc. was a net settlement for the Municipal Court computer system, and City Attorney Bray stated that it was. City Manager Garza explained that the $169,850 the city owed for police equipment received would be reflected as an expenditure. He added that even though the $169,850 had originally been appropriated for Police Department equipment, that appropriation lapsed in the Law Enforcement Trust Account because it is not a capital improvement fund in which the appropriation continues from one year to the next. Mr. Martin said the Council needed to be informed of changes in funding that occur. Mayor Rhodes called for the City Manager's report. Mr. Garza said that items planned for the December 13, 1994 meeting include: a presentation by the Sports Authority, a presentation on the storm water utility, amendments to the Transportation Plan, an ordinance amending the Dune Protection and Beach Access Plan, and an ordinance amending the Code for beachfront management and construction. Mayor Rhodes called for Council concerns and reports. Council Member Galindo asked for an update on the landfill cover. Council Member Noyola said he had received several calls regarding people blowing grass cuttings into the storm sewers, and requested that some action be taken. Council Member Cooper said she would host a town hall meeting on December 5, 1994 at 6 p.m. at Elliott Grant Middle School. Minutes Regular Council Meeting November 29, 1994 Page 15 Council Member McNichols noted that Airline Road between Alameda and Ocean Drive has several pavement problems. He also said he had received several complaints of disturbances at Ballyhoo's Sports Bar in Cullen Mall, and asked if some action could be taken, such as increased police enforcement. Council Member Moss asked for an update on the new municipal golf course, and Mr. Garza said he understood that contracts for the acquisition of the land were being finalized and he would provide more information. Council Member Martin pointed out that the Council receives criticism about the timeliness of completing certain projects, such as the outlet mall/golf course, and even though the Council has taken every action it could, the project is delayed for other reasons. Mayor Rhodes called for petitions from the audience. Mr. Harry Williams, 4510 Haverhill, described in detail many problems he had encountered in trying to have a piece of his property rezoned. He said after spending five months and $1,398, his zoning request has still not been granted. He noted that the Council had rejected his original zoning request, and he went before the Zoning Board of Adjustments, which approved the request with the stipulation that he replat three properties as one, which he had tried to do but was unsuccessful for different reasons. Mayor Rhodes directed City Manager Garza to assign a staff member to Mr. Williams' zoning case to expedite the situation, and Council Member Best asked staff to give a report at the next Council meeting. Council Member Martin questioned the requirement of having three lots being replatted as one. Group Manager Utter replied that the reason the zoning and platting are tied together is that when Mr. Williams went before the Zoning Board of Adjustments, the board said the particular provision Mr. Williams was following pertains to one lot; as a result, the three lots needed to be replatted as one lot. Mr. Utter added that there is a provision in the Zoning Code that says if a person owns a piece of property that has two different zonings, the person can have the property rezoned as either of the two zonings, which Mr. Williams attempted to do. Council Member Moss said he agreed that action needed to be taken on Mr. Williams' zoning case, and he commented on the complexity of other zoning cases. Mr. Garza agreed that zoning cases can be complicated, adding that the Planning Department and staff expedite cases to the extent they can. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:00 p.m. on November 29, 1994.