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HomeMy WebLinkAboutMinutes City Council - 01/10/1995I 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 January 10, 1995, which were approved by the City Council on January 17, 1995. WITNESSETH MY HAND AND SEAL, this 18th day of January, 1995. Armando Chapa City Secretary SEAL MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 10, 1995 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 Rev. Ned Bowersox, Church of the Good Shepherd Episcopal, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 December 20, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes recognized the employees retiring from the City in the month of January 1995: Ms. Lottie M. Stowe, Stores Supervisor for Purchasing Warehouse, 36 years of service; Mr. Celestino Cisneros, Senior Street Foreman I for the Street Department, 39 years; Francisco Garcia, Tradeshelper for the Wastewater Department, 18 years, who was unable to attend the Council meeting. Mayor Rhodes opened discussion on Item 2, a presentation by the Corpus Christi Barracudas baseball team. The Mayor noted that while the team was extremely successful last season and has brought much positive publicity to the city, they also Minutes Regular Council Meeting January 10, 1995 Page 2 spend a lot of time visiting and motivating young people throughout the community. Mr. Michael Schiff, General Manager of the Barracudas, thanked the fans, sponsors, the city, and Corpus Christi Independent School District (CCISD) for their support. He said they look forward to an even better season beginning this spring. Mr. Mark Wasinger, Manager of the Barracudas, also thanked the fans and the city, noting that often, minor league players in other cities are not treated as warmly as the Barracudas players have been. Mr. Jack Lazorko, Director of Baseball Operations for the Texas -Louisiana League, said Corpus Christi has been receiving much publicity around the country because of the Barracudas' success. He presented Mayor Rhodes and the Council with a replica of the Barracudas' 1994 Texas -Louisiana League championship trophy. Council Member Martin asked City Manager Garza to meet with representatives from CCISD and the Barracudas regarding ways to upgrade Cabaniss Field, where the team plays. Police Chief Henry Garrett gave a presentation on the annual crime statistics. He reported that in 1994 the city had the lowest homicide rate in 31 years, and the lowest burglary rate in 20 years. He cited the decrease in burglaries to the approximately 1,400 Neighborhood Watch programs throughout the city. The Police Chief also said there was a 10% decrease in the number of rapes from 1993, and a 3% decrease in robberies. Unfortunately, Chief Garrett continued, there was a 14% increase in aggravated assaults and a 2.5% increase in thefts. Contributing to those increases were the problems with juvenile delinquency. The recent establishment of the daytime curfew and increased vigilance against gang activity should help curb that problem, said the Chief. Regarding traffic accidents, the number of accidents increased slightly from 1993 to 1994, while the number of fatalities decreased by 33%; of the 20 fatalities, 11 were alcohol-related. City Manager Garza said a major contributing factor to the lowered crime statistics was the increases the Police Department had received over the last few years, including more computers, police cars, and personnel (uniform and non-uniform). Chief Garrett added that 1994 saw the lowest number of police vehicle accidents since 1974, despite having logged over five million miles last year. Mayor Rhodes recessed the Council meeting to conduct the meeting of the Workforce Development Executive Committee. • Minutes Regular Council Meeting January 10, 1995 Page 3 Mayor Rhodes reconvened the Council meeting. Mayor Rhodes opened discussion on Item 5, factory outlet annexation. Mr. Tom Utter, Group Manager for Development Services, said the day's action was to authorize staff the schedule the public hearings regarding the land annexation. Responding to Council Member Galindo, Mr. Utter showed a map illustrating the 64 -acre site of the factory outlet center. He added that the annexation would not affect any other property owners in the area. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M95-001 Motion authorizing staff to schedule the public hearings to pursue annexation of: a 64 -acre tract, more or less, being a portion of the grant to Gregorio Farias, Abstract Number 592; being also described as a portion of Tract 3 as described in the Warranty Deed to Garnett T. Brooks and Patsy A. Brooks, from Star Holding Company, Inc. as recorded in volume 1754 at pages 634 through 640, inclusive, of the Deed Records of Nueces County, Texas; and a 6500 lineal feet segment containing 57 acres of I.H. 37 right-of-way, for a total of 121 acres. 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 Items 6.a. and 6.b., Bay Trail Project. Mr. Carl Crull, Group Manager for Public Works and Utilities, said the Bay Trail Project is part of the Statewide Transportation Enhancement Program, and the local matching funds are a combination of funds from Texas A&M University -Corpus Christi and the park bond fund. Upon verification from Mr. Crull, Council Member Cooper noted that the funds from the state program were highly sought after and the Bay Trail Project was tied for third in priority of funding. Mr. Crull added that the project should be started in the early summer of 1995. Responding to Council Member Moss, Mr. Crull said that the project had been Minutes Regular Council Meeting January 10, 1995 Page 4 awaiting the finalization of an agreement with the Texas Department of Transportation. City Manager Garza noted that there is an ongoing debate about the future of development on Ocean Drive which could affect the timing of the Bay Trail Project. Council Member Martin asked if the city's portion of the local match ($167,000) would be in-kind services, and Mr. Crull replied that part of it would be in-kind and part of it would be cash. Since a majority of the Bay Trail Project falls in District 4, Council Member McNichols asked staff to keep him informed about plans for the project. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.a. ORDINANCE NO. 022125 Ordinance appropriating $200,000 from Texas A&M University -Corpus Christi for the Bay Trail Project as the University's share of the local match for the first and future phases of the project; and amending Ordinance No. 022076 which adopted the FY 1994-95 Capital Budget to add $200,000 to the No. 291 Park Capital Improvement Fund. 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." 6.b. M95-002 Motion authorizing the City Manager to execute an agreement with the Texas Department of Transportation (TXDOT) setting forth the responsibilities of the parties relative to Phase 1 of the Bay Trail, and authorizing $80,000 to be escrowed with TXDOT as the local share of the project. 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 7, Columbus Fleet Shipyard and Seaport roadway modifications. Group Manager Crull explained that the proposal was the first phase of a four- phase project to locate the Columbus Fleet adjacent to the Corpus Christi Museum of Minutes Regular Council Meeting January 10, 1995 Page 5 Science and History. The proposal entails building a roadway between the Water Garden and the museum to provide access to the Corps of Engineers building. He said the plans for the next phase of construction are scheduled to be completed on January 20, 1995, in anticipation of the tourist season beginning on May 15. The funding came from previously approved certificates of obligation. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M95-003 Motion awarding a contract in the amount of $142,405.25 to Mendez Construction Company for necessary roadway modifications in preparation of the construction of the Columbus Fleet Shipyard and Seaport exhibit adjacent to the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." Mayor Rhodes opened discussion on Item 8, lease from the Port of Corpus Christi to the city for the Columbus Fleet display. Group Manager Crull said the Port of Corpus Christi Authority owns a .48 -acre site which the city had previously leased for park purposes. The proposal was for a new lease that would be effective from January 10, 1995 through July 31, 2015, and the area would be developed as the docking facilities for the Nina and the Pinta, as well as a water taxi. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 022126 Ordinance authorizing the City Manager to execute on behalf of the City of Corpus Christi lease agreement with the Port of Corpus Christi Authority of Nueces County, Texas, whereby the City leases from the Port Authority .48 acres of land, more or less near the Corpus Christi Museum of Science and History, permitting subleasing of the premises to the Las Carabelas Columbus Fleet Association for Museum display of the Columbus Ship Replicas, a substantial copy of which is attached as Exhibit A; providing for severability. Minutes Regular Council Meeting January 10, 1995 Page 6 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." Mayor Rhodes opened discussion on Items 9.a. and 9.b., adopting the FY 1995 Consolidated Plan timetable and Citizens Participation Plan. Responding to Council Member Martin, Group Manager Utter explained that this year the Housing and Urban Development (HUD) changed the federal regulations which required that the city have a consolidated plan consisting of not only the Community Development Block Grant (CDBG) funds but also the HOME funds and the Emergency Shelter Grant funds. So instead of having CDBG funds of $5.3 million, there will be a block grant of over $7 million. He said the total amount of funds that the city will be receiving is approximately $88,000 less than last year; the Emergency Shelter Grant funds can only be used for emergency shelters, and the HOME funds only for those HOME fund activities. Mr. Martin pointed out that the different fund activities should be clearly stated as the information is disseminated to the public. In response to Council Member Cooper, Mr. Utter said the public hearing dates are published in the legal notices section of the Corpus Christi Caller -Times and in the agendas of the City Council and the Planning Commission. The neighborhood meetings are publicized through neighborhood and community organizations. Council Member McNichols reiterated that even though the HOME funds are part of the overall CDBG program, they are designated specifically for HOME projects that meet certain criteria. Mayor Rhodes called for comments from the audience. Mr. Phil Rosenstein, 949 Bobalo, expressed concern that the changes in the program would entail more competition for funding, and Mayor Rhodes stated that the funding process was not changing. City Secretary Chapa polled the Council for their votes as follows: 9.a. M95-004 Motion adopting the timetable for the FY 95 Consolidated Plan that is now a single planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants Minutes Regular Council Meeting January 10, 1995 Page 7 (ESG) Programs. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 9.b. M95-005 Motion adopting the Updated Citizens Participation Plan to include new requirements and language that refer to CDBG, HOME and ESG citizens participation objectives. 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. 1194-2, Dave Chappell: A change of zoning from "RE" Residential Estate District to "B-3" Business District on 0.69 acre out of Lot 8, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 500 feet south of S. Padre Island Drive and 1,530 feet west of Flour Bluff Drive. Mayor Rhodes said 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 McNichols, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022127 Amending the Zoning Ordinance upon application by Dave Chappell, by changing the Zoning Map in reference to 0.69 acre out of Lot 8, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, from "RE" Residential Estate District to "B-3" Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Martin, McNichols, Moss, and Noyola voting "Aye"; Longoria absent. Minutes Regular Council Meeting January 10, 1995 Page 8 Mayor Rhodes opened the public hearing on the following zoning case: 11. Case No. 1194-3, Albertson's. Inc.: A change of zoning from "A-1" Apartment House District and "B-1" Neighborhood Business District with a Special Permit to "B-4" General Business District on Casa Linda Estates Unit 4, Block 10, Lots 1 through 5, Block A, Lot 2, and Block AR, located along S. Staples Street, Kostoryz Road and Orlando Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member Galindo made a motion to close the public hearing, seconded by Council Member Moss, and passed unanimously. Council Member Martin asked why staff had not recommended rezoning the subject property "B-1" with a special permit rather than rezoning it to "B-4." Group Manager Utter said that a special permit was possible. Mr. Martin pointed out that the applicant, Albertson's Inc., was not obligated to build the store as illustrated on the site plan. He added that even though the applicant had not indicated that driveways would be built off Orlando Drive, under the "B-4" zoning, the plan could be changed and those driveways would be permitted. Mr. Martin also asked how staff decides to recommend either "B-3" or "8-4" zoning. Mr. Brandol Harvey, Director of Planning and Development, said the primary difference is the existing land uses, which include residential. He said staff felt that the presence of existing residential properties in this case warranted the use of the "3-4" zoning. A discussion ensued regarding rezoning the property to "B-4" while ensuring that no driveways would be built off of Orlando Drive, and a representative from Albertson's said they would be agreeable to that requirement. Mr. Martin made a motion directing staff to require that no driveways be allowed along Orlando Drive to the Albertson's, Inc. property, located along South Staples Street and Kostoryz Road, as part of their platting process; seconded by Council Member Noyola, and passed unanimously. (M95-015) City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022128 Amending the Zoning Ordinance upon application by Albertson's, Inc. by changing the Zoning Map in reference to Casa Linda Estates Unit 4, Block 10, Lots 1 through 5, Block A, Lot 2, and Block AR, from "A-1" Apartment House District and "13-1" Neighborhood Business District with a Special Permit to "B-4" General Minutes Regular Council Meeting January 10, 1995 Page 9 Business District; providing for publication. 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 opened the public hearing on the following zoning case: 12. Case No. 1194-4, Pete Cicacci: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Port Aransas Cliffs, Block 812, south five (5) feet of Lot 63, all of Lot 64 and a 70 foot by 100 foot portion out of the formerly Minnesota Avenue right-of-way, located on the northeast corner of S. Alameda Street and Texan Trail. Mayor Rhodes said the Planning Commission and staff recommended denial. Group Manager Utter pointed out that this case fell under the 20% rule, meaning that landowners representing a minimum of 20% of the property within the 200 -foot notification area are opposed to the proposed zoning change; therefore, it would require seven affirmative votes to pass. Mr. Harvey showed a video of the subject property, located on the corner of South Alameda Street and Texan Trail. Council Member McNichols pointed out that residences backed up to the subject property along Topeka Street, which runs parallel to Alameda. Mayor Rhodes asked why the Planning Commission and staff recommended denial, and Mr. Harvey replied that in this case, the "AB" Professional Office District zoning had remained consistent along that portion of Alameda, and the zoning request was for "3-1" Neighborhood Business District. Mr. Harvey added that there was much discussion about the possibility of a special permit, but it was felt that there was no need to interject non-residential, non-professional office uses on that side of Alameda Street at this time. The Mayor asked if there was any opposition to the zoning change. Dr. Joseph Wright, whose medical offices at 3302 S. Alameda are located across Texan Trail from the subject property, cited several reasons for opposing the zoning change, including the present "AB" zoning, the fact that residences are located behind the subject property, and the increase of traffic that would result. Mr. Javier Chapa, representing Dr. Nabil Elmilady, said they strongly opposed the proposed zoning change because they felt it would have a detrimental effect on that Minutes Regular Council Meeting January 10, 1995 Page 10 portion of Alameda Street through increased traffic, litter and inconvenience to Dr. Elmilady's patients. Council Member Galindo questioned the concern of increased traffic, saying the applicant would merely be taking advantage of the traffic that is already present in that area. Mr. Chapa noted that across Alameda and a little further down the street there is a "strip" shopping center, which he said would be a more appropriate location for the applicant's restaurant. Council Member McNichols said that the Whataburger restaurant located on Texan Trail across the street from Doctors Regional Medical Center is different from the applicant's proposed restaurant across the street on Alameda because there are no residences immediately adjoining it and traffic can be diffused more easily. Referring to a comment by Mr. Galindo, Mr. Harvey said that a restaurant in particular would generate slightly more traffic than a professional office over the entire day, but it has peaks in the morning, at lunch and during the rush hour at 5 p.m., and it is those peaks of traffic that create more impact. In response to Council Member Cooper, Mr. Harvey said the applicant would have agreed to a special permit, but the Planning Commission did not feel that a special permit would resolve the primary issues. Council Member Martin urged the Council to study the zoning map of that area, pointing out that, within a certain area, there are no commercial uses of properties located on the same side of Alameda as the subject property. He said the presence of the professional office district zoning in that area has successfully acted as a buffer for the adjacent residences. Mr. Martin emphasized that he did not oppose the applicant's proposed use of the property as a restaurant; just that there were other locations where it belonged. Ms. Marie Lollar, 3251 Topeka, a resident there for 40 years, said the proposal would downgrade the price of the residences on Topeka and nearby streets. She noted that her house is behind and three doors down from the subject property, adding that other residences would have been present at the day's meeting to oppose the zoning change if they did not have to work. Ms. Alice Peavy, 3250 Topeka, also opposed the zoning change because of the congested traffic, and the need to preserve the professional office district there. Mayor Rhodes asked the applicant, Mr. Pete Cicacci, to speak. He said the small cafe he would like to build on Alameda would serve muffins and other baked goods and gourmet coffees that would be available for take-out and delivery to the hospital patients and office professionals in the area. He added that the cafe would have a positive impact on the area, and would not adversely affect traffic. The Mayor asked Mr. Cicacci if he would accept a special permit, and he said he would. Minutes Regular Council Meeting January 10, 1995 Page 11 Council Member Martin made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. Mr. Galindo said he would like staff to propose a special permit for the Council to vote upon. Mrs. Cooper made a motion to deny the Planning Commission's and staffs recommendation of denial of the zoning request and, in lieu thereof, grant a special permit for the use as a restaurant, seconded by Council Member Noyola. Mr. Utter pointed out that the special permit would need seven affirmative votes in order to pass. Mayor Rhodes said she would not support Mrs. Cooper's motion for the special permit, citing the fact that both the Planning Commission and staff, as well as numerous neighbors, had recommended denial of the change of zoning. Dr. McNichols reemphasized that Mr. Cicacci's plans for the cafe were good but the location was inappropriate. Mr. Utter clarified that due to a typographical error, a letter from Dr. Charles Kennedy Jr. had been listed as being in favor of the zoning change when he actually opposed it. Mr. Galindo said he disagreed with the argument of "breaking" the existing "AB" zoning because it had already been broken. Mayor Rhodes asked City Secretary Chapa to poll the Council for their votes on the motion to grant a special permit on Item 12. The motion passed as follows: Best, Cooper, Galindo, Longoria, and Noyola voting "Aye"; Rhodes, Martin, McNichols, and Moss voting "No." Mr. Martin asked if there were any way to resolve the zoning request without having to bring it back during another Council meeting. City Attorney Bray responded that staff could attempt to formulate the special permit conditions during the day's meeting. Mayor Rhodes pointed out that when the special permit comes back, it will still fail because there were not the required seven affirmative votes in order for it to pass under the 20 percent rule. Mr. Galindo said he supported the special permit to see if the opposition's concerns could be resolved in the process. Mayor Rhodes pointed out that staff had already considered the option of the special permit but had not recommended it. Responding to Dr. McNichols, Mr. Bray said that a Council Member could make a motion during the day's meeting to amend the zoning ordinance being considered. Mr. Noyola said he was concerned about what would happen to the subject property if the zoning request were denied, such as the possibility of another prospective owner of that property building a business that the neighbors objected to even more. Council Member Best said he voted for the special permit with the hope that a Minutes Regular Council Meeting January 10, 1995 Page 12 resolution could be reached. If there is still opposition to the special permit when the next vote is taken, he said he would change his vote to oppose the zoning request. He noted, however, that any new building would be an improvement over the dilapidated building currently sitting on the subject property. Mayor Rhodes suggested that staff consult with some of the people who opposed the zoning change while drafting the special permit proposal. POSTPONED Mayor Rhodes opened the public hearing on the following zoning case: 13. Case No. 1194-5. Judy Houston: A change of zoning from "R-1 B" One -family Dwelling District to "B-1" Neighborhood Business District on Alameda Park, Block 6, Lot 35, located on the east side of Everhart Road, approximately 190 feet south of Avalon Street. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-1" District, and in lieu thereof, approval of a Special Permit for a furniture sales subject to two (2) conditions. Responding to Council Member Moss, Group Manager Utter explained that the subject property was immediately south of Berney Seal Company Realtors and immediately north of the Farris Clock Shoppe on Everhart Road. 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. A brief discussion ensued regarding the zoning of the other blocks in that area of Everhart. Council Member Martin said the Council needs to design some kind of transitional zoning in different areas. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022129 Amending the Zoning Ordinance upon application by Judy Houston, by granting Minutes Regular Council Meeting January 10, 1995 Page 13 a Special Permit for retail sales of furniture and household items associated with estate liquidations subject to two (2) conditions on Alameda Park, Block 6, Lot 35; providing for publication. 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 recessed the Council meeting for the meeting of the Corpus Christi Housing Finance Corporation. Mayor Rhodes reconvened the regular Council meeting. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 15 through 26, and Council Members requested that Items 17 and 24 be withheld for discussion. City Secretary Chapa noted that amendments had been made to Items 16.a. and 18.a., then he polled the Council for their votes and the following were passed: 15. M95-006 Motion approving the purchase of 5,600 "D.A.R.E.", (Drug Abuse Resistance Education), tee shirts in accordance with Bid Invitation No. BI -0093-95, with Tee's Plus, Groton, Ct., based on low bid for a total of $19,992. These tee shirts will be used by the Police Department. Funds are available through the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 16.a. ORDINANCE NO. 022130 Ordinance amending the FY94-95 Capital Budget to authorize funding in the amount of $47,250 for the installation of Underground Fuel Storage Tanks at the Power Street Storm Water Pump Station, and decreasing the scope of Downtown Pump Station "A" (Power Street) Flap Gate and Automated Trash Rake project. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola Minutes Regular Council Meeting January 10, 1995 Page 14 voting "Aye"; Martin and McNichols absent. 16.b. M95-007 Motion awarding a contract in the amount of $44,250 to Applied Earth Sciences, Inc. for the replacement of underground fuel storage tanks at the Power Street Storm Water Pump Station. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 18.a. ORDINANCE NO. 022131 Ordinance amending the FY94-95 Capital Budget to authorize funds in the amount of $28,000 from the Engineering Services Facility (Street/Solid Waste Facility) for pre -construction costs related to the construction of a new Fire Station No. 7. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 18.b. M95-009 Motion awarding a contract in the amount of $24,870 to Donald W. Pender, Jr., AIA, and Govind & Associates, Inc., Architects and Engineers, for architectural/engineering services associated with the construction of a new Fire Station No. 7, located near Staples and Doddridge. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 19. M95-010 Motion authorizing the City Manager to enter into an agreement with Russell- Veteto Engineering, Inc. for Engineering Services to perform an inspection of Wesley Seale Dam in the amount of $28,900. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 20. M95-011 Motion awarding a contract in the amount of $128,000 to C.W. Campbell Electric, Inc. for new electric service to the High Service Pump Building No. 2 at the O.N. Stevens Water Treatment Plant. Minutes Regular Council Meeting January 10, 1995 Page 15 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 21.a. M95-012 Motion authorizing the City Manager or his designee to execute Change Order No. 4 in the amount of $33,349.59 to the contract with F&W Electrical Contractors, Inc. for electrical improvements related to the FAA Grant AIP 3-48-0051-19-93. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 21.b. ORDINANCE NO. 022132 Ordinance appropriating $30,014.63 from the No. 245 Airport Capital Improvement Fund as the FAA's estimated share of Change Order No. 4 for the electrical improvements related to AIP Grant 3-48-0051-19-93. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 22. ORDINANCE NO. 022133 Ordinance closing and abandoning a 106.8 -square foot portion (3' x 35.6') of a 7.5 - foot wide utility easement on Lot 8, Block 2, Highland Oaks - Unit I; subject to compliance with the specified conditions, and the owner replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 23. ORDINANCE NO. 022134 Ordinance closing and abandoning a 5 -foot wide by 81.34 foot long utility easement between Lots 1, 2, & 3, Block D, Airline Subdivision No. 2; subject to 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, Moss, and Noyola voting "Aye"; Martin and McNichols absent. Minutes Regular Council Meeting January 10, 1995 Page 16 25. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 9, Aviation, Article 11, Municipal Airports, Section 9-63 to add an Animal Control Ordinance for the Airport; providing for publication; and providing for penalties assessed for violations. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. 26. ORDINANCE NO. 022136 Authorizing the City Manager or his designee to execute Lease Amendment No. 2 to the Ten Year Lease of the Old Police Station to the Corpus Christi Community Improvement Corporation approved by Ordinance No. 021640 on April 27, 1993, and amended by Ordinance No. 021766 on September 28, 1993, to lengthen the term of the lease to fifteen years. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols absent. Mayor Rhodes opened discussion on Item 17, Fire and Police promotional examinations. Responding to Council Member Galindo, City Manager Garza explained that the item dealt with promotional exams that affect fire and police personnel who are promoted competitively. He said the consultants who administer the tests are professionals in observing behavior under certain conditions. He said the testing process is intended to select the most qualified personnel and to identify leadership traits. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M95-008 Motion authorizing the City Manager, or his designee, to execute a contract for Professional Consulting Services for Fire and Police Promotional Examinations and Assessment Centers with Dennis Joiner and Associates, Fair Oaks, California, for the estimated annual amount of $10,000 per assessment center. It is estimated that we will require at least two assessment centers per year, thereby making the cost $20,000 per year. The terms of the contract will be for 12 months with an Minutes Regular Council Meeting January 10, 1995 Page 17 option to extend for up to three additional twelve month periods. Funds are budgeted in the FY 1994-95 Budget by the Human Resources Department. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin, McNichols, and Cooper absent. Mayor Rhodes opened discussion on Items 24.a., 24.b., and 24.c., Community Cultural Plan. Responding to Council Member Galindo, City Manager Garza explained that the item was an appropriations ordinance which is passed with one reading. Mayor Rhodes called for comments from the audience, and there were none. Council Member Moss asked if the grant would include the performing arts, and Mr. Malcolm Matthews, Director of Park and Recreation, said that it did. City Secretary Chapa polled the Council for their votes as follows: 24.a. ORDINANCE NO. 022135 Ordinance appropriating a matching grant in the amount of $24,000 from the National Endowment for the Arts for development of a Community Cultural Plan; amending Ordinance No. 021997 which adopted the FY 1994-95 budget by adding $24,000 to the Grants Arts Support Fund No. 162-266-804.04, 301. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols and Cooper absent. 24.b. M95-013 Motion authorizing the appointment of an ad hoc panel to serve as the steering committee for the Community Cultural planning process. The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols and Cooper absent. 24.c. M95-014 Motion authorizing the City Manager or his designee to issue a request for proposals seeking consultant services for the Community Cultural planning process. Minutes Regular Council Meeting January 10, 1995 Page 18 The foregoing motion passed by the following vote: Rhodes, Best, Galindo, Longoria, Martin, Moss, and Noyola voting "Aye"; McNichols and Cooper absent. Mayor Rhodes called for the City Manager's report. Mr. Garza noted that he had informed the Council of the proposal to hire a collection agency to collect warrants at the Municipal Court. He said the U.S. Department of Justice had approved the addition of 10 police officers. He also said that public hearings were held regarding the Beach Access Plan, and a recommendation would be made during the February 14, 1995 meeting. In addition, the Holly Road improvements have begun and there will be an official groundbreaking on January 24, 1995 at noon. Mayor Rhodes called for Council concerns and reports. Council Member Moss referred to City Manager Garza's previous comments about the collection agency for the Municipal Court. Mr. Garza noted that Corpus Christi's problems with enforcing warrants had been experienced by many other Texas cities, primarily due to the large numbers of warrants issued. Mr. Moss also commented about modifying fire stations, and about the beach access plan. Council Member Galindo asked staff for a report about the Crosstown interchange. Council Member Longoria noted that there is a problem with vehicles speeding on FM 624, particularly in front of Calallen High School. She added that improved street striping is needed there. She thanked the Council and staff for their work on the Oveal Williams Senior Citizens Center, which recently opened. Mayor Rhodes called for petitions from the audience. Mr. Gary Mitchell, 1706 Rand Morgan, said he supported a sports arena in Corpus Christi, but cautioned Council members to act soon before the financial picture of the state and federal entities changed. Mr. Abel Alonzo, 1701 Thames, referred to action taken during the meeting of the Corpus Christi Housing Finance Corporation. He said people need to take responsibility for their lives, including caring for their own housing, even if it is government -subsidized housing. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:10 p.m. on January 10, 1995. Minutes Regular Council Meeting January 10, 1995 Page 19