Loading...
HomeMy WebLinkAboutMinutes City Council - 11/14/1995I 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 November 14, 1995, which were approved by the City Council on November 21, 1995. WITNESSETH MY HAND AND SEAL, this 21st day of November, 1995 Armando Chapa City Secretary SEAL T „te MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 14, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem John Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Edward Martin Dr. David McNichols ABSENT Betty Jean Longoria 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 Pledge of Allegiance to the flag of the United States was led by Council Member Black. The Mayor informed the Council that Council Member Betty Jean Longoria is serving as a juror and would be absent from the day's meeting. City Secretary Chapa then 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 October 31, 1995, and there being no corrections, she proclaimed them approved as presented. ************* City Manager Garza announced that the City of Corpus Christi had received a Certificate of Achievement for Excellence in Financial Reporting, and he recognized Ms. Rosie Vela, Director of Finance. Ms. Vela introduced members of the Finance Department staff: Mike Harty, Audre Debler, Chris Commons, Cindy O'Brien, Adel Rowland, Janie Baysinger, Olga Plomarity, David Boatright, Deborah Balli, Ann Dorn, Richard Holman, Karen Petty, Sonya Lopez, and Irma Rodriguez. Ms. Vela added that there are six certified public accountants (including herself) on the staff of the Finance Department. Minutes Regular Council Meeting November 14, 1995 Page 2 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Citizen's Advisory Health Board Tone Johnson Jr. Landmark Commission John Wright Joe Dove Pam Lakhani Melissa Nucete James Maxwell Ethics Commission William Green Ike Barrera Ruben Bonilla Prince Macon Gonzalo Sandoval Debbie Lindsey -Opel Robert Rowling Tom Dobson Human Relations Commission Jose Bafiales Abigail Wemeke Kareem Goffigon Rev. Willie Davila Clyde Bourke Library Board Elizabeth Kirkland Daryl Tanner Martin Morin Roberta Wood -Hughes Gloria Rodriguez Inez Adams (Advisory) Lilias Hammerick (Advisory) Loretta Jo Shaw (Advisory) Minutes Regular Council Meeting November 14, 1995 Page 3 Park & Recreation Advisory nmmittee John Dunn Workforce Development Corporation Peter Weil * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, FY 95-96 street capital improvements implementation plan. Mr. Carl Crull, Group Manager for Public Works and Utilities, explained that staff had compiled an implementation schedule for the 16 projects that are included in the FY 95-96 Capital Improvement Program. He said the primary factor involving 11 of the 16 projects is the Texas Department of Transportation's bid -letting schedule. Council Member Martin pointed out that the projects which have already begun, such as Del Mar area street improvements (Phase III), are not included in the proposed implementation plan. Mr. Martin requested a comprehensive listing of the capital improvements work program. Mr. Crull added that the list being discussed did not include the water and wastewater projects. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he opposed the utilization of $2 3 million in certificates of obligation. City Secretary Chapa polled the Council for their votes as follows: 2. M95-326 Motion endorsing staff s recommended implementation plan for street projects funded in the FY 95-96 Capital Budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, security fee for Municipal Courts. City Manager Garza explained that beginning in September 1995, Texas law permits Minutes Regular Council Meeting November 14, 1995 Page 4 municipalities to create a Municipal Courts Building Security Fund and to assess a $3.00 security fee as a cost of court. Council Member Martin asked if the income projection was based on actual collections expected, or a multiplication of the fee by the number of convictions. Mr. Garza replied that it was on the actual collections expected. Responding to another question from Mr. Martin, Mr. Garza said that staff will soon be asking the Council to approve an ordinance which will prohibit concealed weapons in City Hall and other public facilities. In reply to Council Member John Longoria, Mr. Garza said that tentative uses for the security fund monies include hiring security personnel for the Municipal Courts building. Mr. Longoria asked if a person who is convicted is still required to pay the $3.00 security fee even if he or she cannot pay the other fines and is required to provide community service. Mr. Garza said the $3.00 payment would still be required. He added that Presiding Judge Rodolfo Tamez and Ms. Barbara Sudhoff, Director of Municipal Courts, had been working to improve the community service aspect of the court through a cooperative effort with the Volunteer Center of the Coastal Bend. Responding to Council Member Black, Mr. Garza said the $3.00 fee is set by the state. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien asked if the $3.00 fee would apply to a $6.00 parking ticket, and Mr. Garza said it would not. Mr. O'Brien also asked about the section in the proposed ordinance which said "...a person is considered convicted if...the court defers final disposition of the person's case." Judge Tamez replied that a person would only be fined the $3.00 when he or she pleads guilty or is found guilty of a misdemeanor offense. City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi to create a Municipal Court Building Security Fund; requiring defendants convicted of misdemeanor offenses in Municipal Court to pay a $3.00 security fee as a cost of court; providing for severability; specifying an effective date; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting November 14, 1995 Page 5 Mayor Rhodes opened discussion on Item 4, allocation of the Arts Subgrant Program. Mr. Malcolm Matthews, Director of Park and Recreation, said the city has for years supported performing arts in the community through funding from the Convention and Tourist Fund and the General Fund, in addition to an annual grant from the Texas Commission on the Arts. This year's grant amount of $5,618 needs to be appropriated first, and then grants are awarded to the different community arts organizations. Mr. Matthews said that this year 21 arts organizations applied for and received some level of funding after having submitted grant applications that were considered first by the city's Municipal Arts Commission (MAC). He said that in addition to recommending a total of $119,618 for the different organizations, the MAC has recommended allocating $20,000 to the Permanent Art Trust Fund. Council Member McNichols requested more information about how the amounts from the Convention and Tourist Fund and the General Fund for the arts were established. Responding to Council Member Martin, Mr. Matthews said there currently is $193,000 in the Permanent Art Trust Fund. He added that the MAC has considered recommending that those monies be used for the Gateway Project, but that has not yet been brought to the Council for approval. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4.a. ORDINANCE NO. 022401 Ordinance appropriating a matching grant in the amount of $5,618 from the Texas Commission on the Arts in support of arts programs to the Federal/State Grant Fund No. 162. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 4.b. M95-327 Motion approving the allocation of $119,618 to a total of twenty-one (21) arts organizations and $20,000 to the Permanent Art Trust Fund, for a total of $139,618 for the FY 95-96 Arts Subgrant Program. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Minutes Regular Council Meeting November 14, 1995 Page 6 Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, a public hearing on street closures. Mayor Rhodes called for comments from the audience, and there were none. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 5.a. FIRST READING ORDINANCE Closing and abandoning portions of three street rights-of-way out of Brennan Addition: a 5,471.14 square foot portion of Jack Street right-of-way from 19th Street to Doss Street, approximately 195 feet in length; a 12,806.64 square foot portion of Doss Street right-of- way, approximately 213 feet in length extending from Lipan Street to a point approximately 213.45 feet south to the north boundary line of the Priour Tract; and a 8,363.52 square foot portion of Robert Street right-of-way, approximately 279 feet in length, extending from Lipan Street to a point approximately 279.02 feet south to the north boundary line of the Priour Tract; subject to compliance with the specified conditions; the owner replatting the property within 180 days at his expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; B. Longoria, J. Longoria absent. 5.b. M95-328 Motion authorizing the City Manager to sell the following portions of the property out of the Brennan Addition shown on Exhibit "B": a. that portion of Blocks 6 and 7 east of the drainage ditch; Jack Street east of the drainage ditch to Doss Street; Doss Street from Lipan Street south, approximately 213 feet, to the north boundary line of Lot G of the Priour Tract; and Robert Street from Lipan Street south, approximately 279 feet, to the north boundary line of Lot 1-1-1 of the Priour Tract and all of Block 8 (Tract A); and b. Lots 5, 6, 7, 8, 9, and 10 and the portions of Lots 15, 16, 17, 18, 19, and 20 south of the drainage ditch, Block 4 (Tract B). The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; B. Longoria, J. Longoria absent. Minutes Regular Council Meeting November 14, 1995 Page 7 Mayor Rhodes opened the public hearing on the following zoning case: 6. Case No. 995-1. Fleet Reserve Association. A change of zoning from "RA" One -family Dwelling District to "I-2" Light Industrial District on Flour Bluff Heights, Block 5, Lots 1 through 7 and 19 through 25, located on the east side of Carletta Street, between Valerie and Jester Streets. Mayor Rhodes said the Planning Commission and staff recommended denial, and the applicant did not concur with that recommendation. Mr. Brandol Harvey, Director of Planning and Development, showed a video of the subject property. Mayor Rhodes noted that the 20% rule was in effect for this zoning case. Mr. Harvey said most of the development around the subject property consists of single-family uses and the streets are relatively unimproved. He said the applicant --Fleet Reserve Association --is requesting a change of zoning to "I-2" Light Industrial District from "RA" One -Family Dwelling District; the association's existing lodge on their property is a nonconforming use in the "RA" district. He added that the association is requesting the zoning change in order to enhance the property's resale value on the acreage they are not currently using. Mr. Harvey noted that the applicant did propose a special permit specifically for ministorage warehouses, but the Planning Commission ultimately denied that request. One of the major factors is that the subject property is located in the U.S. Navy's designated Accident Potential Zone -1 (APZ- 1). In such zones, the city's land use policies recommend very low density residential (such as three units per acre or less) or industrial or commercial uses that do not congregate many people. Regarding the property's possible use as a warehouse, Mr. Harvey said it was felt that with the existence of the unimproved and semi -improved streets, it was more important to protect the existing residential uses and keep the property "RA" than to change its use into a warehouse -type use that might generate significant traffic at all hours of the day. He said several neighbors had appeared before the Planning Commission stating their opposition to the zoning application. Responding to Council Member Cooper, Mr. Harvey said the applicant had requested the "I- 2" zoning in order to increase his opportunities for land sales as much as possible. He said staff did discuss other zoning possibilities other than "I-2", but the applicant was not in favor of those suggestions at the time. In reply to Mayor Rhodes, Mr. Harvey said it was felt that the "RA" zoning came closer to meeting the objectives for land uses in the APZ-1 zone, rather than zoning that would allow apartments or commercial uses. However, he said it is possible to consider some commercial uses that are also commiserate with the APZ-1 intent not to congregate large groups of people but would still allow retail use. Minutes Regular Council Meeting November 14, 1995 Page 8 Council Member Heldenfels said he thought a warehouse use would be appropriate, if that is what the applicant was willing to consider. Mr. Harvey added that only about half of the streets near the subject property are paved, but those are sub -standard. Council Member McNichols said the residents in that area have had to contend with many problems over the years. At the same time, he said he understood the property owners' desire to make better use of their property, but the problem arises from its location within a neighborhood. Responding to a question from Dr. McNichols, Mr. Tom Utter, Group Manager for Development Services, said that Valerie and Jester streets would qualify for Community Development Block Grant funding. Council Member Black pointed out that, in the neighborhood of the subject property, three lots are required in order to build a residence, which makes it difficult to develop that area. She added that she would oppose industrial uses in that neighborhood, but she suggested that a minimum of two lots be allowed for residential use. Mr. Bill Pettis, 4429 Aspen Grove, President of Branch 94 of the Fleet Reserve Association, said the organization's request for a zoning change was not made with the intention of destroying the surrounding neighborhood, but rather to correct an inequity that exists. He noted the organization's lodge cannot be renovated under the current zoning, and replatting their remaining property for possible sale would be cost prohibitive. In addition, the group is having trouble paying the taxes on their undeveloped land. He described difficulties the Fleet Reserve has had in trying to develop and donate that land. Ms. Ellen Presnell, 318 Valerie, said she opposed the zoning request for many reasons, including the narrow, substandard roads in the neighborhood; the lack of direct access to the subject property; the fact that many families live there and the construction of mini -warehouses would generate increased traffic (including truck traffic). She pointed out that liquor is served in the Fleet Reserve Association's lodge and she complained of property damage caused by intoxicated motorists. Mr. C.W. Davidson, 4706 Alice Street, said he has been a member of the Fleet Reserve Association for 45 years and is the chaplain of Branch 94. He said the association is trying to improve the neighborhood and is active in the community. Replying to Mayor Rhodes, Mr. Utter said the Council has the option of sending this zoning case back to the Planning Commission for review, or taking action on it during the day's meeting. Mr. Charles Postel, 4217 Montego Drive, appeared in support of the Fleet Reserve Association. He pointed out that as the Flour Bluff Development Plan was being created, residents Minutes Regular Council Meeting November 14, 1995 Page 9 of Flour Bluff Heights did not voice opposition to the plan to gradually transition that neighborhood from residential to commercial use. He added that according to the Police Department, no calls had been made regarding Fleet Reserve members' activities. Council Member Martin commented about different zoning designations around the subject property and future uses of that land. Mrs. Cooper made a motion to table this zoning case and to send it back to the Planning Commission for review and further discussion to see if more restrictive zoning could be recommended. A voice vote was taken on the motion to table, and it passed unanimously. POSTPONED the Zoning Map i„ ieferei.cc to Plata Bluff Ileights, Block 5, Lots 1 through 7 and 19 If * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 1095-3. Primera Asamblea de Dios: A change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Meadow Park Addition, Block 21, Lot 5, located on the west side of Cheyenne Street, approximately 100 feet south of Chippewa 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 church off-site parking lot subject to five (5) conditions. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022402 Amending the Zoning Ordinance upon application by Primera Asamblea de Dios, by granting a Special Council Permit for an off-site parking lot subject to five (5) conditions on Meadow Park Addition, Block 21, Lot 5; providing for publication. Minutes Regular Council Meeting November 14, 1995 Page 10 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 1095-4. Aqua Park. Inc.: A change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Brooklyn Addition, Block 54, Lots 3A, 5A and 6A, located between Elm Street and Bridgeport Avenue and between Seagull and W. Surfside Boulevards (U. S. Highway 181). Mayor Rhodes said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for an outside amusement park subject to six (6) conditions. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022403 Amending the Zoning Ordinance upon application by Aqua Park, Inc., by granting a Special Council Permit for an outside amusement park subject to six (6) conditions on Brooklyn Addition, Block 54, Lots 3A, 5A and 6A; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. ********* * ** Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 1095-5. Michael P. O'Brien: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Mount Vernon Subdivision, Block 1, Lots 15, located on the east side of Everhart Road, approximately 175 feet south of McArdle Road. Minutes Regular Council Meeting November 14, 1995 Page 11 Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022404 Amending the Zoning Ordinance upon application by Michael P. O'Brien, by changing the Zoning Map in reference to Mount Vernon Subdivision, Block 1, Lot 15 from "R -1B" One - family Dwelling District to "AB" Professional Office District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 1095-6. City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling and "A-1" Apartment House Districts to "B-4" General Business District on David Brown Addition, east portion of Lots 14A, 15 and Tract 16 and middle portion of Tract 10, being the interior tract of land located 150 feet east of S. Port Avenue, between Baldwin Boulevard and Sonora Street. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022405 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to David Brown Addition, east portion of Lots 14A, 15 and Tract 16 and middle portion of Tract 10, from "R -1B" One -family Dwelling and "A-1" Apartment House District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Minutes Regular Council Meeting November 14, 1995 Page 12 B. Longoria absent. +++s**t*rrr** Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 18, and Council Members requested that Item 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 11. M95-329 Motion approving a supply agreement for medical supplies including approximately 27 cases of gauze, 240 cases of bandages, 55 cases of syringes, etc. in accordance with Bid Invitation No. BI -0311-95 with United Medical Supply, Corpus Christi, Texas based on low bid and low bid meeting specifications for an estimated annual expenditure of $33,397.22. 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. Funds are budgeted in FY 95-96 by the Health Department. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 13.a. ORDINANCE NO. 022406 Ordinance appropriating $40,923.96 from the Sanitary Sewer Collection Line Trust Fund No. 145-247.96 to pay developer reimbursement requests. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 13.b. M95-331 Motion approving the reimbursement application submitted by Peacock Properties, Inc., developer of Saratoga Center, Block 1, Lot 1, for the installation of 133 linear feet of 8 inch, 964 linear feet of 10 -inch, and 40 linear feet of 12 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting November 14, 1995 Page 13 14.a. ORDINANCE NO. 022407 Ordinance appropriating $72,079.16 from the Water Arterial Transmission and Grid Main Trust Fund No. 143-246.95 to pay developer reimbursement requests. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 14.b. M95-332 Motion approving the reimbursement application submitted by Shell Land Management Company, Inc., developer of Reflections 4A and 4B, for the installation of 3,045 linear feet of a 12 -inch PVC water grid main. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 15.a. ORDINANCE NO. 022408 Ordinance appropriating the amount of $7,886.88 from the Sanitary Sewer Collection Line Trust Fund No. 145-247.96 to pay developer reimbursement requests. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 15.b. M95-331 Motion approving the reimbursement application submitted by Southwest Phoenix Group, Inc., owner of Airport Industrial Subdivision, Block 2, Lot 2, for the installation of 475 linear feet of an 8 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 16. FIRST READING ORDINANCE Closing and abandoning a 5,649 square foot portion of a 20 foot wide utility easement located between Lots 1B and 2, Block 3, Weber's Glen Subdivision; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at his expense. Minutes Regular Council Meeting November 14, 1995 Page 14 The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 17. FIRST READING ORDINANCE Closing and abandoning a 1,250 square foot portion of a 10 foot wide utility easement located between Lots 3R and 4R, Renton Center; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at his expense. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. 18. ORDINANCE NO. 022409 Authorizing the City Manager or his designee to execute a five year Use Agreement with Southwestern Bell Telephone Company to provide pay phone service to various City facilities for a 22% commission with the option to extend for additional one year terms. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, and McNichols voting "Aye"; Martin voting "No"; B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 12, air conditioning repairs at the airport. Council Member McNichols pointed out that the airport's Sanyo air conditioning chiller is only 11 years old and is experiencing severe problems. He asked if a product's performance can be taken into consideration in the future, and Mr. Garza said it could. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. M95-330 Motion ratifying the decision of the City Manager to authorize McQuay Services, Inc. to complete emergency repairs to the Airport's Primary Air Conditioning Chiller in an amount not to exceed $30,000. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting November 14, 1995 Page 15 Mayor Rhodes called for the City Manager's report. Mr. Garza noted that the public hearing on Phase IV of the 1995 annexation program is scheduled for the November 21, 1995 Council meeting, as well as the appointment of the members to the Drainage Utility Advisory Committee. The Mayor announced that the Council members' official photograph was scheduled to be retaken on November 28, 1995 at 1:30 p.m. Mayor Rhodes called for Council concerns and reports. Council Member Martin requested detailed maps and economic information of the tracts proposed for annexation prior to the public hearing next week. Mr. Martin also suggested that parking in the downtown area be reassessed in light of increased development there. Mr. Garza commented that the Legal Department staff has been doing research on adult businesses which have undesirable secondary effects. Mr. Garza added that he and City Attorney Bray had also discussed an ordinance which would basically indicate the city's intent to address the issue of adult businesses. He emphasized that the approach staff is taking is that some things can be done about undesirable activity resulting from adult businesses. Council Member McNichols suggested that an ordinance be drafted to ban handguns in city parks. Mayor Rhodes replied that the mayors of the eight major cities in Texas have had several discussions on that issue and she said they share Dr. McNichols' concerns. She added that she will keep the Council updated. Council Member Black reported that there are several abandoned structures on North Beach which should be torn down. She also commented about a list of city employees who are authorized to hold second jobs. Mr. Garza pointed out that even if an employee's outside work is limited to a few hours, he or she is still required to register that information with the city. He added that supervisors were responsible for ensuring that employees' work performance was monitored. Council Member John Longoria commented on the need for a member of the city staff to stay abreast of legislative matters relating to the city. A brief discussion ensued. Council Member Cooper announced that the Neighborhood Association Task Force was preparing a draft manual regarding developing such organizations. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 3:35 p.m. on November 14, 1995. * * * * * * * * * * * * *