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HomeMy WebLinkAboutMinutes City Council - 11/21/1995I 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 21, 1995, which were approved by the City Council on November 28, 1995. WITNESSETH MY HAND AND SEAL, this 28th day of November, 1995 Armando Chapa City Secretary SEAL goofILA� MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 21, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem John Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria Edward Martin Dr. David McNichols 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 Pastor David Lewis, Bayshore Bible Church, following which the Pledge of Allegiance to the flag of the United States was led by Ms. Veronica Arrisola, a student at Woodlawn Elementary School. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of November 14, 1995, and there being no corrections, she proclaimed them approved as presented. ************* Assistant Police Chief Pete Alvarez informed the Council about an incident which occurred at the Commercial Metals Company at 4614 Agnes earlier in the day. He stated that a chlorine gas tank had ruptured, emitting chlorine gas into the air, which resulted in 26 people being treated for chlorine gas inhalation. He also stated that no serious injuries or fatalities had been reported. He further stated that emergency units responded immediately and that the Texas Natural Resource Conservation Commission would investigate the cause of the rupture. * * * * * * * * * * * * * T Minutes Regular Council Meeting November 21, 1995 Page 2 Mayor Rhodes opened discussion on Item 1, a recognition of the city's awards from the National Coordinating Council on Emergency Management. Mr. Patrick McMacken, Assistant Coordinator for the City's Emergency Management Division, presented a brief overview of the awards which were received from the National Coordinating Council on Emergency Management. The awards were for best video presentation and computer-generated media. He then recognized Ms. Amy Seabring who assisted him with the computer-generated media and Mr. David Parrott, Administrator of the Local Emergency Planning Committee. * * * * * * * * * * * * * Mayor Rhodes stated that the Board appointments to the Drainage Utility Advisory Committee would be postponed. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, an ordinance pertaining to adult businesses with undesirable secondary effects (ABUSE). Assistant Chief Alvarez explained that the Police Department has been working with the city's Legal and Planning departments in drafting an ordinance to regulate adult businesses, which will be brought to the Council in January 1996. He said the purpose of the ordinance on the day's agenda was to preserve the status quo by making it clear to the owners of any adult businesses that might open in Corpus Christi between now and January that they will not receive any "grandfather" exemptions from the effect of the January ordinance, if it is approved. He said the ordinance to be considered in January has three major elements: it would limit the areas in which adult businesses can operate by requiring that they be located away from residential and commercial areas, as well as other adult businesses; that they be licensed; and it would prohibit certain activities relating to adult businesses. The ordinance being drafted would be modeled after ordinances in effect in other cities. Assistant Chief Alvarez said the validity for such an ordinance is well established, since it has been statistically shown that such adult businesses produce secondary criminal effects which are harmful to the community. He noted that ordinances regulating adult businesses with undesirable secondary effects (referred to by the acronym ABUSE ordinances) cannot be aimed at the content of expressive activity; rather, they are geared to regulate the businesses to minimize their secondary effects. He went on to say that often in other cities, ABUSE ordinances allow existing adult businesses to continue to operate for a period of time in a prohibited area. Minutes Regular Council Meeting November 21, 1995 Page 3 Responding to Council Member Martin, Chief Alvarez said that staff has gathered some data which is now a year old and they are in the process of gathering additional data. Chief Alvarez also reiterated that the ordinance currently being considered basically notifies people who intend to open a sexually oriented business in Corpus Christi that if the January ordinance is approved, they will have to abide by that ordinance. Mr. Martin asked why the current proposed ordinance specified the date of June 28, 1995 as the starting date; he said that a November 21, 1995 article in the local newspaper was the first time many of the Council members knew of the proposed ABUSE ordinance. City Attorney Bray replied that June 28, 1995 was the date that staff deemed the ordinance officially pending --when the City Manager met with staff, approved the concept of the ordinance and directed staff to proceed with it. Mr. Martin recalled discussion during a previous Council meeting in which residents opposed the planned construction of a topless bar on South Padre Island Drive. He said that staff had informed the Council that that business met the zoning requirements and nothing else could be done. He added that staff could have brought the temporary ABUSE ordinance to the Council at that time. Mr. Bray replied that discussion of the ABUSE ordinance had just begun and the reply given to the Council at that time was based upon existing ordinances. Mr. Martin also asked about the repercussions for a businesses owner who currently has a building permit for an adult business. Mr. Bray answered that staff believes the ABUSE ordinance would still be effective in that situation. Council Member Heldenfels stated that the ordinance currently being considered was punitive and he expressed concern about its constitutionality. Mr. Bray stated that under the pendency doctrine, there are cases in which an ordinance is in the developmental stage with staff, and the status quo can be maintained. Mr. Heldenfels objected to the June 28 date, adding that the effective date should be November 21, 1995. Council Member Cooper questioned the validity of a clause in the ordinance to be considered in January, in which adult businesses which are currently operating would have three years in which to relocate or shut down their business. Mr. Bray responded that the courts have allowed an even shorter period of time; a number of other cities' ordinances which have been upheld use the three- year period. Mrs. Cooper said she felt the three-year clause would be controversial and she suggested that staff investigate that element while the ordinance is still being drafted. Council Member Best expressed surprise that this ordinance was brought before the Council, and he said a workshop should be held to discuss it further. Mayor Rhodes said that during her eight years on the Council, there had been several instances in which neighbors had complained about the existence of adult businesses near their neighborhoods. She noted that the Council had frequently expressed frustration at its inability to deal with the neighbors' concerns. City Manager Garza said Minutes Regular Council Meeting November 21, 1995 Page 4 the subject of adult businesses had arisen several times during his tenure, and he subsequently last summer directed staff to begin preparing the ABUSE ordinance. He said he informed the Council last week that that ordinance was being drafted. Dr. Best questioned the criteria used to define a sexually oriented business. Chief Alvarez responded that there currently are 13 businesses which the Police Department regards as sexually oriented businesses, as well as one adult video store. He emphasized that the proposed ABUSE ordinance would not make the businesses illegal, but it would regulate their location. Council Member McNichols questioned whether the data being considered dealt just with sexually oriented businesses, or bars in general. Chief Alvarez said staff is preparing a comparison of criminal activity generated by the 13 adult businesses as opposed to a list of bars which are not regarded as sexually oriented businesses. Responding to Council Member Betty Jean Longoria, Mr. Bray said he was not aware of any adult businesses which had opened since June 28, 1995, and he felt the most important date with respect to the ordinance being considered was the date of approval. Council Member John Longoria said he felt it would be difficult to distinguish between criminal activity associated with sexually oriented businesses and activity associated with bars in general. He said two objectives that had been previously discussed were notifying neighbors that a sexually oriented business was going to be built near their neighborhood, and the possible prohibition of adult businesses in the downtown area. He questioned whether the proposed ABUSE ordinance would in effect drive the adult businesses downtown. Chief Alvarez replied that staff would present several options to the Council, one of which would totally eliminate the possibility of adult businesses being located downtown. Mr. Longoria said he felt that three years was insufficient time for the owner of an adult business to amortize his investment; he suggested that 10 years would be more reasonable. He said other loopholes in the proposed ordinance will develop, such as the possibility of adult businesses opening on a stretch of Everhart Road. Mayor Rhodes said it was importance to pass the ordinance currently being considered to inform people that a more in-depth ABUSE ordinance is pending. She added that the Council should have a workshop on the issue in order to reach some consensus and to direct staff on the pending ordinance. Council Member Black said she was not in favor of topless bars, but she was in favor of free enterprise. She objected to the June 28, 1995 date, and suggested that the local newspaper emphasize the importance of the Council's action so that citizens will be aware of it. She shared Mr. Longoria's concerns about the three-year amortization time period. She questioned the amount of Minutes Regular Council Meeting November 21, 1995 Page 5 tax revenue generated by adult businesses, and she added that she had never received a complaint about a topless bar. She said that an ordinance prohibiting adult businesses from around schools and neighborhoods should have been approved long ago. Mayor Rhodes stated that the Council probably would be amending the June 28, 1995 date in the proposed ordinance. She then called for comments from the audience. Mrs. Grace Rank, Chairperson of the city's Commission on Children and Youth, offered the Commission members' expertise to the Council regarding this issue. She said the commission has extensive data showing how sexually oriented businesses adversely affect the community by influencing juvenile crime, teenage pregnancy, and school drop-out rates. Mrs. Rank pointed out that Nueces County leads the nation in teen pregnancies (9.1 of every 100 births in Nueces County are to children under 18). She said it has also been proven that the presence of sexually oriented businesses influences the amount of sexual abuse in a community. She also questioned whether the tax revenues generated by adult business offset the cost of the consequences of the lack of social controls (juvenile crime, more prisons, etc.). Mrs. Paige Dinn, a member of the Commission on Children and Youth and Director of the Children's Resource and Development Institute at Driscoll Children's Hospital, said that she and others have been tracking incidents of child sexual abuse at Driscoll and an alarming trend has emerged. Mr. Longoria asked Mrs. Rank and Mrs. Dinn to pool their resources in helping to change the law regarding the minimum age of young women employed in sexually oriented businesses. A woman who said she moved to Corpus Christi 2'/2 years ago said that she supported the ordinance pertaining to sexually oriented businesses. She expressed concern for the safety and welfare of children and single women in this community. Mr. Carl Michaels, 317 N. Chaparral, said he was speaking on behalf of the downtown merchants, and he presented a petition signed by people opposed to adult entertainment establishments located in the downtown area. He said such businesses used to be prevalent downtown, but their absence has made that area much safer. Mr. Fred Braucht, owner of the Country Peddler, 317 N. Chaparral, also discussed the adverse effect that the existence of adult businesses had in the downtown area for many years. He urged the Council to adopt an ABUSE ordinance. Mr. Douglas Meissner, owner of Bottom's Up nightclub for 11 years, said his business had earned $1 million in gross revenues so far this year, and he employs 100 people. He said if his business and the other adult businesses were forced to shut down, it would affect not only his employees, but many peripheral businesses as well. He said the public should decide if adult businesses should be allowed to exist in Corpus Christi. Minutes Regular Council Meeting November 21, 1995 Page 6 Mr. Richard Beck, owner of a topless bar that is scheduled to open in December on South Padre Island Drive, said he has invested much money into his business. He questioned if clubs featuring male dancers and gay bars were considered sexually oriented businesses as well. He said his property is located more than 1,000 feet from a school or church. Mr. Leon Perez, 904 Buford, objected to the ABUSE ordinance. Mrs. Dorothy Spann, 502 Del Mar, described sexually oriented businesses that are located near schools and neighborhoods. She said many residents have been seeking such an ordinance regarding adult businesses for quite some time and she urged the Council to support it. Ms. Onie Gomez said she had recently moved to Corpus Christi from San Francisco, which has many adult businesses. She said she was shocked by the huge picture of the scantily clad woman at the entrance to the Leg's club on South Padre Island Drive. She said such businesses corrupt and pollute a community and are the gateway to many other activities, such as sexual harassment and child abuse. Mr. R.F. Hasker, 1813 Wallace, said he does not frequent topless bars but objected to the proposed ordinance. Mr. Heldenfels made a motion, seconded by Mrs. Longoria, to drop the June 28, 1995 date in the proposed ordinance and to make it effective November 21, 1995; the motion passed unanimously. Mr. Martin pointed out that all of the speakers addressed the ABUSE ordinance that the staff is drafting, rather than the ordinance before them, which Mr. Martin asked to be clarified. Mr. Bray replied that the current ordinance would not stop building permits from being issued; it simply puts people who would open an adult business in the interim on notice that the Council would not intend to give them a "grandfather" exemption when the ultimate ABUSE ordinance is passed. Mr. Martin expressed concern about the specificity of the ordinance currently before the Council. Mr. Martin also asked if the day's ordinance dealt with adult businesses in the downtown area, and Mr. Bray replied that it did. Mr. Norbert Hart, Assistant City Attorney, said the ABUSE ordinance being drafted deals with the following zoning districts in the city: all residential; neighborhood business district; beach design (North Beach); bayfront (not counting zones `B-4," "B-5," and `B-6"); and on the island. Responding to Dr. McNichols, Mr. Bray said the current ordinance did not require existing adult businesses to shut down, but the draft ABUSE ordinance would leave the question to the Council of whether the grandfather exemption would be applied for a period of time or permanently. Dr. McNichols said the current ordinance contained many complex issues, and if morality is to be Minutes Regular Council Meeting November 21, 1995 Page 7 legislated in this city, it should be prospective rather than retrospective. In reply to Mr. Longoria, Mr. Garza said as it is being designed, the ABUSE ordinance would not allow any topless bars on Everhart Road. He added that there would be areas in the city where topless bars could be located. Mr. Martin asked if the city could, under Texas law, adopt a moratorium and direct the preparation of an ordinance. Mr. Bray said that generally, with respect to a zoning ordinance, that could be done. He added that with regard to adult businesses, the courts have said that before that is possible, the Council needs to consider the data that demonstrates that adult businesses have adverse secondary effects. Mr. Bray then referred to Section 2 of the proposed current ordinance, and Mr. Martin made a motion to amend the ordinance as follows: "Ordinance directing City staff to prepare an amendment to the Code Of Ordinances, City Of Corpus Christi by adding a new Chapter, Adult Businesses With Undesirable Secondary Effects (ABUSE) which regulates the location of adult businesses with undesirable secondary effects and which requires licensing of adult businesses with undesirable secondary effects; stating the intent of the City Council not to recognize as a protected nonconforming use any adult business with undesirable secondary effects which began operation subsequent to November 21, 1995." The motion to amend was seconded by Dr. Best, and it passed unanimously. Dr. Best requested more information about the geographic locations that would be allowed for adult businesses, and Mrs. Cooper asked which cities in Texas have ABUSE ordinances in effect and which contain retroactive clauses; Mr. Garza said he would provide that information. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 022410 Ordinance directing City staff to prepare an amendment to the Code Of Ordinances, City Of Corpus Christi by adding a new Chapter, Adult Businesses With Undesirable Secondary Effects (ABUSE) which regulates the location of adult businesses with undesirable secondary effects and which requires licensing of adult businesses with undesirable secondary effects; stating the intent of the City Council not to recognize as a protected nonconforming use any adult business with undesirable secondary effects which began operation subsequent to November 21, 1995. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Rhodes, Best, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Heldenfels voting "No." Minutes Regular Council Meeting November 21, 1995 Page 8 Mayor Rhodes opened discussion on 3, purchase of composting equipment. Responding to Mayor Rhodes, Mr. Tom Utter, Group Manager for Development Services, said the $100,000 from the Texas Natural Resource Conservation Commission had already been received. Council Member McNichols asked about the maintenance costs of the SCARAB equipment being considered. Mr. Utter said that staff talked with staff members from other cities using that equipment, and their maintenance costs ranged from $5,000 to $7,000 a year. In reply to Council Member Heldenfels, Mr. Utter noted that SCARAB Manufacturing Company had a $630,000 five-year maintenance agreement, and even though their company manufactures the equipment, their bid was also $10,000 more than the low bidder (Stewart & Stevenson). He added that city staff visited Austin to examine their composting equipment. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 022411 Ordinance appropriating $100,000 from the Texas Natural Resource Conservation Commission (TNRCC) as a matching grant to help purchase a compost windrow turner machine to facilitate a composting pilot project; amending Ordinance No. 022279 adopting the FY 95-96 budget by adding $100,000 to the General Fund Solid Waste Services Capital Outlay. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 3.b. M95-334 Motion approving the purchase of a windrow turner composting machine from Stewart & Stevenson, Inc., Houston, Texas for $193,763 in accordance with Bid Invitation No. BI - 0317 -95. Bid award based on low bid. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting November 21, 1995 Page 9 Mayor Rhodes opened the public hearing on the Phase IV proposed annexation of the City's 1995 Annexation Program, annexing 3,048 acres of land comprised of eight tracts: A5, A6, A7, A9, A10, Al 1, Al2, and A13. Five tracts are located in the northwest area of the City in close proximity to the Five Points intersection, and three tracts are located in the Industrial District No. 1 off of Poth Lane and Nueces Bay Boulevard. Using a map, Group Manager Utter discussed the areas proposed for annexation that the Planning Commission and staff agreed on. He said they agreed that only about half of Tract A9 (which had originally consisted of about 690 acres) would be considered for annexation. In addition, in Tract A6, the staff and Planning Commission recommended that two subdivisions in that tract -- Rio Lado Acres and Valley View --be deleted from the annexation plan and the rest of the tract would be considered. He said the staff and Planning Commission also recommended that all of Tract A5 would remain in the annexation plan. Tract A5 consists of River Hills Country Club, Hazel Bazemore Park, a 35 -acre city -owned tract, as well as privately owned tracts. Responding to Council Member Heldenfels, Mr. Utter said there were no other residential subdivisions located in Tracts A6 and A9 that were being recommended for consideration. Council Member Martin asked if the Council could vote to give the staff direction during the public hearing regarding which tracts would be eliminated from consideration, and City Attorney Bray said the Council could do that. Council Member John Longoria asked why Rio Lado and Valley View subdivisions (located in Tract A6) were not being recommended for annexation at this time. Mr. Utter replied that residents from those subdivisions were amply represented during the Planning Commission public hearing, and they said they were far enough away from the city, and would create a burden to the city, if they were annexed. They also expressed concern about city ordinances regarding ownership of livestock on residential property. Mr. Utter said eventually those two subdivisions would be located in the city's natural growth pattern and would be annexed, but not at this time. He went on to describe "developmental pressure" occurring on FM 624 and why some tracts on that thoroughfare were being recommended for annexation. Mr. Longoria asked about the proposed annexation of Tract A5, which Mr. Utter described. He noted that the River Hills Country Club golf course, which is already developed, is completely surrounded by the city, and staff felt it should be annexed. In addition, Hazel Bazemore Park, which would continue to be operated by Nueces County, is also surrounded by city property, and staff felt it should be annexed as well. Mr. Utter reiterated that both the Planning Commission and staff recommended that Tract A5 be annexed in its entirety. A discussion ensued, and Mr. Longoria expressed concem about fractured annexation in the area. Mr. Utter briefly described tracts which were not annexed nor recommended for annexation. Minutes Regular Council Meeting November 21, 1995 Page 10 Responding to another question from Mr. Longoria, Mr. Utter said the Police Department indicated that if half of Tract A9 was eliminated from the annexation plan, the rest of the area could be serviced with police protection with no additional officers. Mr. Longoria said he disagreed with some of the areas being recommended for annexation. Council Member Betty Jean Longoria asked if part of Tract A5 could be considered for annexation at a later time, similar to the situation with the Quail Valley subdivision in Tract Al. Mr. Utter replied that there are two principle significant differences between Quail Valley and the golf course in A5: Quail Valley would have required another police beat, while the golf course would not; and annexation of A5 was originally considered in 1981. Mr. Martin questioned the recommendation to include the golf course in Tract A5 in the annexation proposal, adding that he felt it could be delayed at this time. He added that the 35 acres owned by the city in A5 and approximately 65 acres of undeveloped land should remain in the annexation plan. Mr. Heldenfels noted that Tracts A5, A6, A7, A9 and A10 are all currently being policed by the Nueces County Sheriff's Department, and he expressed concern about straining the city's policing capabilities by annexing more tracts of land. Mr. Utter replied that both Police Chief Henry Garrett and Fire Chief J.J. Adame had said that police and fire protection would be able to be provided to the areas currently being recommended for annexation. Mayor Rhodes made a motion to concur with the Planning Commission on deleting the following areas from consideration for annexation: half of Tract A9; the two subdivisions (Rio Lado Acres and Valley View) in Tract A6; and all of Tract A5 except the city's 35 acres and the 65 acres of undeveloped land (in addition, a finding will be made that it is in the public interest not to annex the rest of Tract A5 at this time). The motion was seconded by Mr. Martin, and it passed unanimously by a voice vote. Mr. Utter used a map to describe Tract A7. He noted that during the Planning Commission public hearing, residents in Nueces River Estates and Lindgren River Lots said that if they could receive water from the city, they would not oppose the annexation proposal. He said those improvements are not currently included in the city's Capital Improvement Program. He said the Planning Commission ultimately voted to exclude all of Tract A7 from the annexation plan. The staff's recommendation was to annex all of Tract A7 except Nueces River Estates and Lindgren River Lots. Responding to Mr. Heldenfels, Mr. Utter said with the exception of the two subdivisions in Tract A7, the rest of that tract is undeveloped (although part will eventually be developed as the new city golf course adjacent to the factory outlet mall). T Minutes Regular Council Meeting November 21, 1995 Page 11 Council Member Best made a motion to exclude Nueces River Estates and Lindgren River Lots in Tract A7 from the annexation proposal, and to make a finding that it is in the public interest to do so; and to consider annexation of the rest of Tract A7. Mrs. Longoria seconded the motion, and it passed unanimously. Mr. Charles Wilson, Route 4, Robstown, said he lives on a small farm in Tract A6 south of FM 624, fronting on Road 69. He questioned the proposal to annex that area, saying he felt the growth there was already being controlled through the city's extraterritorial jurisdiction, and development was not likely, particularly due to drainage problems. In reply to Dr. Best, Mr. Utter said if Mr. Wilson's property was annexed, his city taxes would be based on an agricultural exemption as long as his property remained agricultural and undeveloped. Dr. Best then made a motion to close the public hearing, seconded by Mrs. Longoria, and passed unanimously. Mr. Heldenfels echoed Mr. Wilson's concerns about annexing Tract A6. Mr. Utter used a map to illustrate how Mr. Wilson's property lies between two areas on FM 624 which are experiencing developmental pressure. He added that if Mr. Wilson' property was annexed, he would receive police and fire protection, code enforcement, and vector control services. Mr. Wilson noted that he receives water services from the city of Robstown. Responding to Mrs. Longoria, Mr. Utter pointed out that River Ridge subdivision is located to the north of Mr. Wilson's property and Riverside Hospital and Wal-Mart are nearby. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5 through 18, and Council Members requested that Items 8 and 10 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M95-335 Motion approving appointment of Joe Adame to the Corpus Christi Downtown Management District for a term ending June, 1998. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting November 21, 1995 Page 12 6. M95-336 Motion approving supply agreements for food items which include canned and frozen fruit and vegetables, meats, condiments, etc. with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG 95-3 based on low bid, for an estimated six month expenditure of $77,784.12. The term of the agreements shall be for six months with an option to extend for up to an additional three months, subject to the approval of the suppliers and the City Manager or his designee. Funds are budgeted in FY 95-96 by Senior Community Services. Sysco Foods Corpus Christi. Texas $30,997.55 U.S. Food Services, Inc. Corpus Christi. Texas $23,920.69 Grand Total: $77,784.12 Labatt Food Service Corpus Christi. Texas $22,865.88 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 7. M95-337 Motion authorizing the City Manager or his designee to execute a software support agreement in the amount of $22,920.63 with Genasys II, Inc. for a period of one year with an option to extend the agreement for two additional one-year periods. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 9. M95-339 Motion awarding a contract in the amount of $145,900 to Black & Veatch for engineering services for the Water System Distribution Master Plan Update. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 11. ORDINANCE NO.022413 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Minutes Regular Council Meeting November 21, 1995 Page 13 Agreement with I. Goltzman and Sons for the right to construct, operate and maintain an 8 foot by 9 foot canvass awning at the front entrance of Crawdaddy's Restaurant located at 414 Stan Street. The awning will be installed within City right-of-way; and establishing a fee of $100. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12. ORDINANCE NO.022414 Ordinance amending Ordinance 021691 passed and approved on June 22, 1993 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on the following streets included in the Wynn Seale Area Street Improvements - Phase II project: 16th Street - Ayers to Cole Street 17th Street - Ayers to Cole Street 18th Street - Ayers to Cole Street Cole Street - 15th Street to 18th Street An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Article II, Building and Housing Standards Code, Section 13-23, Establishing of Organization to enforce Article; Building Standards Board Subsection (a)(1)(i) to change the composition of the Building Standards Board; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14. ORDINANCE NO. 022425 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 costs of court; providing for severability; specifying an effective date; and providing for publication. Minutes Regular Council Meeting November 21, 1995 Page 14 The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 15. ORDINANCE NO. 022426 Authorizing the City Manager or his designee to execute a five year lease with the Corpus Christi Model Railroad Club, Inc. ("Club") for the use of city property at 821 Louisiana for recreational purposes in consideration of Club maintaining the facility and assigned grounds and opening the facility to the public; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 16. ORDINANCE NO. 022415 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. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17. ORDINANCE NO. 022416 Closing and abandoning a 1,250 square foot portion of a 10 foot wide utility easement located between Lots 3R and 4R, Henton 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 second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18. ORDINANCE NO, 022417 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 r Minutes Regular Council Meeting November 21, 1995 Page 15 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 second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." ************* Mayor Rhodes opened Item 8, Geographic Information System software licenses. Council Member McNichols asked staff to briefly explain the Geographic Information System. Mr. Carl Crull, Group Manager for Public Works and Utilities, said the staff had been working on this system for quite some time. He said the software licenses being recommended for purchase on the day's agenda would allow for additional workstations to proceed with the GIS utility layers within the two-year work schedule. Mr. Crull described how the system would be useful once it is fully operational. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. M95-338 Motion authorizing the City Manager or his designee to purchase additional Geographic Information System (GIS) software in the amount of $46,403 from Genasys II, Inc. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, new Central Power and Light (CPL) rate case. Responding to Council Member Best, City Attorney Bray said he believes that the Public Utility Commission is considering different possibilities with regard to a competitive electrical energy market, and they are supposed to provide a report during the next session of the Texas Legislature. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 21, 1995 Page 16 10. RESOLUTION NO. 022412 Resolution suspending the operation of proposed rate schedules filed by Central Power and Light Company for a period of ninety (90) days beyond the date on which such schedules would otherwise go into effect; providing that the rate schedules and service regulations of CPL shall remain unchanged during the period of suspension; providing for the joining of the coalition of cities reviewing CPL's rate request; authorizing the steering committee's selection of attorneys and experts to investigate the rate request of CPL and advocate cities' interests; specifying no expenditure of city funds; and requiring payment by CPL of reasonable costs for attorneys and consultants in accordance with state law. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said staff would bring a recommendation on the Garwood Irrigation District during the November 28, 1995 Council meeting, as well as a resolution concerning the Air Quality Committee. Mayor Rhodes called for Council concerns and reports. Council Member John Longoria referred to a recent article in the local newspaper concerning the status of the La Plaza project (the old Frost Brothers building). He said that since one of the developer's deadlines had passed, he felt that the city should give her an extension in order to continue pursuing some financing possibilities. Mr. Garza said he could bring back some options for the Council to consider, adding that staff was working with the developer. Mr. Longoria also asked about the possible appointment of a staff liaison to stay abreast of legislative matters affecting the city. Mr. Garza replied that he and City Attorney Bray had been investigating the issue and he would make a recommendation to the Council in the future. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Willis Johnson, 5421 Eden Lane, thanked Council Member Martin for responding to residents' concerns with Javelina Refining. He said the residents had experienced many health and safety problems due to their proximity to that plant, and he said they would be forwarding all of their future concerns to representatives in Washington, D.C. Mr. R.F. Hasker, 1813 Wallace, questioned the proposal to form a drainage utility. Minutes Regular Council Meeting November 21, 1995 Page 17 Mr. John Webb, 414 Starr, asked about the status of placing an awning at Crawdaddy's Restaurant, and he was informed that that item passed during the day's Council meeting. He also asked about loading zones, and Mr. Garza said staff would meet with him following the meeting. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 4:35 p.m. on November 21, 1995. * * * * * * * * * * * * *