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HomeMy WebLinkAboutMinutes City Council - 03/19/1996I 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 March 19, 1996, which were approved by the City Council on March 26, 1996. WITNESSETH MY HAND AND SEAL, this 26th day of March, 1996 Armando Chapa City Secretary SEAL , jeRUfILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 19, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. David McNichols Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Best, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Martin. 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 March 5, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mr. Luis Garza, Chairman of the Loan Review Committee, presented a special letter of appreciation to Mrs. Ernest Carter in recognition of her husband's contributions to that committee and to the community as a whole. Mrs. Carter thanked the Council and the members of the Loan Review Committee on behalf of her husband, who passed away last November. Council Members McNichols and Betty Jean Longoria spoke highly of Mr. Carter's enthusiasm and dedication. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting March 19, 1996 Page 2 Building Standards Board Harvey Houston (Reappointed) D. Ray Jones (Reappointed) Oil & Gas Advisory Committee Robert Chancey * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 4, the first reading of an ordinance concerning adult businesses with undesirable secondary effects, and a related zoning ordinance amendment. City Manager Garza called the proposed ordinance a "quality of life" ordinance. He said that numerous studies throughout the country over the last 20 years have shown that adult businesses -- including topless bars --harm neighborhoods. They increase crime (especially sex crimes), reduce property values, and contribute to blight in residential and commercial areas. The courts have recognized these studies and have held that while such businesses cannot be banned, their locations can be limited and they can be regulated. Mr. Garza then reviewed the major aspects of the proposed ordinance: new adult businesses will be located in "I-3" zoning, 1,000 feet from residential districts and 1,500 feet from each other; existing businesses will be allowed to operate as nonconforming uses for 10 years, subject to termination if they cease operating for six months; and licenses will be required, in addition they may be revoked, primarily for violation of sex-related laws. Mr. Garza also discussed recommended changes to the ordinance that went to the Planning Commission, which were made after considering comments from some of the topless bar owners. Responding to Council Member Cooper, City Attorney Bray discussed aspects of the ordinance concerning revocation of a permit based upon convictions for certain offenses. Mrs. Cooper said she felt that provision would create evidentiary problems. Mr. Garza pointed out that the Chief of Police would be required to "notify a permittee within 10 days when a charge is filed against a customer which, upon conviction, would count as one of the three violations of Section 48- 24(a)(1)." In reply to Council Member Martin, Mr. Bray stated that the amendment to the zoning ordinance was being considered upon two readings, not as an emergency. Responding to another question from Mr. Martin, Mr. Bray said that the findings that the staff included in the adult business ordinance are important to support this type of an ordinance; in addition, the courts rely on such findings extensively. Minutes Regular Council Meeting March 19, 1996 Page 3 Council Member McNichols asked about the background material used to draft Corpus Christi's proposed adult business ordinance. Mr. Bray said staff used as a starting place an ordinance adopted by the City of Dallas that the Supreme Court ruled on in 1986. Dr. McNichols asked why staff recommended that 24 months be the maximum period in which three or more convictions could occur before an owner's permit could be revoked. Mr. Bray said staff felt that three or more convictions during that time indicates there is too much criminal activity occurring at a particular location. Dr. McNichols said he felt that the proposed ordinance was very complex, which Mr. Bray acknowledged. Mr. Bray added that it was necessary to define the conduct in question so that regulations can be enforced. He also noted that the Police Department has received inquiries from other adult businesses that are not currently located in Corpus Christi about the possibility of opening them here and whether there is an ordinance regulating adult businesses. In response to a question from Dr. McNichols, Mr. Brandol Harvey, Director of Planning and Development, said there were some isolated areas of "I-3" zoning downtown behind Heritage Park and on Corpus Christi Beach near Highway 181. Mr. Garza said that in order to protect against adult businesses being located near some of the city's family tourist attractions, special provisions were written to exclude them from certain areas. Dr. McNichols then asked about signage provisions in the ordinance, and Mr. Bray said that signs on new adult businesses would be limited, while the signs on existing businesses would be "grandfathered" along with the business itself. Mrs. Cooper suggested a change to the wording of the proposed ordinance regarding revocation of a permit for convictions, which Mr. Bray said staff could incorporate into the document for approval upon second reading. Council Member Heldenfels said he felt the studies used as a basis for the ordinance were not valid. Mr. Bray replied that staff strongly believes the studies are valid and the courts have unanimously accepted them as being valid. Council Member Betty Jean Longoria said she was concerned with the provision that would locate new adult businesses in "I-3" zoning, which is predominantly located in the district she represents --District 1. Mrs. Longoria specifically mentioned an area around Baldwin Boulevard and Old Brownsville Road that she was concerned about. Mayor Rhodes called for comments from the audience. Mr. Raymond Wimberly, 806 Alden Dr., said he opposed topless bars, and he requested that the Council enforce the Texas Penal Code and issue arrest warrants to all promoters of topless dancers and all wholesale promoters of harmful sign materials to minors. Minutes Regular Council Meeting March 19, 1996 Page 4 Mrs. Grace Rank, 3446 Flour Bluff Dr., spoke on behalf of the members of the Commission on Children and Youth, of which she is the Chairperson. In a position paper submitted to the Council, the Commission members agreed that the negative influence of sexually oriented businesses on the welfare of children requires a strong regulatory hand on the part of the City Council. Mr. Warren Wright spoke on behalf of Pastor Wiley Cameron of People's Baptist Church. He said adult businesses should be shut down, and he added that the City of Corpus Christi should represent the Body of Christ, for which it was named. Mr. Jimmie Till echoed Mrs. Longoria's concerns about adult businesses being located in "I-3" zoning in District 1, where he has resided for many years. Mrs. Pamela Woods, 1234 Nile, said she supported the ordinance regulating adult businesses, and she asked other members in the audience to stand and show their support for the ordinance. Mr. Marion Curington, a real estate appraiser in Corpus Christi, expressed concern about the amortization time period. He said since many of the topless bars are leased, investments can be recouped sooner than 10 years. He also asked the Council to be fair to homeowners who have lost much of the value of their homes, saying that sexually oriented businesses do have a negative effect on property values. A citizen who said he was a teacher in the Corpus Christi Independent School District said he supported the ordinance. He asked that the ordinance clearly state that a second business owner not be able to extend the 10 -year amortization clause to recoup his investment. Mr. Bray said the second owner would not receive an additional 10 -year amortization period. Ms. Donna Flake, 7410 Lugano, implored the Council to consider a limit to the number of transfers that can occur within the amortization period in order to protect neighborhoods from further blight. Mr. Carlos Rodriguez, 5121 Curtis Clark, said he works at Bottoms Up (a topless bar). He said the Police Department needed to concentrate on closing down crack cocaine houses and breaking up gangs rather than regulating adult businesses. Mr. Herb Kinard, 4629 Donegal Dr., said alcohol and pornography have a long history of destroying people and even nations. He said he opposed adult businesses. Mr. Grady Jackson, 722 Alden, said God did not create women as instruments of vice, and he said that adult businesses were not good for Corpus Christi. Mr. Leon Perez said that no one had the right to tell anyone else how they can earn a living. Minutes Regular Council Meeting March 19, 1996 Page 5 Ms. Pamela Stiles, a realtor in Corpus Christi, said one of her residential listings is located next to a topless bar, and it has not had any interested buyers in the six months it has been on the market. She said having a house located next to an adult business does decrease the property value. Mr. Ken Matthews, 4848 S. Alameda, said there has been much hearsay recently about "gentlemen's clubs." He said there were five very important issues in Corpus Christi, one of which was gang violence. Mr. Leo Duran, 637 Naples, said he was an attorney representing four local adult businesses. He called the exposure and public lewdness sections in the proposed ordinance "grossly unfair." Ms. Eleanor Rector, 1233 2nd St., said she was outraged that businesses which she says exploit women were given preferential treatment by the city. Ms. Jackie Jackson said she works at Pepper's (a topless bar) and lives near there. She said topless bars are being singled out because the way the employees eam their living is not approved of by some people. She added that according to a local news report, the causes of criminal activity are poverty, gang activity, homelessness and drug abuse. She submitted that information to staff. Ms. Victoria Chambers, 3802 Caravelle, said the U.S. Constitution was based upon freedom of religion, free enterprise and expression. Mr. Carl Michaels, 317 N. Chaparral, said that while he felt the amortization period was too long, he was willing to accept it if the regulations of adult businesses could be enforced. Mr. Clark Flato, a commercial real estate broker and certified general appraiser, submitted an analysis about the real estate values of properties around local adult businesses. He said that the vast majority of the clubs do not represent any impediment to new growth or demand for property in the neighborhoods. A woman who said she makes costumes for many of the dancers in the local topless clubs said they are just trying to earn a living. Ms. Jeanine Bailey, 5956 Williams, said she lives across the street from Bottoms Up. She blamed robberies in her area on the gang activity occurring at a nearby housing project. She added that the business at Bottoms Up was not disruptive. Ms. Tenese Bassett, 957 Bramling, said the common sense aspect of this issue is protection for women and children. She said common sense tells you what occurs when alcohol, pornography and men are mixed, and she objected to the fact that adult businesses are located so close to neighborhoods and schools. Minutes Regular Council Meeting March 19, 1996 Page 6 Mr. David Ives, 5926 Flagstaff Dr., said that Mrs. Longoria's comments validated the concerns about those opposed to adult businesses: the fact that she does not want them located in her district indicates they are not favorable businesses in any district. Ms. Carolyn Wickham, 5422 Stonegate Way, said she was an accountant who worked for many of the topless clubs in town. She emphasized that the bars are licensed and they pay a variety of taxes. She said she has not witnessed any problems at those businesses. A man said that citizens had a common core belief and system of principles, which have been strayed from via the adult businesses. Ms. Delia Wimberly, 4822 Merrimac, said she supported relocating the sexually oriented businesses into "I-3" zoning, but she said there should be a shorter amortization period of 90 days to three years. She submitted the signatures of 50 citizens who felt the same way. Mr. Doug Meissner, owner of Bottoms Up, said Corpus Christi's proposed ordinance was more restrictive than similar ordinances in other Texas cities. He expressed concern about the "three strikes and out" clause, noting that over 400 people come to his club on Friday nights and he should not be responsible for the action of every customer. He also questioned the power given the Police Chief in the ordinance. Mr. Richard Beck, representing Fantasy (another topless bar), echoed Mr. Meissner's objections to the "three strikes" clause and the Police Chiefs and police officers' power over regulating adult businesses. He said this ordinance was much too restrictive. Ms. Christine Cervantes said she works at Bottoms Up. She noted that the adult businesses would not exist if the demand for them did not exist. Ms. Irma Jimenez, 3609 Tripoli, said she lives near a topless bar and she is forced to prohibit her children from walking around the block because of the bar there. She said freedom of speech and freedom of choice should not affect the rights and comforts of others. Ms. Barbara Fox, 2425 Cricket Hollow, urged the Council to retain the "three strikes" clause, saying the adult businesses should be above the law just as any other business is. She said the fact that they do not want police present shows they have something to hide. Ms. Hope Michaels, 3635 Longview, said she has been a long-time member of Gardendale Baptist Church, which has not received any complaints from neighboring residents. Mr. Larry Barcroft, 5349 Crossridge, (who appeared with his family) said he was self- employed and has been looking for another location out of the city limits due to concern about crime Minutes Regular Council Meeting March 19, 1996 Page 7 and the influence of adult businesses. He said veterans who died for their country did not die for the sake of adult businesses but for families such as his. Mr. Tracy Barrett, 4006 Marion Circle, asked the Council to tell him how to answer his children's questions about adult businesses. Mr. Phil Rosenstein said topless bars are not to blame for the city's crime problem; the problem is insufficient police protection. Mr. J.E. O'Brien, 4130 Pompano, pointed out that the zoning ordinance was listed in the agenda support material as an emergency item, and Mayor Rhodes replied that that issue had already been resolved and it is a two -reading ordinance. Mayor Rhodes then called for concluding statements by representatives of those opposed to and in support of the proposed ordinance. Mr. Bill May, a criminal attorney, criticized different aspects of the proposed ordinance. He gave reasons why he believed the Police Chief should not be the person who decides whether or not a business's license should be revoked due to convictions, including standard of proof, due process, and equality of justice. Mr. Jerry Benadum, an attorney representing Fantasy and Bottoms Up nightclubs, said the owners had not been afforded due process or equal protection of the law. He questioned whether there was any evidence illustrating that topless clubs in particular are a problem in Corpus Christi. He submitted a study conducted by a professor at Texas A&M University -Corpus Christi refuting the Police Department's statistics regarding crime at adult businesses. Mr. Benadum discussed three recommendations he wished to make: permanently "grandfathering" existing topless clubs; allowing revocation of a permit based upon the Texas Alcoholic Beverage Commission's (TABC) regulation of topless bars; and holding in abeyance suspension or revocation of a permit until an appeal is completed. He also asked the Council to reconsider whether topless bars should be included in the ordinance at all. Mrs. Susan Barrett, 4006 Marion Circle, said she represented many families who were very much in favor of the ordinance and who have been suffering from the negative effects of the adult businesses in their neighborhoods. She suggested the following changes to the proposal: tie the amortization period to the 16 existing adult businesses and not to the property on which they are situated (she pointed out that nine of the bar owners lease their land); the existing businesses should be limited to one transfer of ownership during the 10 -year period; and a subsequent owner should not have an additional 10 -year period in which to recoup his investment nor be able to file an extension. She asked the Council to consider a shorter amortization period, since many of the current businesses have been operating for some time and have recouped their investment. She Minutes Regular Council Meeting March 19, 1996 Page 8 noted that 10 years is not a long time in the life of a city, but it is a long time in the formative years of a child's life. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. * * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Responding to Council Member Best, City Attorney Bray said that if the person holding a permit for a topless bar received three convictions for specified offenses within 24 months, the permit would be revoked, but the business could still operate as a bar and be regulated by the TABC. Mr. Bray also defined what constitutes a "topless" bar. Dr. Best emphasized that, if approved, the proposed ordinance would not shut down the existing topless bars; rather, after 10 years they could relocate to "I-3" zoning or they could continue to operate as bars alone. Council Member John Longoria discussed the possibility of creating a new zoning designation for adult businesses so as to prevent concentrating them in "I-3" zoning in District 1. Mr. Harvey pointed out that under current zoning patterns, approximately 91% of the "window" that exists 1,000 feet from residential zoning is already designated as "I-2" and "I-3" zoning, the majority of which is located in District 1. Mr. Harvey used a map to illustrate that point. Mr. Longoria then asked to what extent the topless bars are regulated by the TABC. Mr. Bray replied that there are some other TABC regulations in addition to those concerning alcohol, such as public lewdness. He said he has been told that the TABC does not have sufficient resources to enforce their regulations. He emphasized that the focus of the city's proposed regulations was adult businesses, while the TABC dealt primarily with alcoholic beverage establishments. In reply to another question from Mr. Longoria, Mr. Bray said that cases brought against the cities of Houston and Dallas which were cited in Corpus Christi's ordinance involved topless bars. Mr. Longoria said he did not think the city had a reliable study which demonstrated that adult businesses contribute to urban blight and deterioration. Mr. Bray said staff had furnished the Council with a huge volume of material which has been persuasive to the courts, and he said staff could condense and highlight some of that information. Mr. Longoria asked about the likelihood of this ordinance being challenged. Mr. Bray said many other cities' ordinances had been challenged and upheld in the past, but he could not guarantee that there would not be a challenge in this case. He added that staff will continue to work with the Minutes Regular Council Meeting March 19, 1996 Page 9 adult business owners, saying that 10 years was a reasonable amount of time for them to recoup their investments and relocate if necessary. Mr. Bray said staff would consider comments made by opponents regarding due process. Replying to Council Member Heldenfels, Mr. Harvey explained that the Planning Commission received all of the same studies given to the Council; in addition, Mr. Harvey made a presentation during the commission's public hearing on this subject. Mr. Heldenfels said there was no credible evidence to support the Planning Commission's recommendation concerning the zoning aspects of the ordinance. A brief discussion ensued. Council Member Cooper suggested some new language for the proposed ordinance concerning permit revocation. She also proposed that a permit remain in place during an administrative appeal period. Mr. Bray said staff would include that provision. Council Member Black said the rights of the owners and employees of topless bars should be considered as well. She added that she opposed the 10 -year amortization period. In response to Council Member Martin, Mr. Bray said the amortization clause provided for a 10 -year nonconforming use which will commence upon final completion of the ordinance for any business that was in operation as of December 27, 1996. He said the nonconforming use would cease if the business ceased operation for six months. Mr. Martin said the provision allowing for extensions by the City Manager should be deleted, and he expressed concern about the future condition of the topless bars near the end of the amortization period due to lack of investment capital. Mr. Martin asked if the signs for existing adult businesses could be "grandfathered" a shorter period of time, and Mr. Bray said they could be. Mr. Martin also commented about the possibility of redefining the zoning classification for adult businesses other than just "I-3." He noted that even though a "red light district" would not result from the zoning classification, the perception of such a district would remain. Replying to Council Member Betty Jean Longoria, Mr. Bray said the recently approved industrial district contracts prevent those property owners from opening sexually oriented businesses. Mrs. Longoria asked if there was any way that citizens could protest the location of a sexually oriented business in "I-3" zoning if it met all of the provisions of the ordinance. Mr. Harvey replied that if the business were a topless bar and it tried to obtain an alcoholic beverage permit, there is a process associated with that. However, if the business was just seeking a building permit, as long as it met the requirements, it could receive a building permit. A brief discussion ensued. Mr. Garza said there were many issues that needed to be resolved before the second reading of this ordinance, and Mayor Rhodes said it was important that the ordinance be drafted correctly. Minutes Regular Council Meeting March 19, 1996 Page 10 Mr. Heldenfels questioned whether the ordinance could be amended so that the City Council is the vehicle by which a permittee's license is revoked. Mr. Bray said he would investigate that possibility. Mayor Rhodes thanked all those who testified during the public hearing, and she emphasized that the Council would continue to work with those concerned. She noted that what results will be a compromise of all the issues raised. City Secretary Chapa polled the Council for their votes as follows: 4.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, by adding a new Chapter 48, Sexually Oriented Businesses; requiring permitting of sexually oriented businesses; regulating the location of sexually oriented businesses; defining sexually oriented businesses, specified anatomical areas and specified sexual activities; prohibiting specified sexual activities for consideration or in a sexually oriented business; providing 30 days to submit initial permit application; repealing Chapter 28, Massage Parlors; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels, and J. Longoria voting "No." 4.b. FIRST READING ORDINANCE Amending the Zoning Ordinance, by amending Article 3, Definitions by including sex parlors and deleting massage parlors in the definition of sexually oriented business; by amending Article 4A, "BD" Corpus Christi Beach Design District by deleting sexually oriented business as an excluded use in the "BD" Corpus Christi Beach Design District; by amending Article 21, "I-3" Heavy Industrial District by adding sexually oriented business as a permitted use in the "I-3" Heavy Industrial District; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels, and J. Longoria voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, Water Conservation Advisory Committee. Minutes Regular Council Meeting March 19, 1996 Page 11 City Manager Garza explained that the changes being proposed were to increase the membership of the committee to 30 and to include members who might reside within the service area of the city's reservoir system. In addition, the committee would include members at large, with one Council member to be appointed as an ex -officio member. Responding to Council Member Best, Mr. Garza said Mr. Herman Johnson was asked to be a member of the committee, representing commercial customers. Council Member McNichols noted that a number of the recommendations for membership came from previous committees concerning water conservation. He said this committee had a dual mission of water conservation and drought management. Since the advisory committee's first meeting is March 20, 1996, it was important that the members be cognizant of the issues involved. Council Member Heldenfels said there were no representatives of contractors on the committee. Mayor Rhodes called for comments from the audience. Mrs. Ann Middour, 5027 Lea Lane, asked about the drainage utility. Council Member Martin said it was important to address questions concerning the freshwater releases and other concerns in order to improve the public's understanding of the situation. Mr. Garza said staff has been discussing the issue of the freshwater releases with the Texas Natural Resource Conservation Commission. He also briefly described some of the elements of the drought management conditions. Responding to Mr. Heldenfels, Mayor Rhodes said he could suggest the name of a contractor to be included on the advisory committee. Mr. Martin made a motion to amend the ordinance so that the committee would consist of up to 32 members, and the motion passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 5.a. M96-067 Motion to amend, prior to second reading, by changing Section 2-230 (a) as approved on first reading as follows: There is hereby created the Water Conservation Advisory Committee which shall consist of a minimum of fifteen (15) members and not more than thirty-two (32) members. The advisory committee shall be appointed by the City Council to staggered three-year terms expiring each April and include members residing within the service area of the City's Minutes Regular Council Meeting March 19, 1996 Page 12 reservoir system, representing or nominated by the following types of persons: residential customers of the City's water system; commercial customers of the City's water system; industrial customers of the City's water system; municipal raw water customers of the City's regional water supply system; treated water customers of the City's regional water supply system; the South Texas Water Authority; the San Patricio Municipal Water District; the Port of Corpus Christi Authority; the Corpus Christi Board of Trade; Corpus Christi Independent School District; the Greater Corpus Christi Business Alliance; military facilities; landscaping and nursery businesses; builders associations; apartment owners associations; local media; and citizens at large. In addition, one Council member shall be appointed to serve as an ex - officio member of the committee. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 5.b. ORDINANCE NO. 022507 Amending the Corpus Christi Code of Ordinances, Chapter 2. Administration, Division 20. Water Conservation Advisory Committee, by adding Section 2-230. Water Conservation Advisory Committee: composition, organization, and duties which establishes a Water Conservation Advisory Committee to act as an advisory committee to assist the City Council in matters of water conservation, drought management and water resources management; providing for publication. The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." The following people were appointed to the Water Conservation Advisory Committee: Residential Customers - Richard Gonzalez, John McHugh; Commercial Customers - Bill Antonette, Herman Johnson, Jerry Kane; Industrial Customers - Don King, Allen Schoen; Municipal Raw Water Customer - Richard Garza; Treated Water Customers - Billy Dick, Dr. Russell J. Miget; South Texas Water Authority - Carola Serrato; San Patricio Municipal Water District - Gene Dressen, James Naismith; Port of Corpus Christi Authority - Capt. Tony Alejandro; Corpus Christi Board of Trade - Mark Smith; Corpus Christi Independent School District - Dan Davis; Greater Corpus Christi Business Alliance - Eugene C. Urban; Military Facilities - Charles D. Bird Jr., Terry S. Boone; Landscaping and Nursery Businesses - James Gill, Darlene Locke, Jim Parker; Home Builders Association - Richard Hessee; Apartment Owners Association - Caralee Dibble; Local Media - Dale Nelson; Council Representative - Dr. David McNichols; At -Large Members - Ray Allen, Mickey Garza, Robert Johanson, Douglas Matthews. * * * * * * * * * * * * * Minutes Regular Council Meeting March 19, 1996 Page 13 Mayor Rhodes opened discussion on Item 6, consideration of the process for hiring a new City Manager. She said that initially she was not in favor of hiring a search firm, but she noted that there were some very legitimate concerns if the Council were to conduct the search itself; primarily, the Council's ability to protect the confidentiality of an applicant (due to open records requirements). She noted that she had received some information from the Texas Municipal League, including a time table on recruiting and selecting a City Manager. Council Member McNichols said he wanted the process of selecting a new City Manager to be broad and all-inclusive, and the selection to be based on detailed information. He said the Council should hire a firm that has experience in that area. He added that the Council was also interested in qualified local candidates. Mayor Rhodes said that she supports the work of employment placement services, but she said she is biased against some large "head hunter" firms because they represent specific clients. She said she and the rest of the Council will have to ensure that that does not happen. Council Member Heldenfels said the Council should not choose a firm until it receives proposals from several. Council Member Cooper said she agreed with the search firm proposal. Council Member Betty Jean Longoria expressed reservations about hiring a search firm, and she stressed the importance of the Council being involved in the process. Council Member Martin said there were probably about five firms nationwide that had experience in this area, and he suggested that the Mayor solicit proposals from them, and then the Council could select a couple of them to interview further and to determine what instructions the selected firm should receive with regard to criteria for hiring the new City Manager. Mr. Martin added that since Mr. Garza had said his resignation would be effective June 1, 1996, the Council should have a closed meeting to determine who will serve as the acting City Manager because that person would need to be heavily involved in the budget process. Mr. Garza said he was convinced that he could present a budget to the Council by June 1 that had many viable options. Mr. Martin suggested that closed meetings be scheduled for the upcoming Council meetings in the event that the Council needs to have many discussions about this issue. Council Member Best said that through experience he learned that selecting a new City Manager is one of the most difficult things a Council has to do. Dr. McNichols reiterated that the Council needed to be involved in the process. Council Member Black echoed his comments. Council Member John Longoria asked if the Council should adopt a policy whereby any vacancies which may occur during the next 90 days in city management staff be allowed to be filled by the new City Manager. Mr. Martin suggested that a report be prepared addressing those issues. Minutes Regular Council Meeting March 19, 1996 Page 14 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 13, and Council Members requested that Item 9 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M96-068 Motion approving the purchase of five Automatic External Defibrillators from Physio - Control Corporation, Redmond, WA, for the total amount of $31,003.75, based on an only bid, in accordance with Bid Invitation No. BI -0137-96. The defibrillators are budgeted in the 1995-96 Capital Outlay by the Fire Department/EMS as replacements. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 8. M96-069 Motion approving the purchase of 2,100 sign blanks and 600 sign blades from Vulcan Aluminum, Foley, Alabama in accordance with Bid Invitation No. BI -0153-96 for $16,560 based on low bid. Funds are budgeted in FY 95-96 by Street Services. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 10. M96-071 Motion approving the assignment of two full maintenance contracts for two landfill garbage compactors from the Conley -Lott -Nichols Company to Compaction America, Inc., to provide all maintenance services under the same terms and conditions and fees as provided under the original contracts for the remaining of each of the contract terms. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 11. ORDINANCE NO. 022508 Ordinance authorizing the City Manager or his designee to execute an agreement with the State of Texas, acting through its Texas Department of Transportation (TXDOT), for the blanket coverage of various traffic signal improvement projects covering the installation, construction, operation and maintenance of freeway -type traffic signals by the Texas Minutes Regular Council Meeting March 19, 1996 Page 15 Department of Transportation in the City of Corpus Christi. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 12. ORDINANCE NO. 022509 Authorizing the City Manager or his designee to execute a ten-year lease with the Corpus Christi Art Foundation for the Art Museum of South Texas building, in consideration of Foundation operating the Museum for the benefit of the public and to further public appreciation of art. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 13. ORDINANCE NO. 022510 Authorizing the City Manager or his designee to execute a ten-year lease with the Corpus Christi Area Garden Council, Inc. for the use of the Garden Center in consideration of the Garden Council, or its member clubs providing educational or recreational programs in Corpus Christi annually for the term of the lease. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 9, purchase of heavy -walled steel pipe. Responding to Council Member McNichols, Mr. F.D. Glenn said there was no economic benefit from purchasing the pipe from a local supplier versus an out-of-town supplier. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M96-070 Motion approving the purchase of 1,265 feet of wrapped and coated 10" heavy walled steel Minutes Regular Council Meeting March 19, 1996 Page 16 pipe in accordance with Bid Invitation No. BI -0168-96 from Pipe Exchange, Ltd., Houston, Texas based on low bid of $15,749.25. This pipe will be used by the Gas Department in the Texas A&M University - Corpus Christi Cayo Del Oso Utility Crossing. Funds have been budgeted by the Gas Department in FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said staff will make a recommendation concerning the city's taxicabs during the March 26, 1996 Council meeting; in addition, a presentation is scheduled for that meeting by the Air Quality Committee on the city's proposed flexible attainment agreement. Other issues include routine administrative amendments regarding the drought contingency plan; a possible franchise for fiber optic cable access; an amendment to the agreement with the Buccaneer Commission; and a recommendation of Council endorsement of several projects involving state transportation funds, including a possibility of available funds to deal with the facade of the old Nueces County Courthouse. Mayor Rhodes called for Council concerns and reports. Responding to Council Member Martin, Mr. Garza said he felt a possible lawn watering ordinance should be first considered by the newly established Water Conservation Advisory Committee, and Mr. Martin agreed. Mr. Garza added that a suspension of cable channel public access use against the Coffee Club would be discussed during the first Council meeting in April. He said other issues scheduled for the March 26 meeting were the expansion of the Whitecap Wastewater Treatment Plant and the utility customer information and billing system. Mr. Martin also referred to letters the Council had received concerning personnel matters, and he pointed out that the Council had no role in that matter. In reply to another question from Mr. Martin, Mr. Carl Crull, Group Manager for Public Works and Utilities, said the Drainage Utility Committee members had been meeting and educating themselves about the situation, including whether or not they would recommend that a drainage utility be established. Council Member McNichols said the issue is not whether or not there will be a drainage utility; rather, the committee members were charged with addressing concerns about the equity of the distribution of charges for the utility. He suggested that the committee chairman meet with the Council to discuss the matter. Mr. Martin referred to the difficulty of categorizing bars and restaurants with regard to zoning classifications, and he said further discussion was needed on that subject and on the subject of the enforcement level of underage alcoholic consumption. Minutes Regular Council Meeting March 19, 1996 Page 17 Council Member Best asked about plans to renovate the Tower Theater, and Mr. Garza said he would look into it. Replying to another question from Dr. Best, Mr. Garza said regular maintenance is performed on the city's vehicles. Council Member Cooper said the organizational meeting of the Council of Neighborhood Associations will be held March 21 at 7 p.m., and it is open to anyone interested in improving their neighborhood. And on March 28 at 6 p.m. the first meeting will be held of the Teen Violence Task Force. Mrs. Cooper referred to upcoming traffic projects, and she said she would support the proposal for a lease/purchase of brush trucks for the Fire Department. Council Member John Longoria referred to comments he had made last week about the need to develop an overall crime fighting plan, and he emphasized that he had not intended for Police Chief Alvarez to respond to him alone, but to begin the process and to make recommendations to the whole Council. Mayor Rhodes suggested that that issue be placed on a future Council agenda for discussion. ************* Mayor Rhodes called for petitions from the audience. Mr. Neal Trolinger, 337 Stages Dr., questioned the use of hotel/motel taxes, and referred to Chapter 351 (Municipal Hotel Occupancy Taxes) of the Texas Civil Tax Code. He requested that this issue be placed on the Council's agenda. Mr. Buck Sosa, 3801 Devonshire, said he represents 400 firefighters in the collective bargaining process. He cited what he said were numerous breaches of their contract with the city, and he asked the Council to investigate his allegations. Council Member Martin urged the firefighters to work with city staff to settle their disagreements. Mr. J.C. Schanen, 13626 Vista Circle, said the firefighters have had ongoing grievances with the city, and he asked the Council to urge city staff to arbitrate with the union. Mayor Rhodes asked City Attorney Bray to outline the proper procedure regarding that arbitration and the Council's role in it. She asked that a copy be sent to Mr. Sosa. Mr. Andy Lacroix, 6322 Vincent, Vice President of the local firefighters union, said Mr. Garza and Fire Chief Adame do not recognize the association's role in representing its members. Mr. Isaac Valencia, 3122 Leopard, President of the Corpus Christi Police Officers Association, said there were concerns about the Vehicle Accident Review Board's rules and policies, which he briefly discussed. Mr. Garza said that during his eight years as City Manager he suspended only one police officer's driving privileges, and he emphasized that staff if very aware that the city's Minutes Regular Council Meeting March 19, 1996 Page 18 resources are limited. He noted that the city has been involved in some litigation due to the city's failure to consider employees' driving records off the job. Mayor Rhodes requested more information. Mr. Raymond Wimberly raised questions concerning information about Destec Energy Inc., eminent domain, the status of the old Nueces County Courthouse, and a study he had prepared about the cost of alcohol consumption to the city. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:10 p.m. on March 19, 1996. * * * * * * * * * * * * *