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HomeMy WebLinkAboutMinutes City Council - 06/11/1996I 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 June 11, 1996, which were approved by the City Council on June 18, 1996. WITNESSETH MY HAND AND SEAL, this 18th day of June, 1996 ando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 11, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Dr. Jack Best Betty Black Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols City Staff: Acting City Manager Bill Hennings Assistant City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Gus Sanchez, Segunda Iglesia Bautista, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of May 28, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * The Mayor announced that Item 29, the closed session pursuant to Texas Government Code Section 551.071 regarding Richard J. Herschbach, would not be held. Mayor Rhodes then read the following two proclamations: "Leadership Corpus Christi Day" designated as June 13, 1996; and "Ozone Action Day Awareness Season" designated as the months of June through October. Ms. Kellie Clark and Ms. Corina Saenz, members of the Leadership Class XXIV Steering Committee, said interested persons can contact the Greater Corpus Christi Business Alliance for more information about the Leadership program. Minutes Regular Council Meeting June 11, 1996 Page 2 Ms. Gretchen Arnold, a member of the Ozone Task Force, introduced the "Smog Frog," who will be appearing at several sites to promote awareness of the ozone action day program. Acting City Manager Hennings noted that last Sunday was an ozone action day --the second of the year --and the results were very favorable. He added that all of the gasoline sold at local filling stations is clean burning gasoline, either low reid vapor pressure or reformulated gas. Council Member Martin asked if the flexible attainment agreement had been signed. Mr. Hennings replied that it had not been signed, and the city is back in negotiations with Environmental Protection Agency (EPA) officials over some wording issues in the proposed agreement. Mr. Hennings explained that the city had inserted language that the EPA would agree not to redesignate non -attainment during the term of the agreement, which the EPA did not accept; consequently, a compromise is being sought. A brief discussion ensued, and Mr. Martin said he would like this subject to be on next week's agenda for a detailed presentation to the Council. * * * * * * * * * * * * * The day's first presentation was made by Mr. Ben Walker, President of the Recycling Coalition of Texas (RCT), who presented three recycling awards: to Mayor Rhodes for Corpus Christi's sponsorship of the Texas Recycles Day Fair, judged as the "Best Recycling Special Event in 1995"; to Mr. Ray Vander Bloemen, a City of Corpus Christi Master Composter Program participant, who was selected as RCT's "Volunteer of the Year"; and to Estela Garcia, the city's Waste Reduction Program Manager, who received the "President's Award" for her outstanding commitment and leadership as an RCT activist. Mr. Walker also commended Mr. Bob Bruner, Director of Solid Waste Services, for his efforts in the recycling program. The next presentation regarded Vision 2000, and Mayor Rhodes read a proclamation designating June 15, 1996 as "Vision 2000 Day" in Corpus Christi. Three Vision 2000 Planning Committee members, Ms. Brooke Sween -McGloin, Ms. Suzelle Mendieta and Mr. David Underbrink, noted that over 25,000 volunteer hours were invested by more than 2,000 people in the process, which has resulted in a planning document that will be presented on June 15. In addition, a time capsule will be held at City Hall for 10 years and then reopened to gauge the city's progress. The last presentation was about the Community Progress Partnership (CPP), which is being co-chaired by Mr. Al Jones and Judge Eduardo de Ases. Mr. Jones discussed the group's mission statement and the process of soliciting input from the community (including two phases of public meetings). He said there are a number of alternatives for funding various projects, and he emphasized that the CPP was not a "half -cent sales tax" committee; rather, they are trying to determine the community's needs and how to fund those needs. Responding to Council Member Best, Mr. Jones said there are many people involved in the CPP who are also heavily involved in Vision 2000, and it has always been the CPP's intent not to Minutes Regular Council Meeting June 11, 1996 Page 3 duplicate the work of Vision 2000, but rather to implement some of the ideas expressed during Vision 2000. Judge de Ases added that the CPP members plan to keep the Council fully informed of their progress. Council Member Betty Jean Longoria asked how the public meetings will be publicized, and Mr. Jones replied that there will be a public awareness campaign to do that. Council Member Martin reiterated that the Community Progress Partnership was not an attempt to replan but to implement some of the goals of Vision 2000. Council Member Black urged members of the community to attend the public meetings in order to have their concerns expressed. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Corpus Christi Regional Transportation Authority Robert Jones (Reappointed) Karen Moody (Reappointed) Arnold Gonzales Jr. (Reappointed) Thomas Matthews (Reappointed) Laurie Cook Food Services Advisory Committee Michael Pollog (Reappointed) D.W. Haven Municipal Arts Commission Stewart Neely Victor Martinez * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, regarding the Texas Natural Resource Conservation Commission (TNRCC) public hearing on a permit to transfer water from Lake Texana to the Coastal Bend Region scheduled at 10:00 a.m. on June 18, 1996 in Corpus Christi at Del Mar Richardson Auditorium. The Mayor noted that June 18 was a Tuesday, and she asked whether the Council wished to Minutes Regular Council Meeting June 11, 1996 Page 4 hold its regularly scheduled Council meeting that day at 2:00 p.m., or reschedule it for another day. A brief discussion ensued about different options. Responding to Council Member Martin, Mr. Hennings said that staff was recommending that Mayor Rhodes and Council Member McNichols both make presentations at the TNRCC public hearing. Dr. McNichols commented about other public hearings at which he has given presentations, as well as the significance of this public hearing. Council Member Cooper said it was important for the Council members to be recognized as a body during the hearing and to sit in a designated area. Mr. Hennings pointed out that the public hearing will consist of two parts: the first will be the hearing examiner's decision about whether the irrigators around Lake Texana have status to request a public hearing. If Corpus Christi receives a favorable decision, the permit should be issued within a few months; if it is unfavorable, it could be delayed a year or more. The other part of the June 18 public hearing is the request of the TNRCC to receive public commentary about the permit application. Mr. Tim Brown, an attorney with Brown & Potts, which represents the city's water interests to the TNRCC, discussed the June 18 public hearing. He noted that if this is the most important issue facing the city, then the Council's absence will be conspicuous. He said depending on how the meeting is proceeding, the Council could ask the hearing officer during the lunch break that they be excused in order to attend their regularly scheduled meeting. Mr. Brown reminded the Council that during the May 8, 1996 meeting of the TNRCC, the three Commissioners delegated to the state Office of Administrative Hearings the decision of whether or not persons who hold term water rights (the irrigators) have the standing to petition the TNRCC to ask for a hearing in the city's matter. The irrigators' position is that if Corpus Christi receives the authority to move the water from Lake Texana to Corpus Christi, they will not be able to renew their water rights. Mr. Brown said the city's position is that the water in Lake Texana has been appropriated to the Lavaca-Navidad River Authority (LNRA) and the Texas Water Development Board since 1972, and if the city is denied the opportunity to use that water, then the TNRCC--as a matter of public policy --is encouraging waste of the resource. Mr. Brown further explained what will probably occur during the public hearing. He noted that the TNRCC Commissioners have already ruled that a taxpayer has no interest in this issue any different than the general public at large. He added that a written transcript of the proceeding will be prepared to use as a resource later. Mr. Gary Bushell, Vice President of the Greater Corpus Christi Business Alliance, said his goal is to organize public comment in favor of the interbasin transfer permit. He said it is important to emphasize that this is a regional issue, therefore, there will be representatives of the seven counties that are served, which equates to about 500,000 people. He noted that since this is also a long-term as well as regional issue, it would be helpful to appoint a Regional Water Supply Task Minutes Regular Council Meeting June 11, 1996 Page 5 Force that could meet before the hearing next Tuesday so that they could pass a resolution of support for the granting of the permit. He said they will also be working with other groups, such as the Black Chamber of Commerce and the Hispanic Chamber of Commerce among others, which are affected by growth and the use of water in Corpus Christi. Mayor Rhodes asked if there was a consensus among the Council that they would attend the public hearing at 10 a.m. July 18 with the expectation that they will be heard early on the agenda, and then excuse themselves for their own Council meeting. She said if necessary, Dr. McNichols could stay at the TNRCC meeting to continue to help represent the city's position while the Mayor returns for the Council meeting. The Council agreed. The Mayor then referred to a list of members of the Water Supply Task Force, which will be co-chaired by Dr. McNichols and Mr. Jerry Kane. She said that due to time constraints, not all of the members had been confirmed, so there may be some replacements. Mayor Rhodes also thanked Dr. Michael Speed, Mr. Bernard Paulson and other members of the original task force that had worked diligently on this issue. Council Member John Longoria asked how the mission of the new task force had changed from the original one. Mayor Rhodes replied that after extensive discussion and research, the first task force has brought the city to this point, particularly determining the most reliable and economic source of water for the area in the future. She said since time is of the essence, the new task force must work under the assumption that the interbasin transfer will be granted and they will need to determine the most feasible way to bring the water to this area, as well as how to fund it. Mayor Rhodes called for a voice vote on the appointment of the members to the Water Supply Task Force, and the vote was unanimous (with the understanding that some replacements may be made for people who are unable to serve). Mr. Kane explained that the Water Conservation Advisory Committee has been meeting every two weeks, and the current focus is the Condition III trigger levels, and the actions needed to ensure an adequate water supply. He said that additional issues that will need to be discussed include methods to reduce reservoir system losses to evaporation, additional sources of water, and continuing conservation methods. Mayor Rhodes opened discussion on Item 7, option to purchase Garwood water rights. Council Member Martin noted that this issue had been discussed at length in the past, and this was an update on the situation. He asked staff to schedule another discussion of this issue beginning in November prior to the expiration of the purchase option on December 31, 1996. Minutes Regular Council Meeting June 11, 1996 Page 6 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. jvi96-161 Motion approving the recommendation that the option to exercise the right to purchase up to 35,000 acre feet of water rights from Garwood Irrigation Company expiring December 31, 1996 not be exercised at this time, and that further consideration be given to exercising the option prior to December 31, 1996 and that the City Manager be directed to initiate the necessary action to enable the City to do so prior to December 31, 1996 should the City Council desire to do so. The price will increase from $440 to $450 per acre foot on July 1, 1996 and monthly option contract payments will continue at $25,000 and will apply to the purchase price at the time a successful purchase price is completed. 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 8, amending the drought contingency plan. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article XII, Water Conservation, Sections 55-151, 55-155, and 55-156 and the Water Conservation and Drought Contingency Plan regarding measures for effluent distribution, use of effluent and gray water, and the Drought Contingency Plan Penalty provisions; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; B. Longoria and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 9, collective bargaining agreement with the Corpus Christi Police Officers' Association. Minutes Regular Council Meeting June 11, 1996 Page 7 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M96-162 Motion authorizing the City Manager to execute an agreement pursuant to collective bargaining negotiations between the City of Corpus Christi and the Corpus Christi Police Officer's Association for the period August 1, 1995 through July 31, 1998. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, Martin, and McNichols voting "Aye"; B. Longoria and J. Longoria absent. Council Member Martin requested that the Council have input at the beginning of other negotiations that will take place, and Mr. Hennings said they would. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 10 and 11, property acquisition for the Gateway Project. Mr. Tom Utter, Assistant City Manager for Development Services, said Item 10 involved the Texas Department of Transportation (TXDOT) releasing property from Mesquite Street to Shoreline Boulevard to the city, which will allow the Gateway Project to move forward. He said staff intends to present a more detailed presentation during a Council meeting in August. He added that staff has reached a tentative agreement with the U.S. General Services Administration --which is subject to Council approval --for the purchase of land for a new federal courthouse. Mr. Utter said Item 11 is a resolution asking the Texas Transportation Commission to release another piece of property in the area of the Gateway Project, as well as a motion requesting the Nueces County Commissioners Court's support of the city's resolution. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO 022594 Resolution accepting the provisions of Texas Transportation Commission Minute Order 106845 releasing the easement on Lot 5 and Quitclaiming Lots 2, 3, and 4 to the City of Corpus Christi for the Gateway Project. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Minutes Regular Council Meeting June 11, 1996 Page 8 Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. 11.a. RESOLUTION NO. 022595 Resolution requesting the Texas Transportation Commission to take the appropriate action to remove that portion of IH -37 and U.S. 181 right-of-way (ROW) bounded by the two roadways and Mesquite Street from the federal and state highway systems and that the land be conveyed to the City of Corpus Christi by the appropriate means. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. 11.b. M96-163 Motion requesting Nueces County Commissioner's Court to support the City's request for release and conveyance of highway right of way to the Texas Transportation Commission. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining. * * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 12, regulation of adult businesses. Mr. Hennings summarized the major provisions in the ordinance thus far, which was passed on first reading on March 19, 1996: any new adult business would have to be located in the "I-3" Heavy Industrial zoning district; located at least 1,000 feet from a residential zoning district and 1,500 feet from another adult business; and the Council amended to also require that a business be at least 1,000 feet from any existing residence, even though the residence may be located in a business or industrial district. Secondly, the existing businesses which do not conform to those regulations would have seven years to continue at their present location; and third, the "three strikes and out" provision about violations by customers and employees of an adult business has been removed from the ordinance. Consequently, a permit would only be revocable on a violation by an owner or the spouse of an owner. Mayor Rhodes called for comments from the audience. She thanked those who have spoken during several meetings for their courteous behavior while addressing this controversial issue. Minutes Regular Council Meeting June 11, 1996 Page 9 Ms. Dee Huber said the Council could change zoning designations at will; she added that if she wished to buy a business, she should be allowed to do so. Mrs. Susan Barrett said she still feels that adult businesses contribute to increased crime and deterioration in neighborhoods while decreasing the value of surrounding properties. She thanked all the Council members who supported the ordinance, asking them to finally pass it in order to protect citizens. Mr. Leon Perez, 904 Buford, said he did not object to locating the adult businesses in the "I- 3" district, but he said there were video stores selling pornography. Mr. Leo Duran, a local attorney representing several adult businesses, said that while regulatory aspects of the ordinance had been removed, the approval of the seven-year amortization period has resulted in a diminution of the value of the existing adult businesses, which will continue until they are worthless. Mr. Doug Meissner, owner of Bottoms Up, said that had he known several years ago that the regulations for adult businesses would change, he probably would have opened another kind of business. He said the ordinance robs him of his pension plan, and he asked the Council to consider a longer amortization period for the existing topless bars. Mr. Fred Braucht, 10761 Emmord Loop, questioned whether the amortization period would force the existing businesses to shut down after seven years. He said they could maintain their clientele after they relocate to the "I-3" district. Mr. Ken Wellborn, a resident of District 1, said it was not coincidental that morals continue to decrease while crime statistics and revenues from pornography and sexually oriented businesses increase rapidly. He urged the Council to pass regulations of adult businesses. Mr. Chester Pakebusch said he lives in the "I-3" district, and he encouraged the Council to approve the amended ordinance. Ms. Jackie Jackson, a dancer at Pepper's, said she was angry at people who blamed the city's problems with gangs and youth violence on topless bars, which she said were intended for adults. She added that an empty, decaying building hurts adjacent property values much more than an adult business that pays taxes and provides jobs. Ms. Ludell Adair, who owns Pepper's, said her business has a legal right to exist, and when she opened it in the current location, it was properly zoned. She said the rules have changed, and she urged the Council to reconsider the seven-year amortization provision. Minutes Regular Council Meeting June 11, 1996 Page 10 Mr. Gerald Benadum, an attorney representing some of the topless clubs, discussed specific aspects of the ordinance. He said in the section pertaining to information that is provided on the application for a permit, the Chief of Police has discretion to revoke a permit if he determines that that information was materially untruthful, as distinguished from fraudulent. He said he thought the staff had been instructed to remove the regulatory aspects of the ordinance that cause the need for the appeal provisions. Mr. Benadum said the Council did not have adequate evidence that the sexually oriented businesses are causing the problems that are delineated by the "whereas" clauses at the beginning of the ordinance. Referring to the amortization provision, he said the rules for existing businesses should not be changed. Mr. Benadum added that much of the topless bars' clientele are visitors to the city, and they will be forced to go to the heavy industrial area of the city if they wish to visit an adult business. He said free enterprise and free speech should be the overriding concern, adding that the public did not support the ordinance. Mrs. Pam Woods said she had previously worked as a banker, and banks are heavily regulated, which is what adult businesses should be as well. With regard to the amortization period, she pointed out that a topless club could decide not to continue operation as a sexually oriented business at the end of the seven years but remain a bar, allowing it to stay in its current location. Mrs. Woods referred to an aspect of the revocation of a permit, and she reiterated her assertion that the ordinance was very necessary. Council Member Heldenfels said he would continue to oppose the ordinance, and he did not think it was justified by the evidence presented. Mayor Rhodes acknowledged that there were some Council members who would have liked the ordinance to be more restrictive, and others who would prefer more leniency, but the process called for compromise in order to reach a consensus. She said she disagreed with Mr. Benadum, saying that public opinion did support the ordinance. The Mayor added that the evidence of the undesirable secondary effects of adult businesses had already been upheld by the Supreme Court, noting that Corpus Christi's ordinance was probably one of the most liberal such ordinances to be passed. Council Member John Longoria asked what the penalty was for not having a permit. Assistant City Attorney Norbert Hart said it was a violation of the City Code and punishable in accordance with Section 1-6. Mr. Longoria then asked what would be the basis for granting an extension after the seven-year period. Mr. Hennings replied that the grounds for receiving an extension were listed in the ordinance, and financial and tax records could be used as evidence. Mr. Longoria asked what would be the purpose of the diagram of the premises. Mr. Hart replied that certain adult businesses are required to allow the manager to have a view of the area from a manager's station, and without a diagram staff could not determine if that requirement was met. Mr. Longoria asked if it was necessary to require that the diagram be "accurate to plus or minus Minutes Regular Council Meeting June 11, 1996 Page 11 six inches," and Mr. Hennings said those words could be deleted. Mr. Longoria asked about the portion of the ordinance which states that "the fee for a reinspection of the premises is $175.00." Mr. Hart said that fee was established in the instance that an applicant schedules an inspection of the premises, but he does not appear, which would require that city officials reinspect the premises later. Mr. Hennings pointed out that that requirement was contained in the city's building codes as well. He added that the fee for the original application includes the first inspection. Mr. Longoria then questioned the statement, "All fees shall be indexed to the Consumer Price Index -Urban (Houston) and adjusted August 1 each year." He asked if the city could set its own fees, and Mr. Hennings said it could. Mr. Longoria referred to the section of the ordinance regarding the spouse of an owner being convicted of a felony. Mr. Hart said that typically, if a person loses a permit, he or she has his or her spouse apply for the permit. He said this was similar to the provision in the Texas Alcoholic Beverage Code (TABC), which is frequently cited. A discussion ensued. Mr. Hart said that in order to address Mr. Longoria's concern, staff could delete the words "or the permittee's spouse" in Sections 48-21(b)(5) and 48-23(a)(1). Mr. Heldenfels said he thought all aspects of the ordinance pertaining to revocation of a permit had been struck following the Council's discussion of this issue on May 28, 1996. Mr. Hart said he understood from all of the discussion in general that staff should strike everything related to customers, employees and the "three strike" rule. Mr. Longoria made a motion to strike out of the ordinance the following sentence in Section 48-19(g): "All fees shall be indexed to the Consumer Price Index -Urban (Houston) and adjusted August 1 each year." Mayor Rhodes seconded the motion and it passed unanimously. Mr. Longoria made another motion to strike out the words "accurate to plus or minus six inches" in Section 48-19(c)(8), so that the amended sentence would read: "The diagram shall be drawn to a designated scale." Mayor Rhodes seconded the motion and it passed unanimously. Mr. Longoria said the provision concerning a felony conviction of a permittee's spouse could be clarified at a later date. Council Member McNichols said that at the last meeting, Council Member Martin had made a motion, which had passed, to strike whole sections of the ordinance. Mr. Hennings replied that the Council's request pertained specifically to the customers and the employees, but not the owners; consequently, the customer/employee provisions were deleted but the owner provisions were left in. Minutes Regular Council Meeting June 11, 1996 Page 12 Dr. McNichols made a motion to delete the fifth "whereas" paragraph on page 1 of the ordinance pertaining to a study of sexually oriented businesses conducted by the Corpus Christi Police Department; the motion was seconded and it passed unanimously. Mr. Martin referred to Section 48-6(b) regarding the time period for submission of extensions. Mr. Hennings said the Council had discussed that issue but they did not vote to change the time period to December 1, 1996. Mr. Martin said he thought the Council had made that change by consensus. Mr. Hennings said that was a specific amendment that the Council could adopt if they chose. In the same section, Mr. Martin noted that the sentence read, "The City Manager may, in his discretion, grant an extension for operation..." He made a motion to change the words "City Manager" to "City Council" in that section. The motion was seconded, and it passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 12.a. ORDINANCE NO. 022596 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 second reading, as amended, by the following vote: Rhodes, Best, Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels, and B. Longoria voting "No." 12.b. ORDINANCE NO. 022597 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 second reading by the following vote: Rhodes, Best, Minutes Regular Council Meeting June 11, 1996 Page 13 Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels, and B. Longoria voting "No." Mr. Martin asked staff to review the minutes of the May 28, 1996 Council meeting concerning amendments to the ordinance. He said he had made a motion to concur with comments made by Mr. Longoria, who had asked that more sections of the ordinance be deleted than were actually deleted upon this reading. Mayor Rhodes said she did not disagree with Mr. Martin, but she pointed out that this process has been difficult for staff because of the many revisions that have been made, and she praised staff for their efforts. City Secretary Chapa noted that Items 12.a. and 12.b. had been listed under public hearings on the agenda, and he suggested that the Council pass a motion to close the public hearing. Mayor Rhodes called for a voice vote to close the public hearing, and it passed unanimously. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 13. Case No. 596-1. T.G. Properties: A change of zoning from "A-1" Apartment House District to "I-2" Light Industrial District on John Industrial Subdivision, Lot 3A, located on the west side of Old Brownsville Road, approximately 375 feet north of Bear Lane. She said the applicant had asked that this zoning case be tabled, and staff had concurred. Mr. Utter said staff recommended that it be postponed until June 25, 1996. Responding to Council Member Martin, Mr. Utter said up until that morning there was no opposition; however, that morning members of the apartment complex adjacent to the subject property brought in a resolution that would have called for the 20% rule to be in effect. Following a discussion with staff, they said they did not think they opposed the zoning change, but they wanted to meet with the other members of the apartment complex to discuss it further. He said the apartments were Casa de Manana. POSTPONED Ilousc District to "B-3" Busiun,ss-Dishint, pielfidi..g fe, l &. utiuir. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 14. Case No. 596-2. Coastal Maverick Ltd • A change of zoning from "R -1B" One -family Minutes Regular Council Meeting June 11, 1996 Page 14 Dwelling District with a "SP" Special Permit to "B-4" General Business District on Austin Addition No. 2, Block D, Lot 16 and 0.456 acre out of the south portion of Vineyard Tract, located on the north comer of Airport Road and Morgan Avenue. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. She asked if the applicant concurred with the recommendation, and Mr. Utter said they did. 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: 14. ORDINANCE NO. 022598 Amending the Zoning Ordinance upon application by Coastal Maverick Ltd., by changing the Zoning Map in reference to Austin Addition No. 2, Block D, Lot 16 and 0.456 acre out of the south portion of Vineyard Tract, from "R -1B" One -family Dwelling District with a "SP" Special Permit to "B-1" Neighborhood Business District; providing for publication. 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." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 15. Case No. 596-3E. Marian Ann Coburn. Request for an exception to the standard screening fence requirement along all of the property lines of Holliday Harbor, Block 1, Lots 21 through 33, located on the northeast comer of Yorktown Boulevard and Laguna Shores Rd. Mayor Rhodes said the Planning Commission and staff recommended denial of the screening fence waiver along the north and west boundary lines and approval of the waiver of the screening fence along the south and east boundary lines subject to two (2) conditions. The Mayor asked if the applicant agreed to the changes, and Mr. Utter said she did. No one opposed the change. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels and passed unanimously. Council Member Martin asked what the applicant planned to put on the subject property. Minutes Regular Council Meeting June 11, 1996 Page 15 Mr. Brandol Harvey, Director of Planning and Development, said he thought the applicant intended to retain the boat storage units on the property currently and to bring in some travel trailer units on the rest of the property. Mr. Martin asked if travel trailer parks are typically screened, and Mr. Harvey said the standard requirement is for a screening fence from a travel trailer park to adjacent property or to public rights of way. Mr. Martin said the property along the whole length of Laguna Shores will be unscreened except by vegetation, which the city cannot enforce because there is no guarantee that it will grow. Mr. Harvey replied that should the vegetative screening fail, the applicant would lose the exception and they would have to install a fence. Mr. Martin said he did not think the screening of oleander plants would grow to a height of six feet within one year as required, and he asked staff to add a condition that this zoning case come back before the Council in one year for review. Mayor Rhodes agreed with Mr. Martin's request. Mr. Utter suggested that the case be brought back prior to the end of the one-year period. Council Member McNichols said the relatively undeveloped location of the subject property should be taken into consideration. Mr. Harvey showed a video of the subject property. Dr. McNichols said the only people who might be affected were the residents of the homes, which were not immediately adjoining the subject property. City Secretary Chapa polled the Council for their votes as follows: 15. M96-164 Motion, upon application by Marian Ann Coburn, denying the screening fence waiver along the north and west boundary lines and approval of the waiver of the screening fence along the south and east boundary lines subject to three (3) conditions on Holliday Harbor, Block 1, Lots 21 through 33. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * ** Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 16 through 27, and Council Members requested that Items 16 and 24 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting June 11, 1996 Page 16 17. M96-166 Motion approving supply agreements for vehicle & equipment tires and tubes in accordance with Bid Invitation No. BI -0175-96 with the following companies for the following amounts, based on low bid and only bid, for multiple progressive awards, for a total estimated annual expenditure of $462,273.45. The tires and tubes covered under this agreement will be used by the Fire Department and Maintenance Services on passenger cars, pick-up trucks, police cars, ambulances, fire engines, commercial trucks and equipment. The term of the contracts will be for twelve months with options to extend for up to two additional twelve month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the using departments in FY 95-96. A to Z Tire & Battery, Inc. Corpus Christi. Texas Primary Supplier Items: 1.1-1.9, 1.11, 4.1-4.5, 4.7, 4.8, 5, 6.1-6.66, 7.1-7.5, 8.2, 9.1 & 9.3 Total: $305,913.50 Creager Tire Corpus Christi Texas Primary Supplier Items: 1.10, 1.12, 3.1-3.3, 8.1, 9.2, 9.4, 9.5, 10.1-10.3 Total: $44,940.69 Treadco, Inc. Corpus Christi. Texas Primary Supplier Items: 2.1, 2.2, 4.6, 4.9-4.11 Total: $111,419.26 GRAND TOTAL: $462,273.45 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18. M96-167 Motion approving a supply agreement with Uponor Aldyl Company, Shawnee, Oklahoma for approximately 57,000 feet of 1/2", 1", and 2" polyethylene pipe and approximately 1,100 polyethylene fittings in accordance with Bid Invitation BI -0211-96 based on low bid for an estimated annually expenditure of $26,601.90. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 95-96. 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 June 11, 1996 Page 17 19. M96-168 Motion to provide a bonus for the Deputy City Manager while he is assigned as Acting City Manager in the amount of $830.77 per pay period. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 20. M96-169 Motion awarding a contract in the amount of $324,548 to West Oak Constructors for the 1996 - Sacky Lift Station Wastewater Force Main Replacement and Relocation. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 21.a. ORDINANCE NO 022599 Ordinance appropriating $60,333 in the No. 117 Airport Fund Capital Reserve; amending the FY 95-96 Budget adopted by Ordinance No. 022279 to increase appropriations by $60,333 in the No. 117 Fund; authorizing the transfer of $60,333 from the No. 117 Fund to the No. 245 Capital Improvement Fund; appropriating $60,333 in the No. 245 Capital Improvement Fund for the City's share of the paving rehabilitation of Runway 17/35 from FAA Grant Number 3-48-0051-23-96; amending the FY 95-96 Capital Budget adopted by Ordinance No. 022394 to increase the Airport Capital Improvement Fund by $60,333. 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." 21.b. M96-170 Motion awarding a contract for engineering services for Runway 17/35 Pavement Rehabilitation project at the Corpus Christi International Airport (CCIA) in the amount of $44,500 to the Simpson Group. 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 June 11, 1996 Page 18 22. M96-171 Motion authorizing the City Manager or his designee to execute the Contract of Transfer, Assignment, Subrogation, and Cooperation with the Texas Natural Resources Conservation Commission (TNRCC) which provides for TNRCC to reimburse the City $17,894 for expenditures incurred to perform environmental mitigation activities at the old RTA Bus Facility in Corpus Christi. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 23. ORDINANCE NO. 022600 Ordinance appropriating a grant from the Texas Department of Health in the amount of $293,033.21 to fund Group Nutrition Education, individual counseling, and to prescribe food at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period April 1, 1996 to September 30, 1996; amending Ordinance No. 022279, which adopted the FY 1995-96 Budget; by adding $293,033.21 to No. 162 Federal/State Grants Fund -Health Department. 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." 25. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 53 - Traffic, Schedule V, Section 53-254 - Increase of State Speed Limit in Certain Zones by establishing revised speed limits on sections of Interstate Highway 37, S.H. 358 (Padre Island Drive Expressway), S.H. 286 (Crosstown Expressway), U.S. Highway 181 Expressway, S.H. 44 Expressway, Park Road 22 (South Padre Island Drive), and S.H. 361 conforming to the speed limits approved by Texas Transportation Commission Minute Order 106806. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No." 26. FIRST READING ORDINANCE Closing and abandoning a 49 square foot area of a 7.5 foot wide utility easement in Lot 16, Block 7, Ridgewood Subdivision; subject to compliance with the specified conditions and Minutes Regular Council Meeting June 11, 1996 Page 19 the owner replatting the property within 180 days at the owner's expense. 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." 27. ORDINANCE NO. 022601 Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-252, Schedule III - Parking Prohibited at All Times on Certain Streets by restricting curbside parking at all times on both side of McKinzie Road, between McKinzie Lane and a point approximately 375 feet south of Haven Drive. 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 discussion on Item 16, agreements for sludge de -watering polymers. Responding to Council Member Black, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said the polymers are a liquid chemical which helps take the water out of sludge more easily. He added that since the sludge is being disposed of at the landfill, it has to contain a certain percentage of solids, and the de -watering polymers assist in meeting that requirement. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. M96-165 Motion approving supply agreements with the following companies for sludge de -watering polymers in accordance with Bid Invitation No. BI -0070-96 based on low bid for a total of $100,883.08. The term of the contracts will be twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. This chemical is used by the Wastewater Department in the treating of wastewater at the Oso, Broadway and Allison treatment plants. Funds have been budgeted for FY 95-96. Polydyne, Inc. Stockhausen, Inc. Parsippany. NJ Greensboro. NC Oso/Broadway Treatment Plants Allison Treatment Plant $80,443.00 $20,440.00 Grand Total: $100,883.08 Minutes Regular Council Meeting June 11, 1996 Page 20 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 24, amendments to the animal control ordinance. Responding to Council Member John Longoria, Mr. Hennings said the ordinance was adopted several years ago in order to avoid the situation whereby someone might win an animal when they are not prepared to be a pet owner. He said the purpose is to ensure that animals receive proper care and shelter. A brief discussion ensued. Council Member Black asked if cats and dogs had always been required to have collars with a valid city license tag, and Mr. Hennings said they had. Mayor Rhodes called for comments from the audience. Ms. Dee Huber said that cats should not be required to wear collars because some cats hang themselves on their collars. Mr. Hennings said the ordinance requires dogs and cats to wear licenses at all times. City Secretary Chapa polled the Council for their votes as follows: 24. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 6, Animal Control, to amend the definition of restraint; to change the age requirements for obtaining a license and rabies vaccination from four months old to three months old; to clarify animal collar requirements; to prohibit offering to give away an animal as a prize; providing for severability; providing for publication; providing for penalties. 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." * * * * * * * * * * * * * Mayor Rhodes announced that the closed sessions on the following two items would not be held: Item 28 - pursuant to Texas Government Code Section 551.074 regarding new City Manager selection; and Item 29 - pursuant to Texas Government Code Section 551.071 regarding Richard J. Herschbach, an Individual and on behalf of Retired Firefighters and Benefit Recipients of the Corpus Christi Firemen's Relief and Retirement Fund, v. City of Corpus Christi, and the Board of Trustees Minutes Regular Council Meeting June 11, 1996 Page 21 of the Corpus Christi Firemen's Relief and Retirement Fund, Cause No. 89-4954-D, 105th District Court, Nueces County, Texas. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings said there would be two presentations conceming police personnel changes and the status of the city's water wells. Police Chief Alvarez said five additional officers had been reassigned to the Juvenile Enforcement Team (JET) in an effort to step up the enforcement of the night time curfew ordinance, as well as other laws that in the past have not been vigorously enforced. He said the intention is to keep as many young people off the streets after 11 p.m. as possible. In addition, the Police Chief said the JET team would be merged with the Special Services Division, and he is trying to locate a building that could serve as a temporary detention facility in which to temporarily place juveniles who are picked up for violating the night time curfew. Responding to Mayor Rhodes, Chief Alvarez said that if a juvenile is picked up, he is taken back to his home by the police officer; however, if the parents are not home, then the police have to find a responsible adult with whom to leave the juvenile, such as a neighbor. The Mayor asked if the temporary facility could be paid for with drug funds, and the Chief said it could. He added that he is waiting to receive a response from officials at the Juvenile Justice Center, and he may also pursue a partnership with the TRIP Center. Council Member Cooper said she supported the concept of a temporary facility for curfew violators. She described a similar center that is operating in Houston which is very effective. She added that she was glad the JET Team was being increased. Council Member John Longoria suggested that the city begin working on a Corpus Christi crime initiative that would not only focus on gang activity but also the "quality of life" crimes in order to lower the tolerance level of all crimes. He proposed that discussions be held on that issue during the Council meetings for the next few months to try and seek solutions. Chief Alvarez said the Police Department is utilizing its Organized Crime Analyst to assist in that initiative. He added that city and county officials have met and discussed the need for a special prosecutor who would focus on gang -related crimes. Council Member Betty Jean Longoria commented that other states have much more restrictive regulations regarding juvenile violations, and she wondered if Corpus Christi's regulations should be reviewed in order to determine if they could be made more effective. She said it was important for all the different entities to work together on this issue. Chief Alvarez added that members of the U.S. Attorney's Office were also present at a recent meeting, and he asked for their assistance in seeking funding for a possible "sting" operation to get guns off the streets. Minutes Regular Council Meeting June 11, 1996 Page 22 Council Member Black said now that the adult business ordinance was behind the Council, it was time to focus on the gang problem in Corpus Christi, because it will continue to worsen unless action is taken. Council Member Best asked about the amount of space that would be needed for a temporary detention facility. Chief Alvarez said it should be large enough to hold about 50 juveniles a night in order to allow police to call the parents so they can pick up their children from the facility. He said the facilility will have to be certified by the Board of Judges as a juvenile detention facility. Dr. Best then asked if the curfew violators could be put to work while they are being detained, and Chief Alvarez said that would not be feasible, since they would only be detained for a few hours during the early morning. He added that chronic offenders would end up in Juvenile Court and the judge can sentence them to community service. A brief discussion ensued. Mrs. Cooper said she supported Mr. Longoria's suggestion about a crime initiative. She noted that the state of Arkansas adopted a master action plan on gang violence a few years ago. She also announced that Mr. Steve Nawojczyk, a noted expert on gangs, will speak in Corpus Christi on July 18 at City Hall during the meeting of the Mayor's Task Force on Youth Violence, and on July 19, possibly at the Bayfront Convention Center. Mrs. Cooper added that she had asked Chief Alvarez about increasing the amount of the penalty for parental responsibility violations, but the city is prohibited by the State Legislature from charging more than $500 as a municipal fine. Mr. Hennings said the next presentation concerned an analysis of the water wells. Mr. James Dodson, Regional Water Director, said the reservoir levels continue to decline, while the relative water use this year compared to last year is slightly higher. He said that can partially be attributed to the fact that it was a much wetter period during this time last year and demand was off. He emphasized that if the city did not have the drought contingency measures in place at this time, the demand could be much higher. Mr. Dodson said he had also asked the industries to participate in the reduction in water use on a voluntary basis during this period of Condition II, and seven of the 13 industries indicated the measures they have implemented or will implement to achieve the desired 10% to 15% reduction in water use. Mayor Rhodes asked that that information be documented since so many people continue to criticize the industries for their water use. Mr. Dodson agreed, noting that during the last six months, industries' water use has been constantly declining. Mr. Dodson then introduced Mr. Ken Choffel, with HDR Engineering, who used graphs and maps to illustrate the location and status of the wells: there are three wells that discharge directly into Lake Corpus Christi, and 10 wells downstream of the lake which discharge directly into the Nueces River; and there are four wells near Campbellton on the Atascosa River. Minutes Regular Council Meeting June 11, 1996 Page 23 Mr. Choffel compared the 13 Lake Corpus Christi wells with the four Campbellton wells, using the following data: pumpage recovered is 9.7 million gallons per day (MGD) for the Lake Corpus Christi wells, versus 2.3 MGD for the Campbellton wells; percent recovered is 70% versus 35%; start-up cost is $90,000 versus $143,000 (which does not include the cost of cooling facilities since the Campbellton water exceeds the permitted temperature); annual power cost is $265,000 versus $420,000 (again, does not include cooling); the water quality is poor versus fair; and the temperature is okay at Lake Corpus Christi versus 140° F at Campbellton. Mr. Choffel also discussed the supplemental well field activation under a worst-case scenario for 26 months from June 1, 1996 --the Campbellton wells would yield about 5,000 acre-feet, which is only about a 15 -day water supply to the city; the Lake Corpus Christi wells would yield about two months worth of water storage. Based on the data he presented, Mr. Choffel discussed the various issues involved in operating the wells near Lake Corpus Christi and Campbellton wells. He said that in lieu of using the Campbellton wells, the Council may want to consider that the same volume of water can be obtained by drilling three or four additional wells around Lake Corpus Christi; by obtaining rights to use three or four wells that could be rehabilitated; or by operating the wells in place now around the lake for an additional six months. Dr. Best expressed concern about depleting the water table around the lake, and Mr. Choffel said the wells would produce water that for the most part would not be obtained otherwise, since the silt bed at the bottom of the lake tends to help "seal" the lake off. Mayor Rhodes asked that the Council members who had left the meeting receive copies of Mr. Choffel's presentation. She said it would also be helpful to the Council for staff to list the topics that will be discussed under the City Manager's Report. * * * * * * * * * * * * * In her report, the Mayor asked about the authorization for the expenditure of funds by the Mayor's Task Force on Youth Violence, and Mr. Hennings replied that there was a system in place to deal with that. Mayor Rhodes called for Council concerns and reports. Council Member John Longoria referred to a recent article in the Rio Grande Valley Star which reported that Mr. Stan Samberg had asked for an extension on his work on an outlet mall in that area. Mr. Utter replied that Mr. Samberg has been working on the mall there and the outlet center in Corpus Christi at the same time. Mr. Samberg indicated to staff that the Corpus Christi mall is progressing much faster than the Valley center. Mr. Longoria said the Council had also received letters from local retailers asking them to Minutes Regular Council Meeting June 11, 1996 Page 24 endorse their businesses. Mr. Utter explained that Sunrise Mall is proposing to convert to a "value center" which typically would not have true factory outlet stores, but rather off-price discount stores. Mr. Utter noted that Corpus Christi tries to promote a business -friendly climate, but business needs to compete against business, and the city tries not to get involved in the competitive aspect of it. With regard to the outlet mall, the city services that are being provided are the reversal of the highway ramps, an example of how the city would try to assist any large development; and water and sewer services, which are also designed to serve the new golf course. Mr. Longoria also asked about Kingsville's water contract. Mr. Crull replied that Corpus Christi does not sell water directly to Kingsville but through the South Texas Water Authority (STWA), and Kingsville is taking a very small amount of water from the STWA and he did not think it was a "take -or -pay" contract. He said Kingsville was relying more on water wells. Mr. Hennings said that whatever water Kingsville does use from the STWA, they have an obligation to conserve. Council Member Black asked if people were allowed to drink from open liquor containers in public areas, and Mr. Hennings replied that they could because there is no ban on drinking in public places; however, there are regulations for drunk and disorderly behavior. Mayor Rhodes pointed out that the TABC regulates that, and the Texas Municipal League has been trying to restore that authority back to cities, but the alcohol lobby has been very strong. Mrs. Black asked if police on foot patroled the area along Shoreline and downtown, and the Mayor said there are bike patrols. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Willis Lee Johnson, President of the Ehlers Garden Addition Neighborhood, presented a petition signed by members of Searching for Environmental Justice. Mr. Johnson cited several sections of the City Charter to demonstrate his contention that the city has failed to enforce environmental protection measures for the residents of "Refinery Row." He added that the residents' complaints are not being addressed, while the city continues to emphasize economic development. Ms. Dee Huber said she was not in favor of nor opposed topless bars, but she questioned the Council members' motives in voting on that issue. Mayor Rhodes said the Council tries to make all of its decisions based on what is best for the city as a whole. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:20 p.m. on June 11, 1996. * * * * * * * * * * * * *