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HomeMy WebLinkAboutMinutes City Council - 10/09/2001I 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 October 9, 2001, which were approved by the City Council on October 16, 2001. WITNESSETH MY HAND AND SEAL, this 16th day of October, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 9, 2001 2:02 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly* Jesse Noyola Mark Scott ABSENT John Longoria City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. James Amerson, Associate Pastor of St. John's United Methodist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. 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 Neal called for approval of the minutes of the regular Council meeting of September 25, 2001. A motion was made and passed to approve the minutes as presented. *Council Member Kelly arrived at 2:05 p.m. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2 regarding the September 1 lth terrorist attacks. The Mayor read the text of the resolution and there were no comments from the audience. Mr. Scott made a motion to approve the resolution as read, seconded by Mr. Kinnison and passed as follows: 2. RESOLUTION NO. 024606 Resolution condemning the September 11, 2001 attack on the United States and declaring that the citizens of Corpus Christi are united as Americans in support of the leadership of President Bush and Congress in this time of crisis. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Minutes - Regular Council Meeting October 9, 2001 Page 2 Ethics Commission Harold Fredrickson (Reappointed) Herbie Garcia Jr. (Reappointed) Capt. Craig Reynolds (Reappointed) Nueces County Tax Appraisal District Clif Moss, Place 3 (Reappointed) Paul Grivich, Place 4 (Reappointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-15). Council members and audience members requested that Items 4 and 14 be discussed. City Secretary Chapa said that Item 8 needed to be amended and Item 12 will be considered on two readings rather than as an emergency ordinance. Council Member Noyola said he would be abstaining from discussing or voting on Items 4 and 7. Mr. Chapa polled the Council for their votes and the following were passed: 5. M2001-372 Motion approving a supply agreement with Bay Chemical and Supply Company, Odem, Texas for approximately 1,400 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI -0005-02 based on only bid for an estimated annual expenditure of $145,320. The term of the supply agreement 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 in FY2001-2002 by the Water Department. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6.a. ORDINANCE NO. 024607 Ordinance authorizing the expenditure of funds in the amount of $841,744 as a transfer from the No. 1020 General Fund to the No. 1050 Federal/State Grants Fund and appropriating $841,744 in the No. 1050 Federal/State Grants Fund as matching funds for Senior Community Services programs. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6.b. ORDINANCE NO. 024608 Ordinance appropriating $33,000 from the Senior Community Services Reserve Funds as matching funding for Senior Community Services programs in the No. 1050 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. T Minutes - Regular Council Meeting October 9, 2001 Page 3 7. M2001-373 Motion authorizing the City Manager or his designee to execute Change Order No. 22 with Fulton Construction/Coastcon Inc. A Joint Venture, in the amount of $155,449.01 for the Corpus Christi International Airport terminal construction project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent. 9. M2001-375 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Engineers in the amount of $1,180,000 for the Oso Wastewater Treatment Plant troughs structure rehabilitation. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.a. ORDINANCE NO. 024609 Ordinance authorizing the City Manager or his designee to execute a non-exclusive utility easement of 495.90 square feet out of City -owned Tract "B" which is a portion of Block AR, Parkdale Shopping Center, in favor of Southwestem Bell Telephone Company with specified conditions, in consideration of the sum of $4,959. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.b. ORDINANCE NO. 024610 Ordinance authorizing the City Manager or his designee to execute a non-exclusive utility easement of 375.00 square feet and a 15 -foot by 110.78 -foot access easement, out of City - owned Lot 1, Block 1, Service Center Tract, in favor of Southwestern Bell Telephone Company with specified conditions, in consideration of the sum of $1,875. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11.a. M2001-376 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $44,727 from the Texas Department of Transportation for Year Two of the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) for traffic enforcement overtime within the Police Department and to execute all related documents. Minutes - Regular Council Meeting October 9, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11.b. ORDINANCE NO. 024611 Ordinance appropriating $44,727 from the Texas Department of Transportation in the No. 1050 Federal/State Grants Fund for funding to continue the Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12. FIRST READING ORDINANCE Ordinance granting to Texas Cable Partners, L.P., a six-month extension of the cable television franchise granted in Ordinance No. 16133. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 13. ORDINANCE NO. 024612 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $15.00 to $25.00; providing for an effective date of October 12, 2001. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 15.a. ORDINANCE NO. 024613 Ordinance amending Section 2-311(3) of the Corpus Christi Code of Ordinances to add Section 255.003 of the Texas Election Code regarding political advertising to the standards of conduct in the Code of Ethics. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 15.b. ORDINANCE NO. 024614 Ordinance amending Section 2-325 of the Corpus Christi Code of Ordinances to provide that the date of the Ethics Commission's annual meeting shall be a date in September as set by the Commission. Minutes - Regular Council Meeting October 9, 2001 Page 5 The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, oil and gas lease at the airport. Mr. Hamilton Rogers, representing Royal Production Company in Corpus Christi, said that over the last three or four years they have attempted to obtain a lease for the subject property. He said he contacted the previous airport director as well as Mr. Jay Heidecker, Petroleum Superintendent, about his company's interest in exploration activity in connection with their existing wells located on the city property adjoining the airport. He said he found out only today about the proposed lease agreement with EOG Resources Inc. for the oil and gas drilling. Mr. Rogers said Royal was not aware that the bid invitation notice had been published in the newspaper and they feel that they did not receive equal representation of notification from the city. He said he spoke today with Mr. Mike Barrera, Procurement and General Services Manager, who told him that Royal was not on the city's list to receive bid invitations. He asked the Council to grant Royal the opportunity to bid on the lease. Council Member Scott expressed concem that despite conversations between representatives of Royal and city staff, Royal was not informed about this bid invitation. He said that while EOG feels they took all the proper steps, he feels the city acted improperly by not including Royal in the bid invitations. He added that EOG ended up being the only bidder; consequently, the city lost an opportunity for competition. Council Member Kinnison asked about the list of 38 companies that were sent bid invitations by the city. Mr. Barrera said this is the first oil and gas lease with which the Purchasing Division has been involved (initiated at the request of the Legal Department). Mr. Barrera said he requested a bidders list from the Oil and Gas Division and Royal Production Company was mistakenly left off that list. He said staff followed the legal notification requirements in the local newspaper, and he delineated the history of the contract award over the last five months. He said there was a communication breakdown on the city's part when Royal was not included on the list. City Manager Garcia said that one of the reasons the city goes through the public notification process is because it would be impossible for the city to contact every entity that might be interested in a city contract. Mr. Kinnison said since this is such a specialized process, he feels the city should have solicited the assistance of a professional. Mr. Barrera added that staff is comfortable recommending EOG for this lease and EOG submitted their bid in accordance with all the regulations. Mr. Kinnison questioned whether the city was getting the best deal with this contract. Responding to Council Member Colmenero, Mr. Barrera said the City Charter requires that the notice be published once a week for three consecutive weeks prior to receiving the bids. The lease contract was delayed following publication of the notice because of the complexities involved. Council Member Chesney asked Mr. Barrera if he was aware that Royal Production was Minutes - Regular Council Meeting October 9, 2001 Page 6 interested in bidding on this contract. Mr. Barrera replied affirmatively, adding that he did not go back to verify whether Royal was on his bidders list. Mr. Jorge Cruz-Aedo, Director of Financial Services, emphasized that the city is not required to send out bid invitations to all possible interested parties; it is only required to meet the legal notification requirements. Mr. Garcia said it would be hard to design a more fair and open process. Mr. Scott asked if EOG was one of the 38 companies which received a bid invitation, and Mr. Cruz-Aedo replied that they were. He added that due to the restrictions placed on oil and gas exploration around the airport, very few companies participate. He said that if this lease agreement is not finalized, the Airport Fund will have to forego those revenues. Mr. Kenneth Allen, EOG Resources, said they began this process in August 2000 by nominating the subject tracts. He said they met with airport representatives on several occasions, adding that he doubted they would have been on the city's list had they not initiated the process. In response to Mr. Kinnison, Mr. Garcia commented that it is possible the city should not be proceeding with the lease at this time due to questions from the FAA and the former airport director and other reasons. Mr. Dave Hamrick, Acting Director of Aviation, said the city contracted with an outside attorney who is an expert in oil and gas leases to draw up the lease. He said the Airport Board is aware of this ongoing process. He said there were several discussions about whether or not the airport's budget should include these potential revenues and a compromise was reached in the form of the cash bonus bid. He also commented on the extremely restrictive nature of this lease, which favors the city. Replying to Mr. Colmenero, Mr. Hamrick said the cash bonus is $193,764 but more important is the 25% in royalties from everything the successful bidder pumps. Mr. Colmenero said that delaying or not taking action on this contract can have far-reaching repercussions. City Secretary Chapa polled the Council for their votes as follows: 4. M2001-371 Motion allowing the City Manager to enter into a lease agreement with EOG Resources Inc., Corpus Christi, Texas, for an oil and gas lease at the Corpus Christi International Airport in accordance with Bid Invitation No. BI -0162-01 based on only bid for a cash bonus bid of $193,764. The term of the lease agreement will be for three years with options to extend indefinitely as provided in the oil and gas lease agreement. Proceeds from the cash bonus bid and all royalties received under the lease will be deposited into the Airport Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, and Kinnison voting "Aye"; Chesney, Kelly and Scott voting "No"; Noyola abstaining; Longoria absent. Mayor Neal said it is not possible for the city to maintain completely up-to-date bidders lists and he noted that the charter only requires that notices be placed in the newspaper. Mr. Chesney said he feels the city has a responsibility to utilize its assets and to make the effort to contact companies. Minutes - Regular Council Meeting October 9, 2001 Page 7 * * * * * * * * * * * * * Mayor Neal referred to Item 8. City Secretary Chapa said the contract amount listed on the agenda was $312,000 while the actual amount is $312,330. Mr. Kinnison made a motion to amend Item 8 as stated, seconded by Mr. Colmenero, and passed. Mr. Chapa then polled the Council: 8. M2001-374 Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles Inc. in the amount of $312,330 for cathodic corrosion protection for the Mary Rhodes Memorial Pipeline (Lake Texana Pipeline). The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, ad valorem taxation of leased motor vehicles. Mr. Jon Buquet, Executive Director of the Coastal Bend New Car Dealers Association, said the association was not aware that the Council had considered this item on first reading on September 25, 2001. He asked the Council to postpone it until the car dealers can meet with their statewide association to gather more information about the financial implications. Mayor Neal asked why the car dealers are opposed to this proposal. Mr. Buquet said car dealers are concerned that if the city opts out of the legislation and continues to collect ad valorem taxes on leased vehicles, it will make car leasing less desirable to consumers. Mr. Jack Gordy said that after the first reading of the ordinance he called local car dealers to inform them of this proposal, which he said the city should have done through a letter to them. Mr. Mark McDaniel, Director of Management and Budget, said the city is already collecting ad valorem taxes on leased vehicles so this will not involve a change in procedures. He explained that the 77th Texas Legislature provided an exemption for municipalities to opt out of the legislation (Senate Bill 248), while school districts are made whole through school financing. He said staff has read the position papers on both sides, including the argument that cities will recoup the monies through the existing sales tax on leased vehicles. Mr. McDaniel said staff estimates that the city could lose $245,000 in property tax revenue if leased motor vehicles are exempted from the tax. Mr. McDaniel added that Senate Bill 248 contains a "sunset" provision of December 31, 2003, at which time the legislature will consider whether or not they want to continue the exemption. He said the $245,000 is included in the city's General Fund budget. Mayor Neal said that an offsetting revenue stream will have to be identified if the Council does not approve this proposal. In response to Council Member Kinnison, Mr. McDaniel said that municipalities are the only taxing entities that have the ability to opt out of the exemption if they choose. Minutes - Regular Council Meeting October 9, 2001 Page 8 Mayor Neal made a motion to table Item 14 for two weeks (to the October 23, 2001 Council meeting), seconded by Mr. Colmenero and passed. 14. TABLED WI . ..•. •. • &Allotizcd by Seiratc Bill 248. .. . • .. . . ************ * . . . . . 99 • Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 16), regarding the Declaration of Neighborhood Improvement by Moody High School government students, will be rescheduled. The second presentation (Item 17) was regarding the reorganization of the Police Department's Uniform Division. Police Chief Pete Alvarez said he believes this proposal will empower the front-line police officers and provide for better communication between the police and the public, thereby improving the overall quality of life in the community. Chief Alvarez said that three commanders (instead of the current one commander) will be assigned to the Uniform Division and they will answer directly to the Chief of Police. Chief Alvarez explained the department's new structure. The Assistant Chief of Field Services will oversee the following divisions: Criminal Investigation, Special Services, and Training and Crime Prevention. The Assistant Chief of Auxiliary Services will oversee the divisions of Technical Services, Building Maintenance and Operations, and Identification. The Police Chief said the Uniform Division will be divided into two patrol sectors and will also consist of the Office of Community Policing. He said Patrol Sector 1 will encompass the downtown area, Annaville and Calallen, and the central area. The commander of that sector will be located at the downtown Police Headquarters building and he will supervise 104 officers. The Patrol Sector 2 Commander will oversee 103 officers on the southside, Flour Bluff, and Padre Island and he will be housed at the Corona Training Facility. The Office of Community Policing Commander, who will also be located at the downtown headquarters, will oversee 78 officers and seven civilians. He said that office will consist of traffic, JET, bike officers, directed patrol officers, parking, and school crossing guards. He said those departments will provide police support during special events such as the July 4th celebration, Buc Days, Bayfest-and many others. Chief Alvarez emphasized that the two Patrol Sector Commanders will be allowed a great deal of flexibility to improve the conditions in their areas of responsibility, including reducing the crime rate. In addition to a commander, each sector will have three captains assigned to it. In Patrol Sector 1, the downtown/central area will have 70 officers and the Annaville/Calallen area will have 30 officers. Patrol Sector 2 will consist of 70 officers in the southside and 29 officers in the Flour Bluff/Padre Island area. Minutes - Regular Council Meeting October 9, 2001 Page 9 The Chief said the Office of Community Policing will include the Tactical Crime Analysis unit, which will facilitate immediate directed patrol actions; Juvenile Enforcement Team, whose primary role is gang interdiction; and Traffic Section, which includes the bike squad, fatality and hit and run investigators, parking control civilians and school crossing guards. Chief Alvarez summarized the advantages of this proposal: empowers police officers at the lowest level to affect change; does not include any personnel or capital outlay costs; provides citizens with direct access to the command staff; allows for neighborhood conflict resolution through the collaboration of several city departments; furnishes tactical trend analysis to field forces; and provides "hot spot" and "uniformed" investigative personnel for directed action. He then discussed the time line with the implementation scheduled to take place on November 1, 2001. Mayor Neal asked if this proposal tracks the recommendations made in the International Association of Chiefs of Police (IACP) study. Chief Alvarez said it is in line with that study. The Mayor noted that this proposal effectively takes the assistant chiefs out of the day-to-day operations of the Uniform Division. The Chief said one of the IACP recommendations was to establish an Office of Community Policing, which he explained. He noted that the budget for the Uniform Division will be handled by the Executive Officer in the Office of Community Policing with input from the two Patrol Sector Commanders. He said the process is the same but the names of the departments have changed. In response to Council Member Garrett, the Chief said he is still responsible for the department's budget. He said he will have frequent meetings with all of the commanders and the two assistant chiefs. He said the Police Department has taken several actions to improve their operations that has not costed any money. The Chief said they had special meetings with the commanders, captains, and lieutenants to solicit their input on the decentralization proposal. He said one of the IACP recommendations was to reorganize the Criminal Investigation Division, which they have done. Some of the changes have been to add a crime analyst, create the Family Violence Unit, and form the pawn shop detail. Mr. Garrett said he feels the most important part of the plan is for the Chief to have open communication with all the sector commanders and for them to communicate among themselves. Replying to Council Member Noyola, Chief Alvarez said some of the IACP's recommendations required additional funding which the city did not have, so they devised a plan that does not add any costs. Mr. Noyola expressed support for the proposal. Council Member Chesney said he supports the concept of community policing but he expressed concern that he and the other Council members only received the Chiefs presentation shortly before their meeting. He commented on the importance of receiving input on the decentralization plan from the officers in the street all the way up to the commanders. Chief Alvarez said he can delay implementation of the plan if the Council wishes, but City Manager Garcia said he would like to implement it as expeditiously as possible. Mr. Chesney said he intends to talk with a variety of people about this plan. Minutes - Regular Council Meeting October 9, 2001 Page 10 Council Member Kinnison said this has been a priority of the Council for some time and he supports a speedy implementation. He asked if the Chief had considered three patrol sectors. Chief Alvarez said staff even looked at geographic districts but that would have required additional costs due to needed changes in the CAD computer software. He said the success of this plan is very dependent upon the involvement of the commanders. Mr. Kinnison suggested that the Chief approach the Crime Control and Prevention District for possible funding to further divide the city into different police districts. Mr. Kinnison said the Council had previously discussed the idea of eliminating one of the assistant chief positions when one of them retires. Chief Alvarez said he agrees with the IACP's recommendation to place a civilian in charge of auxiliary services while leaving the assistant chief in charge of field services. The Police Chief also discussed the operation of the Juvenile Enforcement Team and Directed Patrol. In response to Council Member Colmenero, Chief Alvarez said the overall goal is to make every single police officer a directed patrol officer. He said the commanders will be tasked with that goal. He also said staff is carefully streamlining the Police Department's budget process, including the Uniform Division. He said the commanders will know in advance how much overtime will be available to their officers. Council Member Kelly asked how this new command structure will affect the interaction between the directed patrol officers (DPOs) and the regular patrol officers. Chief Alvarez said that the activities of the DPOs will not change other than reporting to a different commander. He said the DPOs enjoy good relationships with the rest of the patrol officers. Responding to additional questions from Mr. Kelly, the Chief said he did not have time to present the plan to the rank and file officers. He said the plan's manpower breakdown in the various areas of the city is the same as it is now --the only difference is the designation of the boundary line in the middle of the city to divide Patrol Sectors 1 and 2. He said each sector commander can reallocate manpower as he sees fit. He added that the plan is designed to be built upon and changed in the future. The Chief also discussed the importance of empowering the commanders and the officers to better serve the citizens, as well as the implementation of a command rotation system. Council Member Scott asked who developed the plan. Chief Alvarez said a group of officers worked harder than other officers to formulate it but input was solicited from the captains, lieutenants and commanders. Mr. Scott said he would be supportive of finding monies to help improve the plan and he asked how annexation of the island will affect it. The Chief said the island will get an additional beat following annexation. Mr. Scott said that a copy of the presentation should have been provided to the Council sooner. Mayor Neal said the Council made many good comments and he asked the Chief to keep the lines of communication open. * * * * * * * * * * * * * Minutes - Regular Council Meeting October 9, 2001 Page 11 Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing to determine the granting of a ten -foot wide drainage easement through certain park land in the Penn Place Subdivision. No one appeared in opposition to the proposal. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 18.b. ORDINANCE NO. 024615 Ordinance dedicating a ten -foot wide drainage easement through certain park land out of Lot 25, Block 1, Penn Place Subdivision, with specified conditions. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0801-12. George S. Hawn & Alan F. Lucke. A change of zoning from an "R -1B" One -family Dwelling District to an "F -R" Farm -Rural District on Flour Bluff and Encinal Farm and Garden Tracts, Section 52, Lots 31, 32, and 33, located on the east side of Waldron Road, approximately 1,250 feet south of Yorktown Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval of the "F -R" District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024616 Amending the Zoning Ordinance upon application by George S. Hawn and Alan F. Lucke, Trustees, by changing the zoning map in reference to Lots 31, 32 and 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "F -R" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: -r Minutes - Regular Council Meeting October 9, 2001 Page 12 20. Case No, 0801-10. Dionicio Garza Jr.: A change of zoning from an "AB" Professional Office District and "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District on Sunnyside Strip, Lots 14-B and 15, and Claremont Place, Block 1, Lot 1, located on the north side of Jacquelyn Drive, between Everhart Road and Sam Street. City Secretary Chapa said the Planning Commission recommended approval of the "B-1" District on Lots 14B and 15, Sunnyside Strip, and denial of the "B-1" District on Claremont Place, Block 1, Lot 1. He said staff's recommendation was denial of the "B-1" District and in lieu thereof approval of a `B -1A" Neighborhood Business District on Lots 14B and 15, Sunnyside Strip. He said the ordinance before the Council was related to the Planning Commission's recommendation. In response to Mayor Neal, Mr. Michael Gunning, Director of Planning and Development, said the applicant is willing to accept the "B -1A" District on Lots 14B and 15, Sunnyside Strip. He noted that the masonry fence requirement has been temporarily suspended from that zoning district, which the applicant felt was more acceptable. He said the `B -1A" will allow the business's current uses and signage to continue. He said the applicant withdrew his request to rezone the single-family lot that fronts on Sam Street (Block 1, Lot 1, Claremont Place). Mr. Dionicio Garza Jr., 15610 Three Fathoms Bank, said he only wanted to be able to continue doing business at that location. He said he agrees with the staff's recommendation. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Kinnison then made a motion to amend Item 20 to concur with staff's recommendation, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024617 Amending the Zoning Ordinance upon application by Dionicio Garza, Jr., by changing the zoning map in reference to Lots 14B and 15, Sunnyside Strip, from "AB" Professional Office District to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. 0801-11, Robin Leary, Trustee: A change of zoning from "F -R" Farm -Rural District and "R -1B" One -family Dwelling District to a "B-4" General Business District on Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Minutes - Regular Council Meeting October 9, 2001 Page 13 Lot 1, Block 11, located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and Riverwood Drives. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District for Blocks 9 and 10, except for the northern thirty (30) feet abutting the Northwest Estates residential neighborhood. For the northern 30 feet of Blocks 9 and 10, denial of the "B-4" District, and in lieu thereof, approval of a `B -1A" Neighborhood Business District. They also recommended approval of the "B-4" District on the south 230 feet of Block 11 and denial of the "B- 4" District on the remaining northern portion of Block 11, and in lieu thereof, approval of an "AB" Professional Office District. Mr. Chapa said the applicant was requesting that this item be tabled until November 13, 2001. Mr. Kinnison made a motion to table Item 21 to November 13, 2001, seconded by Mr. Noyola. Mr. Scott asked if the 20% rule is in effect on this zoning case, and Mr. Chapa replied that it is, which means that seven Council members would have to approve the zoning request. The motion to table passed. 21. TABLED icnauig lliC Lonulg viaJuana, upon appl.cation by lcvbiff La aiy, 1 i uStcc, t y cLau6 ur 1, iSIVCK 11, riofni* Sl LS1att,S, lfon1 1 -1C 1 aiul-ltuial J IS IC 311 "K - the crkm ins Cvutptclleusive Plair. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, revisions to street renaming ordinance. He called for public comment. Mr. Abel Alonzo, 1701 Thames, spoke in support of the proposed street renaming procedures. He described the controversial situation that arose from the request to rename Agnes Street in honor of Cesar Chavez. City Secretary Chapa said that during the first reading of this ordinance, the Council amended it to change the approval requirement from 50% to 75%. Council Member Scott had also discussed changing the ordinance to make the applicant (rather than the city) responsible for the cost of the new street signs. However, the Council did not vote on that suggestion. Mr. David Seiler, City Traffic Engineer, said staff prepared an alternative ordinance that includes both the 75% requirement and the cost to the applicant. Minutes - Regular Council Meeting October 9, 2001 Page 14 Mr. Scott made a motion to amend Item 22 to include that the cost for the new street signs will be paid by the applicant. The motion was seconded by Council Member Chesney. Council Member Kinnison said he does not support Mr. Scott's motion. Mayor Neal asked what the street signs would cost. Mr. Seiler said the new signs for an arterial street would cost about $240 per intersection. Mr. Kinnison said this proposal dramatically increases the application cost alone (from $25 to $500). Mr. Scott said he made the motion because the street already has a name and he believes that the person wishing to change that name should bear the cost of the new signs, rather than making all citizens pay for it. Mr. Chesney spoke in favor of the motion and Mr. Noyola spoke in opposition. Mr. Chapa polled the Council on Mr. Scott's motion to amend, and it passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, and Scott voting "Aye"; Kinnison and Noyola voting "No"; Longoria absent. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 024618 Ordinance amending the Code of Ordinances, Chapter 49 - Streets and Sidewalks, Section 49-1 — Procedure for Naming, Re -naming or Changing Names of Streets by replacing current procedures with new procedures and fees. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, Council street renaming policy. City Secretary Chapa said the Council approved revisions to the street renaming ordinance, which calls for the Traffic Engineer and the City Secretary to initially determine if the street renaming application meets the Council's policy. The current policy, which was approved in March 1994, states that the Council declines to change the names of streets in the City of Corpus Christi except under "unusual, extenuating circumstances." He said that policy is somewhat vague and staff is suggesting that the Council consider establishing a more specific policy that will give them guidance on the types of street name requests the Council would contemplate. Mayor Neal questioned the need for having a street renaming policy since the amended ordinance spells out that process. Mr. Chapa said if the Council repealed its current policy, he and the Traffic Engineer would automatically bring the Council every application to rename a street. City Attorney Bray said the ordinance refers staff to the Council policy to determine whether or not an application should be forwarded to the Council. The Mayor agreed that the policy is needed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -r Minutes - Regular Council Meeting October 9, 2001 Page 15 23. RESOLUTION NO. 024619 Resolution amending Resolution No. 021901 adopting Policies, General Rules, and Procedures of the City Council regarding the policy for Naming of Streets. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, Women, Infants and Children (WIC) program. There were no comments from the audience. Dr. Nina Sisley, Director of Public Health, explained the services provided by the WIC program, saying that clients must meet income guidelines of 185% of poverty, be residents of Texas, and be at nutritional risk. Funding is provided through the U.S. Department of Agriculture and the Texas Department of Health. She said that during the past fiscal year, the city received $8.87 per WIC participant and $5.07 for each immunization that was given. Dr. Sisley said that earlier this year Driscoll Children's Hospital (DCH) and the city began to discuss the transfer of the Health Department's WIC program to DCH for ease of operation. She said the city's program started in 1978 and the DCH program began in 1974. She said the city has had problems hiring a stable staff; for example, they have been advertising for a dietician for almost one year and have had no applicants. Last month, the Health Department saw 4,500 unduplicated clients, which is about half the number they saw eight years ago. In order to meet the state guidelines, the city needs a program manager, a dietician and more clients. On the other hand, DCH has several registered dieticians and they see several more clients. Dr. Sisley said the Texas Department of Health has told the city they will approve the three- month budget but in the next three to six months the city needs to determine whether it will continue its program. She said city staff feels that one WIC program will benefit clients if it is operated out of the Health Department because it is close to maternity and family planning services. Mr. Garcia said staff will come back to the Council in the future with their recommendation. Responding to Mayor Neal, Dr. Sisley said DCH has several sites where they offer the WIC program. The Mayor said he supports the idea of DCH providing one WIC program. City Secretary Chapa polled the Council for their votes: 24.a. M2001-377 Motion authorizing the City Manager or his designee to enter into a three-month agreement with the Texas Department of Health in the amount of $143,573 providing for the Bureau of Clinical and Nutritional Services to fund group nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period October 1, 2001 through December 31, 2001. Minutes - Regular Council Meeting October 9, 2001 Page 16 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 24.b. ORDINANCE NO. 024620 Ordinance appropriating $143,573 from the Texas Department of Health in the No. 1050 Federal/State Grants Fund to fund nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Items 25 and 26, renewal grants for the Weed and Seed program and FY 2001-02 grant awards. There were no comments from the audience. Council Member Garrett asked where the Boys and Girls Club program will be held. Mr. George Hodge, Director of the Weed and Seed program, said it will be held at the club at 3902 Greenwood. Mayor Neal pointed out that this is a very careful selection process and he commended staff for their efforts. City Secretary Chapa polled the Council for their votes as follows: 25.a. M2001-378 Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant in the amount of $225,000 for Site II West for the continued support of the Weed & Seed Program from the U.S. Department of Justice. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 25.b. ORDINANCE NO. 024621 Ordinance appropriating $225,000 from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for continued support of the Weed & Seed Program, Site II West, for FY 2001-2002. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.a. M2001-379 Motion authorizing the City Manager or his designee to execute an agreement with the City of Corpus Christi Housing & Community Development, Code Enforcement & Community T r Minutes - Regular Council Meeting October 9, 2001 Page 17 Policing Division to provide $12,500 from the FY 2001-2002 Weed & Seed Program to implement emergency board -up of vacant buildings with illegal activity. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.b. M2001-380 Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $20,000 from the FY 2001-2002 Weed & Seed Program to implement after-school and weekend alternative activities with special emphasis on abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.c. M2001-381 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,000 from the FY 2001-2002 Weed & Seed Program to implement a free summer swim program at the Joe Garza Community Pool. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.d. M2001-382 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $7,064 from the FY 2001-2002 Weed & Seed Program to implement a summer transportation program for recreational opportunities to youth, teens and young adults at non-traditional times. It is intended to provide transportation and entry fees for some field trips during the summer. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.e. M2001-383 Motion authorizing the City Manager or his designee to execute an agreement with Calvary Tabernacle Inc. to provide $25,000 from the FY 2001-2002 Weed & Seed Program to implement a SeedTech computer center. The program is to provide the community with job and social opportunities to help achieve their goals. They will help people locate better jobs at a higher pay scale, which will impact the economic development of their neighborhood. Minutes - Regular Council Meeting October 9, 2001 Page 18 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.f. M2001-384 Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $12,500 from the FY 2001-2002 Weed & Seed Program to provide after-school alternative activities to include implementing a leadership enhancement and achievement development program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 26.g. M2001-385 Motion authorizing the City Manager or his designee to execute an agreement with Buccaneer Little League to provide $5,000 from the FY 2001-2002 Weed & Seed Program to improve and enhance a Little League youth sports baseball program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. *********** Mayor Neal opened discussion on Item 27, water distribution procedures. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. ORDINANCE NO. 024605 Ordinance amending the Code of Ordinances, City of Corpus Christi, by adding Section 55- 159.1 to Article XII, Water Conservation, of Chapter 55, Utilities, to establish procedures for distributing water to raw water or wholesale treated water customers on a pro rata basis during a water shortage; providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ************* Mayor Neal announced the following executive sessions: 28. Executive session pursuant to Texas Government Code Section 551.071 and 551.072 regarding City of Corpus Christi v. Nancy Helen Graham, et al, No. 01-025-C, County Court at Law, San Patricio County, Texas, and regarding land acquisition in connection with the Rincon Bayou Project, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting October 9, 2001 Page 19 29. Executive session pursuant to Texas Government Code Section 551.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 319th District Court, Nueces County, Texas with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, thanked the Council and the Police Chief for working on the decentralization plan. He said community oriented policing is a philosophy that encourages employee ownership and citizen participation, and one of the main tenets is accountability. Mr. Valencia said he disagrees that there was much participation in the preparation of the Police Department plan. Ms. Bunny Tinker, 1010 Furman Ave., asked the Council and staff to review the city ordinance regarding hunting in the city limits as it applies to bows and arrows. She said there is a hunter next door to her property in Flour Bluff and he has a 15- to 20 -foot blind and a large cross bow. Mayor Neal asked staff to provide a report on Ms. Tinker's questions. Mr. Jack Gordy, 310 Norton St., said the Council Action Request list in the City Manager's report has contained an item for several months regarding reviewing the city, state and federal laws regulating signs in public rights-of-way. He asked about the status of that request. He also described instances of illegal signs throughout the city, including portable signs, campaign signs, and signs on utility poles. Mayor Neal directed the City Manager to enforce the law. Mr. J.E. O'Brien, 4130 Pompano, questioned the percentage of police reports cited by staff that have to have information redacted from them. Mr. O'Brien also referred to the August 20, 2001 letter from the General Services Commission (GSC) to the city regarding charges for police reports, and he commented on a recent financing, saying the city could have received a better rate. He said he thought the vehicle lease information the Council received earlier was misleading, and he asked if the City Manager has apologized to Mr. Gordy yet. Mr. Leon Perez, 904 Buford, reported a problem of high weeds at a property at Sixth and Buford streets. Council Member Colmenero said Mr. Perez had called him with that complaint and he informed the City Manager's Office about it. He said they hope to resolve it once and for all. Mr. R.F. Hasker, 1813 Wallace, read from the September 21, 2001, letter from the GSC to the city regarding charges for police reports. Mr. Hasker said the language in the letter was quite simple but the city circumvented the intent of the law. He said Mr. Gordy deserves an apology for comments made about him by the City Manager. Mayor Neal asked Mr. Bray if the city is now in compliance with the law, and Mr. Bray replied affirmatively. Minutes - Regular Council Meeting October 9, 2001 Page 20 Mayor Neal called for the City Manager's report. Mr. Garcia said that on October 16th the Council will have a public hearing at 2 p.m. on the annexation program, among other items. Mayor Neal called for Council concerns and reports. Mr. Chesney invited all citizens to attend a town hall meeting on October 10, 2001 at Moody High School and he thanked the Martin Middle School Teen Leadership members who invited him to speak. Mr. Chesney also raised the issue of the sand on North Beach. Mr. Garcia distributed a letter to the Council from Shiner Moseley and Associates about that issue. Mayor Neal suggested that staff schedule that as a presentation at a future meeting. Mr. Colmenero asked staff to keep the Council informed about the budget implications of the September 11th terrorist attacks, and he suggested that an official kickoff be held of the installation of the traffic signal at Sunnybrook and Kostoryz streets. Mr. Noyola reiterated the town hall meeting at Moody High School and he asked about the WIC employees. Mr. Garcia said that will be subject to negotiations and staff will bring a recommendation to the Council. Mr. Noyola asked about one-way traffic patterns at Sanders Elementary School and Mr. Garcia said staff will provide a report. Mr. Kinnison discussed the importance of staff providing information to the Council well in advance of their meetings so they can study it, such as the upcoming island annexation program. Mr. Kelly said he had received a call about the condition of mowing throughout the Hillcrest area. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:00 p.m. on October 9, 2001. * * * * * * * * * * -r * **