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HomeMy WebLinkAboutMinutes City Council - 04/27/1999I 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 April 27, 1999, which were approved by the City Council on May 11, 1999. WITNESSETH MY HAND AND SEAL, this 1 1th day of May, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 27, 1999 2:13 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Javier D. Colmenero Melody Cooper Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor T.H. Gonzales, Templo Elim Assemblies of God, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John 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 Neal called for approval of the minutes of the regular Council meetings of April 20, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal introduced Judge Mike Westergren, 214`" District Court, who conducted the swearing-in ceremony for the Municipal Court Judges: Rodolfo Tamez, Don Alex, Nelva Gonzales Ramos, and Julianna Siracusa Rivera. The Municipal Court judges expressed their appreciation to the Council for their reappointments. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and opened discussion on Item 18, District 3 election returns. City Secretary Chapa explained that a recount of the results of the runoff election in District 3 was held on April 23, 1999. He said Mayor Neal appointed a committee of seven people and he named Mr. Chapa as the Recount Supervisor. Mr. Chapa thanked the committee members for their Minutes Regular Council Meeting April 27, 1999 Page 2 work during the recount, which resulted in Mr. Jesse Noyola receiving one less vote. Mr. Chapa said election law requires that if there is a change, the canvassing authority must recanvass and that an ordinance be approved reflecting the new results for District 3. Council Member Betty Jean Longoria made a motion to approve the ordinance, seconded by Council Member Scott. Mayor Neal called for a voice vote on Item 18, and it passed as follows: 18. ORDINANCE NO. 023625 Ordinance amending Ordinance No. 023617 recanvassing the returns and declaring the results of the recount for District Three held on April 23, 1999, in the City of Corpus Christi. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************ Mayor Neal opened discussion on Item 19. He explained that he had asked for the proposed resolution to allow the City Council to show support of the Nueces County bond election. Council Member Scott made a motion to approve the resolution, seconded by Council Member Betty Jean Longoria. The Mayor then called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he did not believe the city should be involved in this issue. He reminded the Council that at their Last meeting, he had made them aware of a petition in the City Secretary's Office containing the signatures of over 8,600 registered voters against Packery Channel. He said there is no comprehensive plan for Padre Island that has been adopted by the Council. Mr. O'Brien also referred to the Community Progress Partnership (CPP), which was voted against by 69% of the voters. He said the Corpus Christi Taxpayers Association has voted to work very hard to defeat the county bond election, adding that there is much misinformation regarding the actual cost as far as the county's tax rate is concerned. Mr. R.F. Hasker, 1813 Wallace, said that a majority of voters had defeated the proposed sales tax increase regarding the CPP. Mr. Abel Alonzo, 1701 Thames, said he hopes the City Council unanimously supports the resolution pertaining to the county's bond election. He said the projects will create good -paying jobs and improve the community's economic development. He said one of the reasons the CPP failed was that it was not inclusive enough, which he said they can learn from in this endeavor. Mr. Tom Curlee, with the Port Industries of Corpus Christi, said they have considered the county's proposed projects and they heartily endorse the Council's resolution in support. He said it Minutes Regular Council Meeting April 27, 1999 Page 3 will create economic development and more jobs. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 023626 Resolution in support of the Nueces County bond program related to the elevation of the JFK Causeway, dredging of the Packery Channel, and the development of the Nueces County Fairgrounds project. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Airport Advisory Board Abel Alonzo Willard Hammonds Sr. Jerry Kane Jorge Rangel Water/Shore Advisory Committee Trian Serbu (Reappointed) James Barnett Robert Forest (Reappointed) Mercedes Salinas (Reappointed) Frank Beck C.C. Regional Transportation Authority John Buckley Commission on C ildren & ou Mary Jackson (Reappointed) Jeff Jung (Reappointed) Joseph Alley (Reappointed) Missy Medary Verna Portis Rebecca Stutts Coastal Bend Council of Governments Council Member John Longoria (Reappointed) Armando Chapa (Alternate) Council Member Javier Colmenero (Reappointed) Tom Utter (Alternate) Council Member Arnold Gonzales (Reappointed) Council Member Henry Garrett Council Member Rex Kinnison Council Member Mark Scott City Manager David Garcia Clif Moss (Reappointed) Jorge Garza (Alternate) Ogilvie Gericke (Alternate) Ed Garai% (Alternate) Andres Leal Jr. (Alternate) Elsa Munoz (Alternate) Marco A. Cisneros (Alternate) Minutes Regular Council Meeting April 27, 1999 Page 4 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton Street, referred to the selection of the Mayor Pro Tem at last week's Council meeting. He noted that the Mayor voted against the order of the Mayor Pro Tem service dates, which was different from what he had originally proposed. Mr. Gordy said that also last week, City Manager Garcia had made a comment following Mr. Mike Baker's remarks regarding the use of the Sidbury House. Mr. Baker had asked Mr. Garcia to repeat his comment and Mayor Neal told Mr. Baker that the comment was directed to the Council, not to him. Mr. Gordy said the Mayor's remark was disrespectful. Mr. Burton Smith, 5402 Sugar Creek, commented on the issue of seismic testing on Padre Island and in the Laguna Madre. He asked the Council to give objective consideration to the potential benefits that significant oil and gas revenues could provide to the whole community. Mr. Mike Baker, 4641 Gayle Circle, also discussed what occurred last week following his remarks to the Council about the Sidbury House. He continued to object to any suggestion of converting the second story of that historic building into office space. Mr. J.E. O'Brien said that presentations to the City Council should be made during a workshop session, which should help expedite the regular meetings. He also said the City of Corpus Christi hires seven lobbyists and their compensation ranges between $150,000 and $339,000, while the City of San Antonio has six lobbyists who are compensated from $100,000 to $199,000. ************* Mayor Neal referred to the presentations on the day's agenda. City Manager Garcia said the first presentation was part of a continuing series about how different entities in Corpus Christi are preparing for the year 2000. Ms. Debbie Lindsey -Opel, Public Affairs Coordinator for 11 -E -B Food Stores in this area, discussed steps the company has taken so far for the Y2K issue. She gave an overview of the 14 -E -B Company, which has 260 stores (located primarily in Texas), 12 manufacturing plants, six transportation terminals, four retail support centers, and four regional operations offices as well as the corporate office in San Antonio. In Corpus Christi, H -E -B has 11 food/drug stores, a bakery and tortilla plant, a retail support center, warehouse, transportation terminal, regional office, and a credit union. Ms. Lindsey -Opel said the company began preparing for Y2K in 1997 by evaluating their mainframe systems, distributed systems, vendor systems, and embedded systems, which she described. She noted that H -E -B has been in business for 95 years and they will continue to monitor their preparedness. Council Member Gonzales asked about the company's readiness regarding Minutes Regular Council Meeting April 27, 1999 Page 5 prescriptions through their computers. Ms. Lindsey -Opel replied that they have addressed that issue internally and with the major pharmaceutical companies, which are vendors. She also encouraged citizens to check with their physicians to ensure that their prescriptions are up to date. * * * * * * * * * * * * * The second presentation was about the Park and Recreation Department's summer youth programs. Mr. Tony Cisneros, Director, said their goal is "building healthier kids for a healthier community" by providing safe, professionally supervised environments, enhancing life skills, and providing affordable programs that are easily accessible. The programs include: Latchkey and adaptive summer camps; teen and youth recreation programs; basketball, girls' fastpitch, and boys' baseball; sports camps; swimming programs; arts and cultural activities; free lunch program; and programs offered through various grants, such as the 78415 grant, Weed and Seed, and Workforce Development. Mr. Cisneros also discussed the value of the city's recreation program. Responding to Council Member Colmenero, Mr. Cisneros said they continue to seek grant opportunities to fund youth programs. Council Member John Longoria suggested that the participants in the 78415 programs be provided with cards identifying them as participants. He also noted that the programs paid for through the 78415 and Weed and Seed grants are provided by subcontractors, and he asked if audits are conducted of those programs. Mr. Cisneros replied that city staff has a duty to ensure that the contracts for services are complied with. Mr. Longoria also requested a membership roster of the Weed and Seed Committee. In reply to Council Member Cooper, Mr. Dan Whitworth, Assistant Director of Programs, described the operation of the free lunch program and publicity of the department's entire summer offerings. Council Member Betty Jean Longoria asked about the West Oso, Calallen and Tuloso- Midway areas. Mr. Whitworth replied that in the past the YMCA, YWCA and the Boys and Girls Club have offered programs in those areas. He said in order to expand the city's programs there, they would need to couple with those school districts to access their facilities. Mrs. Longoria asked staff to look into working with the Regional Transportation Authority to provide youth with transportation to the program sites. Council Member Gonzales expressed his support of the programs. Council Member Kinnison discussed distribution of the program brochure to students, and Council Member Garrett asked about programs for teens in the evening hours. Mr. Whitworth said the teen programs operate from 1 p.m. to 5 p.m., although many of the recreation centers are open until about 8 p.m. Ms. Cooper suggested that youth who take advantage of the free lunch program be kept informed of the other youth programs the city offers. Dr. Gonzales then discussed conditions at Kids Place in Cole Park. He distributed pictures he had taken that morning of several examples of graffiti on the wooden planks in that playground, and he said there is trash throughout. He said the Council needs to pass laws to fine or jail anyone who is caught vandalizing through graffiti. Responding to Dr. Gonzales and other Council members' Minutes Regular Council Meeting April 27, 1999 Page 6 comments and questions, Mr. Cisneros discussed the difficulties presented by the design and materials used at Kids Place. He said the critical issue is for the community to strive for zero tolerance of vandalism and graffiti. City Attomey Bray said the city has a graffiti ordinance, and any kind of graffiti is considered criminal mischief under the penal code; the penalties range based on the amount of money it takes to correct the damage. City Manager Garcia said they are going to have to replace the wood in some areas of Kids Place, which will take a lot of effort and expense. * * * * * * * * * * * * * The third presentation was made by Mr. Ray Torno of Bennett, Martin & Solka architects, who discussed the design of the new Southeast Senior Center. Mr. Torno thanked those who have participated in the project so far, including the staffs of Engineering, Park and Recreation, and Senior Community Services, as well as the focus group which provided their input. Mr. Torno noted that when this project was initiated, three potential sites were discussed: the Garden Center, Lakeview Park at Holly and Rodd Field Roads, and Schanen Park. He said the Garden Center was chosen because of its proximity to the neighborhood and the participants being served, an abundance of city -owned land, and the existence of the Garden Center facility itself. He said the plan is to create four multi-purpose activity areas and to extensively renovate the existing facility. Responding to Mayor Neal, Mr. Torno said they had originally underestimated the extent of required renovations to the existing facility, but those issues have been resolved and the focus group and advisory group are in concurrence with this design. Dr. Gonzales asked if a sprinkler system would be included. Mr. Torno replied that since the building is less than 10,000 square feet, the code does not require a sprinkler system. * * * * * * * * * * * * * The last presentation was an update on the TCI Cablevision of Texas franchise renewal process. Mr. Ogilvie Gericke, Acting Assistant City Manager for Public Works and Utilities, explained that in May 1998, TCI informed the city that they would like to renew their franchise agreement, which involves a complex process. On November 24, 1998 the City Council approved a professional services agreement with Mr. Adrian Herbst of The Bailer Herbst Law Group to assist the city with the franchise renewal. The City Manager then appointed a franchise renewal committee consisting of city staff members to provide assistance, information, and needs assessment. Mr. Herbst noted that TCI's merger with AT&T resulted in the formation of the second largest cable company in the world. He said the City of Corpus Christi is not precluded from granting additional cable franchises if it chooses to do so. The current franchise, which was granted in 1981 and expires in 2001, provides that the city receives 4% of the gross revenues, or over $1 million annually. He said the Council needs to make different findings for renewal of the franchise, including Minutes Regular Council Meeting April 27, 1999 Page 7 determining the following: whether TCI has provided satisfactory service and performance; whether they have complied with the existing franchise; and whether they have the legal, financial and technical qualifications to meet the proposals and requirements for the future. Mr. Herbst also discussed the informal and formal processes provided for under the law and programming that may be provided in the future. He and the City Manager also responded to Council members' questions. ************* Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and opened discussion on Item 15, consideration of an appeal by the Corpus Christi Coffee Club and Mr. Reynaldo Madrigal from the Corpus Christi Cable Communication Commission's decision to uphold TCI Cablevision of Texas, Inc.'s ruling that a Coffee Club cable program contained commercial advertising in violation of a City ordinance, and consideration of their contention regarding action of the Cable Communication Commission related to a one-hour Coffee Club programming time slot. The Mayor asked if this is considered a public hearing. City Attorney Bray replied that it is not a public hearing but rather a contested hearing with parties to it. Mr. Bray explained that under the city's cable television franchise agreement, TCI is required to provide certain channels for public, educational, and government processes. This issue involves use of the public access cable channel, which is provided for public use for free, non-commercial programming. He said in this case a subscriber called in to TCI with a complaint that the city's ordinances and rules had been violated. The TCI staff looked into the complaint and determined that the rule had been violated by the Coffee Club program. Pursuant to the ordinance, Mr. Madrigal appealed TCI's decision to the Cable Communication Commission, which held a hearing and determined by a 2-1 vote that a violation had occurred. Mr. Bray also referred to a transcript of the statements that were made during the Coffee Club program, which were included in the Council members' agenda packets, as well as the general rules pertaining to this issue regarding identification of a product or service. He said the Commission felt that the specific statements made during the program constituted advertising for the San Luis Restaurant. He said the issue before the City Council is whether to uphold the action of the Cable Communication Commission. Mr. Madrigal said that at no time did the members of the Coffee Club advertise the San Luis Restaurant; they only advertised that they were moving from one location to another. He said if the Council were to have a meeting at another location, they would advertise that location, which is the same thing the Coffee Club did. Mr. Madrigal also questioned who had made the complaint, and he also discussed the removal of one hour of the Coffee Club's two-hour program schedule. Mayor Neal Minutes Regular Council Meeting April 27, 1999 Page 8 said the issue of the one-hour time slot was not an issue before the Council that day since the Cable Communication Commission did not rule on it. Mr. Madrigal objected. The Mayor said Mr. Madrigal needed to go back to the Commission so they could make a determination on the issue of the one-hour time slot. Mayor Neal called for any other public comments, and there were none. Council Member Cooper made a motion to sustain the appeal by the Corpus Christi Coffee Club of the decision of the Corpus Christi Cable Communication Commission's decision and TCI Cablevision of Texas Inc.'s ruling that a Coffee Club cable program contained commercial advertising. She said the Coffee Club was advertising the location of their program, which is an essential element. Council Member John Longoria seconded Ms. Cooper's motion. Council Member Colmenero said he also agreed with the motion, referring to one of the exhibits in the Council packet. Council Member Kinnison said that in reading through the detailed regulations, it appears that the problem was when the address and the name of the restaurant were mentioned during the Coffee Club program. Council Member Gonzales said he did not feel there was any advertising by the Coffee Club. City Secretary Chapa polled the Council for their votes as follows: 15. M99-119 Motion to sustain the appeal by the Corpus Christi Coffee Club of the decision of the Corpus Christi Cable Communication Commission's decision and TCI Cablevision of Texas Inc.'s ruling that a Coffee Club cable program contained commercial advertising. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Kinnison and Scott voting "No." ************* Mayor Neal opened the public hearing on the following zoning case: 13. Case No. 399-3, Mitchel Floyd: A change of zoning from `B -2A" Barrier Island Business District to "I-2" Light Industrial District on Padre Island No. 1, Block 15, Lots 9B, 10B, and 11B, located on the east side of Palmira Drive, approximately 400 feet south of Merida Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District. He said the ordinance on the agenda is to grant the "I-2" zoning. He added that the Minutes Regular Council Meeting April 27, 1999 Page 9 20% rule is in effect and he explained that notices are sent to property owners within a 200 -foot radius of the subject zoning. If the landowners representing 20% of the land area are opposed to the subject zoning, three-fourths of the Council or seven votes are required to approve the zoning change. Responding to Mayor Neal, Mr. Michael Gunning, Acting Director of Planning and Development, said that since the Planning Commission denied the rezoning request to "I-2," the applicant is restricted from refiling the application on the same piece of property for a period of one year. He said the applicant can request that the waiting period be waived and the Planning Commission can make that recommendation to the City Council if changes in circumstances merit reconsideration of the zoning request. In response to Council Member John Longoria, Mr. Gunning said that originally the 20% rule was not in effect but an additional notice was received in opposition to the rezoning which triggered the 20% rule. Mr. Mitchel Floyd, 15318 Mutiny Court, the applicant, said that after his zoning request was denied by the Planning Commission, he began looking into the matter. He said that before he submitted his zoning application, a master plan had been put into effect to revamp the `B -2A" zoning on Padre Island and he questioned why his application was taken and why that was not public knowledge when he purchased the land. Mr. Gunning replied that the city does not have an adopted area development plan in effect for Mustang Island and Padre Island. He said he thought Mr. Floyd was referring to the fact that his was the fourth in a sequence of rezonings that have occurred in recent years along Palmira Avenue. He said that when the Padre Island Property Owner's Association (PIPOA) received Mr. Floyd's rezoning request for an "I-2" District, they expressed concern. During discussions with staff, it was determined that the `B -2A" District, particularly along Palmira Avenue, needs to be investigated as does other zoning uses on Padre Island. Mr. Floyd said he had met with the PIPOA and the Architectural Control Committee and they both approved his plans for an office/warehouse facility for wholesale sales. He added that the current `B -2A" zoning would allow him to place a retail building on the subject property now without any rezoning or approval. Mr. Gunning concurred, adding that the 2,000 -square foot warehouse use proposed by Mr. Floyd is not allowed in `B -2A" zoning, although it is a less intense use than some of the "B -2A" uses that are already permitted as a matter of right. Mr. John Fisher, a member of the PIPOA board, said he supports the staffs recommendation to deny the "I-2" zoning. He said a committee has been formed to develop a plan for zoning uses on Padre Island. Responding to Council Member Kinnison, Mr. Gunning reiterated that the applicant could Minutes Regular Council Meeting April 27, 1999 Page 10 establish a retail use under the current zoning without special conditions regarding architectural appearances. Mr. Floyd said if he placed a retail building on that property, there would be more traffic and more problems. He said he was appearing before the City Council because he wished to work with the PIPOA to develop the property in a way that would satisfy everyone's concerns. Council Member Scott questioned whether a special permit could be granted for Mr. Floyd's warehouse use while still abiding by the PIPOA's architectural considerations. Mr. Fisher said the PIPOA's opposition was to the light industrial zoning; he added that the special permit would be appropriate. Mr. Gunning said an ordinance was prepared and included in the Council members' packets that establishes the special permit conditions that are acceptable to both the applicant and the PIPOA. Council Member Gonzales made a motion to substitute the ordinance before the Council with the ordinance granting the special permit with certain conditions. The motion was seconded by Council Member Betty Jean Longoria and passed. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. City Secretary Chapa polled the Council for their votes on the substituted ordinance: 13. ORDINANCE NO. 023623 Amending the Zoning Ordinance upon application by Mitchel Floyd by granting a special permit for warehouse use subject to six (6) conditions on Lots 9B, 10B, and 11B, Block 15, Padre Island No. 1; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Responding to Mayor Neal, Mr. Gunning further explained that it is staff's intention --along with the committee mentioned by Mr. Fisher --to study zoning issues on Padre Island, particularly in the area of Palmira Avenue. The Mayor asked Council Members Garrett and Scott to assist in developing that master plan. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 14. Case No. 399-6, Robert and Minerva Recio: A change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Alameda Place, Block 1, Lots 1 and 2, located on the northeast comer of Glazebrook and South Alameda Streets. Minutes Regular Council Meeting April27, 1999 Page 11 City Secretary Chapa said the Planning Commission recommended denial of the `B-1" District, and in lieu thereof, approval of a special permit for a restaurant subject to five conditions. The staff's recommendation was denial of the `B-1" District. He said the ordinance on the agenda was the Planning Commission's recommendation for a special permit. Mr. Berney Seal said the applicants, Robert and Minerva Recio, wish to open a restaurant on the corner of Alameda and Glazebrook streets. He said they can do that with a special permit but he asked the Council to consider granting them the "B-1" zoning outright, which he said will help business move forward in Corpus Christi. Mrs. Recio said it is their family's dream to own a restaurant, which they propose to operate Sundays through Wednesdays, 5:30 a.m.-3 p.m., and Thursdays through Saturdays, 5:30 a.m.-8 p.m. She also said they would accept the special permit but they would prefer the "B-1" zoning because she did not want the restaurant's sign limited to 4 feet by 5 feet, which would have to be shared with other tenants of the building. Mr. Ferris Wade, 5733 Ocean Drive, the owner of the subject property, said he is impressed with the Recio family and their intention to open the restaurant there, which he believes will be successful. Responding to Mayor Neal, Mr. Gunning said staff is reviewing the uses that are allowed as a matter of right in all of the city's commercial districts. In the next few months they intend to bring to the Council a proposed zoning district for the Gardendale area, which will regulate uses along Williams Drive and Holly Road. He said they are taking a new approach in that proposal by using the floor area ratios in order to minimize the intensity of the use and its impact on traffic. He said that district will have applicability to many of the city's corridors, including Alameda Street, Weber Road, and Everhart Road. With regard to this zoning case, Mr Gunning showed a video of the land uses adjacent to the subject property. Council Member John Longoria said that in the past the Council has granted higher zoning requests ("spot zoning") in other areas adjacent to neighborhoods, such as along Kostoryz Road. Council Member Scott said he lives two streets from the subject property and he said he supports the restaurant use but he feels access from Glazebrook should be denied. Mr. Gunning said there is an existing driveway on Glazebrook that is used for the office there. He said the driveway does not meet the city's current driveway standards but its use is "grandfathered" and they can continue using it. With regard to signage, Mr. Gunning said the Council cannot increase the signage under a special permit, but the applicants could request a conditional sign permit from the Planning Commission for a 20 -square -foot freestanding sign. Under `B-1" zoning one freestanding sign would be allowed as a matter of right, but it could not exceed 20 feet in height and 40 square feet in area. Responding to Council Member Kinnison, Mr. Gunning explained that a restaurant is only Minutes Regular Council Meeting April 27, 1999 Page 12 considered a bar if over 75% of its gross sales is in alcohol sales. Consequently, a `B-1" permitted restaurant can still have a substantial amount of alcohol sales and still be considered a restaurant use under the law. In reply to Council Member Garrett, Mr. Gunning said that if a special permit is granted, the only allowed use would be the specified restaurant use and the uses allowed under the base zoning of "AB" Professional Office District. City Manager Garcia pointed out that the proposed special permit contains a condition that prohibits access to Glazebrook Street from the restaurant parking area. Mr. Gunning said the "B-1" zoning would allow use of the driveway on Glazebrook Street. Council Member Betty Jean Longoria asked if there was a requirement to replat under the "B-1" zoning. Mr. Gunning said a person can build over lot lines as long as he builds on platted lots, and both of the lots on the subject property are platted. Mr. Longoria made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Responding to Council Member Colmenero, Mr. Gunning said that if the applicants wished to pursue the conditional sign permit, the next filing deadline for any applications would be May 7`h and it would go to the Planning Commission during their last meeting in May. Ms. Cooper said she supports the special permit. She noted that if "B-1" is granted it would be the only "B-1" on that side of Alameda Street for several blocks. In reply to Mayor Neal, Mr. Chapa said the ordinance before the Council is for a special permit, which would require a simple majority to pass. If the Council decides to change the zoning to `B-1" and therefore overturn the Planning Commission's recommendation, it would require a majority plus one. Mr. Scott asked if "B-1" was granted, whether a convenience store could be built on the subject property at some time in the future; Mr. Gunning said that was possible. Mr. Scott said he wants the applicants to have a restaurant with adequate signage but he does not want to leave that property open to a convenience store in the future, which he believes would be an invasion to the neighborhood. Mr. Chapa began to call the roll on the ordinance granting a special permit. Before casting his vote, Mr. Garrett asked for clarification, saying that he supports "B-1" instead. Mr. Gunning said the ordinance being voted on by the Council is to deny the "B-1" and in lieu thereof approval of a special permit for a restaurant use subject to five conditions. He said if that fails the Council could make an alternate motion to grant the `B-1" zoning. Council Member Gonzales asked if the Council could start over since there were some new Council members unfamiliar with the process. He then made a motion to substitute the ordinance to grant the "B-1" zoning, seconded by Ms. Cooper. Mr. Chapa said the motion to substitute would Minutes Regular Council Meeting April 27, 1999 Page 13 take a simple majority to pass, following which they would vote on the substitute ordinance itself, which would require six votes. Mr. Chapa polled the Council for their votes on Dr. Gonzales' motion to substitute the ordinance. The motion passed as follows: Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Neal and Kinnison voting "No"; Scott abstaining. (Mr. Scott explained that he was advised by the City Attorney to abstain due to his home's proximity to the subject lot.) City Secretary Chapa polled the Council for their votes on the substitute ordinance: 14. ORDINANCE NO. 023624 Amending the Zoning Ordinance upon application by Robert and Minerva Recio by changing the zoning map in reference to Lots 1 and 2, Block 1, Alameda Place, from "AB" Professional Office District to "B-1" 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 by the following vote: Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Neal and Kinnison voting "No"; Scott abstaining. ************* Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-12. Council members requested that Items 7, 8, and I0 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-110 Motion approving the purchase of one vacuum truck and one truck cab and chassis from Houston Galveston Area Council of Governments, Houston, Texas, based on a cooperative purchasing agreement for total expenditures of $236,799.18. The vacuum truck, unit price of $183,392.22, will be used by the Wastewater Services. The truck cab and chassis, unit price of $53,406.96, will be used by Street Services. Both units are replacements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M99-111 Motion approving the purchase of a handheld electronic meter reading system from Minutes Regular Council Meeting April 27, 1999 Page 14 Datamatic, Inc., Richardson, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total of $83,838. Funds are available from the No. 510 Computer Systems Capital Improvement Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M99-112 Motion approving a maintenance agreement with Physio -Control Corporation, Redmond, Washington, based on sole source for testing and calibrating automatic external defibrillators for the Fire Department - EMS. The term of the agreement is twelve months; the amount is $18,264.17. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M99-113 Motion authorizing the City Manager or his designee to execute a construction contract with Bradley's Inc. of Corpus Christi, Texas, in the amount of $17,500 for the O.N. Stevens eddy current drive replacement - FY 98-99 hi -service pump No. 9 eddy current clutch repair. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M99-116 Motion authorizing the City Manager or his designee to execute a contract with Trinity Engineering Testing Corporation for a fee not to exceed $89,325 for quality control testing, soil and liner evaluation report, geomembrane liner evaluation report, and ballast evaluation report for the J.C. Elliott Landfill expansion Sector 8 liner improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M99-118 Motion setting compensation for Municipal Court Judges as follows: Rodolfo Tamez, Presiding Judge, Division A—$65,920; Donald Alex, Judge, Division B--$52,530; Nelva Gonzales Ramos, Judge, Division C—$52,530; and Julianna Siracusa Rivera, Judge, Division E—$20,000. Minutes Regular Council Meeting April 27, 1999 Page 15 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the Corpus Christi Senior Softball Association for Kiwanis Softball Complex, in consideration of the Corpus Christi Senior Softball Association maintaining the premises and improvements and operating a senior softball program. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, Texas State Aquarium carpeting. Council Member Kinnison questioned the statement in the agenda material which said "the contract specifies a 45% minority participation requirement and a 15% minority business enterprise participation requirement." Mr. Kinnison said he thought those elements would not be required in the contract. City Manager Garcia agreed, saying that statement was an error. Mr. Kinnison said he had had the same question on Item 8. City Secretary Chapa polled the Council for their votes as follows: 7. M99-114 Motion authorizing the City Manager or his designee to execute a construction contract with Allison Carpet and Garage Doors in the amount of $43,700 for new carpet in the Texas State Aquarium in accordance with provisions of the Contract Management Agreement. Funding is provided by the Texas State Aquarium Association. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, Bayfront Terrace area alley utilities. Council Member Colmenero asked if this project would resolve some of the problems that have emerged in the area between Ayers, Coles, Ocean and Second streets. Mr. Garcia said that was correct, adding that staff believes this project will go much smoother than the previous project in the Del Mar area. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 27, 1999 Page 16 8. M99-115 Motion authorizing the City Manager or his designee to execute a construction contract with Casey Brothers Construction and Paving Inc. in the amount of $73,425 for the Bayfront Terrace Area alley utilities project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, and Scott voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, Sector 8 landfill liner construction. Council Member Scott asked if the city's bid specifications normally give opportunities for total bid discounts. Mr. F.D. Glenn, Purchasing Agent, replied that the city's standard terms and conditions allow the bidders to bid either any part or all, and the city reserves the right to award any part or all of a bid. City Secretary Chapa polled the Council for their votes as follows: 10. M99-117 Motion approving the rental of equipment in accordance with Bid Invitation No. BI -0099-99 for the Sector 8 liner construction project, Solid Waste Services Department, from Holt Company of Texas, Corpus Christi. Award is based on the total low bid of $205,071.18. The term of the project is six months, with option to extend month to month for each piece of equipment until the project is completed, subject to the approval of the vendor and the City Manager or his designee. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, Police Department computer system. He called for comments from the audience, and there were none. Council Member Garrett asked how close they were to installing the mobile data terminal/automated vehicle location system (MDT/AVL). City Manager Garcia replied that this item was an important step in creating the capacity in the main system to deal with the increased data flow that will be generated by the MDT/AVL system. Police Capt. Leonard Scott added that the terminals are scheduled to be installed in the police vehicles in August 1999, with installation to be completed by the end of 1999 and acceptance in April 2000. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 27, 1999 Page 17 16.a. M99-120 Motion approving the purchase of a computer system upgrade in accordance with Bid Invitation No. BI -0084-99 from Sequel Data Systems Inc., Austin, Texas, for the amount of $368,692. The upgrade system is the Police Department backbone computer system for the mobile data terminal/automated vehicle location system. The award is based on low bid. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.b. M99-121 Motion authorizing the City Manager or his designee to execute a contract with Tiburon Inc., Fremont, California to re -install CAD, RMS & externals on the upgrade Police Department backbone computer system in the amount of $15,000. The award is based on sole source. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, brush truck replacement purchase and additional brush crew costs. He called for comments from the audience, and there were none. Responding to Council Member Garrett, Mr. Andy Leal, Director of Solid Waste Services, said the city has a total of 22 brush trucks and seven brush loaders. He said that generally there are four brush crews on the street each day, which consists of a brush loader and four to five trucks, depending on the distance that is being traveled to and from the landfill. The City Manager added that the cost of this proposal includes the personnel to operate the new equipment. Mr. Garrett asked if the city had asked Nueces County for assistance in their brush pickup efforts. Mr. Leal said the Sheriff's Department has a program which helps city crews at least twice a week to pick up illegally dumped debris; in addition, people who are required to do community service will be assisting in picking up debris along rights-of-way. In reply to Council Member Gonzales, Mr. Leal said the brush loaders are used heavily and it is difficult to keep them maintained; usually five are kept in operation. He added that several months ago staff began using the old Westside landfill on Carbon Plant Road as a temporary storage area for clean brush, which is later ground and used for erosion control. He said that two of the trucks are replacements and the other five are for the proposed new crews. Minutes Regular Council Meeting April 27, 1999 Page 18 Responding to another question from Dr. Gonzales, City Manager Garcia said this proposal is in anticipation of the priority that the Council will place on brush collection. He said it is being proposed now due to the lead time associated with purchasing the equipment, which is about nine months for the brush trucks and 12 months for the brush loader. The City Manager added that staff is also revising the brush ordinance to present to the Council, which will consist of several elements, including establishing a brush collection schedule; limiting the timing and type of debris that can be put out by citizens; and loosening up on the landfill requirements to provide more accessibility. Mr. Garcia pointed out that there was an extraordinary effort to get the brush collection caught up to its usual eight-week cycle. That effort involved taking city crews off water and wastewater projects, as well as hiring three outside contract crews. Dr. Gonzales said that brush collection was a priority of the Council and they added a brush crew in the budget. Mr. Garcia noted that due to budget constraints, he had recommended, and the Council ultimately accepted, cutting that additional crew from the budget. He said the savings were achieved in this fiscal year and the expenditures in this proposal would occur in the next budget cycle. Council Member John Longoria said staff did not include a plan when they brought this item back to the Council --staff included the same information they provided when they originally made this proposal to the Council on April 13, 1999. Mr. Garcia replied that he understood the Council to say at that meeting that this proposal for trucks would not solve the immediate problem with brush collection that existed. Consequently, several steps were taken to address the immediate problem. Mr. Garcia said he is saying now that they need to take steps to ensure that this problem does not occur again. He reiterated that this proposal is part of a comprehensive strategy that will be brought back to the Council. Mr. Longoria said former Council Member Martin had expressed concern during the April 13`" discussion that manpower was a problem. Mr. Leal said another component in this plan is to have dedicated brush crews that will function at the same level and priority as garbage collection and recycling. Mr. Garcia said there are some organizational changes in the Solid Waste Services Department that staff is exploring; however, they are not ready to be presented to the Council because they have not been finalized. Mr. Longoria continued to express concern that a plan was not presented with this proposal. Mr. Garcia said it may be that he misunderstood the priority on this issue. He said another way to approach it would be to withdraw this item and include it with the other priorities during the upcoming budget discussions. Council Member Colmenero said it is important to know the costs of the steps that were taken to address the immediate brush collection problem, including the cost of outside contractors. Council Member Betty Jean Longoria said she would rather order the equipment now in anticipation of the other measures that Mr. Garcia will be bringing to the Council. She added that the landfill needs to be more "user friendly" for citizens, and she discussed the difficulties that arise in the budget process. Minutes Regular Council Meeting April 27, 1999 Page 19 Council Member Kinnison said he will support brush collection as a priority in the upcoming budget but he has a problem with approving this proposal at this time. Council Member Scott said he agreed that this item should be postponed, and he asked whether the changes in the ordinance will result in less brush. Mr. Garcia replied that one of the objectives will be to not necessarily reduce the amount of brush, but to reduce the amount of tonnage because they are proposing to prohibit many of the materials which are currently put out for collection. He said it is a misnomer to call it a brush pick-up because the crews really collect a lot of debris. Council Member Cooper asked what the impact will be on next year's budget. Mr. Garcia said it is $139,940 for six personnel, one brush loader, and five brush trucks. Ms. Cooper asked if they will still need the additional equipment if they implement the other steps Mr. Garcia has discussed. Mr. Garcia replied that if they defer this decision to September, the equipment will not be available to impact next year's brush cycle. He said one of the key elements is to have a defined brush collection schedule and they need the resources in order to do that. Ms. Cooper said she agrees with Mrs. Longoria in supporting this proposal. Mayor Neal urged staff to keep the brush collection effort at the highest level, particularly regarding the old brush that has been sitting out for months. Dr. Gonzales said he wants to support this proposal but he believes they should have a plan as well. He suggested that they postpone it for a few weeks to let staff develop a plan. Mr. Garcia replied that the key element of any plan is a revised solid waste ordinance because that is what will change the way the city does business. He said the Legal Department has been working on it for some time and they are also preparing a property maintenance ordinance. Mayor Neal suggested that the City Manager withdraw it and come back in 30 days with a plan. 17.a. WITHDRAWN Motion approving the purchase of seven brush trucks from Powcr Lquipmcnt International, Corpus Christi, for the total amount of $117,809. The trucks arc budgctcd by Solid Waste Services in thc 1998 99 Budgct as Lcasc/Purchase. 17.b. WITHDRAWN Motion approving thc purchase of one rcar steer brush loader from Davis Truck & Equipment, San Antonio, Texas for the amount of $87, 475, on the basis of sole manufacturer. The brush loader will be used by thc Solid Waste Scrviccs Department and is budgctcd as a five ycar lease/purchase. * * * * * * * * * * * * * Minutes Regular Council Meeting April 27, 1999 Page 20 Mayor Neal announced the three closed sessions, pursuant to Texas Government Code Section 551.071 regarding the following: Isaac Valencia et al v. City of Corpus Christi, No. 97-6099- C, 94th District Court, Nueces County, Texas, with possible action related thereto in open session; City of Corpus Christi v. Advisory Commission on State Emergency Communications, No. 99- 02304, 201' District Court, Travis County, Texas, with possible action related thereto in open session; and Texas Natural Resource Conservation Commission Notice of Enforcement Action, City of Corpus Christi Public Water Supply System, O.N. Stevens Water Treatment Plant, Corpus Christi, Nueces County, Docket No. 1998 -1391 -PWS -E, with possible action related thereto in open session. The Council went into closed session. The Council returned from closed session. Council Member Gonzales made the following motion, seconded by Council Member Scott, and passed as follows: 0.2. M99-122 Motion relating to City of Corpus Christi v. Advisory Commission on State Emergency Communications, No. 99-02304, 201' District Court, Travis County, Texas, authorizing the City Manager to extend the contract of Butler, Porter, Gay & Day, the law firm representing the City, by an additional $15,000. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. Council Member Gonzales made a motion to approve the following items as stated by Mayor Neal, seconded by Council Member Scott, and passed as follows: O.3.a. M99-123 Motion authorizing the City Manager to execute an agreed order with the Texas Natural Resource Conservation Commission relating to TNRCC Docket No. 1998 -1391 -PWS -E. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." O.3.b. M99-124 Motion directing the Water Superintendent and Director of Solid Waste Services to proceed with the supplemental environmental project to clean up litter along the Upper Laguna Madre shoreline, Oso Bay shoreline, and along Oso Creek upon formal approval of the agreed order relating to TNRCC Docket No. 1998 -1391 -PWS -E, Enforcement ID No. 13041 by the TNRCC Commissioners. Minutes Regular Council Meeting April 27, 1999 Page 21 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." O.3.c. ORDINANCE NO. 023627 Ordinance authorizing the transfer of funds to No. 1050 Federal/State Grants Fund and appropriating $14,175 in No. 1050 Federal/State Grants Fund for a supplemental environmental project to clean up litter along the Upper Laguna Madre shoreline, Oso Bay shoreline, and along Oso Creek. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal called for the City Manager's report. Mr. Garcia referred to a memo in his report to the Council about proposed changes to the subcommittee structure of the Oil and Gas Advisory Committee. He said that as of that day, Western Geophysical had not submitted their permit application for seismic testing; consequently, the earliest that the Oil and Gas Advisory Committee will consider their permit is May 19`11. He said staff will bring the proposed changes to the Council, which would basically establish the Council as an appeal body for those permit applications. He said there is growing interest in this issue among members of the oil and gas industry, and he added that this is a complex process. Mr. Garcia also reminded the Council about the CDBG public hearing on May 11 "' In his report, Mayor Neal stated that last week a group went to Dallas to make presentations to the bond rating agencies, and he complimented staff for their efforts. Mr. Garcia agreed, saying that the rating agencies were favorably impressed with the directions the Council had approved to address the city's financial situation. The Mayor reminded the Council of their upcoming retreat, and he called for Council concerns and reports. Council Member Kinnison asked about a hearing on the class action suit against Central Power & Light. City Attorney Bray replied that the hearing was postponed to May 10, 1999. Referring to the oil and gas ordinance, Mr. Kinnison asked that industry representatives be consulted on that issue. Council Member John Longoria said that quite some time ago he had asked about development on the L -Head and T -Heads, including possibly providing pad sites and working with the Greater Corpus Christi Business Alliance. He said he recently received a memo from Mr. Cisneros, the Park and Recreation Director, that the city had not received inquiries from any new restaurants, and staff felt an obligation to support the existing restaurants. Mr. Longoria said he had Minutes Regular Council Meeting April27, 1999 Page 22 asked staff to visit with the economic development team at the Alliance to put together a plan for development. Mr. Garcia said the whole issue of economic development needs to be discussed. Council Member Cooper reported a problem with signalization at Morgan Avenue and 19`h Street. She also said she will be having a town hall meeting at Carroll High School on May 3rd Council Member Garrett suggested that one-hour free parking at the airport be considered. Mr. Garcia said staff will provide a report. Mayor Neal said the Council discussed that issue at length during the last budget cycle but they can reconsider it. Council Member Betty Jean Longoria said that during the recent City Council campaign, the issue of communication was raised. She said she would like to see town hall meetings that involve notifying the whole Council but not requiring a quorum of the Council to be present. Mayor Neal said the Council will have time during their retreat to discuss that issue among others. Mrs. Longoria also requested a report on undesirable activity in West Guth Park, and she wondered whether the sign for the park is sufficiently large and visible. Council Member Colmenero said that in light of the plans to expand Kids Place, there needs to be a solution to the problem of graffiti at the park. He also requested a report on the basic services that TCI Cablevision provides, their existing underground network, their dollar value, and the amount of coaxial versus fiber optic lines. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:48 p.m. on April 27, 1999. * * * * * * * * * * * **