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HomeMy WebLinkAboutMinutes City Council - 10/26/1999I 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 October 26, 1999, which were approved by the City Council on November 9, 1999. WITNESSETH MY HAND AND SEAL, this 9th day of November, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 26, 1999 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero* Council Members: Melody Cooper* Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria Mark Scott ABSENT John Longoria City Staff: City Manager David R. Garcia 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. Medicus D. Rentz, South Texas Hospital Ministries Inc., following which 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. He added that Council Member John Longoria was out of the city on business and Council Member Colmenero was attending a family member's funeral and would be arriving later. Mayor Neal called for approval of the minutes of the regular Council meeting of October 19, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Leon Loeb, owner of The Market on Everhart shopping center (formerly known as Country Club Plaza), referred to the farmer's market that is operated there. He said that a few days ago the farmer's market vendors were told by a city zoning inspector that they were operating illegally and eventually the police were called. He said they were unaware that the farmer's market is not permitted to operate there as it has for the last 31/2 years. Mr. Loeb asked the Council to consider an amendment to the zoning ordinance to allow Texas certified farmer's markets to operate in an open-air fashion. Minutes Regular Council Meeting October 26, 1999 Page 2 Ms. Gertrud Bridges said that originally the farmer's market was located on Water Street and eventually it was moved to its present location. She said they provide fresh, Texas -grown vegetables, including to people with food vouchers. She described the encounter she had with the city inspector and asked that the Council allow them to continue to operate. Mr. Wiltoxi Prase said he agreed with Ms. Bridges' comments. He added that the Department of Agriculture has approximately 1,000 farmer's markets in the state, and many cities and towns provide areas for such markets. Mr. Jerry Chisholm, 3833 Alisa Ann, said many customers at the local farmer's market receive WIC vouchers and are military dependents. Referring to the issue of the farmer's market, Mr. Tom Utter, Assistant City Manager for Development Services, explained that "B-4" General Business District only allows limited outdoor sales, which have to meet certain parameters. He said the farmer's market did not meet those parameters. He noted that Mr. Loeb had spoken with Ms. Sue Corey, the city's Zoning and Code Enforcement Administrator, about this issue and staff would like to meet with him to find a solution. *Council Member Cooper arrived at 2:10 p.m. Mr. Mike Baker, 4641 Gayle Circle, reiterated his previous suggestion that if a citizen makes the effort to get a truck or trailer to haul his trash to the landfill he should not be charged a fee. He described how his wife and her friend had adopted a vacant lot and proceeded to clean it up. He said since the revisions to the Solid Waste Services ordinance are still being drafted, an interim measure (including "no -fee" trash months at the landfill) should be adopted now. City Manager Garcia pointed out that last weekend there was no charge at the landfill. He added that staff plans to schedule a work session with the Council at their next presentation meeting in November to go over the details of the Solid Waste ordinance. Council Member Garrett asked if he would be charged if he took his personal trash to the landfill. Mr. Garcia said he would not be charged for residential waste if he had his city utility bill. Mr. Leon Perez, 904 Buford, said he did not know why it was taking so long for officials to devise a plan to open all four lanes of I1-1-37 during a hurricane. Mr. Garcia said a major meeting about that issue was held Last Friday in San Antonio. It included representatives of TXDOT, DPS, the cities of San Antonio and Corpus Christi, and the intervening counties of Atascosa and Live Oak. He said the Texas Transportation Institute has been hired to construct a computer model of what the contraflow of IH -37 would look like. He said they agreed to have the final plan in place by the third week in April, which is when the city has its Hurricane Polly exercise. Mr. Paul Koepke said the Beautify Corpus Christi Association, which now has a board of directors, has raised a sizeable amount of money in an effort to fund an executive director position. He and Mr. Leland Johnson then introduced Ms. Daiquiri Richard, the new Executive Director. Ms. Minutes Regular Council Meeting October 26, 1999 Page 3 Richard said she will be coordinating the efforts of various organizations and volunteers to clean up the community. She said they will have five major clean-up events next year. *Council Member Colmenero arrived at 2:25 p.m. Mr. Phil Rosenstein said there are many people who keep hazardous materials in their homes, which can create a dangerous situation. He said having quarterly hazardous waste disposal days at the landfill is not sufficient. In addition, there should be some provision for the city to pick up hazardous materials. Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said the next hazardous waste disposal day will be held November 6th; currently, the city does not pick up hazardous waste at people's homes. Mr. Garcia pointed out that the hazardous waste is not disposed of in the city's landfill; rather, the city contracts with a company to take the hazardous waste to an appropriate disposal site. Council Member Betty Jean Longoria suggested that information about the Solid Waste collection days be available at the senior citizen centers. Mr. Jack Gordy, 310 Norton St., questioned whether the city sent letters to developers and realtors regarding placing signs in city rights-of-way. City Manager Garcia handed Mr. Gordy a copy of one of the letters. Mr. Gordy also said the City Charter states that before the city hires an outside lawyer or law firm, there must be a letter of necessity. City Attorney Bray replied that there are several situations in which the city hires outside lawyers, the primary ones being when the city is dealing with regulatory matters involving Austin agencies (i.e., permitting the new landfill). He added that the city uses outside lawyers as bond counsel or for a particular lawsuit that is very involved and has a short time frame that is beyond the city's current staffing. Mr. Bray noted that there is a letter of engagement or the City Council approves the action by motion or resolution. Mr. Gordy said Mr. Garcia had said on September 28th that he had mailed the letters to the developers, but the letter he was given was dated October 6th. Mayor Neal said he recognizes that Mr. Gordy feels strongly about this issue, adding that they are trying to do the best they can not only for him but for all the citizens. Ms. Laurie Cook, Chairperson of the Greater Corpus Christi Business Alliance, informed the Council of a decision that the Affiance board had made that morning. She explained that earlier in the year she had appointed a task force to review the Alliance's organizational structure. She said both the task force and the board unanimously recommended that the Alliance be separated into three distinct organizations: Chamber of Commerce, Convention and Visitors Bureau (CVB), and the Economic Development Corporation (EDC). She said that by doing so, the three entities can better focus on their individual missions. Ms. Cook added that they also recognize the two primary reasons why the Alliance was formed five years ago: to establish communication and collaboration on issues of common interest; and to establish efficiencies in management operations. She said the task force will evaluate how to maintain some level of communication and coordination between the entities as well as how to strategically reorganize the Alliance's structure. Ms. Cook said the task force has also recommended Minutes Regular Council Meeting October 26, 1999 Page 4 that the three new entities not be exactly like the previous ones because problems existed with them. She explained that the 30 -member Alliance board was divided into three work groups which will work with the task force, the public entities (city, county and port), legal counsel, and the City Manager regarding specific statutory requirements. She added that the complete transition is planned to be completed by July 31, 2000, which is the end of the Alliance's fiscal year. She said they will also provide regular reports to the Council. Council Member Cooper expressed her appreciation to Ms. Cook for her efforts. Responding to Council Member Betty Jean Longoria, Ms. Cook said the Economic Development Director had resigned but she will make herself available to the Alliance during this process. She said they plan to let the new board of the EDC hire its own director. In the interim, Central Power and Light has offered the services of Mr. Louis Montoya, CPL's economic development director, and Mr. Tom Niskala, Alliance interim CEO, will assist in that effort. Council Member Gonzales said he hoped the EDC director who resigned will reconsider and work under the new structure. He added that the Council needs to be involved from the very beginning and the county, city, and the port as well as others should form a regional entity. Ms. Cook also stated that the Alliance board received a copy of a study from the Coastal Bend Council of Governments, which should help in the development of a regional marketing plan. Council Member Scott said he thought the Alliance was scheduled to give the Council an update on economic development efforts on November 9th. Ms. Cook said they would do so. Dr. Gonzales said it was up to the Council to decide how they want to organize economic development efforts. Council Member Colmenero said this is an opportunity to review the Alliance's history and change it for the better. He agreed that governmental entities need to take a more active role in the three organizations. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-9). Council members requested that Items 3, 5, 7 and 8 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: 2. M99-368 Motion approving the purchase of an automated scale weighing and information system in accordance with Request for Proposals, File No. BI -0085-99 from Automation Services, Inc., Lexington, Kentucky for $36,340. This system will replace a non -Y2K compliant package currently used by Solid Waste Services. Funds are provided in the Capital Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting October 26, 1999 Page 5 4.a. ORDINANCE NO. 023810 Ordinance appropriating $127,314 in the No. 3020 Airport CIP fund from the Federal Aviation Administration Grant No. 3-48-0051-27-99 and transferring $14,146 from the No. 4610 Operating Fund to and appropriating it in the No. 3020 CIP Fund to purchase and install a high reach extendable turret system on an existing aircraft rescue fire truck; amending the FY 99-00 Budget, adopted by Ordinance No. 023703, by add $141,460 to the CIP Budget. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 4.b. M99-370 Motion approving the purchase and installation of a high reach extendable turret system on an existing aircraft rescue fire truck from Crash Rescue Equipment Service, Inc., in the amount of $141,460. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 6. RESOLUTION NO. 023811 Resolution authorizing the resale of three properties listed on the attached Exhibit A, which were foreclosed by Nueces County for failure to pay ad valorem taxes and miscellaneous liens; resale of these properties will be at minimum bids equal to prices listed on the attached Exhibit A. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 9. ORDINANCE NO. 023 814 Authorizing the City Manager or his designee to execute an Assignment of Lease Agreement from Pittencrief (Gulf Coast), Inc. and Fletcher Challenge Petroleum Corporation to Texas Crude Energy, Inc. of a 2.07 acre surface lease for directional drill sites at the Laguna Madre Wastewater Treatment Plant, 201 Jester; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting October 26, 1999 Page 6 Mayor Neal opened discussion on Item 3, purchase of mowing equipment. Responding to Council Members Colmenero and Betty Jean Longoria, Mr. Jim Davis, Fleet Management Superintendent, said one of the trucksters was an additional piece of equipment and one was a replacement item; all of the mowers are replacement items. He said they anticipate receiving the equipment in a few months. City Secretary Chapa polled the Council for their votes: 3. M99-369 Motion approving the purchase of mowing equipment and trucksters in accordance with Bid Invitation No. BI -0008-00 from the following firms, based of low bid meeting specifications and best bid. The Wastewater Department will use one mower, all other equipment will be used by the Park and Recreation Department. Five of the self-propelled mowers are to be financed through a 5 -year lease/purchase; the remainder of items are budgeted in the 99-00 Capital Outlay. Watson Distributing Co. Goldthwaites of Texas Houston, Texas San Antonio Texas Bid Item 1 (4 -wheel Truckster)-2 Each Bid Item 2 (Self-propelled Mowers) -8 each Bid Item 3 (Greens Mowers) -2 Each $80,640 $39,192 Total of Awards: $119,832.00 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B, Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. ************* Mayor Neal opened discussion on Item 5, expansion of the utilities building. In response to Council Member Gonzales, Mr. Angel Escobar, Director of Engineering Services, replied that this project is included in the current capital improvement program which was approved by the Council in this year's budget. Mr. Joe Montez, Budget Director, said the interim commercial paper financing will be refunded into permanent utility revenue bonds. Council Member Scott asked how re-engineering or privatization of the city's water and wastewater utilities might impact the necessity for a new building. City Manager Garcia said the private firms had told the Council that their proposals would not involve reductions in staff or changes in existing operations. He said his proposal to re-engineer would involve phasing back staffing levels. However, the utilities building has been overcrowded for some time. Mr. Foster Crowell, Wastewater Superintendent, Mr. Ed Garana, Water Superintendent, and Ms. Valerie Gray, Stormwater Superintendent, further explained why the building needs to be expanded. Responding to Council Member Colmenero, Mr, Garcia said this project is separate from a study the Council previously received about space utilization in City Hall, the Police/Municipal Minutes Regular Council Meeting October 26, 1999 Page 7 Court facility, and the Fire Department administrative facility. He said in a few weeks staff will be bringing a recommendation to the Council for facility rental proposals. City Secretary Chapa polled the Council for their votes as follows: 5. M99-371 Motion authorizing the City Manager or his designee to execute an architecturaUengineering services contract in the amount of $163,300 with Morgan Spear Associates, Inc., of Corpus Christi, Texas for the Utilities Building Expansion. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7 regarding intervention in CPL applications to the Public Utility Commission. Responding to Council Member Gonzales, City Attorney Bray explained that Senate Bill 7, the legislation to deregulate the electric utility industry, has many comprehensive changes. One part involves companies which have so-called "stranded" investments (particularly the nuclear power plants). He said the Legislature determined that to the extent those stranded costs were reasonable (even though they may be uneconomic now), they would be passed along to ratepayers through what is called "securitization." He added that CPL will be one of the first companies involved in that process and the CPL Cities Steering Committee is recommending that the member cities monitor and take part in those proceedings. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 023812 Resolution authorizing intervention in any application made by Central Power and Light Company (CPL) with the Public Utility Commission in 1999 for securitization of regulatory assets and stranded cost; authorizing cooperation with other cities served by CPL; and requiring reimbursement of reasonable costs from CPL. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, appropriation of contribution from the Friends of the Museum. In reply to Council Member Colmenero, Mr. Kevin Stowers, Acting Assistant Director of Engineering Services, said the bus turn -around was constructed a few years ago; however, the contribution from the Friends of the Museum was never appropriated. He added that the work being Minutes Regular Council Meeting October 26, 1999 Page 8 done in that area is part of an overall master plan, which is being modified by the Port of Corpus Christi Authority. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 023813 Ordinance appropriating $3,877 from the Friends of the Museum to the No. 3260 Museum Expansion/Bayfront Arts& Sciences Capital Improvement Fund to partially fund construction of a bus turnaround facility at the Corpus Christi Museum of Science and History. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 999-6, Wade A. Walker: A change of zoning from an "R -1B" One -family Dwelling District to an "R-2" Multiple Dwelling District on River Forest Acres, Lot 21, located on the east side of Calallen Drive, approximately 550 feet north of Teague Lane. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R-2" District. Mayor Neal called for comments from the audience. A man said he was appearing on behalf of the applicant who could not be present at the meeting. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023815 Amending the Zoning Ordinance upon application by Wade A. Walker, by changing the zoning map in reference to Lot 21, River Forest Acres from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling 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: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Gonzales and J. Longoria absent. ************* Minutes Regular Council Meeting October 26, 1999 Page 9 Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 11. Case No. 999-8 William Paul Sissamis: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Ballard Subdivision Unit 1, 0.184 acre out Lot A and all of Lot B-1, located on the east side of Weber Road, approximately 150 feet south of Gollihar Road. City Secretary Chapa said the Planning Commission recommended denial of the "B-4" District, and in lieu thereof, approval of a special permit for a bar and mini -storage facility subject to a site plan and eight conditions. He said staffs recommendation was denial of the "B-4" District, and in lieu thereof, approval of a special permit for a mini -storage facility subject to a site plan and eight conditions. He said the ordinance being considered by the Council was in accordance with the Planning Commission's recommendation. Mr. Michael Gunning, Director of Planning and Development, explained that the difference between the two recommendations was that the special permit recommended by the Planning Commission allows the existing Safari Lounge (2,110 square feet) to expand to the full square footage of the building (4,200 square feet). He noted that the subject property is currently zoned "B- 1" Neighborhood Business District, which was amended in the mid-1980s to eliminate the bar/tavern/nightclub use; consequently, the Safari Lounge is a nonconforming "grandfathered" use. Mr. Gunning said staffs recommendation is to allow the special permit for the mini -storage use only and not allow the bar to expand. He said a 4,200 square -foot bar is a substantial size and it adjoins a single-family neighborhood. He said the city's policy is to encourage a nonconforming use to eventually transition to a conforming use; in this case, to "B-1" uses. Responding to Council Member Colmenero, Mr. Gunning said the applicant was applying for the rezoning in order to expand the bar and to develop the mini -storage facility. Council Member Betty Jean Longoria asked if the adjoining residences had complained about the bar. Mr. Gunning said he had not had complaints in his office but he could not be sure about any complaints. Council Member Garrett asked why a special permit was being recommended. Mr. Gunning replied that the applicant had requested a rezoning to "B-4" which allows as a matter of right bars, taverns and nightclubs. He said the property is a fairly substantial size (1.7 acres) and if the "B-4" zoning was granted, a number of other uses could occur that would be considered inconsistent with the adjoining neighborhood (such as auto sales). He noted that a mini -storage facility is only allowed in a "B-3" or `B-4" district but it is a low -intensity use. Mr. William Sissamis said that as the owner of the building and the property (not the bar itself), he intends to update the property. He said he thought the Safari Sports Bar had been in operation since the 1960s. He said he was not opposed to the special permit and he understood that the majority of the bar's expansion would be for offices, restrooms and video games. Minutes Regular Council Meeting October 26, 1999 Page 10 No one appeared in opposition to the zoning change. Council Member Kinnison made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. In response to Council Member Gonzales, Mr. Utter said the owner would be almost doubling the size of the bar. He said an additional letter in opposition to the zoning change was received from within the 200 -foot notification area, which brings the total to four property owners within that area who are opposed. Mr. Utter noted that Barnes Street is located on the south side of the property and it contains single-family residences; to the east are the Price Place Housing Authority Apartments; and to the north are Sylvia's Country Kitchen, Jewel Crafters, and the city Gas Division. He added that all the property within that area is zoned either "R -1B," "AB" or "B -1" -- there is no `B-4" zoned property. Replying to Council Member Cooper, Mr. Utter said a mini -storage use is not a high-intensity use and is not incompatible with a neighborhood; bars, on the other hand, typically have high traffic movement. Dr. Gonzales pointed out that there is a lot of traffic on Weber Road adjacent to the subject property. Mr. Gunning said the Planning Commission voted 6-1 in favor of the special permit to allow the mini -storage use and bar expansion (2 members were absent). He reiterated staff's position on the issue. Council Member Kinnison made a motion to amend the ordinance to approve staff's recommendation of a special permit for a mini -storage facility subject to a site plan and eight conditions. The motion died for lack of a second. Mr. Chapa reread the Planning Commission's recommendation and then he polled the Council for their votes as follows: 11. ORDINANCE NO. 023816 Amending the Zoning Ordinance upon application by William Paul Sissamis, by granting a Special Permit for a mini -storage facility and a bar to 0.184 acres out of Lot A and all of Lot B-1, Ballard Subdivision Unit 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, and Scott voting "Aye"; Kinnison and B. Longoria voting "No"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 12. Case No. 999-9. Shell Development Joint Venture: A change of zoning from a "B-4" General Business District to an "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 11, 5.07 acres out of Lots 31 and 32, located on the north Minutes Regular Council Meeting October 26, 1999 Page 11 side of Lipes Boulevard, approximately 500 feet east of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1C" District. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023817 Amending the Zoning Ordinance upon application by Shell Development Joint Venture, by changing the zoning map in reference to 5.07 acres out of Lots 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts from "B-4" General Business District to "R -1C" One -family Dwelling 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: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. ************* Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 13. Case No. 999-13 Greenwood -Molina Nursery School: A change of zoning from an "R -1B" One -family Dwelling District and an "R -1B" One -family Dwelling District with a Special Permit to an "AB" Professional Office District on Washington Addition, Block 2, Lots 38, 39, 40 and 41, located on the north side of National Drive, approximately 600 feet east of Angela Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of the "AB" District. No one appeared in opposition to the zoning change. Council Member Garrett made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023818 Amending the Zoning Ordinance upon application by Greenwood -Molina Nursery School, by changing the zoning map in reference to Lots 38, 39, 40, and 41, Block 2, Washington Addition from "R -1B" One -family Dwelling District and "R -1B" One -family Dwelling District with a Special Permit to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes Regular Council Meeting October 26, 1999 Page 12 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the closure but not abandonment of a portion of Vestal Street. The Mayor called for comments from the audience, and there were none. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Council Member Garrett asked about the accessibility of fire equipment to that area. Mr. David Seiler, Traffic Engineer, said both the Police and Fire Departments are not opposing the street closure. He said the Fire Department would like to have another means other than backing their equipment out of the street, but Chief Adame is supportive of this action. Council Member Gonzales also voiced his support. Council Member Betty Jean Longoria expressed concern about Solid Waste Services vehicles having to back up their equipment, and Mr. Seiler said staff is looking into that situation. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 023819 Ordinance closing but not abandoning, only the paved street portion of Vestal Street between Yale Street and Sherman Street in Midway Addition subject to compliance with the specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. ************* Mayor Neal opened discussion on Item 15, funding for the arts. He called for comments from the audience. Mr. Foster Edwards, Corpus Christi Association of Realtors, said these actions involve $130,000 of hotel tax money, and it takes $1 million of room rent to raise that amount. He said if the average hotel room in Corpus Christi rents for $50 to $60 per night, it would take 15,000 to 20,000 room nights to sell $1 million of room rent. He said the CCAR feels the hotel tax should be spent on some form of economic development, adding that he was not speaking against the arts. Ms. Nelda Martinez, 330 Cole St., said she thinks economic development and the arts are separate and unique issues. She said she hopes the Council will support the arts through the proposals before them. Minutes Regular Council Meeting October 26, 1999 Page 13 Council Member Gonzales said he agreed with Mr. Edwards' comments about the importance of marketing economic development. Dr. Gonzales also questioned the proposal to transfer $5,000 to the Permanent Art Trust Fund. Mr. Dan Whitworth, Assistant Director of Programs, said that over the last 10 years a portion of the funds the Arts and Cultural Commission receives has been allocated to the Permanent Art Trust Fund for acquisition of public art, which he explained. Dr. Gonzales said he was not in favor of Item 15.b. He also said he wished to have a presentation on the arts funding process as well as to do economic development marketing with the monies provided by the hotel/motel tax. He noted that many private companies donate money for various projects and he suggested that those monies be placed in an art fund. Council Member Cooper pointed out that the Council had already budgeted monies for the arts organizations and they have planned their seasons around receiving those grants. She said she did not object to looking for alternative sources of funding in the future. Responding to Council Member Kinnison, City Attorney Bray said he thought the statutory maximum for directing hotel tax monies to arts funding is 15% but the city is not close to that amount. Mr. Kinnison asked about the percentage that other cities allocate to arts funding. Mr. Whitworth said he thought Corpus Christi was fairly low compared to larger cities such as Austin or San Antonio. Mr. Bray added that hotel occupancy tax funds can be used for tourist and convention funding, such as convention facilities, advertising and promotion, arts, historical, and administrative expenses. Council Member Betty Jean Longoria said she also would like to know how other cities fund their arts organizations. Mr. Garcia said that funding the arts program is optional on the part of the City Council. Mrs. Longoria said she supports the arts and added that, as suggested by Dr. Gonzales, there may be other sources of funding. She also expressed interest in the funding process itself'. Council Member Colmenero agreed that the funding process needs to be examined as well as other funding sources. Mr. Whitworth said the process has been utilized since about 1985 and is reviewed annually, although the amount of funding has basically remained the same, which he explained. Mr. Chuck Anastos, Chairman of the Arts and Cultural Commission, said that while the Ja77 Festival is his favorite single arts function every year, their grant application fell far short of meeting the requirements. He said the rules regarding the arts grant process are very stringent and there is no favoritism involved. City Secretary Chapa began polling the Council for their votes on Items 15.a. -15.e. Prior to casting his vote, Dr. Gonzales made a motion to amend Item 15.b. by eliminating the $5,000 transfer to the Permanent Art Trust Fund, seconded by Mrs. Longoria. The Mayor allowed the motion to stand. The earlier votes cast were withdrawn and Mr. Chapa polled the Council on Dr. Gonzales' motion to amend Item 15.b. That motion failed to pass by the following vote: Gonzales voting "Aye"; Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "No"; J. Longoria absent. Minutes Regular Council Meeting October 26, 1999 Page 14 Mr. Chapa then polled the Council for their votes on Items 15.a. -15.e. as follows: 15.a. ORDINANCE NO. 023820 Ordinance appropriating $6,334 from the Texas Commission on the Arts in the No. 1030 Hotel Occupancy Tax Fund - Arts Grants, to support the City's Art Subgrant program; amending Ordinance 023702, which adopted the FY 99-00 budget, by adding $6,334 to the No. 1030 Hotel Occupancy Tax Fund - Art Grants. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 15.b. ORDINANCE NO. 023821 Ordinance approving the transfer $5,000 from the No. 1030 Hotel Occupancy Tax Fund - Arts Projects to the No. 6010 Permanent Art Trust Fund for Public Art. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 15.c. M99-372 Motion authorizing the City Manager or his designee to enter into a contract in the amount of $21,549 with the Harbor Playhouse for support of their 2000 season. Funding is from the Hotel Occupancy Tax Fund approved for the Arts & Cultural Commission - arts projects in the FY 99-00 Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 15.d. M99-373 Motion authorizing the City Manager or his designee to enter into a contract in the amount of $21,581 with the Corpus Christi Symphony for support of four performances during their 2000 season. Funding from the Hotel Occupancy Tax Fund approved for the Arts & Cultural Commission - arts projects in the FY 99-00 Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting October 26, 1999 Page 15 15.e. M99-374 Motion authorizing the allocation of a total of $63,204 in grant awards to 15 arts organizations; $3,000 for the maintenance of the public art collection and $4,124 to be used for projects being developed by the Arts & Cultural Commission as per the Community Cultural Plan. Funding in the amount of $63,994 is from the Hotel Occupancy Tax Fund as approved in the FY 99-00 Budget and $6,334 is from the Texas Commission on the Arts. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neal told Mr. Anastos that the Council was interested in having a complete presentation about the Arts and Cultural Commission's function and how the selection process works, as well as to reaffirm or to not reaffirm long-standing city policy. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, master cable services regulatory ordinance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 16. FIRST READING ORDINANCE Establishing a Master Cable Services Regulatory Ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, Weed & Seed grant. There were no comments from the audience. Council Member Garrett asked who supervises the Weed & Seeds funds at this time. City Manager Garcia replied that there are several different components. The "seed" portion, which consists of community building and activism, is administered through the Park and Recreation Department under the auspices of Mr. Tony Cisneros, Park and Recreation Director, and Mr. George Hodge, Program Manager. The "weed" portion, which is enforcement, is operated out of the Police Department. Mr. Cisneros said the $350,000 grant would be administered by the Park and Recreation Department. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting October 26, 1999 Page 16 17.a. M99-375 Motion authorizing the City Manager or his designee to accept a Weed/Seed grant in the amount of $350,000 for continued support of the Weed and Seed program. The foregoing motion passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Cooper, and J. Longoria absent. 17.b. ORDINANCE NO. 023 822 Ordinance appropriating $350,000 in Fund No. 1050 Federal/State Grants Fund for support of the FY99 Weed and Seed Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Cooper, and J. Longoria absent. 17.c. RESOLUTION NO. 023823 Resolution establishing a Weed and Seed Steering Committee to provide program oversight and make recommendations to the City Council; and setting an expiration date for the committee of August 31, 2004, unless funds for the program end sooner. The foregoing resolution passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Cooper, and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, telephone system. There were no comments from the audience. Council Member Kinnison said that during the budget process, funds were set aside in the Library to pay for their portion of the telephone system but now staff is recommending a lease purchase of the equipment. City Manager Garcia replied that those funds were needed for some other projects which had more immediate funding requirements, such as renovation of the City Council Chambers. He said staff will be able to meet all the Council's objectives while maintaining consistency with the auditing guidelines. Mr. Kinnison asked if the Library had an additional $30,000 that it could expend for books or other needs. Mr. Garcia said no changes have been made in any of the line items. Mr. Garcia and Mr. Montez further explained the process staff followed in this transaction. Mr. Garcia noted that several unfbrseen expenses have been encountered, such as the tire fire at the landfill costing about $300,000, and Nueces County's default on the MDT/AVL system, costing Minutes Regular Council Meeting October 26, 1999 Page 17 approximately $200,000. He said that during the course of the budget administration process, staff attempts to transfer as much as possible into unreserved appropriations so that a reserve will be available for unbudgeted expenses such as those. Council Member Gonzales said if staff wanted to obtain the telephone system through a lease purchase rather than an outright purchase they should have indicated that initially. Mr. Garcia further discussed the need for the unreserved appropriations, reiterating that the city is going to have to pay approximately $500,000. He said he is trying to acquire those funds without having to cut existing budgets and without having to lay off people. Mr. Kinnison said he wanted to get to the point where they can budget for unexpected items. Mr. Garcia said he agreed that the city should have much more money in its unreserved fund balance and ending fund balance but it does not. City Secretary Chapa polled the Council for their votes as follows: 18. M99-376 Motion authorizing the City Manager or his designee to execute a Master Agreement for Products and Services with Norstan Communications, Inc., in the amount of $170,288 for a Siemens HICOM Model 80 telephone system to be located at City Hall with remote shelves located at the Health Department and the Central Library. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, local and long distance telephone services. He called for comments from the audience. Mr. Jeff Jung, Director of External Affairs with Southwestern Bell Telephone Company, said they would like the Council to delay action on Item 19.a. regarding local telephone service. He explained that major state telecommunications legislation was recently passed which was not in effect at the time the proposals were made in April. He said the Legislature recognized that Southwestern Bell was put at a competitive disadvantage in providing local business telephone services (which includes government accounts) because of the substantial competition. He said the Public Utility Commission asked SWB to file its government term pricing plan, which includes flexible pricing for government accounts, and the PUC is due to rule on that plan in the near future. Mr. John Bacon, Director of Information Systems, said staff started the competitive proposal process last January when they issued a request for proposals. He said if they agreed to SWB's request to delay this item, they would have to cancel the RFP and rebid it. Mr. Bacon noted that the term of the proposed contract is one year with options to renew, and he suggested that they proceed as recommended and review it in one year. He said the vendor, ICG, will run a fiber optics line from Minutes Regular Council Meeting October 26, 1999 Page 18 City Hall to the CPL building, where the line goes back to SWB's central office. Council Member Colmenero questioned whether tabling the item for two weeks would provide enough time to evaluate SWB's proposal. Council Member Kinnison expressed concern about quality of service. Mr. Bacon replied that while quality of service was not a specific evaluation criteria, the underlying principle of the entire RFP was that the city was asking for the same level of service that it is currently receiving from Southwestern Bell. He said staff conducted an exhaustive check on ICG's references. Responding to Council Member Garrett, Mr. Bacon said this was a competitive proposal process and staff was able to use other criteria than just cost. He said staff estimates the city will save $100,000 a year by using ICG over the city's current arrangement with SWB. Council Member Gonzales discussed the importance of the city having a reliable communications system. Council Member Scott asked what the city will do with the estimated savings. Mr. Garcia replied that city departments budget for telephone services and the amount would come into account when the ending fund balance is calculated at the end of the year. Mr. Bacon reiterated the process that was used to evaluate the proposals. He acknowledged that SWB has provided excellent service in the past. Mr. Colmenero suggested that the Council postpone Item 19.a. for two weeks. Mr. Garcia said it would not merely involve a delay of two weeks but rather it would essentially allow Southwestern Bell to change their bid, which would require a whole new process. Responding to Mr. Kinnison, Mr. Bacon said disaster recovery is the ability of the vendor to provide the city with service in a hurricane. City Secretary Chapa polled the Council for their votes as follows: 19.a. M99-377 Motion authorizing the City Manager or his designee to execute a Master Service Agreement with ICG (formally ChoiceCom) for local telephone services. The one-year agreement will total approximately $304,000. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and Kinnison voting "No"; J. Longoria absent. 19.b. M99-378 Motion authorizing the City Manager or his designee to execute a Master Service Agreement with CTI (Capital Telecommunications, Inc.) for long distance telephone services. The one- year agreement will total approximately $30,442. Minutes Regular Council Meeting October 26, 1999 Page 19 The foregoing motion passed by the following vote: Neal, Cooper, Garrett, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and Kinnison voting "No"; J. Longoria absent. 19.c. M99-379 Motion authorizing the City Manager or his designee to continue services with Southwestern Bell Telephone Company for data circuits totaling approximately $43,871 annually. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and Kinnison voting "No"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 regarding Tony Bender v. City of Corpus Christi, No. C-99-295, U.S. District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia referred to a calendar of upcoming City Council meetings and public hearings in anticipation of the annexation plan. City Secretary Chapa noted that the joint meeting with the Nueces County Commissioners Court would be held either November 8th or November 15th. Also, due to the large number of presentations scheduled for the November 16`h meeting, it was determined that meeting will begin at 9 a.m. Mr. Garcia noted that the two readings of the annexation ordinance are scheduled for December 14`h and December 2151, and the Council meeting of December 28`h has been canceled in observance of the holidays. Mr. Garcia also referred to the issue of the evaluation of the City Manager and City Secretary. Responding to Council Member Kinnison, Mr. Chapa informed the Council that if an evaluation form was completed, it would become an open record; however, the form could be used as a guide for discussion purposes. There was consensus of the Council to conduct the evaluations during the December 14th meeting beginning at 9 a.m. With regard to the Shoreline Boulevard art project, the City Manager said many of the Council members had had the opportunity to view the submittals of the semifinalists. He said staff has tentatively scheduled that issue for discussion on November 9th, although they do not have a staff recommendation at this point. Mayor Neal called for Council concerns and reports. Minutes Regular Council Meeting October 26, 1999 Page 20 Council Member Gonzales said the Council needed to have more information about the changes at the Business Alliance. Mr. Garcia suggested that the Council have a round table discussion with Alliance representatives, such as the Alliance's Executive Committee. There was a consensus of the Council to meet with them on November 9`n Dr. Gonzales also asked about the status of the Ad Hoc Convention Center Expansion Advisory Committee. Mr. Jorge Garza, Assistant City Manager for Administrative Services, a member of that committee, said they have been meeting extensively and they are in the final stages of the selection of the consultants for needs assessment and project management. Dr. Gonzales emphasized the importance of involving minority- and women -owned businesses in that project. Mayor Neal pointed out that they needed to adhere to federal law in that regard since the Council has not adopted the disparity study and it has not been tested. Responding to Council Member Garrett, Mr. Garcia said there would be an open house for the opening of the new fire station on Rodd Field Road very soon. Council Member Colmenero complimented the Solid Waste Services employees for their work last weekend. He asked that the issue of the old Nueces County Courthouse be discussed during the Council's joint meeting with the County Commissioners. He also requested written information prior to the presentation to the Council on November l6'h regarding the multi-purpose arena. Mr. Garcia explained that due to the mechanics of building an arena, staff is separating that issue from the rest of the bond projects, which they will discuss with the Council. He added that a task force has been formed to plan for the bond election. Council Member Betty Jean Longoria said the Council has been receiving correspondence from a bicyclist who plans to ride over Harbor Bridge. Mr. Garcia said he has spoken with Police Chief Alvarez about that and he said he would prefer not to discuss what staff would do in response to that. Mrs. Longoria also requested a report on the status of CDBG funds earmarked for a westside medical clinic, and an update on the design for the Zavala Senior Center courtyard. Council Member Cooper commended the people who participated in last Saturday's "Stop Trashing Corpus Christi" day, and she complimented Ms. Susan Cable and the staff of the Communications and Quality Management Department on their recent award. Ms. Cooper also announced that a town hall meeting is scheduled for November 1st at Ray High School. She is holding the meeting in conjunction with Council Members Colmenero, Garrett and Scott. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 5:35 p.m. on October 26, 1999. * * * * * * * * * * * * *