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HomeMy WebLinkAboutMinutes City Council - 12/21/1999I 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 December 21, 1999, which were approved by the City Council on January 11, 2000. WITNESSETH MY HAND AND SEAL, this 11th day of January, 2000. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 21, 1999 12:02 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 John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of December 14, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal announced three executive sessions. The first two were pursuant to Texas Government Code, Section 551.074 as follows: for the purpose of evaluating the City Secretary with possible discussion and action related thereto in open session; and for the purpose of evaluating the City Manager with possible discussion and action related thereto in open session. The third executive session was pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Council Member John Longoria made a motion to amend the City Manager's employment agreement to increase his vacation leave accrual from 15 days to 20 days per year; and to increase the city's contribution to the City Manager's retirement fund from $7,500 annually to $10,000 annually, effective December 31, 1999. Council Member Kinnison amended the motion to provide the same five-day buy-back vacation leave provision afforded other City employees. The motion was Minutes Regular Council Meeting December 21, 1999 Page 2 seconded by Council Member Betty Jean Longoria. Mayor Neal called for a voice vote on the motion, and it passed unanimously. (A replacement motion was made at the end of the Council meeting. See page 30 of the minutes.) Mr. Longoria also made the following motion, which was seconded by Mrs. Longoria: G.1. M99-431 Motion effective December 31, 1999 to increase the City Secretary's salary by 3%, authorize accrual of vacation leave up to 100 days, and provide for payment upon termination of employment of up to 100 days of accumulated vacation leave and up to 100 days of accumulated sick leave. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was about the airport terminal design. Ms. Bonnie Allin, Aviation Director, introduced the members of the Airport Board who were present: Ed Hicks Sr., Abel Alonzo, Chuck Cazalas, Mark Meyer, Jorge Rangel, Willard Hammonds Sr., Ramiro Gamboa, and Jan Rehler. She said the Airport Board members have met with city staff and the design team on several occasions regarding the design of the new terminal. Ms. Allin then announced that through the efforts of the legislative delegation in Washington and the Federal Aviation Administration (FAA), Corpus Christi's new air traffic control tower will be funded this fiscal year. As a result, the control tower will be built concurrently with the terminal and will be completed at approximately the same time. With regard to the terminal design, Ms. Allin said the project is designed to the budget that the Council approved and all of the funding for the facility is airport -generated revenue. Mr. Richard Maxwell, Project Principal/Manager with Gensler, reviewed the concepts that had been discussed with the Council during a special workshop session on August 31, 1999. Utilizing a computerized presentation, he also discussed the starting configuration of the airport, which has seven gates, and the ultimate configuration, which anticipates extensive future growth. Mr. Maxwell said construction on the temporary terminal facility (connector) is scheduled to begin on April 3, 2000 and be completed by July 16, 2000. Construction on the new terminal facility itself will be initiated on July 19, 2000 with completion projected prior to Thanksgiving 2002. The land side road and parking improvements are scheduled to begin construction on July 3, 2000 and be completed by November 5, 2000. Minutes Regular Council Meeting December 21, 1999 Page 3 Ms. Allin described the planned improvements for the land side roadway project: rebuilding International Drive to include paving, lighting, and landscaping; widening the loop road to accommodate the ultimate configuration of the terminal as it is expanded over time; expanding parking facilities; and separating the rental car ready lot and drop-off lot. Mr. Maxwell referred to a slide showing the approved project budget overview: total terminal reconstruction- $26,006,184; terminal apron - $2,000,000; landside road improvements - $4,548,000; and parking lot improvements - $1,418,000; for a total of $36,008,184. He then described how the new terminal will basically be built in phases on top of the existing terminal through the construction of the temporary connector and the eventual demolition of certain existing facilities. He also referred to diagrams of the two levels of the new terminal. Mr. C.K. Pang, Senior Project Designer with Gensler, used computer images to describe the spatial experience of the new terminal. Ms. Carole Nicholson discussed the materials that will be used in the facility. Mr. Maxwell and Ms. Allin pointed out that the construction contract will include additive alternates so the Council can review the bids and the available funding to determine how they wish to structure the length of the outside canopy. Mayor Neal and Council members thanked the legislative delegation, members of the design team, and the Airport Board for their assistance in obtaining the FAA funding for the control tower and for the design of the new terminal facility. Responding to Council Member Colmenero, Ms. Allin said they have been meeting with airline representatives monthly throughout this process to obtain their requirements for the next five to 10 years. She added that they have sized the new terminal even larger than the airlines indicated that they needed to avoid congestion. Also, there is an extra gate that is available for charters, international service, or an additional airline, and the terminal can be expanded in the future without disrupting current operations. Ms. Allin said Continental Airlines representatives have said that by the time the terminal is completed, they will have an all -jet fleet in Corpus Christi. Council Member Gonzales pointed out that a meeting of the Corpus Christi Industrial Development Corporation will be held on January 11, 2000 to authorize issuance of industrial revenue bonds for an Airborne Express project at the airport. * * * * * * * * * * * * * The next presentation was regarding the Crosstown Expressway extension and interchange project. Ms. Becky Kureska, Public Information Officer for the Corpus Christi District of the Texas Department of Transportation (TXDOT), said the presentation they were making to the Council was the same one made during several citizens' meetings and service group meetings. She said a public hearing for this project was held in 1987 and since that time a portion of it has been constructed; namely, the frontage roads from South Padre Island Drive to Saratoga Boulevard (Phase I) were completed in 1995. The next phase is construction of the interchange itself so there will be a direct Minutes Regular Council Meeting December 21, 1999 Page 4 connection from the downtown area to the southside of Corpus Christi. Mr. Billy Parks, TXDOT District Engineer, noted that the repaving and lighting improvements to the Crosstown Expressway have been completed, and he said the federal and state monies for raising the JFK Causeway have been finalized and the funding package for the Joe Fulton International Trade Corridor has been completed. With regard to the day's presentation, Mr. Parks said the Crosstown interchange, a $36 million project, consists only of federal and state monies. He described how this project has been moved up on the priority list due to the efforts of the legislative delegation and TXDOT staff, as well as the impact this project will have on the community. Mr. Bryan Wood, Corpus Christi Area Engineer, said the southeast side of Corpus Christi has experienced tremendous growth over the last several years, as have the roads feeding into South Padre Island Drive (SPID). In order to relieve some of the congestion in that area, in 1985 TXDOT hired a consultant to complete a study on the three phases of the interchange project. He said design on the interchange is taking place and they plan to take bids for construction in late fall 2000 or early spring 2001, with completion anticipated in 36 to 42 months. Mr. Bob Leahey, Supervisor of TXDOT's Central Design Office, referred to computer graphics to illustrate the current conditions of the Crosstown/SPID roadways in comparison to the proposed interchange project, which will extend the main lanes of Crosstown south of SPID. He noted that all of the proposed improvements are within the existing right-of-way, which means no homes or businesses will need to be relocated. He said the goal of this project is to provide an alternate route for traffic along SPID to the south, which should help reduce congestion along SPID. Mr. Leahey then reviewed travel movements from several directions via a variety of connections. State Representative Vilma Luna said TXDOT is still in the process of receiving input from the public, and she said the members of the legislative delegation and TXDOT welcome any comments from the community and from the Council members. State Representative Gene Seaman commented on the positive impact the three major TXDOT projects will have on the area's economy. He also commended Rep. Luna for her work on this issue. Mayor Neal recognized the presence at the meeting of Mr. Bert Quintanilla, Chief of Staff for State Representative Jaime Capelo. Responding to Council Member Betty Jean Longoria, Mr. Leahey said most of the concerns TXDOT has addressed to date involve access to and from the freeways, such as the Greenwood exit ramp, the elimination of the existing ramp to Ayers Street, and ramp reversals at Gollihar Mrs. Longoria thanked the legislative delegation members and TXDOT staff. She also said there was a problem with F.M. 624. In reply to Council Member Garrett, Mr. Leahey said the Gollihar exit has not been eliminated in the proposal but it has been relocated further north; in addition, there will be an exit south of Gollihar that will allow traffic to exit for Trojan Drive. He and another TXDOT representative also described other proposed routes to accommodate changes associated with the interchange in response to questions from Council Member Colmenero. Minutes Regular Council Meeting December 21, 1999 Page 5 Council Member Scott asked about an interim traffic pattern during construction, Mr. Leahey replied that their goal is to maintain two lanes of traffic at all times throughout construction, which will involve more off-peak hour work. Mr. Scott raised the issue of signal synchronization on the frontage roads from Holly Road to Saratoga Boulevard. He also asked about the status of the Ennis Joslin road project. Mr. Parks replied that the project will be let in April 2000. Council Member Gonzales expressed his appreciation to Mr. Parks, and he echoed the concerns raised about F.M. 624 and Ennis Joslin, which Mr. Parks and another TXDOT staff member discussed. Mr. Parks added that TXDOT has listened to citizens' concerns and they have added turnarounds on the interchange project where originally none were planned. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Justin Grobe, 1025 Burr, said he was accompanied by Jeremy Garza, Ray Garcia, and Joshua Sandoval. Mr. Grobe said they were all expressing the desire for a skate park on the bayfront for use by skaters. He said the city is known for its outdoor sports and a skate park would add to that attraction. Council Member John Longoria said he visited a skate park in Phoenix and he and others have discussed the idea of having a skate park in Corpus Christi. Mr. Rick Cruz, 4725 Schwerin Lake Dr., said he is the owner of Rick's Detailing at the corner of Ayers and SPID. He said there has not been much study regarding the proposed Crosstown interchange as it affects the business owners and the community. He said they are eliminating exit ramps at Gollihar, Trojan, Greenwood, to Ayers from Crosstown, and to Ayers from the airport. He expressed concern about fire response times and said not enough input was received as the highways were built. Mr. Jose Marroquin, 2433 Allencrest, said the Greater Corpus Christi Business Alliance has not contributed to Corpus Christi's economic growth, particularly with regard to the number of jobs. He added that he hopes TXDOT will consider citizens' concerns in the construction of the Crosstown interchange. Mr. Jorge Hernandez, 4549 Bernandino, spoke against the Crosstown interchange because he said TXDOT will be closing six exit and entrance ramps and modifying another four, such as Gollihar, Ayers, and others. He said more public meetings on that project are needed. Mr. Phil Rosenstein commented on Mayor Neal's response to Mr. Rosenstein's remarks during the December 14th Council meeting. Mr. Rosenstein reiterated that crime is not going down in Corpus Christi, and the city has not improved its infrastructure in proportion to the city's growth. Mr. J.E. O'Brien, 4130 Pompano, said state law requires a city to publish its financial statement within 120 days of the end of its fiscal year. He said in the past, Assistant City Managers Minutes Regular Council Meeting December 21, 1999 Page 6 have made assurances that the financial statement would be published in the future in a timely manner. He said the deadline for publishing Corpus Christi's financial statement was about November 29, 1999, and he asked why the financial statement was late and when can the public expect to see it. Ms. Mary Sullivan, Director of Finance, said city staff has had considerable difficulty this year with the new computer systems that were put into place. She said Finance staff is putting in many hours to produce a financial statement for the auditors about which they are confident. She added that they will provide a memo to the Council on the report's completion date. Mr. Jack Gordy, 310 Norton St., read a definition from the dictionary of the word "emergency." He said the Council was scheduled to vote on an emergency item that has been in the works since 1985, which he said does not make sense. * * * * * * * * * * * ** Mayor Neal called for a brief recess. Upon reconvening, the Mayor called for consideration of the consent agenda (Items 2-11). Council members requested that Items 5, 9, and 10 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.a. ORDINANCE NO. 023 873 Ordinance appropriating $86,165 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $86,165 in the No. 5110 Maintenance Service Fund. 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. 2.b. M99-433 Motion approving the purchase of two tractors with front-end loaders and mowers, a tractor with mower and a tractor with front end loader from the following vendors, for the following amounts, in accordance with Bid Invitation No. BI -0019-00 for a total of $112,950 based on low bid. The equipment will be used by the Water and Wastewater Departments. All recommended items are replacements. Nueces Power Equipment Gulf Tractor Company Corpus Christi, Texas Corpus Christi, Texas Bid Item 1 Bid Items 2 & 3 $56,790 $56,160 Grand Total $112,950 Minutes Regular Council Meeting December 21, 1999 Page 7 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 3.a. ORDINANCE NO. 023874 Ordinance appropriating $106,569 from the Reserve for Capital Outlay in the No. 5110 Maintenance Services Fund to purchase equipment; amending the FY99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $106,569 in the No. 5110 Maintenance Service Fund. 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. 3.b. M99-434 Motion approving the purchase of one Series 1 tractor loader backhoe, two Series III tractor loader backhoes, three Series IV tractor loader backhoes, and one crawler tractor from the following companies, for the following amounts, in accordance with Bid Invitation No. BI - 0020 -00 for a total of $348,544 based on low bid and only bid. The equipment will be used by the Gas, Water and Stormwater Departments. All recommended items are replacements. Crescent Machinery Holt Company of Texas Cerus Christi, Texas Corpus Christi, Texas Bid Items 1, 2, and 3 Bid Item 4 $291,215 $57,329 Grand Total: $348,544 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 4. M99-435 Motion approving the purchase of a van from Houston -Galveston Area Council of Governments for a total amount of $23,026.62. The award is based on the cooperative purchasing agreement with HGAC. The van will be used by the Police Department. Funds are available through the 1997 Weed and Seed Asset Forfeiture Fund and the Law Enforcement Trust Fund. 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 December 21, 1999 Page 8 6. M99-437 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the contract with HDR Engineering for a fee not to exceed $455,900 for the Oso Plant grit chamber and troughs structure rehabilitation and lift station overhead crane/rail system. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.a. ORDINANCE NO. 023875 Ordinance appropriating $138,000 from a Coastal Bend Community Foundation Grant in the No. 3210 Library Capital Improvement Projects Fund for furnishings and equipment for the Janet F. Harte Library. 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. 7.b. M99-438 Motion authorizing the City Manager or his designee to execute a gift agreement with the Corpus Christi Public Library Foundation Inc., which will provide an amount not to exceed $25,000 for furnishings and equipment for the Janet F. Harte Library. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.c. ORDINANCE NO. 023876 Ordinance appropriating $25,000 from a Corpus Christi Public Library Foundation Inc. gift agreement in the No. 3210 Library Capital Improvement Projects Fund for furnishings and equipment for the Janet F. Harte Public Library; amending Ordinance No. 023703, which approved the FY99-00 Capital Budget, to add $25,00 to the library program. 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. 7.d. M99-439 Motion authorizing the City Manager or his designee to execute a gift agreement with the Friends of the Corpus Christi Public Libraries which will provide an amount not to exceed Minutes Regular Council Meeting December 21, 1999 Page 9 $5,000 for furnishings and equipment for the Janet F. Harte Public Library. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7.e. ORDINANCE NO. 023877 Ordinance appropriating $5,000 from the Friends of the Corpus Christi Public Libraries Inc. gift agreement in the No. 3210 Library Capital Improvement Project Fund for furnishings and equipment for the Janet F. Harte Public Library; amending Ordinance No. 023703, which approved the FY99-00 Capital Budget, to add $5,000 to the library program. 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. 7.f. M99-440 Motion authorizing the purchase of shelving and furniture for the Janet F. Harte Public Library from the following vendors for the following amounts in accordance with Bid Invitation No. BI -0033-00 for a total of $153,892.67 based on low bid, only bid and best bid. Libra -Tech Corporation Argyle, Texas Groups 1 and 3 $60,431.91 Yochem's Business Interiors Corpus Christi, Texas Groups 9, 10, 15 and 19 $8,214.06 Cultural Surroundings Dallas, Texas Groups 2, 12, 14, 16 & 17 $55,191.36 Corporate Express Corpus Christi. Texas Groups 4, 5 and 7 $18,521.15 Business Interiors of Texas Corpus Christi, Texas Groups 6 and 18 $2,785.15 Grand Total: $153,892.67 Office Source, LTD San Antonio. Texas Group 13 $3,426.44 Library Interiors of Texas, Inc. Bastrop, Texas Group 8 $5,322.60 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 8.a. M99-441 Motion authorizing the City Manager or his designee to execute a gift agreement with the Corpus Christi Public Library Foundation Inc., which will provide an amount not exceed $40,000 for computer equipment for the Janet F. Harte Public Library. 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 December 21, 1999 Page 10 8.b. ORDINANCE NO. 023881 Ordinance appropriating $40,000 from a Corpus Christi Public Library Foundation Inc. gift agreement in the No. 3210 Library Capital Improvement Project Fund for computer-related equipment for the Janet F. Harte Public Library; amending Ordinance No. 023703, which approved the FY99-00 Capital Budget, to add $40,000 to the library program. 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. 11. ORDINANCE NO. 023884 Ordinance closing and abandoning a 1,942 -square foot portion of a 7.5 -foot wide utility easement out of Lots 7-10, Block 51, King's Crossing Unit 11; requiring owner, King's Crossing Realty Ltd., to comply with the specified conditions and replat the property within 180 days at owner's expense. 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 5, chlorine removal/liquid disinfection facilities. Council Member Garrett asked if this project included the Broadway Wastewater Treatment Plant. Mr. Angel Escobar, Director of Engineering Services, said it did not. (Mr. Escobar later corrected that statement. See page 11 of the minutes.) He said the Broadway plant is scheduled to be closed within five years. He noted that the Council approved a contract to Govind & Associates to design the project that will divert the wastewater from the Broadway plant to the Greenwood plant. City Secretary Chapa polled the Council for their votes as follows: 5. M99-436 Motion authorizing the City Manager or his designee to execute a contract for engineering services with BHP Engineering & Construction Inc. for a total fee not to exceed $474,200 for the chlorine removal/liquid disinfection facilities at wastewater treatment plants project. 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 December 21, 1999 Page 11 Mayor Neal opened discussion on Items 9 and 10, grant applications to the state's Criminal Justice Division. Responding to Council Member Colmenero, City Manager Garcia and Ms. Pat Eldridge, Police Department, explained that staff has been looking into these two grants for the past few months based on the establishment of the city's Family Violence Unit, which came as a recommendation from the International Association of Chiefs of Police study. She said this is the first time the city has applied for these funds, which are granted annually. Mr. Colmenero asked that the Council be kept informed about the progress of the two programs involved. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 023882 Resolution authorizing the submission of a grant application in the amount of $68,763 to the State of Texas, Criminal Justice Division for a victim case manager primarily funded by the Victims of Crime Act (VOCA) Fund. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. RESOLUTION NO. 023883 Resolution authorizing the submission of a grant application in the amount of $73,363 to the State of Texas, Criminal Justice Division for a victim case manager primarily funded by the Violence Against Women Act (VAWA) Fund. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Escobar said he needed to correct the response he gave Mr. Garrett regarding Item 5. He said that project does include the Broadway Wastewater Treatment Plant because the plant will remain in use for four to five more years and the city has to remain in compliance with treatment regulations. Mr. Garcia explained that those federal regulations have become much more strict since they now require a city to remove the chlorine disinfectant from the effluent before it is discharged into the environment. ********** * ** Mayor Neal opened discussion on Item 12, second reading of the six annexation ordinances annexing a total of 4,698 acres. He stated that the Council would consider each annexation area separately. There were no comments from the audience or the Council regarding Area A, Wood River areas (Tracts 1-5). City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 21, 1999 Page 12 12.a. ORDINANCE NO. 023885 Annexing five tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date (Area A) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." There were no comments from the audience or the Council regarding Area B, River Hills area (Tracts 1, 2, 4A and 4B as amended). Mr. Chapa polled the Council for their votes as follows: 12.b. ORDINANCE NO. 023886 Annexing four tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision and Hazel Bazemore Park; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area B) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." There were no comments from the audience or the Council regarding Area C, the area west of the San Carlos Subdivision. Mr. Chapa polled the Council for their votes as follows: 12.c. ORDINANCE NO. 023887 Annexing one tract of land adjacent to the city limits, located between I.H. 37 and the Nueces River; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date; and providing an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison abstaining. Minutes Regular Council Meeting December 21, 1999 Page 13 There were no comments from the audience regarding Area D, Mustang Island west of S.H. 361 (Tracts 1 and 2). In response to Council Member Gonzales, Mr. Tom Utter, Assistant City Manager for Development Services, referred to a map to describe the area encompassed in this annexation. He noted that it includes part of Packery Channel. Mr. Chapa polled the Council for their votes as follows: 12.d. ORDINANCE NO. 023888 Annexing two tracts of land adjacent to the city limits, located on Mustang and North Padre Islands, north of Park Road 22 and north and west of State Highway 361, in the vicinity of Packery Channel; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date (Area D) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Chapa stated that Council Member Garrett will abstain from discussing or voting on Area E (Item 12.e.). There were no comments from the audience regarding Area E, Padre Island east of Park Road 22 (Tracts 1-3 as amended). Mr. Utter again referred to a map to describe Area E and he pointed out that the Council had directed that Tract 4 be removed from consideration. Mr. Utter also discussed the area of Packery Channel that will now be in the city limits. Mr. Chapa polled the Council for their votes as follows: 12.e. ORDINANCE NO. 023889 Annexing three tracts of land adjacent to the city limits, located on Mustang and North Padre Islands, east of State Highway 361 and Park Road 22, in the vicinity of Packery Channel and Lake Padre subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area E) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. There were no comments from the audience or the Council regarding Area F, Mustang Island north of Mustang Island State Park (Tracts 1 and 2 as amended). Mr. Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 21, 1999 Page 14 12.f. ORDINANCE NO. 023890 Ordinance annexing two tracts of land adjacent to the city limits on Mustang Island, located between Mustang Island State Park and the City of Port Aransas; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. (Area F) The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Kinnison voting "No." ************ * Mayor Neal opened discussion on Item 13, adopting the annexation plan. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 023891 Resolution adopting the annexation plan required by Section 43.052, Local Government Code. The foregoing resolution 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 14, Southeast Senior Citizens Center. Mr. Escobar explained that the new addition will be added to the side of the existing Garden Center located near Cullen Middle School. He said staff is recommending that Additive Alternate No. 4 for additional parking not be awarded at this time due to insufficient funding. However, if contingency funds become available as the project nears completion, staff will bring Additive Alternate No. 4 back to the Council for change order approval. Mr. Escobar also described the design of the new center. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. M99-442 Motion authorizing the City Manager or his designee to execute a construction contract with Mehne Construction for a total fee not to exceed $692,690 for the Southeast Senior Citizens Center. Minutes Regular Council Meeting December 21, 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. M99-443 Motion authorizing the City Manager or his designee to execute a contract for engineering services with Freese & Nichols Inc. in the amount of $98,200 for an update of probable maximum flood calculation for Wesley Seale Dam. 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 16, Leopard Street Phases 1 and 2. He called for comments from the audience. Mr. J.E. O'Brien urged the Council before voting on this item to carefully review the wording of Article IV, Section 3 of the City Charter. He said the Council should vote against the ordinance. Mr. Jack Gordy said the Council members took an oath that they would uphold the laws of the City of Corpus Christi, including the City Charter. He said the ordinance does not fit the definition of an emergency and the Charter states that a transfer of funds is not allowed. City Attorney Bray said it is their opinion that the transfer of funds provision in the City Charter does not prevent a loan from the Utilities Fund when an interest rate is charged. As a result, the Utilities Fund is fully reimbursed at the same rate the fund would have been if it had simply invested the money. The City Attorney said the purpose of the transfer provision is to prevent the Utilities Fund from subsidizing the General Fund, and this action does not do that. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 023878 Resolution of statement expressing official intent to reimburse costs of Leopard Street, Phase I and II street improvement project. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting December 21, 1999 Page 16 16.b. ORDINANCE NO. 023879 Ordinance appropriating $728,834 from the Unreserved Fund Balance in the Combined Utility Systems Fund; transferring and appropriating it in the No. 3539 Street Capital Improvements Project 2000 (CO) Bond Fund to complete the 1986 bond street improvements, to be reimbursed to the Combined Utility Systems Fund with interest; amending Ordinance No. 023702, which adopted the FY99-00 Budget, by adding $728,834 to the Combined Utility Systems Fund; amending Ordinance No. 023703, which adopted the FY99-00 Capital Budget, by adding $728,834 to the No. 3539 Street Program. 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." 16.c. RESOLUTION NO. 023880 Resolution authorizing the City Manager or his designee to execute an advanced funding agreement with the Texas Department of Transportation in the estimated amount of $1,057,178.37 for the construction of roadway improvements and utility extensions associated with the Leopard Street Phase 1 & 2 - McKinzie to Rehfeld Road 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 opened discussion on Item 17, Kostoryz Road utilities adjustment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. M99-444 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,210,654.80 with Reese Contracting Inc. of Corpus Christi, Texas, for the Kostoryz Road utilities adjustment: Holly Road to Saratoga Boulevard, S.H. 357 project. 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 18, Buccaneer Days lease agreement. There were no comments from the audience. Minutes Regular Council Meeting December 21, 1999 Page 17 Responding to Council Member Gonzales, Mr. Tony Cisneros, Director of Park and Recreation, said the lease agreement is for five years at the site specified. Following a brief discussion, Mr. Cisneros read from the lease agreement, which states that if the city develops a festival site during the lease, the Buccaneer Commission agrees to negotiate moving the event to the new festival site for the next event after the site is opened. Council Member Scott questioned the terminology that the Commission agrees to "negotiate" moving the event. Council Member Colmenero said the Commission has already begun to look for another site. Council Member Betty Jean Longoria said that several years ago when she first became a Council member, city staff proposed a festival site near the Harbor Bridge and several Buccaneer Commissioners were totally against it Mr. Garrett said the Commissioners were opposed at that time because the Buccaneer carnival did not fit in the area proposed. However, he said the Commission supports the development of a festival area that would accommodate a carnival that size and other events as well. Mayor Neal asked staff, prior to second reading, to work on the language so as to reach an agreement. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the Buccaneer Commission Inc. to conduct the Buccaneer Days Festival and related activities on the areas bounded by (a) the interior of the west curb line of Shoreline Boulevard (northbound) and the east curb line of Shoreline Boulevard (southbound) and bounded on the south by Memorial Coliseum and on the north by the south curb line of Kinney Street; and (b) the seafloor of the Municipal Marina's south basin bounded by Shoreline Boulevard to the west, the McGee Beach pier and rock groin to the south and the south side of the Lawrence Street L -Head to the north, in consideration of the Commission paying a one-time $250 permit fee and 100% of the cost of City services for event support, except that in 2000 only, Commission will pay 75% of police overtime costs; giving Commission exclusive use of the premises for 20 days and non-exclusive use for 29 days during a set period for each of the five years, as shown in the lease beginning April 14, 2000. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Garrett abstaining; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. C1199 -1A, City of Corpus Christi: Zoning of newly annexed territory to "R -1B" Minutes Regular Council Meeting December 21, 1999 Page 18 One -family Dwelling District on McIntyre Partition, being 3.5 acres, located on the east side of East Riverview Drive, approximately 1,100 feet north of Dry Creek Dr. (Area A, Tract 1) City Secretary Chapa said the Planning Commission and staff recommended approval of an "R -1B" District. No one appeared in opposition. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 023892 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to newly annexed 3.5 acre tract, designated as Area A, Tract 1, by zoning as "R -1B" One -Family Dwelling District; amending the 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 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. C1199 -2A, City of Corpus Christi: Zoning of newly annexed territory to "R -1B" One -family Dwelling District on Herrera Grant, being 2.5 acres and McIntyre Partition, being 37.0 acres, located south of Nueces River, east of East Riverview Drive, and west of River Park and Wood River Drives. (Area A, Tracts 2-5) City Secretary Chapa said the Planning Commission recommended approval of an "R -IB" One -family Dwelling District on Tracts 2, 3, and 4, and an "R -A" One -family Dwelling District on Tract 5. The staff's recommendation was approval of an "R -1B" One -family Dwelling District on Tracts 2, 3, 4, and 5. Mr. Michael Gunning, Director of Planning and Development, said the Planning Commission and staff were in agreement that Tracts 2, 3, and 4 should be zoned an "R -1B" District. The commissioners felt that since Tract 5 adjoins the Nueces River, it should have a lower density and they recommended "R -A"; however, staff felt the "R -A" district would be too restrictive to develop the property. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023893 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 39.5 -acre tract, designated as Area A, Minutes Regular Council Meeting December 21, 1999 Page 19 Tracts 2, 3, 4 and 5 by zoning as "R -1B" One -Family Dwelling District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. ********** * ** Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. C1199 -3A, City of Corpus Christi: Zoning of newly annexed territory to "F -R" Farm -Rural District on Herrera Grant North Portion, being 38.07 acres, located on the south side of the Nueces River, and north of Santa Gertrudis Drive. (Area B, Tract 1) City Secretary Chapa said the Planning Commission and staff recommended approval of an "F -R" District. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Garrett and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023894 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 38.07 acre tract, designated as Area B, Tract 1, by zoning as "F -R" Farm -Rural District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Colmenero, Cooper and Scott absent. * * * * * * * * * * * * * Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 22. Case No. C1199 -4A. City of Corpus Christi: Zoning of newly annexed territory to "F -R" Farm -Rural District on Tract 2 and "R -1B" One -family Dwelling District on Tracts 4A and 4B on Nueces River Irrigation Park Annex No. 1, being 26 acres, and Herrera Grant North Portion, being 41.67 acres, located on the west side of County Road 69, between the Nueces River and Northwest Boulevard (F.M. 624). City Secretary Chapa said the Planning Commission recommended approval of an "F -R" District on Tract 2, an "R -1B" One -family Dwelling District on Tracts 4A.1 and 4B, an "AB" Minutes Regular Council Meeting December 21, 1999 Page 20 Professional Office District on Tract 4A.2, and "B-1" Neighborhood Business District on Tract 4A.3. Staffs recommendation was approval of an "F -R" Farm -Rural District on Tract 2 and approval of an "R -1B" One -family Dwelling District on Tracts 4A and 4B. Mr. Gunning said there is only one residence in that area and the rest of it is low-lying property along the riverfront. He explained that previously the Council requested that a portion of Tract 4 (specifically six single-family residences along County Road 69) be excluded from the annexation. He explained the difference between the Planning Commission's and staffs recommendations for the newly annexed areas. No one appeared in opposition to the zoning. Responding to Mrs. Longoria, Mr. Gunning said that when the northern portion of the area is developed, the developer will be responsible for dedicating the additional right-of-way for River Wood Drive. Mr. Utter added that if the area is developed for residential use, the developer would not be required to reconstruct the existing street; the property owners could petition for the street paving and they would pay for approximately two-thirds of the cost. A brief discussion ensued. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 023895 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 68.27 -acre tract, designated as Area B, Tracts 2, 4A and 4B, by zoning Tract 2 as "F -R" Farm -Rural District and Tracts 4A and 4B as "R -1B" One -family Dwelling District; amending the 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." * * * * * * * * * * * * * Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 23. Case No. C1199 -5A, City of Corpus Christi: Zoning of newly annexed territory to "F -R" Farm -Rural District on Gregorio Farias Grant, being 73 acres, located on the north side of Zamora Street and on the west side of River Lane. (Area C) City Secretary Chapa said the Planning Commission and staff recommended approval of an "F -R" District. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Garrett, and passed. Mr. Chapa polled the Council for their votes: Minutes Regular Council Meeting December 21, 1999 Page 21 23. ORDINANCE NO. 023 896 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 73 -acre tract, designated as Area C, by zoning Area C as "F -R" Farm -Rural District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison abstaining. * * * * * * * * * * * * * Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 24. Case No. C1199 -6A, City of Corpus Christi: Zoning of newly annexed territory to "F -R" Farm -Rural District on Tract 1 and `B -2A" Barrier Island Business District on Tract 2, on William Bryan Survey 605, being 1,238 acres, located on the northwest side of State Highway 361 and east of South Padre Island Drive (Park Road 22). (Area D, Tracts 1 and 2) City Secretary Chapa said the Planning Commission recommended approval of an "F -R" Farm -Rural District on Tract 1 and an "R -A" One -family Dwelling District and a `B -2A" Barrier Island Business District on Tract 2. Staff's recommendation was approval of an "F -R" District on Tract 1 and `B -2A" Barrier Island Business District on Tract 2. Mr. Gunning said the Planning Commission and staff were in concurrence on the recommended zoning of "F -R" for Tract 1 because it is designated as a Coastal Barrier Resources Area (COBRA), which prohibits the use of federal loans or grants for development, insurance, or emergency relief funds for repairs or reconstruction. However, the Commissioners and staff differed on the recommendation for Tract 2. Staff recommended that Tract 2 be zoned `B -2A," which is consistent with uses on the island. He said there was considerable opposition to that recommendation during the Planning Commission meeting. Some of the residents expressed concern about commercial uses backing up to their residential streets, as well as the impact it would have on the area as a nature reserve. He noted that in January, staff will be bringing back to the Council amendments to the `B -2A" district, which he explained. Mayor Neal called for comments from the audience. Mr. Trian Serbu, 14310 Playa del Rey, referred to a map and noted that there are residential streets on the north and east sides of Tract 2 and there are commercial highways on the west and south sides of the tract. He said the Planning Commissioners recommended a 300 -foot deep commercial buffer along S.H. 361, which they feel is appropriate. However, he said the rest of the tract is very special in that it has a high ecological value and calls for sensitive development. Minutes Regular Council Meeting December 21, 1999 Page 22 Consequently, the commissioners recommended "R -A" One -family Dwelling District on the rest of Tract 2. Mr. Serbu said a separate issue to consider at another time is the statement in the public hearing notice that a particular zoning petition "should not be discussed with individual members of the City Council prior to the hearing." Mr. Lonnie Schwirtlich, 14314 Playa del Rey, said Tract 2 and the neighborhood in that area are the only areas on the island that retained the old oak trees. He said while it would make sense for the property owner to develop the area along SH 361 with commercial uses, the rest of the tract should be developed residentially like the surrounding neighborhoods. Mrs. Pat Suter, 1002 Chamberlain, said she was speaking on behalf of the local environmental community, including two Audobon groups, the Sierra Club, and OPUS, as well as the Fish and Wildlife Service. She said the area in question is a part of the Greater Texas Coastal Birding Trail due to the collection of oak trees there. She added that if the city zones that tract `B - 2A" it would result in clear cutting the property. Responding to Mayor Neal, Mrs. Suter said they agreed with the Planning Commission's recommendation, which she explained. She also further discussed environmental concerns versus development. Mr. Art Olson, 1510 South Bay, said he is a member of the Audobon Outdoor Club of Corpus Christi, which owns and maintains 12 pieces of land for birding purposes. He said the proposal would allow for commercial uses across from the club's sanctuary area. He explained why they support the Planning Commission's recommendation of "R -A" on a portion of Tract 2. Dr. David Gray, 15202 Cane Harbor, said that since the island consists of sand it is very unstable, and trees and vegetation help it maintain its stability. He said people should consider ecological interests when they develop. Dr. Robert Walter said he has a second home on the island. He said the landowner should be allowed to do what he wants to with his land; otherwise, the people who are opposed to his proposed uses should purchase the property. Mr. Al Allison said his family has owned this property since 1949. He said he has had many opportunities to sell the property for use as trailer parks and other uses but he has turned them down because they have only wanted to have a first-class business project there. He said his father dreamed that one day Packery Channel might be opened, and it is still possible. Mr. Allison said they have been paying taxes on the property as commercial property and they should not be prevented from developing it as they see fit. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott reiterated that Mr. Allison has been paying taxes on his property as commercial property. He also asked about buffers and setbacks in a "B -2A" district, which Mr. Gunning explained. Mr. Scott then made a motion to zone Tract 2 as "B -2A" with the exception of a 120 -foot Minutes Regular Council Meeting December 21, 1999 Page 23 "R -1B" buffer along Playa del Rey. Mr. Colmenero seconded the motion. Responding to Mayor Neal, Mr. Gunning said the "F -R" Farm -Rural District is the most restrictive zoning district in the city and it limits development to one dwelling unit per five acres; an "RA" district allows single-family residences with a minimum of 15,000 -square foot lots. Mr. Gunning reiterated the Planning Commission's zoning recommendation for Tract 2 and he explained how the property would be accessed if it is zoned commercially versus residentially. Mr. Chapa polled the Council on Mr. Scott's motion to amend the ordinance, and it passed as follows: Colmenero, Cooper, Garrett, J. Longoria, and Scott voting "Aye"; Neal, Gonzales, Kinnison, and B. Longoria voting "No." Mr. Chapa then polled the Council for their votes on Item 24 as follows: 24. ORDINANCE NO. 023897 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 1,238 -acre tract, designated as Area D, Tracts 1, D2.1 and D2.2, by zoning Tract 1 as "F -R" Farm -Rural District; by zoning Tract D2.1 as "B -2A" Barrier Island Business District; and by zoning Tract D2.2 as "R -1B" One -Family Dwelling District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales and Kinnison voting "No." * * * * * * * * * * * * * Mayor Neal referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 25. Case No. C1199 -7A, City of Corpus Christi: Zoning of newly annexed territory to "A -T" Apartment -Tourist District on Tract 1 and `B -2A" Barrier Island Business District on Tract 2, on portion of William Bryan Survey 606 and Nicolas and Juan Jose Balli, Abstract 1998, located on the southeast side of State Highway 361, east of South Padre Island Drive (Park Road 22). (Area E, Tracts 1 and 2) City Secretary Chapa said the Planning Commission recommended approval of an "AT" Apartment -Tourist District on Tract 1 and an "AT" Apartment -Tourist District and a "B -2A" Barrier Island Business District on Tract 2. Staff's recommendation was approval of an "AT" Apartment - Tourist District on Tract 1 and a "B -2A" Barrier Island Business District on Tract 2. He added that Council Member Garrett would be abstaining from discussing or voting on this item. Mr. Gunning said the Planning Commission and staff were both recommending that Tract Minutes Regular Council Meeting December 21, 1999 Page 24 1 be zoned "AT" Apartment -Tourist District, which will allow condominium and hotel development. He said the owner of a large portion of that tract supports that zoning designation. With regard to Tract 2, Mr. Gunning said staff recommended the "B -2A" district because it would allow the property to be developed with mixed uses, including marinas, which the "AT" district does not allow. He said since this is a waterfront subdivision, staff felt that would be appropriate; the `B -2A" would also allow other water -related uses, such as boat barns and storage. Mayor Neal called for comments from the audience. Dr. David Gray, a member of the Cane Harbor Homeowners Association, distributed a diagram showing the Cane Harbor development and two "finger" projections to the east which he said staffs map does not show. He said the investors originally designed the area for single-family development. Dr. Gray said the island is growing as a community, evidenced by increased home construction and the formation of a charter school there. He said there are also environmental concerns regarding the amount of runoff that will be produced with high-density development on Lake Padre, which has poor circulation. Mrs. Blanca Gray, 15202 Cane Harbor, said when she and her husband purchased their property, they were advised by various real estate agents that the adjacent two finger projections were intended to be residential development. She said the new developer has indicated he plans to build townhomes, restaurants and other uses. She expressed concern about unplanned growth and the services that will be required with higher -density development. Mr. Carl Suding, Vice President of the Cane Harbor Homeowners Association, said when they purchased their property they were under the impression that the finger projection directly across from them would be developed residentially, which they were requesting. Mr. Paul Schexnailder said they own the area referred to by the previous speakers along with other land on the island. He said their plans continue to be to develop that area in an organized way to meet the needs of the community. He said they currently have on the island about 1,000 acres of undeveloped land that is already zoned for single-family use, as well as 600 waterfront lots without houses and 2,000 single-family non -waterfront lots. He added that the Lake Padre side is predominantly directed toward tourism development; however, they are concerned about the "AT" district because the allowable density exceeds the carrying capacity for that area. Mr. Schexnailder said he met yesterday with the Cane Harbor residents and they are sensitive to their concerns, adding that their plans have reduced the number of people who would be across from them. Dr. Gonzales made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Ms. Cooper said she agrees with the Grays, and she made a motion to amend the ordinance to exempt from the requested `B -2A" zoning the existing finger projection immediately to the east of Cane Harbor, and in lieu thereof, to substitute "R -1B" zoning. The motion died for lack of a second. Minutes Regular Council Meeting December 21, 1999 Page 25 Mr. Scott made a motion to adopt staff's recommendation on Tracts 1 and 2 in Area E. Mr. Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 023898 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 711 -acre tract, designated as Area E, Tracts 1 and 2, by zoning Tract 1 as "AT" Apartment -Tourist District and Tract 2 as `B -2A" Barrier Island Business District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper voting "No"; Garrett abstaining. * * * * * * * * * * * * * Mayor Neal referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 26. Case No. C1199 -8A City of Corpus Christi: Zoning of newly annexed territory to `B -2A" Barrier Island Business District on Padre Island No. 1, all of Block 31, located between South Padre Island Drive (Park Road 22) and Windward Drive, south of Whitecap Boulevard. (Area E, Tract 3) City Secretary Chapa said the Planning Commission and staff recommended approval of a "B -2A" District. No one appeared in opposition. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023899 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 14.5 -acre tract, designated as Area E, Tract 3, by zoning as `B -2A" Barrier Island Business District; amending the Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. * * * * * * * * * * * * * Mayor Neal referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes Regular Council Meeting December 21, 1999 Page 26 27. Case No. C1199 -10A City of Corpus Christi: Zoning of newly annexed territory to "F -R" Farm -Rural District on Tract 1 and "AT" Apartment Tourist District on Tract 2 on William Little Survey 593, Abstract 211; William Little Survey 594, Abstract 210; William Little Survey 595, Abstract 213; James A. Waterberry Survey 596, Abstract 408; R.S. Harvey Survey 599, Abstract 164; A.B. Little Survey, Abstract 944; and William Little Survey, Abstract 216, located between Corpus Christi Bay and the Gulf of Mexico and between City of Port Aransas and Mustang Island State Park. (Area F, Tracts 1 and 2) City Secretary Chapa said the Planning Commission and staff recommended approval of an "F -R" Farm -Rural District on Tract 1 west of State Highway 361, and an "AT" Apartment -Tourist District on Tract 2 and on Tract 1 east of State Highway 361. Mr. Gregory Smith, 1746 Glen Oak, said he represents Mr. Stanley Jay Dee, the agent for Tufts Cove Investment, which owns Tracts 593, 594, and 595 on the bay side of S.H. 361 (a total of 450 acres). He said they do not oppose the "F -R" zoning on 593 and 595; however, 594 contains the Wilson Cut, an old oil field channel which is used by fishermen as a launching area. He said they have been discussing the idea of developing that section of the property with an improved boat launch, convenience store, fishing cabins, RV spaces, and other tourist -related businesses. He said Mr. Dee would like to have `B -2A" zoning there with a special use permit for the RV spaces. Mr. Utter said staff has spoken with Mr. Smith about his request, which they received last week. He said this zoning case has been advertised for "F -R" and the Council cannot grant Mr. Smith's request at this time; however, the city can bring this case back to rezone this 150 acres as "B -2A." He agreed that the RV usage would require a special permit which they will discuss. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Colmenero asked if the Council could approve the zoning for the other sections but leave out the area referred to by Mr. Smith. Mr. Utter replied that would mean the Council would be annexing an area but not zoning it; however, they could leave that tract out. Mr. Colmenero made a motion to amend the ordinance to delete the 150 acres from the zoning request; seconded by Ms. Cooper. Mr. Chapa polled the Council on the motion to amend, and it failed by the following vote: Colmenero, Cooper, and Kinnison voting "Aye"; Neal, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "No." Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023900 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 2,513 -acre tract, designated as Area F, Tracts 1 and 2, by zoning the part of Tract 1 west of State Highway 361 as "F -R" Farm -Rural District, and by zoning Tracts 2 and the part of Tract 1 east of State Highway 361 as "A -T" Apartment -Tourist District; amending the Comprehensive Plan. Minutes Regular Council Meeting December 21, 1999 Page 27 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 a short recess. * ************ Mayor Neal said the Council would hear the update by the Interim Board of the Convention and Visitors Bureau (CVB). Mr. Bill Pruet, Interim Board Chairman, commended Ms. Char Beltran, CEO of the CVB, for keeping her staff focused during this transitional period. Mr. Pruet said that 54,820 convention room nights have been booked year to date, which is up 59% from the same period last year. In addition, there have been about 3,500 leisure sale room nights and 45,000 people have registered at the CVB's various visitor information centers. He said they are on track to exceed $5 million in the hotel/motel bed tax before the end of this fiscal year. He said that results in a $15.37 return for every dollar invested year to date. Mr. Pruet said the CVB intends to continue developing its Web site; to develop a more aggressive marketing program to market the expanded convention center; to continue their partnerships with the Port of Corpus Christi Authority, Hispanic Chamber of Commerce, San Antonio CVB, and the Texas National Tour Company; and continue their efforts in the Mexico market. Mr. Pruet said the second issue is the progress of the CVB Interim Board. He said Ms. Beltran was appointed as the CEO under the same terms and conditions of her employment with the Greater Corpus Christi Business Alliance. He said they adopted a mission statement, organizational chart, and staffing program. Ms. Beltran reduced salaries by $30,000 and allocated that amount to the advertising and marketing effort. The Interim Board Chairman said the proposed contract contains many of the same terms and conditions as the pre -Alliance contract. He said there were two items which they discussed extensively: the budget (compensation) and the make up of the board. He noted that the budget will remain the same for this fiscal year and the CVB will bring its budget before the Council during the next budget process. With regard to the CVB's board, Mr. Pruet said they are recommending a 15 -member board consisting of the following representatives: five members from the hotel community; two from the restaurant association; two from area attractions; two from air/ground transportation industry; and three from the business and/or professional community at large. He said one of the reasons they recommended that make up was because it reflected the board's composition when the local CVB was producing 10% to 15% annual growth in the hotel/motel tax. In addition, it is similar to CVBs Minutes Regular Council Meeting December 21, 1999 Page 28 throughout the country. Mr. Pruet added that while the Council had no control over certain economic factors, such as the bust in the oil industry, they do have control over the tourism industry and the strong part it plays in the city's future growth. Responding to Council Member Garrett, Mr. Pruet said it has only been in the last 18 months (since Ms. Beltran started working at the CVB) that meaningful programs for the Mexico market have been put into place. Mr. Pruet added that one provision in the proposed contract that is significantly different from past contracts is their recommendation of a representative from Padre Island, particularly since the beaches are the area's number one tourism attraction. He said the membership shall also include persons from the northwest and westside areas. He said the CVB board will be set up like any other city board in that people can submit resumes for vacancies (within established categories, including at -large) to the City Secretary's Office or the Council members. Council Member Gonzales thanked the CVB members for their efforts, and he said it is important to promote local tourism. He also referred to the composition of the proposed board. Council Member Kinnison said he would like the Council to receive financial information and copies of the minutes of the interim board and the permanent board. Mr. Kinnison also asked about the board's composition. Mr. Pruet replied that the Mayor and City Manager (or their designees) shall serve as additional non-voting members of the board, as will representatives from the Area Council. Mr. Kinnison said he would like the Council to have more input into the selection of the board members to ensure its diversity. Responding to another question from Mr. Kinnison, Deputy City Manager Noe said the funding arrangement will not change until the next budget cycle. In addition, the language about the CVB's relationship with the U.S.S. Lexington is a holdover from the agreement with the Alliance, which can be discussed. Council Member John Longoria said that when the Alliance was formed a few years ago, some of the Council members felt they did not have much say about the Alliance's actions although the Council was primarily accountable to the public for the funds that were used. Mr. Longoria then discussed specific aspects of the proposed bylaws, including the proposed board composition. He suggested the following make up of the board: three from the lodging industry; one each from the restaurant, attractions, and transportation industries; and one board member appointed by each of the nine Council members, similar to the Council -appointees on the Crime Control and Prevention District Board. Mr. Pruet replied that they have made every effort to completely open the nomination process, and he emphasized the importance of having a board that understands the tourism industry and is committed to making it grow. Mr. Longoria also suggested that the board members have a two -term limit. Mr. Pruet said the initial board set up establishes a rotation. He and Mr. Noe also responded to other concerns and questions raised by Mr. Longoria about the bylaws. Minutes Regular Council Meeting December 21, 1999 Page 29 Council Member Scott suggested that, in light of the city's annexation program and proposed annexation in the future, a representative of the Mustang Island condominiums be included as an ex - officio member of the CVB board. He agreed that since the island is the number two tourism destination in the state, it is important to have an island representative on the board. Council Member Betty Jean Longoria said since the Council has to be accountable to the public, the Council is careful when it makes appointments to city boards --taking into consideration the expertise that may be required and the appointee's willingness and ability to serve. She said she is supportive of the Council having a say in the CVB board appointments and she discussed the importance of receiving ongoing information from the CVB. Mr. Garrett suggested that the board consist of the members proposed in the bylaws with the exception of having nine members at large rather than three, and those nine members would be appointed by each Council member, for a total of 21 members. Mr. Longoria suggested that the board consist of 18 members as follows: five -lodging; two -restaurant; one each from attractions and transportation; and nine at large appointed by the Council members. Mayor Neal said the Council was giving direction to the City Manager and the CVB Interim Board to take the Council members' comments into consideration and come back to them in January. Additional discussion followed about the make up of the board. Mr. Garcia and Mr. Noe also responded to Council Member Colmenero's questions about convention center expenses and third - party agreements. * * * * * * * * * * * * * City Manager Garcia said staff would delay the presentations about the disparity study findings, the Solid Waste Services automated collection pilot program, and proposals for the Marina Administration offices. The last presentation was made by Mr. John Bacon, Director of Information Systems, regarding the city's Y2K readiness and its "Day Zero" plan. He noted that the Council made the decision to replace some of the city's obsolete computer systems rather than merely converting them to make them compliant with year 2000 issues. Other systems that were in operation have been converted for compliance. He then described local preparations for Y2K, including activating the Emergency Operations Center, monitoring activities throughout the world as different areas enter the new century, and trouble shooting the city's systems. ************* Mayor Neal announced an executive session, pursuant to Texas Government Code, Section 551.074 for the purpose of evaluating the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Minutes Regular Council Meeting December 21, 1999 Page 30 Council Member Kiimison made the following motion, seconded by Council Member John Longoria. Mr. Kinnison explained that the Council had originally said they would increase the City Manager's retirement from $7,500 to $10,000; however, there is a legal limitation in that the retirement amount cannot exceed $8,000. Mayor Neal called for a voice vote, and the motion passed as follows: G.2. M99-432 Motion effective December 31, 1999 to increase the salary of the City Manager by $5,000 and amend his employment agreement to increase his vacation leave accrual from 15 days to 20 days per year, and provide the same five-day buy-back vacation leave provision afforded other City employees. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Council Member Gonzales extended holiday wishes to everyone. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:23 p.m. on December 21, 1999. * * * * * * * * * * * * *