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HomeMy WebLinkAboutMinutes City Council - 02/08/2000I 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 February 8, 2000, which were approved by the City Council on February 15, 2000. WITNESSETH MY HAND AND SEAL, this 15th day of February, 2000. Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 8, 2000 2:00 p.m. 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 Minister Luis Torres Jr., Iglesia de Cristo, following which the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 January 25, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal said a number of current and retired city employees have raised concerns about the city's health insurance. He asked staff to provide the Council with a full briefing on that issue during next week's meeting. Council Member Gonzales said he will not be present at next week's meeting because he is going to Mexico on an economic development trip with the Port of Corpus Christi Authority. He said it is important to let the employees know that before anything takes place regarding the health insurance, it is going to go before the Council for their final decision. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: C.C. Bay Area Minority Business Opportunity Steering Committee Lino Vera (Reappointed) Jesse E. Guerra Jr. Steven Gomez (Reappointed) Rev. Leroy Roundtree Steve Cervantes Edward Sanchez Melanie Gonzales Minutes Regular Council Meeting February 8, 2000 Page 2 Senior Companion Program Advisory Committee Sara Heselmeyer Senior Community Services Advisory Committee Robin Ford Elia Gutierrez * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Shelley Hilliard, 4242 Gulfbreeze Blvd., said that the Park and Recreation Department staff held a public hearing at The Breakers Condominiums to receive comments about Kappa Beach Party 2000, which has applied for a permit to hold a concert on Corpus Christi Beach (North Beach). Mr. Hilliard said that the applicant, Mr. Kevin Scsay, was quoted in the Houston Chronicle as saying that he can get 80,000 college students to Corpus Christi for the Kappa Beach Party, which he implied is an official function of the Kappa Alpha Psi fraternity. However, Mr. Hilliard said Mr. Sesay is being sued in Houston for using the fraternity's name without their permission. Mr. Hilliard said he had given the City Secretary petitions containing 162 residents' names from three condominiums on Corpus Christi Beach. He said they are opposed to the party being held on Corpus Christi Beach. Council Member Gonzales asked if staff had looked into whether Kappa Beach Party is a legitimate organization. City Manager Garcia replied that the organizers of the beach party filed an application with the Park Department in December 1999 and staff has determined that the application is incomplete. IIe said staff has been discussing with the promoters what would be required to complete the application, and earlier on February 8 staff spoke with Mr. Scsay, who said they intend to withdraw their application for the beach party. Staff also indicated that based on the current information, they would not recommend that the event be conducted. Council Member Colmenero said the residents of Corpus Christi Beach were concerned about the proposed beach party event and they had difficulty obtaining information about it. He urged staff to be more proactive in the future. Mr. Garcia replied that the promoters were going through the city's application process but since they did not complete the application, staff could not take any action on it. He added that there was much misinformation about the organization. Mr. Michael Kennedy, Vice President and General Manager of Beach Place, said the park area next door to the condominium is not appropriate for the beach party that was proposed there. He said parties such as that should be held on Padre Island and not on Corpus Christi Beach. He said he was in Galveston last weekend and the Kappa beach party there caused major problems. Mr. Phil Rosenstein referred to the budget discussion held during the January 25, 2000, Council meeting and to a related article in the local newspaper. He said the Council should not have Minutes Regular Council Meeting February 8, 2000 Page 3 to receive information from the newspaper since it should be provided by staff. Mr. Garcia said Mr. Rosenstein's comments raise the issue of the difficulty that staff has in speaking to Council members individually outside of the public forum. He said the Attorney General has made very rigid rules about the City Manager's ability to contact Council members, basically saying that he cannot do so in private forums and he cannot disclose confidential briefing material outside of a public forum. He said staff has to ensure that briefing documents are disseminated to the public at the same time they are provided to the Council. Dr. Gonzales said the Council has not been told that and he asked if that meant that the Council was not able to ask the City Manager any questions. City Attorney Bray said the Open Meetings Act provides that there cannot be a quorum of the City Council communicating at any one time. Mr. Garcia said he used to have individual meetings with the Council members to discuss specific items but he can no longer do that. He explained that over the last several months the new Attorney General has clarified the Open Meetings Act rules in a very conservative way by indicating that the public's business must be done in public. Mr. Bray added that there are some gray areas but the basic rule is that one cannot circumvent a quorum. Mr. Colmenero asked that the Council be provided with an explanation as to whether the Attorney General's interpretation hinders the relationship between the Council and staff. Mr. Leon Perez said people in the community are tired of the decrepit condition of the old Nueces County Courthouse, and he questioned why that issue has not been resolved. Mr. Roland Garza, 4645 Ocean Dr.. said he is the civil rights chairman for the Felix Longoria Forum and he has been working with city employees for over two years. IIe said they have been talking with the City Manager about city staff who use city equipment, supplies and time to operate private businesses. Mayor Neal asked if Mr. Garza's concerns had been considered through the grievance process. Mr. Garza replied affirmatively, adding that he also presented the information to Mr. Garcia. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-8). Council members requested that Item 5 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: M2000-034 Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio, Texas for approximately 10,500 tons of cold mix -cold laid asphalt, Type B, Item 330 in accordance with Bid Invitation No. BI -0049-00 based on sole source for an estimated annual expenditure of $299,250. The tenn of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of Minutes Regular Council Meeting February 8, 2000 Page 4 the supplier and the City Manager or his designee. The Street and Utility Departments will be using this material for the patching and repairing of city streets. Funds have been budgeted by the Street and Utility Departments for FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2000-035 Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. for a total fee not to exceed $20,880 for the Parkdale Library chiller replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. ORDINANCE NO. 023930 Ordinance appropriating $9,817.75 from the Estate of L. Lloyd Sessions in the No. 6010 "Frust Fund - Museum Donations; authorizing the transfer of $9,817.75 to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum. 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." 7. ORDINANCE NO. 023931 Ordinance amending the Corpus Christi Code of Ordinances, Chapter 24, Sections 24-33, 24-37, 24 40, 24-46, 24-47, 24-48, 24-49, 24-50, 24-51, 24-52, 24-53, 24-54, 24-55, 24-56, 24-58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article III, Discrimination in Housing and providing for penalties. 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." ORDINANCE NO. 023932 Amending the Zoning Ordinance by defining farmers market and farmers market retail sales area and allowing the farmers market retail sales area in "B-3" Business Districts and "B-4" General Business Districts: amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes Regular Council Meeting February 8, 2000 Page 5 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, acquisition of land parcel. Responding to Council Member Scott, Mr. Bray said the Council needs to approve the purchase of the property at the proposed price so the city can take the land and put it in the registry of the court. He said there is a separate decision about whether to appeal to the County Court but meanwhile the project can proceed. City Secretary Chapa polled the Council for their votes: 5. M2000-036 Motion authorizing payment of the Special Commissioners' condemnation award of $207,600 for acquisition of Parcel No. 34 located at the Ennis Joslin/South Alameda intersection in connection with the Spur 3, Phase 2 Improvements 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 referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 9. Case No. 0100-01, Roy Smith and W.M. Bevlv: A change of zoning from an "AB" Professional Office District to a "B-4" General Business District on Kings Square Addition, being the north 2.36 acrcs out of Lot 7A, located on the north side of McArdle Road, approximately 400 feet west of Shopping Way. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDTNANCE NO. 023933 Amending the Zoning Ordinance upon application by Roy Smith and W.M. Bevly by changing the zoning map in reference to 2.36 acres out of Lot 7A, Kings Square Addition, from "AB" Professional Office District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes Regular Council Meeting February 8, 2000 Page 6 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 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0100-02, The Joslin Partnership: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 1.495 acres out of Lots 6 and 7, located on the northwest corner of South Padre Island Drive and Ennis Joslin Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023934 Amending the Zoning Ordinance upon application by The Joslin Partnership, by changing the zoning map in reference to 1.495 acres out of Lots 6 and 7, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R -IB" One -family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye„ * * * * * * * * * * * ** Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0100-03, Town Market: A change of zoning from an "R-2" Multiple Dwelling District to a "B-1" Neighborhood Business District on L.A. Barrett, Block 1, being the west 0.30 acre out of Lot 1, located on the northeast corner of Colonial Court and Old Robstown Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-1" District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion Minutes Regular Council Meeting February 8, 2000 Page 7 to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 023935 Amending the Zoning Ordinance upon application by Town Market, by changing the zoning map in reference to the west 0.30 acre out of Lot 1, Block 1, L.A. Barnett, from "R-2" Multiple Dwelling District to `B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, agreement with the Corpus Christi Convention and Visitors Bureau (CVB). Deputy City Manager Noe said the concerns raised by the Council during their January 25, 2000, meeting about the CVB have been addressed in the agenda support material. He said language has been added to the agreement to clarify that the compensation does not apply to the 2% of the hotel/motel tax that has been dedicated to the expansion of the Convention Center. In addition, in the section regarding board membership, language has been deleted that referred to specific geographic areas of the city, and term limits have been included. Mr. Noe said that in the section regarding administration and bylaws, language has been added that requires that any amendments to the bylaws be approved by a two-thirds vote of the board after providing a 10 -day written notice of the proposed change to all board members, the City Council, and the City Manager. Mr. Noe added that the CVB Interim Board met last week and recommended approval of the proposed agreement and bylaws. The three Council members who served on the interim board --Mrs. Longoria, Mr. Colmenero, and Mr. Garrett --commented that they were in agreement with the action taken by the interim board on the proposed documents, but they were waiting to sce what Mr. Kinnison would be proposing. Mr. Kinnison said he had a proposed amendment to the CVB agreement faxed to each of the Council members earlier in the day. He then made a motion to add the following sentence to Section 2 under "General Provisions -Administration and Bylaws": "Changes in the terms of the employment agreement with the President/Chief Executive Officer may be made only after providing 10 days written notice to all Board members, the Mayor and City Council, and the City Manager." Minutes Regular Council Meeting February 8, 2000 Page 8 Mr. Kinnison said his proposal is simply an informational amendment so that future Councils will be aware of the terms of the CVB President's employment agreement. He said his proposal also requires informing the CVB board members because, in the past, very few board members of the Greater Corpus Christi Business Alliance were aware of the terms of the employment agreements of the three top executives. He added that this information is important because 100% of the CV B's funds come from public monies, and there are some employment contracts which could create a liability to future budgets. Responding to Mr. Colmenero, Mr. Bray said Mr. Kinnison's proposal is just a notification provision. Council Member Cooper seconded Mr. Kinnison's motion. Council Member John Longoria asked Mr. Bray if the CVB is subject to the regulations of the Open Records Act, and Mr. Bray said it is because it consists of public funds. Mrs. Longoria said she did not want to hinder the board or the CVB from doing its job. Mr. Noe said Mr. Kinnison's proposal creates an additional step. He said thc board will view it as the Council wanting to be involved in determining the compensation and other terms of employment of the CVB president. He added that another section of the agreement states that there cannot be contracts that extend beyond a one-year period unless the City Manager approves them in advance. IIe said it is an attempt to limit the city's exposure in the event the Council elects to cancel the agreement at some point. Council Member Gonzales said the Council needs to have faith in the board members it will appoint, adding that he did not support Mr. Kinnison's proposal. Council Member Cooper said she supports the proposal because it is beneficial to the Council to be aware of changes that occur. She said if the Council was required to act on any changes, that might be construed as micro -managing but this is merely a notification provision. Mr. Longoria spoke in favor of Mr. Kinnison's motion, saying that it provides information and removes the element of surprise. Mayor Neal called for comments from the audience Mr. Bill Pruet, Chairman of the CVB Interim Board, said he understands the Council's need to be informed about issues and their accountability for taxpayers' dollars. He said for those reasons, the Mayor and City Manager, or their designees, shall serve as (non-voting) members of the CVB board. He said he thought that Mr. Kinnison's motion implied that the Council was preparing to appoint a board of directors that they do not trust to do the right thing for the city and for the tourism industry. Mr. Pruet said that over thc last decade the CVB has performed better than any other economic segment in the community. He added that the proposal is not necessary and can be counterproductive. Mr. Longoria said if the CVB is not willing to disclose information about its operations to the Council, then they would not be willing to do so to the public. He said everyone knows what the City Manager makes but by not disclosing the CVB president's employment terms, they are creating Minutes Regular Council Meeting February 8, 2000 Page 9 hurdles for the Council and the public and inviting scrutiny by the media. Dr. Gonzales said that unless Mr. Longoria was aware of any corrupt practices at the CVB, he should not make statements like that. Dr. Gonzales questioned why Mr. Kinnison waited until this point to make his proposal, adding that he should have approached the Council members who served on the interim board about it. He also said that the current CEO, a woman, is getting paid less than the previous CEO, a man. Mr. Garrett said that much work was done in preparing the agreement and bylaws, including the provision that the Mayor and City Manager will serve as board members. He said he was opposed to any changes to the proposal, adding that it should be approved as presented. Mr. Kinnison said he strongly resented anyone implying that he or any other Council member has a hidden agenda with regard to the CVB. He said people have said that his proposal is directed at the current CEO; rather, it is about public information. He questioned whether the Council members were aware of the CEO's employment terms and whether they are consistent with the terms established through the Alliance. He added that he is not interested in vetoing any agreements. Mrs. Longoria said she raised Mr. Kinnison's concerns to the interim board. She said it appears that the Council keeps erecting hurdles to the CVB's proposals. Instead, the Council should appoint the permanent board and let them move forward. She said she did not think there would be a lack of communication with the CVB board because there are some Council members who ask questions and the Mayor and City Manager arc represented on the board. Council Member Scott said he thought there was unnecessary concern about Mr. Kinnison's motion, which he supports. City Secretary Chapa polled the Council for their votes on Mr. Kinnison's motion to amend, and it passed by the following vote: Neal, Cooper, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, Garrett, Gonzales, and B. Longoria voting "No." Mr. Chapa then polled the Council for their votes on Item 12 as follows: 12. M2000-037 Motion authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention and Visitor's Bureau (CVB) whereby the CVB will promote convention and visitor activity in the Corpus Christi Bay area for an annual payment based on the level of hotel/motel tax receipts. The term of the agreement is January 1, 2000 through July 31, 2005. The foregoing motion passed, as amended. by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, convention center expansion and rehabilitation. Minutes Regular Council Meeting February 8, 2000 Page 10 The Mayor called for comments from the audience. Mr. Roland Barrera, Co -Chairman of the Hispanic Contractors Association, commended staff for their recommendation of Gilbane Building Company, which he said has a history of working with minority-owned and small businesses. He read a letter from Council Member Gustavo Garcia of Austin, who praised the work Gilbane performed for the City of Austin's convention center. Council Member Scott asked if the consultants would be working with convention planners to seek their input. Mr. Tom Utter, Assistant City Manager for Development Services, introduced Ms. Janet Houston with PKF Consulting and Mr. Freddie Castillo with Gilbane. Ms. Houston said they have done a lot of work with several Texas cities in the expansion and development of their convention centers. She said they work with representatives of the Convention and Visitors Bureaus and with meeting planners about their requirements. City Manager Garcia said they are hoping that the consultants will provide the specific building program for the convention center expansion project. He said they know how much money will be raised from the 2% increase in the hotel/motel tax, which will determine the design and appearance of the expanded and renovated convention center. He said they are also combining the feasibility analysis for the convention center with the multi-purpose arena, which they hope to locate in the same area and which will be part of the bond issue. Mr. Garcia added that even before the project is completed, the CVB can begin marketing the expanded facility to convention planners. Mr. Scott asked what would happen to Memorial Coliseum if a new arena is built. Mr. Garcia replied that part of the justification for a new arena is the inadequacy of the coliseum --it is too small for many events. However, there is a demand for a facility the size of the coliseum but the question is how will the arena and coliseum work as complementary facilities rather than as exclusive facilities. He pointed out that the coliseum will require specific analyses that are not part of this contract. Responding to another question from Mr. Scott, Mr. Utter said there will be a Web site where people can access information about the convention center as the project progresses. In reply to Council Member John Longoria, Mr. Utter said the existing program also provides for the convening of a minority advisory committee. Council Member Gonzales asked about the various stages, and Mr. Utter said they consist of the needs assessment, design phase, and construction phase. He said the needs assessment should be completed by June or July 2000. Dr. Gonzales said he fully supports an arena but he questioned its location. Mr. Garcia replied that staff recommended --and the Council agreed --that the arena be located in the immediate proximity of the convention center. He explained that the 2% increase in the hotel/motel occupancy tax will allow the city to finance approximately $22 million to $24 million, which will not be sufficient to build an optimally sized convention center. However, one of the ways to increase the capacity, attractiveness, and flexibility of the convention center is to build an arena in the immediate vicinity so the two facilities can be jointly marketed and utilized. IIe noted that the contract for the needs assessment is structured to take both facilities into account. During the design phase, the Minutes Regular Council Meeting February 8, 2000 Page 11 architects will consider not only the design of the arena and the convention center, but also the reconfiguration of the streets in that area and parking requirements. Council Member Kinnison asked if the Regional Transportation Authority and the Port of Corpus Christi Authority would also be involved in this process, and Mr. Utter said they would be. He added that the sources of utilization listed in the needs assessment contract summary are not limited to those items. Mr. Kinnison said the analyses need to factor in the enhancements that the convention center and arena can provide to other revenue sources, such as the hotel/motel tax, sales tax, and ad valorem tax. Responding to Council Member Colmenero, Mr. Utter said the facility will have to be built for future growth. He said the increase in the hotel/motel tax is for expansion, renovation, and maintenance of the convention center. Mr. Scott asked about the CVB's role in this process. Mr. Utter replied that the Oversight Committee includes representatives from the CVB, the Downtown Management District, and the Hotel/Motel/Condominium Association. City Secretary Chapa polled the Council for their votes as follows: 13.a. RESOLUTION NO. 023936 Resolution of statement expressing official intent to reimburse costs of certain Convention Center expansion and rehabilitation projects. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 13.b. ORDINANCE NO. 023937 Ordinance appropriating $650,000 from the estimated hotel tax revenue in the No. 1030 Hotel Occupancy Tax Fund for needs assessment and project management services for the Convention Center expansion and renovation project; amending the FY99-00 budget, adopted by Ordinance No. 023702, by increasing estimated hotel occupancy tax revenue from the additional 2% authorized for the Convention Center expansion by $1,419,793 and by increasing appropriations by $650,000 in the No. 1030 Hotel Occupancy Tax Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 13.c. M2000-038 Motion authorizing the City Manager or his designee to execute a contract with PKF Consulting, Inc. in the amount of $175,000 for needs assessment services for the Convention Center expansion and rehabilitation project. Minutes Regular Council Meeting February 8, 2000 Page 12 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 13.d. M2000-039 Motion authorizing the City Manager or his designee to execute a contract with Gilbane Building Company in the amount of $486,000 for project management services for the Convention Center expansion and rehabilitation project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, proposed amendment to the Southside Area Development Plan. He called for comments from the audience. Mr. H.G. Garrett, 4934 Curtis Clark, said he is a member of the Gardendale Committee which worked on this project with staff. He said the one subject that has been neglected through this process with the Planning Commission has been traffic control, which is still an important issue to the neighbors in that arca. Ile said he has talked with Mr. David Seiler, Traffic Engineer, about their concerns, who indicated his support. Mr. Garrett asked the Council to table this item until they get a comprehensive traffic control plan in Gardcndale that the residents can live with. Mr. Michael Gunning, Director of Planning and Development, said the plan is a general guide for development in the Gardendalc area and it includes adopted policies for allowing the city's Traffic Engineering Department to work with the Gardendale residents in identifying the type of traffic management projects that would be appropriate, depending on the specific intersections. He noted that the residential traffic management program has been in place for some time and this plan allows the program to he implemented. Responding to Council Member John Longoria, Mr. Seiler said staff plans to meet with the Gardendale Committee to discuss the results of some traffic counts that have been obtained and about where they feel the traffic calming devices can be placed. Mr. Longoria said aggressive driving and speeding has become an important issue which they arc working to address. Mayor Neal asked staff to bring back a plan for the traffic management program in Gardendale within 60 days. City Secretary Chapa said Council Member Gonzales would abstain from voting on Item 14. Ile then polled the Council for their votes as follows: 14.a. ORDINANCE NO. 023938 Amending the Southside Arca Development Plan, an clement of the City's Comprehensive Minutes Regular Council Meeting February 8, 2000 Page 13 Plan, by amending the policy statements to include new statements B.9, B.10, B.11, C.5, D.12 & D.13 relating to recommended land uses, traffic calming devices, park improvements, and increased code enforcement; and by amending the future land use map. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining. 14.b. M2000-040 Motion to amend ordinance prior to second reading by revising Section 12A-2 Use Regulations by removing restrictions on restaurant alcohol sales. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye-; Gonzales abstaining. 14.e. ORDINANCE NO. 023939 Amending the Zoning Ordinance by adding Article 12A, `B -1A" Neighborhood Business District; by defining Adult Day Care Facility; by amending Article 24, Height, Area & Bulk requirements by adding a row for the `B -1A" District; by amending Article 27, Supplementary Height, Area and Bulk Requirements by adding "B -1A" to the districts eligible for height modifications in Section 27-2.02; and by amending Article 27B; Landscape Requirements by amending Section 27B-7 Street Yards by adding B-1 A to the zones listed in Paragraph B of Section 27B-7.01. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, subdivision drainage improvements. There were no comments from the audience. Council Member Kinnison thanked staff for their efforts on this project. City Secretary Chapa polled the Council for their votes as follows: 15. M2000-041 Motion authorizing the City Manager or his designee to execute a construction contract with Hunt Contractors, Inc. for a total fee not to exceed $492,530 for the Glen Arbor and Crossgate Subdivision drainage improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting February 8, 2000 Page 14 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye.- * * * * * * * * * * * * * Aye." ************* Mayor Neal opened discussion on Item 16, agreement with the Nueces River Authority. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 16. RESOLUTION NO. 023940 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Nueces River Authority to provide regional water planning, protection, and development services for an initial period of February 8 - July 31, 2000, with the option to extend for up to five additional city fiscal years, subject to annual appropriation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting to hold the joint meeting of the Corpus Christi Housing Finance Corporation and the Corpus Christi Community Improvement Corporation. After reconvening the regular meeting, Mayor Neal announced the two executive sessions, pursuant to Texas Government Code Section 551.071 regarding the following: 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; and regarding the following cases against the City of Corpus Christi et al in the United States District Court for the Southern District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John Betz No. C-99-133, Arnulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C-99-144, Charles Bartels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99-168, and Gilbert Garcia No. C-99-170, with possible action thereon in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Council Member Gonzales: N.1. M2000-042 Motion rejecting the class settlement approved by the Court in 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting February 8, 2000 Page 15 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said next week is the Council's presentation and policy meeting and it will focus on the bond issue as well as a discussion of the city's health insurance. The Mayor called for Council concerns and reports. Mr. Longoria reported parking problems on the access road of S.P.I.D. between Everhart and Ayers, particularly on weekends. Mr. Angel Escobar, Director of Engineering Services, said staff has notified the property owners about that issue and enforcement will continue. Mr. Longoria then referred to the performance reports and he suggested that staff provide brief updates to the Council. IIe also asked staffto look into holding a reception for the citizens who volunteer for the city's boards and commissions. Responding to a question from Mr. Longoria, Mr. Garcia said the proposed contract with EMA for consulting services associated with the reengineering of the water and wastewater departments will be brought to the Council on February 22nd. Mr. Longoria also asked that staff look into the possibility of including Cliff Maus Drive in the upcoming bond program. Mr. Kinnison said that with regard to a reception for board and commission members, the League of Women Voters at one time had an annual event like that. He also asked that when the outside auditors review the city's solid waste plan they also look at the implications of the five-year projection. Mr. Scott asked staff to set up a meeting with Coastal's corporate office to discuss the advantages of operating their facilities in Corpus Christi, as well as consider holding similar meetings with other port industries. Ms. Cooper said she and Dr. Gonzales, Mr. Scott and Mr. Garrett held a town hall meeting last night at King High School and one of the issues discussed was flooding around Gollihar. She said they have scheduled another meeting at Meadowbrook Elementary on February 28th, at which time city staff will be available to answer questions about drainage problems in that area. Dr. Gonzales agreed that the meeting was well attended, and he asked staff to research the flooding problems there. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:47 p.m. on February 8, 2000. * * * * * * * * * * * * *