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HomeMy WebLinkAboutMinutes City Council - 04/11/2000I 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 April 11, 2000, which were approved by the City Council on April 18, 2000. WITNESSETH MY HAND AND SEAL, this 18th day of April, 2000. SEAL Armando Chapa City Secretary 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 April 11, 2000 2:20 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 Rev. Edward Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 meeting on March 28, 2000, the special meeting on April 4, 2000, and the bond program public hearing on April 4, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Airport Board Mark Meyer (Reappointed) Ed Hicks (Reappointed) Nelda Martinez (Reappointed) Pipeline Review Panel Jim Simmons (Reappointed) Albert Espinoza (Reappointed) Robert Samaniego (Reappointed) Varuj Keramian Dwayne Phillips Board of Adjustment Thomas McDonald (Reappointed) Robert Huegele (Reappointed) Eloy Salazar (Reappointed) Peter Mahaffey (Reappointed) Louis Alvarado (Reappointed) Charles Schibi (Second Alternate) Transportation Advisory Committee Clif Moss (Reappointed) Orlando Noyola (Reappointed) Robbie Foster Minutes Regular Council Meeting April 11, 2000 Page 2 Landmark Commission Alan Lessoff Ethics Commission Ben Donnell Building Standards Board William M. McGuire Irma Sanjines * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda, an update by the Census 2000 Committee. Council Member Betty Jean Longoria, co-chair of that committee, said that as of April 10th the percentage of people throughout the county who had returned their census forms was 55%. She referred to a map which showed the percentages of responses in different areas throughout the county. Mrs. Longoria also responded to Council members' questions, noting that assistance is available in filling out the census forms. She added that beginning the first week of May, workers will be visiting people who have not mailed in their forms. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Angelica Lopez said she is a senior at Moody High School and active in their government class. She expressed concem about low participation in the city's recycling program, which she compared to a very active program in Burbank, California. Council Member John Longoria suggested that Ms. Lopez's government class get involved in Beautify Corpus Christi. Mr. Jack Gordy, 310 Norton St., referred to an article in yesterday's local newspaper about the furniture at Fire Station No. 4 on Rodd Field Road. He said that by not looking after city employees, the City Council and city staff are working against the proposed bond program. City Manager Garcia said the chairs and sofa at that fire station are the same as at the city's other fire stations. Fire Chief J.J. Adame said the new furniture has been on order for about three weeks and should be delivered soon. Council Member Garrett asked if the firefighters had any input in the type of chairs that were ordered. Chief Adame said all three shifts of firefighters were shown the type of chairs and they were given a choice of the type of materials available. He said the practice of firefighters building their own chairs is not uncommon in the fire service. Ms. Gail Hoffman, 3442 Paradise, said she is executive director of Associated General Contractors. She presented the Council with a list of signatures of their members who support the tax increment financing (TIF) district. Mrs. Pat Suter, 1002 Chamberlain, said the 30th anniversary of the international celebration of Earth Day will be held on April 22nd at Hazel Bazemore Park. She thanked the Park and Minutes Regular Council Meeting April 11, 2000 Page 3 Recreation Department for turning on the fountain at Blucher Park just in time for the Greater Texas Birding Trail competition. She added that a surveillance camera is needed in Hans Suter Park to discourage illegal activity. Mr. Abel Alonzo, 1701 Thames, said he was glad that students from Moody High School were in attendance to witness government at work. He said the disabled community is supportive of the bond program because it includes funds to comply with the Americans with Disabilities Act. He described the rudeness of some people when he is forced to drive his wheelchair into the street. Mr. Terry Allison, owner of Allison Carpets at 4402 SPID, said his employees depend on him to make his company flourish, and he needs help from the Council to do that. He spoke in favor of the development of Packery Channel. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, said he was appointed by the TMRS Board of Trustees to serve on the Advisory Committee for Retirement Matters. He discussed many of the gains that have been made in the last few years through TMRS. Ms. Kay Noyes, 930 Coral, said she is concerned about the city spending money and she is opposed to putting anything on the Kennedy Causeway. She suggested that another access bridge be built to Padre Island. Mr. Phillip Lara, 538 Indiana, thanked the Water/Shore Advisory Committee for approving a proposal which will be coming before the City Council in a few weeks. Mr. Berney Seal, 216 Oleander, said Council Member John Longoria was a guest on his radio program that morning in which they discussed many of the Council's initiatives. He said they received positive feedback from listeners of the program. He also thanked the Council for appointing him to the board of the Convention and Visitors Bureau. Mr. Seal said the city desperately needs the bond program proposals. Mr. J.E. O'Brien, 4130 Pompano, said people in Corpus Christi were told that as of January 1, 1998, the 50 cent fee on telephone bills for 9-1-1 service would be eliminated. He asked about the status of that litigation. He also referred to an article in the Houston Chronicle about Houston Lighting and Power being assessed $30 million in punitive damages because they were underpaying franchise fees to cities. He said Corpus Christi needs to conduct an audit of its franchise fees. Mr. O'Brien also referred to Corpus Christi's Comprehensive Annual Financial Report regarding bank reconciliations. Mr. Garcia stated that staff will provide an update on the city's franchise fees. Mr. Leon Perez, 904 Buford, discussed the necessity of reversing the ramps on IH -37 in order to provide more evacuation routes during a hurricane. Mr. R.F. Hasker, 1813 Wallace, said it has been stated that Colorado River water cannot be stored in Lake Texana; instead, he said it will be dumped directly into Corpus Christi's river system. Minutes Regular Council Meeting April 11, 2000 Page 4 Mayor Neal said the Regional Water Planning Group is a long way from reaching a decision on that issue. Mr. John Trice, 13706 Tajamar St., thanked the Council for their unanimous support of the tax increment financing district which may one day lead to the reopening of Packery Channel. He said that project is one piece in a comprehensive economic development plan. He also thanked Mr. Longoria for his leadership regarding the development of a skate park. Mr. Bill Pruet, 5322 St. Andrews, expressed appreciation to the Council for making courageous decisions despite opposition from some to improve the city's economic situation. He said many upcoming initiatives (including the bond program and the sales tax proposals for the seawall, arena and economic development) are important to the city's future. He noted that one of the leaders of the homeport bond proposals was Mr. Tom Hunt from the Taxpayers Association. Ms. Sandra Dieterich, 633 Caddo, said Council Member Scott attended a meeting of a Neighbors on Watch group in 78412, which has been plagued by graffiti problems being committed specifically by one person. Mr. Scott said there is a problem with prosecuting the individual. Ms. Jody Patel, 14806 Dasmarinas Dr., said she is glad to serve on the Convention and Visitors Bureau board. She said she supports the TIF zone and the development of Packery Channel. Mr. Steve Van Matre, government teacher at Moody High School, said some of his students visited district courts that morning as part of their curriculum in addition to attending the Council meeting. In addition, some of them will be attending the presidential inauguration. He thanked the Council for their participation and for their support of Moody's programs. Mayor Neal expressed the Council's appreciation to Mr. Van Matre and Moody's staff for their efforts. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-17). Council members and a member of the audience requested that Items 4, 8, and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2000-098 Motion approving the purchase of a vacuum truck from the Houston -Galveston Area Council of Governments (HGAC), for a total amount of $185,258.13 based on the cooperative purchasing agreement with HGAC. The vacuum truck will be used by the Wastewater Department and funds are available in the FY99-00 Capital Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting April 11, 2000 Page 5 5. M2000-100 Motion approving a supply agreement with Roadrunner Traffic Supply Inc., Fort Worth, Texas, for approximately 13,000 gallons of pavement marking paint in accordance with Bid Invitation No. BI -0067-00 based on low bid for an estimated annual expenditure of $56,050. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services 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." 6. M2000-101 Motion approving a supply agreement with Van Waters & Rogers for calcium hypochlorite chemicals in accordance with Bid Invitation No. BI -0073-00. The award is based on total low bid for an estimated annual expenditure of $24,627.25. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds are available from Warehouse Inventory 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." 7. M2000-102 Motion approving supply agreements with the following companies in accordance with Bid Invitation No. BI -0082-00 for swimming pool chemicals including sodium hypochlorite, muriatic acid, cyanuric acid and bicarbonate of soda. The awards are based on low bid for an estimated annual expenditure of $48,790. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds are budgeted in FY99-00 by Park and Recreation Department. Mid -Co Water Bay City. Texas Bid Items 1 and 3 Total: $34,800 Valley Solvent COrpus Christi. Texas Bid Items 2 and 4 Total: $13,990 Grand Total: $48,790 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting April 11, 2000 Page 6 9. M2000-104 Motion authorizing the City Manager or his designee to execute Change Order No. 6 in the amount of $65,000 to the Greenwood trunk main rehabilitation contract with Jalco, Inc. to rehabilitate sanitary sewer manholes on Nile Drive. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. M2000-105 Motion authorizing the acquisition of Parcel Nos. 4 and 4B located on the west side of Kostoryz Road between Whitebird Lane and Holly Road for $57,266 in connection with the Kostoryz Road improvements - Holly Road to Saratoga Boulevard project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M2000-106 Motion authorizing the acquisition of Parcel No. 21 located west of McKinzie Road between State Highway 9 and State Highway 44 for $16,535 in connection with the Southside transmission main - Stevens Plant to Clarkwood Road project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.a. M2000-107 Motion authorizing the City Manager or his designee to accept a grant in the amount of $49,686 and execute a contract with the Corporation for National Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. ORDINANCE NO. 023998 Ordinance appropriating a $49,686 grant from the Corporation for National Service in the No. 1050 State and Federal Grants Fund for the continuation of the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Minutes Regular Council Meeting April 11, 2000 Page 7 Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.a. M2000-108 Motion authorizing the City Manager or his designee to execute Attachment No. 05A to Contract No. 7460005741-2000 with the Texas Department of Health in the amount of $310,669 and providing for the Bureau of Clinical and Nutrition Services to fund group nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period October 1, 1999 through September 30, 2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. ORDINANCE NO. 023999 Ordinance appropriating a grant from the Texas Department of Health in the amount of $310,669 in the No. 1050 Federal/State Grants Fund to fund nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.a. RESOLUTION NO. 024000 Resolution authorizing the City Manager or his designee to execute an interlocal grant contract with the Texas Historical Commission for development of a web site for local historic sites. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.b. ORDINANCE NO. 024001 Ordinance appropriating $7,000 from a grant from the Texas Historical Commission in the No. 1050 Federal/State Grants Fund, for development of a web site for local historic sites. 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." Minutes Regular Council Meeting April 11, 2000 Page 8 16.a. ORDINANCE NO. 024007 Ordinance appropriating $45,360 from ClearSource Inc. in the No. 1020 General Fund for municipal production facilities pursuant to ClearSource Inc. franchise agreement; amending the FY99-00 budget, adopted by Ordinance No. 023702, to increase appropriations in the No. 1020 General Fund. 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.b. M2000-109 Motion approving the purchase of audio/video for the media technician room in the Council Chambers and relocation expenses of the media technician room from The Intellisys Group (formerly Pro Line Video), San Antonio, Texas in accordance with the State Cooperative Purchasing Agreement for the amount of $45,360. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. ORDINANCE NO. 024008 Ordinance vacating and abandoning a 45,948.94 -square foot portion of a 7.5 -foot wide utility easement out of Lot 1, Block 28, and Lot 1, Block 39, King's Crossing; requiring owner, King's Crossing Realty Ltd., to comply with the specified conditions and replatting 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, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, purchase of a minivan. Mr. Jack Gordy questioned why the minivan will be funded through the city's lease/purchase financing agreement for a 60 -month period. He also discussed the cost of buying the van locally. Mr. Garcia replied that the van will be used by the Local Emergency Planning Committee (LEPC). He said the minivan will not be coming from Houston; rather, the city is part of a cooperative purchasing agreement which is coordinated on a statewide basis through the Houston -Galveston Area Council of Governments. He said it will be lease/purchased in order to amortize the cost of the equipment over time and to reduce the amount of money that it costs to acquire it. He noted that the full cost Minutes Regular Council Meeting April 11, 2000 Page 9 of the minivan will be paid by the LEPC through a sub -lease agreement. Chief Adame added that the LEPC is part of an interlocal agreement between the city, Port of Corpus Christi and Nueces County and it is fully funded by industry. City Secretary Chapa polled the Council for their votes: 4. M2000-099 Motion approving the purchase of a mini -van from the Houston -Galveston Area Council of Governments (HGAC), for the total amount of $19,259.30 based on the cooperative purchasing agreement with HGAC. The mini -van will be used by the Fire Department and will be financed through the City's lease/purchase financing agreement through Koch Financial Corporation. The mini -van is an addition to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, aquarium waterfront stabilization and repairs. Council Member Kinnison said that according to the city's Comprehensive Annual Financial Report, the Aquarium Bond Fund was established for recording land acquisition. He said there are also undesignated funds and he wondered whether the city was legally bound to keep the monies in that fund. City Manager Garcia said Mr. Kinnison's questions were detailed and he suggested delaying this item until they can provide a report. He added that the funds have been certified by the Finance Department as being available and ready to spend. Mr. Kinnison said he thought they could proceed with this item but he asked staff to provide the information he requested. City Secretary Chapa polled the Council for their votes as follows: 8. M2000-103 Motion authorizing the City Manager or his designee to execute a construction contract with Bracco Construction Company in the amount of $290,022 for the Texas State Aquarium Waterfront stabilization/repairs 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 15, services associated with the city's summer recreation programs. Council Member John Longoria commented on the importance and breadth of these programs. Mr. Garcia said staff can provide a comprehensive presentation on the programs at a future meeting. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 11, 2000 Page 10 15.a. ORDINANCE NO. 024002 Ordinance appropriating $479,438 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria voting "Aye"; Cooper and Scott absent. 15.b. RESOLUTION NO. 024003 Resolution authorizing the City Manager or his designee to execute an interlocal governmental agreement with Corpus Christi Independent School District to provide summer food services for summer recreation programs. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria voting "Aye"; Cooper and Scott absent. 15.c. RESOLUTION NO. 024004 Resolution authorizing the City Manager or his designee to execute an interlocal governmental agreement with Corpus Christi Independent School District to provide transportation services for summer recreation programs for a fixed rate of $2.25 per mile. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria voting "Aye"; Cooper and Scott absent. 15.d. ORDINANCE NO. 024005 Ordinance appropriating $12,200 in the No. 1020 General Fund from Corpus Christi Independent School District on behalf of Cunningham Middle School to the City as subrecipient of a Communities and Kids Experience Success (CAKES) grant to provide a teen recreation program at Cunningham Middle School. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria voting "Aye"; Cooper and Scott absent. 15.e. RESOLUTION NO. 024006 Resolution authorizing the City Manager or his designee to execute an interlocal governmental agreement at Cunningham Middle School to provide teen recreation programs. Minutes Regular Council Meeting April 11, 2000 Page 11 The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria voting "Aye"; Cooper and Scott absent. * * * * * * * * * * * * * Mayor Neal referred to Item 18, and a motion was made, seconded and passed to reopen the public hearing on the following zoning case: 18. Case No. 0200-07, Melhem Ibrahim: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Osage Addition, Block 2, Lot 8, located on the west side of Everhart Road, between Burney and Janssen Drives. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District. He noted that this case had been postponed from the March 28th Council meeting. Mr. Michael Gunning, Director of Planning and Development, gave a computer presentation on this case. He said the applicant was requesting this zoning change in order to eliminate the restriction on the percent of alcohol sales that the establishment is allowed under state law. That law states that if an establishment's sale of alcohol exceeds 75% of the gross sales, it is classified as a bar. He said the facility is currently operated as a restaurant/bar known as Ropers. Mr Gunning noted that in 1984 the "B-1" District was amended to exclude bars, lounges, and taverns as a permitted use to make the district more compatible to adjacent residential uses. Mr. Gunning then described the neighboring properties and he said staff was concerned that if `B-4" was approved for this block, there could be a domino effect which could result in other "B-4" uses, such as auto -related uses and unlimited signage. Mayor Neal called for comments from the public. Mr. Frank Lazarte, representing the applicant, Mr. Ibrahim, said they were not looking to change the business or increase signage. He said the previous ordinance contained language that said an establishment was in compliance if its kitchen was open during all operating hours. He said in 1996 that language was deleted and replaced with the language regarding the 75% provision. He said Ropers has the kitchen open during operating hours but they cannot meet the 75% requirement due to competition from other restaurants in the area. He said they would welcome a special permit to specify that the signage and square footage would remain the same. In response to Council Member Betty Jean Longoria, Mr. Tom Utter, Assistant City Manager for Development Services, said that if granted the "B-4" zoning would allow a bar in that location. City Attorney Bray stated that if the Council granted a special permit to one business as Mr. Lazarte was requesting, the city would end up discriminating against any other business the city denied a special permit to --he said they needed to uniformly enforce the 75% requirement. Responding to Council Member Cooper, Mr. Bray said that at one time the subject property had a nonconforming use to continue operation but that use lapsed because they were out of business Minutes Regular Council Meeting April 11, 2000 Page 12 for more than one year; now the business falls fully under the ordinance. Mr. Bray added that contractual zoning is prohibited. Ms. Kay Noyes said she lives within walking distance of the subject property and she is in favor of keeping the business as a restaurant but not a bar. Mr. Melhem Ibrahim said the business has been family -operated since 1978. He said that in 1981 they began giving food to customers for free so they would not go out into the streets intoxicated. He reiterated that they do not intend to change their business and they have invested much money into it over the years. He also discussed the increased competition from "chain" restaurants. Mr. Jerry Hunsaker said he owns Everhart Plaza (a professional building) near the subject property. He said `B-4" was inappropriate for that area because a convenience store could be located on that lot. He said Ropers has become very popular, which has resulted in overflow parking on several adjacent lots. He said he and the other property owners want Mr. Ibrahim to be successful but problems have arisen from that business. Ms. Beverly Agomuo, 4654 Mildred, said she lives west of the subject property and she owns vacant property to the south. She questioned how the neighbors' property value would be affected if the "B-4" zoning was granted. She said it is very difficult for a neighborhood and a bar to be compatible. Mr. Gunning replied that if the "B-4" was granted, the other property owners on that block could come in and seek the same zoning. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott then made a motion to concur with the Planning Commission's recommendation to deny the `B-4" District; seconded by Ms. Cooper. City Secretary Chapa polled the Council and the 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 19, and a motion was made, seconded and passed to open the public hearing on a right-of-way (ROW) issue. Mr. Angel Escobar, Director of Engineering Services, explained that on December 14, 1999, the Council approved ordinances vacating and abandoning portions of Oso, Palo Alto and Fitzgerald street ROW. He said staff was requesting that those ordinances be repealed so that those ROW portions can be vacated and abandoned in one ordinance along with the ROW portion of Zorra Street. Mr. Utter said those streets were the location of an old concrete plant. He further explained that the city will be compensated for the total fair market value fee by Mr. Dusty Durrill's donation of three vacant properties which have a combined square footage of 18,373 square feet located approximately equal distance between Blucher Park and South Bluff Park. He said environmental Minutes Regular Council Meeting April 11, 2000 Page 13 groups have said they will plant native vegetation on the vacant properties, which can then serve as a continuous flyway between the two parks, which are active birding sites. No one appeared in opposition to Item 19. Mr. Colmenero made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes: 19.a. ORDINANCE NO. 024009 Ordinance vacating and abandoning 92,285 square feet of unimproved street right-of-way, comprised of portions of Oso, Palo Alto, Fitzgerald and Zorra Streets right-of-way north of west Broadway and railroad right-of-way; repealing Ordinance Nos. 023870, 023871, and 023872 passed 12/14/99; requiring owner, William R. Durrill, 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. 19.b. M2000-110 Motion authorizing acceptance of Lot 1, a portion of Lots 2 and 3, Block 10, South Bluff Addition as fair market value for the closing of portions of Oso Street, Palo Alto Street, Fitzgerald Street and Zorra Street. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Industrial Development Corporation. The Mayor then called for a short recess. * * * * * * * * * * * * * Upon reconvening, Mayor Neal opened discussion on Item 21, Airborne Freight Corporation project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 024010 Resolution approving issuance of bonds by Corpus Christi Industrial Development Corporation for the Airborne Freight Corporation project at the Corpus Christi International Airport. Minutes Regular Council Meeting April 11, 2000 Page 14 The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. ************* Mayor Neal opened discussion on Item 22, reservoir operating plan. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 024011 Ordinance amending the FY99-00 CIP Budget adopted by Ordinance No. 023703 by adding the reservoir operating plan update/flood release model as a project to the water program and the effluent re -use study as a project to the wastewater 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." 22.b. M2000-111 Motion authorizing the City Manager or his designee to execute an engineering services contract with HDR Engineering Inc. in the amount of $516,340 for update of the reservoir operating plan flood release model and the effluent re -use study. 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 23, wireless telephone services. There were no comments from the audience. Responding to Council Member John Longoria, Mr. Ogilvie Gericke, MIS Director, gave a brief computer presentation to explain this item. He said that currently the city has approximately 450 wireless telephones with an annual cost of $180,000. Staff went out for bids and received proposals from SOL Communications, Southwestern Bell, Sprint PCS, and U.S. Cellular. Those bids were evaluated using the following criteria: airtime cost - 40%; conversion cost - 15%; coverage - 25%; disaster recovery - 15%; and technical support - 5%. Mr. Gericke said that Southwestern Bell received the highest number of points and also submitted the lowest bid at $142,150. Mr. Gericke said that Southwestern Bell is proposing to use both a Nokia 5120 (digital) and the 918 (analog) phones. He said there will be no cost to convert the city's current analog phones to the new system and SWB will provide new digital phones at no cost to the city; however, there will Minutes Regular Council Meeting April 11, 2000 Page 15 be a small charge for bag phones and installation. He added that there is no monthly service charge and he described the monthly usage fees. Mr. Gericke said the phones will offer many more features, such as call forwarding, voice mail, call waiting, three-way calling, and incoming/outgoing call restriction. He said there is an optional upgrade to the paging capability at an extra cost in the digital coverage area only of Nueces County. Mr. Colmenero asked why the city wanted to retain some analog services. Mr. Garcia said the city has a wide variety of cellular phone usage, from analog phones in vehicles to very mobile digital phones. Mr. Kinnison asked about the home area, which Mr. Gericke described using a map. City Secretary Chapa polled the Council for their votes as follows: 23. M2000-112 Motion authorizing the City Manager or his designee to execute an agreement with Southwestern Bell Wireless for wireless telephone services and equipment. The one-year agreement will total approximately $142,150. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the executive session, pursuant to Texas Government Code Section 551.071, regarding legal advice on actions by the City affecting disposal and revenues at the new and existing landfills. He said the other two executive sessions listed on the agenda had been withdrawn. WITHDRAWN Southern District of Texas, Corpus Christi Division: William Bu33cy No. C 99-171, John Betz No. C 99 133, Arnulfo Guerrero, Jr. No. C-99 143, Mark Schaucr No. C 99 144, Charles Bartels N . C 99 158, William Livingston No. C 99 159, Duanc Pachcco No. C 99 the seawall o.. Padre-IslaLd. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the next bond program public hearing will be held April 12th at 6 p.m. at the Northwest Senior Center, and next Tuesday the Council is scheduled to have a joint meeting at noon that was requested by the Planning Minutes Regular Council Meeting April 11, 2000 Page 16 Commission. He also announced that the city has taken its full authorization of water from Lake Texana since accepting the Mary Rhodes Pipeline in December 1999. The Mayor said the issues of the road conditions and speed limit on FM 2444 were brought before the Metropolitan Planning Organization (MPO) during their recent meeting by Mr. Kinnison and several concerned citizens. Mr. Kinnison said their concerns were well received and he noted that Mr. Billy Parks, District Engineer for the Texas Department of Transportation, said TXDOT was working diligently with the MPO on the issue. Mr. Kinnison said there has also been increased traffic enforcement on FM 2444. Mr. Garcia said staff will provide additional information. The Mayor also referred to the Community Development Block Grant (CDBG) quarterly status report provided by staff. He suggested that the format of the report be modified similar to the reports about the 1986 bond projects. The Mayor then called for Council concerns and reports. Dr. Gonzales requested that an additional public hearing on the 2000 bond program be held at Moody High School. City Secretary Chapa said he spoke with Mr. Van Matre from Moody and possible dates are May 10th, May 1 lth, and May 31st. He said it appears that May 10th may be the most feasible date. Dr. Gonzales referred to an article in the local newspaper about concerns raised by the General Services Administration (GSA) regarding the "Orion's Belt" sculpture, which is scheduled to be situated on Shoreline Boulevard adjacent to the new federal courthouse. He said GSA was concerned about the safety of that sculpture during high winds or hurricanes. Mr. Utter said the contract required that a structural engineer sign off on the sculpture, and GSA also offered to sign off on it. Mr. Garcia said staff packaged up all the presentations they made to the Council, along with all of the designs and engineering studies and answered GSA's questions in the same way they were answered to the Council. He noted that the contract with the artist will be on the Council agenda on April 25th. A discussion ensued about safety issues, aesthetics, and the sculpture's location. Mr. Colmenero said the Council had made five appointments that day to the Pipeline Review Panel, which he said needs to become more active. Mr. Scott thanked staff for installing additional landscaping in the median on Padre Island. He and Mr. Garrett also asked about the status of the water storage tank for the island. Mr. Escobar said city staff will install the large pumps and the tank will be available in late May or early June, which will result in better water pressure. Mr. Scott also asked about the legality of putting debris in front of a person's house. Mr. Garcia said it is not illegal but on May 9th staff will be presenting the second part of the proposed changes to the solid waste ordinance, which addresses that issue. Mr. Garrett said the Council had received a letter from Apollo Towing regarding towing fees. Mr. Garcia replied that the Police Department conducted a comprehensive analysis of towing fees in different Texas cities and based on that information, they are recommending that no changes be made in the city's current rate structure. However, there have been changes in fuel prices and taxi Minutes Regular Council Meeting April 11, 2000 Page 17 and towing companies have petitioned the city to make substantial rate increases. He said fuel prices should be stabilized by this summer and he suggested that they wait for that to occur before they make any long-term adjustments in rate prices. Mrs. Longoria said a member of the public had raised the issue of the skate park during the Council meeting. She asked about the status of that project and when the Council would discuss it. Mr. Garcia replied that the skate park, which Mr. Longoria has promoted, has received a lot of publicity. He said it is not in the city's capital improvement program (CIP) but staff has committed to several groups that they will investigate it. Mr. Dan Whitworth, Assistant Director of Park and Recreation, said that Mr. Carlos Mendez, landscape architect, has researched the skate park issue by looking at the city's park system to identify some possible suitable sites. He added that the Park and Recreation Advisory Board voted to support the concept of a skate park but a location has not been specified. Mr. Garcia said if they are going to proceed with a skate park, it needs to go into the city's CIP process. He said further study would be needed. Mr. Longoria said it is not the intent of the Skate Park Association to ask the city to build anything. He said they know the city is strapped for money and all along they wanted to develop a public-private partnership. He said they had a public meeting which was attended by about 100 people in which many questions were raised. Mr. Longoria said the plan they laid out would be to ask the city whether it could help the group design a park and whether an appropriate location could be provided. He discussed the importance of the skate park's design. Mr. Longoria then made a motion to ask the City Manager to develop a request for proposals (RFP) to see what the cost would be to design a skate park; seconded by Mr. Kinnison. Responding to Mrs. Longoria, Mr. Longoria said the skate park would be built by construction companies and it would be a gift to the city. Mr. Bray added that there would be potential liability similar to the city's other parks. In reply to Dr. Gonzales, Mr. Garcia said the Engineering Department staff would put a package together and bid it as a professional services contract. Dr. Gonzales said he was concerned that the skate park project was circumventing the process. He said he thought this project was needed but he noted that in the upcoming bond issue, renovations to existing parks was cut by $3 million from the first bond proposal. Dr. Gonzales questioned where the city will get $7,000 (the estimated amount to design the park). Following additional discussion among the Council members, City Secretary Chapa polled the Council for their votes on Mr. Longoria's motion, and it failed to pass by the following vote: Neal, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, Cooper, Garrett, Gonzales, and B. Longoria voting "No." Mr. Colmenero requested information about the effect of increased fuel prices on the city's fleet. Responding to Mr. Scott, Mayor Neal said that Flour Bluff High School's Navy Junior ROTC Minutes Regular Council Meeting April 11, 2000 Page 18 has been invited to an upcoming Council meeting so they can be honored for winning their fourth national championship. Dr. Gonzales said 72 young people will be recognized for their upcoming trip to Dallas to compete in Odyssey of the Mind. Mayor Neal said he did not want to end the Council meeting with the public perception that the skate park project was dead. Mr. Garrett also said he did not want to send a message to the community that the Council does not support the skate park. Mr. Scott asked the Council members who voted against the motion what they think the next step should be regarding the park. Dr. Gonzales said that after the Council votes against an issue, it is over. He said Mr. Longoria and supporters of the skate park should go through the process to develop it. Mr. Longoria appealed to Mr. Garrett and Ms. Cooper to support the skate park. He said it is important for the city to act in its official capacity to coordinate the RFP process. Ms. Cooper said she would be much more comfortable voting for the design of the park if there was a firm commitment on behalf of a certain number of companies or individuals that if the design is feasible they will pay for it. She said she does not want to give the perception that the city will fund the skate park. Mr. Longoria agreed that there are many questions that are unanswered and he said they are merely asking what it could cost to design a park. Mayor Neal asked the City Manager and staff to bring back an RFP to the Council for design only of a skate park. He asked if there were any objections from the Council, and there were none. The Mayor went on to say that when the city annexed the land around J.P. Luby Park, it assumed some responsibilities for beach patrol and beach security. He said he has been approached with a question about the parking fees that are paid to the county that are going to beaches that are now in the city's control. He asked if the city should require a permit for the costs associated with events such as a sand sculpture contest. He noted that the city has a new policy in which overtime costs are paid by organizations when they hold festivals on city property. Following a discussion, Mr. Garcia said staff will provide a response to the Mayor's question. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:23 p.m. on April 11, 2000. * * * * * * * * * * * * *