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HomeMy WebLinkAboutMinutes City Council - 12/12/2000I 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 December 12, 2000, which were approved by the City Council on December 19, 2000. WITNESSETH MY HAND AND SEAL, this 19th day of December, 2000. • ,/ ' Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 12, 2000 12:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean 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 Mr. George Pledger, Weber Road Church of Christ, following which the Pledge of Allegiance to the United States flag was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of November 21, 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: Arts and Cultural Commission Ricardo Sanchez Sheila Rogers Elizabeth Reese Joan Moss Ted Daniel Leticia Mondragon Linda Avila Tom Schmid Colin Sykes Chuck Anastos * * * * * * * * * * * Library Board Margaret Moss Sue Stanford Yvonne Kylstra ** Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding "A Feast of Sharing" 12' Annual Holiday Dinner, which will be hosted by H -E -B and the City of Corpus Christi on December 24th. Several members of the planning committee briefly addressed the Council about various aspects of the event, including Diana Garza, Assistant to the Mayor; Yvette Sanchez, H -E -B; Gilna Nance, Volunteer Center; Vangie Chapa, RTA; Dee Haven Minutes - Regular Council Meeting December 12, 2000 Page 2 (food chairman); and Elsa Munoz, Senior Community Services, who pointed out that home -delivered meals will also be available. *********** * * The second presentation was regarding the Northwest Area Development Plan (NWADP). Mr. Michael Gunning, Director of Planning and Development, explained that the plan was adopted by the Council in 1988. He said due to increased growth in the northwest, particularly along FM 624, there is a need to amend the NWADP. Mr. Robert Payne, Senior Planner, gave a computer presentation about the proposed changes to the plan. He explained that the general plan boundaries are Nueces River on the north, Rand Morgan Road on the east, State Highway 44 and the Robstown city limits on the south, and the city's extraterritorial jurisdiction on the west. Several of the landmarks in that area are Calallen High School, Tuloso-Midway High School, IH -37, the Five Points area, and FM 624. Mr. Payne said that on October 25, 2000 the Planning Commission held a public hearing and they recommended to the Council that the amendments be adopted. He said staff has had three meetings with the Northwest Planning Group and one meeting with the Northwest Business Association. Mr. Payne said the city prepares plans as a guide for future zoning, street improvements, and the capital improvement program. He said that of the total study area (103 square miles with 17 square miles in the city limits), 89% of the land is vacant, despite a 3% per year population growth in the northwest. He referred to maps illustrating the existing land uses, particularly at Five Points and along Northwest Boulevard (FM 624). Mr. Payne said some of the issues to be addressed by the NWADP include traffic congestion on FM 624, location of the water shed in this area, and encroachment of heavy industrial uses. With regard to traffic, he pointed out that from 1995 through 2000, traffic volume increases per year were the highest in the city, averaging 12% per year during that period. The existing traffic capacity is 30,000 trips per day and the traffic volume is approaching that capacity. Regarding the watershed, he said that stormwater in this area flows into the Nueces River and is treated by the region's water treatment plant. Continued urbanization in the watershed will increase stormwater runoff pollution and make water treatment more difficult and expensive. In addition, expansion of heavy industrial uses in the Tuloso-Midway area may encroach on future residential areas. Using maps, Mr. Payne then reviewed the highlights of the draft plan regarding future land use in the flood plain, at Tuloso-Midway and at Five Points, and the future transportation network. He said the plan recommends making County Road 52 an arterial street with an ultimate 100 -foot minimum right-of-way, four travel lanes and a landscaped median. He said that road will provide a relief route for through traffic to avoid congestion on Northwest Boulevard (FM 624). A brief discussion ensued. Mr. Payne also discussed the South Loop study. He said last year the Metropolitan Planning Organization (MPO) asked city staff to participate in a study with Nueces County and the Texas Minutes - Regular Council Meeting December 12, 2000 Page 3 Department of Transportation on methods to relieve congestion on South Padre Island Drive, which was later presented to the Council and adopted by the MPO. Mr. Payne said the South Loop system was incorporated into the NWADP, with connections at Carbon Plant Road and the future Joe Fulton International Trade Corridor. He further described the future South Loop, noting that it would provide an alternate route out of the city during an evacuation. Mr. Gunning said staff was asking that a public hearing on the NWADP and the first reading of the ordinance be held during the December 19, 2000 Council meeting. He said they would also ask interested parties to provide their comments. There was consensus of the Council to proceed. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 8-27). City Secretary Chapa said that Item 20 was withdrawn. Council members and an audience member requested that Items 9, 12, and 15 be withheld for discussion. Mr. Chapa polled the Council for their votes: 8. M2000-428 Motion approving the purchase of two telescopic excavators (gradall) from the Houston - Galveston Area Council of Governments (HGAC), for the total amount of $409,183.02. The award is based on the Cooperative Purchasing Agreement with HGAC. These excavators will be used by the Stormwater Department. Funds are available in the FY00-01 Capital Budget. These items are replacements 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." 10. M2000-430 Motion approving the purchase of false alarm monitoring system software from NDB Systems Solutions, Mesa, Arizona in accordance with Request for Proposal No. BI -0002-01 for a total of $41,250. The software will be used by the Police Department. Funds are available from the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M2000-431 Motion approving a supply agreement for emulsion oil in accordance with Bid Invitation No. BI -0020-01 with Koch Materials, Corpus Christi, Texas, based on only bid, for an estimated six month expenditure of $20,976. The term of the contract will be for six months with option to extend for up to four additional six month periods, subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services for Minutes - Regular Council Meeting December 12, 2000 Page 4 maintenance of City streets. Funds have been budgeted by Street Services for FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13. M2000-433 Motion approving a supply agreement with Ridgeway's, Corpus Christi, Texas for blueprinting service in accordance with Bid Invitation No. BI -0154-00, based on low bid for an estimated annual expenditure of $44,607.97. The term of the 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 the using departments in FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14. ORDINANCE NO. 024296 Ordinance appropriating $43,140,000 from refunding of commercial paper notes in the Commercial Paper Program to fund various eligible water, wastewater, and stormwater projects on the FY97-98, FY98-99, FY99-00, FY00-01 Capital Improvements Projects lists. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16. M2000-436 Motion authorizing the City Manager or his designee to execute a construction contract with Eagle Contracting for a total fee not to exceed $4,634,000 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 1 Filter Media Replacement. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. M2000-437 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with B.E. Beecroft Company, Inc. for a total fee not to exceed $26,395 for the Discovery Hall Addition to the Corpus Christi Museum of Science and History. 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 December 12, 2000 Page 5 18. M2000-438 Motion approving the allocation of $114,000 from the Hotel Occupancy Tax Fund to a total of 17 arts and cultural organizations; allocating $7,500 from the Hotel Occupancy Tax Fund for the Copini Restoration project (SOS Matching Grant), and allocating $5,000 from the Hotel Occupancy Tax Fund to be used for projects developed by the Arts and Cultural Commission as per the Community Cultural Plan for a total of $126,500 for FY00-01. Funding is authorized in the FY00-01 Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 19. RESOLUTION NO. 024297 Resolution authorizing the City Manager or his designee to submit a grant application of $163,100 to the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY2000 Juvenile Accountability Incentive Block Grants Program to fund a program to reduce juvenile crime and establish interagency information sharing programs. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 20. WITHDRAWN Vielet-W . Supply Co.po.'z li.,.c 21. RESOLUTION NO. 024298 Resolution authorizing the City Manager or his designee to sell one 15 KVA S&C Switchgear, one 75 KVA Transformer, and approximately 3,280 feet of cable ("Equipment") to Central Power and Light (CP&L) in consideration for payment of one dollar and the assumption of all operation, maintenance, and repair expenses related thereto. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 22. RESOLUTION NO. 024299 Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Federal Aviation Administration Airport Improvement Project/Grant Agreement Number 3- 48-0051-31-00, amending the scope of work of the Terminal Apron Improvements Project, defined as "Construct Terminal Apron -Phase 1: Airfield Lighting Controls -Design Only," by deleting the language "Design Only." Minutes - Regular Council Meeting December 12, 2000 Page 6 The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 23. ORDINANCE NO. 024300 Ordinance authorizing the City Manager or his designee to execute a month to month lease, not to exceed eleven months with Kapalua Southwest, on the northwest corner of the Lawrence Street T -Head, for the purpose of operating a marine service station providing fuel for boats and cars and approving a rental rate of 1 and 1/2 percent of gross sales, or a monthly minimum of $200, whichever is greater. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 24. ORDINANCE NO. 024301 Authorizing the City Manager or his designee to execute a Use Privilege Agreement with a term of eighteen months and holding over month to month thereafter terminating on the date of final completion of the new terminal facility, with Sky Sites, Inc. to operate an advertising services business at various locations in the Corpus Christi International Airport in consideration of 48% of gross profits or $90,000 for eighteen months, whichever is greater, and 48% of gross profits or $5,000 a month during the holdover period, whichever is greater. 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." 25. ORDINANCE NO. 024302 Authorizing the City Manager or his designee to execute a non-exclusive lease with San Antonio MTA, L.P. a Delaware Limited Partnership, dba Verizon Wireless, by its sole general partner, Primeco Personal Communications, L.P., a Delaware Limited Partnership, for the installation of several low profile antennas at the airport to improve telecommunication signal strength within the airport terminal building, in consideration of payment of $150 a month, commencing on the effective date of final approval by City Council and terminating on the earlier of the date of substantial completion of the new terminal facility located at the airport or the eighteen month anniversary of the effective date. 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." 26. ORDINANCE NO. 024303 Authorizing the City Manager or his designee to execute a twenty five year lease with Texas A&M University -Corpus Christi (TAMU-CC) of a 71,351.28 square foot tract of land Minutes - Regular Council Meeting December 12, 2000 Page 7 constituting City owned right-of-way fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar. 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." 27. ORDINANCE NO. 024304 Authorizing the City Manager or his designee to execute a five-year lease with Jesus J. Mondragon dba J&G Concessions for concession operations at the Greenwood Softball Complex located near the Intersection of Greenwood Drive and Gollihar Road, in consideration for a variable rental rate of $100 to $350 per month which is determined in relation to the number of athletic teams registered to play two or more weeks per month. 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 9, consolidated emergency dispatch center. Responding to Council Member Garrett, City Manager Garcia stated that improvements are ongoing at the Police Department and issues related to personnel have been worked out with county officials. He said he was told the Metrocom will be operational soon after the first of the year. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 024295 Ordinance appropriating $31,000 from the Interlocal Cooperation Agreement with Nueces County for a Consolidated Emergency Dispatch Center in the General Fund No. 1020; amending FY00-01 Budget adopted by Ordinance No. 024130, to increase appropriations by $31,000 in the No. 1020 fund for purchase of equipment for the Emergency Dispatch Center. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.b. M2000-429 Motion approving the purchase and installation of two dispatch consoles from Daily and Wells Communications Inc , Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0070-01, based on only bid, for the total amount of $34,600. The dispatch consoles will be used by the Police Department. Funds are available through the Interlocal Agreement between the City and the County to expand the 911 Communications Center and the Police Department's Operational Budget. Minutes - Regular Council Meeting December 12, 2000 Page 8 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, security services. Mr. Carlos Cortez, representing U.S. Security Associates, discussed his company's performance over the last three years. He said he realized the city was looking at the cost of this service, but he said a cost cannot be placed on the individuals who come into the facilities they serve. Mr. Mike Barrera, Procurement Manager, said this service has to be competitively bid. He agreed that U.S. Security Associates has served the city well for three years but the city is obligated to go with low bid or low bid meeting specifications. Responding to Council Member Colmenero, Mr. Barrera explained that the apparent low bidder (Initial Security) took exception to specifications regarding liability for negligence, malpractice, or theft. Council Member Gonzales questioned the salaries that Burns International will be paying its employees. Mr. Barrera said he thought Burns indicated they paid their employees $5.50 per hour and he was not sure what the current contractor is paying. He added that employees' salaries is not a part of the city's specifications, but staff did check Bums' references and their clients include Padre Staples Mall and Oxychem. Mr. Garcia said staff can provide the Council with a copy of the bid proposal. He said the city's practice is to try to get the best quality service at the lowest cost. Mr. Barrera added that the specifications do state that the guards have to have five years of experience (three years with the company) and they have to go through a drug screening and a credit check. Mr. Colmenero said he thinks other elements need to be considered, such as the value of the services provided. Responding to Council Member John Longoria, Mr. Barrera further described the low bidder's exception to the specifications. Mr. Longoria pointed out that a few years ago an employee of another security company was involved in a theft at City Hall, which is why those specifications are so important. He asked if the security company is required to carry workman's compensation, and Mr. Barrera said it is. Council Member Kinnison said that three years ago the city went out for bids on security services and U.S. Security Associates was awarded the contract. City Secretary Chapa polled the Council for their votes as follows: 12. M2000-432 Motion approving a supply agreement with Burns International Security Services, Corpus Christi, Texas, for Uniformed Guard Security Services for City Hall, Central Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI -0033-01 based on low bid meeting specifications for an estimated annual expenditure of $208,542.62. The term of the contract is for twelve months with options to extend for up to two additional Minutes - Regular Council Meeting December 12, 2000 Page 9 twelve month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY00-01. 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, southside water transmission main. Responding to Council Member Scott, Mr. Angel Escobar, Director of Engineering Services, said this phase of the project involves 8.25 miles from the O.N. Stevens Water Plant to Clarkwood and Hwy. 44. Mr. Scott requested a presentation regarding the other phases, including the phases affecting Padre Island. Mr. Ed Garana said the Padre Island pump station is on line, although there is a little more work to do. Council Member Gonzales asked that large projects such as this be placed on the regular agenda. City Secretary Chapa polled the Council for their votes as follows: 15.a. M2000-434 Motion authorizing the City Manager or his designee to execute a construction contact with Pate & Pate Enterprises, Inc. for a total fee not to exceed $8,605,411 for the Southside Water Transmission Main from O.N. Stevens Plant to Clarkwood Road, Phase I. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. M2000-435 Motion authorizing the City Manager or his designee to execute a testing agreement with Trinity Engineering Testing Corporation for a total fee not to exceed $213,560 for the Southside Water Transmission Main from O.N. Stevens Water Treatment Plant to Clarkwood Road, Phase I. 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 28, taxicab fares. Council Member Kinnison said he is concerned that Corpus Christi's new fares will make it one of the more expensive cities in the state and he questioned how the fare increase will affect people who depend on cab service. He then made a motion to go back to the staff's recommendation on taxi fares, which was seconded by Council Member John Longoria. Minutes - Regular Council Meeting December 12, 2000 Page 10 Assistant Police Chief Ken Bung explained that staff surveyed other cities in the state and determined what they were charging for cab fares and recommended fares in the middle of that range, which would give the local companies an increase. He added that Police Chief Pete Alvarez and Mr. Garcia met with the cab company owners, who agreed with the recommendation. Mr. Tom Casner said he has been driving a cab here for nine years. He said he was very involved in the last fare increase in 1996. He said since then most of the other Texas cities have increased their fares even further. Also, other cities (such as San Antonio) run the time meter as well as count the miles, and others have surcharges for extra people and pieces of luggage in the cab. He said they do not agree with the per -person surcharge. Responding to Council Member Colmenero, Mr. Casner said other cities raise their rates in different cycles. He suggested that Corpus Christi form an oversight committee that will review the rates periodically, such as every 18 months, and consider a nickel increase each time to provide for gradual increases. Mayor Neal requested a copy of the ordinance regulating taxi cabs. Council Member Gonzales said an Austin cab driver told him they charge almost $25 for a 10 -mile trip. Mr. Longoria said he wished to amend Mr. Kinnison's motion to amend so that the extra passenger surcharge apply only to passengers leaving the airport. Mr. Kinnison accepted Mr. Longoria's amendment, adding that that is the current practice. Mr. Colmenero said the Council needs to consider the costs that cab owners have incurred, such as increased fuel costs. City Secretary Chapa polled the Council on Mr. Kinnison's motion to amend. It failed to pass by the following vote: Kinnison, J. Longoria, and Scott voting "Aye"; Neal, Colmenero, Cooper, Garrett, Gonzales, and B. Longoria voting "No." Mr. Chapa then polled the Council for their votes on Item 28: 28. ORDINANCE NO. 024305 Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares -Amounts, to increase taxicab fares to $1.75 for the first one-fifth mile and $.35 for each succeeding one-fifth mile, and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria, and Scott voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 29, Nueces County Rural Fire Prevention District No. 1 (RFD). Deputy City Manager Noe referred to the powerpoint presentation that was made by staff during the public hearing on December 5th at the Northwest Senior Center. He explained that in the northwest area, the Corpus Christi Fire Department (CCFD) has Fire Station No. 2 at 13421 Up River Road and Fire Station No. 12 at 2120 Rand Morgan Road. Both are staffed 24 hours per day Minutes - Regular Council Meeting December 12, 2000 Page 11 and Station 12 has an ambulance that is staffed 24 hours per day; in addition, there is a new brush unit. Mr. Noe said the CCFD standard response is three engine companies, one ladder truck, one medic unit and chief officers. He also discussed CCFD staffing and training, as well as the cost of service for each apparatus of about $900,000 and $700,000 for each ambulance. Referring to the boundaries of the RFD, Mr. Noe said 85% of the population of the RFD is inside the city limits and 15% is outside, and 73% of the appraised property values are inside the city and 27% are outside. He said the City of Corpus Christi is currently classified by the Insurance Services Office (ISO) as a 4, and there is no split classification in the city's current rating. He said ISO classifications are based upon the resources of the department that has the primary legal responsibility for responding to structure fires on initial alarm. In Texas this has generally been interpreted as being the city for all annexed areas In addition, ISO indicates that the classification for the city would apply to all annexed areas, and no overlap would be considered. Mr. Noe then outlined the Council's alternatives in this matter: do nothing; exclude the industrial districts from the RFD; exclude underdeveloped property with adequate fire response time (i.e., McKinzie Road inward); exclude all property within the city limits; or execute an agreement for the district to partially fund an ambulance for the area. Responding to Council Member Betty Jean Longoria, Mr. Noe said the district's board has not met to discuss the city's proposal. He said they submitted a proposal to the staff to provide about $200,000 for an ambulance, assuming it would remain at Station 2 and operate only in the district. He said there are a number of other concerns staff had with the language in the agreement, including proposals related to the fees to be charged to residents, which he described. City Attorney Bray said the constitutional provision under which emergency services districts (ESD) are created says, among other things, that no tax shall be levied in support of said districts until approved by a vote of the qualified voters residing therein. Consequently, the increase to 10 cents per $100 valuation has not been approved by the voters because it was not on the November 7, 2000 ballot. Mayor Neal asked if the tax cap is fixed at three cents, and Mr. Bray said it is. Mr. Noe added that staff has prepared documentation for the Council to act on option 2, which is to exclude the industrial districts from the RFD. He said there seems to be consensus with the district's board but the question remains whether the Council wants to take additional action. In reply to Council Member John Longoria, Mr. Bray said the five RFD board members are appointed by the Nueces County Commissioners Court. Mr. Ernest Garza, certified public accountant for the fire district, said it is his understanding that when an RFD is converted to an ESD, there are different requirements for establishing the tax cap as opposed to when a district is initially created. Mr. Bray said the district board would have to seek their own interpretation of the statute. He further described his opinion on this issue in response to Council Member Gonzales' questions. He added that staff strongly recommends excluding the industrial districts at the minimum. Council Member Garrett said that about 60 or 70 people attended the public hearing held last Minutes - Regular Council Meeting December 12, 2000 Page 12 week, and he did not hear a single person indicate that he did not understand what the election was about, which was to convert the RFD to an ESD. Mrs. Longoria said she was disappointed that the board did not meet to discuss the ambulance issue. She said she has spoken to many citizens in that area who said even though they voted for the conversion, they really did not know what it was about. Mr. Garza replied that they received a response to their proposal from city staff late last Friday and the board did not have an opportunity to meet. Responding to Council Member Scott, Mr. Garza said the conversion raises the cap to 10 cents but not the actual rate. He said the ambulance issue arose after the election and if they decide to raise taxes to fund an ambulance, that would require going to a 6 cent rate two years from now. Mr. Scott asked if the RFD board told the public during the election campaign that there would be an improvement in the ISO rating if the issue was approved by the voters. Mr. Jeff Atwood, President of Nueces County Rural Fire Prevention District No. 1, said they did. He said as soon as they receive information about the ISO rating, they will inform the Council. Dr. Gonzales said he hopes the district board will support the addition of an ambulance. Mr. Atwood said they never included a stipulation about the ambulance being able to respond to any area inside the city limits or Nueces County. He said the issue is where the ambulance will be stationed. Mr. Colmenero urged the entities to work together on that issue. Mr. Longoria commented on the extra tax that the people in that area would have to pay for another ambulance. Mr. Kinnison concurred with Mr. Longoria, adding that the Council has not raised city taxes by 2 cents for over a decade. Mr Jimmie Till, 6034 Lost Creek, said he did not think it was right for the citizens in the northwest to have to pay double taxes for services. He said the whole city should be taxed rather than just one district. Responding to Mayor Neal, City Secretary Chapa said if the Council votes for Item 29, they will be voting to remove the industrial districts from the Nueces County Rural Fire Prevention District No. 1. He then polled the Council for their votes as follows: 29. RESOLUTION NO. 024292 Resolution removing territories from the Nueces County Rural Fire Prevention District Number 1. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mrs. Longoria encouraged the district board members to keep the Council informed about their actions. Mayor Neal called for a brief recess. ********** * ** Minutes - Regular Council Meeting December 12, 2000 Page 13 Upon reconvening, Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton, said Cooper Advertising owns most of the bus benches located in the rights-of-way and so far the city has not told that company to remove their signs from the benches. He said the city --not the Regional Transportation Authority --has the responsibility of enforcing city ordinances and state laws. Mr. Kinnison asked Mr. Gordy if he understood that if Cooper Advertising removes their signs from the bus benches, they will also remove the benches themselves. Mr. Gordy replied that Cooper Advertising will store the benches in that position as well as store them somewhere else. Mr. Leon Perez, 904 Buford, expressed concern about what he said were 150 -pound garbage containers that will be picked up by automated trucks. He said he only has a small amount of garbage each week. Mayor Neal said they are not 150 -pound but rather 65 -gallon and 95 -gallon containers. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said the union has the full backing of the State Association of Firefighters and the unions to take the issue of a fire district to the state legislature when it convenes next month. * * * * * * * * * * * * * Mayor Neal referred to Item 5, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 5. Case No. 1000-03. Chris McClanahan: A change of zoning from an "R -1B" One -family Dwelling District to an "I-2" Light Industrial District on 5 acres out of Tract 7, William J. Robertson Farm Tracts, located on the south side of Saratoga Boulevard, approximately 1,600 feet east of Old Brownsville Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "I-2" Light Industrial District. No one appeared in opposition to the zoning change. Dr. Gonzales 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. 024293 Amending the Zoning Ordinance upon application by Chris McClanahan by changing the zoning map in reference to 5 acres out of Tract 7, William J. Robertson Farm Tracts, from "R -1B" One -family Dwelling District to "I-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Minutes - Regular Council Meeting December 12, 2000 Page 14 Mayor Neal referred to Item 6, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 6. Case No. 1000-01, Don Hodges: A change of zoning from a "B-1" Neighborhood Business District to "B-4" General Business District on Koolside Addition, Block 6, Lot 22R, located on the west side of Airline Road, approximately 150 feet south of Gollihar Road. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" General Business District. Mr. Gunning gave a computer presentation about this case, describing the applicant's request and the location of the property. He said that in 1990 the city completed a comprehensive analysis and rezoning to "B-1" of the properties fronting the west side of Airline from Lum Avenue to McArdle Road. He said the `B-1" District was amended in 1984 and 1988 to make it more neighborhood friendly by eliminating bars, taverns, and full-service stations. He said staff is recommending that the requested "B-4" be denied, and he expressed concern about reintroducing the auto sales use into this area. Mr. Don Hodges, the applicant, said he bought the subject property in good faith and he thought auto -related uses were allowed since his business (Corpus Christi Lock Doc) has been located next to the property for the last nine years. He said prior to purchasing the property, it was not well-maintained and since buying it he has made many improvements to the building and the property. He said he was not seeking the "B-4" zoning but rather a special permit for a small used car lot, for which he would comply with all restrictions imposed. He pointed out that most of his neighbors were not opposed to that use. Dr. Gonzales made a motion to close the public hearing, seconded by Mr. Scott, and passed. Responding to Mrs. Longoria, Mr. Gunning said during the Planning Commission hearing, he asked the commissioners if they wished to consider a special permit and, if so, to allow staff two weeks to work with the applicant in developing it. He said he believes the commission relied on staff's presentation regarding the comprehensive rezoning that took place in that area in 1990. He added that auto detailing is allowed under `B-1." Mr. Kinnison said that in the next zoning case, the city is proposing a special permit with 10 conditions, adding that Mr. Hodges operates a clean business. Mr. Gunning said the distinction between the two zoning cases is that in this case it would involve a change in the development policy that the Council adopted in 1990 for that section of Airline Road. Responding to Dr. Gonzales, Mr. Gunning said a special permit for this case would be for the underlying zoning of "B-1" with a special permit for an auto sales use only. He said they would probably limit the number of autos that could be on the lot at any one time, as well as include conditions regarding screening, landscaping and hours of operation. Mayor Neal made a motion to direct staff to work with the applicant in preparing a special permit to bring back to the Council at the January 9, 2001 meeting. The motion was seconded by Mr. Minutes - Regular Council Meeting December 12, 2000 Page 15 Kinnison and it passed unanimously. POSTPONED map in reference to Lot 22R, Block 6, Koolsidc Addition, from "B 1" Neighborhood •• Mayor Neal referred to Item 7, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 7. Case No. 1000-02. Paul S. Vera: A changing of zoning from an "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District with a "SP" Special Permit to a `B-4" General Business District on Laguna Acres, Block 1, Lots 11 and 12, located on the southeast corner of Horne Road and Teresa Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District and in lieu thereof, approval of a Special Permit for expanded building and auto repair use on Lot 12, subject to a site plan and ten (10) conditions. He added that the applicant concurs with the recommendation. No members of the public expressed opposition to the request. Dr. Gonzales made a motion to close the public hearing, which was seconded and passed. Mr. Longoria said there has been a problem with this location for some time. Mr. Gunning said the applicant requested `B-4" zoning for two lots he owns at Teresa Street and Horne Road. He said Lot 12 is occupied by an auto repair service which includes a building that was illegally expanded in 1996. He said the applicant has also been illegally storing vehicles on Lot 11. He said since the applicant initiated the rezoning request, he has removed all of the vehicles from Lot 11 and the outside storage from the back of Lot 12. He added that currently three violations exist on Lots 11 and 12 and they can be resolved either through replatting, rezoning or through a variance from the Zoning Board of Adjustment. Mr. Longoria said some of the conditions are very strong and he said Mr. Vera has not complied with previous restrictions and violated other requirements on that property. He asked what remedy the neighbors have. Mr. Gunning said he looked at the use of the property and its longtime existence in the neighborhood, and tried to find a way to make it more acceptable to the neighbors. Mrs. Longoria said Mr. Vera's neighbors have complained about his business and he has violated regulations, but she will yield to what Mr. Longoria wishes to do since the property is located in his Council district. Mr. Longoria asked Mr. Vera to address the Council. Mr. Vera stated that he runs a clean business, but Mr. Longoria said his neighbors do not think so. He added that Mr. Vera should take advantage of this opportunity to improve his business. Mr. Colmenero concurred. Minutes - Regular Council Meeting December 12, 2000 Page 16 Dr. Gonzales said small businesses are important to that community. Mr. Chapa polled the Council: 7. ORDINANCE NO. 024294 Amending the Zoning Ordinance upon application by Paul S. Vera by changing the zoning map in reference to Lot 12, Block 1, Laguna Acres (currently zoned `B-1" Neighborhood Business District) by granting a Special Permit for an automotive repair facility, subject to a site plan and ten (10) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 30, 2000 bond election. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. RESOLUTION NO. 024306 Resolution expressing official intent to reimburse costs of the Bond 2000 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 31, participation by small contractors in bond projects. Responding to Council Member Gonzales, Mr. Noe said the "bond program" referred to in the resolution covers all the items approved by the voters in the November 7th election. Council Member John Longoria referred to a copy of proposed amendments to the resolution which includes the words "local and small" contractors throughout the resolution and the words "as recommended by the City Major Construction Projects Advisory Panel" at the end of the resolution. He made a motion to amend Item 31 to reflect those changes, seconded by Council Member Colmenero. Mr. Bray pointed out that state bidding law says a city cannot have any tangible preference for local contractors; it is a matter of selecting the lowest responsible bidder in accordance with bid processes. He said in defining bid specifications, a city can enhance the opportunities for small contractors to be able to successfully bid on jobs. He said to the extent that small contractors may more often be local contractors, then those issues dovetail. He said this is direction to the staff to do as much as they can within the limits of the law. Mayor Neal called for a voice vote on the motion to amend, and it passed unanimously. He then called for public comment. Minutes - Regular Council Meeting December 12, 2000 Page 17 Mr. Joe Fulton said the City Major Construction Projects Advisory Panel had a very productive meeting yesterday and they are ready to work together with the staff and the Council on all those projects. City Secretary Chapa polled the Council for their votes as follows: 31. RESOLUTION NO. 024307 Resolution directing the City Manager, in implementing the Bond Program approved by the voters on November 7, 2000, to assure maximum opportunities for participation by local and small contractors. The foregoing resolution passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal announced that the executive session regarding Christopher E.P., b/n/f Rose V. vs. Corpus Christi Independent School District and the City of Corpus Christi, Texas, Civil Action No. C-00-021, U.S. District Court, Southern District of Texas, Corpus Christi Division, would not be held. He then called for the City Manager's report. Mr. Garcia outlined some of the major issues that will be discussed during the next Council meeting on December 19th. Due to the number of lengthy presentations and items to be considered, it was determined that the meeting will begin at 12:00 p.m. In his report, Mayor Neal agreed that the City Major Construction Projects Advisory Panel had a good meeting yesterday. Mr. Escobar said that group will meet on the first Monday of each month with the exception of January, when the meeting will be held on the second Monday. Mr. Garrett asked staff to find a way to recognize Terry and Bobby Labonte for their accomplishments. The Mayor said the county is also looking into that. Mr. Longoria asked about the status of the police contract. Mr. Garcia said staff will provide the information. Dr. Gonzales commented on a soccer tournament held at Bill Witt Park. Mrs. Longoria said she was trying to help raise funds for the Zavala Senior Citizen Center's Christmas party. Dr. Gonzales thanked those city employees who volunteered to sing at one of the senior citizens centers. Mr. Colmenero requested a report on the maintenance of the park on Corpus Christi Beach and he asked about construction at Ocean Drive and Airheart Street. Mr. Escobar said the Bay Trail project is completed and the fence and trailer on Ocean Drive will be removed. Mrs. Longoria asked about improvements on Omaha Drive, and Mr. Escobar said staff is working with the school district officials there. Mayor Neal announced that the Moody Civic -Minded Students are having a summit on December 14th at Moody High School. There being no further business to come before the Council, The Mayor adjourned the Council meeting at 4:00 p.m. on December 12, 2000.