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HomeMy WebLinkAboutMinutes City Council - 12/11/2001I 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 11, 2001, which were approved by the City Council on December 18, 2001. WITNESSETH MY HAND AND SEAL, this 18th day of December, 2001. SEAL G Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 11, 2001 1:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall and he delivered the invocation. The Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mr. Chapa announced that Item 48, regarding the University Drive right-of-way abandonment, was being withdrawn by staff. He said the date and time of the new public hearing will be announced. Mayor Neal called for approval of the minutes of the regular Council meeting of November 20, 2001. 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: Committee for Persons with Disabilities C.C. Regional Economic Development Corp. Billy Ray Sayles Gloria Perez Landmark Commission Michael Cleary (Reappointed) Elmon Phillips (Reappointed) Kevin Maraist (Reappointed) Alan Wahlers * * * * * * * * * * * * * Mayor Neal announced the following executive sessions: 3. Pursuant to Texas Government Code Sections 551.071 and 551.086 to discuss and deliberate commercial or financial information from a business prospect, Vision Technologies Aerospace Ltd., that the City Council seeks to have locate in or near the City of Corpus Christi and to deliberate the offer of financial or other incentives in connection therewith, and to obtain legal advice related thereto, with possible discussion and action related thereto in Minutes - Regular Council Meeting December 11, 2001 Page 2 open session; and 4. Pursuant to Texas Government Code Section 551.071 regarding John Doe v. City of Corpus Christi, No. 01-5964-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal recessed the regular meeting for the meeting of the Corpus Christi Industrial Development Corporation. * * * * * * * * * * * * * Upon reconvening, Mayor Neal called for consideration of the consent agenda (Items 6-36). Council members and audience members requested that Items 9, 10, 28, 30 & 35 be discussed. City Secretary Chapa said there was an amendment on Item 19. He then polled the Council for their votes: 6. M2001-447 Motion approving a supply agreement with Kustom Signals Inc., Lenexa, Kansas for police radars in accordance with Bid Invitation No. BI -0024-02 based on low bid for an estimated annual expenditure of $64,713. The term of the supply agreement will be for 12 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. These police radars will be used in police vehicles. Funds are available through the Police Crime Control and Prevention District. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2001-448 Motion authorizing the City Manager or his designee to execute an annual maintenance agreement with Norstan Communications for the City's Siemens/Rolm telephone system in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $48,892. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. M2001-449 Motion approving the purchase of 20,000 feet of 16" coated and wrapped steel pipe in accordance with Bid Invitation No. BI -0029-02 from Texas Pipe and Supply, Corpus Christi, Texas, based on low bid for a total of $312,400. The pipe will be used by the Gas Minutes - Regular Council Meeting December 11, 2001 Page 3 Department. Funds have been budgeted by the Gas Department in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. M2001-452 Motion approving the purchase of 26 radios with chargers, belt clips and rings from M/A- COM Private Radio Systems, Inc., Ingleside, Texas, for the total amount of $59,126.50. The award is based on sole source and will be used by the Police Department. Funds are provided through the Crime Control and Prevention District and the Police General Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12. M2001-453 Motion approving the purchase of fifty vehicles consisting of 45 pickups, 3 vans and 2 sedans from the following companies for the following amounts in accordance with Bid Invitation No. BI -0025-02, based on low bid and low bid meeting specifications. Various City departments will use these vehicles. Seven units are additions to the fleet; the remaining units are replacements. Funds are available in the FY2001-2002 Capital Outlay Fund. Crosstown Ford Vista Chevrolet Corpus Christ, Texas Corpus Christi. Texas Bid Items 1-4, 10, 11, 12 and 14 Bid Items 8 and 9 $525,579 $233,400.80 Creveling Dodge Padre Ford Corpus Christi. Texas Corpus Christi. Texas Bid Items 13 and 15 Bid Items 5-7 and 16 $57,392 $114,821 Grand Total: $931,192.80 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.a. M2001-454 Motion authorizing the City Manager or his designee to purchase from DataSeek Corporation a turnkey solution consisting of EMC storage area network and StorageTek tape backup solution for $732,130 purchase to be financed over a three-year period and including a 36 - month warranty. This solution is the first phase in creating a disaster recovery system and its supports increasing data storage requirements economically. DataSeek Corporation is a qualified information services vendor with the State of Texas. Minutes - Regular Council Meeting December 11, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.b. M2001-455 Motion authorizing the City Manager or his designee to purchase from Sirius Computer Solutions hardware to attach the production AS/400 to the EMC storage area network and StorageTek tape backup solution for $50,875 purchase to be financed over a three-year period and including a 36 -month warranty. Sirius Computer Solutions is a qualified information services vendor with the State of Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.c. M2001-456 Motion authorizing the City Manager or his designee to purchase from Computer Resource/6000 Tivoli Storage Manager software for the StorageTek tape backup solution and associated training for $42,870 purchase to be financed over a three-year period and including a 36 -month warranty. Computer Resource/6000 is a qualified information services vendor with the State of Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. M2001-457 Motion authorizing the City Manager or his designee to purchase from SBC DataComm, Inc., in accordance with the State of Texas Cooperative Purchasing Program, for a total of $501,561 an IP phone system with interactive voice response and integrated contact distribution. Configuration, setup and installation are included in the contract. This system will be compatible and integrated with the surveillance and security system improvements at the Wesley Seale Dam/Choke Canyon Dam/pump station. It will allow for centralized video surveillance and data and voice communications and will provide interactive voice response and call grouping. This will provide a compatible phone system for the Water Utilities, outlying Water and Wastewater facilities and the Emergency Operating Center. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15. M2001-458 Motion authorizing the City Manager or his designee to execute a construction contract with Insituform Technologies Inc. in the amount of $1,519,839 for the sanitary sewer trunk main Minutes - Regular Council Meeting December 11, 2001 Page 5 rehabilitation. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16. M2001-459 Motion authorizing the City Manager or his designee to execute a construction contract with Camrett Corporation, Corpus Christi, Texas, in the amount of $130,790.76 for the West Guth Park improvements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17. M2001-460 Motion authorizing the City Manager or his designee to execute a construction contract with Sprinkler King of San Antonio, Texas in the amount of $562,369.50 for the youth outdoor sports facilities irrigation improvements at the following sites: South Guth Park, Waldron Park, and Bill Witt Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 18. M2001-461 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Engineers & Contractors of Corpus Christi, Texas in the amount of $3,522,263 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 pump modifications (electrical, mechanical, and instrumentation systems upgrade). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 20. M2001-463 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing Company of Corpus Christi, Texas in the amount of $54,234 for the Fire Station No. 15 Re -Roof FY2001-2002 project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." m Minutes - Regular Council Meeting December 11, 2001 Page 6 21. M2001-464 Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with LVN, Inc. dba Smith, Russo & Mercer in the amount of $125,950 for the Street Resurfacing project to provide for sanitary sewer line replacements and the relocation of the SPID/Crosstown 30" waterline to Johanna Street. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22. M2001-465 Motion authorizing the advertising for sale of Lots 20 and 21, Block 4, Gulfway-Airline Park Unit #1 containing a total of approximately 20,000 square feet. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23. ORDINANCE NO. 024675 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Robert M. Galvan, Jr., owner of Lots 21-24, Block 15, Port Aransas Cliffs, to install, operate, maintain, relocate, and/or remove a 2" force main within the Ocean Drive right-of-way, approximately 280 linear feet in length, to tie to an existing sanitary sewer manhole located in public right-of-way at the juncture of Sinclair Street and Ocean Drive, establishing a fee of $430 and other specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24.a. ORDINANCE NO. 024676 Ordinance appropriating $63,388.75 in the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay a reimbursement request from Braselton Land Ventures, Inc. for the installation of 1,572 linear feet of an off-site 10 -inch PVC Sanitary Sewer Collection Line to develop Unit 2 and future units of Village at Dunbarton Oak Subdivision. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24.b. M2001-466 Motion approving the reimbursement application for $63,388.75 submitted by Braselton Land Ventures, developer of Village at Dunbarton Oak Subdivision, for the installation of 1R Minutes - Regular Council Meeting December 11, 2001 Page 7 1,572 linear feet of an off-site 10 -inch PVC Sanitary Sewer Collection Line provided for Unit 2 and future units. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25. ORDINANCE NO. 024677 Ordinance amending the Code of Ordinances, Chapter 53- Traffic, Section 53-250 - Schedule 1, One -Way Streets and Alleys, Section (A-1) School Areas, by establishing a one-way traffic pattern at Sanders Elementary School on Republic Drive from the direction of Killarmet Drive to Congressional Drive; and providing for penalties. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 26. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-252, Schedule III - Parking Prohibited at All Times on Certain Streets, by prohibiting curbside parking at all times on Santa Fe Street between Meldo Park Lane and Robert Street; and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 27. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, Chapter 53 - Traffic Section 53-254, Schedule V, by revising the speed limits on the following street sections; and providing for penalties: on Whitecap Boulevard, reduction from 40 MPH to 35 MPH between a point 1,000 ft. west of Cruiser Street to Isabella Court; on McKinzie Road (FM3386), revising the existing speed limits to the following: 50 MPH to 45 MPH, from a point approximately 620 ft. north of Kingsbury Drive to a point approximately 1,050 ft. south of Haven Drive; 50 MPH to 60 MPH, from a point approximately 1,050 ft. south of Haven Drive to the south city limit. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 29. RESOLUTION NO. 024679 Resolution amending the City Investment Policy to make minor revisions for clarification and following changes; to change investment benchmarks to constant maturity indexes; to list U.S. Treasuries as a separate investment group; to add money market accounts as w Minutes - Regular Council Meeting December 11, 2001 Page 8 authorized investment; to modify in local government investment pools; to delete required investment target of 25% in U.S. Treasury Securities from investment mix requirement. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 31.a. RESOLUTION NO. 024681 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Contract with Texas A&M University -Kingsville in the amount of $600,000 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio County Area. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 31.b. RESOLUTION NO. 024682 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Contract with Texas A&M University -Corpus Christi in the amount of $140,000 for pollution prevention partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio counties. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 32. ORDINANCE NO. 024683 Ordinance amending the Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, by changing the title of Division 15 from the "Senior Community Services Advisory Committee" to the "Leadership Committee for Senior Services"; amending the Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, by amending Sections 2-170, Membership, and 2-173, Duties, Repealing Section 2-174, Senior Companion Program Advisory Committee, in its entirety. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 33. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute an amendment to the lease agreement executed with Padre Soccer League on November 12, 1996, Ordinance No. Minutes - Regular Council Meeting December 11, 2001 Page 9 022750, to increase the leasehold area and to incorporate additional language. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 34. ORDINANCE NO. 024684 lR Ordinance authorizing the City Manager or his designee to execute a three-year lease agreement with two option years with the Corpus Christi City Employees Credit Union to install automatic teller machines (ATMs) at Municipal Court, Coliseum and City Hall for monthly payments of $100 or 10% of net profit; whichever is greater. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 36.a. ORDINANCE NO. 024686 Ordinance amending the City of Corpus Christi, Texas Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by adopting a policy statement in support of Packery Channel, revising the definition of "erosion area line" and description of eroding area boundary, and by revising Figure 5, which illustrates the beachfront construction line, erosion area restriction line, and erosion area line. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 36.b. ORDINANCE NO. 024687 Ordinance amending the definition of "erosion area line" in Section 10-1 of the Code of Ordinances, City of Corpus Christi. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 36.c. ORDINANCE NO. 024688 Ordinance amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by revising Appendix III, Beachfront Construction Line, Erosion Area Restriction Line, and Erosion Area Line. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting December 11, 2001 Page 10 Mayor Neal opened discussion on Item 9, thermal imaging cameras. Council Member Colmenero asked Fire Chief J.J. Adame to describe the cameras. He explained that the city received grant monies which are being used to prepare rapid intervention kits to be carried by firefighters. He said these cameras will assist the firefighters in search and rescue operations as well as ensuring that fires are completely extinguished. City Secretary Chapa polled the Council for their votes as follows: 9. M2001-450 Motion approving the purchase of three (3) thermal imaging cameras from Four Alarm Fire Equipment, MES, Houston, Texas in accordance with Bid Invitation No. BI -0021-02, based on low bid meeting specifications for a total amount of $29,250. The thermal imaging cameras will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, emergency response vehicle. Responding to Mr. Colmenero, Police Chief Pete Alvarez said the vehicle will be used to support the department's SWAT rescue team. City Secretary Chapa polled the Council for their votes as follows: 10. M2001-451 Motion approving the purchase of one emergency response vehicle (ERV) from Lenco Industries, Pittsfield, Massachusetts, for the total amount of $180,050 based on sole source. The emergency response vehicle (ERV) will be used by the Police Department. Funds are available in the Law Enforcement Block Grant, FY1999-2000 and FY2001-2002. This item will be a new addition to the fleet. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, digester blowers. City Secretary Chapa said the actual dollar amount is $413,915 (rather than $413,000 as listed on the agenda). Council Member Kelly made a motion to amend as stated, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 19. M2001-462 Motion authorizing the City Manager or his designee to execute a construction contract with TR Minutes - Regular Council Meeting December 11, 2001 Page 11 R.S. Black Engineers & Contractors of Corpus Christi, TX in the amount of $413,915 for the Broadway Wastewater Treatment Plant digester blowers & air diffusers replacement project. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 28, solid waste grants. Ms. Pat Suter, a member of the city's recycling committee and the Coastal Bend Council of Governments Committee, said it is very refreshing for the city to take the lead in these grant requests, as it did in 1992 with the formation of the Local Emergency Planning Committee. Ms. Kit Price Blunt, 8317 Seashore, spoke in favor of the proposed funding. She encouraged the city to look for funding in next year's budget to implement the citizen's trash and recycling center on a full-scale basis. She said this is modeled after an award-winning facility in Florida. Mr. Jeffrey Kaplan, Director of Solid Waste Services, who used to work in Dade County, Florida, discussed how that community dealt with a large problem of illegal dumping. He said the citizens' trash and recycling center in Corpus Christi will also serve as a transfer station, which will become part of the long-term operating plan for the Valenzuela Landfill. City Secretary Chapa polled the Council for their votes as follows: 28. RESOLUTION NO. 024678 Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste Grant Application to the Coastal Bend Council of Governments in the amount of $150,000 for construction of a citizens' trash and recycling center, with a City in-kind match of $50,000 in the No. 1050 Federal/State Grants Fund, for a total project cost of $200,000. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 30, marina office buildings. Responding to Mr. Colmenero, City Manager Garcia explained that these contracts are for the continued use of the existing offices (located in modular buildings). He said a more permanent location for the marina offices is planned in the future. City Secretary Chapa polled the Council for their votes as follows: 30. RESOLUTION NO. 024680 Resolution authorizing the City Manager or his designee to execute two one-year renewable Minutes - Regular Council Meeting December 11, 2001 Page 12 lease contracts, subject to the non -appropriation of funds clause in each contract, for the lease of modular buildings from General Electric Capital Modular Space for use at the Corpus Christi Marina as Marina office space. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 35, concessionaire agreement. Mr. Colmenero asked when a request for proposals for concession services will be issued. Mr. Garcia said that city staff is discussing the food operations with SMG, the management company for the convention center and arena. He said they hope to select a concessionaire who will partner with SMG and the city to provide some of the food service equipment. He said this contract is to continue operations at the existing facilities until the new ones are closer to completion. City Secretary Chapa polled the Council for their votes as follows: 35. ORDINANCE NO. 024685 Ordinance authorizing the City Manager or his designee to execute an amendment to the lease agreement executed with Noble Food Services Inc. on November 21, 2000, by Ordinance No. 024289 to extend the term of the lease. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 37, Leopard Street improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 37.a. RESOLUTION NO. 024689 Resolution authorizing the City Manager or his designee to execute Change Order No. 9 with Texas Department of Transportation in the amount of $49,238.08 for revised bus stop improvements as part of Leopard Street improvements, Phases 1 and 2 (Rehfeld to McKinzie Road) construction contract in accordance with the advanced funding agreement. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 37.b. RESOLUTION NO. 024690 Resolution authorizing the City Manager or his designee to execute a future Change Order Y Minutes - Regular Council Meeting December 11, 2001 Page 13 with the Texas Department of Transportation in the amount not to exceed $39,200 for median landscaping improvements as part of Leopard Street improvements, Phases 1 and 2 (Rehfeld to McKinzie Road) construction contract in accordance with the advanced funding agreement. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 37.c. M2001-467 Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $110,460.03 as part of the Leopard Street improvements Phases 1 and 2 from Rehfeld to McKinzie Road construction contract in accordance with the advanced funding agreement. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 37.d. RESOLUTION NO. 024691 Resolution authorizing the City Manager or his designee to execute Change Order No. 9 with the Texas Department of Transportation in the amount of $50,965 for revised bus stop improvements and traffic signal conduit as part of the Leopard Street improvements, Phase 3 (McKinzie Road to Rand Morgan Road) construction contract in accordance with the advanced funding agreement. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 37.e. RESOLUTION NO. 024692 Resolution authorizing the City Manager or his designee to execute a future Change Order with the Texas Department of Transportation in the amount not to exceed $30,800 for median landscaping improvements as part of the Leopard Street improvements, Phase 3 (McKinzie Road to Rand Morgan Road) construction contract in accordance with the advanced funding agreement. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 38, golf course study. He noted that the deadline for the request for proposals (RFPs) is January 30, 2002. Mr. Garcia said at that time staff will compile -ter--�- Minutes - Regular Council Meeting December 11, 2001 Page 14 the RFP results and present them to the Council. Council Member Kinnison asked if the study will examine the feasibility of a new 18 -hole golf course and/or the expansion of the current golf courses. Mr. Tony Cisneros, Director of Park and Recreation, replied affirmatively. Mr. Kinnison said he did not see any reference in the RFP to the location of a new course, and Mr. Cisneros said staff is not looking at specific sites at the beginning of the study. However, the RFP states that if a third golf course facility is deemed viable by the market analysis, the city may ask the selected firm to evaluate and propose suitable locations. Mr. Kinnison said this study will answer questions about the economic feasibility of a third course. Council Member Scott asked if staff believes firms will respond to the RFP. Mr. Garcia and Mr. Cisneros both replied affirmatively. Responding to Council Member Longoria, Mr. Garcia said the two main objectives of the study are to analyze the area golf market as it applies to the Corpus Christi metropolitan area and a general analysis of the economic feasibility of a third golf course. Mr. Longoria asked about the budget for the study. Mr. Cisneros replied that staff is estimating it will cost $30,000 to $35,000. In reply to Council Member Kelly, Mr. Cisneros said the study area incorporates a 50 -mile radius outside the Corpus Christi city limits. Mr. Garcia said that figure was somewhat arbitrary and can be adjusted if the consultant feels it should be. Council Member Noyola commented on the drop in the number of golf rounds in the last year. Mr. Cisneros said there are many reasons for that decline and that information will be provided to the consultant. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. M2001-468 Motion authorizing the release of a request for proposals and statement of qualifications for an area golf market and feasibility study for the City of Corpus Christi, Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 39, annexation ordinances. The Mayor first called for comments on Items 39.a. -39.e. and there were none. City Secretary Chapa polled the Council for their votes as follows: 39.a. ORDINANCE NO. 024693 Ordinance annexing Wood River Areas A and B contiguous to the city limits in the vicinity of the Wood River Subdivision; providing for a service plan for the annexed areas of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and -17 Minutes - Regular Council Meeting December 11, 2001 Page 15 bound by the City Charter, ordinances, resolutions and rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 39.b. M2001-469 Motion to amend annexation ordinance for Area C in Item B prior to second reading by: 1) Service Plan Section C.3.: Add to the end of this section concerning water and wastewater facilities: "The City Council agrees that as to Area C, Tract 1, the owners of the property may rely upon the continuing availability of the City's standard service extension policies now in existence for water and wastewater facilities to serve the property consistent with the development plans outlined in the Special Zoning Permit which is on the agenda for approval by the City Council." 2) Correcting service plan for Area C, Section B, Address for Fire Station #15 from "1402" to "14402" Commodore Drive. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 39.c. ORDINANCE NO, 024694 Ordinance annexing Padre Island Area C, Tracts 1 and 2, contiguous to the city limits in the vicinity of the Nueces-Kleberg County Line and adjacent to South Padre Island Drive (Park Road 22) and south of Sea Pines Drive; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions and rules; providing for amend- ment of the official maps of the City of Corpus Christi and providing for an effective date. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 39.d. ORDINANCE NO. 024695 Ordinance annexing Area D, a 919.17 acre area in the vicinity of Mustang Island, southeast of the Corpus Christi Ship Channel, between the city limits of the City of Corpus Christi and the west city limits of the City of Port Aransas, contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and area subject to and bound by the City Charter, ordinances, resolutions and rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. Minutes - Regular Council Meeting December 11, 2001 Page 16 The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 39.e. ORDINANCE NO. 024696 Ordinance annexing Area E, Gulf of Mexico Water Area east of Port Aransas and Aransas Pass containing 13,128.45 acres of water area, more or less, adjacent to Mustang Island and partly in Nueces County, Texas and partly in Aransas County, Texas, and contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions and rules; providing for amend- ment of the official maps of the City of Corpus Christi, and providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." With regard to Items 39.f. and 39.g., City Manager Garcia explained that the original annexation plan, which was initiated six months ago, contemplated that the city would enter into an agreement with Nueces County, which is currently cleaning the beaches in the annexation area. He said that agreement would have had the city pay the costs that the county incurred until the city could transition into its own beach -cleaning operation. He pointed out that the city hired a consultant to study the most economical and state-of-the-art cleaning methods. However, the city's proposed agreement was rejected by the County Commissioners Court last Wednesday. As a result, Mr. Garcia said, he called together all of the city's departments that would be affected by the annexation so they can begin mobilizing to provide beach -cleaning services by January 1, 2002. He said staff followed its existing purchasing procedures to order the necessary equipment; in addition, they are in the process of hiring the staff for that work. Responding to Council Member Colmenero, Assistant City Manager Utter replied that the Commissioners voted 5-0 for a different beach -cleaning contract than originally negotiated. Deputy City Manager Noe said staff will be bringing the Council a budget amendment, but the bulk of the funds will come from hotel occupancy taxes, which are eligible for beach cleaning. The capital funding for the equipment is on a lease -purchase basis. Council Member Kinnison asked about the beach sticker program and the funds that the county has already collected through it. Mr. Utter said the city cannot access those funds. Mr. Garcia said the county has an ethical responsibility to spend those funds on the beaches but only the Commissioners can answer whether or not they will do so. City Attorney Bray said the county has an obligation to spend the monies for beach -related services as defined by the General Land Office (GLO) regulations, which includes not only beaches but also recreational facilities they have. Mr. Garcia added that staff will meet with GLO representatives this Friday to further discuss ir Minutes - Regular Council Meeting December 11, 2001 Page 17 the program. Mr. Jorge Cruz-Aedo, Director of Financial Services, said the city's beach stickers should be ready in January. Mr. Bray said the GLO regulations state that in order to get a beach plan approved, governmental entities within a county have to provide reciprocity for beach parking. Mr. Cruz-Aedo said staff is contacting its utility billing collection areas, including the HEB stores, regarding the possibility of selling the city beach stickers at those locations. Council Member Chesney asked if it is known how much money the county has collected in beach permits and Mr. Garcia replied that they do not know. Mr. Chesney expressed frustration that just since April of this year, the county has opted to not enter into agreements with the city on three separate occasions. Mr. Garcia replied that city staff will continue to try to cooperate with county officials. Mayor Neal called for public comment. Mr. Abel Alonzo, 1701 Thames, said that while the Council cannot do anything regarding the actions of the County Commissioners, the citizens can through the election process. Mr. Chapa polled the Council for their votes on Items 39.f. and 39.g. as follows: 39.f. M2001-470 Motion to amend the annexation ordinance for Area F in Item B prior to second reading by: 1) Amending the ordinance and service plan by correcting the service plan for Area F, Section B1 and B2, address for Fire Station #15 from "1402" to "14402" Commodore Drive. 2) Amending the ordinance and service plan, Section B, by renumbering B6 and B7 as B7 and B8 and inserting a new B6 as follows: "B.6 Operation and Maintenance of Parks, Playgrounds and Swimming Pools -Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and the City's acceptance of said park. In the event any parks, playgrounds or swimming pools do exist, and the parks, playgrounds or public swimming pools are accepted as City -owned public facilities by the City of Corpus Christi, Texas, then they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. The City Council finds and determines that the property known as Lot One (1), Block One (1), Sunrise Shores, an unplatted sub- division, comprising approximately one (1) acre in area, has not been accepted by Nueces County as a public park, is not being accepted by the City of Corpus Christi as any type of public park and shall by annexed as private property." The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 39.g. ORDINANCE NO. 024697 Ordinance annexing Mustang Island Area F, Tracts 3A, 3B, 4 and 5 located between Minutes - Regular Council Meeting December 11, 2001 Page 18 Mustang Island State Park and the City of Port Aransas and contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions and rules, providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mr. Garcia said this annexation program is very forward -thinking and he appreciates the Council's support in bringing it to fruition. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 40, annexation plan for beach area of the Jones Tract. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 40. M2001-471 Motion approving an annexation calendar and authorizing staff to prepare service plan and City Council public hearings to consider annexation of approximately forty-four acres described as: Tract 1 - A publicly and privately owned strip of land with about 9,600 feet of gulf beach frontage, from the south most property line of Padre Balli County Park to a point 500 feet south of the south most property line of the Lawrence Jones Property. The width of the strip extends westward from the City Limit Line on the Gulf of Mexico, being the 1.37 - foot line above mean sea level to a point along the vegetation line approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Longoria and Noyola absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 41, water service on Mustang and Padre Islands. Mr. Utter explained that this item allows for properties on the island to be treated similarly (if not exactly the same) as the rest of the property in the city limits. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 41. FIRST READING ORDINANCE Ordinance amending Section 55.73 of the Code of Ordinances, City of Corpus Christi, regarding water service on Mustang and Padre Islands. Minutes - Regular Council Meeting December 11, 2001 Page 19 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Items 42-46 regarding zoning of the newly annexed areas. Mr. Utter said staff does not believe there are any objections to the proposed zonings. He said Area C is different in that one of the affected property owners, Mr. Laurence Jones Jr., hired expert land planners and a legal expert to develop a plan that has fewer population densities than what the Planning Commission or city staff would have recommended. He said they are requesting a special permit to move the densities around on the 1,260 -acre tract owned by Mr. Jones. Mr. Utter noted that Mr. Jones provided the Council with a map showing the proposed intensities and densities. Council Member Kinnison made a motion to open the public hearing on Items 42-46, seconded by Council Member Kelly and passed. City Secretary Chapa read the description of the proposed zonings and Mayor Neal called for public comment on each one. With regard to Item 43 (Area C), Mr. Laurence Jones Jr. thanked the Planning Department staff for their assistance. He said they intend to have a high-quality development that is sensitive to the needs of the environment. There were no other comments from the public or the Council. Council Member Kinnison made a motion to close the public hearing, seconded by Council Member Scott and passed. Mr. Chapa polled the Council for their votes on Items 42-46 as follows: 42. Case No. C1001 -1A. City of Corpus Christi (Annexation Areas A and B): Consideration of zoning on newly annexed territory to a "R -1B" One -family Dwelling District, located on the east side of East Riverview Drive, south of the Nueces River. Mr. Chapa said the Planning Commission and staff recommended approval of the "R -1B" District. ORDINANCE NO. 024698 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed tracts totaling 50.841 acres, designated as Areas A and B, by zoning as "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 43. Case No. 1001-2A. City of Corpus Christi (Annexation Area Cl: Consideration of zoning of newly annexed territory to "F -R" Farm -Rural District, "R -1B" One -family Dwelling District and "AT" Apartment Tourist District, located along South Padre Island Drive (Park Road 22), south of Sea Pines Drive. Mr. Chapa said the Planning Commission and staff Minutes - Regular Council Meeting December 11, 2001 Page 20 recommended approval of an "R -1B" District with a special permit for mixed use development on Tract 1.2; an "AT" District with a special permit for mixed use development on Tract 1.1; and an "AT" District on Tract 2. ORDINANCE NO. 024699 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed 1,282 -acre tract, designated as Area C, by zoning as "R -1B" One -family Dwelling District with a special permit for a mixed-use development on Tract 1.2; as "AT" Apartment -Tourist District with a special permit for a mixed-use development on Tract 1.1; and as "AT" Apartment -Tourist District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 44. Case No. 1001-3A: City of Corpus Christi (Annexation Area D): Consideration of zoning on newly annexed territory to a "F -R" Farm -Rural District, located on the west of State Highway 361 and south of the Corpus Christi Ship Channel. Mr. Chapa said the Planning Commission and staff recommended approval of the "F -R" District. ORDINANCE NO. 024700 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 919.17 -acre tract, designated as Area D, by zoning as "F -R" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 45. Case No. 1001-4A. City of Corpus Christi (Annexation Area E): Consideration of zoning on newly annexed territory to a "F -R" Farm -Rural District, located on the Gulf of Mexico at the Corpus Christi Ship Channel. Mr. Chapa said the Planning Commission and staff recommended approval of the "F -R" District. ORDINANCE NO. 024701 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed 13,128.45 -acre tract, designated as Area E, by zoning as "F -R" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Minutes - Regular Council Meeting December 11, 2001 Page 21 Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 46. Case No. 1001-5A, City of Corpus Christi (Annexation Area Fl: Consideration of zoning on newly annexed territory to an "AT" Apartment -Tourist District, located approximately 5,500 feet northeast of Mustang Island State Park to the city limit line (the southeast property line of the Windjammer Condominium) of the City of Port Aransas. Mr. Chapa said the Planning Commission and staff recommended approval of the "AT" District. ORDINANCE NO. 024702 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to the newly annexed tracts totaling 718 acres, designated as Areas F.1 and F.2, by zoning as "AT" Apartment -Tourist District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 47, and a motion was made, seconded and passed to open the public hearing on the street improvements for Southmoreland Addition and Hampshire Road. Mr. Fred Kemper said he owns the lots at 5596 and 5598 Hampshire Road. He said that in 1986 a woman circulated a petition in his neighborhood telling the residents that they would not have to pay for the improvements to Hampshire Road (including curbs and gutters). He said the current residents do not understand the information they have received from the city regarding the assessments for the proposed improvements. Mr. Angel Escobar, Director of Engineering Services, said that after the 1986 bond program, a petition was circulated for improvements to Hampshire Road. Currently there are 19 property owners on that portion of Hampshire Road and they were notified of their assessment. He said they were also notified that if they meet the qualifications, the CDBG grant program will pay for the cost of the assessment. He said the street is located in a CDBG-qualified area. Mr. Kevin Stowers pointed out that the petitions were re -validated two years ago when the project was initiated. Responding to Council Member Colmenero, Mr. Escobar explained that citizens' petitions for street improvements are funded on a "first-come, first -serve" basis as the monies become available, either through a bond issue or the CDBG program (such as with Hampshire Road). He said the petition is re -validated before the city goes out for bids on the construction. He said after the city receives bids and the construction amounts are determined, the property owners on the affected street are sent a letter informing them about their particular assessment and the date of the public hearing. Mr. Escobar said three property owners on Hampshire have already called requesting information about the CDBG grants. Minutes - Regular Council Meeting December 11, 2001 Page 22 Council Member Kelly said a letter that Mr. Kemper showed to the Council does not inform the property owners that the CDBG grants are available, much less how to apply for them. Mr. Escobar said staff can provide a follow-up letter to the owners. Council Member Kinnison asked about eligibility issues. Mr. Utter said the only people who are eligible for the CDBG grants for assessments are low-income property owners who live on the property being assessed. Mayor Neal asked what would happen if the items concerning the Hampshire Road project were tabled for a few weeks so staff can make a good -faith effort to talk to the neighbors. Mr. Escobar said the bids would be good through the middle of January. Mayor Neal then made a motion to table Items 47.b. and 47.d. until January 8, 2002 to allow staff to contact the affected persons on Hampshire Road. Council Member Garrett seconded the motion to table and it passed. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa then polled the Council for their votes on Items 47.a., 47.c. and 47.e. as follows: 47.a. ORDINANCE NO. 024703 Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Southmoreland Addition Street Improvements, Phase 3A, Lewis Street between Richard and Clemmer; and Southmoreland Addition Street Improvements, Phase 4A, Ramsey Street between Brawner Parkway and Norton Street; imposing assessments totaling $42,036.88 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessments payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 47.b. TABLED iQuiancc 61uS.flg ttic puL1ic Lcdiing On pi OpOSctl aascaanicntn lOf uLpiOvGucuta Lu the lluwuiy iway u' Cvipua lib 1, Nucct,a Cvuidy, Tcaaa. IlaiiiI) Rvad fiviii .S'tatc g SOLS t0141ct1nd Ldne, imposing g Dti /,411L.7(r asduisi P avuUuig uic uuYivvcuicuta, a11cc c0 ianwaya, auu y p y Vwlll, g yunuuciu v1 aaacaauic wuviuvua, opwuyuIK abacaauicin pay 47.c. M2001-472 Motion authorizing the City Manager or his designee to execute a construction contract in T Minutes - Regular Council Meeting December 11, 2001 Page 23 the amount of $664,099.25 with A. Ortiz Construction and Paving for Southmoreland Addition Street Improvements, Phase 3A, Lewis Street between Richard and Clemmer, and Phase 4A, Ramsey Street between Brawner Parkway and Norton Street. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 47.d. TABLED 47.e. M2001-473 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $477,777 with Reese Contracting Inc. for minor storm drainage improvements along Jester Street. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * 48.a. WITHDRAWN 'uLlic h..alingto cons.vat,at...g and aba„dotl;ng st<c.t (Uai%crm.ty Dilvc) right�-of-way u1alins 7,634.07 squa.e fct,t out of Lot 3 (1,599.05 s.f), Lot 4 (1,828.81 s.f.), and Lots 7B, • ••... • . 48.b. WITHDRAWN ding and adouuig sticct (Untveistty Di•vc) nghtb-ot-*ay tutallag 7,634. . . '1 •• • • (4,206.21 s.£), • • . . •.• : Minutes - Regular Council Meeting December 11, 2001 Page 24 48.d. WITHDRAWN ina„co va.atnlg 4 g aliuy «g1,tS-of way tutalmg 4,377.62 square flit Sp�Gi WS, Nl[. OG 1V11S. AVgLJS Ul dl.y, aRa Nll. tX. IDll S. 1 Lei 0111, LO I.ORitJ YLay YC. Ly * * * * * * * * * * * * * Mayor Neal referred to Item 49, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 49. Case No. 1101-02. Rod Packard: A change of zoning from a "B-3” Business District to an "I-2" Light Industrial District, Baywood Addition, Block 1, Lot 1, located on the southwest corner of South Padre Island Drive and Baywood Lane. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District and he noted that the 20% rule is in effect. Mr. Michael Gunning, Director of Planning, explained that the applicant is requesting the zoning change in order to legalize the existing outside tire repair services and outside tire storage occurring on the property. He said a zoning violation has been pending at Municipal Court for the past two years. He said the existing "B-3" District allows general business uses but no residential uses and it does not permit any outside storage, which the "I-2" District does allow. Mr. Gunning then showed slides of the subject and adjacent properties. Mayor Neal called for public comment. Ms. Mary Buhider said she owns Lot 4 and the east half of Lot 5, Block 5, Baywood Addition, which are adjacent and to the rear of the subject property. She said she also owns Lots 1,2,3,4 and 5 of Block 2, Baywood Addition, which are located across Baywood Drive. She said the subject property has old, used tires stacked all over and it resembles a junk yard. She said instead of complying with existing zoning regulations, the property owner is attempting to change the zoning to legalize its use. She said she is against changing the property to industrial zoning. Council Member Chesney made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Council Member Scott made a motion to concur with the Planning Commission's and staff's recommendation to deny the zoning change. The motion was seconded by Council Member Garrett. Mr. Chapa polled the Council and the motion passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 50, and a motion was made, seconded and passed to open the public hearing to consider amendments to Article 11, "AB" Professional Office District, and Article 33, Permits, Plats and Filing Fees. There were no comments from the audience. Mr. Chesney made Minutes - Regular Council Meeting December 11, 2001 Page 25 a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 50. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by amending Article 11, "AB" Professional Office District Regulations, by revising Section 11-2 Use Regulations; by amending Article 33 Permits, Plats and Filing Fees, by revising Section 33-1.03 Conditional Sign Permit - "AB" District. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda (Item 51), an update on city Internet "e -government" initiatives. Ms. Susan Cable, Director of Communications and Quality Management, explained that e -government has become the new service standard for both the public and private sectors because it provides 24-hour, 7 -days -per -week access, is physically convenient and fast. With regard to service delivery, the benefits are that e-govemment provides better record- keeping and shortens the process. Ms. Cable said that currently the city's job application is available on-line for the applicant to fill out, but it has to be printed and either mailed, faxed or brought back to the city. She said there is also GIS information available on-line as well as a citizen comment form. She said the challenges facing the city in its e -government initiatives are a lack of funding, backend systems and expertise. However, there are many competent external providers which offer flexible funding, interfacing with backend systems, hardware and technical expertise, experience and security. Ms. Cable said that focus groups were formed to provide input in the formation of the one- stop development center for building inspections and other processes. She said city staff has been negotiating with Texas Local Interactive, a service provider, to address the following target areas: utility bill payments and information; payment of traffic tickets and fines; job applications; and additional applications. She said a separate contract will be needed to provide building inspections and permits on-line. The next step will be to bring back a contract for the Council's consideration. Council Member Kinnison noted that several e -government providers promote their services at government conferences and he asked if staff had contacted them. Ms. Cable replied that they sent a request for proposals to a large number of providers and staff is interested in a company which can supply as many of the services as possible. Responding to Council Member Colmenero, Ms. Cable and Mr. Ogilvie Gericke, Municipal Information Systems Director, further described security procedures offered by Texas Local Interactive as well as web page information. * * * * * * * * * * * * * Minutes - Regular Council Meeting December 11, 2001 Page 26 Mayor Neal called for petitions from the audience. Ms. Ofelia Chavez, 6136 Hidden Oaks, said that in February 2000 her husband, Juan Serna, and a co-worker were hit from behind by Ms. Katie Rodriguez, daughter of Rene Rodriguez (an attorney) and Judge Nelda Rodriguez. Ms. Chavez said that Miss Rodriguez signed a note saying the accident was her fault. Ms. Chavez then went on to describe the expenses and lost wages her husband has incurred as a result of the accident and the difficulty they have had in finding an attorney to represent them. She said they are seeking assistance from elected officials to remedy the situation and will continue to publicize it. Mr. Jack Gordy, 310 Norton, said that one of the Council's executive session items that day was regarding John Doe v. City of Corpus Christi. He said that lawsuit was brought against the city because the City Manager did not want to comply with state law to release information regarding water users. He said in another instance, attorney Jorge Rangel billed the city for something but the information was blacked out in the copy Mr. Gordy received. He also referred to signs publicizing the bond projects. Ms. Crystal Lyons, 13901 Cabana, discussed a resolution that was passed by the Committee for Persons with Disabilities which supports the adoption and enforcement of Texas accessibility standards in the City of Corpus Christi. The resolution notes that one in every five Americans has a disability and those numbers will increase as people grow proportionally older; as a result, additional accessibility will be necessary. Mr. Leon Perez, 904 Buford, complained that Vector Control is not adequately dealing with the mosquito problem. City Manager Garcia described the actions that Vector Control takes. Mr. Abel Alonzo, 1701 Thames, commended the Mayor and Council for appointing a diverse group of people to the city's boards and committees. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said that next week the Council will have a joint meeting at noon with the board of the Crime Control and Prevention District followed by the Council's regular meeting. Mayor Neal said he was just informed that his daughter is expecting a child. He then called for Council concerns and reports. Mr. Garrett said one of the taxicab owners said he has had trouble locating the taxicab inspector to get his drivers permitted. Mr. Garcia said staff will provide a report. Mr. Garrett also asked Mr. Utter to provide an update on the Frost building downtown. Mr. Scott complimented staff on the annexation process and he asked about the status of the base closures. Mayor Neal said he did not have any new information. Mr. Scott also referred to the National Civic League's award program, and he suggested that the Council spend some time in January setting their agenda for the next few months. Mayor Neal replied that he would like to get past January 22nd first. Minutes - Regular Council Meeting December 11, 2001 Page 27 Mr. Chesney said he agrees with Mr. Scott regarding the need to set the Council's agenda for the coming months and he asked about the status of the marina RFPs. Mr. Garcia replied that staff received seven responses to the RFP and three of the respondents were interviewed. He said staff would like the Council to authorize them to negotiate a memorandum of agreement that will explore several issues before they make a final recommendation. He said they will make a presentation in January. Mr. Chesney asked about a proposal made by Mr. Leon Loeb. Mr. Garcia said he spoke at length with Mr. Loeb about the circumstances surrounding his proposal, which involves developing a corner of the marina rather than the whole marina area as requested in the RFP. A brief discussion ensued. Mr. Chesney also reported illegal activity at a house across the street from Corpus Christi Transfer, and he congratulated Mayor Neal, the outgoing president of the Texas Municipal League. Mr. Noyola asked for information about the status of the resolution in support of neighborhood improvements, and he commented favorably on an event sponsored by the Tejano Academy of Fine Arts. Mr. Colmenero reported a pedestrian accident across the street from Texan Trail and he expressed concern about safety issues there. He also asked for information about the revitalization of Louisiana Parkway and he announced that he was elected as an at -large representative for the Hispanic Elected Local Officials organization. Mr. Kelly complimented staff on negotiating landscaping improvements to Leopard Street, and he asked when the top coat will be constructed there. Mr. Escobar said it can be applied after it stops raining and the surface dries. He said it should take about three weeks to lay the hot mix. Mr. Kinnison agreed that the Council needs to hold a mini -retreat soon. Mr. Longoria asked about the status of the policy regarding a civilian union. Mr. Garcia replied that he met today with representatives of the United Steel Workers of America, who presented staff with a proposed agreement they would like the city to adopt. He said the union will be holding elections for officers on January 12, 2002. Responding to another question from Mr. Longoria, Mayor Neal said the newspaper reported that he and Mr. Garrett had withdrawn their support for the dues check -off issue. The Mayor said he cannot speak for Mr. Garrett, but he has not withdrawn his support for a policy to deal with the union. He said both issues will be coming back to the Council on January 22, 2002. In reply to Mr. Kinnison, Mr. Garcia said some Texas cities which have dues check -off also have written agreements with civilian unions. He said staff will be developing a policy that deals with unions. Mr. Chesney made the distinction that the Council directed staff to develop a general policy as opposed to an agreement with a specific union. Mr. Garcia emphasized that staffs recommendation all along has been against the formation of a civilian union, dues check -off and developing this policy. However, the Council directed him to develop a policy and he will continue to meet with representatives of any employee groups. He noted that on January 22, 2002, staff will bring back the dues check -off item and a policy on how to deal with unions. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:10 p.m. on December 11, 2001.