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HomeMy WebLinkAboutMinutes City Council - 02/08/2005I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of February 8, 2005, which were approved as amended by the City Council on February 15, 2005. WITNESSETH MY HAND AND SEAL, on this the 15th day of February, 2005. Armando Chapa City Secretary SEAL PRESENT Mayor Pro Tem Bill Kelly Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott ABSENT Mayor Samuel L. Neal Jr. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 8, 2005 - 10:02 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Pro Tem Kelly called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Damon Relder of the Wesley United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Kelly called for approval of the minutes of the regular Council meeting of January 25, 2005. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Pro Tem Kelly referred to the presentation on the day's agenda, an update on the design, implementation, and evaluation of the Wireless Fidelity (WiFi) and Automated Meter Reading (AMR) pilot projects. Director of Municipal Information Systems (MIS) Ogilvie Gericke stated the Council had recently contracted with PTI for the design and implementation of a AMR system pilot project and a broadband network pilot project. Both pilot projects, especially the WiFi broadband network project, had generated widespread interest throughout the country. He said numerous entities had contacted the city wishing to establish partnerships related to the WiFi project. Mr. Gericke introduced Dr. Costis Toregas, president emeritus of PTI, and MIS Business Unit Manager Leonard Scott, who would update the Council on the status of the pilot projects, and would also elaborate on the potential partnerships. Dr. Toregas updated the Council on the status of the physical mesh network deployment. He said 24 square miles of the city, and several areas to the east and west of downtown, were "live", or wired for WiFi. He mentioned a number of future improvements, including a transition from WiFi b -devices to g -devices to improve network speed, and the introduction of WiMax, a new Minutes - Regular Council Meeting February 8, 2005 - Page 2 technology beyond WiFi that would improve network speed and penetrate longer distances. Dr. Toregas provided an update on staffs progress with a number of applications. He mentioned an access protocol application that users needed to access the city's signal. Regarding the automated meter reading (AMR) pilot project, he reported the project was running smoothly, and had the potential to bring the city's water management system in the forefront. In addition, Dr. Toregas mentioned several priorities resulting from a brainstorming session with staff in which they were asked how the WiFi system could be used to improve the provision of city services. First, he said plans were underway to "web enable" the MAXIMO work management system so that it would be accessible to city employees through the WiFi network. Second, the city and the Regional Transportation Authority were discussing the possibility of providing bus kiosk updates through the WiFi system. Finally, staff was developing an WiFi- enabled application that would accelerate the building inspections process by as much as 15 to 20 percent. Mr. Leonard Scott added the application could allow for same-day approval for new home inspections. Dr. Toregas discussed the status of the city's negotiations with Intel. He said Intel was not only interested in the deployment of WiFi networks; rather, they were also interested in promoting the construction, creation, and development of new hardware and software devices using the WiFi system. Staff had already met with Intel representatives in December, and was planning another meeting in February. In addition, other corporations such Microsoft, Dell, and BlackBoard had expressed interest as well, increasing the city's economic development opportunities. Dr. Toregas provided an update on potential partnerships the city could engage in to promote the WiFi network. Locally, the city could potentially partner with SBC and Time Warner to serve as network managers. In addition, he mentioned the use of wireless internet service providers (WISP), companies that offer wireless internet service to a user, and suggested the city begin considering an entrepreneurial relationship with one or more WISPs. Nationally, besides the companies he had previously mentioned (Microsoft, Dell, and Intel), Dr. Toregas expected to see the city involved in more high-level, corporate relationships at the strategic and marketing levels. Dr. Toregas discussed four initiatives to promote the city's WiFi advantage throughout the country. He said the city has been featured in the local as well as the national press. In addition, the National League of Cities (NLC) initiated a dialogue between elected officials from France and the United States regarding public/private partnerships in the technology, transportation, and environment arena, attended by Council Member Cooper. Finally, he reported that the president of Intel made a presentation at the National Consumer Show (NCS) in Las Vegas, Nevada featuring Corpus Christi. Dr. Toregas elaborated on the essential elements of a public/private partnership, what he called the "wholesale model" business plan. First, he said the city would develop and own the WiFi infrastructure. Second, he strongly recommended that the city contract with the private sector to manage and service the applications. Third, the Intel Digital City initiative would provide strong applications that could drive the business model. Finally, he suggested the city retain the ability to deeply discount services to special groups such as school children and the elderly to bridge the digital divide by making the service more affordable. He also recommended that the city become Minutes - Regular Council Meeting February 8, 2005 - Page 3 an "anchor tenant", purchasing a major portion of the services from the network. In response to Ms. Cooper's question, Mr. Leonard Scott reported on a potential partnership with the Corpus Christi Independent School District (CCISD) to facilitate the exchange of information between parents, students, and the schools. Dr. Toregas discussed three components of the Digital City vision for Corpus Christi: efficient provision of services; a new economy and jobs for Corpus Christi; and healing the digital divide. To provide efficient services, Dr. Toregas stated it was important to have well-trained employees; a commitment to re-engineering; pilot programs; and secure transmissions. Regarding the new economy, he briefly mentioned the incubator concept, and said that the city's partnership with Intel was a good starting point. To heal the digital divide, he spoke about the city's potential partnership with CCISD and special treatment for certain populations, such as the children and the elderly. Dr. Toregas briefly outlined a number of outstanding items the city had not addressed, such as how to ensure the completion of the project, staffing and managing the WiFi cloud, and how to manage its partnerships. Dr. Toregas also mentioned various policy decisions the Council could anticipate making in the near future as follows: pricing the service; determining the extent of services and partnerships; setting performance measurement and defining success; privacy and security standards; and driving the Digital City as leaders. Dr. Toregas provided a financial update on the projects. He noted a small delay in the AMR pilot project due to inventory problems with meters. As a result, he said the city would probably need to extend its PTI contract at an additional cost of $100,000. The Digital City initiative would require $80,000 in city funding in the first four months for the following services: to interface with Intel and vendors/developers; to design and drive communications plan; to manage business plan implementation; and to train staff and provide local resources for application deployment. Dr. Toregas summarized the project goals as follows: to continue to lead the WiFi field for public relations benefits and a repositioned tourism advantage; to pilot new services and attract the nascent WiFi industry to Corpus Christi; to reduce the digital divide in partnership with CCISD and other partners; and to reduce city service costs and/or enhance service delivery. Dr. Toregas mentioned the next steps in the projects as follows: continued discussions with SBC and Time Warner; aggregation of WiFi services to track, manage, and promote Corpus Christi - based innovation; the results ofthe AMR pilot results in March; staffing for applications deployment and training of city staff in using the cloud; and the inclusion of stakeholders with a WiFi executive committee representing the broad community. Dr. Toregas also mentioned the city could now determine how to begin a return on investment analysis to study potential revenues, operating expenses, the earnings equation, net income, capital expenses, reserves and cash flow. Finally, Dr. Toregas briefly mentioned a list of reminders regarding upcoming issues as follows: Telco initiatives in Texas; the impact the resignation of FCC Chairman Powell would have Minutes - Regular Council Meeting February 8, 2005 - Page 4 on unlicensed spectrum politics; develop a win-win philosophy for partnerships; and taking adequate credit for the city's leadership position through a communications plan. Mr. Scott asked if the city was going to play a proactive role in developing the incubator concept. City Manager Noe replied affirmatively, saying staff had clearly stated during their negotiations with various technology companies that the most meaningful contribution the companies could make was to invest in jobs in Corpus Christi. Once the companies were in place, Mr. Noe stated they could potentially develop a synergistic relationship with the community that would intensify economic development. Mr. Colmenero asked about possible FCC regulation of WiFi technology. Dr. Toregas replied that since the city's WiFi technology was broadcasting under one watt of power, the FCC did not require licensing. He said, however, the FCC could change their stance at any time depending on the political winds; therefore, it would be prudent to monitor the situation. Mayor Pro Tem Kelly asked for a timeline on the expansion of the service to the more disadvantaged areas on the city's north side, such as the Agnes Street corridor and the Leopard Street corridor, since one of the stated project goals was to bridge the digital divide. City Manager Noe replied staffs recommendation on the WiFi project deployment would be in the capital budget, which the Council would consider in approximately one month. The project deployment was anticipated to take approximately 12 months. Mayor Pro Tem Kelly asked staff to be cognizant of the goal to bridge the digital divide when making their recommendations. City Manager Noe replied affirmatively, and added that CCISD will undoubtably choose schools in those disadvantaged areas for inclusion in their pilot project partnership with the city. * * * * * * * * * * * * * Mayor Pro Tem Kelly called for consideration of the consent agenda (Items 3 - 21). City Secretary Chapa announced that Council Member Kelly was abstaining from the vote and discussion on Item 13, and Council Member Noyola was abstaining from the vote and discussion on Item 20. Mr. Bill Kopecky, 3609 Topeka, requested that Item 12 be discussed. Council members requested that Items 3, 7, and 13 be discussed. A motion was made and passed to approve Items 3 through 21, constituting the consent agenda, except for Items 3, 7, 12, and 13, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2005-037 Motion approving the purchase of thirty workstations from Corporate Express, Corpus Christi, Texas in accordance with the United States Communities Government Purchasing Alliance for the total amount of $71,261.26. The furniture will be used by the Utility Business Office and the Call Center. Funds are available in the City Hall Capital Improvement Program Fund. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 5 5.a. RESOLUTION NO. 026130 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety in the amount of $13,600 for hazardous materials emergency preparedness planning activities in the No. 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 5.b. ORDINANCE NO. 026131 Ordinance appropriating $13,600 from the Texas Department of Public Safety in the No. 1062 Fire Grants Fund for hazardous materials emergency preparedness planning activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 6. RESOLUTION NO. 026132 Resolution authorizing the City Manager or his designee to submit of a grant application in the amount of $49,998 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws and to prevent youth access to, and illegal use of alcohol, with a City match of $23,800 in the No. 1061 Trust Fund, for a total project cost of $73,798. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 8. MOTION NO. 2005-039 Motion authorizing the City Manager or his designee to execute a construction contract with DMB Construction, of Corpus Christi, Texas in the amount of $351,087.80 for the Major Outfall Repairs - Phase 1, Part "A". The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 6 9. MOTION NO. 2005-040 Motion authorizing the City Manager or his designee to execute a construction contract with Coastal Resources, Ltd., of Corpus Christi, Texas in the amount of $544,823 for the Fair Oaks Drive Drainage Improvements and Leonard Drive/Mulholland Drive Drainage Improvements for Base Bid A, Base Bid B and Additive Alternate C. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 10. ORDINANCE NO. 026133 Ordinance amending Ordinance No. 024905 passed and approved on June 11, 2002 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on the following street: Woodlawn Drive from South Padre Island Drive (SPID) Westbound Frontage Road to McArdle Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 11. MOTION NO. 2005-041 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to a contract with Freese & Nichols, Inc., of Corpus Christi, Texas in the amount of $102,800 for engineering services for the fourth year of a Five Year Inspection and Monitoring Program at Wesley Seale Dam. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 14. MOTION NO. 2005-044 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument from the First Baptist Church of Corpus Christi for the acquisition of Parcels 1, 3, 4 and 5 in the total amount of $60,527, each parcel containing both a Utility and Temporary Construction Easement, necessary for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1 Project (#2174), and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 7 15. MOTION NO. 2005-045 Motion authorizing the City Manager or his designee to provide $2,500 from the Permanent Art Trust Fund for the partial acquisition of"Journey's End", a sculpture from Kent Ullberg, for display at Seagull Park on Padre Island. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 16. ORDINANCE NO. 026134 Ordinance authorizing the City Manager or his designee to execute a Lease Agreement with the Southside Little Miss Kickball for the use of city property known as Jerry Smith Fields and in consideration of Southside Little Miss Kickball maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 17. ORDINANCE NO. 026135 Ordinance authorizing the City Manager or his designee to execute a five-year Lease Agreement with the West Corpus Christi Rotary Club for the use of city property near McKenzie Road and Allison Drive by the Boy Scouts and in consideration of the Rotary Club maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 18. RESOLUTION NO. 026136 Resolution exempting River Ranch Estates Subdivision from payment of Wastewater Acreage Fees pursuant to Section V. B. 6. I of the Platting Ordinance. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 8 19. ORDINANCE NO. 026137 Ordinance abandoning and vacating 4,280 -square feet of a 30 -foot wide utility easement out of Lot 1, Block 1, Taylor Best Plaza, located south of Northwest Boulevard (Farm -to -Market Road 624) and west of County Road 69; requiring the owner, Jack Taylor, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 20. ORDINANCE NO. 026138 Authorizing the City Manager or his designee to execute a Long -Term Lease Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage Services, Inc. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and a percentage rent for a term of ten years with a five year option to renew upon agreed terms. (First Reading 01/11/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Scott, voting "Aye"; Neal was absent; Noyola abstained. 21. ORDINANCE NO. 026139 Amending Code of Ordinances, Chapter 2, Article IV, Division 12, Small Business Advisory Committee regarding membership and duties. (First Reading 01/25/05) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mayor Pro Tem Kelly opened discussion on Item 3 regarding a supply agreement with McGinnis Industrial Sales, Inc. for gas meters. Mr. Kinnison noted that a number of low bidders were disqualified because their equipment was not adaptable to the automated meter reading (AMR) system. He asked if this had resulted in the $17 per unit price increase. Procurement and General Services Manager Michael Barrera replied affirmatively, but said staff was recommending a short- term contract of six months with extension options if necessary. The AMR system required that the meter register accommodate a direct mount to the hexagram STAR meter transmitting unit (MTU), an AMR device that allows the meter to be read electronically. The hexagram STAR MTU manufacturer had committed to develop an MTU module that will fit on the low bidder's meters. If they could accomplish this within the six-month time frame, then Mr. Barrera said staff would re- bid the meters and hopefully restore the previous price levels. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 8, 2005 - Page 9 3. MOTION NO. 2005-036 Motion approving a supply agreement with McGinnis Industrial Sales, Inc., of Houston, Texas for approximately 1,750 gas meters in accordance with Bid Invitation No. BI -0046-05, based on low bid meeting specifications for an estimated six month expenditure of $91,000. The term of the agreement shall be for six months with an 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. Funds have been budgeted by the Gas Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mayor Pro Tem Kelly opened discussion on Item 7 regarding the Clarkwood North Force Main Project. Mayor Pro Tem Kelly asked if the project would increase the water capacity or the service area in Clarkwood. City Engineer Angel Escobar replied negatively, saying the work was designed to address frequent overflows at the intersection of Leopard and Rand Morgan Streets, where the Clarkwood North Lift Station's force main currently emptied out. The proposed project consisted of installing a new sanitary sewer force main along Leopard Street which would carry sewage from the existing Clarkwood North Lift Station and deposit it into the sewer system on Turkey Creek instead of Leopard and Rand Morgan Streets. In response to Mayor Pro Tem Kelly's question, City Engineer Escobar said the city would not be able to increase the service area until additional sewer lines running into the lift station were installed. Mr. Garrett noted there were a number of businesses in the area that did not have wastewater services, and asked if the project would expand services to them. City Engineer Escobar replied negatively, but said the project would sufficiently increase the capacity of the lift station so that eventually, the city could extend sewer lines flowing into the lift station from those businesses. Assistant City Manager Ron Massey added the new lines would have to be funded through the capital budget. Historically, he said the city has not extended wastewater service lines into other areas because the funding priorities were to expanding lift stations or replacing failed systems. Most of extensions to the system were being accomplished by developers. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2005-038 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $898,872 for the Clarkwood North Force Main Project. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Neal were absent. Mayor Pro Tem Kelly opened discussion on Item 12 regarding a traffic engineering consulting services contract. Mr. Bill Kopecky, 3609 Topeka, assumed much of the consulting would be targeted toward the Alameda Street hospital zone, and he suggested staff contact St. Patrick's Church before moving the crosswalks in front of the church per staffs recommendation. Minutes - Regular Council Meeting February 8, 2005 - Page 10 City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2005-042 Motion authorizing the City Manager or his designee to execute a contract with Wilbur Smith Associates, of Dallas, Texas in an amount not to exceed $29,750 for traffic engineering consulting services on an as needed basis. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Neal were absent. Mayor Pro Tem Kelly opened discussion on Item 13 regarding the construction of Whataburger Field, the city's minor league baseball stadium. Mr. Kinnison noted the item was providing additional funding of approximately $361,000 for the construction, to be taken out of the construction contingency account. Therefore, the expense and the project itself were well within the budget, contrary to popular belief. He asked if staff anticipated any additional change orders. City Manager Noe replied affirmatively, saying staff expected no more than two additional change orders. He said a number of the items in the change order represent changes requested by the baseball team, in which case the city could approach the team for reimbursement. The anticipated completion date for the project was in April 2005. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2005-043 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the Construction Manager at Risk Contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $361,369 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,153,304 for construction for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent; Kelly abstained. * * * * * * * * * * * * * Mayor Pro Tem Kelly referred to Item 22.a., and a motion was made, seconded and passed to open the public hearing on the following alley closure: 22.a. Public hearing to consider abandoning and vacating a 1,250 -square foot portion of a 10 -foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street). Director of Development Services Barbara Holly explained Mr. Alfonso Quintero was requesting the 1,250 -square foot alley behind his place of business be closed to address a continuous Minutes - Regular Council Meeting February 8, 2005 - Page 11 theft problem at his business. He believed the alleyway was being used for criminal activities. Ms. Holly said the city was requesting the entire alley remain as a utility easement because there was a two-inch water line and a water meter within the alley right-of-way. She said the water meter would need to be relocated out of the abandoned area at the owner's expense. In conclusion, she said staff was recommending approval. No one appeared in opposition to the alley closure. Mr. Kinnison made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 22.b. FIRST READING ORDINANCE Abandoning and vacating a 1,250 -square foot portion of a 10 -foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. * * * * * * * * * * * * * Mayor Pro Tem Kelly referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-07, Citgo Corpus Christi Refining and City of Corpus Christi: A change of zoning from an "R-1 B" One -family Dwelling District, "R -1C" One -family Dwelling District, "R-2" Multiple Dwelling District and "A-1" Apartment House District - Tract -1 and from "R -1B" One -family Dwelling District on Tract - 2 to an "I-2" Light Industrial District on Tract -1 and to an "I-3" Heavy Industrial District on Tract - 2 located north of Interstate Highway 37, south of Gibson Street, east of Poth Lane and west of Buddy Lawrence Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "I-2" Light Industrial District on Tract - 1 and approval of the "1-3" Heavy Industrial District on Tract - 2. Assistant Director of Development Services Michael Gunning explained Citgo Refining was requesting a change of zoning on approximately 57 acres of land representing the majority of what was known as the Oak Park Triangle. This was formerly a residential area, primarily comprised of single-family residences with a mix of residential zoning. The subject property consisted of 35.26 - acres on Tract -1 and 22.20 acres on Tract -2. The property was bounded on the north by Gibson Street, on the east by Park Lane, on the west by Buddy Lawrence Drive, and on the south by IH -37. Citgo had been in the process of acquiring all the single-family owned lots in the area, with only two occupied lots remaining in Tract l on Oak Park and Retama Avenues that were zoned "R -1B". Since the two residential lots were not owned by Citgo Refining, the City of Corpus Christi was initiating the rezoning of those lots for land use consistency. Citgo was in the process of negotiating with the property owners to purchase their properties. Finally, Mr. Gunning reported nine notices Minutes - Regular Council Meeting February 8, 2005 - Page 12 were mailed to the subject property owners with respect to this case, and no notices were received in favor or against. Mr. Gunning stated the area comprehensive plan recommended that any new heavy industrial uses/zoning should not be closer than 1,000 feet from the IH -37 right-of-way, in order to protect the city's primary emergency evacuation routes. The proposed "I-3" Heavy Industrial District on Tract - 2 was located 1,000 from IH -37 and therefore met the plan recommendation. He said Citgo planned to use both tracts for lay down pipe storage and parking lots. Mr. Gunning said the unoccupied properties located before the proposed "I-2" area and the IH -37 frontage road were owned by Citgo and were currently zoned "R -1B". He said Citgo planned to retain the "R -1B" zoning at this time. Mayor Pro Tem Kelly asked for public comment. The following individuals spoke in opposition to the zoning change because the area neighborhoods had not been adequately notified: Mr. Andrew DuArte and Mr. Henry Williams with the Hillcrest Residents Committee; and Mr. Robert Avery Jr. Mr. Jerome Bradford expressed concern that the two remaining property owners in the Oak Park Triangle were being forced out, and he asked for information on any safety issues related to the project. Mr. Abel Alonzo asked for information on the financial impact the project would have on the community, and was surprised staff had not made more attempts to inform the neighborhood. Mayor Pro Tem Kelly asked if the Hillcrest area was in the notification area required by law. Mr. Gunning replied negatively, saying the city was required to send notices to residents within a 200 -foot radius of the subject property. The Hillcrest area was located well outside the required notification area. Mr. Noyola spoke against staffs recommendation because he felt staff may have rushed the zoning case through without obtaining neighborhood input, especially since these neighborhoods had already experienced many difficult changes. He proposed tabling the item for 30 days to allow Citgo to meet with area residents. Mr. Govind Nadkarni, representing Citgo Refining, explained Citgo was planning a $350 million expansion of their facilities to treat gasoline and diesel fuel. He said Citgo began acquiring the lots in the subject area in 1996 with the intent to create a buffer zone. Citgo and city staff had decided that the first 300 feet of the area would be a buffer zone with "B-3" zoning. Out of this 300 - foot portion, the first 50 feet would be landscaped. He said, however, that Citgo had not fully acquired this area yet, so it was not included in the current zoning change request. Mr. Nadkarni stated Tract -1 (proposed "I-2" zone) and Tract -2 (proposed "I-3" zone) were mainly going to be used as a pipe lay down storage yard and parking areas, since the proposed expansion would require an extensive amount of pipes and other materials to be utilized for the construction. Once the project was completed, the property would probably remain empty. In the unlikely event that Citgo wished to change the property use in the "I-3" district, then the matter would have to be brought to the Zoning Board of Adjustment for approval. He emphasized no permanent structures were going to be built on the subject property. Minutes - Regular Council Meeting February 8, 2005 - Page 13 Mayor Pro Tem Kelly asked how long the construction was anticipated to last. Mr. Nadkarni replied the construction phase was anticipated to last approximately three years. Mayor Pro Tem Kelly asked if it was necessary for Citgo to obtain a zoning change for a temporary storage use. Mr. Gunning replied affirmatively, saying the turnaround for the project required the refineries to use the space at least once a year, and the "I-3" zone was the appropriate zoning for this use. Mr. Scott noted this project was part of an incentive package the city had developed for Citgo totaling $800 million. He was disappointed that Citgo did not make an attempt to meet with the area residents about the project. He stated, however, that based on Mr. Nadkarni's comments, it appeared Citgo's plan was addressing neighborhood concerns for a buffer zone and landscaping. He felt it was important that the city honor its commitment to Citgo. In response to Mr. Noyola's question, Mr. Nadkarni replied that if the Council wished to table the item to allow for a neighborhood meeting, Citgo would comply. He said the project could still meet the project schedule even with the delay. A motion was made, seconded, and passed to close the public hearing. Mr. Noyola made a motion to table this item for 14 days to allow Citgo to meet with the Oak Park and Hillcrest area residents about the project, and then schedule the item for Council consideration within 21 days, seconded by Mr. Colmenero. Mayor Pro Tem Kelly asked Mr. Noyola if he would accept an amendment to his motion to schedule the item for Council consideration by the last meeting in February (February 22). Mr. Noyola and Mr. Colmenero agreed to the amendment. City Secretary Chapa polled the Council for their votes on the motion to table as follows: Kelly, Colmenero, and Noyola, voting "Aye"; Chesney, Cooper, Garrett, Kinnison, and Scott, voting "No"; Neal was absent. The motion to table failed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 026140 Amending the Zoning Ordinance, upon application by Citgo Corpus Christi Refining and the City of Corpus Christi by changing the zoning map in reference to Tract - 1 being 35.26 acres out of a portion of Oak Park, Grace Heights, Oak Lawn and Harbor View Estates Subdivisions from "R -1B" One -family Dwelling District, "R -1C" One -family Dwelling District, "R-2" Multiple Dwelling District and "A-1" Apartment House District to "I-2" Light Industrial District and Tract -2 being 22.20 acres out of Harbor View Estates Subdivision, from "R -1B" One -family Dwelling District to "I-3" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Colmenero, Kelly, and Noyola, voting "No"; Neal was absent. * * * * * * * * * * * * * Mayor Pro Tem Kelly opened discussion on Item 24.a., and a motion was made, seconded, Minutes - Regular Council Meeting February 8, 2005 - Page 14 and passed to open the public hearing on the readoption of the ordinance relating to the curfew for minors. No one spoke in opposition to the readoption of the ordinance. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Randy Stoneroad, the police legal advisor, reported that Section 370.002 of the Local Government Code required the city to either abolish, continue, or modify the juvenile curfew ordinance every three years. He said Chief of Police Pete Alvarez was recommending the ordinance be continued in its present form, noting a minor change in the numbering of the ordinance but otherwise no substantive changes. A motion was made, seconded, and passed to re -open the public hearing on the readoption of the curfew for minors. Mr. Abel Alonzo, 1701 Thames, spoke in support of the juvenile curfew ordinance. Mr. Garrett made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Joe Alley with the Nueces County Juvenile Department and Municipal Juvenile Court Judge Deanie King also spoke in support of the juvenile curfew. Mr. Scott mentioned he had met with representatives from the Big Brothers/Big Sisters program in San Antonio, and they had expressed interest in reinstating a program in Corpus Christi. He said he would put them in contact with Judge King. He also stated the City of San Antonio provided funding to their Big Brothers/Big Sisters program, and although the City of Corpus Christi may not be able to follow suit, they could potentially offer an in-kind contribution. City Secretary Chapa polled the Council for their votes as follows: 24.b. ORDINANCE NO. 026141 Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Section 33-40, 33-41, 33-42, and 33-43. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. * * * * * * * * * * * * * Mayor Pro Tem Kelly called for petitions from the audience. Ms. Michelle Jones with CWI spoke regarding her concerns about an SBC announcement that they were going to relocate more than 124 jobs from Corpus Christi to other cities. Ms. Sherry Dunlap, 5825 Hopkins Road, spoke regarding her concerns about the animal overpopulation problem in the city, and her concerns about the animal care facility operations. Mr. Abel Alonzo, 1701 Thames, spoke in support of the smoking prohibition ordinance the Council had recently passed. Minutes - Regular Council Meeting February 8, 2005 - Page 15 Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about staffs processing of the Cable Communications Commission meeting agenda. Mayor Pro Tem Kelly asked for a brief recess to present an At Your Service award. * * * * * * * * * * * * * The Council returned from recess, and Mayor Pro Tem Kelly called for the City Manager's report. City Manager Noe reported effective today, City Hall was now wired for wireless intemet. Regarding the Neighborhood Initiative Program (NIP), he said Site 8 in the Molina area was completed. This week, he said the NIP Site 9 effort would begin with a meeting this Thursday at 6:00 p.m. at Crockett Elementary School. The NIP Site 9 area was bordered by Baldwin, Greenwood, Horne, South Port, and the Crosstown Expressway. Mr. Noe reported the Council would consider the following items on next week's agenda: second reading of the public access ordinance; and consideration of the R.T.A. trolley issue. Mayor Pro Tem Kelly recognized two Boy Scouts who were in the audience. He also asked City Manager Noe to look into creating a scholarship database accessible through the city library system. City Manager Noe replied he was surprised a scholarship database did not already exist, but staff would look into it. Mayor Pro Tem Kelly called for Council concerns and reports. Ms. Cooper reported a higher incidence of graffiti tagging on stop signs, and she asked staff to look into it. City Manager Noe replied he had not heard of any unique activity, but the police department and code enforcement staff had been asked to report graffiti occurrences. Ms. Cooper announced the next town hall meeting would be held on Monday, March 7 at 7:00 p.m. in Baker Middle School. Mr. Noyola said he had dined at a restaurant yesterday for the first time since the smoking prohibition ordinance went into effect. As a smoker, he said he did not have any problem complying with the ordinance. However, he asked who was fined if a citizen refused to refrain from smoking in a restaurant after being warned. City Manager Noe replied if a restaurant owner or a citizen called in a complaint about a restaurant patron who was not complying with the ordinance, the offender would be cited, not the restaurant owner. He said a restaurant owner would only be fined if he/she refused to comply with the ordinance, or refused to post signs regarding the ordinance in their establishment. There being no further business to come before the Council, Mayor Pro Tem Kelly adjourned the Council meeting at 12:40 p.m. on February 8, 2005. * * * * * * * * * * * * *