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HomeMy WebLinkAboutMinutes City Council - 04/15/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of April 15, 2003, which were approved by the City Council as amended on April 22, 2003. WITNESSETH MY HAND AND SEAL, this 22nd day of April 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 15, 2003 - 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff: Acting City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Chaplain Charles Soto with NAS Corpus Christi and the Pledge of Allegiance to the United States flag was led by Mayor Pro Tem Henry 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. Mayor Neal called for approval of the minutes of the special Council meeting of April 8, 2003 and the regular Council meeting of April 8, 2003. A motion was made and passed to approve the minutes as presented. rra*s**aa**s* Mayor Neal called for consideration of the consent agenda (Items 2-17). Council members requested that Items 3, 7 and 13 be discussed. There were no comments from the audience. A motion was made to approve Items 2-17, constituting the consent agenda, except for Items 3, 7, and 13, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". (NOTE: An emergency was declared for items 10b, 12, and 14) 2. MOTION NO. 2003-141 Motion approving the purchase of thirty-six vehicles consisting of 32 pickup trucks and 4 cargo vans from the following companies, for the following amounts, in accordance with Bid Invitation No. BI -0053-03, based on low bid and low bid meeting specifications. The vehicles will be purchased for Engineering, Maintenance Services, Water, Storm Water, Wastewater and the Gas Department. All vehicles are replacement units. Funds are budgeted in Maintenance Services and Engineering Services. Vista Chevrolet Corpus Christi, TX Bid Items 2, 4 — 10, 12 & 13 Creveling Dodge Corpus Christi, TX Bid Item I Minutes - Regular Council Meeting April 15, 2003 - Page 2 $306,729 Allen Samuels Chevrolet Corpus Christi, TX Bid Item 3 $49,160.08 4. MOTION NO. 2003-143 $183,391 Crosstown Ford Corpus Christi, TX Bid Item 11 $16,391 Grand Total: $555,671.08 Motion authorizing the Acting City Manager or his designee to execute a consultant contract with Coym, Rehmet, Gutierrez Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $68,407 for the Holly Road Pump Station Structural and Mechanical Improvements. 5. MOTION NO. 2003-144 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Lowman Services, Inc. of Robstown, Texas in the amount of $66,169.93 for the Minor Storm Drainage Improvements on Sharpsburg Road. 6. MOTION NO. 2003-145 Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2 to the consultant contract with Russell Corrosion Consultant, Inc. of Simpsonville, Maryland in the amount of $73,593.40 for the Mary Rhodes Memorial (Lake Texana) Pipeline. 8. MOTION NO. 2003-147 Motion authorizing the Acting City Manager or his designee to execute a Utility Easement Instrument with Richard L. Ocker, Donald A. Ocker, and A.D.D. Corporation, a Texas Corporation, in the amount of $47,500, for Parcels 47 and 48, both necessary for the Southside Water Transmission Main, Phase 3 Project, and for other municipal purposes. 9. MOTION NO. 2003-148 Motion authorizing the Acting City Manager or his designee to execute an engineering services contract with LNV, Inc. dba Smith, Russo & Mercer of Corpus Christi, Texas in the amount of $510,000 for the O.N. Stevens Water Treatment Plant Analysis. 10.a. MOTION NO. 2003-149 Motion authorizing the Acting City Manager or his designee to accept a grant in the amount of $52,803 awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program. Minutes - Regular Council Meeting April 15, 2003 - Page 3 10.b. ORDINANCE NO. 025255 Ordinance appropriating a grant in the amount of $52,803 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program. 11. RESOLUTION NO. 025256 Resolution authorizing the Acting City Manager or his designee to submit a grant application to the Texas Department of Public Safety Division of Emergency Management, in the amount of $40,000, under the FY2003 Pre -Disaster Mitigation Program, to develop a Pre - Disaster Mitigation Action Plan, with a City in-kind match of $13,333, and a total project costs of $53,333. 12. ORDINANCE NO. 025257 Ordinance authorizing the resale of sixty-nine (69) properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts equal to prices listed on the attached Exhibit A. 14. ORDINANCE NO. 025259 Ordinance authorizing the Acting City Manager or his designee to execute a one-year lease with Czech Heritage Society of South Texas, a non-profit corporation, for the use of the Jalufka House located in Heritage Park and in consideration of the Czech Heritage Society of South Texas maintaining the premises and improvements. 15.a. FIRST READING ORDINANCE Authorizing the Acting City Manager or his designee to execute a three-year lease with the Irish Cultural House, Inc., a non-profit corporation, for the use of the McCampbell House located in Heritage Park and in consideration of the Irish Cultural House, Inc. maintaining the premises and improvements. 15.b. FIRST READING ORDINANCE Authorizing the Acting City Manager or his designee to execute a three-year lease with the H. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use of the Littles- Martin House located in Heritage Park and in consideration of H. Boyd Hall Branch of the NAACP maintaining the premises and improvements. 16.a. ORDINANCE NO. 025260 Second Reading Ordinance - Amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Chapter 10, Beachfront Management and Minutes - Regular Council Meeting April 15, 2003 - Page 4 Construction, Code of Ordinances, City of Corpus Christi, regarding the permitting process for master plan developments, dune protection permits, beachfront construction certificates, and concurrent dune protection permits/beachfront construction certificates, authorized animal control measures on Gulf of Mexico beaches, restrictions on vessels operating from Gulf of Mexico beaches, regulation of vendors on Gulf of Mexico beaches, regulation of beach festivals, and editorial changes; and providing for penalties. (First Reading - 4/8/03) 16.b. ORDINANCE NO. 025261 Second Reading Ordinance - Amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune Protection and Beach Access Regulations, by revising the titles of Appendices V, VIII, and XI, by revising the application process flow charts in Appendices IV and V, and by adding application forms for beachfront construction certificates and concurrent dune protection permits/beachfront construction certificates to Appendix V, and by adding a copy of the Interlocal Cooperation Agreement between the City of Corpus Christi, City of Port Aransas, and County ofNueces relating to the Mustang and North Padre Island Beach Parking Permit System as Appendix VIII; and providing for an effective date. (First Reading - 4/8/03) 17. ORDINANCE NO. 025262 Second Reading Ordinance - Amending the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Section 17-1.3, Electronic Payment Use Fees; setting a rate of 3% for Electronic Payment of Municipal Court Fines. (First Reading - 4/8/03) Mayor Neal opened discussion on Item 3 regarding the Wastewater Clean -Out Installation Program. In response to Council Member Kelly's question, City Engineer Angel Escobar confirmed that the city was bidding for the completion of 700 clean -outs this year. He added that the city undertakes this program annually, and in the past the city has bid for as few as 200 per year. This year, the city has increased the amount. Wastewater Superintendent Foster Crowell said that the program has been existence since 1994 and that it allows the wastewater crews to address problem areas. He said that there are approximately 35,000 customers, about half the customers of Wastewater, who do not have clean -outs. If these customers have problems with their sewer lines, crews go to their homes and then must try to locate the line, which is very time consuming. With a clean-out in place, he said it is easy to determine if the malfunctioning line is private or public. Mr. Crowell said that the clean -outs expedite the work for the crews and so they plan to complete a few a year to keep up with the department's workload. Mr. Kelly asked if the 700 clean -outs were comprised of customers that Wastewater has serviced in 2002 or what was anticipated for 2003. Mr. Crowell replied that it was simply a number they decided on funding this year to accelerate the program. He said that they have a long waiting list and they give priority to those with a recurring problem. Council Member Cooper asked if the sewer systems in newer homes were equipped with clean -outs. Mr. Crowell answered affirmatively. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2003-142 Minutes - Regular Council Meeting April 15, 2003 - Page 5 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Rycon E & C, LLC of Kingsville, Texas in the amount of $335,370 for the Wastewater Clean -Out Installation Program FY2002-2003. The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened the discussion on item 7 regarding claim support services for the City Hall water intrusion damage analysis. Council Member Cooper asked for a status report on this claim. Kevin Stowers, Assistant Director of Engineering, said that the Legal Department was pursuing this claim with the Texas Municipal League. Acting City Attorney Reining said that the claim would be scheduled for an executive session. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2003-146 Motion authorizing the Acting City Manager or his designee to execute an agreement with Rimkus Consulting Group, Inc., of Corpus Christi, Texas in an amount not to exceed $50,000 for claim support services related to City Hall water intrusion damage analysis. The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened the discussion on item 13, regarding the appropriation of $225,613.26 in interest and miscellaneous earnings in various bond funds. Council Member Kelly asked if the monies were unanticipated or if they constituted monies not spent on different projects. Mark McDaniel, Director of Management and Budget, said that in most cases they were residual interest earnings from projects that had already been completed. He said that the interest earned must be applied toward debt as prescribed by the bond ordinances. He said the funds were old and needed to be closed out. Acting City Manager Noe added that these funds were a burden on the accounting system and needed to be taken off the books. In response to Mr. Kelly's question, Mr. Noe said the money could not be used for another purpose. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 025258 Ordinance appropriating $225,613.26 in interest and miscellaneous earnings in various bond funds as detailed in the attached Schedule A to close funds and pay outstanding debt service; amending FY2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $225,613.26. An emergency was declared and the foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Minutes - Regular Council Meeting April 15, 2003 - Page 6 Mayor Neal opened discussion on Item 18 regarding a resolution in support of the President and the Armed Forces serving in the current international conflict. Acting City Manager Noe introduced Chaplain Charles Soto from NAS Corpus Christi, who reported on the Family Support Group Program to support the families of those servicemen and women who have been called to active duty. Council Member Chesney commented that the resolution was not a statement of pro - or anti- war sentiments amongst the Council. Rather, the resolution was in support of our troops and our President in this time of conflict. Council Member Scott thanked Acting City Attorney Reining for drafting the resolution, saying it was well-written. He also thanked local businesses for supporting the military and the nation. Mr. Joe Benavidez, 2421 Cleo Street, said he was a 20 -year veteran of the Marines and he spoke in support of the resolution. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 025263 Resolution expressing support for the President and Armed Forces of the United States, including all the parents, sons, daughters, spouses, and other Americans serving our nation at this time of conflict. The foregoing resolution passed by the following votes: Neal, Chesney, Colmenero , Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye". Acting City Manager Noe added that the city is working with Chaplain Soto and he said that people seeking assistance or wanting to volunteer can call 961-3751 for more information. Mayor Neal opened the discussion on item 19 regarding the Texas National Estuarine Research Reserve. Assistant City Manager Ron Massey introduced Dr. Paul Montagna of the University of Texas Marine Science Institute to report on this program to establish a site for a national estuarine research reserve along the Texas coast. Dr. Montagna provided some background information on the program. He said that because Texas adopted the Coastal Management Program in 1997, that made the city eligible for the program without any additional environmental regulations. There are approximately 25 sites around the country but none in the Gulf of Mexico. The goal of the program is to identify and track long-term changes in a relatively natural setting. The benefits of the program would be to bring new money to the State, create new opportunities and foster cooperation with other partners. A site evaluation committee comprised of a broad group of leaders in the coastal zone of Texas, including Assistant City Manager Ron Massey, used specific site selection criteria to rank 15 nominated sites. The final analysis showed that the Aransas Bay and Copano Bay areas scored the highest. However, the committee also selected a satellite site in the Nueces Delta, in part because it was near a major river and had received unanimous nominations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 025264 Resolution supporting the establishment and funding of the Texas National Estuarine Research Reserve in the Texas Coastal Bend Region by the National Oceanic and Atmospheric Administration. Minutes - Regular Council Meeting April 15, 2003 - Page 7 The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for discussion on item 21 regarding the increased costs of natural gas. Debbie Marroquin, Gas Superintendent, reported that an additional $7,911,792 was needed to purchase gas for the remainder of FY 2002-2003. Ms. Marroquin explained that the increase in the cost of gas was due to a change in the supply and demand of gas. She said that gas exploration and gas production were down while the demand for gas due to high oil prices, the war and cold winters was up. Last year, Ms. Marroquin said gas prices were at about $2 per MCF, while now they are up to $8 or $9. She stressed that the city makes no profit from high prices; rather, it is a pass through cost. Unfortunately, customers will see higher utility bills as a result, as much as 90% higher. Council Member Kinnison asked if the city had an assistance program in place to help customers unable to pay their bills. Ms. Lee Ann Dumbauld, Finance Director, said that the utility billing office has received a high number of calls from customers about the high bills and she said that staff is working with those customers to spread the payments out over time. She said that staff is also considering a new program to provide cost averaging for gas customers over the year, which they will bring to Council later. Mr. Noyola asked if the city was able to buy gas in bulk. Ms. Marroquin said that the city pays for gas on a monthly basis but the gas is purchased continuously. She said that buying gas in bulk is possible, but that it was risky because of the volatility of gas prices. Once the city is locked into a price, they may see prices go down yet they are still required to pay a higher price. Acting City Manager Noe added that since gas prices are so high, it would not be a good time to lock into a price now. As the market goes down, he said that staff could consider locking into a lower price. Council Member Scott asked what the long-term outlook for gas prices was over the next two years. Ms. Marroquin responded that forecasts were only available for a one-year time period, and that current predictions indicated that gas prices would go down to about $6 per MCF in the summer. Council Member Kinnison asked staff to look at what other cities are doing to see how many are buying strictly at market or balancing their purchases with 50% long-term contracts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 025265 Ordinance appropriating $7,911,792 from increased revenues in the Gas Fund No. 4130 due to increased cost of Natural Gas Purchases; amending the FY 2002-2003 Budget adopted by Ordinance No. 024130 by increasing both revenues and expenditures to the Gas Fund No. 4130 by $7,911,792, for the increased costs of Natural Gas Purchases. An emergency was declared and the foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye". Mayor Neal opened discussion on item 21 regarding the city's Investment Policy. Ms. Lee Ann Dumbauld, Finance Director, said that due to the large number of bonds sales that the city has recently undertaken, staff has asked Mr. Jeff Leuschel, Bond Counsel, to review the city's Investment Policy to ensure that it was up-to-date and compatible with the city's outstanding bond issues. She said that all of his recommendations were compliance and language items, and he did Minutes - Regular Council Meeting April 15, 2003 - Page 8 not recommend anything unusual or out of the ordinary from the city's normal practices. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025266 Resolution amending the City Investment Policy to allow guaranteed investment contracts for bond proceeds, to establish investment objective priorities, to expand permissible investments in local government investment pools; to define money market mutual funds, and to make clarifications to investment policy; and adopting the investment policy as amended. The foregoing resolution was passed with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Colmenero and Kinnison were absent. * * * * * * * * * * * * * Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 22. Case No. 0203-03, Wesley United Methodist Church: A change of zoning from a "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District on Aldergate Methodist Church Tract, being 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber Road. City Secretary Chapa said that the Planning Commission and staff recommended the denial of the "B-1" District and in lieu thereof, approval of a Special Permit for a church -related thrift shop subject to six (6) conditions. In response to Mayor Neal's question, Mr. Michael Gunning, Planning Director, confirmed that the applicant was in agreement with the recommendations. He also added that he needed to correct an error in the Conditions of the Special Permit. Specifically, Condition Three should read that the hours of operation are from 9:00 a.m. to 5:00 p.m. No one appeared in opposition to the zoning change. A motion was made and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 025267 Amending the Zoning Ordinance upon application by Wesley United Methodist Church by changing the zoning map in reference to 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber Road, (currently zoned "R -1B" One - family Dwelling District) by granting a Special Permit for a church thrift shop subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance was passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting April 15, 2003 - Page 9 Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 23. Case No. 0203-01, Seung Lee: A change of zoning from a "R -1B" One -family Dwelling District to a "AB" Professional Office District on Gardendale Unit 2, Block 4, Lots 22 and 23, located on the north side of Curtis Clark Drive and approximately 225 feet west of South Staples Street. City Secretary Chapa said that the Planning Commission and staff recommended denial of the "AB" District, and in lieu thereof, approval of a Special Permit for two (2) office buildings and parking lot subject to eight conditions. In response to Mayor Neal's question, Mr. Gunning said that the applicant was in agreement with the recommendations. No one appeared in opposition to the zoning change. A motion was made and passed to close the public hearing. Ms. Cooper asked what type of businesses are allowed in an "AB" district. Mr. Gunning replied that in addition to professional offices, the AB district allows daycares, multi -family and boarding house uses. He said that this case was difficult for staff because the development crossed the line of encroachment stated in the Gardendale Plan adopted in 2000. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO.025268 Amending the Zoning Ordinance upon application by Seung Lee by changing the zoning map in reference to Lots 22 and 23, Block 4, Gardendale Unit 2, (currently zoned "R -1B" One -family Dwelling District) by granting a Special Permit for two (2) office buildings and a parking lot subject to eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 24. Case No. 0203-02, Mark Bratton: A change ofzoning from a "B- 1" Neighborhood Business District and "F -R" Farm -Rural District to a "RE" Residential Estate District on Laureles Farm Tracts, being 26.81 acres out of Section 31, located north of South Staples Street and east of South Oso Parkway. City Secretary Chapa said that the Planning Commission and staff recommended the approval of "RE" District. No one appeared in opposition to the zoning change. A motion was made and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 15, 2003 - Page 10 ORDINANCE NO. 025269 Amending the Zoning Ordinance upon application by Mark Bratton by changing the zoning map in reference to 26.81 acres out of Section 31, Laureles Farm Tracts, from "F -R" Farm - Rural District and `B-1" Neighborhood Business District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 25. Case No. 0203-04, Harold Kronke: A change of zoning from a "R -1B" One -family Dwelling District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street. City Secretary Chapa said that the Planning Commission was recommending the denial of the "B-4" District on 2.71 acres of Tract 1 and approval of a "B-4" District on 1.71 acres of Tract 1. For Tract 2, the commission recommended the approval of an "R-2" District on Tract 2. Staff differed with the Planning Commission's recommendation for Tract 2 only, recommending the denial of the "R-2" District. Mr. Gunning advised the Council that the 20% rule was in effect, saying that the total opposition came to approximately 45% for both the "B-4" and "R-2" zoning changes. He said that the applicant was proposing to install a self-service car wash on Tract 1 and to build two duplexes on Tract 2. The "R-2", Tract 2 recommendation fronts on a local street called Church Street, a rural type of road that does not have any curbs and gutters. There are drainage ditches on both sides and it is currently a dead-end street. Tract 1 has frontage on Violet Road. In Tract 1, the applicant had proposed developing the property all the way back to Church Street, which both staff and the Planning Commission opposed. On Tract 2, the Planning Commission felt that the "R-2" multi -family development along Church Street was satisfactory. Staff recommended the denial of the "R-2" district because the street infrastructure on Church Street is not in place now and would only be able to be put in place at the city's expense. Under the city's platting ordinances, when these properties are replatted, the city is not allowed to require the developer to improve the street to its full standards because there are existing pavement sections in the street. Thus, the plan for this area recommends the continuance of the "R -1B" zoning. Council Member Cooper asked Mr. Gunning if there would be a total of four units constructed on the lot in question. Mr. Gunning said that the applicant was proposing to put only four units on the property, but technically the "R-2" district would allow as many as seven units. Ms. Cooper asked if there was a way to limit the developer's request to only four units with a special permit. Mr. Gunning said that this was possible but when staff approached the applicant with this option earlier, he indicated that he was not interested. Ms. Cooper said that she did not see how four extra households would be that much of a burden on that street. Mr. Gunning said that he agreed, but a special permit was not an option when staff was making their recommendations since the Minutes - Regular Council Meeting April 15, 2003 - Page 11 applicant had declined it. Staff was considering the "R-2" district in its entirety and they were concerned about what the applicant would be allowed to build as a matter of right. The "R-2" zoning would give the applicant the right to expand at a later time. Mr. Gunning said that in making their decision, staff considered the comprehensive plan for the area and the wishes of the neighbors in the area, who are against any multi -family units on Church Street. Ms. Cooper asked the applicant if he would consider a special permit. Mr. Richard Kronke, 10209 N. Harrington, said he would consider the special permit. Council Member Garrett asked where the car wash would exit and Mr. Gunning responded that it would exit on Violet Road only. He asked if the developer was going to take the existing drainage ditch into consideration when they developed the property. Mr. Gunning replied that the developer's consulting engineer would be required to develop a construction drainage plan subject to approval by the city's Special Services engineering group. They would need to account for not only run-off but run-on in their proposed plan. Mr. Garrett asked if the car wash would have any effect on Church Street. Mr. Gunning said that it would not effect Church Street. Council Member Kelly asked Mr. Gunning if the estimated traffic generation included in his report was calculated assuming that the property would remain "R -1B" and be developed as densely as possible. Mr. Gunning replied affirmatively, saying that the development on the property could potentially generate as many as 190 average weekday road trips. The car wash would generate approximately 52 average weekday trips. In response to Mr. Kelly's question, Mr. Gunning stated that under Mr. Kronke's plan, the number of weekday trips would be reduced to 40 trips per day since there would be only two duplex units. He added that Traffic Engineering did not feel there would be any adverse impact on either Church Street or Violet Road with the trip generation rates being projected. Mr. Kelly asked Mr. Kronke why he didn't use the property adjacent to the proposed area that is currently zoned `B-4" instead of asking for a zoning change. Mr. Kronke said that the drainage ditch running through the tract limited the value of the property and that the proposed tract would have higher exposure since it was closer to a major intersection. He also said that the buyer feels he can place a car wash on the southern tract even with the drainage ditch. Mr. Bill Ward, 25 Hewit, a broker representing the developers, said that when they attended the Planning Commission meeting, they were attempting to reach a compromise. He said that Violet Road is a major arterial and that almost the entire tract was zoned "B-4" except one parcel. He said that most of the opposition has occurred across the street in the residential subdivision, not from Church Street. He said that because of the lay of the land in the area, possibly the best scenario would be to go to "R-2" in Tract 2. He said that the "R -1B' lots in that area would not be practical because of drainage issues. In response to Mr. Kelly's question, Mr. Gunning said that there were six letters from residents on Church Street opposed to the applicants' request, more than had initially attended the Planning Commission meeting. Mr. Kelly asked if Tract 2 was replatted, would the developer be required to improve Church Street. Mr. Gunning said no, the developer would not be required to make improvements. The only way it could be improved would be through the city's Street Assessment Paving Program, which had a long waiting list. Mr. Kelly asked where the tract 2 lots would drain. Mr. Gunning responded that they would drain away from Leopard Street toward the north. Mr. Kelly said that based on this information, he would be in favor of expanding the development on Tract 2 but not in favor of changing the zoning. He asked to hear from the residents across the street concerning the zoning change on Tract 1. Minutes - Regular Council Meeting April 15, 2003 - Page 12 Council Member Noyola said he was in favor of staffs recommendations. Council Member Scott said that he thought the development code needed to be amended if it considered Church Street an improved road even though it was in poor condition. Mayor Neal if there was anyone in opposition to the zoning change present. Mr. Ed Mickley, 4457 Church Street, spoke in opposition to both zoning changes. He said that to his knowledge, everyone who lived on Church Street was opposed to the zoning changes proposed by the applicant. He cited lack of infrastructure, especially drainage problems and trash accumulation, as the main reason for his opposition. He also said if duplexes were built, that renters do not usually maintain the property well. Council Member Scott commented that he thought development would probably help the situation, since the car wash would have drainage requirements and the proposed fencing of the property would contain trash. Council Member Chesney asked what type of development the residents of Church Street would like to see. Mr. Gunning answered that they only wanted single- family homes in the area and no duplexes. Mr. Chesney asked Mr. Mickley if the "B-4" zoning would be acceptable to him if there were drainage requirements in place. Mr. Mickley replied affirmatively. Ms. Cooper reiterated her suggestion to limit the duplexes in the area to two units. Ms. Sandy Ward, 4441 Church Street, said she is a 30 -year resident of the street. She said her main opposition to both the car wash and the duplexes is the recurring drainage problem in the area. She said that 100% of the homeowners on Church Street are opposed to the zoning changes. Council Member Kelly asked what authority does the city have to require drainage improvements on Tract 1 if they were to extend Tract 2 as proposed. Also, he asked if the city had the authority to require off-site drainage improvements. Mr. Gunning said that the city does have the authority to require the property owners to provide a drainage plan to address both run-on and run-off. He deferred the off-site drainage question to the Engineering Department. Mr. Kelly asked Acting City Attorney Reining about the reclamation required for a car wash. Mr. Reining replied that the car wash could not put any polluted water into the properties; only natural precipitation was allowed. He said that the car wash would be liable for increasing the run-off onto to their neighbors' property. Mr. Kelly asked if the applicant would be amenable to tabling this item for one week to meet with adjacent property owners to try to assuage their concerns. (NOTE: Council Member Scott recused himself from the discussion and vote at this point after discovering a conflict of interest involving his employer, San Jacinto Title Company). Mr. Ward said that the applicant would probably support staff's recommendation. Council Member Colmenero said he was in support of tabling the vote. A motion was made and passed to close the public hearing. City Secretary Chapa stated that Council Member Mark Scott was abstaining from the vote on this matter. Mayor Neal asked City Engineer Angel Escobar if there were any planned improvements to address the drainage in this area. Mr. Escobar replied that there were no plans. Mayor Neal asked what the potential buyers of the property on Violet Road could be expected to be required to do to address drainage problems in the area. Mr. Reining replied that they may have to build some retention features as part of their development. Mayor Neal expressed his concern that if the property was developed or undeveloped, the property owners in the area were still going to have a drainage problem. Mr. Reining confirmed that there could be no increased flow, but that the owners would have to live with the existing flow. Mayor Neal asked if the retention features Mr. Reining discussed earlier would make development prohibitively expensive. Mr. Reining said he would think that handling the drainage in the area would require substantial resources. Mr. Gunning commented that a situation may arise where the Minutes - Regular Council Meeting April 15, 2003 - Page 13 property is zoned but the property owner may not be able to build on it until the infrastructure is in place to accommodate the building. Mr. Kelly made a motion to table this case for one week to allow the property owners to negotiate with those individuals who are in opposition to the zoning change; Ms. Cooper seconded the motion. Mr. Chapa polled the council for their votes and the motion passed as follows: Chesney, Colmenero, Cooper, Kelly, and Kinnison, voting "Aye"; Neal, Garrett and Noyola, voting "No"; Scott abstained. * * * * * * * * * * * * * Mayor Neal deviated from the agenda to allow Mr. Tom Utter to provide a legislative update. Mr. Utter first reviewed the priority bills in this year's legislative session, organized in different sections representing major functions of municipal government. Under the financial integrity section, Mr. Utter said the priority bills involved using state hotel taxes for beach maintenance and street accessibility improvements funded by a street use fee. Under the essential infrastructure section, Mr. Utter identified several priority bills dealing with the protection of water rights. Mr. Utter said that the legislative delegation was closely monitoring one bill which would require that any water rights that a city hasn't used for ten years be ceded to the state. Other priority bills were related to desal project funding and Packery Channel. Under community protection and development, Mr. Utter said there were several bad bills involving annexation and development that the delegation and TML were opposing. The city was endorsing legislation that would impose a statewide electrical licensing law. Under the children and youth section, Mr. Utter said that the Community Youth Development program was being funded this year. Under the environment section, bills affecting air quality requirements were identified as priority. In the economic development section, priority areas were the military and insurance rates. Next, Mr. Utter covered the significant bills of interest. He identified a number of good bills, including H.B. 449 involving property taxes, H.B. 1061 on municipal employee travel, H.B. 1191 on public information and H.B. 1487 on the licensing of electricians. He also identified several bad bills, including H.B. 1204 on extraterritorial jurisdiction, H.B. 789 on platting, H.B. 1635 on telecommunications infrastructure fund and H.B. 2178 on rezoning. Mr. Utter said that unfortunately, there were many bad bills this session. He complimented Senator Hinojosa, Representatives Luna, Seaman, and Capelo and their staffs for being accommodating and for working so hard on behalf of their constituents. Mayor Neal asked Mr. Utter where the bills were in the cycle of debate. Mr. Utter replied that each bill was at a different point but he said that in general the process should speed up tremendously within the next week. Mayor Neal asked the Council to make an effort to testify before the House if asked because there were a large number of killer bills being proposed. He said it was a very tough session and he thanked Mr. Utter for his work and asked that he keep the Council informed. He added that at the end of this session, he would like to suggest that the city have a recognition for the legislative delegation and their staffs. Council Member Scott asked for an update on the marina bill. Mr. Utter said the bill was progressing rapidly and would come up this session. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, commented against H.B. 1098 regarding a fee added to utility bills to help cities fund ADA improvements and against another bill that would raise vehicle registration fees. Minutes - Regular Council Meeting April 15, 2003 - Page 14 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding the Texas Municipal Retirement System's requirements for contributions for employees, specifically for Mr. Tom Utter. He also spoke about the lack of curfew enforcement in Cole Park. Mr. Bill Kopecky, 3609 Topeka, spoke regarding the hiring process for the city manager. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 26. Executive session under Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94`" District Court, Nueces County, Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas with possible discussion and action in open session. 27. Executive session pursuant to Texas Government Code Section 551.074 to deliberate the appointment/employment of the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following ordinances were passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 26. MOTION NO. 2003-150 Motion authorizing the City Manager in Cause No. 01-647-C; Larry Young, et al vs. City of Corpus Christi and Cause No. 01-646-C; Mary Collins, et al vs. City of Corpus Christi, 94`" Judicial District Court, Nueces County, Texas, to continue the employment of Denton, Navarro & Bernal to represent the City of Corpus Christi at an hourly rate not exceeding $200, subject to certification of funds. 27. RESOLUTION NO. 025270 Resolution appointing George K. Noe City Manager of the City of Corpus Christi, Texas, and establishing compensation for the City Manager in accordance with Article III, Section 1, of the City Charter. Mayor Neal outlined the employment contract offered to Mr. Noe. He said Mr. Noe would enter the contract effective today at a salary of $160,000 per year, a car allowance of $7,200 per year, ICMA deferred compensation retirement plan for full participation, vacation of 15 days a year, sick leave of 15 days a year and a severance agreement, in accordance with the contract that the Council will ask Mr. Noe to sign. He asked Mr. Noe if he would accept these terms and Mr. Noe replied affirmatively. He congratulated Mr. Noe and thanked the Council and City Secretary Chapa for their assistance and input. * * * * * * * * * * * * * Minutes - Regular Council Meeting April 15, 2003 - Page 15 Mayor Neal called for the City Manager's report. Mr. Noe thanked the Council for their support and said he was looking forward to working with the Council to move the community forward. Mr. Noe reported that the city and the Police Officers Association have reached a tentative agreement for a four-year contract. He said the city was pleased with the agreement because it resolves a number of issues. He understood that the association would be voting on the contract in a few days. He said that staff is heavily involved in the budget process right now and hopes to present a good budget soon. He reminded the Council that the next council retreat is scheduled for May 6 in the Museum of Science and History. Next Tuesday, in addition to the potential for a police contract item, there will be a joint luncheon with the Economic Development Corporation, a presentation from the Commission on Children and Youth on their Master Plan, desal project presentation and a first reading on the preservation plan. Mr. Noe also mentioned the eight medic unit plan, which should go into effect on or about the 21" of April. Mayor Neal called for Council concerns and reports. Mayor Neal asked about the progress on sidewalk improvements in the Alameda and Doddridge area. Mr. Gunning replied that the property on Parmington Square has new owners. The owners met with Mr. Gunning last week and are ready to move forward with the project. They have hired a consulting engineer and have submitted plans for the construction of the sidewalk/boardwalk to the Special Services division, which were approved. He said that the new owners were not made aware of the required improvements when they purchased the property. They have paid all the past due use privilege fees that were owed. Mayor Neal asked about for a status report on the Airheart Point project. Assistant City Manager Ron Massey reported that they had a bid for placing a stairwell in the area but the city cannot execute it unless the ADA accessibility issues to the water are addressed. Mr. Massey said that the Legal Department has advised them that meeting accessibility requirements to the water at Cole Park would meet the requirement of accessibility on the seawall. Mr. Noe said that there would be a meeting next week to discuss this matter. Mayor Neal asked staff to keep up with the different agreements that the city has made with developers for improvements. Finally, he asked for a briefing on the new building code, which Mr. Noe said would be provided later. Council Member Chesney thanked Council Member Cooper for setting up the Town Hall meeting schedule for the next six months. He said that the next Town Hall meeting would be held May 5 at Schanen Elementary. He said Ms. Cooper wanted to have monthly Town Hall meetings and they had agreed. He said that he, Council Members Kinnison and Scott attended a workshop held by the Downtown Management District and several suggestions arose that he would like staff to follow up on. He congratulated the city and the Park and Recreation Department for assisting in the Hudson Park opening, spearheaded by the Junior League. He congratulated Bemie Paulson, Melvin Klein and Jerry Kane, who were inducted into the Business Hall of Fame last week. He asked staff to follow up on suggestions made by the Builders Association. Finally, he congratulated Mr. Noe on his appointment and said that he hoped he would remain as open and honest as he was in his tenure as Acting City Manager. Council Member Garrett asked if Mr. Noe had a response regarding the problem with loose dogs in Pope Park that he brought to his attention last week. Mr. Noe said that he was in Washington, D.C. last Thursday and Friday and had not had an opportunity to investigate this matter. Council Member Garrett reiterated that he thought this was a serious problem and he would like to him to pursue it. Mr. Garrett asked if staff had addressed the concerns of the Air Conditioner Contractors. Mr. Noe said that he had sent them a letter addressing a number of items and they have Minutes - Regular Council Meeting April 15, 2003 - Page 16 set a meeting in a month's time. He asked how the city had selected a bank to handle direct deposit. Mr. Noe said there was a bid process and the contract was for a multi-year period. He said it was awarded two years ago and that the Finance Department was handling the contract. Council Member Mark Scott asked what the city's contribution was to Buc Days. Mr. Noe replied that the city pays 50% of the police costs for the event, totaling approximately $17,000. He asked for the status of the temporary fire station on the Island, saying that Mr. Noe had said last week that the fire station would be in place by the end of April but he had received information that the station would be ready at the end of May. Mr. Noe confirmed that the fire station would be ready at the end of April. Mr. Scott asked about the closure of McGee Beach. Mr. Noe said that the beach would be closed for six to eight weeks for dredging required by the General Land Office. Mr. Scott asked for a status report on the Velocity Games by Whataburger. Mr. Noe said the city was contacted today on expediting this project. Mr. Dan Whitworth, Director of Park and Recreation, said that the project was running behind because the head of the project passed away. Now Whataburger is taking over the project and it is back on course. Mr. Whitworth said that his staff would provide some information. Council Member Colmenero also asked for a status report on the Velocity Games. He congratulated Mr. Noe on his appointment as city manager and he complimented him on the way he handled the visit with the legislative delegation in Washington, D.C. last week. He asked staff to look into a problem with fallen palm trees in the R.T.A. project. He also asked staff to look into the problem with high weeds in the area and the lack of enforcement on the city's part. Finally, he also asked about setting up meeting to work on interlocal agreements with the Downtown Management District, the Port and the R.T.A. Council Member Cooper asked for an update on litigation regarding the Second Baptist Church. Acting City Attorney Reining said he would provide an update after the meeting. She also congratulated Mr. Noe on his appointment, saying the Council had the utmost confidence in him. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:14 p.m. on April 15, 2003. * * * * * * * * * * * * * Minutes - Regular Council Meeting April 15, 2003 - Page 16 set a meeting in a month's time. He asked how the city had selected a bank to handle direct deposit. Mr. Noe said there was a bid process and the contract was for a multi-year period. He said it was awarded two years ago and that the Finance Department was handling the contract. Council Member Mark Scott asked what the city's contribution was to Buc Days. Mr. Noe replied that the city pays 50% of the police costs for the event, totaling approximately $17,000. He asked for the status of the temporary fire station on the Island, saying that Mr. Noe had said last week that the fire station would be in place by the end of April but he had received information that the station would be ready at the end of May. Mr. Noe confirmed that the fire station would be ready at the end of April. Mr. Scott asked about the closure of McGee Beach. Mr. Noe said that the beach would be closed for six to eight weeks for dredging required by the General Land Office. Mr. Scott asked for a status report on the Velocity Games by Whataburger. Mr. Noe said the city was contacted today on expediting this project. Mr. Dan Whitworth, Director of Park and Recreation, said that the project was running behind because the head of the project passed away. Now Whataburger is taking over the project and it is back on course. Mr. Whitworth said that his staff would provide some information. Council Member Colmenero also asked for a status report on the Velocity Games. He congratulated Mr. Noe on his appointment as city manager and he complimented him on the way he handled the visit with the legislative delegation in Washington, D.C. last week. He asked staff to look into a problem with fallen palm trees in the R.T.A. project. He also asked staff to look into the problem with high weeds in the area and the lack of enforcement on the city's part. Finally, he also asked about setting up meetings to work on interlocal agreements with the Downtown Management District, the Port and the R.T.A. Council Member Cooper asked for an update on litigation regarding the Second Baptist Church. Acting City Attorney Reining said he would provide an update after the meeting. She also congratulated Mr. Noe on his appointment, saying the Council had the utmost confidence in him. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:14 p.m. on April 15, 2003. * * * * * * * * * * * * *