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HomeMy WebLinkAboutMinutes City Council - 11/18/2003I 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 November 18, 2003, which were approved by the City Council on December 9, 2003. WITNESSETH MY HAND AND SEAL, this the 9th day of December 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 18, 2003 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney (Arrived at 12:45 p.m.) Council Members: Javier D. Colmenero (Arrived at 12:20 p.m.) Melody Cooper (Arrived at 12:15 p.m.) Henry Garrett Bill Kelly Rex A. Kinnison (Arrived at 12:02 p.m.) Jesse Noyola Mark Scott City Staff: 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 Reverend Al Schubert of the Lord of Life Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. City Secretary Chapa announced that the minutes from the joint meeting and the regular meeting of November 11 were not ready at this time. He stated that both sets of minutes from the November 11 meetings would be provided at the December 9 council meeting. (Council Member Kinnison arrived at 12:02 p.m.) * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 1. Executive session under Texas Government Code Section 551.071 regarding Larry Young, et al v. City of Corpus Christi, Cause No. 13 -03 -00559 -CV, on appeal from the 94th Judicial District Court ofNueces County, Texas (Cause No. 01-0647-C), with possible discussion and action related thereto in open session. 2. Executive session under Texas Government Code Section 551.071 regarding Mary Collins, et al v. City of Corpus Christi, Cause No. 13 -03 -00428 -CV, on appeal from the 94th Judicial District Court of Nueces County, Texas (Cause No. 01-0646-C), with possible discussion and action related thereto in open session. 3. Executive session under Texas Government Code Section 551.071 regarding Robert Partney, et al v. City of Corpus Christi, Civil Action No. C-03-153, in the United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting November 18, 2003 - Page 2 4. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 5. Executive session under Texas Government Code Section 551.071 regarding a potential claim against the City's stop loss carrier, with possible discussion and action related thereto in open session. 6. Executive session under Texas Government Code Section 551.071 regarding Kourtney Hancock vs. Coca-Cola Enterprises, Inc. and the City of Corpus Christi, Cause No. 02-1169- B, 117th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 7. Executive session under Texas Government Code Section 551.074 for deliberations regarding the appointment of the City Attorney, with possible discussion and action related thereto in open session. 8. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; against Gulfterra Energy Partners, L.P., and its predecessors, and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. The Council went into executive session. (Council Members Cooper arrived at 12:15 p.m.; Council Member Colmenero arrived at 12:20 p.m.; and Mayor Pro Tem Chesney arrived at 12:45 P.m.) The Council returned from executive session and the following motions were passed with the following vote: 1. MOTION NO. 2003-406 Motion authorizing the City Manager to execute an amendment to the Legal Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to represent the City in Larry Young, et al v. City of Corpus Christi, Cause No. 13 -03 -00559 -CV; on appeal from the 94th Judicial District Court of Nueces County, Texas (Cause No. 01-0647-C), at an hourly rate of $200, plus expenses, subject to certification of funds. Mayor Neal made the foregoing motion, which was seconded by Ms. Cooper. The motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Minutes - Regular Council Meeting November 18, 2003 - Page 3 2. MOTION NO. 2003-407 Motion authorizing the City Manager to execute an amendment to the Legal Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to represent the City in Mary Collins, et al v. City of Corpus Christi, Cause No. 13 -03 -00428 -CV; on appeal from the 94th Judicial District Court of Nueces County, Texas (Cause No. 01-0646-C), at an hourly rate of $200, plus expenses, subject to certification of funds. Mayor Neal made the foregoing motion, which was seconded by Ms. Cooper. The motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 3. MOTION NO. 2003-408 Motion authorizing the City Manager to execute an amendment to the Legal Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to represent the City in Robert Partney, et al v. City of Corpus Christi; Civil Action No. C-03-153 in United States District Court, Southern District of Texas, Corpus Christi Division, at an hourly rate of$200, plus expenses, subject to certification of funds. Mayor Neal made the foregoing motion, which was seconded by Mr. Garrett. The motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 4. MOTION NO. 2003-409 Motion authorizing the City Manager to execute an amendment to the Legal Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to represent the City in the fire collective bargaining negotiations, at an hourly rate of $200, plus expenses, subject to certification of funds. Mayor Neal made the foregoing motion, which was seconded by Ms. Cooper. The motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 5. MOTION NO. 2003-410 Motion authorizing the City Manager to execute an amendment to the Legal Services Agreement with James Perschbach of Bracewell & Patterson to represent the City regarding a potential claim against the City's stop loss carrier, at an hourly rate of $200, plus expenses, subject to certification of funds. Mayor Neal made the foregoing motion, which was seconded by Mr. Garrett. The motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Minutes - Regular Council Meeting November 18, 2003 - Page 4 6. MOTION NO. 2003-411 Motion to settle Kourtney Hancock v. Coca-Cola Enterprises, Inc. and the City of Corpus Christi, Cause No. 02-1169-B, 117`s District Court, Nueces County, Texas, by payment of the sum of $250,000. Mayor Neal made the foregoing motion, which was seconded by Mr. Garrett. The motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent; Kelly abstained. 7. MOTION NO. 2003-412 Motion confirming the City Manager's appointment of Mary Kay Fischer to serve as City Attorney effective December 22, 2003. Mayor Neal made the foregoing motion, which was seconded by Ms. Cooper. The motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ************* Mayor Neal called for consideration of the consent agenda (Items 9-19). City Secretary Chapa announced that Council Member Noyola would be abstaining from the vote and discussion on Item 19. He also noted that Item 16 was withdrawn by staff. Council members requested that Item 10 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 9 through 19, constituting the consent agenda, except for Item 10, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2003-413 Motion approving the purchase of two brush loader trucks from Bayou City Ford Truck Sales, of Houston, Texas for the total amount of S165,824. This award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These brush loader trucks will be used by the Neighborhood Services Department. Funds are budgeted in the Maintenance Service Capital Outlay Fund. Both units are additions to the fleet. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 18, 2003 - Page 5 11. MOTION NO. 2003-415 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a contract with the University of Texas Marine Sciences Institute, of Austin, Texas, in an amount not to exceed $191,545 for biological monitoring services associated with the Rincon Bayou Diversion Project. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. MOTION NO. 2003-416 Motion authorizing the City Manager or his designee to execute Ratification of Amendment No. 6 with HDR Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $181,000 for the Reservoir Operating Plan Update and Flood Release Model Project. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; 13. RESOLUTION NO. 025562 Resolution recognizing the public necessity of acquiring utility and construction easements for the Buckingham Estates Lift Station and Force Main Diversion Project No. 7117 for utility and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. The foregoing resolution was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 14. RESOLUTION NO. 025563 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with the Corpus Christi Independent School District for a joint project to install a new concrete connecting trail between South Pope Park and Robert Wilson Elementary School. The foregoing resolution was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 18, 2003 - Page 6 15. MOTION NO. 2003-417 Motion authorizing the City Manager or his designee to execute a contract with John Buck for the purchase of the sculpture "Westfork" in the amount of S50,000 as a part of the "Percent For Art Program" associated with the Convention Center/Arena Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16. WITHDRAWN vtioa authe..zmg th., C,ty Manasc. o. his das�g��cc to 6na.6uta. a tlu..a.-yca. w„tinct wi l.Oii lat.t0I Iva Lh6 l,dy. 17. ORDINANCE NO. 025564 • n Lha. GLy OI I,OipuS Lfli ISLI, 1 c 3 auo LGS H. Ordinance abandoning and vacating 4,404.10 -square feet of utility/drainage easements out of Lots 16 -19 and Lot 24, Block 51, Kings Crossing Unit 15, as follows: 1) 44.65 -square foot portion of a 15 -foot wide utility/drainage easement out of Lot 16, Block 51; 2) 726.47 -square foot portion of a 15 -foot wide utility/drainage easement out of Lots 16 & 17, Block 51; 3) 398.75 -square foot portion of a 15 -foot wide utility/drainage easement out of Lot 16, Block 51; 4) 3,039.65 -square foot portion of a 7.5 -foot wide utility easement out of Lots 16-19, Block 51; 5) 137.10 -square foot portion of a 7.5 -foot wide utility easement out of Lot 24, Block 51; 6) 57.48 -square foot portion of a 15 -foot wide utility/drainage easement out of Lots 18 & 19, Block 51; originally dedicated by King's Crossing Unit 1, Phase 3, Lot 1, Block 41, Volume 59, Pages 183-188, Map Records, Nueces County, Texas; requiring the owner, King's Crossing Realty, Ltd., to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared, and the foregoing ordinance was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 18, 2003 - Page 7 18. ORDINANCE NO. 025560 Amending Section 33-79, Code of Ordinances, City of Corpus Christi, regarding entering or remaining on City premises with a firearm; and providing for penalties. (First Reading - 11/11/03) The foregoing ordinance was passed and approved on its second reading by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19. ORDINANCE NO. 025561 Authorizing the City Manager or his designee to execute a lease with the United States Postal Service to lease space containing approximately 463 square feet located in the cargo facility for the operation of United States Postal Services in consideration of an annual rental payment of $13,840 for a term of up to fifty-four months. (First Reading - 10/14/03) The foregoing ordinance was passed and approved on its second reading by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Mayor Neal opened discussion on Item 10 regarding the ice rink chiller unit for the arena. Council Member Kinnison asked staff to provide an update on the status of the city's negotiations with the IceRayz because he was concerned that the city was buying this equipment without a tenant. He also asked for an update on the status of the arena project in general, including information on any operational budget changes, luxury box sales and SMG's marketing efforts. City Manager Noe remarked that this was an excellent idea, and he would schedule a presentation in December. He said negotiations were ongoing between the city, SMG and the IceRayz. Mr. Noe stated that the Rayz had made it quite clear that they had every intention of moving into the new building. Mr. Noe said he was confident that the negotiations would be successful and completed within the next several months. Mr. Kinnison replied that staff did not have to wait until December to provide a report. He said a written report would suffice. Mr. Noe also remarked that the city's negotiations with the Islanders were also ongoing and would probably be completed within the next 60 days. Mr. Noyola noted that the city did not chose the sealed proposal offering the lowest cost for the arena project. Instead, he said the city chose another sealed proposal, and negotiated with that contractor to lower their original price to a more acceptable level, which they did. He expressed concern that the change orders were increasing the cost to the contractor's original proposal price. Mr. Noe replied that during the course of value engineering, staff removed several items from the contract to come within an acceptable price level, acknowledging that staff would come back to the Council asking for change orders to execute them if the project was proceeding without any major problems. He said the two change orders in question were for the suite build -out and for the ice rink chiller unit. He stated that the project is far enough along now where there are no other substantial change orders planned. Mr. Noe commented that this particular equipment required a long lead time in order to have it installed and ready for the start of the IceRayz season in October or November. Thus, Mr. Noe said the change order needed to be authorized now. Mr. Noyola commented that Minutes - Regular Council Meeting November 18, 2003 - Page 8 perhaps the city should have negotiated with the bid proposal offering the lowest cost. City Secretary Chapa polled the Council for their votes as follows: 10. MOTION NO. 2003-414 Motion authorizing the City Manager or his designee to execute Change Order No. 5 with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas in the amount of $363,609 for the ice rink chiller unit for the Multi -Purpose Arena. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. 0603-04. Paul S. Vera: A change of zoning from a "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District with a "SP" Special Permit to a `B-4" General Business District on Laguna Acres, Block 1, Lot 12 and a portion of Lot 11, located at the southeast corner of Horne Road and Teresa Street. (Tabled on 08/26/03) City Secretary Chapa said the Planning Commission and staff recommended the denial of the "B-4" District, and in lieu thereof, approval of a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct the building expansion setback subject to a site plan and 10 conditions. Mr. Michael Gunning, Director of Planning, provided a brief history on the case. He noted that at the August 26, 2003 meeting, the Council had tabled this case to November 18, 2003 to allow Mr. Vera to make the necessary changes to his property to bring it into compliance with all city codes. He said the applicant was advised by the Council that it was imperative that he bring his property into full compliance on or before today's meeting. He stated that Code Enforcement was instructed to make periodic inspections of the subject property to determine if reasonable progress had been made. As of November 11, 2003, Mr. Gunning said Code Enforcement had reported that the following conditions of the first special permit had not been met: landscaping; complete fencing of property; and removal of all non-operable property. He also provided photographs illustrating the condition of the property. Mr. Gunning said he also knew that Mr. Vera was conducting break tests on heavy vehicles on Teresa Street which could potentially damage that street and that he was not complying with the required hours of operation. Thus, Mr. Gunning concluded that staff was recommending the denial of the permit. Mayor Neal asked for public comment. Mr. Paul Vera stated that he had completed all the work required to bring his property into compliance. Mayor Neal replied that staff's presentation indicated the contrary. Mr. George Oresco, Code Enforcement Administrator, reported that Mr. David De La Cruz, Property Advisor, was assigned to this case. He stated the Mr. Vera had made Minutes - Regular Council Meeting November 18, 2003 - Page 9 significant progress in meeting the code requirements; however, there was much more work to be done before full compliance with the city code was met. Mr. Garrett asked Mr. Gunning if Mr. Vera was being asked to comply with any regulations which were above and beyond those required of any other similar business. Mr. Gunning replied negatively. Mr. Garrett asked if Mr. Vera would be required to close down his business if the Council were to deny his special permit today. Mr. Gunning replied affirmatively. Mr. Garrett asked Mr. Oresco if Mr. Vera had cooperated with Code Enforcement. Mr. Oresco replied that since the case had been assigned to Code Enforcement on September 22, 2003, Mr. Vera had been cooperative and had complied with the majority of the requirements. Mr. Garrett asked if Mr. Oresco thought that Mr. Vera would ever fully comply with the city code requirements. Mr. Oresco replied that he could not say. He did comment, however, that Code Enforcement had been meeting with Mr. Vera on a weekly basis just to get to this point, and he did not believe staff could continue doing so. Mr. Kinnison remarked that the photos Mr. Gunning presented, dated October 29, 2003, did not seem to indicate that Mr. Vera was making an effort to meet the 90 -day extension. He said it seemed that there were some improvements made in the two-week period after October 29, but now it appeared to be sliding back into disrepair. Mr. Oresco replied that the condition of the property had improved significantly, but most of the improvements had not been made until the end of October, even though the 90 -day extension had been granted back in August. Mr. Kinnison felt this was cause for concern. Mr. Kelly remembered considering this case when he was a member of the Planning Commission in 2000. Mr. Gunning replied that the Planning Commission had recommended the approval of the special permit in 2000, and the Council had granted the permit. Mr. Kelly asked what the level of compliance with the provisions of the special permit had been since then. Mr. Gunning replied that he did not believe Mr. Vera had done anything to reach compliance. Mr. Kelly remarked that Mr. Vera has been given numerous chances over the years to bring his property into compliance, but has only come into partial compliance now. Mr. Noyola told Mr. Vera that he had been advised to comply with all the requirements to get a special permit, yet he had only reached partial compliance. Mr. Vera replied that the poor weather had prevented him from meeting the deadline. Mr. Noyola answered that the real problem seemed to be that Mr. Vera had waited too long before beginning the work. Mr. Noyola stated that although the business was in his district, Mr. Vera's inability to bring the property into full compliance by the deadline made it difficult for him to support granting the special permit. Mr. Colmenero remarked that the Council had made a commitment to cleaning up the neighborhoods in the city. He told Mr. Vera that the Council would not stand for any more violations from anyone. He told Mr. Vera that because he had not brought his property into full compliance, he was very close to losing his business. Mr. Chesney asked what percentage of compliance Mr. Vera had reached to date. Mr. Oresco replied that he believed it was approximately 70 percent. Mr. Chesney remarked that it appeared that Mr. Vera had made a sincere effort to make improvements to his property. He did not Minutes - Regular Council Meeting November 18, 2003 - Page 10 think, however, that it was appropriate to have Code Enforcement visit the property on a weekly basis. He said Mr. Vera should meet the requirements without the extra supervision or risk losing his business. Mr. Chesney asked Mr. Victor Medina, an engineer Mr. Vera hired to assist him, what his assessment was of Mr. Vera's efforts to comply with the Council's mandate. Mr. Medina replied that he thought Mr. Vera had met over 90 percent of the requirements. He added that Mr. Vera had begun working on the improvements before October by hiring a landscaper and a striping company. He said, however, that the landscaper was not able to complete the work on time because of the rainy weather. He also noted that Mr. Vera could only have the work done on weekends when his parking lot was empty. Mr. Chesney felt this was a plausible argument, but he stressed that if the Council were to grant Mr. Vera another extension, this would be the last chance the Council would give him to fully comply with the requirements. Mr. Scott remarked that he found it odd that Mr. Medina would allow the landscaper to incorrectly execute the job when the Council had been led to believe it was his responsibility to ensure that all the improvements would be made by the deadline. Mr. Scott expressed his frustration that this case has been a problem for so many years. He said it seemed like Mr. Vera had made a sincere attempt to make the necessary improvements this time, but it was difficult to give Mr. Vera the benefit of the doubt based on the city's experience dealing with him over the years. Mr. Scott emphasized that he did not want to spend any more of the city's time dealing with this code enforcement issue. He told Mr. Vera that he was in support of tabling the case until December 16 to allow him to fully comply with the necessary requirements. He stressed that he would not hesitate to deny the special permit if Mr. Vera had not met the all the improvements by or on December 16. Ms. Cooper also spoke in support of tabling the case until December 16. She told Mr. Vera that the Council would not grant him another extension. She told Mr. Medina that if he represented Mr. Vera, it was incumbent upon him to ensure that Mr. Vera met the requirements or that he understood that his business would be closed down if he didn't. Mr. Kelly spoke against tabling the Vera case. He expressed his frustration that although his constituents have told him that cleaning up the city should be a high priority, Mr. Vera was about to be given yet another chance to come into compliance, despite the fact that his property has been in violation for many years. A motion was made, seconded and passed to close the public hearing. Mayor Neal asked for clarification on what the Council was voting on today. Acting City Attorney Reining replied that if the Council were to vote against the Planning Commission and staff's recommendation, then Mr. Vera would have to shut down his operation because it would be unauthorized in a "B-1" district. Mayor asked how long Mr. Vera would be shut down. Mr. Reining replied that his business could not reopen until the property was rezoned. Mr. Gunning said there was an automatic 12 -month waiting period on any rezoning request on any portion of the property. Mr. Noyola said he would make a motion to table the case until December 16. He emphasized, however, that when the case came before the Council at that time, Mr. Vera would be expected to have fully complied with all the requirements without the weekly visits from Code Minutes - Regular Council Meeting November 18, 2003 - Page 11 Enforcement. He asked that staff make a recommendation to deny or approve the special permit on December 16, and the Council would vote upon the matter without discussion. Mr. Noyola made a motion to table the case until December 16, seconded by Ms. Cooper. Mr. Chapa polled the Council for their votes, and the motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Neal, Kelly and Kinnison, voting "No". Mayor Neal called for a brief recess to conduct a swearing-in ceremony for new board and committee appointees. * * * * * * * * * * * * * The Council returned from recess. Mayor Neal deviated from the agenda and referred to Item 23, a presentation on the South Padre Island Drive (SPID) Traffic Congestion Study. Assistant City Manager Ron Massey introduced Mr. Bryan Wood, Acting District Director of TXDoT, who would be making the presentation. Mr. Wood commented that SPID was one of the major corridors in the city and, consequently, was also one of the most congested corridors. He said the roadway was approximately 30 years old and had served the city well, but was now becoming inadequate. Thus, Mr. Wood said TXDoT wanted to improve SPID, so they hired Texas Transportation Institute (TTI) about 18 months ago to conduct a study. He said one of their main concerns was what changes needed to be made in light of the Crosstown Extension project and the Interchange Project, which TXDoT thought would have a major impact on SPID. Mr. Wood asked Mr. Russell Henk with TTI to brief the Council on the results of the study. Mr. Henk prefaced his report by thanking TXDoT for their funding support. He also thanked key staff and the members of the MPO Technical Committee, the Planning Commission, Transportation Advisory Committee, and the Chamber of Commerce for their input. Mr. Henk stated that the SPID Corridor was used by 140,000 vehicles per day, making it the largest ADT in the Corpus Christi District. Mr. Henk provided the following characteristics of SPID: congested conditions experienced six days a week; critical component of local economy (slow speeds = slow business); and SPID intersection lead the city in traffic crashes (contains 10 of top 15 crash locations). Mr. Henk provided a brief overview of the SPID study to examine improvements. He said the objective of the study was to evaluate the SH 358 Corridor from SH 285 to Airline Road. He stated that they used the following procedure: traffic data collection; origin -destination study; traffic crash analysis; and traffic operation analysis. Mr. Henk furnished a summary of the Origin -Destination Study. He said the completion of the Crosstown Interchange is estimated to divert approximately 13 percent of the existing SPID traffic. At the current growth rate, SPID will return to today's volumes in five years. The Crosstown Interchange "in place" assumed as "base case" for alternative analysis. Regarding the crash data analysis, Mr. Henk stated that the procedure used to obtain the data was an analysis of three years of DPS traffic crash data. He said the procedure included freeway Minutes - Regular Council Meeting November 18, 2003 - Page 12 main -lanes, ramps and frontage roads. The results of the study indicated that rear -end collisions on freeway main -lanes near queue spill -back onto exit ramps from intersections. He said the estimated annual traffic crash cost over $28 million. For the traffic operations analysis, Mr. Henk stated that his group used the VISSIM micro - stimulation model. The network included 17 actuated/coordinated traffic signals, with 11 arterial intersections and six diamond interchanges. He said the model had to be calibrated to real world conditions, a time-consuming process, in order to obtain accurate results. He said his team used this tool to look at seven different alternatives, including freeway main -lane and ramp configuration changes. They also evaluated morning and evening peak hour conditions, focusing on the evening peak hour conditions because of higher traffic volumes and delays. Mr. Henk provided a summary of the results of the traffic operations model. He said the results indicated that it would be preferable to migrate from a yield treatment to a free-flow merge condition. He said most of the alternatives involved changing the exit ramps from a diamond - configuration to an X -ramp configuration. He discussed Alternative 2, which would involve reversing the entrance and exit ramps near at the Everhart and Eastbound SPID frontage intersection. He also discussed Alternative 5, which he said was the best alternative in terms of operations and safety. An added benefit was that there was funding already identified and available to implement this improvement. He said the operational savings were estimated to be $15 million and safety savings were estimated at $3 million. The estimated benefit/cost ratio was 3.3. He noted that these were very conservative estimates because they were based on existing traffic and "2003 dollars". He stated that Alternative 5 would carry an additional lane close to Crosstown all the way to Weber. Then the intersection would be changed from diamond -configuration to an X -ramp configuration between Weber and Everhart, essentially an entrance and exit ramp reversal. In addition, the mid -block traffic would benefit from new access to the exit and entrance ramps. Thus, Mr. Henk stated that their short-term recommendation was to pursue Alternative 5 as an effective use of available funding because it would reduce network delay. The mid- to long-term recommendations were to pursue Alternative 8 as the ultimate design to ensure freeway mobility. He said Alternative 8 was similar to Alternative 2 because it carried over the basic concept of carrying the additional lane further and reversing the ramps between Weber and Staples off SPID. He noted that a different approach was recommended between Staples and Airline, a graded ramp, because of the limited spacing in that area. In addition, Mr. Henk recommended a major multi -agency investment in SPID corridor reconstruction and associated arterial improvements. The goal would be to increase the capacity of arterials and expand use of access management techniques. Mr. Henk provided a number of additional recommendations. He noted that state and national guidelines indicate that two-way left turn lanes begin to break down around 20,000 vehicles per day. At this point, he said Weber Road had 34,000 vehicles per day (vpd), Everhart Road had 40,500 vpd and Staples had 45,000 vpd. Regarding signal spacing guidelines, Mr. Henk stated that ideally, signal spacing on major arterials should be approximately 2,640 feet. He said that Everhart and Staples currently had between 600 feet and 1,200 feet between signals. Mr. Henk stated that the driveway spacing guideline recommended access spacing on major arterials to be between 300 Minutes - Regular Council Meeting November 18, 2003 - Page 13 to 500 feet. On Everhart near SPID, he said the distance was 90 feet. As a conceptual example, Mr. Henk discussed access management techniques that could be used on Everhart between McArdle and Corona, in essence creating a "superarterial". The techniques included raised median treatment, improved access density, and added capacity. He said the net result of the analysis from a safety perspective was a 50 percent reduction in the number of conflict points. In addition, the national averages for projects with this reduction yield a 25 to 50 percent reduction in mid -block crashes. From an operational standpoint, Mr. Henk stated that the total network delay would be reduced by about 44 percent, resulting in a yearly time savings for more than $3 million. Also, the analysis indicated that the average travel speed from SPID to Corona would increase from 15 mph to 22 mph. In conclusion, Mr. Henk recognized that it was not realistic to expect to completely transition to half -mile signal spacing and eliminating driveways on all the arterials. If a few strategic arterials could be selected, however, especially in critical areas adjacent to SPID, the community would benefit greatly. Council Member Scott asked for more information on how a superarterial could be created on Staples Street, for example. Mr. Wood replied that ideally a large number of stop lights and driveways would be eliminated. He acknowledged that this was a painful experience, but removing stop lights and driveways was not the starting place for creating a superarterial. Actually, Mr. Wood said that the starting point was a detailed planning process, including developing and adopting ordinances that require businesses to combine driveways in providing access to each business to eliminate conflict points. Council Member Kinnison asked for more information on how quickly the short-term recommendation would be implemented. Mr. Wood replied that in two years, TXDoT anticipated going to construction with project, assuming public support and no environmental conflicts. He anticipated that construction time would be about a year. Mr. Kinnison asked about the time line for the other improvements mentioned for north and south of the arterials, such as traffic lights. Mr. Wood replied that most of those streets were city streets, and deferred the question to city staff. Mr. Angel Escobar, City Engineer, replied that one of the improvements that has already been completed was to add lane delineators on Staples and Everhart, which has improved the capacity of those streets. He said adding lane delineators to other arterials would help tremendously. Mr. Kinnison asked when staff planned to implement these improvements. Mr. Escobar replied that on the CIP budget the Council would be reviewing later this afternoon, there are several million dollars allocated for the next bond program to complete future improvements. Mr. Kinnison asked if there were any other plans for improvements between now and Christmas. Assistant City Manager Massey replied that staff continued to work on signal timing. Mr. Kinnison asked if the Staples Street traffic signals were synchronized. Mr. Escobar replied affirmatively, except when a pedestrian using a crosswalk pushed a button. Mr. Kinnison asked if there were any ways to keep the lights synchronized while still allowing for pedestrian safety. Mr. Escobar replied that the crosswalks could be moved farther away. Ms. Cooper commented that it seemed that a superarterial would be created more easily on a streets like Rodd Field and Airline because they were not as developed as Staples or Everhart. Mr. Wood agreed, saying that any ordinance the city were to create regarding driveways would only affect future development. Creating a superarterial on a highly developed street like Staples would Minutes - Regular Council Meeting November 18, 2003 - Page 14 involve intensive negotiations between the city and the business owners affected, a painful process. Mr. Garrett commented that in his opinion, closing the first entrance into Padre Staples Mall at Staples Street would eliminate a great deal of congestion. He asked if this could be done. Mr. Wood said TXDoT has been discussing the matter with the mall manager, and he is planning to make a number of changes. Of course, Mr. Wood acknowledged that they could not force him to make this change, but if he was willing, TXDoT would offer their assistance. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 28 regarding AEP Texas Central's rate change request. Mr. Steve Porter with Lloyd, Gosselink, Blevins and Rochelle, said that today's resolution would suspend a rate request that AEP Texas Central Company had filed before the Public Utility Commission on November 3, 2003. He said the 90 -day suspension would allow his firm to evaluate the company's claims and its request. He said the filing was 13 volumes with 25 expert witnesses and would require some time to go through. He said 33 cities in AEP's service territory adopt the resolution before the Council today. He said the case was particularly important case because AEP was proposing to increase residential rates by 18 percent and street lighting rates would increase by 35 percent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. RESOLUTION NO. 025565 Resolution suspending the effective date of AEP Texas Central Company's (formerly Central Power and Light Company) requested rate changes to permit the City time to study the request and to establish reasonable rates; approving cooperation with other cities within AEP Texas Central Company's service territory; authorizing intervention in the proceeding at the Public Utility Commission; authorizing the hiring of legal counsel and consultants; requiring reimbursement of the City's rate case expenses; and requiring notice of this resolution to the company. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 21, an overview of the proposed FY 2003-2004 Capital Budget and Capital Improvement Guide (CIP). Mr. Mark McDaniel, Executive Director of Support Services, provided a general overview of the budget. He said the CIP Planning Process consisted of a long-range CIP, a short-range CIP and an annual capital budget. The long-range plan included unfunded future needs assessment beyond Year 3. The short-range CIP was a fully -funded, three-year plan. Finally, the annual capital budget was the first year of the short-range CIP. Regarding the Year 1 plan, Mr. McDaniel provided the following issues: $173.6 million in expenditures; Bond 2000 projects are substantially underway or complete; six percent utility rate increase adopted for FY 2003-04; enhanced storm water /drainage funding; water supply projects; Minutes - Regular Council Meeting November 18, 2003 - Page 15 and continued funding for ADA Transition Plan. He noted that the ADA Transition Plan had been programmed beyond three years, including 2004-05 and 2005-06. He also noted that the landfill was not included for the next budget year, but staff would be presenting the Council with a variety of options next month. Regarding FY 2003-04 revenues, Mr. McDaniel reviewed a pie chart with the following highlights: Commercial Paper- $73,823,700 (43 percent); Sales Tax Bond Issues - $32,636,700 (19 percent); and FAA grant - $27,580,700 (16 percent). Regarding FY 2003-04 expenditures, Mr. McDaniel provided more detail on the utilities fund, comprised of $76,556,500 (43.9 percent) of total expenditures. The utilities portion included the following funding: storm water $33,050,000 (19 percent); wastewater $20,247,000 (11.5 percent); water $15,280,000 (nine percent); water supply $6,371,000 (3.5 percent); and gas $1,608,500 (0.9 percent). Mr. McDaniel reviewed the short-range CIP revenues and the short-range CIP expenditures in two bar graphs. He remarked that the funding stream for the three-year time period did not include any projects for Bond 2004. Mr. McDaniel noted that Year 1 expenditures were being planned primarily for drainage and storm water improvements. In Year 2, expenditures were focused for water, wastewater and seawall improvements. Mr. McDaniel provided a pie chart of the FY 2007 and beyond long-range CIP. He noted that streets were being allocated $488,375,000 or 42 percent. He said utilities comprised 41 percent of the long-range budget, or $471,263,000. For Park and Recreation projects, he said $99,286,000 was being allocated, or nine percent. Mr. McDaniel reviewed the short-range CIP budget for the Airport. He noted that terminal improvements comprised approximately 64 percent of the total. In the long-range CIP, the largest project was the runway extension, comprising 56 percent of the budget. He said the funding sources were primarily FAA grants and Passenger Facility Charges (PFC). Mr. McDaniel reviewed the Park and Recreation short-range CIP. He noted that the largest part of the budget was going toward Corpus Christi Natatorium Improvements, comprising 71 percent of the budget, or $450,000,000. He said the project was jointly funded by CCISD and the city. The city's share was 35 percent of the funding. The long-range plan included a large number of unfunded projects, ranging from $20 million in marina improvements to a third golf course and a skate park. Mayor Neal asked if the implementation of the bayfront study was included in these figures. Mr. McDaniel replied negatively, but said staff was using a "placeholder" to recognize that the project was out there. Regarding the public facilities short-range CIP, 88 percent, or $21,500,000, of the total budget was comprised by the minor league baseball stadium. The City Hall renovation project comprised 10 percent of the budget, or $2,500,000. The long-range CIP was dedicated in large part to the Southside Branch expansion (47 percent) and the Northwest Library expansion (27 percent). He also noted that the Museum improvements and the Harbor Bridge Lighting were included. Mr. McDaniel said the Coliseum was not included in the long-range CIP, but staff has set a "place holder"for it as well. Minutes - Regular Council Meeting November 18, 2003 - Page 16 In reference to Public Health and Safety, the short-range CIP included the seawall, sidewalk and marina bulkhead comprised 63 percent of the budget, or $30,486,700. The new landfill or J.C. Elliott improvements were also included, comprising 37 percent or $18,134,000. The long-range CIP was focused on new Municipal Court facilities ($10,225,000 or 30 percent) and the Public Safety Training Facility, Phase 2 ($10,000,000 or 29 percent). The Streets short-range CIP was primarily comprised of the Yorktown Road project (19 percent or $2,994,800), the Home Road project (14 percent or $2,231,100), FM 624 project (17 percent or $2,776,400) and the McKinzie Road, Phase 2 project (12 percent or $1,950,400). The long-range CIP included 64 large-scale projects, with $124,000,000 (25 percent) for ADA curb ramps. He noted that these numbers did not include drainage that the Council might want to add in lieu of funding through utility rates. Council Member Noyola expressed his concern that improvements to neighborhood streets were not included in the CIP budget. Regarding Combined Utilities, Mr. McDaniel discussed the gas short-range CIP. He said the automated gas meter reading project comprised the majority of the budget, 85 percent or $3,500,000. The gas long-range CIP included the automated gas meter reading program, budgeted at $7,000,000 or 57 percent. Regarding the storm water short-range CIP, Mr. McDaniel noted that the candidate storm water drainage projects comprised 89 percent or $37,800,000 ofthe budget. The storm water long-range CIP was primarily composed of the Water Street Pump Station construction at 39 percent or $18,500,000. Regarding the wastewater short-range CIP, the major project was the New Broadway Plant and Diversion, comprising $20,450,000 or 32 percent of the budget. He noted that the Broadway Plant was also a major component ofthe long-range CIP at $40,00,000 or 25 percent ofthe budget. The water short-range CIP consisted of additional water supply to Padre/Mustang Island at 34 percent or $18,550,000 and 18 percent or $9,338,000 for improvements to the O.N. Stevens Plant. Mr. McDaniel stated that a large portion of the long-range CIP was comprised of improvements to the O.N. Stevens Plant (59 percent or $86,078,000). Regarding the water supply short-range CIP, he noted that there were aggressive measures included for the engineering for the Garwood Water Supply pipeline ($7,500,000 or 36 percent). The Padre Island Desalination Facility was also a major project, budgeted at $5,000,000 or 48 percent. He noted that the Governor's Desalination Project funding was yet to be determined. In summary, Mr. McDaniel remarked that the proposed CIP was reviewed by the Planning Commission. They recommended one amendment to the streets section to include a Phase 3 on Wooldridge Road from Rodd Field to the terminus (Victoria Park area). Mayor Neal remarked that the CIP budget included provisions for improvements for storm water drainage and streets to some degree. However, Mayor Neal was concerned that although the citizens had identified these areas as priority needs, he did not feel that the proposed CIP addressed their concerns about the poor conditions of neighborhood streets. He was concerned that the CIP projects would not be attractive to the voters during the Bond 2004 election. City Manager Noe replied that staff needed direction from the Council in terms of how much money they wanted to spend - e.g. $5 million a year over three years for streets. He said once the Council decided on a Minutes - Regular Council Meeting November 18, 2003 - Page 17 target amount, staff could develop some estimates on the highest priority residential street construction projects. Mayor Neal replied that Council needed guidelines on breaking down the numbers and allowing the Council to identify which street projects were needed in their district. Mr. McDaniel discussed the Proposed Bond 2004 budget. He said the proposed FY 2004 CIP guide including the following project categories and costs: streets - $488,375,000; ADA improvements - $124,000,000; public facilities - $7,421,000; public health and safety - $33,190,000; parks and recreation - $99,286,000; storm water - $48,000,000; for a total of $800,272,000. Mr. McDaniel discussed the following bond sizing considerations: large vs. small; affordability; project management; market saturation; utility rates; and bond rating/interest rate. He reviewed the Bond 2004 tentative timeline/process. He highlighted the following process considerations: citizen involvement; project development; timing; and information campaign. Finally, he noted that on December 9, the Council was scheduled to consider the first reading of the CIP, followed by the second reading on December 16. Mr. Garrett asked if the airport was able to accommodate all large aircraft now. Mr. Dave Hamrick, Director of Aviation, replied negatively, saying that the runway was too short to accommodate large cargo aircraft. Mr. Kinnison remarked that the current proposed Bond 2004 was only meeting 30 percent of the city's short-term needs over 17 years, which he did not think would be attractive to the voters. He noted that this estimate assumed no tax increase and 3 percent growth. He felt it was time to raise the bar and ask the voters to pick and choose the projects. He also said the city needed to be candid with voters and inform them that other tax increases would follow in order to meet the operational and capital costs. Mayor Neal asked staff to arrange a workshop at noon on December 16 meeting to discuss Bond 2004 in more detail. Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following item: 21. Public hearing on FY 2003-2004 Capital Budget and CIP Guide There were no comments from the audience. A motion was made, seconded and passed to close the public hearing. Mayor Neal called for a brief recess. * * * * * * * * * * * * * The Council returned from recess. Mayor Pro Tem Chesney referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following item: 22.a. Public hearing to consider adopting the Mustang -Padre Island Area Development Plan, an element of the Comprehensive Plan, for purposes of defining the City's Comprehensive Plan Policies on Mustang and Padre Island for protection of the environment, future land use, transportation, public services, dune protection, beach access, Packery Channel, and capital improvements. Minutes - Regular Council Meeting November 18, 2003 - Page 18 Mr. Gunning asked Mr. Bob Payne, Senior City Planner, to provide a brief presentation on the plan highlights. Mr. Payne said the overall goal of the plan was to assist in transforming Mustang and Padre Islands into a world-renowned tourist, resort and residential community. Mr. Payne explained that a Stakeholders Group was formed to assist in developing this plan. He noted that two of the members, a representative from the Padre Island Business Association and Planning Commissioner Richard Smith, were in the audience today. He stated that the Stakeholders Group was composed of residents, business leaders, environmentalists and others. The role of the Stakeholders Group was to help identify the issues the plan should address in this area. A draft plan was created, and the Stakeholders Group was invited to assist in drafting the plan. He said that Planning Commission and various city boards were also asked to review the plan and make recommendations. Mr. Payne commented that the plan covered the entire island area, including the causeway. He said it was 48 square mile area with an abundance of wetlands, tidal flats and other environmentally sensitive areas. He stated that the area was probably the fastest growing area in the community, averaging a 12 percent annual growth rate. Staff believes the area could ultimately support a population of 40,000 to 50,000. Mr. Payne provided the following age characteristics of the area: 0-20 years of age (yoa) - 16 percent; 21-64 yoa - 70 percent; and 65 and over yoa - 14 percent. The median income for the area is $60,200 versus $36,400 citywide. The median home value is approximately $216,000. Mr. Payne discussed the following plan highlights regarding the environment: 62 percent of this area is publicly held and cannot be developed; site plan review; and encourage voluntary protection of wetlands through incentives, including higher development densities. Regarding land use, Mr. Payne stated that the plan would support the following future land use patterns: commercial with good access and high visibility; protection of residential activities from incompatible activities; higher intensity activities at major arterial intersections; medium intensity activities at arterial/collector intersections; prohibit industrial uses on the island; and wherever practical, place utilities underground. With regard to urban design elements, Mr. Payne stated the plan encouraged high quality of development for the island, comparable to the downtown area. Council Member Garrett asked what criteria was used to select the members of the Stakeholders Group. Mr. Payne replied that staff sought representation from residents, developers, engineers and property owners. Mr. Garrett asked who was responsible for selecting the members of the group. Mr. Payne replied that staff contacted the individuals. Mr. Noe added that staff also sought out representatives from the Padre Island Property Owners Association and similar organizations. Mr. Garrett asked why the Asset Development Corporation was not included in the group. Mr. Payne replied that they were the first organization that staff contacted and had provided a draft proposal. Mr. Payne stated that there must have been a misunderstanding, however, because the corporation representative they spoke with declined to discuss the plan, saying it was too Minutes - Regular Council Meeting November 18, 2003 - Page 19 premature. He said the corporation had expressed interest in participating recently and staff was involving them. He noted that staff had spoken with the group in the summer and had made an effort to accommodate their needs in the plan. Mr. Garrett expressed concern that staff did not make more of an effort to involve the Asset Development Corporation. City Manager Noe replied that staff did make an effort to contact them and provided a draft to the designated consultant for the group several months ago in an effort to get their input. Mr. Garrett again expressed concern that the Council was being asked to approve this plan without including the input of one of the largest landholders in the area. Mr. Noe replied that he had told Mr. Schexnailder that staff certainly wanted his comments and feedback. He said during the process, he had asked staff on a number of occasions about the compatibility of the plan with Mr. Schexnailder's development plans. Mr. Noe stated that any suggestions Mr. Schexnailder had could be incorporated into the second reading of the ordinance. Mr. Garrett said he appreciated that, because he could not vote to approve the plan if he did not feel certain that everyone had been involved, especially a large property owner like Mr. Schexnailder. Mayor Pro Tem Chesney asked if the meetings were publicized. City Manager Noe replied affirmatively. Mr. Payne clarified that notices were published in the paper for the presentations to the boards and commissions. Mayor Pro Tem Chesney stated that he was also concerned that Mr. Schexnailder's group was not involved in the discussions, but he appreciated staff's comments today that they would make an effort to do so. Mayor Pro Tem Chesney asked for public comment. Mr. Paul Schexnailder, principal of Asset Development Corporation, said that he had met with staff yesterday and the meeting went well. He stated that he did not receive a copy of the plan nor did his representative, although his representative acknowledged that he receives many plans. He expressed concern that the plan would be approved prior to his group finishing the first level for the rest of the island. He also noted the following concerns about the canal site, the service road and the mixed use zoning. He asked that his consultant group Cooper Robertson be allowed to complete their plan before the Council finalize the city's plan. Mayor Pro Tem Chesney asked how much time Mr. Schexnailder would need. Mr. Schexnailder replied that at a minimum, he would need approximately 45 to 60 days. Mr. Scott spoke in favor of giving Mr. Schexnailder this amount of time. City Manager Noe recommended adopting the plan on first reading and then make any changes before the second reading in 60 days. Mayor Pro Tem Chesney called for a brief recess to allow for petitions from the audience. * * * * * * * * * * * * * Mayor Pro Tem Chesney called for petitions from the audience. Mr. John Arguell, 4940 Shadow Bend, spoke regarding his concerns about the city's retiree insurance administrator, Benefits Advantage. Ms. Dee Huber, 1311 15th Street, spoke regarding her concerns about utility rate increases. Mr. Leo Vrana, 4210 Courthouse Oak Court, spoke about the possibility of changing the name of the Harbor Bridge to the Pearl Harbor Memorial Bridge. Mr. Ram Chavez, 1642 Sandalwood, spoke in support of Mr. Vrana's idea. Minutes - Regular Council Meeting November 18, 2003 - Page 20 * * * * * * * * * * * * * Mayor Pro Tem Chesney resumed the public hearing on the Mustang Padre Island Area Development Plan. Mr. Richard Smith, 13849 Doubloon, spoke in support of the plan, saying it was a fair representation of the Island's needs. He also spoke in support of postponing the final reading of the plan to allow for Mr. Schexnailder's input. A motion was made, seconded and passed to close the public hearing. Mr. Gunning stated that staff had looked at Mr. Schexnailder's plan and did not want the development plan to have nay adverse effects on his development. Mr. Scott made a motion was made, seconded by Mr. Garrett, to adopt the first reading and bring the plan back for a second reading in no more than 60 days. The motion passed unanimously (Neal and Cooper were absent). City Secretary Chapa polled the Council for their votes as follows: 22.b. FIRST READING ORDINANCE Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by adopting the Mustang -Padre Island Area Development Plan; defining the City's Comprehensive Plan Policies on Mustang and Padre Island for protection of the environment, future land use, transportation, public services, dune protection, beach access, Packery Channel and capital improvements. The foregoing ordinance was passed and approved on its first reading with the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. * * * * * * * * * * * * * Mayor Pro Tem Chesney deviated from the agenda and opened discussion on Item 29, regarding the Water System Interactive Hydraulic Model. Assistant City Manager Massey introduced Mr. Dan Leyendecker with LNV Engineering, to provide a presentation. Mr. Leyendecker stated that the overall project goal was to develop hydraulic modeling tools to do the following: support macro decision making in response to new major water users; support decision making with regard to other utility projects; assist with system performance diagnostics; support responses to management questions; system operation optimization; support emergency responses; ASR feasibility evaluation and potential future operational control; and provide water quality prediction. Mr. Leyendecker stated that the hydraulic modeling software had a GIS based user interface and was EPANET compatible. There were no comments from the audience. A motion was made, seconded and passed unanimously (Neal, Cooper and Garrett were absent) to approve the following motion: 29. MOTION NO. 2003-420 Motion authorizing the City Manager or his designee to execute a consultant contract with Minutes - Regular Council Meeting November 18, 2003 - Page 21 LNV Engineering, of Corpus Christi, Texas for a total fee not to exceed of $507,157 for the Water System Interactive Hydraulic Model and Analysis Project. Before moving to the next item on the agenda, Mayor Pro Tem Chesney made a motion directing the City Manager to prepare and schedule the necessary public hearings and consideration by the Planning Commission amendments to the City's Zoning Ordinance to increase the size of temporary non -illuminated signs pertaining to the lease, hire, or sale of improved residential properties from four (4) square feet to six (6) square feet, which would include any riders; to allow the use of letter -sized flyer boxes on improved and vacant residential properties; to allow the use of temporary non -illuminated signs pertaining to the lease, hire, or sale of vacant residential lots that are less than three (3) acres if the sign is not larger than six (6) square feet, which would include any riders; to allow the use of temporary non -illuminated signs that are not larger thanl6 square feet pertaining to the lease, hire, or sale of vacant residential lots that are at least three (3) acres but less than five (5) acres; and to allow the use of temporary non -illuminated signs that are not larger than 32 square feet pertaining to the lease, hire, or sale of vacant residential lots that are at least five (5) acres. The motion was seconded and passed unanimously (Neal and Cooper were absent). * * * * * * * * * * * * * Mayor Pro Tem Chesney referred to the rest of the presentations on the day's agenda. It was decided that Item 24, a Street Services update, could be postponed to a future meeting due to the late hour. Mayor Pro Tem Chesney referred to Item 25, a Utility Re -Engineering Update. Assistant City Massey stated that the water and wastewater plants had made progress in the last six months in the following areas: started skill -based pay pilot and continued improving work management processes. He also stated that the water department is holding controllable costs to 1995 levels. He noted that the O.N. Stevens Plant had cut its overtime by more than 50 percent in 2002 and was keeping overtime at the new, lower level. He also said the Water Department was improving backlog management by planning more work in advance. He stated that wastewater treatment was holding staff costs at 1994-95 levels and improving documentation and practices (balancing completed and new work orders). Mr. Massey discussed the following progress made in distribution, collection, storm water and gas over the last six month: went "live" on integrated GIS and MAXIMO and other processes. He said ongoing activities were integrating HTE (billing) with MAXIMO and integrating PeopleSoft Inventory with MAXIMO. He said that as of the last update in June 2003, new SCADA, GIS and WMS integration had been implemented and intranet access was available. Mr. Massey said the next steps in the Re-engineering Program were in the following areas: Call Center, streets and solid waste collection; facility management; park and recreation; integration with utility SCADA; and piloting computers in the field. Mr. Colmenero asked if there were any security measures to protect the confidentiality of the information. Ms. Nancy Learner, Managing Partner with EMA, Inc., replied that all the users have private passwords and the database had security measures built in. Mr. Noyola asked if positions were being eliminated by attrition. Mr. Massey answered affirmatively. Minutes - Regular Council Meeting November 18, 2003 - Page 22 * * * * * * * * * * * * * Mayor Pro Tem Chesney opened discussion on Item 26 regarding a contract for a Computerized Maintenance Management System. There were no comments from the audience. A motion was made, seconded and passed unanimously (Neal and Cooper were absent) to approve the following motion: 26. MOTION NO. 2003-418 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the contract with EMA, Inc., of Tucson, Arizona in the amount of $1,090,000 for next phase implementation of the Computerized Maintenance Management System. Mayor Pro Tem Chesney opened discussion on Item 27 regarding the Multi Purpose Arena seating package. City Secretary Chapa announced that Mr. Kelly would be abstaining from the vote and discussion on this item. City Manager Noe noted that the seating package bid was under the estimate of $1.8 million. Mr. Kinnison asked about the quality of the seats. Mr. Noe replied that there were three types of seating. The bulk of the seating has a plastic seat while the premium seating is padded. He said the seating in the suites is larger and has wooden arms. He said the premium seating and the club seats had cup holders. Mr. Kevin Stowers added that cup holders could be added to all the seats later if the Council wished. A motion was made, seconded and passed unanimously (Neal and Cooper were absent; Kelly abstained) to approve the following motion: 27. MOTION NO. 2003-419 Motion authorizing the City Manager or his designee to execute a seating package contract with Irwin Seating Company, of Grand Rapids, Michigan in an amount not to exceed $1,230,504.75 for the Corpus Christi Bayfront Multi -Purpose Arena Seating Package. Mayor Pro Tem Chesney noted that Item 30 had been withdrawn. 30. WITHDRAWN Y 6,.Gcbent Lctwccn the City omp.la nd Guiftcn a EeR gy Pal tne. S, L.P., Sa ttl.ng claims of the City fvr pant USc of C1ty rigllta-of vDa7 and p.upa..ty by na anal ita p.cdccway. a, gl all I116 tv GulIlc..a t1lc tight .LL vtla. pclwICum ply Uua.W Iv. a ‘..t v1 wu yc tc1 n1, ataUI1blLing Lhc a.hal 6ca Tv. such uac vl pullLc plvpa,ay, plvv.unlg 1vt cHut avw n da, ... y .isl.ta-vfway, p.upa,.ly, aual u.ta.. calx, an pluv1d1•.6 fu. Minutes - Regular Council Meeting November 18, 2003 - Page 23 Liaw ci a. * * * * * * * * * * * * * Mayor Pro Tem Chesney called for the City Manager's report. City Manager Noe stated that staff would be briefing the County Commissioners on the status of Packery Channel. He said the next Council meeting would be on December 9 beginning at 2:00 p.m. He said the following items were scheduled on the agenda: animal control, Southside area Development Plan, the ADA transition plan and the capital budget. He said that on December 16, the Council would be considering the coliseum re -use plans and the second reading for the capital budget. Mayor Pro Tem Chesney asked if staff would be providing a report on the county's request regarding the jail funding. City Manager Noe replied that staff met this morning to discuss the final meeting of the joint committee this Thursday. He said staff would provide a report in December on the county's proposal and staffs recommendation. Mayor Pro Tem Chesney wished everyone a Happy Thanksgiving. Mayor Pro Tem Chesney called for Council concerns and reports. Council Member Garrett spoke regarding the new Fire Station No. 16. He asked if TXDoT could put up some signage to inform the public that they were approaching a fire station. Mr. Kinnison said that everyone's thoughts and prayers were with the wounded police officers and their families, as well as the entire police force. Mr. Colmenero stated that it appeared the issue regarding the construction on Ayers adversely affecting the merchants in the area had been resolved. Mr. Escobar replied that the construction would be completed to a point before Thanksgiving, and then resume after the first of the year. He also thanked staff for keeping the Council informed on the neighborhood initiative program. There being no further business to come before the Council, Mayor Pro Tem Chesney adjourned the Council meeting at 6:45 p.m. on November 18, 2003. * * * * * * * * * * * * *