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HomeMy WebLinkAboutMinutes City Council - 02/15/2005I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of February 15, 2005, which were approved as amended by the City Council on February 22, 2005. WITNESSETH MY HAND AND SEAL, on this the 22nd day of February, 2005. Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 15, 2005 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. George Pledger with the Weber Road Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 8, 2005. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Mary J. Saenz (Reappointed) Brian Watson (Reappointed) Roberto M. Flores (Reappointed) Eloy Soza (Reappointed) David Walker (Appointed) Human Relations Commission Gilbert Fuentes (Appointed) O.K. Smith (Appointed) Jennifer Starr (Appointed) Leadership Committee for Senior Services Roland Medrano (Reappointed) Alan D. Bligh (Reappointed) Marion Ball (Reappointed) Donna Marie Cisneros (Reappointed) Lou Trlica (Reappointed) Teresa Martinez (Appointed) Leadership Committee for Sr. Svcs. (con't.) Yvonne Mendez (Appointed) Kathy Herron (Appointed) Sister City Committee Omar Garcia (Appointed) Dr. Ridge Hammons (Appointed) Small Business Advisory Committee Carmen Arias (Appointed) Anita Cadena (Appointed) Joe Cisneros III (Appointed) Anne Drier (Appointed) Sylvia Ford (Appointed) Rose M. Gonzalez (Appointed) L.C. (Bud) Harris III (Appointed) Carole Peterson (Appointed) Lamont Taylor (Appointed) Minutes - Regular Council Meeting February 15, 2005 - Page 2 * * * * * * * * * * * ** Mayor Neal referred to the presentation on the day's agenda, a status report on the Downtown Transportation Study by the Regional Transportation Authority (RTA). Noting that this was a presentation item, Mr. Chesney stated he understood Mr. Kinnison had previously requested an action item on the trolley item so the Council could formally provide direction to the RTA on the streetcar project. City Secretary Chapa replied the Council could make a motion after the presentation to direct the City Manager to place a related item on a future agenda Council Members Kelly and Scott abstained from participating in the discussion on this item. RTA Director Ricardo A. Sanchez stated today's status report was comprised of four topics: challenges and opportunities; current status; next steps/key turning points; and project significance. Regarding the challenges and opportunities, Mr. Sanchez reported the new attractions in the Bayfront Arts and Science Complex (e.g. arena, baseball stadium) will impact the area in the following ways: increased traffic on arterials; increased demand for parking; and reduced connectivity to attractions. Mr. Sanchez stated the RTA's consultants were predicting that the number of visitors attending the area's venues would double from 362,000 to 761,000 within the next two to three years. In addition, the parking study recently commissioned by the city showed that there would be 20 or 30 days of the year where the parking demand would exceed the available 2,800 parking spaces in the area. Finally, he said the RTA was facing the need to respond to other service requests above and beyond the Bayfront Express. To date, the Bayfront Express had transported about 25,000 people in the past three months. Mr. Sanchez discussed aspects of the South Central Area Development Plan, which he felt served as the RTA's transportation blueprint for the area. He said the plan supported an enhanced public transportation system, like the streetcar, that would minimize congestion, act as an economic stimulus, and serve as an attraction unto itself. After reviewing the South Central Area Development Plan and considering the current situation in the downtown area, Mr. Sanchez reported the RTA's consultants had developed six transportation objectives as follows: provide for a balanced transportation system; connect uptown to downtown to the Bayfront; encourage public-private development along stations; make uptown, downtown, and the Bayfront more pedestrian friendly; reinforce the visitor economy; and provide services that are cost-effective. RTA Director of Operations David V. Seiler discussed the current status of the Downtown Transportation Study. Mr. Seiler briefly reviewed the evolution of the project. The study actually began in 2001, resulting from public concerns about traffic circulation and parking related to the arena project. A meeting between the RTA, the Port of Corpus Christi, the Downtown Management District (DMD), the Chamber of Commerce, the Metropolitan Planning Organization (MPO), and the City was held to discuss transportation issues in the downtown area. He stated the RTA was asked to take the lead role in the development of the transportation study. Mr. Seiler reported the first phase of the Downtown Transportation Study was a feasibility study, funded primarily by the MPO with limited participation from other partners. The study included an extensive public participation effort, including public presentations and public surveys. Subsequently, he said the general consensus at that time indicated the preferable choice was a fixed Minutes - Regular Council Meeting February 15, 2005 - Page 3 rail system. The second phase was the environmental study process which, afer two years, has culminated in a complete environmental assessment draft. Mr. Seiler discussed the principal issues identified in the feasibility study. The first issue was the need for an upgraded transportation system, and the evolving considerations related to this. The second issue was what type of vehicle was preferable, and a preference for a vintage or more contemporary streetcar system was indicated. The third issue was the preferred alignment, and a significant discussion ensued in the community regarding this issue. The discussion culminated in the City Council's resolution passed on May 2004 which placed a strong emphasis against any type of improved transportation system or rail type on Shoreline Boulevard south of IH -37. Consequently, this preferred alignment was included in the environmental assessment study draft. Mr. Seiler briefly reviewed selected aspects of the City Council resolution regarding the streetcar system passed on May 11, 2004. The resolution stated the Council supported the general concept of an enhanced transit system including, but not limited to, a streetcar system. The Council also urged the RTA to complete the environmental assessment, but cautioned that the Council's expression of support should not be interpreted as a funding commitment. Finally, he said the resolution emphasized the Council did not support the development of a trolley system on Shoreline Boulevard south of IH -37. Mr. Seiler displayed a slide illustrating the hybrid route selected for the environmental assessment study. The route traveled along Water Street between William Street and IH -37, and along Shoreline Boulevard between IH -37 and the new arena. Mr. Seiler discussed the contents of the environmental assessment administrative draft. He stated it was a comprehensive document, including a no build analysis, vehicle types study, financing scenarios, capital and O&M costs, and site impact. Mr. Seiler reported on the next steps to making an informed decision on the streetcar system. He commented there seemed to be a perception that the RTA was ready to begin preliminary engineering on the project, which was false, although the RTA Board of Directors could opt to do this in the future. He said the RTA staff was working with the Federal Transit Administration regional office to follow the appropriate steps for a project of this scope. The steps included in the environmental assessment draft were as follows: amending and approval of Environmental Assessment Administrative draft; providing notice of availability (NOA) comment period and public hearing; approval of "Finding of No Significant Impact" (FONSI); MPO Transportation Improvement Program (TIP) amendment; and Project Management Plan (PMP). With regard to Step One, the environmental assessment (EA) administrative draft, Mr. Seiler reported the draft was sent to the Federal Transit Administration (FTA) regional office in December 2004. Staff expected to receive FTA comments on the proposal within 30 days, and then would integrate their comments into the final document. He said the FTA would judge the proposal on the following criteria: technical merit; addresses the required elements; and fundable from a federal perspective. Once the revisions were made, the amended environment assessment (EA) would be submitted for approval and signature. After the environmental assessment was signed, Mr. Seiler stated Step Two was to release Minutes - Regular Council Meeting February 15, 2005 - Page 4 the document for 30 days of public review, known as the Notice of EA Availability (NOA) period. The document is also made available to federal, state and local agencies with an interest in the project. In addition, the RTA would hold a public meeting to determine whether any significant environmental impacts were identified. Mr. Seiler stated the RTA would then refer any comments to the FTA as part of the Finding of No Significant Impact (FONSI) document, Step 3 of the process. The RTA would submit a draft FONSI with the approval of the RTA Board of Directors. The draft would include the following elements: summary of comments/responses from the NOA process; confirmation of locally preferred alternative (LPA) route by the RTA Board; and an FTA review period of 30 to 90 days. The RTA would revise the FONSI according to the FTA's review comments, and then submit the amended final FONSI document for approval and signature. Mr. Seiler reviewed the final steps of the process as follows: amend the MPO Transportation Improvement Program subject to MPO approval; completion of Project Management Plan (PMP) subject to FTA approval; and request approval from FTA to enter into Preliminary Engineering. Mr. Seiler discussed the Project Management Plan in more detail. He said it was basically a business plan, in which the RTA assessed whether the project was viable for the RTA and for the community. Other considerations would be the RTA's capacity to implement and maintain a new major system along with its current system, the establishment of a formal financial plan (including capital and O&M costs), a description of how the RTA would manage the project, and further interaction with stakeholders. He emphasized the PMP must include deliberations with stakeholders affected by the project and address all agencies' issues and roles (i.e. right-of-way agreements, relationships to other projects). Finally, Mr. Seiler reported on the various capital funding sources. The RTA estimated that 50 to 80 percent of the funding would come from federal sources, such as the FTA New Starts program, other Section 5309 discretionary funds, and Section 5307 formula funds. The remainder of the funding would come from State sources (e.g. TERP, Statewide Transportation Enhancement), regional and local sources (RTA, Port, and MPO, in-kind sharing, etc.), and private sources. Mr. Sanchez concluded the presentation by providing his perspective on the project's significance. He said transit -integrated or oriented development was a national trend that greatly benefitted communities. There were many urban areas vying for FTA New Start Program funding, and he noted there was a recent resurgence in the popularity of the streetcar concept. Mr. Sanchez stated there were numerous unanswered questions that required further study and final consideration. He said RTA staff was committed to working even more closely with city staff to respond to all transit challenges. Finally, he said the RTA was committed to recommending the most appropriate and the best transportation "solution". In closing, he said Corpus Christi deserved a "First Class Public Transportation System" to meet the needs of first class venues. Mr. Colmenero spoke in support of continuing with the environmental assessment process because he felt it would provide more information on the "big picture" related to the downtown area's transportation needs. Mr. Chesney spoke against continuing with the streetcar project because he felt the project Minutes - Regular Council Meeting February 15, 2005 - Page 5 was not in the best interests of the community. He said a rubber tire trolley could address the transportation needs of the downtown area and its new attractions just as well as a fixed rail trolley, with the advantage of being more flexible and less expensive. He also said he had received numerous calls from citizens who were opposed to the streetcar system. Therefore, he thought it would be best to stop the process now. Mr. Chesney asked that an item regarding the streetcar project be placed on the agenda for a vote so the community will know where the Council stands on the issue. Mr. Kinnison stated he had asked for this presentation to provide the Council with the opportunity to clearly communicate to the RTA their stance on the streetcar project. He asked for a project timeline. Mr. Seiler replied the anticipated completion date for the Project Management Plan was May 2005 for submission to the FTA. The preliminary engineering and the final engineering would probably be completed in one year. Pending FTA funding approval, Mr. Seiler believed the earliest time the project could be operational was in 2009. Mr. Kinnison believed the baseball stadium area already had sufficient parking for most events. He reiterated the city was not going to commit any direct funding to the project, and even went so far as saying the city would not provide indirect funding either. He also believed the RTA stated he did not believe the RTA could fund the project. He asked for a capital cost estimate on the project. Mr. Sanchez replied the streetcar project was roughly estimated to cost approximately $32 to $32.4 million, or $9 to $11 million per mile. He noted that Galveston had experimented with hybrid technology which decreased the cost to $4 million per mile, which he felt made the project more achievable. Mr. Kinnison also thought the streetcar project timeline did not coordinate well with the city's current capital projects in the bayfront area near the arena and federal courthouse. He did not want a situation to arise where the city would complete construction in these areas, only to have the RTA wreck the area's streets for the streetcar project construction. Mr. Sanchez emphasized the importance of having a good master plan to prevent this situation from occurring. Finally, Mr. Kinnison did not believe this project was a high priority for the community because it did not seem to have high levels of support. Thus, he reiterated that it was important that the Council convey this message to the RTA now if in fact it was the majority view. Mr. Noyola spoke in support of continuing with the environmental assessment portion of the streetcar project. He said it would be premature to terminate the project now without the results of the EA because it would provide the answers to many of the important questions. Mr. Sanchez agreed, saying he also felt it would be appropriate to complete the study. At some point, the city would require a more advanced method of transportation to meet its needs. Mr. Noyola stated the study was first commissioned because of traffic and parking concerns in the area. He said he had not received a single call from his constituents in opposition to the project. He felt it was important to receive a professional opinion on whether the project was feasible. He also stated he would support indirect city funding to the project to assist the RTA. Mayor Neal stated he would like to reach a decision point regarding the streetcar project. He asked what answers the environmental assessment would provide. Mr. Seiler replied the EA Minutes - Regular Council Meeting February 15, 2005 - Page 6 would determine whether the FTA felt the project had technical merit and whether it was economically feasible. Since the FTA would be the primary funding source for the project, if the EA review was not favorable, then the streetcar project would be impossible to undertake. In addition, Mr. Seiler said the Project Management Plan (PMP) would provide the answers to every question the Council had today. Mayor Neal asked when the PMP would be completed. Mr. Seiler replied the PMP would be completed by early May at the latest. Mayor Neal stated he felt it was important to make a decision regarding the streetcar project before April 1 (Note: City Council election takes place on April 2). He suggested the Council wait until the last Council meeting in March for the results of the Project Management Plan and Environmental Assessment. Mayor Neal stated it was essential that the results indicate whether the project would receive FTA funding. He said once these studies were received, then the Council could make an informed decision. Mr. Chesney asked if any public dollars would be spent on the streetcar project between now and April 1. Mr. Sanchez replied that no dollars would be spent during this time period. He said the Mayor's timeline was feasible, and he would discuss the matter further with the RTA Board of Directors. In response to Mr. Kinnison's question, Mr. Seiler stated that on or before April 1, the RTA should have a very good idea of what the maximum level of funding from the FTA would be. Mr. Kinnison asked what level of federal funding staff thought the project would receive. Mr. Sanchez guessed it would be between 50 to 60 percent of the maximum $25 million in funding, or approximately $15 million. If the projected cost estimate for the entire project was $34 million, Mr. Kinnison reiterated he did not believe the RTA could make up the $17 million difference. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4 - 15). City Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on Item 6. Mr. Abel Alonzo requested that Item 6 be discussed. Mr. Noyola requested that Item 7 be discussed. A motion was made and passed to approve Items 4 through 15, constituting the consent agenda, except for Items 6 and 7, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2005-046 Motion approving a supply agreement for brass service fittings in accordance with Bid Invitation No. BI -0007-05 with National Waterworks, Inc., of Corpus Christi, Texas based on low total bid for an estimated annual expenditure of $103,334.70. The fittings will be stocked by the Warehouse and distributed to Water Department. The term of the agreement is twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. 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 February 15, 2005 - Page 7 5. ORDINANCE NO. 026142 Ordinance appropriating $30,223 from the State Homeland Security Grant in Fire Grants Fund 1062 for purchase of a building access and security system for the Frost Bank/Emergency Operations Center building. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2005-049 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Construction, Inc., of Corpus Christi, Texas in the amount of $456,050 for the Wastewater Clean-out Installation Program FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2005-050 Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $31,125 for a total restated fee of $813,398 for the Force Main Repairs and Replacement - Country Club Estates Lift Station Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10. MOTION NO. 2005-051 Motion authorizing the City Manager or his designee to authorize a construction agreement in an amount not to exceed $88,582.43 with AEP for street Tight installation and relocation of electrical power lines on Port Avenue between Sam Rankin and United States Highway 181. 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 February 15, 2005 - Page 8 1 1.a. ORDINANCE NO. 026143 Ordinance appropriating $61,120.14 from unappropriated interest earnings and miscellaneous revenues from Park Capital improvement Program Fund No. 3280 for miscellaneous change orders and amendments; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $61,120.14. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 11.b. ORDINANCE NO. 026144 Ordinance appropriating $9,994.86 from unappropriated interest earnings and from Park and Recreation 2001 Capital Improvement Program Fund No. 3288 for miscellaneous change orders and amendments; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $9,994.86. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. MOTION NO. 2005-052 Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY2005, required by Senate Bill 1, 75`h Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion 98-034, with the City's remaining share, according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13. ORDINANCE NO. 026145 Ordinance governing City Elections in 2005, including Appointment and Compensation of Election Officials, Voting Systems, Ballot Boxes, and Central Counting Station. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting February 15, 2005 - Page 9 14. MOTION NO. 2005-053 Motion authorizing the City Manager to execute a Deferment Agreement with Onac Development, Inc., owner and developer of The Boardwalk Unit 2 Subdivision in the amount of $1,114,560.32 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2 Subdivision, in accordance with the Platting Ordinance Section V -Required Improvements, Subsection A.3.(b). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. ORDINANCE NO. 026146 Abandoning and vacating a 1,250 -square foot portion of a 10 -foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 6 regarding the transfer of the ownership of the arena from the Corpus Christi Business and Job Development Corporation (4A Board) to the city. Mr. Abel Alonzo, 1701 Thames, asked why the arena was being transferred to the city, since he thought the city had been responsible for the arena. City Manager Noe explained the city had served as the agent for the 4A Board, and the projects had been approved by the 4A Board as required by statute. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2005-047 Motion to accept ownership of the American Bank Center Arena from the Corpus Christi Business and Job Development Corporation with an effective date of February 7, 2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal opened discussion on Item 7 regarding a construction contract for wastewater line cleaning in the Broadway Basin. Mr. Noyola asked why there was such a discrepancy in the bid amounts of the local bidder, Jhabores Construction, and the out-of-town bidders. City Engineer Angel Escobar replied that Chief Environmental Survey of Houston, TX, the apparent low bidder, had extensive experience in cleaning large wastewater lines that required specialized equipment. He said it was very specialized work that local contractors did not have the equipment or expertise to complete. City Secretary Chapa polled the Council for their votes as follows: �ur Council Meeting F.,, '005 -Page 10 7. MOTION NO. 2005-048 Motion authorizing the City Manager or his designee to execute a construction contract with Chief Environmental Surveys, of Houston, Texas in the amount of $283,460 for the Broadway Basin 15 -inch and Larger Wastewater Lines Cleaning FY 2004-2005. The foregoing 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 a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding his concem that the doors of City Hall were locked after hours, even when people were still in the building for meetings or working late, saying this was a violation of the fire code. He also stated the American flag was not folded properly in a display case on the first floor of City Hall. City Secretary Chapa replied that the maintenance department was looking into the matter. Mr. Crystal Lyons, 13901 Cabana North, spoke in favor of continuing the RTA streetcar project, and also expressed concern about mobility issues in the arena area. Mr. Abel Alonzo, 1701 Thames, spoke regarding city funding of MHMR. Mr. Roland Barrera, 2621 Camargo, and Mr. Roland Garza, 2854 Alvin Drive, also spoke in favor of the continuing with the RTA streetcar project, saying the community should be allowed to decide the project's fate. Mr. Garza also asked for more crosswalks in the south side of the city, especially at the intersections of Airline and McArdle Streets, and Doddridge and Alameda Streets, among others. ************* 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 Cause No. 04- 06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District Court of Nueces County, Texas, 28`h Judicial District, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting February 15, 2005 - Page 11 27. WITHDRAWN v. Entrust, Ltc., lb,nas Duan, and Dutan Insuranc llrokcrag (tuns c.ly (auSc No. 04- 3928-G, City of Corpus CL " . . , ., zr11-irthe-3-1-9"' Judicial District Court of Nucecs County, Texas), attd alae rcga,d*J„g Cau Ne. C-04-500, Toufda utan v. City of COipus C1,.ist;, David Garcia, Donna Jands, Lcc Dun,Lauld, Gco.gL Nuc, Kath MINLely tl Y The Council went into executive session. (*Melody Cooper left at 1:00 p.m.) * * * * * * * * * * * * * The Council returned from executive session, and Mayor Neal referred to the public hearings on the days agenda. City Secretary Chapa announced that Item 16 regarding a number of street closures was being withdrawn. 16.a. WITHDRAWN ct abatlduuuig, and vacating a 53,492-atluatc foot puttivtt of tln 16.b. WITHDRAWN Fi c - Abando g dud vacating a 5),492 4 fool pothuu Of tht, Avcnue� l�strceti isht-nf-way, nnrth of l apt Navigation BOulwa.d, f un, CaA3`Ia rigation ouk and t0 I)Ica ksv at COnmttotts. 16.c. WITHDRAWN e, Su�J tO Owuti'S cOinpltauec with t aYwit-i 16.d. WITHDRAWN cg v,ama11 - nvanUumug an vacauug a lv,UO.1-ayuatc lu Sp Li contldiOus. Minutes - Regular Council Meeting Feb] uary 15, 2005 - Page 12 16.c. WITHDRAWN ca, mg (3.880 ac«s), ig,iioi Read an d Avenue "F". 16.f. WITHDRAWN g NLA Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following right-of-way closure: 17.a. Public hearing to consider abandoning and vacating a 42,471 -square foot portion of an undeveloped and unsurfaced 30 -foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 -feet southwest of the dead-end portion of the Junior Beck Drive street right-of-way). No one spoke in opposition to the right-of-way closure. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 17.b. ORDINANCE NO. 026147 Ordinance abandoning and vacating a 42,471 -square foot portion of an undeveloped and unsurfaced 30 -foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 -feet southwest of the dead-end portion of the Junior Beck Drive street right-of-way); subject to owner's compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Chesney were absent. * * * * * * * * * * * * * Mayor Neal referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-07, Tim J. Mokrv: A change of zoning from a "R -1B" One -family Dwelling District to a "B-4" General Business District, being 11.023 acres out of Lots 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located north and south of Corsica Road and east of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "B-4" General Business District and in lieu thereof, approval of an "A-1" Apartment House Minutes - Regular Council Meeting February 15, 2005 - Page 13 District on Tract - 1 and a `B-1" Neighborhood Business District on Tract - 2. Mayor Neal asked for public comment. Ms. Thelma Mokry spoke against staffs recommendation, saying she was in favor of the "B-4" zoning. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 026148 Amending the Zoning Ordinance, upon application by Tim J. Mokry by changing the zoning map in reference to 11.023 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 31 and 32 from "R -1B" One -family Dwelling District to Tract 1 - "A-1" Apartment House District and Tract 2 - `B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-01, Mostaghasi Investment: A change of zoning from an "A-1" Apartment House District to a "R -1C" One -family Dwelling District on 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10 and 11, located north of Jessica Drive and New Bedford Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1C" One -family Dwelling District. No one spoke in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 026149 Amending the Zoning Ordinance, upon application by Mostaghasi Investment by changing the zoning map in reference to 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10, and 11 from "A-1" Apartment House District to "R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting February 15, 2005 - Page 14 Mayor Neal referred to Item 20, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-02 Ali Pilehvari: A change of zoning from a "R -1B" One -family Dwelling District and "R -IB" One -family Dwelling District with a Special Permit to a "B-1" Neighborhood Business District on Alameda Park, Block 6, Lots 33 and 34, located west of Everhart Road and 200 feet south of Avalon Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the `B-1" Neighborhood Business District. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 026150 Amending the Zoning Ordinance, upon application by Ali Pilehvari by changing the zoning map in reference to Alameda Park Subdivision, Block 6, Lots 33 and 34 from "R -1B" One - family Dwelling District and "R-1B"/SP One -family Dwelling District with a Special Permit to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-03, Michael L. and Nan M. Hughes: A change of zoning from a "B-4" General Business District to an "I-3" Heavy Industrial District in Lindale Park Addition, Block 1, Lot 2A, located along the northwest corner of Swantner Drive and Ohio Street. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "I-3" Heavy Industrial District and in lieu thereof, approval of a Special Permit for a fourteen foot by fourteen foot pet crematorium building subject to Texas Commission on Environmental Quality Permit regulations. Assistant Director of Development Services Michael Gunning reported the applicants Michael and Nan Hughes requested the change in zoning from a "B-4" General Business District to an "I-3" Heavy Industrial District to install a pet crematorium at their veterinary clinic located on the corner of Ohio Avenue and Swantner Drive. He said the Planning Commission denied their request for an "I-3" district, but recommended a Special Permit for the pet crematorium. The Special Permit would limit the proposed crematorium to a 14' x 14' building with a height of 8 feet, and would also require the applicants to remain in full compliance with TCEQ permit regulations. Minutes - Regular Council Meeting February 15, 2005 - Page 15 Mr. Gunning said the owners had applied for and received a permit for a crematorium from the TCEQ. The TCEQ considered a pet crematorium an acceptable use for most veterinary clinics. TCEQ guidelines required that the odors and emissions resulting from the crematorium would have a negligible effect on the neighborhood. Mr. Gunning reported there were initial concerns expressed by property owners living in the area, but once staff provided them with more information on the project, they decided not to submit any opposition to the proposed special permit. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. In response to Mr. Kelly's question, Mr. Gunning stated the TCEQ permit regulations do not allow for the release of any odors, smells, or ashes into the area. Mr. Kelly asked what the city's enforcement was in the event the applicants did not adhere to the permit regulations. Mr. Gunning replied the city would report any violations to the state for further investigation. Mr. Noyola expressed concern about the affect the crematorium would have on the adjacent residential area. Mr. Gunning replied he knew of one other existing clinic in the city that operated a pet crematorium, but otherwise this was a new use for the city's zoning ordinances. Mr. Colmenero asked how the city would ensure the clinic was in compliance. Mr. Gunning replied code enforcement would inspect the facility only if a complaint was made, and then they would refer the complaint to the TCEQ for further investigation, and follow-up on the outcome. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 026151 Amending the Zoning Ordinance, upon application by Michael L. and Nan M. Hughes by changing the zoning map in reference to Lindale Park Subdivision, Block 1, Lot 2A (currently zoned "B-4" General Business District) by granting a Special Permit for a fourteen by fourteen foot animal crematorium subject to the regulations set forth by the Texas Commission on Environmental Quality; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Colmenero and Noyola, voting "No"; Cooper was 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: Case No. 0105-04, Vic Kasan: A change of zoning from a "R -1B" One -family Dwelling District to a "B-4" General Business District. The property is in Brookhaven Subdivision, Block 8, Lot 1, located along the southwest corner of Brookhaven Drive and Brookside Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business District. Minutes - Regular Council Meeting Febi uary 15, 2005 - Page 16 No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the publ is hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 026152 Amending the Zoning Ordinance, upon application by Vic Kasan by changing the zoning map in reference to Brookhaven Subdivision, Block 8, Lot 1, from "R -1B" One -family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-05 Alty Enterprises Inc.: A change of zoning from a "F -R" Farm -Rural District to a "R -IB" One -family Dwelling District being 57.94 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field Road and south of Slough Road (future Lipes Boulevard). City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1B" One -family Dwelling District. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 026153 Amending the Zoning Ordinance, upon application by Alty Enterprises by changing the zoning map in reference to 57.948 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4 from "F -R" Farm Rural District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. * * * * * * * * * * * * * Mayor Neal referred to Item 24.a., and a motion was made, seconded, and passed to open the public hearing on the following variance request: Minutes - Regular Council Meeting February 15, 2005 - Page 17 24.a. Public hearing on request for a variance to operate an establishment with on -premise consumption of alcoholic beverages. Mayor Neal asked for public comment. Ms. Carol Suhip, Tuloso-Midway Independent School District (TMISD) Assistant Superintendent, spoke against the variance request because the establishment, Casa Del Sol Cafe at 9840 Leopard Street, was 60 feet (property line to property line) from Tuloso-Midway Middle School. The school district felt it was inappropriate to have a restaurant serving alcoholic beverages in such close proximity to a school. Mr. George Garza, representing the Casa Del Sol Cafe's owner, spoke in favor of the variance request. He said the restaurant opened at 11:00 a.m., and the sale of alcoholic beverages would be incidental to their food sales. (* Melody Cooper arrived at 1:26 p.m.) Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Kelly. Assistant Director of Development Services Michael Gunning explained the restaurant had operated as Chela's Cafe since 1973, and had been selling alcoholic beverages as part of their operation. The state law changed recently prohibiting the sale of alcoholic beverages within 300 feet of churches, day-care centers, hospitals, and schools unless the City Council granted a variance to the distance requirements. Since Chela's Cafe was an existing establishment, they were grandfathered from adhering to this requirement. The restaurant was sold in November 2004, however, so the new owners were required to obtain their own alcoholic beverage license. Mr. Gunning stated staff felt this restaurant had been in place in the neighborhood for many years with no adverse effects. He said at least 75 percent of their total sales revenue will come from food sales, with the majority of the alcohol sales occurring in the late afternoons, evenings and weekends when the school was closed. Although the restaurant was 60 feet from the middle school, he said it was part of a shopping center that fronted Leopard Street, an arterial road. Staff denied the initial request Mr. Sanchez had submitted as required by state law, but staff was recommending that the Council approve the variance request. Mr. Noyola asked if there had been any alcohol-related problems involving the restaurant. Mr. Gunning replied negatively. In response to Mr. Kelly's question, Mr. Gunning replied if the Council were to deny the variance request, then the applicant would be prohibited from reapplying for a variance for one year. Mr. Kelly asked if the new restaurant operator and the school district had discussed the matter. Mr. Gunning replied negatively, saying staff was unaware there was any opposition to the variance because of 18 notices mailed out, there were no notices were received in opposition or in favor. Mr. Kelly spoke in opposition to the variance request because he respected Tuloso-Midway Independent School District's wishes in the matter. He suggested that the applicant withdraw his applicant until he had an opportunity to speak with TMISD school board and possibly reach a compromise, rather than risk having the Council deny his request today. Ms. Cooper agreed that the applicant should speak with the TMISD school board to try to reach a compromise in the matter. Mr. Gunning added the Council could also assign conditions to the TABC permit to provide higher safeguards, such as limiting the establishment to a restaurant use Minutes - Regular Council Meeting February 15, 2005 - Page 18 only. Mayor Neal asked if the variance request could be tabled to provide the applicant an opportunity to reach a compromise with TMISD. Mr. Gunning replied affirmatively. Mayor Neal asked Mr. Garza if he objected to tabling the item for a few weeks. Mr. Garza replied that he concurred with this recommendation, and he would speak with TMISD to resolve the issue. Mr. Kelly made a motion to table this item to the first Council meeting in March, seconded by Ms. Cooper. City Manager Noe pointed out that the TMISD school board did not meet until the first week in March; thus, it would be preferable to table the item until the second meeting in March. Mr. Kelly and Ms. Cooper agreed to this amendment. The motion passed. 24. TABLED UNTIL THE SECOND MEETING IN MARCH (MARCH 22) cSOlutluli gi autuig a vanancc, at L. Scction 4-0(1) OI n.e uoa or Vail iuduCcS LO Uc.utgu idhcZ to Operatc du Ou-pi CwiSS. ah.u1IOIiup St' Oct. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 25 regarding amendments to the processes related to public access issues. Assistant City Manager Oscar Martinez explained this ordinance passed on its first reading on January 18, 2005. In essence, the intent of the amendments was to clarify the rules and procedures and improve the processes that address Public Access Channel 10. Staff was requesting the final approval of the two ordinances. To review, Mr. Martinez said the first ordinance amended Chapter 2 of the city code to reduce the duties of the Cable Communication Commission related to access user councils (groups), and repeal a section in Chapter 2 regarding access user groups. The second ordinance amended Chapter 55, the Rules and Procedures regarding public access cablecasting, to establish that city staff shall function as the public access user group (PAUG) for Channel 10. It also amended the process regarding programs in violation of the Rules and Procedures. Mr. Martinez reported that since the last reading on January 18, there were a number of additional amendments to Chapter 55 being recommended. He said most of the amendments were clarifications to procedural issues. In addition, he said the rules require that the city shall give the cable operators 60 days written notice of any proposed amendment to the Rules and Procedures. Time Warner and Grande Communications received the proposed amendments, and each cable operator had waived the 60 days notice because they had no objections to the proposed amendments. In conclusion, Mr. Martinez reported the Cable Communications Commission passed a motion on February 7 requesting that the Council provide the commission with more time to review the amended rules and procedures. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, and Mr. Roland Garza, 2854 Alvin, spoke against the city assuming the role of the PAUG, and asserted that Channel 18 was also in violation of the Rules and Procedures but was not being scrutinized. Mr. Jerome Bradford Minutes - Regular Council Meeting February 15, 2005 - Page 19 stated the PAUG was not the problem; rather, it was the studio management that was at fault. He mentioned that the Cable Communications Commission had recently certified Mr. Gordy's group as the new PAUG at their meeting last Monday. Mr. Kinnison expressed concern that having the city serve as the PAUG would create more work for staff. Mr. Martinez replied that he felt it would actually reduce staff time significantly since it would create clear lines of accountability and more equitable treatment of the producers. Mr. Kelly was skeptical that assigning staff more responsibilities related to public access would result in less staff time spent on the matter. He was also concerned that more Council time would be spent on these disputes since the proposed amendment would involve the city even more in the process. Mr. Noyola spoke in favor of allowing Mr. Gordy's group to serve as the PAUG rather than the city. He did not want the city to assume responsibility for the PAUG's duties because he did not want more staff time spent on this issue. Ms. Cooper took exception to the Cable Communication Commission's action to certify Mr. Gordy's group as the new PAUG. City Manager Noe replied staff had recommended that the commission table this issue, but the commission ignored this recommendation and certified a PAUG. Ms. Cooper stated the Council had clearly said they did not want another group certified as a PAUG, and the commission should have followed the Council's lead on this matter. She felt the commission's action justified staff's recommendation to have the city serve as the PAUG. She spoke in support of the second reading ordinances. Mr. Chesney spoke in support of the second reading ordinances because he felt it would reduce staff time. He said he had received many citizen calls in support of the action as well. He also shared Ms. Cooper's concern about the Cable Communication Commission's action against the Council's directive, and he asked City Manager Noe to communicate his displeasure to the commission. Mayor Neal stated that if the ordinances passed, he did not want to see more staff time spent on public access issues. Mr. Martinez replied there would be no additional staff position created to oversee public access; rather, an existing staff member would assume the duties within their current scope of work. The Mayor asked what would happen ifthe ordinances failed. Mr. Chapa replied the existing processes and rules and regulations would remain in place. City Secretary Chapa polled the Council for their votes as follows: Chesney, Cooper, and Scott, voting "Aye"; Neal, Colmenero, Garrett, Kelly, Kinnison, and Noyola, voting "No". The ordinances failed. 25.a. FAILED Scco,ld Rcadl.lg Ord.nai.c. - A�nc„d,ng tL. Code of O.dulaII J, C.tyrof Copus Chiisti, CLaYtcr 2, .c6a.ding CaLic Coiw, vviuuiK ivi tic caflmg Minutes - Regular Council Meeting February 15, 2005 - Page 20 25.b. FAILED .. .. . •• . ut Cut pua CL1 Baty C:Itaptu 55, . csal dinsutd pi uCcdLuca tei puLLC aCccaS cablcLastws, to amcnd tl S of city au d cablL opciatoi a„ d Lclntical quit 111 25.c. FAILED g cs, c,ty of Ge. Y4s l;trnst., CLapt._r 55, 1Lgardiug Rulcb and I\o,4,dures fur Public Acccsa CaLkcaati.,g. (First Reading * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe announced the kick-off of the Neighborhood Pride program in NIP Area #6 (Baldwin, Ayers, Port and Highland area) was scheduled this evening at 6:00 p.m. at the Zavala Special Emphasis School. He also thanked Assistant to the Mayor Diana Garza and Assistant City Secretary Mary Juarez for their assistance with the Institute of the Association of Mayors, Council Members and Commissioners conference in Austin. Mr. Noe also announced that Ms. Annette Rodriguez had been appointed the Acting Director of the City/County Health department. City Manager Noe reported the following items were scheduled for consideration on next week's agenda: allowance for electronics emissions as part of the city's development process; grants for Weed and Seed; and the second and last change order for the baseball stadium project. Mayor Neal called for Council concerns and reports. Mr. Kinnison asked that the Council consider reviewing the city's financial policies to allow them to submit any changes before the budget was prepared. City Manager Noe added Mr. Kinnison's concern was related to reconciling the Council member election cycle, beginning in April, with the budget cycle, ending in July. Mayor Neal replied the Council would consider Mr. Kinnison's request. Mr. Colmenero reported a resident at the corner of Florence and Gollihar Streets was being cited for putting out their brush outside of the assigned time period, but the resident maintained that the brush truck missed their house during the last pick-up period. He provided the resident's name and phone number to Mr. Noe. He also reported a problem with inoperable vehicles being parked in driveways that were eyesores. He asked staff to work on a plan to address this problem. Mr. Kelly asked for a construction update on Up River Road by Miller High School, saying he had received complaints that the construction was at a standstill. He asked staff to minimize delays in bond project work as much as possible because it sent the wrong message to the voters, who were anxiously awaiting the completion of the projects. City Manager Noe replied staff walked a fine line in completing the projects on time while not assuming increased costs. Mr. Kinnison asked why the downtown area was scheduled for garbage pick-up on the weekends, when tourists were visiting town. Assistant City Manager Massey replied when the city went to a six day a week schedule, some areas were shifted to a Wednesday/Saturday pick-up Minutes - Regular Council Meeting February 15, 2005 - Page 21 schedule. Mr. Noe said staff could change the pick-up schedule for the downtown area, but that would result in a shift for another large segment of the city. He found it difficult to impact a large portion of the city to meet the needs of a small segment. Ms. Cooper asked if the pilot program extending the hours of the animal care facility had begun. City Manager Noe replied negatively, saying it would begin on February 28. Ms. Cooper asked how the city was publicizing the change. Mr. Noe replied he had asked Public Information Officer Cheryl Soward to develop an information program. Ms. Cooper stated it was important to publicize the change so people would utilize it. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:40 p.m. on February 15, 2005. * * * * * * * * * * * * *