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HomeMy WebLinkAboutMinutes City Council - 03/29/2005I 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 March 29, 2005, which were approved by the City Council on April 12, 2005. WITNESSETH MY HAND AND SEAL, on this the 12th day of April, 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 March 29, 2005 - 10 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 Pastor Damon Relder with the Wesley United Methodist 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. Mayor Neal called for approval of the minutes of the regular Council meeting of March 22, 2005. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-12). There were no comments from the public. A motion was made and passed to approve Items 2 through 12, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 29, 2005 - Page 2 2. MOTION NO. 2005-103 Motion approving the purchase of three heavy trucks in accordance with Bid Invitation No. BI -0063-05 from the following companies for the following amounts based on low bid for a total amount of $168,365.85. All three units are replacements. Funding is available from the FY 2004-2005 Capital Outlay Budget in the Maintenance Services Fund. FleetPride International Champion Ford Corpus Christi, TX Corpus Christi TX 1 Unit 2 Units $76,221.85 $92,144 Grand Total: $168,365.85 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3. MOTION NO. 2005-104 Motion approving the purchase of a forensic comparison macroscope from Meyer Instruments, Inc., of Houston, Texas in accordance with Bid Invitation No. BI -0083-05, based on only bid for a total amount of $79,315. This equipment will be used by the Police Department. Funding is available from the Project Safe Neighborhood Police Grant. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4. RESOLUTION NO. 026182 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $12,413 to the State of Texas, Office of the Governor, Criminal Justice Division for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the juvenile Justice system, and increase accountability of juvenile offenders, with the City match of $1,379 in the No. 1020 General Fund, a total project costs of $13,792. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting March 29, 2005 - Page 3 5.a. RESOLUTION NO. 026183 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $69,538 from the Federal Emergency Management Agency (FEMA) for the purchase of industrial firefighting equipment and specialized training. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". 5.b. ORDINANCE NO. 026184 Ordinance appropriating $69,538 from the Federal Emergency Management Agency's Assistance to Firefighters Grant Program for industrial firefighting equipment and specialized training in the No. 1062 Fire Grants Fund. 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". 6.a. RESOLUTION NO. 026185 Resolution authorizing the City Manager or his designee to accept a Clean Cities Grant from the State Energy Conservation Office in the amount of $17,500 for development of a Clean Cities Program and related services. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". 6.b. ORDINANCE NO. 026186 Ordinance appropriating $17,500 from the State Energy Conservation Office in the No. 1071 Community Enrichment Grants Fund for development ofa Clean Cities Program and related services. 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 March 29, 2005 - Page 4 7. MOTION NO. 2005-105 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Martinez, Guy & Maybik, of Corpus Christi, Texas in the amount of $118,608 for a total restated fee of $289,621 for the Water Main Improvements: Leopard Street and Third Street project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2005-106 Motion authorizing the City Manager to execute a Deferment Agreement with Shaws Development Joint Venture, of Corpus Christi, Texas in the amount of $34,823.68 for the construction of public concrete sidewalks along Goodnight Loving Trail, Chisolm Trail and Gallop Trail within the Northwest Crossing Unit 4 subdivision located south of Leopard Street, west of Rand Morgan Road, 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". 9. MOTION NO. 2005-107 Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Armando Ortiz (Developer), in the amount of $148,470 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve Industrial Technology Park 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". 10.a. MOTION NO. 2005-108 Motion approving the Water Distribution Grid Main Construction and Reimbursement Agreement submitted by Baybreeze Development, L.P., owner and developer of Monte Verde at Terra Mar Unit 1 subdivision located east of the future extension of Ennis Joslin Road south of Holly Road for the installation of 1,090 linear feet of a 12 -inch PVC water distribution grid main. 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 March 29, 2005 - Page 5 10.b. ORDINANCE NO. 026187 Ordinance appropriating $61,683.50 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 1,090 linear feet of a 12 -inch PVC water distribution grid main to develop Monte Verde at Terra Mar Unit 1. 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. FIRST READING ORDINANCE Amending Section 10-86, Code of Ordinances, City of Corpus Christi, and the Corpus Christi, Texas, Dune Protection and Beach Access Regulations to adopt the City of Corpus Christi Beach User Fee Plan; increasing the beach parking permit fees; providing for penalties. The foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. ORDINANCE NO. 026188 Approving the FY 2005 Capital Budget in the amount of $178,074,800. (First Reading - 3/22/05) 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 referred to the presentations on the day' s agenda. The first presentation was Item 13, an update on the 2005 Buc Days event. Buccaneer Commission Executive Director Barry Box stated the Buc Days celebration was in its 67th consecutive year. He said the event was one of the largest and most established festivals south of San Antonio. In addition, the event had experienced double digit growth every year, and he expected this trend to continue. Mr. Box discussed the scholarship component of Buc Days. Traditionally, the Buccaneer Commission awarded a $20,000, four-year college scholarship to the winner of the Ms. Buc Days Pirate Queen contest. This year, the Buc Commission decided to expand the program to disburse over $50,000 in scholarships, with the goal of reaching $100,000 in the next two to three years. He said this goal could only be reached if the Buc Commission continued to attract sponsors. In addition to increasing the available scholarship funds, Mr. Box said other scholarship goals were to touch a broader base of recipients and to include more colleges and universities. Mr. Box stated the chairman of the Scholarship Committee was Mr. Eddie Garcia. Minutes - Regular Council Meeting March 29, 2005 - Page 6 Mr. Box provided several statistics on Buc Days. Buc Days has historically attracted over 300,000 people, 30 percent of whom reside outside of Corpus Christi and twenty-two percent of whom reside outside of the 784- and 783- zip codes. The total economic impact of the festival was approximately $14,400,000, according the International Festival and Events Organization Seventy- four percent of the revenues are due to dining, and twenty-two percent are obtained through hotel stays, with an average hotel stay of 2.9 nights. Mr. Box reported the 2005 Buc Days event would feature 15 events, span 19 days, include three new venues, and include one new parade route. In addition, he said the event had even garnered some national media exposure. To be successful, the Buc Days event would enlist the help of over 300 volunteers. Mr. Box explained the 2005 Buc Days celebration was comprised of two parts. Part One of Buc Days would span April 13-16, 2005, and would include a rodeo, BBQ challenge, and a Competencia Folklorico del Mar. The Dunking of the Mayor would take place on Thursday, April 14, 2005 on the bay, outside of the new arena. Mr. Box explained the events in Part One in more detail. The PRCA rodeo event was being chaired by Mr. Bill Lathrop, Jr., and was now in its fourteenth year. It was one of the top 40 rodeos in the United States. He said the Buc Commission was excited to be moving the event to the new arena, which provided 19,800 more seats for the event than in 2004. The Buc Days BBQ Challenge event was being chaired by Mr. Steve DeWalt. The event would take place on Shoreline Boulevard outside of the arena, and would include four entertainment stages, and more than 90 cooking teams. In addition, he said there would be national media coverage of the event by Outdoor Life Network. The Competencia Folklorico del Mar event was being co-chaired by Mr. Robert Anderson and Mr. Jim Young. The event was being moved to the Selena Auditorium this year and in future years, increasing the seating capacity and securing improved facilities. He thanked Mr. Tom Galyon and the Convention and Visitors Bureau staff for making this possible. The event brought in over 1,000 people to the city in the past. Mr. Box stated that Part Two of Buc Days would take place from April 20 through May 1, 2005, and would include a carnival, two parades, Music and Fire on the Bay (fireworks display), and a stadium show. He reported that Mr. Lee Trujillo was the Chairman of the Buc Days Carnival event. The carnival would be located on either side of Memorial Coliseum, but he noted there were significant street closure issues at play due to the seawall construction project. Nevertheless, he said the city had been tremendously cooperative in helping them work around the construction. The Buc Commission would be offering free parking for the event, thanks to the donation of a lot and because of the closure of northbound Shoreline Boulevard. Regarding the Music and Fire on the Bay event, Mr. Box noted that Ms. Vicky Lewis was the event manager. The event would take place in the marina area on Friday night, April 22, at approximately 9:15 p.m. The Buc Commission expected over 20,000 spectators for the event. Minutes - Regular Council Meeting March 29, 2005 - Page 7 Mr. Box stated Mr. Miles Graham was chairman of the parades this year. The Junior Parade would be held on April 23, 2005, and would run along northbound Shoreline Boulevard to the coliseum. The Illuminated Night Parade would take place on April 30, 2005 would have an abbreviated route this year due to the construction in the downtown area. The parade route would run down Leopard Street to Upper Broadway, and end on Mesquite Street near the Laredo and Agnes Streets interchange. Finally, Mr. Box stated the Pre -Parade Stadium Show would be chaired by Mr. David Berlanga. The event would take place on April 30, 2005, and the theme was a salute to the city's "Hometown Heroes". Mr. Box thanked all city staff for their assistance, especially the Park and Recreation, Engineering, and Solid Waste departments. Mr. Box concluded by briefly discussing future plans for the Buc Days Festival as follows: make the festival more regional; add new events; develop a better understanding of their customers; increase sponsorships; and create scholarship growth and diversification. Mr. Box then showed a video testimonial promoting Buc Days. ************* The second presentation was Item 14, an FY 2005 second quarter (period ended January 31, 2005) report of the Health Benefits/Risk Management Fund. Director of Human Resources Cynthia Garcia first provided a status on the Health Benefits fund. She reported the number of claims filed by plan in the second quarter of this year were higher than the claims filed during the same period last year. She noted first quarter claims were also higher this fiscal year than last fiscal year. She said staff would study the claims numbers closely to see if staff could take any additional measures to slow the pace down. Ms. Garcia also reported the dollars paid by plan including prescriptions were higher than dollars paid in the second quarter last year. Specifically, the total dollars paid this year amounted to $7,900,000, which was $670,000 more than the first half of last year. Ms. Garcia stated the average cost per claim in this quarter was $214.39, compared with $191.09 for the second quarter last year. The FY year-to-date average per member cost are $363.50 for Citicare; $378.78 for Fire; and $505.34 for Public Safety. Ms. Garcia said premiums were increased and budgets were adjusted in anticipation of these increases predicted by the city's actuary. She said the city had just received the actuarial report that will help determine changes in the next fiscal year. Staff was in the process of reviewing the report, and would report their findings to the Council in the near future. Ms. Garcia provided an update on the workers' compensation fund. She said staff was extremely pleased and cautiously optimistic with the status of the fund this quarter. She reported the number of claims filed in the first six months of this fiscal year was 480, compared to 511 claims filed last fiscal year at the same time. The total cost incurred was $565,031, compared with $1,139,845 for the six months last year. She said the city had currently paid 49 percent of the Minutes - Regular Council Meeting March 29, 2005 - Page 8 amount incurred at $276,772, compared with last year at this period where the city paid 32 percent of the amount incurred at $361,314. Ms. Garcia displayed a bar graph depicting the dollars paid in the current year for prior years' claims. Last quarter, she had reported the city had paid $776,669 for these types of claims. This quarter, she reported the city had paid an additional $437,113 on these claims. Ms. Garcia referred to a bar graph making a year-to-date claims count comparison by city departments. She said Police, Fire, Gas, and Street Services injuries had decreased, but Solid Waste, Park and Recreation, Wastewater, Water, and Other had increased. She noted that the Park and Recreation department had the largest increase with 14 injuries. Ms. Garcia referred to a bar graph providing a comparison of year-to-date incurred costs by department. She remarked there was a substantial decrease in the Police and Fire departments. Police incurred costs had decreased from $585,463 last year during the first six months of the year, to $138,395 during the same period this year. The Fire department's incurred costs decreased from $126,395 to $31,716. She noted that the incurred costs for the Park and Recreation department has increased from $20,000 to $93,000. She said Risk Management staff was working with the Park and Recreation department to identify problems, provide training, and implement additional safety procedures to decrease the occurrences. Ms. Garcia referred to a bar graph illustrating the year-to-date claims count by type of injury. She remarked the city had 38 fewer contusion injuries during the first six months of this fiscal year compared with last year. There were nine percent more strains, however, and two percent fewer sprains; collectively, these two categories were the most frequent type of injuries. Ms. Garcia reported on the status of the General Liability fund. She said General Liability claims had decreased this year, with 376 claims for this year compared with 461 claims last year. She noted this was the lowest six-month figure the city has had in five years. The incurred costs for the first half of the fiscal year was $202,604, compared with $214,424 in incurred costs for the same period last year. The largest decrease was seen in the Police department, which went from $95,342 in the first six months last year to $10,951 during the same period this year. She stated, however, that dollars paid during this same period had increased to $114,897 compared with $75,418 last year. Ms. Garcia referred to a bar graph depicting the dollars paid in the current year for previous years' claims. She reported the city paid $497,000 for FY 2004 claims this year, and $85,000 for FY 2003 claims, $18,000 for FY 2002 claims, and $163,000 for FY 2001 claims. Finally, Ms. Garcia referred to a bar graph illustrating the types of claims in the general liability fund. She reported vehicle damage continued to be the largest claim type, totaling 197 claims for the first six months of the year. Property damage claims were the second largest claim type, totaling 96 claims for the same period. Next fiscal year, Ms. Garcia said the city would begin a pilot drive -cam program which would install a camera in a number of police cars. The camera would take pictures of events occurring outside and inside the vehicle after it was activated by certain movements. She said companies using this technology had drastically reduced vehicle accidents, and staff was looking forward to seeing what the technology could do for the city. Minutes - Regular Council Meeting March 29, 2005 - Page 9 Mr. Kelly remarked that he expected to see a decrease in injuries in the Solid Waste department due to the automation of the city's trash collection. Mr. Noe answered the city has already implemented the first two phases of the automated trash collection, where the bulk of the collection was automated. The final phase, which was implemented last year, was not fully automated. Thus, Mr. Noe said the city would not see the same potential reduction in injuries from the last phase of automation as seen in the prior phases. He said staff was analyzing the data now and would follow-up. Regarding the claim and cost increases in health benefits, Mr. Kinnison asked staff to better educate employees about the difference in costs between service providers. He told Ms. Garcia he would provide her with documentation on his family's experience with this issue. Mr. Colmenero asked staff to provide data on how many employees use out -of -network services. Ms. Garcia replied staff would provide this information in the next quarterly report. Mr. Noe added there was an incentive for employees to seek services in the network because the cost was lower than out -of -network. There was no incentive at this point, however, for employees to seek services from lower-cost service providers (e.g. pediatrician vs. clinic). Mayor Neal asked how the city's health benefits plan covered employees 65 years of age and older. Health Benefits Manager Quentin Masters replied the city's plan would supplement Medicare - i.e. Medicare would be the primary payer, and the city plan would be the secondary payer. ************* Mayor Neal referred to Item 15.a., and a motion was made, seconded and passed to open the public hearing on the following right-of-way closure: 15.a. Public hearing to consider abandoning and vacating an 81,172 -square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive right-of-way, south of Bear Lane). There were no comments from the audience. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 29, 2005 - Page 10 15.b. ORDINANCE NO .026189 Ordinance abandoning and vacating an 81,172 -square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive right-of-way, south of Bear Lane);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, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal referred to Item 16, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0205-01, Advanced Housing Alternatives Corporation: A change of zoning from a "R-2" Multiple Dwelling District to an "A-2" Apartment House District. The property is in Woodlawn Subdivision, Block 2, Lots 8A and 8B, located along the southeast corner of Mueller Street and Erwin Avenue. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "A-2" Apartment House District. Mayor Neal asked for public comment. Mr. Manuel Rangel spoke in opposition to the proposed zoning change because he felt the many of the area's residents, who were primarily Spanish speakers, had not been properly notified about the change since the notices were written almost entirely in English. He also raised several safety issues, namely inadequate lighting, traffic congestion, and lack of sidewalks in the area. He asked the Council to consider tabling the item until the residents could be re -notified about the proposed change. Mr. Noyola expressed concern that the notice was not written in Spanish and English. Assistant Director of Development Services Michael Gunning replied the notice did have one sentence in Spanish, located in the center of the document, which provided a phone number Spanish speakers could call for more information. Mr. Noyola stated he understood all the city's notices were written in Spanish and in English. He emphasized that the city should make an effort to notify all the residents in a language they could understand. He suggested staff place the Spanish sentence in their notices at the beginning, rather than the middle. He spoke in support of the project, but insisted that the area's residents be properly notified about the project. Mr. Kelly agreed with Mr. Noyola's concerns about the notices, asking staff to do everything they could to ensure that notices were written in Spanish in neighborhoods with a large Spanish- speaking population. He also asked about the safety issues Mr. Rangel had raised, and he wondered if the applicant had addressed these problems. Mr. Gunning replied staff did not believe traffic congestion would be an issue; however, he would discuss the lighting and sidewalk improvements Minutes - Regular Council Meeting March 29, 2005 - Page 11 with Engineering Services. Since the proposed project was an affordable housing development, Mr. Kelly said one of his primary concerns was the neighborhood's reaction to the project. He asked who was going to manage the project once it was complete. The applicant, Mr. Charles Tryon, replied he was not going to manage the project, but would continue to own the project. He said he would hire at least one or more individuals to maintain and manage the project. The project was designed to construct a 20 -unit apartment complex to provide affordable housing in the area. There were four cottages existing on the property in question. He said they planned to relocate the four cottages and replace them with the apartment complex. He said Oak Park Elementary School was being built in the area, so he felt a new housing complex would be needed as families relocated to this area. Mr. Kelly asked if there had been any recent economic development in the area. Mr. Gunning mentioned one project, but he was uncertain about the status of the project. Mr. Kelly felt the affordable housing project was a good economic development project for the area, and he said the area leaders he had spoken with agreed. In response to Mr. Colmenero's question, Mr. Tryon replied there would be adequate lighting on the property itself. He agreed with Mr. Rangel that the area was in need of more sidewalk and lighting improvements, and he hoped the city would do their part to address the problems. Mr. Abel Alonzo spoke in support of the affordable housing project. Mr. David Noyola, 4433 Valdez, spoke in opposition to placing an apartment complex in a residential neighborhood. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 026190 Amending the Zoning Ordinance, upon application by Advanced Housing Alternatives Corporation by changing the zoning map in reference to the Woodlawn Subdivision, Block 2, Lots 8A and 8B from "R-2" Multiple Dwelling District to "A-2" Apartment House 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, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 17, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0205-02, Kiko's Restaurant: A change of zoning from a "R-1B/SP" One -family Dwelling District -Special Permit and "AB" Professional Office District to a `B-1" Minutes - Regular Council Meeting March 29, 2005 - Page 12 Neighborhood Business District. The property is in Gardendale Subdivision, Block 3, Lots 3 and 18, located east of Everhart Road and north of Cain Drive and south of Bonner Drive. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a new Special Permit on Lot 3 and a Special Permit on Lot 18, subject to eight (8) conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Assistant Director of Development Services Michael Gunning stated the applicant originally concurred with the Planning Commission and staff's recommendation. However, the applicant was now requesting a "B-1" Neighborhood Business District to allow for more signage for their proposed banquet facility. The banquet hall with some parking was proposed within the "R-1B"/SP One - family Dwelling District area along Bonner Drive, while the "AB" Professional Office District lot, along Cain Drive, was planned entirely as a parking lot. Mr Gunning said the Planning Commission and staff were still standing by their initial recommendation because the "B-1" Neighborhood Business District the applicant was requesting did not ensure added protection to the adjoining residential area. Staffs recommendation for a new Special Permit in the "R-1B"/SP District and a Special Permit in the "AB" District would allow for the requested uses, while providing enhancement features such as some signage. Mr. Joe Garcia, 4626 Weber Road, spoke representing the applicant, Mr. Kiko Barrera. Regarding the Special Permit, Mr. Garcia expressed concern about the sign requirements under this proposal. He said they wanted the new banquet facility to be easily identifiable to new customers, and the maximum 20 -square foot signage allowed under the Special Permit was inadequate. He asked the Council to consider the `B-1" zoning instead, saying the applicant had been a good neighbor to the area's residents for over a decade. In response to Mr. Chesney's question, Mr. Garcia stated another concern was that lending institutions were reluctant to finance projects when the property was under a Special Permit. Their project was estimated at S600,000. Mr. Chesney asked if staff's recommendation would address the applicant's concerns. Mr. Gunning replied affirmatively, saying the "AB" District could be amended to allow for additional signage, including a 20 -square foot maximum wall sign and a free-standing sign of 20 -square feet. By contrast, the "B-1" District would allow unlimited wall signage and a free-standing sign of 40 - square feet, which would encroach on the neighborhood. Mr. Chesney asked the applicant if this additional signage was acceptable. Mr. Garcia replied the signage was still insufficient. Mr. Kiko Barrera, the restaurant owner and applicant, stated his main concern was the special permit, not the signage, because it hindered his ability to obtain financing for the project. City Manager Noe remarked that one option would be to table this item for two weeks to allow Mr. Barrera an opportunity to speak with his lending institution about staffs recommendation. Mr. Barrera replied he preferred to accept staffs recommendation now, and then if there was a problem with his lending institution, he would reapply. Mr. Kinnison asked if Barrera Minutes - Regular Council Meeting March 29, 2005 - Page 13 could reapply, since he understood the applicant normally had to wait one year before reapplying. City Attorney Fischer confirmed that Mr. Barrera would be able to reapply within the 12 months since this case did not involve the denial of a zoning change. Mr. Kinnison spoke in favor of staffs recommendation. Mr. Kinnison made a motion to amend the ordinance to reflect staffs recommendation for a new Special Permit in the "R-1B"/SP District and a Special Permit in the "AB" District, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes on the amended ordinance as follows: 17. ORDINANCE NO. 026191 Amending the Zoning Ordinance, upon application by Kiko's Restaurant by changing the zoning map in reference to the Gardendale Subdivision, Block 3, Lots 3 and 18 (Lot 3 - currently zoned "R-1B"/SP One -family Dwelling District with a Special Permit and Lot 18 - currently zoned "AB" Professional Office District) by granting "AB" Professional Office District on Lot 3 with a Special Permit for a banquet hall and parking lot subject to eight (8) conditions and by granting a Special Permit with the same conditions on Lot 18; 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 as amended 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 and commendations. ************* The Council returned from recess, and Mayor Neal called for petitions from the audience. Ms. Becki Jones, C.R. 32, spoke regarding her concerns that the Animal Control department was allowing pit bull -mix dogs to be adopted. Ms. Sherry Dunlap, 5825 Hopkins Road, announced that the animal rights organization called CCARE decided to drop the animal control petition it had previously filed with the City Secretary's Office. * * * * * * * * * * * * * 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. 0205-03, Steven Krol: A change of zoning from a "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District, resulting in a land use change from low- density residential to a neighborhood business in Alameda Park Subdivision, Block 6, Lot 22, located along the northeast comer of Everhart Road and Harry Street. City Secretary Chapa said the Planning Commission and staff recommended the denial of Minutes - Regular Council Meeting March 29, 2005 - Page 14 the "B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office District. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded, and passed. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 026192 Amending the Zoning Ordinance, upon application by Steven Krol by changing the zoning map in reference to the Alameda Park Subdivision, Block 6, Lot 22 from "R-1 B" One -family Dwelling District to "AB" Professional Office 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were 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. 0205-04, BL Real Estate Holding Company: A change of zoning from a "R -1C" One -family Dwelling District to a "B-2" Bayfront Business District on Tract 1 and "R -1C" One -family Dwelling District to an "AT" Apartment Tourist District on Tract 2. The property is in Tyler Subdivision, Block 1, Lots 2 and 12, and Block 2, Tract C, located east of Laguna Shores Drive, north of Wyndale Drive and Claudia Street. City Secretary Chapa said the Planning Commission and staff recommended the following action: TRACT 1: Denial of the "B-2" Bayfront Business District on Tract 1, and in Lieu thereof, approval of a Special Permit for an event center subject to eight (8) conditions and site plan. TRACT 2: Approval of the "AT" Apartment -Tourist District on Tract 2. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 29, 2005 - Page 15 19. ORDINANCE NO. 026193 Amending the Zoning Ordinance, upon application by BL Holding Company by changing the zoning map in reference to the Tyler Subdivision, Block 1, Lots 2 and 12 referred to as Tract 1, and Tyler Subdivision, Block 2, Tract C referred to as Tract 2, (currently zoned "R- 1 C" One -family Dwelling District) by granting a Special Permit for an event center subject to eight (8) conditions and site plan for Tract 1 and by changing the zoning on Tract 2 from "R -1C" One -family Dwelling District to "AT" Apartment Tourist; 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. * Mayor Neal opened discussion on Item 20, a contract with Maverick Engineering for the Airport Industrial Park. City Manager Noe explained the industrial park project was a joint project between the city, the Regional Economic Development Corporation (EDC), and the Corpus Christi Business and Job Development Corporation (4A Board). He said this item authorizes the execution of the next step in the process, the contract for engineering. Director of Aviation Dave Hamrick reported the airport staff negotiated an agreement with the EDC to provide commercial non -aviation development services. He said the EDC had advised the airport that there was a lack of sufficiently sized industrial/warehouse facilities available inside the city. He said the city has identified approximately 50 acres of property west of the airport entrance that was being recommended for use as a light industrial park. Mr. Hamrick stated the first phase of the development was the design of the infrastructure, including streets, street lighting, water, wastewater, and storm water, to support the anticipated future growth of the site. He said staff had negotiated a contract with Maverick Engineering to design the infrastructure and provide engineering services, including preparation of bid specifications, cost estimating, and bid evaluation. He asked EDC President/CEO Ron Kitchens to discuss the importance of the project. Mr. Kitchens emphasized the city's need to invest in infrastructure for potential industrial sites in order to be more competitive with other cities. He said the city had the second lowest availability of commercial buildings in the U.S., and the city's rating for available commercial sites was nearly as low. Regarding the proposed airport industrial park, he said the EDC was focusing their efforts on locating a developer for the initial property construction. If these efforts were unsuccessful, then Mr. Kitchens stated he would ask the city and the 4A Board to assist with the funding. There were no comments from the audience. City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on this item. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 29, 2005 - Page 16 20. MOTION NO. 2005-109 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $187,266 for the Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kitmison, and Scott, voting "Aye"; Noyola abstained. * * * * * * * * * * * * * Mayor Neal announced the executive session was being withdrawn by staff. 21. WITHDRAWN , Ulty OI I.OipuS l,Ltisti, 1 OAas %3. Ali LigtutlL AnieLica, L.1"., Bt al, 111 'IL, Gault ofNueLes Comity, TYaa , 28"` .. uawu lll1...1L.W iii uyw 3l,JJ1V11. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Noe reported an emergency services exercise was being held at the airport as part of the city's federal requirements. This afternoon at 3:00 p.m., he said a celebration on the completion of the Up River Road project (Bond Issue 2000) would be held. On Thursday, Mr. Noe reported a local Marine unit that was called to Iraq wasnow returning, including one of the city's firefighter. He said the city was planning a celebration. In conclusion, Mr. Noe stated one of the more important issues to be discussed at the next regular Council meeting on April 12 was a discussion on the Wastewater Trust Fund. Mayor Neal encouraged all of the citizens to vote in the upcoming City Council Elections. He mentioned that today was the last day for early voting in the election. Also, he announced that if there was no runoff election, then the canvassing for the election would be held at 10:00 a.m. on April 12, followed by the regular Council meeting at 1:00 p.m., to be presided over by the new Mayor. If there was a runoff election, than the new Council would be installed on May 11. Mayor Neal called for Council concerns and reports. Mr. Scott thanked staff for coordinating the Packery Channel tour last Thursday. He told Mayor Neal it had been an honor serving with him on the Council. Mr. Chesney told the Mayor that he also enjoyed serving on the Council with him. He said he appreciated the Mayor's ability to allow for differences in opinion without becoming personal. There being no further business to come before the Council, Mayor Neal adjourned the Minutes - Regular Council Meeting March 29, 2005 - Page 17 Council meeting at 12:47 p.m. on March 29, 2005. * * * * * * * * * * * * *