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HomeMy WebLinkAboutMinutes City Council - 10/18/2005I 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 October 18. 2005, which were approved by he City Council on October 25. 2005 WITNESSETH MY HAND AND SEAL. on this the 25th day of October, 2005. Armando Chapa City Secretary s E AL MINUTES CITY OF CORPUS CHRISTI. TEXAS Regular Meeting October 18. 2005 10:00 a.m. PRESENT Mayor Henry Garrett Max or Pro Tem Jerry Garcia Council Members: Brent Chesney * Melody Cooper (Arrived at 10:24 a.m.) Rex Kinnison Bill Kelh John E. Marez. Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Bubba Stahl and the Pledge of Allegiance to the nited States flag was led by Mayor Garrett. Mayor Garrett called for approval of the minutes of the regular Council meeting of )ctober 11. 2005. A motion was made. seconded. and passed to approve the minutes as presented * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2-11). City Secretary Chapa announced that Council Member Kelly was abstaining from the vote and discussion on Item 6. Mr. Kinnison stated that he would be abstaining from the vote and discussion on Item 10. Mr. John Adams. 307 Katherine, requested that Item 6 be pulled for individual consideration. Council members requested that Item 9 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 2 through 11, constituting the consent agenda. except for Items 6, 9. and 1 I. which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting )ctober 1 . 2005 Page 2 RESOLUTION NO. 026513 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $35,000 to the Texas Department of Public Safety, Division of Emergency Management. Hazardous Materials Emergency Preparedness Grant Program for public awareness brochures, school hook covers. newspaper ads, production and broadcast of Enfomercials. and to conduct emergency response drills, with a City soft match of $7,000. he foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison. Marez. Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-355 Motion authorizing the City Manager or his designee to enter into an Interlocal Agreement between the City of Corpus Christi Police Department and the City of Dallas Internet Crimes Against Children Task Force under the Internet Crimes Against Children 11CAC) Task Force Program, United States Department of Justice, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison. Marez. Noyola. and Scott. voting "Aye"; Cooper was absent. 3_ h. ORDINANCE NO. 026514 Ordinance appropriating $15,000 from the City of Dallas in the No. 1061 Police Grants Fund for the Internet Crimes Against Children Task Force Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting Ave'"; Cooper was absent. 4_a. RESOLUTION NO. 026515 Resolution authorizing the ('ity Manager or his designee to accept a grant from the Texas Department of State Health Services in the amount of $642,000 for the Women, Infants, and Children Program for FY2006. based on a $10.70 reimbursement for each participant served. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly. Kinnison. Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. \Minutes Regular Council Meeting t ctoher 18, 2005 Page 3 ORDINANCE NO. 026516 Ordinance appropriating a grant of $642,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program for FY2006, based on a $10.70 reimbursement for each participant served. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent MOTION NO. 2005-356 Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the FY2005 Consolidated Annual Action Plan amendment regarding the Community Development Block Grant (CDBG) Program and HOME Program. CDBG Program: a. National Archives and Historical Foundation of the American GI Forum - $20.000 for the construction costs associated with the historical rehabilitation of the Dr. Hector P. Garcia Office facility. The City of Corpus Christi shall direct pay the construction contract. Senior Housing Assistance of Nueces County, Inc. (El Parasio Apartments) - $132,898 for the construction of two gazebos, installation of security fencing, resurfacing of driveways. and rehabilitation of sidewalks at the facility. TG 1 10. Inc. - $60,000 for the installation of security enhancements at the Northside Manor Apartments at its current location. HOME Program - For Housing Programs: d. Cliff Maus Village Apartments - $1 14,000 for construction and installation costs associated with a complete reroute and replacement of the sewer system. Merced Housing l exas - $100,000 for land acquisition costs related to the development of the 124 -unit Navigation Pointe Apartments for low income families. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly_ Kmnison, Marez. Noyola. and Scott. voting "Aye"; Cooper was absent. Minutes Regular Council Meeting )ctoher 18, 2005 Page 4 ORDINANCE NO. 026519 Ordinance abandoning and vacating a 300 -square foot portion of a 12.5 -foot wide utility easement out of Lot 22, Block 4, South Shores Estates, Unit 7, located southeast of the intersection of Ocean Drive and Paloma Street; requiring the owner to comply with the specified conditions, An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 8 a. ORDINANCE NO. 026520 Ordinance appropriating $111.466.27 from Drainage Channel 31 Trust Fund No. 4730 as the developer's contribution for Boardwalk Unit 1 Subdivision to pay Ann H. Bratton, Independent Executor of the Estate of Mark Bratton, Trustee, for the development of Master Plan Drainage Channel 31. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 8 h. MOTION NO. 2005-358 Motion approving payment of $111,466.27 developer's contribution from the Boardwalk Unit 1 subdivision from the No. 4730 Infrastructure Fund to Ann H. Bratton, Independent Executor of the Estate of Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development contract, Master Plan Drainage Channel 31. between the City of Corpus Christi and Trustee. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly_ Kinnison. Marez. Noyola. and Scott, voting "Aye"; Cooper was absent. 10. FIRST READING ORDINANCE Authorizing City Manager or his designee to execute a 15 -year lease agreement with the Lady Lex Museum on the Bay Association authorizing the use of a portion of the submerged lands patented to the City by the State of Texas and adjoining littoral City property for the berthing of the I.S.S.ILexington at a pier constructed by the association and the operation of a museum. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney. Garcia. Kelly, Marez, Noyola, and Scott, voting "Aye": Kinnison abstained: Cooper was absent. Minutes - Regular Council Meeting Octoher 18. 2005 Page 5 Mayor Garrett opened discussion on Item 6 regarding a construction contract for a new arena parking lot. Mr. John Adams. 307 Katherine. urged the Council to require that Bay Ltd. complete the Ennis Joslin Road improvement project before beginning this project. Mr. Scott pointed out that Bay. Ltd. was not working on the Ennis Joslin Road project. City Manager Noe clarified Haas Anderson was the construction company. Mayor Garrett asked City Engineer Angel Escobar for a report. Mr. Escobar reported that two parking lots were being proposed, Parking Lot A in the east and Parking Lot B in the west Parking Lot A would create an additional 210 parking spaces, 21 of which would be ADA accessible Parking Lot B would create 118 parking spaces, seven of which would be ADA accessible The project was being funded with a combination of Convention Center funds and a 4 funds. Mayor Garrett clarified that the Ennis Joslin Road project was a TxDOT project, not a city project. City Secretary Chapa polled the Council for their votes as follows: t, a. ORDINANCE NO. 026517 Ordinance appropriating $653.050.50 from unappropriated interest earnings and miscellaneous revenues from Arena Facility Fund No. 3275 for the American Bank Center Parking Lot Expansion; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $653,050.50. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Garcia. Kinnison, Marez, Noyola, and Scott, voting "Ave": Cooper was absent; Kelly abstained. �>.h. ORDINANCE NO. 026518 Ordinance appropriating $2,156.80 from unappropriated interest earnings and miscellaneous revenues from Convention Center 2002 Capital Improvement Program Fund No. 3181 for the American Bank Center Parking Lot Expansion; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $2,156.80. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent: Kelly abstained. MOTION NO. 2005-357 Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contracting, LP dba Bay Ltd., of Corpus Christi, Texas in the amount of $1 .088.240 60 for the American Bank Center Parking Lot Expansion Part A and Part B. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Garcia, K innison, Marez. Noyola. and Scott, voting "Aye"; Cooper was absent; Kelly abstained Minutes Regular Council Meeting October 18. 2005 Page 6 Mayor Garrett opened discussion on Item 9 regarding an agreement between the Corpus Business and Job Development Corporation (4A Board) and ACCION Texas, Inc. Mr. Marez asked for more information on ACCION's buy -down program. Assistant City Manager Oscar Martinez replied the buy -down program provided financial assistance to small businesses that would not be able to receive a traditional business loan. The payment was based upon the ability dt the business to create jobs. Mr. Martinez stated the city's contract with ACCION Texas was tended through the 4A fund for an annual amount of $250.000. He said $50,000 of this amount '.vas placed in a loan loss reserve fund to defray the cost in the event of a failed loan. Last year, VC('ION Texas distributed $59.000 in loans to small businesses. Mr. Martinez stated this item was intended to carry over the remaining $91,000 fund balance through July 2006. He clarified !hat the ACCION Texas contract was for a term of three years with an option to renew for two cars, this being the second year of their contract. Mayor Garrett clarified that Item 1 I had not been pulled for discussion. He then called or the vote on both Items 9 and 11. City Secretary C hapa polled the Council for their votes as h lbws: RESOLUTION NO. 026521 Resolution approving Amendment No. 2 of the agreement between the Corpus Christi Business and Job Development Corporation and ACCION Texas, Inc. to extend the low interest buy down program through July 2006 and roll over $91,000 in unspent funds for use in current fiscal year The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly. Kinnison. Marez, Noyola, and Scott. voting "Aye"; Cooper was absent. ORDINANCE NO. 026522 Amending the Code of Ordinances, City of Corpus Christi, Texas, Chapter 2, regarding Cable Communications Commission meeting dates. (First Reading 10/11/05) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting 'Ave'; Cooper was absent. * * * * * * * * * * * * Mayor Garrett deviated from the agenda. and opened discussion on Item 18 regarding the proposed ordinance to prohibit vehicular traffic on the beach seaward of the Padre Island seawall. Special Assistant to the City Manager Tom Utter explained this item would prohibit vehicular traffic on 4.200 linear feet of beach in front of the seawall. He said the city had a little 'ver 79.000 linear feet of beach within its city limits: the proposed action would eliminate traffic , m approximately 5 percent of the total area. Minutes Regular Council Meeting )etoher 18. 2005 Page 7 Mr Utter provided historical information on today's action, which he said was initiated ,n 1992 through 1994. In the 1990s, city staff, in conjunction with various stakeholder groups, discussed how to provide parking in front of the seawall. The proposed solution was to provide parking on top and at both ends of the seawall. with access for persons with disabilities. Subsequently, in 1995. state legislation was passed which made the following three provisions: a pedestrian easement was granted over, along. and across the seawall; 2) permanent roadway casements were created within 1.000 feet of each end of the seawall; and 3) provided for a 300 linear foot tract of land adjacent to the seawall with enough acreage to accommodate one parking space for every 15 linear feet of the seawall. The third provision was crucial because the Open Beaches Act required that accessible parking be available as stipulated before a governing body �>uld take action to eliminate traffic from a beach. Mr Utter stated the city based a number of future decisions on this legislation, including the Beach and Dune Rules the city adopted in February 1995. the Packery Channel TIF, and the '004 Mustang/Padre Island Development Plan. Each of these documents included provisions for funding a parking lot on top of the seawall with the ultimate goal of eliminating traffic. While acknowledging that the condition of the beach had improved thanks to the Packery Channel dredging. Mr. Utter said the city did not feel they should renege on the agreement they made to the community in the 1990s. He displayed a photo of the section of the beach being proposed for ,.insure to traffic. Mr. Kinnison asked Mr. Utter to explain the next steps in the process if the Council were =o appro'e the proposed ordinance. Mr. Utter explained the city's ordinance was a delayed action ordinance that would not go into effect until the parking lot was actually constructed. The actual approval had to come from the General Land Office. If approved, the city would submit ,he ordinance to the GLO for 30 days of public comment, or a public hearing if deemed iecessary After the public comment period. the G1.() would rule whether this amendment could Take affect. Mr. Kinnison asked whether the GLO's stance on the issue was known, and if the GLO had a deadline to make their ruling. Mr. Utter replied he thought the GLO would make a decision in about 90 days. Senior Assistant City Attorney Jay Reining added that the GLO had 60 days to decide whether they were going to forward the ordinance for a public hearing. Then, the GI.O would publish a Notice of Proposed Rule Making in the Texas Register with a 30 -day public comment period. After the public comment period, the GLO would review the comments and decide whether or not to adopt the ordinance as originally submitted. If they choose to adopt the ordinance, they prepare another Notice of Adoption of an Order, which would be republished in the feyas Register. The ordinance would take effect 30 days after publication. In summary, Mr Reining explained it was about a six-month process. Mr. Utter stated staff believed the proposed ordinance met the Open Beaches Act requirements, but the GLO had not indicated at this time whether they would approve the amendment. Mr Kinnison asked when the parking lot construction was scheduled for completion. Mr Escobar replied the parking lot construction should be completed in early 2006. * (Council Member Cooper arrived at 10:24 a.m.) Minutes - Regular Council Meeting October 18. 2005 - Page 8 Mayor Garrett called for public comment. 'Che following individuals spoke in opposition to the proposed beach closure to vehicular traffic: Mark Roach. 130 Chiltapon, Portland TX; Mike Murphy with the Corpus Christi Windsurfing Association, 13521 Camino de Plata; Vicki 13errihy, 2705 Laguna Shores; Johnny French, 4417 Carlton; David Ryan, 14010 Rutter Court; ss eh McQueen with the Surfriders Foundation, 4213 Estate: Sen. Carlos Truan, who stated if the ordinance was approved, he would begin a referendum petition; Carolyn Moon, 4902 Calvin; I ammy Tipton, 237 Mullet; Joe Lynch, 262 Corpus: Emily Olivarez, 4205 Dody; Jim Needham, 4202 San Felipe; Ken Hawkins. 2802 Cimarron, John Adams, 207 Katherine; J.E. O'Brien, t 110 Pompano; Michael McKutchen. 203 Jackson: and Lois Huff with the League of Women ti eters. 5818 St. Andrews. In response to Mr Roach's comments. Mr. Scott asked whether the Council could =.nclude a provision in the proposed ordinance to prevent any future Councils from closing any other sections of the area beaches. City Attorney Fischer replied negatively, but said the Council could include wording in the ordinance to clearly state their legislative intent not to close any ether sections of the area beaches Mr. Roach spoke in favor of including this wording in the ,ordinance The following individuals spoke in favor of the proposed beach closure to vehicular traffic: Cliff Zarsky, 5202 Wooldridge: Gail Hoffman, 3442 Paradise; Gerry and Gail Boynton, 247 Rosebud; Nancy Strauss 5540 Oso Parkway; Steve Edgar, 14 Champions Court Trail, i louston, FX; Art Schratliff with the Portofino Board of Co -Owners, 15002 Windward Drive; c'heryl and Doyle Grundy; 13978 Windjammer; Lisa Hanson, 1709 Wallace Ave.; Tony arnangia: John Trice, 13706 Tajamar; Alex Harris, 2138 Hwy. 286; Gabby Heilput; Gene (;iuernsey. 6133 Tarafaya: and Sandy Billish, 15885 Punta Espada. Ms. Pat Suter, 1002 Chamberlain. spoke in favor of the proposed beach closure as long as the city kept its commitment to provide a parking lot, amenities, and access for persons with disabilities. She stated she would like these provisions included in the language of the ordinance In response to Ms. Suter's comments. Mr. Chesney said he had asked the City Manager to provide the amenities to truly make this a public beach. He noted that it was difficult to bind future Councils to maintain this agreement, but he hoped the Council would consider ensuring that there were amenities (e.g. showers, changing tables, etc.), access for persons with disabilities from the seawall, and a parking lot were completed during this Council term. Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * * The Council returned from recess, and Mayor Garrett called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke in favor of reinstating the city's Internal Auditor position, and spoke against the increases in the cost of service for natural gas that the .ity adopted during the last budget cycle_ Minutes — Regular Council Meeting )etcher 18. 2005 Page 9 Mr Bill Kopecky, 3609 Topeka. commented that the Council had approved a change 'rder related to the ball park after a closed session. Since the posting for the closed session was unspecific. he said the public was unaware of it. and thus did not have an opportunity to comment. He suggested that the Council delay voting on actions resulting from closed sessions until the following Council meeting. In addition. he stated that the Caller -Times had reported that the funds for the $500,000 ballpark change order was taken from the settlement funds received from the ponding company for ('ity Hall repairs. He asked whether it was allowable to take monies out of the general fund to pay for ballpark expenses. City Manager Noe replied the settlement funds were taken from a number of litigation settlements besides the City Hall repairs. Ile said the funds were not earmarked for any specific purpose. Mr Domingo Ibarra with the Corpus Christi Police Officers Association, 3122 Leopard, commented there were a number of outstanding issues related to the County Detention Center t DC) Ile stated that police officers were asked to substitute for CDC employees when they ailed in sick. He asked whether this would be the standard practice, or was it a one-time occurrence. Mr. Noe replied this was the first time he had heard of this occurring, and he would look into It. Mr. Ibarra also asked for clarification on the protocol for transferring sick prisoners. 'dr. Noe replied the city was working on a written protocol and would provide it to Mr. Ibarra upon completion. He said that after discussing the matter with Sheriff Olivarez, a number of :hanger had been implemented to greatly minimize the number of sick prisoners the city police .would need to transport for medical treatment. Thus, he did not foresee this to be a problem. Mr. Ibarra replied he was still concerned that police officers were being taken off duty to provide this service Mr. Michael McKutchon, asked the city to find a way to permanently reroute traffic in front of McGee Beach. Mr. Ken Hawkins, 2802 Cimarron_ advocated the use of public transportation, saying it would help lower the demand for gasoline. ************* Mayor Garrett reopened the discussion on Item 18 regarding the proposed closure of the beach in front of the seawall on Packery Channel. He said his tally of today's speakers was 16 'for" and 17 "against', which was indicative of how controversial the issue had become. He reiterated that the Council had no intention of the closing the beach to the public; rather, the proposed ordinance was limited to prohibiting vehicular access to the beach to ensure the safety ,,f visitors. Council Member Scott asked staff to confirm that there would be accessibility from the ,eaw all to the beach. Mr. Utter replied City Engineer Escobar was working on designing this feature. Mr. Scott pointed out that this area would have more access for people with disabilities !hart McGee Beach currently had Ile spoke in support of the proposed closure of the beach to vehicular traffic because itwas good public policy in keeping with the commitment the Council triad made to the property owners and the public. He hoped the community would support the action and move forward. Minutes - Regular Council Meeting t )ctoher 18, 2005 - Page 10 Mr. Chesney stated the city was trying to make the areas of the beach more accessible to other segments of the population. Although some of the comments he had heard were hostile and uncompromising, he said the arguments brought forward by Dr. McKutchen and others regarding precedents were compelling, and he appreciated that they willing to find common ground. Ile stated that his initial comments on the issue may have become a lightening rod for criticism, and for this he was sorry. He also felt the argument that amenities needed to be in place was also persuasive. fhus. Mr. Chesney made a motion to amend the ordinance as adopted n first reading by adding the following "whereas" clauses, seconded by Mr. Garcia: 'WHEREAS, with the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statement B.33, and C.13 MUSTANG - PADRE AREA DEVELOPMENT PLAN. adopted by City Council Ordinance #025725 on April 20. 2004. an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern; "WHEREAS. the City Council does not intend to close any other stretches of beach within its jurisdiction to vehicular traffic, other than the temporary public safety closures authorized by §10-81, Code of Ordinances. for periods of extremely high water; "WHEREAS, by adoption of this ordinance the City Council is directing the City Manager not to process any requests for the closure of the beach to vehicular traffic that may be submitted by a littoral property owner: "WHEREAS. the City staff is directed to take action necessary to ensure there is access for persons with disabilities from the parking lot down the seawall to the beach; and "WHEREAS. the ('ity staff is directed to develop a definitive plan to add amenities to the seawall parking lot. including restrooms, lighting. etc.. these actions would need to be developed for action within this Council tern= and Mr. Chesney emphasized that this ordinance would not bind future Councils; however, it aid provide the legislative intent that Dr. Needham and others had requested. Mr. Garcia stated while he was a real estate developer and homebuilder, he was not biased toward the development community. He spoke in favor of the beach closure to vehicular traffic because he felt it would bring in jobs and infrastructure improvements for the community. Ile said the closure would only increase the popularity of the area. Ms. Cooper spoke in favor of closing the beach to vehicular traffic, and she supported Mr Chesney's amendment. Although she had no control over the actions of future Councils, she promised that no other section of the beach would be closed as long as she served on Council. She felt closing the beach to vehicles to create a pedestrian beach would an amenity and would address safety issues. Mr. Noyola commented that at last week's meeting, he said he had not received any calls from his constituents regarding the issue. As a result. he was besieged with calls this week, but noted that only two people had contacted him who lived in his district. He said the e-mails he Minutes - Regular Council Meeting t )ctober 18. 2005 Page 11 had received were 55 "for" and 45 "against, indicating how contentious the issue was. He supported Mr. Chesney's amendment. but he wished to add a provision stating that there would never he parking meters in the parking lot because it might prevent the poor from accessing the beach. He said he did not want anyone to ever have to pay to park at the beach. Mr. Chesney Lind Mr. Garcia accepted Mr. Noyola's amendment. Mr Marez thanked Mr. Chesney for his amendment as a good faith effort to compromise on the issue. However, he was concerned that the Council would not be able to bind any future t ouncil's with their action today. Thus. he said he would not support about not being able to bind other Councils to this decision. however. The "slippery slope" argument was compelling to him. and thus he said he could not support the ordinance. Mr Kinnison thanked the public for their comments. Although some members of the public stated they felt this was "done deal", he said the Council would not have proposed this amendment if that was truly the case Ile said the Council had listened to their concerns. Mr. Kinnison spoke in support of the amendment. Mayor Garrett called for a vote on Mr. Chesney's motion to amend the ordinance, and it passed unanimously (Kelly, abstained). City Secretary Chapa polled the Council for their votes On the ordinance as amended as follows: 18. ORDINANCE NO. 026526 Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on the beach seaward of the Padre Island Seawall, the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing a pedestrian safe area; providing for penalties; and providing a delayed effective date. (First Reading 10/11/05) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kinnison, Noyola, and Scott, voting "Ave": Marez voting "No": Kelly abstained. Mayor Garrett called for a brief recess. ************* The Council returned from recess. Mayor Garrett referred to Item 12.a., and a motion was made. seconded, and passed to open the public hearing on the following item: 12.a- Public hearing on a proposed 180 -day moratorium on the issuance of permits for the erection or construction of attached and detached on -premise and off -premise signs over 1 00 square feet in area or exceeding 25 feet in height that are located adjacent to the Saratoga Boulevard street right-of-way (511357) in the City of Corpus Christi. Assistant Director of Development Services Michael Gunning reported that staff had proposed this 180 -day moratorium which would he effective today if approved until April 2006 Minutes Regular Council Meeting )ctober 18, 201)5 Page 12 liar the entire length of Saratoga Boulevard. The moratorium would eliminate permits issued for attached or detached signs over 100 square feet in sign area or 25 feet in height along Saratoga Boulevard only. During the moratorium. each freestanding building along Saratoga Boulevard is allowed one on -premise (attached or detached) sign up to 100 square feet per street front. One off -premise sign within the allowed district shall be permitted with an area not to exceed 100 quare feet in area or 25 feet in height_ Mr Gunning explained that Saratoga Boulevard was a designated corridor that served a major growth area on the city's south side. Over recent years, current and future development i11 result in an increase of commercial signage. The proliferation of signage was further compounded by the unlimited sign area. height. and number of signs allowed in the general commercial and industrial zoning districts. Thus. staff was proposing a moratorium to prepare _amendments to the sign regulations. eliminating the unlimited sign allowance and ultimately reducing the visual clutter_ Staff would work with stakeholder groups, including businesses, to develop the sign regulations. He said the need to move forward with this effort in advance of the nitied Development Code was imperative because of the rapid growth in the area. Mr. funning displayed a number of photos illustrating the types of signs currently in the study area. Mr Kinnison asked what the height restrictions were in the existing ordinances. Mr. funning replied if the signage was located within the front yard, defined as 20 feet measured from the street right-of-way, it was limited to 25 feet height and no more than 40 square feet in sign area. In addition. only one sign per front was allowed. However, he said if the signage was Located behind the front yard. then the signage was unlimited in height, size, and number. Mr. Garcia asked why stair was limiting the moratorium to Saratoga Boulevard, noting hat visual sign clutter was also becoming a problem on Yorktown Boulevard. Mr. Gunning replied the ordinance amendments that staff would bring back for the Council's consideration would address sign issues on arterials throughout the city. He added the development pressures na Yorktown were not nearly as severe as those on Saratoga Boulevard. Mr Gunning stated within the Saratoga Boulevard corridor, there were 41 sign permits issued this past year. 11 of which were over 100 square feet in area, amounting to 26.8 percent of the total signage. On a citywide basis. he said approximately 90 percent of the signs were less than 100 square feet in area. He noted that 11 sites were currently under construction in the study area, two of which would be affected by the moratorium, namely The Steakhouse on 5409 Saratoga and the Valero Corner Store at 6401 Saratoga. Mr. Gunning reported that staff met with sign industry representatives several months ago, and they made good comments about the amount of signage that would be acceptable. He recalled that none of the representatives thought that a property needed more than one sign that .gas unlimited in height or sign area. They recommended a number of sign areas dependent upon whether a business fronted a freeway or an arterial. They suggested that if a business had a .orner frontage of an arterial and a collector street, then the signage on the collector street should he limited to that allowed in a -13-1- Neighborhood Business District, that being 40 square feet In sign area and 20 feet in height. Minutes - Regular Council Meeting >ctober 18. 2005 - Page 1 In conclusion. Mr. Gunning stated that those businesses that had incorporated their signage in their building permit. the cite would honor their permits. In addition, any signs that exceed these standards that are allowed must be erected within 30 days of the approval of the ordinance Mr. Garcia asked whether it was possible to erect signs within the 30 -day period. 'fir. tiummng stated this provision could be discussed and amended. Mr Kinnison asked what effect if any the proposed moratorium have on billboards. Mr. Gunning replied that a number of permits for Lamar Advertising would be impacted by the .ordinance The permits were for signage to be erected near the intersection of Saratoga Boulevard with Ayers and Greenwood. an industrial zoning area. The property they wanted to locate the signs on was not platted: thus. they did not have an application in place for that signage. Mr. Noe added the moratorium applied to both on -premise and off -premise signs, Including billboards, on this stretch. The area subject to billboard erection was west of Kostoryz Road because there were no sites east of Kostoryz with the appropriate zoning. Mr. Kinnison asked how staff decided on the 100 square foot limit for signage. Mr. Noe replied that 90 percent of the existing signage in the city was 100 square feet. Mr. Kinnison asked if staff had considered how the ordinance would affect franchised companies with standardized signage.. Mr. Gunning replied that franchises have learned to adjust !heir sign standards to the community's ordinance. Mr. Kinnison stated that he was flexible with regard to the signage square footage, but he was in favor of the 25 -foot height restriction. He said he had been in favor of signage restrictions on Saratoga Boulevard for a long time because he was opposed to repeating the mistakes he had seen in other areas. He asked how long it would take to develop and pass the sign ordinance. Mr. Gunning said staff would recommence their meetings with stakeholders to develop recommendation and an ordinance amendment within three months. Then, the public nearing process with the Planning Commission and Council would take an additional six to eight eeks. Mr. Garcia asked that the public he notified about the ordinance amendments. In response to Mr. Kelly's question, Mr. Gunning said staff wished to move forward with 'he sign ordinance amendments because it would put all businesses across the city on notice that The city was eliminating the unlimited sign provisions. He said the city needed to act quickly !here would be those businesses that wanted to come in and beat the deadlines by pulling their sign permits before the new ordinance passed. Mayor Garrett called for public comment. Ms. Camm Doughtery, 2306 Mercury, stated the had been involved in staff meetings regarding signage. In the January 2005 meeting, she ;aid the sign industry agreed on that the unlimited square footage and number of signs was unnecessary. She took exception, however, to being notified on Friday afternoon that an emergency meeting would be taking place today after a 10 -month break. She was also concerned because other stakeholders. such as businesses and developers, had not been ::ontacted She asked what the emergency was. She also stated that she felt the City was overly egulating the signage industry Finally. she asked the Council to table this item to allow for :;care discussions. `vlinutes— Regular Council Meetint; t)ctober 18. 2005 Page 14 Director of Development Services Barbara Holly replied staff had met with sign industry representatives a number of months ago. and came to an agreement on recommendations. At that time, staff considered including the signage limitations in the Unified Development Code. However, she said staff felt they had to move ahead with the signage limitations outside of the pitied Development Code process_ She said it made more sense to be very restrictive in the moratorium area. Mr. Scott added the Council had clearly directed staff to address the problem v4ith unlimited signage. Mr. Kinnison stated he was surprised that there had not been ongoing sneetings with the sign industry regarding the ordinance amendment. He said this would happen before the ordinances were brought hack to the Council. Mr. Chesney expressed concern that staff had not had ongoing meetings with the sign industry about the issue. 1 -le was also concerned that staff had not asked for more input from the public. He asked if staff would consider a 30 -day moratorium that could be renewed as needed. Mr- Gunning replied that the Council can set the moratorium period; however, he felt that the process could not be completed in 30 days. He said six months was the standard length of time for .t moratorium, and was a limited amount of time. Mr. Kinnison replied that renewing the moratorium every 30 days was not practical. Mr. Dan Conn. 5914 Woodmere Drive. and Mr. Hal Burgess, a Bent Tree subdivision resident, spoke in favor of instituting signage limitations and recommended the use of monument siuns Mr. Mark Reynolds, 5310 St Andrews. representing Lamar Advertising, asked if Mr. Kinnison if billboards would be eliminated from the moratorium. Mr. Kinnison agreed to this. Ile asked if the city would consider a cap and replace system for billboards, which would require .hat to erect a new billboard, a company would have to take two other billboards down. At the end of ten years, the number of billboard signs would be halved. The Council expressed an interest in his suggestion. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed Mr. Scott commented that it was obvious the city's signage ordinance was inappropriate, AS indicated by several zoning change requests based solely on signage requirements. In addition, the Council shared the concern of a significant segment of the community that was •_oncerned with signage proliferation. Mr. Tim Voorkamp, 6238 Straussberg, stated that he owned property west of Greenwood m Saratoga, and had applied for building permits for signage. He said the application was turned down because he did not have a physical address for that acreage. Mr. Noe clarified that Mr. Voorkamp was erecting billboards. Mr. Scott commented that the amendment Mr. Kinnison planned on making to eliminate off -premise signage would address his concern. Mr. Kinnison made a motion to amend the ordinance as follows: 1) to delete off -premise signs; 2) to eliminate the requirement in Section 3 that any signs that have been permitted but 'lave not been built be erected within 10 days of the approval date; and 3) to add a requirement that staff present a proposed set of regulations to the City Council and the Planning Commission `vlinutes- Regular Council Meeting )ctober 18, 2005 - Page 1 'A, 'thin 90 days. Mr. Chesney made a motion to amend Mr. Kinnison's motion to change the moratorium period of 180 to 90 days. The motion died for lack of a second. Mr. Kinnison's .notion to amend was seconded, and it passed unanimously (Noyola was absent). City Secretary hapa polled the Council for their votes on the ordinance as amended as follows: 21) ORDINANCE NO. 026523 Ordinance imposing a 180 -day moratorium on the issuance of permits for the erection or construction of attached and detached on -premise and off -premise signs over 100 square feet in area or exceeding 25 feet in height and located adjacent to the Saratoga Boulevard street right-of-way i SH357) in the City of Corpus Christi. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting Ave':"Chesney voting "No": Novola was absent. Mr. Chesney clarified that he voted against the ordinance because of lack of public knowledge regarding the issue, and the lack of appropriate notice to the affected parties. ************* Mayor Garrett referred to Item 13.a.. and a motion was made, seconded, and passed to open the public hearing on the following item: Public hearing to receive public comments regarding the authorization from the Corpus Christi Housing Finance Corporation for the issuance, sale, and delivery of Multifamily Housing Revenue Bonds (The Villas at Costa Tarragona I). Series 2005 Mayor Garrett asked for public comment. Mr. Brian McCool (834 Omaha) and Ms. Yolanda Carpenter with the Leopard Street Corridor Association, spoke in favor of the Costa l arragona development. Ms. Deborah Guerrero with the NRP Group stated that Ms. Linda C-ayazos with the Leopard Street Corridor Association had written a letter in support of the project that she submitted to the City Secretary. She thanked the city for their support. Mr. Garcia asked il'the NRP Group was planning on achieving the same successes they ltad achieved in the El Paso area. She responded affirmatively. saying they wished to provide the same quality of work in all their projects_ A motion was made, seconded, and passed to close the public hearing. City Secretary (_'hapa polled the Council for their votes as follows: Minutes - Regular Council Meeting )ctober 18. 2005 Page lo RESOLUTION NO. 026524 Resolution authorizing and approving the issuance, sale. and delivery of Multifamily Housing Revenue Bonds (The Villas at Costa Tarragona I), Series 2005; and containing other provisions relating to the subject. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison. Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. * * * * * * * * * * * * * Mayor Garrett recessed the meeting to hold the Corpus Christi Housing Finance lorporation meeting. * * * * * * * * * * * * * The Council returned from recess, and Mayor Garrett opened discussion on Item 14, a resolution regarding the reversionary to Naval Station Ingleside. Mayor Garrett called for public comment. Mr. Brian McCool, 834 Omaha, suggested that the NAS Ingleside site could be converted into a college on the western Gulf. City Secretary s;'hapa polled the Council for their votes as follows: 14. RESOLUTION NO. 026525 Resolution regarding the reversionary rights to Naval Station Ingleside. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kelly. Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent. Mayor Garrett opened discussion on Item 15, a motion to approve the 2005 tax levy. Director of Financial Services Cindy O'Brien reported the tax levy was $65,237,253, based on the adopted tax rate of 62.5799 cents per $100 valuation. The tax levy was allocated between the General Fund to support the city's maintenance and operations and the city's debt service. The city saw an increase of 9;4,105,562 compared to the 2004 tax levy of $61,131,691, despite implementing a tax decrease. In addition, Ms. O'Brien reported the city would incur a $396,701 loss of ad valorem taxes due to the first-time implementation of the over-65/disabled homestead sax freeze. To offset this amount. the 2004 net Taxable values of properties under protest for ?005 have been included in the certified levy resulting in an additional $59,423 in revenues. The net effect of these two adjustments will impact the General Fund by lowering the ad valorem tax revenue by $231.471 and will impact the Debt Service Fund by lowering the ad valorem tax revenue by $108.065. City staff will present a budget amendment to the City Council for approval at the subsequent City Council meeting Mr. Kinnison noted that the amount for the over 65/disabled homestead tax freeze was much larger than staff had previously provided ir, the $26,000 range. Assistant City Manager Minutes - Regular Council Meeting 7ctober 18. 2005 Page 17 Martinez replied that the estimate staff had received from the Nueces County Tax Appraisal District regarding the certified roll was erroneous. omitting a significant number of accounts eligible for the freeze. The County Fax Assessor's Office and the Tax Appraisal District were not on the same page. and staff had discussed the matter with them so they could receive ,accurate information in the future they mentioned a problem with a new computer program. itv Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-359 Motion approving the 2005 fax I.evy of $65,237,253 based on the adopted tax rate of $0.625799 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property fax Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison. Marez, and Scott, voting "Aye"; Noyola was absent. ************* Mayor Garrett opened discussion on Item 16 regarding the Downtown Drainage Projects. City Engineer Angel Escobar said Items 16 and 17 were related to the Downtown Drainage Project Item 16 involved the construction of a 5x8 concrete box on Kinney Street to Williams Drive to alleviate the flooding along Peoples Street. The Phase 1, Project B pump station would increase the capacity of the pump station by 2-1/2 times. He noted it would be built next to x,ixisting pump station to allow for no changes in services. The pump station would cover a 100 - '.ear flood event. Staff was recommending award to the T&C Construction Company of Houston, EX. They also recommended that Additive Alternates No. 2 and 3, totaling $85,000, he held until after construction was finished to ensure adequate funds. He said there was a `5500,000 contingency fund. so staff felt confident the additives would be completed. There were no comments from the public. City Secretary Chapa polled the Council for their votes as fellows: 16, MOTION NO. 2005-360 Motion authorizing the City Manager or his designee to execute a construction contract with T & C Construction Company Ltd., of Houston, Texas in the amount of $5,608,420 for the Base Bid and Additive Alternate No. 1 for the Downtown Drainage Improvements Phase 1 Project B -Kinney Street Pump Station. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison. Marez, and Scott, voting "Aye"; Noyola was absent Mayor Garrett opened discussion on Item 17 regarding the Agnes street box culvert. City Engineer Escobar explained this was a rebid of the downtown drainage work. He noted that the work would begin on Agnes Street through Blucher Park. installing a 6x6 concrete box. The drainage would be intercepted before going to the park. and transported by gravity through the \linutes Regular Council Meeting )ctober 18. 2005 -- Page 18 seawall without going to the pump station. He recommended that Additive Alternates 2 and 3 be reserved as change orders after project completion funded through the contingency fund. He said this would ensure 100 -year flood protection for this area. Mayor Garrett asked when the project would be completed. Mr. Escobar replied the project completion date was October 2006. Mr. Marez asked it hurricane were considered 100 -year events. Mr. Escobar replied that a Category 3 or 4 hurricane would probably qualify as a 100 -year event. The pumps would be able to handle a large storm surge. There were no comments from the public. City Secretary Chapa polled the Council for !heir votes as follows: MOTION NO. 2005-361 Motion authorizing the City Manager or his designee to execute a construction contract with Jalco. Inc., of Houston, Texas in the amount of $3,166,322 for the Downtown Drainage Improvements- Phase 2 - Agnes Street Box Culvert and Diversion Lines Re - Bid. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison. Marez, and Scott, voting "Aye"; Noyola was absent. * * * * * * * * * * * * * Mayor Garrett recessed the meeting to hold a Corpus Community Improvement Corporation Meeting. * * * * * * * * * * * * * The Council returned from recess, and Mayor Garrett referred to the presentations on the day's agenda. Mayor Garrett announced that Item 23, a presentation on the fourth quarter FY 2004-2005 budget/performance report. and Item 24. a presentation on the transition from re- engineering to a city-wide Optimization Program. were being rescheduled for next week's agenda. The first presentation was Item 21 regarding the long-term procurement of cost -based power. presented by Mr. Geoffrey Gay with Lloyd and Gosselink. Mr. Gay said he represented the South Texas Aggregation Project (S TAP), of which the City of Corpus Christi was a primary member, constituting one-third of the load aggregated in South Texas. He said deregulation of electric industry in Texas was predicated on aberrant, historically stable and low natural gas prices between 1997 to 2001. Gas prices hence returned to their historically volatile nature, and now the city has historically high natural gas prices. vhnutes - Regular Council Meeting tctober 18. 2005 - Page 19 Mr. Gay said staff envisioned breaking the link between natural gas pricing and .:lectricit) price, and reinstating a cost of service basis, and to moderate the high electricity prices experienced by municipalities. Staff was proposing to go directly to an owner of a coal-fired plant willing to sell the city their facility's capacity for ten years at a fixed price to serve the naseload needs of all the STAP members. He said this was roughly 55 to 60 percent of all the anergy consumed on an annual basis by each of the city members of the STAP. To achieve this nenetit. it was necessary to have a pre -payment of the capacity piece of that coal plant for the _oat contract. STAP would issue debt that would then be supported by the contracts between •. TAP and the cities. 'The retail electric provider STAP contracts with would collect the monies ,n each account from each bill and dedicate the debt service payment portion to a trustee to pay -he hond holder. Mr. Gay said all public debt in the State of Texas had to be approved by the Public mance division of the Attorney General's Office. Ile said they have approved this concept. He ,aid this was a unique situation in which issuing debt would actually lower costs as opposed to increase them. Ile said STAP's financial counsel. First Southwest, suggested that there was nothing about this arrangement that would undermine any member's ability to issue future debt ar jeopardize a bond rating Mr. Gay displayed a number of graphs illustrating the volatility of the gas/electricity ,.orrelation. He said the coal -power contract would not become available, depending upon which 'empra plant STAP contracted with, until late 2007 or early 2008. He said STAP was asking for today was a statement from the City Council that this was a good idea worth pursuing. He emphasized this was not a commitment at this point. rather, he would come back to discuss the specific terms and conditions. He said this was a vote of confidence to the STAP Board and �empra, which had purchased the Coleto Creek plant or the "Twin Oaks plant being considered for the coal -power contract Mr. Gay stated the only way the coal -power contract would not make economic sense was if gas prices dropped below $3.50 per MM/BTU on a sustained ten-year average. He said this was highly unlikely based on world conditions. noting that most economists were saying that the price of natural gas floor was $5.00 per MM/BTU. Currently, prices were well over $11.00 per 'VIM/BTT.'. Mr. Gay noted that the Sempra Twin Oaks and Colleto Creek coal plants were considered some of the cleanest in the State of Texas regarding emissions. He said it was a unique J)pportunity that they need to act on quickly. He said roughly one-third of his clients in the •; TAP in the comparable Cities Aggregation Project (CAP) in the north have passed the reso I ution. In response to Mr. Kelly's question, Mr. Gay replied that Sempra was asking for $68 million pre -payment in late 2007. STAP would borrow monies to repay the debt. Mr. Kelly asked what staffs opinion was regarding the project. City Manager Noe stated that staff hadn't had a chance to evaluate the proposal. but was optimistic that the numbers looked good. * * * * * * * * * * * * * Minutes Regular Council Meeting tctober 18. 2005 -- Page 20 The next presentation was Item 22. a quarterly report from the Crime Control and Prevention District. Board President Butch Pool reported that the Crime Control District was ~;15.000 in the black for the first time, thanks to aggressive cost-cutting and favorable tax _ollections. He said they were on tract to repeat this feat for the upcoming fiscal year. He ntroduced Commander Bryan Smith to provide an update on the pawn shop detail. Commander Smith reported that one manager and one staff assistant had been selected and were in place for the pawn shop detail. Two additional staff assistants selected and will be ,n place within the next two weeks. comprising the full complement for this unit. He said •zomputers had been installed. and the software installed. The pawn shop detail should be fully iperational within the next two or three weeks. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported the city had received an international award for our WiFi project at the Wireless Internet Institute in San francisco. receiving the first Wireless Communities Best Practices Award. He said staff hoped lo have an agreement between the city and an air carrier for international air service to Reynosa and Mier. Mexico. Mayor Garrett asked the City Manager to ensure that Solid waste was following through with heavy brush pick-up and picking up debris. He asked staff to let the Council know if they were behind schedule. In addition. he asked staff to look into a storm water ditch at Williams and Rodd Field Roads that was not being maintained. according to citizens. There being no further business to come before the Council. Mayor Garrett adjourned the ouncil meeting at 3:43 p.m. on October 18, 2005.