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HomeMy WebLinkAboutMinutes City Council - 12/20/2005I 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 December 20, 2005, which were approved by the City Council on January 10, 2006. WITNESSETH MY HAND AND SEAL. on this the 10th day of January, 2006. Armando Chapa City Secretary S E A I_ PRESENT Mayor Henry Garrett Mayor Pro Tem Jerry Garcia Council Members: Brent Chesney Melody Cooper Bill Kelly John E. Marez Jesse Noyola Mark Scott ABSENT Rex Kinnison MINUTES CITY OF CORPUS CHRISTI. TEXAS Regular Meeting December 20, 2005 —10:02 a.m. 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 Evangelist Napoleon Johnson with Faith Mission Outreach and the Pledge of Allegiance to the United States flag was led by Council Member Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of December 13, 2005. A motion was made, seconded, and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett opened discussion on Item 38. a proposed ordinance to repeal Ordinance No. 026526 closing the beach in front of the Padre Island Seawall to vehicular traffic. Prior to the discussion, City Attorney Fischer announced that there was a typographical error in Section 2 of the proposed ordinance that stated "three regular meetings", rather than "two regular meetings' She said a corrected ordinance with the wording "two regular meetings" would be drafted as a replacement. Mayor Garrett prefaced the discussion with a statement. He said the Council was considering the repeal of its previous action to remove vehicles from approximately 4,200 feet of beach in front of the seawall on Padre Island. He said one of the Council's top priorities was economic development, and the proposed resort development near Packery Channel was a dream come true for the community. It had the potential to fulfill the promise of the Packery Channel TIF and to ensure the repayment of the bonds. In his opinion, a project of this magnitude made it necessary to reevaluate the issue with a new, fresh perspective. Minutes - Regular Council Meeting December 20. 2005 — Page 2 Mayor Garrett stated the Council's consideration of this action was a difficult decision because they had to weigh the best interests of the city with concerns about the integrity of the public process. He emphasized that this action was not an effort to nullify the referendum process or to silence the opposition; rather, it was an opportunity to work together to develop a cohesive plan for the appropriate development of this area. Thus, Mayor Garrett stated that in his opinion, it was in the community's best interests to repeal the original ordinance and begin the process anew. Mayor Garrett called for public comment. The following individuals spoke in favor of repealing the ordinance and extending the extending the pedestrian -only beach from 4,200 feet to 7,400 feet: Mr. Bud Harris, 13854 Hawksnest Bay; Ms. Gladys Choyke, 15321 Cartagena; Mr. Bill Pettus, 102 Alta Plaza; Mr. Tom Schmid; Mr. Kevin Kieschnick; Mr. Richard Pittman, 14325 Caribe; Mr. Jimmy B. Johnston, 15896 Punta Espada; Mr. John Trice, 13706 Tajamar; Mr. Billy Holmes. 14121 Jackfish; Mr. Jim Gayle. 15341 Key Largo; an unidentified gentleman; Mr. Jim Barnette; Mr. Keith Marine; Ms. Linda Strong; Mr. Steve Sims; Mr. Kenny Cotton, 4134 Petronila Creek; Mr. Joe Cisneros; Mr. Richard Branscomb; Mr. Jon Hepner, 13853 Eaglesnest Bay: Ms. Colleen McIntire, 137143 Fathoms Bank; Mr. Vakesh Patel, 13773 Eaglesnest Bay; Mr. Gene Guernsey, 6133 Tarafaya; Ms. Linda Walsh, 15350 Isabella Court; Ms. Gail Hoffman, 3442 Paradise Drive; Mr. Joe Lynch. 237 Mullet; Ms. Jody Patel, 13773 Eaglesnest Bay; Mr. Richard Caballero. 2210 Sentinel; Mr. Randy Maldonado, 6001 King Trail; Mr. Bob Shulte: Mr. Steve Jacobs, 5605 Corey; Mr. Donny Anderson, 1802 Ennis Joslin; Ms. Kim Erwin, 19357 Dasmarinas; Mr. Rudy Martinez, 526 Hoffman; Ms. Teresa Ranly, 14801 Dasmarinas; Mr. Roy Pell, 5022 Rasputin Court: and Ms. Debbie Lindsey -Opel, 15862 Cutty Sark. The following individuals spoke against repealing the ordinance: Mr. John Kelley with Beach Access Coalition; Mr. Johnny French, 4417 Carlton; Ms. Pat Suter, 1002 Chamberlain; Ms. Nanita West; Mr. Camest West, 13941 Man 0' War; Mr. Ruben Gonzalez, speaking on behalf of former Senator Carlos Truan; Mr. David Ryan, 14010 Court; Ms. Joan Veit, 5701 Cain Drive; Ms. Carolyn Moon, 4902 Calvin; Mr. Neil McQueen, 4213 Estate Drive; Mr. David Nelson, 15340 Leeward Drive; Mr. Jose Fernandez de Lara; Mr. Hal Suter, 1002 Chamberlain; Mr. Michael McKutchon, 203 Jackson: Mr. Bill Kopecky, 3609 Topeka; Mr. Fred Richards, 7402 Venice; Mr. Jack Gordy, 4118 Bray; Mr. John Adams. 307 Katherine; and Mr. J.E. O'Brien, 4130 Pompano. In response to Mr. Chesney's question, City Secretary Chapa stated if petitioners submitted the required number of signatures within the 90 -day deadline, his office had 20 days to verify the results. If his office determined the petition was valid, Mr. Chapa stated the election would be held at the next available election date in May 2006. He said, however, that once his office had verified the petition and presented it for Council consideration, the Council could opt to repeal the ordinance as requested by the petitioners at that time. Mr. Chesney stated that he felt the city should provide visitors and residents with a choice. Ile did not feel allowing vehicular traffic on beaches was an unalienable right, and was even in favor of a charter amendment regarding this issue. However, he also thought that the Council's credibility was at stake since they had publicly spoken against closing any additional beaches to vehicular traffic. After struggling with the issue, Mr. Chesney suggested that the Minutes - Regular Council Meeting December 20, 2005 - Page 3 Council and the community consider leaving the current ordinance in place and then place another ordinance on the agenda adding the 1,800 feet being requested by the resort developer. He felt this was a viable way to maintain the Council's integrity while respecting the active petition effort. Ultimately, Mr. Chesney said he would be in favor of closing the additional 1,800 feet of beach. He asked for the Council's comments. Mr. Garcia spoke in favor of repealing the ordinance and starting the discussion anew. He felt there was room for compromise on this issue if the Council and the community worked together. He also mentioned the possibility of creating a pedestrian beach ordinance that worked in conjunction with the platting ordinance. Mr. Scott stated the Council had made a mistake when they approved the current ordinance because they didn't have all the information. He said it was important to do what was in the best interest of the community. Thus, he felt it was best to repeal the ordinance and begin a public dialogue to create an organized development plan for the area. Regarding Mr. Chesney's suggestion, he was concerned that introducing a separate ordinance would confuse the petitioners and would not address the need for a cohesive development plan. In addition, Mr. Scott stated that the advantage of having a city -owned pedestrian beach was that it would be free to the public. Currently. residents and tourists were required to pay a user fee for the pedestrian - only Malaquite and Mustang Island beaches. In conclusion, Mr. Scott spoke in support of the Mayor's decision to repeal the ordinance. Ms. Cooper commented that during her 13 -year tenure on the Council, she had rarely changed her position on an issue. She said economic development was a top priority during her campaign. and the proposed world-class resort was an amazing opportunity. She said she knew nothing about the proposed resort when the Council voted to approve the beach closure ordinance. Consequently, Ms. Cooper spoke in support of repealing the ordinance. Mr. Marez remarked that he expressed concern about the non-binding nature of the current ordinance during the previous discussions. He asked why the developer had waited until now to bring his proposal to light, rather than discussing the project during the initial discussion and vote. He said he was in favor of economic development, and felt there might be a compromise on this issue. However, the petition drive to repeal the beach closure ordinance was already underway. In addition. the Council made a strong statement when they directed staff to inform the Texas General Land Office that no other beach would be closed to vehicular traffic. Mr. Marez stated that the entire community had to buy into this development to ensure its success. Finally. he said the developer should be selling the resort development, not the Council. Mr. Noyola asked where Mr. Paul Schexnailder, the Austin developer co -sponsoring the resort development, was when the Council was discussing the beach closure ordinance in October. He also questioned why Mr. Schexnailder wasn't in attendance today to sell the plan himself. Mr. Noyola stated the city should have a choice regarding the beach closure issue, and Mr. Schexnailder was not providing one. He said the proposed development was beautiful, but he did not feel the community was sold on the plan. More importantly, Mr. Noyola stated that since he had made a public statement against closing any additional beaches to vehicular traffic, he was reluctant to support a repeal of the current ordinance. Minutes Regular Councii Meeting December 20, 2005 - Page 4 Mayor Garrett reiterated his support of repealing the current ordinance, saying it was an opportunity to re-evaluate the situation and make the right decision for the community. City Secretary Chapa polled the Council for their votes on Item 38 as follows: Garrett, Cooper, Garcia. and Scott, voting "Aye"; Chesney, Marez, and Noyola, voting "No"; Kelly abstained; Kinnison was absent. Mr. Chapa explained that the City Charter required five votes in favor to pass an ordinance. so the ordinance failed with a 4-3 vote. Mr. Garcia asked if it was possible to amend the beach closure ordinance without affecting the petition process currently underway. Mr. Chapa answered negatively, saying if the Council amended the beach closure ordinance on the floor to extend the pedestrian -only beach by 1,800 feet, then the petition process would have to begin anew. City Attorney Fischer confirmed his statement. Mr. Chesney reiterated his suggestion to place a separate item on a future agenda extending the pedestrian -only beach by 1,800 feet. He said this proposal would allow the discussion to continue while not jeopardizing the ongoing petition drive. Mr. Chapa cautioned that if a petition to repeal the second ordinance was started and verified, it was more than likely result in two different petition drives with two different election dates, one in May and one in November. Mr. Chesney made a motion to place an emergency ordinance on the January 10, 2006 agenda to extend the pedestrian -only beach by 1,800 feet, seconded by Mr. Scott. Mr. Chesney clarified that the Council would still have an opportunity to repeal the ordinance for the 4,200 -foot pedestrian -only beach once the petition was verified. Mr. Scott stated that he preferred to repeal the ordinance and start the discussion anew to create a cohesive development plan. He said Mr. Chesney's proposal would require the petitioners to start two petitions, and in his opinion, the developer would balk if the community chose this route. Nonetheless, Mr. Scott said he would support Mr. Chesney's proposal if it was the Council's will. but it was a distant second choice in his mind. Mr. Garcia spoke in support of repealing the ordinance to renew the discussion on the proposed development. Mayor Garrett said he was disappointed the Council had not voted to repeal the ordinance, He said the city had had an opportunity to re-evaluate the issue and move forward with a resort development the city desperately needed. He wanted to do what was in the best interest oithe entire community, and that was how he would vote. City Attorney Fischer interjected and requested that the Council go into executive session under Texas Government Code 551.071 regarding consultation with attorney to receive legal advice. She wished to brief the Council on the legal consequences of amending or repealing the beach closure ordinance. The Council went into executive session. The Council returned from executive session. Mr. Scott withdrew his second to Mr. Chesney's motion to place an emergency ordinance on the January 10, 2006 agenda to extend the pedestrian -only beach by 1,800 feet. Mayor Garrett asked if there was a second to Mr. Chesney's motion. The motion died for lack of a second. Minutes - Regular Council Meeting December 20. 2005 - Page 5 Mr. Chesney made a motion to reconsider Item 38, seconded by Ms. Cooper, and passed unanimously (Kinnison was absent; Kelly abstained). City Secretary Chapa polled the Council for their votes as follows: 38. ORDINANCE NO. 026593 Ordinance repealing Ordinance 026526 which amended 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, and Scott, voting "Aye"; Marez and Noyola voting No Kelly abstained; Kinnison was absent. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 40 regarding an amendment to a contract with LNV Engineering for the Water System Interactive Hydraulic Model and Analysis. City Manager Noe explained that this project would complete the last stretch of the Southside Transmission Main System project to the island, an important infrastructure project for the city's long-term growth. Assistant City Manager Ron Massey stated this presentation would provide an update on the Padre Island water status, as well as outline Amendment No. 5 to the city's contract with LNV Engineering for a number of additional work projects. He asked Mr. Dan Leyendecker with LNV Engineering to make the presentation. Mr. Leyendecker reviewed the Southside Transmission Main (SSTM) project status. He said Phases 1, 2, and 3 were completed; Phases 4 and 4A were operational; Phase 5 was scheduled for bid in January 2006; Phase 6 was under design; and Phases 7 and 8 were proposed under this amendment for the island. Mr. Leyendecker reviewed the recommended short-term, near-term, and long-term improvements (2010-2055) identified for the Padre Island water system. He stated that the upgrade of the Sand Dollar Avenue Pump Station from a 1.6 MGD plant to a 6 MGD plant was a short-term improvement completed in December 2004. Mr. Leyendecker mentioned a number of near-term recommended improvements as follows: SSTM Phase 6 - increase transmission capacity to North Padre Island Service area (under contract): SSTM Phase 7 - increase transmission capacity to Sand Dollar Pump Station; SSTM Phase 8 - increase distribution capacity for North Padre Island service area; one million gallon elevated storage tank; Aquifer Storage and Recovery (ASR) - 2.5 MGD supplement; and third pump at Sand Dollar Avenue pump station. Mr. Leyendecker stated that SSTM Phases 7 and 8, and the one million gallon elevated storage tank comprised Amendment 5 of the contract being considered today. Minutes - Regular Council Meeting December 20. 2005 - Page 6 Mr. Leyendecker discussed a number of recommended long-term improvements as follows: expand ASR to 10 MGD; increase ground storage at Sand Dollar Avenue Pump Station; a second elevated storage tank for North Padre Island service area (Mustang Island); and expand pumping and distribution system. Mr. Leyendecker covered the tasks related to water system infrastructure improvements in Amendment No. 5. In Southside Transmission Main Phase 7, a 36 -inch transmission line would be installed from Sea Pines Drive to the Sand Dollar Avenue Pump Station, increasing the transmission capacity on the Island by 200 percent. Southside Transmission Main Phase 8 would involve installing a 30 -inch transmission line from the Sand Dollar Avenue Pump Station to the proposed elevated storage tank, to be located approximately 1.2 miles south of Sea Pines Drive. Mr. Leyendecker then displayed a number of aerial photos outlining the project sites. Finally, Mr. Leyendecker discussed the analysis and documentation tasks related to the Amendment No. 5 projects. The first task was on-going modeling support, comprised of the following elements: water distribution modeling and documentation; large volume user demand study; and development review and response procedures. The second task was system operational protocol demonstration including recommended operating procedures. In conclusion, Assistant City Manager Massey stated staff was recommending the approval of Amendment No. 5 Mr. Garcia asked if this project would accommodate future growth in the Flour Bluff area. City Engineer Escobar replied affirmatively, saying that the project included a tie-in to Phases 4 and 4A of the Southside Transmission Main, resulting in an additional source of water for Flour Bluff. City Secretary Chapa polled the Council for their votes as follows: 40. MOTION NO. 2005-444 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with LNV Engineering. of Corpus Christi, Texas in the amount of $1,894.815 for a total re -stated fee of $3,074,465 for the Water System Interactive Hydraulic Model and Analysis to include the following projects: * Southside Transmission Main, Phase 7 * Southside Transmission Main, Phase 8 • Padre Island Elevated Storage Tank (1.0 MG) * On -Going Modeling Support * System Operational Protocol The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Marez, Noyola, and Scott, voting "Aye"; Kinnison was absent. ************* Mayor Garrett called for a brief recess to present an "At Your Service" award. Minutes - Regular Council Meeting December 20, 2005 - Page 7 * * * * * * * * * * * * * The Council returned from recess. Mayor Garrett referred to Item 2, and the following board appointments were made: City Council's Youth Advisory Committee (NOTE: all new appointments) Erica Longoria Carolyn Bethelot Brian Silva Bryan Bode Adan "Ace" Zamora Drew Crocker Valerie Franco Jordan Eiben Elisha '`Deray" Dickerson Cassandra Hardin Maranda Roschetzcky Kristy Rodriguez Aesha Rupp Laura Rodriguez Carley Perkins Jessica Gomez Ryan Ashley Chapa Corpus Christi Regional Economic Development Corporation Gloria Perez (Reappointed) Electrical Advisory Board Bill Ewing (Reappointed) Albert Alaniz (Appointed) Florentino Vasquez (Appointed) Museum of Science and History Advisory Committee Linda Torno (Appointed) Dr. J. Robert Hartherill (Appointed) North Padre Island Development Corporation Mark Scott (Reappointed) Brent Chesney (Reappointed) Melody Cooper (Reappointed) Jerry Garcia (Appointed) Henry Garrett (Appointed) John Marez (Appointed) Transportation Advisory Committee Daniel Carrizales (Appointed) Misty D. Galang (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 26). City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion Minutes - Regular Council Meeting December 20, 2005 — Page 8 on Items 5 and 15. Mr. Scott stated he would be abstaining from the vote and discussion on Item 19. Mr. Carlos Torres requested that Item 6 be pulled for individual consideration. City Manager Noe requested that Item 19 be pulled for individual consideration. Council members requested that Item 10 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 3 through 26, constituting the consent agenda, except for Items 6, 10, and 19. which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-428 Motion approving a supply agreement with Mueller Company, of Decatur, Illinois for approximately 6,625 gas meter valves ranging in size from 1" to 1 `/2" in accordance with Bid Invitation No. BI -0024-06 based on low bid meeting specifications for an estimated annual expenditure of $79.064.50. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola. and Scott, voting "Aye"; Marez and Kinnison were absent. MOTION NO. 2005-429 Motion approving the purchase of laboratory casework furniture from VWR International, of Irving, Texas in the amount of $83,284.06. The equipment will be used by the Health Department and is purchased in accordance with the State's Cooperative Purchasing Program. Funds are available from the Health Department Bioterrorism Preparedness Grant Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 5. MOTION NO. 2005-430 Minutes — Regular Council Meeting December 20, 2005 — Page 9 Motion approving a supply agreement with AMTEX Security, Inc., of Corpus Christi, Texas for Uniformed Guard Security Services for Corpus Christi International Airport (C'CIA) in accordance with Bid Invitation No. BI -0018-06 based on low bid meeting specifications for an estimated annual expenditure of $86,870. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Aviation Department in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia. Kelly, and Scott. voting "Aye"; Marez and Kinnison were absent; Noyola abstained. MOTION NO. 2005-432 Motion approving the purchase of traffic signal equipment from the following companies for the following amounts, in accordance with the State of Texas cooperative purchasing program for a total price of $208,097.70. The traffic signal equipment will be used by the Street Department to monitor and control traffic signals at signalized intersections. Funds have been budgeted by the Street Department in FY 2005-2006. Paradigm Traffic Fort Worth, Texas Item No.: 1-9 $141,290 Control Technologies Tomball, Texas Item No.: 10-12 $66,807.70 Grand Total: $208,097.70 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 8.a. MOTION NO. 2005-433 Motion adopting the timetable for the FY2006 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (C'DBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Noyola. and Scott. voting "Aye"; Marez and Kinnison were absent. 8.b. RESOLUTION NO. 026571 Minutes - Regular Council Meeting December 20, 2005 - Page 10 Resolution amending Council Policy No. 9, entitled COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS. by adding language relating to the creation of jobs; and reaffirming the objectives and guidelines of the policy. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Noyola. and Scott, voting "Aye"; Marez and Kinnison were absent. 9.a. MOTION NO. 2005-434 Motion authorizing the City Manager or his designee to amend the scope of work with Corpus Christi Metro Ministries. Inc., for funds provided from the FY2005 Community Development Block Grant (CDBG) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 9.b. MOTION NO. 2005-435 Motion authorizing the City Manager or his designee to amend the scope of work with Corpus Christi Metro Ministries, Inc.. for funds provided from the FY2005 HOME Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Noyola, and Scott. voting "Aye"; Marez and Kinnison were absent. 11. MOTION NO. 2005-436 Motion authorizing the City Manager or his designee to execute an amendment to the Put/Pay Contract with Dawson Recycling, Inc., of Gregory, Texas offering a 15% discount off the contract rate when more than 33% of additional tonnage over the base 2.145 tons is delivered in a contract year. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Noyola, and Scott. voting "Aye"; Marez and Kinnison were absent. 12. RESOLUTION NO. 026576 Minutes - Regular Council Meeting December 20, 2005 - Page 11 Resolution authorizing the City of Corpus Christi Parks and Recreation Department to submit a bid for the 2010 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Parks and Wildlife Department to be held in Corpus Christi, March 8 through March 13, 2010: and dedicating City resources and the commitment of the American Bank Center for a total cost of $20,000 to support the bid. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 13. ORDINANCE NO. 026577 Ordinance appropriating $30.000 from the unappropriated fund balance in the Maintenance Services Fund No. 5110 for asbestos removal from the City facility located at 1409 Leopard Street (a.k.a. the Sears Building); amending annual budget adopted by Ordinance 026385 by increasing appropriations by $30,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 14. MOTION NO. 2005-437 Motion authorizing the City Manager or his designee to execute a construction contract with Coastal Resources. of Corpus Christi, Texas in the amount of $627,174.20 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 15. MOTION NO. 2005-438 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Robles & Sons, Inc., of Cibolo, Texas in the amount of $58,488 for a construction contract for the Corpus Christi International Airport Air Traffic Control Tower Demolition Project for total restated contract amount of $333,488. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. and Scott. voting "Aye"; Marez and Kinnison were absent; Noyola abstained. 16. RESOLUTION NO. 026578 Minutes - Regular Council Meeting December 20, 2005 - Page 12 Resolution authorizing the City Manager or his designee to execute two Interlocal Government Agreements with the San Patricio Municipal Water District for construction and maintenance of a new bridge crossing Hondo Creek and for maintenance of a 60 -foot wide road to the City's proposed water pumping plant, both pending acquisition of an access easement from Koch Pipeline Co. L.P.. all in connection with the Rincon Bayou Diversion Pipeline Project. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Noyola, and Scott, voting "Aye"; Marez and Kinnison were absent. 17. MOTION NO. 2005-439 Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Wayne Vann, President of the Navy -Army Credit Union (Developer) in the amount of $47,721.85 for the installation of public water lines to serve Cullen Place, Blocks B -2A, B-23, and B -2C located east of Airline Road and south of Alameda Street, 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: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola. and Scott, voting "Aye"; Marez and Kinnison were absent. 18. MOTION NO. 2005-440 Motion authorizing the City Manager to execute a Deferment Agreement with Corpus Christi Housing Finance Corporation, (Developer), in the amount of $95,018.74 for the installation of public water lines to serve West Park Addition Lots 2 and 3 located west of McBride Lane and north of Hampshire 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: Garrett, Chesney. Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. 20. ORDINANCE NO. 026579 Ordinance abandoning and vacating an 82.50 -square foot portion of a 5 -foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of East Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive; requiring the owner Bayport Development, Inc. to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 21. ORDINANCE NO. 026580 Minutes Regular Council Meeting December 20, 2005 — Page 13 22. 23. Ordinance abandoning and vacating a 612.70 -square foot portion of a 10 -foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700 -feet north of Teague Lane and west of and adjacent to Catfish Drive; 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, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. ORDINANCE NO. 026581 Ordinance abandoning and vacating a 716.70 -square foot portion of a 10 -foot wide drainage easement out of Lot 30, Block 1. River Canyon Unit 2, approximately 750 -feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail; 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, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. FIRST READING ORDINANCE Regarding delinquent personal property tax penalty. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. 24. ORDINANCE NO. 026582 Amending the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet south of the intersection of Cornerstone Drive and Flour Bluff Drive; increase the drainage basin boundary, basin EA -C-2, by approximately 13 acres; and realign the master channel with underground culvert through Cornerstone Unit 3 Subdivision. (First Reading 12/13/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Noyola, and Scott, voting "Aye": Kinnison and Marez were absent. Minutes - Regular Council Meeting December 20, 2005 - Page 14 25. ORDINANCE NO. 026583 Amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing wastewater Basin 3-B-1 by 28.4 acres now served by Flour Bluff Lift Station No. 1086. The 28.4 acres will be served by a new 10 -inch PVC sanitary sewer collection line located between Don Patricio Road and the extension of Division Road, approximately 1,175 linear feet south east of and parallel to Flour Bluff Road. (First Reading 12/13/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Ave"; Kinnison and Marez were absent. 26. ORDINANCE NO. 026584 Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-88, Age of Vehicle, to increase the maximum age of a taxicab already in service from eight (8) years to ten (10) years; Section 57-97. application for taxicab driver's permit, to provide for a temporary permit upon finding that the applicant's criminal background check comports with the requirements found at Section 57-98; providing for penalties. (First Reading 12/13/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. Mayor Garrett opened discussion on Item 6 regarding the purchase of two additional fire trucks. Mr. Carlos Torres with the Corpus Christi Firefighters Association thanked the city for the purchase because the trucks will help bring the fleet up-to-date. He said the purchase of the aerial ladder truck being considered today was long overdue, and he hoped the truck would be housed at Station No. 7 in the Weber/Doddridge/Staples area. He mentioned, however, that the fire stations were still in need of other new trucks to replace a number of older trucks reaching the end of their useful life. He asked the Council to consider purchasing at least two trucks a year rather than one truck a year to further bring the fleet up-to-date. The foregoing motion was passed and approved with the following vote: Minutes — Regular Council Meeting December 20, 2005 — Page 15 MOTION NO. 2005-431 Motion approving the lease purchase of one (1) aerial ladder truck and one (1) 2000 GPM pumper truck from Siddons Fire Apparatus. of Manor, Texas for the total amount of $1.043,719, of which S14.318.18 has been budgeted for FY 2005-2006. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These units are replacements. Financing will be provided through the City's lease/purchase financing program with an initial payment scheduled for July 2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison were absent. Mayor Garrett opened discussion on Item 10 regarding a series of grants from the Coastal Bend Council of Governments (COG) for Solid Waste services. Mr. Scott asked if the media campaign grant funding in Item 10.c. was new. City Manager Noe replied negatively, saying the funding was from a recurring COG grant. Street and Solid Waste Services Director Jeff Kaplan further explained that the continuing projects were related to Item 10.a., funding for scrap tire disposal, and Item 10.c. for the media campaign. The new projects were Item 10.a. for the Assistant Compliance Officer salary and Item 10.d. for supplemental funds for the proposed Citizen's Collection Station at the J.C. Elliott Landfill. City Secretary Chapa polled the Council for their votes as follows: 10.a. RESOLUTION NO. 026572 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $27,733.33, for a third year of grant funding for an Assistant Compliance Officer salary, with a City Match of $2,500 in the No. 1020 General Fund, and a total project cost of $30,233.33. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly, Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison were absent. 10.b. RESOLUTION NO. 026573 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $4,500 to pay for the disposal of scrap tires collected through the Neighborhood Initiative Program. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Garcia. Kelly. Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison were absent. Minutes — Regular Council Meeting December 20, 2005 — Page 16 10.c. RESOLUTION NO. 026574 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $10,000 to develop a Community Media Outreach Campaign for the City's Anti -Litter Ordinance, with a City match of $10,000 in the No. 1020 General Fund, and a total project cost of $20,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Noyola, and Scott. voting ``Aye": Cooper, Marez and Kinnison were absent. 10.d. RESOLUTION NO. 026575 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $40,000, to purchase new used -oil collection units and HHW Storage Modules for the new Citizen's Collection Station at the J. C. Elliott Landfill. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison were absent. Mayor Garrett opened discussion on Item 19 regarding a deferment agreement for the Bay Vista Apartment development. City Manager Noe stated this item would authorize the deferment agreement for the Bay Vista Apartment development on Furman Avenue. He said at this point, staff had not been able to negotiate the security for the improvements, but did not wish to delay the project. Consequently, staff was requesting an amendment to add the statement "subject to their submission of an appropriate security that meets city approval". Mr. Garcia made a motion to amend the item as recommended by City Manager Noe, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2005-441 Motion authorizing the City Manager to execute a Deferment Agreement with Mr. James P. Charnquist, (President) of Sage Properties and developer of Bay Vista Apartments, in the amount of $107,101.69 for public improvements including curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve Furman Addition, Lots 1-11, Block 2 and portion of Bay View Avenue Subdivision, in accordance with the Platting Ordinance Section V -Required Improvements, Subsection A.3.(b), subject to their suhmission of appropriate security that meets city approval. The foregoing motion was passed and approved as amended with the following vote: Garrett, Chesney, Garcia, Kelly, and Noyola, voting "Aye"; Scott abstained; Cooper, Kinnison and Marez were absent. ************* Minutes - Regular Council Meeting December 20, 2005 - Page 17 Mayor Garrett referred to Item 27.a., and a motion was made, seconded, and passed to open the public hearing on the following issue: 27.a. Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6(h) of the Platting Ordinance. Director of Development Services Barbara Bailey Holly explained the public hearing was related to transferring $800,000 in funds from the Sanitary Sewer Trunk System Trust Fund into the Sanitary Sewer Collection Line Trust Fund. The transfer would allow the city to process a reimbursement for Montana Mike's Steakhouse in the amount of $153,000. She said the Council approved the previous transfer to the Collection Line Trust Fund in April 2005 for a total of $600,000. She said staff was still working internally on improving the system to allow for more cost recovery, but at this point, the city needed the $800,000 transfer to keep the collection line trust fund solvent. There were no comments from the public. Ms. Cooper 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: 27.b. ORDINANCE NO. 026585 Ordinance appropriating and approving the transfer of $800,000 from the Sanitary Sewer Trunk System Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6 (h) of the Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the Platting Ordinance. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Ave": Kinnison and Marez were absent. 27.c. MOTION NO. 2005-442 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Ford Tex Operating, developer of Saratoga Center, Lot 15, Block I (Montana Mike's Steakhouse) located east of South Staples Street and south of Saratoga Boulevard for the installation of a 12 -inch over -size, over - depth PVC sanitary sewer collection line along the east side of South Staples Street between the City's Lift Station #5 and extending 664 linear feet south to a proposed manhole near the south property line of Saratoga Center, Lot 16, Block 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent Minutes - Regular Council Meeting December 20. 2005 — Page 18 27.d. ORDINANCE NO. 026586 Ordinance appropriating $153,922.48 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay Ford Tex Operating, for the installation of 664 linear feet over -size, over -depth 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Saratoga Center, Lot 15, Block 1 (Montana Mike's Steakhouse). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. Mayor Garrett referred to Item 28.a., and a motion was made, seconded, and passed to open the public hearing on the following issue: 28.a. Public hearing to consider an ordinance amending the Zoning Ordinance by adding Section 26-9 to allow for development of single family dwellings on non -conforming lots of record. Assistant City Manager Margie Rose reported this item was resulted from one of the Council's priority issues, neighborhood development. She said the passage of this item on first reading would amend the Zoning Ordinance to allow for development on smaller, non- conforming lots of record. Assistant Director of Planning Michael Gunning added that a survey conducted in the late 1990s found that there were approximately 3,200 nonconforming lots in the city that did not meet minimum single-family development requirements for lot width and lot area. He said the proposed zoning text amendment would allow the redevelopment of these lots for single-family homes provided they are less than 4,500 square feet in lot area and at least 25 feet in lot width. In addition, the sideyard setbacks would be no less than three feet on each side to create a six-foot separation between buildings. He said the goal was to encourage in -fill lot development in the city's older neighborhoods, where the nonconforming lots were predominantly found. There were no comments from the public. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on this item. City Secretary Chapa polled the Council for their votes as follows: 28.b. FIRST READING ORDINANCE Amending the Zoning Ordinance by adding Section 26-9 to allow for development of single family dwellings on non -conforming lots of record. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, and Scott, voting "Aye"; Noyola abstained; Kinnison and Marez were absent. Minutes - Regular Council Meeting December 20, 2005 — Page 19 Mayor Garrett referred to Item 29.a., and a motion was made, seconded, and passed to open the public hearing on the following issue: 29.a. Public hearing to consider amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and expand the Master Channel 27 drainage basin to 1.137 acres for a 100 year design. City Engineer Angel Escobar asked the Council to table this item until January 24, 2006 to allow staff to meet with property owners and developers. Mr. Scott made a motion to table Item 29 as recommended by Mr. Escobar, seconded by Mr. Garcia, and passed. There were no comments from the audience. A motion was made, seconded, and passed to close the public hearing. 29.b. TABLED UNTIL JANUARY 24, 2006 First Reading Ordinance Amending the 1961 Master Plan for Storm Drainage for the from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin. Mayor Garrett referred to Item 30.a., and a motion was made, seconded, and passed to open the public hearing on the following issue: 30.a. Public hearing to consider and nominate applications to the Office of the Governor for Renewal Community Commercial Revitalization Deduction Allocations and consider the Corpus Christi Commercial Revitalization Local Strategic Plan. Assistant City Manager Oscar Martinez reported that last week, the Council had approved approximately $9 million in Commercial Revitalization Deductions from 2005 Renewal Community funds. As one of 40 designated Renewal Communities nationwide, the City can nominate $12 million in deductions each year during the designated period. Thus, today staff was requesting authorization to use the $3.2 million balance for the Corpus Christi Biodiesel LLC project. The funds would be used to construct a Biodiesel plant located on the Corpus Christi Ship Channel, expected to produce 30 million gallons of biodiesel a year and to create 19 new jobs. Additionally. staff was requesting Council approval of the Corpus Christi Renewal Community Local Strategic Plan as required by the federal government, essentially the same plan adopted last year at this time. He said staff was required to receive authorization to submit the plan to the State by December 31, 2005. There were no comments from the public. Ms. Cooper 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 December 20. 2005 - Page 20 30.b. RESOLUTION NO. 026587 Resolution nominating a project to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. 30.c. RESOLUTION NO. 026588 Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 31, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-02, JJAR Development, LLP.: A change of zoning from "F -R" Farm - Rural to a "R -1B" One -family Dwelling District. The property is 22.386 acres out of Lot 26 and 27. Section 26, Flour Bluff and Encinal Farm and Garden Tract; located at Slough Road and approximately 3000 feet east of Rodd Field Road. City Secretary Chapa said the Planning Commission and Staff recommended the approval of an -R-1B" One -family Dwelling District. No one spoke in opposition to the zoning change. Ms. Cooper 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: 31. ORDINANCE NO. 026589 Amending the Zoning Ordinance, upon application by JJAR Development, LLP, by changing the zoning map in reference to 22.386 acres out of the Flour Bluff and Encinal Farm and Garden Tract, Lot 26 and 27, Section 26, from "FR" Farm -Rural District to "R- 113" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Ave"; Kinnison and Marez were absent. Minutes - Regular Council Meeting December 20, 2005 - Page 21 Mayor Garrett referred to Item 32. and a motion was made. seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-05. David Z. Conoly: A change of zoning from a "R -1B" One -family Dwelling District to a "F -R" Farm -Rural District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Lot 20. Section 40, save and except 5.364 acres of property of Right -of -Way, City of Corpus Christi, located along Glenoak Drive, South of the Oso Creek, and approximately 1,350 feet east of Roscher Road. City Secretary Chapa said the Planning Commission and Staff recommended approval of a '`F -R" Farm -Rural District. No one spoke in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. 3 2. ORDINANCE NO. 026590 Amending the Zoning Ordinance, upon application by David Z. Conoly, by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Lot 20, Section 40, save and except 5.364 acres of property right-of-way, City of Corpus Christi, from -R-1B" One -family Dwelling District to "F -R" Farm -Rural 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: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. Mayor Garrett referred to Item 33, and a motion was made. seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-06, Orion Drilling Company: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District. The property is .0024 acres out of 6.40 acres out of Roblex Industrial Area, Lot 21, Block 6, located north of Bates Drive and east of Flato Road. City Secretary Chapa said the Planning Commission and Staff recommended the denial of "I-3" Heavy Industrial District and in lieu thereof, approval of an "I-2" Light Industrial District with a Special Permit subject to approval from Zoning Board of Adjustment and yearly inspections by the Fire Marshall. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 20, 2005 — Page 22 ORDINANCE NO. 026591 Amending the Zoning Ordinance, upon application by the Orion Drilling Company, by changing the zoning map in reference to .0024 acre of 6.40 acres of Roblex Industrial Area, Lot 21, Block 6, (currently zoned "I-2" Light Industrial District) by granting a special permit for a 2,000 gallon above ground fuel tank, subject to two (2) conditions and a site plan; 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: Garrett, Chesney, Cooper. Garcia, Kelly, Noyola, and Scott, voting "Ave": Kinnison and Marez were absent. Mayor Garrett opened discussion on Item 34, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-07, Arriba Development: A change of zoning from a "R -1B" One -family Dwelling District to a "B-4" General Business District. The property is a vacant tract of land located north of Up River Road and Interstate 37 at the intersection of Session Road. City Secretary Chapa said the Planning Commission was recommending approval of a --B-4" General Business District. Staff was recommending denial of the 13-4" General Business District. and in lieu thereof, approval of a `B-1" Neighborhood Business District. He said the ordinance before the Council today reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning reported that the applicant had requested a zoning change from "R -1B" One -family Dwelling District to a "B-4" General Business District for marketing the development of a commercial business facility. The applicant was requesting the rezoning for speculative purposes only; thus, no specific development plans were available. The subject property was at the northwest corner of Sessions Road and Up River Road. with Up River Road being the frontage road for IH -37 at this location. The property was vacant, with existing low-density residential uses to the west and vacant land on the north and east sides. Regarding access, Mr. Gunning said TxDOT had indicated that the intersection of a local street like Sessions Road, the frontage road, and a driveway from the subject property could create a traffic safety issue. TxDOT has indicated that a driveway from the subject property may be possible if the driveway was located at the extreme western edge of the subject property. A final determination on driveway location would be made when the property was proposed for platting. Mr. Kelly asked the applicant to discuss their request. Mr. Victor Gutierrez with Coym, Rehmet, and Gutierrez, representing the applicant, Mr. Marcial Ramirez with Arriba Development, provided an aerial photo of the subject property site. He said the off -ramp and on- ramp on 1H-37 provided easy access to the site. In response to Mr. Garcia's question, Mr. Gutierrez said TxDOT was amenable to a 40 -foot wide driveway on the western portion of the site. Mr. Gutierrez said that Mr. Ramirez owned the property to the north and northeast of the Minutes — Regular Council Meeting December 20, 2005 — Page 23 subject property. and did have a residential development plan for this area. He said the subject property was expected to develop at approximately the same time. He also noted that the Planning Commission had unanimously approved their zoning request. Mr. Ramirez added that he felt the "B-4" zoning would be appropriate for this site because it could be accessed from the IH -37 on-ramp and off -ramps. He said he did not want to limit the marketability of the property. Mr. Gutierrez concluded that the applicant supported the Planning Commission's recommendation. Mr. Gunning stated that Sessions Road was a local residential street, and thus was under the jurisdiction of the city. Based on the city's driveway ordinance, the applicant would not have access to Sessions Road. Mr. Kelly noted that Planning Commissioner Pusley was absent when this case came before the Commission, and he was the Commissioner most familiar with this area. He stated that the applicant was seeking the zoning change solely to market and sell the property, otherwise known as speculative zoning. He said the community would not know what the ultimate use for the property would be. He asked Mr. Gutierrez if the applicant had spoken with the neighborhoods and the school district about their plans. Mr. Gutierrez replied negatively, but noted that the neighbor directly across from the subject property on Sessions Road had spoken in favor of the development. Mr. Kelly asked if the applicant would be amenable to tabling the application to speak with the school district and neighborhood representatives. Mr. Gutierrez answered affirmatively. Mr. Gunning added that he had just received a letter from the Tuloso- Midway Independent School District Board president indicating that they were opposed to the "B-4" zoning and preferred the "B -1A" zoning. There were no comments from the public. A motion was made, seconded, and passed to close the public hearing. Mr. Kelly made a motion to table the item until January 10, 2006 to allow the applicant to speak with the school district and the neighborhood, seconded by Ms. Cooper, and passed. 34. TABLED UNTIL JANUARY 10, 2006 the zoning map in reference to 2.5 acres out of B.S. & F. Survey 419, Abstract 570, Nueces County, from "R 1 B" One family Dwelling District to "B 1" General Business existing Comprehensive Plan. Mayor Garrett referred to Item 35, and a motion was made. seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-01, First Family Church of Corpus Christi: A change of zoning from a -R-113" One -family Dwelling District to an "I-2" Light Industrial District. The property is 6.76 acres out of Block 1, Lot 1, First Family Church Tract, located north of Up River Road, south of Interstate Highway 37, 350 feet east of Carbon Plant Road and 3,100 feet west of Rand Morgan Road. Minutes — Regular Council Meeting December 20. 2005 — Page 24 City Secretary Chapa said the Planning Commission recommended approval of a "B-4" General Business District. Staff recommended denial of the "B-4" General Business District, and in lieu thereof, approval of a `B-1" Neighborhood Business District. He said the ordinance before the Council reflected the applicant's request. Assistant Director of Development Services Michael Gunning reported the applicant was requesting a change in zoning from "R -1B" One -family Dwelling District to an "I-2" Light - Industrial District on a 6.76 -acre tract. The purpose of the request was to establish a vehicle impound and auction yard use on the subject property. The Planning Commission and staff recommended denial of the "1-2" Light Industrial District on November 2, 2005. Since that time, additional meetings were held between the applicant, school district, and the surrounding neighbors Consequently, the applicant submitted a written request withdrawing their application for an 1-2" Light Industrial District and instead requesting a `B -1A" Neighborhood Business District. He said staff recommended approval of the "B -1A" Neighborhood District. Mr. Gunning displayed a map of the subject property and the surrounding area. Access for the subject property was provided along the IH -37 frontage road and the eastbound on-ramp, east of Carbon Plant Road. The secondary access point was along Up River Road, a collector that serves the Rolling Acres subdivision to the south. The subdivision was developed with single-family residential homes from Up River Road southwards to Leopard Street. Mayor Garrett asked for public comment. Pastor John Smith with the First Family Church stated that once he was aware that their zoning change request was controversial, he worked with the neighbors and school district to try to reach a compromise. He said the church needed to sell the property because they planned to use the proceeds to finance a church building on the three adjacent acres. He said the church was in favor of the "B -1A" zoning. Mr. Kermit Sultemeier, 818 Alden Drive. and Mr. William B. Eddie, 10027 Up River Road, spoke against the zoning change. They felt the applicant was engaging in speculative zoning to increase the marketability of the subject property at the expense of the neighborhood. Mr. Scott made a motion to close the public hearing, seconded by Mr. Garcia, and passed. Mr. Kelly spoke in favor of staffs recommendation, saying the `B -1A" zoning would limit the commercial uses of the properties near neighborhoods to ensure that they would not be offensive. He was convinced that there was a low likelihood that the subject property would be developed as residences since it abutted the highway. Thus, he felt the commercial development limits in the "B-1 A" zoning would be a good compromise, given all the circumstances in the case. Mr. Kelly made a motion to amend the ordinance to reflect Staffs recommendation, the denial of the "1-2" Light Industrial District and in lieu thereof, approval of a `B -1A" Neighborhood Business District, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 20, 2005 — Page 25 35. ORDINANCE NO. 026592 Amending the Zoning Ordinance. upon application by First Family Church of Corpus Christi by changing the zoning map in reference to 6.76 acres out of Block 1, Lot 1, First Family Church Tract, from -R-1B" One -family Dwelling District to `B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent. Mr. Glenn Kost, 9726 Wilkins Drive, spoke regarding Item 34, saying he was in favor of the tabling of the Arriba Development zoning case. He asked the City to make more of an effort to inform the public. ************* Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 36, a report on the results of Bayfest 2005. Bayfest General Co -Chair Barbara Milfelt reported that the 2005 festival almost didn't take place because Bayfest had suffered financial setbacks in 2002, 2003, and 2004 due to poor weather and decreased attendance. After Bayfest 2004, the Bayfest Board of Directors was faced with debt and no available funds. In early November 2004. the Bayfest Board of Directors decided to eliminate two full-time staff positions and bring office expenses to a minimum. The Board and General Chairs contacted "partners" asked them to reduce or forgive the festival's 2004 debt. She said 18 "partners" forgave all or part of the debt, which made a 2005 festival possible. On April 1, 2004, the Board cleared all debt and began 2005 festival planning. Ms. Milfelt stated the 2005 festival mission was to focus on the following aspects: affordable family fun; reduced admission price from $7 to $5; increased attendance; having a smaller footprint with fewer stages, yet maintain a good level of entertainment within budget; renewing sponsorships; and incorporating the new American Bank Center into the festival footprint. Ms. Milfelt reported that over 300 sponsors contributed to the 2005 festival. Of these sponsors, at least 10 were new "partners". The title sponsor was H -E -B, which was celebrating their 100th birthday. In addition, she reported there was a recycling partnership between the City, the Buccaneer Commission, and Bayfest. Finally, she said the Regional Transportation Authority (R.T.A.) had continued its partnership with Bayfest by providing free shuttle service. Ms. Milfert was happy to report that the Bayfest 2005 outcome was successful, with beautifiil weather and increased attendance of 80,000. She said over 1,000 individuals enjoyed the ice-skating rink at the American Bank Center, thanks to a partnership between the center and the (Corpus Christi Ice Ray z. In total. the festival distributed over $150,000 to the participating non-profit agencies who participated. Minutes — Regular Council Meeting December 20, 2005 — Page 26 Ms. Milfert thanked the City of Corpus Christi, especially the Park and Recreation, Solid Waste, and Police departments, for their assistance. She also thanked the many commercial sponsors, saying the festival would not have been possible without their support. Finally, she announced that Bayfest 2006 would be held on September 29-30 and October 1, 2006, their 30th anniversary. She encouraged everyone to mark his or her calendars. * * * * * * * * * * * * * Mayor Garrett referred to Item 37. an update on the proposed re -use and rehabilitation of the Memorial Coliseum. City Manager Noe announced that in the interest of time, he would quickly summarize the presentation. The briefing included a timeline on the process, and said staff would be bringing a presentation forward on January 24. He stated that tomorrow was the deadline for submission of proposals. He said staff would keep the Council informed on the process as it progressed. Mr. Kelly asked staff how many proposals they anticipated receiving. Mr. Noe replied staff requested RFPs from the four companies that submitted proposals through the RFQ process. He said staff was hopeful that they would receive proposals from all four companies. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 39 regarding the City's Request for Proposal (RFP) for a recyclery. Assistant City Manager Ron Massey provided an update on the existing recycling program, and then covered the new recyclery contract. Mr. Massey stated the city's primary recycling program consisted of the following elements: curbside collection, three city drop-off centers. clean brush pick-up. drop-off metal bins at the landfill, and hazardous household waste quarterly collections. Mr. Massey reviewed a chart depicting the city's landfill diversion rates between FY 2002 to FY 2005. While the city's landfill diversion percentages had decreased from 17.8 percent to 10.7 percent over this period. the total amount diverted had decreased less than the amount of trash has increased. Mr Massey reviewed a graph depicting the recycling revenue generated by the city's curbside and drop-off centers. With the exception of 1995, the revenues were minimal at best. He said the revenue stream was determined by what the recyclery earned for selling the recycled materials once they deducted their operation costs. Currently, the recyclery operation was breaking even. Mr. Massey covered the city's current residential recycling program. First, he said the curbside pick-up frequency was every two weeks, and the recyclables were separated at curbside. 1n addition, the city operated three city drop-off centers manned by three temporary workers. The materials collected were paper. metal, plastic. and glass. The FY 2005-06 budget was S1,077.582. Mr. Massey said the fleet of eight vehicles was currently 13 years old. Finally, he said the program operations included the following staffers: one foreman; eight heavy equipment operators, 14 refuse collectors. and three temporary workers. Minutes — Regular Council Meeting December 20. 2005 — Page 27 Mr. Massey discussed the challenges the city faced in operating a recycling program. First, he said the State of Texas lacked mandatory recycling legislation, so the city must rely on voluntary recycling participation. Second, he said the city was challenged with maximizing diversion rates at the least cost. Third, there was a limited market for certain recyclable waste streams in this region, such as glass. Fourth, since the city had a voluntary recycling program, the program was focused on residential generators only, not commercial or industry customers (except through the drop-off centers). Fifth, the costs of the recycling program can be attributed to how much time was spent picking up and separating materials at curbside. Ideally, the recyclables would be co -mingled in the truck at curbside and then delivered to a recyclery for sorting. Sixth, the collection frequency affected participation, with increased participation rates being associated with more frequent collections. Seventh, the State of Texas did not encourage or require the purchase of recycled products. Eighth, a continuing education program was needed to keep the citizens informed on the benefits of recycling to encourage participation. Finally. he said a viable market was important to attract recycleries. Mr. Massey stated staff had approached the Council with a number of residential recycling options two years ago. The options included keeping the existing program frequency of every two weeks; reducing the service level to every three weeks; enhancing the service level to every week: or only using drop-off centers. He discussed the options in more detail. Mr. Massey briefed the Council on the recommended recyclery contract with Dolphin Recycling, Since 1993. BFI had served as the city's recyclery. In August 2005, staff issued an RFP for a new recyclery contract and requested proposals for the following options: residential recyclable processing and drop-off centers with additional recycling enhancements; single stream curbside collection by the city and processing by the contractor; or single stream curbside collection and processing by the contractor. Mr, Massey stated that the city received one proposal in response to the RFP from Dolphin Recycling, noting that a second proposal was received past the proposal deadline, and thus could not be considered. The Dolphin Recycling operation was located on Leopard Street in the vicinity of the Crosstown Expressway and IH -37. He said the facility location supported the city's current recycling truck routes and was of adequate size. Dolphin Recycling accepted the same materials as the city's current operation (e.g. paper, metal, and plastic) except for glass. Mr Massey covered a number of service enhancements resulting from the Dolphin Recycling contract. First. he said Dolphin Recycling would assume total responsibility for operations of the three city recycling drop-off sites, including staffing. Second, Dolphin Recycling would implement a recycling program to any City department requesting a service, including all equipment, education. and monitoring to ensure a successful program. Third, they would provide in-kind support for all city recycling programs, including city events, NIP, and special school programs. Mr. Massey discussed additional efforts to enhance recycling and reduce expenses, primarily by maximizing the clean brush loads. Staff was preparing to issue an RFP to grind, process. and distribute mulch/compost product from clean brush, and to process, grind, and distribute concrete for re -use. Minutes - Regular Council Meeting December 20. 2005 — Page 28 In conclusion, Mr. Massey stated staff made the following recommendations: approval of the contract with Dolphin Recycling; increased emphasis on residential recycling and clean brush loads; continued pursuit of additional recycling contracts; and implementation of a pilot program for enhanced residential recycling when funding was available. City Secretary Chapa polled the Council for their votes as follows: 39. MOTION NO. 2005-443 Motion approving a recycling service contract with Dolphin Recycling, of Corpus Christi, Texas for the intake and processing of residential recyclable materials in accordance with Request for Proposal No. BI -0140-05, based on the only proposal received for an estimated annual revenue of $54.381.20. The term of the contract shall be for five years with an option to extend the contract for up to three additional five-year periods, subject to the approval of the supplier and the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Noyola. and Scott, voting "Aye"; Kinnison and Marez were absent. ************* Mayor Garrett called for the City Manager's report. City Manager Noe announced the city's holiday schedule. saying the city would be closed on December 26 and January 2. He also announced that the city, in conjunction with Northrup Gromman, was selected by the U.S. Conference of Mayors to receive an Outstanding Achievement Award for Best Public/Private Partnership for the WiFi project. He said Mayor Garrett would accept the award at their Washington D.C. conference in January. Mayor Garrett asked if the city was going to be providing trash pick-up on Monday, December 26. City Manager Noe replied negatively. Mayor Garrett wished everyone a Merry Christmas, and thanked the Council for a productive year in 2005. Mayor Garrett called for Council reports. Mr. Noyola wished the Council, staff and the citizens a Merry Christmas and a Happy New Year. He also asked if the city's 78415 Committee meetings could be held at South Park School because the residents in this area had expressed a desire to he more informed about committee business. Mr. Noe stated he did not know where or how often the committee met now, but he would look into the matter and see if it was possible. In response to Mr. Noyola's question, Mr. Noe said staff would mail notices to area residents advising them about the meeting location. Ms. Cooper announced that the next town hall meeting would be held at 6:00 p.m. on January 9. 2006 at Kaffie Middle School. She wished everyone a Merry Christmas and a Happy New year. saying 2005 was an unusual year, but she looked forward to a successful 2006. Mr. Garcia wished everyone a Merry Christmas and Happy New Year. He also asked if the Sign Committee was meeting next month. Assistant Director of Development Services Michael Gunning reported that staff held its fourth meeting with stakeholders groups last week. Minutes Regular Council Meeting December 20. 2005 — Page 29 He said he had incorrectly stated at the last Council meeting that the real estate companies had not been informed about the meetings. when in fact they had been informed. An additional meeting would be held the first or second week of January, including representatives from six businesses, six neighborhood associations, and three members of the sign industry. He said he would forward the names of the representatives and the meeting times to Mr. Noe for the Council's information. Staff anticipated that the first public hearing would be held on January 25, with the proposed sign amendments to be presented before the end of the Saratoga Boulevard sign moratorium. He said he would share the proposed timeline with City Manager Noe to forward to the Council. Mr. Garcia thanked the City Manager and staff for their efforts to involve a cross section of community. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:30 p.m. on December 20, 2005. * * * * * * * * * * * * *