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HomeMy WebLinkAboutMinutes City Council - 01/17/20061 1IEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of January 17. 2006, which were approved by the City Council on February 14. 2006. WITNESSETH MY HAND AND SEAL. on this the 14th day of February, 2006. Armando Chapa City Secretary S E A 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting January 17, 2006 —10:00 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 Reverend E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 10, 2006. A motion was made, seconded, and passed to approve the minutes as presented * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2-10). Mr. Abel Alonzo, 1701 Thames, requested that Item 5 be pulled for individual consideration. Council members requested that Items 3 and 7 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 2 through 10, constituting the consent agenda, except for Items 3, 5, and 7, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2 MOTION NO. 2006-005 Motion approving the purchase of one truck mounted excavator from Waukesha Pearce Industries, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0074-06, based on only bid for the total amount of $248,840. This unit is purchased for the Storm Water Department and is a replacement to the fleet. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 17. 2006 - Page 2 RESOLUTION NO. 026606 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating in the City's summer program. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2006-007 Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Professional Services with Shiner Moseley, of Corpus Christi, Texas in the amount of $390,700 subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J. C. Elliott Landfill. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2006-009 Motion authorizing the City Manager to execute a Deferment Agreement with Peacock Properties, (Developer), in the amount of $74,578.90 for the installation of 1,242 linear feet of off-site, 8 -inch PVC sanitary sewer collection line to serve Chris -Rae Addition, Block 1, Lots 6 and 7, located south of SH 358 (South Padre Island Drive) and west of Rodd Field 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, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2006-010 Motion approving the Developer/Owner Agreement with Brighton Park Baptist Church, developer of Brighton Park Baptist Church Lot 1, Subdivision, located south of Brooke Road and east of Airline Road to secure the construction of an 8 -inch and 12 -inch water line infrastructure requirement. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes — Regular Council Meeting January 17. 2006 — Page 3 10. ORDINANCE NO. 026609 Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-254, Maximum Auto Wrecker Service and Storage fees, providing for fee increases, changing the term "preservation fee" to "impoundment fee" and using "longer that 25 feet" as a trigger to charge large vehicle daily storage fees; all changes of which conform to controlling state law; and providing for penalties. (First Reading 01/10/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 5 regarding a grant to cover administrative expenses for the Regional Health Awareness Board. Mr. Abel Alonzo, 1701 Thames, thanked the Port of Corpus Christi for contributing the grant funding, and he asked for the Council's approval. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO. 026607 Resolution authorizing the City Manager or his designee on behalf of the Regional Health Awareness Board, to accept a grant from Port Industries of Corpus Christi in the amount of $26,250 for administrative expenses related to operation of the Board. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5 . b. ORDINANCE NO. 026608 Ordinance appropriating a grant on behalf of the Regional Health Awareness Board in the amount of $26,250 from Port Industries of Corpus Christi in the No. 1066 Health Grants Fund for administrative expenses related to operation of the Board. 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". Mayor Garrett opened discussion on Item 3 regarding supply agreements for a variety of canned and frozen goods for the Senior Community Services' meal program. Mr. Noyola noted that LaBatt Food Service and PFG, the two companies that were awarded the bids, appeared to have bid for the same items. He asked why one company wasn't awarded the total bid. Mr. Mike Barrera, procurement and general services manager, replied that six or seven companies bid for the items, and the city was required by law to award to the lowest bidder. Consequently, staff could not recommend award to one company. He explained that the bid tab had approximately 200 lines, with each category of canned or frozen goods divided into many subcategories. The canned fruit category, for example, was comprised of many subcategories, such as canned pears, canned peaches). Subsequently LaBatt Food Service may have been awarded some of the items in the subcategories, while PFG was awarded others; thus, they were not awarded the same items. City Secretary Chapa polled the Council for their votes as follows Minutes — Regular Council Meeting January 17 2006 — Page 4 MOTION NO. 2006-006 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six-month expenditure of $100,959.33. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been requested by Senior Community Services in FY 2005-2006 LaBatt Food Service PFG Corpus Christi, TX Victoria, TX 131 Items 85 Items $46,295.78 $54,663.55 Grand Total: $100,959.33 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 7 regarding the Corpus Christi Ship Channel Water and Wastewater Utility Crossing project. Mr. Kelly commented that as the city searched for a new wastewater treatment facility site, the Hillcrest neighborhood was requesting that the city consider sites that were north of the channel. If the Council decided on a site north of the channel, he felt the city could save money by consolidating the channel dredging with a wastewater treatment facility moving water from south to north. He asked if this was a possible option. City Engineer Angel Escobar replied negatively, explaining that the purpose of the ship channel project was to increase the channel depth to accommodate the future dredging; to install two wastewater lines moving wastewater from north to south; and to install two new water lines. The size of the directional boring in the ship channel project would be insufficient for wastewater lines moving water from south to north, which required two 30 -inch diameter lines. Mr. Kelly asked if the city decided to build north of the channel, would there be a need to bring wastewater from the North Beach area to the south. Mr. Escobar answered affirmatively, but pointed out that the existing lift station on Resaca and Sam Rankin could pump the water to the treatment plant for that area more efficiently. City Secretary Chapa polled the Council for their votes as follows: 7 MOTION NO. 2006-008 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a construction contract with Akerman Construction, of Purcell, Oklahoma in the amount of $139,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing Project Base Bid One for the relocation of the entry point. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye". * * * * * * * * * * * * Mayor Garrett deviated from the agenda, and opened discussion on Item 16 regarding flexible -fuel plug-in hybrid vehicles. Mr. Juan Garza, general manager for Austin Energy, Minutes — Regular Council Meeting January 17, 2006 — Page 5 briefed the Council on a City of Austin initiative encouraging automobile manufacturers to produce and sell flexible -fuel plug-in hybrid vehicles to fleet operators and the public. The so- called Austin initiative was being launched next week in Washington, D.C. Mr. Garza discussed the importance of alternative -fuel vehicles as transportation options because of economic, environmental, and national security concerns. He said electricity seemed to be the most viable alternative to petroleum that was currently available,. The cost of a "gallon" of electricity, for example, was approximately 25 cents, compared with $2.50 per gallon of gasoline. Mr Garza noted that there were a number of gasoline -electric hybrid vehicles available on the market today which both reduce emissions and improve fuel efficiency in city driving such as the Toyota Prius and the Honda Civic. Hybrid vehicles combined an internal combustion engine followed by an electric motor powered by a battery system. The power inverter module allowed the battery to recharge when the car slowed down or braked; thus, this type of vehicle was more efficient for city driving as opposed to highway driving. The flexible -fuel plug-in hybrid vehicle, however, could be plugged into a charging device when not in use, increasing the available battery power. This would improve on emission reductions and fuel efficiency during daily driving activities. Mr. Garza said the goal was to engineer a vehicle with a battery that could run on 100 percent electricity for a minimum of 30 miles, noting that fifty percent of all daily work commutes were less than thirty miles. On the other hand, if one wished to travel to San Antonio, the car would convert automatically to gasoline -power. Mr. Garza stated that currently, the automobile industry was not producing vehicles with this advanced capability. Even though the technology was available. The upgrade would be costly for most manufacturers, so they would need some indication that there was a market for these vehicles. Consequently, he said the City of Austin established this program to obtain endorsements from local governments and other fleet users in support of flexible -fuel plug-in hybrid vehicles. Mr. Garza said Council's approval of the proposed resolution would support a national campaign to encourage development and production of flexible -fuel plug-in hybrid vehicles. Mr Garza described the City of Austin's program in more detail. First, he said they collected 10,000 signatures from residents in support of the initiative. Second, Austin Energy was prepared to offer energy rebates to purchasers of flexible fuel plug-in hybrid vehicles. Third, the City of Austin and other local government and businesses had joined forces to promote the initiative. Finally, he said the City of Austin was attempting to obtain petitions and endorsements from businesses, environmentalists, and other interested parties. Mr Garza stated the City of Austin planned a kick-off campaign on January 24, 2006 in the National Press Club, Washington D.C. He said supporters from cities, public utilities, and private sector companies would join Austin Mayor Will Wynn at the event. In response to Mayor Garrett's question, Mr. Garza stated that the public transportation sector had requested a special plug-in that could fully charge a battery in an hour and a half. Otherwise. the vehicle would charge overnight at any 120 -volt outlet. In response to Mr. Scott's question, Mr. Garza replied Austin Energy was a corporation fully owned by the City of Austin that generated and sold electricity to city residents for a profit. Mr. Scott asked why the proposed resolution was specifically endorsing flexible -fuel plug-in Minutes - Regular Council Meeting January 17 2006 - Page 6 vehicles rather than hybrid vehicles in general. Mr. Garza replied that the national campaign was focusing on the flexible -fuel plug-in vehicles because automakers were not currently manufacturing them, and the City of Austin felt the plug-in vehicles were technologically superior to the gasoline -electric hybrids in production. Mr. Scott felt that any type of hybrid vehicle should be encouraged, and resisted the attempt to focus solely on flexible -fuel, plug-in hybrid vehicles. He pointed out that vehicles were the major cause of pollution, so he felt the governments should provide incentives to move toward all hybrid vehicles. City Manager Noe replied that the city's Air Quality Committee, headed by Mr. Bill Hennings, was also investigating alternative fuel initiatives, and he proposed scheduling a report for the Council. Mr. Scott spoke in support of scheduling a report. Mr Garcia asked Mr. Garza if he planned to hold any orientations to inform the public about the advantages of hybrid vehicles. Mr. Garza replied he could make those arrangements. Mr. Garcia also pointed out the federal energy bill offered incentives for all hybrid vehicles. Mayor Garrett asked for public comment. Mr. Abel Alonzo spoke in support of hybrid vehicles, saying that electric wheelchairs had been using the technology for years. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 026615 Resolution directing the City Manager to develop a program to encourage the future purchase of flexible -fuel plug-in hybrid vehicles for City fleet orders; commit the City to support state, and federal policies that will promote flexible -fuel plug-in hybrid vehicles; and work with other local governments, education, business, and the environmental community to encourage the manufacture and purchase of flexible -fuel plug-in hybrid vehicles. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ************* Mayor Garrett referred to Item 11, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1205-01, Sharon Gilleland: A change of zoning from a "R -1B" One -family Dwelling District to an "AB" Professional Office District. The property is in the Del Monte Subdivision, Block 5, Lot 13, located at the northwest corner of the intersection of Santa Fe and Indiana Avenue. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "AB" Professional Office District and in lieu thereof, approval of a "R-2" Multiple Dwelling District No one spoke in opposition to the zoning change. Mr. Garcia 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 January 17, 2006 — Page 7 11. ORDINANCE NO. 026610 Amending the Zoning Ordinance, upon application by Sharon Gilleland by changing the zoning map in reference to .14 acres out of Del Monte Subdivision, Block 5, Lot 13, from "R -1B" One -family Dwelling District to "R-2" Multiple 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, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 12, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1205-02, Yorktown Oso Joint Venture: A change in zoning from a "R -1B" One - family Dwelling District to a "R-1 C" One -family Dwelling District. The property is in Rancho Vista Subdivision, Block 1, Lot 2, Block 2, Lots 2-14, Block 3, Lots 1-14 and Block 5, Lots 9-20, located south of Yorktown Boulevard and 1,550 feet east of Airline Road extension and Rodd Field Road. City Secretary Chapa said the Planning Commission recommended the approval of a "R -1B" One -family Dwelling District with a Special Permit on six (6) lots. Staff recommended the approval of a "R -1C" One -family Dwelling District. Mr. Chapa said the ordinance reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning explained that the applicant was requesting a change in zoning from the original "R-1 B" zoning request that was recently approved. The subdivision was developed under the "R-1 B" standard. However, there were six lots with home built at the 20 -foot foot yard setback, similar to the homes zoned "R-1 C" to the north of the development. He noted that the 20 -foot yard setback was the minimum front yard set back for properties zoned "R -1C" Mr. Gunning stated that the Planning Commission recommended denial of the "R -1C" district and in lieu thereof approval of the "R -1B" district with a special permit on the six lots. He said staff was recommending the "R -1C" zoning because it was consistent with the adjacent zoning. In addition, his experience was that as this subdivision developed in the future, other property owners in that same subdivision would also want the 20 -foot front yard set back line. Finally, he said there was an exception to the ordinance that actually allowed individuals to build at a front yard setback based on the average set back for that particular block. Consequently, many of the homeowners in residences zoned "R-1 B" could appeal and ask for administrative approval to build a 20 -foot front yard setback. In conclusion, Mr. Gunning stated that staff felt it was best to zone the entire subdivision "R -1C". In response to Mr. Scott's question, Mr. Gunning stated that the "R -1B" zoning allowed a 25 -foot setback. Mayor Garrett asked for public comment. Mr. Bart Braselton, 7406 Lake Buchanan, spoke in support of staff's recommendation. Mr. Kinnison made a motion to amend the ordinance to reflect staff's recommendation, seconded by Ms. Cooper, and passed. Minutes — Regular Council Meeting January 17 2006 — Page 8 A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: 12. ORDINANCE NO. 026611 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture by changing the zoning map in reference to Rancho Vista Subdivision, Block 2, Lot 7, 11, 12 and 13; Block 3, Lot 1; and Block 5, Lot 5, from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 13, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1205-03, Patricia Hawn Wallace, Trustee #2: A change in zoning from a "F -R" Farm -Rural District to a "R-1 B" One -family Dwelling District. The property is 33.25 acres out of Lots 22, 23, and 24, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard between Rodd Field Road and the Cayo del Oso. City Secretary Chapa stated the Planning Commission and staff recommended approval of a "R-1 B" One -family Dwelling District. No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 026612 Amending the Zoning Ordinance, upon application by Patricia Hawn Wallace, Trustee #2 by changing the zoning map in reference to 33.25 acres out of Lots 22, 23, and 24, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye" Kelly was absent. Mayor Garrett deviated from the agenda and referred to Item 15, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting January 17. 2006 — Page 9 Case No. 1105-04, Scott Mandel: A change in zoning from a "F -R" Farm -Rural District to a "R -1B" One -family Dwelling District on Tract 1, a "R-2" Multiple Dwelling District on Tract 2 and a "B-1" Neighborhood Business District on Tract 3. The property is 40.02 acres out of Lots 10 and 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, located east of Cimarron Boulevard and 200 feet south of Brockhampton Street. City Secretary Chapa stated the Planning Commission and staff recommended approval of a "R-1 B" One -family Dwelling District on Tracts 1. 2, and 3. No one spoke in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. Mr. Kinnison asked if the applicant planned to submit an application for a Planned Unit Development ("PUD") for the project site in the future. Mr. Gunning replied affirmatively. He explained that the applicant preferred commercial and townhome zoning on the Cimarron frontage, but had requested "R-1 B" zoning at this time for the entire site due to infrastructure issues concerning proposed Drainage Ditch 27, and the need to prepare a subdivision plat with a PUD district. In addition, the applicant has indicated that development of the commercial and townhome tracts would only occur after Cimarron Boulevard was improved. He anticipated that the applicant would pursue a PUD district for the project site within the next two or three years. In response to Mr. Kinnison's question, Mr. Gunning replied the applicant would have to submit a new application for a PUD for the Planning Commission's review. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 026614 Amending the Zoning Ordinance, upon application by Scott Mandel, by changing the zoning map in reference to 40.02 acres out of Lots 10 and 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "R- 113" One -family Dwelling District on Tracts 1, 2, and 3; 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, Kinnison, Marez, Noyola, and Scott, voting "Aye" Kelly was absent. Mayor Garrett referred to Item 14, and a motion was made, seconded, and passed to open the public hearing for 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. (Tabled 12/20/05) 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. Mr. Chapa said the ordinance before the Council today reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning stated the Council tabled this case on December 20, 2005 to allow the applicant to meet with residents and the Tuloso Minutes — Regular Council Meeting January 17, 2006 — Page 10 Midway School District to consider a lesser zoning district. He referred to a letter submitted by the Tuloso-Midway ISD requesting a "B -1A" Neighborhood Business District rather than a "B-4" General Business District because of the subject property's proximity to a church, preferring non-residential development along the IH -37 frontage. Mr. Gunning stated that the Planning Commission, on the other hand, felt the most appropriate zoning was the "B-4" district because of the subject property's proximity to Sessions Road Mr Gunning explained the subject property was located at the northwest corner of Sessions Road and Up River Road. Up River Road at this location was also the frontage road for IH -37. The property was vacant with existing low-density residential uses to the west and vacant land on the north and east sides. The south property line was adjacent to Sessions Road, a local (or rural) street that accesses a number of single-family developments. In addition, the Future Land Use Plan designated this property for commercial uses along the highway frontage with low-density land uses located to the north and behind the commercial uses. Consequently, staff was recommending the denial of the "B-4" district and approval of the -B-1" district because they felt it was most appropriate. Mr. Gunning also pointed out that TxDOT felt that the intersection of a local street like Sessions Road and the frontage road with a driveway from the subject property could create a traffic hazard. TxDOT preferred that the driveway be located at the extreme western edge of the subject property. The city's driveway ordinance would also prohibit any commercial driveway access onto Sessions Road since it was a local street. In conclusion, Mr. Gunning stated staff preferred the "B-1" district to the "B -1A" district since there were no existing homes in the area that warranted the additional buffer the "B -1A" provided. Mr. Garcia commented that the city was not saying that the area could never be zoned a "B-4" district; rather, staff's recommendation under the existing conditions was to zone the property "B-1". Mr. Gunning replied affirmatively, saying the area could be zoned "B-4" in the future. Approved uses in the "B-1" zoning district were grocery stores, retail uses, personal service uses, offices, and apartments Mayor Garrett asked for public comment. Mr. Victor Gutierrez with Coym Rehmet & Gutierrez Engineering, 5656 S. Staples, representing the applicant, stated that they met with the Tuloso-Midway School District Board and superintendent per Mr. Kelly's request at the last meeting. The school district was in favor of the "B -1A" zoning district, which differed from the Planning Commission and staff's recommendations. The Planning Commission unanimously recommended "B-4" zoning, and staff recommended "B-1". While the applicant preferred the "B-4" zoning, Mr. Gutierrez said his client would accept a minimum of "B-1" zoning with a Special Permit for a hotel/motel site. This proposal would protect the school district and the residents from any objectionable uses. He noted that the Special Permit would expire in one year, so his client would have to build the hotel within that timeframe or the property would revert to "B-1" zoning uses. Mr Noyola asked if the applicant also owned the land behind the subject property. Mr. Gunning replied affirmatively, saying the applicant owned all the property zoned "R -1B" behind the subject parcel. Mr. Noyola asked what the applicant's plans were for the surrounding property. Mr. Ramirez, the applicant, replied that he owned the property behind the subject parcel and across from it on Sessions Road. They planned to develop the property at least partially for residential use: thus, they would not favor bar or auto shop uses. Minutes — Regular Council Meeting January 17. 2006 — Page 11 Dr Cornelio Gonzalez, superintendent of Tuloso-Midway Independent School District, spoke against the "B-4" zoning district and in favor of the "B -1A" zoning if possible. The school district was not opposed to commercial development in the area, however, except for businesses allowing alcoholic beverage sales. In conclusion, he said the school district accepted staff's recommendation to zone the property "B-1 ". If and when a developer emerged with a proposal to build a hotel on the site, then the applicant could request a zoning change at that time. Mr. Garcia agreed with Dr. Gonzalez. Mr Noyola asked for the distance between the closest Tuloso-Midway ISD school and the subject property. Dr. Gonzalez replied the primary school was approximately a mile from the subject property. Mr. Noyola asked Mr. Gunning what the minimum distance allowed by ordinance between a school and a establishment selling alcoholic beverages. Mr. Gunning replied the minimum distance was 300 feet. Mr. Noyola felt that since the subject property was a mile from the nearest school. a business selling alcoholic beverages could be an acceptable use. He pointed out that a hotel could sell alcoholic beverages to patrons. Dr. Gonzalez reiterated the school district's position against alcoholic beverage sales in the area. A motion was made, seconded, and passed to close the public hearing. Mr. Chesney spoke in support of Mr. Gutierrez's suggestion to grant the applicant "B-1" zoning with a Special Permit for a hotel with a one-year expiration date. Director of Development Services Barbara Holly replied that this was clearly an option. Mr. Kinnison spoke on behalf of Mr. Kelly, who was temporarily unavailable. He said Mr. Kelly was in favor of staff's recommendation for a "B-1" zoning district. Mr. Kinnison made the motion to amend the ordinance to grant a "B-1" zoning district, and it was seconded by Ms. Cooper. Mr. Chesney made a motion to amend Mr. Kinnison's motion to include a Special Permit for one year to allow for hotel/motel development, seconded by Mr. Scott. Mr. Gunning added that if the applicant failed to begin the hotel/motel development within a year, he had the right to ask the Council for an extension. Mr. Kinnison restated his motion and made a motion to amend the ordinance to approve a "B-1" zoning district with a Special Permit for one year to allow for hotel/motel development, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows 14. ORDINANCE NO. 026613 Amending the Zoning Ordinance, upon application by Arriba Development by changing the zoning map in reference to 2.5 acres out of B.S. & F. Survey 419, Abstract 570, Nueces County, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District with a Special Permit for one year to allow for hotel/motel development; 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, Kinnison, Marez, Noyola, and Scott, voting "Aye Kelly was absent. ************* Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 17 on traffic management at the arena/convention center during multiple events. Mr. Minutes - Regular Council Meeting January 17, 2006 - Page 12 Marc Solis, general manager for the American Bank Center, reviewed the history of the arena traffic planning and development plans that SMG incorporated into their Traffic Master Plan. Mr Solis discussed SMG's Traffic Master Plan in more detail. He said the plan addressed inbound and egress routes, and outlined the city's responsibilities and SMG's responsibilities in managing the American Bank Center zone. In addition, the plan outlined the Regional Transportation Authority's (RTA) role in managing certain high traffic events. Regarding the inbound traffic flow, Mr. Solis reported that 75 percent of event attendees used the IH-37/Chaparral corridor, 15 percent used Shoreline Boulevard, and 10 percent used Port Avenue. Egress traffic flow used the following routes: IH-37/Chaparral - 10 percent; Shoreline Boulevard - 30 percent; and Port Avenue - 20 percent. He pointed out that Port Avenue was an underutilized route, and said SMG was planning to add more directional signage to encourage use Mr Solis displayed a map depicting the areas of city responsibility and shared responsibility, and the areas of shared responsibility between the city and SMG. He said the city managed the area near IH -37 and Chaparral, while SMG managed the arena zone, stretching out over 25 parking lots. Mr. Solis displayed a chart providing an inventory of available arena parking, totaling 25 lots with 5,453 parking spaces. The city owned 15 of the Tots, totaling 1,478 parking spaces, and SMG managed four additional lots for a total of 775 parking spaces. Mr. Solis discussed the SMG parking usage averages as follows: hockey - 776 vehicles per game; basketball - 290 vehicles per game; football - 1,596 vehicles per game; concerts - 1,550 vehicles/event; and Selena Auditorium events - 562 vehicles/event. In total, he said an average of 954.8 vehicles per event utilized parking. He concluded that there was more than sufficient parking in the area. Mr. Solis reported on a paid parking program implemented in April 2005, ranging from $3 to $10 per space. He said 100 parking spaces in the parking garage were reserved for the program, and they sold out within five minutes. Thus, SMG felt there was a market for guaranteed parking. The revenues collected from this program would be used to maintain and improve parking lots and to reimburse the city for traffic management by the Police department. In addition. he said the revenues would be used to make the traffic and parking program self- funded Mr. Solis reported on the success of the RTA Bayfront Express. The RTA serviced 22 events last year at a charge of $1 to $2 per roundtrip. An average of 12.6 percent of event attendees used the service. Although the service was convenient and modestly priced, Mr. Solis said the public was underutilizing the service. He theorized that the public utilized the service only if there were multiple events being held in the area (e.g. baseball game, country peddler show, graduation, etc.) In conclusion, Mr. Solis stated the arena's first year in operation was successful and customer satisfaction was met through a coordinated effort between the city, SMG, and the Port. He said SMG would continue to make improvements to the program over time. Mayor Garrett asked Mr. Solis to continue to encourage event attendees to use Port Avenue for ingress and egress. Minutes — Regular Council Meeting January 17. 2006 — Page 13 Mr Scott spoke in favor of pedestrian improvements to the arena, so people could have an enjoyable experience as they walked to the arena from their parking spaces. He also asked SMG to improve their efforts to manage traffic around the arena. Mr. Solis replied the arena parking manager had erected new signage to direct patrons to designated parking Tots, and also planned to assign additional staff to improve traffic management. Mr Marez thanked SMG and staff for providing affordable and convenient parking for the city's various venues. He also thanked SMG for bringing great entertainment to the city. Mr. Garcia commented that he would like to see signage distinguishing city lots from private lots. He also stated that he would like streetlights placed on Port Avenue to guide vehicles to the expressway entrance. He also suggested that SMG consider using public transportation to transport citizens from outlying lots to the arena. Mr. Solis replied SMG staff had held preliminary discussions with the Corpus Christi Hooks about running trams from their parking lot to arena events. At this time, he said neither SMG nor the Hooks had the funds to purchase a tram, so the idea was on hold. Mr. Garcia replied that an another option would be to enhance the paid parking program by adding more spaces, and then use a portion of the revenues to establish a shuttle system with the RTA City Manager Noe stated the city's discussions with the architects and designers on the Bayfront Plan had also called for pedestrian improvements in the downtown entertainment district to better integrate the venues. He also thanked the city's traffic cops, the Engineering department, and the RTA for working cooperatively with SMG to manage traffic in the area. * * * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. The following individuals spoke in support of restricting the police chief search to internal candidates: Abel Alonzo; Cliff Harris, 1017 Antelope; and Gilbert Cortinas, 1826 Leopard. Mr. Cortinas submitted a petition in support of his statement. Mr. Carlos Torres, 6014 Ayers, spoke in favor of retaining the CPAT physical fitness exam for firefighter candidates because he felt the program had more rigorous fitness standards than the Cooper Institute Physical Fitness exam, which the city had recently adopted. He asked the city to assign a staff member to work with the Firefighters Association and the Fire Chief regarding the exam requirements. Mr. Chesney referred to a written response from Ms. Cynthia Garcia, Human Resources Director addressing Mr. Torres's concerns. He considered physical fitness to be a priority issue during the next round of police and fire contract negotiations because it was a safety issue. City Manager Noe clarified that staff was not opposed to the CPAT itself; rather, their concerns were related to a number of legal issues raised in other communities about the test. Until the legal issues were resolved, staff was discontinuing the use of the CPAT and implementing another test. Finally, he said staff fully supported collective bargaining regarding issues related to physical fitness. Minutes — Regular Council Meeting January 17, 2006 — Page 14 Mr Marez asked when the next fire academy was scheduled. Director of Human Resources Cynthia Garcia replied that normally, the city held one fire academy a year. She said it took approximately nine months to complete the recruitment process for firefighter candidates The next academy was scheduled to begin in January or February 2007. Mr Noyola referred to a number of errors that appeared on the city's website regarding the CPAT test. Ms. Garcia replied the Cooper Institute Physical Fitness was currently used for the Police department, and errors were made when the information was transferred from the Police website to the firefighter website. She apologized for the errors and said they were corrected them as soon as they were discovered. In response to Mr. Noyola's question, Ms. Garcia said staff recommended changing from the CPAT to the Cooper's test because of an EEOC ruling that the City of Austin's use of the CPAT had an adverse effect on female candidates. As a result, the City of Austin's firefighter recruitment process was cancelled. Since the City of Corpus Christi could not afford to cancel a firefighter academy, staff had no choice but to discontinue the CPAT until the issue was resolved. She noted, however, that staff had recommended that the CPAT continue to be taught at the fire academy for training purposes. Mr. Noyola understood that the Fire Chief, assistant chiefs, and the union chief were unaware of a validation study for the tests. City Manager Noe replied that normally, issues related to recruitment are not the purview of the union; rather, the civil service process determined who was hired. He said he understood the Fire department staff was informed about the process. follows: ************* Mayor Garrett announced the executive sessions, which were listed on the agenda as 20. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiation with possible discussion and action related thereto in open session. 21. Executive session under Texas Government Code Sections 551.071 and 551.072 regarding legal and real estate transaction issues relating to the acquisition of property for and permitting of a new wastewater treatment plant to replace the Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 22. Executive session under Texas Government Code Section 551.071 regarding WiFi network, with possible discussion and action related thereto in open session. The Council went into executive session. ************* The Council returned from executive session. Mayor Garrett referred to Items 18 and 19, presentations on the Americans with Disabilities Act transition plan and the first quarter report on health benefits/risk management fund. City Manager Noe stated the Council had been provided with materials regarding the items. If the Council had no objections, staff could forgo the presentation and entertain questions. There were no questions. Minutes - Regular Council Meeting January 17, 2006 - Page 15 ************* Mayor Garrett called for the City Manager's report. City Manager Noe reported that the following items were scheduled for the Council 's consideration next week: Convention and Visitors Bureau quarterly report, including a report on the bowlers tournament; Tall Ships visit presentation; and the city's depository contract. Mayor Garrett called for Council reports. Mr. Scott asked staff to provide more advance notice regarding neighborhood meetings. He said he had received just two days notice regarding a Hamlin Neighborhood Advisory Council meeting organized by the direct patrol officers to be held on January 19. He also reported that an old military vehicle was stuck in the surf on the Island, and he asked the city to remove it as soon as possible since ii was a safety hazard. He said he had spoken about the issue with Assistant City Manager Margie Rose, who suggested placing some type of warning signage on the structure until it was removed. He also stated that the city should not have to pay for removing the vehicle, asked staff to seek reimbursement from the military or whatever entity He said six or seven companies bid for the items, and the city was required by law to award to the lowest bidder. Consequently, staff could not recommend award to one companywas responsible for placing it there. Mr Marez announced that as a State employee, he was prohibited from accepting compensation for his service as a Council member. He had decided, however, to donate his monthly salary to a local non-profit organization(s). He asked any interested parties to contact him through the City Secretary's Office. He planned to split his salary into two equal portions for disbursement. He thanked staff for researching the issue for him. Mr. Garcia asked for a status report on the neighborhood meetings regarding drainage issues in Brighton Village. City Engineer Angel Escobar answered two meetings were held, one last Friday and one last night. Both meetings were well attended by property owners and residents in the area. The majority of the individuals were in favor of the improvements, but were concerned about access to their property during the construction. He said one more meeting was scheduled tomorrow night at 6:00 p.m. Mr. Garcia also asked how the city was addressing concerns with speeding on Cimarron Boulevard. Mr. Escobar replied the city was repairing and leveling the road to repair roughness and it should be coming forward in the next two to three weeks. He said the Police department was continuing their efforts to enforce the speed limit as well. Mayor Garrett asked if the city had received a Clean Air Award. Mr. Noe responded affirmatively, saying the City was recognized for its efforts to support decreasing activity during ozone action days. Mayor Garrett also stated that citizens were reporting a problem with the traffic light cycle at Staples Street and Saratoga Boulevard. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:10 p.m. on January 17, 2006.