HomeMy WebLinkAboutMinutes City Council - 04/11/2006I 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 April 11, 2006, which were approved by
the Cit,‘ Council on April 8. 2006
WINESSE"IH M HAND AND SEAL, on this the 18th day of April, 2006.
Armando Chapa
City Secretary
SEAL.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 11, 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 Pastor Robert Lim and the Pledge of Allegiance to the
United States flag was led by Council Member Kelly.
Mayor Garrett called for approval of the minutes of the regular Council meeting of March 28,
2006. A motion was made and passed to approve the minutes as presented.
Mayor Garrett called for consideration of the consent agenda (Items 2 - 13). City Secretary
Chapa announced that Council Member Noyola was abstaining from the vote and discussion on
Item 12 There were no comments from the public.
A motion was made, seconded, and passed to approve Items 2 through 13, constituting the
consent agenda. City Secretary Chapa polled the Council for their votes as follows:
2.a. RESOLUTION NO. 026721
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $80.000 for diabetes prevention and
management services.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
2.b. ORDINANCE NO. 026722
Ordinance appropriating a grant from the Texas Department of State Health Services in the
amount of $80,000 in the No. 1066 Health Grants Fund for diabetes prevention and
management services.
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"
Minutes - Regular Council Meeting
April 11 2006 - Page 2
3.a. MOTION NO. 2006-100
Motion authorizing the City Manager or his designee to accept the Summer Food Service
Program Grant from the Texas Health and Human Services Commission to provide summer
lunches and snacks to citizens ages one to eighteen at summer youth recreation programs
throughout the community.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye".
3.b. ORDINANCE NO. 026723
Ordinance appropriating a $416,840 grant from the Texas Health and Human Services
Commission in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food
Service Program for Summer Recreation Program participants ages one to eighteen
years.
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"
3.c. RESOLUTION NO. 026724
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District to provide summer
food services for Summer Recreation.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
RESOLUTION NO. 026710
Resolution authorizing the submission of a grant application in the amount of $42,294 to the
State of Texas, Office of the Governor, Criminal Justice Division for Year 2 funding of a
Crime Scene Technician grant in the Police Department with a City match of $34,700, for
a total grant application of $76,994, and authorizing the City Manager or his designee to
apply for. accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5. ORDINANCE NO. 026725
Ordinance appropriating $21,825 of revenue from the sale of obsolete Corpus Christi Police
Department (CCPD) weapons in the No. 1020 General Fund for the purchase of CCPD
ammunition; amending the FY 2005-2006 Operating Budget adopted by Ordinance 026385
by increasing appropriations by $21,825.
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'
Minutes - Regular Council Meeting
April 11 2006 - Page 3
6.a. MOTION NO. 2006-101
Motion authorizing the City Manager or his designee to procure SafetyPAD an automated
patient tracking software application from Open, Inc., of Saint Paul, Minnesota in an amount
not to exceed $112.583.01. SafetyPAD is an automated patient tracking system specifically
designed for use by Emergency Medical Service (EMS) in the field. Not only will this
purchase improve the operations of EMS it will simultaneously serve to meet new Federal
Emergency Management Agency (FEMA) initiatives as well. This item falls under the public
safety exception to competitive bidding requirements.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6 b. MOTION NO. 2006-102
Motion authorizing the City Manager or his designee to procure sixteen Toughbook tablet
PCs from Insight Enterprises, Inc., of Tempe, Arizona in an amount not to exceed $57,664.
These tablet PCs are specifically designed for use by the EMS technicians and will be used
with SafetyPAD, an automated patient tracking system, to meet new FEMA initiatives.
Insight Enterprises Inc., is an approved Texas Catalogue Information Systems vendor.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
7 MOTION NO. 2006-103
Motion authorizing the City Manager or his designee to execute an Architectural Services
Contract with Chuck Anastos Associates, Inc., of Corpus Christi, Texas in the amount of
$30,000 for a total contract amount of $30,000 for the Water Department Buildings
Architectural Condition Survey Phase 2 (FY2005-2006).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.a. ORDINANCE NO. 026726
Ordinance appropriating $82,031 from the Unappropriated Interest Earnings from
Wastewater Capital Improvement Program Fund 3430 for the Oso Trunk Main Manhole
Replacement project; amending FY 2004-2005 Capital Budget adopted by Ordinance No.
026188 by increasing appropriations by $82,031.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and
Scott, voting "Aye'
Minutes - Regular Council Meeting
April 11 2006 - Page 4
8.b. MOTION NO. 2006-104
Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the
Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in
the amount of $82,031, for a total re -stated fee of $772,191, for the Sanitary Sewer Trunk
Main Rehabilitation Project for the Oso Trunk Main Manhole Replacements.
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. 2006-105
Motion authorizing the City Manager to execute a Deferment Agreement for half street
construction with Mostaghasi Investment Trust, (Developer), in the amount of $83,250.49
for the installation of street paving, curb, gutter and sidewalks, and storm sewer public
improvements to serve Cimarron Estates Subdivision, located south of Saratoga Boulevard
and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section IV -
Required Improvements, Subsection A.12(c).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10. ORDINANCE NO. 026727
Ordinance abandoning and vacating 4,387.50 -square foot portion of a 15 -foot wide utility
easement out of Lots 8-10 and Lots 16-18, Block 191, Padre Island No. 1 Subdivision;
subject to compliance 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"
11. ORDINANCE NO. 026728
Abandoning and vacating a 133.01 -square foot portion of the Oso Parkway public right-of-
way, out of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit
1, Phase 1; located at the intersection with Garden Court public right-of-way, approximately
520 feet south of Lens Drive; subject to compliance with the specified conditions. (First
Reading 03/28/06)
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"
Minutes - Regular Council Meeting
April 11, 2006 - Page 5
12. ORDINANCE NO. 026729
Amending Ordinance No. 021822 as amended by Ordinance No. 022351 authorizing the
United States of America (National Weather Service) the option to automatically renew its
lease with the City of Corpus Christi from year to year unless notice is provided by the United
States Government thirty days prior to the annual renewal date that it will not exercise its
renewal option (First Reading 03/28/06)
The foregoing ordinance was passed and approved on its second reading with the following
vote Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
13. ORDINANCE NO. 026730
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and
procedures for public access cablecasting. (First Reading 03/28/06)
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 referred to Item 14. and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0206-07, Mark D. Stockseth: A change of zoning from a "R-1 B" One -family
Dwelling District to a "RE" Residential Estate District. The property being 26.733 acres,
consisting of a portion of Lots 1, 2, and 3, Section 36, Flour Bluff and Encinal Farm and
Garden Tracts, located on the west side of Roscher Road and south of Ramfield Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of
a "RE" Residential Estate District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr Scott, and passed. Mr. Chapa polled the Council for their votes
as follows
14. ORDINANCE NO. 026731
Amending the Zoning Ordinance, upon application by Mark D. Stockseth, by changing the
zoning map in reference to 26.733 acres, consisting of a portion of Lots 1, 2, and 3, Section
36, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One -family Dwelling
District to "RE" Residential Estate 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 opened discussion on Item 15, and a motion was made, seconded, and
passed to open the public hearing on the following zoning case:
Minutes - Regular Council Meeting
April 11 2006 - Page 6
Case No. 0306-01, Kyle McGee: A change of zoning from a "R -1B" One -family Dwelling
District and an "A-1" Apartment House District to a "B-4" General Business District. The
property being 4.01 acres out of the southwest corner, Lot 32, Section 18, Flour Bluff and
Encinal Farm and Garden Tracts; located along Holly Road, 800 feet east of Airline Road
and 300 feet west of Woodbend Drive.
City Secretary Chapa stated the Planning Commission and staff recommended approval of
a "B-4" General Business District.
No one spoke in opposition to the zoning change. Mr. Scott 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
15. ORDINANCE NO. 026732
Amending the Zoning Ordinance, upon application by Kyle McGee by changing the zoning
map in reference to 4.01 acres out of the southwest corner, Lot 32, Section 18, Flour Bluff
and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District and "A-1"
Apartment House District to "B-4" General Business District; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Mayor Garrett referred to Item 16, and a motion was made, seconded, and passed to close
the public hearing on the following zoning case:
Case No. 0306-02, Morteza Shafinury: A change of zoning from an "A-1" Apartment Home
District to a "B-4" General Business District. The property being 3.18 acres out of a 22.04
acre tract in a deed to Cloudcroft Land Ventures and being out of Lots 9 and 10, Section 10,
Flour Bluff and Encinal Farm and Garden Tracts, located along Yorktown Road and east of
Annemasse Street
City Secretary Chapa stated the Planning Commission and staff recommended denial of a
"B-4" General Business District and, in lieu thereof, approval of a "B-1" Neighborhood Business
District
Assistant Director of Development Services Michael Gunning stated that the applicant was
requesting the change in zoning to develop a neighborhood shopping center. The property was
located at the corner of Annemasse Street and Yorktown Boulevard, just west of Cimarron
Boulevard The subject site abuts against established single-family areas on Sir Jack Street, King's
Crossing, and a church. Staff therefore recommended the denial of the "B-4" General Business
District because of the objectionable uses allowed in the "B-4" as a matter of right, including auto
sales and repairs, bars. and restaurants. Mr. Gunning stated that he spoke with the applicant prior
to the public hearings, and he had verbally agreed to the "B-1" Neighborhood Business District. He
reviewed a number of photos of the subject site.
Mayor Garrett asked for public comment. Mr. Steve Smithers, 6233 Sir Jack Street, and Mr.
Todd Freund, 6213 Sir Jack Street, spoke in favor of staff's recommendation.
Mr. Smithers asked what type of businesses the developer planned to erect on the subject
site. Mr. Gunning replied the proposed plan was for a retail center. He said Mr. Shafinury, the
Minutes - Regular Council Meeting
April 11 2006 - Page 7
applicant, spoke with a number of residents and they spoke against any second or third story units
with views into their backyards. Staff and the applicant considered the "B-1" zoning to be a
reasonable compromise. Mr. Freund pointed out that the Annemasse Street had past drainage
problems that could worsen if the area was paved over.
Mayor Garrett asked if the developer planned to erect any two-story structures. Mr. Gunning
replied that he was uncertain whether the developer planned any two-story structures. The "B-1"
zoning district had a height limitation of 35 feet, similar to the height restrictions for a single-family
residence (three stories). Based on his preliminary discussions with Mr. Shafinury, Mr. Gunning
stated that the property would probably be developed as a one-story retail center. In response to
Mayor Garrett's question, Mr. Gunning stated that a mufti -family dwelling (apartment complex) could
be built in a "B-1" zoning district, but it was unlikely because the current zoning district only allowed
for apartments or single-family dwellings
Mr Garcia asked about planned improvements for the intersection of Cimarron and
Yorktown Boulevards. City Engineer Angel Escobar replied that the city was currently advertising
for construction bids for the Cimarron and Yorktown Boulevards project. Staff hoped to commence
construction in June, when the school year was over, to facilitate the work near Mireles Elementary.
The project was scheduled for completion in February 2007. Phase 1 of the project called for traffic
signaling and limited turning lanes, Phase 2, from Yorktown Blvd. to Saratoga Blvd., called for
turning lanes to the north. Mr. Garcia asked if the project would include underground drainage to
alleviate the flooding problems in the area Mr. Escobar answered affirmatively.
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:
16. ORDINANCE NO. 026733
Amending the Zoning Ordinance, upon application by Morteza Shafinury by changing the
zoning map in reference to 3.18 acres out of a 22.04 acre tract in a deed to Cloudcroft Land
Ventures and being out of Lots 9 and 10, Section 10, Flour Bluff and Encinal Farm and
Garden Tracts, from "A-1" Apartment House District to "B-1" Neighborhood Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Mayor Garrett referred to Item 17, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0306-03, Habitat for Humanity Corpus Christi: A change of zoning from a 1R -1B"
One -family Dwelling District to a "R -1C" One -family Dwelling District. The property being
0.240 acres out of Champion Addition Lot 4, located along the west side of Winters Street,
350 feet southwest of Horne Road
City Secretary Chapa stated the Planning Commission and staff recommended approval of
a "R -1C" One -family Dwelling District.
Mayor Garrett asked for public comment. Mr. O.K. Smith, 3409 Derby, spoke in favor of the
zoning change
Minutes - Regular Council Meeting
April 11 2006 - Page 8
Mr Scott made a motion to close the public hearing, seconded by Mr. Garcia, and passed.
City Secretary Chapa polled the Council for their votes as follows:
7. ORDINANCE NO. 026734
Amending the Zoning Ordinance, upon application by Habitat for Humanity, by changing the
zoning map in reference to Champion Addition Lot 4, 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 with
the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Mayor Garrett referred to Item 18, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0206-02, Chili Pepper Properties, Inc., Gary Cadena, and Timothy Lawson: A
change in zoning from a "R -1B" One -family Dwelling District to an "A-2" Apartment House
District. The property being 11.4 acres out of West's Laguna Madre Place Tract A, Lots 1-5,
Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (replat), Laguna Madre Acres
Tracts 13 and 14, Volume 1363, Page 449, located west of Laguna Shores Road and
McNelly Street intersection and south of Glenoak Drive. (Tabled 03/21/06)
City Secretary Chapa stated the Planning Commission and staff recommended approval of
an "A-2" Apartment House District.
Mr. Chapa stated that the Council first considered this item on March 21, 2006, and decided
to table it until today. He said, however, that the applicant had submitted a letter requesting that the
Council continue to table the item until May 16, 2006.
Mr Scott stated that the Council had tabled the item on March 21 to allow the applicant and
the residents to meet regarding their issues. He said he found out yesterday that the parties had
not met, to his disappointment. He understood, however, that the parties had agreed to meet after
today's meeting. Mr Scott said he would support the motion to table the item again if needed.
Mr Garcia strongly encouraged the parties to meet and discuss their differences. He was
led to believe initially that one party was not willing to speak with the other party, but Mr. Scott told
him that this was not the case. If the parties were not willing to talk to each other, then Mr. Garcia
did not see the purpose in tabling the item. Mayor Garrett agreed with Mr. Garcia. Mr. Scott
understood that the applicant had attempted to contact the residents' representative, but his call was
not returned
Mr Gunning added that prior to the Council's decision to table in March, he said the
neighborhood association and the developers met in his office. While there was no resolution at
that time. the applicant indicated that he was willing to accept "A-1" zoning rather than "A-2" zoning.
The neighborhood representatives, however, expressed a desire to have the area developed as
single-family residences. He understood that the applicant attempted to coordinate a second
meeting before today's hearing, but did not know whether it had occurred.
Mr Scott understood that the applicant had made changes to his request as a result of the
meeting. but did not know whether they would be acceptable since the parties had not met. He
asked the applicant to explain further.
Minutes - Regular Council Meeting
April 11 2006 - Page 9
Mr Paul Lozuk. representing the applicant, stated that during the first meeting held with Mr.
Gunning, the residents expressed concerns regarding infrastructure, drainage issues, and the types
of improvements allowed under the zoning change being requested. He said the applicant had
agreed to develop an alternative plan(s). Since the meeting, he said an architect had been working
on drawing plans to see whether the building's orientation could be changed. He noted, however,
that the applicant was drawing the plans without knowing what type of infrastructure was needed
to support the development. Mr. Lozuk said the plans they obtained were not available until right
before the March public hearing. Since that time, he and the developer had been out-of-town for
brief periods. Although calls were made to Ms. Norma Marshall, a resident representative, he said
they were not able to meet before today's public hearing. He apologized for the delay. He said Mr.
Scott Corliss and Ms. Norma Marshall, resident representatives, had agreed to meet with the
developers today to discuss the new plans.
Mr Scott Corliss stated that the neighborhood had many concerns about the proposed
project that were being heightened by the lack of communication between the parties. The
neighborhood opposed to any high-density development in their area because of traffic and run-off
issues. Mr Corliss stated that Ms. Marshall had no record of any messages from Mr. Corliss about
meeting. He asked the Council to deny the applicant's request if the parties could not come to a
resolution after today's meeting.
Mayor Garrett asked that if tabling the item for two more weeks would help the parties come
to an agreement. Mr Corliss stated that the residents preferred to table the item until May 16. Mr.
Scott made a motion to table the item until May 16, seconded by Mr. Kelly, and passed.
18. TABLED UNTIL MAY 16, 2006
Tract A, Lots 1 5, Tract B, Lots 1 and 4 8, Tract C, Lots 1 6 and 8 11, Tract 15 (Replat),
The Council emphasized that they would not consider another request to table this item. A
motion was made, seconded, and passed to close the public hearing.
*************
Mayor Garrett referred to Item 19.a., and a motion was made, seconded, and passed to
open the public hearing on the following zoning ordinance amendment:
19.a. Public hearing to consider amending the zoning ordinance to provide for more uniform
regulation of height, size, and number of sign and signage, by revising Article 11. "AB"
Professional Office District Regulations; Article 12. "B-1" Neighborhood Business District
Regulations: Article 12a. "B -1A" Neighborhood Business Regulations; Article 15. "B-3"
Business District Regulations; Article 16. "B-4" General Business District Regulations; Article
17 "B-5" Primary Business District Regulations; Article 20. "1-2" Light -Industrial District
Regulations; Article 21. "1-3" Heavy Industrial District Regulations; and Article 33. Permits,
Plats and Filing Fees; providing for an effective date.
Director of Development Services Barbara Holly stated that in October 2006, the City
Council approved a 180 -day moratorium on the issuance of signage permits on Saratoga Boulevard.
Minutes - Regular Council Meeting
April 11 2006 - Page 10
With broad-based support from the community, she said staff was presenting an emergency
ordinance today to limit the unlimited signage provisions currently allowed within the zoning
ordinance
Ms Holly provided a list of the Ad -Hoc Sign Committee charged with reviewing the current
signage requirements in the zoning ordinance and making recommendations. The membership
ncluded three Planning Commissioners, Bryan Stone, Javier Huerta, and Michael Pusley, as well
as eleven citizen members from various business, signage, and community sectors.
Ms. Holly stated after three meetings, the Ad -Hoc Sign Committee reached a consensus on
eliminating the unlimited signage provision of the zoning ordinance and establishing standards
based on street classifications. She explained that the existing sign regulations were based on
zoning classification_ If a business owner wished to increase the size of their signage, for example,
he or she would request a zoning change to a more intense zoning classification. Currently,
unlimited signs were permitted in business and industrial zoning districts. She said the proposed
sign ordinance would prohibit unlimited signage in the city.
Ms. Holly stated that the proposed sign ordinance based the signage allowance upon the
size and classification of the street next to the businesses. For a single tenant free standing sign,
for example, the ordinance allowed for one sign per street frontage/driveway access or one
freestanding sign per separate building. On an expressway or freeway, the sign was permitted to
be 350 square feet and 65 feet high Signs along arterials were permitted to be 200 square feet and
40 feet high. On collectors, signs were permitted to be a maximum of 64 square feet and 20 feet
high. In addition. the ordinance provided that the square footage for wall signs could not exceed
25 percent of the building square footage for each elevation.
Ms_ Holly discussed the regulations for a multi -tenant (three or more tenants) free standing
sign, also based on street classification. One sign per street frontage or per lot was allowed, but
if the street was an expressway, then the sign square footage was 65 ft. high and a maximum of 650
square -feet. Signage on arterials, on the other hand, was allowed to be a maximum of 50 feet high
and 500 square -feet in area. Ms. Holly also discussed the multi -tenant provisions for additional
freestanding signage for a building greater than 25,000 square -feet, and wall signage. Finally, she
pointed out that special signage requirements were developed for fueling stations and for new
auto/truck sales and service establishments.
Ms. Holly stated that certain types of signs were exempt from the sign ordinance provisions.
On -premise directional signs for entrance and exit, menu boards, and directory boards were not
regulated as to the sign area, number and height calculations.
Ms. Holly reported that the Ad -Hoc Committee felt that certain arterial street sections in the
city needed more protection from sign proliferation; thus, specific streets would be regulated as
collector street sections. She provided a list of the sections of north to south arterials with maps as
follows: McKinzie Rd., Rand Morgan Rd., Greenwood Rd., Weber Road, Everhart Rd., Airline Rd.,
Cimarron Rd., and Waldron Road. Section of the east to west arterials were as follows: Ocean Dr.,
Alameda Street, Horne Rd., Gollihar Rd , McArdle Rd., Holly Rd., Williams Drive, and Yorktown
Boulevard.
In conclusion, Ms. Holly recommended that the Council adopt the proposed sign ordinance
on an emergency reading because the 180 -day moratorium, beginning on October 18, would end
on April 16. She thanked Michael Gunning, Faryce Goode -Macon, Sylvia Arispe, and other
Development Services staff for their efforts on this project.
Ms. Cooper made a motion to open the public hearing on Item 19, seconded by Mr. Scott,
and passed. There were no comments from the audience. Mr. Garcia made a motion to close the
Minutes - Regular Council Meeting
April 11 2006 - Page 11
public hearing, which was seconded and passed.
Mr Kelly asked why Northwest Boulevard was not included among the arterial streets
granted special protection from sign proliferation. Ms. HoIIy replied that the streets selected for
special protection were chosen based on existing or expected development patterns. Those areas
considered primarily residential or less of a general business area were protected by reducing the
sign size, number, and height provisions. Mr. Gunning added that Northwest Boulevard was not
originally included in the group of streets considered, but they recognized that segments of
Northwest Boulevard were more residential in nature, especially along the north side. Based on the
existing commercial development, however, it was decided to exclude Northwest Boulevard from
the list. He said the Council could add Northwest Boulevard to the list of protected streets if desired.
Mr Kelly made a motion to amend the ordinance to include Northwest Boulevard from C.R.
69 west to the city limits. away from Five Points; seconded by Ms. Cooper. Mr. Garcia stated that
it was uncertain how this area of Northwest Boulevard would ultimately be developed. He
expressed concern that in the future, the city would be tying the developers' hands if that area was
commercially developed. He asked if the city had the ability to amend the ordinance in the event
that this occurred. Ms. HoIIy answered affirmatively, saying the type of future development could
go either way.
Ms Camm Dougherty, 2206 Mercury, stated that she served on the Ad -Hoc Sign
Committee. She took exception to Mr. Kelly's proposed amendment because she felt it was
excessively restrictive to businesses. She felt that F.M. 624 and Northwest Boulevard would be
classified as arterials with primarily commercial development. Mr. Kelly replied that Northwest
Boulevard was the main street in the area, and he felt it deserved the enhanced protection that other
key streets in the city were getting Once the residential development was established, he said
neighborhood businesses would be developed to service the residents, and did not require an
arterial's enhanced signage provisions
Mr Chesney stated that today's proposed sign ordinance was the product of hours of
discussion and consensus building by the committee. While he felt Mr. Kelly's concerns were valid,
he did not feel comfortable with approving Mr. Kelly's amendment without first running it through the
committee process. Ms. HoIIy reminded the Council that the moratorium was scheduled to end on
April 16 She proposed that the Council pass the ordinance as presented today, and then the group
would reconsider the Northwest Boulevard issue and provide a recommendation within 30 days.
Mr. Garcia and Mr. Scott spoke in support of Ms. Holly's suggestion, saying it would give Mr. Kelly
an opportunity to speak with his constituents about the matter.
Mr. Kelly withdrew his motion to amend. City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
April 11 2006 - Page 12
19.b. ORDINANCE NO. 026735
Ordinance amending the Zoning Ordinance to provide for more uniform regulation of height,
size, and number of sign and signage, by revising Article 11. "AB" Professional Office
District Regulations: Article 12. "B-1" Neighborhood Business District Regulations; Article
12a. "B -1A" Neighborhood Business Regulations; Article 15. "B-3" Business District
Regulations; Article 16. "B-4" General Business District Regulations; Article 17. "B-5"
Primary Business District Regulations; Article 20. "1-2" Light -Industrial District Regulations;
Article 21. "1-3" Heavy Industrial District Regulations; and Article 33. Permits, Plats and Filing
Fees; providing for an effective date.
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 20, a request by five petitioners to repeal two
ordinances related to the beach closure to vehicular traffic along Packery Channel. Item 20.a. called
for the repeal of Ordinance No. 026716 regarding the traffic provisions of the beach closure; Item
20.b. called for the repeal of the penultimate paragraph of Ordinance No. 026717 regarding the
charter amendment provisions. City Secretary Chapa explained that the citizens were initiating the
referendum proceedings in the City Charter to repeal the ordinances, but Legal staff had determined
that Ordinance No. 026717 could not be repealed through the City Charter's referendum process.
Mayor Garrett called for public comment. Mr. Bill Kopecky, 3609 Topeka, stated that his
group had prepared its own charter amendment for which they would begin seeking signatures in
support. He asked the Council to reconsider and rescind Ordinance No. 026717, otherwise, there
could be two competing charter amendments on the ballot.
Mr Abel Alonzo spoke against any effort to run the city "by referendum". He asked the city
to strengthen their public education efforts so citizens would understand that the beach would only
be closed to vehicular traffic.
Mr Johnny French, 4417 Carlton, asked the Council to reconsider and rescind both
ordinances
Mr. Marez asked City Attorney Fischer to explain her interpretation regarding the charter
amendment petition. City Attorney Fischer stated that Art. 1, Sec. 4(b) of the City Charter stated that
the powers of initiative and referendum provided for in the Charter would not apply when another
referendum procedure was available under State law. Since the Texas Local Government Code
provided another procedure to petition a proposed Charter amendment, the City's referendum
process was moot. Under Section 9 of the Local Government Code, Ms. Fischer stated the group
was required to create a separate charter amendment and petition.
Mr. Noyola asked if the city were to change the language in the next to last paragraph of its
Charter amendment, would the coalition continue with the petition process. Mr. Kopecky replied that
the coalition preferred to submit a petition because it would prohibit the city from making any
changes to the ordinance or from canceling the election. He said the Local Government Code
provided 180 days for the group to obtain signatures. He stated that the group could manipulate
the election date depending on when they submitted the petition.
Mr Noyola said he had committed to a Charter Amendment prohibiting beach closures
Minutes - Regular Council Meeting
April 11 2006 - Page 13
without voter approval. He spoke against rescinding the city's Charter Amendment.
Mr Noyola asked if the proposed trolley between the parking lots to the seawall would be
free. City Manager Noe replied that it was uncertain whether there would be a charge for the trolley.
The current ordinance simply required a dialogue on the subject between the City, the Regional
Transportation Authority, and the resort project developer.
Mr Noyola stated that a constituent had contacted him and spoken against any fees for the
trolley service. Mr. Noyola wanted a guarantee that the trolley service would be provided free of
charge, so he asked if the ordinance could be amended to reflect this. Mr. Kinnison questioned how
the city could guarantee that the trolley service would be free, noting that the city had not committed
any funding to the project. Mr. Scott noted that the deliberations between the parties had a long way
to go, and it would be difficult to determine the outcome now. City Manager Noe added that the
ordinance provided that the Council would have to approve any changes before they were enacted.
Mr. Noyola reiterated that he did not want the tram service to charge a fee.
Mr Kinnison asked for the referendum process timeline for the traffic ordinance. City
Attorney Fischer and City Secretary Chapa stated that if petitioners submitted the petition pages
within 60 days from tomorrow, when they would be handed the pages, the election date would be
on November 7 If they submitted the petition between 60 and 90 days, the election date would be
on April 7
Mr Kinnison asked for the referendum process timeline on the Charter amendment
ordinance City Attorney Fischer responded that there was no specific deadline, but the signatures
were only good for 180 days. Mr. Kinnison asked if the coalition submitted the petition on
September 1, when would the election be called. City Secretary Chapa replied that the election
would be held in April. In response to Mr. Kinnison's question, Mr, Chapa stated that the Council
could call an election a minimum of 62 days before the date, but staff was requesting 75 days to
complete the submission. Mr. Kinnison noted that if the coalition wanted a November election, they
would need to submit the petition in early August.
Mr Kinnison noted that the city's proposed Charter Amendment was set for an April 7
election date. If the Coalition turned in their Charter Amendment petition in time for a November
election. Mr. Kinnison asked if the city could move their proposed Charter Amendment date to
November as well. City Secretary Chapa and City Attorney Fischer answered affirmatively.
In response to Mr. Kinnison s question, City Attorney Fischer replied that the Chapter 10 of
the City Code of Ordinances allowed the city manager and police chief to address public safety
issues immediately, but on a temporary basis only. Mr. Kinnison asked if the Council had the
authority to address public safety issues without being limited by the proposed Charter Amendment.
Ms. Fischer replied that the Council could direct the city manager to make changes to the speed
limit with regard to public safety concerns surrounding speed limit, traffic regulation, and the like,
with GLO approval.
The Council took no action on Items 20.a. and 20.b.
Mayor Garrett opened discussion on Items 21.a. through 21.d. regarding the Traffic
Congestion Management Project at Airline Road Northbound Right -Turn Lane at SH 358 Eastbound
Frontage Road. City Engineer Angel Escobar explained that Item 21.a. executed a Developer Cost
Share Agreement with SDI Realty in the amount of $36,926.65 for the construction of the right -turn
lane on Airline Road and S.P.I.D. Item 21.b. amended the agreement to allow the city to put the
Minutes - Regular Council Meeting
April 11 2006 - Page 14
remaining portion of the work, at a cost of approximately $13,925.65, into escrow for up to five
years. The funds would be deposited into an infrastructure fund. Item 21.d. provided for the
execution of Change Order No. 4, allowing for the construction contract to be issued for the project.
Mr Escobar stated that since the Council last considered the case on June 28, 2005, staff
had negotiated an agreement and an amended agreement with SDI Realty on the proposed work.
He said the proposed work consisted of the following aspects: materials and installation of
delineators/curb along the right turn lane. materials and installation of delineators along the double
yellow center line separating traffic; and a new traffic island at the intersection of Airline Road and
S.H. 358 to address the traffic safety issues from the driveway approaches onto Airline Road. Upon
further review, however. staff determined that the delineators along the double yellow centerline
were not warranted at this time, and would be deferred to review the need for additional access
management measures. Therefore, staff proposed that the Developer's share for the cost of the
delineators required for the double yellow centerline be escrowed in an interest bearing account for
five (5) years. If conditions warranted the installation, businesses in the area would be notified, the
escrow monies would be used, and additional Council approval would be required prior to
installation
Mr. Garcia asked questions about the reconfiguration of Airline Road. Under staffs current
recommendations, the westside of Airline Road would not be impacted by the traffic management
plan at this time. If the westside needed to be reconfigured in the future, then it would require
Council approval
Mr Scott asked staff to provide a report on the traffic Tight signalization at Williams and
Airline. He had heard that the traffic stacked up at this intersection during the rush hour.
Mr Kinnison asked questions about the turning movement studies performed along Airline
Road. He asked how long the city was going to monitor the area. Mr. Escobar answered that traffic
engineering performed an annual survey of the site, unless the number of reported accidents
increased significantly. Mr. Massey added that the Police department and the Transportation
Advisory Committee reviewed the accident count on a monthly basis as well. Mr. Kinnison noted
that making a left turn onto Airline from the Circle K driveways was unsafe, so he asked staff to
monitor the situation carefully.
Mayor Garrett asked for public comment. Mr. Abel Alonzo thanked Engineering for their
efforts, and noted that the intersection of Williams Drive and Airline Road. He commented that this
project was funded with Bond 2004 proceeds. City Secretary Chapa polled the Council for their
votes as follows:
21.a. MOTION NO. 2006-106
Motion authorizing the City Manager or his designee to execute a Developer Cost Share
Agreement with SDI Realty of Houston, Texas, in the amount of $36,925.65 for the
construction of the Traffic Congestion Management Project at Airline Road Northbound
Right -Turn Lane at SH 358 Eastbound Frontage Road for the Developer's share of access
management improvements. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent.
Minutes - Regular Council Meeting
April 11 2006 - Page 15
21.b. MOTION NO. 2006-107
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Developer Cost Share Agreement with SDI Realty of Houston, Texas, for construction of the
Traffic Congestion Management Project at Airline Road Northbound Right -Turn Lane at SH
358 Eastbound Frontage Road (BOND ISSUE 2004) to provide for the escrow of funds
pertaining to the installation of traffic delineators along the double yellow center line of Airline
Road until determination of need is established or a period of five years has expired.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent.
21.c. ORDINANCE NO. 026736
Ordinance accepting a payment in the amount of $36,925.65 from SDI Realty and
appropriating $23,000 in the No. 3530 Street Capital Improvement Program Fund and
$13,925.65 in the No. 4730 Infrastructure Fund for the developers share of construction of
the Traffic Congestion Management Project at Airline Road northbound right -turn lane at SH
358 eastbound frontage road (BOND ISSUE 2004); amending FY 2004-2005 Capital Budget
adopted by Ordinance No. 026188 by increasing appropriations by $23,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye"; Noyola was absent
21.d. MOTION NO. 2006-108
Motion authorizing the City Manager or his designee to execute Change Order No. 4 to a
construction contract with King Isles, Inc. of Corpus Christi, Texas, in the amount of
$188,245.35 for construction of the Traffic Congestion Management Project at Airline Road
Northbound Right -Turn Lane at SH 358 Eastbound Frontage Road (BOND ISSUE 2004).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent.
Mayor Garrett opened discussion on Item 22 regarding the Leopard Street Roadside Safety
Improvements Project, Phase 1 City Engineer Angel Escobar reported Item 22.a. awarded the
construction contract for the project to Reese Contracting, Inc. The project was funded through two
funding sources, Bond 2000 proceeds and the Council -approved Storm Water Capital Improvement
program The construction would extend from Warpath Street to Rolling Acres Drive (north side
only), providing an underground drainage system that would eliminate the existing ditches ending
at Turkey Creek Once the underground pipe was installed, the city would install pedestrian
sidewalks along the area, using Bond 2000 Sidewalk Improvement program funds. Finally, Mr.
Escobar explained that Item 22.b. was a contract for construction inspection services awarded to
Goldston Engineering for $72,000
Mr Kelly commented that the Tuloso-Midway Middle School had been waiting for the
sidewalk improvements for a long time. Due to the lack of a sidewalk, children walking out of the
Rolling Acres subdivision to school had been walking on the shoulder of Leopard Street. He stated
that a number of County Commissioners were considering contributing county monies to the project.
He asked if it was possible to expand the project to Rand Morgan with the additional funding
source. Mr Escobar answered affirmatively, saying the city could bid for a separate contract to
Minutes - Regular Council Meeting
April 11 2006 - Page 16
complete the work. Mr. Massey noted, however, that the project involved extensive utility work, so
funding for the sidewalk only would be insufficient.
Mr Kelly stated that the city's original estimates for sidewalk improvements from Rand
Morgan to Rayfield totaled $20 million. He asked if the estimates were still accurate. Mr. Escobar
replied negatively. saying prices have increased 20 to 25 percent over past estimates in the last two
years.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
22.a. MOTION NO. 2006-109
Motion authorizing the City Manager or his designee to execute a construction contract with
Reese Contracting. Inc., of Corpus Christi, Texas in the amount of $1,050,000.50 for the
Leopard Street Roadside Safety Improvements, Phase 1.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
22.b. MOTION NO. 2006-110
Motion authorizing the City Manager or his designee to execute Amendment No. 4 with
Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $72,000 for a total re-
stated fee of $191,920 for construction inspection services for the Leopard Street Roadside
Safety Improvements, Phase 1
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 referred to the presentations on the day's agenda. The first presentation was
Item 23. a second-quarter report on the Health Benefits/Risk Management fund. Director of Human
Resources Cynthia Garcia began with the Health Benefits fund, and reported that the number of
claims filed by plan on a monthly basis had increased slightly from 5,966 last year to 5,990.
Ms Garcia reported that the dollars paid by plan including prescriptions indicated that the
costs were rising. The average monthly payment for claims this quarter was $1,562,000, increasing
from $1 278,000 last year.
Ms Garcia reported that the cost per claim was an average of $259.57, compared with last
year's cost of $214.
Ms Garcia referred to a chart comparing the claims numbers with the costs per plan. She
noted that the number of claims in the Citicare plan decreased by 2.95 percent, and increased in
terms of dollars paid by 7.35 percent. Citicare Fire increased the number of claims by 8.75 percent
and increased the number of dollars paid by 90.08 percent. Citicare Police decreased the number
of claims by 16.81 percent and decreased the number of claims by 9.67 percent. Citicare Basic
increased the number of claims by 31.13 percent, and increased the dollars paid by 109.84 percent.
Ms. Garcia explained that as the Citicare premiums increase, more individuals were switching to
Citicare Basic. Finally, she stated the Pharmacy claims costs increased by 3.51 percent, and the
dollars paid increased by 13.43 percent.
Minutes - Regular Council Meeting
April 11 2006 - Page 17
Ms. Garcia reported that the city's actuary provided preliminary information regarding the
status of the health plans next year. The actuary predicted an increase would be necessary in
Citicare next year to continue to operate in the black; the amount of the increase would depend on
the plan structure. In addition, she said staff was sending data to the actuary for an analysis of
small increases in co -pays. restructuring of the benefits, increases and decreases in deductibles,
and the inclusion of wellness benefits. She said staff had held preliminary discussions with the Fire
and Police unions regarding their plans.
Regarding the Workers' Compensation fund, Ms. Garcia reported that 503 claims were filed
within the first two quarters of this fiscal year, compared to 480 claims for the same period last year.
The incurred cost number through the second quarter was $707,974, compared with $565,031.
Ms Garcia referred to a graph depicting the dollars paid in current year for prior years'
claims. The total amount was $914,840.
Ms. Garcia referred to a graph depicting the year-to-date claims count comparison by
department. She said Police had increased by eight claims; Solid Waste increased by 16 claims;
and Water department had increased by nine claims. The following departments with decreased
claims in the second quarter were as follows: Fire, Parks, Wastewater, Streets, and All Other. The
Gas department claims were the same compared to last year.
Ms Garcia referred to a graph depicting the year-to-date incurred cost comparison, which
showed an increase of $142,943. The Solid Waste department increased by $110,191. Police,
Fire, Water, Gas, and the All Other categories also had increases. Parks, Wastewater, and Street
departments decreased costs.
Ms. Garcia referred to a graph depicting the year-to-date claims count by type of injury
(period ended January 31). She said strains, contusions, lacerations, and sprains were the most
common injuries Two new categories being tracked were multiple physical injuries and injuries or
damage caused by glasses, contacts, and or artificial appliances.
Ms. Garcia reported that general liability claims had decreased by 33 claims in the second
quarter The dollars paid in the current year for previous years' claims were $430,169.
Finally, Ms. Garcia reported on types of claims for the period ended January 31. She noted
that vehicle damage claims continued to be the largest number of claims filed, but had decreased
by 18 claims this quarter. Overall, she said claims filed had decreased this quarter by 33 claims.
Ms. Garcia referred to a quarterly report the Council had received discussed a claim filed in the
second quarter for over $1 million. She said the claim was close to settlement, and the reserves
had been reduced to $50.000.
Mayor Garrett called for petitions from the audience. Sean Michael Hazuda with Metro
Ministries stated that the Council had approved $250,000 in FY 2005 CDBG/HOME funds for the
McArdle Road facility, and Metro Ministries was also requesting $225,000 in FY 2006 CDBG/HOME
funds for the same project. Due to the recent public outcry against the McArdle location, however,
Metro Ministries canceled that project. Consequently, he said next week, Metro Ministries would be
requesting the reallocation of FY 2005 CDBG/HOME funds and the re -designation of the FY 2006
request for the 1906 Leopard Street facility renovation. He said the total project cost was
approximately $500.000 to $600,000. He invited the Council to visit the Leopard Street facility.
Minutes - Regular Council Meeting
April 11 2006 - Page 18
The Council spoke in support of the Metro Ministries' mission. Mr. Scott offered staff
assistance in finding an alternate location for the McArdle project. City Manager Noe confirmed that
staff had offered their assistance to the group at a meeting yesterday. Mr. Marez suggested that
Metro Ministries involve the community more in their next venture. Mr. Kelly lauded Metro Ministries'
efforts to inform the public about their Leopard Street project.
Mr Gabe Lozano Jr spoke against the termination of a number of city employees at the Oso
and Gabe Lozano Golf Courses.
The following individuals spoke in defense of the residents who opposed the Metro
Ministries' McArdle Road facility, saying that the Council seemed to be questioning their integrity and
honesty: Roland Garza; Rita Martinez; an unidentified woman; and Maria Garza.. Mayor Garrett
strongly refuted Mr. Garza's contention In response to Ms. Martinez's comments, Mr. Garcia stated
that the city was working on an ordinance designating the appropriate areas for shelters in the city.
Mr Brian Martinez asked why the Council thought every resident in the 78415 zip code was
poor. Mr Noyola explained that the 78415 area was federally designated as a low-income area
based on demographics and crime statistics; the city did not make this designation.
Mr J.E. O'Brien, 4130 Pompano. spoke regarding the General Fund balance, noting that
the CAFR and the second-quarter budget report seemed to provide different figures. He also
expressed concerns about overtaxation
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows
25. Executive session under Texas Government Code Section 551.071 regarding In re: Tomas
Duran, Debtor, Bankruptcy No. 04-21514-0-7, including all related Adversary Proceedings
and removed state court action pending as Adversary No. 04-2143-C, City of Corpus Christi
v. Entrust, Inc. Tomas Duran. and Duran Insurance Brokerage (formerly Cause No. 04-
3928-G, City of Corpus Christi v. Entrust, Inc. Et al, in the 319th Judicial District Court of
Nueces County, Texas), and also regarding Cause No. C-04-500, Tomas Duran v. City of
Corpus Christi, David Garcia, Donna James, Lee Dumbauld, George Noe, Keith McNeely
and McGriff, Seibels, and Williams, Inc., in the United States District Court for the Southern
District of Texas, Corpus Christi Division, with possible discussion and action related thereto
in open session.
26. Executive session under Texas Government Code Section 551.071 regarding Cause No.
C-05-280, Eric Gonzales vs. City of Corpus Christi, et al, in the United States District Court
for the Southern District of Texas, with possible discussion and action related thereto in
open session.
27. Executive session under Texas Government Code Section 551.071 regarding permitting
issues related to the MS4 Permit Renewal, with possible discussion and action related
thereto in open session
28. Executive session under Texas Government Code Section 551.087 for deliberations
regarding economic development negotiations, with possible discussion and action related
thereto in open session.
Minutes - Regular Council Meeting
April 11 2006 - Page 19
The Council went into executive session. The Council returned from executive session and
the following motions were passed with the following vote:
26. MOTION NO. 2006-111
Motion authorizing the City Manager to employ the law firms of Donnell, Abernethy &
Kieschneck, and Hermansen, McKibben, Woosley & Villarreal, L.L.P., to provide legal
representation in Cause No. C-05-280, Eric Gonzales v. City of Corpus Christi et al, at an
hourly rate not exceeding $200, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
27. MOTION NO. 2006-112
Motion authorizing the City Manager to execute an amendment to the legal services
agreement with Martin Rochelle of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C.
to represent the City in the City's application for a TCEQ Texas Pollutant Discharge
Elimination System storm water permit, which includes its subcontract with Alan Plummer
and Associates, Inc., subject to certification of funds.
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 recognized a citizen who requested a funding increase for the Museum of
Asian Cultures. City Manager Noe offered to let the Council review the Museum's funding proposal
for hotel tax funding when they submitted it in May.
Mayor Garrett referred to Item 24, a presentation item regarding the status of the
Development Services processes and procedures. The presentation was comprised of four parts
as follows: Part 1 - Parallel Performance Improvement efforts (Processing System Improvement
Plan and Unified Development Code); Part 2 - Near -Term Processing Improvements; Part 3 - Other
On -Going Short -Term Regulatory Updates; and Part 4 - Factors for Successful Implementation.
Assistant City Manager Margie Rose discussed the three phases of success in the
development as follows: Phase 1 - improvement strategies and action plan (completed); Phase 2
- system operational design (nearing completion); and Phase 3 - piloting and short-term
implementation (starting soon).
Mr George Arimes with Horizon Centre, the city's consultant, discussed the near-term
processing improvements He discussed the creation of two staff design teams, the counter -based
design team and the submittal -based design team. The counter -based design team designed
processes and project management for simple project types. The submittal -based design team
designed process and project management for complex project types that require multiple discipline
reviews and public hearings (e.g. platting and infrastructure improvements).
Mr Arimes stated that the two design teams were expected to complete five "deliverables"
in the next three months. The deliverables were expected to complete the Phase 2 design effort
and move the project into the Phase 3 testing and implementation. He discussed the five
Minutes - Regular Council Meeting
April 11 2006 - Page 20
deliverables as follows: 1 — system operational design; 2 — data assessment and conversion
strategy: 3 — performance measurement program; 4 — regulatory framework assessment; and 5 —
cost -of -service study and fee analysis
Mr Arimes discussed the three initial implementation phases scheduled from April to June
2006 as follows: Phase #1 — consistent entry point and counter -based early assistance (early to
mid-May 2006); Phase #2 - counter -based management project management (late May 2006); and
Phase 3 — piloting program kick-off for submittal -based project management (early June 2006).
Assistant City Manager Ron Massey provided an ongoing short-term regulatory update on
utility master plans
Finally, Assistant City Manager Rose discussed the factors for successful implementation
of the improvements.
Mr Scott asked the Development Services Advisory Group Chairman Lon Hipp to comment
on the Development Services department's progress on implementing a one-stop shop. Mr. Hipp
said that he understood that the one-stop shop would allow a developer to go to one place for all
their permitting and platting needs. He said, however, that the plan had not developed exactly this
way. He said the Development Services processes dealing with permitting and electrical/plumbing
inspections had improved dramatically. In contrast, the platting process, which involved the
Development Services and Engineering departments and operated under two different city
managers, was not working well. He said this structure was not consistent with a one -shop stop.
In his opinion, the platting process needed much more improvement. Otherwise, he said the plan
seemed to be going in the right direction He emphasized the need for a predictable and consistent
process.
Mr. Scott asked Mr. Arimes to respond to Mr. Hipp's comments. Mr. Arimes replied that the
platting process was the most complex process in Development Services because many
departments were involved in resolving issues. He said problems could occur when it isn't clear
who was in charge of the team. He also stated that the work group in charge of platting relied
heavily on data, historical files, master plans, and legislative documents, which are often out-of-date.
Consequently, even if the Development Services Director was empowered over the services, the
process still had to rely on the utility and engineering departments for information. He said the
dependency on these departments for data would disappear once the Development Services
department was able to automate data resources and update master plans. Thus, he said the focus
was to implement the project manager/team structure, define the process to make it more
consistent. and update the plans and data
Mr. Arimes stated that the initial goal of the one-stop shop was to have everyone necessary
to the process housed in the Development Services building. However due to space and practical
limitations, he said the plan was to restructure the Development Services department to train
individuals on obtaining needed information without going to other departments.
Mr. Scott stated that if the problem was that the master plans were out of date, then he
asked staff to update them as soon as possible. City Manager Noe replied that the Water, Storm
Water and Wastewater master plans were being updated and would probably be completed by the
end of the year. Mr. Scott expressed concern that the master plans had not been updated sooner.
He also said the development community felt that the Development Services department needed
more power to deal with platting issues because they felt the Engineering and Utilities departments
were delaying the platting process Mr. Arimes replied that within the next three months, a project
manager and team would be assigned to complex projects, and the developer would deal with the
project manager for problem resolution If team members did not agree, it was the project
Minutes - Regular Council Meeting
April 11 2006 - Page 21
manager's job to resolve issues.
Mr Scott asked questions about the updates to the Storm Water master plan, saying he
would like to see it completed in a year.
Mr Chesney stated that based on the presentation, he did not see the Development
Services department becoming a "one-stop shop". He said the process was not working because
two crucial departments reported to two different assistant city managers. He felt the city was no
closer to achieving a one-stop shop than when the process was initiated. He felt restructuring the
Development Services department to incorporate Engineering Services would address the lack of
coordination. He asked staff how the city could actually create a one-stop shop.
Mr Noe replied that to his knowledge, no city in the country had a one-stop shop that
housed every entity involved in the development process. Mr. Chesney stated that the Council had
been asking for a true one-stop shop for five years because that was what they wanted to see. Mr.
Noe replied that most communities had created one place where developers could go to one person
to resolve their issues. He said it didn't mean, however, that only one department would be involved
in the process. In his opinion, the overlap between Engineering and Development Services and two
assistant city managers were not the issues. He felt part of the solution was to have master plans
that could be implemented by the Development Services center and to implement the current
process Mr. Chesney expressed concern that Mr. Noe was resisting the need to restructure the
departments to truly create a one-stop shop as requested by Council. Mr. Noe replied that if he
thought that restructuring the Development Service department would solve the problems, he would
have done so. In his opinion, Mr. Chesney was oversimplifying the process. Mr. Chesney replied
that if the Council redefined the meaning of a one-stop shop as he understood it, then he would drop
the issue but he felt this was not the case.
Discussion ensued over how a one-stop shop concept was defined. Mayor Garrett stated
that the development community wanted a timely, consistent process, as he understood it. Mr.
Noyola stated that the development community was promised a one-stop shop, and if the project
manager -team system could provide an efficient process in most cases, then he was willing to use
Mr Garcia stated that he had submitted a memo to City Manager Noe regarding the
development community's concerns about the Development Services process. In his opinion, he
felt the development community needed to have a chain of command to contact regarding the status
of a project. He was willing to see if the project manager/team approach would address the
outstanding issues. He disagreed with other aspects of Mr. Arimes' presentation, however, and he
said he would discuss them with him next week. He asked Mr. Arimes to read his memo, and see
if he could address some of the concerns in his presentation. Mr. Arimes replied that he had read
Mr. Garcia's memo, and he thought that all the issues raised in the memo would be addressed
through the proposed process.
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Mayor Garrett called for the City Manager's report. City Manager Noe stated that the city's
Annual Report was distributed in the newspaper recently. If the Council wanted extra copies, they
could request them from the Public Information office.
Mr. Noe reported that a public meeting would be held on Monday at Grant Middle School,
6:00 p.m regarding TxDOT's proposed Hike and Bike Trail project along the Schanen Ditch.
Mr Noe stated that American Eagle had added extra flights to the city's airport, and the city
Minutes - Regular Council Meeting
April 11 2006 - Page 22
was excited about it.
Mr Noe stated that the following items were scheduled for consideration at next Tuesday's
Council meeting CDBG hearing process and revisions to the tax abatement guidelines and
policies
Mayor Garrett called for Council concerns and reports. Mr. Marez asked Mr. Noe to increase
police patrols on the 4200 block of McArdle because of recurrent noise problems at a local bar. He
also said he would provide Mr. Noe with a constituent concern regarding a city staff member.
Mr Noyola asked if the CDBG hearing would be held at 5:00 p.m. or 6:00 p.m. Mr. Noe
replied that the hearing was scheduled at 2:00 p.m. Mr. Noyola stated that he preferred that the
hearing be held at 6:00 p.m. so that non-profit staff would not have to leave work. Mayor Garrett
said he would discuss the matter with City Secretary Chapa.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:04 p.m. on April 11. 2006.
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