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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. * * 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. * * * * * * * * * * * * *