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HomeMy WebLinkAboutMinutes City Council - 07/25/2006I HEREBY CERT IF\ thzit the ioreuoing is a true and correct copy of the minutes of the Regular '_Meetinu. or the Corpus Christi ('it, Council of Jule 25. 2006, which were approved by the City Council on AL1gus'. 22. 2006. ITNESSETH \ Y H.ANC) AND SEAL. on this the 22nd day of August, 2006. Armando Chapa City Secretary SEAL. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting July 25, 2006 - 10:00 a.m. P2ESENT Mayor Henry Garrett Mayor Pro Tem Jesse Ncyola Council Members Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was deiiverec by Minister Eddie Rodriguez of Norton Street Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 18, 2006 A motion was made. seconded. and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 - 21). City Secretary Chapa announced that Mr. Marez would be abstaining from the vote and discussion on Item 7, and Mr. Noyoa would be abstaining from the vote and discussion on Items 14, 15, 16, 17 and 21. There were no comments from the public. A motion was made, seconded, and passed to approve Items 2 through 21 constituting the consent agenda. City Secretary Chapa polled the Council for they votes as follows: 2. MOTION NO. 2006-226 Motion approving the purchase of five (5) defibrillators from Zoll Medical Corporation, of Chelmsford. Massachusetts for a total amount of $82,003.90. The award is based on :he cooperative ;purchasing agreement with the Houston Galveston Area Council HGAC). The defibrillators will be used by the Fire Department. Funds have been budgeted by the Fre Department in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper Garcia, Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". Minutes — Regular Council Meeting July 25. 2006 — Page 2 3. MOTION NO. 2006-227 Motion approving a service agreement with Fidelity Output Solutions, of San Antonio, Texas for electronic statement processing services for utility statements and delinquent notices, in accordance with Request for Proposal No. BI -0153-06, for an estimated five year expenditure of $935 455.50 The term of the agreement is for five years with an average annual peojected cost of $187,091 10. Funds have been budgeted by the Utility Business Office Division of the Financial Services Department in FY 2005-2006 and eequested for FY 2006-2007 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 4. MOTION NO. 2006-228 Motion approving the purchase of six (6) pickup trucks from Philpott Motors, of Port Neches, Texas for the total amount of $117,151. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (HGAC). These vehicles will be used for the Fire Department and Parks and Recreation Department. Funding is availaole in the operations budgets of the respective departments for FY 2005-2006 All items are replacements to the fleet The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly. Kinnison. Marez, Noyola. and Scott, voting "Aye". 5. MOTION NO. 2006-229 Motion approving the purchase of emergency generator cabling and accessories from Graybar Electric, of Corpus Christi, Texas for the total amount of $89,783.15. The award is based on the cooperative purchasing agreement with US Communities. The cable is purchased for the Wastewater Department. Funding is available in the operation budget of the Wastewater Department for FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia.. Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". 6.a. RESOLUTION NO. 026881 Resolution author:zing the City Manager or his designee to accept a $14,000 grant from the Texas Department of State Health Services in the No. 1067 Federal/State Grant Fund to be used for the Coordinated Community Approach to Promote Wellness CCAPWel, i to develop a strategic plan to combat obesity in our community. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez. Noyola. and Scott, voting "Aye". Minutes -- Regular Council Meeting July 25: 2006 — Page 3 6.b. ORDINANCE NO 026882 Ordinance appropriating a $14,000 grant from the Texas Department of State Health Services in the No, 1067 Federal/State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) to develop a strategic plan to combat obesity in our community. 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" 7.a. MOTION NO. 2006-230 Motion to authorize the City Manager or his designee to execute an agreement in the amount of $1.333 with Communities in Schools, Inc. for support of youth mentoring Jrograms The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez abstained. 7.b. MOTION NO. 2006-231 Motion to authorize the City Manager or his designee to execute an agreement in the amount of $500 with Alcorta's Folklorico Diamante, Inc. for support of arts education activities. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez abstained. 7.c. MOTION NO. 2006-232 Motion to authorize the City Manager or his designee to execute an agreement in the amount of $1,333 with Corpus Christi Safeplace House, Inc., dba The Wenholz House for support of housing and addiction rehabilitation programs. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez abstained. 7.d. MOTION NO. 2006-233 Motion authorizing transfer of $1,333 from City Council Organization to Sister City Program Organization within General Fund for support of Sister City program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly. Kinnison, Noyola, and Scott, voting "Aye"; Marez abstained. Minutes — Regular Council Meeting July 25 2006 — Page 4 8.a MOTION NO. 2006-234 Motion authorizing the City Manager or his designee to execute an addendum to the current lease with Durrili Properties for the facility space to operate the Juvenile Assessment Center for three additional years, in the annual amount of $33,664.20, which has been budgeted in the FY 2006-2007 budget of the Corpus Christi Crime Control and Prevention District The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 8.b. MOTION NO. 2006-235 Motion authorizing the City Manager or his designee to execute an addendum to the current lease with Durrill Properties for the facility space to operate the Juvenile Municipal Court for three additional years, in the annual amount of $32,239.20, which has been budgeted in the FY 2006-2007 budget of the Corpus Christi Municipal Court. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper Garcia. Kelly. Kinnison Marez, Noyola. and Scott, voting "Aye". 9. MOTION NO. 2006-236 Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles, Inc., of Corpus Christi, Texas in the amount of $535,322 for the Furman Avenue Development/Spohn Shoreline Hospital Sanitary Sewer for the total base bid. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10. MOTION NO. 2006-237 Motion authorizing the City Manager or his designee to execute a construction contract with DMB Construction. LLC, of Corpus Christi, Texas in the amount of $70,895 for the Fire Station No. 14 Concrete Driveway Repair 2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye". 11. MOTION NO. 2006-238 Motion authorizing the City Manager or his designee to execute a contract with Alan Plummer Associates, Inc. of Austin, Texas not to exceed $135,000 for consulting services necessary to assist in the coordination and review of various activities affecting the Nueces Delta. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting July 25. 2006 — Page 5 12. RESOLUTION NO. 026883 Resolution requesting the Texas Department of Transportation designate the new State Highway 44 Bypass in Clarkwood as part of the State Highway 44 roadway system; re- designate the former location of State Highway 44 as a business route. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garda, Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". 13. ORDINANCE NO. 026884 Ordinance appropriating S21,315 in Haz-Mat Response Calls Revenue received from Texas Molecular into the General Fund Fire Department for purchase of Haz-Mat consumable equipment and supplies; amending the FY 2005-2006 Operating Budget, adopted by Ordinance No 026385. by increasing estimated revenues and appropriations by 321.315 each 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" 14. ORDINANCE NO 026885 Ordinance appropriating $729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance transferring $643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004-2005 Capital Budget adopted dy Ordinance No. 026188 to increase appropriations by $729,319. 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 abstained. 15. ORDINANCE NO 026886 Ordinance appropriating $172;933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements: amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172.933. 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 abstained. Minutes - Regular Coundi Meeting July 25. 2006 - Page 6 16. ORDINANCE NO. 026887 Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004-2005 Capita Budget adopted by Ordinance No. 026188 to increase appropriations oy $828,7C7 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 abstained. ORDINANCE NO. 026888 Ordinance appropriating $125,000 in the Airport Operating Fund 4610 from unreserved fund balance and $75,000 from Aviation Reserve Fund Balance for emergency airport chiller system rental and repairs, amending FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $200,000. 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 abstained. 18. ORDINANCE NO. 026889 Ordinance authorzing the City Manager or his designee to execute a Use Privilege Agreement with R E.E., Inc. dba McDonald's Restaurant (Owner), for the right to plant and maintain approximately 432 -square feet (3 -foot wide x 144 -foot long) of landscaped sectioned area within the Morgan Avenue public right-of-way, adjacent to the McDonald's Restaurant building. located at 2021 Morgan Avenue; establishing a fee of $1 14C. 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" 19. ORDINANCE NO. 026890 Ordinance abandoning and vacating a 1,592.68 -square foot portion of a 10 -foot wide utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, located approximately 150 feet north of the South Padre Island Drive street right-of-way, adjacent to the Flour Bluff Drive street right-of-way; 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" Minutes -- Regular Council Meeting July 25. 2006 — Page 7 20. ORDINANCE NO 026891 Ordinance abandoning and vacating a 823.50 -square foot portion of a 10 -foot wide utility easement out of i_ot 2A, Block 8, Matt Dunn Subdivision, located just southeast of and adjacent to the Ocean Drive Street right-of-way; 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' 21. ORDINANCE NO 026892 Authorizing the City Manager or his designee to execute a long-term lease agreement, five (5) years, with San Antonio MTA, L.P. d/b/a Verizon Wireless to construct, maintain, and operate a s,xty-foot (60') high monopole type tower for use in connection with providing communications services at the Corpus Christi International Airport in consideration of an annual rental fee and extended automatic rental terms being three (3) successive periods of five (5') years each. (First Reading 06/27/06) 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 Mayor Garrett referred to Item 22, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0606-01, Grace United Methodist Church: A change of zoning from a "R-1 B" One -family Dwelling District to a "B-1" Neighborhood Business District, being Tract 7 out of the Shell Road Poultry Acres/Pugh Tract, located on Church Street and approximately 215 feet north of Leopard Street City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church -related thrift shop with six (6) conditions. No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Councl Meeting July 25. 2006 - Page 8 22. ORDINANCE NO 026893 Amending the Zoning Ordinance upon application by Grace United Methodist Church, by changing the zoning map in reference to Tract 7 out of the Shell Road Poultry Acres/Pugh Tract (currently zoned "R -1B" One -family Dwelling District) by granting a Special Permit for a church -related thrift shop, subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. An emergency was declared and the foregoing ordinance was passed and approved pith the following vote: Garrett Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott voting "Aye" Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0606-02, Dinah Morton: A change of zoning from a "F -R" Farm -Rural District to a "R -1B" One -family Dwelling District, being a 5.255 acre tract of land situated in and out of a portion of Lot 15, Section 41, Flour Bluff and Encina) Farm and Garden Tracts, ocated on Flour Bluff Drive approximately 225 feet south of Graham Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of "R-1 B' One -family Dwelling District. No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison. and passed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO 026894 Amending the Zoning Ordinance, upon application by Dinah Morton, by changing the zoning map in reference to a 5.255 acre tract of land situated in and out of a portion of Flour Bluff and Encina) Farm and Garden Tracts, Lot 15, Section 41, from "F -R" Farm - Rural District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 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 24, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0606-04, Hogan Development Co., L.P.: A change of zoning from a "F -R" Farm -Rural District to a "R-1 B" One -family Dwelling District, being 26.53 acres out of the Flour Bluff and Encinal Farm and Garden Tracts, Lot 1 and a portion of Lot 2, Section 32. located on Holly Road approximately 2,560 feet east of Lexington Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "R B" One -family Dwelling District. Minutes -- Regular Council Meeting July 25 2006 — Page 9 No one spoke in opposition to the zoning change. Mr. Kelly 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: 24. ORDINANCE NO 026895 Amending the Zoning Ordinance, upon application by Hogan Development Co., L.P., by changing the zoning map in reference to 26.53 acres of Flour Bluff and Encinal Farm and Garden Tracts Lot 1 and a portion of Lot 2, Section 32 from "F -R" Farm -Rural District to "R B' One -family Dwelling District; amending the Comprehensive Plan to account for any deviation from the existing Comprehensive Plan; providing a penalty. 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 25. and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0606-05, Cross Road Builders: A change of zoning from a "F -R" Farm -Rural District to a "R-2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2 Overlay in Sunshine Acres, a portion of Block 11, Lot 13, located on the north side of Wooldridge Road and approximately 1,200 feet west of Rodd Field Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "R-2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2 Overlay subject to the submitted site pian for 20 townhouses and the five (5) conditions. Acting Assistant Director of Development Services Faryce Goode -Macon reported that the applicant was requesting the zoning change for the development of 20 town houses in five fourplexes She said the townhouses would be a mix of one- and two-story units ranging in size from 1 500 to 1,770 square feet. Ms. Macor stated the applicant proposed property access off Wooldridge Road, a two- lane rural highway that was scheduled for a number of Bond 2004 improvements. She said the existing property to the iorth and to the west of the subject property called for low-density residential development. In addition, she said the applicant planned to locate the townhouses next to the existing drainage ditch along the eastside of the property, with the parking area and private road to the west. Ms. Macon stated that the subject property was a narrow. 150 -foot wide remnant of land from a single-family subdivision (Windsong). She said that due to the narrowness, shallow depth, and lack of access from adjoining subdivisions, single-family use would be an inefficient use of the property Ms. Macon displayed a number of photos of the subject property. Ms. Macon reported that the applicant was requesting a Planned Unit Development (PUD) 2 Overlay, which would provide the following features: buildings shall not exceed two stories, outdoor lighting shail be directed away from the adjacent single-family residential neighborhoods; and construction of townhouse project shall commence within two years from the approved ordinance date. Moreover, she said two additional conditions were imposed regarding landscaping and screening fence requirements. Minutes — Regular Council Meeting July 25, 2006 — Page 10 In conclusion. Ms Macon stated that staff was recommending approval of the applicant's request subject to the submitted site plan for 20 townhouses. Mayor Garrett called for public comment. The following individuals spoke in opposition to the proposed development, citing drainage problems, privacy, and traffic concerns: Ms. Freddie Sampson 2324 'Noodway; and Ms. Mary Myress. In response to the residents' concerns about drainage, City Engineer Angel Escobar stated that several projects were currently underway to address the drainage problems. One project was the Mary Carroll Ditch outfall, which ran underneath Rodd Field and out to Oso Bay, was being widened and deepened. In addition, he said the city needed to clean and perform maintenance on the aforementioned ditch precisely at the location of Wooldridge and this new development. He also said the city was working with TxDOT to replace the existing wood bridge. enlarging it so it could handle a 100 -year flood event. The project would be let in September, with construction beginning in October 2006. Mayor Garrett expressed concern about backyard privacy issues for the residents. Mr. Kinnison pointed out that the plan was to erect a screening fence between the subject parcel and the homes on Windsong Drive. In addition, he said landscaping and a street would separate the proposed development from the residents. Ultimately, he said the space between the back fence of the Windsong residences and the front of the proposed townhouse was close to 59 feet. He said the back of the townhouses would face the drainage ditch. He said the developer had in effect moved the townhouses as far back from the residences as possible. Mr. Garcia asked why the developer was requesting a PUD. Acting Director of Development Services Michael Gunning replied that initially, the developer had only requested an "R-2- zoning change, but due to the neighborhood's concerns, he heeded staff's recommendation to consider a Planned Unit Development. He said the developer than worked with the neighborhood to determine the location and footprint of the townhouses to create as much distance between them as possible. He said the Planned Unit Development would ensure that the development would be built exactly as shown in the site plan. Councilmember Garcia asked Mr. Joe Garcia, the developer, if he had sought the neighborhood's input on :he project. Mr Garcia, 4626 Weber Road, replied that he had spoken with a gentleman representing the residents and offered to make a presentation on the development He said unfortunately, the gentleman said the residents could not agree on a date, so he sad he would contact Mr Garcia later. Mr. Garcia said the gentleman never contacted him; so consequently a meeting was not held; however, he said he did make himself available to the residents He said he tried to be as sensitive to the neighborhood's needs as possible Councilmember Garcia stated that after studying Mr. Garcia's plan, he felt the plan addressed the drainage and parking concerns that the residents had raised. Mr. Garcia agreed, saying that he felt his plan provided the best and probably the only use for the subject property. In response to Mr Noyola's question. Mr. Garcia said the subject property was too narrow (150 feet) for a single-family development. He felt the proposed development would actually benefit the neighborhood rather than detract from it. Mr. Noyola commented that of the 58 notices mailed out, 28 notices were returned in opposition to the development. He was surprised that the residents didn't try harder to schedule a meeting He asked if any efforts were made to meet after the Planning Commission public hearing. Mr. Garcia replied that he had made himself available. Minutes — Regular Counci Meeting July 25 2006 -- Page 11 Mr Kinnison asked how the proposed screening fence would fit in with the existing residential fences, Mr. Garcia replied that he proposed taking down the existing residential fences and erecting a new, six-foot screening fence over the entire length of the property. He said the fence would have either brick or stucco columns in between the fence. In addition, he said he would place a landscape strip on the development's side. He said the fence maintenance would then become the development's responsibility. n response to Mr Kinnison's question, Mr Garcia stated that only the middle units would be two-story; the outside units would be one-story. He said the units would be 1580 to 1784 square -feet, and run. $90 to $100 a square foot. He emphasized that units would be quality. high-end units that would benefit the entire area. Mr Chesney stated that he was disappointed that the Mr. Garcia didn't make more of an effort to meet with the neighbors, especially since there was strong opposition to the project. He said Mr Garcia might have avoided the controversy if he had tried to find a compromise. Mr. Garcia reiterated that he had made himself available to the residents. Mr. Chesney replied that the burden was on the developer to make an effort to arrange a meeting; he also said staff could have advised Mr Garcia on how to arrange a meeting. Mr. Chesney stated that he would like to table the item to allow the residents and the developer time to meet. Discussion ensued between Mr Noyola and Mr. Chesney regarding Mr. Garcia's efforts to meet with the residents. Mr. Chesney stated that Mr. Garcia could have met with the approximately 40 residents who attended the Planning Commission meeting. While he agreed that the proposed development was probably the best use for the subject property, Mr. Chesney said his criticism was that there were no efforts by staff or the developer to reach a compromise. Mr Scott stated tnat in his seven years serving on the Council, the developer was always blamed when there was a failure to communicate, despite their efforts. He said he didn't understand why Mr Gunning was to blame for not arranging a meeting, because the Planning Commission had voted unanimously :.n favor of the development. He commented that hypothetically if a single-family development were constructed on the subject property, the requisite zoning would aiow the development to be five to fifteen feet from the Windsong residences' fence line He said the proposed development would be 56.5 feet from the residence property lines, ensuring more privacy for the neighbors. Mr. Scott agreed that the proposed development was probably the best development solution for the area. Mr. Marez stated that while he liked the proposed development because it was a good fit for the property, he nevertheless expressed concern that the developer did not speak to the residents. in light o{ the strong opposition to the zoning change, he said the developer should have made an effort to include the residents in the process. He said if Mr. Chesney still wished to table the item, he would support him Mr. Garcia replied that if the Council were to table the item, he would abide by their wishes however. he said the development had time constraints and financing schedules to consider. Mr Chesney made a motion to table the item until the next regularly scheduled Council meeting (August 22 =, with direction to staff to schedule a meeting between the developer and the residents in the evening; seconded by Ms. Cooper: and passed (Kelly and Kinnison voting 25. TABLED UNTIL AUGUST 22, 2006 Minutes Regular Council Meeting July 25 2006 — Page 12 upon application by Crows Road Builders, by changing the zoning map in reference to Sunshine Acres, a portion of Block 11, Lot 13, from "F R" Farm Rural District to "R 2" Multiple Dwelling District with a "PUD 2" Planned Unit Development 2 Overlay, subject to a site plan and five conditions; amending the Plan; providing a penalty Mayor Garrett referred to Item 26, and a motion was made, seconded, and passed to open the public hearing cn the following zoning case: Case No. 0606-07, Roy D. Bennett: A change of zoning from a "R-1B/SP" One -family Dwelling District with a Special Permit to a "B-1" Neighborhood Business District, Guth Parkside Annex, Trot 4A, Block 1 located along Rand Morgan Road and approximately 4'0 feet south of Jp River Road City Secretary Cnapa stated that the Planning Commission and staff recommended denial of the "B-" Neighborhood Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on the front portion of the property and "B -1A" Neighborhood Business District or the rear portion of the property, per the metes and bounds description. No one spoke in opposition to the zoning case. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Garcia and passed. Mr. Kelly asked if the city was promoting speculative zoning in this case. Acting Assistant Director of Development Services Faryce Goode -Macon replied that the applicant had not submitted a site plan for the subject property at this time. She noted that the applicant operated a trampoline repair shop on the property through a Special Permit since 1994, but the current zoning did not allow for commercial use. She said Mr. Bennett's rationale was that if he did not attract the businesses that he was marketing to, then he would at least have the correct zoning for his existing business. Mr. Gunning added that the zoning request gave the city the opportunity tc put a "B-14" district in place to protect the residential neighborhood, which may be difficult to obtain in the future Mr. Kelly asked the applicant to come forward. Mr Roy Bennett, the applicant, explained that he currently had a contract to sell the subject property to an ambulance service company Mr. Kelly asked what type of zoning would be required for an ambulance service business Mr. Gunning replied that this type of business could probably go into a "B-1" district, depending on how extensive their fleet was and the type of vehicle storage. He said staff would have to work with the potential buyer to determine the appropriate zoning. Mr. Kelly replied that out of deference to the applicant if the zoning he was requesting wasn't going to work for his buyer. then perhaps the process needed to slow down. Mr. Gunning stated that staff could postpone the item for two weeks to allow staff to speak with the prospective buyer. Mr. Kelly said he was ready tc vote now unless the applicant wished to delay the vote. Mr. Bennett replies that he was ready to proceed City Secretary Chapa polled the Council for their votes as follows 26. ORDINANCE NO 026896 Minutes — Regular Council Meeting July 25. 2006 — Page 13 Amending the Zoning Ordinance, upon application by Roy D. Bennett, by changing the zoning map in reference to Guth Parkside Annex, Lot 4A, Block 1, from "R-1 B/SP" One - family Dwelling District with a Special Permit to "B-1" Neighborhood Business District in the front portion jf the property facing Rand Morgan Road and "B -1A" Neighborhood Business District n the rear portion of the property; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 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 tc Item 27, a presentation on the Automated Meter Reading (AMR) initiative — Year 1 expansion update. Assistant City Manager Oscar Martinez stated that the presentation related to Item 28 on the regular agenda. which authorized a number of AMR contracts He introduced Mr Mike Barrera, procurement and general services manager, who would be making the presentatior Mr. Barrera briefly described the city's vision for implementing the AMR system. He then provided a project update for Year 1 as of July 21, 2006. He said the total AMR converted meters at the end of Year 1 were 17,390 (water meters — 8,919; gas meters — 8,471). Mr. Barrera reviewed a chart illustrating the anticipated AMR meter conversions over all the expansion years. He said between Years 2, 3, 4, and 5, staff anticipated an additional 32,000 meters to be converted per year. At the end of Year 5, staff estimated that 147,554 meters would be converted in total (water and gas meters). Mr. Barrera discussed a slide providing a cost comparison between manual and AMR meter reading methods. He noted that after AMR implementation, the billing on both water and gas accounts increased by 12 percent, while consumption increased by 11 percent for water and seven percent for gas. Mr. Kinnison noted that the cost savings could be attributable to other factors besides AMR, such as increased usage due to the weather. He also stated that the recent rate increases could have led to the increases. Mr. Barrera covered a slide depicting the project budget review. Mr. Barrera stated that the adopted FY 2005 CIP budget was $28,056,638 for Years 1 through 5. He said the proposed restated CIP budget was $26,709,883, Including infrastructure and meter replacement for Years 1 through 5. He said the restated CIP budget amounted to a reduction of $1,346,755 over five years; thus, staff would be presenting a CIP budget next FY with the programmed reduction. Mr. Barrera briefly discussed the city's return on investment, based on a 20 -year cycle. He said the realigned project costs were $26,709,883; the AMR anticipated savings and cost avoidance was estimated at $1.633,361 Thus, he said the AMR breakeven point would be realized on Year 14 of the 20 -year cycle In conclusion, Mr. Barrera said staff's recommendation was that the Council approve the contracts in Rem 28.a and 28.b. with Northrop Grumman Commercial Information Systems and RAM Technologies. Inc. respectively for AMR project expansion in Years 2 through 5. Ms, Cooper and Mr. Marez spoke in support of the AMRNViFi project, saying the city was receiving positive media coverage regarding the project Minutes - Regular Counci' Meeting July 25. 2006 Page 14 Mr Kinnison asked about the projected lifespan of the equipment. Mr. Barrera replied that the actual meters had a normal lifespan of 10 years. Mr. Christopher Minton, vice-president of RAM Technologies, added that the MTU, the unit that sat on the meter and transmitted the signal, had a 20 -year lifespan, according to the vendor. In response to Mr. Kinnison's question, Mr. Minton said the city would begin replacing meters according to their current replacement program beginning in Year 12. Mr. Kinnison asked if the project costs included meter replacement beginning in 'Year '3 or 14. Mr. Barrera replied negatively. Mr. Barrera asked how much of the proposed $26.7 million CIP budget would be spent on replacement costs. Mr. Minton replied they identified costs of S2.5 million for replacement costs in Year 16-20, or $650,000 per year beginning in Year 16. Finally, Mr. Kinnison asked if there were any concerns about technology changes during this time period that would render the equipment obsolete. Mr. Minton replied that the city had an in -force maintenance agreement with the vendor that they will support the technology during the time period. Mayor Garrett opened discussion on Item 28 regarding contracts to expand the AMR Project for Years 2 througn 5. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 28.a. MOTION NO. 2006-239 Motion approving the Expansion Phase years 2 through 5 of the Automated Meter Reading project, ncluding infrastructure rehabilitation, with Northrop Grumman, of Herndon, Virginia, n the amount of $14,948,639. Funding has been programmed in the adopted FY2005 Capital Budget and will be included in the FY2007 Capital Budget. The foregoing mction was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly Marez, Noyola, and Scott, voting "Aye"; Kinnison voting No - 28.b. MOTION NO. 2006-240 Motion approving a consulting contract with RAM Technologies, Inc., of Fort Washington, Pennsylvania for contract management and technical assistance necessary for implementation of Expansion Phase Years 2 through 5 of the citywide Automated Meter Reading project, including rehabilitation, in the amount of $1,280,562. Funding `las been programmed in the adopted FY2005 Capital Budget and will be included in the TY2007 Capital Budget The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Marez, Noyola, and Scott, voting "Aye"; Kinnison voting .Nc- Mayor Garrett opened discussion on Item 29 regarding the FY 2006-07 CC Digital Community Development Corporation budget (CCDCDC). City Manager Noe explained that the city was contracting with the CCDCDC to provide a number of connectivity services for AMV/WiFi He said the corporation's budget was included in the city's budget. He said at this point, staff had taken the approach of only including the city's revenues until other contracts are n place Minutes — Regular Council Meeting July 25 2006 — Page 15 Mayor Garrett asked for public comment. Mr. John Howell, 6617 Parkland Drive, spoke in support of the WiFi project, and encouraged the Council to continue their support. Mr. Kinnison stated that entire Council supported the WiFi project. His concern, however, was the lack of a business plan and the lack of a business partner. He asked for an update on the citys progress in finding a business partner. Director of Municipal Information Services Ogilvie Gericke replied that the city was currently negotiating with a potential contractor. He said the city had a preliminary term sheet with the company, but had not negotiated specific terms such network design and ISP operation. He said unfortunately, the company has beer reluctant to commit to a firm date regarding the final contract. He said that he hoped the final agreement would be negotiated within the next three or four weeks. City Manager Noe added that it was no secret that the company in question was Earthlink. Mr. Kinnison asked staff to provide a briefing on the status of the negotiations. He asked if the WiFi business plan nad been updated since it was last brought to the Council. Mr. Gericke replied affirmativey Mr Kinnison asked staff to provide an update on the business plan as well. City Manager Noe added that staff could also provide an update on the outside consultant's evaluation of the WiFi business plan Mr. Kinnison asked that of the $2 5 million in revenues, how much came from the utilities fund. Assistant City Manager Oscar Martinez replied that most of the costs were allocated across all departments that could potentially benefit from the WiFi program. He estimated that approximately $1.3 million of the $2 5 million came from the utility funds. Mr. Kinnison asked Mr. Martinez to study the matter and then provide a more definite amount. Mr. Kinnison asked who would ultimately be charged with maintaining the system. Mr. Gericke stated that ideally, the maintenance would be performed jointly by the network provider and the city. The network provider would maintain the system and the city would provide the ground maintenance. Mr Kinnison asked if he was experiencing a problem with the network at 9:30 p m , who would provide assistance. Mr. Gericke replied that he would call his Internet service provider, who would in turn call the network provider. The network provider would attempt to fix the problem remotely. If they were unsuccessful, then the network provider would generate a work order with city personnel Mr. Kinnison asked for a breakdown on the Professional Services expense category. Mr. Martinez replied that the city had captured appropriations currently in the MIS fund and transferred them to the corporation. Of the approximately $1.3 million in the category, he said a large portion was comprised of salaries, benefits, and overtime costs. He said the approximately eight staff members were city employees who were essentially being contracted out for professional services. Mr Kinnison asked how much was budgeted for non -city, outside consultants. Mr. Gericke replied that $190,000 was budgeted for outside consultants, $160,000 of which was comprised of the Project Manager's salary and the network services contract. Mr. Kinnison asked if the city planned to take over city cellular phone services with the WiFi system. Mr. Gencke answered that the city had the opportunity to acquire phones that can switch between WiFi and cellular service because they would reduce the city's phone service costs. Mr. Kelly asked if the city knew how many individuals had relocated here specifically because of the WiFi network. Mr Martinez replied that he did not have empirical information, Minutes -- Regular Council Meeting July 25, 2006 — Page 16 just anecdotal ,nformation. City Manager Noe added that the city had received a positive response from various businesses looking for opportunities to introduce their software in this environment. He said the city wished to speak with these companies about job creation opportunities in the city He asked Mr. John Howell about how he learned about the city's proposed WiFi network. Ms. Cooper stated that the city had received a tremendous amount of positive publicity regarding the WiFi project. She thanked Mr. Gericke and Mr. Leonard Scott with MIS for their efforts City Secretary Chapa polled the Council for their votes as follows: 29. RESOLUTION NO. 026897 Resolution approving FY 2006-2007 Budget for CC Digital Community Development Corporation ("CCDCDC"). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly. Marez, Noyola, and Scott, voting "Aye"; Kinnison voting `No" Mayor Garrett called for a brief recess to present proclamations. Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton, and Mr. Bill Kopecky. 3609 Topeka. spoke regarding the beach access charter amendments and referendum election. The following individuals spoke regarding the beach access charter amendments and referendum election, and proposed a charter amendment changing the City Council election date to November: Rene Saenz, 6022 Sweet Gum; Danny Noyola Jr., 4132 Kevin; Jesse Molina. 4314 Leonard; and David Noyola. Mr Ralph James, 3947 Sessions Road. spoke and distributed photos regarding drainage problems in his area Mr. Jack Gordy, 4118 Bray, spoke regarding the city's highway beautification ordinance with respect to illegal signs. Mr. John Kelley, 3621 Austin, spoke regarding Councilmembers Garcia and Scott's alleged conflict of interest regarding the beach closure issue because they owned property on the island. City Attorney Fischer replied that she had looked into the matter and found no conflict of interest. Mr. Chesney said he would consider moving the City Council elections to November rather than April as suggested by a number of citizens during public comment. He emphasized the importance of placing the beach access issue on the ballot as soon as possible. it response to Mr. Noyoia's question, City Secretary Chapa said that if the Council placed a charter amendment on the November 2006 ballot, then the city would have to wait until Minutes - Regular Council Meeting July 25. 2006 -- Page 17 the next uniform election date before holding another charter amendment election, which would be in April 2009. Mr John Adams, .307 Katherine spoke regarding the city's lack of participation in the Texas Genera; Land Office (GLO ) Beach Watch program. City Manager Noe replied that he provide the Council with a written response regarding the issue. Mr Leonard James Medina, 4609 Brookdale, stated that in 2005, SMG discriminated against him and Centerplate management sexually harassed him Mayor Garrett opened discussion on Item 33 regarding the State School Property Master Plan. Nueces County Commissioner Betty Jean Longoria spoke in favor of the State School project, and provided a brief history on the project. Councilmember Noyola thanked Commissioner Longoria for her efforts. Mayor Garrett stated that the Council would return to the discussion on this item after the executive sessions Mayor Garrett announced the executive sessions, which were listed on the agenda as follows 40. Executive session under Texas Government Code Section 551.071 to receive legal advice regarding acquisition of real property for new Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 41. Executive session under Texas Government Code Section 551.074 for deliberations regarding the evaluation of the City Secretary. with possible discussion and action related thereto In open session The Council went nto executive session The Council returned from executive session and the following motions were passed with the following vote: 40. MOTION NO. 2006-245 Motion authorizing the City Manager to execute an amendment to the legal services agreement with Michael Nasi of Lloyd Gosselink Blevins Rochelle & Townsend P.C. with Geomatrix as Sub -contractor for entry of proposed (Broadway) Northside Wastewater Treatment Plant it the TCEQ's Voluntary Clean-up Program, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney Cooper, Garcia, Kinnison, and Marez, voting "Aye"; Noyola voting "No"; Scott and Kelly were absent. Minutes - Regular Council Meeting July 25. 2006 — Page 18 41. MOTION NO. 2006-246 Motion authorizing a 5% salary increase for the City Secretary and payment of 12 additional days of accrued vacation and 13 additional days of accrued sick leave at time employment ends with the City based on his total annualized compensation at that time. 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 re -opened discussion on Item 33, the State School Master Plan. Director of Parks and Recreatior Sally Gavlik provided a brief history on the State School Park and Sports Complex. She said the Council approved the State School Master Plan in June 2005. In July 2005, she said staff submitted Phase I of the plan to the Texas Parks and Wildlife Outdoor Recreation Program, using Bond 2004 funds as a grant match. She said in January 2006, staff was informed that the Phase proposal was rejected by the Texas Parks and Wildlife Commission, citing several areas of deficiency. First, she said the commission said the proposed site could not oe considered a non -city property due to the way the land had been purchased. Second. she said they recommended that the city diversify the types of amenities offered in the plan Ms. Gavlik reported that staff planned to resubmit the proposal to the Texas Parks and Wildlife Commission this month, with the Council's concurrence. She noted that Nueces County would be providing a portion of the funding. She said the resubmission addressed the commission's concerns by including a provision for approximately two acres of land from the neighboring Corpus Christi State School for a 'Miracle Field", which would be funded through donations from local Rotary Clubs In addition. she said the plan incorporated Councilmember Noyola's suggestion to change a number of the soccer fields to football fields, increasing the number of amenities. Ms. Gavlik introduced Mr. Bruce Boswell with the Corpus Christi State School, one of the city's partners in the project. Mr Boswell said the State School was excited to be part of this collaborative effort, along with the city Nueces County, and local Rotary Clubs. He said the project would greatly enhance and increase the recreational opportunities for people with disabilities in the community. Ms. Gavlik introduced Mr. Bryan Devaney with the Rotary Club. Mr. Devaney described the plans for the Miracle Field, which would be accessible to both children and adults with disabilities. He said he approached the city about a month ago with the concept. He said the Rotary Clubs planned to raise approximately $200,000 for the field, which would provide for the following amenities: rubberized turf lighting, dugouts, bleachers with concrete pads, windscreen, equipment, and fenc ng. Mr. Kelly asked if there were any plans to add softball fields. Ms. Gavlik replied negatively, not on the sobject property because the plan needed to include new amenities, which were not currently available in the area, to be considered for the grant. She also said there was currently no funding to add softball fields. Mr. Kelly asked if the additional softball fields could be considered during Phase III of the project. Ms. Gavlik replied affirmatively. Mr. Noyola thanked staff ¢or their efforts. He also thanked them for adding the soccer and football fields He offered his assistance as well in making this happen for the community. Minutes — Regular Counci, Meeting July 25. 2006 --- Page 19 n response to Mr. Marez's question, Ms. Gavlik replied that a small modular skate park was included in the plan. She said the original master plan called for small modular skate parks around the city, and one large central skate park being sponsored by the Junior League. Mr. Marez spoke in support of the plan Mr Garcia spoke in support of the project, and congratulated Parks and Recreation staff for their efforts He said he was anxiously waiting to see if the project would receive funding. Mayor Garrett called for public comment. Mr. David Noyola spoke in favor of more city control over naming rights for little league fields and facilities. Mr. Billy Delgado with Parks and Recreation replied that the leagues were leasing the fields from the city; this was the extent of the city's involvement. He said the leagues used sponsorships to raise funds, and the city had no control over the naming process. City Manager Noe added that the city had a process for naming fields it owned anc operated, but it did not control the process for leased fields. Mr Andrew DuArte, 1203 Van Loan Avenue, thanked the city for including football fields n the plan saying they were badly needed in that area, City Secretary Chapa polled the Council for their votes as follows: 33. RESOLUTION NO 026898 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $400,000 for planning, developing and implementing the State School Property Master Plan, with a City Match of $400,000 from the Bond 2004 Fund, and a total project cost of $800,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 30 regarding the adoption date of the ad valorem tax rate. Director of Financial Services Cindy O'Brien stated that staff was recommending that the proposed ad valorem tax rate of $0.607406 per $100 valuation be officially adopted on September 12. in addition, she said staff proposed scheduling two public hearings for the tax rate on August 22 and August 29. She explained that the State Property Tax Code required that two public hearings be held when a taxing unit proposed imposing a tax rate that exceeded the lower of the effective tax rate or the rollback rate. She noted, however, that until the city received the Certified Appraisal Roll. the actual effective tax rate could not be calculated She said once the caicuiations were completed, if staff determined that the proposed tax rate did not exceed the lower of the effective tax rate or the rollback rate, the public hearings would not oe necessary Assistant City Manager Oscar Martinez added that although the city had still not received the Certified Appraisal Roll, staff had studied preliminary data and estimated that the growth rate would be approximately 8.8 percent. Consequently, he said the increase in appraised values would provide the opportunity to maintain the effective tax rate on the maintenance and operation side of the budget and possibly reduce the tax rate. He said therefore, that while staff was presenting a tax rate of $.408231, the rate may actually decrease by another five to six tenths of a cent. He said staff would keep the Council informed as more information was available. He cautionec, however, that as the effective tax rate decreased, the city's ability to earn revenue off the growth was also reduced. Minutes — Regular Council Meeting July 25, 2006 - Page 20 Mayor Garrett asked if the Council would consider holding one of the ad valorem tax rate public hearings in the evening. City Manager Noe replied that staff had set the hearings to begin at 10:00 a.rr to coincide with the Council meetings, but the Council could change the time if they preferred. Mr Noyola spoke in favor of the holding a public hearing in the evening. On second thought, Mayo Garrett rescinded his request, but asked staff to be sure to publicize the hearings well. Ms. O'Brien replied that publications would be sent to the Caller -Times and the city would publicize the hearings on the city's website as well as the public access channel. Mayor Garrett asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding his concern that the city actually planned to raise taxes since they were planning to hold public hearings per The State Property Tax Code, which called for hearings when taxes were increased over three percent. Ms. O'Brien replied that the State code abolished the three percent threshold last year replacing t with the effective tax rate or rollback rate, whichever was ower. Mr Kinnison stated that only a few years ago, the city was concerned about how close it was to reaching the rate cap. He asked staff to calculate how close the city was to the rate now; ne believed there was at least a 12 -cent spread. Mr Scott asked for a copy of a map indicating the property valuations for the different areas in town. He said h s sense was that certain areas of town, like the island, were seeing double digit increases it valuations annually, while other parts were seeing single digit increases. Mr. Martinez said staff would provide a map. City Secretary Chapa polled the Council for their votes as follows: 30.a. MOTION NO. 2006-241 Motion setting September 12, 2006 as the date for the adoption of the ad valorem tax rate of $0.607406 per $100 valuation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye"; Cooper was absent 30.b. MOTION NO. 2006-242 Motion setting a public hearing on the ad valorem tax rate for August 22, 2006 and a second public hearing for August 29, 2006, during the regular City Council meeting beginning at 10.00 a.m at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison. Marez. Noyola, and Scott, voting "Aye"; Cooper was absent Mayor Garrett opened discussion on Item 31 regarding an amendment to the Convention and Visitors Bureau (CVB) contract adding a non-voting representative from the Corpus Christi Airport. City Secretary Chapa pointed out that the Council had the option to appoint a representative Today. Mayor Garrett asked that staff schedule the appointment on August 22 City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 25 2006 - Page 21 31. MOTION 2006-243 Motion authorizing an amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors' Bureau approved on July 11, 2006, by appointing a non-voting member to represent the Corpus Christi International Airport. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 32 regarding an amendment to a contract for the Greenwood Wastewater Treatment Plant 4 MGD Expansion. City Engineer Angel Escobar explained that the contract would allow the project to enter the design phase. He said the project would allow the plant to increase its capacity from 8 MGD to 12 MGD. He said the increased capacity would meet that area's needs until 2025. He said the expansion would take place on the southern part of the city -owned land adjacent to the plant. He noted that the project also included a peak flow storage basin and effluent pump station that would improve wastewater delivery to the Gabe Lozano Golf Course. He said the project would begin construction in Juiy 2007 and completed in mid -summer to early fall 2008. He said the final capacity of the plant would be 12 MGD with a peak of 48. There were no comments from the audience City Secretary Chapa polled the Council for their votes as follows: 32. MOTION NO. 2006-244 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Alan Plummer Associates, Inc., of Fort Worth, Texas in the amount of $2,055,941.87 for a total re -stated fee of $2,365,941.87, for Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper_ Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 34 regarding the Airport International Business Centre City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion regarding this item. Director of Aviation Dave Hamrick stated that the subject property was comprised of approximately 56 acres of land, bounded by State Hwy. 44 West of International Drive. north Glasson, and east of Pinson Road. He stated that the EDC referred the Scannell Development Corporation as an interested party in developing the acreage. He said the company had developer over a quarter billion dollars worth of property in 23 states, and had a good reputation. He displayed photos of a number of their current projects in Chicago and Virginia. Mr Hamrick stated that staff negotiated a real estate option agreement for a 33 -month period with a 40 -year ground lease, comprised of a short- and a long-term lease. He said the agreement included an increase n the rental rate of 7.5 percent every five years. To ensure that the city was entering into a favorable arrangement, he said staff consulted with a local real estate professional as well as a local real estate attorney. He said the city had the potential to earn over $365,000 a year on the proposed lease. He reported that Scannell Properties already had three companies expressing interest in building on the property. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Counci Meeting July 25. 2006 Page 22 34. FIRST READING ORDINANCE Authorizing the City Manager to execute a Real Estate Option Agreement with Scannell Development Company or its subsidiary in consideration of $1.00 option fee for the first option period of nine (9) months, $20,000 for next successive twelve (12) months and $20,000 for next successive twelve (12) month period, to lease all or part of approximately 56 acres of land in Phase 1 of the Corpus Christi International Airport Business Centre State Highway 44 west of International Drive north of Glasson and east of Pinson Road) at annual rate of twenty-five cents per square foot for property which fronts International Drive and annual rate of fifteen cents per square foot for all other property, to De increased every five years by 7.5% for a term of forty years with wo successive five year options to renew The foregoing ordinance was passed and approved on its first reading with the following )ote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 35 regarding the addition of an Industrialized Housing provision ,n the city code. Acting Director of Development Services Michael Gunning replied that the city currently did not have any regulations regarding the location of industrialized housing, or modular -type housing, in the community. He said the ordinance adopted regulations regarding construction and installation of industrialized housing as follows: have equal or greater value than the median taxable value for each single-family dwelling located within 500 feet of the lot; have an exterior appearance compatible with the single-family residences within 500 fee: of the tot; comply with municipal building setbacks; and be securely fixed to a permanent foundation Mr Gunning stated that staff met with local representatives of the industrialized housing industry' on June 30, 2006, to discuss the ordinance. He said the ordinance was modified to address their concerns. and a revised draft was sent to the representatives for review. He said staff received no further comments. There were no comments from the audience. Mr Kelly pointed out that there appeared to be a loophole in the proposed ordinance. He said the ordinance stated that there would not be a distinction between whether the housing or buildings were manufactured or constructed on site in an existing subdivision. Mr. Alonzo Garza, building official, replied that the paragraph in question was taken verbatim from the State bill's language City Manager Noe replied that staff would look into the matter and address it in the second reading of the ordinance City Secretary Chapa polled the Council for their votes as follows 35. FIRST READING ORDINANCE Amending Chapter 14 "Development Services" to include Article XII "Industrialized Housing" to provide for regulation of the construction and installation of industrialized housing and buildings within the City; providing a penalty clause; providing a severability clause; providing a repealer clause; and providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 36 regarding restrictions on large semi -truck Minutes - Regular Counci Meeting July 25 2006 - Page 23 parking in the Packery Channel parking lots. City Engineer Angel Escobar reported that the proposed ordinance would prohibit and enforce the parking of large commercial vehicles in the Packery Channel North Shore and the future South parking lots. City Secretary Chapa announced that Mr Kelly',would be abstaining from the vote and discussion regarding this item. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 36. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 (Traffic) by adding Section 53-177. (Certain vehicles prohibited from entering and parking in certain Packery Channel area parking lots); renumbering Sections 53-259 through 53-266 ;under Article IX, Vision and Passage Obstructions) as Sections 53-260 through 53-267; amending Article VIII (Schedules) by adding a new Section 53-259 (Packery Channel Parking Lots Rest ctions); providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following ote; Garrett, Chesney, Cooper. Garcia, Kinnison, Marez, Noyola, and Scott, voting 'Ave"; Kelly abstained Mayor Garrett opened discussion on Item 37, the second reading of the Compensation and Classification ordinance. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 37. ORDINANCE NO. 026899 Amending the Code of Ordinances by revising Section 39-300 Policy; revising Section 39-303 Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; revising Section 39-308 Temporary Employees; revising Section 39-312 Retirees Participation in the City's Group Health Insurance Program at Group Rates; revising Section 39-318 Discretionary Payment for Involuntary Termination; revising Section 39- 324 Holidays; revising Section 39-333 Plan I Personal Leave; revising Section 39-334 Plan I Bereavement Leave; revising Section 39-337 Plan I Use of Sick Leave; revising Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-339 Plan 1 Payment of Sick Leave Upon Termination; revising Section 39- 348 Plan II Payment of Vacation Leave Upon Termination; revising Section 39-349 Plan i Personal Leave for Plan II Employees, revising Section 39-352 Plan II Use of Sick Leave. revising Section 39-353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave revising Section 39-355 Plan II Payment of Sick Leave Upon Termination; revising Section 39-360 Leaves with Pay Deemed Beneficial to City Operations; ,epealing ail other ordinances and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date and providing for severance. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 38, the second reading of the proposed fee/rate increases included in the FY 2006-2007 budget. Mayor Garrett called for public comment. Mr. J E O'Brien, 4130 Pompano, spoke against the proposed utility rate increases in the budget. Mr. Kinnison pointed out that the utility rate increases were distorted by the increase in the cost of gas Minutes - Regular Council Meeting July 25. 2006 — Page 24 City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items 38.f and 38.q He polled the Council for their votes as follows: 38.a. ORDINANCE NO 026900 Amending the Code of Ordinances. City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing for severance; providing for an effective date: and providing for publication (First Reading 07/18/06) 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 `. 38.b. ORDINANCE NO 026901 Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, trash and other refuse, regarding increases to resource recovery fees; providing for penalties; providing for severance; providing an effective date; and providing for publication. (First Reading 07-18/06 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 `. 38.c. ORDINANCE NO 026902 Revising Sections 23-57 (3)(b), 19-33(b), 19-49(a), 19-54(b), and 19-56, Code of Ordinances, by increasing health department fees relating to pool inspections, food establishment health permits, food manager permits, and food handler permits; restructuring fee provisions related to specific food establishment health permits; revising the training requirement and term of food handler permits; revising the term of food manager permits: providing for severance; providing for penalties; providing for publication and providing an effective date. (First Reading 07/18/06) 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 38.d. ORDINANCE NO 026903 Revising Section 3-42(b), Code of Ordinances, to increase fees for billboard signs; providing for severance; providing for penalties; providing for publication and providing an effective date. (First Reading 07/18/06) 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 Councr Meeting July 25 2006 -- Page 25 38.e ORDINANCE NO. 026904 Amending the Code of Ordinances Chapter 3 4 Alarm Systems, by repealing the existing Chapter and adopting a new Chapter 3 1/2 Alarm Systems providing for severance; providing for penalties; and providing for publication. (First Reading n7 18/06 The foregoing ordnance was passed and approved on its second reading with the following vote: Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 38.f ORDINANCE NO. 026905 Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating Sections 9-65 through 9-67 providing for rental uses and rates; rental and user agreements: city owned equipment; providing an effective date; providing for severance; and providing for publication. (First Reading 07/18/06) 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" Noyoia abstained 38.g. ORDINANCE NO. 026906 Amending he Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by creating Section 9-64 providing for a federal inspection fee of $2.50 per international flight passenger, assessed to the airline; providing for an effective date; providing for severance; and providing for publication. (First Reading 07/18/06) 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 "Ave" Noyoia abstained 38.h. ORDINANCE NO. 026907 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, creating a library collection fee of $10 to be assessed on any account of $25 or more That is unpaid for 60 days or more, and is referred for collection to a private vendor; providing for an effective date; providing for severance: and providing for publication. First Reading 07/' 8/06 ) 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 Garret opened discussion on Item 39. the second reading of the FY 2006-2007 budget adoption ordinance. City Manager Noe noted that the budget may need to be adjusted when the Certified Tax Rol was received levels. Mr Chesney thanked staff for their efforts to lower the tax rate while maintaining service Minutes -- Regular Counc i Meeting July 25 2006 - Page 26 Mr, Noyola asked if there was any way the city could provide additional funding to the Instituto de Culturas Hispanicas. Assistant City Manager Martinez stated that the hotel/motel tax rate may come in higher than estimated. If so, the Council could consider providing additional funding. Mr Chesney pointed out that other organizations could also be considered for additional funding, Tike the Art Center. Mr Noyola asked about the status of the firefighter contract negotiations. City Manager Noe said the city was in negotiation with the group about pensions and compensation issues in a multi-year Oar. Mr. Marez stated that he would like to see funding levels for the Sister City program increased City Manager Noe said staff could look at funding the program with any additional HOT funds. Assistant City Manager Martinez stated that it would make sense to move the Sister City program from the Genera Fund to the HOT fund. Ms. Cooper also supported increasing the Sister City orogram's funding. Mayor Garrett called for public comment. Mr. J.E. O'Brien, 4130 Pompano, suggested that the Council consider the budget adoption ordinance at a time certain. He also spoke against shifting the Columbus Fleet debt to the taxpayers, and spoke in favor of an internal auditor City Secretary Chapa polled the Council for their votes as follows: 39. ORDINANCE NO. 026908 Adopting the City of Corpus Christi Budget for the ensuring Fiscal Year beginning August 1 2006; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. 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 called for the City Manager's report. City Manager Noe reported that the Health department had scheduled four additional Back to School immunization events throughout the community on the following dates: Aug. 4 - Kostoryz Elementary School; Aug. 5 - Ben Garza Gym; Aug. - West Oso Elementary; and Aug. 26 - American Bank Center. Mayor Garrett reported that the City Manager's Transmittal report indicated that there was additional funding for Whitecap Boulevard improvements. City Manager Noe said staff would report to Council as soon as the design was ready. He said the Hike and Bike Trail would be considered separately from the street overlay work, Assistant City Manager Ron Massey stated that the sidewalk contract would be ready for bid in 90 days and 18 months for the street overlay project En response to Mayor Garrett's question, City Manager Noe replied that a number of focus groups would be organized to discuss the UDC. He said anyone interested in participating could send rim an e-mail, or e-mail Acting Director of Development Services Michael Gunning. Minutes - Reguiar Council Meeting July 25 2006 - Page 27 Mayor Garrett called for Council concerns and reports. Mr. Noyola reported that a Crestmont neighborhood meeting was scheduled at the Firefighter Union Hall to discuss graffiti problems Police Chief Bryan Smith reported that the Police was working with the CCISD Police department to help identify the tagging crews and track them. He said if the city was able to document the offenses, then they could build a case for a felony offense, which would require probation and arrest if future offenses were committed. He said the Police department was also looking at the latest technology to clean up graffiti. Mr. Noyola also announced that the National Night Out event would be taking place or August Ms. Cooper invited the Council to attend a meeting of the NLC's International Task Force on Thursday from 9 a.m. to 4 p.m, and on Friday from 8 a.m. to 12 p.m. She thanked staff for attending last night's town hall meeting in Flour Bluff, which was well attended. She announced that the next town hall meeting would be held on August 21 at Grant Middle School, led by Councilmember Kinnison. Finally, Ms. Cooper asked the city to support an Inclusive Community resolution being sponsored by NLC, targeted at promoting ethnic diversity and citizen participation She said she had provided the City Manager and City Attorney with nformation or the resolution, and asked the Council to consider placing the item on the agenda soon. Mr Scott asked City Manager Noe to provide information on the Whitecap Boulevard improvements to the Padre Island Property Owners Association. Mr. Noe replied that Assistant City Manager Ror Massey would be attending their board meeting tonight and could inform them. Mr Scott also asked staff to provide an update on the landscaping portion of the Packery Channel parking lot project. Mr Scott also asked about the possibility of creating a park with access to the Laguna Madre, possibly or Whiteley Drive. City Manager Noe said staff could look at the feasibility of this and other options for a park or public access point, Mr Scott reported that a soccer league and a baseball leagues in Flour Bluff operated on federai property. He asked whether the city could provide some level of financial support to the parks, despite the fact that it was not city -owned land. Mr. Marez thanked the Council for approving Item 7 on the agenda, which allowed him to donate his Council salary to a number of non-profit organizations. He thanked the City Secretary and the Legal department for researching the matter. In addition, he provided the City Manager with information regarding a resident concerned with junk cars and trash on Soedad Street. In response to Mayor's Garrett's question, City Manager Noe said staff was looking at options for repairing the impound lot. Mr Garcia thanked staff for attending the town hall meeting in Flour Bluff. He said he spoke with two gentlemen about funding for the Laguna Little League and Little Miss Kickball programs He said one of the gentlemen was going to speak with Ms. Gavlik about his concerns. Regarding the UDC, he said the city needed to review the outstanding issues in the proposed draft. In response to Mr. Garcia's concern about the sign ordinance, Mr. Noe said staff had received his e-mail and was working on a response. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:07 p.m. on July 25, 2006.