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HomeMy WebLinkAboutMinutes City Council - 08/22/2006I 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 August 22, 2006, which were approved by the City Council on August 2`). 2006. WITNESSETH M Y HAND AM) SEAL, on this the 30th day of August, 2006. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Jesse Novola Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 22, 2006 - 10:00 a m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Gilbert Garcia of the New Harvest Transformation Center, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 25, 2006. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Corpus Christi Convention and Visitors Bureau Dave Hamrick (Appointed) Corpus Christi Downtown Management District Eloy Salazar (Reappointed) Dottie Clower (Reappointed) Mark Adame (Reappointed) Les Cassidy (Reappointed) Anna Vasquez (Reappointed) Dan Richter (Reappointec Chad Magill (Appointed) Harry Chester (Appointed Planning Commission John Tamez (Appointed) Small Business Advisory Committee Anita Cadena (Reappointed) Bud Harris (Reappointed) Mike Morgan (Appointed) Rick Zamarripa (Appointed) Human Relations Commission Amanda Leigh Villarreal (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 26). City Secretary Chapa announced that Councilmember Noyola was abstaining from the vote and discussion on Item 25, and Councilmember Kelly was abstaining from the vote and discussion on Item 26. Councilmember Scott announced that he would be abstaining from the vote and discussion on Item 21. There were no comments from the public. Council members requested that Item 15 be pulled for individual consideration. A motion was made and passed to approve Items 3 through 26, constituting the consent agenda, except for Item 15, which was pulled for individual consideration.. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting August 22, 2006 — Page 2 3. MOTION NO. 2006-247 Motion approving a service agreement with the following companies in the following amounts for closed circuit television pipeline inspection services in accordance with Bid Invitation No BI -0159-06 based on low total bid. The term of the service agreement will be twelve -months with an option to extend for up to two additional twelve-month periods subject to the approval of The supplier and the City Manager or his designee. The service will be used by the Wastewater and Stormwater Departments and administered by the Wastewater Department Funds are budgeted and available from the Wastewater and Stormwater Departments. operational budgets in FY 2006-2007 Video Plumbing, Inc. Corpus Christi, TX S247,297.50 Shoreline Plumbing Corpus Christi, TX $27,636.38 Grand Total: $274,933.88 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. 2006-248 Motion approving a three-year lease of mail processing equipment from Pitney Bowes, of Stamford, Connecticut, in the amount of $28,980. The equipment will be used to process the City's outgoing mail and is leased in accordance with the State's Cooperative Purchasing Program. Funds are budgeted and available in the Stores Fund in 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". 5. MOTION NO. 2006-249 Motion approving a supply agreement for 5,000 plastic recycling bins in accordance with Bid Invitation No. BI -0161-06 with Otto Environmental Systems (AZ), LLC, of Eloy, Arizona, based on most advantageous bid, for a semi-annual expenditure of $27,550. The term of the supply agreement shall be for six months with an option to extend for up to five additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. These bins will be furnished by Solid Waste Services for use in the City-wide recycling program Funds have been budgeted by Solid Waste Services 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". Minutes — Regular Counci Meeting August 22. 2006 — Page ti 6. MOTION NO. 2006-250 Motion approving a supply agreement with Sem Material, of Corpus Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI -0184-06, based on only bid, for an estimated six month expenditure of $42,288.50. The term of the contract will be for six months with an option to extend for up to five additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services fo- maintenance of City streets. Funds have been budgeted by Street Services in 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". 7.a. MOTION NO. 2006-251 Motion authorizing the City Manager or his designee to accept a grant in the amount of $450,396 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for Year 6. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7.b. ORDINANCE NO. 026909 Ordinance appropriating $450,396 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. 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" 8.a. MOTION NO. 2006-252 Motion authorizing the City Manager or his designee to accept a grant in the amount of $57,450 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garda, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8.b. ORDINANCE NO. 026910 Ordinance appropriating $57,450 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant in the No. 1061 Police Grants Fund. 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 August 22, 2006 — Page 4 9.a. MOTION NO. 2006-253 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $102,820 from the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for Overtime DWI and Speed Enforcement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 9.b. ORDINANCE NO. 026911 Ordinance appropriating $102,820 from the Texas Department of Transportation for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund 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" 10. ORDINANCE NO. 026912 Ordinance appropriating $1,210.57 in interest earnings from the unreserved fund balance in the No 1061-820804 Law Enforcement Block Grant 2004 grant fund. 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. MOTION NO. 2006-254 Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Division of the Health Department and for the payment of record fees due to the State. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott. voting "Aye". 12. RESOLUTION NC. 026913 Resolution adopting the Coastal Bend Mitigation Action Plan developed with the Coastal Bend Council of Governments and appointing the City Manager or his designee to act as the City's Hazard Mitigation Coordinator. 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 August 22, 2006 — Page F 13. RESOLUTION NO. 026914 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas A&M University -Corpus Christi in the amount of $345,000 for the Pollution Prevention Partnership and Educational Outreach Program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye". 14. RESOLUTION NO. 026915 Resolution approving the contract between the Corpus Christi Business and Job Development Corporation and ACCION Texas, Inc., for the period between August 1, 2006 and July 31. 2007 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". 16. MOTION NO. 2006-255 Motion authorizing the City Manager or his designee to authorize payment of Invoice 10118494 for twelve months software and hardware maintenance with Kronos, Inc., of Chelmsford Maryland in an amount not to exceed $40,154.22. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 17. MOTION NO. 2006-256 Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc., of Redlands, California in an amount not to exceed $48,246.24 for the ESRI suite of products used by the City's Geographic Information System users The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 18. MOTION NO. 2006-257 Motion authorizing the City Manager or his designee to execute Change Order No. 14 for the construction of a potable water distribution system in the amount of $101,121.50 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. 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 August 22, 2006 — Page 6. 19. RESOLUTION NO. 026917 Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to the Advanced Funding Agreement with the Texas Department of Transportation for the local letting and construction management of the Wooldridge Road Bridge Replacement Project. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye". 20. MOTION NO. 2006-258 Motion authorizing the City Manager or his designee to execute a Right -of -Way Easement instrument with Clara Braslau, et al, for the acquisition of Parcel 4 in the amount of $31,700, containing a Right -of -Way Easement and $79,700 to the Cimarron Golf Range, Inc. for the removal and relocation of improvements located within the right-of-way, both necessary for the Cimarron Street Improvements - Saratoga to Yorktown. Phase 1, (#6261) BOND 2004, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 21. MOTION NO. 2006-259 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Robert Leon, Sr. and wife, Viola Leon in the amount of $42,500 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purpose of fee simple property rights to Parcel 6, described as Lots 11 and 12, Block 7, H.E Luter Partition Addition with the street address of 2034 Mary Street, necessary for the Garcia Arts Center Area Street improvements, Phase 2, Project #6134. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, and Noyola, voting "Aye"; Scott abstained. 22. MOTION NO. 2006-260 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Carmen C. Torres and Delores Torres in the amount of $56,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 5, described as being a part of Tract 5, H. E. Luter Partition, also known as Lots 1 and 2 of the unrecorded Neylands Colonia Mexicana Addition, with the street address of 508 18th Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. 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 August 22. 2006 — Page 7 23.a. ORDINANCE NO. 326918 Ordinance amending Ordinance No. 026403 to provide for the deferral of the construction of an 8 -foot wide sidewalk along Elizabeth Street between Third Street and Santa Fe Street in connection with the abandonment and vacating of a 33,129.73 -square foot portion of the Third Street public right-of-way. out of Blocks X and IX, Ocean View Addition, located between the Elizabeth Street right-of-way and the Ayers Street right-of-way; authorizing the City Manager to execute a Deferment Agreement with CHRISTUS Spohn Health System for the construction of public sidewalk improvements along Elizabeth Street between Santa Fe and Third Streets. 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" 23.b. MOTION NO. 2006-261 Motion authorizing the City Manager to execute a Deferment Agreement with CHRISTUS Spohn Health System for the construction of public sidewalk improvements along Elizabeth Street between Santa Fe and Third Streets. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 24. ORDINANCE NO. 026919 Ordinance abandoning and vacating a 1,575 -square foot portion of a 5 -foot wide utility easement out of Lot 2, Block 7. Highway Village, Section 1 Annex; 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" 25. ORDINANCE NO. 026920 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 be increased every five years by 7.5% for a term of forty years with two successive five year options to renew. First Reading 07/25/06') 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 Noyo a abstained Minutes — Regular Counci Meeting August 22, 2006 — Page 8 26. ORDINANCE NO. 026921 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 Restrictions); providing for penalties. (First Reading 07/25/06) 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 regarding the adoption of eSlate Direct Recording Equipment as the new voting system for city elections. Councilmember Kelly asked if Nueces County had provided the city with the costs for using the equipment. He also asked what the city's options were. City Secretary Chapa replied that Nueces County had provided a number of estimates. but had not provided hard figures since they had little history with the new devices. At this point, Mr. Chapa said Nueces County had estimated a cost of $200 per machine to lease the equipment to the city. He noted, however, that this new equipment required more machines per precinct. Regarding the city's options, Mr Chapa said the only option was for the city to purchase its own equipment, which was prohibitively expensive. Responding to Mr. Kelly s question, Mr. Chapa stated that the county had purchased the majority of the machines with a federal grant; however, the County asserted that they had to seek remuneration nonetheless for maintenance, delivery, and programming costs. He said the County was purchasing additional machines at their own expense. He said the city would have more information in November and April because it would be sharing the cost for the election and equipment with other entities. Mr Kinnison asked if Mr. Chapa had asked the County for a written cost estimate. Mr. Chapa replied that at this point, the city had received verbal estimates of approximately $200 per machine, excluding programming and delivery charges. He said the city would probably use from two to five per precinct, depending on the number of registered voters and turnout in each precinct. Mr Chesney stated that the Caller -Times staff had told him that the County had reported the total election cost would be approximately $250,000, and the city's share would be $100,000. He said ultimately, the County said the election would still cost $250,000 with or without the city's participation. Mr Chesney objected to this, saying the County was unfairly charging the city to cover half of the election costs. Mr. Chapa replied that the County's proration of costs between the different entities was fair, based on the number of machines being used, the number of precincts, etc. He said he did not believe the city would pay half of the election costs if the proration was fairly executed between the participating entities. He questioned the accuracy of the $250,000 election cost estimate, however. because it seemed low. in response to Mr. Kinnison's question, Mr. Chapa said the city was going to develop a contract with the County, but historically, the contracts took time to negotiate and to be approved by the Commissioners Court. Mr. Chapa also pointed out that the election cost issue was not unique to Corpus Christi; rather, he said city secretaries throughout the State had been meeting with the Texas Municipal League about equity issues related to election costs. Mr Kinnison asked how many entities were participating in the November elections. Mr. Chapa replied that along with the County Del Mar College, CCISD. and other small school districts Minutes — Regular Council Meeting August 22, 2006 — Page 9 were participating, which would reduce the city's costs. Mr. Kinnison asked how the city had budgeted for election costs Mr. Chapa replied the city had budgeted $180,000 for the April election, noting that historically, the city had budgeted $100,000. He pointed out, however, that the city had not budgeted for the November election because staff was unaware this election was going to be held during the budget process Mr Kinnison asked City Manager Noe and the Mayor to speak with the County about ironing out an agreement on election costs. Mr. Noe and the Mayor agreed to do so. Mr Noyola asked how long the city had been trying to obtain cost information from the County. Mr. Chapa replied that staff had been trying to obtain the information since March or April during the budget process He explained that the County Clerk's Office, which ran the elections, was not being uncooperative; rather, they did not seem to have a handle on the costs themselves. He added that he did not know how involved the County Judge was in the election process. Mr. Chapa said the County had held an election in March, and consequently staff had asked for estimates based on that election. He said the County said the costs were still not available. Mr. Noyola expressed concern that the County did not have the information by now. He also spoke in favor of holding the City Council elections in November rather than April to reduce costs through joint elections Mr Chapa reiterated that all counties were having difficulty determining an equitable cost system for the new equipment. He felt that it was unfair to charge the city for the equipment purchase costs because the County obtained the equipment through federal funds, nor he did think it fair to charge for storage costs because the County had to store the machines regardless. He did not mind paying for programming and delivery costs. Thus, he objected to the $200.00 charge per machine. Mr Garcia stated that he was disappointed that the County could not provide a cost estimate, and said a meeting between the city and county could be warranted. City Secretary Chapa polled the Council or their votes as follows 15. RESOLUTION NO. 026916 Resolution adopting the eSlate Direct Recording Equipment as the new voting system for use in City elections after January 1, 2006 as required by the Help America Vote Act. 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 Items 39 and 40 regarding the beach access issue elections and referendum. City Manager Noe briefly provided background information on the issues. He said the Council adopted the beach access rules amendment on March 28, 2006, creating a pedestrian -safe beach on the 7,200 -feet from the south jetty of Packery Channel to Padre Balli Park. He said the Council also proposed a charter revision election for April 2007 to subject future public pedestrian -safe beaches to a public vote. He said petitioners submitted a valid petition to refer Beach Access Rules to a vote in April 2007. Additionally, he said petitioners also submitted a valid petition to place a proposed Charter Revision Election on the ballot that would subject future public pedestrian -safe beach initiatives to a public vote. City Manager Noe stated that the policy issues considered were as follows: should the vote on the Charter Amendment take place in November or April; should all votes on this issue take place on the same ballot/election; and should the city submit its own version of these two issues as a Charter Amendment After consideration. he said staff had drawn a number of conclusions. First, Minutes — Regular Counck Meeting August 22. 2006 — Page 10 he said a public pedestrian -safe beach south of the Packery Channel and a Charter Amendment to make similar actions subject to a public vote will be on a ballot for public decision. Second, he said the community needed the issue resolved at the earliest possible date to move forward. Third, he said the developer needed the issue resolved at the earliest possible date to secure the major players and to reduce the mpact of time and inflation on the project. Fourth, he said a November election provided the earliest opportunity for a public vote in an election where a larger turnout was expected Mr Noe discussed the intent of Items 39 and 40. Taken together, he said the items allowed the public to vote in November on the following issues: whether to institute a public pedestrian -free beach on the 7,200 feet south of Packery Channel; and whether to require that all future such actions require a public vote. Thus, he said all matters subject to petition would be resolved at the same time and at the earliest date Regarding Item 39, he said the item, otherwise known as the "city proposition", repealed the Council's original action authorizing the creation of a public pedestrian -safe beach on 7,200 feet of beach from Packery Channel to Padre Balli Park. Regarding Item 40, Mr. Noe stated that the proposed ordinance amended the prior Election call to move the election to November and proposed two Charter Amendments. He said Proposition 1 amended the City Charter to authorize the creation of a public pedestrian -safe beach on 7,200 feet of beach from Packery Channel to Padre Balli Park and made any similar action in the future contingent upon a public vote. He said Proposition 2, otherwise known as the "Beach Access Coalition proposition", amended the Charter as proposed by the Beach Access Coalition petition, which prohibited restrictions of vehicular access to create a public pedestrian -safe beach without voter approval. City Manager Noe briefly discussed the proposed City Charter amendment and Beach Access Coalition amendment. He said the City Charter amendment made the following provisions: tracked prior Council action; protected routine, public safety limitations on the beach; and provided for the Council to create an ordinance that provided further conditions on implementation of the pedestrian -safe beach. which was not subject to initiative and referendum. He said the Coalition's proposed amendment, on the other hand. was characterized by the following provisions: Charter language and action was n accordance with State law; Charter language was spelled out in the petition ballot language was the prerogative of the Council; and the proposed language prepared by the City Attorney was clea- and consistent with the law. in conclusion, City Manager Noe mentioned the future action that could be taken on August 29. If approved on first reading today, he said a second reading was required. He said a resolution stating Council policy will also be considered next Tuesday with regards to the proposed Beach Access Plan; and to outline development triggers in the Ordinance if the proposed Charter Amendment was successfully passed in November. Mayor Garrett called for public comment. The following individuals objected to the phrase "pedestrian safe beaches' in the proposed ballot language for Proposition 2: Bill Kopecky, 3609 Topeka; Jack Gordy, 3118 Bray; David Ryan, 1040 Rudder Court. French, 4417 Carlton; Carolyn Moon. 4902 Calvin; and John Kelley, 3621 Austin. The following individuals spoke in opposition to considering the beach access issues in the November election Bill Kopecky, 3609 Topeka; John Adams, 307 Katherine; and Pat Suter, 1001 Chamberlain. The following individuals spoke in favor of the City's proposed Charter amendment: Gene Guernsey. 340 Grant Place; Gladys Choyke, 15321 Cartagena Court; and Abel Alonzo, 1701 Thames. 1n response to Councilmember Scott's question, City Secretary Chapa clarified that Item 39 Minutes — Regular Councii Meeting August 22, 2006 — Page 11 repealed the Council's original action creating the pedestrian -safe beach from Packery Channel to Padre Balli Park He said Item 40 changed the election date to November and set the ballot language for the propositions. Mr Noyola spoke n support of placing the beach access issue on the November ballot because he felt it would provide a mandate on the issue. He also supported holding City Council elections in November for the same reason. He stated that he had only spoken to his constituents regarding the issue. not Mr Paul Schexnailder or anyone else. Mr. Marez stated that he did not agree with the repeal of the Council's original ordinance; he said the Council had already considered the issue and had other business to discuss. He also stated that he did not agree with the proposed ballot language because it was not neutral language. He felt the term "pedestrian free beach" was biased and unfair to the opposition, and instead suggested the use of the term "vehicle free beach" He noted that staff had organized a committee with Council representation to discuss the language for the smoking ban proposition, which he felt had used fair and neutral language. He asked why a committee was not organized for these propositions. City Attorney Fischer replied that organizing a committee did not cross her mind. She said staff had collaborated with other attorneys who were familiar with the city's Charter in making the recommendation City Manager Noe added that if the Council wished to create a committee to consider the ballot language, they could do so before the second reading. Mr. Marez replied that he was aware that the Council had the power to appoint a committee now. He questioned why the committee was not created at the onset due to the importance of the issue. Mr. Chesney interjected that if Mr. Marez wished to make a motion to change the language, he and other Council members would more than likely support it. City Secretary Chaoa polled the Council for their votes on Item 39 as follows: 39. FIRST READING ORDINANCE Repealing Ordinance No. 026716 regarding the elimination of vehicular traffic on the beach seaward of the Padre Island seawall and between Packery Channel and Padre Balli Park; the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing and regulating pedestrian safe beach: establishing a pedestrian safe area. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Noyola, and Scott, voting "Aye"; Marez voting "No"; Kelly abstained. Mr. Scott noted that staff had recommended the same language be used in Proposition 1 and Proposition 2 in an attempt to be consistent. He said if the Coalition was opposed to the language in Proposition 2 then he did not object to changing it. Mr. Scott stated that the main reason he supported the creation of a pedestrian safe beach was to promote development in the area, but safety was also an important consideration. Regarding the election date, he spoke in favor of holding the election in November because the community needed this significant issue resolved as soon as possible. and consequently the city felt the additional election expenses were warranted. Regarding the ballot language, Mr. Scott felt that Charter Amendments 1 and 2 were worded redundantly. He advocated striking the second portion of Amendment 1 so the only item to be considered was whether to have a public pedestrian safe beach. In addition, he believed that the Council should deliberate the trigger points related to the development at next week's meeting. Mr Scott made a motion to amend the ordinance in Item 40 to eliminate the following Minutes — Regular Councii Meeting August 22. 2006 — Page 12 language from Charter Amendment 1 and requiring a public referendum prior to the creation of any future public pedestrian safe beach areas"; seconded by Mr. Chesney. City Manager Noe pointed out that by removing this language from Charter Amendment 1, the Council was also eliminating subsection (b) of the Charter Mr. Scott and Mr, Chesney agreed and included Mr. Noe's comment in their motion to amend Regarding Charter Amendment No, 2, Mr Kinnison asked if the Council were to eliminate the words in order to create public pedestrian safe" so the amendment would simply prohibit vehicular access on beaches, then would it restrict any power the Council currently had to regulate vehicular access for special events and the like. City Manager Noe replied that the City has always had the power to restrict vehicles on the beach. Thus, he said staff felt it was important to tie the vehicle restrictions to creating a "vehicle free" or "pedestrian safe" beach, otherwise the voters could think that the city was losing the power to restrict vehicles under any circumstances. Mr. Kinnison stated he was in favor of e iminating the term "pedestrian safe" beach and replacing it with another term Regarding Charter Amendment No. 1, Mr. Kinnison said that staff planned to draft a resolution after it was approved addressing the development trigger points. He said he wished to have a provision requiring that all the trigger points for Tract 1 and Tract 2 be met before the beach was closed to vehicles. He also said he wanted to see a provision requiring that the development be worth S75 million in market value as opposed to construction value. Mayor Garrett called for the vote on Mr. Scott's previous motion to amend as follows: Garrett. Chesney, Cooper, Garcia. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained Regarding Charter Amendment No. 2, Mr. Marez spoke in support of using the term "vehicle free" rather than "pedestrian safe". City Manager Noe suggested that the Council could eliminate the words "public pedestrian safe" and replace them with "vehicle free". Mr. Garcia made a motion to amend the ordinance to that effect, seconded by Mr. Chesney, and passed unanimously (Kelly abstained Responding to Mr. Chesney's concern, City Manager Noe stated staff could bring back a resolution to clarify the consequences if the voters approved the proposition, in terms of the Beach Access Plan and the development trigger points. Mayor Garrett stated that it was never the Council's intent to close the beach to the public; rather, their intent was to close the beach to vehicular traffic. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: Minutes — Regular Councii Meeting August 22, 2006 — Page 13 40. FIRST READING ORDINANCE Amending Ordinance No. 026717 to order a Special Election to be held on November 7, 2006, in the City of Corpus Christi on the questions of amending the Charter of the City of Corpus Christi to provide for a public pedestrian -safe beach between Packery Channel and Padre Balli Park and requiring a public referendum prior to the creation of any future public pedestrian -safe beach areas, and prohibiting any restriction of vehicular access in order to create public pedestrian safe vehicle free beaches unless approved by a majority of qualified voters of the City who vote at an election held for that purpose; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance; and providing for the effective date of this ordinance. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Chesney. Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting 'Aye"; Kelly abstained. Mayor Garrett called for a brief recess to present the "At Your Service" award. Mayor Garrett called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke in favor of reinstating the city's internal auditor position. Mr. James Sipes, 6103-2 Smith Road, spoke regarding alleged police brutality following his August 13 arrest for public intoxication, which was being investigated by the U.S. Army. Ms. Susan Thiem, 96 Lakeshore, spoke regarding her investigation into Animal Care Services staffing issues. Mr. Jack Gordy, 3118 Bray, spoke regarding the city's enforcement of the sign ordinance. Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 36, an update on Transportation issues by the Corpus Christi Chamber of Commerce's Transportation Task Force. Mr. Gary Bushell reported that the original 1-69 project was included in the Trans -Texas Corridor project, initiated by Governor Perry in January 2002. In June 2002, he said TxDOT designated the 1-69 as one of four priority TTC corridors. In April 2006, Mr. Bushell said TxDOT issued a request for qualifications by potential Comprehensive Development Agreement (CDA) partners. In June 2006, he said two firms were qualified as CDA partners as follows: Cintra and Zachary/Williams Brothers. Mr Bushell reported that Governor Perry announced initiatives to move the I-69/TTC-69 project forward during the December 2005 Alliance for 1-69 Board meeting. He said Governor Perry instructed the TxDOT Commission to recast 1-69 as Trans -Texas Corridor -69 (TTC-69), using the tools of the private marketplace to advance the project. He said the Trans -Texas Corridor included the following improvements: improvements to U.S. Highways 59, 77, and 281; adding truck lanes beside existing lanes; adding freight rail capacity; and using a mix of toll lanes and non -tolled lanes. In addition, he said Governor Perry committed to immediately begin work on an Interstate -quality highway to connect the Lower Rio Grande Valley to 1-37 Mr Bushell updated the Council on the next steps regarding the TTC-69 project. In late 2006. he said a draft EIS would be published to narrow the study area route to no more than four Minutes — Regular Council Meeting August 22, 2006 — Page 14 miles wide, which will determine the location. In late 2006, he said the State would select a CDA partner for TTC-69. In 2007, a series of draft EIS public hearings would be held, followed by a FHWA "Record of Decision" on the narrowed study. After the EIS process ended in 2008, Mr. Bushell estimated that engineering design and right-of-way acquisition would occur in 2010, and construction of major segments would begin in 2012. Mr Bushell reviewed a slide depicting a number of alternates to the Los Angeles- Long Beach port routes along the TTC. Mr Bushell also discussed a TxDOT slide from the December 2004 presentation recommending Cintra/Zachry as CDA partner on TTC-35. He said Cintra/Zachry proposed building $6 billion worth of projects using private funds only; in addition, he said they were willing to pay $1.2 billion in concession fees. Mr. Bushell stated that the State, at al -69 Board meeting, had confirmed that a portion of the $1.2 billion could possibly be used to extend a road from San Antonio to Corpus Christi (La Quinta Terminal), and to construct a road from the La Quinta Terminal to Laredo (truck route only. Ms, Judy Hawley with the Port of Corpus Christi Authority Board of Directors stated that the city's opportunity was to be where 1-35 and 1-69 converge. She said the State was willing to invest dollars in South Texas transportation as a way to promote economic development through connectivity. She said the Port's La Quinta terminal was the key to creating the truck and rail traffic needed to make TTC-35 and TTC-69 into viable projects. Ms. Hawley stated that the LaQuinta Terminal could be operational in two -and -half years (fast track). The next presentation was Item 37, the Downtown Management District (DMD) annual presentation. Ms. Norma Urban, DMD president, described what had taken place in the downtown area from 2004-2006. She reported that the city had invested in the downtown area as follows: $13 million in drainage investment ; $6.5 million Shoreline Greenbelt Phase 1; WiFi broadband; and seawall reconstruction. She discussed the following private investment ventures as follows. Omni Renovations; Ramada Bayfront renovations; Bayfront Inn renovations; Executive Surf Club museum; Magill Building renovations, Porky's; and Taylor Bros. building renovations. She also mentioned that 14 new businesses had been established over the past two years, such as Porky's, Metro Coffee Shop Lockes Garden, El Zocalo, and the Sweet Pea Day Care. Ms. Urban reported on the DMD's investments between 2004 and 2006. She said the DMD had invested $288,328 in physical improvements (e.g. landscaping, sidewalk grants, new tree planting) and $66,218 in marketing and communication investments (e.g. event participation, branding of DTown), for a total of $354,546. She described their investments in more detail. Ms. Urban discussed the DMD's future plans as follows: to continue to advocate for a Bayfront greenbelt; to oversee development, programming, and maintenance of La Retama Park; to partner with the Marina for landscaping and cleaning; to work with the city on creating incentives for downtown redevelopment. which includes residential and retail initiatives; to work with the city to develop a disincentives grogram for Property owners who fail to manage their properties appropriately; and to work with the city to help provide the best code enforcement possible. Ms. Urban reported on the vacant buildings within the Downtown Management District. She said there were four types of vacant buildings: Not for Sale (NFS) —Dormant; NFS — for lease; for sale; and currently remodeling. She said the downtown area had four NFS-Dormant buildings, four NFS- for lease; and six buildings for sale. Regarding the six buildings for sale, she said four were 'delusionally" priced'. one was reasonably priced: and one asking price was unknown. Ms. Urban Minutes — Regular Council Meeting August 22. 2006 — Page 15 displayed a chart depicting the For Sale buildings appraised price versus their asking price. Finally, she said seven buildings were being remodeled. In summary, she said the downtown area had 21 vacant buildings in total. Ms Urban reported on the problems with the vacant buildings. First, she said the asking prices were too high for several of the buildings for sale. Second, of the buildings not for sale, she said the property owners were either sitting on the property with no future plans for use, or the buildings for lease had structural or design problems in conclusion, Ms. Urban presented a number of proposals on how to address the problems as follows: amend current vacant building ordinance to include more rigid and specific codes for the downtown area; enforce the current codes; create incentives to encourage property enhancements/development; and implementing vacant building fees. She also displayed a chart depicting an inventory of downtown building use. Council members asked questions about the exorbitant asking prices for several of the buildings; boarding up buildings that were in disrepair; promoting residential housing in downtown; a Texas A&M -CC downtown campus; more stringent code vacant building requirements for the downtown area; and vacant building penalties. DMD Board members Raymond Gignac and Eloy Salazar stated that the city and the DMD needed to work together to promote the downtown area. They both thanked the city for sending a representative to DMD Board meetings. Mr. Salazar noted that it was difficult to meet the DMD's goals with the city's current funding level of $80,000. Mayor Garrett opened discussion on Item 38 regarding the Downtown Management District Interlocal Cooperation Agreement. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 38. RESOLUTION NO. 026928 Resolution authorizing the City Manager or his designee to execute a two-year Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the annual amount of $80,073 for assistance in downtown development and redevelopment activities for FY 2005-2006 and FY 2006-2007. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the proposed ad valorem tax rate increase. Assistant City Manager Oscar Martinez began by defining the terms "effective tax rate" and "rollback tax rate". He said the effective tax rate was a calculated rate that would provide a taxing unit with approximately the same amount of revenue it received in the prior year, on properties taxed in both years. He noted that the effective tax rate did not include additional debt service requirements. He said the rollback rate was a calculated maximum rate allowed by law without voter approval. He said rollback rate calculations allowed taxing units to raise the same amount of maintenance and operations (M&O) revenue raised in the prior year, plus an eight percent increase. The rollback rate did take additional debt service requirements under consideration. Minutes - Regular Council Meeting August 22. 2006 - Page 16 in response to Mr. Chesney's question, Mr. Martinez stated that this year, the city maintained the effective tax rate on the M&O side; on the debt service side, he said the city's rate remained identical. Mr. Chesney mentioned that he would need to correct an article he wrote for the Padre Island Business Bulletin regarding the effective tax rate. Mr Martinez reviewed a number of 2006 legislative changes in the public hearing notification content, He also provided a listing of the history of assessed valuations since 1995 and a history of ad valorem tax rates since 1978. He said the last time the city's ad valorem tax rate was as low as the 2006 rate was in 1992. In addition, he said the last time the city's effective tax on M&O only was as low as proposed in 2006 was it 1984 Mr. Martinez covered the proposed 2006 tax rates as follows: effective tax rate $0.591434; M&O rate $.403197: rollback rate $0.634627; ad valorem tax rate - $0.607406; and proposed tax rate using true effective M&O rate - $0.602372.. Mr Martinez reviewed a chart comparing the ad valorem tax revenue budgeted versus the proposed (included actual effective tax rate M&O rate). In the General Fund, he said the budgeted versus proposed revenues differed by $22,991; the debt service fund differed by $78,770 because actual growth factors were higher than anticipated. Thus, he said the difference in General Fund revenues was practically immaterial. Mr. Martinez reviewed a number of tax rate facts. During the budget hearings, he said Council members asked about the tax cap, which is comprised of the M&O and I&S rates. He said the tax cap of $0.68 was set by Charter in 1993, excluding voter approved debt. He said the FY 2006-07 adopted/proposed budget rates as follows: total rates - $0.602372; M&O rates - $0.408231 /$0.403197 (ETR M&O); and I&S rates - $0.199175/$0.199175). He said the FY 2006- 071&S rate per debt model was as follows: required over cap - $0.040188 (voter approved debt); required under cap - $0.145647 (older debt); total required - $0.185765 (excludes $35 million Bond 2004). Mr. Martinez also stated that the I&S rate increased by 2.5 cents in FY 2005-06 to fund $95 million for voter approved Bond 2004 projects. City Manager Noe pointed out that the effective tax rate cap was approximately $0.72, not $0.68, if you consider that the voter approved debt that was not subject to the cap He said the rating agencies looked favorably upon this because of the distance between the city's current rate and the tax cap. Mr. Martinez stated that the difference of $0.013410 produced over $1 million in revenue, which was needed to fund anticipated interest costs incurred in FY 2006-07 for the remaining $35 million. in closing, Mr. Martinez stated that the effective tax rate did not take debt service requirements into consideration. He said the Bond 2004 voter approved projects allowed for a 2.5 cent increase in the Debt Service rate to fund the $95 million issue. He said existing debt requirements under the cap will drop by over 40 percent in FY 2008-09, allowing for possible Bond 2008 funding without tax increases. He said the adoption of the tax rate was scheduled for September 12 2006, and can be revised by the Council at that time if desired. Mayor Garrett reiterated that the proposed tax rate was the lowest since 1991; the proposed MBO rate was the lowest since 1983. In addition, he said the proposed rate was one-half cent lower than the amount adopted in the 2006-07 budget. Finally, he said the city's tax cap was $0.68, and the proposed tax rate of $0.6074 was approximately six cents under the cap. Thus, he said the overall tax rate had been decreased by 3.2 cents. The Mayor said he wanted to highlight these facts because they are often overlooked by the media and the public. Mayor Garrett called for public comment. Mr. J.E. O'Brien, 4130 Pompano, and Mr. Jack Gordy, 3118 Bray, questioned whether the city was actually adopting the effective tax rate. Minutes - Regular Counci', Meeting August 22. 2006 - Page 1' Mr Garcia made a motion to close the public hearing, seconded by Mr. Chesney. Mayor Garrett made the following statement: "During the September 12, 2006 City Council meeting beginning at 10:00 a.m in City Hall, the City Council will vote on the proposed tax rate." k x*** x< k x* x Mayor Garrett referred to Item 28.a., and a motion was made, seconded, and passed to open the public hearing on the following master plan: 28.a. Public hearing on a proposed amendment to the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, and Open Space Master Plan by adding an appendix entitled "The Oso Creek Oso Bay Greenbelt, Parks and Trails System Master Plan". Director of Parks and Recreation Sally Gavlik stated that the proposed master plan would amend the Parks and Open Space Master Plan. In the fall of 2004, she said the Coastal Bays and Estuaries Program, the Coastal Bend Land Trust, and the City of Corpus Christi applied for a grant with the National Park Service to develop this master plan. She said more than 22 agencies had worked with the city over the past 18 months to develop the plan. Mr Art Sosa, Parks and Recreation landscape architect, reported that as the southside continued to grow, the city was seeing the benefit of adding a new park to the area. He said the proposed site was along the Oso Creek - Oso Bay Watershed, which was approximately 225 square miles and 35 miles long. He said the group considered a number of factors in developing the master plan as follows natural resources; cultural resources; economic resources; and storm water drainage needs. Mr Sosa briefly provided background information on the project. In May 2004, he said a Oso Creek Watershed workshop was held, facilitated by the National Park Service. He said an Oso Creek Steering Committee was created and had met from November 2004 to April 2006. He reported that the steering committee developed a conceptual design and a DRAFT master plan. Mr Sosa reported that the project goals and objectives were as follows: protect the natural resources and improve water quality within the Oso; and provide increased and improved recreational opportunities along the Oso. He also mentioned a number of guiding principles for their design, including wildlife protection, research opportunities, xeriscaped landscapes, improved water quality, appropriate and environmentally sensitive residential development, and themes for the different parks. Mr. Sosa briefly discussed the key design elements for the project as follows: Oso Parkway trails on both sides of the creek, including hike and bike, nature enjoyment, alternative transportation, and equestrian amenities; large vegetated buffers; drainage and bio -filtering elements; multi-purpose stormwater system; Barney Davis sanctuary; regional parks; riparian habitat improvements; managed water access points; outdoor education venues; and water trails. Mr. Sosa mentioned the prioritized elements for planning and design as follows: buffers; riparian zone improvements. vegetation trails: and regional parks. Mr. Sosa covered the committee's project recommendations. He said Goal 1 was to protect natural resources and improve water quality within the Oso. He said natural resources were affected by land use decision making, conservation of natural resources, and land management practices. The group was recommending construction limits within the 100 -year floodplain and accommodating recreation and habitat needs in stormwater and flood control policies and Minutes — Regular Council Meeting August 22. 2006 — Page 18 structures. He said Goal 2 was to provide increased and improved recreational opportunities along the Oso. To make Goal 2 possible. he said the committee recommended using contractual agreements between stakeholders to coordinate activities, guide decisions, and leverage funding opportunities; and developing a pattern book for amenities and seek cooperation from neighboring urisdictions. Regarding funding, he said the committee recommended leveraging public, private, corporate, and foundation `ending to the greatest possible extent; and seeking partnerships to take advantage of multiple funding sources. in conclusion, Mr. Sosa discussed the public comment period for the master plan. He said two public meetings were held on May 3 at Luther Jones Elementary School and on May 4 at Ella Barnes Elementary School. He said written and oral comments were accepted through May 26 through the National Park Service. Additionally, he said additional public review and input were received through the following venues: Park and Recreation Advisory Committee meeting — May 10, 2006; Planning Commission meeting - August 9; August 22 (first reading) and August 29 (second reading) City Council meetings. Mr Garcia made a motion to open the public hearing, seconded by Mr. Scott, and passed. There were no comments from the public. in response to Mr. Scott's question, Assistant City Manager Ron Massey stated that the proposed master plan worked hand in hand with the Storm Water Master Plan, which dealt with water quality issues Mr. Scott stated that vegetating the outfalls may be a good way to clean the storm water, rather than constructing more treatment plants. Mr Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. 28. FIRST READING ORDINANCE Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, and Open Space Master Plan, as amended on June 21, 2005, by approving The Oso Creek - Oso Bay Greenbelt, Parks and Trails System Master Plan as part of the Parks, Recreation, and Open Space Master Plan, as amended on June 21 2005; providing for repeal of conflicting ordinances. 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 referred to Item 29.a., and a motion was made, seconded, and passed to open the public hearing or the following master plan: 29.a. Public hearing relating to amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983. the Master Plan for Sanitary Sewers 1963, and the 1965 Master Plan for Sanitary Sewers in Flour Bluff) and rescinding the portions of the master plans covered by Study Areas 1, 1A 3 and 4 and by approving and adopting the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Study Area 1 and Laguna Madre WWTP Service Area Study' Areas 'A, 3 and 4. City Engineer Angel Escobar explained that the city had targeted 12 different areas for wastewater master planning throughout the area. He said the first master planning effort completed by Brown and Caldwell was for Sewer Planning Area 30 (SPA 30). He said the current planning effort was for Study Area in the Oso Service Area, and Study Areas 1A, 3, and 4 in the Laguna Minutes — Regular Council Meeting August 22,. 2006 — Page 19 Madre Wastewater System Service area. He said staff's commitment was that by December 2006, the city would have all 12 of the areas ready for Council approval to update the city's wastewater master plan. Mr Dan Leyendecker with LNV Engineering introduced Ms. Susan Kelly with Brown and Caldwell, the prime engineer on the project. He stated that Study Area 1 was in the Oso Basin, and was bounded by South Padre Island Drive, Rodd Field Road, Quebec Road, and Oso Bay. He displayed a map showing the existing versus the proposed master plan for the area. He said the proposed service area for Area 1 was 1,488 acres, with a total of three lift stations (two existing). He said the area was adjacent to SPA 30, which the Council approved in May, and the team prepared the master plan to be consistent with the development community's plans in this area. Mr. Leyendecker said the differences between the existing master plan and the proposed master plan were as follows: service area boundaries in the proposed master plan were more clearly defined; the city's adopted Future Land Use plan (2005) was incorporated into the proposed master plan; and the city's 2003 LIDAR elevation data was incorporated into the proposed master plan to more correctly represent each sub -basin's topography. Mr. Leyendecker discussed the pian for Study Areas 1A, 3, and 4 in the Flour Bluff Service Area. He displayed land use and existing vs. proposed master plan area maps of Area 3, which was bounded by Glen Oak. Oso Creek, and Waldron Field Road. He noted that the proposed plan deviated from the future land use pian, because all the areas considered agricultural in the land use plan were considered low-density residential in the master plan. He said the Area 3 service area was 1,568 acres; he notes that a number of areas were currently served by septic tanks. He said the plan called for a total of four lift stations. Regarding Study Area 1A, Mr Leyendecker stated that the area was bounded by South Padre Island Drive, Oso Bay, Glen Oak, and Waldron Road. He displayed a map depicting the existing versus the proposed master plans, land use map, and master plan. He said during the public comment period, one of the mair comments pointed out that the perpetual conservation easement could not be included in the calculations because development was prohibited in that area. Regarding the Area 1A master plan, he said the total service area was 1,965 acres with five total lift stations (three existing). In addition, he said the plan included the abandonment of the Reta Place lift station by installing a 12 -inch gravity line Regarding Study Area 4, Mr. Leyendecker stated that the area was bounded by South Padre Island Drive, Waldron Road, Caribbean Road, and the Laguna Madre. He displayed the existing versus the proposed master plan and land use maps. He noted that Area 4 had below average elevations throughout, which can be difficult to service because of high infiltration probabilities. He said the areas east of Laguna Shores are outside of the boundary area studied, but can still be served to the property lines, although ;t may require shallow depths or building up the existing property. Mr. Leyendecker stated that Area 4 service area was 450 acres, and two lift stations were included in the master plar In addition. he said the plan included the abandonment of the Gateway Park lift station. In summary, Mr Leyendecker said the Areas 1, 1A, 3 and 4 Master plans were based on and are consistent with the City of Corpus Christi's adopted plans. He said the plans were flexible enough to accommodate the pace of the development community. He said the plans met the developer's demands as well as the city's needs. There were no comments from the public. In response to Mr. Garcia's question, Mr. Leyendecker stated that the team used a combination of lift stations and shallower gravity lines to meet the area's needs in the most cost effective way. Minutes — Regular Counci Meeting August 22. 2006 — Page 20 Ms. Cooper 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. 29.b. FIRST READING ORDINANCE Amending the City s Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, the Master Plan for Sanitary Sewers 1963, and the 1965 Master Plan for Sanitary Sewers in Flour Bluff) and rescinding the portions of the master plans covered by Study Areas 1, 1A, 3 and 4 and by approving and adopting the Wastewater Collection System Master Plan, Oso W R.P Service Area, Study Area 1 and Laguna Madre WWTP Service Area Study Areas 1A.3and 4. 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 referred to Item 30. and a motion was made, seconded, and passed to open the public hearing on the following sign amendments to the Zoning Ordinance: 30.a. Public hearing to consider amending the Zoning Ordinance to include additional arterial roadways, specifically Northwest Boulevard (FM 624) and FM 1889 in Section 33-1.02.07 of the Zoning Ordinance to be reviewed with collector street standards in regards to signs. 30.c. Public hearing to consider amending the Zoning Ordinance to delete McArdle Road in Section 33-1 02.03 to be reviewed with collector street standards in regards to signs. Acting Assistant Director of Development Services Faryce Goode -Macon reported that on April 11 2006, the City Council adopted sign amendments to the Zoning Ordinance. She said the current provision within the sign amendment allowed for arterial roadways to be treated as collector streets if those arterial roadways have residential characteristics. She said 15 roadways were approved as arterial roadways with collector street sign standards to be included in Section 33-1.02- 07 of the ordinance. Ms. Macon said the City Council directed staff to review two areas in the Northwest area in which the collector standards might apply as well, namely Northwest Boulevard (FM 624) and FM 1889. Additionally, she said staff was recommending that McArdle Road from Holmes Drives to Dorthy Drive should be excluded from the list of arterials treated with collector street standards because of its adjacency to commercial development. Ms. Macon briefly reviewed the differences between sign standards for arterial roadways versus collector roadways. For a single tenant freestanding sign, the sign area on an arterial roadway was 200 sq ft./40 ft. high, as opposed to 64 sq. ft./20 feet high fora collector roadway. For a multi -tenant freestanding sign, she said the sign area for an arterial roadway was 500 sq. ft./50 ft. high, as opposed to 250 sq. ft./32 ft high for a collector street. Ms. Macon displayed maps of the Northwest Boulevard/Riverview Drive (FM 624) and Northwest Boulevard/River Hill Drive (FM 624); FM 1889; and McArdle Road. She also displayed photos of the housing stock along Northwest Boulevard and FM 1889. Ms. Macon stated that the Ad Hoc Sign Committee and the Planning Commission reviewed the Northwest Boulevard (FM 624) and FM 1889 arterial roadways for inclusion on the arterial roadways list, and the deletion of McArdle Road from the arterial roadways list. She said both groups denied the inclusion of FM 624 and FM 1889 on the arterial roadways list, and approved the deletion of McArdle Road from the arterial roadways list. Minutes — Regular Council Meeting August 22, 2006 — Page 21 Ms. Macon stated that staff recommended the following text amendment to the arterial roadways list in the Zoning Ordinance: approval of inclusion of Northwest Boulevard (FM 624) and FM 1889; and deletion of McArdle Road. Mr Kelly stated that the Northwest property owners along the subject area were very sensitive to the signage issues related to commercial development. He said the area's perception was that the Council considered the area as an industrial or commercial area, when in fact it was predominantly a suburban area that wished to have sign protection. Mr. Garcia and Mr. Chesney noted that in April 2006, staff had not recommended Northwest Boulevard and FM 1889 for inclusion on the list of arterial roadways treated as collectors. Mr. Chesney asked why staff had changed their recommendation today. City Manager Noe replied that staff's recommendation in April included an entire package of different compromises based on the city's dialogue with the ad hoc sign committee. He said that today, staff was rendering an opinion exclusively on Northwest Boulevard, outside of the context of the earlier compromise measures. Mayor Garrett asked for public comment on Items 30.a. and 30.c. Mr. David Loeb, 931 Chaparral, and Ms. Camm Dougherty, representing the Ad Hoc Sign Committee, spoke in favor of the committee's recommendations. Mr. Dan Leyendecker, Wood River resident, spoke in support of staff's recommendation. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper. and passed. Mr Kelly made a motion to amend the ordinance to reflect staff's recommendation, which was seconded. Mr. Chapa polled the Council for their votes on the motion to amend as follows: Cooper, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Garrett, Chesney, and Garcia, voting "No" The motion tc amend passed. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: 30.a. ORDINANCE NO. 026922 Amending Section 33-1.02.07 of the Zoning Ordinance to include Northwest Boulevard (FM 624) and FM 1889 as arterial roadways to be reviewed with collector street standards in regards to signs and to delete McArdle Road as an arterial roadway to be reviewed with collector street standards in regards to signs: providing for severance; providing for a penalty; providing for publication: providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Cooper, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Garrett, Chesney. and Garcia, voting "No" Mayor Garrett referred to Item 31 and a motion was made. seconded, and passed to open the public hearing on the following zoning case: Case No. 0606-08, Access Properties, Ltd: A change of zoning from a "T-1 B" Manufactured Home Park District to a "B-4" General Business District for Tract 1; and an "1-2" Light Industrial District for Tract 2. Tract 1 being 8.84 acres out of 27.82 acres; and Tract 2 being 9.35 acres out of 27.82 acres, both in Farias Grant out of Luby Tract 6 Abstract 592, located at the intersection of County Road 52 and US Highway 77 City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District for Tract 1 and approval of the "1-2" Light Industrial District for Tract 2. Minutes — Regular Counci Meeting August 22. 2006 — Page 22 No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper and passed. Mr. Kelly asked where CR 52 was going to run. Ms. Macon replied that CR 52 would go through the subject property from the west. She said the Urban Transportation Plan called for improvements to a 100 -foot right -way to include four travel lanes heading west. City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 026923 Amending the Zoning Ordinance, upon application by Access Properties, Ltd., by changing the zoning map in reference to Farias Grant out of Luby Tract 6 Abstract 592, Tract 1 being 8.84 acres out of 27.82 acres and Tract 2 being 9.35 acres out of 27.82 acres, from "T-1 B" Manufactured Home Subdivision to "B-4" General Business District for Tract 1 and "1-2" Light Industrial District 'or Tract 2; 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 32, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0606-09, Bernard and Kim Seger: A change of zoning from a "R-1 B" One -family Dwelling District to a "F -R" Farm Rural District. The property being 13.042 acres out of Lot 7 Section 40, Flour Bluff and Encinal Farm and Garden Tracts and located on Glenoak Drive and approximately 1,300 feet west of Flour Bluff Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "F -R" Farm Rural District No one spoke in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows 32. ORDINANCE NO. 026924 Amending the Zoning Ordinance, upon application by Bernard and Kim Seger, by changing the zoning map in reference to 13.042 acres out of Lot 17, Section 40, Flour Bluff and Encinal Farm and Garden Tracts.. from "R-1 B" One -family Dwelling District to "F -R" Farm - Rural 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 33, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes — Regular Counci Meeting August 22, 2006 — Page 23 Case No. 0706-01 Hogan Development Company, L.P.: A change of zoning from a "F -R" Farm -Rural District to a "R -1A" One -family Dwelling District for Tract 1; and a "R-1 B" One - family Dwelling District for Tract 2. Tract 1 being 37.15 acres of the Flour Bluff and Encinal Farm and Garden Tracts, Lot 18 and a portion of Lots 17, 21, and 22, Section 32 and Tract 2 being 18.01 acres of the Flour Bluff and Encinal Farm and Garden Tracts, a portion of Lots 21 22. and 23. Section 32 located on Wooldridge Road approximately 1,580 feet east of Las Brisas Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1A" One -family Dwellirg District for Tract 1 and approval of the "R -1B" One -family Dwelling District for Tract 2. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing. seconded oy Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 33. ORDINANCE NO. 026925 Amending the Zoning Ordinance, upon application by Hogan Development Company, L.P., by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Tract 1: being 37.15 acres. Lot 18 and a portion of Lots 17, 21, and 22, Section 32 and Tract 2: being 18.01 acres, a portion of Lots 21, 22, and 23, Section 32, from "F -R" Farm -Rural District to "R -1A" One -family Dwelling District for Tract 1 and "R-1 B" One -family Dwelling District for Tract 2; 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 34, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0706-03, Fernando Zambrano: A change of zoning from a "R-1 B" One -family Dwelling District to a "R-10" One -family Dwelling District. The property being a 24.046 acre tract of land out of Lot 2, Section 6, Bohemian Colony Lands, located on Greenwood Drive, approximately 2,000 feet north of Saratoga Boulevard. City Secretary Chapa stated the Planning Commission and staff recommended approval of the "R -1C" One -family Dwelling District. No one spoke in opposition to the zoning change. Mr. Noyola 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: Minutes — Regular Counck Meeting August 22. 2006 — Page 24 34. ORDINANCE NO. 026926 Amending the Zoning Ordinance, upon application by Fernando Zambrano, by changing the zoning map in reference to a 24.046 acre tract of land out of Lot 2, Section 6, Bohemian Colony Lands, 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; 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 opened discussion on Item 35, 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. (Tabled 07/25/06) City Secretary Chapa stated 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 plan for 20 townhouses and the five (5) conditions. He stated that the proposed ordinance reflected the Planning Commission and staff's recommendation. He also noted that the 20 percent rule was in effect. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing. seconded by Mr. Garcia Acting Director of Development Services Michael Gunning reported that staff and the developer, Mr. Joe Garcia met with the neighborhood representatives. After lengthy discussions, he said the neighborhood was still opposed to the plan (6-7 vote). He said a number of changes were made to the site plan however, as a result of the discussion, namely to change one street from a dead-end street. He said the revised site plan would be attached to the ordinance. City Secretary Chapa polled the Council for their votes as follows: 35. ORDINANCE NO. 026927 Amending the Zoning Ordinance, upon application by Cross 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 tc a site plan and five 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 with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 41 regarding the NLC's inclusive communities program. City Manager Noe stated that the program's meshed with initiatives currently being advocated by the Human Relations Commission, Committee for Persons with Disabilities, and Minutes — Regular Counci: Meeting August 22. 2006 — Page 25 Neighborhood Improvement Program, among others. He said staff recommended the approval of the resolution as presented. Ms. Cooper stated that NLC President Jim Hunt was asking communities to join them in promoting the inclusive communities initiative. He said the NLC would provide promotional signage free of charge, and it was anticipated that President Hunt would visit the city to initiate the program. Ms. Cooper spoke in support of adopting the resolution. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 41. ORDINANCE NO. 026929 Resolution affirming commitment by City of Corpus Christi, Texas to inclusion and accepting the invitation to join the partnership for working toward inclusive communities. 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 42 regarding Federal Aviation Administration grants. Director of Aviation Dave Hamrick stated that the FAA grant was in the amount of $9,356,300 for Runway 17'35 Rehabilitation, West GA Apron, Phase I improvements, and a number of other CIP projects. He said the majority of the projects were for drainage improvements, new signage, and a high-intensity lighting system, and a runway sweeper. He said the multi-year grant included $6,538.150 in FY 06, and the balance was anticipated in the FY 07 grant year. Mr. Hamrick reported that a number of bid awards and professional service agreement amendments would be scheduled for the Council's consideration next month. There were no comments from the public. City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on this item. City Secretary Chapa polled the Council for their votes as follows: 42.a. RESOLUTION NO. 026930 Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant No. 3-48-0051-038-2006 in an amount not to exceed $9,356,300 for the Runway 17/35 Rehabilitation, West GA Apron, Phase I Improvements, Air Carrier Apron Areas Rehabilitation, Taxiways B and E Phase I Rehabilitation, Drainage Improvements Phase V, Runway Sweeper purchase and Conduct Planning Study (Benefit/Cost Analysis to extend Runway 13,31) at Corpus Christi International Airport. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney Cooper, Garcia, Kelly, Kinnison, Marez, and Scott. voting "Aye"; Noyola abstained. Minutes — Regular Council Meeting August 22, 2006 — Page 26 42.b. ORDINANCE NO. 026931 Ordinance appropriating $6,538,150 from the Federal Aviation Administration Grant No. 3- 48-0051-38-2006 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Rehabilitation, West GA Apron, Phase I Improvements, Air Carrier Apron Areas Rehabilitation, Taxiways B and E Phase I Rehabilitation, Drainage Improvements Phase V, Runway Sweeper purchase and Conduct Planning Study (Benefit/Cost Analysis to extend Runway 13/31) at Corpus Christi International Airport; amending FY 2004-2005 Capital Budget adopted bL Ordinance No, 026188 to increase appropriations by $6,538,150. 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": Noyoa abstained Mayor Garrett opened discussion on Item 43 regarding the second reading of the industrialized housing ordinance. Acting Director of Development Services Michael Gunning stated that during the first reading, the Council had asked staff to clarify the language in Section 14.1203, (e), which now stated that the provisions of the article applied only to industrialized housing, not single-family housing. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 43.a. MOTION NO. 2006-262 Motion to amend prior to second 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 by adding the language "provisions of this Article relating to the " in Section 14.1203(e). (First Reading 0T25/06) ) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 43.b. ORDINANCE NO. 026932 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; providing a severability clause; providing a repealer clause; providing for publication; and providing for an effective date. (First Reading 07/25/06) 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 recessed the Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). Mayor Garrett called for the City Manager's report. City Manager Noe stated that he would provide a written report in Dieu of his report today. Minutes — Regular Council Meeting August 22, 2006 — Page 27 Mayor Garrett asked staff to provide information on Mathis Lake levels; he said there was a concern that when the city brought water down from Choke Canyon, it would fill the Mathis Lake. Mr. Noe replied staff would provide a report on overall status of the water supply. Mayor Garrett also asked for a status report on the flagship issue. Mr. Noe replied that the matter was resolved this morning. Mr Garcia asked for Council concurrence to move the City Council election date from April 7 to April 14 due to the Easter holidays and to set a runoff election date that will not conflict with the Buc Days Parade. Mr Kinnison asked when the runoff date would be. City Secretary Chapa replied that the city had to canvass the election no earlier than the 8th day or later than the 11th day after the election. He said the city could not hold a runoff any earlier than 20 days or later than 45 days before the election. Thus, he said the city would probably hold the runoff on the May 19. Mr. Noyola asked if the runoff could be held the second week in May instead. Mr. Chapa replied that the Council could hold the runoff election the second week in May if the Council canvassed the election on a Sunday. The Councii concurred with Mr. Garcia's request. Mr. Garcia made a motion directing the City Secretary to make preparations for an ordinance changing the 2007 City Council election date from April 7 to April 14 and to set a runoff election date of May 19. The motion was seconded and passed There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:57 p.m. on August 22, 2006.