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HomeMy WebLinkAboutMinutes City Council - 01/13/2004I 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 January 13, 2004, which were approved by the City Council on January 20, 2004. WITNESSETH MY HAND AND SEAL, this the 20th day of January 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 13, 2004 - 9:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney (Arrived at 9:14 a.m.) Javier D. Colmenero (Arrived at 9:12 a.m.) Melody Cooper (Arrived at 9:03 a.m.) Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Arthur Lane of St. Matthew Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. In response to Mayor Neal's question, City Manager Noe replied that staff was not recommending action on Item 37 regarding the Mustang -Padre Island Area Development Plan. Instead, Mr. Noe stated that staff would provide a brief update. Mayor Neal called for approval of the minutes of the regular Council meeting of December 16, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Mechanical/Plumbing Advisory Board Mody Boatright (Reappointed) Patrick Scarpulla (Reappointed) Red Akin (Reappointed) John Tucker (Reappointed) James M. Horman Jr. (Appointed) Transportation Advisory Committee Annette Torres (Appointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-23). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Items 3, 15, 18 and 19. Council Member Scott announced that he was abstaining from the vote and discussion on Item 13. Council members requested that Items 13, 15 and 16 be discussed. There Minutes - Regular Council Meeting January 13, 2004 - Page 2 were no comments from the audience. A motion was made and passed to approve Items 3 through 23, constituting the consent agenda, except for Items 13,15 and 16, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-001 Motion approving the purchase of a twelve passenger Ford E350 Van and a Ford Police Interceptor Crown Victoria vehicle from the Houston -Galveston Area Council of Governments (HGAC) for the total amount of $37,974.75. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Aviation Department. Funds are available in FY 2003-2004 Aviation Capital Reserve Budget Fund No. 4611. The van is an addition to the fleet and the vehicle is a replacement to the fleet. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. 4. MOTION NO. 2004-002 Motion authorizing the City Manager or his designee to execute a construction contract with Western Oilfield Supply Company d.b.a. Rain for Rent, of Bakersfield, California in the amount of $74,294 for the Kinney Street Pump Station, Stand -By Pump Down System. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 5. MOTION NO. 2004-003 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction, of Corpus Christi, Texas in the amount of $308,648.75 for the Bear Lane Bridge Utility Adjustment. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 6. MOTION NO. 2004-004 Motion authorizing the City Manager or his designee to execute a testing agreement with Fugro South, Inc., of Corpus Christi, Texas in the amount of $58,940 for the Seawall Reconstruction Project Contract B-2, Part B, Power Street Outfall to Peoples Street. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 3 7.a. MOTION NO. 2004-005 Motion ratifying the execution of Amendment No. 2 with Engineering & Construction Management Services, Inc., of Corpus Christi, Texas for a fee not to exceed $16,000 for a total re -stated fee of $34,400 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 7.b. MOTION NO. 2004-006 Motion authorizing the City Manager or his designee to execute Amendment No. 3 with Engineering & Construction Management Services, Inc., of Corpus Christi, Texas for a fee not to exceed $5,420 for a total re -stated fee of $39,820 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 8. MOTION NO. 2004-007 Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Goldston Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $111,418 for the Stage 2 Services for the Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 9.a. ORDINANCE NO. 025607 Ordinance appropriating $15,000 from Texas A & M University - Corpus Christi into Fund No. 1071 Community Enrichment Grants Fund as a portion of the local match for the University Beach Park Access Improvements Project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 4 9.b. RESOLUTION NO. 025608 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A & M University - Corpus Christi to provide a portion ($25,000) of the local match required per Texas General Land Office Contract 03-021 which consists of in-kind services to perform beach surveys, monitor the beach, and to conduct sediment grain size analysis as part of the University Marina Beach Park Project, Phase 2 located on Ocean Drive. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 10.a. ORDINANCE NO. 025609 Ordinance appropriating $37,300 from unappropriated fund balance in the No. 5110 Maintenance Service Fund to provide funding for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications, Phase 2 Project; and amending the FY 2003-2004 Operating Budget adopted by Ordinance 025394 by increasing appropriations by $37,300. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 10.b. MOTION NO. 2004-008 Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, of Corpus Christi, Texas in the amount of $33,903 for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications - Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 11. ORDINANCE NO. 025610 Ordinance abandoning and vacating a 852.50 -square foot portion of a five-foot wide utility easement in Lot 3-A, Share 2-A, Kaler Addition; and requiring the owner to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 5 12. ORDINANCE NO. 025611 Ordinance abandoning and vacating a 2,500 -square foot portion of a 10 -foot wide, utility easement out of Lots 7-11 and Lots 30-34, Block 35, Padre Island No. 1 Subdivision; and requiring the owner, South Texas Hotels, L.L.P., to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 14. MOTION NO. 2004-010 Motion authorizing the City Manager or his designee to execute Change Order No. 9 with R.S. Black Engineers & Constructors, of Corpus Christi, Texas in the amount of $40,306 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 17. MOTION NO. 2004-013 Motion approving the Street Construction Deferment Agreement between the City of Corpus Christi and The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole, and His Successors in Office, in the amount of $23,113.61 for the future street construction improvements to Cimarron Boulevard, an urban collector roadway, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 18. MOTION NO. 2004-014 Motion authorizing the City Manager or his designee to execute Amendment No. 17 to the Architectural/Engineering Services Contract with M. Arthur Gensler, Jr. and Associates, of Houston, Texas in an amount not to exceed $143,870 for additional construction phase services for the Corpus Christi International Airport Terminal Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. Minutes - Regular Council Meeting January 13, 2004 - Page 6 19. FIRST READING ORDINANCE Amending the Code of Ordinances, City ofCorpus Christi, Chapter 9, Aviation, Section 9-54 to change the landing fee and the definition of commercial aircraft. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. 20. RESOLUTION NO. 025612 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $72,480 to the State of Texas, Criminal Justice Division for Year -Five funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a city match of $10,180 in the No. 1061 Law Enforcement Trust Fund and $14,400 in-kind services; for a total project cost of $97,060. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 21.a. RESOLUTION NO. 025613 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $13,299 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Five funding of the Computer Forensics Specialist grant of the Police Department with a City match of $5,816 in the No. 1061 Law Enforcement Trust Fund and City match of $45,977 in the No. 1020 General Fund; for a total project cost of $65,092. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 21.b. RESOLUTION NO. 025614 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $59,811 to the State of Texas, Office of the Governor, Criminal Justice Division for Year One funding of a Crime Scene Technician grant in the Police Department with a City match of $3,060 in the No. 1061 Law Enforcement Trust Fund; for a total project cost of $62,871. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 7 21.c. RESOLUTION NO. 025615 Resolution setting a priority number of one for the Computer Forensics Specialist and priority two for the Crime Scene Technician Grant. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 22. FIRST READING ORDINANCE Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section, and providing for penalties: On Ayers Street, (BS 286A): revising the existing speed limits to the following: 35 mph from Port Avenue to a point at 0.516 miles (STA 219+04.3) south of State Highway 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219+04.3) south of State Highway 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269+84.36) or south of Allencrest Street. 50 mph from a point at (STA 269+84.36) or south of Allencrest Street to a point 1.201 miles south to (STA 333+23) at the south city limit. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 23. ORDINANCE NO. 025616 Amending the Code of Ordinances Sections 11-8, Riding on Sidewalks, Pedestrian Walkways or Portions of New Ship Channel Bridge, by making an exception for approved special events. (First Reading 12/16/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Mayor Neal opened discussion on Item 13 regarding the Garcia Arts Center Area Street Improvements. Council Member Kelly stated that it appeared this agenda item was the first step to resolve the conflict in the neighborhood regarding this project. City Engineer Angel Escobar replied affirmatively. Mr. Kelly asked for a status of the negotiations with the rest of the property owners. Mr. Escobar replied that staff was still negotiating with the property owners of the remaining ten parcels needed to construct the proposed improvements. Mr. Kelly commended staff for their efforts Minutes - Regular Council Meeting January 13, 2004 - Page 8 to make the needed improvements while still addressing the concerns of the residents of the area. 13. MOTION NO. 2004-009 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 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 for Parcel 7, being all of Lots 8 and 9, Block 4, H.E. Luter Partition, with street address of 2028 Marguerite, necessary for the Garcia Arts Center Area Street Improvements, Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney and Colmenero were absent; Scott abstained. Mayor Neal opened discussion on Item 15 regarding the Airport Terminal Construction Program. Council Member Cooper expressed concern about the large amount of money involved in this change order, namely $1,250,000. She asked why it was necessary and why the expense was not anticipated sooner. Mr. Kevin Stowers, Assistant Director of Engineering Services, answered that the change order was necessary to accelerate the completion of the Transportation Security Administration and Federal Inspection Station lease spaces. He said the city was unable to execute a timely lease agreement with the General Services Administration (GSA). He said the delay in the lease approval by the GSA resulted in a delay in design work of the lease spaces. He said the lease spaces are important revenue sources that will help defray the cost of the New Terminal. He said because the city wants to have the revenue come in as quickly as possible, the work can be expedited by executing this change order for the exterior shell of the building. Then, Mr. Stowers said the interior build -out can be bid as a separate contract because of statutory limits on change orders. Ms. Cooper asked if the revenue coming in will justify the additional cost. Mr. Stowers replied that the city needed to make this expenditure to receive the revenue. Ms. Cooper again expressed concern about the amount of the change order and that it was unanticipated to this point. Mr. Stowers added that it was important to note that the Transportation Security Administration did not exist at the time the project was originally designed, and could not have been anticipated. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 13, 2004 - Page 9 15. MOTION NO. 2004-011 Motion authorizing the City Manager or his designee to execute Change Order No. 54 with Fulton Coastcon, Inc., Joint Venture, of Corpus Christi, Texas in the amount of $1,250,000 for the Corpus Christi International Airport New Terminal Building to complete exterior terminal expansion to include all work associated with the final phase of the original terminal design as modified and the exterior shell of the Transportation Security Administration and Federal Inspection Station Areas. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. Mayor Neal opened discussion on Item 16 regarding a Deferment Agreement for future improvements to Cimarron Boulevard. Council Member Kinnison stated that he was in support of the Deferment Agreement, and asked for a time line on the completion of this project. Mr. Escobar replied that staff would be providing the Council with a list of recommended CIP street improvement projects for Bond 2004. He said this item anticipated this discussion by allowing the city to defer the construction by the developer of the subdivision so the city could execute a complete construction from south of Yorktown on Cimarron Boulevard. He said the next agenda item also referred to the Deferment Agreement, setting aside in escrow the amount the developer would contribute. He said staff would be recommending improvements to the entire length of Cimarron Boulevard in the Bond 2004 discussion. City Manager Noe added that the city would need to obtain funding to complete their share of the improvements, most likely through bond money. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2004-012 Motion approving the Street Construction Deferment Agreement between the City of Corpus Christi and Hogan Development Company, L.P. in the amount of $102,727.21 for the future street construction improvements to Cimarron Boulevard, an urban collector roadway, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following item: 24.a. Public hearing to consider executing a thirteen -year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park. There were no comments from the audience. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as Minutes - Regular Council Meeting January 13, 2004 - Page 10 follows: 24.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a thirteen -year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park; providing for one, ten-year automatic extension of the lease; and providing for termination upon one (1) year written notice by either party. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-05, Faucett Enterprises, Inc.: A change of zoning from an "R -1B" One - family Dwelling District to a B-1 Neighborhood Business District on Rolling Acres No. 2, Block 5, Lots 6 and 7, located on the northeast corner of Leopard Street and Rolling Acres Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" District and in lieu thereof, approval of an "AB" Professional Office District. Mr. Gunning stated there were two individuals in opposition to the zoning change. He said the property has been vacant for many years. Mr. Gunning said that several individuals spoke in favor of the "AB" Professional Office District zoning because they felt it would be an improvement to the area if the property were to be developed. They cited problems with high weeds, rodents and trash dumping in the vacant lot. He said the applicant had indicated that they would be willing to accept the "AB" district. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Kelly asked if the two notices returned in opposition to the zoning change were referring to the `B-1" zoning. Mr. Gunning replied that the individuals were opposed to both the `B-1" and "AB" zoning because they felt it would devalue their property. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 13, 2004 - Page 11 25. ORDINANCE NO. 025617 Amending the Zoning Ordinance upon application by Faucett Enterprises, Inc. by changing the zoning map in reference to Rolling Acres No. 2, Block 5, Lot 6 and 7, from "R -1B" One - family Dwelling District to "AB" Professional Office District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-06, Valero Refining -Texas, L.P.: A change of zoning from an "R -1B" One - family Dwelling District, A-1 Apartment House District, and "B-4" General Business District to an "I-3" Heavy Industrial District on all of Shares 2-A and 3-A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Share 3-A and 0.39 acre of Lot 6, Lot 7, and Lot 7-A of Share 2-A, located along Up River Road, Kaler Drive, Rackley Street, and Cantwell Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of an "I-3" Heavy Industrial District. Mayor Neal asked Mr. Gunning to provide a brief presentation on this case. Mr. Gunning stated that the zoning change was to allow for the development of a Corporate Refinery Headquarters complex and a product quality control facility for Valero Refining Company of Texas. He said the proposed development would consist of a 122,000 square -foot, three-story building serving as headquarters for the refinery. The product quality control facility, or laboratory, would house offices and product sample testing rooms. He said the facility was planned as a 28,000 square foot three-story structure that would operate 24 -hours a day. He said an above -ground storage tank utilized for the disposal of process oil samples and having a 1,000 -gallon capacity was being proposed outside of the lab site. He noted that if the "I-3" zoning was approved, the applicant would be required to go before the Zoning Board of Adjustment for approval of the laboratory use. Mayor Neal made reference to a Neal Tract on the zoning map, and clarified that neither he nor anyone in his family owned the property. Mr. Scott commented that this item was a success story because the plan was to turn this area into a more commercial area, rather than residential. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Mr. Kelly stated that the location of the headquarters and laboratory were steps in the right direction for this area. He said the plan was to encourage office uses and business uses, rather than heavy industrial development. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 025618 Minutes - Regular Council Meeting January 13, 2004 - Page 12 Amending the Zoning Ordinance upon application by Valero Refining - Texas, L.P. by changing the zoning map in reference to all of Shares 2-A and 3-A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 ofNueces County, Texas, except Lots 8, 9, and 10 of Share 3-A and 0.39 acre of Lot 6, Lot 7, and Lot 7-A of Share 2-A from "R -1B" One -family Dwelling District, "A-1" Apartment House District and "B-4" General Business District to "I-3" Heavy Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-08, Spohn Health System Federal Credit Union: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8, located south of Booty Avenue, west of Fifth Street and north of Ayers Street. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 27. ORDINANCE NO. 025619 Amending the Zoning Ordinance upon application by Spohn Health System Federal Credit Union by changing the zoning map in reference to Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8 from "AB" Professional Office District to `B-1" Neighborhood Business District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-09, James R. Byrn: A change of zoning from an "R -1B" One -family Dwelling District to an "I-2" Light Industrial District on Brezina Farm Tract, Block 2, Lots Minutes - Regular Council Meeting January 13, 2004 - Page 13 4B and 4C located east of Brezina Road and west of Weber (W.O.W.) Road. City Secretary Chapa said the Planning Commission and staff recommended approval of an "I-2" Light Industrial District. No one spoke in opposition to the zoning change. Mr. Colmenero 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: 28. ORDINANCE NO. 025620 Amending the Zoning Ordinance upon application by James R. Byrn by changing the zoning map in reference to Brezina Farm Tract, Block 2, Lots 4B and 4C from "R -1B" One -family Dwelling District to "I-2" Light Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-10, Al Mostaghasi: A change of zoning from an "F -R" Farm -Rural District and "R -1C" One -family Dwelling District to a "R -1B" One -family Dwelling District on 26 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, located east of Quail Springs Road and north of County Road 26A. City Secretary Chapa said the Planning Commission and staff recommended the approval of a "R -1B" One -family Dwelling 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: 29. ORDINANCE NO. 025621 Amending the Zoning Ordinance upon application by Al Mostaghasi by changing the zoning map in reference to 26 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, from "F -R" Farm -Rural District and "R -1C" One -family Dwelling District to "R-18" One -family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Before continuing with the agenda, Mayor Neal asked Mr. Tom Utter to introduce his guest Minutes - Regular Council Meeting January 13, 2004 - Page 14 and make an announcement. Mr. Utter announced that the City of Corpus Christi has been chosen as one of the six target areas by the Texas State Affordable Housing Corporation. He said the legislature had given the corporation ten percent of the multifamily mortgage revenue bond allocation in the State of Texas, totaling $38 million. He introduced Mr. Jason Bullmore, Vice - President of Multifamily Lending and Bond Administration for the corporation. Mr. Bullmore stated that the next step in this funding phase was to issue a Request for Proposals from the development community in Corpus Christi. He said the legislature's intent was to ensure local input into the RFP process with the help of the local municipalities. He said he looked forward to working with the Mayor and with Mr. Utter. Council Member Scott asked for more information on how many people could be helped with these funds. Mr. Bullmore replied that the corporation wanted to seek public input to answer these types of questions for the RFP. Mr. Scott asked if the development could be private. Mr. Bullmore answered affirmatively, saying that the development could be a public/private partnership or strictly public. He said the type of development was strictly at the discretion of the developer and the local municipalities. Council Member Noyola asked how much money the city would be receiving from the corporation. Mr. Bullmore replied that the state allocated the corporation almost $40 million for use in the state. He said the corporation has not specified dollar amounts in each of the six identified target areas. He said he envisioned this first phase of funding as "first come, first serve". Mr. Noyola asked if this allocation was only for 2004. Mr. Bullmore replied affirmatively, but said it was an annual allocation. Council Member Kinnison asked if the RFP could be targeted to fund development in the downtown area. City Manager Noe replied it could as long as the development met the necessary criteria. Mr. Kinnison commented that he hoped the funds could be used as a catalyst for development in the downtown area. Council Member Colmenero asked if there could be multiple applications per city. Mr. Bullmore replied affirmatively, but said the legislature would probably prefer seeing the funds spread out throughout the state. He said $40 million in affordable housing was not a large amount of money, because the average financing vehicle was about $10 million. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 31, a presentation on the day's agenda regarding Municipal Court operations. Presiding Judge Rodolfo Tamez provided a brief update on the Collections aspect of Municipal Court operations. He said since its inception in 2001, the collections program has leveled off from original levels. He noted in 2002, the Collections Program suffered a setback when the Texas Attorney General stated that courts could not add collection fees to non -adjudicated cases. In 2003, however, Judge Tamez stated the Texas Legislature passed HB 3159, amending state law to allow courts to add a collection fee to non - adjudicated fee. Judge Tamez stated collections continued to be an effective way to hold defendants accountable for their cases. He said the vendor has been open and cooperative to program Minutes - Regular Council Meeting January 13, 2004 - Page 15 enhancements. He said the vendor sends collection letters and make telephone calls to defendants who had failed to appear within the last 60 days. Judge Tamez named the following program enhancements to collections: sweep letters sent to the defendants by vendor; second and third letters sent to defendants who fail to resolve their cases; and coordination with the City Marshals division to enhance both collections and warrants. Judge Margie Silva Flores provided an update on the warrants aspect of Municipal Court operations. She said the court has put in place a process to ensure that warrants are a top priority. She said in the five months to date in FY 2003-04, the Court has collected $87,208 in warrant fees, compared to $16,120 for all of FY 2002-03. She said this was a 540 percent increase in this year alone. She said in FY 2003-04 (five months to date), the Court has collected $153,072 in Failure to Appear (FTA) fines, compared with $16,907 in all of FY 2002-03. She said there were 5,400 active Bench, Capais Pro Fine, FTA and Violation of Promise to Appear Warrants (VPTA) warrants. She provided a brief definition of each type of warrant. She noted that the imaging program has greatly increased the efficiency of researching cases for eligible warrants. Judge Flores stated that five staff assistants are dedicated to research and prepare cases eligible for Capias Pro Fine, Bench, Failure to Appear and Violation of Promise to Appear Warrants. Judge Flores stated that Municipal Court currently has seven City Marshals. She said they actively execute warrants on the field, "walk-ins" on warrant at the court, and transport defendants on warrant from the Nueces County Jail to resolve Municipal Court warrants. She also provided information on the Municipal Court/Corpus Christi Police Department Warrants Interface, which allows the Police Department 24 hours a day, seven days a week access to Municipal Court warrants. She said the court has a back-up plan in place when the interface is down. In conclusion, she said the warrants program was very effective in getting individuals to resolve their cases. Judge Missy Medary discussed the pre -trials process. She said the court has implemented a new policy to schedule pre -trials for all cases with a "not guilty" plea. She said before the new process, only Trials by Jury were set for a pre-trial. She said the key to the success of the pre -trials was the coordination between Judicial, Prosecution and Administration aspects. She named the following benefits of using the pre-trial process for all "not guilty" pleas: reduced number of cases actually going to trial - only 3 of 35 pre-trial cases go to trial; reduced staff preparation time; and reduced officer overtime. Judge Medary said in December 2002, 72 police officers had accrued 216 hours of overtime (minimum of three hours per appearance). She compared these figures with those from December 2003, in which only 13 officers accrued 39 hours of overtime. She said this amounted to a 82 percent reduction in police officer overtime. Judge John Rank provided an update on the Environmental Court. He said the weekly docket has been established. He said three jury trials and nine non jury trials per week will be scheduled to minimize any inconvenience to departments required to have officers present. He said 100 cases per week can be pre -trialed. He said the pre -trials would be used by the prosecutor with advice from the ordinance officer to gain compliance. He said the defendant would usually be offered deferred disposition or reduced penalty as incentive to gain compliance. He said all plea bargains will be approved by the judge for consistency. Minutes - Regular Council Meeting January 13, 2004 - Page 16 Judge Rank stated compliance dockets will be used to ensure that the defendant has complied. He said failure to comply may subject the individual to the maximum penalty. He said individuals who do no plead "guilty" will be set for trial promptly. Individuals who are found guilty after trial may be placed on deferred disposition which will require compliance. Failure to comply may result in maximum punishment. Finally, Mr. Rene Mendiola, Director of Municipal Court Administration, provided an update on court operations. He said the court was continually improving court technology. He said the imaging system allowed the court to manage the electronic work flow. He said the Council has approved a purchase of servers for the court software programs. He said the use of technology allows for the potential redistribution of staff. Mr. Mendiola said that great team work between the judicial, prosecution and administration aspects of Municipal Court. He said all areas of the court are included in the implementation of new processes to ensure that the process is beneficial to all areas of the court. He said the court continues to look for new ways to utilize programs to make sure we work at our most effective and efficient capability. He said the court was fine tuning two more new programs which staff would update the Council on at a later date. Mayor Neal asked if any of the new state laws have had an effect on the operations of Municipal Court. Judge Tamez replied that they affected court costs. He noted the new $30 state traffic fine had increased costs. He said a beneficial change the state has implemented is that they consolidated five court costs into one court cost. He said the state also changed the defensive driving statutes, making commercial drivers ineligible to take defensive driving in a traffic case. In response to Mr. Colmenero's question, Mr. Mendiola replied that staff has taken a two- pronged approach in processing Failure to Appear warrants. He said on August 1, 2004, the city began serving all the FTAs for individuals from that time forward. At the same time, Mr. Mendiola said staff was all serving warrants from one month prior. He said hopefully, by the end of this calendar year, the court will be caught up. Council Member Kelly commented that this was the type of creativity and innovation that he and the Council expected from people of their caliber. He commended them for these programs. Council Member Garrett commended Judge Tamez and his staff for these programs. He singled out the warrant interface program and the pre-trial program for special praise. Council Member Scott asked staff to review the time line for prosecution of environmental court violations. City Manager Noe replied that from the administrative side, as soon as the inspection is performed and a violation is found, a notice is sent to the owner giving them 10 days in which to comply. The inspector notes on the system when a reinspection is needed at the conclusion of the 10 -day period. If there is no compliance, then the inspector can file a complaint and work with the prosecutor's office. Assistant City Manager Rose said once it goes to the prosecutor's office, it is usually referred to the court in a week. City Manager Noe added that in some cases, the property owner may provide a schedule of maintenance that may not be within these time frames. Since the goal is voluntary compliance, however, Mr. Noe said that staff will make allowances for individuals if they follow through with their plans. If they do not follow through, Minutes - Regular Council Meeting January 13, 2004 - Page 17 the case will still be prosecuted. Judge Rank said at this point, the prosecutor would have a summons issued to the individual. The summons would give the individual a time to appear for pre-trial. He said the prosecutor would work with the ordinance officer to determine how much more time the individual should be given to comply. He said the individual would be informed of the consequences if they did not comply. Judge Rank said he would approve all pre-trial agreements to ensure consistency. In sum, Judge Rank stated that the process could take as long as two to three months. Mr. Scott commented that a year ago, the process took a year. Mr. Scott asked what the maximum penalty was. Judge Tamez replied that it was $1,000 to $2,000. Mr. Scott stated that this program was a step in the right direction to ensuring that the city had livable neighborhoods. Judge Rank noted that the court also had identified resources to assist those individuals who could not comply due to financial or other limitations. Council Member Noyola spoke in support of the programs, and commended staff for their efforts. Before going into executive session, Mayor Neal recognized Officer Wayne Hodge, the new president of the Police Officers Association. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 32. Executive session under Texas Government Code Section 551.071 regarding Gloria Cardona, et al vs. Maria Jimenez and the City of Corpus Christi, Cause No. 01-3216-G, in the 319th Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. 33. Executive session under Texas Government Code Section 551.071 regarding Marcia S. West and Steven M. West vs. City of Corpus Christi, Cause No. 02-3927-E, in the 148th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 34. Executive session under Texas Government Code Section 551.071 regarding potential legal issues related to County/City Jail Agreement, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was made, seconded and passed with the following vote: Minutes - Regular Council Meeting January 13, 2004 - Page 18 33. MOTION NO. 2004-18 Motion authorizing the City Manager to settle Cause No. 02-3927-E, Marcia S. West and Steven M. West vs. City of Corpus Christi, in the 148th District Court, Nueces County, Texas, for the sum of $200,000.00 subject to certification of funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal opened discussion on Item 35 regarding the Magistration/Detention Center Study/Report project. City Manager Noe explained that this item authorizes the retention of Roots Foster Associates Architects to design a magistration facility on the first floor of the Police Department building. Mr. Chesney commented that this item was a significant step in ensuring that the city would have a magistration facility in the event the city's negotiations with Nueces County regarding the county jail broke down. City Manager Noe answered affirmatively, saying that the county could effectively cancel the city's contract on September 12, so the city had to have a plan effective immediately. Mr. Chesney spoke in support of the effort. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 35. MOTION NO. 2004-015 Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Roots Foster Associates Architects, Inc., of Corpus Christi, Texas for a total fee of $61,000, and for a total re -stated contract fee of $66,800 for the Corpus Christi Magistration/Detention Center Study/Report Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal opened discussion on Item 36 regarding the minor league baseball stadium project. Assistant Director of Engineering Stowers said staff had completed the RFP process for the Construction Manager at Risk for the baseball stadium project. He said staff was recommending Fulton Coastcon and Hunt Construction Group, Joint Venture. He noted that five local firms had submitted competitive bids. He said staff felt that Fulton Coaston and Hunt Construction brought the necessary expertise to the project and would produce a quality project. Council Member Chesney asked if Anderson Group Construction Management (AGCM ) was involved in the RFP process. Mr. Stowers answered affirmatively, saying that they were acting as the Project Manager for the city and were active in the process. Mr. Chesney asked if AGCM had also recommended this group. Mr. Stowers answered affirmatively. Mr. Chesney asked other questions related to the RFP process for this project. Minutes - Regular Council Meeting January 13, 2004 - Page 19 Council Member Scott complimented staff and spoke in support of their recommendation. City Secretary Chapa polled the Council for their votes as follows: 36. MOTION 2004-016 Motion authorizing the City Manager or his designee to execute a contract for Construction Manager at Risk with Fulton Coastcon, Inc. and Hunt Construction Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal recognized Senator Chuy Hinojosa, who was in the audience. Mayor Neal thanked Senator Hinojosa and his staff for their efforts in representing the city in Austin. ************* Mayor Neal deviated from the agenda and referred to Item 30, a quarterly report from the Regional Economic Development Corporation (EDC). Mr. Ron Kitchens, EDC Director, provided an update on an effort to redevelop the area around the refineries. He said the refineries have purchased a great deal of property over the years that has been sitting fallow. He said a partnership between the city, CITGO and Flint Hills Resources had resulted in an opportunity to redevelop a 400 -acre tract in the area, a fourth of which is owned by the two refineries and the city. He presented a plan called the Northside Commons, a mixed-use redevelopment project between the city's refineries and the arts & entertainment sector of the city. He said the goal was to obtain private sector investment for the project. Along with this project, the EDC is hoping to become certified to receive New Markets Tax Credits. He said the land area was in close proximity to the Bayfront Arts and Sciences Park, downtown Corpus Christi, the Port and the refinery complex, creating a unique redevelopment opportunity. He said a manufacturing company has expressed interest in the area, and would like to put a 50,000 -sq. ft. facility based on the standards for the building. He said his group has met with area residents more than a dozen times to keep them informed about the project. He said a successful project may increase their property values, so they had the option to sell their land if they wished. Mr. Kitchens stated that if the EDC were to become certified to receive the New Markets Tax Credits, the project time line would take seven to 10 years to complete. If the EDC did not receive the tax credits, the project would take 10 to 15 years to complete. Mr. Kitchens said the EDC believed that they could sell the development to the private sector. Mayor Neal thanked the EDC and staff for helping to create a vehicle to promote a public/private partnership to help the citizens in that area. Council Member Scott asked how the tax credit program would work if it were granted to the EDC. Mr. Kitchens said the New Markets Tax Credit program would provide 39 percent federal tax credits based on investment by individuals or corporations in low- to moderate -income areas. Minutes - Regular Council Meeting January 13, 2004 - Page 20 Council Member Kelly commended Mr. Kitchens and his staff for their efforts in promoting this project. He said the community seems to be in support of the project because they recognize that the forced buy-outs were not successful. He said that the very aspects of the area that make it unattractive as a residential area are very attractive to commercial development. Council Member Garrett asked of the 300 residences in the area, how many were owned by the individuals residing in them. Mr. Kitchens replied that the total was about 50 percent owner - occupied and 50 percent renter -occupied or vacant. Mr. Garrett spoke in support of the project. Mayor Neal called for a brief recess. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal opened discussion on Item 37 regarding the Mustang -Padre Island Area Development Plan. City Manager Noe explained that staff was not asking the Council to take action on this item. Rather, he asked the Council to postpone a decision until another public meeting on the Island could be held and until negotiations with Mr. Schexnailder could be concluded.. Mr. Michael Gunning, Director of Planning, provided an update on the status of the discussions. He said on November 18, 2003, the Council had approved the first reading of the ordinance adopting the Mustang -Padre Island Development Plan. At the hearing, he said Mr. Paul Schexnailder with Asset Development Corporation, had asked Council for additional time to review the plan with his architecture and design consultant. He said the Council had approved the first reading with a motion to delay the second reading for a period not to exceed 60 days. Consequently, he said staff placed the second reading on today's agenda. He said staff had met with Mr. Schexnailder on December 17, 2003, where staff was provided his preliminary comments. At this time, he said staff was preparing responses to his preliminary comments. Mr. Schexnailder has verbally indicated that he needs additional time to finalize his comments. Thus, a second meeting is scheduled for January 7, 2004 to receive further input. Mr. Gunning stated that staff was planning another meeting on the Island for public input, tentatively scheduled on February 12, 2004. He said staff would probably be able to bring the plan back to the Council the first meeting in March. Council Member Scott asked staff to reconsider the park dedication calculations. He also asked why areas on the island were being zoned "Farm- Ranch", instead of zoning to allow tourism if that was the likely use. City Manager Noe replied that when most cities annex property, they assign it rural zoning. He said property owners can decide to subdivide and zone the property as they build on it. He also asked staff to provide a comparison of how the city's general policies compare to Port Aransas. Mr. Scott asked if the city could create a seawall parking lot in two phases that was not cement, except in ADA accessible areas. City Manager Noe noted that he understood the parking lot needs to be an all-weather parking lot. He said he would check on this. Council Member Garrett asked staff to consider making the plan flexible to encourage development on the Island, especially the park dedication calculations. There were no comments from the audience. Minutes - Regular Council Meeting January 13, 2004 - Page 21 37. TABLED TO MARCH 2004 the City's Co.t.ptd. • .1 . • 1 .c.cs on Mustang a..a, piotc.,t.on or n.., uu, publk cn;cca, du«c piot.,ctioa, b.,a..h a.,ccsb, Pact cry capitalImprn,e..t�. (First Rcadi ovc..g 11/18/03) Mayor Neal opened discussion on Item 38, a professional contract services contract with Mr. Todd Hunter for lobbying services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. MOTION NO. 2004-017 Motion authorizing the City Manager or his designee to execute a Professional Services Contract with Mr. Todd A. Hunter for lobbying and governmental relations services. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ************* Mayor Neal called for petitions from the audience. There were none. ************* Mayor Neal called for the City Manager's report. City Manager Noe stated that today and tomorrow, the city was holding a Weapons of Mass Destruction (WMD) exercise that was being evaluated by the state. He said the Council should have received an invitation for a reception in honor of Richard Greene, Regional Administrator for the Environmental Protection Agency (EPA) and Margaret Hoffman, Director of the Texas Commission on Environmental Quality (TCEQ), to be held on Wednesday, January 14 at the Texas State Aquarium at 6:00 p.m. He noted that the recycling calendar was being placed in utility bill statements for the next few weeks. He commented that the Council should have received a copy of the city's annual report that was in the newspaper on Sunday. He said Wednesday evening, January 14, was the kick-off for the second Neighborhood Improvement Project at Ben Garza Gym at 6:00 p.m. He referred to a memo regarding a number of adjustments in the organization in light of the retirement of Assistant City Manager Jorge Cruz- Aedo. He said a retirement party would be held for Mr. Cruz-Aedo on Friday, January 16, from 3:00 p.m. to 5:00 p.m., and he invited the Council to attend. Mr. Noe reviewed the following upcoming agenda items: January 20 - CIP budget, consultant contract for off-site improvements to baseball stadium, and recommendations of 4A board on affordable housing; January 27 - binding lease agreement with the Ryans on the baseball stadium for first reading; and February 10 - Bond 2004. Mayor Neal called for Council concerns and reports. Council Member Chesney congratulated Council Member Scott for his appointment to the 1-69 Corridor group. He thanked Minutes - Regular Council Meeting January 13, 2004 - Page 22 City Manager Noe for his prompt response to his concerns regarding trash and water issues. He asked for a list of lobbyists the city was using in Austin. He thanked the Mayor and Council for accepting Mr. Todd Hunter's offer to provide lobbying services. Mr. Chesney spoke in support of the organizational changes Mr. Noe had made, and thanked Mr. Noe for keeping the Council informed. Mr. Chesney referred to a bike trail on Ocean Drive that he had heard was not well marked, and asked staff to check into it. Finally, he had received a request that a traffic study be done on Trojan Drive in front of Moody High School. Mr. Noe replied that unfortunately, the street in front of Moody High School was considered a collector street, and thus was ineligible for speed humps based on current policy. Mr. Chesney asked that enforcement of the speed limit in that area be enhanced. Council Member Colmenero asked for an update on the public school financing issue. Mr. Noe replied that the Mayor had gone to Austin on behalf of the Texas Municipal League to visit with Lt. Governor Dewhurst about this issue. Mayor Neal said that the Lt. Governor Dewhurst stated he would keep an open door policy to cities on this matter. Lt. Gov. Dewhurst also said he would keep the city at the table during negotiations. Mayor Neal said TML and the city were keeping a close eye on the issue. Mr. Colmenero discussed problems with noise in a number of neighborhoods. He stated that the city needed to provide more information to citizens on what the noise ordinance encompasses. Mr. Colmenero asked staff to publicize the HOME grants process. He also mentioned a case on Brawner Parkway where the speed humps were too high. He also mentioned problems with high weeds on one of the city's properties, and provided information on the matter to Mr. Noe. Council Member Noyola congratulated Mr. Cruz-Aedo on his new job, and told him that he would be missed. He asked for a summary of the actions taken by the 4A board at their meeting yesterday. Mr. Noyola noted that the board's recommendations on affordable housing would be provided to the Council at their January 20 meeting. He thanked Ms. Cooper, Mr. Colmenero and City Engineer Escobar for their participation in the town hall meeting last week. Finally, Mr. Noyola said a constituent had notified him that she had contacted TxDOT to see if they would lower the speed limit on Old Brownsville Road. Mr. Noe replied that he had asked engineering staff to see what improvements the city could make to provide a safer environment on Old Brownsville Road. Council Member Garrett also asked about conditions on Old Brownsville Road. He asked about the status of the Traffic Engineer opening. Mr. Noe replied that it was a very difficult position to recruit for, but staff was working on it. Mr. Garrett also discussed problems with noise involving a bar on McArdle and Dody, and he asked staff to look into it. Mr. Garrett asked Mr. Escobar about the removal of the hospital zone on Alameda Street. Mr. Escobar replied that staff had completed the initial survey and was repeating it for more documentation. He said the city was going to hire a traffic engineer for advice on the matter. Mr. Garrett congratulated Ms. Cheryl Soward on the city's annual report, saying it was well done. He also thanked Assistant City Manager Margie Rose for responding promptly to the Council's requests. Council Member Kelly mentioned another accident he had witnessed on F.M. 624, saying they occurred with alarming regularity. He commended the city's emergency response units for their prompt response times to the accident. He said, however, that the road was clearly over capacity, and needed to remain a high priority for the city. Mr. Kelly congratulated Mr. Cruz-Aedo on his new position and said he would be missed. He highlighted the NAACP's Martin Luther King Minutes - Regular Council Meeting January 13, 2004 - Page 23 Annual Banquet to be held on Saturday, January 17, at 7:00 p.m. at the Omni Bayfront Hotel. Council Member Scott welcomed new City Attorney Mary Kay Fischer to the city. He thanked Mr. Jorge Cruz-Aedo for his work as Assistant City Manager. Mr. Scott asked about the Council's meeting schedule for March. City Secretary Chapa pointed out that the National League of Cities Congress of Cities conference would be held in Washington, D.C. on March 9, which would interfere with the regular council meeting date. He also pointed out that March 16 was during Spring Break for many area schools. After discussion, the consensus of the Council was to cancel the March 9 and March 16 meetings. Thus, the Council decided to meet on March 2, March 23 and March 30. Mr. Scott provided City Manager Noe with information on a traffic issue in front of the seawall on the Island raised by the Portofino Condominiums. He asked Mr. Noe to respond to their concerns. Finally, Mr. Scott asked about upcoming ordinances enhancing the littering ordinance, and he asked staff to develop an anti -littering campaign, possibly with help from the private sector. Council Member Cooper also congratulated Mr. Cruz-Aedo on his new position and said he would be missed. She thanked City Manager Noe, Assistant City Manager Ron Massey and City Engineer Escobar for their town hall meeting attendance, especially Mr. Escobar. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:45 p.m. on January 13, 2004. * * * * * * * * * * * * *