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HomeMy WebLinkAboutMinutes City Council - 04/13/2004I 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 April 13, 2004, which were approved by the City Council on April 20, 2004. WITNESSETH MY HAND AND SEAL, on this the 20th day of April 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 13, 2004 - 10:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Jesse Noyola Mark Scott ABSENT Bill Kelly 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 Council Member Scott and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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. Mayor Neal called for approval of the minutes of the regular Council meeting of March 30, 2004. 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: Airport Board J. C. Ayala (Reappointed) Wayne Bennett (Appointed) Donald M. Feferman (Appointed) Board of Adjustment Robert Broadway (Reappointed) Charles Schibi (Reappointed) John Martinez (Reappointed) Gene Clancy (Reappointed) David Loeb (Appointed) Taylor Mauck (Appointed) William Tinney (Appointed) Citizens Advisory Health Board Michelle Thomas (Appointed) Food Service Advisory Committee Carlos R. Moreno (Appointed) Coastal Bend Health Facilities Development Corp. Jack Solka (Reappointed) Erika Escobedo-Benson (Reappointed) Judy Telge (Reappointed) Dr. Richard Davis (Reappointed) Annie J. Castro (Reappointed) Lawrence Wilk (Reappointed) Dan Winship (Reappointed) Sister City Committee Connie Munoz (Appointed) Water Resources Advisory Committee Bob Kent (Reappointed) Dr. Karen G. Rue (Reappointed) Herman Johnson (Reappointed) Lena Coleman (Reappointed) Dr. Jane Stanford (Reappointed) Minutes - Regular Council Meeting April 13, 2004 - Page 2 * * * * * * * * * * * ** Mayor Neal called for consideration of the consent agenda (Items 3-29). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Item 15. Council members requested that Items 6, 17, 19, 20 and 21 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 29, constituting the consent agenda, except for Items 6, 17, 19, 20 and 21, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-132 Motion approving a supply agreement with United States Security Associates, Corpus Christi, Texas, for Uniformed Guard Security Services for City Hall, Frost Bank Building, Central Library, and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI -0058-04 based on low bid for an estimated annual expenditure of $267,972.20. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2003- 2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 4. MOTION NO. 2004-133 Motion approving the purchase of thirty (30) refuse truck cart tippers from Environmental Marketing, La Grange, Texas in accordance with Bid Invitation No. BI -0081-04 based on low bid for a total amount of $58,816.20. The refuse truck cart tippers will be used by the Solid Waste Department. Funds have been budgeted by the Solid Waste Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 3 5. MOTION NO. 2004-134 Motion approving the purchase of three heavy trucks in accordance with Bid Invitation No. BI -0066-04 from the following companies for the following amounts based on low bid for a total amount of $201,976. All three units are replacements. Funding is available from the FY 2003-2004 Capital Outlay budget in the Maintenance Services Fund. Crosstown Truck Center Fleetpride Power Equipment Corpus Christi, TX Corpus Christi. TX 2 Units 1 Unit $110,419 $91,557 Grand Total: $201,976 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.a. RESOLUTION NO. 025693 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments in the amount of $10,000 for litter and illegal dumping cleanup. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.b. ORDINANCE NO. 025694 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for litter and illegal dumping cleanup. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.c. RESOLUTION NO. 025695 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments in the amount of $46,932 for local enforcement. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 4 7.d. ORDINANCE NO. 025696 Ordinance appropriating $46,932 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for solid waste local enforcement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.a. MOTION NO. 2004-136 Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen at summer youth recreation programs throughout the community. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.b. ORDINANCE NO. 025697 Ordinance appropriating a grant in the amount of $416,840 in the No. 1067 Park and Recreation Grants Fund from the Texas Department of Human Services to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.c. RESOLUTION NO. 025698 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.d. RESOLUTION NO. 025699 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide transportation services for Youth Recreation Programs. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 5 9. RESOLUTION NO. 025700 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for the Corpus Christi Festival of the Arts 2005. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 10. MOTION NO. 2004-137 Motion authorizing the City Manager or his designee to execute Amendment No. 10 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas for a total fee of $71,600, for a total re -stated contract fee of $2,200,344 for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 11. MOTION NO. 2004-138 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $174,500 for the O. N. Stevens Water Treatment Plant Facility Analysis Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 12.a. MOTION NO. 2004-139 Motion authorizing the City Manager or his designee to execute a one year option to a construction contract with Rabalais I & E Constructors, of Corpus Christi, Texas, in the amount of $58,102 for the O. N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 6 12.b. MOTION NO. 2004-140 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Agreement for Architect/Engineer Consultant Services with Onyx Engineering, Inc., of Corpus Christi, Texas in the amount of $26,374, for a total re -stated fee of $73,283 for the O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 13. MOTION NO. 2004-141 Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 14. MOTION NO. 2004-142 Motion authorizing the City Manager or his designee to proceed with the AEP proposal for the installation of new street lighting system in the amount of $151,406.55 along the seawall on Shoreline Boulevard from Power Street to Peoples Street. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 15. MOTION NO. 2004-143 Motion authorizing the City Manager or his designee to execute a construction contract with Beecroft Construction, of Corpus Christi, Texas in the amount of $1,698,704 for the Corpus Christi International Airport Transportation Security Administration United States Customs and Border Protection Offices/Facilities. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Kelly was absent; Noyola abstained. Minutes - Regular Council Meeting April 13, 2004 - Page 7 16. MOTION NO. 2004-144 Motion authorizing the City Manager or his designee to execute a construction contract with Ray's Welding Service, of Corpus Christi, Texas in the amount of$58,347.30 for the Corpus Christi Beach Boardwalk, Phase 1 project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 18. MOTION NO. 2004-146 Motion authorizing the City Manager or his designee to execute a Construction Materials Inspection and Laboratory Testing Contract with Kleinfelder, of Corpus Christi, Texas in an amount not to exceed $79,880 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 was absent. 22. FIRST READING ORDINANCE Amending Section 10-22 of the Code of Ordinances, City of Corpus Christi, regarding terms of dune protection permits and beachfront construction certificates; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 23. ORDINANCE NO. 025703 Amending Ordinance No. 15898, as amended, by approving a Revised Standard Form Industrial District Agreement; and authorizing the City Manager or his designee, to execute Industrial District Agreements based on the Revised Standard Form Industrial District Agreement and to file the Industrial District Agreements in the Official Records of the county where the affected land is located. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 8 24. ORDINANCE NO. 025704 Amending Section 1-6 of the Code of Ordinances relating to general penalties; enacting Subsection 1-6.1 relating to continuing violations. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 25.a. MOTION NO. 2004-149 Motion to amend prior to Second Reading by revising the fourth line of Section 23-63(a) by deleting the words "within the corporate limits of" and adding the word "in". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 25.b. ORDINANCE NO. 025705 Amending Section 23-63 of the Code of Ordinances relating to depositing garbage in a public place. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 26. ORDINANCE NO. 025706 Amending Section 23-67 of the Code of Ordinance relating to permitting accumulation of filth on lots. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 27. ORDINANCE NO. 025707 Amending Section 23-68 of the Code of Ordinance relating to permitting weeds and rubbish on lots. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting April 13, 2004 - Page 9 28.a. ORDINANCE NO. 025708 Amending the Zoning Ordinance of the City of Corpus Christi by revising Section 35-3, by changing the maximum fine amount from $1,000 to $2,000. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 28.b. ORDINANCE NO. 025709 Amending the Platting Ordinance of the City of Corpus Christi by revising Section XI - Penalties, by changing the maximum fine amount from $100 to $500. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 29. ORDINANCE NO. 025710 Amending the City of Corpus Christi Preservation Plan, An Element of the Comprehensive Plan, by designating property located at 402 Peoples Street as a "Potential Landmark" and by adding that one property that has been designated as a potential landmark within the Preservation Plan. (First Reading 03/30/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 6 regarding the Click It or Ticket program. Mayor Neal asked if there was any city policy exempting city employees and police officers from wearing seat belts while driving city vehicles. He said he had received a number of calls and e-mails from citizens concerned about this issue, in light of the recent death ofa police officer. City Manager Noe and Police Chief Pete Alvarez Jr. replied negatively, saying that city policy required city employees to use seat belts at all times on duty. Mayor Neal said his office was receiving at least one call a week from citizens complaining that officers enforcing the Click It or Ticket program were not using seat belts themselves. He asked how the city could reinforce this policy with their employees. Chief Alvarez replied that he had not received any direct complaints regarding seat belt use by police officers. He said his officers were very much aware of state law regarding the use of seat belts, and the vast majority used them accordingly in city -owned and personal vehicles. He said the death of Sgt. Segovia was unfortunate, especially since he was not wearing his seat belt, but he felt it was wrong for citizens to use his death as a way of expressing their displeasure with the Click It or Ticket program. He said the program was unpopular, but it was intended to save lives. He asked citizens to report any police officers not wearing seat belts on duty directly to him so he could take appropriate action. Mayor Neal replied that his only concern was that there was some unwritten policy exempting police officers from wearing seat belts during a chase, for example. He said he Minutes - Regular Council Meeting April 13, 2004 - Page 10 would direct his office to forward any citizen complaints on this issue directly to Chief Alvarez. City Secretary Chapa polled the Council for their votes as follows: 6.a. MOTION NO. 2004-135 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $35,629 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.b. ORDINANCE NO. 025692 Ordinance appropriating $35,629 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 17 regarding a contract for the Public Facilities and Improvements Project. Mayor Neal asked if this project was part of the city's effort to comply with the Americans with Disabilities (ADA) Act. City Engineer Angel Escobar replied affirmatively. He asked Mr. Escobar to explain the contract in more detail. Mr. Escobar answered that 26 different locations throughout the city were scheduled for accessibility and barrier removal improvements to parking lots, ramps, doorways, floor and wall fixtures, restrooms, and counters. Mayor Neal asked ifthis project would complete all the improvements needed on city -owned properties. City Engineer Escobar replied negatively, saying there was another list of improvements being completed in-house through the Maintenance Services department. Mayor Neal stated that the city had made a commitment to use CDBG grant funds to complete the improvements by the end of this year, and he wanted to be sure the city was on schedule. Mr. Escobar replied affirmatively. He added that the city had received good bids on the project, so staff was recommending the base bid and two additive alternates. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2004-145 Motion authorizing the City Manager or his designee to execute a construction contract with Zimmerman Construction, of Burnett, Texas in the amount of $336,100 for the Public Facilities and Improvements (Removal of Architectural Barriers) project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 19 regarding the inclusion of a Homeless Plan in the Minutes - Regular Council Meeting April 13, 2004 - Page 11 FY 2003 Consolidated Annual Action Plan. Mayor Neal asked City Manager Noe to explain the plan in more detail. City Manager Noe stated that the city was authorizing a contract with J. Quad and Associates, who developed the FY 2003 Action Plan, to amend it to include a Homeless Plan. He said there was a federal program which provided additional financial assistance to those communities with a ten-year program for addressing homeless issues. He also said it was important for the community to develop and fund a specific plan to address homeless issues. He said the city was currently operating year-to-year using the ESG (Emergency Shelter Grant) allocation to address homeless issues, but it lacked a specific plan. He said the city would benefit from working with an outside agency, the local community, and local non -profits to develop the plan. Council Member Colmenero asked how CDBG funds were being redirected to fund this program. City Manager Noe replied that leftover funds from the original contract with J. Quad and Associates were being allocated to fund the contract. He said there was no additional allocation of CDBG dollars necessary. City Secretary Chapa polled the Council for their votes as follows: 19.a. MOTION NO. 2004-147 Motion authorizing the City Manager or his designee to amend the FY 2003 Consolidated Annual Action Plan to include the development of a Homeless Plan for the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 19.b. MOTION NO. 2004-148 Motion authorizing the City Manager or his designee to execute and agreement with J. Quad and Associates, of Corpus Christi, Texas for $10,852 for developing a Homeless Plan for the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 20 regarding a boat launching facility on Packery Channel. Council Member Kinnison asked if this expenditure had been funded and approved by the TIF board as part of the original plan. City Manager Noe replied that the TIF allocation supported the federal project. He said this element was outside of the federal project, but it was consistent with the adopted plan that included recreational facilities. He said this was an attempt to obtain additional funding to support the recreational improvements not included in the federal project. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 025701 Minutes - Regular Council Meeting April 13, 2004 - Page 12 Resolution of the City Council of the City of Corpus Christi authorizing an application to the Texas Parks and Wildlife Department for assistance in funding a boat launching facility on Packery Channel, declaring the City eligible for such assistance, authorizing the City to be the local sponsor of the project, and directing and authorizing the City Manager to file the application and to execute all documents pertaining thereto. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 21 regarding a home mortgage financing program. He asked Mr. Tom Utter, Special Assistant to the City Manager, to report on this item in more detail. Mr. Utter reported that this item was good news for the city. He said at present, the Corpus Christi Housing Finance Corporation (CCHFC) had approximately $17 million in mortgage credit authority. He said the city had recently been informed that the income limits and the purchase price limitations have increased substantially. He said the Coastal Bend HFC (comprised of nine surrounding counties including Nueces County) had just received approximately $17 million in single family mortgage revenue bond authority. Under state law, he said the allocation of single family mortgage revenue bond authority was on a lottery system with a part of the selection process tied directly to the date of the most recent allocation of authority. He said the Coastal Bend HFC had approached the city to see if their population could be included within their proposed issue to make it more viable. Mr. Utter said the only disadvantage was that, per state law, the most recent date of a Corpus Christi issue, for lottery purposes, would become the date of this new Coastal Bend HFC issue. Mr. Utter stated that the good news was that the Coastal Bend HFC had agreed to allocate $4 million of mortgage credit authority to the city, increasing the city's allocation to $21 million. In addition, he said the Coastal Bend HFC would allow up to 50 percent of their entire single family mortgage bond issue to be used in the city within the first twelve months of the issue, resulting in approximately $9 million that would become available to Corpus Christi residents. In total, Mr. Utter said the city would obtain an additional $13 million for mortgage assistance. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025702 Resolution of the City Council of the City of Corpus Christi authorizing the Coastal Bend Housing Finance Corporation to issue single family mortgage revenue bonds and mortgage credit certificates to assist in financing home mortgages for homes located in the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett and Kelly were absent. * * * * * * * * * * * * * Mayor Neal referred to Item 30, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting April 13, 2004 - Page 13 Case No. 0204-04, Mostaghasi Investment Trust, Inc.: A change of zoning from a "F -R" Farm -Rural District to a "R -1B" One -family Dwelling District on Tracts 1 and 2. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 12, being 32.753 acres out of Lots 22 and 23, located along Wooldridge Road to the south and 600 feet west of Cimmaron Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1B" One -family Dwelling District on Tracts 1 and 2. Mayor Neal called for public comment. Mr. David Williams, residing on Fulton Street, stated that he wasn't opposed to the zoning change per se, but he was concerned about its effect on the traffic in the area. Mr. Michael Gunning, Assistant Director of Development Services, stated that he and City Engineer Escobar met with the neighborhood to discuss traffic issues prior to bringing the case to the Planning Commission. He said staff was considering the creation of a series of cul-de-sacs within Tract 1 to minimize traffic, and the creation of at least one through street that would connect with Wooldridge Road to relieve traffic on Fulton Street. In addition, Mr. Gunning said staff would be working with CCISD to look at a one-way traffic pattern near the school. Mr. Chesney 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: 30. ORDINANCE NO. 025711 Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, Inc., by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 32.753 acres out of Lots 22 and 23, Section 12, Tracts 1 and 2 from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal deviated from the agenda and referred to Item 32, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0304-03, Oak Properties: A change of zoning from a "A-1" Apartment House District and a "R -1B" One -family Dwelling District to a "RE" Residential Estate District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 48, being 22.867 acres out of Lots 30, 31, and 32, located along Flour Bluff Drive to the east and west of Cornerstone Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "RE" Residential Estate District. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Minutes - Regular Council Meeting April 13, 2004 - Page 14 Council for their votes as follows: 32. ORDINANCE NO. 025713 Amending the Zoning Ordinance, upon application by Oak Properties by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 22.867 acres out of Section 48, Lots 30, 31, and 32 from "R -1B" One -family Dwelling District and "A-1" Apartment House District to "RE" Residential Estate Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and referred to the presentations on the day's agenda. The first presentation was Item 34, an update on the Bayfront Master Plan. Mr. Raymond Gignac with Gignac and Associates introduced the other members of the design team working on the Bayfront Master Plan: Mr. Kevin Gordon with TVS and Associates; Mr. Kevin St. Jacques with Wilbur Smith; Mr. Andy McClain; and Mr. Alan Ward with Sasaki and Associates, who made the presentation. Mr. Ward briefly provided a historic background on the bayfront. He said in the 1930s, Water Street was directly on the water's edge, creating a close relationship between the downtown area and the waterfront. There was also a pleasure pier linking Peoples Street to the water's edge. He said the original breakwater work began in 1924, and between 1939-41, the seawall construction and land reclamation for storm protection began. He said at this point, the downtown area was pushed back from the water's edge. In 1944, Mr. Ward said the Hare & Hare Plan was developed for the bayfront, and led to the creation of Shoreline Boulevard. He noted that part of the concept at that time included the creation of two large parks to the north and south of downtown. He said this idea has reemerged in the options they would present today. Mr. Ward said there were a number of subsequent plans created in following decades, mostly aimed at creating links from the bayfront and Shoreline Boulevard back into the downtown area. The plans included the following: 1967 Harland & Bartholomew; 1982 Plan; 1989 Waterfront Management District; 2001 TVS, Gignac, Sasaki, and ARQ, created as part of the arena and convention center planning and design; and the Durrill Plan (Marina Parkway Plan), prepared by McGloin & Sween. Mr. Ward highlighted the McCutcheon Plan, prepared by Richter & Associates within the last year, which created a new basin to the south with a new breakwater. He said the beauty of the plan was that it increased the protected marine area; facilitated recreation, including boating and fishing; promoted business and residential development; and created a new wetlands habitat. He said the design team had incorporated this element into their proposed designs. He said the 2003 Minutes - Regular Council Meeting April 13, 2004 - Page 15 AIA Plan also provided a number of intriguing ideas regarding enhancements to the T -Heads and the L -Heads, and modifying the roadways. Mr. Ward discussed the scale of the waterfront in Corpus Christi compared to other cities. He said the Corpus Christi waterfront was almost two miles in length, significantly larger than in other cities, and it presented a remarkable opportunity for development. He said the scale of the bayfront reinforced the idea of creating distinctly different zones in the adjacent areas. Mr. Ward said the design team has observed in other cities that urban waterfront planning typically is geared toward integrating redevelopment of adjacent vacant parcels, creating a balance and synergy between private development and public spaces. He remarked that there were significant vacant parcels on Shoreline Boulevard. He said the public investment in the waterfront would make it more attractive and serve as a catalyst for redevelopment. Mr. Ward also discussed the importance of the careful design of streets, parking and transit. He said two planning issues were to provide access and visibility to the water, incorporating pedestrian accessibility, vehicular accessibility, and a relationship to the road. He said research shows that successful urban spaces have visibility from public roads. Mr. Ward stated that other master planning issues were to program the public space of everyday uses, such as walking, jogging, cycling, and roller blading. In addition, he said incorporating space for festivals, special events, and food and beverage service was desirable. Mr. Ward stated that other key waterfront park design issues were planting for shade, wind, and other environmental considerations, which could be challenging in a coastal microclimate. He said the Corpus Christi bayfront was currently open and exposed to the elements. Mr. Ward discussed the public input and analysis stage of the planning process to date. He noted that the design team held six public meetings before beginning the planning process. He said the team showed a number of slides of waterfronts in other cities at the meeting as a way to elicit comments. Mr. Ward discussed the results of the bayfront master plan questionnaire that was distributed to the public. He said there was substantial support for improvements to create pedestrian and walk paths; shaded benches and grassy areas; boat and fishing amenities; include food and beverage service; and bike and skate trails. He also reported that 85 percent of the respondents said they were in favor of the development of a waterfront park along the bayfront in downtown Corpus Christi. He said 88 percent of respondents felt that there should be an increase in available public parking. Finally, he said there were mixed responses to preserving the coliseum building, with 45 percent of respondents in favor and 55 percent opposed. Mr. Ward reviewed the findings from the public workshops to date. Regarding traffic and parking, he said that parking on Shoreline Drive was considered to be essential, and a view from a car was appreciated. Regarding the use of the waterfront public space, he said there was support for the following amenities: recreational use - paths, trails, bikes; more green, park -like setting; more amenities, appealing to all users; and support of small scale spaces. Regarding downtown redevelopment, he said there was support to link it to the bayfront improvements. Regarding Minutes - Regular Council Meeting April 13, 2004 - Page 16 waterside use, he said public provided the following feedback: some of the most appreciated views are to the boating activity; enhancement of access and pedestrian use of the L -heads and T -heads; upgrading the marina, adding space for large yachts; and creating a place for junior sailing programs. Regarding entertainment uses, he said the majority preferred locating these uses on North Beach. He said there was limited support for a new downtown beach. Finally, he said there was interest in the possibility for public and private adaptive reuse of the coliseum, especially by the local AIA chapter. Mr. Ward discussed the strengths and weaknesses of the bayfront today. He said the weaknesses were as follows: dominance of roads and vehicles; large surface parking lots; lack of shade; lack of landscape diversity; and lack of amenities. He said the strengths were as follows: views to water; weather; water; opportunities for water access; two miles of continuous waterfront; and uninterrupted pedestrian walkway. Mr. Ward introduced Mr. Kevin St. Jacques with Wilbur Smith Associates to discuss the realignment of Shoreline Drive and its effect on traffic. He said Mr. St. Jacques would discuss the possibility of reducing the number of lanes on Shoreline Boulevard to increase the green space, making a more attractive setting. Mr. St. Jacques described the existing traffic conditions on Shoreline Drive today. He said there were 20,000 vehicles using Shoreline Drive each weekday, and approximately 1,250 vehicles per hour at peak times. He said there were three lanes in each direction and an 80 -foot median. He said peak hour traffic is only 45 percent of capacity. He said the question was to maintain the six - lane roadway, or use a four -lane boulevard with left turn lanes to make the roadway more in tune with the atmosphere. Mr. St. Jacques provided a graph illustrating Shoreline Drive's Daily Traffic Operations at present and projected until 2025, using a six -lane scenario and the four -lane scenario. He concluded that the four -lane scenario would probably be able to handle traffic for the next 50 years. Mr. St. Jacques provided the results of his analysis of the future traffic demands on Shoreline Boulevard. He said that current morning and afternoon peak traffic is 50 percent of the capacity of the proposed four lanes with turn lanes. He said peak traffic could double within the four -lane configuration, and the roadway would be able to handle it. He said most traffic growth is projected to be off-peak, due to special events in the evening. Mr. St. Jacques also discussed the parking issues on Shoreline Boulevard. He said the current linear arrangement of parking along the corridor was supported by the public. In addition, he said there was a need for parking clustered at attractions, and a need to maintain or increase the parking supply. He concluded that the opportunities were to narrow the roadway to two travel lanes in each direction and maintain curbside parking, adding clusters of parking if necessary. Mr. Ward returned to discuss the four bayfront planning and design options. In Option 1, Shoreline Boulevard (four -lanes with left turn lanes) would be shifted to the west. He said this option would provide cross streets to the L -heads and T -heads, and would create continuous park land along the water. He said the disadvantage was that it totally removed the car from the water's edge. Minutes - Regular Council Meeting April 13, 2004 - Page 17 In Option 2, Mr. Ward said Shoreline Blvd. would be shifted to the west north of Lawrence Street. He said the benefits were that it would create cross streets to the L -heads and T -heads, and drop-offs. In addition, Shoreline would remain a waterfront boulevard along the Coliseum, and Shoreline northbound could be shifted west during weekends and festivals. In Option 3, Mr. Ward said Shoreline Blvd. could be shifted west at the downtown segment. He said the benefits were as follows: cross streets to L -heads and T -heads; Shoreline remains a waterfront boulevard along the coliseum and near the convention center; and Shoreline at the coliseum and convention center northbound could be shifted west during weekends and festivals. Finally, in Option 4, Shoreline Blvd. could run along the water downtown, and parks would be created to the north in the arts district and south. He said in this plan, a series of small parks could connect downtown at the marina; and all downtown streets would extend to the water. He said the design team was recommending Option 4 at this time, but more input from the Council and the public needed to be obtained on all the options before a final decision could be made. He said this arrangement would create multiple and flexible festival sites, the south park being more suitable for larger festivals. Mr. Ward depicted the design character of Option 4. He showed a cross-section of the proposed downtown road portion, pointing out that the four -lane road was near the water's edge, and provided continuous curbside parking. In addition, the road was shifted slightly away from the water's edge to create two zones for pedestrian use. Mr. Ward described several downtown park opportunities, including view corridors, sculpture gardens, interactive water features, and water gardens. He also showed a plan for a park at the Peoples Street T -head which could serve as a focal point for the waterfront. Mr. Ward showed a cross-section of the proposed North Waterfront Park, in which the roadway was shifted to the west and the park was alongside the water's edge. He said a focal point, such as a sculptural piece with a pedestrian bridge, would be impressive at the end of I-37 where it meets the water, serving as a powerful symbol of the city for visitors. Mr. Ward briefly discussed ideas for the South Waterfront Park. He said the design team was in support of the adaptive reuse of the coliseum, suggesting the addition ofa "pleasure pier" and additions of park space. Mr. Ward reemphasized how the bayfront park could serve as a catalyst for downtown development. He showed how the various streets in the bayfront park area all led to downtown. Finally, Mr. Ward described the next steps in the process as follows: determine the direction and preferred option for the Master Plan; determine the conceptual costs; develop phasing and funding strategies; and develop a project and schematic design. In addition, Mr. St. Jacques provided an animation of how Shoreline Boulevard would function as a four -lane roadway with left - turn lanes. Council Member Colmenero asked if the plan had incorporated the RTA's proposed streetcar system along the waterfront. Mr. Ward replied that the RTA had made presentations on the Minutes - Regular Council Meeting April 13, 2004 - Page 18 proposed streetcar system at the public meetings. He said the public response indicated a lack of support for locating the transit line along the waterfront, citing serious concerns about the streetcar system competing with other uses along the waterfront and aesthetic issues. He added that good transit planning normally locates the transit line where it is shared by a population on both sides of the line, which would not occur if the line was sited on Shoreline Boulevard. Mr. Gignac also said that the RTA had indicated that their viability study would not be complete until this summer, which was well beyond the design's team deadline to complete their study. He said, however, that a transit line on Shoreline Boulevard could be incorporated into the design if needed. Mr. Garrett expressed concern about ensuring pedestrian safety in getting from the downtown hotels to the waterfront. Mr. Gignac replied that if the public and the Council were to embrace Option 4, the major downtown hotels would lead out directly to a park. Thus, pedestrians would navigate a much shorter crossing across a smaller roadway from the park to the water's edge, very different from today's scenario. Mr. Ward added that the plan added more intersections, fewer lanes of traffic, and wider sidewalks, combining to foster pedestrian safety. Mr. Garrett commented that Option 4 seemed to provide continuous views of the water. Mr. Ward replied that the view would actually be obscured momentarily on Shoreline near the proposed South Waterfront Park by the coliseum, then the water came back into view near the marina and downtown. He said this added a sense of drama when approaching the city from the south. Mr. Garrett asked if the design team had taken into account the continuous wind that pervades the area. Mr. Gignac replied that the wind conditions would have to be taken into consideration when planning for plant material and sheltered areas. Mr. Ward added that glass screens and panels have been used in other cities to provide shelter from the elements. Regarding the planting materials, he recommended planting trees in groves so they could shelter each other. He said the design should avoid overly geometric landscapes because the wind would alter them. He also said native trees like mesquites matured in interesting forms in response to the coastal microclimate. Mr. Scott was appreciative that the team had incorporated aspects of previous designs in their plan, especially Dr. McCutcheon's suggestion to add a breakwater. Mr. Scott asked the team to look into Mr. Veteto's plan for the coliseum further. Mr. Scott also commented about the wind conditions in the city. He observed that most Texas coastal cities, except Rockport, relied on manmade shade structures rather than natural shade from trees. He asked if the design team felt they could incorporate trees for shade into the landscaping. Mr. Ward replied that it was a serious issue that would be considered in the landscape plan. He said manmade structures such as pavilions could also be incorporated to provide shade and shelter. Mayor Neal called for a brief recess to present proclamations. ************* The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. John Nelson, 7125 Cano Lane, expressed concern about tax increases. Mr. Jack Gordy, 4118 Minutes - Regular Council Meeting April 13, 2004 - Page 19 Bray Drive, spoke regarding the City Council's Chamber of Commerce dues. Mr. Rolando P. Garza, 2854 Alvin Drive, spoke regarding the City Employees Union's relationship with the City Council. Mr. Sirfrederickvonusa King 7th, 905 Cleveland Street, spoke regarding the closing of AEP power plants in the area. Mr. Wayne Hodge, President of the Corpus Christi Police Officers Association on 3122 Leopard, spoke regarding the need for more police officers. Mayor Neal called for a brief recess. ************* The Council returned from recess, and Mayor Neal deviated from the agenda and referred to Item 31. A motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. C0304-01, City of Corpus Christi: A change of zoning from a "R -1B" One -family Dwelling District to a "R -1C" One -family Dwelling District. The property is in Airport Park Subdivision, Block 4, being the south 48 feet of Lot 5, located along Post Avenue to the east and 150 feet south of Eastern Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1C" One -family Dwelling District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 025712 Amending the Zoning Ordinance, upon application by the City of Corpus Christi by changing the zoning map in reference to Airport Park Subdivision, Block 4, south 48 feet of Lot 5 from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal referred to Item 33, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0304-04, Asset Max, L.P.: A change of zoning from a "R -1B" One -family Dwelling District to a "AT" Apartment Tourist District. The property is in Padre Island, Section E, Block 2, Lots 1 and 2, located along Aruba Drive to the east and 200 feet west of Leeward Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval Minutes - Regular Council Meeting April 13, 2004 - Page 20 of the "AT" Apartment Tourist District. No one appeared in opposition to the zoning change. Mr. Chesney 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: 33. ORDINANCE NO. 025714 Amending the Zoning Ordinance, upon application by Asset Max, L. P., by changing the zoning map in reference to Padre Island, Section E, Block 2, Lots 1 and 2, from "R -1B" One -family Dwelling District to "AT" Apartment House District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. * * * * * * * * * * * * * Mayor Neal referred to the remaining presentations on the day's agenda. The next presentation was Item 35 regarding the status of Air Quality Planning and Research in the Corpus Christi Urban Airshed. Mr. Bill Hennings, Chairman of the Corpus Christi Air Quality Committee, reported that the our urban airshed is currently in attainment of the National Ambient Air Quality Standard (NAAQS) for Ozone. He said the committee has actively promoted programs to maintain that status, including the execution of an 03 Flex Agreement with the US Environmental Protection Agency and the Texas Commission on Environmental Quality. He said the first progress report required under that agreement was prepared for submission to these agencies. He referred to a chart depicting annual maximum ozone levels, noting that ten years ago, the community was on the verge of being declared in non -attainment for ozone. However, he said in ensuing years, progress has been made to reduce the levels, despite the effects of growth. Mr. Hennings stated that for the last several years, he has mentioned a new proposed ozone standard based on an eight-hour average instead of a one-hour average. He said the standard had still not been fully implemented due to a series of delays. He said the implementation has reached the point where recommendations have been made by the governor for a designation of non - attainment areas, but Corpus Christi was not one of them. He said, however, that the city remained close to exceeding the standard. Thus, he said the proactive measures taken over the past several years needed to be continued. Mr. Hennings mentioned one significant project that the committee was recommending this year, the remote vehicle exhaust emissions sensor. He said this device measured the pollution from exhaust pipes of vehicles as they drove by. He said the device would be used to identify the five percent of cars and trucks that produce 60 percent of vehicle pollution. He said the expectation was that most of the owners of the polluting vehicles would voluntarily repair their vehicles upon notification. Minutes - Regular Council Meeting April 13, 2004 - Page 21 Mr. Hennings discussed another measure on the planning horizon, the promotion of a telecommuting program in the community. He said the goal of the program was to provide individuals with the option to work out of their homes some days of the week, rather than commute to the office. He said they would work with the Chamber of Commerce and various businesses to promote this measure. Mr. Hennings discussed two other areas of committee activity. First, he briefly discussed fine particulate matter pollution, one of the NAAQS standards for pollution. He said they have learned that the community will be in attainment with the proposed new standard in this area. He mentioned that the largest source of fine particulate matter in the city was the fireworks on New Years Eve. Second, he reported on benzene monitoring levels, being monitored at a site on Huisache Street. Although there was no ambient air standard for benzene, there were environmental screening levels which are set at an order of magnitude less than the levels believed to be harmful to health. He said the benzene levels recorded on Huisache Street were found to be somewhat above the environmental screening levels. Consequently, he stated that a number of industries in the area have jointly undertaken a more intensive monitoring program to identify sources and eliminate them. Mr. Hennings thanked the Council for their leadership and support in keeping the city's air clean. Mayor Neal thanked Mr. Hennings for his efforts. The next presentation was Item 36, a report on the Proposed Vacant Building Ordinance. Assistant City Manager Margie Rose reported that the goals of the proposed ordinance were as follows: establish a program for identification and registration of vacant properties; determine the responsibilities of owners of vacant buildings/structures; and provide for administration, enforcement and penalties. Ms. Rose said one of the purposes of today's presentation was to provide a concrete definition of a vacant building. She said that according to the ordinance, a vacant building or structure means a building or structure that is any of the following: unoccupied and unsecured; unoccupied and secured by other than normal means; unoccupied and dangerous; unoccupied and condemned; occupied by unauthorized persons and unsecured; occupied by unauthorized persons and secured by other than normal means; unoccupied with two or more property maintenance code violations within the previous 12 months; condemned and illegally occupied; and unoccupied for a period over 365 days and during which time the administrator has issued an order to correct any nuisance condition. Ms. Rose discussed the first goal of the ordinance, to establish a program for identification and registration of vacant properties. She said the ordinance would require the owner to register the vacant building/structure with the City within 30 days after the vacant building/structure was vacant. She said the city would provide a registration form that will request basic information. She highlighted one area of the registration form that would require the owner to show a plan and timetable for returning the building/structure to the appropriate use or for demolition of the vacant building/structure. Finally, Ms. Rose stated that if ownership of the building/structure is transferred, the new owner must register or re -register the building/structure within 30 days of transfer. Ms. Rose reviewed the proposed fees in the ordinance. She said the annual registration fee was $360. She said, however, that if the owner submits a change or amendment to the registration Minutes - Regular Council Meeting April 13, 2004 - Page 22 plan and timetable, they would pay half of the annual vacant building/structure registration each time a change or amendment is submitted to the city. Ms. Rose then discussed the second goal of the ordinance, to determine the responsibilities of owners of vacant buildings/structures. She mentioned the responsibilities as follows: the owner must clean the vacant building/structure; the owner must secure, or board up, the vacant building/structure in accordance with the "board up" specifications in this ordinance; if the boarding up fails to keep the building secure, the owner must install a fence around the structure; if boarding, fencing, and/or using electronic monitoring systems or other methods fail to secure the building/structure, the owner must have a watchman on duty at certain times during the day until the building is either legally occupied or demolished; the City may inspect any premises to ensure compliance; the City may assess a re -inspection fee of $100 against the owner for each re -inspection for continuous monitoring to ensure compliance; and the Council will receive a list of current and previously vacant building/structures every six months. Finally, Ms. Rose discussed the third goal of the ordinance, to provide for administration, enforcement, and penalties. She said that once the city found a violation, the owner would be served with written notice and an order to abate. She said the owner may be given 60 calendar days to abate. If the owner failed to abate, however, she said the City may, without further notice, abate the violation. She said the owner becomes liable for any costs incurred by the city, including administrative expense, materials and labor. She said if the owner fails to pay when invoiced, the City will file a lien on the property for expenses incurred. She noted that the owner may appeal any decision of the city to the Building Standard Board. She said a violation of ordinance was punishable by a fine up to $2,000, and any person convicted of a subsequent violation of this ordinance may be fined not less than S500, nor more than $2,000. Ms. Rose briefly discussed the exemptions in the ordinance. She said a building/structure that suffers fire damage is exempt from the registration requirement for a period of 90 days after a fire, if the owner submits a request for exemption in writing to the City. She added that the owner will be requested to provide pertinent information. Mr. Colmenero spoke in support of the proposed ordinance. He asked how long it would take to implement the ordinance. Ms. Rose replied that a public information campaign would first be initiated, followed by implementation. She said the implementation should not take long. Mr. Scott asked if the Downtown Management District had received a copy of the proposed ordinance. Ms. Rose replied affirmatively, saying that staff was awaiting their feedback. Mr. Scott asked if the proposed ordinance was suggesting other methods of securing buildings besides boarding them up. First Assistant City Attorney Jay Reining answered that the ordinance was designed to use "progressive discipline", giving property owners the flexibility to use locks on doors and windows, for example, before moving to more severe measures such as boarding up or hiring a watchman. Ms. Rose said the city does not want to encourage boarding up as the first option; rather, the code enforcement administrator would work with the property owner to find alternatives. Mr. Scott spoke in support of this, because boarding up a property could devalue neighboring properties. Mr. Kinnison pointed out that although the downtown area immediately came to mind as the Minutes - Regular Council Meeting April 13, 2004 - Page 23 primary source of vacant buildings, this ordinance was in effect citywide. City Manager Noe added that there were other neighborhoods that have similar problems with vacant buildings, and the NIP program would use this ordinance as an important tool. Mr. Kinnison asked when the ordinance would be implemented. City Manager Noe said he had asked staff to present it to the DMD, local realtors, and the Chambers of Commerce first. He said hopefully, staff would be able to bring this item back for consideration at the next Council meeting, if they could obtain sufficient input. If not, then he said the item could come back in two weeks. The next presentation was Item 37, the second quarterly report of the Benefits/Risk Management Fund. Ms. Cynthia Garcia, Director of Human Resources, began the presentation by discussing the health benefits plans. She showed a graph depicting health benefits claims activity from August 2001 to January 2004. She pointed out that the claims numbers for the last three months had appeared to decline and stabilize. She showed another graph depicting the dollars paid by plan including prescriptions through the end of February 2004. She noted that the costs have declined since October to a more reasonable level, and appear to have stabilized. Ms. Garcia said staff was monitoring claims and costs activity closely. She said they anticipate upward movements in cost because deductibles and out-of-pocket expenses are being met by this time of year. Nonetheless, she said staff remained cautiously optimistic. Ms. Garcia showed two more graphs illustrating the cost per claim and expected cost per member for each health benefits plan (Citicare, Police and Fire). She said the Public Safety and Fire plans were richer plans, resulting in higher costs per member. Finally, Ms. Garcia discussed a comparison of FY 2003-04 year-end claims estimates and FY 2004-05 budgeted claims. She noted that premiums were raised 20 percent in FY 2003-04, resulting in a budget amount of $17,676,000 for health insurance. She said if utilization and costs continued as the trend lines shown earlier, she estimated that the final costs should be approximately $15,017,000. For FY 2004-05, she said the actuarial analysis of incurred but not paid costs (IBNR), inflation rates, and future experience projected increases in Citicare of 15 percent, Fire - 14 percent, and Police - 19 percent. She said these increases would cover the estimated 12 percent inflation in medical costs, and begin to create a reserve for INBR costs. Mr. Quentin Masters, Benefits Manager, explained that the reserve fund would allow for more stability in the plans. Ms. Garcia then reported on the status of the Workers' Compensation and Liabilities plan. She said the number of claims filed for the first six months of FY 2004 were comparable to those incurred in the first six months of 2003. She said, however, that the incurred costs for these cases has increased because of the increased cost of medical services and the inflation in medical costs. Ms. Garcia then reviewed the incurred costs by department. Mr. Scott noted that the there were dramatic increases in the Police department's costs. Ms. Garcia also referred to graphs detailing types of claims for the first six months of the fiscal year and types of injury. She noted that strains were still the most common type of injury reported, but said that compared to other fiscal years, the numbers have decreased. She attributed the decrease to improvements in employee training. Mr. Kinnison asked what percentages were being projected for health insurance increases. Assistant City Manager Mark McDaniel stated that at this time, staff was projecting 10 percent increases for at least the next two years for all three plans. He said the actuary has proposed this number because of national trends in health care, but staff would evaluate this every year. M inutes - Regular Council Meeting April 13, 2004 - Page 24 The final presentation was Item 38, regarding a City Hall Space Utilization and Needs Analysis and Proposed Renovations by the design consultant. Mr. John Dykema with Dykema Architects, provided the results of the needs analysis. He said the process began several months ago, and included interviews with each department head to determine their needs. He noted that each department said they would like more conference rooms. He also reviewed the AC system to see if improvements could be made to provide better humidity control and climate control of the building. In addition, he said he reviewed the ongoing problem with leaks in the building. Then, Mr. Dykema said he looked at various cosmetic issues, such as carpet and paint. Finally, Mr. Dykema said cost estimates were made to address these issues. Mr. Dykema reviewed the proposed renovations for the basement to the Fifth Floor of City Hall. He said the Park and Recreation Department would be relocated to the Third Floor (from First and Second Floors). He noted that Senior Community Services would remain on the First Floor, and next to them, the Call Center would be created. He said the City Secretary's Office and the Mayor's Office would expand on the First Floor, the Human Relations department would move to the First Floor, and adjustments to the Human Resources/Neighborhood Services would be made on the Second Floor. Next, he said MIS would expand to the Fourth Floor and in the Basement along with the relocation of Field Services. He said the Legal Department would expand on the Fifth Floor, while the offices of the City Manager, Assistant City Managers, Safety, Finance and Engineering would be adjusted and changed. Mr. Dykema concluded that as a result of the project, the building would receive a cosmetic facelift, climate -control improvements, water intrusion issues would be addressed, and employee workspaces would generally be improved. He felt the net results would improve employee morale and efficiency. Mayor Neal asked for a timeline on the project. Mr. Dykema replied that the project would take approximately two years. He said the complicated part was timing the changes to minimize lost time from work. Mr. Kinnison asked how much of the money from the settlement was being set aside for the improvements. City Manager Noe replied that there was actually $6 million in settlement money which the Council had set aside for one-time improvements. He said the proposed renovations would cost approximately $2.6 million. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 39 regarding a contract for architectural services for the City Hall Renovation Phase 2 Project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 39.a. ORDINANCE NO. 025715 Ordinance appropriating $210,000 from unappropriated settlement proceeds in City Hall Capital Improvement Program Fund No. 3160 for architectural services for the City Hall Minutes - Regular Council Meeting April 13, 2004 - Page 25 Renovation Phase 2 Project; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $210,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 39.b. MOTION NO. 2004-150 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $194,000 for City Hall Renovation Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 40 regarding a contract for the design and fabrication of the airport art piece. Ms. Linda Hodge, Assistant Director of Programs for the Park and Recreation Department, made a brief presentation on the proposed piece by Ms. Shan Shan Sheng, a Chinese-American artist from California. Ms. Hodge briefly described the piece as a hanging mobile made of large pieces of glass, and she provided a photograph of what the piece would like in the airport. She said it was an abstract piece, but the bright colors and interesting design would appeal to all. She noted that Ms. Sheng's project had been chosen out of 52 proposals. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 40. MOTION NO. 2004-151 Motion authorizing the City Manager or his designee to execute a contract with Shan Shan Sheng in the amount of $106,000 for the design and fabrication of the airport art piece. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Noyola, voting "Aye"; Scott and Kelly were absent. * * * * * * * * * * * * * Mayor Neal announced the executive session, which was listed on the agenda as follows: 41. Executive session under Texas Government Code Section 551.087 for deliberations relating to an offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action related thereto in open session. The Council went into executive session. * * * * * * * * * * * * * Minutes - Regular Council Meeting April 13, 2004 - Page 26 The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe announced an open house at the new fire station on the island tomorrow afternoon. He said the City/County Health District was assembling a number of vaccination teams to administer vaccinations at target CCISD schools from April 14- May 14. He said on April 14, the LEPC would hold a full-scale drill at the O.N. Stevens Water Plant . He said the Environmental Programs section, in cooperation with the Daisy Girl Scouts, would hold a tree planting ceremony on April 15 at 4:00 p.m. in honor of Earth Day. He announced that there would be a series of community meetings to obtain input on the Bayfront Master Plan. He said there would be a meeting today at 6:00 p.m. at the Convention Center on this subject. He also said an interactive meeting would be held live on CCTV on April 15. Finally he mentioned a number of items scheduled for the April 20 meeting: CDBG hearings (scheduled for 2:00 p.m.); vacant building ordinances; Bond 2004 discussion; and the Padre Island Development plan. Mayor Neal called for Council concerns and reports. Mr. Noyola asked if the public had been informed that the CDBG hearings had been changed from 6:00 p.m. to 2:00 p.m. Mayor Neal said the city had provided as much public notice as possible about the time change. He said the change had been made due to the change in the start time for the council meetings. Mr. Scott announced that on Wednesday evening, an Open House on the I-69 Corridor would be held at the TxDOT training room from 6:00 p.m. to 9:00 p.m. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:45 p.m. on April 13, 2004. * * * * * * * * * * * * *