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HomeMy WebLinkAboutMinutes City Council - 05/30/2000I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of May 30, 2000, which were approved by the City Council on June 13, 2000. WITNESSETH MY HAND AND SEAL, this 13th day of June, 2000. ando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 30, 2000 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero* Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria* John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe Assistant City Attorney Jay Reining City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Charles Richardson, Calvary First Baptist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member John Longoria. 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 bond program public hearing of May 22, 2000, and the regular Council meeting of May 23, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, said some of the comments made by Council members last week regarding the Council reports portion of the meetings were similar to the arguments made by members of the audience concerning the public comment portion of the meetings. Mr. O'Brien said he thought there should be a prohibition against the Council engaging in deliberations during Council reports. He referred to a letter from the Attorney General to a private citizen in response to concerns regarding public comment during Council meetings. Mr. O'Brien agreed with Council Member Gonzales that the City Attorney had merely issued an opinion on the subject, and he added that five citizens have challenged the City Attorney's statement that a loan is not a transfer. *Council Members Javier Colmenero and Betty Jean Longoria arrived at the meeting. Mr. Jack Gordy, 310 Norton St., said there is a city ordinance which makes it illegal to drink alcoholic beverages in any city park or parking lot that is connected to a city park. He said he has witnessed people drinking alcohol in parking lots along Leopard Street. He urged the Council to amend the wording of the ordinance to prohibit the consumption of alcohol on city property. He also Minutes - Regular Council Meeting May 30, 2000 Page 2 discussed political signs that are illegally in place long after the election. Mr. Abel Alonzo, 1701 Thames, said the Council will need to put their individual agendas aside and reach a consensus on necessary reductions in the FY 2000-01 city budget, such as employee's positions. He reminded the Council of the upcoming bond election and the importance of passing a balanced budget. Mrs. Debbie Lindsey -Opel, 4326 Kostoryz, announced two upcoming performances in the "Shakespeare in the Park" series: "Romeo and Juliet" on June 3rd and "Comedy of Errors" on June 4th. She said Cole Park offers a very unique venue for those performances. Ms. Rebecca Brenia, 6225 Saratoga, an employee of U.S. Cellular, said she has been working with Mrs. Lindsey -Opel on the "Shakespeare in the Park" performances. She commended Ms. Chris Barnes and Mr. Dan Whitworth of the Park and Recreation Department for their efforts. City Secretary Chapa announced that Item 14, zoning case number 0400-01, Marshall Company, had been withdrawn by the applicant. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-11). Council members and audience members requested that Items 8 and 11 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M2000-161 Motion approving the purchase of Graphical User Interface (GUI) from Tiburon, Inc. software for public safety dispatching stations in the amount of $46,153. The award is based on sole source and will be used by the Police Department. Funds are provided through the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3. M2000-162 Motion authorizing the City Manager or his designee to execute a construction contract with A -Plus Paving and Construction, Inc. for a total fee not to exceed $74,000 for Minor Storm Drainage Improvements at the following three locations: 1) Philip Drive at Queen Drive (north end); 2) Philip Drive at Queen Drive (south end); and 3) Yorktown Boulevard at Rodd Field Road Intersection. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting May 30, 2000 Page 3 4. M2000-163 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $46,452.50 with EPSCO International for construction of the Oso Water Treatment Plant West Walkway Grating and Structural Support Replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M2000-164 Motion authorizing the City Manager or his designee to execute an agreement with the General Land Office of the State of Texas granting an easement for use in roadway/bridge and utility construction (Spur 3, Phase 2 Ennis Joslin from Ocean Drive to South Padre Island Drive), over the Oso Bay, State Tract C for consideration of $26,930. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M2000-165 Motion authorizing payment of the Special Commissioners' condemnation award of $120,000 for the acquisition of Parcel No. 27 located on Ennis Joslin Road between Del Oso and Nile Drive in connection with the Spur 3, Phase 2 Improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.a. M2000-166 Motion authorizing the City Manager or his designee to accept a grant in the amount of $55,038 from the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.b. ORDINANCE NO. 024047 Ordinance appropriating $55,038 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund; transferring $5,925 from the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. Minutes - Regular Council Meeting May 30, 2000 Page 4 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. ORDINANCE NO. 024048 Ordinance abandoning and vacating all the easement rights granted originally to Houston Natural Gas Corporation and assigned to the City of Corpus Christi, as successor in interest thereto, to a 246,044 -square foot portion of a blanket easement within Lot 1, Oso Farm Tracts; recorded in Volume A, Page 49 of the Map Records of Nueces County, Texas; subject to compliance with the specified conditions and the owner, SVD Realty, L.P., replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. ORDINANCE NO. 024049 Ordinance abandoning and vacating a 3,408 -square foot portion of a 10 -foot wide utility easement out of Lot 6, Block 10, Schanen Estates Subdivision; and requiring PAW Properties, LTD, owner of said property 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 passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************ * Mayor Neal opened discussion on Item 8, low-income housing tax credits. Mr. Abel Alonzo thanked Mr. Tom Utter, Assistant City Manager for Development Services, saying he has worked very hard to ensure that low-income people are given the opportunity to live in the most inclusive environment possible. He added that he hopes apartment complexes like this will be the model for the future. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 024046 Resolution of the City Council of the City of Corpus Christi supporting and endorsing Holly Park Apartments in its application for Year 2000 Low Income Housing Tax Credits through the Texas Department of Housing and Community Affairs. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes - Regular Council Meeting May 30, 2000 Page 5 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, lease agreement with the Veterans Band. Mr. J.E. O'Brien said the Veterans Band of Corpus Christi is a major asset of this community and he strongly supports the proposed ordinance. Mr. Ram Chavez, musical director and founder of the Veterans Band of Corpus Christi, said they expressed their appreciation to the city, specifically Mr. Utter and Mr. Jim Boggs. Mayor Neal praised the Veterans Band for their work. Responding to Council Member Kinnison, Mr. Utter said that with one exception, the city can execute leases up to 60 years. The leases in the Bayfront Arts and Science Park are typically for 20 -year terms. City Secretary Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty year lease agreement with the Veterans Band of Corpus Christi, Texas for the Buddy Lawrence House located at Heritage Park (Lots 4, 5 and 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to be used for operations of the Veterans Band of Corpus Christi, Texas in consideration of one hundred and fifty ($150) monthly and interior maintenance of the facility. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 12. Case No. 0200-03. Anna K. Moore: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District on Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located on the southwest corner of Ayers Street and Ocean Drive. City Secretary Chapa said the Planning Commission recommended denial of the "AB" District, and in lieu thereof, approval of a special permit for medical and professional offices subject to a site plan and five (5) conditions. He said the Planning staffs recommendation was denial of the "AB" District. The ordinance on the agenda reflected the Planning Commission's recommendation. Mr. Michael Gunning, Director of Planning and Development, gave a computer presentation on the zoning case. He noted that all of the properties south of Elizabeth Street along Ocean Drive Minutes - Regular Council Meeting May 30, 2000 Page 6 to Louisiana Parkway retain residential zoning (either single-family or multi -family). He said the Southeast Area Development Plan recommends that that area along the Ocean Drive frontage remain residential. Mr. Gunning said staff believes that if an outright zoning change or a special permit is granted for the subject property, it will penetrate the Ayers Street barrier. Responding to Council Member Colmenero, Mr. Gunning said the subject property is immediately surrounded by residential properties. Mayor Neal called for public comments. Ms. Donna Rapado expressed concern about the possibility of people parking in the alley behind the subject property. Mr. Gunning replied that the garage building behind the existing two- story apartment on the subject property will be removed to make room for additional parking. He said he discussed the proposed site plan with the city's traffic engineering staff and they felt there would be sufficient room for cars. Mr. William Allen, President of the Del Mar Neighborhood Association, said the association is opposed to the proposed zoning change from "A-1" to "AB" zoning. He said they agree with city staff that the "AB" zoning should be denied, and they cautiously agree to the special permit with five conditions. Mrs. Dorothy Spann, Chairperson of the Street Improvements and Zoning Committee of the Del Mar Neighborhood Association, described the association's long-time involvement in the neighborhood. She said they agree with city staff about maintaining the residential character of Ocean Drive south of Ayers Street. She also expressed concern about the possibility of dental offices being opened on the subject property and she questioned Ocean Drive access. Responding to Council Members Betty Jean Longoria and Scott, Mrs. Spann said the association cautiously supports the Planning Commission's recommendation with the inclusion of the stronger language for the special permit she described previously. Dr. Steven Rush, 409 Del Mar, husband of the applicant, said he is a board-certified general surgeon. He said he is not interested in having a dentist share that facility but he did want to include another surgeon. He said there is no access to Ocean Drive from the subject property. He said he has acted in good faith and is not interested in commercializing Ocean Drive, which is the same position of the Del Mar Neighborhood Association. Mr. Hal George, an attorney representing the applicant, Ms. Anna K. Moore, said they support the Planning Commission's recommendation for a special permit for medical and professional offices. He said the bungalow on the subject property fronting Ocean Drive and the back part of the property where the medical offices will be located will be upgraded and improved. He said a medical office will have less of an impact on infrastructure than apartments. He added that an old garage will be demolished for parking space. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Minutes - Regular Council Meeting May 30, 2000 Page 7 Responding to Mr. Longoria, Mr. Utter said if the Council approved the Planning Commission's recommendation, the subject property would retain its "A-1" zoning but would be granted a special permit for medical and professional offices with five conditions. Mayor Neal pointed out that staff was recommending denial of the zoning change. Mr. Gunning further explained the Del Mar Neighborhood Association's position, and Mr. Utter discussed the terms of the special permit and the reason staff was opposed to the rezoning. Mr. Utter pointed out that in the proposed ordinance, the description of the second special permit condition varies slightly from the wording in the minutes of the Planning Commission meeting (page 97 of the background material). Mr. Chapa said the Council would have to amend the ordinance to include the wording changes explained by Mr. Utter. Mr. Scott made a motion to amend the ordinance as stated, seconded by Mrs. Longoria, and passed. Mr. Chapa then polled the Council for their votes on the amended ordinance as follows: 12. FAILED TO PASS from "A 1" Apartment IIouse District to "A 1" Apartment IIouse District with a Special existing Comprehensive Plan. The foregoing ordinance failed to pass by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "No." ************* Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 13. Case No. 0400-03. William R. Janelle: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Windsor Park Unit 4, Block 23, Lot 9, located on the southwest corner of Burney and Lansdown Drives. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of an "AB" Professional Office District with a "SP" special permit for a dental lab subject to three (3) conditions. Mr. Gunning gave a computer presentation on the proposed zoning change. No one appeared in opposition to the zoning change. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting May 30, 2000 Page 8 13. ORDINANCE NO. 024050 Amending the Zoning Ordinance upon application by William R. Janelle, by changing the zoning map in reference to Lot 9, Block 23, Windsor Park Unit 4, from "R -1B" One -family Dwelling District to "AB" Professional Office District with a Special Permit for a dental laboratory subject to three (3) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal called for a brief recess. * * * * * * * * * * * * * 14. WITHDRAWN the zoning map in reference to approximately 2.96 acres, consisting of Lot 1, Block 1, Tract 8 and north portion Tract 12, Fallins Riverside, ("1.499 acrcs") by changing "2.96 acres" from "F R" Farm Rural District to "AB" Professional Officc District and by changing "1.499" acrcs from "R 1B" One family Dwelling District to "B 1" Neighborhood Busin * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, consolidated emergency dispatch center. Capt. Leonard Scott, Technical Services Manager of the Corpus Christi Police Department, gave a computer presentation on the proposed dispatch center, known as Metrocom. He explained that consolidation of those services has been a goal of the CCPD and the Nueces County Sheriff's Department for over a decade due to their overlapping jurisdictions, use of the same radio and computer systems, and similar 911 systems. He said the goal of Metrocom is to combine the two dispatch centers to provide a center to process all public safety calls for the city and county. Other agencies can be included in the center in the future. Capt. Scott said the county has agreed to pay $70,000 of the direct cost to accommodate the county into the city's communication center. He said the city will administer the center under an adopted set of operating procedures and budget to be developed by the Systems Operations Committee as established by the interlocal cooperation agreement and approved by the Metrocom Minutes - Regular Council Meeting May 30, 2000 Page 9 Board, which consists of the County Judge and the Mayor of Corpus Christi. In addition, Capt. Scott described the composition of the Systems Operations Committee: Nueces County Sheriff (or his representative); member named by the Nueces County Commissioners Court; C.C. Police Chief (or his representative); C.C. Fire Chief (or his representative); city representative; RTA representative; and a non-city/county representative elected by other Metrocom public safety dispatch system users (should there be any in the future). Capt. Scott then described the phases and timing of the consolidation as well as costs associated with it. Mayor Neal recognized Nueces County Sheriff Larry Olivarez and C.C. Police Chief Pete Alvarez. Sheriff Olivarez said he felt the city and county had reached an agreement that is in the best interest of both entities. Chief Alvarez said they had had a fruitful meeting that morning addressing the Sheriff's concerns and they will continue to work with him as the center progresses. Several Council members commented on the significance of this project and thanked those involved. Mr. Abel Alonzo said it was good to see the county and city working together on this project but he noted that the RTA is also a participant, which will benefit those who utilize public transportation. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 024051 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to implement a consolidated emergency dispatch center. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, Frost National Bank building lease. Mr. Angel Escobar, Director of Engineering Services, explained that in June 1999 staff presented to the Council a needs assessment that looked into the space requirements for City Hall, City Hall Annex, Police Department, Municipal Court and Fire Administration. Staff evaluated six proposals and determined that the least expensive one was $4.86 per square foot per year as proposed by Frost Bank. He said staff also evaluated the possibility of constructing a new building but Frost Bank's proposal was still less expensive. Mr. Escobar said the proposed 21 -year lease is for the city to utilize 41,289 square feet and for the bank to continue using 11,301 square feet, for a total of 52,590 square feet. In addition, there would be no rental fee to the city for the first two years. The agreement also provides the city up to $500,000 to pay for any repairs or building remodeling, which includes the architect's fee, to allow Minutes - Regular Council Meeting May 30, 2000 Page 10 the city to utilize the building areas as described. He added that the lease contains a cancellation option, which he explained. Mr. Escobar said the bank will install separate utility and electricity meters so as to separate utility usage. Mr. Escobar and Mr. Ken Kohrs, Manager of Property and Land Acquisition, further described other aspects of the lease, including the purchase option. City Manager Garcia pointed out that part of staffs plan is to utilize the first floor of the Frost Bank building for a "one-stop" development or business service center, which is one of the Council's priorities. Responding to Mayor Neal, Mr. Kohrs described how the $500,000 is built into the long-term lease payments. He also discussed the payment schedule and the timing of the building's occupation. Mr. Garcia said their intent is to exercise a purchase option at some point during the lease agreement and they wanted to ensure that the city's rental payments were credited toward that, which he explained. A discussion ensued about the purchase option, taxes, and the small business development center. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said the Council has to determine whether the city needs that facility and whether it is vital to future city operations. He said the upfront costs appear to be reasonable but he expressed concern about the long-range implications. Mr. Garcia said staff wanted to negotiate a fixed purchase price, but the bank's position was that they were loaning the city $500,000 and granting a below-market rental rate. Consequently, they were unwilling to lock in a fixed price until the ninth year. He said if the city wishes to purchase the building anytime prior to the ninth year, they will have to negotiate with the bank. Council Member John Longoria questioned whether this item could be considered on two readings. Mr. Garcia replied that he had promised Frost Bank that staff would try to have an answer by the meeting that day. Mr. Mike Carrell, President of Frost Bank, said the bank has a lot of cost associated with the building and they need the full 20 -year term to burn off the depreciation. Responding to Council Member Colmenero, Mr. Garcia said that currently the city does not have the resources to buy the building but it is possible that they will have the resources to make an offer on the building prior to the first option, which will have to be negotiated with the bank. Following a brief discussion, Mr. Carrell said the reason the bank is willing to come in with a below- market rent is because the city is willing to rent the building for 21 years. Mr. Longoria said he did not think it would harm anything to consider the item on two readings. Mr. Carrell said bank officials were aware that the Council was not scheduled to meet on June 6th and there is another party interested in the building. He said they are giving up other opportunities in order to keep this offer on the table. Mr Kinnison also expressed concern about the purchase option and the need to consider the item that day. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting May 30, 2000 Page 11 16.a. M2000-167 Motion authorizing the City Manager or his designee to execute a lease agreement and an option to purchase with Frost National Bank for 41,289 square feet of the Frost Bank Building located at 2402 Leopard Street and the land on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson Addition No. 2. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria voting "No." 16.b. ORDINANCE NO. 024052 Ordinance appropriating $500,000 from the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending FY99-00 budget adopted by Ordinance No. 023702, to increase appropriations by $500,000 in the No. 1020 Fund; for office space improvements to the Frost Bank Building. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria voting "No." 16.c. M2000-168 Motion authorizing the City Manager or his designee to execute a contract with Morgan Spear Associates, Inc. in the amount $41,560 for architectural services associated with the Frost National Bank Building Lease Purchase Improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, Wesley Seale Dam spillway stabilization project. Responding to a question from the Mayor, Dr. Ron Waters of Freese & Nichols said they do not yet have the exact cost to repair the spillway chute, but they anticipate it will be approximately $1.5 million. Mr. Kevin Stowers, Assistant Director of Engineering Services, said there have been three change orders on the construction part of the contract for a total of $12,500. He said the city pays Dr. Waters' fees directly as a separate contract for professional services (as opposed to the construction contract). He said the total cost of the project is estimated at $22.1 million and the budget presented to the Council at the time the construction contract was awarded was for $23 million. He added that the city sold $26 million in bonds for the project. Dr. Waters said they have asked the contractor to maintain his schedule but also to assign a Minutes - Regular Council Meeting May 30, 2000 Page 12 special crew to the spillway chute project. Responding to Council Member Colmenero, Dr. Waters said they have not found huge voids beneath the spillway chute. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. M2000-169 Motion authorizing the City Manager or his designee to execute Amendment No. 9 to the contract with Freese & Nichols Inc. in the amount of $344,600 for engineering services for the Wesley Seale Dam Spillway Stabilization project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. ************* Mayor Neal opened discussion on Item 18, amending the FY 99-00 budget. Deputy City Manager Noe said the outside auditor and city staff have concurred on a recommendation on the administrative cost recovery, which represents an increase in the administrative cost recovery system in the current year of $778,000, which is slightly less than initially proposed. Another item was the allocation of the Economic Development Corporation (EDC) cost, in which staff proposed to allocate equally among the three utilities and the General Fund. However, the auditor recommended an allocation that was based on operating revenues in the utilities and property tax and sales tax revenues in the General Fund, which splits 45% of the cost of the EDC to the General Fund and 55% to the utility funds. Council Member Gonzales questioned the proposed EDC allocation. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said that in 1997 the Council contracted with a consultant to assist the city with cost allocations. He acknowledged that the city has budget problems, but he questioned why major increases in charges to the utility fund are being recommended. He then discussed the specific proposed allocations. Mr. Jack Gordy said the Council should be concerned about whether the proposed allocations are legitimate. He urged them to think before they vote. Council Member Kinnison thanked staff for discussing the proposed allocations with the outside auditors. He said he would vote in favor of Item 18, although if the Council members had line -item veto power, he would vote against the fire hydrant and economic development allocations. Mr. Garcia said that the financial forecast included projections for rate increases of about 6% a year for the next five years. However, since the utility funds are doing well largely due to reengineering efforts, staff will not be recommending 6% increases in water or wastewater in the upcoming budget. Minutes - Regular Council Meeting May 30, 2000 Page 13 Responding to Council Member Scott, Mr. Noe said the auditors have determined that the proposals are a legitimate charge given the parameters of accounting procedures and the City Charter. A brief discussion ensued. Mayor Neal asked Mr. O'Brien and other members of the Taxpayers Association to work with the Council to help resolve those difficult issues. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 024053 Ordinance amending Ordinance No. 023702 which adopted the FY99-00 Budget by increasing appropriations in certain funds, adjusting the amounts of certain interfund transfers, and increasing revenue estimates. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Noe thanked the staffs of the city's finance and budget departments, as well as the outside auditors and bond counsel. ************ * Mayor Neal opened discussion on Item 19, temporary street closures. There were no comments from the audience. Responding to Council Members John Longoria and Kinnison, Ms. Elaine Motl said the $5 gate fee has been charged all three years the event has been held. City Secretary Chapa polled the Council for their votes as follows: 19. M2000-170 Motion approving the application from the Corpus Christi Off -Shore Racing Association to temporarily close the following street sections in conjunction with the East-West Powerboat Shoot -Out and related activities, June 9 -11, 2000: 1) Northbound Shoreline Boulevard (inside lane and parking lane), from the north right- of-way of Interstate 37 to the Barge Dock entrance, beginning 9:00 a.m., June 6 until 6:00 p.m., June 7, and from 6:00 p.m., June 12 until 6:00 p.m., June 13, 2000. 2) Southbound Shoreline Boulevard (inside lane and parking lane), from the north right- of-way of Interstate 37 to the south right-of-way of Hughes Street, beginning 9:00 a.m., June 6 until 6:00 p.m., June 7, and from 6:00 p.m., June 12 until 6:00 p.m., June 13, 2000. 3) Northbound Shoreline Boulevard (full street closing), between the north right-of-way of Interstate 37 and the south right-of-way of Hughes Street, beginning 6:00 p.m. June 7 until 6:00 p.m., June 12, 2000. 4) Southbound Shoreline Boulevard (full street closing), between the north right-of-way of Interstate 37 and the south right-of-way of Hughes Street, beginning 6:00 p.m., June 7 until 6:00 p.m., June 12, 2000. Minutes - Regular Council Meeting May 30, 2000 Page 14 5) Northbound Shoreline Boulevard (parking lane and sidewalk area) between the north right-of-way of Interstate 37, and Taylor Street, beginning 1:00 p.m., June 5 until 6:00 p.m., June 13, 2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, skateboard park request for proposals (RFP). He called for comments from the audience. Mr. Robert Charlie Bryan, Director of the South Texas Progressive Sports Association, said this item is not intended to address concerns related to construction or upkeep of a skate park. They were merely asking that the RFP be issued to get feedback from potential designers, including possible design costs. He said they have previously stated that they do not intend to ask the city to pay for this project. Responding to Council Member Gonzales, Council Member John Longoria said the park will be a gift to the city and the city will be responsible for cutting the grass. City Secretary Chapa polled the Council for their votes as follows: 20. M2000-171 Motion authorizing the City Manager or his designee to release a request for proposals for the design services associated with the skateboard park. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 21, Texas State Aquarium Association leases. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 21.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a one year lease with the Texas State Aquarium Association (TSAA's) to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to City of 50% of the excess revenues. Minutes - Regular Council Meeting May 30, 2000 Page 15 The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. 21.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the Texas State Aquarium Association (TSAA's) to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to City of 50% of the excess revenues. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. 21.c. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty-year lease with the Texas State Aquarium Association, in consideration of lessee maintaining the premises and improvements, operating a public aquarium and related facilities, and retaining all financing covenants until the related indebtedness is fully retired (including making payments when required), for Lots A-1, A-2, B, C, & D, Texas State Aquarium subdivision and an assignment of certain property of Rincon Channel owned by the Port of Corpus Christi Authority and leased to the City. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, HUD grant. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. M2000-172 Motion authorizing the City Manager or his designee to submit a grant application for $300,000 to the Department of Housing and Urban Development, Youthbuild Program to provide economically disadvantaged youth the opportunity to learn life skills and employable skill in construction. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Minutes - Regular Council Meeting May 30, 2000 Page 16 Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal announced the following executive sessions: 23. Executive session pursuant to Texas Government Code Section 551.071 regarding Kelly Lewis v. City of Corpus Christi No. 94-1650, 94°' District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 24. Executive session pursuant to Texas Government Code Section 551.074 regarding the municipal court judges, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. ************ Mayor Neal called for the City Manager's report. Mr. Garcia said the next meeting of the Council will be held June 13th, which will include the first of the budget workshops. He noted that staff delivered the recommended operating budget and capital budget for fiscal year 2000-01 to the Council on May 30th. Also during the June 13th meeting there will be the first reading of the revised solid waste ordinance and the first public hearing on the FY 2000-01 Crime Control District budget. Mr. Garcia and Mr. Rudy Garza, Acting Budget Director, further discussed the format of the budget workshops to be held through the end of the current budget year. Council members also made comments about the budget workshop process. The Mayor called for Council concems and reports. Mr. Garrett said he had received telephone calls and letters regarding the RTA water taxi in the marina. Mr. Garcia said staff can ask the RTA board about that issue. Responding to Dr. Gonzales, Mr. Garza said staff provided a summary of the proposed reductions for the FY 2000-01 budget. Dr. Gonzales expressed concern about the safety of the children's park on the median on Shoreline Boulevard. In reply to another question from Dr. Gonzales regarding the Berry island agreement, Mr. Reining said the city has a supplemental agreement to cover any revenues that would otherwise be paid. Mr. Longoria requested more detail on the police officer manpower allocation issue. Mrs. Longoria asked that the Council's Administrative Analysis Committee meeting be postponed until next week. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:55 p.m. on May 30, 2000. *************