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HomeMy WebLinkAboutMinutes City Council - 04/29/2003I HEREBY CERTIFY tha the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Chtisti City Council of April 29, 2003, which were approved by the City Council on May 13, 2003. WITNESSETH MY HAN SEAL AND SEAL, this 8th day of October 2003. Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 29, 2003 - 2:02 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meting to order in the Council Chambers of City Hall. The invocation was delivered by Pas or James Singleton of the Faith Temple and the Pledge of Allegiance to the United States fla€ called the roll and verified that the r were present to conduct the meetir Council meeting of April 22, 200 presented. was led by Council Member Mark Scott. City Secretary Chapa ecessary quorum of the Council and the required charter officers g. Mayor Neal called for approval of the minutes of the regular . A motion was made and passed to approve the minutes as Mayor Neal referred to Itetp 2 and the following board appointments were made: Community Youth Development Program Steering Committee Rafael Alvarez (reappointed) Katie Childs (appointed) Coretta Graham (appointed) Vanessa Reynolds (appoinled) In addition, Mayor Neal asked that the Community Youth Development Program provide a report to the Council on their prcjgress in the near future. * * * * * * * * * * * * * Mayor Neal called for conspderation of the consent agenda (Items 3-12). Council members requested that Items 6 and 11 be discussed. City Secretary Chapa announced that Council Member Noyola was abstaining from discussion and vote on Items Ila and 11b. There were no comments from the audience. A motion was spade and passed to approve Items 3 through 12, constituting the consent agenda, except for Items 6 and 11, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting April 29, 2003 - Page 2 3. MOTION NO. 2003-158 Motion approving a supply asphalt, with Martin Marie Invitation No. BI -0054-03 $180,375, of which, $45,09: be for twelve months witl periods, subject to the appn Street and Utility Departme City Streets. Funds have be 2003. 4. MOTION NO. 2003-159 agreement for approximately 6,500 tons of cold mix -cold laid tta Materials, Corpus Christi, Texas in accordance with Bid based on low bid for an estimated annual expenditure of 3.75 is for FY2002-2003. The term of the supply agreement will an option to extend for up to two additional twelve-month val of the supplier and the City Manager or his designee. The nts will be using this material for the patching and repairing of en budgeted by the Street and Utility Departments for FY2002- Motion authorizing the ity Manager or his designee to execute a twelve-month maintenance agreement wi h Hewlett-Packard Company in the amount of $36,708 for HP N4000 Enterprise Server h dware and operating system maintenance based on sole source. 5. MOTION NO. 2003-160 Motion authorizing the City Manager or his designee to execute a construction contract with Eagle North America of Evans, Georgia in the amount of $213,655 for the O.N. Stevens Water Treatment Plant North and South Lagoons Dredging. 7. MOTION NO. 2003-162 Motion authorizing the City Manager or his designee to execute a construction contract with Third Coast General Contrz ctors of Corpus Christi, Texas in the amount of $113,667.49 for the Regional Transportatio* Authority Bus Stop Miscellaneous Street Improvements, Phase 2. 8. MOTION NO. 2003-163 Motion authorizing the City Manager or his designee to execute a Utility Easement Instrument with Peterson Ptoperties, Ltd., in the amount of $35,000, for Parcel 50, necessary for the Southside Water Transmission Main, Phase 2A, and for other municipal purposes. 9. MOTION NO. 2003-164 Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Parker Construction of Portland, Texas in the amount of $50,602.50 for the Crystal Lane Drainage Improvements. 10. FIRST READING ORDINANCE Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit Minutes - Regular Council Meeting April 29, 2003 - Page 3 in Certain Zones, by revising the speed limits on the following street section: On Callicoatte Road, (F.M. 1694): revising the existing speed limits to the following: 45 mph from II -137 city limit line; and 12. ORDINANCE NO. 02527 orthbound Frontage Road south 1.391 miles (7,344.48') to the roviding the penalties. Second Reading Ordinanc: - Amending the City of Corpus Christi Preservation Plan, an element of the Compreh nsive Plan, by adding four (4) "HC" Landmark Zoning Designations and two (2) p operties designated as Potential Landmarks; and amending the Comprehensive Plan. (Firs Reading - 4/22/03) * * * * * * * * * * * * * Mayor Neal referred to I em 6, regarding a change order for the City Hall Chiller Replacement project. Council Me ber Cooper asked why a change order was necessary. Mr. Kevin Stowers, Assistant Director of Engineering Services, said that there was a question raised about whether the additional control syst m would make the system more energy efficient. After further research, Mr. Stowers said that the control system was quite advanced and had achieved considerable savings in energy cos s for other buildings in the area. He said that staff was not made aware about the new system until er the contract was awarded. City Secretary Chapa polled the Council and the following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, $oyola and Scott, voting "Aye". 6. MOTION NO. 2003-161 Motion authorizing the City Manager or his designee to execute Change Order No. 1 in the amount of $44,355 with alek Inc., of Corpus Christi, Texas for the City Hall Chiller Replacement - Phase 1 Pro ect. Mayor Neal referred to Item 11 on the agenda regarding a lease agreement with DTG Operations f/k/a Dollar Rent A Carl Systems. Council Member Cooper asked for more information about the environmental contamination at the airport that was cited in this item. Mr. C. Kim McGuire, Director of Environmental Programs, said that in the early 1990s there was an underground storage tank on the site, operated by Budget Rentals, which had sprung a leak. The Texas Commission on Environmental Quality (TCEQ) required an investigation and subsequent removal of the tank. Mr. McGuire said that Dollar Rent A Car wanted to enter into an agreement with the city for this site but, after an environmental site assessment was completed, discovered that there was a small amount of soil and groundwater contamination. The contamination did not exceed current TCEQ guidelines of acceptable levels, so no further action was taken. However, since the contamination occurred under the previous management, Dollar Rent A Car is requesting a waiver of liability for the level of contamination present at the site. In response to Council Member Cooper's question, Ms. Debra Keller with the Aviation Department replied that no further action needed to be taken to address the contamination according to the TCEQ. City Secretary Chapa polled the Council for their votes and the following motion passed: Neal, Chesney, Colmenero, Minutes - Regular Council Meeting April 29, 2003 - Page 4 Cooper, Garrett, Kelly, Kinnison and Scott, voting "Aye"; Noyola abstained. 11.a. ORDINANCE NO. 02527 Ordinance authorizing the ity Manager or his designee to execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus Christi Internation 1 Airport, to hold harmless DTG Operations, Inc. from any environmental contaminati n occurring prior to occupancy of the premises, for a term of up to twelve months. 11.b. FIRST READING ORDINANCE Authorizing the City Man er or his designee to execute Amendment No. 2 to the lease agreement with DTG Oper tions, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus Christi International Airpo , to hold harmless DTG Operation, Inc. for any environmental contamination occurring p or to occupancy of the premises for the term of the long term lease. 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. 0303-01, Richard Hesse: A change of zoning from a "R -1B" One -family Dwelling District to "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, located on the northwest corner of Yorktown Boulegard and Cimarron Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 02527$ Amending the Zoning Ordinance upon application by Richard Hesse by changing the zoning map in reference to Flour BWand Encinal Farm and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, from "Rr1B" One -family Dwelling District to "B-4" General Business 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 by the following vote: Neal, Chesney, Colmenerq, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting April 29, 2003 - Page 5 14. CaseNo.0203-04 Harold District to a "B-4" Gener District on Tract 2. The p 2.720 acres out of Blocks 7 ronke: A change of zoning from a "R -1B" One -family Dwelling Business District on Tract 1 and "R-2" Multiple Dwelling operty's legal description is Shell Road Poultry Acres, being nd 8, located between Violet Road and Church Street and 500 feet north of Leopard Stree . (Tabled from 4-15-03 and 4-22-03) City Secretary Chapa stat:d that Council Member Scott would be abstaining from the discussion and vote on this item. M . Michael Gunning, Director of Planning, said that the 20% rule was in effect because 44% of the ne ghborhood was in opposition to the changes. The case has been tabled twice to allow the applicant ufficient time to meet with the property owners to address their concerns. The applicant has met wi h the property owners in the area and has employed a consulting engineer to research the drainage p changed their previous request fro to "R-1B"/SP on Tract 2 to build t duplex would probably not he fea drainage for the car wash on Tract residential properties to the west a oblems. In addition, Mr. Gunning stated that the applicant had "B-4" to `B-1" on Tract 1 to build a carwash and from "R-2" ree duplexes. Regarding Tract 2, Mr. Gunning said that a third ible because of the plan to add a detention pond to handle the 1. He said that these changes would be more protective of the d east. Ms. Sandy Ward, 4441 Church Street, voiced two concerns about the changes. First, she was concerned about the street's ability to support the traffic from the additional housing due to its poor condition. Second, she was concei detention pond would create proble Bass & Welch Engineering said 1 drainage primarily on the proposec another engineer, Mr. Randy Thom the site and limited to the prede ied that Mr. Kronke's plan to build a fence or gate around the ns with standing water and mosquitoes. Mr. Murray Bass with at his firm had been retained by Mr. Kronke to review the site for the car wash. He said that he worked on the plan with son, and they determined that the run-off can be retained from elopment quantities with a detention pond. He based his recommendation for the size of the fond assuming a five-year rain event. However, he said that Mr. Angel Escobar, City Engineer, asked that he change the plans to provide for a 25 -year rain event. Mr. Bass said that Mr. Kronke and lOr. Allen, the project developer, have indicated that they would endeavor to comply with staff's rec¢mmendation for a 25 -year rain event. Unfortunately, Mr. Bass said that a detention pond with thi$ capacity would affect the size of the development on the west side of the site. Regarding Ms. Ward's concern about the mosquitoes, Mr. Bass said that the detention pond is not designed to retain water for a long period of time. In response to Ms. Ward's Concern about the road, Mr. Escobar said that staff would keep maintaining it at the same level. He said that improvements to the road are not scheduled to be done at this time. In response to Mr. Ke ly's question, Mr. Escobar said that the road was considered an improved road only in that it is cowered with asphalt. Mr. Kelly asked how many additional trips the proposed duplexes would geneilate. Mr. Gunning responded that it would be approximately 20 trips and that the road was capable of handling this amount of traffic. Mr. Kelly asked Mr. Escobar if his department had reviewed the report from Bass & Welch and Randy Thompson regarding the drainage. Mr. Escobar said that staff had reviewed the report and, as Mr. Bass had mentioned previously, recommended that the size of the detention pond be increased to be able to contain a 25 -year rain event, with the discharge limited to a five-year rain event rate. With these changes, Mr. Escobar said that he was comfortable that the engineers' recommendations would achieve the objectives stated. Minutes - Regular Council Meeting April 29, 2003 - Page 6 In addition, Mr. Kelly com4-tented that the lack of infrastructure on Leopard Street around Clarkwood and FM 624 is inhibiting the ability to develop the available land, which he said was prime real estate. He commended Mr. Kronke for his efforts to improve the infrastructure, consequently increasing the cost of his development. He asked if storm water drainage improvements for Violet Road wo Id be included as part of the next bond project. Mr. Escobar replied that Violet Road is consid red to be under the jurisdiction of the Texas Department of Transportation (TXDOT) and th s is not being considered for any short-term or long-term improvements at this time. Additi.nally, the drainage area on the property is considered a natural drainage area and is not maintaineby the city. A motion was made, secon ed and passed to close the public hearing. Mr. Chapa advised the Council that they had three opti ns on which to vote - the new applicant request, staff's original recommendation and the planning c . mmission's original recommendation. A motion was made and passed to amend the original ordina ces submitted for council consideration in prior weeks to reflect the new applicant request. Mr. Chpa polled the council for their votes as follows: 14. ORDINANCE NO. 02527 Amending the Zoning Ordi ance upon application by Harold Kronke by changing the zoning map in reference to 2.720 res out of Block 7 and 8, Shell Road Poultry Acres, from "R- IB" One -family Dwelling istrict to `B-1" Neighborhood Business District on Tract 1, being 1.71 acres and a "R- B"/SP One -family Dwelling District with a Special Permit for three (3) duplexes on Tract being 1.01 acres; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing motion was passed with the following votes: Neal, Chesney, Colmenero Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. • 46 raa,t 1, and appiovthe`B-4"D;sti id On 1.71 aa.1w ut Batt 1. Yfact2-Apiny va • ORDIi E f Blo1,h 7 and 8, S1,cll Ruad Poultry Ac1Cs, f1en1 "R- an to aw..,ou«t Luer any J%4mat,Ou5 tion, the eAIstl lg c Hart E Minutes - Regular Council Meeting April 29, 2003 - Page 7 p u,rcic Stn t n++ aii.cudwg the (.,ontpichci umpiti.hv iu ivc Plain. i%C 1'ldu to d�cOuid !b any viu the g Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 15 regarding the upcoming c anges to the International Residential Code (IRC) for one and two family dwellings. Art Sosa, cting Director of Development Services, said that the city has been working with the Texas Dep rtment of Insurance (TDI) since 2001 to make the necessary preparations to adopt the IRC. He sid that this adoption will coincide with the adoption of the IRC by the Texas Department of Insura ce as a residential code to qualify residential structures for the state pool of wind storm insurance also known as the CATPOOL. Mr. Sosa reviewed the chro ology of events since 1999 leading to the current adoption. He cited several reasons for adopting t e 2003 IRC. First, he said that the 2003 International Codes are currently available. Second, he sa d that the adoption of the 2003 IRC would result in the lowest possible insurance premiums for th city. Third, Mr. Sosa reported that Senate Bill 365 requires the adoption of the 2000 IRC ratings. F nally, he said that pending House Bill 986 requires the adoption of the 2003 IRC. Mr. Sosa spoke about the significant changes that would take place as a result of the adoption of the 2003 IRC. He spoke abou significant changes in Chapter 1 Administration, Chapter 3 Building Planning, Chapter 4 Foundations, Chapter 6 Wall Construction, Chapter 9 Roof Assemblies, Chapter 11 Energy Efficiency, Chapter 33 through 42 Electrical Circuits, and Chapter 43 Referenced Standards. To concl}ide, Mr. Sosa said that staff was recommending that the Council adopt the 2003 IRC with the Texas revisions with a target date of June 24, 2003. He then briefly reviewed the various issues concerting builders. Mayor Neal asked if, after he adoption of the 2003 IRC in June, a homeowner would be required to submit a WPI -1 applica ion if they were to replace a broken window in their home. Mr. Sosa said that the new glass requirements for our area mandate that a stronger form of glass be used so a WPI- 1 would need to be submi(ted. Mayor Neal asked if the homeowner in the above scenario did not obtain a WPI -1, then would the home no longer meet the windstorm requirements. Mr. Sosa responded affirmatively. Mayor Neal said that as he understood it, the installation of a new roof, any remodeling, the installation of an air-conditioning unit, and the replacement of glass in a home would now require a WPI -1 application, a significant change. He said that a WPI -1 form is what designates a home as insurable. Mayor Neal said that this change is significant because many people in the city like to make their own repairs to their homes. He said that a major public information campaign would need to be organized to educate the public. Mayor Neal asked who would make the inspections once the IRC was adopted. Mr. Sosa said that engineers would continue to make the inspections because municipal inspectors are still not authorized. Mayor Neal asked if the city inspects every new dwelling. Mr. Sosa replied that the city inspects every new dwelling that has a permit. Minutes - Regular Council Meeting April 29, 2003 - Page 8 Council Member Colmene current construction. Mr. Sosa sai impediment. Mr. Colmenero aske future remodeling. Mr. Sosa said Texas Department of Windstorm I to have that effect. Mr. Colmene conduct the increased number of in information campaign would be ne 1 Council Member Scott ask would be affected. Mr. Sosa sai Association endorsed the adoption Director of the Builders Associati 1 o asked what impact the 2003 IRC adoption would have on that he did not feel that the builders see the code adoption as an if the adoption of the code would have a negative effect on hat the same prediction was made when the city adopted the urance Association (TWIA) code in 1999, but it did not appear o expressed his concern that the city had insufficient staff to pections required by the new criteria. He also said that a public d to inform the public. 1 d if construction work in progress that was already permitted it would not be affected. Mr. Scott asked if the Builders f the code. Mr. Sosa replied that Becky Dumphrey, Executive said that the association supported the changes. 1 Council Member Noyola a.ked if building supply stores had the newly required items in stock. Mr. Sosa said that they sho Id have the items in stock but it was the buyer's responsibility to ask if they were buying the co -ct item. Council Member Cooper asked if the Council could amend the code. Mr. Sosa replied hat Council can amend the code but it may dilute the law. He said that the goal of the new code i, to build strong houses that are insurable. The second presentation w s item 16, the eighth Bond Issue 2000 quarterly report. Mr. Angel Escobar, City Engineer, reported that of the five Public Health and Safety projects, one has been completed (Health Department Roof Repair) and two have been awarded to replacement contractors and are in the processl of obtaining bonds and insurance (Fire Station ADA/Co-ed Improvements and Mustang Island Fire ). One has resumed construction with a general contractor (Animal Shelter and Vector Control Facility) and one is currently involved in negotiations for site selection (Public Safety Training Pacility). Mr. Escobar noted that three of the public health and safety projects were subject to contract termination due to non-performance, but that all three projects have now been awarded td replacement contractors. Mr. Escobar reported that off the thirty-two Park and Recreation Department projects, twenty- six have been completed, one is pending punch list items and five are under construction. He noted that the lighting projects in parks had come in under budget, so the savings were being used to light three additional fields. He comm*nted that Greenwood Senior Center was two months behind schedule but should be finished within the next two weeks. Finally, of the thirty Street Improvement projects, two projects have been completed, five are near completion, twelve are under construction and two are being advertised to rdceive bids under one contract. Mr. Escobar reported that the Woodlawn, Alameda, Birmingham and Lyons projects will be finished within the next 30 days. Council Member Kinnison noted that the street lighting project had also achieved approximately $150,000 in savings. He asked how staff prioritized the projects to benefit from the savings. Mr. Escobar replied that existing areas with inadequate lighting were the first priority. Mr. Escobar reported that the arena project is on schedule and is targeted for completion by the end of Summer 2004. The seawall project is well underway, with Phase 1 almost complete and award of the second design contract completed. In conclusion, Mr. Escobar said that the city currently had $205 million in construction for Minutes - Regular Council Meeting April 29, 2003 - Page 9 a total of 83 city projects. Of these $3 projects, 43 projects are being partly overseen by consultants with construction management firms because the city's inspectors have reached a maximum workload. Council Member Ches ey noted that of the 44 general bond obligation construction contracts, ten were awarded to o t -of -town contractors and thirty-four were awarded to local contractors. He asked Mr. Escobar by ten contracts were awarded to out-of-town contractors. Mr. Escobar replied that the local markt, especially for paving contractors, is saturated with projects. He said that Salinas Construction, a inority contractor from Pleasanton, TX, has four projects with the city. Council Member Scott com problems with ADA accessibilit improvements to the seawall from portion of the project, the contr. accessibility incorporated into the sidewalk, all 20 feet, will be made and soften the slope between the st ented that he had received a call from a constituent regarding along the seawall. Mr. Escobar replied that sidewalk the barge dock to Power Street were about to begin. In that tor is going to add an extra -width parking lane for ADA sidewalk improvement. In addition, he said that the entire DA accessible by being re -graded to even out the curb height eet and the sidewalk. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 20 on the regular agenda regarding a resolution in support of encouraging the Texas Legislature to allow San Patricio to appoint a commissioner to the Port of Corpus Christi Authority. Mayor Neal noted that a similar resolution was being supported by he Nueces County Commissioners Court. The result would be three commissioners by the city, three by the county and one appointed by San Patricio County. There were no comments from the audience. Mr. Kinnison asked if San Patricio County had to vote to give them taxing authority like Nueces County. Mayor Neal responded affirmatively. Council Member Scott commented that thin resolution would demonstrate that the city and the county had reached a consensus on this matter. In response to Mr. Colmenero' s question, Mayor Neal said that the effective date for the change wopld be January 1, 2004. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 0252715 Resolution encouraging thTexas Legislature to allow San Patricio County to appoint a Commissioner to the Port Of Corpus Christi Authority. The foregoing resolution passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirtnison, Noyola and Scott, voting "Aye". Mayor Neal deviated from the agenda and opened discussion on Item 18 regarding the proposed Phase I Improvement for the Louisiana Parkway Master Plan. Mr. Dan Whitworth, Director of Park and Recreation, said that a community group named Revitaliziana Inc. was interested in implementing an Adopt -a -Park project to improve Louisiana Parkway. He said that the group, working in conjunction with Beautify Corpus Christi and the Friends of the Parks, has developed a proposal for substantial improvements along the entire length of the parkway. Phase I of the project would make improvements to grading, a granite trail along the parkway, irrigation for a substantial tree planting program, landscaping and maintenance for two years. He said that the Minutes - Regular Council Meeting April 29, 2003 - Page 10 scope of this Adopt -a -Park project is the first of its kind in Corpus Christi. The cost of Phase I improvements would be approximately $600,000. He said that the group would sign what staff would hope to become a "model" Adopt -a -Park contract, stipulating that no work could begin until the funds are collected and with a imeline of three to five years for completion. There were no comments from the public. Council Member Chesney s about the funding alternatives the was looking at non -city funding so oke in support of the project. Council Member Kinnison asked roup was investigating. Mr. Whitworth replied that the group ces. Mr. Kinnison asked if state grants were being considered. Mr. Whitworth responded that the group was considering applying for Texas Park and Wildlife grants if they were available. Mr. • innison cautioned that if the city was to sponsor a grant for the group, he would hope that a situatio would not arise where grant requests would be in competition with each other. Mr. Whitworth id that this could be a factor and that staff would be sure to prioritize the requests. Council ember Cooper commended the group for their effort. Mr. Whitworth said that staff is attempt ng to compile some guidelines for community groups to assist them in the process. City Secreta Chapa polled the council for their votes as follows: 18. MOTION NO. 2003-165 Motion approving the proposed Phase I Improvement for the Louisiana Parkway Master Plan. The foregoing motion passeld with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Nbyola and Scott, voting "Aye". Mayor Neal opened discus ion on item 17 regarding the General Fund five-year financial forecast. City Manager Noe said tat this two-part item initiates the annual budget process. Mr. Mark McDaniel, Director of Mana4ement and Budget, explained that the first part of this item was a presentation on the General Fundi five-year forecast and the second part would involve adopting and amending the financial polices. First, Mr. McDaniel spoke about the financial forecast assumptions related to revenues. e said that property tax revenues are being set at 3% annual growth, which is conservative because the rate is usually a bit higher than this. Sales tax revenues are also set at 3%. He said that most of the other revenue growth has grown at 2%. For expenditures, Mr. McDaniel said that staff is programming the salary adjustments related to the compensation plan implementation into the forecast each year. He said that health insurance premiums are predicted to increase an average of 10% each year. He reviewed the regular capital items and new capital items. Finally, he reviewed other expenditure items including re-engineering and program costs for full year. Pending items that are not accounted for include operation and maintenance costs related to Bond 2004 projects and the landfill expansion/development options. Mr. McDaniel reported that the estimated unreserved fund balance for FY 2003-04 was $10.9 million. The adjustment to balance is estimated to be $2.9 million and the anticipated budget surplus is $900,000. He said that staff is working on presenting the council with a balanced budget. Mr. Noe commented that a past criticism of the financial forecast was that it included unrealistic assumptions, such as no changes in salary. He said that staff was endeavoring to present a more realistic picture at this time. He said that salaries drive the costs in the budget. Salary adjustments like the compensation plan implementation and the four-year contract with police will create Minutes - Regular Council Meeting April 29, 2003 - Page 11 shortfalls in the budget. He said, hcwever, that at least in the first two years, the numbers are small enough to be compensated for in the budget. In Years 3 through 5, he said the numbers become larger and will become a challenge tb address. He said that this commitment to improving the salary structure for employees was not inc uded in prior forecasts. In response to Mr. Scott's question, Mr. McDaniel said that the adjustmentto the budget may need to be made on the revenue side, not expenditures. Council Member Scott com ented that the 3% growth rate was conservative but statewide, other cities are in much worse shap-. Mr. Noe agreed but said that if growth continues at that rate in the long run, it is not enough gr.wth to make the budget balance. Mr. McDaniel reviewed thr budget calendar for FY 2003-04. He said that the budget is scheduled to be adopted on July 22 He then reported on the proposed financial policies. He said that the financial policies previous y adopted by the council were partly responsible for the bond rating improvements that the city has seen recently. New sections of the policies include an operating contingency of $200,001, multi-year financial forecasting, quarterly financial reporting and monitoring, the use ofnonrecu ing revenue, debt affordability review, debt retirement practices and capital improvement plans/fun. ing. Mr. McDaniel said that many of these practices are already being practiced by the city but are ow being formalized. Mr. Kinnison asked about t e status of the industrial district payments timeline. Mr. Noe said that staff is cautiously optimist c that they will bring this before the council soon. Mr. Kinnison commented that staff had not includ d the operation and maintenance costs associated with the Bond 2004 package, the Parks Master 131 and the ADA project list. He said that staff will have to make tough decisions this year to prevent roblems later in the budget. Finally, Mr. Kinnison commended staff for revising the financial polies. He said that although staff has been practicing the new elements in the policies for some ti e, it is very beneficial to have them formally integrated into the policies because ratings agencies r view them. There was no comment from the public. Mr. Chapa polled the Council for their votes as follows: 17.b. RESOLUTION NO. 02528B Resolution reaffirming and mending financial policies adopted by Resolution No. 023319 and providing a policy to ataintain the fund balance for the General Fund at an adequate level. The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola arid Scott, voting "Aye"; Cooper and Garrett were absent. Mayor Neal opened discussion on item 19 regarding the recommended FY 2004-06 Transportation Improvement Progr$m (TIP) of the Metropolitan Planning Organization. Mr. Angel Escobar said that this item finalizes the recommendations to the Policy Committee for the FY 2004- 06 TIP. Mayor Neal emphasized that the projects are not executed unless a sponsor with the necessary funding is found. He said that there is no guarantee that the projects on the long-term list will ever begin construction unless a sponsor is found. He said that some of the funds may be allocated from the Bond 2004 but the Council had to be very careful to prioritize those projects. There was no comment from the public. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 29, 2003 - Page 12 19. RESOLUTION NO. 02529 Resolution endorsing the recommended FY2004-2006 Transportation Improvement Program (TIP) of the Metropolitan Panning Organization. The foregoing resolution w s passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki ison, Noyola and Scott, voting "Aye". Mayor Neal called for peti and Recreation Department and Se citizens on April 25. Ms. Doris Whataburger Way and Parkdale PI for supporting the Port resolution. city and the county and true interg ons from the audience. Mr. Phil Rosenstein thanked the Park for Community Services for the luau they organized for senior lin, 4605 Mildred, spoke regarding poor drainage near One za. County Commissioner Chuck Cazalas thanked the Council e commented that it demonstrated the consensus between the vernmental cooperation. Mayor Neal announced the }executive sessions, which were listed on the agenda as follows: 21. Executive session under Teas Government Code Section 551.071 regarding Mylett v. City of Corpus Christi, et al, Ca e No. 01-5041-D, 105th District Court, Nueces County, Texas, with possible discussion and action in open session. 22. Executive session under Te4cas Government Code Section 551.071 regarding Mylett v. City of Corpus Christi, et al, Civil Action No. C-02-239, U. S. District Court, Southern District Of Texas, Corpus Christi Division, with possible discussion and action in open session. 23. Executive session under Texas Government Code Section 551.071 regarding Esmeralda Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the County Court at Law No. 2 Nueces County, Texas, with possible discussion and action in open session. 24. Executive session under Teas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28th District Court, Nueces County, Texas, with possible discussion and action 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. Noe reported that tomorrow morning, the finalists for the All-American City Awards would be announced. He reported that the notice of intent to publish bids for Packery Channel is now in the Commerce Business Daily. Bid documents will be available for bidders on May 20 and Minutes - Regular Council Meeting April 29, 2003 - Page 13 bid opening is scheduled for July 1 with tentative bid award date of July 15. He said that the Council Retreat is scheduled for M: y 6 from 8:30 a.m. to 3:00 p.m. at the Museum of Science and History. On May 13, the Council tr: ditionally has its public hearing on CDBG Annual Action Plan at 6:00 p.m. The Council will alsbe meeting with the R.T.A. for a joint meeting on that date. Additional items on the agenda inc de a discussion on the 4A board budget, a resolution related to Garwood water rights and the golf ourse implementation plan. Mayor Neal called for Cou that the town hall meeting for Ma Member Cooper and Council Me meeting on May 7 at 5:30 p.m. on the Audit Committee headed by Co meeting with Mayor Neal later to it concerns and reports. Council Member Chesney announced 5 at Schanen Elementary would be hosted by him, Council ber Garrett. He said that the Friends of the Park would be e Sixth Floor. He asked Mayor Neal for more information on ncil Member Kinnison. Mr. Kinnison replied that he would be iscuss the committee's goals. Council Member Noyola p id his respects to Dr. Xico Garcia, who had passed away. He offered his condolences to his famOly. Council Member Colmene4o also paid his respects to Dr. Xico Garcia. He asked staff to investigate a complaint about curb huts by a business near Padre Staples Mall which were limiting access to the business site. He also asked staff to investigate constituent concerns about possible mold stains on the amphitheater by Cole Park. He commented on the improvements to Channel 20 and asked Mr. Chapa if more information and sound were going to be added. Mr. Chapa responded affirmatively. Finally, he said that he was going to forward information from the Mexican consul in San Antonio regarding a plan for issuing identification cards for Mexican nationals. Council Member Kelly asked for a status on a previous situation involving some pit bulls on Violet Road that were removed and then returned to their owners subject to numerous restrictions. He said that the restrictions were consistently being violated and asked what steps staff was taking to address the situation. Dr. Ardys Boostrom, Acting Director of Public Health, said that a video tape had been forwarded to the Legal department. She said the department was holding administrative hearings to deal with the owners of animals that inflicted bites on other animals or humans or were involved in animal killings. In response to Mr. Kelly, Dr. Boostrom said that the order specified that if the animals had violated the set restrictions, the animals would be picked up, another hearing scheduled and/or outhanized. Council Member Cooper asked who was monitoring the removal of the houses on McArdle Road because she did not see any police officers present. Mr. Escobar replied that the Engineering Department is handling the removal but police officers are required to be present by permit. He said he would look into the matter. Mayor Neal announced that on Sunday, May 4, a tribute to Congressman Solomon Ortiz on board the U.S.S. Lexington sponsored our local military installations to show their appreciation for his efforts. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:54 p.m. on April 29, 2003. * * * * * * * * * * * * *