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HomeMy WebLinkAboutMinutes City Council - 09/16/2003I 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 September 16, 2003, which were approved by the City Council on September 23, 2003. WITNESSETH MY HAN SEAL AND SEAL, this 23rd day of September 2003. A ando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 16, 2003 - 2:02 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper (arrived at 2:07 p.m.) Council Members: Brent Chesney Javier D. Colmenero (arrived at 2:11 p.m.) Henry Garrett 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 meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Loyd Neal and the Pledge of Allegiance to the United States flag was led by Council Member Noydla. 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 September 9, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal called for a brief recess to present proclamations. (Note: Council Members Cooper and Colmenero arrived during the proclamations) * * * * * * * * * * * * * The Council returned from recess. Mayor Neal called for consideration of the consent agenda (Items 2-17). City Secretary Chapa noted that Council Member Kelly was abstaining from the discussion and vote on Item 14. Council Member Chesney announced that he would be abstaining from the discussion and vote on Item 17. Council members requested that Items 9, 11, 12 and 14 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 through, 17, constituting the consent agenda, except for Items 9, 11, 12 and 14, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2003-320 Motion approving the purchase of one commercial delivery van from Lawrence Marshall Ford -Mercury, L.P. of Hempstead, Texas in accordance with Bid Invitation No. BI -0003-04 for a total amount of $33,868 based on best bid. The van will be used by Senior Community Services and is a replacement unit. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 2 3.a. RESOLUTION NO. 025471/ Resolution authorizing the City Manager or his designee to accept a grant in the amount of $117,975 from the Texas DOpartment of Health to fund essential public health services such as disease investigation, la oratory services and environmental health services. The foregoing resolution w: s passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki ison, Noyola and Scott, voting "Aye". 3.b. ORDINANCE NO. 02547 Ordinance appropriating a Health in the No. 1066 Hea disease investigation, labor rant in the amount of $117,975 from the Texas Department of th Grants Fund to fund essential public health services such as story services and environmental health services. An emergency was declar , and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col enero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.a. RESOLUTION NO. 025479 Resolution authorizing the ity Manager or his designee to accept a grant in the amount of $22,500 from the Texas De artment of Health to fund analysis of sea water from those bays used to harvest shellfish fo human consumption. The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.b. ORDINANCE NO. 02540 Ordinance appropriating a grant in the amount of $22,500 from the Texas Department of Health in the No. 1066 Health Grants Fund to fund analysis of sea water from bays used to harvest shellfish for human consumption. An emergency was declar4d, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colinenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5.a. RESOLUTION NO. 0254$1 Resolution authorizing the City Manager or his designee to accept a grant in the amount $600,000 from the Texas Department of Health for the Women, Infants, and Children (WIC) Program for FY 2003-2004, based on a $10.45 reimbursement for each participant served. The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 3 5.b. ORDINANCE NO. 025482 Ordinance appropriating a renewal grant in the amount of $600,000 from the Texas Department of Health in the No. 1066 Health Grants Fund for the Women, Infants and Children (WIC) Program for FY 2003-2004, based on a $10.45 reimbursement for each participant served. An emergency was declare vote: Neal, Chesney, Coli voting "Aye". 6.a. MOTION NO. 2003-321 , and the foregoing ordinance was passed with the following enero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, Motion authorizing the City Manager or his designee to accept a grant in the amount of $78,900 and to execute a contract and all related documents with the Texas State Library and Archives Commission for ttte continued operation of the Technical Assistance Negotiated Grant Program administer by the South Texas Library System, which is located at the Corpus Christi Public Libr4ry for the State FY 2003-2004. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirinison, Noyola and Scott, voting "Aye". 6.b. ORDINANCE NO. 025483 Ordinance appropriating a arant in the amount of $78,900 from the Texas State Library and Archives Commission in tit No. 1068 Library Grants Fund for a full-time computer repair technician for public libraries within the South Texas Library System. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Coltnenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7.a. MOTION NO. 2003-322 Motion authorizing the City Manager or his designee to accept a grant in the amount of $635,691 and to execute a Contract and all related documents with the Texas State Library and Archives Commission for continued operation of the South Texas Library System located at the Corpus Christi Public Library. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 4 7.b. ORDINANCE NO. 025484 Ordinance appropriating a Orant in the amount of $635,691 from the Texas State Library and Archives Commission for continued operation of the South Texas Library System in the No. 1068 Library Grants Fund. An emergency was declar , and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col enero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8.a. MOTION NO. 2003-323 Motion authorizing the Ci Manager or his designee to accept a grant in the amount of $127,226 and to execute a ontract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiijnison, Noyola and Scott, voting "Aye". 8.b. ORDINANCE NO. 025481 Ordinance appropriating a grant in the amount of $127,226 from the Texas State Library and Archives Commission for Operation of the Interlibrary Loan Referral Center by the South Texas Library System adnlinistered by the Corpus Christi Public Library in the No. 1068 Library Referral Fund. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colknenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10.a. MOTION NO. 2003-329 Motion authorizing the City Manager or his designee to accept a grant in the amount of $57,855 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kianison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 5 10.b. ORDINANCE NO. 02548'1 Ordinance appropriating $517,855 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for continuation funding available under the Violence Against Women Act (VAWA) Fun and appropriating $7,250 from the No. 1061 Law Enforcement Trust Police Grants Fund a matching funds. An emergency was declar and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col enero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13. MOTION NO. 2003-332 Motion authorizing the Ci Manager or his designee to execute Amendment No. 1 to a contract for professional se ices with Shiner, Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $5 6,863 for the Packery Channel Project - Mollie Beatty Coastal Habitat Community Monit ring Plan. The foregoing motion wa passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki 'son, Noyola and Scott, voting "Aye". 15. MOTION NO. 2003-334 Motion authorizing the C y Manager or his designee to execute a contract with Alan Plummer Associates, Inc. f Austin, Texas in an amount not to exceed $60,400 for the Greenwood Wastewater Tr atment Plant Water Effects Ratio Study of Copper in Oso Creek. The foregoing motion wa passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki nison, Noyola and Scott, voting "Aye". 16.a. MOTION NO. 2003-335 Motion authorizing the Cit' Manager or his designee to accept a supplemental grant in the amount of $5,000 from thea United States Bureau of Reclamation for site specific security improvements and enhancements at Choke Canyon Dam, Nueces River Project, Texas. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiipnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 6 16.b. ORDINANCE NO. 02548a Ordinance appropriating $5,000 of grant proceeds from the United States Bureau of Reclamation in the No. 1052 Water Grants Fund to provide site specific security improvements and enhancements at Choke Canyon Dam, Nueces River Project, Texas; and amending the No. 1052 Wa ver Grants Fund Budget by increasing appropriations by $5,000. An emergency was declar , and the foregoing ordinance was passed with the following vote: Neal, Chesney, Col enero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. ORDINANCE NO. 025489 Amending a five-year lease with Bayfest, Inc. approved by Ordinance No. 023972 to conduct a festival and related activities on the sidewalks, medians and seawall along Shoreline Boulevard from Ipterstate Highway 37 to the convention center complex, the barge dock and adjacent bay waters and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets (premises) and to revise dates for years 2003 and 2004. (First Reading - 08/19/03) The foregoing ordinance Was passed with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney abstained. Mayor Neal opened discussion on Item 9 regarding the Community Youth Development Program grant. Council Member Kelly asked what the city was doing to measure the effectiveness of this program in reducing youth crime in the 78415 area. Mr. Chris Semtner, Superintendent of Support Services for the Park and Recreation Department, replied that staff will soon have access to statistics that are separated by zip code from the Youth Opportunities United (YOU) group, courtesy of Texas A&M University- Corpus Christi. City Manager Noe added that staff could provide a report detailing staff's perception of the effectiveness of the program. Mr. Kelly said that he would appreciate a report, because he was concerned that the 78415 area was still quite troubled despite the program's efforts. He said that he would like some assurances that the money being spent was indeed having an impact on the area. Mr. Semtner added that the program conducts an annual survey of the participants of the 78415 program at town hall meetings, asking them for their perceptions of how the monies should be spent. He said that they have identified teen pregnancy, youth leadership programs, summer programs, and mentoring programs. In response to Mr. Kelly's question, Mr. Semtner replied that the program has piggybacked on the Weed and Seed Program's Fall Festival for the past two years to increase the survey's response rate. Last year, Mr. Semtner said that 250 people participated in the survey. Mr. Kelly replied that the individuals may have effectively identified the problem issues in the area, but his primary concern was determining how effective this program was at addressing those issues. Mr. Semtner said that he would provide a report. Minutes - Regular Council Meeting September 16, 2003 - Page 7 City Secretary polled the Council for their votes as follows: 9.a. MOTION NO. 2003-324 Motion authorizing the Cit Department of Protective from the Community Yout recommended by the Com 2004. The foregoing motion wa Cooper, Garrett, Kelly, Ki: Manager or his designee to execute a contract with the Texas d Regulatory Services for funding in the amount of $426,000 Development Program for the 78415 ZIP Code for projects as unity Youth Development Steering Committee for FY 2003 - passed with the following vote: Neal, Chesney, Colmenero, nison, Noyola and Scott, voting "Aye". 9.b. ORDINANCE NO. 025486 Ordinance appropriating $ Services in the No. 106C Community Youth Develo 26,000 from the Texas Department of Protective and Regulatory Community Youth Development Grant Fund to fund the �ment Program in the 78415 ZIP Code for FY 2003-2004. An emergency was declar d, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colm nero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.c. MOTION NO. 2003-325 Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Inc. in the amount of $241,643 to provide services for youth ages 6 to 17 in the 78415 ZIP Cjde. The foregoing motion wa$ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiinison, Noyola and Scott, voting "Aye". 9.d. MOTION NO. 2003-326 Motion authorizing the City Manager or his designee to execute a subcontract with the Park and Recreation Department in the amount of $17,000 to provide services for youth ages 6 to 17 in the 78415 ZIP Code. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 8 9.e. MOTION NO. 2003-327 Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Girls Club of Corpus C risti, Inc. in the amount of $45,957.30 to provide services for youth ages 6 to 17 in the 78 15 ZIP Code. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kin ison, Noyola and Scott, voting "Aye". 9.f. MOTION NO. 2003-328 Motion authorizing the Ci Manager or his designee to execute a subcontract with the YMCA of Corpus Christi i the amount of $37,586.69 to provide services for youth ages 14 to 17 in the 78415 ZIP Cod The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki ison, Noyola and Scott, voting "Aye". Mayor Neal opened discuss Project Development Assistance. describe the planned capital impro viewing the telecast. City Enginee geographically, separated on the e. HDR engineering firm to handle th the Weber West area. He said t improvements, both street and drai provide detailed information on c environmental permits, among oth need to inform the Council on the on on Items 11 and 12 regarding Capital Improvement Program ith regard to Item 11, Council Member Noyola asked staff to ements in more detail for the benefit of the citizens who may be Angel Escobar replied that the improvements were prioritized st and west by Weber Road. He said that staff had selected the Weber East area, and the Goldston Engineering firm to handle t both firms were being hired to determine the scope of the age, needed for each project. He said that the final report would st estimates, length of the project, right-of-ways permits, and rs. He said that the reports would give staff the information they osts and construction schedule for each project. He added that this was staff's most intense effort o finalize all the CIP cost estimates for streets and drainage for the last nine years. Mr. Noyola stated that he had no further questions regarding Item 12. City Secretary Chapa polleld the Council for their votes as follows: 11. MOTION NO. 2003-330 Motion authorizing the Cify Manager or his designee to execute Amendment No. 1 to a contract for professional services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $256,500 for Capital Improvement Program Project Development Assistance. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiipnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 16, 2003 - Page 9 12. MOTION NO. 2003-331 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract for professional services with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of $299,5'5 for Capital Improvement Program Project Development assistance. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 14 regarding the Broadway Basin and replacement of a sanitary sewer on Palo Alto Street. Council Member Kinnison asked what effect the proposed amendments to the contract would have on the area. City Engineer Escobar replied that the work had already been performed, and st*ffwas asking for the Council's ratification of this item. He said that staff found that a good portion of the line was broken and had already collapsed. Fortunately, Mr. Escobar said that the line had not caved in on the street level. He said that staff was able to act proactively to replace the line before problems arose. In response to Mr. Kinnison's question, Mr. Escobar replied that the remainder of the project would cause the closure of portions of the street to complete point repairs wherevet damaged lines were found. Mr. Kinnison asked how long the project was expected to last, from start to finish. Mr. Escobar replied that he believed it was six months. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2003-333 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Reynolds Inliner, LLC of Baytown, Texas in the amount of $46,622 for the Broadway Basin SSO-I/I and Rehabilitation Stage 2 - Removal and Replacement of 15 -inch sanitary sewer on Palo Alto Street. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained; Cooper was absent. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 22, one of the presentations on the day's agenda on Bayfest 2003. Ms. Roxanne Gonzalez Cuevas, 2003 Bayfest General Co -Chair, described the events scheduled at this year's festival to be held Sept. 19-21, 2003. Ms. Teri Bellman, 2003 Bayfest General Co -Chair, thanked those responsible for making the festival possible this year. * * * * * * * * * * * * * Mayor Neal referred to Item 18 on the regular agenda regarding the Convention and Visitors Bureau (CVB) Board of Directors. City Manager Noe explained that the CVB Board was requesting that two ex -officio, non-voting members, representing the Corpus Christi International Airport and Minutes - Regular Council Meeting September 16, 2003 - Page 10 the Coastal Bend Regional Tourism Council respectively, be appointed to the board. There was no comment from the audience. City Secretary Chapa polle. the Council for their votes as follows: 18. MOTION NO. 2003-336 Motion authorizing the Ci y Manager or his designee to execute an amendment to the Consulting Services Agree ent between the City of Corpus Christi and the Corpus Christi Convention and Visitor's B reau to allow the City of Corpus Christi on behalf of the Corpus Christi International Airpo and the Coastal Bend Regional Tourism Council each to appoint one non-voting member to he bureau's Board of Directors. The foregoing motion wa passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki nison, Noyola and Scott, voting "Aye". Mayor Neal opened discuss on on Item 19 regarding the South Texas Military Facilities Task Force. City Manager Noe explain=. that staff was asking the Council to authorize the city's annual contribution of $50,000 to support the South Texas Military Facilities Task Force. In addition, he said that the city's consultants wo ld provide a briefing on the status of their efforts related to the upcoming round of BRAC (Base ' ealignment and Closure). Assistant City Manager Ro Massey introduced Mr. Steve "Spike" Karlakeas and Mr. Gary Bushell, the city's consultants who ave been working with the South Texas Military Facilities Task Force for the past two years. He s id that Mr. Karlakeas would discuss the BRAC process and Mr. Bushell would discuss current c ncepts that he has discussed regarding our regional military facilities. Mayor Neal interjected by thanking Mr. Karlakeas and Mr. Bushell for their efforts in protecting the area's military facil ties from closure. Mr. Karlakeas provided a b 'efing on the city's position in the base closure process. He said that the South Texas Military F cilities Task Force had taken this community, and its four installations (NAS -Corpus Chris i, NAS -Ingleside, Corpus Christi Army Depot, and NAS - Kingsville), safely through three prior BRAC rounds. He thanked the Council and the region for their support. He said that the goal of the task force was to preserve these operations in South Texas and hopefully expand them. Howek'er, he said that the challenge facing the region was very serious. Mr. Karlakeas reported that Secretary of Defense Donald Rumsfeld and Deputy Secretary of Defense Paul Wolfowitz had madC it abundantly clear that they wanted to close an additional 25 percent of bases. He noted that the aggregate number of closures in the three prior rounds of BRAC was 21 percent. Thus, Mr. Karlakeas said that if Secretary Rumsfeld's predictions were correct, more bases would be closed in this round of BRAC than in the preceding three rounds combined. Mr. Karlakeas reviewed the important dates in the upcoming BRAC schedule. He said that the next major event would occur in February 2004. At that time, the Department of Defense (DOD) was scheduled to submit to Congress a plan detailing what the defense picture would look like for the next twenty years, called a Force Structure Plan and Inventory of Infrastructure Requirements. Consequently, Mr. Karlakeas said that the DOD would then certify that on this basis, the DOD would need a base closure round to shrink the size of the installations in the country to match that Minutes - Regular Council Meeting September 16, 2003 - Page 11 force structure. In March 2005, Mr. Karlak1as said that the President of the United States would appoint a nine -member BRAC Commission. He said that the membership of the commission was important because they would be determining the fate of installations. Mr. Karlakeas said that the next date, May 2005, was the most critical m ment of the process. At that time, the DOD would issue a list of which installations they wanteto close and present them to the Congress and the BRAC Commission. He said that if any of I e four South Texas installations appeared on the list, there was a 90 percent chance that they would * ndeed be closed. Thus, Mr. Karlakeas said that the region must work now to anticipate and be pr pared for that date. He said that the BRAC Commission was scheduled to submit their list of cl.sures and realignment recommendations to the President by September 2005, who would in m submit it to Congress for a vote. In December 2005, all decisions would be finalized. He .ted that the list must be accepted or rejected in its entirety by both the President and the Congres. Mr. Gary Bushell briefed t - Council on the task force's activities to date in anticipation of these critical dates. He said that t e region's installations would be judged by different criteria during this round of closures. He s id that the federal statute defined "military value" in part by the capacity for joint activities. Mr. ushell explained that a base would be judged not only by its ability to serve the branch that o erated it; rather, it would also be judged by its value to the Department of Defense overall. H= said that it was clear that those bases that served more than one mission and served more than on branch of the military would receive a higher military value rating. Based on these criteria, Mr. ushell stated that NAS -Corpus Christi was a model installation because it trained Navy, Marine an Air Force aviators. He remarked that the Corpus Christi Army Depot was also a multi -service fa4ility because it repaired helicopters for all of the services. In addition, the Depot has partnered sluccessfully with the private sector to increase its efficiency. Regarding NAS - Kingsvil e, Mr. Bushell commented that it was a single -service, single - mission base, so it did not fall in tlje joint activities category. He said that during this BRAC, the DOD may look at combining the ntissions at another underutilized base, such as Del Rio. He said that the task force believed that it livas important to identify additional missions for Kingville. Finally, Mr. Bushell stated that NAS -Ingleside was also a single -service, single -mission base, but their Mine Warfare Center of Excellence may prove to be significant in demonstrating its value. He said that the task force nsver failed to mention that the community had voted three -to -one to provide significant funding for rhe construction of NAS -Ingleside. Also, Mr. Bushell said that NAS -Ingleside should be considered as a homeport for the Coast Guard Coastal Patrol vessels. He stated that the City of Ingleside was willing to pledge its sales tax for the amortization of the bonds to build additional wharf and pier space for the three Coastal Patrol vessels. If the vessels were patrolled there, then NAS -Kingsville would be an interagency base and support homeland defense. Mr. Bushell said that NAS -Ingleside would be an ideal home for Navy South and that, unlike most naval bases, it can accommodate additional growth. Mr. Bushell discussed a joint training concept for the 2151 Century. He said that it was a concept that the Secretary of Defense has charged the United States Joint Forces Command with implementing in October 2004. Bitsically, he said it would involve a place to do true, four -service training. He said that traditionally, the four services had not trained in the same battlespace together, Minutes - Regular Council Meeting September 16, 2003 - Page 12 yet that was how battles were fought. Mr. Bushell noted that the South Texas coastline was one of the least inhabited areas in the United States. Other pluses were that the area had excellent weather and it had substantial airspace that was controlled by the federal government. Mr. Bushell stated that the task force was also recommending the area as a Littoral Warfare Center of Excellence, located in the Gulf of Mexico, bec se the conditions are similar to those found in the Persian Gulf. He also said that Ingleside was t e only complex in the Gulf of Mexico that was well suited to support a carrier battlegroup. Mr. ushell also stated that one of the training concepts that the task force has presented for NAS -Kin sville was the concept of a Joint Close Air Support Center of Excellence. In conclusion, Mr. Bushe 1 stated that the Secretary of Defense had charged the United States Joint Forces Command with developing several joint national training capabilities in several parts of the United States by Octo er 2004. He said that ultimately, the Secretary of Defense had directed that 25 percent of all futu>f a training was to be joint training. He said that the states in the Gulf Region provided an ideal c ntral U.S. venue for joint training. Finally, he said that this regional venue can provide assets or all aspects of live, constructive and virtual training. In response to Mayor Nears question, Mr. Karlakeas reiterated that the fate of the four installations would be need to be impacted between now and May 2005. He said that the process being employed by the DOD, including data collection, analysis, projection and evaluation, was a secret process. He said that Sec-etary of Defense Rumsfeld had issued very strict, draconian requirements regarding confidentiality, saying that anyone who leaked information about the process would be prosecuted. He said, however, that there was nothing to prevent them from providing input into the process. Once the closure list was released in May 2003, Mr. Karlakeas stated that the DOD's process would become public information, but by this time, he said that it would be too late. Council Member Colmeneto commented that the presentation indicated that the plan would involve six states. He asked abopt the possibility of partnering with the other states to get the message across. Mr. Bushell responded that he would be in Louisiana next week to give the presentation to the Governor's Military Advisory Committee. He said that he had also been in contact with their Economic Development organization to obtain contacts to be forwarded to Ft. Hood. He said that Fort Hood has offered to host a conference on this training concept and invite members of the active duty military to attend, representing each of the bases. Mr. Colmenero suggested that the task force consider making presentations to the Texas Municipal Leagues, as well as other participating state leagues, and the National League of Cities to stimulate more civilian support. Council Member Scott remarked that the difference between this BRAC and previous experiences was that once the closure list was released, it was virtually impossible to be removed from the list. Mr. Karlakeas agreed, saying that the law was changed this time to make it more difficult for the commission to add other installations to the list. In the past, when the commission wished to take a base off the list, they were required to substitute it with another base. Mr. Karlakeas said that this time, a super majority of the commission (7 out of 9) was required to add another base to the list. Mr. Scott noted that another difference between this BRAC round and previous rounds was that the Department of Defense was in charge of the process. Mr. Karlakeas agreed, saying that this was a major difference. In the preceding BRAC rounds, the process was run by the services - e.g. the Air Force evaluated their bases, the Navy evaluated their bases, and so on. Minutes - Regular Council Meeting September 16, 2003 - Page 13 This time, he said that the DOD was being charged with task because the goal was to make the installations joint training facilities Mr. Scott also said that military value appeared to be a more important criteria than in past BRA s, and he said that a portion of that value would be measured by the capacity for joint training. r. Bushell agreed, saying that in the past, they had heard that naval bases and air force bases wo Id be considered as joint training sites. He said that air force bases tend to have more invested i them than naval bases because the Navy invests more of its money in its ships. Thus, in terms f amenities, the naval bases do not compare favorably with the air force bases. He said that it did not become an issue in the last BRAC, but it was clear that it would be significant in this BRAC ound. In response to Mr. Scott's uestion, Mr. Bushell stated that this would be the only BRAC for at least a decade. He noted that 't was also a realignment process, so it was also an opportunity to gain missions. Mr. Scott comm ted that the worst case scenario would be if the DOD decided to "mothball" facilities, meaning that they would be closed down but the communities would not be allowed to take them over for economic development purposes. Mr. Karlakeas said that some communities have been able to recover economically from base closure by redeveloping the land and putting it back on the tax rolls. He agreed that mothballing a facility was truly devastating to a community. Mr. Scott agreed th the real impact would need to be made now to ensure that the region's four installations would no appear on the closure list. He thanked the South Texas Military Task Force for their efforts. Council Member Kinnison sked what the task force's total budget was. Mr. Bushell replied that they had a $200,000 budget, t t was provided based on population. He said that San Patricio County, Kleberg County, the City f Corpus Christi, the Port of Corpus Christi and Nueces County all provided contributions. Mr. Ki6nison asked if Nueces County would be contributing this year. Mr. Bushell replied that a contributlion was not included in the budget that the county just adopted. Mr. Kinnison replied this seemed shortsighted. Mayor Neal agreed, saying that it was a real cause for concern because the task force budget was very lean as it was. He said other states have been spending millions of dollars on thi$ effort over the last few years. He said that the State of Texas, through Proposition 20, has now offered funds for communities to borrow to increase the military value of their bases. However, he said that this community would be called upon to demonstrate their support of this effort, so additional funds were going to be needed. Council Member Kelly ask$d how much money the county usually contributed. Mr. Bushell replied that the population number$ called for Nueces County as a whole to provide $150,000, but this amount was split evenly between the county, the city and the port. Thus, Nueces County was being expected to provide $50,000. He said that the county did pay for last year, but it was not in the budget for this year. Mr. Kelly asked if a $200,000 budget was sufficient. Mr. Bushell replied that as the base closure dates approached, the consultants would need to make more trips and make more calls. Subsequently, there were aspects of the budget that could be enhanced. But at this point, they were more concerned about how to meet their minimum budget requirements without the county's contribution. Mr. Kelly asked what the consequences would be if the county did not provide the $50,000. Mayor Neal replied that the consultants would not be able to continue to provide their services. Council Member Noyola asked if Kingsville and Ingleside were contributing toward this cause. Mr. Bushell replied affirmatively, saying that they were contributing based on their Minutes - Regular Council Meeting September 16, 2003 - Page 14 populations. In addition, he said that they supplemented the overall effort with their own resources. Mr. Noyola commented that the city could not afford to lose the services of the consultants, and that another source of funding would have to be found. Council Member Chesney asked what the task force was planning to do to replace this funding. Mr. Bushell replied that der last year's contract, the task force was required to submit a report to the county by the en of September, next Wednesday. He said that he would be presenting this briefing to the co my on next Wednesday. Mr. Chesney commented that if the county chose not to participate, it ould show a lack of commitment to saving the area's bases. He remarked that the county benefitte s from having the bases in the region, too, and that it needed to keep its priorities in mind during e budget process. Mr. Karlakeas stated that in addition to the efforts presented today, the task for e was active on the legislative front to secure appropriations that would strengthen the installations. He said, for example, that they were working on a $7.7 million appropriation to build a new mine warfare command headquarters in Ingleside. Council Member Kinniso asked if in prior closures, there had been an effort to obtain private funding. Mayor Neal repli - d that the hope was to continue these efforts without going into the community again. He said that in 1993-1995, the task force had raised $1 million from the community, mostly from the priv to sector. However, Mayor Neal said that there were so many other demands being placed on the ommunity that he made the decision to continue to depend upon those entities that have made a co mitment to economic development. He said that the next year was critical, so going to the com unity for additional funding may be necessary. There was no comment from the audience. City Secretary Chapa pound the Council for their votes as follows: 19. MOTION NO. 2003-337 Motion authorizing the Ci Manager or his designee to make the annual contribution of $50,000 to continue the Ci active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. The foregoing motion wa passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki ninon, Noyola and Scott, voting "Aye". * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 25, a presentation on the South Wharf Project. City Manager Noe said that staff had met with Mr. Loeb last week to talk about outstanding issues. He said that the purpose of the presentation was to bring the Council and the community up to speed on the proposal itself, in terms of construction and the land use mix. He said that the presentation was not intended to be a lease discussion at this point. He said that the goal was to reach a mutual understanding around the first of the year and have a lease in the Spring, which allow the Council ample time to place the issue on the ballot for the November 2004 election if they wish to do so. Mr. Leon Loeb said that he welcomed the opportunity to provide the Council and the Minutes - Regular Council Meeting September 16, 2003 - Page 15 community with an update on his proposal. He also welcomed the opportunity to get feedback from the public through the new "virtual meeting" format being used at today's meeting. Mr. Loeb briefly discussed his qualifications and provided information on his company, LandLord Resources. Then, he 'scussed the evolution of the downtown area from an active, commercial waterfront to an area t t was well inland and far removed from the waterfront, thanks to the construction of the seawall. a said that goal had been to protect the downtown area from storms, but an unintended result wa that the city lost its active waterfront. He noted that the current reconstruction of the seawall would ive the city an opportunity to define how we relate to the water. Mr. Loeb stated that the So th Wharf vision was aimed at reconnecting downtown with the bay by providing the following: a ocal point for bayfront activity; a distinctive place; an urban waterfront experience; live, work, pay ethic; life on the bay; and the best of Corpus Christi. He said that the goal was to create a vital a d energetic place where people, events and the bay meet. Mr. Loeb stated that the fol owing requirements needed to be in place for the project to be successful: must be politically acc ptable; must meet environmental standards; must benefit the public; and must be financially fea ible for the developer. Regarding the location of the proposed project, he said that it was locate at the south end of the marina. He said that it had been a maintenance problem in the past. Finally, Mr. Loeb said it was identified as a site for new development in the 1982 Master plan. He said that the space was proximate to a number of locations downtown, including the boat basin, the open bay, the beach and breakwater, public parking, the seawall, the Art Center, parks and a resort hotel. Mr. Loeb gave the following reasons why he chose the South Basin area for his proposed development: consistent with existing plans; multi -use, water -oriented focal point; underutilized location; breakwater protection; m nimal interference with upland views; existing public parking; and economical construction. He discussed the followinpg development concepts: primarily oriented toward water; comfortable outdoor public spaces;uses which build on existing activities; pedestrian environment; mixed use; meet FEMA Elevation i{equirements; and satisfy the preferences and expectations of the community. He also discussed the following development challenges: overcome perception of difficulty; develop a project that works; and 4eal with ongoing bayfront planning. Regarding the perception of difficulty, Mr. Loeb said that the perception existed in part because of laws imposed by the charter and by the state limiting municipal action. In addition, he said that the required referendum was a challenge because the project had to have public support and had to withstand public scrutiny. Finally, Mr. Loeb said that possible opposition from bayfront preservation groups and environmental groups was also an issue. To develop a project that worked, Mr. Loeb stated that the project must meet community preferences and expectations. He said that it had to financially feasible and operationally workable. Also, he noted that it must be a good deal for the city and a development of which the city could be proud. Regarding ongoing bayfront planning, Mr. Loeb acknowledged that the project would need to coordinate with the Buccaneer Carnival location, Shoreline Park development and the coliseum redevelopment. Minutes - Regular Council Meeting September 16, 2003 - Page 16 Mr. Loeb recognized the project team members involved with South Wharf, including the following: WKMC Architects; Go dston Engineering; Olivarri Associates; Harry Marks with Gary Thomasson Hall & Marks; John Bell with Wood Boykin & Wolter; Collier Johnson & Woods; and ICAP Realty Advisors. He also discussed a numb r of process elements, including the following: review existing plans and conditions; preliminary design; interactive public design development; negotiate lease with city; public information and r ferendum; permitting (Corp of Engineers and city Planning and Code Enforcement); final planni g and financing; construction; and operation. He noted that currently, the team was at the leas negotiation stage of the process. Mr. Loeb provided a list o participants in the interactive process, including the following: Water Shore Advisory Committee, Bay Yacht Club; Leadership Corpus Christi Alumni; Downtown Management District; Economic evelopment Corporation Board; Homebuilders Association; Republican Women; and the Coas al Bend Bays Foundation. Mr. Loeb provided a desi outline including the political imperatives and the physical design of the project. Regarding olitical imperatives, he said that the project must be additive so that it would not interfere with exi ting bayfront activities; privately funded; no tax concessions or rebates; and submit to a referendujn. With regard to the physical design, Mr. Loeb stated that the proposed project would take up about five acres of new land; up to 200,000 sq.ft. of buildings; mixed use project, including retail, entertainment, office and residential uses; over 14 feet elevation, like the seawall; pedestrian spaces and plazas; full marina and sailing support; subsurface parking for tenants; and use of existing Memorial Coliseum parking for visitor. Mr. Loeb provided a numbler of conceptual designs and diagrams for the proposed project. He said that the development coipponents included the following: retail and restaurant space - 40,000 sq.ft.; water equipment renjals- 5,000 sq.ft.; youth sailing center- 5,000 sq.ft.; beach service facility- 3,000 sq.ft.; office space- 40,000 sq.ft.; apartments (80 to 100 units)- 80,000 sq.ft.; marina, with up to 50 boat slips and stay -aboard facilities; and a hospitality component, including a bed and breakfast (20 rooms) and a small boat cruising center with 10 to 20 slips. Mr. Loeb noted that the preference was to have retail and restaurant facilities that were locally owned and reflected the types of merchants and restaurants that the community was accustomed to patronizing. When asked why there was so much activity planned for the area, Mr. Loeb stated that the financial feasibility required a multi -use development to absorb the high site cost. He also said that the activity would create greater community appeal, more opportunity, synergy and local expression. Mr. Loeb provided an optimal development timeline. As City Manager Noe mentioned earlier, Mr. Loeb said that the goal was to go through a public review and comment period and then negotiate a summary development agreement in Fall 2003. In January 2004, Mr. Loeb said that a draft of the summary development agreement would be submitted to the Council for their consideration followed by additional public review. In May 2004, he said that a development agreement and lease was anticipated to be completed and submitted for public review. In August 2004, he said that the documents and ballot language would be complete in time for the November 2004 election. Assuming the referendum passed, the permitting and final design of the project would take place between December 2004-2005. In January 2005, he said that construction on the Minutes - Regular Council Meeting September 16, 2003 - Page 17 project would begin. Finally, Mr. Loeb said that the project would probably open in Summer 2006. Finally, Mr. Loeb announced that a Public Open House and Listening Session on the South Wharf Project was scheduled for Thursday, September 25 from 4:30 p.m. to 6:30 p.m. in the Bayfront Convention Center, Roo 225. He said that a presentation would be given at 5:45 p.m. and that everyone was welcome. Council Member Cooper as especially since the city had just en. that his team had already begun the review. He said that he planned to more opportunities for public inpu website. Finally, he said that he w would be taken to record the trans noted that Mr. Loeb had been pres assumed that he had taken good n. project. Mr. Loeb replied that he h comments from those that reflecte doing a fairly good job of respond another "fatal flaw" analysis on t ed Mr. Loeb how he was going to address the public input issue, ed a tortuous process on the Landry's project. Mr. Loeb replied process by providing a great deal of written material for public ave more public Open Houses and Listening Sessions to create . He said that the plans were on his website and on the city's s hopeful that as the negotiations progressed, that good notes ctions for review by the Council and the public. Ms. Cooper nt for most of the Landry's public hearings. She said that she es, and that he would keep them in mind when presenting this d taken good notes, and was in the process of sorting the valid a resistance to progess. He said that he felt that the team was g to concerns. He said that his next step would be to conduct e permitting process, since one of the concerns raised by the public was that the project would tot be able to obtain a permit. He said that he knew of other similar projects that had been permitted, but that he would speak with the Corps of Engineers before spending any more time and resources on the project. Council MemberNoyola asked how many parking spaces the project would need. Mr. Loeb responded that approximately 400 off-site spaces would be needed during peak use. He said that he would like a commitment from the city to allow for this amount of parking within 800 feet of the proposed site. He noted that he did riot expect free parking or exclusive parking. In response to Mr. Noyola's question, Mr. Loeb said that the additional parking would be for visitors to the development, since the residents arid retailers would be assigned on-site parking. Council Member Kinnison asked what the process would be from this point. He also asked if the closed session on this item that was cancelled today would be rescheduled for next week. City Manager Noe replied affirmatively, saying that additional material would be furnished at that time. He said that staff would meet with Mr. Loeb next Tuesday morning to further discuss the matter with him. Mr. Kinnison commented that after the closed session, he hoped that the Council would be able to inform Mr. Loeb about the Council's perspective on the deal points for the project. City Manager Noe replied that at a minimum, he would learn how the Council wished to be represented during negotiations. Mr. Kinnison agreed, saying that he hoped that these measures would prevent a overextended process like the Landry's proposal. Council Member Kelly asked Mr. Loeb how the South Wharf project would reconnect the average citizen to the bayfront. Mr. Loeb replied that there would be public space around the perimeter and public space within the project in the plazas. He said that there would be a stage on the property that could be used as a public amphitheater with seating on the seawall. He also stated that they would be providing snacks and rentals for people on the beach. Finally, he said that he thought the development would be a center of commerce and would provide a number of amenities Minutes - Regular Council Meeting September 16, 2003 - Page 18 for downtown residents. Council Member Kelly ask d how much he thought the condos would cost. Mr. Loeb replied that at this point, he thought that rental apartments would be offered instead. He thought the rents would range from $1.80 to $2.00 a square foot per month, which he said was approximately 60 percent more than new, inland ap ments were asking. Mr. Kelly asked what the rent on the retail shops was anticipated to be. Mr. oeb replied that rent as a percentage of sales would not be much different from the rent for a small op in Padre Staples Mall. He anticipated that it would be $1.50 per square foot per month and a p rcentage rent rate of 6-10 percent. He said that the retail spaces were not necessarily high end. Council Member Kelly as ed if he had understood correctly that the expectation was to create the development without th contribution of public dollars. Mr. Loeb replied affirmatively, saying that the only concession the have asked for at this point was the extension of off-site utilities to the site. Mr. Kelly asked if the oardwalk and the thoroughfares would be open to the public at all times. Mr. Loeb said that they would be open to substantially to the public, just not during the early morning hours. Mr. Kelly asked if there were any expectations that the development would curtail activities on the marina. Mr. Loeb replied negatively. Council Member Garrett asked how many on-site parking spaces the development would have. Mr. Loeb replied that 250 spaces were programmed for the residents, retailers and office users. Mr. Garrett asked if the pertitting process could be accelerated so that it could be completed before the matter went before the voters. Mr. Loeb replied that it was possible, but that it would be expensive. Mr. Garrett said that he felt that the permitting process needed to be addressed quickly. Council Member Colmenero asked how the wetland area would be separated from the development and the existing breaker. Mr. Loeb replied that there were two ideas to accomplish this: fill the area with sand and create a sand volleyball court or convert it to a tide pool, similar to that at the Texas State Aquarium. Mr. Colmenero asked if Mr. Loeb intended to maintain the area and keep it free of debris. Mr. Loeb replied affirmatively. Mr. Colmenero asked if Mr. Loeb intended to dredge the area so that it could be used by boaters. Mr. Loeb replied affirmatively, saying that some dredging would probably be required. * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 20, and a motion was made, seconded and passed to open the public hearing on the following item: 20.a. Public Hearing to determine the advisability of establishing the proposed Rodd Field Public Improvement District. City Secretary Chapa announced that Council Member Scott was abstaining from the discussion and vote on this item. Assistant City Manager Ron Massey provided a brief background on the area in question, Rodd Field Village. He said that in 1989, the city annexed the area and had prepared a service plan as a result. In 1991, Mr. Massey said that staff worked with some of the property owners to get them into compliance. He said the basic problem was that when the property was originally sold, it was not platted because it was not required since it was outside the city limits. Minutes - Regular Council Meeting September 16, 2003 - Page 19 In 1999, Mr. Massey said that a la$suit was filed against the city because the city had begun code enforcement actions against property owners. As part of the settlement, the city agreed to work with the property owners to plat the properties. In October 2000, he said that the Council authorized staff to explore the feasibility of establ shing the public improvement district, established proposed district boundaries and established roposed public improvements. Since that time, Mr. Massey said that staff went through the process completing the rest of the actions necessary to get to this point, a public hearing and approval of th district. Mr. Michael Gunning, Dire tor of Planning, said that the issue in question was to establish a public improvement district for Rodd Field Village for the purpose of eliminating blighted conditions and improving the healt , safety and welfare through the following actions: platting all of the properties within the propos d district; providing a financing mechanism through the use of city and private funds for the inst lation of public infrastructure; and furthering the objective to ensure that existing and future de elopment is in compliance with state and local development regulations and building codes. Mr. Gunning said that prior ouncil action on this item was centered around Resolution No. 024261, passed on October 2000. a resolution authorized the City Manager to do the following: hire a surveyor to survey the propo ed district; hire an engineer and surveyor to prepare a plat of the property within the district; identi any property that needs to be acquired by dedication, purchase or condemnation; prepare final co estimates for the construction of the proposed improvements; and prepare a preliminary assessrrtent roll. At this point, Mr. Gunning reported that staff had accomplished all of these objectives. Mr. Gunning said that the resolution also directed the City Manager to make the following recommendations: adjustments in the boundary of the proposed district; specific improvements that should be constructed; method that should be used for assessing the appropriate costs to the property owners; apportionment of cost between the improvement district and the city; and how to fund the city's share of the costs. Regarding the adjustments to district boundaries, Mr. Gunning said that staff had received two property owner requests to adjjast the district boundaries. The first request was being made by Mr. Mark Bratton, who owns Parcel #51, which fronts on Yorktown Blvd. and sides up to what will eventually be the extension of Rodd Field Road. He said that Mr. Bratton has requested that the property be completely removed from the district. Mr. Gunning noted that the property is not platted, but a plat has been submitted and not finally recorded. Mr. Gunning said that staff was recommending the denial of the request for the following reasons: the opportunity existed to plat the property before City Council established the district boundaries; any withdrawal would create a negative impact upon other property owners; a withdrawal could encourage others to petition for withdrawal, eroding the support and leading to the possible dissolution of the district. However, Mr. Gunning stated that staff was recommending that upon recordation of the plat, the property owner receive a credit to his assessment in the amount incurred to plat the property. Mr. Gunning stated that the second request was received from property owner Eloy Salazar, who owns Parcel #24, situated at the southernmost end of the district. He said that Mr. Salazar has asked that the lot be reconfigured because the current configuration would be unsuitable for development. Mr. Gunning said that staff had concurred with Mr. Salazar's request, on the Minutes - Regular Council Meeting September 16, 2003 - Page 20 condition that the lot acreage remain the same. Regarding the requirement that the proposed improvements wastewater system improvements were estimated at $234,759. He sa. at this time, so construction will o With regard to the third rec staff was recommending to assess upon a survey of property owners legal criteria set forth in the T requirements set forth in Chapter petitions from property owners a within district boundaries; and eit than 50 percent of the number of from property owners accountin boundaries. for specific improvement recommendations, Mr. Gunning said to the water system estimated at $331,262. The proposed ere estimated at $103,467 and the street network improvements that the street network improvements only required dedication cur at a future date. mmendation for method of assessment, Mr. Gunning stated that he district costs based upon the lot acreage. He said that based this was the only method that had enough support to meet the xas Local Government Code. Mr. Gunning reviewed the 372 of the Texas Local Government Code as follows: signed ounting for more than 50 percent of the total appraised value er signed petitions from property owners accounting for more wners on record within district boundaries or signed petitions for more than 50 percent of the total area within district Mr. Gunning reported that ased upon a survey of the property owners, if the acreage method of assessment was used there wou d be enough signed petitions to account for the following: 70.7 percent of the total appraised valu within district boundaries; 56.1 percent of the property owners on record within district boundari s; and 43 percent of the total area within the district boundaries. Mr. Gunning concluded that no of er method of assessment received enough support to account for more than 25.6 percent of any oft e three criterion. With regard to the fourth re ommendation for apportionment of costs, Mr. Gunning said that the total costs had been estimated Ito be $880,000. He said that staff was recommending that the costs apportioned to the district w uld be $790,300, with the owner cost per acre being $9,201.42. He said that the city's costs would be $89,700. Mr. Gunning noted that the city's portion of the costs would be funded using CDBI3 monies. In conclusion, Mr. Gunnin that existing uses will be grandfath completion of the project. Finall owners within the district boundai said that the platting will allow for legal development. He said red. He noted that code enforcement activities will resume upon , Mr. Gunning said that the district would benefit all property ies and encourage future economic growth. Acting City Attorney Rein ng added that staff was recommending that the Council approve this item on its first reading. He said that the next action would take place next week, where the Council would be asked to adopt the ordinance on its second reading. If the item passed, then staff would publish an official notice in the newspaper. He said that a public protest period of 20 days after publication would allow property owners to file objections to the creation of the district. Assuming that the required number of people protesting was not met, Mr. Reining said that at the end of that period, all the engineering costs incurred by the district would be carried by the district. At that time, he said that staff would go out to the property owners and ask them to sign powers of attorney so that the property could be formally platted. If a power of attorney is not obtained from a property owner, their property will not be platted. He said that staff would complete the Minutes - Regular Council Meeting September 16, 2003 - Page 21 construction plans and take bids. Re said that then the next step in the assessment roll would be taken, and would published in the paper and mailed out to the Council. At that point, staff would ask the Council to award constructi n contracts. A public hearing would be held on the assessment roll, levy the assessments and deci a how the improvements would completed. City Engineer Escobar dis were various code enforcement nee the district. Mayor Neal asked for pub Marks, representing Mr. Mark Bratl was approved. Mr. Rehler content the proposed district, and thus improvements. He said that staff's decision to plat the property recentl said that on the contrary, property played a number of photos of the area. He reiterated that there ds in the area, and that staff was recommending the approval of ic comment. Mr. Jan Rehler with Garry Thomasson Hall & on, said that Mr. Bratton's assessment was $41,457 if the district led that Mr. Bratton's property was located on the boundary of ould not receive any benefit whatsoever from the proposed resentation implied that there was something wrong with staff's y, as opposed to when the boundaries were proposed. Mr. Rehler vas usually not platted until the owner wanted to sell it. He said that Mr. Bratton's cost to plat the pijoperty was $18,000. He said that Mr. Bratton's property did not require any of the other proposed hater, wastewater and street improvements. He reiterated that there was no benefit to Mr. Brattoif s property and he requested that the property be excluded from the boundaries of the proposed district. Mr. Tony Bender, a resident of Rodd Field Village, spoke in support of the proposed district. Council Member Kinnison asked staff to respond to Mr. Rehler's comments. Assistant City Manager Massey said that the two properties that were excluded were properties that were already platted. Regarding the benefit to Mr. Bratton's property, Mr. Massey said that staff's intention was to solve an existing problem in the area and to try to be as fair as possible to all the property owners in the area. He said that excluding Mr. Bratton's property would increase the cost per acre for the remaining property owners by $500. Acting City Attorney Reining added that the benefit to Mr. Bratton would be that the improvements would enhance the value of his property because his neighbors would have property that could be developed legally and was up to code. He said that if the city allowed the properties on the perimeters to be excluded, it would substantially drive up the cost for everyone else. Council Member Kinnison spoke in support of the proposed district. Council Member Kelly asked how much it would cost the city if private developers were to provide infrastructure to the area. City Engineer Escobar replied that the city's costs would be nothing, because developers would assume the costs for the improvements. Mr. Kelly noted that the city was contributing $90,000 in this effort. He asked how the proposed district qualified for CDBG funds. Acting City Attorney Reining replied that there were some existing low-income residents living in Rodd Field Village, and the area was deemed eligible for funds by the former department of Housing and Community Development, now known as the Neighborhood Services department. Council Member Chesney took exception with staff's inclusion of Mr. Bratton's property in the proposed district because he felt that it was not benefitting him. He asked if Mr. Rehler's statements were true that the proposed water, wastewater and street improvements did not directly benefit Mr. Bratton's property. Assistant City Manager Massey verified this, but said that Mr. Bratton's property was not the only property that was situated this way. He said that staff's Minutes - Regular Council Meeting September 16, 2003 - Page 22 perspective was once this argument was accepted for some property owners, then the benefit for the other property owners would have to be quantified. He said that this would require a judgement determining how much benefit wa4 not enough, which was impractical. Mr. Chesney disagreed, saying that Mr. Bratton's property was getting no benefit whatsoever. He again asked what the benefit would be to Mr. Bratton's p perty. Mr. Massey replied that one of the initial benefits would have been to plat the property, bu Mr. Bratton decided to plat the property himself before the process was completed. Mr. Escob r noted that Mr. Bratton would be credited for this amount. Mr. Chesney remarked that this would 'ust help Mr. Bratton break even. He was concerned that the process was not fair to everyone i olved. Mr. Massey replied that it may not be completely fair for Mr. Bratton, but it was fair for a significant number of property owners in the area. Mr. Chesney took exception to this, saying that) one person should not be slighted even if it was in the best interests of everyone else. Mr. Ma ey replied that in his view, city government's role was to make decisions that benefitted the greate�good. Mr. Chesney disagreed, saying that an effort should be made to ensure fair treatment for e'eryone. A discussion ensued on de ermining the benefit to Mr. Bratton's property. Mr. Chesney expressed his concern that althoug the proposed district was a good way to address the problems in the area, he wanted assurances that the process was fair to everyone and would benefit everyone. Mr. Gunning replied that the impgovements to the area overall would enhance the value of Mr. Bratton's property. He stressed that the removal of the property could cause other property owners to request exclusion, resulting in the collapse of the project. City Manager Noe reemphasized that if staff were to go property owner by property owner, other property owners would make the same argument that they were not receiving any benefit. He said that staff defined the area upfront, and Mr. Bratton had not submitted his Oat at that point. He said that staff treated all the property owners in the proposed district in the same fashion. He said that using this approach would result in the collapse of the project. Council Member Kinnison spoke in support of staff's argument, saying that this area has needed assistance for a long time. Mr. David Hull, a property owner in the proposed district, spoke in support of the proposed district. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 20.b. FIRST READING ORDINANCE Determining advisability, nature and cost of improvements; determining district boundaries, assessment method and apportionment of costs between district and city as a whole; approving and filing preliminary assessment roll; and authorizing and establishing the Rodd Field Public Improvement District. The foregoing ordinance was passed on its first reading by the following vote: Neal, Chesney, Colmenero, Gartett, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper was absent; Scott abstained. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 16, 2003 - Page 23 Mayor Neal called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding problems with Solid Waste services and his opposition to fee increases. Mayor Neal announced the xecutive sessions, which were listed on the agenda as follows: 26. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation, et al, No. 96-12-7404-A, 107'h District Court, Cameron Co»nty, Texas; the remaining related claims of the City of Corpus Christi against PG&E's successor, Gulfferra Texas Pipeline, L.P. and other entities; and similar claims of the City of Corpus Christi against other similar entities with possible discussion and action in open session. 27. Executive session under Te*as Government Code Section 551.071 regarding CCMCA, Inc., a Texas Corporation vs. City of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division with possible discussion and action in open session. 28. Executive session under Texas Government Code Section 551.071 regarding potential claims against the City's former third party administrator, former stop loss carrier and the stop lost carrier's administrator with possible discussion and action in open session. 29. suu v,r Tq.0/1, JJ t.0/La aJJ t. Oj•c t•u»tl.., Ceipus CL, inti Mai iaa v0;th pk.7 iiscuSbiOu au open S S .o.. WITHDRAWN The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 27. MOTION NO. 2003-338 Motion authorizing the City Manager to execute the Stipulation and Order of Dismissal for Cause Number C-03-170, styled CCMCA vs. City of Corpus Christi pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, under the terms and restrictions set forth in the stipulation. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison, voting "No"; Cooper was absent. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 16, 2003 - Page 24 Mayor Neal opened discussion on Item 21, and a motion was made, seconded and passed to open the public hearing on the following item: 21.a. Public hearing to consider vacating and abandoning a 19,144 square foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) out of Lot 13, Section 19, Flour Bluff and Encinal Farm and Garden Tracts. Assistant City Manager argie Rose said this action was being requested for future development of a residential subd vision. City Engineer Escobar added that this was street was going to be rededicated at a differertt location. There was no comment from the audience. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 21.b. ORDINANCE NO. 02549q Ordinance vacating and abandoning a 19,144 square foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) out of Lot 13, Section 19, Flour Bluff and Encinal Farm and Garden Tracts; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. City Manager Noe announced that, due to the lateness of the hour, the presentations scheduled on the Fourth Quarter FY 2002-03 Budget Report and Bond Issue 2000 could be postponed until next week if the Council wished. The Council concurred. Mayor Neal called for the City Manager's report. City Manager Noe reminded the Council that this Thursday at 4:30 p.m., a hard hat tour of the new arena facility was scheduled, followed by a reception for Marc Solis. He distributed the current draft of the South Central Area Development Plan, including a list of stakeholders. Finally, Mr. Noe displayed the plaque that the city received as an All -America City. Mayor Neal called for Council concerns and reports. Council Member Scott asked staff to look into a number of complaints he has received from citizens near Pope Park who are trying to redo a sidewalk but are waiting for a contract to be signed by the city and the school district. He also said that a citizen complained that a city truck was spewing recycling matter on S.P.I.D. near the Oso Parkway. Finally, he asked if there had been a change in how the city was handling median mowing on the island. Mr. David Ondrias, Acting Director of Park and Recreation, said that mowing on Park Road 22 was being contracted out, and the contract was up for renewal at the end of September. Council Member Soot( said that his constituents seemed happy with the way it was being handled now, and he would be concerned if the city were to take over the mowing. Minutes - Regular Council Meeting September 16, 2003 - Page 25 Council Member Kinnison asked how long the city had been doing Saturday garbage pick- up. Assistant City Manager Massey said that Saturday pick-up had been scheduled since October 2001, during the first phase of automation. He said that the six-day schedule had been implemented in about half of the city. At this paint, Mr. Massey said that the rest of city was being transferred to this schedule. Mayor Neal asked Mr. McDaniel to discuss the recent confidentiality issues that have arisen regarding posting delinquent utility accounts. Mr. McDaniel said that state law allowed residential account holders to keep their information confidential. In response to Mayor Neal's question, Mr. McDaniel said that the largest number of delinquent accounts were held by individual residents. Mr. McDaniel said that staff has gotten more aggressive about collecting on these accounts, and a new UBO manager has been hired to continue with this effort. Mayor Neal commented that it appeared that there were about $3 million in delinquent accounts. He said that it was critical that the city begin collecting on these delinquent accounts. He said that he would like to see a new policy come before the Council within the next few weeks. Mayor Neal referred to a constituent letter and asked how much revenue the boat slips would generate if an additional dollar was added. Mr. McDaniel said he would look into it. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:45 p.m. on September 16, 2003. *************