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HomeMy WebLinkAboutMinutes City Council - 02/10/2004I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of February 10, 2004, which were approved by the City Council on February 17, 2004. WITNESSETH MY HAND AND SEAL, this the 17th day of February 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 10, 2004 - 9:05 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney Javier D. Colmenero Melody Cooper (Arrived at 10:18 a.m.) Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Ms. Kay Dunlap of First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 January 27, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Civil Service Board/Commission Leonides G. Bazar (Appointed) Committee for Persons with Disabilities Crystal Lyons (Reappointed) Linda Falwell -Stover (Reappointed) Billy Ray Sayles (Reappointed) Toni Padilla (Reappointed) Leadership Committee for Senior Services H. Rex Amick (Reappointed) Apolonia Cantu (Reappointed) Anna Gonzales (Reappointed) Pauline Johnson (Reappointed) Donna Cisneros (Appointed) Juan Del Bosque (Appointed) Lou Trlica (Appointed) Curtis Ford (Appointed) Barbara Deguzis (Appointed) Hope Franklin (Appointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-18). City Secretary Chapa announced that Item 11 was being withdrawn by staff. Council members requested that Items 4, 5, and 8 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 18, constituting the consent agenda, except for Items 4, 5 and 8 Minutes - Regular Council Meeting February 10, 2004 - Page 2 which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-039 Motion approving the purchase of two (2) tractors and seven (7) rotary weed cutters from Gulf Tractor, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0024-04 based on low bid and low bid meeting specifications in the amount of $109,248. This equipment will be used by the Storm Water and Water Department. Funds have been budgeted by the Maintenance Service Department and the Water Department in FY 2003- 2004. One item is an addition to the fleet, the remainder are replacement units. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6.a. RESOLUTION NO. 025642 Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $17,300 to be used for the purchase of Crisis Information Management System for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6.b. ORDINANCE NO. 025643 Ordinance appropriating a $17,300 grant from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund for the purchase of Crisis Information Management System for the Corpus Christi Fire Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 7. MOTION NO. 2004-042 Motion authorizing the purchase of WebEOC, a crisis information management software package, from ESi as a sole source purchase, in the amount of $41,524 with funds coming from a $17,300 grant from the Coastal Bend Regional Advisory Council and $24,224 from the proceeds of the Metropolitan Medical Response System contract with the United States Department of Homeland Security. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting February 10, 2004 - Page 3 9. MOTION NO. 2004-044 Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction Company, of Corpus Christi, Texas in the amount of $309,320 for the Gas Department Building Remodeling, Phase 1 Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 10. MOTION NO. 2004-045 Motion authorizing the City Manager or his designee to execute a construction contract with Progressive Structures, of Corpus Christi, Texas in the amount of $211,750 for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 11. WITHDRAWN In. .e'mg 5u viCcS cOldlaCt wit11 M. Atu1111 11Cu51C1, I. anu ASSOa.1ar1.5, IIIc., Oustun, 1'eAa3 to an alnount-nut 1 .. . . . . . . . . all l.ulltt at, QutuuwulJ Iul 11111.11u1 III VII VI L11 11.116 lrauspoltatioii SCCuuty AQa, 12. MOTION NO. 2004-046 GADO JI pC�tivu Station an pua Cl1113t1 111 Ina km Motion authorizing the City Manager or his designee to execute a Warranty Deed and a Utility Easement with D.H. Braman, et al in the amount of $40,439 for Parcels 5 and 5UE, both parcels being out of Lots 49, 50, 51, and 52 of the Artemus Roberts Subdivision and the Adams, Beaty, and Moulton Survey No. 411, Abstract 554, located along the west side of McKinzie Road, south of Haven Drive, in connection with the McKinzie Road Street Improvement Project, Haven Drive to South City Limits, Phase 2, Bond Issue 2000. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 13. MOTION NO. 2004-047 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Rycon E & C, LLC, of Kingsville, Texas, in the amount of $82,280 for the Wastewater Clean -Out Installation Program FY 2002-2003. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting February 10, 2004 - Page 4 14. ORDINANCE NO. 025644 Ordinance appropriating $20,000 from the Port of Corpus Christi into Park Capital Improvement Program Fund No. 3280 for the Bayfront Master Plan; and amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $20,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 15. FIRST READING ORDINANCE Clarifying the Definition of Well in Section 35-24, Code of Ordinances, City of Corpus Christi. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 16. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a First Amendment to the Lease Agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. ORDINANCE NO. 025645 Amending Article V, Code of Ethics, Chapter 2, Code of Ordinance, relating to outside employment; and providing for penalties. (First Reading 01/27/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting February 10, 2004 - Page 5 18. RESOLUTION NO. 025646 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Bureau of Reclamation in the amount of $12,100 for technical and financial assistance to develop and implement a Water Management and Conservation Plan, with a City match of $12,100 in the No. 4010 Water Fund, for a total project cost of $24,200. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 4 regarding the purchase of an ambulance for the Fire Department. Mr. Kinnison asked about the disposal of older equipment that was being replaced. He asked what process was used to dispose of this equipment, asking if staff was using the Internet to sell this type of equipment. Mr. Jim Davis, Director of General Services, replied that staff did use the Internet to auction off heavy equipment because it was the a good way to widely publicize the sale to potential out-of-town buyers. 4. MOTION NO. 2004-040 Motion approving the lease purchase of one (1) ambulance from Wheeled Coach of Orlando, Florida based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the lease purchase of Ericsson radios and fire com system from Dailey Wells Communications, Inc., of San Antonio, Texas based on sole source for a total amount of $150,364, of which $16,000 has been budgeted in FY 2003- 2004. The ambulance will be used by the Fire Department. This unit is a replacement. Financing will be provided through the City's lease/purchase financing program. Wheeled Coach Orlando, Florida Ambulance - $131,945 Dailey -Wells Communications, Inc. San Antonio, Texas Ericsson Radios and Fire Com System - $18,419 Grand Total: $150,364 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper and Scott were absent. Mayor Neal opened discussion on Item 5 regarding the Baseball Stadium "Percent for Art" Project. Mr. Colmenero asked how this item was related to Item 23, an overview on the "Percent for Art" program in general. City Manager Noe responded that Item 23 was placed on the agenda by Council request to consider whether the "Percent for Art" ordinance should be amended or revised in anticipation of Bond 2004. He stated that Item 5 strictly followed the ordinance as it was currently written. Minutes - Regular Council Meeting February 10, 2004 - Page 6 5. MOTION NO. 2004-041 Motion authorizing the appointment for an ad hoc peer panel to the Arts and Cultural Commission, consisting of arts professionals and community peers to make recommendation for Baseball Stadium "Percent for Art" Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 8 regarding a professional services contract for the Downtown Drainage Improvements Project. In response to Mr. Colmenero's question, City Engineer Angel Escobar replied that the amendment to the contract with Urban Engineering would complete the plans and specifications for Phase 2 of the Downtown Drainage Improvements Project, including the Agnes Street box, the balustrade and the relief lines that lead to the Kinney Street substation. 8. MOTION NO. 2004-043 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount of $374,813 for the Downtown Drainage Improvements Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Garrett were absent. Mayor Neal called a recess to hold the Corpus Christi Community Improvement Corporation meeting. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal referred to Item 20, a special consideration item regarding the City/County jail contract. City Manager Noe commented that at their last meeting, the Council had indicated that they wanted to present the city's proposal directly to Commissioners Court for their consideration, in hopes of resolving this issue. He also said the Council had indicated that if the city were to offer enhanced magistration services in combination with the contract, this may present an opportunity to potentially increase efficiencies for both entities. In response, the Council had directed staff to develop a number of options with cost estimates for the Council's consideration. He said the purpose of the presentation was to develop a recommendation that would be included in the letter to Commissioners Court for their consideration. Police Chief Pete Alvarez Jr. reviewed staff's initial recommendations regarding the jail contract. He said their recommendation was to establish a central magistration center and a temporary detention facility. He said the detention facility would be located on the first floor of the Police Department in the existing property room. The central magistration center would be incorporated in the same facility. He said the estimated cost for the first year was $1.8 million, and Minutes - Regular Council Meeting February 10, 2004 - Page 7 for the second year was $1.2 million. As a follow-up to the discussion held at the last meeting, Chief Alvarez stated that Judge Tamez would discuss the several options staff had developed for the Council's consideration. Out of the four proposals that had been developed, Judge Tamez discussed Proposal 1A and Proposal 3 in more detail. He said Proposal 1A assumed that the county would want the city to assume responsibility for all magistrate hearings, to be done at the county jail either in jail or by video. He said the magistration would take place Monday through Friday, 24 hours a day, and once a day on Saturdays and Sundays. To accommodate this schedule, Judge Tamez requested the appointment of the current part-time judge to a full-time position, at a net cost of $99,707 including benefits. He said a judge would be on call do the magistration by video from 8:00 a.m. to 6:00 p.m., Monday through Friday. He said one of five judges would handle hearings from home from 6:00 p.m. to 8:00 a.m. each night on Monday through Friday, including holidays. He also proposed increasing the responsibilities and salary for the present judges assistant and the addition of another clerical person at a cost of $28,000. Judge Tamez said the present judges would receive a $25,000 increase in basic salary to compensate for the additional work and responsibilities related to the magistration duties, totaling $119,410 (including benefits). Finally, he said that the cost to purchase and install the necessary video equipment was $34,415 in the first year, and the recurring cost would be $9,590. Council Member Garrett commented that the county had some video equipment already in place at the jail that the city could possibly use to reduce costs. Judge Tamez reviewed Proposal 3, which assumed that the city would have to build a detention center. He said in this scenario, the object would be to magistrate prisoners as quickly as possible (no longer than 12 hours), except on weekends and holidays. He compared the costs to Proposal 1A, saying that the costs were basically the same, except that the city would need to hire three part-time judges to cover the magistration once every 8 hours from midnight on Friday through midnight to Sunday, at a net cost of $16,047. He said the total cost for Proposal 3 in the first year would be $297,578, and the recurring cost would be $272,754. City Manager stated that the Municipal Court Committee was recommending Proposal 1A as the city's best offer to present to the county. He said Proposal 3 related was staff's response to the Council's discussion about the potential for reducing the cost of a magistration center. He said it was important to keep in mind that the focus of the discussion should be on what the Council wants to offer to the county, not the city's cost for running the detention facility. Council Member Chesney asked for more information on Proposal 1B. Mr. Noe answered that Proposal IB assumed a lower level of service for magistration in the city's facility, at a frequency of once a day by our magistrates. Mr. Chesney replied that he and Mr. Scott had discussed a possible hybrid of Proposal 1B, adding part-time help on the weekends. Mr. Scott elaborated that the city could continue to pay the full-time judges their regular salary, and hire part- time judges at a cost of approximately $78,000. Judge Tamez stated that the cost may be more than $78,000 if the part-timers were required to work more hours. City Manager Noe presented the Council with two options for the county's consideration. He said Option 1 would increase the current contract to $500,000 plus the CPI and maintain all other Minutes - Regular Council Meeting February 10, 2004 - Page 8 aspects of the contract. He said Option 2 would offer $275,000 plus CPI and maintain all other aspects of the contract, but add county jail magistration (Proposal 1A) as recommended by the Municipal Court Committee. For either option, he also suggested that the city ask the county to extend the drop -dead date for the expiration of the jail contract by four months to allow the city sufficient time to work through their options. Finally, Mr. Noe briefly mentioned a number of other more remote options. Mr. Kinnison asked what the estimated additional annual cost incurred would be over the current contract if the city were to operate a detention center. Ms. Pat Eldridge, Management Assistant for the Police Department, replied that the recurring cost would be $347,000. Mr. Kinnison said he did not believe the city really wanted to build and operate its own detention center because it wasn't in the city's best interest. Thus, he said he was willing to make any offer to the county up to the amount of the additional cost the city would incur if it were to operate its own facility. He added that he hoped the city would ask the county to extend the drop -dead date for the contract by six to 12 months to allow for more discussion so the right decision could be made. * Ms. Cooper arrived at 10:18 a.m. Mr. Scott commented that both entities would incur costs if the city were to take over operations. He asked if there was any sense of what the county's cost would be. Mr. Noe replied that the county would have to replace the identification work the city was currently providing, and possibly provide magistration services on the weekend. He added that there was no set number, but the $500,000 offer was a way of recognizing that both sides incur expenses if the negotiations were to fail. Mr. Scott concluded that he was not opposed to Option 1, but did not support Option 2. Mr. Garrett stated that during the 1991 jail consolidation negotiations, the community made it clear that they did not support duplication of jail services. He hoped that the county would enter into good faith negotiations and offer the city an extension to the drop -dead date for the jail contract. Mr. Kelly agreed with Mr. Kinnison that the realistic cap for the offer needed to be what the city's additional costs would be. He said this was why he proposed that the city take over the magistration system because the city could provide the service more efficiently. He said he was not opposed to offering the county both options at the same time for their consideration. He expressed his concern that the taxpayers would ultimately bear the burden if the negotiations failed. Mr. Chesney stated he could not support either option because they were not in the best interest of the community. He said he respected the committee's recommendation, but he blamed the county for their failure to negotiate, putting the city in this position. Mr. Noyola stated that the city needed to provide the county with options, emphasizing the financial consequences if they refused to negotiate. He agreed with Mr. Kinnison's idea of putting a cap on the offer equivalent to the city's additional costs if they were to take over operations. Ms. Cooper stated that the county had done nothing to further the negotiations in this process. She believed that the county was going to refuse the city's offer anyway, so the city might as well implement their plan to construct and operate their own facilities. Minutes - Regular Council Meeting February 10, 2004 - Page 9 Mr. Colmenero agreed with Ms. Cooper, saying that the city had taken the only initiative in the negotiations. He said it was unfortunate that the county had decided to balance its budget at the expense of the taxpayers. He encouraged the county to enter into a true dialogue with the city on this issue. Mr. Scott reiterated that he did not support Proposal 1A, so he did not support Option 2 because it included Proposal 1 A. He also stated that he did not want the county to be given specifics on how the city would pay for the services. Mayor Neal requested that Mr. Garrett take Mr. Scott's concern into consideration when making his motion. Mr. Garrett made a motion directing the City Manager to offer the following final proposals regarding the City -County Jail contract to the Nueces County Commissioners Court for their consideration: 1 - Increase the current annual payment by the City to the County of $275,000 to $500,000 and allow for an annual increase per the Consumer Price Index; and 2 - Maintain the current annual payment of $275,000 and allow for an annual increase per the Consumer Price Index, and the city will continue to provide a full complement of identification technicians and, in addition, the city will provide magistration services sufficient to magistrate prisoners at the County Jail on a more frequent, daily basis. He also requested an extension of the termination date of the current contract for four months. The motion was seconded by Mr. Colmenero. Mr. Kinnison made a motion to amend Mr. Garrett's motion by requesting an extension of the contract for twelve (12) months until September 12, 2005 to allow the City and County to fully consider all details relating to the agreement, seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes on the amendment, and it passed with the following vote: Chesney, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal, Colmenero, Cooper and Garrett, voting "No". City Secretary Chapa polled the Council for their votes on the motion as amended as follows: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney voting "No". Mayor Neal stated that the city would draft their offer to the county providing as much detail as necessary, and he and the City Manager would ask for an agenda presentation to the County Commissioners' Court as soon as possible. Mayor Neal announced that he was moving Item 30 regarding the Non -Discrimination Ordinance up for discussion in one hour at approximately 12 noon, after public comment. * * * * * * * * * * * * * Mayor Neal referred to 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 adopting the revised South Central Area Development Plan; establishing the City's Comprehensive Plan Policies on the downtown, uptown, bayfront, bayfront arts and science park and surrounding areas for protection of the environment, future land use, transportation, public services, and capital improvements; and amending related elements of the Comprehensive Plan including the Urban Transportation Plan. City Manager Noe noted that there was excellent turnout for the public meetings on the plan. He said Mr. Michael Gunning, Assistant Director of Development Services, would present a number Minutes - Regular Council Meeting February 10, 2004 - Page 10 of minor changes to the plan. Based on the input obtained from the public meeting, Mr. Gunning presented a number of recommendations. First, Mr. Gunning stated that the Planning Commission recommended the insertion ofa new policy statement, Policy Statement B.2, in the Land Use Section of the plan which placed "the highest priority on the creation of activities on the bayfront that benefit the citizens of Corpus Christi and that take advantage of the unique natural amenities of the bayfront, including wind, water and temperate climate". The second recommendation was to reword Policy Statement B.4 in the Land Use Section to "create economically viable incentives for promoting development of new tourist oriented uses on private properties fronting Shoreline Boulevard, within 90 days of adoption of this plan". The third recommendation was to insert a new policy statement in the Transportation Section, Policy Statement C.13, to "promote multi -modal transportation including bike paths and bike parking". The fourth recommendation was to insert a new policy statement in the Economic Development Section to state that "the expanded Convention Center and new Arena will be a major economic stimulus to the regional economy by bringing in revenue from outside the region. The primary goal for the Convention Center and Arena is to operate continuously to host conventions or other goals". The fifth recommendation was to insert a new policy statement in the Economic Development section, Policy Statement D.11, stating that "the city will explore renovation and adaptive reuse of the coliseum". The sixth recommendation was to insert another new policy statement in the Economic Development section, Policy Statement D.12, stating the goal to "coordinate with Texas A&M University to create a new off-site campus with student housing in or in close proximity to the South Central Area". The seventh recommendation was to revise Policy Statement E.1 in the Public Services Bayfront Park Section, Policy Statement E.1, which states that "the City, in partnership with the Downtown Management District, the Port of Corpus Christi, the Regional Transit Authority and the Metropolitan Planning Organization will conduct a special community wide planning process to determine the most acceptable manner in which to create a bayfront park. A fixed rail trolley with overhead electrical lines should not be located on the bayfront". The eighth recommendation was to revise Policy Statement E. 15 in the Public Services Marina Section to read "protect and promote the Marina primarily for marina uses. Enhanced marina facilities will include expansion and improvement of existing Marina facilities". Finally, the ninth recommendation was to insert a new policy Statement in the Public Services Marina Section to read "extend the marina breakwater southward to create a protected sailing area in front of McGee Beach, Emerald Beach and Cole Park". Mr. Gunning concluded by saying that the Commission felt strongly about their recommendations on the marina and on economic incentives. He also said the plan draft would include a narrative to explain how the policy would be applied. Mr. Scott asked for clarification of the first recommendation. Mr. Bob Payne, Senior Planner, stated that the Planning Commission wanted to ensure that the plan emphasized development that would benefit the citizens as well as the tourists. Ms. Barbara Bailey, Director of Development Services, added that the plan also encouraged water -related activities because they were unique to the area (e.g. windsurfing). Mr. Scott expressed his concern that the plan wasn't specific enough in some areas, relying Minutes - Regular Council Meeting February 10, 2004 - Page 11 on "case-by-case" determinations. He said the developers in the area were looking for more certainty in the plan. Mr. Noe replied that the plan was specific but also allowed for flexibility. Mayor Neal asked that members of the Planning Commission attend the second reading of the plan so the Council could ask them questions directly about their recommendations. Regarding the second recommendation, Mr. Kinnison stated that he thought there were enough economic incentives in the downtown area. Mr. Noe replied that in most communities, it takes some level of effort on the parts of the business community and the municipalities to stimulate redevelopment of declining areas. Mr. Gunning provided a brief history on the South Central Plan, including the history of downtown planning, background and progress of the plan, and highlighted sections of the plans for the Council's review. Mayor Neal asked if the Planning Commission's recommendations included the comments made by Mr. Leon Loeb. Mr. Payne answered that one of suggestions Mr. Loeb felt most strongly about was that the plan was too aggressive on those select blocks on the bayfront. In response, the Planning Commission's second recommendation addressed this concern by deleting the wording about establishing a new zoning district for the rezoning of properties along Shoreline Boulevard. Mr. Payne said Mr. Loeb was also strongly in favor of conducting a market analysis to determine what the area's growth potential was. Mayor Neal remarked that he thought Mr. Loeb's idea that the plan should be designed for lifestyle rather than attractions, and he thought sections of plan reflected this thought. Mayor Neal asked about the commission's concerns about the fixed rail trolley. Mr. Gunning replied that the commission was mainly concerned that the overhead electrical lines would be unaesthetic. Mr. Colmenero noted that the baseball stadium was not included in the plan, and thought it should be added to the section regarding the convention center and new arena. Mr. Scott asked if the R.T.A.'s plan was to run the trolley on Shoreline Drive, and he requested a copy of their plan. City Manager Noe replied that Shoreline Drive was one of the options the R.T.A. was considering, and said he provide him with the plan. He said the charette also included a trolley route, but down Water Street instead of Shoreline Drive. Mr. Scott asked if the R.T.A. was aware of the plan's position on the trolley. Assistant City Manager Massey replied affirmatively. City Manager Noe remarked that the plan was not opposed to the trolley itself; rather, the opposition was to the overhead lines because they were unaesthetic. Mr. Garrett asked why Corpus Christi Beach was not included in the plan. Mr. Noe responded that Corpus Christi Beach was not in the South Central planning area; rather, it was in the Northside planning area. Mr. Kinnison stated that he was not in favor of creating new economic incentives. He said he would rather increase the promotion the existing economic incentives. Regarding the trolley system, he said the Council needed to move forward quickly on their direction to staff because the Minutes - Regular Council Meeting February 10, 2004 - Page 12 route would create different capital projects. He said his personal preference was not to have the trolley run on Shoreline Boulevard but on Water Street instead. Mr. Kinnison also asked if Texas A&M University -Corpus Christi was interested in having an off-site campus with student housing. City Manager Noe replied that the university was interested in having a presence downtown, but did not say they wanted a "campus" per se. A motion was made, seconded and passed to close the public hearing. Mayor Neal asked when the item would be scheduled for a second reading. Mr. Gunning replied that the plan was scheduled for a second reading on February 17. City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for a recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. There were no comments from the audience. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and opened discussion on Item 30 regarding the non- discrimination ordinance. Mr. David Ramos, Director of Human Relations, stated that when staff first presented the proposed non-discrimination ordinance to the Council in July 2003, the Council issued a number of directives regarding the ordinance. First, he said the Council requested that staff seek more public input from potentially impacted parties and interested organizations/associations. Second, the Council wanted more information from other cities. Third, the Council asked for more information on the City of Austin's experience with their ordinance since it was used as a model by the Committee for Persons with Disabilities. Fourth, staff was to report on the "unknown" issues. Fifth, staff was to further assess the necessary resources and implementation of the ordinance if approved. Finally, staff was to provide funding option(s) if approved for implementation. Regarding the first directive, Mr. Ramos reported that the Committee for Persons with Disabilities held four monthly public meetings between August 2003 and November 2003. He said the proposed ordinance was available for viewing at City Hall, the city's public libraries, and on the city's website. He said staff contacted 29 associations/organizations, 19 of which met with staff to discuss the ordinance. He said the associations were invited to learn of recent revisions to the draft ordinance on January 7, 2004. In total, Mr. Ramos stated that approximately 388 public comments were received. While the consensus was that persons with disabilities should not be discriminated against, the proposed ordinance itself received comments in support and in opposition. Regarding the information from other cities, the top 25 U.S. cities, based on population, were surveyed. Of the 25 cities contacted, 12 cities responded that they did have a non-discrimination ordinance, whether having a separate ordinance, having multiple ordinances or contract language provision(s) for accessibility. Six cities responded that they did not have this type of ordinance, and 7 cities did not return a response. Minutes - Regular Council Meeting February 10, 2004 - Page 13 Regarding the Council's request for more information on the City of Austin's experience regarding the ordinance, Mr. Ramos stated that in addition to their ordinance, Austin included contract language and contract assurance for ADA compliance by contractors. He said the ADA Coordinator conducts annual mandatory meetings on contract compliance requirements for contractors. He said the City of Austin addresses non-compliance issues through complaints only. He said Austin's ADA Coordinator said the city had not experienced any formal complaints under Austin's ordinance, only inquiries. Regarding the Council's request for more information on the "unknowns" of the ordinance, Mr. Ramos stated that it is unknown which businesses and entities would comply with accessibility requirements. He said the potential costs to business and entities was also an unknown, as well as the volume of inquiries and complaints based on disability. Finally, Mr. Ramos cited that the potential liability costs and possible litigation costs to complainants and respondents was unknown. Mr. Ramos said the resources for the initial implementation costs would come out of the general fund. He said the projected resources to begin implementation of the proposed ordinance amendment would initially consist of two additional staff members in the Human Relations department, a compliance officer and one staff assistant. Mr. Ramos said the current estimated cost to fund these positions was $63,244. He noted that this was a substantial change from the first reading of the ordinance, which included $300,000 in funding from the Park and Recreation department. Mr. Chesney asked how this reduction came about. Mr. Ramos replied that the ordinance had been broadly interpreted to go beyond the ADA requirements. He said, for example, the assumption had been that the Park and Recreation department would be required to modify every city pool to meet ADA standards. Mr. Jay Reining, First Assistant City Attorney, explained that the revised ordinance was now worded to make it clear that the interpretations in the ordinance would apply the standards of the federal ADA regulations and policies. He said that they limited the scope of the ordinance so that it matched the federal standards for what it required. Thus, Mr. Ramos said that instead of having all the city pools be ADA -accessible, now the ordinance would simply require that one pool be accessible. Mr. Ramos explained how the proposed ordinance would be administered to provide accessibility. He said it would be administered through local education, investigations of complaints and monitoring of contracts/agreements for compliance within public facilities, services, program and activities by the city and those operating on behalf of the city. He stated that investigations and reviews for compliance would be complaint driven. In conclusion, Mr. Ramos stated that the revised document addressed some of the public's comments and input, such as incorporating language to clarify the city's jurisdiction in applying and enforcing the ordinance and clarifying that the ordinance applied to cross -disabilities. He also said that the ordinance established some discretion in assessing penalties for non-compliance. Mr. Ramos said he felt the documents was much improved from the initial draft that had submitted. Mayor Neal called for public comment. The following individuals spoke in support of the proposed ordinance: Ms. Shea Hales, Ms. Crystal Lyons, Ms. Linda Falwell -Stover; Ms. Viola Monreal; and Ms. Judy Telge. Mr. Noyola asked who would be providing professional training to the community. Mr. Noe Minutes - Regular Council Meeting February 10, 2004 - Page 14 answered that part of the function of the additional staff being requested by the ordinance was to coordinate education and training programs for both inside and outside the city organization. Mr. Kelly asked about the portion of the ordinance that seemed to say that even if an individual does not have a disability that impairs their life activities, yet it is perceived to impair their activities, they would be considered disabled under this ordinance. Mr. Ramos explained that if someone is perceived to have a disability, even if they don't, discrimination has occurred. Ms. Lyons provided the example of a person with severe burn marks on their face who tried to use a public pool but is denied access because their appearance would make the other patrons uncomfortable. In this instance, the person was discriminated against and would be protected by this ordinance. Mr. Kelly observed that it seemed the ordinance was subjective. Mr. Kinnison remarked that the process was going to be complaint -driven. He asked that once an investigation had taken place and a determination made that discrimination had occurred, what would be the next step in the process. Mr. Ramos answered that the ordinance did allow for some penalties, but some of the complaints may be referred to the federal or state government if deemed appropriate. Mr. Reining added that the ordinance did provide for penalties if the discrimination involved public accommodations. Mr. Kinnison and Mr. Scott both expressed their concern that the city's ordinance did not seem to have "teeth". City Manager Noe said the ordinance did allow for penalties and would help the city rectify problems in the community. Mayor Neal thanked the staff and the community members for their work in initiating this ordinance. He said he hoped the ordinance would be used in a positive manner and not be abused. Mr. Chesney echoed this sentiment. City Secretary Chapa polled the Council for their votes as follows: 30.a. MOTION NO. 2004-048 Motion to amend prior to second reading an ordinance amending the Code of Ordinances, Chapter 24, Human Relations, by adding Article V, Discrimination Against Individuals With Disabilities, establishing procedure and implementation; providing publication; providing for penalties, by substituting in its entirety; An ordinance amending Sections 24-2, 24-4, 24- 20, 24-21, 24-22, and 24-25 of the Code of Ordinances, City of Corpus Christi, by adding a member to the Human Relations Commission, adding persons with disabilities to the classes of persons protected by Chapter 24, Code of Ordinances, and clarifying the penalty provisions; and by adding Article V, Discrimination Against Individuals With Disabilities, Chapter 24, Human Relations establishing procedure and implementation; and providing for penalties. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting February 10, 2004 - Page 15 30.b. ORDINANCE NO. 025650 Amending the Code of Ordinances, Chapter 24, Human Relations by adding Article V, Discrimination Against Individuals with Disabilities, establishing procedure and implementation and providing for penalties. (First Reading - 07/22/03) The foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and referred to the presentations on the day's agenda. The first presentation was Item 23 regarding the Percent for Art ordinance. Ms. Linda Hodge, Assistant Director of Programs for the Park and Recreation department, introduced Chairman Deborah Fullerton and Ms. Linda Avila of the Arts and Cultural Commission. Ms. Avila stated that the Percent for Art Ordinance was approved by the Council on March 1987. She said the ordinance expanded opportunities for citizens and cultural tourists to experience art in public places. She also said it recognized the substantial economic benefits to be gained through the provision of cultural amenities, and encouraged the inclusion of works of art in private developments in the city. Chairman Fullerton discussed the city's role in the Percent for Art ordinance. She said the ordinance includes a 1.25 percent allocation for art in all city construction projects over $50,000. She said the city also manages artist contracts and all related expenses. She said the role of the Arts and Cultural Commission in the process is to review all capital improvement projects for eligibility and practicality; confirm that monies have been allocated to appropriate project accounts; and select an ad hoc peer panel to review and select art. She said the Arts and Cultural Commission strives to be realistic with regard to what projects should get art and what projects should not, and will continue to follow this reasonable approach in the future. She said a permanent art collection had been created to maintain public art works for future generations. Chairman Fullerton reported on the current Percent -for -Arts projects. She said six artists have been selected to provide artwork for the convention center/arena project. The artist for the Fire Station No. 7 project has also been selected. Ms. Fullerton said the selection process for the airport project is in progress. Finally, Ms. Fullerton said the ad hoc peer panel members for the baseball stadium will be recommended to the Council. Ms. Avila stated that 2004 Bond Program presented an opportunity for the city to implement a major Public Art Program. She said the Arts and Cultural Commission was dedicated to working with the community, architects and artists in an effort to beautify Corpus Christi. She also wanted to remind the Council that the Arts and Cultural Commission also supported performing arts through their subgrant program. She announced that the 2nd Annual Corpus Christi Festival of the Arts would be held from March 5 through April 4. Mr. Kinnison stated that the ordinance restricted the placement of art on the capital project sites. He said he would like to see the ordinance modified to allow the commission to recommend using percent -for -art funds for projects besides visual arts, such as for programming. He proposed Minutes - Regular Council Meeting February 10, 2004 - Page 16 putting the percent -for -art monies into a special fund for the arts. Then, the monies could be used for any number of art -related projects or programs deemed fit by the commission, with Council approval. Ms. Avila thanked Mr. Kinnison for his suggestion, and said she would relay the information to the rest of the commission for their consideration. She remarked that part of the rationale behind the Percent -for -Art ordinance's requirement that the project be placed at the capital project site was to make the art accessible to the community. She also said the Arts and Cultural Commission already provided various programming in the community. Mr. Ronnie Sepulveda, Superintendent of Recreation, also stated that one of the concerns is that since CDBG funds and bond funds are used in some cases, the art must be tied back to the building. City Manager Noe commented that the bond propositions and the ballots have been constructed in specific ways that tie the monies to the sites to assure the voters that their tax dollars would be applied to specific projects. Mr. Scott commented that the Council may want to discuss a provision to put more money into the arts through the Percent -for -Art program as part of Bond 2004. He suggested possibly increasing the percentage from 1.25 percent to 2 percent. Mr. Chesney stated that he was in favor of using the funds for visual art only. He was also in favor of a provision to allow for public art projects to be spread out more evenly in the community. Ms. Cooper thanked the commission for their hard work and their efforts to beautify the community. Mr. Noyola agreed with Mr. Chesney that the funds should be used for visual art only, but was in favor of a provision to spread the art projects more evenly throughout the community. Mr. Colmenero supported Mr. Kinnison's suggestion to modify the ordinance to allow for more flexibility. The next presentation was Item 22, an update on the South Texas Military Facilities Task Force. Mr. Gary Bushell, Attorney and Government Consultant, began the update by referring to a chronology of 60 individuals that the South Texas Military Facilities Task Force has briefed on the joint training concept. Mr. Bushell also referred to two letters in support of the joint training concept, one from General Mike Hagee of the U.S. Marine Corps to Senator Kay Bailey Hutchison and one from General Hagee to Governor Rick Perry. Additionally, he referred to a recent article in Army Aviation magazine that argued in favor of the joint training concept, inclusive of Texas bases. He said that when he presents the plan, he highlights the assets that the coastal bend area has to offer. Mr. Bushell said their plan included amphibious landings on a little -used part of Padre Island and heavier use of a bombing range in McMullen County, in addition to greater use of the three bases (Ingleside, Kingsville, and Corpus Christi). He said he has received a letter of support from the McMullen County commissioners regarding the use of the bombing range in this way. He said the task force has identified 3,000 acres owned by the General Land Office (GLO) where the amphibious landings could take place. He said the county commissioners in Kleberg County voted unanimously yesterday to enter into an agreement with the GLO to make the property available for mine warfare training and amphibious training. Mr. Bushell thanked the environmental community for supporting the use of the property on Padre Island. He also thanked the National Seashore and the Coastal Bend Bays and Estuaries Minutes - Regular Council Meeting February 10, 2004 - Page 17 Program for their support. Mayor Neal asked Mr. Bushell what the next step was. Mr. Bushell replied that he was currently working on an appointment with Admiral Bostianni, the commanding officer of the United States Joint Forces Command. He said that if the Coastal Bend area was going to be a part of one of the joint national training capability concepts, the determination would have to be made between now and October. He said he felt the plan was gaining momentum. The next presentation was Item 24, an update on Animal Care services. Ms. Cherrie Stunz, Division Manager of Animal Care services, and Dr. Michael Silvers, Director of Health, provided an update on a number of initiatives that the Animal Care division has implemented to improve services. Ms. Stunz stated that the mission of the organization was to protect citizens from rabies; apprehend stray, at -large, unwanted animals; and to enforce city and state laws. To this end, Ms. Stunz said the priorities of the division were to respond to animal bites; vicious animals; stray/roaming animals; injured animals; domestic/wildlife emergencies; and cruelty to animals. She said the Animal Care division has 10 field officers, but only seven are available now due to injuries. She stated that the division receives 36,000 work orders per year from callers contacting the Utility Business Office. She said this number did not include those calls directly to Animal Care services. Ms. Stunz stated that 14,000 domestic and wildlife animals are euthanized on a yearly basis. In response to the community's problem with stray and roaming animals and vicious animals, she said the division has instituted regular sweeps of hot spot neighborhoods. She stated that the division now holds administrative hearings for animal/animal bites, animal/human bites, and for frequently impounded animals. Ms. Stunz said that in 2003, the organization was restructured to include a field supervisor and a kennel master. In 2004, she said two more new positions would be introduced, a bite case investigator and a cruelty investigator. She said public education and outreach would be emphasized to impact the problems in the community. Dr. Silvers reported on a number of changes in the services and programs in Animal Care Services. He said the department studied exemplary animal care programs in the state to determine what changes needed to be made in the city's program. He said their research led to two changes in city program. The first change was made to the dead animal pick-up service. Previously, the city provided this service for free primarily to veterinarians in the area. However, Dr. Silvers said the division has learned that many veterinarians were charging their clients for this service, even though the city was not collecting any fees. In addition, he said that BFI or Solid Waste can provide this service for a fee on an on-call basis. Thus, he said staff determined that this was a redundant service that was not impacting the health of the community and was not typically done by other animal control services free of charge. Dr. Silvers said that the program has been discontinued. The second change was made to the live traps program. Dr. Silvers said that the city's live trap program primarily targeted opossums that pose no health risk to the community. He said Minutes - Regular Council Meeting February 10, 2004 - Page 18 contrary to popular belief, the opossum does not carry rabies. Previously, Animal Care Services would pick-up trapped opossums free of charge on an on-call basis. In order to complete the task, a field officer was called from duty to transport them to the animal care facility. He their research indicated that no other major cities in Texas were providing this service. Dr. Silvers said staff found that most cities had a much better educational program than Corpus Christi regarding the opossum. He said the services were provided to less than one percent of the population. Since there was no health risk to the community and the service impacted a small portion of the population, Dr. Silvers said staff decided to discontinue the program to make better use of staff resources. He noted that for the last seven to eight weeks since the program has been discontinued, staff has been able to respond to priority calls much more quickly, responding to 90 percent of the calls. He acknowledged the decision was unpopular with many residents, but emphasized that staff resources were needed to address priority needs like vicious animals and animal bites first. Ms. Stunz provided a brief update on a number of administrative changes to the animal care services division. She said the division was now accountable for pet licensing, and a new database would provide information on the licensed animals in the area. She also briefly mentioned the new animal care services facility and their new website. A discussion ensued about the discontinuation of the opossum trap service. Ms. Stunz said that rather than targeting opossums with their live trap program, most of the cities they studied targeted cats. She said the city could benefit from a program targeting cats because of its mostly uncontrolled cat population. Mr. Colmenero was concerned that there would be an increase in the poisoning of opossums if the city discontinued the program. Mr. Noyola and Ms. Cooper were opposed to the discontinuation of the service, and asked that the city consider allocating more dollars to the animal care services division in future budget years to continue the service. Mr. Chesney and Mr. Kelly supported staffs decision to discontinue the program if higher priority issues like vicious animals would be addressed more quickly. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and opened discussion on Item 29 regarding a business incentives agreement between A.C. Distribution and the Corpus Christi Business and Job Development Corporation (CCBJDC). Assistant City Manager Mark McDaniel explained that the CCBJDC authorized an agreement between A.C. Distribution Inc. for job training expenses on February 2, 2004. He said in order to fully execute the agreement, the Council must pass a resolution approving the contract between the CCBJDC and A.C. Distribution Inc. In addition, Mr. McDaniel stated that Council action was necessary to enter into a project agreement with corporation to administer the project. The Council asked questions about the total number of jobs to be created and the quality of the jobs to be created; and the process if the company was to default on their agreement. The Council offered the company their congratulations on the venture. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 10, 2004 - Page 19 29.a. RESOLUTION NO. 025648 Resolution approving the execution of the Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation") and A.C. Distribution, Inc. to reimburse A.C. Distribution, Inc. for job training expenses up to $3,700 per new job created; and to create at least fifty new jobs primarily employed to serve a customer base outside a fifty -mile radius of the City. The foregoing resolution was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 29.b. RESOLUTION NO. 025649 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation ("Corporation") regarding administration of the Business Incentives Agreement between the Corporation and A.C. Distribution, Inc. The foregoing resolution was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and referred to Item 26, a presentation on the results of the 2003 Citizen Satisfaction Survey. Dr. Dan Jorgensen, Assistant Professor of Public Administration, presented the results. He said the 2003 survey showed that 65.9 percent of the residents of Corpus Christi rate the overall quality of services as good to excellent. He said no significant changes had occurred in this broad-based attitude since last year. He stated that the survey was designed to report attitudes toward performance in public safety, transportation, parks and recreation, housing and social services. Dr. Jorgensen stated that the upper quartile (top 25 percent) of services with the highest levels of satisfaction included the following: Fire protection (89%); emergency medical services (88%); providing gas service (86%); garbage collection (84%); and police protection (76%). He said there had also been some growth in the intensity of low satisfaction toward city services. The upper quartile of services with the maximal levels of low satisfaction included the following: attracting new employers to the community (74%); helping existing employers grow (69%); street repair and maintenance (59%); and new street construction (51%). Dr. Jorgensen said each response was cross -tabulated with council district, age, income and ethnicity. He said ethnicity was the variable that has effects on the greatest number of city services. In general, Hispanic respondents were more likely to be satisfied with utilities, recreational and economic development services than expected and show lower levels of satisfaction with police Minutes - Regular Council Meeting February 10, 2004 - Page 20 services than expected. Anglo respondents tended to be less satisfied with utilities and economic developments services than expected and more satisfied with police and fire services. Regarding respondents impressions of city employees, the data shows that of those who have contact with city employees, there are strong positive impressions of city employees (40% were rated "good" and 34% were rated "excellent"). In looking at preferences, Dr. Jorgensen stated that the respondents favor spending potential Bond 2004 money on improving existing services at a higher rate than adding new facilities. He said citizens favored a realignment of Shoreline Drive for a bayfront park and were willing to pay additional taxes to fund service improvements and new facilities. Dr. Jorgensen said that new to this year's survey was the assessment of how citizens obtained information about the city. He said the data demonstrated that the two most common methods citizens used to receive information about city government was through television (92%) and newspaper (80%) media. In conclusion, Dr. Jorgensen stated that when analyzing these findings, it can generally be said that the residents of Corpus Christi feel good about how their city delivers services to them. Also, he said residents generally feel very positive about their civil servants, rating them high in knowledge, responsiveness and courtesy. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 25, a presentation on Bond Issue 2000 projects. City Engineer Angel Escobar provided an update on four specific Bond 2000 projects - the Seawall Traffic Control plan, Remobilization of South Staples Street, Gollihar/Ayers project, and Horne Road (Ayers to Kostoryz). He said a news conference would be held tomorrow to update the public as well. Mr. Escobar reported that the seawall traffic control plan would begin on February 26 and would divert traffic from the northbound lanes on Shoreline Boulevard to the southbound lanes between Peoples Street and Power Street. Mr. Escobar said the plan would be completed in three phases and coincide with the work on the seawall. Mr. Escobar reported that the Gollihar/Ayers project was under construction and progressing well. He said several waterlines were being installed, and several bus pads are being installed. He said the work would continue for the rest of the year. He said much of the utility work has been completed, but the asphalt work is incomplete. He said several businesses have requested that the asphalt work be delayed until after tax season. Mr. Escobar reported the work on the South Staples Street project had been delayed during the Christmas shopping season, but was now going to be remobilized. He said that the work would create one lane of traffic in each direction (north and south) at the intersection of South Staples and South Padre Island Drive. He stated that right -turns would only be allowed onto Staples Street, and the light at Staples Street out of Moore Plaza would be inactivated. He said the work would last for approximately three months. He noted that the work was initially estimated to last for five months, Minutes - Regular Council Meeting February 10, 2004 - Page 21 but staff has worked to reduce. Mr. Escobar advised the public to avoid the area as much as possible and to take alternate routes. Mr. Escobar provided an update on the Horne Road project, from Ayers to Kostoryz. He said all traffic will be cut off on Horne Road to complete the work. He said the exits would be on Brawner Parkway and Gollihar so the contractor could have full access to the first phase of work. He said the second phase of the work would go from Greengrove to Kostoryz. He said the construction would begin in the second week in March and continue through May 2005. Mayor Neal referred to the next presentation on the agenda, Item 27, regarding the review of proposed FY 2004 Long -Range Street projects and the Bond 2004 process. Assistant City Manager Mark McDaniel provided a proposed FY 2004 CIP guide. He said the total cost for the CIP in FY 2004 was $962,315,000. Mr. McDaniel discussed the various bond sizing considerations - large vs. small, affordability, project management, market saturation, utility rates, and bond rating/interest rate. Regarding the size of the bond, he said the city was now pursuing smaller issues every 4 years. Regarding the affordability of the bonds, he said staff has been studying a scenario in which $70 million in debt would be issued every year for four years, with a voter -approved tax increase of 3 cents up front. He said staff was working on scenarios to reduce the 3 -cent increase through short- term financing options. Mr. Kinnison asked what would happen if it were increased by 4 cents instead. Mr. McDaniel said the amount would increase to $80 million. Mayor Neal commented that prioritizing $70 million would be difficult because it was a relatively small amount for capital projects. Mr. McDaniel stated that staff was asking for direction on what categories the Council would like to focus on. Mayor Neal stated that he felt streets, the marina, the bayfront park, and the golf courses were priority categories. Mr. McDaniel discussed market saturation, saying that the programmed activity for the next three years was $321.4 million. He said the TxDOT letting schedule included $176.2 million in work. In addition, Del Mar College, Texas A&M -CC and other entities were also engaging in construction projects. City Manager Noe remarked that the city did not want to over commit on projects and then be unable to deliver the projects to the voter. Mr. Escobar said staff was working on a plan to spread the projects out to deliver them as promised. Regarding the citizen involvement process, Mr. Kinnison stated that he would like the city to obtain public input using different methods besides town hall meetings, such as mall kiosks and the city's website. He and Mr. Scott also said it would be preferable to present the public with a Council -approved list narrowing down the projects for the public's input. The Council also concurred that the largest bulk of the projects should be dedicated to streets. Mr. Kinnison stated that in his district, a new southside library was needed, as well as other street projects. He commented that the implementation of Proposition 13 could completely change the projects. Mr. Kinnison stated that it might be preferable not to defer the payments because more projects could be funded if the amount was larger. Mr. Colmenero stated that streets needed to be the main priority in the funding. He also felt Minutes - Regular Council Meeting February 10, 2004 - Page 22 the bayfront park, the marina, and the golf courses needed to be looked at as well. Mr. Kelly noted that other taxing entities would be raising taxes for their own projects. He said he felt it would be preferable to defer the payments because they would not require a tax increase. Mr. Noyola stated that he felt streets were the priority projects for this bond issue. He listed the priority projects in his district to be Bear Lane, Navigation Blvd., Dr. Hector Garcia Park and Greenwood Library. Mr. Kinnison also stated the city should discuss the trolley project with the R.T.A. since the recommendation has been made not to run the trolley along Shoreline Boulevard. He said the decision could affect the CIP budget. City Manager Noe said staff would make sure that all the projects that needed to be completed within the next four years would be submitted to the Council for their review. Mr. Scott stated that the final decision on the CIP budget amount would not take place for a few more months. He said the $80 million figure would work as a starting point for the discussion, but was not final. Mr. Chesney stated that he would like to see two scenarios, one including estimates with Proposition 13 and one without the implementation of Proposition 13. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and opened discussion on Item 28, the second reading of the FY 2003-2004 capital budget. Mr. McDaniel said the total budget was $173,624,300, primarily for utility work. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 025647 Approving the FY 2003-2004 Capital Budget in the amount of $173,624,300. (First Reading - 01/27/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe announced that the community meeting on the Mustang/Padre Island Development Plan would be held this Thursday at 5:30 p.m. at the Island Presbyterian Church. He also announced that the newly appointed TxDOT commissioner, Ms. Hope Andrade, would be visiting the city on Thursday, February 12. He said her visit would include a working meeting to be held at 4:00 p.m. in Watergarden Room of the Museum of Science and History, followed by a reception at the Town Club at 6:00 p.m.. He also announced a special tree planting ceremony for the NIP program to be held at Navarro Place Day Care , 120 19ih Street, at 11:00 a.m. on Friday, February 13. Finally, Mr. Noe stated that a press Minutes - Regular Council Meeting February 10, 2004 - Page 23 release would go out tomorrow announcing the kick-off for the public input process on the bayfront plan, to take place on Feb. 17 and 18 at various locations. Mayor Neal called for Council concerns and reports. Mayor Neal asked for a status on a problem with the O'Malley's club in the downtown area. Mr. Noe replied that code enforcement was investigating the code violations now. Mayor Neal also said he heard an erroneous report on the radio this morning stating that the Corps of Engineers was not going to fund Packery Channel, and saying that the city needed $31.5 million to finish the project. He asked staff that he would like them to contact that source immediately and provide the correct information. Ms. Cooper reported that a constituent had notified her about a situation on Judy Court involving a tent city. City Manager Noe said he would notify the police department about the problem. Ms. Cooper announced that the next town hall meeting would be Monday, March 1, at Elliott Grant Middle School in Mr. Kinnison's district. Mr. Scott asked for a presentation item in March on the Velocity Games. He thanked staff for responding to issue involving a the sale of a parcel of property in Flour Bluff. Mr. Garrett inquired about a report that the Information Center in City Hall would be eliminated. City Manager Noe replied that the position was linked to the Call Center, and would be moved to the a different location across from the pay stations for Utility Billing. Mr. Garrett questioned whether the center should be removed because it was helpful for citizens. Mr. Noe replied that the center was also one of the main points for phone contact, so staff wanted to coordinate it with the rest of the Call Center. Mr. Noe said he would look into the matter further. Mr. Garrett asked if there were any plans to purchase additional fire trucks. City Manager Noe said additional trucks were added only if there was a need for additional stations. He thanked Mr. Noe for the financial report. Mr. Noyola asked City Manager Noe to inform Mr. Arturo Garcia on Teresa Street about the speed hump situation in his area. Mr. Noyola asked the city to issue a commendation for the individuals who rescued residents in the Casa de Manana apartment fire. Mr. Colmenero spoke regarding a problem with AEP sending citizens bill for multiple months. He asked Mr. Noe to see if the city could find a way to make AEP more responsive to the problem. He thanked Mr. Garrett for attending the COG meeting where the city was given a resolution on the Homeland Security grant. Finally, Mr. Colmenero said he is still receiving complaints about the Trucks Lounge on McArdle. City Manager Noe replied that the city has notified the TABC about the problems. He also asked about 18 -wheelers parking on Starr Street. City Manager Noe said he would look into it. Mr. Kinnison thanked Mr. Garrett for going before the County Commissioners yesterday morning in an effort to discuss the implementation of Proposition 13. He announced that there was a website on with information Proposition 13: reconsiderprop 13.com. He said the implementation of the proposition would have a dramatic impact on the budget, and most other counties and cities in the state realize this and have not implemented it. There being no further business to come before the Council, Mayor Neal adjourned the Minutes - Regular Council Meeting February 10, 2004 - Page 24 Council meeting at 6:15 p.m. on February 10, 2004. * * * * * * * * * * * * *