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HomeMy WebLinkAboutMinutes City Council - 02/17/2004I 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 17, 2004, which were approved by the City Council on February 24, 2004. WITNESSETH MY HAND AND SEAL, this the 24th day of February 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 17, 2004 - 9:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney (Arrived at 9:13 a.m.) Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola ABSENT Melody Cooper Javier Colmenero City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kevin Jennings of Mount Olive Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Assistant City Secretary Juarez 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 February 10, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-17). Assistant City Secretary Juarez announced that Council Member Noyola was abstaining from the vote and discussion on Items 10 and 14. Council members requested that Items 2, 7, and 11 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 2, 7 and 11, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 17, 2004 - Page 2 3. MOTION NO. 2004-051 Motion approving a supply agreement for approximately 118,000 pounds of drop -on type glass spheres, in accordance with Bid Invitation No. BI -0048-04 from Swarco Reflex, Inc., of Mexia, Texas based on low bid for an estimated annual amount of $26,078. This item will be used by Street Services. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 4. MOTION NO. 2004-052 Motion approving a supply agreement with National Meters, Inc., of Lancaster, Ohio, for approximately 2,000 gas service regulators in accordance with Bid Invitation No. BI -0036- 04, based on low bid, for an estimated annual expenditure of $25,900. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 5. MOTION NO. 2004-053 Motion approving the lease of a wheel loader with Crescent Machinery Company, of Corpus Christi, Texas, for the total amount of $86,184 of which $17,955 is budgeted in FY2003- 2004. The award is in accordance with Bid Invitation No. BI -0054-04 and is based on best value. The term of the lease is for twenty-four months with an option to extend the lease for up to twelve additional months, subject to the approval of the City Manager or his designee. The wheel loader will be used by the Park and Recreation Department. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. Minutes - Regular Council Meeting February 17, 2004 - Page 3 6.a. MOTION NO. 2004-054 Motion authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries which provides the City with a gift of $7,000 for the expansion and remodeling of the Mary and Jeff Bell Children's Library at the Central Library. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 6.b. ORDINANCE NO. 025651 Ordinance appropriating $7,000 from the Friends of the Corpus Christi Public Libraries in the Library Capital Improvement Program Fund No. 3210 for improvements to the Mary and Jeff Bell Children's Library at the Central Library; amending FY 2004 Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $7,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 8. MOTION NO. 2004-056 Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $30,000 for consulting services associated with Pre -Planning of Emergency Recovery Operations. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 9. MOTION NO. 2004-057 Motion authorizing the City Manager or his designee to execute Amendment No. 1 for Architect/Engineer Consultant Services Agreement with Morgan Spear Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $3,800 for the Gas Department Building Remodeling, Phase 1 Project for the construction inspection services. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. Minutes - Regular Council Meeting February 17, 2004 - Page 4 10. MOTION NO. 2004-058 Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contracting, L.P. d.b.a. Bay, Ltd., of Corpus Christi, Texas in the amount of $309,591.20 for the Corpus Christi International Airport Runways 13, 31, and 35 End Drainage/Grading Modifications. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Chesney, Colmenero and Cooper were absent. 12.a. MOTION NO. 2004-060 Motion approving the reimbursement application submitted by Island in the Son United Methodist Church, Owner and Developer of Lot 1, Block 1, out of Tracts B and C, Mustang Island for the installation of 350 linear feet of an 8 -inch PVC water distribution main. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 12.b. ORDINANCE NO. 025653 Ordinance appropriating $66,010.53 from the Water Distribution Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 350 linear feet of an 8 -inch PVC water distribution main to develop Lot 1, Block 1, out of Tracts B and C, Mustang Island. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. 13. MOTION NO. 2004-061 Motion authorizing the City Manager or his designee to approve a Letter of Agreement between the City and the Beautify Corpus Christi Association (BCCA) and providing a $25,000 grant to BCCA for executing environmentally sustainable tasks like anti -litter campaigns and recycling education throughout the city, particularly in the Neighborhood Initiative Programs' communities. The grant funding duration is from February 15, 2004 to February 14, 2005. The foregoing motion was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero and Cooper were absent. Minutes - Regular Council Meeting February 17, 2004 - Page 5 14. RESOLUTION NO. 025654 Resolution authorizing the City Manager or his designee to execute a revised reimbursement agreement between the Transportation Security Administration and Corpus Christi International Airport to provide law enforcement personnel at security checkpoints at the airport in consideration of reimbursement or partial reimbursement effective August 5, 2003, until September 30, 2004, with the option to extend for up to four (4) years. The foregoing resolution was passed and approved with the following vote: Neal, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Chesney, Colmenero and Cooper were absent. 15. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 regarding Municipal Court Building Security Fund and Security Fee; by amending Section 29-48 to reflect changes in State Law pertaining to the use of the Municipal Court Building Security Fund; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero, and Cooper were absent. 16. ORDINANCE NO. 025655 Authorizing the City Manager or his designee to execute a thirteen -year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park; providing for one, ten-year automatic extension of the lease; and providing for termination upon one (1) year written notice by either party. (First Reading 01/13/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero, and Cooper were absent. 17. ORDINANCE NO. 025656 Clarifying the Definition of Well in Section 35-24, Code of Ordinances, City of Corpus Christi. (First Reading 02/10/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney, Colmenero, and Cooper were absent. Mayor Neal opened discussion on Item 2 regarding the purchase of a fire truck. Mr. Kelly asked if the current schedule for replacing fire trucks was one a year. City Manager Noe responded affirmatively. In response to Mr. Kelly's question, Fire Chief J. J. Adame stated that the city was Minutes - Regular Council Meeting February 17, 2004 - Page 6 hoping to obtain a 20- to 21 -year life span for each truck. Mr. Kelly expressed his concern that since the trucks were being used as "first responders" in EMT situations, he speculated that they were getting more use than originally anticipated. He asked if it was realistic to expect a 21 -year life for trucks if they were being used this way. Chief Adame replied that this situation posed a challenge for the fire department. He said the fire department tried to manage the situation by either moving equipment from a "hot" station to a slower station, or using other, less expensive vehicles as first responders to minimize the wear and tear on the trucks. Mr. Kelly asked if the city should be more aggressive in replacing the fire truck fleet. City Manager Noe answered that the city could look at a more aggressive schedule as part of the budget process. 2. MOTION NO. 2004-050 Motion approving the lease purchase of one (1) 2000 GPM pumper fire truck from the Houston -Galveston Area Council of Governments (H -GAC) for the total amount of $386,676. The award is based on the cooperative purchasing agreement with H -GAC. This unit is a replacement. Financing will be provided through the City's lease/purchase financing program. Mayor Neal opened discussion on Item 7 regarding a grant for preservation of local history materials. Mr. Herb Canales, Director of Libraries, explained that the Lone Star Libraries Grant was being used to hire part-time students from Texas A&M University -Corpus Christi to preserve and catalog valuable local history materials collected over the past several decades. 7.a. MOTION NO. 2004-055 Motion authorizing the City Manager or his designee to accept a grant in the amount of $14,771 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. 7.b. ORDINANCE NO. 025652 Ordinance appropriating a $14,771 grant from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local history materials. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal opened discussion on Item 11 regarding regional water planning activities. Mayor Neal asked Mr. Ed Garafia, Director of the Water Department, to explain the purpose of the Regional Water Planning Group (RWPG) and the city's role in this group. Mr. Garafia explained Minutes - Regular Council Meeting February 17, 2004 - Page 7 that in 1997, Senate Bill 1 created the Regional Water Planning Group as a way to implement a grassroots approach to water planning in the state. He said that Corpus Christi is a member of Region N, otherwise known as the Coastal Bend Regional Water Planning Group. He said the city pays a proportional share of the administrative costs of the Regional Water Planning group, attributable to our customer base. He said the city includes that expense in our raw water expenses, and is reimbursed by our customers through our raw water cost charge. Mayor Neal asked what the group was doing to assist the city in planning for regional water. Assistant City Manager Ron Massey responded that the city's participation in the group is required to meet the state's requirement to have a water plan. He said the state revises its water plan every five years based on the plans the regions have submitted. He said the regions are updating their plans now for inclusion in the next update of the state's plan. Council Member Scott stated that he was the Council's representative on the RWPG. He said the dialogue on the board was generally good. Mayor Neal said he was concerned about an initiative originating in San Patricio County that was counter to the city's water plans. He said he had hoped that the initiative would have gone through the Regional Water Planning Group for discussion. Mr. Scott added that when the discussion at the RWPG meetings turned to additional water supplies such as desalination, some of the entities present were not receptive to assisting with funding. Mayor Neal stated that a system was in place to divide the raw water costs among the participants, based on the cost of bringing water to this area. He said he was not in favor of making adjustments to the system for some customers over others. 11. MOTION NO. 2004-059 Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY 2003, required by Senate Bill 1, 75`" Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mr. Scott added that it would be in the city's best interest to communicate their stance on the raw water cost issue to the Regional Water Planning Group within the next few weeks. City Manager Noe stated that staff was planning to brief the Council at one of their next meetings on the raw water cost issue and San Patricio County's initiative. * * * * * * * * * * * * * Minutes - Regular Council Meeting February 17, 2004 - Page 8 Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0104-01, Hossein Mostaghasi: A change of zoning from a "F -R" Farm -Rural District to a "B-4" General Business District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2. The property consists of 18.566 acres out of Lot 1, Block 2, Nueces River Irrigation Park, located on the southwest corner of Northwest Boulevard (F.M. 624) and Hazel Bazemore Road (County Road 69). Assistant City Secretary Juarez said the Planning Commission and staff recommended the approval of a "B-4" General Business District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Scott, and passed. Ms. Juarez polled the Council for their votes as follows: 18. ORDINANCE NO. 025657 Amending the Zoning Ordinance, upon application by Hossein Mostaghasi by changing the zoning map in reference to 18.566 acres out of Nueces River Irrigation Park, Block 2, Lot 1 from "F -R" Farm -Rural District to "B-4" General Business District on Tract 1 and "R -1B" One -family Dwelling District on Tract 2; and amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19 regarding the revised South Central Area Development Plan. Mr. Michael Gunning, Assistant Director of Development Services, stated that during the first reading of the draft plan on February 10, the Council requested that several policy statements be revised or additional clarification be provided. He also said that the Council had requested the presence of a number of Planning Commissioners at today's meeting so they could discuss their recommendations with the Council. Mr. Gunning said the Chairman of the Planning Commission and several other commissioners were in attendance today. Mr. Gunning reviewed the revisions and additional information regarding the plan requested by the Council on February 10. He said the Council had asked for clarification on Policy Statement B.2, which was added by the Planning Commission and reads as follows: The highest priority for creation of activities on the Bayfront are activities that benefit the citizens of Corpus Christi and that take advantage ofthe unique natural amenities ofthe Bayfront, including wind, water and temperate climate. Mr. Gunning explained that the statement was intended to address the need to strike a sensitive balance between creating economic development opportunities on the bayfront and the need to protect and enhance public parks and marina facilities and assuring public access to a Minutes - Regular Council Meeting February 17, 2004 - Page 9 majority of the bayfront. Mr. Gunning said the Council also revised Policy Statement B.4 to read as follows: Promote economically viable incentives for development of new tourist oriented uses on private properties fronting Shoreline Boulevard. Finally, Mr. Gunning stated that the Council had asked the Planning Commission to explain their position on the trolley found in Policy Statement E.1, which reads as follows: 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. Mr. Gunning clarified that the commission was not against a trolley system in general; rather, they were opposed to a trolley system located on Shoreline Boulevard. He noted that excerpts from the written comments of different property owners regarding the plan were provided in the council's packets. Mr. Kinnison asked if there was any urgency to adopting the South Central Area Development Plan now. He noted that the Bayfront Master Plan, the R.T.A. Trolley System Plan, and the future of the Coliseum were all being discussed at the present time. He asked if it might be better to postpone the adoption of the South Central Area Development Plan until those projects were completed. City Manager Noe stated that he wouldn't say there was a sense of urgency. He noted that the projects Mr. Kinnison had referred to mainly impact the downtown area, while the South Central plan targets a much broader area. He said the plan also included policy information unrelated to those projects, including redevelopment incentives and code enforcement issues. He said that the plan provided a blueprint for the future of the area, and it would be difficult to move forward without it. Mr. Noe also said that once the plan was adopted, the next step would be to create a working group to implement the plan. Mr. Gunning added that in his opinion, the adoption of the plan was critical in order for the city to move forward in this broad area. However, he said the plan could be amended if needed once the projects Mr. Kinnison referred to were complete. He said the Bayfront Plan study would go before the Planning Commission for their recommendation. He said any amendments to the South Central plan could be made at that time if needed. Mr. Kinnison asked about Policy Statements B.6 and B.7 regarding the designation of the downtown area as a targeted area for the Mortgage Credit Certificate Program and the development of a residential loan guarantee program proposal. He asked for a time line on the implementation of these programs. City Manager Noe replied that the working group tasked with implementing the plan could be appointed in a short period of time, and they could probably make recommendations within three to six months. He said the time line for the implementation of programs referred to by Mr. Kinnison would depend upon the priority the group places upon the task. Mr. Kinnison inquired whether the city had the ability to remove existing billboards in the 1-37 corridor from the Crosstown Interchange to Shoreline Boulevard as recommended in Policy Statement B.9. Mr. Gunning replied that the Zoning Ordinance could be amended to make billboards illegal within that area, and either grandfather the existing billboards or put together an amortization program that delineates a time frame that would be reasonable to allow the owner to recapture his initial investment in the billboard. He said the city's practice has been to grandfather the existing non -conforming uses. Mr. Kinnison stated that he hoped the city would move quickly on implementing the restrictions on billboards in this area as well as the downtown area. Minutes - Regular Council Meeting February 17, 2004 - Page 10 Mr. Kinnison inquired about Policy Statement B.10 regarding the Convention Center grounds. He asked if the statement precluded the re-routing of Shoreline Boulevard in that area to create a park. Mr. Gunning replied that it could, but he said the results of the Bayfront Master Plan would shed more light on this area. City Manager Noe added that there were a number of suggestions for improvements to this area that arose from the original master plan for the convention center area. Mr. Kinnison also asked about Policy Statement B.16 regarding Heritage Park which read in part that rental monies from Heritage Park activities should be used for the improvement of the park. He said he thought this was being done now. Mr. Gunning replied negatively, and City Manager Noe replied that the rental monies were nominal. Mr. Kinnison stated that he would like to amend Policy Statement D.11 regarding the Coliseum to read as follows: The City will explore renovation and adaptive reuse of the Coliseum. He said he would like to have the statement regarding the renovation of the coliseum stricken from the policy statement because he questioned its validity. Mr. Kinnison asked when the study on possible uses for the Coliseum would be completed. Mr. Noe replied that the report would probably be ready after Spring Break. Regarding Policy Statement D.10, Mr. Kinnison asked if there had been or were there any ongoing discussions with Texas A&M University - Corpus Christi about the possibility of off-site student housing. City Manager Noe replied affirmatively, saying there was an ongoing dialogue. Regarding Policy Statement E.1 about the trolley system, Mr. Gunning clarified that the language in this policy statement was staff's attempt to compromise between the Planning Commission's recommendation and other special interest groups. Mr. Kinnison asked Ms. Linda Watson, Director of the Regional Transportation Authority, to provide an update on the R.T.A.'s study on the trolley system. Ms. Watson said that about eight months ago, the R.T.A. had entered into a contract (along with a number of partners, including the City of Corpus Christi) with a consulting firm to conduct a $400,000 environmental assessment for the streetcar system in the downtown area. She said the R.T.A. was in the seventh month of the twelve month process. She said that to date, the possible alignments for the streetcar had been narrowed down to two - a Water Street/Chaparral alignment and a Shoreline Boulevard alignment. Ms. Watson said that the next step in the study was to embark upon an intensive, three-month long public input process involving direct mailings, newsletters, PSAs and website surveys. She said to date, the R.T.A. has surveyed approximately 300 people, and the vast majority preferred the streetcar over a rubber tire vehicle. She said 50 percent preferred a Shoreline Boulevard route over 32 percent preferring a Water Street line. However, Ms. Watson said that 300 surveys was insufficient public input for a project this size. In addition to the public input effort, Ms. Watson said the R.T.A. was continuing the technical evaluation so that when the study concluded, they would have all the information needed to make their final decision on the alignment of the trolley. Mr. Kinnison asked Ms. Watson to furnish a copy of the questionnaire to the Council for their information. Ms. Watson requested that the Council refrain from putting any language in the South Central plan that would restrict the R.T.A. from continuing their study and presenting the final Minutes - Regular Council Meeting February 17, 2004 - Page 11 results. She asked that the Council remove any language restricting the location of the trolley until until after the R.T.A.'s study was complete. Mr. Kinnison asked for an update on the funding mechanisms for the trolley. Ms. Watson said there were two possible scenarios. In the first, the R.T.A. would receive 80 percent of the capital funding from the federal government. In the second scenario, the federal government would provide 50 percent of the funds. She said the estimated cost for the trolley project was about $30 million, but it was a rough estimate only. She said the 80 percent funding scenario would require about $24 million from the federal government and $1.5 million from state and local sources, leaving a 10 percent, or $3 million, local match for the R.T.A. In the 50 percent scenario, the R.T.A.'s share would increase to $3.75 million. Ms. Watson listed several possible sources of state funding, including the Renewal Communities grants. She also listed numerous sources of local funding, including the R.T.A. sales tax, cost sharing with the city on roadway projects, hotel/motel tax, a tax increment finance district, and admission fees on events tickets, among others. Ms. Watson stated that the R.T.A. has found that other communities have used numerous sources for the local share of the funding for streetcar projects, rather than one large source. Mr. Kinnison asked when the R.T.A. would know if the federal government was going to fund the project and for how much. Ms. Watson said the R.T.A. was waiting on the reauthorization of the T-21 bill to be finalized. She said the reauthorization of the bill had been delayed for three months. Mayor Neal added that the Senate and House versions of the bill were vastly different, so the reauthorization would probably not occur any time soon. Mr. Chesney echoed Mr. Kinnison's concerns that the city was pursuing the adoption of the South Central Plan despite the fact that there were a number of pending projects (Bayfront Master Plan, Coliseum, trolley) regarding the downtown area which could impact the plan. He asked if the Council were to pass the plan today, how it could be amended if needed. Mr. Gunning replied that any amendments could be presented to the Planning Commission for a public hearing and recommendations to City Council. City Manager Noe replied that a public hearing was necessary, but the public hearing process would not be as extensive as it was to pass the plan itself. Mr. Chesney asked about Policy Statement B.10 regarding the Convention Center. He said he wanted the minutes to reflect that the "bayfront public park" noted in statement B.10 was a separate project from that being proposed in the Bayfront Park plan. City Manager Noe explained that the original master plan for the convention center area called for a public plaza in front of the convention center. Mr. Chesney asked the Planning Commissioners present at the meeting to share their rationale regarding their recommendation on the trolley project. Chairman David Berlanga stated that the Planning Commission based its decision to recommend that a trolley with overhead lines should not be located on Shoreline Boulevard on the feedback they received at their public hearings. He said the public sentiment expressed at the public hearings was against having the trolley on Shoreline, citing concerns with aesthetics and safety. He noted, however, that the R.T.A. did not make a presentation on their plans for the trolley at any of the public hearings. Minutes - Regular Council Meeting February 17, 2004 - Page 12 Planning Commissioner Elizabeth Chu Richter said that the commission felt that Water Street was a better option for the trolley because it would best serve the tourists as well as the area businesses. She said most of the hotels and businesses in the downtown area straddle Shoreline Boulevard and Water Street. She also said the Water Street route would provide easier pedestrian access. Planning Commissioner Shirley Mims stated that she agreed with Council Member Kinnison that the excess signage in the downtown area was unaesthetic. She said that the plan should include language restricting billboards in the I-37 area. Regarding the trolley, Ms. Mims said that during the public hearings, the public stated that they did not want a trolley with overhead lines going down Shoreline due to safety and aesthetic concerns. Regarding the coliseum, Ms. Mims said the Planning Commission's intent was to provide the Council with options for the coliseum. Mr. Chesney asked Ms. Watson if the R.T.A. was conducting a professional survey or if they were simply handing surveys out to the public. Mr. Chesney asked her to provide the Council with a copy of the survey. Mr. Chesney was concerned that the R.T.A.'s survey results wouldn't be as accurate unless conducted by a professional firm. He said, for instance, that the results could be skewed if the same people were submitting multiple surveys. He said a professionally conducted survey would ensure that none of the entries had been submitted by the same person multiple times. Ms. Watson replied that the R.T.A. was planning to obtain more public input through random surveying. She said that the R.T.A. had not budgeted for a professionally conducted survey. Mr. Chesney stated that he was in favor of locating the trolley on Water Street. Mr. Chesney asked if the R.T.A. was going to ask the city for cash for the project. Ms. Watson replied negatively. Mr. Chesney stated that he was against using the economic development tax monies to fund the trolley project. Mr. Kinnison clarified that although the R.T.A. would not be asking the city to fund the project out of the general fund, several of the funding options Ms. Watson had provided earlier were items that the Council would need to approve - e.g. 4A funds and the Hotel/Motel tax. Mr. Chesney noted that the R.T.A. was in the 7th month of a 12 -month study. He asked if the Planning Commission felt so strongly that the trolley should not be located on Shoreline Boulevard that they did not want to wait until the end of the study before making a recommendation. Chairman Berlanga replied that the Planning Commission had not been provided with an update on the R.T.A.'s study prior to making their decision. He said the commission had based their decision on staff's recommendations and on the comments they had received at the public hearings. Planning Commissioner Mims stated that she based her decision on the public's comments. She said the commission used strong language because the public spoke strongly against having the trolley on Shoreline Boulevard at the public hearings. She said the plan was a blueprint that could be amended if needed. Planning Commissioner Richter stated that she also served on the Downtown Transportation Advisory Committee which studied the trolley system. Thus, she based her decision on both public input as well as an evaluation of the options provided. Mayor Neal called for public comment. Mr. Abel Alonzo spoke regarding the community's Minutes - Regular Council Meeting February 17, 2004 - Page 13 concerns about the trolley project. Council Member Kelly asked the commissioners if their opinions on the trolley and other issues were based simply on the public comments they had received, or on their own expertise and experience as well. Chairman Berlanga said he based his decisions on public comments. He said in his opinion, he was in favor of locating the trolley system on Water Street because it would be safer for pedestrians and would promote better use of the bayfront park and better access to commerce. Planning Commissioner Richter said she based her decision on her expertise as a member of the South Central Area Stakeholders Group and as a participant in the recent AIA charette. In her opinion, the trolley had a great potential to rejuvenate commercial activities in the downtown area. Thus, she thought the trolley would be more beneficial to the area if it were located closer to the commerce and businesses. She said the Water Street location provides the best access to commerce for tourists and citizens. She also felt the Water Street location was safer for pedestrians. Planning Commissioner Mims agreed that based on her experience, the trolley system would better serve the community and the tourists on Water Street. Council Member Scott said he was ambivalent on the location of the trolley. He said he wanted to make sure the language in the plan would allow the R.T.A. to complete their study without restrictions. Mr. Scott said he would like the R.T.A. to invest more money downtown to stimulate the economy. Mr. Scott said the city needed to have better communication with the R.T.A. He noted that once the R.T.A. had completed their study, it would have to go before the Planning Commission, so the commission would have an opportunity to review the plan and make recommendations. He agreed with Mr. Kinnison that the language in the document regarding the coliseum should be amended. Council Member Kinnison said he was in favor of a route that ran from the Convention Center to the federal courthouse. He also said he was against the creation of a TIF in the downtown area because of the condition of the general fund. He said he was in favor of funding the project through marina revenues from extra slips and pad sites. Councilman Noyola was in favor of the Water Street location for the trolley because it seemed to be the best option for business and for tourists. Mayor Neal asked that the Council review each of the amendments one by one before voting on the plan. The Council concurred with the amendments to Policy Statements B.2 and B.4 as presented by staff. A discussion ensued on the amendment for Policy Statement E.1. The Council concurred that the language in the section stating that "a fixed rail trolley with overhead electrical lines should not be located on the Bayfront" should be deleted. In addition, the Council concurred that the language regarding the trolley in the special study objectives section should be reinstated and amended to read as follows: Determine an appropriate location for a fixed rail trolley; possible issues include the visual impact of overhead electrical lines and poles on the bayfront; economic benefits of a trolley line located along Shoreline Boulevard with private development located on only one side of the line versus the trolley line located on Water, Chaparral or Mesquite Streets with private development located on two sides of the line, etc. Regarding Policy Statement D.11, the Council concurred that the wording should be amended to read as follows: The City will explore Minutes - Regular Council Meeting February 17, 2004 - Page 14 the use of the Coliseum. Finally, the Council concurred that Policy Statement B.10 should be amended to remove the word "bayfront" so it would read as follows: Expand Convention Center grounds and take advantage of its bayfront location by creating a public park and plaza south of the Convention Center on Shoreline Boulevard medians and the Barge Dock. A motion was made, seconded and passed to amend Item 19a to incorporate the changes to Policy Statements B.2, B.4, B.10, D.11 and E.1 of the South Central Area Development Plan. City Secretary Chapa polled the Council for their votes as follows: 19.a. MOTION NO. 2004-062 Motion to amend prior to Second Reading by amending Policy Statements B.2, B.4, B.10, D.11 and E.11 of the South Central Area Development Plan. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Colmenero were absent. 19.b. ORDINANCE NO. 025658 Amending the Comprehensive Plan of the City of Corpus Christi ("the City") by 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; rescinding the South Central Area Development Plan previously approved by Resolution 021169, May 21, 1991 and amended by Ordinance 022166, February 28, 1995; and amending related elements of the Comprehensive Plan including the Urban Transportation Plan. (First Reading 02/10/04) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Colmenero were absent. Mayor Neal opened discussion on Item 20 regarding the Seawall South Reach project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2004-063 Motion authorizing the City Manager or his designee to execute Amendment No. 15 to the Engineering Services Contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $1,181,100 for the design and construction phase services for the Seawall South Reach Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Colmenero were absent. Minutes - Regular Council Meeting February 17, 2004 - Page 15 Mayor Neal opened discussion on Item 21 regarding the Navy's Mine Warfare Center of Excellence. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025659 Resolution supporting the use of Padre Island for training in conjunction with the Navy's Mine Warfare Center Excellence and the Department of Defense's Gulf of Mexico Joint National Training Capability. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. ************ * Mayor Neal called for the City Manager's report. City Manager Noe reported that a series of public hearings on the Bayfront Master Plan were being held today and tomorrow at the Bayfront Plaza Convention Center, Room 225. He said the Tree Planting Ceremony symbolizing the close of the Neighborhood Improvement Project in Area 2 would be held tomorrow at 11:00 a.m. at the Navarro Place Day Care Center, 120 19th Street. He said a Neighborhood Meeting for residents in Area 2 would be held on Wednesday, February 18, 2004 at 6:00 p.m. in Ben Garza Gym to update the residents on the efforts to date in that area. At next Tuesday's Council meeting, Mr. Noe reported that there would be an update on the Packery Channel project including an afternoon tour of the site for the Council. He also said there would be an update on the landfill issue. Mayor Neal called for Council concerns and reports. In response to Council Member Garrett's question, City Engineer Escobar replied that the portion of Winnebago Street from Sam Rankin to Hwy. 181 would be leveled and sealed. He said the area from I-37 to Mesquite Street would eventually be completely reconstructed and renovated. Mr. Garrett asked if the city had any plans to do any road work immediately after opening the baseball stadium from the stadium area to Winnebago Street. Mr. Escobar answered negatively. Mr. Kelly stated that he has been receiving a large amount of correspondence regarding the leaky roof at the Northwest Library and their continuing scorpion problem. City Manager Noe replied that the Building Maintenance department is working on re -patching the roof now. Mr. Kelly asked Mr. Noe to keep him informed on this issue. Mr. Kinnison commented that the city had sent their letter regarding the jail contract to the County Judge. He asked City Manager Noe to keep the Council informed on the County's response. He said that one of the county commissioners made the statement that the county would be willing to pick up possums for the area. He asked City Manager Noe to follow-up on their offer. Finally, Mr. Kinnison referred to a Letter to the Editor in today's newspaper which questioned his commitment to the senior citizen and disabled communities since he was against Proposition 13. Mr. Kinnison responded that he was proud to stand on his record regarding issues affecting the disabled and senior citizens in the community during his tenure as a Council member. He also said he was happy to discuss Proposition 13 with anyone who was interested. Minutes - Regular Council Meeting February 17, 2004 - Page 16 Council Member Scott asked staff to schedule an update on the trolley project for the Council. He said he was glad the Council was going to receive an update on the Packery Channel project next week because of the misinformation that was currently circulating on the project. Council Member Noyola asked if Solid Waste Services could pick-up trash on the side of the road even if it was outside of their assigned duties. City Manager Noe replied that it would be best if the crews were to keep to their assigned duties. He said that a Neighborhood Improvement Project crew will be assigned to deal with those issues in problem areas. Assistant City Manager Massey said that crews could be instructed to pick up simple things that they see on the side of the road, but tires and other forms of trash would need to be disposed of in special ways. Mr. Noyola referred to a letter from Brian Gulley and Phil Hurst regarding the landfill, and asked when their questions would be answered. Assistant City Manager Massey replied that staff was working on scheduling a meeting with him tomorrow. He said staff would provide the information that was readily available by the end of the week. He said some of the information may take longer because there were legal issues involved, but the Open Records Act required that the city provide a response in ten days. Council Member Chesney asked the city to formally accept the county's offer to pick up possums in the community in writing. * * * * * * * * * * * * * Mayor Neal asked for petitions from the audience. Mr. Jack Gordy, 4118 Bray, asked the Council to place an item on the agenda regarding Proposition 13. Ms. Ivonne Gutierrez, 702 Ohio, spoke regarding immunization services at the City/County Health Department. Mr. Lee Castanon, 453 Parade, spoke regarding potential cuts in the Health Department by the county. Mr. Abel Alonzo spoke against the implementation of Proposition 13. Council Member Noyola asked City Manager Noe to send a letter to County Judge Shamsie in opposition to the county's proposed cuts in the Health Department budget. Council Member Kinnison said he made an offer to the Taxpayers Association to bring alternatives for the Council's consideration regarding Proposition 13. He said the group had no interest in bringing alternatives to the Council. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 12:03 p.m. on February 17, 2004. * * * * * * * * * * * * *