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HomeMy WebLinkAboutMinutes City Council - 03/30/2004I 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 March 30, 2004, which were approved by the City Council on April 13, 2004. WITNESSETH MY HAND AND SEAL, this the 13`" day of April 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 30, 2004 - 9:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney (Arrived at 9:09 a.m.) Javier D. Colmenero Melody Cooper (Arrived at 9:08 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 Council Member Kelly and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 March 23, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-16). City Secretary Chapa announced that Item 8 would be considered under the regular agenda. Council members requested that Item 5 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 through 16, constituting the consent agenda, except for Items 5 and 8. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2004-116 Motion approving the purchase of two (2) sport utility vehicles (SUV's) from the Houston - Galveston Area Council of Government (HGAC), for the total amount of $51,581.40. The award is based on the cooperative purchasing agreement with HGAC. The vehicles will be used by the Police Department. Funding is available from the FY 2003-2004 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. Minutes - Regular Council Meeting March 30, 2004 - Page 2 3.a. MOTION NO. 2004-117 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $25,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 3.b. ORDINANCE NO. 025682 Ordinance appropriating $25,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 4.a. MOTION NO. 2004-118 Motion authorizing the City Manager or his designee to accept a contract from the Area Agency on Aging of the Coastal Bend for the continuation of the FY 2004 Elderly Nutrition Program. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 4.b. MOTION NO. 2004-119 Motion authorizing the City Manager or his designee to accept a grant in the amount of $196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 4.c. ORDINANCE NO. 025683 Ordinance appropriating a grant in the amount of $196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program in the No. 1067 Park and Recreation Grant Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. Minutes - Regular Council Meeting March 30, 2004 - Page 3 6. MOTION NO. 2004-121 Motion authorizing the City Manager or his designee to execute Amendment No.1 to a Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $137,948.75 for a total restated fee of $437,523.75 for Capital Improvement Program Project Development Assistance. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 7. MOTION NO. 2004-122 Motion authorizing the City Manager or his designee to execute Change Order No. 8 for the Multi -Purpose Arena with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas in the amount of $362,039 for various architectural, electrical, and mechanical modifications. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 9. MOTION NO. 2004-124 Motion authorizing the City Manager or his designee to execute a construction contract with Hoover Construction, of Burnet, Texas in the amount of $649,214.51 for the State Highway 44 Clarkwood By -Pass Utility Adjustments Project. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 10. MOTION NO. 2004-125 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez in the amount of $25,080 for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4 Project and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 11. MOTION NO. 2004-126 Motion authorizing the City Manager or his designee to execute Change Order No. 7 with IHS Construction, of Corpus Christi, Texas in the amount of $128,395 for Street Resurfacing on South Staples Street from Gollihar Road to Williams Drive for additional traffic control and lane widening. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. Minutes - Regular Council Meeting March 30, 2004 - Page 4 12. MOTION NO. 2004-127 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the contract with Reynolds, Inc., of Orleans, Indiana in the amount of $199,061 for Broadway Basin SSO-I/I and Rehabilitation Stage 2-A Rebid for immediate and necessary repairs to severely deteriorated collection system major trunk lines. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 13. MOTION NO. 2004-128 Motion authorizing the City Manager to execute a Deferment Agreement with Hogan Development Company, L.P. (Developer) in the amount of $728,481.66 for public improvements including street pavement, curb, gutter, and sidewalks and storm water lines for the future street construction improvements to Corsica Road, Spanish Wood Drive, and Tapestry Street within the Barclay Grove, Unit 9 A Subdivision, in accordance with the Platting Ordinance Section V -Required Improvements, Subsection A.3.b. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 14.a. MOTION NO. 2004-129 Motion authorizing the City Manager or his designee to amend the scope of work for the Community Development Block Grant FY 2002 Neighborhood Centers of Corpus Christi project and reinstate and extend the contract term through November 30, 2004. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 14.b. MOTION NO. 2004-130 Motion authorizing the City Manager or his designee to amend the scope of work for the Community Development Block Grant FY 2003 Garcia Arts Education Center Area Street Improvements Phase 1 and 2. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. Minutes - Regular Council Meeting March 30, 2004 - Page 5 15.a. RESOLUTION NO. 025684 Resolution supporting the construction and permitting of a Corpus Christi LNG Facility by Corpus Christi LNG, L.P., an affiliate of Cheniere Energy, Inc. The foregoing resolution was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 15.b. RESOLUTION NO. 025685 Resolution supporting the construction and permitting of a San Patricio LNG Facility by Vista del Sol LNG Terminal, L.P., an affiliate of Exxon Mobil. The foregoing resolution was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 15.c. RESOLUTION NO. 025686 Resolution supporting the construction and permitting of an LNG receiving terminal by Occidental Energy Ventures Corporation. The foregoing resolution was passed and approved with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. 16. ORDINANCE NO. 025687 Amending the Zoning Ordinance of the City of Corpus Christi by amending sections 4A-2, 4B-2, 4C-2, 5-2, 6B-2, 8-2, 8A-2, and 9-2 to allow for temporary non -illuminated signs pertaining to the lease, hire, or sale of a building or premises on which the sign is located, with certain parameters. (First Reading 03/23/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent. Mayor Neal opened discussion on Item 5 regarding the Velocity Games. In response to Council Member Colmenero's question, City Engineer Angel Escobar replied that the Velocity Games were being held at McGee Beach this year instead of Cole Park, last year's site. Mr. Kinnison asked if this was the only area the Velocity Games was going to use this year. Assistant City Manager Margie Rose answered affirmatively. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 30, 2004 - Page 6 5. MOTION NO. 2004-120 Motion approving the application from Idea Worldwide, L.L.C. to temporarily close the following street sections for the Velocity Games: a. East Shoreline Boulevard (northbound), including the parking lane, from Furman Avenue to Park Avenue, maintaining an 18 -foot emergency lane on the east side of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June 1, 2004 at 12:00 a.m. b. East Shoreline Boulevard (northbound) from Park Avenue to Coopers Alley, maintaining an 18 -foot emergency lane and traffic circulation lane on the west side of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June 1, 2004 at 12:00 a.m. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ************* Mayor Neal deviated from the agenda, and opened discussion on Item 8 regarding the Construction Manager At Risk contract for the baseball stadium. City Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on this item. Mr. Kevin Stowers, Assistant Director of Engineering Services, stated that this item was a significant step forward in the development of the stadium. He said the negotiated price was within budget and included all of the essential elements the team had requested for the stadium. He noted that the price was subject to change as the bids were received from the subcontractors, but it would not exceed the guaranteed maximum price of $21.46 million. City Manager Noe commented that the project was on an extremely fast track, and this item would help the city stay on track for the stadium's start date in 2005. He also pointed out that the price was higher than originally estimated, but the 4A Board had indicated that the additional funds could be taken from their sales tax proceeds. Finally, he stated that the guaranteed maximum price represented the "ceiling" for the project, because once the city received the bids from the subcontractors, the price could be lower. Council Member Scott asked if the maximum guaranteed price included the family entertainment features that had previously been discussed, e.g. the swimming pool and the family play area. City Manager Noe answered affirmatively, saying that these features were included in the lease agreement to ensure their inclusion in the facility. There were no comments from the audience. Minutes - Regular Council Meeting March 30, 2004 - Page 7 8. MOTION NO. 2004-123 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Construction Manager at Risk Contract with Fulton Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana establishing a Guaranteed Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Before moving to the next item on the agenda, Mayor Neal referred to Item 15 and acknowledged Mr. Bill English with Corpus Christi LNG Development (an affiliate of Cheniere Energy Inc.) and Mr. Mark Sickel with Vista Del Sol LNG Terminal (an affiliate of Exxon Mobil). He thanked them for their commitment to developing liquid natural gas (LNG) receiving terminals in the Corpus Christi area (ETJ). * * * * * * * * * * * * * Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following item: 17.a. Public Hearing to consider Zoning Ordinance and Platting Ordinance Text Amendment: A text amendment to the Zoning Ordinance and Platting Ordinance to increase penalties for code violations to be consistent with State law. Ms. Barbara Bailey, Director of Development Services, stated that the current penalties in the Zoning Ordinance and Platting Ordinance were less than permitted by law. She said this item would increase the penalties for code violations to be consistent with state law. Mayor Neal asked if the city was going to enforce these penalties. Ms. Bailey replied that the maximum fines would only be assessed under extraordinary circumstances. City Manager Noe added that this item was a direct result of the city's efforts to ensure that its ordinances provide the tools needed to pursue code violators, to the full extent of the law if necessary. No one spoke in opposition to the text amendments. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 17.b. FIRST READING ORDINANCE Amending the Zoning Ordinance of the City of Corpus Christi by revising Section 35-3, by changing the maximum fine amount from $1,000 to $2,000. 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". Minutes - Regular Council Meeting March 30, 2004 - Page 8 17.c. FIRST READING ORDINANCE Amending the Platting Ordinance of the City of Corpus Christi by revising Section XI - Penalties, by changing the maximum fine amount from $100 to $500. 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". Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following item: 18.a. Public hearing to consider an amendment to the Preservation Plan, An Element of the Comprehensive Plan, by designation of 402 Peoples Street as a "Potential Landmark". Ms. Bailey explained that Mr. Glenn Peterson was requesting that his property on 402 Peoples Street, formerly the City National Bank, be designated as a "Potential Landmark". She said this designation would effectively stay demolition of the building for 30 days should any changes need to be made. She also said that the Landmark Commission and the Planning Commission are in favor of the designation. Mayor Neal remarked that the building had been remodeled extensively so that it no longer held its original appearance. He asked how this affected its designation as a potential landmark. Ms. Bailey responded that the building's exterior was changed in the 1950s and 1970s, but she said the original exterior was found to be intact and could be restored. Mr. Kelly asked how the property owner planned to restore the building. Ms. Bailey answered they were seeking funding sources, and it would probably be restored in the near future. Mayor Neal expressed his concern that the city was creating another "Old Nueces County Courthouse"that would remain vacant for decades. Ms. Faryce Goode -Macon, City Planner, replied that the building was being used for office space, and it was 75 percent occupied. She said Mr. Peterson had initially requested a higher classification of preservation, but the Landmark Commission denied it because of the same concerns the Council had raised about the facade. Thus, she said they only approved a "Potential Landmark" classification, which provided a 30 -day stay of demolition. After the 30 -day stay, she said the building could be demolished. No one appeared in opposition to the amendment to the Preservation Plan. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 30, 2004 - Page 9 18.b. FIRST READING ORDINANCE Amending the City of Corpus Christi Preservation Plan, An Element of the Comprehensive Plan, by designating property located at 402 Peoples Street as a "Potential Landmark" and by adding that one property that has been designated as a potential landmark within the Preservation Plan. The foregoing ordinance was passed and approved on its first reading as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0204-05, Richard O. Serna: A change of zoning from a "R -1B" One -family Dwelling District to a `B-1" Neighborhood Business District. The property is on Tracy Subdivision, Block 6, Lot 3, located along Elizabeth Street to the west and 100 feet north of Baldwin Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of a `B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 025688 Amending the Zoning Ordinance, upon application by Richard Serna by changing the zoning map in reference to Tracy Subdivision, Block 6, Lot 3 from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0204-06, Maurice C. Hunsaker and Walter Day: A change of zoning from a "F -R" Farm -Rural District to a "R -1C" One -family Dwelling District. The property is on Flour Bluff and Encinal Farm and Garden Tracts, Section 26, being 19.98 acres out of Lot 12, located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1C" One -family Dwelling District. Minutes - Regular Council Meeting March 30, 2004 - Page 10 No one spoke in opposition to the zoning change. Mr. Chesney made a motion to dose the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 025689 Amending the Zoning Ordinance, upon application by Maurice C. Hunsaker and Walter Day by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 19.98 acres out of Lot 12, Section 26 from "F -R" Farm -Rural District to "R -1C" One - family Dwelling District; 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0204-07, James Paul Allison and Doug Adams: A change of zoning from a "F -R" Farm -Rural District to a "I-3" Heavy Industrial District. The property is on Bohemian Colony Lands, Section 14, being 10 acres out of Lots 1 and 8, located along Saratoga Boulevard to the south and west of State Highway 286. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "I-3" District, and, in lieu thereof, approval of a "I-2" Light Industrial District. Ms. Bailey stated that the "1-3" District allowed for intensive uses that would be inappropriate for the neighborhood. She said the surrounding areas were either zoned "F -R" Farm - Rural District or "I-2" Light Industrial District. She said the "I-2" Light Industrial District seemed to be more compatible with the future development patterns in the area. She reported that the applicants were informed of the recommended change, and they concur with the Planning Commission's and staff's recommendation. Mr. Noyola asked what the applicant's plans were for development of the area. Ms. Bailey replied that they were planning industrial, office and warehouse uses. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 30, 2004 - Page 11 21. ORDINANCE NO. 025690 Amending the Zoning Ordinance, upon application by James Paul Allison and Doug Adams by changing the zoning map in reference to Bohemian Colony Lands, being 10 acres out of Lots 1 and 8, Section 14, from "F -R" Farm -Rural District to "I-2" Light Industrial District; 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 22, and a motion was made, passed and seconded to open discussion on the following zoning case: Case No. 0204-08, Hogan Development Company, L.P.: A change of zoning from a "F -R" Farm -Rural District to a "R -1C" One -family Dwelling District. The property is on Flour Bluff and Encinal Farm and Garden Tracts, Section 32, being 50.484 acres out of Lots 15, 16, 17, 22, and 23, located along Wooldridge Road to the south and east of Rodd Field Road. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1C" One -family Dwelling District. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Kinnison asked if there were any plans to improve Wooldridge Road because of the traffic demands being created by the new development in the area. City Manager Noe replied that the overall plan for the tract called for updating Wooldridge Road, and perhaps extending SPUR 3 through the tract. He said staff was working cooperatively to identify the needs for the area. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 025691 Amending the Zoning Ordinance, upon application by Hogan Development Company, LP by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 50.484 acres out of Lots 15, 16, 17, 22, and 23, Section 32 from "F -R" Farm -Rural District to "R -1C" One -family Dwelling District; 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was Minutes - Regular Council Meeting March 30, 2004 - Page 12 Item 23, a Crime Control and Prevention District Proposed FY 2004-2005 Budget and Project Update. Ms. Linda Bridges, Chairman of the Crime Control and Prevention District Board, stated that the board's budget philosophy was to look at the budget over a five-year period. She said they were trying to make decisions this year that would help over the long-term. Chairman Bridges said the Crime Control District was continuing to fund the following programs in FY 2004-2005: 50 officers; Juvenile Assessment Center; and the three MIS positions assigned to MDC (Mobile Data Computer)/AVL (Automated Vehicle Location System) project and CAD/RMS project. She said these programs comprised the core of the budget for FY 2004-2005. She said the allocation of the 50 police officers funded through the district was done at the discretion of the Police Department, based on need. She said it included 8 directed patrol officers, who were an integral part of the 50 officer complement. Chairman Bridges reviewed the programs that were not funded in FY 2004-2005. She said the Board has confirmed its past action not to renew the Pawn Shop Detail, a reduction of $68,330. She noted that the value of property recovered through the Pawn Shop Detail program has steadily declined from a high of $445,912 in 2001 to $16,996 in 2004. She also reported that replacement marked vehicles were reduced from eight to five, a reduction of $65,400. Chairman Bridges discussed further reductions to take place in FY 2005-2006. She reported that their projections indicated that by the end of the five-year cycle, the district would primarily be able to fund the 50 officers and the Juvenile Assessment Center. She said the board was recommending the elimination of the Functional Analyst position responsible for the Police CAD system, transferring it to the MIS/General Fund, a reduction of $72,433. She also said replacement marked vehicles were being reduced from 7 to 5, a reduction of $43,600. Chairman Bridges referred to another reduction in FY 2006-2007, the elimination of one of two Functional Analysts responsible for the Police Mobile Data Computer/ Automated Vehicle Location System, a reduction of $60,796. The Board recommended transferring this position to the MIS/General Fund. Finally, in FY 2007-2008, Chairman Richards said the board was recommending the elimination of the Technical Specialist position, the last remaining position responsible for the Police Mobile Data Computer/Automated Vehicle Location System. She said they recommended transferring this position to the MIS/General Fund, a reduction of $84,306. The board also recommended a reduction in replacement marked vehicles from 8 to 5, a savings of $65,400. Chairman Bridges commented that the Board was concerned that as the district saw a slight upwards trend in sales tax revenue, there was a corresponding increase in expenditures. She stated that the increase in expenditures was primarily related to the officers. She also remarked that the 50 officers funded through the district are not meant to supplant the city's police force. She said there was a concern that there wasn't a corresponding increase in the city's budget for police officers to meet the increasing policing needs of the community. Finally, Chairman Bridges stated that the Board was concerned about the future of the Juvenile Assessment Center since it had lost its federal funding stream. Mr. Kinnison asked what the Pawn Shop Detail program entailed. Police Commander Bryan Minutes - Regular Council Meeting March 30, 2004 - Page 13 Smith replied that most pawn tickets are sent to the Police department over the Internet, and stored on a database. He said that 10 percent of the area's pawn shops, however, do not provide computerized records; rather, they provide written copies of the tickets. He said the program consisted of two clerks who enter the written pawn tickets into the Police department's database, allowing for searches of stolen property against pawn shop records. Mr. Kinnison asked what the elimination of the program would mean. Commander Smith replied that the city was going to lose the ability to enter the written pawn tickets into the database. Mr. Kinnison remarked that the Pawn Shop Detail program had been successful in the past, and he asked why it had become less effective. Commander Smith replied that the program had been most successful when a supervisor was overseeing the operation, performing proactive searches and coordinating reports. He said an additional data entry clerk had also been assigned to the program. When the Police department lost these two positions, he said it dramatically affected productivity. Mr. Kinnison expressed concern that the program had been successful, but cuts made in the general fund had affected it tremendously. He said it seemed like the city was hurting itself regarding this program. Commander Smith answered that there was a limited amount of resources available, and the district had to make hard choices about which programs to fund in the future. He said the Board had been conscientious in working with the Council on these decisions. Mr. Kinnison asked for a status report on the funding issues facing the Juvenile Assessment Center (JAC). Ms. Mariah Boone, JAC Program Manager, replied that they have applied for approximately 20 grants in an effort to replace the Title V grants the federal government has eliminated. She said the Title V grants fund Judge Deanie King's position and four of six case managers. She said she has obtained $17,000 in grant funding, which would only cover non - personnel expenses. Unfortunately, Ms. Boone reported that there was little funding for public social services in the current environment. She said the Title V funding would end in July, and she did not know of any alternative funding sources outside of the city budget. Mr. Kinnison asked what the funding level was. Ms. Boone answered that, including Judge King's salary, the total amount was approximately $250,000. Mr. Kinnison asked Judge King to explain what the consequences would be if the Juvenile Assessment Center did not receive this funding. Judge King replied that the court would be inoperable without this personnel. She said she would be submitting a supplemental budget including her position and her support staff through Municipal Court. She said the Park and Recreation department would probably submit a supplemental budget for the four case managers. Ms. Debbie Marroquin, Acting Director of Management and Budget, stated that the city felt it was vital for the community to have the Juvenile Assessment Center. Thus, she said that as the city proceeded through the FY 2004-2005 budget process, staff would look for ways to fund the $266,000 needed for the center. City Manager Noe echoed her sentiments. Mr. Kinnison thanked Chairman Bridges and the rest of the Crime Control Board for their work. Ms. Cooper asked for a status on the JET team's efforts against gang and drug violence, stating that there seemed to be a higher incidence this year than in previous years. Commander Smith replied that the JET team has continued to fight gang and drug violence. He said, however, Minutes - Regular Council Meeting March 30, 2004 - Page 14 that the JET team could not eradicate gang activity in the community, but they could reduce gang membership and curtail their illicit activities. Ms. Cooper asked Commander Smith to what he attributed the recent increase in gang activity. Commander Smith replied that he was not certain there had been an increase in activity, perhaps just an increase in reporting. Police Chief Pete Alvarez Jr. added that the recent incidents that had occurred were not necessarily gang -related. He said the gang problem in the community was no better or no worse than last year. Mr. Scott commented that it was unfortunate that the federal funding stream for juvenile justice issues had been eliminated. Ms. Boone replied that when staff applied for the original federal grant, they had no reason to believe that the grants would not continue. She stated, however, that the federal government had shifted its funding priorities in response to the war effort. Ms. Pat Eldridge, Management Assistant with the Police Department, clarified that the federal grant funding stream has shifted to Homeland Security efforts. Commander Smith added that prevention programs were usually the first programs to be cut because it was difficult to quantify the results. Mr. Scott asked if rising insurance costs were to blame for the increases in expenditures in the Crime Control District budget. City Manager Noe replied that insurance costs are significantly under budget compared to projections. Mr. Scott commented that it would be a shame to cut the Pawn Shop Detail program if the city were to realize a savings because expenses were lower than anticipated. City Manager Noe and Ms. Marroquin assured Mr. Scott that staff would make adjustments to the budget as needed as they continued through the process. Mr. Colmenero asked how many more officers were needed to meet the growing policing needs in the community, excluding the 50 officers funded by the district. Commander Smith replied that before the Crime Control District was created, an average of 1.5 to 2 officers a year were added to the general fund over a 20 -year period. He said that, to the best of his knowledge, the city has not added any funding for officers in the general fund since the district came into existence. Commander Smith stated that logically, over the past six years, it would be reasonable to expect funding for an additional ten officers in the general fund. Mr. Colmenero asked if the decrease in officers was due to attrition. Commander Smith replied that attrition was a factor, and there have been a number of 20 -year retirements as well. He said the general fund has 395 budgeted positions, 3 positions funded through grants, and 50 through the Crime Control District. He said the general fund is only funding 378 officers at this time, a decrease of 17 officers. He noted that a 15 -member police academy class will graduate in December, but by then the attrition rate will probably account for an additional reduction of 15 officers. Mr. Colmenero asked what the retention rate was for the academy. Commander Smith replied that it was high. City Manager Noe added that the recent improvements in retirement benefits could also explain the increase in retention rates. He said staff would discuss the timing and number of an academy for next fiscal year in the budget process. Finally, Mr. Colmenero spoke in support of the Pawn Shop Detail program, suggesting that the pawn shop industry could partner with the city to keep the program alive. He was concerned that the crime rate would increase dramatically without the program. Commander Smith said the pawn shops were already cooperating tremendously with the city, achieving a 90 percent program Minutes - Regular Council Meeting March 30, 2004 - Page 15 cooperation rate. He said the district was looking for the potential of any one-time expenditure they could use to aid property recovery efforts. Mr. Noyola remarked that the voters had approved the continuation of the district primarily to fund its core programs, an additional 50 police officers and the Juvenile Assessment Center. Chairman Bridges commented that this was the board's perspective as well. Mr. Noyola said the city had an obligation to fund these programs in the absence of any federal funding. Mr. Noyola asked why the district had an ending balance of $2 million budgeted in FY 2003- 2004, decreasing in subsequent years to approximately $700,000 in FY 2007-2008. Chairman Bridges responded that the Board's concern was, although it was highly unlikely, that if the district was not renewed in FY 2007-2008, there were a number of costs that would continue past the district. Thus, she said the Board felt there needed to be some cushion in the budget. Mr. Garrett asked for a status of overtime in the communications divisions. Ms. Eldridge replied that the technical services division (Metrocomm) was currently at 75 percent of budget for overtime, and staff anticipated exceeding the budget for overtime. Mr. Garrett asked if staffing cuts were responsible for the increase in overtime. Ms. Eldridge replied that this was probably one of the reasons. City Manager Noe added that staff was working on better retention for these positions, but it was still a challenge. Mr. Garrett expressed concern about excessive fatigue for those employees working overtime, and he asked City Manager Noe to try to replace the positions to alleviate the problem. Mr. Garrett asked if the city was going to lose the Juvenile Assessment Center. Mr. Noe replied that ultimately, this was a budget decision, but staff was committed to finding a way to fund the personnel in next year's general fund budget. Mr. Garrett spoke in support of the continuation of the Juvenile Assessment Center. Chairman Bridges concluded that the district was on schedule for its public hearing for the Crime Control District budget, scheduled for April 21, and anticipated budget adoption on May 5. Mayor Neal thanked the Board and staff for their efforts in making the program a success. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and opened discussion on Item 30 regarding the city's Industrial District Agreement. City Manager Noe stated that the city's current industrial district contracts expire on December 31, 2004. He said staff has been working closely with the Port Industries for several months to negotiate new ten-year contracts. He said there were a number of changes in the agreement which were a benefit to both the city and the Port Industries, and he asked Assistant City Manager Mark McDaniel to provide a report. Assistant City Manager Mark McDaniel thanked the industry negotiation team, comprised of Flint Hills, Valero, CITGO, Equistar, and Mr. Tom Curlee with the Port Industries. He especially thanked Mr. Roger Ten Napel for his efforts. Mr. McDaniel said the city first became involved in industrial districts in 1981-82. He said the Industrial District contracts have been renewed and revised several times since its inception Minutes - Regular Council Meeting March 30, 2004 - Page 16 (about every ten years). He said there were over 60 separate agreements that would expire on December 31, 2004. He said the total amount of revenues generated from the industrial districts was $6 million. Mr. McDaniel discussed the proposed new agreements. He said staff wished to maintain the one standard form or master agreement used previously. He said the term of the agreement was January 1, 2005 through December 31, 2014. Mr. McDaniel said the base calculation for payments in lieu of taxes remained the same - the city's tax rate per $100 valuation multiplied by the following: land - 100% of value; improvements - 60% of value; and new improvements - 6-58% of value Years 1-8, respectively. He said the rate would go to 60% in Year 9. Mr. McDaniel reviewed two new features in the agreement. First, he said they had added an improvement qualification, stipulating that the improvement must be at least $3 million in a single year. Second, Mr. McDaniel said a floor and cap was set on the value increase per year as follows: new improvements were accelerated to meet 3 percent minimum; and value over 6 percent was deferred. Third, he said the industry asked for and staff has agreed to additional flexibility for fire protection. Finally, he said there was a provision regarding water service, stipulating that if the industry takes more than 10 percent of their water needs from another source, they must give the city six months' notice. In addition, he said there was an acknowledgment statement in the agreement stating that the city is the regional water source, and emphasizing its importance. Mr. McDaniel pointed out that there was a substitute Exhibit A, which added a reference to an ordinance passed last time, and also changed a date from 1995 to December 15, 2004. He said the ordinance would have its second reading at the Council's next meeting. Mayor Neal thanked staff and the city's industry partners for their efforts in making this agreement. He said this was one of the high points of this Council session because it guaranteed the city a measure of stability in the future. There were no comments from the audience. Mr. Scott made a motion to amend the item as detailed by Mr. McDaniel, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 30. FIRST READING ORDINANCE Amending Ordinance No. 15898, as amended, by approving a Revised Standard Form Industrial District Agreement; and authorizing the City Manager or his designee, to execute Industrial District Agreements based on the Revised Standard Form Industrial District Agreement and to file the Industrial District Agreements in the Official Records of the county where the affected land is located. 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 second presentation on the day's Minutes - Regular Council Meeting March 30, 2004 - Page 17 agenda, Item 24, regarding the Padre Island Desalination Plant Facility Analysis and Siting Plan, Stage 1, Phase 2. Mr. Jonathon Howard, Project Manager with Carollo Engineers, first reviewed Stage 1, Phase 1 of the project as recommended in June 2003. He said the recommended project capacity was 3.0 mgd, consisting of the following components: Chicot Aquifer HDD well field; 1.0 mgd RO (Reverse Osmosis) facility, with buildings and infrastructure to support 5 mgd capacity); 2.0 mgd ASR (Aquifer Storage and Recovery) capacity; deep well injection by-product disposal; site work and transmission piping; and upgrades to existing Padre Island pump station. He said the estimated cost was $23.2 million, including contingencies (±30 percent). Mr. Howard then reviewed the tasks of the authorized work for Stage 1, Phase 2 of the project. He said the tasks were as follows: validation studies; population and water demand analyses; hydraulic modeling for Padre Island; water supply alternatives; pump station evaluation; pilot plant evaluation; and detailed facilities design. Regarding the validation study, Mr. Howard said the purpose was to confirm technical information (and costs) used to develop the June 2003 recommended project. He said two test borings and one test well were planned as part of the validation studies to confirm aquifer hydraulic characteristics associated with ASR and aquifer water quality associated with RO. He noted that the tests were originally scheduled for completion at the end of December 2003, but, due to the unusually wet weather this fall, the tests would not be completed until the end of next month. Currently, he said the two boring were complete, and the test well under construction. Mr. Howard discussed the results of the validation studies to date. Regarding ASR, he said the early conclusion was that ASR feasibility was confirmed. In fact, he said they were seeing better conditions than anticipated. He said the results of the test well would determine whether to move forward with the initial ASR production phase. Regarding the RO supply, he said the salinity levels were higher than expected (4,000 to 12,000 mg/L, compared with the estimated 3,000 mg/L from the original study). Thus, he said the RO treatability and costs would probably increase, and the costs would be revised as necessary by the end of June. Mr. Howard reviewed the population and water demand projections for Stage 1, Phase 2 of the project. He said the purpose of this task was to refine water demands over time to provide a basis for planning and phasing improvements. He said the population projections were developed in conjunction with the Planning Department. He said they were used for these studies and for the Mustang -Padre Island ADP. He noted that Packery Channel appeared to be a significant catalyst for growth on the Island. Regarding the water demand projections, he said they were based on historic service area billing data. Mr. Howard said their ultimate maximum day demand projections were 250 percent higher than the 1997 projections. Council Member Scott asked why there was such a discrepancy between the 1997 projections and current projections. City Engineer Angel Escobar said that the 1997 projections were made before the existence of the Packery Channel project. Assistant City Manager Ron Massey added that the 1997 projections may have underestimated the water usage for the Port Aransas area. Mr. Howard stated that their revised ultimate Peak Hour Demands (PHD) projections were 300 to 350 percent higher than 1997 projections, but he noted they were subject to interpretation of TCEQ's regulations. Mr. Howard reported on the status of the other tasks for Stage 1, Phase 2. First, he said the Minutes - Regular Council Meeting March 30, 2004 - Page 18 hydraulic modeling for the Island primarily served as a support activity for facility siting and sizing. Second, he said the water supply alternatives had been screened down from 288 to 26 total alternatives, concentrating on six "pipelines -only" alternatives. He said the remaining Pipeline/ASR/RO combination alternatives would be reviewed pending results from the validation studies. Third, he said the RO pilot remained unauthorized. Mr. Howard then discussed the emerging results from the work to date. He categorized the results by both type of improvement (storage, transmission capacity / water supply) and planning horizon (short-term, near-term and long-term). Regarding the short-term improvements (July, August, and September 2004), he said they were driven by immediate need for service improvements, and thus, they need to be implemented in Spring 2004. He said the near-term improvements (until 2010) were driven by near-term demands and the need for service improvements. He said the implementation for near-term improvements was anticipated during the next two years. Regarding the long-term improvements (beyond 2010), he said they were recommended for implementation proportional to population and water demand increases in the service area. Mr. Howard briefed the Council on the specific short-term improvements being recommended to date. He said they were currently implementing the initial ASR phase to address storage needs. He said transmission capacity and water supply needs were being addressed by confirming sizing and costs of the Laguna Madre Crossing. He said pumping capacity needs were being addressed by implementing short-term modifications to accommodate Summer 2004 demands. Finally, he said the detailed facilities design was proceeding with ASR initial production phase and Pump Station design work. Mr. Howard then discussed specific near-term improvements that were being recommended to date. He said storage needs could be addressed by evaluating continued ASR expansion and adding elevated storage. He said transmission capacity and water supply needs could be addressed by increasing the transmission capacity across the Laguna Madre and by evaluating the condition of the existing 24 -inch pipe. Mr. Howard said the pumping capacity could be addressed by increasing the pumping capacity at least through 2010. Finally, Mr. Howard discussed specific long-term improvements that were being recommended to date. He said storage needs could be addressed by further increasing ASR consistent with demonstrated capacity and adding ground and elevated storage. He said transmission capacity and water supply needs could be addressed by reinforcing mainland transmission capacity or otherwise replacing "borrowed" capacity with a new water source. He said the pumping capacity needs could be addressed through further capacity increases at the existing pump station site and/or addition of a second pump station at the south end of the service area. In addition, he said improvements to the mainland pumping stations could address pumping capacity needs. Mr. Howard reviewed the schedule for the remaining work. He said the validation report and the water supply alternatives report were scheduled for completion by June 30, 2004. He said the water supply alternative report would include final recommendations for near-term and long- term water supply improvements. Regarding the short-term pump station improvements, he said they were scheduled for completion prior to the Summer 2004 peak demands. Due to the quick Minutes - Regular Council Meeting March 30, 2004 - Page 19 timeline, he said the project cannot be completed using standard procurement. Rather, the city purchase of major equipment and installation would be done via change order to an existing city construction contract. He said the ASR initial production phase would be on-line by the end of 2005. Finally, he said the RO pilot plant work was subject to future Council authorization. Council Member Scott asked what the city was doing to address the island's water needs this summer. Mr. Howard replied that they were adding two more pumps, an emergency generator, and some yard piping to address the island's needs. Assistant City Manager Massey added that the pumps would keep the Island's system pressurized. He said the work was compatible with the work being done on the Southside transmission main. Mr. Scott asked staff to draft a memo for distribution to inform island residents about the improvements. Mr. Scott asked how much the city has spent on the Southside transmission line improvements. Assistant City Manager Massey replied that the city has spent approximately $27 million to date. Mr. Scott asked that staff communicate the resources being spent and relate the nature of the improvements to the residents so they know the city is addressing their needs. Mr. Scott asked if there were any concerns about ASR at this point, specifically regarding subsidence. Mr. David Pine with ASR Systems replied that the early numbers from the test well were very encouraging, but they needed more information before making a final recommendation. He said the results to date indicated that the site by the fire station on Mustang Island appeared to be the best ASR site in the area. Mr. Kelly asked if the improvements would alleviate the water pressure problems in the Northwest area. Assistant City Manager Massey answered that the Northwest area should have more stable, high water pressure as a result of the Southside transmission main improvements. Mr. Ed Garana, Director of the Water Department, stated that there may be a period of rebalancing the water system, but the improvements should address the problems in the Northwest area. * * * * * * * * * * * * * Mayor Neal opened the discussion on Item 25 regarding the Southside Transmission Main project. Mr. Scott asked if project had initially been budgeted at $500,000. City Engineer Escobar answered affirmatively, but said the new price was approximately $615,000. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2004-131 Motion authorizing the City Manager or his designee to execute an amendment to a Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount of $615,245 for the Southside Transmission Main, Phase 6 - Laguna Madre Pipeline Crossing Permitting. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Items 26 through 29 regarding changes to littering and premises sanitation ordinances. City Manager Noe explained that these changes were designed to Minutes - Regular Council Meeting March 30, 2004 - Page 20 improve the quality of life in the city's neighborhoods by making the current regulations stricter, more specific, and easier to enforce. He noted, for example, that the city did not currently have an ordinance on the books prohibiting littering. Council Member Chesney asked about the enforcement measures for these ordinances. City Manager Noe replied that the city has added more code enforcement officers, given them the power to write tickets, and provided them with additional training to augment enforcement. Mr. Chesney remarked that police officers should also assist in enforcement efforts as much as possible. City Manager Noe agreed, and also said that staff was working on a public information campaign to encourage citizens to keep the city clean. Mr. Chesney asked staff to provide information on how many littering tickets the city has given out to date. In response to Council Member Scott's question, City Manager Noe stated that the ordinance was easier to enforce partly because the city no longer has to prove intent. Mr. Scott also asked for a report on the Spring Break activities. He spoke in support of the changes to the ordinance, and asked staff to engage in an aggressive marketing campaign to inform the public. Council Member Noyola spoke in support of a marketing campaign, suggesting the use of utility bills as a way to disseminate the information. He also asked how the city would handle illegal dumping in alleys. City Manager Noe answered that Solid Waste Services employees conduct investigations to try to identify individuals responsible for illegal dumping. He also said the property owner was notified that illegal dumping has occurred, and that they are responsible for cleaning it up. Mr. Noyola also said the Solid Waste Services crews should also help in the effort when possible. Council Member Kelly stated that the changes were a step in the right direction. He expressed concern, however, that the strict liability clause in the ordinance would make it difficult to assist those property owners with special circumstances (e.g. elderly widow with no resources). City Manager Noe answered that the city routinely works with property owners to achieve voluntary compliance. He said the key was to be flexible when appropriate. Mr. Kelly asked what the consequences were for unpaid fines. Chief Municipal Court Judge Rodolfo Tamez replied that the consequence for an unpaid fine could be arrest and incarceration, and a charge of $100 per day in jail. He said if the person was indigent, however, these punishments would not apply. Finally, Mr. Kelly suggested that meter readers could also identify hot spots in the city. Council Member Colmenero agreed that meter readers could be used to identify problem neighborhoods. He spoke in support of the revisions to the ordinances. Mayor Neal asked for public comment. Mr. Phil Rosenstein spoke in support of the revisions to the ordinance, especially regarding those prohibiting littering in alleys. Mr. Jack Gordy, 4118 Bray, spoke in support of the revisions to the ordinances, but he was concerned about enforcement. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 30, 2004 - Page 21 26. FIRST READING ORDINANCE Amending Section 1-6 of the Code of Ordinances relating to general penalties; enacting Subsection 1-6.1 relating to continuing violations. 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". 27. FIRST READING ORDINANCE Amending Section 23-63 of the Code of Ordinances relating to depositing garbage in a public place. 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". 28. FIRST READING ORDINANCE Amending Section 23-67 of the Code of Ordinance relating to permitting accumulation of filth on lots. 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". 29. FIRST READING ORDINANCE Amending Section 23-68 of the Code of Ordinance relating to permitting weeds and rubbish on lots. 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". Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. Sirfrederickvonusa King 7`s, 905 Cleveland Street #4, spoke regarding his plans to run for political office. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns that the city was allegedly using CDBG funds to pay for the Chamber of Commerce membership dues for City Council members. Ms. Angie Gonzalez, 313 Virginia, spoke regarding her complaint against Police Captain John Houston. Ms. Agnes Horn also spoke regarding Ms. Gonzalez's complaint against Captain Houston. Mr. Wayne Hodge, President of the Corpus Christi Police Officers Association, spoke Minutes - Regular Council Meeting March 30, 2004 - Page 22 regarding his concerns about the city's car impound lot. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 31. Executive session under Texas Government Code Section 551.071 regarding claim and potential litigation involving the Animal Control Facility, with possible discussion and action related thereto in open session. 32. Executive session under Texas Government Code Section 551.071 regarding Cause No. 98- 61993-3, George Kines Taylor and Sandra G. Taylor, as Independent Co -Executors of the Estate of Fay K. Taylor, Jennifer Taylor Labrie, and George Kelley Taylor vs. City of Corpus Christi, Texas, et al, in the County Court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session, and Mayor Neal called for the City Manager's report. City Manager Noe reported that a follow-up meeting providing the results of the NIP in the Gardendale area was held yesterday. He said the project was extremely successful, removing a record 270,000 tons of trash, 40,000 tons of which were tires. He said the NIP Site 4 was bounded by Whitaker, McArdle, and Ricki Streets, and the project would begin on May 3. Mr. Noe announced the opening of the new Animal Care Services facility on Holly Road. He also mentioned that the Health Department was planning a mini -Health Fair on April 6 from 1 p.m. to 4 p.m. in their auditorium. He referred to a memo providing an update on the work scheduled for McGee Beach, stating that it would be completed by the end of May, in time for the Velocity Games. Mr. Noe stated that the following items were scheduled for the April 13 Council meeting beginning at 10:00 a.m.: update on the Bayfront Master Plan; discussion on Bond 2004; briefing on the Velocity Games; second readings on the littering and premises sanitation ordinances; and consideration of the vacant building ordinance. Mayor Neal called for Council concerns and reports. Council Member Cooper announced that the next Town Hall Meeting would be held on April 5 at Lindale Senior Center, hosted by Council Member Colmenero, herself, Council Member Garrett, and Council Member Chesney. Council Member Garrett spoke regarding the poor condition of the car impound lot. He asked why the lot hasn't been improved. City Manager Noe replied that there was a lack of funds to address the drainage and other problems. He said staff was looking at other alternatives besides making repairs, such as finding an alternate facility. Council Member Scott spoke in support of the littering ordinances, saying they were a good Minutes - Regular Council Meeting March 30, 2004 - Page 23 start. He also spoke in support of the Neighborhood Improvement Program, commending staff for their efforts. He asked if staff was discussing recycling efforts as a part of the NIP. Assistant City Manager Massey replied affirmatively, saying that staff tried to emphasize all of the Solid Waste services. Mr. Scott suggested partnering with neighborhood associations, especially the Morningside Neighborhood Association, to promote participation in recycling. Assistant City Manager Massey added that the Recycling Committee was also going to provide recommendations, and he proposed asking neighborhood association representatives to serve on the committee. Finally, Mr. Scott asked if the Council was still going to be able to serve on the TIF board. City Manager Noe answered affirmatively. Mr. Kelly facetiously remarked that, as he had previously suggested, McGee Beach was getting new sand. He also asked the Council to consider trading the April 13 meeting date for April 6. Mayor Neal replied negatively, saying that several Council members had made commitments on April 6 that they could not change. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:05 p.m. on March 30, 2004. * * * * * * * * * * * * *