HomeMy WebLinkAboutMinutes City Council - 05/25/2004I 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 May 25, 2004, which were approved by the
City Council on June 8, 2004.
WITNESSETH MY HAND AND SEAL, on this the 8th day of June 2004.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 25, 2004 - 10:05 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
Assistant City Secretary Mary Juarez
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Evangelist Napoleon Johnson of Faith Mission Outreach and the Pledge
of Allegiance to the United States flag was led by Council Member Colmenero. 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 May 18, 2004. A motion was made and passed to
approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-10). Assistant City
Secretary Juarez announced that Council Member Noyola would be abstaining from the vote and
discussion on Item 7. There were no comments from the audience. A motion was made and passed
to approve Items 2 through 10. Assistant City Secretary Juarez polled the Council for their votes
as follows:
2. MOTION NO. 2004-203
Motion authorizing the City Manager or his designee to execute a construction contract with
R.S. Black Civil Engineers of Corpus Christi, Texas in the amount of $486,000 for the
Wesley Seale Dam Crest Gate Hoist Actuator Replacement (South Spillway).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 25, 2004 - Page 2
3. MOTION NO. 2004-204
Motion authorizing the City Manager or his designee to execute a construction contract with
C. W. Campbell Electric, Inc. of Corpus Christi, Texas in the amount of $239,292 for the
O.N. Stevens Water Treatment Plant On-going Instrument Maintenance Program FY 2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4.a. MOTION NO. 2004-205
Motion authorizing the City Manager or his designee to reinstate and amend the scope of
work for the FY 2002 Emergency Shelter Grant Gulf Coast Council of La Raza agreement.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4.b. MOTION NO. 2004-206
Motion authorizing the City Manager or his designee to amend the scope of work for the FY
2003 Emergency Shelter Grant Gulf Coast Council of La Raza agreement.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5.a. ORDINANCE NO. 025764
Ordinance appropriating $30,020.92 from Barclay Grove Unit 9, developer's contribution
to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No.
024130, which appropriated the Trust Funds, by adding $30,020.92 to the No. 4730
Infrastructure Fund.
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".
5.b. MOTION NO. 2004-207
Motion approving payment of $30,020.92 developer's contribution from Barclay Grove Unit
9 from the No. 4730 Infrastructure Fund to Mark Bratton, Estate Trustee, for disbursement
to the appropriate Funding Owners, in accordance with the Offsite Drainage Development
Contract, Master Plan Drainage Channel 31 between the City of Corpus Christi and Trustee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 25, 2004 - Page 3
6. ORDINANCE NO. 025765
Ordinance abandoning and vacating a 1,484 -square foot portion of a 10 -foot wide utility
easement between Lots 1-3, and Lots 50-52, Block A, Don Patricio; requiring the owner,
Daniel J. Thornton to comply with the specified conditions and replat the property within
180 days at owner's expense.
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".
7.a. RESOLUTION NO. 025766
Resolution authorizing the City Manager or his designee to accept a Federal Aviation
Administration Entitlement Grant, Grant No. 36, in an amount not to exceed $8,218,378 for
the following proj ects: Update Airport Master Plan Study; Rehabilitate Runway 13/31, Phase
1; and acquire 1,500 gallon aircraft rescue and fire fighting vehicle.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
7.b. ORDINANCE NO. 025 767
Ordinance appropriating an amount not to exceed $8,218,378 from the Federal Aviation
Administration Grant No. 36 in the Airport Capital Improvement Program Grants Fund No.
3020 for the following projects: Update Airport Master Plan Study; Rehabilitate Runway
13/31, Phase 1; and acquire 1,500 gallon aircraft rescue and fire fighting vehicle; amending
FY2003-2004 Capital Budget to increase appropriations by $8,218,378.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott,
voting "Aye"; Noyola abstained.
8. ORDINANCE NO. 025768
Ordinance authorizing the City Manager or his designee to execute a Use Agreement with
P.A.L.S. Funds, Inc. relating to construction and donation of improvements to Dan
Whitworth Park.
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".
Mi - Regular Council Meeting
May 2004 - Page 4
9. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 9, Aviation, Section 9-32, Trespass Upon
Runways, Ramps, Taxiways, etc; providing for criminal penalties; and establishing an
effective date.
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".
10. ORDINANCE NO. 025769
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V,
Code of Ethics, Section 2-311, Standards, Provisions for Former Employees, Subsection 21.
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 11, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0304-06, Shoreline Oaks: A change of zoning from a "T -1B" Manufactured Home
Park District and "B-4" General Business District to a "R -1C" One -family Dwelling District.
The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 40, being
14.763 acres out of Lot 7, and being 5.509 acres out of Greentree Recreational Vehicle Park
Unit 1, located south of the Division Road extension and west of Flour Bluff Drive.
Assistant City Secretary Juarez said the Planning Commission and staff recommended the
approval of the "R -1C" One -family Dwelling District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Garrett, and passed. Ms. Juarez polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
May 25, 2004 - Page 5
11. ORDINANCE NO. 025770
Amending the Zoning Ordinance, upon application by Shoreline Oaks, by changing the
zoning map in reference to 14.763 acres out of Lot 7, Section 40, Flour Bluff and Encinal
Farm and Garden Tracts and 5.509 acres out of Greentree Recreational Vehicle Park Unit
1, from "T -1B" Manufactured Home Park District and "B-4" General Business District to
"R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-06, Gene Graham: A change of zoning from a "F -R" Farm -Rural District to
a "RE" Residential Estate District. The property is in Laureles Farm Tracts, being 47.963
acres out of Sections A and 31, located between South Oso Parkway and County Road 41
and north of Farm to Market 2444 (South Staples Street).
Assistant City Secretary Juarez said the Planning Commission and staff recommended the
approval of the "RE" Residential Estate District.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Ms. Juarez polled the Council for their
votes as follows:
12. ORDINANCE NO. 025771
Amending the Zoning Ordinance, upon application by Gene Graham by changing the zoning
map in reference to Laureles Farm Tracts, being 47.963 acres out of Sections A and 31 from
"F -R" Farm -Rural District to "RE" Residential Estate District; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-07, Staples Timbergate Associates: A change of zoning from a "R -1B" One -
family Dwelling District and "A-1" Apartment House District to a "B-4" General Business
District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, being 7.97
acres out of Section 11, Lot 16, located at the northeast corner of South Staples Street and
County Road 26-A (Timbergate Drive).
Minutes - Regular Council Meeting
May 25, 2004 - Page 6
Assistant City Secretary Juarez said the Planning Commission recommended the approval
of the "B-4" General Business District, and staff recommended the denial of the "B-4" General
Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District.
Assistant Director of Development Services Michael Gunning explained that staff differed
with the Planning Commission's recommendation for several reasons. First, he said the applicant
was proposing to construct a 40,000 square -foot retail center over three years. He said by planning
standards, a retail center of this size would be considered a neighborhood shopping center, and thus
would warrant a "B-1" zoning designation. Second, he said there was residential zoning
immediately to the south that was undeveloped, and multi -family zoning to the east. Third, staff was
concerned that the "B-4" district would allow for auto -repair, bars, lounges, and taverns, as well as
an increase in signage for the Staples Street corridor, which could pose a problem for future
residential neighborhoods in the area. Mr. Gunning noted, however, that staff was developing a
comprehensive sign code amendment to address the "B-4" signage concern.
Mayor Neal called for public comment. Mr. Hutch Bryant, the applicant's representative,
spoke in support of the Planning Commission's recommendation for the approval of the "B-4"
General Business District.
Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed.
Mr. Scott noted that the city had not received any letters in opposition to the zoning change, and he
did not think the application should be denied due to signage issues. He spoke in support of the
Planning Commission's recommendation. Ms. Cooper also spoke in support of the Planning
Commission's recommendation. Ms. Juarez polled the Council for their votes as follows:
13. ORDINANCE NO. 025772
Amending the Zoning Ordinance, upon application by Staples Timbergate Associates by
changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts,
Section 11, being 7.97 acres out of Lot 16 from "R -1B" One -family Dwelling District and
"A-1" Apartment House District to "B-4" General Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-08, Ross and Judith Sisson: A change of zoning from a "B-2" Bayfront
Business District to an "I-2" Light Industrial District. The property is in Flour Bluff and
Encinal Farm and Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and Gadwell
Addition, Block 1, Lots 2 and 3, located on the southwest corner of Gadwell Street and
Laguna Shores Road.
Assistant City Secretary Juarez said the Planning Commission and staff recommended the
Minutes - Regular Council Meeting
May 25, 2004 - Page 7
denial of the "I-2" District, and in lieu thereof, approval of a Special Permit for a kennel/animal
rescue facility subject to a site plan and nine (9) conditions.
Mr. Gunning stated that staff was amending the ordinance to delete the wording in Condition
2 reading that "No more than six (6) dogs, cats, or rabbits may be kept inside the residence/office
or in the animal grooming salon."
Mayor Neal asked for public comment. Ms. Judy Sisson, the applicant, asked for an
additional amendment setting the limit on the maximum number of birds, cats, dogs, and rabbits in
the facility not to exceed a total of 120, rather than setting a limit of 30 animals per species as in the
proposed ordinance, because it would allow them more flexibility. Director of Development
Services Barbara Bailey proposed an alternative amendment allowing for no more than 60 of any
species at one time, not to exceed a total of 120 animals. Ms. Sisson was in agreement with Ms.
Bailey's proposal.
A motion was made, seconded, and passed to close the public hearing. Mr. Chesney made
a motion to amend the ordinance as proposed by staff, seconded by Ms. Cooper. The motion to
amend passed unanimously. Assistant City Secretary Juarez polled the Council for their votes as
follows:
14. ORDINANCE NO. 025773
Amending the Zoning Ordinance, upon application by Ross and Judith Sisson, by changing
the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 54,
being 1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2 and 3, (currently
zoned "B-2" Bayfront Business District) by granting a special permit for a kennel/animal
rescue facility subject to a site plan and nine (9) conditions; 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 as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-09, Myers Real Estate Company: A change of zoning from an "AB"
Professional Office District with a "SP" Special Permit to a `B-1" Neighborhood Business
District. The property is in River Forest acres, Block J, Lot 28, located at the intersection
of United State Highway 77 access road and Calallen Drive.
Assistant City Secretary Juarez said the Planning Commission and staff recommended the
approval of the "B-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Kelly, and passed. Assistant City Secretary Juarez polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
May 25, 2004 - Page 8
15. ORDINANCE NO. 025774
Amending the Zoning Ordinance, upon application by Myers Real Estate Company by
changing the zoning map in reference to River Forest Acres, Block J, Lot 28, from "AB/SP"
Professional Office District with a special permit to "B-1" Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0404-10, Texas Cable Partners, L.P.: A change of zoning from a "R -1B" One -
family Dwelling District to a "B-1" Neighborhood Business District. The property is in
Center View Subdivision, Block 1, Lot 2, located between Elgin Street and Greenwood
Drive.
Assistant City Secretary Juarez said the Planning Commission and staff recommended the
approval of the "B-1" Neighborhood Business District.
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. Assistant City Secretary Juarez polled the
Council for their votes as follows:
16. ORDINANCE NO. 025775
Amending the Zoning Ordinance, upon application by Texas Cable Partners, L. P. by
changing the zoning map in reference to Center View Subdivision, Block 1, Lot 2, from "R -
1B" One -family Dwelling District to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 17, the first reading of the proposed vacant building
ordinance. Assistant City Manager Margie Rose stated that staff had provided an brief overview of
the proposed ordinance on April 13, 2004. She said today's discussion would focus on the changes
made to the ordinance after staffs meeting with the Board of Realtors.
Assistant City Manager Rose said the first change was to Section 13-2003 of the ordinance,
which provided a list of exceptions to the ordinance. Ms. Rose stated that staff added this section
Minutes - Regular Council Meeting
May 25, 2004 - Page 9
because it was unclear to the Board of Realtors if there were any exceptions. She explained that an
unoccupied building that was not considered a vacant building under the criteria defined in Section
13-2002 of the ordinance, and that was secured by normal means (e.g. locks, security systems, and
storm shutters), could be exempted from the provisions of the ordinance under the following
conditions: being offered for sale or rent by the owner or property manager; being converted to
another use authorized by its certificate of occupancy; and/or being modified or altered for another
occupancy classification.
Assistant City Manager Rose reported that the second change was in Section 13-2007
regarding the vacant building plan and timetable. She said Subsection (a) required the owner of a
vacant building or structure to submit a plan and timetable for: 1) returning the building or structure
to a lawful occupancy and use; 2) demolishing the building or structure; 3) rehabilitation of the
building or structure; and 4) measures that will be taken to ensure that a vacant building or structure
retained for investment purposes, does not adversely affect the property values of adjacent property.
She said staff added the fourth item regarding the measures to protect the property values of adjacent
property because it was an especially important consideration in the process. In addition, Ms. Rose
stated that a Subsection ( c ) was added to specify the methods to be used to secure the building or
structure. She noted that these sections were in the original proposed ordinance, but they were
made more specific in response to concerns raised by the Board of Realtors.
Assistant City Manager Rose reported that the third change in the ordinance was made in
Section 13-2012 regarding the installation of a fence around the perimeter of the building or
structure. She said this section stipulates that if the boarding of a vacant building fails to keep the
building secured, the owner would be required to install a minimum eight -foot high chain link fence
around the perimeter of the building, and also required specific signage. She noted that this section
was also present in the original ordinance, but was made more specific to ensure clarity.
Assistant City Manager Rose stated that the last major change in the ordinance was made
in Section 13-2021 regarding continuous abatement authority. She said this section was similar to
a provision in the high weeds ordinance that allows the city to proceed with abatement and recover
costs without further notice to the owner if the owner fails to maintain previous abatements within
one year of the Notice and Order to Abate. She said this provision applies to situations where the
vacant building has again become unsecured or contains debris, rubbish, waste, or excessive
vegetation.
Ms. Rose then asked Mr. George Oresco, zoning and code enforcement administrator, to
show photos depicting the condition of a number of unsecured vacant buildings in the area. He said
many of the buildings were either occupied by vagrants or were centers of illegal activities such as
prostitution and drug use. Thus, they posed a danger to citizens in the area. He said staff currently
addressed these problems by boarding up the buildings and trying to locate the owners. He said the
proposed vacant building ordinance was designed to help staff address these issues more
expediently.
Ms. Rose returned to provide a comparison between the existing regulations regarding vacant
buildings and the new enhancements in the proposed ordinance. First, Ms. Rose said the existing
regulations were based on chapters in the 1973 Building and Housing Standard Code, which only
addressed residential property. In contrast, she said the proposed ordinance would address
Minutes - Regular Council Meeting
May 25, 2004 - Page 10
residential and commercial property. Second, she said the existing regulations only applied to
unsafe and dangerous buildings. The proposed ordinance, on the other hand, would also address
aesthetic concerns and repairs. Third, the existing ordinance did not provide a mechanism to track
vacant properties. The proposed ordinance, on the contrary, provided for a registration process
which would allow the city to track vacant properties and increase the accountability of property
owners. Fourth, Ms. Rose said the existing regulations did not allow for the assessment of penalties
or annual fees, while the proposed ordinance would allow for fees and penalties. Fifth, the existing
regulations did not require owners to submit a timeline outlining their plans for the building, while
the proposed ordinance did require a timeline. Finally, Ms. Rose said the existing ordinance did not
provide a process for the board -up of buildings. The proposed ordinance, on the other hand,
provided specific instructions on boarding up a property with attention to aesthetics.
In conclusion, Ms. Rose stated that the existing ordinance had not been updated since 1973.
She said the proposed ordinance would allow staff to track vacant properties and aid staff in holding
owners accountable for the condition of their property.
Mr. Colmenero noted that the Council had received a number of correspondence from the
Board of Realtors regarding their concerns about the proposed ordinance. He asked if the proposed
ordinance had addressed their concerns. Ms. Rose replied that staff had spoken with the Board of
Realtors shortly after the April 13 Council meeting. She said staff reviewed their concerns and made
several adjustments to the ordinance as a result. Ms. Rose said staff met with the Board of Realtors
again and informed them of the changes made to the ordinance. She said while they appreciated
staffs efforts, the Board of Realtors did not appear to believe that the ordinance was necessary.
Mr. Colmenero stated that the proposed ordinance was badly needed, and he spoke in support
of the ordinance. He was concerned, however, that it would create enforcement issues that the city
may not have the manpower to address. City Manager Noe answered that the city was already
dealing with this problem, but did not have the adequate codes at this time to address it.
Mr. Kinnison remarked that he thought this ordinance would be applicable to the downtown
area only, since it seemed the bulk of the problem was in this area. He was concerned, however, that
the ordinance would not apply to many of the vacant buildings downtown now under the proposed
definitions. Senior Assistant City Attorney Jay Reining answered affirmatively, saying that the
ordinance would only apply to those buildings that are being boarded up. However, he said the
ordinance would be useful in addressing security, maintenance and debris issues in vacant buildings
that the existing ordinance does not. City Manager Noe added that the proposed ordinance covered
residential properties as well. Assistant City Manager Rose stated that the registration requirement
was also beneficial in making the owners more accountable for the condition of their property, and
establishing a dialogue. Mr. Oresco stated that in many instances, owners transferred the title to
a property in violation to avoid prosecution by the city. Mr. Kinnison stated that if the city were to
adopt an ordinance of this type, he wanted it to be clear that any vacant property that was being
properly maintained was not subject to this ordinance.
Mr. Scott expressed his doubts that the ordinance was necessary because the city already
seemed to have a mechanism in place to address problems with vacant buildings. City Manager Noe
replied that the city did have the ability to board up properties, but these types of measures were
only a temporary fix to secure the building. He said in many cases, the city had to repeatedly work
Minutes - Regular Council Meeting
May25,2004-Page 11
with property owners to secure their buildings without any provisions in the city code. He said the
proposed ordinance clarified what the standards were and what the property owner's responsibilities
were.
Mr. Chesney stated that he was generally reluctant to create more ordinances because he
disliked creating more government. Mr. Chesney stated that he also believed the ordinance was
primarily going to focus on the downtown area. He said there seemed to be other programs already
in place, like Operation Clean Sweep, that addressed problems with vacant buildings in residential
areas. He suggested that staff consider first trying the program in the downtown area only to see
how it worked before enforcing it citywide. City Manager Noe replied that if the Council wanted
to localize the effect in the downtown area only, then the zoning ordinance could be amended to
include the changes, eliminating the need for an city ordinance. He noted, however, that staff
believed there was a problem with vacant buildings citywide, and thus was recommending a city
ordinance. Mr. Chesney liked the registration and assessment features of the proposed ordinance.
Mr. Kelly observed that it could take up to 90 days before the city could abate a vacant
building. He thought this period was too long because a common complaint is that the city takes
too long to respond to problems. Mr. Reining replied that the city must give the property owners
due process. He said that the ordinance gives the administrators the authority to require immediate
actions if warranted. City Manager Noe added that the ordinance gives the city the authority to
abate the more significant nuisances if the owner fails to respond.
Ms. Cooper spoke against the proposed ordinance because she felt it would create severe
administrative problems for property owners. She said the requirements to submit a plan with a
timeline and pay a registration fee went beyond the scope needed to remedy the problem. She felt
the ordinance needed more work before she would be in favor of it. Mr. Noyola agreed with Ms.
Cooper that the proposed ordinance would be an unnecessary burden to property owners.
Mayor Neal asked for public comment. Mr. David Cheek with the Board of Realtors spoke
against the proposed ordinance because it created an additional level of bureaucracy, assessed
additional fees, and it violated basic property rights. He said the proposed ordinance did not address
their concerns, and he said the Board of Realtors could assist the city in creating an ordinance. The
Council then asked Mr. Cheek a number of questions. A discussion ensued regarding the role the
realtors played in addressing the problem.
Mr. Leon Loeb, 3845 Ocean Drive, spoke against the proposed ordinance, suggesting that
the city strengthen their current health and safety codes to address problems with vacant buildings.
Ms. Norma Urban with the Downtown Management District asked the Council to consider
postponing a decision on the proposed ordinance until after the DMD's board meeting on June 10
to provide more opportunities for discussion and compromise.
Mr. Cliff Atnip, 358 University, spoke against the ordinance, saying that his clients were
against the additional bureaucracy the ordinance would create. He suggested separating the
regulations for residential and commercial properties. He also suggested that the city limit the
ordinance to the downtown area since the majority of property owners there seemed to support it.
Minutes - Regular Council Meeting
May 25, 2004 - Page 12
Mr. Scott made a motion to table the proposed ordinance until June 15, seconded by Ms.
Cooper. The motion passed unanimously.
17. TABLED UNTIL JUNE 15, 2004
,StaVhSli dal IdLAI ieat1011, rL.glstidtl0n, antl ell La pruccs lelat
and strue tu,cs, and pi0�iding fur pi 3lties.
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for petitions from the audience.
There were none.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, an overview of the proposed FY 2004-2005
operating budget. City Manager Noe reviewed an outline of the major budget issues for that fiscal
year as follows: customer outreach, jobs, workforce, and infrastructure. Mr. Noe discussed each
major issue in more detail.
Regarding customer outreach, he spoke regarding the recommended funding levels for the
Livable Neighborhoods Initiative (Phase II), the One -Stop Center, Call Center, and e -Services. Mr.
Noe said the Livable Neighborhoods Initiative, comprised of the Neighborhood Improvement
Program (NIP), the Neighborhood Operation Clean-up (NOC), and the environmental court, was
initiated last year and was a great success. He said a new Neighborhood Pride program was being
added this year to serve as the sustainability phase for the NIP.
Mr. Noe reported that the One -Stop Shop was entering its second full year of operation. He
said they were now fully staffed to ensure their continuing goal to make the development process
so predictable that the city could guarantee timely and consistent service.
Mr. Noe reported on Phase II of the Customer Call Center, in which additional existing
phone numbers would be rerouted to the Call Center, enhanced training for call takers would be
conducted, and further refinements to work order software would be implemented. He said the FY
2004-2005 budget was increased by $75,485 to fund this next phase.
Finally, Mr. Noe reported on enhanced e -services, noting that in FY 2004-2005, a building
permit application would be deployed to further enhance electronic services.
Mr. Noe then discussed the city's proposed investment in jobs and economic development
through public investment and support of private initiatives. He discussed the proposed funding for
job creation, the new economic development office, the Packery Channel/Island investments, water
source development, development plans and standards, and downtown initiatives. Regarding the
development plans and standards, Mr. Noe cited the south central area development plan and
Minutes - Regular Council Meeting
May 25, 2004 - Page 13
strategic action committee, the bayfront plan, the Mustang/Padre Island area development plan and
overlay district, and the new unified development code as examples of advancements in the area.
Regarding downtown initiatives, Mr. Noe said that in addition to the bayfront plan, the city had
initiated the renewal community tax incentives, tax abatement, reduced permitting costs, drainage
improvements, "Harbor Place" concept, the American Bank Center, and Whataburger Stadium.
Third, Mr. Noe discussed the proposed investments in the city's workforce through a modest
salary increase, maintenance of health insurance coverage, and improved retirement benefits.
Specifically, he reviewed the recommended funding for Phase III of the employee
classification/compensation study, sworn personnel adjustments, health benefits enhancements, re-
engineering, and the further reduction of administrative costs.
Finally, Mr. Noe reviewed the proposed investments in infrastructure. Specifically, he
reviewed the recommended funding for Bond 2004, drainage improvements, utility improvements,
and landfill development. He said the drainage improvements were budgeted for $55 million over
five years. He said utility improvements included raw water supply projects, the southside water
transmission main, the Broadway wastewater treatment plant, and the automated meter reading
project. He noted that the landfill improvements included the closure of the J.C. Elliott landfill, and
the construction of a transfer station and development of the Cefe Valenzuela landfill.
Assistant City Manager Mark McDaniel provided an overview of the general fund. He began
by discussing the status of the following revenue sources: ad valorem tax, industrial district
contract, sales tax, franchise and related fees, administrative charges, solid waste revenue,
reimbursements/interdepartmental services, and other revenues.
Mr. McDaniel then highlighted several proposed fee adjustments. He said public safety
service fees would increase in the following areas: 911 wireline; alarm permits; (new) taxi driver
permits; sexually oriented business licenses; (new) haz mat clean up; and fire protection permits.
He said park and recreation user fees would increase in the following areas: latchkey and e -
registration. Health service fees would increase in the following areas: swimming pool and
restaurant inspections/permits; and animal bite testing. He said library fees would increase for
overdue book charges and non-resident user fees. Finally, he said fees for garage sale permits and
beach permits would increase.
Mr. McDaniel discussed the expenditures in the general fund. He first discussed a number
of budget reductions. He said the use of target budgeting was once again incorporated citywide to
control costs. In addition, he said over $513,055 in expenditures had been eliminated from the
baseline or target level funding. He also said that supplemental budget requests were not funded this
year. Mr. McDaniel stated that the practice of budgeting anticipated salary savings as an
expenditure off -set was also continued in the FY 2004-05 budget, amounting to five percent of gross
salaries in larger departments with six or more employees.
Mr. McDaniel reviewed the major expenditure increases in the FY 2004-05 budget. He first
discussed salary adjustments for civilians and sworn personnel. For civilians, Mr. McDaniel said
the proposed general fund salary adjustments attributed to the implementation of the new
classification/compensation plan was approximately $1.5 million. He said it included a 3 percent
increase for civilians effective August 1 to coincide with a health insurance premium increase.
Minutes - Regular Council Meeting
May 25, 2004 - Page 14
However, an additional increase effective December 1 will be deferred because the salary
wage/market has not increased as much as initially forecasted due to a slowing economy. For sworn
personnel, Mr. McDaniel said funding for police sworn personnel adjustments was also programmed
in the amount of $1.3 million. He said fire sworn personnel adjustments are still being negotiated
for the current year, and an additional 3 percent increase was budgeted as a reserve.
Mr. McDaniel then discussed expenditure increases in benefits adjustments. He said
health/medical insurance premiums were programmed to increase by 15 percent, 14 percent, and 19
percent respectively for civilians, fire sworn personnel, and police sworn personnel. In addition, he
said cost adjustments for the city's share of participation in TMRS would occur in January, while
the employee's contribution would increase from 5 percent to 6 percent. He said the increase for
health insurance and TMRS in the general fund were programmed respectively at $1.2 million and
$669,465.
Mr. McDaniel discussed a number of new program and program enhancements as follows:
new detention center; juvenile court restoration; additional legislative costs; ADA compliance
program; beach maintenance; and three new fire apparatus.
Finally, Mr. McDaniel provided a summary of the general fund. He said the budget was
programmed to increase by $7.96 million. The major increases accounted for $7.58 million of that
figure as follows: salary adjustments; benefit adjustments; new/enhanced/restored programs;
increase in the ambulance fund subsidy; increase in senior community services subsidy; and new
landfill debt service. He also noted that the general fund unreserved balance at the close of FY
2003-04 is projected to reach $13,328,551, surpassing the city's goal to reach an 10 percent fund
balance within five years.
Mr. McDaniel then discussed the proposed budget for the utility system. He began by
reviewing a chart depicting historical and proposed adjustments to utility rates. He also reviewed
a chart illustrating water consumption since 1999.
Mr. McDaniel proceeded to discuss major expenditures in the utility fund. He first discussed
salary and benefit adjustments. He said total personnel services for the Combined Utility System
were programmed to actually decrease by $162,746, or 1 percent. He said that amount included
reserves for implementation of the new classification/compensation plan in the amount of $729,083,
as well as skill -based pay totaling $200,000 to coincide with re-engineering efforts. Regarding re-
engineering, he said a total of $1,000,000 in expenses are anticipated for FY 2004-05
implementation of the new computerized maintenance management system (CMMS). Finally, Mr.
McDaniel reviewed a chart depicting capital improvement financing, another major expenditure.
In addition, Mr. McDaniel discussed the cost of purchased water. He stated that the city purchased
raw water from the Lavaca Natividad River Authority (LNRA), and the cost of this water has
increased over time. particularly as the city has elected to contract for more acre feet of interruptible
water. Finally, he reviewed a chart depicting the historical and projected cost of gas per unit through
the balance of the current year.
Mr. McDaniel then discussed the proposed budgets for a number of other funds, beginning
with the enterprise funds. Regarding the marina fund, he said a rate increase was being
contemplated in FY 2004-05 to fund significant marina improvements, but had not been included
Minutes - Regular Council Meeting
May 25, 2004 - Page 15
in the budget pending further feasibility review and Council consideration. Regarding the golf fund,
Mr. McDaniel said poor activity has resulted in major cost reductions and potential contracting out
of operations. The ambulance fund would see a significant increase in the general fund subsidy and
recommended rate increases. Finally, he reported that the airport fund was rebounding from a
declining trend in enplanements since a low in 2003.
Mr. McDaniel then discussed the proposed budgets for a number of special revenue funds.
Regarding the Crime Control and Prevention District, he said the highest priority has been placed
on their base programs, namely the funding of 50 officers and the Juvenile Assessment Center. The
pawn shop detail program was eliminated, and the funding for the Juvenile Court was now
programmed in the general fund because of a loss of grant funding. Regarding the hotel occupancy
tax (HOT) fund, Mr. McDaniel reported that the proposed budget included increases in Convention
and Visitors Bureau funding, an increase in beach maintenance funding, and a final accelerated
payment to the American Bowling Congress.
Regarding the visitors facility fund, he said the budget included the contracts for the arena
and convention center management to SMG and the catering to Center Plate. He noted that FY
2004-05 would mark the first year of operation for both the arena and the expanded convention
center, with the arena projected to generate a small profit after expenses. The convention center was
projected to still require a HOT fund allocation. Finally, he said the coliseum was scheduled to
conclude operations on November 1.
Regarding the TIF funds, Mr. McDaniel noted that the Reinvestment Zone No. 1 fund had
expired in the current year. He reported that continued funding for Reinvestment Zone No. 2,
otherwise known as the Packery Channel fund, was included in the budget, with another $4.5 million
in project bonds planned to be sold in early FY 2004-05 for Phase 3.
Regarding the sales and use tax funds, Mr. McDaniel reported that revenues for the seawall
improvement fund/arena facility fund were anticipated to increase by 3.5 percent. The business and
job development fund was anticipated to increase by 1.43 percent.
Finally, Mr. McDaniel reported that the development services fund was anticipated to see
an increase in building permit activity and revenue, resulting in a reduction in general fund subsidy.
Mr. McDaniel then reviewed the proposed budget for the internal service funds. He said the
risk management fund included cost and premium increases per actuary study, but was projected to
see continued positive fiscal trends. He said the municipal information systems (MIS) fund included
increases for maintenance and upgrades for enterprise systems; automated meter reading/WiFi
initiative; and Phase II of the Call Center implementation. Finally, he said the maintenance service
fund included increases for parts and fuel, and a decrease in capital.
Mr. McDaniel provided the balance of the budget schedule as follows: June 8 - general fund
overview; June 15 - enterprise funds overview; June 22 - special revenue and internal service funds
overview; July 13 - public hearing; and July 20 and July 27 - first and second reading of adoption
ordinance.
Council members asked questions regarding the ambulance fund increases, the three
Minutes - Regular Council Meeting
May 25, 2004 - Page 16
additional fire apparatus, and the golf fund. The Council also thanked staff for their efforts in
preparing the budget document. Council Member Kinnison proposed that the city consider reducing
rates to benefit the citizens if property values increase by six percent or more, pending a more
thorough discussion of the budget. Several council members concurred with his suggestion.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. City Manager Noe referred to a number
of temporary closures on Shoreline Boulevard for the Velocity Games. He reported that the Click
It or Ticket campaign began this week. He also reported that the following items were scheduled
for the June 8 agenda: Crime Control and Prevention District budget public hearing; and
consideration and discussion of the issuance of certificates of obligation for the landfill project.
Mayor Neal called for Council concerns and reports. Mayor Neal reported that the jail
contract was scheduled for consideration by the Commissioners Court on Thursday, and he invited
the Council to attend. He also announced that the Memorial Day Service at Sherrill Park was
scheduled at 10:00 a.m. on Monday, and he encouraged everyone to attend.
Ms. Cooper announced that the next town hall meeting would be hosted by Council Member
Kelly at the Northwest Senior Center on Monday, June 7 at 6:00 p.m., along with herself, Mr.
Garrett, and Mr. Chesney. She asked that a letter of appreciation be presented to Senator Hutchison
for her outstanding commitment to the Packery Channel project.
Mr. Noyola asked for a moment of silence in honor of his nephew, Matthew Marroquin, who
was killed in a car accident last weekend on Waldron Road.
Mr. Garrett asked for a schedule on mosquito spraying in the city, noting that he had received
many calls about a major problem in the Flour Bluff area.
Mr. Scott asked if the Council could begin wearing casual attire after the Memorial Day
weekend, and the Council concurred. Mr. Scott also thanked Senator Hutchison and acknowledged
local staff for their efforts in the progress of the Packery Channel project. In addition, he asked for
a status on his request that the Morningside Preservation Society be involved in the recycling effort.
Mr. Kelly announced a meeting on Thursday, May 27 at 10:00 a.m. in the Council Chambers
to discuss the recent problem with aggressive homeless individuals. He thanked the police
department and City Manager Noe for increasing the city's efforts to control the problem in the
Leopard Street area.
Mr. Colmenero echoed Mr. Kelly's sentiments, and also noted an increase in gang graffiti.
He asked for a report from the police department on the issue.
Mr. Garrett commented that he thought it was important to meet on the homeless issue, but
he emphasized that the meeting should focus on developing solutions. City Manager Noe replied
that unfortunately, the meeting time conflicted with the county's discussion on the jail contract, so
it was unlikely that some individuals would be able to attend. He said staff shared the citizens'
concerns, but was not convinced that creating a Class C misdemeanor would address the problem.
Minutia - Regular Council Meeting
May 25, 2004 - Page 17
He said the police department could not verify an actual increase in aggressive behavior by the
homeless, so he felt the recent incidents were isolated. He said staff was working with Homeless
Issues Partnership and other relevant agencies to develop a detailed plan to address homelessness
issues in the community.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:43 p.m. on May 25, 2004.
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