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HomeMy WebLinkAboutMinutes City Council - 07/13/2004I 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 July 13, 2004, which were approved by the City Council on July 20, 2004. WITNESSETH MY HAND AND SEAL, on this the 20th day of July 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 13, 2004 - 10:03 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott 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 Reverend Charles Graff of St. Luke's United Methodist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 June 29, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal called for a recess of the regular Council meeting to hold the North Padre Island Corporation Meeting. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal opened discussion on Item 21 regarding the issuance of bonds by the North Padre Island Development Corporation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025823 Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2004 Bonds in an aggregate principal amount not to exceed $4,500,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett and Kelly abstained. Mayor Neal opened discussion on Item 22 regarding the issuance and sale of utility system revenue bonds to finance major utility system improvement projects. City Secretary Chapa noted that staff was requesting to amend the ordinance in Item 22a to reflect a change in the date listed under Section 2, Sale of Bonds, from Friday, September 3, 2004 to Thursday, September 30, 2004. Director of Finance Cindy O'Brien reported that the city currently had $25 million outstanding in Minutes - Regular Council Meeting July 13, 2004 - Page 2 commercial paper notes that staff would like to refund and convert into long-term debt. In addition, Ms. O'Brien stated that since interest rates were relatively low, staff was requesting approval to issue up to $25 million for new projects instead of re -investing the dollars in the commercial paper program. Mayor Neal asked what the current interest rate was on the short-term commercial paper program staff was asking to replace. Assistant City Manager Mark McDaniel replied that it was just under two percent, and the city was expected to sell the notes for five percent. Mayor Neal asked for public comment. Mr. Abel Alonzo asked what the potential savings would be to act on this item now because of low interest rates. Ms. O'Brien replied that by issuing the additional $25 million now, the city would save on its bond issue costs by combining the two issues. She said the potential savings could be approximately $200,000 to $300,000. Mr. Bill Kopecky, 3609 Topeka, asked what the total utility system debt would be upon completion of this transaction. Mr. Mark Seale of M.E. Allison replied that the debt would be approximately $310 million upon completion of the transaction. Mayor Neal made a motion to amend Item 22a as requested by staff, seconded by Mr. Kinnison, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 025824 Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004, in an aggregate principal amount not to exceed $50,000,000. 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". 22.b. MOTION NO. 2004-257 Motion authorizing the appointment of M. E. Allison as Financial Advisor; Morgan Stanley as Senior Manager; Wells Fargo Brokerage Services as Co -Manager and McCall, Parkhurst, and Horton as Bond Counsel, for City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2004. 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 referred to Item 3 and the following board appointments were made: Minutes - Regular Council Meeting July 13, 2004 - Page 3 Cable Communications Commission Sylvia Dancer (Reappointed) C. C. Business and Job Development Corporation Dr. Rosie Bonilla (Reappointed) Robert Broadway (Reappointed) Michael Bertuzzi (Appointed) Food Service Advisory Committee Beverly A. Rogers (Appointed) Planning Commission Richard B. Smith (Reappointed) Michael Pusley (Reappointed) Fred Braselton (Appointed) Intergovernmental Commission on Drug and Alcohol Abuse Jean Newberry (Reappointed) John Marez (Appointed) Judith Sutherland (Appointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-11). Mr. Carlos Torres requested that Item 7 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 4 through 11, constituting the consent agenda, except for Item 7, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2004-252 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing, of Corpus Christi, Texas in the amount of 543,410 for the Kinney Street and Power Street Pump Stations Roof Replacement. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5. MOTION NO. 2004-253 Motion authorizing the City Manager or his designee to execute a construction contract with Excel Pump & Machine, of Corpus Christi, Texas in the amount of 594,080 for the Power Street Storm Water Pump Station Rebuild Pump No. 2. 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 July 13, 2004 - Page 4 6.a. ORDINANCE NO. 025813 Ordinance appropriating $51,734 from the unappropriated fund balance in Marina Fund No. 4700 for the Marina Boater's Facility Lawrence Street T -Head project; amending Operational Budget adopted by Ordinance 025394 by increasing appropriations by $51,734. 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". 6.b. MOTION NO. 2004-254 Motion authorizing the City Manager or his designee to execute a construction contract with Camrett Corporation, of Corpus Christi, Texas in the amount of $438,882 for the Marina Boater's Facility Lawrence Street T -Head. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2004-256 Motion authorizing the City Manager or his designee to grant a permit to Walter Oil and Gas Corporation, of Houston, Texas to drill an oil and gas well at an exceptional location, approximately six (6) miles easterly of the marina area in Corpus Christi Bay, State Tract 64, Well No. 1. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. RESOLUTION NO. 025814 Resolution approving the City of Corpus Christi, Texas, Business and Job Development Corporations's Budget for Fiscal Year 2004-2005. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting July 13, 2004 - Page 5 10. ORDINANCE NO. 025815 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Wilson Plaza Associates, LP, for the right to construct, maintain and remove a raised concrete entrance ramp with handrail approximately 5'-0" in width x 14'-0" in length x 3'-0" in height, within a City public right-of-way (sidewalk area) in the 600 block of Leopard Street; in consideration of payment of $250; and requiring the Wilson Plaza Associates, LP to comply with the specified conditions. 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". 11. ORDINANCE NO. 025816 Ordinance revising Sections 49-12 and 49-13, Code of Ordinances, eliminating the requirement for a replat upon closure or alteration of a street or an easement. 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 7 regarding a contract for an efficiency review of the Fire and EMS departments. Mr. Carlos Torres, president of the Corpus Christi Firefighters Association, expressed his concern that the city's RFI had not requested a comprehensive study. He asked that the study include the management division, training division, administration, and dispatching division of the fire department to provide a complete picture. He said he was informed this morning that one of the reasons the city was not requesting a comprehensive report was due to budget constraints. Mr. Torres stated that a comprehensive review of the fire, EMS, HAZMAT, and rescue operations was well worth the expense. As an aside, Mr. Kinnison complimented the fire department on their performance during the recent fire at the Casa de Oro Apartments. Mr. Abel Alonzo echoed Mr. Torres's statement, specifically citing concerns with overtime and lack of a fire truck. City Manager Noe replied that the report was not comprehensive, focusing on primary operating functions only because of cost constraints. He said a comprehensive study would cost $164,000, while the partial study would cost approximately $80,000. He stated, however, that the city would have the opportunity to add increments of work to the study as funding became available in the fiscal year. Mr. Noe said the partial study was still valuable because it would provide solid recommendations in those areas with the greatest costs. Mr. Noyola spoke in support of funding a comprehensive study of the fire department because it was greatly needed. He asked staff to investigate ways of funding of a full study. City Manager Noe replied that staff would have recommended a full study if there had been a funding available. He asked the Council to approve this partial study, and as the study moved forward, staff would look for opportunities in next year's budget to fund more increments of the study. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 6 7. MOTION NO. 2004-255 Motion authorizing the City Manager or his designee to execute a contract with TriData Corporation, of Arlington, Virginia in the amount of $79,316 to conduct a Fire/Emergency Medical Services Deployment and Efficiency Review of the Corpus Christi Fire Department, in accordance with the scope of work as defined within the Request for Information distributed by the City. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No". ************* Mayor Neal referred to the presentations on the day's agenda. The first presentation was on Dances with Dolphins, a public art project. Ms. Suzel Mendieta, co-chairman of the project, stated that the project's mission statement was to involve the community in a project for downtown that will celebrate the many aspects of this community's varied cultural environments through a public art project. She said the dolphins would be located in public right-of-ways and private property in the downtown area. An estimated 25-40 dolphins would be distributed throughout the downtown area from July 2004 to May 2005. In May 2005, a public auction would be held. She said half the proceeds would be donated to non-profit organizations and charities in the community, and the other half would go to Art for All, Incorporated to cover their expenses. She said any monies remaining would be donated to an art -related charity of their choice. Ms. Mendieta provided information on the artists. She said a call to artists was extended from September through November, 2003, including both local and state artists. The artists submitted their designs, the proposals were reviewed, and then selected through a juried process. She said potential sponsors could review over 100 designs and make a selection. The artists would be notified when their dolphin proposal had been chosen by a sponsor. She said each artist would receive a $1,000 honorarium. A plaque would be permanently affixed to the dolphin base with the sponsor's name and the name of the artist who designed the dolphin. The sponsorships were $3,000 per dolphin. Ms. Mendieta provided basic information on the dolphin designs. She said they were approximately seven feet long and are constructed of fiberglass. She said they would be mounted on metal poles standing approximately six to seven feet tall. In addition, she said they would be mounted in one of two different positions depending on the artist's preference. Ms. Mendieta displayed a number of photo depicting where various dolphin designs would be located in the downtown area, along with artist and sponsor information. Finally, Ms. Mendieta thanked a number of their in-kind sponsors for their support, especially the Downtown Management District. In conclusion, Ms. Mendieta introduced Ms. Monika De La Garza, who invited the Council to attend a public unveiling ceremony of the first eight dancing dolphin statues on Sunday, July 18 at 3:00 p.m. in Sherrill Park. Minutes - Regular Council Meeting July 13, 2004 - Page 7 The next presentation was a report on the "Make It Sparkle" anti -litter campaign. Director of Public Information Cheryl Soward stated that City Manager Noe had appointed a task force comprised of representatives from approximately 12 different departments to develop the anti- littering campaign. She first reported on the city's current efforts to control litter, which were quite substantial. Solid waste services provided the following services: garbage/yard waste pick-up and disposal; heavy brush pick-up/disposal; recycling pick-up and drop-off; bulky item pick-up and disposal; quarterly Cash for Trash programs; household hazardous waste events; and tire collection and disposal. The storm water department was cleaning 18,320 storm drain inlets, 115 miles of major drainage ditches, and 668 miles of minor roadside ditches. In addition, storm water had an active outreach and education program already established in area schools, the perfect vehicle for reaching students. The park and recreation department ensured that litter was removed daily from eight miles of beach, and that city parks were cleaned and mowed. The Neighborhood Initiative Program (NIP) had collected over 600 tons of trash and debris from selected areas. Environmental services worked with Beautify Corpus Christi to conduct ongoing cleanup campaigns, education, outreach, and tree plantings. Code enforcement and the police department have strengthened their efforts in citing violators. Finally, the legal and municipal court departments have joined forces to create stronger ordinances and an environmental court to prosecute violators. Ms. Soward discussed the task force's proposed solution to further improve the city's appearance. The task force determined that a combination of education and enforcement was vital to the effort. In addition, they recognized the need to stop litter at the source, and would be asking for help from residents, businesses, schools, organizations, and the media. She remarked that H -E -B has committed to increasing their trash pick-up at their stores from once to twice a day. Ms. Soward covered the different aspects of the media campaign. She said the Corpus Christi Caller -Times had produced an ad that was now running in the paper. The city had also distributed thousands of"Make It Sparkle" vehicle trash bags, replete with anti -littering tips printed on the bag, at the Fourth of July Big Bang celebration. In addition, Lamar Advertising had donated billboard advertising in various locations in the city featuring the "Make It Sparkle" message. Finally, Ms. Soward stated that the city has produced four television public service announcements (PSA) and three radio PSAs, and she played them for the Council. Ms. Soward discussed the task force's methods for measuring success as follows: number of inlets cleaned and amount of litter removed; number of citations written; reach of media campaign; visits to "Sparkle" site at www.cctexas.com; and the overall appearance of specific locations in the city. Mr. Scott asked if it would be possible to send information on the campaign to commercial utility accounts. He was especially concerned about problems with grass clippings in the storm drains. City Manager Noe replied affirmatively, adding that landscaping companies were also a source for the grass clippings. Mr. Noyola asked that staff also speak with TxDOT about being careful with their grass clippings. Mr. Scott also recognized H -E -B and the Caller -Times for their support of the anti -littering effort, as well as staff. Finally, he emphasized that enforcement was crucial to the success of the Minutes - Regular Council Meeting July 13, 2004 - Page 8 effort. Mr. Colmenero complimented the effectiveness of the Neighborhood Initiative Program (NIP), and he asked staff to further publicize their accomplishments. Ms. Soward replied that the Council would be receiving a complete report on the NIP's accomplishments in two weeks. * * * * * * * * * * * * * 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. 0504-03, Lawrence Hurt: A change of zoning from a "R -1B" One -family Dwelling District to an "AB" Professional Office District. The property is in Rolling Acres, Lot 16, located along Leopard Street and 475 feet east of Rolling Acres Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 025817 Amending the Zoning Ordinance, upon application by Lawrence Hurt by changing the zoning map in reference to Rolling Acres, Lot 16, from "R -1B" One -family Dwelling District to "AB" Professional Office 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 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. 0504-04, Asset Development Corporation: A change of zoning from a "12-1B" One -family Dwelling District to a "R -1B" One -family Dwelling District with a "PUD -2" Planned Unit Development -2. The property is in Commodore's Cove Unit 2, Block 1, Lots 94 through 105, and all of Blocks 5, 6, 7, and 8, located along the east side of Aquarius Street, north of Topsail Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1B" One -family Dwelling District with a "PUD -2" Planned Unit Development -2 subject to approved plat and eleven (11) conditions. Minutes - Regular Council Meeting July 13, 2004 - Page 9 No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 025818 Amending the Zoning Ordinance, upon application by Asset Development Corporation, by changing the zoning map in reference to Lots 94 through 105, Block 1, and all of Blocks 5, 6, 7, and 8, Commodore's Cove Unit 2, (currently zoned "R -1B" One -family Dwelling District) by granting a Planned Unit Development 2 (PUD -2) subject to the approved plat, the "Design Guide for Planning and Architecture" and eleven (11) 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 with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 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. 0504-05, Skip Butler (Butler Rental): A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District. The property is 1.024 acres out of West River Place Unit 1, Block 3, Lot 8, located west of Farm -to -Market Road 1889 and 300 feet south of Northwest Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "I-2" Light industrial District, and in lieu thereof, approval ofa Special Permit for an equipment rental facility with outside storage subject to three (3) conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 025819 Amending the Zoning Ordinance, upon application by Skip Butler (Butler Rental), by changing the zoning map in reference to 1.024 acres out of West River Place Unit 1, Block 3, Lot 8 (currently zoned "B-4" General Business District) by granting a Special Permit for an equipment rental facility with outdoor storage of associated equipment subject to three (3) 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 with the following vote: Neal, Chesney, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Garrett were absent. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the Minutes - Regular Council Meeting July 13, 2004 - Page 10 public hearing on the following zoning case: Case No. 0604-01, Manuel M. Gonzalez: A change of zoning from a "R -1B" One -family Dwelling District to a "B-4" General Business District. The property is 7.40 acres out of Paisley's Subdivision of the Hoffman Tract, Section E, Lot 9, located on the northwest corner of Greenwood Drive and West Point Road. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "B-4" General Business District, and in lieu thereof, approval ofa "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Noyola commented that this case was related to a new medical clinic on Greenwood and West Point, and he asked why the applicant's request for "B-4" zoning was being denied. Assistant Director of Development Services Michael Gunning replied that "B-4" zoning allowed for a wide range of usages, many of which would be incompatible with the surrounding neighborhoods. Thus, staff recommended the `B-1" zoning, which still allowed for the clinic usage, but better protected the surrounding neighborhoods. Mr. Gunning said the applicant agreed to the `B-1" zoning. Mr. Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 025820 Amending the Zoning Ordinance, upon application by Manuel M. Gonzalez, by changing the zoning map in reference to 7.40 acres out of Lot 9, Section E, Paisley's Subdivision of the Hoffman Tract, 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0604-02, Alma Gloria Zuniga: A change of zoning from a "R -1B" One -family Dwelling District with a "SP" Special Permit to an "AB" Professional Office District. The property is in Mathis Estates, Lot 1, located along Gollihar Road between Randall Drive and Laura Place. City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AB" Professional Office 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. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 11 18. ORDINANCE NO. 025821 Amending the Zoning Ordinance, upon application by Alma Gloria Zuniga by changing the zoning map in reference to Mathis Estates, Lot 1, from "R-1B/SP" One -family Dwelling District with a Special Permit to "AB" Professional Office 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, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 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. 0604-04, 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 24.92 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 32, Lots 16, 17, 21, 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 ofa "R -1C" One -family Dwelling District. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 025822 Amending the Zoning Ordinance, upon application by Hogan Development Co., L.P. by changing the zoning map in reference to 24.92 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 32, Lots 16, 17, 21, 22 and 23, from "F -R" Farm -Rural 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, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. * * * * * * * * * * * * * Mayor Neal deviated from the agenda, and opened discussion on Item 23 regarding the Southside Water Transmission Main project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 12 23.a. ORDINANCE NO. 025825 Ordinance appropriating $2,605,124.62 from the unappropriated fund balance, which includes interest, bond proceeds, and other miscellaneous revenues, in Water Capital Improvement Program Fund No. 4080 for the Southside Water Transmission Main Phases 4 and 4a; amending Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $2,605,124.62. 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". 23.b. MOTION NO. 2004-258 Motion authorizing the City Manager or his designee to execute a construction contract with Laughlin Thyssen, Inc., of Houston, Texas in the amount of $7,139,820 for the Southside Water Transmission Main Phases 4 and 4a. 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 Item 24 regarding the termination of the Prince Catering contract at the Oso Beach and Gabe Lozano golf courses. He asked for public comment. Mr. Bob Tittlow, 7122 Brookedge Lane, expressed his concerns about Prince Catering's operations at the Oso Beach golf course, and he spoke in support of terminating the contract. Mr. Noyola stated that he had understood staff was going to continue working with Mr. Mel Davis, the owner of Prince Catering, to address these concerns. City Manager Noe replied negatively, saying that the Council had asked staff to provide the minutes from the Greens Committee meetings covering their concerns about Prince Catering, which was done. He also said the Council had asked a representative from the Greens Committee to address the Council on the issue. He noted that Mr. Davis had not provided any additional payment since the last Council meeting. Assistant City Manager Margie Rose added that as of July 10, 2004, an additional $3,500 was due. Mr. Noyola stated that he had not heard any complaints from golfers regarding Prince Catering, except that Mr. Davis occasionally opened late. He said that the golf participation at the city golf courses had declined significantly, and he understood why Mr. Davis was having difficulty making his payments. He spoke against terminating the contract. Mr. Kelly asked how long it would take to replace Prince Catering with another company if the contract was terminated. Ms. Rose replied that the city would have to go through the RFP process to find another catering company, which could take more than three months. During the interim, Ms. Rose said the city would lease vending machines and place them at the sites. City Manager Noe added that the city would look for other ways to enhance the service in the interim, perhaps by hiring a company for a three-month contract. Ms. Rose also stated that the contract required services to terminate 60 days from the date of termination, thus reducing the period without Minutes - Regular Council Meeting July 13, 2004 - Page 13 service to one month. Mr. Chesney stated that in the future, he would like staff to have specific recommendations for a transition plan ready before recommending that the Council terminate a contract. Mr. Noyola did not believe the golfers would approve of the use of vending machines to provide food during the interim, and he asked staff to look at other alternatives. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 025826 Ordinance authorizing the City Manager or his designee to cancel (terminate) the five-year concession services lease (that commenced May 27, 2001) with Prince (Mel's) Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano Sr. Golf Center. (Tabled 6/29/04) 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 voting "No". Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Captain John Wilson with Fire Station No. 16, residing at 2799 FM 1540 in Sandia, TX, spoke regarding a billing disagreement with the city's health insurance administrator for ambulance services. Mr. Danny Noyola, 4410 Acushnet, spoke in support of increasing funding for the Neighborhood Improvement Program to expand its scope. Mr. Abel Alonzo spoke regarding a number of concerns, including change orders and the funding source for the arena and convention center projects, and the Regional Transportation Authority board appointments. Mr. Jack Gordy, 4118 Bray, spoke regarding the city's meal expenses in Fund 1020 and police actions in an incident in his home. Mr. Dennis Noble, 317 Stages Drive, spoke regarding the lack of pay raises in the current firefighters contract negotiations. Ms. Carolyn Sullivan, 1021 Barracuda, spoke regarding her concerns about the poor condition of equipment in the city's fire department. Mr. Carlos Torres, 6014 Ayers, spoke regarding several concems about the fire department, including understaffing and the budget. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 29. Executive session under Texas Government Code Section 551.071 regarding the Nueces County - City of Corpus Christi Jail Use Agreement and the City's proposed Detention and Magistration Center, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting July 13, 2004 - Page 14 30. Executive session under Texas Government Code Section 551.074 for deliberations regarding the appointment of Municipal Court Judge(s), with possible discussion and action related thereto in open session. 31. WITHDRAWN l egai ilws wOuOnuG il� tl.e.cto in ap v xuwa »i.voi lv[ acuvc.auvna • • Yvsswic mscuss.on ana acrwn rNa The Council went into executive session. The Council returned from executive session. Mr. Chesney made the following motion, seconded by Mr. Scott, and passed with the following vote: 29. MOTION NO. 2004-259 Motion to end all negotiations with Nueces County regarding the City/County jail use agreement. 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 asked City Manager Noe to write a letter to Nueces County informing them of the Council's decision and hand deliver it today. ************ Mayor Neal opened discussion on Item 25, the first reading of the FY 2004-05 budget adoption ordinance. City Manager Noe noted that Items 26 (personnel ordinance), 27 (TMRS ordinance), and 28 (proposed fees) were several implementation items also related to the budget. He announced that staff was withdrawing Item 28i, saying it would be placed on a future agenda. Assistant City Manager Mark McDaniel stated that there was consensus among the City Council at the last two budget hearings (May 25, 2004 and June 29, 2004) to incorporate adjustments related to CVB funding and garage sale permits. He said the adjustments were referenced as Amendment # la (increase in CVB funding) and Amendment # lb (elimination of the proposed garage sale permit fee), and were delineated in a schedule. He said Amendment # 1 a would be presented as three separate options for Council consideration as noted. Amendment #1b would be achieved the same way in all three options by decreasing $10,000 in salary savings from the vacant assistant city manager of administration services. Mr. McDaniel discussed each of the three options for Amendment #1a. In Option 1, Amendment #la would be achieved by decreasing the CVB's Las Carabellas (Columbus ships) contribution towards debt payment from $252,842 to $104,724, a difference of $148,118. In Option 2, the city could take a portion of the old debt for the convention center and the thermal energy storage system and decrease the current debt payment of $2,844,546 by $148,118, leaving $2,696,428. He said the debt service fund would end up paying the difference for a short-term period. He said one of the advantages of this option is that the debt expires in 2006-07, making the Minutes - Regular Council Meeting July 13, 2004 - Page 15 payments quite manageable. Finally, Mr. McDaniel described Option 3 (the General Fund option), which involved decreasing the contribution to the Art Museum of South Texas by $50,000, and decreasing the contribution to the multicultural services by $98,118, totaling $148,118. Then, on the revenue side, he said the multicultural center funding by $98,118, decreasing the Cash for Trash funding by $58,118 and decreasing the general fund contingency by $40,000. Mr. McDaniel added that the second reading for the budget adoption ordinance would be scheduled for July 29 because the certified roll would not be ready in time for the July 20 meeting. He said staff was recommended that the second reading for the fee ordinances (Items 26-28) also be delayed to July 29. Mayor Neal stated that he would like to see the CVB receive a net $250,000 in additional funding that could be applied toward promotion, especially of the new convention center and arena. Mr. Kinnison interjected that SMG was responsible for marketing the new arena and convention center and, based on their bookings, they seemed to be doing a good job. Mr. Kinnison said the question seemed to be what new efforts the CVB would take on with the augmented funding. He noted that during their last update, the CVB had introduced a new focus toward convention business. Based on his calculations, however, if the city were to attract 10 new conventions with 1,000 delegates each staying three nights, they would only add 30,000 room nights, or less than one percent of the available rooms. In the past, the city had increased funding to the CVB, but he said there had been no real gains in tourism. Mr. Kinnison said he strongly preferred that any increases in funding to the CVB be based on performance. Mr. McDaniel replied that he and CVB President/CEO Tom Galyon would be discussing the CVB's contract, which was set to expire in July 2005, and performance-based measures would be part of the conversation. Mr. Kinnison also said he was in favor of increasing CVB funding through hotel occupancy tax revenues, not general fund revenues. Mr. Kinnison also expressed his concern that the general fund budget had increased by six percent in one year. He stated that the increases were primarily driven by rising personnel costs, notably the increase in the TMRS employee contribution from 5 percent to 6 percent as a result of the police contract negotiation. Mr. Kinnison said the Council had not been aware that the increase in the TMRS contribution would create such a large financial commitment for the city. He said, however, that the Council did have the ability to change the contribution, or match, if they wished. In addition, he commented that the city had made a commitment to bring employee salaries up to market levels through the compensation study. He had asked Mr. McDaniel to run a number of scenarios altering the 3 percent raise that employees had expected this fiscal year. He concluded that he could not support a budget with this level of increased revenues and expenditures, and unfortunately, the only solution he could offer would be to decrease personnel costs either through altering employee raises or changing the TMRS contribution. He said these measures were difficult, but he felt they should be seriously considered due to the condition of the budget, and the detrimental effect the fee increases would have on the citizens. Mr. Noyola did not support altering the TMRS employee contribution or employee raises. He stated that employees insurance costs were going to increase next year, and the employees needed the raise to break even. He said he was not happy about increased fees, but he was willing to support fee increases if his constituents would see improved services. In conclusion, he said he supported the budget as presented by staff. Minutes - Regular Council Meeting July 13, 2004 - Page 16 City Manager Noe stated that the Council had made the bold commitment to tackle employee compensation issues, citing high turnover and low salaries. Mr. Noe said the city was primarily a service organization, so 70 to 75 percent of its total costs were personnel driven. The Council had committed to having employees who were well -compensated with competitive salaries and benefits. However, it was not possible to meet this goal without increasing costs. Mr. Chesney remarked that fortunately, the city was able to balance its budget this year, and thus, it was difficult to tell employees that the city could not cover salary raises. He said the Council had made a commitment to the employees, so he found it difficult to break this commitment. He understood Mr. Kinnison's concern about the increases for citizens, but he wanted to maintain employees raises. Mayor Neal stated that in 1999, the Council informed employees that they could not give employee raises due to the city's financial condition. He said the Council told employees that when times were better, the city would restore salary raises as a reward for their sacrifice. Mayor Neal was strongly against breaking this commitment because it would create a lack of trust. Ms. Cooper pointed out that the city was not raising property taxes this year, as many other cities had been forced to do because of budget problems. Citizens were experiencing higher property taxes primarily because of higher property valuations. She could not in good conscience alter employee raises, especially because employee insurance costs were rising. She said employees deserved a raise for the good work they were doing, and the proposed three percent raise was small as it was. Mr. Scott stated that he felt the CVB was producing good results. He said the CVB has provided statistics for many years indicating that their budget was not competitive with other cities. Thus, he was in favor of increasing their funding as they had requested, preferably through Option 2 presented by staff. Mr. Scott also asked for information on current employee turnover rates because he wanted to see if better compensation had positively affected the turnover rates. Finally, Mr. Scott pointed out that the increased fees for taxpayers were also paying for improved services and capital improvements, not solely personnel costs. Mr. Colmenero did not support altering employee raises. He also stated that the city needed to take steps to assist the CVB with the Las Carabelas (Columbus Ships). Mr. Kelly stated that the Council needed to keep their promise to the city employees about their pay raises. He was disappointed that the city could not offer a tax cut, however. Mr. Noe replied that a tax cut could be possible once the city receives the tax roll from the appraisal district. If revenues exceed the budget projections, then the Council had directed staff to provide the citizens with some measure of tax relief. Mr. Garrett stated that he did not support altering or delaying employee raises. He made a motion to adopt Option 2 (Amendment #la and Amendment #1b) as presented by staff in the proposed budget, seconded by Mr. Kelly, and it passed unanimously. Mayor Neal added that it was important to manage the city's funds to meet its goals. He said the community was growing, and thus, service demands were also growing. He reiterated that Minutes - Regular Council Meeting July 13, 2004 - Page 17 if the property valuations come in higher than projections, the city will reduce the tax rate. Nevertheless, he did not want to penalize employees who contributed to the growth of the community through their service delivery. He reiterated that it was important to keep the Council's promise to the employees. Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, spoke against the utility rate increases in the proposed budget. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE First Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August I, 2004, to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison voting "No"; Chesney was absent. Mayor Neal opened discussion on Item 26 regarding the compensation plan adjustments. Mr. Chapa stated that the ordinance needed to be amended to remove the wording "and providing for Compression Pay Adjustments" from the third line. Mayor Neal made a motion to amend the ordinance as presented, seconded by Ms. Cooper, and it passed unanimously. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 26. FIRST READING ORDINANCE Amending the Code of Ordinances by revising Section 39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended, and pi0v;d;LS y Adjust,uo,do, revising Section 39-304, Classified Service Defined, to add Pay Plan 1000; revising Section 39-309, Employee Coverage under the City's Primary Group Hospitalization Program for eligible employees; repealing all other ordinances, and rules, or parts of ordinances, and rules, in conflict with this ordinance. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Neal opened discussion on Item 27 regarding the TMRS rates. There were no comments from the public. Mayor Neal noted that the 2 -to -1 match included a 5.06 percent prior service rate that was a hedge against inflation, set by TMRS as determined through an actuarial study. Mr. Kinnison noted that if the city had not agreed to change the police contract, the city's contribution would have been 12.05 percent instead of 14.03 percent. City Manager Noe replied affirmatively, but noted that the difference also included a 0.3 percent increase for CPI increase for retirees. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 18 27. FIRST READING ORDINANCE Adopting Ordinance under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; establishing an effective date of January 1, 2005 for the Ordinance. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Neal opened discussion on Item 28, a series of proposed service fee increases. City Secretary Chapa stated that Item 28i had been withdrawn by staff. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 28.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and Other Refuse, regarding resource recovery fees; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.c. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Section 55-7, regarding 9-1-1 service fees; providing for penalties; and providing for an effective date of August I, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 13, 2004 - Page 19 28.d. FIRST READING ORDINANCE Revising Sections 23-57(3)(b), 6-23(j), and 19-33(b), Code of Ordinances, to increase Health Department fees relating to pool inspections, rabies testing, and food establishment health permits; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.e. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, regarding library fees; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.f. FIRST READING ORDINANCE Amending Chapter 18, Fire Prevention Code, Code of Ordinances by revising Section 18-1 (b) (12), Fee Schedule; by revising Section 18-20, Ambulance Rates; and by adding Section 18-3, Hazardous Material and Debris Clean -Up Fee; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.g. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions by adding Article VII. Dance Hall Permits; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 13, 2004 - Page 20 28.h. FIRST READING ORDINANCE Amending the Code of Ordinances, by revising Section 3 1/2-120) by increasing the permit application or renewal fee for alarm system; revising Section 57-96 by establishing taxicab driver's permit fee; revising Section 48-19 by increasing the permit fee for a sexually oriented business; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.i. WITHDRAWN bOtut1O11 .14 illznig 1 "ark, al t, 1.uiui al all L f1LLI V ILI . i'\ LL aiiu 1LL4,1LatI Vlfdl 1 CC dLL�U5LI11GlIC3, QUUIIf); 1ICw ICdlldi 1LG3 af1LL ILL * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe stated that the city was hosting the Texas Water Utilities Conference, which ended tomorrow, and he thanked the wastewater department for organizing the event. He said Operation Clean Sweep would begin on July 14 at an 8:00 a.m. kick-off event, and he recognized the solid waste services department for their participation and support. This Friday, the Human Relations 2004 Conference would be taking place at the Holiday Inn Airport. Also on Friday, July 16, a hibiscus planting ceremony would take place at 10:00 a.m. at the Small World Pre -School, 1070 NAS Drive, to mark the successful end of the Neighborhood Initiative Program in Area 5 (Flour Bluff). Mr. Noe said the July 20 council meeting agenda would include the following items: public hearing on the bayfront plan; update on Bond 2004 and final discussions; and annual presentation from the Downtown Management District. He also encouraged the Council to read the Spring 2004 edition of the Communicator, a publication of the EMA, which features a very positive cover article on Corpus Christi. Mayor Neal reported that there was apparently a young woman who was fraudulently identifying herself as his daughter, calling herself Tracy, in an attempt to obtain free services from local businesses. He wanted the public to know that his only daughter lived in California, and this woman was an impostor. He said he and his wife had received phone calls at home and he had received calls at the office complaining about the impostor's behavior. Police Chief Alvarez reported that his department has initiated an investigation and was pursuing the issue. Mayor Neal called for Council concerns and reports. Mr. Garrett expressed concern that the construction work on McArdle and Gollihar Street and Staples and Everhart Road has stopped, delaying the completion of the work. Assistant City Manager Massey replied that the city has encountered problems with the relocation of a number of telephone lines due to SBC's strike. City Manager Noe said they would provide a report. Minutes - Regular Council Meeting July 13, 2004 - Page 21 Mr. Noyola expressed his condolences to the families of Mr. Robert Shake and Ms. Pantoja, who had passed away recently. Mr. Colmenero also expressed his condolences to the Shake and Pantoja families. He asked if the construction work on Ayers Street had halted, and he asked for an update. Finally, he asked staff to see if they could identify funding for a comprehensive study of fire department operations. Ms. Cooper stated that at last night's town hall meeting, there were many complaints about the type of hot mix the city was using on the streets. She asked staff to analyze whether this hot mix was truly cost effective. City Manager Noe said staff would provide a report. She also announced that the next town hall meeting would be on August 2 at the Greenwood Senior Center. Finally, she expressed her condolences on the passing of Ms. Mary Beth Nelson. Mayor Neal called for a recess until approximately 3:00 p.m. to hold the public hearing on the proposed amendments to the city charter. * * * * * * * * * * * * * The Council returned from recess. Mayor Neal referred to Item 20a, and a motion was made, seconded, and passed to open the public hearing on the proposed amendments to the City Charter. Mayor Neal stated that there were 10 proposed amendments recommended by the Charter Revision Commission as follows: Proposition 1: Proposition 2: Proposition 3: Proposition 4: Proposition 5: Proposition 6: Proposition 7: Updating the provisions concerning initiative and referendum in order to comply with new laws and election procedures. Updating the provisions concerning city council elections, council meetings, and the mayor's veto power and recall elections in order to conform the procedures to new State laws and city council meeting dates. Increasing the compensation of city council members to $12,000 per year and of the mayor to $18,000 per year, to be effective after the next city council elections Updating the provisions concerning the approval of budgets and the expenditure of city funds in order to comply with new laws, court decisions, and accounting practices. Allowing city employees, other than managerial employees and employees in the city secretary's office, to participate in political activities; provided that, no political activities may be conducted while in uniform, on duty, or using city resources, and no coercion or retaliation is allowed. Simplifying the existing restrictions concerning city officials and employees running for other public office in order to make the current provisions easier to follow, without making any substantive changes in the restrictions. Changing the property tax cap to conform to the tax cap set by the Texas Constitution. Minutes - Regular Council Meeting July 13, 2004 - Page 22 Proposition 8: Proposition 9: Proposition 10: Allowing certain leases for the construction of boat slips and docking facilities to be for terms not more than 15 years without necessity of an election, simplifying the procedures concerning the short-term leases less than 5 years, transfers of leases, regulation of leases and approval of oil and gas leases, and updating other provisions to current State law and court decisions. Updating the provisions concerning general powers of the city in order to conform to new State laws and procedures. Changing the date of the regular city council election from the first Saturday in April to the November uniform election date in order to conduct city council elections at the same time as elections for federal and state elected officials. Mayor Neal thanked the Charter Revision Commission members for their efforts. He then asked for public comment on any of the 10 proposed amendments. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of including propositions for a independent city auditor; a proposition to have the city attorney report directly to the City Council; and expressed concems about the proposed process for initiatives and referendums (Proposition 1). Mr. Danny Noyola Jr. and Mr. Danny Noyola Sr., both residing at 4410 Acushnet, spoke in favor of placing all the propositions on the ballot so the voters could make the final decision, especially Proposition 5 and Proposition 10. Mr. J.E. O'Brien, 4130 Pompano, spoke against Proposition 3, Proposition 7, and Proposition 10. He also stated that an amendment should be added to create an internal auditor, and he spoke against the inclusion of the charter amendments in the November election. The following individuals spoke in support of Proposition 3: Rogelio Morales, 413-C Buccaneer Drive; Leo Valdez, 3434 Santa Fe; David Noyola; and Gonzalo Tamez, 1038 Pyramid. The following individuals spoke in favor of placing Proposition 5 on the ballot: Hector Villarreal, 3618 Tiger Lane; Abel Alonzo; Carolyn Moon, 4902 Calvin; Maria Gonzalez; Joan Veith, 5701 Cain Drive; an unidentified woman; Mike Chavez; Sylvia Dancer, 1902 Hudson; Rogelio Morales; Leo Valdez; Brian McCool, 834 Omaha Drive; David Noyola, 909 Marie Circle; Sara Saldive; Gonzalo Tamez; and Tony Dominguez, 2409 Cleo. Mr. Rogelio Morales also spoke in favor of placing Proposition 7 on the ballot. The following individuals spoke in support of placing Proposition 10 on the ballot: Hector Villarreal; Alma Villarreal, 5530 Crossgate; Billie Wilkerson, 910 Susan; Carolyn Moon, 4902 Calvin; Rene Saenz, 6022 Sweet Gum; Maria Gonzalez; an unidentified woman; Sylvia Dancer, 1902 Hudson; Rogelio Morales, 413-C Buccaneer; Brian McCool, 834 Omaha Drive; Judy Telge, 3553 Floyd; Jesse Molina, 4214 Leonard; and David Noyola, 909 Marie Circle. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Minutes - Regular Council Meeting July 13, 2004 - Page 23 There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:20 p.m. on July 13, 2004. * * * * * * * * * * * * *