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HomeMy WebLinkAboutMinutes City Council - 07/27/2004I 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 27, 2004, which were approved by the City Council on August 17, 2004. WITNESSETH MY HAND AND SEAL, on this the 17th day of August 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 27, 2004 - 10:04 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero (Arrived at 10:08 a.m.) Council Members: Brent Chesney Melody Cooper (Arrived at 10:05 a.m.) 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 Ed Seegar and the Pledge of Allegiance to the United States flag was led by Boy Scout Troop No. 161. 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 July 27, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Corpus Christi Downtown Management District Wayne Lundquist (Reappointed) Manuel Ugues (Reappointed) Bill Durrill (Reappointed) Wes Hoskins (Reappointed) Raymond Gignac (Reappointed) Leon Loeb (Reappointed) Liz Lomax (Appointed) Willard Hammonds II (Appointed) Les Cassidy (Appointed) Eloy Salazar (Appointed) Ana Vasquez (Appointed) * * * * * * * * * Transportation Advisory Committee Brian Clements (Appointed) Mayor Neal called for consideration of the consent agenda (Items 3-30). Mr. Bill Kopecky, 3609 Topeka, requested that Item 28 be discussed. Council members requested that Items 6, 22, 26, and 30 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 30, constituting the consent agenda, except for Items 6, 22, 26, 28, and Minutes - Regular Council Meeting July 27, 2004 - Page 2 30, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-275 Motion approving the purchase of one pickup and one heavy truck from Access Ford, Corpus Christi, Texas based on low bid meeting specifications and most advantageous bid in accordance with Bid Invitation No. BI -0112-04 for a total amount of $53,824. These vehicles will be used by the Gas Department and Animal Control and are replacements to the fleet. Funding is available in the Gas Department Operations Budget and from the FY 2003- 2004 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4. MOTION NO. 2004-276 Motion approving a supply agreement with Code Blue Police Supply, of San Antonio, Texas for soft body armor in accordance with Bid Invitation No. BI -0095-04, based on best value for an estimated annual expenditure of $119,856. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are available from the Law Enforcement Trust Fund. 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. 2004-277 Motion approving the purchase of two tractor loader backhoes from J. C. Brown, Inc., of Pharr, Texas for the total amount of $150,762.22. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). These backhoes will be used by the Gas Department. Funding is available from the FY 2003-2004 Gas Department Operations Budget and from the FY 2003-2004 Capital Outlay Budget in the Maintenance Services Fund. Both units are replacements to the fleet. 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 27, 2004 - Page 3 7. MOTION NO. 2004-279 Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI -0025-04, based on best value for an estimated annual expenditure of $1,575,706.82 of which $131,401 is budgeted in FY 2003-2004. The terms of the contracts will be for three years with options to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY 2003-2004 and requested for FY 2004- 2005. Pennco, Inc. San Felipe, Texas Hydroflourosilicic Acid $66,903 Ferrous Sulfate $578,637.50 Valley Solvents & Chemicals Corpus Christi, Texas Sodium Bisulfate Solution $242,011.82 Polydyne, Inc. Riceboro, Georgia Liquid Cationic Polymer $110,520 Sludge Dewatering Polymer $122,914.50 Bay Chemical & Supply Company Odem, Texas Liquid Ammonium Sulfate $123,200 Liquid Aluminum Sulfate $331,520 Grand Total: $1,575,706.82 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8.a. MOTION NO. 2004-280 Motion authorizing the City Manager or his designee to accept a grant in the amount of $296,692 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for Year 4. 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 27, 2004 - Page 4 8.b. ORDINANCE NO. 025854 Ordinance appropriating $296,692 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for Year 4; appropriating $24,126.75 from the No. 1061 Law Enforcement Trust Police Grants Fund; appropriating $45,534.25 from the No. 1061 ATPA Asset Seizure and Forfeiture Account and authorizing transfer of $47,168 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. 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". 9.a. MOTION NO. 2004-281 Motion authorizing the City Manager or his designee to execute an agreement with the Friends of the Corpus Christi Museum of Science and History in which the Friends agree to instruct the Corpus Christi Museum of Science and History Foundation Trustee to spend funds received from the John R. Kleespies Estate and income derived from that Estate for Museum purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.b. ORDINANCE NO. 025855 Ordinance appropriating $69,698.71 from the John R. Kleespies Estate from the Contributions and Donations Account No. 340000-1020-13490 to the Corpus Christi Museum of Science and History Foundation. 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". 10. MOTION NO. 2004-282 Motion authorizing the City Manager or his designee to execute a twelve month software maintenance agreement with Vista Solutions Group, of Round Rock, Texas in an amount not to exceed $26,208. Included in the maintenance agreement are the VisiFlow applications utilized by the Municipal Court, Finance, and Engineering Departments for electronic document archival and work flow routing. This vendor qualifies as sole source support as they are the only vendor who maintains an interface between the Municipal Court Systems CSI and VisiFlow. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Minutes - Regular Council Meeting July 27, 2004 - Page 5 Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 11. MOTION NO. 2004-283 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Contract for Professional Services with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $36,900 for a total re -stated fee of $53,100 for the University Beach Parking Access. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. MOTION NO. 2004-284 Motion authorizing the City Manager or his designee to execute Amendment No. 16 to the Contract for Professional Services with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $280,600 for the Major Storm Water Outfall project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13. MOTION NO. 2004-285 Motion authorizing the City Manager or his designee to execute a construction contract with Rycon E & C, LLC of Kingsville, Texas in the amount of $272,870 for the Wastewater Clean -Out Installation Program 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 14. MOTION NO. 2004-286 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $370,370 for the Miscellaneous Storm Water Projects 2004 -Part B Master Channel 29. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. MOTION NO. 2004-287 Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, of Beaumont, Texas in the amount of $618,455 for the Interstate Highway 37, State Highway 286 (Crosstown Expressway) and State Highway 358 (Padre Island Drive) Sanitary Sewer Cleaning and Televising. Minutes - Regular Council Meeting July 27, 2004 - Page 6 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16. MOTION NO. 2004-288 Motion authorizing the City Manager or his designee to make payment to the Port of Corpus Christi Authority in the amount of $373,344.48 for waterline adjustments and installations for the Joe Fulton Trade Corridor Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. MOTION NO. 2004-289 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $129,721.50 for the Mary Carroll Channel Improvements Phase 1. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18. ORDINANCE NO. 025856 Ordinance amending the Code of Ordinances, Chapter 53- Traffic, Section 53-250, Schedule 1, One Way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way traffic pattern on the following street sections during the school hours of Lozano Elementary; ( Westbound one-way pattern on Aztec Street between Blake Street and Osage Street; and Northbound one-way pattern on Osage Street between Aztec Street and Baldwin Boulevard); and providing for penalties. 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". 19. ORDINANCE NO. 025857 Ordinance amending the Code of Ordinances, Chapter 53- Traffic, Section 53-250, Schedule I, One Way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way traffic pattern on the following street section during the school hours of Tuloso-Midway Intermediate School; (Southbound one-way pattern on Overland Trail between Oregon Trail and Goodnight -Loving Trail); and providing for penalties. 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". Minutes - Regular Council Meeting July 27, 2004 - Page 7 20.a. MOTION NO. 2004-290 Motion approving the reimbursement application submitted by Fellowship of Oso Creek, Owner and Developer of Lots 14, 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tract for the installation of 1,971 linear feet of a 12 -inch PVC water distribution main. 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". 20.b. ORDINANCE NO. 025858 Ordinance appropriating $51,568.60 from the Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 1,971 linear feet of a 12 -inch PVC water distribution main to develop Lots 14, 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tract. 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". 21. RESOLUTION NO. 025859 Resolution authorizing the City Manager or his designee to execute all necessary documents for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2004-2005 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 23. ORDINANCE NO. 025861 Ordinance rescinding Ordinance No. 024911 which appropriated $75,000 in the No. 3530 Street Capital Improvement Program Fund from the Regional Transportation Authority to construct a Bus Passenger Facility in association with the Arcadia Lift Station Improvements; amending the FY 2003-2004 Capital Budget adopted by Ordinance No. 025467 by decreasing appropriations by $75,000. 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 Minutes - Regular Council Meeting July 27, 2004 - Page 8 Scott, voting "Aye". 24. ORDINANCE NO. 025862 Ordinance appropriating $160,004.87 from paving assessments in the No. 3530 Street Capital Projects Fund to reimburse collection activity associated with voluntary paving assessment program, amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $160,004.87. 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". 25. ORDINANCE NO. 025863 Ordinance appropriating 5134, 277.96 from interest earnings and bond proceeds in the No. 4241 Wastewater 1995 Capital Improvement Program Fund for wastewater project expenditures; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $134,277.96. 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". 27. ORDINANCE NO. 025865 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. (First Reading - 7/13/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison voting "No". 29.a. MOTION NO. 2004-292 Motion to amend prior to second reading the 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 Minutes - Regular Council Meeting July 27, 2004 - Page 9 which passed on first reading on July 13, 2004, by revising the table in Section 2, Section 21- 41 (e)(2). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 29.b. ORDINANCE NO. 025867 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. (First Reading - 7/13/04) 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 6 regarding the purchase of a number of vehicles. Mr. Noyola asked if it was the city's practice to use CDBG funds for the purchase of vehicles, expressing his concern that CDBG funds were being used for administrative expenses, not programs. City Manager Noe replied that the general fund does not provide financial support for CDBG programs. If the program needed a vehicle, then the funding would have to come from the CDBG. He said this use was allowable since the vehicle would be used exclusively by the Neighborhood Services division in relation to CDBG projects. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2004-278 Motion approving the purchase ofthree pickup trucks and one minivan from Philpott Motors, of Nederland, Texas for the total amount of $90,546. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). These vehicles will be used by the Gas Department, Solid Waste, Beach Operations and Neighborhood Services. Funding is available from the FY 2003-2004 Gas Department Operations Budget, Beach Operations Budget, the Community Development Block Grant General Administration Grant and the Texas Commission on Environmental Quality/Solid Waste Grant. One unit is a replacement and three are additions to the fleet. 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 22 regarding financing for a health facility. In response to Mr. Kelly's question, Director of Finance Cindy O'Brien replied that the City of Hubbard, Texas was refinancing the existing Bokencamp Children's Treatment Center, a mental health facility located in Corpus Christi. She said that state law required the jurisdiction in which the facility was located to approve the financing. She confirmed that the city was not incurring any liability or responsibility in the matter. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 27, 2004 - Page 10 22. RESOLUTION NO. 025860 Resolution approving the financing by the HFDC of Central Texas, Inc. of a health facility located within the City of Corpus Christi, Texas. The foregoing resolution 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 26 regarding fee changes for the latchkey and golf programs. Mr. Noyola said he understood that there would be no additional fees related to the golf program. City Manager Noe replied that the only fee being added was for the regular monthly card as discussed. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 025864 Resolution authorizing increased Park and Recreation latchkey fees and adding new golf fees for Fiscal Year 2004-2005; and providing for an effective date of August 1, 2004. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. Mayor Neal opened discussion on Item 28 regarding utility rates. Mr. Bill Kopecky, 3609 Topeka, spoke against the proposed utility rate increases. 28.a. MOTION NO. 2004-291 Motion to amend prior to second reading the 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, which passed on first reading on July 13, 2004, by amending the I. C. L. Wastewater Rates, Section 1, Section 55-100 (a). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 28.b. ORDINANCE NO. 025866 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. (First Reading - 7/13/04) Minutes - Regular Council Meeting July 27, 2004 - Page 11 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 30 regarding a number of fee increases and/or new proposed fees that support the FY 2004-2005 budget. He asked about a proposed tipping rate increase, from $26.50 to $29.17, for commercial haulers. He asked to whom this fee would apply. Assistant City Manager Ron Massey replied that the fee would apply to a large number of commercial haulers who did not have a put -or -pay contract with the city. Mayor Neal asked how much additional revenue would be generated from the fee increase. Assistant City Manager Massey replied that $106,000 would be generated. Mayor Neal expressed his concern that this fee increase might be seen as a punitive charge against a particular company. City Manager Noe replied that the largest commercial company without a put -or -pay contract was C.C. Disposal. He said staff had met with representatives from the company and their attorney, Mr. John Bell, recently, and he was optimistic that they would sign a put -or -pay contract as well. The Council then asked several other questions about solid waste fees. City Secretary Chapa polled the Council for their votes as follows: 30.a. ORDINANCE NO. 025868 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. (First Reading - 7/13/04) 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". 30.b. ORDINANCE NO. 025869 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. (First Reading - 7/13/04) 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". 30.c. ORDINANCE NO. 025870 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. (First Reading - 7/13/04) 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 Minutes - Regular Council Meeting July 27, 2004 - Page 12 Scott, voting "Aye". 30.d. ORDINANCE NO. 025871 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. (First Reading - 7/13/04) 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". 30.e. ORDINANCE NO. 025872 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. (First Reading - 7/13/04) 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". 30.1 ORDINANCE NO. 025873 Amending the Code of Ordinances, by revising Section 3 1/2-12(j) 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. (First Reading - 7/13/04) 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". In response to Mr. Kopecky's previously stated concern about the increase in utility rates, Mayor Neal noted that the Council had approved a number of increases in utility rates as a way to fund utility service improvements. Mr. Kinnison added that the Council Audit Committee performed an ongoing review of the utility rate model and its assumptions to ensure its soundness. Minutes - Regular Council Meeting July 27, 2004 - Page 13 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 31, a consideration of an appeal filed by Antonio Fuentes, Jr. of a Building Standard Board decision to require demolition of the structure located at Ext. to S. End 1, 2, and 3 of Block 9, commonly known as 1709 Coleman. Mr. Tony Fuentes, 2522 Terrace Street, stated that his family had owned the said property for many years, but the neighborhood had significantly declined over the years, leading to problems with vandalism and graffiti. He said his job required him to travel extensively, so he was unable to properly care for the property. He asked for a 90 -day extension to allow him to renovate the property and then sell it to another family member. Mr. Michael Hernandez, property advisor with the code enforcement division, provided a brief chronology of staffs actions on the case. On June 9, 2003, staff conducted a substandard structure investigation and survey. On June 13, 2003, a notice was sent to the property owner regarding the substandard conditions including a detailed list of necessary repairs. On May 7, 2004, a notice was sent to the property owner informing them that the case was being submitted to the Building Standards Board for a hearing. On May 27, 2004, the Building Standards Board conducted a hearing and ordered demolition of the property based on the condition of the structure. On June 5, 2004, a notice was sent to the property owner informing them of the board's decision, with excerpts of the minutes from the proceedings. Finally, on June 18, 2004, the property owner submitted a request for an appeal. Mr. Hernandez concluded that it was staffs position that due to the serious deterioration and poor maintenance of the facility, the property should be demolished. Mr. Colmenero pointed out that the cost of renovating the building would be substantially higher now because of the new, stricter building codes the city has recently adopted. He commented that it might be more cost effective to tear the building down and rebuild it rather than renovate it. He concluded that he was in favor of granting the 90 -day extension, but stressed that this was the last chance he would give Mr. Fuentes to renovate the building. Mr. Kelly asked Mr. Fuentes why he waited so long to address the problems with building, pointing out that the city had sent him several notices. Mr. Fuentes said he meant to take action sooner, but failed to look for a buyer. Mr. Kelly asked if Mr. Fuentes had received any estimates for the repairs. Mr. Fuentes replied negatively, saying he wanted to see what the Council's action would be first, but he thought the repairs would cost between $4,000 to $6,000. Mr. Kelly stated that it was highly unlikely that the building could be renovated for that amount. He did not feel a 90 -day extension would do anything to improve the situation since Mr. Fuentes had not provided a specific plan today to prove otherwise. He sympathized with Mr. Fuentes's wish to keep the property in the family, but he did not wish to subject the neighborhood to the dilapidated building any longer. Mr. Scott asked how much money the city had spent to address the problems with Mr. Fuentes's property, e.g. boarding it up and mowing the lawn. City Manager Noe replied that he did not have a set amount, but he said staff had spent a considerable amount of time and effort over the past fourteen months to reach this point. Mr. Scott noted that the city's efforts to remedy the situation were at the taxpayers's expense. He said he did not support a 90 -day extension unless Mr. Fuentes was willing to reimburse the taxpayers for these expenses. Minutes - Regular Council Meeting July 27, 2004 - Page 14 Mr. Noyola said he was willing to grant Mr. Fuentes a 90 -day extension, but he asked Mr. Fuentes to reimburse the city for their expenses. Ms. Cooper spoke against granting the 90 -day cxtension. Mayor Neal asked for public comment. Mr. David Noyola, 909 Marie Circle, and Mr. Abel Alonzo, 1701 Thames, expressed their concern that the Council was showing preferential treatment to business owners over everyday citizens in these types of cases. Mr. Kelly made a motion to deny the appeal filed by Antonio Fuentes Jr., seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: 31. MOTION NO. 2004-293 Motion to deny the appeal filed by Antonio Fuentes Jr. of a Building Standard Board decision to require demolition of the structure located at Ext. to S. End 1, 2, and 3 of Block 9, commonly known as 1709 Coleman Street 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 Item 33a, and a motion was made, seconded and passed to open the public hearing on the following item: 33.a. Public hearing to consider abandoning and vacating a 43,432 -square foot portion of an undeveloped 20 -foot wide dedicated public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (south of Wooldridge Road approximately one mile east of Rodd Field Road unsurfaced roadway). No one appeared in opposition to vacating and abandoning the dedicated public right-of-way. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 33.b. ORDINANCE NO. 025874 Ordinance abandoning and vacating a 43,432 -square foot portion of an undeveloped 20 -foot wide dedicated public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (south of Wooldridge Road approximately one mile east of Rodd Field Road unsurfaced roadway); subject to owner's compliance 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". Minutes - Regular Council Meeting July 27, 2004 - Page 15 * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was a quarterly report from the Economic Development Corporation (EDC). Mr. Ron Kitchens, President and CEO of the EDC, first reviewed the city's cost of living index compared with the national average. The national average COLA score was 100 and Corpus Christi scored 90.9, the lowest score among 18 major U.S. cities. Regarding income growth, Mr. Kitchens said that among other major Texas cities, Corpus Christi has surpassed them in income growth since 2002. Among 18 other mid-size cities in the nation, Corpus Christi was one of only four cities to show positive income growth since 2002. With regard to job growth, Mr. Kitchens said Corpus Christi ranked fourth out of 18 major U.S. cities in positive job growth between 2002 and 2004. Mr. Kitchens reported that the city ranked sixth out of 18 major cities for the lowest cost of doing business. Regarding housing costs, Mr. Kitchens reported that the median home price in Corpus Christi has risen nine percent between 2002 and 2003, from $93,100 to $101,400. New home construction increased by 18.6 percent during the same period, from 978 to 1,160. Existing home sales increased by 10.9 percent, from 3,770 in 2002 to 4,183 in 2003. Single family home building permits have increased by 76 percent between 1999 and 2003. Finally, Mr. Kitchens discussed apartment occupancy rates for major cities, noting that Corpus Christi had 97 percent occupancy rates. Mr. Kitchens stated that Corpus Christi ranked third among the top 20 U.S. industrial cities for the most active industrial cities in the nation by project count. Regarding job creation, Mr. Kitchens provided a list of companies that had announced new jobs in 2003-2004. Of the job growth reported during this time period, he said 80 percent was from existing companies and 20 percent was from relocated companies. Of the new jobs, 2,746 were primary jobs and 3,295 were secondary jobs for a total of 6,041 net new jobs. Mr. Kitchens provided a number of statistics regarding the return on investment for these new companies. He said the rate of return on the community's investment was 8421 %, with a cost benefit ratio of 1 to 84.21. The estimated additional annual public revenue projections generated over a ten- year period was $101,053,633. Since the EDC's inception in 2000, Mr. Kitchens reported that 34,837 new jobs (primary and secondary) have been created; $1,160,530,833 in new annual salaries; and $4,744,065,000 in new investment in the community. He said the EDC's rate of return on the community's investment was 3,886 percent, and the cost -benefit ratio was 1 to 38.86. Finally, Mr. Kitchens then discussed a number of national media reports highlighting the city's recent achievements. Forbes Magazine, for example, named Corpus Christi as one of the top 20 cities in America for affordable housing (May 2003), and Money Magazine named the city as Minutes - Regular Council Meeting July 27, 2004 - Page 16 one of the best places to live on the coast (June 2004). Mr. Kitchens said the EDC worked diligently to inform these publications about the city's achievements, but noted that the publications wouldn't run the stories if they weren't news. Mr. Kitchens concluded that contrary to the negativism that often pervades the city about the economy, the EDC believed the city had made significant strides. Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about cable franchise fees and inadequate funding for the public access channel. Mr. Danny Noyola, 4410 Acushnet, spoke regarding the re -use of the coliseum as a memorial for veterans, and also asked the city to increase funding for the neighborhood improvement project. Mr. Wayne Hodge with the Corpus Christi Police Officers Association, 3626 Rodwood, spoke regarding his concerns about the impending shortage ofpolice officers. Mr. Joe O'Brien, 4130 Pompano, spoke regarding tax reductions. Mr. Rudy Medina, 5413 Cain, spoke regarding a problem he encountered at the local landfill involving his proof of identification. Mr. Rolando Garza, 2854 Alvin Drive, spoke regarding inadequate funding for the public access channel. Mr. Jerome Bradford, 4805 Hamlett Drive, spoke regarding an incident involving the inappropriate conduct of police officers toward Mr. Charles Tryon and Mr. George Hodge, and also spoke regarding problems with the police experienced by Ms. Deborah Sutton. Mr. Carlos Torres, 6014 Ayers, spoke regarding a number of fire department issues. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 36 regarding the Corpus Christi Business and Job Development Corporation. Assistant City Manager Mark McDaniel provided a brief history on the formation of a proposed community-based collaboration to assist small businesses, funded by a $200,000 Corpus Christi Business and Job Development (4A Board) allocation. He said staff met with an informal small business roundtable, including membership from all the local chambers of commerce and a number of business associations (e.g. Westside, Northwest and Padre Island). He said staff asked these organizations what services were missing in the community to assist small businesses. The roundtable participants cited the following two services: a business loan program for unbankable business owners; and enhanced business assistance services, including business counseling, financial planning, and accounting. Mr. McDaniel said that there were several organizations that currently assisted small businesses in the community, including the city's Business Resource Center (BRC) funded through the CDBG program, Del Mar College's Small Business Development Center (SBDC) and PTAC, but the services were somewhat disjointed. Staff looked for a way to combine the resources of these groups to provide enhanced business assistance services. As a result, Mr. McDaniel said on August 17, staff would present the Council with a contract with Del Mar College to serve as the city's Business Resource Center for less money than the city was currently spending, yet would provide enhanced services. Minutes - Regular Council Meeting July 27, 2004 - Page 17 Mr. McDaniel said the Del Mar College contract would provide a number of enhanced services including enhanced outreach to historically underutilized businesses (HUB), legal assistance, and unbankable business direct loan access. Regarding the enhanced outreach to HUBs, he reported that as part of their contract, the city was asking the partnership to pay for a staff member (at least 30 hours a week) to be located in the Hispanic Chamber. In addition, he said the contract would require an allocation for consistent legal assistance regarding issues like review of contract. Finally, the contract would require two offices for a proposed loan program. Mr. McDaniel concluded if the board approved staffs recommendations, the BRC would relocate to Del Mar College, and subsequently would offer these enhanced services, house a number of tenants without rent payments, provide legal services, provide for outreach personnel in the Hispanic Chamber, and two offices for the proposed loan program. Mr. McDaniel then reviewed the action items before the Council today. Approval of the first item would amend the 4A Board's guidelines and criteria for granting business incentives to define small businesses as employers with 49 or less employees. The second item was a contract between the 4A Board and ACCION Texas Inc., the proposed business direct loan access program. Finally, the third item was an agreement between the City and the Board to allow the city to implement and administer the program on the board's behalf. Mr. McDaniel then reported on a survey conducted by the Texas A&M University at Corpus Christi College of Business polling approximately 1,200 businesses in the Renewal Community. The results of the survey were as follows: 46.4% were interested in business loans; 56.6% interested in access to business loans have been in operation for five years or more; 90.2% of businesses interested in access to business loans have less than 30 employees; and 65% of businesses are planning expansions. Mr. McDaniel introduced Ms. Janie Barrera with ACCION Texas, the proposed loan program company. Ms. Barrera stated that ACCION Texas proposed originating $3.5 million in loans to approximately 290 clients in the Corpus Christi area, creating 70 new permanent full-time jobs. She said every $100,000 in local investment created nine new permanent full-time jobs and provided $454,892 in business loans to 96 clients. Ms. Barrera provided more information on ACCION Texas. She stated that ACCION was a not-for-profit statewide loan fund committed to empowering diverse individuals and small businesses with limited access to traditional sources of credit. She said they strived to be a sustainable organization that contributes to the economic development of Texas by providing microloans and other services to their clients. Started in 1994, ACCION began with a $50,000 operational grant, a $125,000 loan for lending, and three full-time employees. Today, ACCION has 1,697 active clients, has disbursed $27,429,077, made 5,398 in loans with a default rate of less than 6 percent, has an active portfolio of $8,150,826, and 29 full-time employees. She said their average loan size is $5,113. Ms. Barrera reported that ACCION Texas has offices in San Antonio, McAllen, Houston, Dallas, Brownsville, Austin, and El Paso. She said the San Antonio office was in charge of the underwriting, the accounting, and the collections for all the locations. Full-time loan officers were placed in each city to work with the customers and then forward the information to San Antonio for Minutes - Regular Council Meeting July 27, 2004 - Page 18 processing. Ms. Barrera reported that ACCION currently had a number of loans in Corpus Christi through referrals from the SBDC. Ms. Barrera provided a list of services provided by ACCION Texas as follows: networking; service referral; establish credit; loans; and auto loans. She said the agency provides assistance to small businesses that fall just beneath bank guidelines and also helps business owners with weak credit and a good capacity to pay loans. In addition, Ms. Barrera said ACCION Texas worked fast, saying that the loan decision and disbursement process took between 10-15 days after the loan interview and after the customer had returned all required information. Ms. Barrera briefly reviewed the results of a study measuring the economic impact of the ACCION Texas program. Of the $22.2 million they have disbursed in loans since their inception, the majority of the money has gone to San Antonio ($8.7 million), followed by the rest of Texas ($2.8 million), Rio Grande Valley ($2.7 million), El Paso ($2.5 million), Houston ($2 million), and Austin ($1.5 million). Mr. McDaniel then covered the proposed budget for the Corpus Christi ACCION office. It was a three-year budget (one year with two renewable one-year options), with the goal to become more self-sustaining over time. He said the 4A Board had unanimously endorsed the program, agreeing to contribute $200,000 in 4A funds to cover the loan loss reserve requirement ($50,000) and the interest rate buy -down program ($150,000). Even with the 4A board's contribution, Mr. McDaniel stated that the operation would need $72,722 in additional funds. He said, however, that a number of financial partners have come forward to make up the difference, most notably the Christus Foundation. The foundation had made a $600,000 contribution, $200,000 of which will go toward the Corpus Christi ACCION operation. Mr. McDaniel covered the proposed implementation schedule. On August 3, Del Mar College would consider the SBDC/PTAC contract with the city. On August 17, the City Council would consider the Del Mar College SBDC/PTAC contract. On September 1, 2004, ACCION would be open for business at the City of Corpus Christi Business Resource Center at SPID. Finally, on March 15, 2005, the center would move to Del Mar College. Mayor Neal asked for public comment. Ms. Sylvia Ford with Frost Bank, Mr. Sean Smith with PTAC, and Mr. Joe Cisneros with the Hispanic Chamber of Commerce, spoke in support of the ACCION Texas program. City Secretary Chapa polled the Council for their votes as follows: 36.a. RESOLUTION NO. 025875 Resolution approving amendment to the Corpus Christi Business and Job Development Corporation's Guidelines and Criteria for Granting Business Incentives to define small businesses as employers with 49 or less employees. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 36.b. RESOLUTION NO. 025876 Minutes - Regular Council Meeting July 27, 2004 - Page 19 Resolution approving the Corpus Christi Business and Job Development Corporation's contract with ACCION Texas, Inc. for $200,000 from the Business and Job Development Fund No. 1140 to implement a small business loan program for unbankable businesses and offering loans up to $50,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 36.c. RESOLUTION NO. 025877 Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation ("Corporation") regarding implementation and administration of the agreement between the Corporation and ACCION Texas, Inc. The foregoing resolution 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 32, and a motion was made, seconded, and passed to open a public hearing on the proposed Bond Issue 2004 program. City Manager Noe announced that the five proposed packages were available to the public. He said the city would provide several opportunities over the next several weeks for public comment, including an electronic town hall meeting on August 4 at 6:00 p.m. Mr. Rocco Montesano, representing the U.S.S. Lexington, expressed his concern that projects for the Corpus Christi Beach area were not a priority in the proposed bond issue. Mr. Carlos Torres, 6014 Ayers, asked questions regarding the police and fire training facility and the Southside fire station. A motion was made, seconded, and passed to close the public hearing. Mayor Neal asked for the remainder of the bond issue calendar. City Manager Noe replied that the schedule called for the Council to make a decision on the bond projects at the August 17 meeting, and on the August 24 meeting, they would be asked to adopt the ordinance calling the election. Mr. Scott stated that constituents in the Flour Bluff area had told him that Waldron Road was their highest priority, noting that this project was not included in Options 3 and 4. He also asked what staff's position was on the NAS Acuz Road realignment. City Manager Noe said he would provide information in writing. Minutes - Regular Council Meeting July 27, 2004 - Page 20 Mr. Scott also asked if the street portion of the bayfront project had to be included with the other street projects. He said he would like to see the bayfront project segregated from the other proposed projects. City Manager Noe replied that Mr. Jeff Leuschel, the city's bond counsel, would be at the next council meeting to advise them on any legal issue pertaining to the bond issue. He said, however, that he understood that all street projects had to be grouped together, so the street projects for the bayfront plan could not be segregated. Mr. Scott stated that he wished to see the bayfront project in the bond issue, but not at the expense of the Waldron Road project. Mr. Kinnison asked staff to include a town hall meeting on the south side of town, perhaps on August 9. He also stated that he preferred not to segregate any of the projects, keeping like projects with like projects. Mr. Colmenero agreed that "like" projects should remain with "like" projects. He also asked for more information on ADA projects and on the allocation for the Corpus Christi Beach project. Mr. Noyola stated that he understood the plan was to hold public meetings in a neighborhood in each district. Staffs current plan was to hold public meetings with different business associations or at city board meetings. City Manager Noe replied that staff could add more meetings. Mayor Neal added that each council member could choose a date and place to hold a meeting. Mr. Noyola also commented that he would like to see the street improvements for the Bayfront Plan separated from the other street projects. His constituents also indicated to him that they would like to have the park and recreation improvements for the golf and sports complex in the bond issue. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 42. Executive session under Texas Government Code Section 551.071 regarding Robert Partney, et al v. City of Corpus Christi, Civil Action No. C-03-153, in United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 43. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 44. Executive session under Texas Government Code Section 551.087 for deliberations regarding economic development negotiations, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 42. MOTION NO. 2004-298 Motion to amend the professional services agreement with Denton, Navarro, Rocha, and Bernal in the amount of $30,000.00 for legal services regarding Robert Partney et al v. the Minutes - Regular Council Meeting July 27, 2004 - Page 21 City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 43. MOTION NO. 2004-299 Motion to amend the professional services agreement with Denton, Navarro, Rocha, and Bernal in the amount of 550,000.00 for fire collective bargaining negotiations. The foregoing motion 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 35, a presentation updating the Council on the development of the state school property. Assistant Director of Park and Recreation David Ondrias stated that the property was bordered by Greenwood Drive, Horne Road and Airport Road. He said the total amount of property acquired by the Industrial Development Corporation was 91.7 acres, 40 acres of which is undeveloped and is included in the parks master plan. Mr. Ondrias provided a brief history regarding the site. In 1966, he said the State of Texas gave the city permission to operate a "Little League Baseball Project and do other things of a recreational nature". In 1989, CDBG funds were awarded to four youth leagues; the city also subleased part of the tract for fields. In 1999, the Corpus Christi Industrial Development Corporation purchased a 91.7 acre tract from the State of Texas using CDBG funds. Finally, in 2002, he said the parks master plan included development of a "State School Sports Complex". Mr. Ondrias displayed a map showing the current usage of the park by the following groups: International Westside Baseball League; Sparkling City Girls Fastpitch; Universal Little League; and the Westside Pony Baseball League. Mr. Ondrias then displayed a slide depicting the master plan for parks, highlighting the improvements for the state school sports field. He said the improvements included a new parking area, playscape, adult soccer field, junior soccer field, picnic pavilion, and horseshoe pit. Mr. Ondrias briefly discussed a number of funding options for the development of the state school property, including the current bond program, a Texas Parks & Wildlife matching grant, CDBG funding, and private contributions. Mr. Colmenero and Mr. Noyola spoke in support of developing the property, noting the need for quality soccer fields in the city. * * * * * * * * * * * * * Minutes - Regular Council Meeting July 27, 2004 - Page 22 Mayor Neal opened discussion on Item 39 regarding proposed increased and new marina fees for FY 2004-2005. Assistant City Manager Margie Rose stated that the park and recreation department, with the assistance of the budget and engineering departments, developed a proposed plan for the construction of new boat slips on the Peoples Street T -Head. She said staff was recommending monthly slip rental fee increases for the pleasure craft and commercial craft to pay for the construction of the recommended new boat slips. Ms. Rose said the proposed development of the Peoples Street T -head had six different construction components with project costs for each component. She said staff's goal today was to describe the project improvements, in conjunction with the marina fee increases, in more detail, provide staffs recommendation, and provide the Water Advisory Committee's recommendation, which differed from staffs recommendation. Mr. Peter Davidson, marina superintendent, briefly covered the estimated project costs for each of the following phases: Phase I - Dock E, Commercial and Boater Facility - $1,882,000; Phase II - Dock F - $800,000; Phase III - Dock G - $850,000; Phase IV - Dock H - $700,000; Phase V - Peoples Street Pier - $726,000; and Phase VI - Seafood Market - $1,425,000. The overall project cost for Phases 1 -VI was estimated at $6,383,000. Mr. Davidson stated that staff determined that if the city wished to complete the project in different phases based on the above estimates, the following boat slips would be constructed: Phases I -III- 118 boat slips- $3,532,000; Phases 1 -IV - 172 boat slips - $4,232,000; and Phases I -VI - 202 boat slips - $6,383,000. Mr. Davidson said staff's recommendation was to proceed with Phases I -III with an estimated cost of $3,532,000 and a slip rental fee increase for commercial boats of 35 percent and recreational boats of 35 percent for the following reasons: the increase would allow the city to construct an additional 118 boat slips; the increase would allow the city to construct the new boat slips in phases; and the city would be able to see if the boat slips were leased before moving to the next phase. Mr. Davidson reviewed the revenue projections for Phases I -III. The proposed fee increase for this plan was 35 percent for commercial and recreational boats, and this increase was projected to generate $274,795 in new revenues. He said the annual debt service to build Phases I -III was estimated to be $3,532,000. The Water Shore Advisory Committee, by contrast, recommended the construction of Phases I-IV with an additional 172 boat slips. This phasing is estimated to cost $4,232,000 with a slip rental fee increase for commercial boats of 35 percent and recreational boat increase of 50 percent. Mr. Chesney understood that the Water Shore Advisory Committee recommended increasing the marina rates by 21 percent some time ago. He asked why staff had not brought it before the Council until now. City Manager Noe replied that upon review, the 21 percent recommendation would not have been viable. According to the city code, rental rates were set by the department subject to the approval of the city manager. New fees or fee increases that exceeded 25 percent were subject to the Council's approval by motion or resolution. He said staff's recommendation made sense from technical and engineering standpoints. City Manager Noe also stated that the marina was Minutes - Regular Council Meeting July 27, 2004 - Page 23 a part of the bayfront plan, and his concern had been that the plan to create more boat slips was consistent with the final bayfront plan. He said bringing the marina plan forward before the bayfront plan had been finalized didn't seem prudent. Mr. Chesney asked Mr. Noe to explain how the proposed increase had gone from 21 percent to 35 percent and/or 50 percent. Mr. Noe replied that capital costs have risen substantially due to necessary design changes to make the project viable. Mr. Chesney also asked how staff knew that adding 118 boat slips would be viable. Mr. Davidson replied that there were currently 200 people on the boat slip waiting list. If staff were to cut this number by 50 percent to provide a conservative estimate, they believed they could fill at least 100 slips in six months. He also said the city had approximately 800 visiting boats each year that would also use the spaces. Mr. Kinnison asked how long it would take to complete Phases 1 -III. City Engineer Escobar replied that it would take approximately 18 months. Each additional phase would take approximately nine months. Mayor Neal asked for public comment. Mr. Barry Brown, 4270 Ocean Drive #5, spoke against the Water Shore Advisory Committee's recommendation of a 50 percent increase. He was concerned that the city was trying to attract "megayachts" at the expense of smaller boats. Thus, he recommended implementing Phases I and II only, requiring a fee increase of 20 percent which most small boat owners could afford. He said this plan would generate new revenues of $181,000, according to his projections. The following individuals spoke against the proposed fee increases: Mr. Andy Feegan of Portland, Texas; Ms. Catherine Connolly, 911 S. Water; and an unidentified gentleman. Water Shore Advisory Committee Chairman Roy Pell, 5022 Rasputin Court, spoke in favor of the Water Shore Advisory Committee's recommendation. Mayor Neal spoke in support of staffs plan because it would fund major improvements, enhance the marina's long-term viability, and attract large -boat owners. Mr. Kelly made a motion to adopt staffs recommendation of a 35 percent marina fee increase to implement Phases I -III, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: 39. RESOLUTION NO. 025879 Resolution authorizing increased and new Park and Recreation Marina Fees for Fiscal Year 2004-2005; and providing for effective date of August 1, 2004. The foregoing resolution 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 37.a. regarding an amendment to the second reading of the budget ordinance. City Manager Noe stated that the amendments reflected the adjustments recommended as part of the city's cost allocation plan. He said the plan also included a one -cent decrease in the property tax as part of Item 38. -v Minutes - Regular Council Meeting July 27, 2004 - Page 24 Mr. McDaniel added that staff had received the rollback rates. He said the indications were that the city was seeing a property value rate of 7.3 percent, the largest growth rate since 1985. The proposed one -cent decrease was the largest decrease since 1982. Mr. McDaniel noted one change to Section 1, Amendment 2b on page 502 of the agenda packet. He said Amendment 2b should be a reduction of $712,067 instead of $1,137,083, for total revised expenditures of $405,950,096. Mayor Neal stated that this budget was beneficial to both employees and the citizens, providing for essential and enhanced services while still affording a tax decrease. He spoke in support of the proposed budge, saying that the city had come a long way since the 1980s. He also noted that City Manager Noe would be receiving a 3 percent salary increase like the rest of the city employees. Mr. Scott, Mr. Noyola, Mr. Colmenero, and Mr. Kinnison also spoke in support of the proposed budget. Mr. Chesney asked Mr. Noe to address a number of fire issues in writing to the firefighters. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of the tax decrease, but felt it could have been more and that the utility rate increase cancelled it out. Mr. Kelly made a motion to amend Item 37.a. regarding expenditures as noted by Mr. McDaniel, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 37.a. MOTION NO. 2004-294 Motion to amend prior to second reading the ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2004; to be filed with the County Clerk; appropriating monies as provided in the budget; which passed on first reading on July 13, 2004, by revising Section 1 of the ordinance. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 37.b. ORDINANCE NO. 025878 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2004, to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading - 7/13/04) 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 opened discussion on Item 38 regarding the adoption of the ad valorem tax rate. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, asked about the rollback Minutes - Regular Council Meeting July 27, 2004 - Page 25 rate. City Secretary Chapa polled the Council for their votes as follows: 38.a. MOTION NO. 2004-295 Motion setting August 31, 2004 as the date of the adoption of the ad valorem tax rate of $0.634175 per $100 valuation. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 38.b. MOTION NO. 2004-296 Motion setting a public hearing on the ad valorem tax rate for August 17, 2004 during the regular City Council Meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. 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 Item 40 regarding the vacant building ordinance. City Manager Noe stated that the item was on the agenda because on June 15, 2004, the Council had tabled its consideration to this date. He said, however, that the ordinance would not be ready for their consideration until August 17, 2004, and asked the Council to table the item until that date. Mr. Kinnison made a motion to table Item 40 until August 17, 2004, seconded by Mr. Colmenero, and passed. 40. TABLED UNTIL AUGUST 17, 2004 First Rca Oidinancc - Chatting A1tic 111 of rap Li 13 of tlic Cutic of 0 tluiancca to and at'LIG tui Gs, and pioviding fo. penalties. ( Mayor Neal opened discussion on Item 41 regarding the adoption of the Bayfront Master Plan. City Manager Noe said Item 41.a. was an amendment reflecting the Council's wish to provide more flexibility on the number of lanes (six or four) on Shoreline Boulevard. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in support of keeping six lanes on Shoreline Boulevard; questioned whether there was enough parking around the coliseum area if it was adapted for re -use; and questioned why the plan was being adopted so quickly in his opinion. City Secretary Chapa polled the Council for their votes as follows: 41.a. MOTION NO. 2004-297 Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City by amending the South Central Area Development Plan to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of Shoreline Boulevard as Minutes - Regular Council Meeting July 27, 2004 - Page 26 an arterial street with four to six travel lanes between Buford Street and the Bayfront Convention Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 41.b. ORDINANCE NO. 025880 Amending the Comprehensive Plan of the City of Corpus Christi ("the City") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements ofthe Comprehensive Plan including the Urban Transportation Plan. (First Reading - 7/20/04) 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 called for the City Manager's report. City Manager Noe stated that staff was distributing a presentation schedule for Bond 2004 town hall meetings during the summer break. He said staff would also post the schedule on the city's website. On Monday, August 16, a NIP sustainability meeting would be held at Cunningham Middle School in the Chula Vista pilot site. The following items were scheduled for consideration at the August 17 council meeting: recommendation on the Padre Island overlay zone; public hearing on the ad valorem tax rate; final review ofthe Bond 2004 recommendations and projects; recommendations ofthe NIP sites for 2004- 2005; and the vacant building ordinance. Mayor Neal called for Council concerns and reports. Mr. Noyola asked when the proposed charter revisions were going to be considered for inclusion on the November ballot. City Manager Noe said they would need to be considered on August 17 in order to meet the required deadline. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:50 p.m. on July 27, 2004. * * * * * * * * * * * * *