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HomeMy WebLinkAboutMinutes City Council - 08/24/2004I 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 August 24, 2004, which were approved by the City Council on August 31, 2004. WITNESSETH MY HAND AND SEAL, on this the 31st day of August 2004. ArnfandoChapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 24, 2004 - 10:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper (Arrived at 10:02 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 Assistant Pastor Wil Brannen of South Shore Christian Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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 August 17, 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: Arts & Cultural Commission Deborah Fullerton (Reappointed) Elia Gutierrez (Reappointed) J. Don Luna (Reappointed) Rose Zuniga (Reappointed) Brian York (Appointed) Dr. Judith Prewitt (Appointed) Ed Grove (Appointed) Chad Luhan (Appointed) Daniel Garza (Appointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-9.a.). City Secretary Chapa noted that Item 9.a. was added as a supplemental agenda item. Council Member Scott was concerned about a conflict of interest issue related to Item 4, and he asked the Council to pull this item until the issue was resolved. There were no comments from the audience. A motion was made and passed to approve Items 3 through 9.a., constituting the consent agenda, except for Item 4, Minutes - Regular Council Meeting August 24, 2004 - Page 2 which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-320 Motion approving the purchase of fifty-four sets of educational video and audio cassettes from National Educational Systems, Inc., of San Antonio, Texas based on sole source for a total amount of $37,856. The video/audio cassettes will be used by the member Libraries of the South Texas Library System (STLS). Funds are available from the South Texas Library System Grant. 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. 2004-321 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and Mr. Ron Lewis, of Austin, Texas for governmental relations services relating to general water issues. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 6. ORDINANCE NO. 025906 Ordinance appropriating $170,000 from the unappropriated settlement proceeds from Gulfterra Energy Partners, L. P. in City Hall Capital Improvement Program Fund No. 3160; transferring $170,000 to and appropriating in General Fund No. 1020 Legal Services for professional services to obtain compensation from pipeline companies for use of city property; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $170,000; amending FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $170,000. 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 Scott, voting "Aye". Minutes - Regular Council Meeting August 24, 2004 - Page 3 7.a. ORDINANCE NO. 025907 Ordinance authorizing the City Manager or his designee to execute a one year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a thirty year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. ORDINANCE NO. 025908 Deleting Division 12, Business Resource Center Steering Committee from Chapter 2 of the Code of Ordinances; amending Chapter 2 of the Code of Ordinances to establish the Small Business Advisory Committee. (First Reading 8/17/04) 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". 9. ORDINANCE NO. 025909 Amending Section 19-1 of the Code of Ordinance relating to definitions; enacting Subsections 19-3.1, 19-3.2, 19-3.3, 19-3.4, and 19-3.5 to establish a restaurant rating system; providing for penalties; providing an effective date of September 1, 2004. (First Reading 8/17/04) 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". Minutes - Regular Council Meeting August 24, 2004 - Page 4 9.a. ORDINANCE NO. 025914 Ordinance providing for the issuance of the General Improvement Refunding Bonds, Series 2004, of the City of Corpus Christi, Texas, in an amount not to exceed thirty million dollars ($30,000,000); establishing parameters regarding the sale of the bonds; approving the execution of a bond purchase contract and an escrow agreement; and all other matters related thereto; and providing that this Ordinance shall be in force and effect from and after the date of its passage. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0704-01, L. J. Kuan and Terry Mergele: A change of zoning from a `B-1" Neighborhood Business District to a "B-4" General Business District. The property is in Koolside, Block 9, Lot 15, located on the west side of Airline Road and 300 feet north of Lum Avenue. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit subject to ten (10) conditions and site plan. 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: 10. ORDINANCE NO. 025910 Amending the Zoning Ordinance upon application by L.J. Kuan and Terry Mergele, by changing the zoning map in reference to Koolside, Block 9, Lot 15, (currently zoned `B-1" Neighborhood Business District) by granting a Special Permit for an auto sales lot subject to a site plan and ten (10) 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting August 24, 2004 - Page 5 Case No. 0704-02, Messianic Fellowship Church of Corpus Christi: A change of zoning from a "R -1B" One -family Dwelling District to an "A-1" Apartment House District. The property is in a 0.48 acre tract of land recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas, located on the north side of Mueller Street and 500 feet west of Leopard Street. City Secretary Chapa said the Planning Commission and staff recommended approval of an "A-1" Apartment House District. Mayor Neal asked for public comment. Mr. Saul Rascon, 914 Nandina, spoke against the proposed housing development because of traffic concerns. Assistant Director of Development Services Michael Gunning replied that the city's traffic engineering department had indicated that Nandina Street and Mueller Street would be able to handle the additional traffic for the development. He said the applicants were proposing to build 48 affordable housing units on the proposed property, and staff felt this development would provide a good buffer between the commercial areas in the south and the residential areas in the north. Finally, Mr. Gunning said the proposed project would introduce new development in an area that had not seen any for many years, and could be an improvement to the neighborhood. Mr. Abel Alonzo, 1701 Thames, spoke in favor of the proposed development, saying that the opposition was primarily because the project was for affordable housing. A motion was made, seconded, and passed to close the public hearing. Mr. Kelly commented that the proposed development was near Oak Park Elementary School, and the bulk of the traffic would probably be concentrated on Mueller and Lancaster Streets. He noted, however, that there were plans to move this school site to Leopard Street, and thus school traffic concerns would not be an issue much longer. Mr. Kelly asked if the developer planned to run the facility or planned to resell it. Reverend Bob Jones, the project developer, answered that the project would be owned and maintained by the Messianic Fellowship Church of Corpus Christi, saying that it would be a good -quality project. Mr. Noyola asked if staff could address Mr. Rascon's traffic concerns by installing speed humps in the area. Mr. Gunning stated that speed humps could be considered if the residents still felt traffic was a problem after the development was in place. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 025911 Amending the Zoning Ordinance upon application by Messianic Fellowship Church of Corpus Christi by changing the zoning map in reference on 0.48 acre tract recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas from "R -1B" One -family Dwelling District to "A-1" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 24, 2004 - Page 6 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4 regarding the acquisition utility and construction easements for the Southside Water Transmission Main project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2004-321 Motion authorizing payment of the Special Commissioners' Condemnation Award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. 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 12, the presentation on the day's agenda regarding the Governor's large scale desalination feasibility study. Assistant City Manager Ron Massey introduced Mr. Mark Lowry with Turner Collie & Braden, the city's consulting team, to discuss the results of the draft report on the study before it is released to the public. After a thirty day public review period, the report would then be finalized and submitted to the Texas Water Development Board at the end of September for funding consideration. Mr. Lowry began by introducing the members of the consulting team as follows: Mr. Stan Williams, RVE Inc., BHP Inc., and Olivarri and Associates. He then provided a summary of the tasks examined in the report as follows: site selection; treatment requirements; byproduct disposal; partnerships; water transfers; power sources; project development and funding; cost model development; and draft and final report. He said he would cover each task individually. Mr. Lowry reported that the team undertook a number of public information activities to obtain public input as follows: a kickoff meeting; a meeting with Region N of the Texas Water Development Board; created and disseminated a project fact sheet; posted information on the city's website; and participated in an Oso Bay workshop sponsored by the Coastal Bend Bays Foundation. In addition, Mr. Lowry said the team had a 50 percent review meeting for both the public and Region N. Finally, he said two additional meetings with the public and with Region N were both scheduled on September 9, 2004. Mr. Lowry stated that copies of the draft report would be available for public review at public libraries, city hall, and other locations. He said public comment would be accepted through September 16. Mr. Lowry briefly reviewed the results from Task 1, the site requirements. He said the Barney Davis power plant was the selected site because it was located at the exact opposite location from the direction in which the city was feeding its water now, increasing the capacity of the city's large distribution lines. In addition, he said the site would provide a backup water source. Mr. Lowry noted that the site had undergone a recent ownership change, and as of July 29, it was owned Minutes - Regular Council Meeting August 24, 2004 - Page 7 by Topaz Power Partners. Regarding Task 2, treatment and disposal issues, Mr. Lowry reported on the water quality issues for the bay waters. He said the bay waters had high salinity levels, which meant a higher cost for a desal plant, but data was lacking on silt density and trace metals. Red tide and changes in turbidity were also issues, so the team was recommending a robust treatment process. Mr. Lowry discussed a number of byproduct management issues. He said, ideally, there would be no discharge into the bays if there was an alternative. He noted that the local bays were already freshwater limited, and the city was enhancing the freshwater inflows with wastewater effluent. He said, however, that the available alternatives (ponds and evaporation, concentrators and crystallizers) were too expensive. Deep well injection and potential reuse as a raw material were also eliminated as feasible alternatives. Finally, he said the team was calculating the costs for off shore discharge. Regarding Task 3, source -water blending, Mr. Lowry said there was minimal groundwater data available. He said large volumes of water were needed to blend, at least 10,000 to 20,000 mg/1, but there were no water sources with sufficient quantities to make dilution of the feedwater feasible. Potential subsidence was also an issue, and blending was further complicated because there was no data on trace metals. Mr. Lowry reported on lessons learned from other desal efforts. First, the team determined that pretreatment is critical. He said it was important to assume the worst-case quality conditions and wide variations in quality. Other lessons learned were to cost off shore intake; keep in mind that the municipality may have to operate the plant; and that groundwater use was not viable. Regarding Task 4, creating partnerships, Mr. Lowry said it had been difficult to build partnerships until the ownership of the Barney Davis power plant had been finalized, which took place on July 29. The team did develop a list of research issues, and discussed the possibility of public private partnerships, although the city has said that they were not interested in teaming with a private entity at this point because it lessens their ability to have a competitive process. Finally, he said potential customers may be partners. Mr. Lowry then discussed Task 5, water transfers. He said the team developed a list of large water users from regional plans, and updated estimated costs. He commented that many potential users were currently looking into groundwater as a water source, and thus were not ready to make further commitments to surface water supplies until the groundwater options were exhausted. Regarding Task 6, power sources, Mr. Lowry said the new owners of the Barney Davis plant, Topaz Power Partners, have indicated a potential for lower-cost power once a retail electric provider can be developed to retail the power from the Barney Davis plant to the desal plant. He said staff was further investigating this option. He said the power costs were estimated at $.065/kwh, based on available supplies and a retail power cost, but it may be possible to achieve lower costs. He noted that wind -generated power appeared to be close in cost for the desal plant if costs remained at the $.065 level. Mr. Lowry reported on the results of Task 7, project funding and structure. He said the costs Minutes - Regular Council Meeting August 24, 2004 - Page 8 developed in the report were estimated using conventional Design/Bid/Build project delivery methods. Alternative project delivery methods were also delineated in the report, including the Design/Build/Own/Operate/Transfer model, which provided a generally shorter project development lead time and somewhat lower costs. He noted, however, that Design Build project delivery methods were currently unavailable to municipalities in Texas, but were presented in the event that current laws were changed prior to the development of the project. Mr. Lowry reviewed a slide illustrating the best options for the disposal of the discharge. He first described Disposal Option No. 1, the desal plant with an off -shore intake to reduce the total dissolved solids in the plant feedwater and with an off -shore discharge to eliminate the impact on the near shore bay. He said Option No. 1 would have the best chance for obtaining a permit. Disposal Option No. 2 would use the existing Barney Davis power plant intake, and would require a larger desal plant because of the high salinity in the Laguna Madre. Finally, the team looked into using the intake at Barney Davis from the existing cooling water and discharging it into Oso Bay. He said there was some sentiment in the environmental community that the circulation water from Barney Davis was a benefit to Oso Bay by flushing the system out. Mr. Lowry then discussed Task 8, the cost model development. He said the cost model was constructed taking into consideration what the city was spending now, and what the city intended to spend over the next 30 years. Using these factors, the team estimated the cost of water for the selected processes at the Barney Davis site. He said the team reviewed the model with city staff to be sure of the accurate use of city data. In addition, he said they developed comparative costs with and without desalination and solved for any subsidy needed. The team also looked at the potential for selling water to other locations, and subsequently assumed that $5 million in annual revenues could be generated from surplus water sales. Finally, Mr. Lowry discussed the results and conclusions of the report. He said the recommended project was approximately $197 million with offshore intake and discharge because it was the most reliable and most permittable of all the options. He also said the proposed Barney Davis power plant location was the most beneficial to the city. Most importantly, he said the cost of the water was estimated to be approximately $1,332 per acre foot. An annual subsidy of $25 million was needed in addition to water sales revenue to make the project revenue -neutral to the citizens. Mr. Lowry noted, however, that alternative configurations using the existing intake and the existing discharge point would result in significant cost reductions, but would probably result in more permit opposition. The cost of water under this scenario was around $1,000 per acre foot, with annual subsidy of $18.5 million needed. He emphasized that the estimated subsidies were Targe because the city had much less expensive water sources now. Mr. Colmenero asked if there were any technological advances on the horizon for desalination. Mr. Lowry replied that new technology could find ways to improve the reverse osmosis process by extending the life of the membranes, reducing the cleaning frequency of the membranes, and emphasizing pre-treatment. Nevertheless, Mr. Lowry said the improvements would probably not cut the cost of reverse osmosis in half (current costs are $3 per thousand gallons). Mr. Scott asked about the feasibility of wind power, commenting that the study results Minutes - Regular Council Meeting August 24, 2004 - Page 9 indicated that it was almost competitive with other conventional sources of power, such as natural gas. Mr. Lowry replied that the power costs were estimated at $.065/kwh, and at this level, wind power was competitive. Topaz Power Partners, the owners of Barney Davis, have not decided on an energy retailer yet, but have indicated that they would be willing to offer the city reduced energy costs. The potential reduction in power costs could make wind power much less competitive. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13 regarding the operations of the J.C. Elliott landfill and the Cefe Valenzuela landfill after it is constructed and operational. Assistant City Manager Ron Massey reported that previous Council action directed staff to complete the operations at the existing J. C. Elliott landfill until present permitted capacity is reached. The Council also directed staff to begin development of the Cefe Valenzuela landfill to be able to accept and dispose of waste upon the closure of the J.C. Elliott landfill. The Council further requested staff to report back with recommendations regarding the RFP for the operation and development of city landfills, which would be the focus of today's discussion. Mr. Massey stated that the landfill operational concept was comprised of the following elements: identify public/ private partnership opportunities; acquire more waste tonnage; and further reduce city expenses. Mr. Massey then discussed the landfill RFP process to date. The RFP was issued on September 2002, and proposals were received in October 2002. Of the three RFPs received, the evaluation results indicated that BFI Inc. provided the best value. The Council was notified in January 2003, with preliminary negotiations taking place between January 2003 and the present. He said the landfill option decision was made in March 2004. Mr. Massey covered the budgeted solid waste revenues and expenditures for FY 2004-05. Total revenues were $21,351,458 and expenses amounted to $15,094,237, totaling a net contribution to the general fund of $6,257,221. Mr. Massey then covered the FY 2004-05 landfill expenditures, totaling $4,862,530. He said J.C. Elliott landfill's current total tonnage was 419,000 tons, comprised of the following elements: city collections: residential - 108,000; dirty brush - 18,000; other city waste - 35,000; put -or- pay haulers - 225,000; and non put -or -pay haulers - 33,000. Mr. Massey stated that the city's two landfill operation options were to continue city operation of the landfill or enter into a public/private partnership, otherwise known as a "push and pack" concept. The city's responsibilities under the "push and pack" concept would involve the following components: maintain control of all rates and all revenues; maintain permits and regulatory issues such as waste screening and scale house; and assume responsibility for capital costs, an estimated $30.9 million. BFI's responsibilities under the "push and pack" concept would require BFI to provide equipment and labor, including burying waste, landfill maintenance, quarterly brush grinding, and support of city sponsored events. Mr. Massey discussed the details of BFI's current offer, pending the Council's approval to finalize negotiations. BFI was guaranteeing a minimum of 150,000 tons per year, and he pointed Minutes - Regular Council Meeting August 24, 2004 - Page 10 out that the city would need to negotiate put -or -pay contracts with the other haulers. He said BFI would not charge for the tonnage acquired through city -sponsored events, and would provide fee disposal days (2,000 tons a year) and free residential mulch (3,000 tons a year). Finally, he said the city would pay $6.92 per ton for all landfill waste except for the above noted exceptions. Mr. Massey covered a chart delineating a comparison of potential rate increases under city operations or BFI operations. He stated that if the city were to operate the landfill, in FY 2012-13, the residential rates would increase by $5.28 a month and the commercial hauler's gate rate would increase to $49.10. Under the BFI push and pack contract, Mr. Massey said the increase for residents under the same time frame would be $2.00 a month for residents and $29.61 for the gate rate. He stressed that the reason BFI could offer lower rates was because of their guaranteed tonnage. Mr. Massey then mentioned the remaining details in the BFI contract negotiations that were still pending, including the following elements: length of the contract; staff resources - 30 FTEs (landfill staff - 22 filled FTEs, 8 vacancies; city retains 7 FTEs); and the transition to the Cefe landfill. Regarding staff resources, he stated that of the 30 positions at the landfill, the city would retain 7 positions. The remaining employees would be offered employment by BFI, and those who opted not to accept BFI's job offer could seek city employment through the RIF procedures. Mr. Massey discussed the anticipated results of the "push and pack" contract as follows: long-term contract; charge for every ton buried; long-term savings for the city; city sets gate rate; guaranteed waste stream; and the city's operational expenses and equipment purchases eliminated. Thus, he said staff was recommending the approval of the "push and pack" operations concept at the landfill, and was also requesting authorization to develop the final contract with BFI. Future actions would include the approval of the final contract during the first quarter of 2005, the consideration of bond issuance and legal and engineering issues for the Cefe landfill, and closure of the J.C. Elliott landfill. Mr. Colmenero commented that he liked the proposed rates under BFI's operation of the landfill. He asked if the citizens would notice any change in service during the transition to BFI. Mr. Massey replied that citizens would probably notice improvements in the service. Mr. Noyola sought assurances that if BFI were to assume operation of the landfill, they would take care of current city employees and they would treat small haulers equitably. Regarding the small haulers, Mr. Massey stated that the BFI contract would help the small haulers due to the guaranteed tonnage, reducing their costs. Regarding the elimination of city positions, he said the landfill employees would be offered employment by BFI or they could accept positions requiring similar skills in other city departments. Mr. Noyola asked how much the city would save by transferring landfill operations to BFI. Mr. Massey replied that the main advantage was the guaranteed tonnage, which would equate to a $17 million savings over eight years. Mr. Scott asked a number of questions regarding the route the trucks would take from the J.C. Elliott landfill to the Cefe landfill. He was concerned about future development south of Oso Bay. Mr. Massey replied that the trucks leaving Elliott would go to the intersection of Ayers and Weber, and then turn right toward the Staples area. Minutes - Regular Council Meeting August 24, 2004 - Page 11 Mr. Noyola clarified that the city would still maintain and operate garbage collection, and that the BFI contract would only affect landfill operations. Mayor Neal asked for public comment. Mr. John Torrey with Captain Hook Dumpsters, stated that the BFI offer seemed like a good start, and he also said he had noticed an improvement in the enforcement of citations for illegal haulers. Mr. Bill Kopecky, 3609 Topeka, expressed concerns that the roads to and from the landfill were in good condition and would be able to handle the heavy traffic. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2004-323 Motion authorizing the City Manager or his designee to complete RFP negotiations with BFI, Inc. and present the Council with a contract for consideration. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, the ordinance calling for the election on the Bond 2004 propositions. City Manager Noe stated that at last week's meeting, the Council had directed staff to include a full budget increment for the Bayfront project. He said staff was confident that $11,684,000 would allow staff to complete the northern portion of the project from IH -37 past the courthouse. This adjustment brought the total Bond Issue 2004 package price to $95 million (see Attachment A included as part of these minutes). City Engineer Angel Escobar described the proposed Bayfront Master Plan, Phase 1 project. He said the project consisted of funding to implement the first phase of the Shoreline Boulevard realignment from one block north of IH -37 to Resaca Street. The proposed work would include the reuse of the existing southbound traffic lanes, restructuring of the existing traffic medians, and demolition and reconstruction of the northbound traffic lanes. He said the multi -phased project would enable the Bayfront Master Plan to be implemented with various components for streets: six 11 -foot traffic lanes with two eight -foot wide parking lanes and associated ADA parking and bus turnouts; esplanade traffic medians, with protected left turn lane; landscaping of esplanade traffic medians to include irrigation, palms, ground cover, and hardscape; eight -foot wide sidewalk sections adjacent to the street; new street lighting; and necessary storm sewer, fire water line relocation, traffic barricading, lane striping, signage, and required appurtenances to complete the project. Phase 1 would also include the following park improvements: creation of new park and public area adjacent to existing seawall; and landscaping of park area to include top soil and sodding, irrigation, palms, ground cover, shrubbery, additional trees, hardscaping, pavers, and other amenities including artwork. Mr. Kinnison commented on the proposed ballot language for propositions one through five. He expressed concern that the ballot language was too general, and preferred the more specific ballot language that was used in Bond 2000. To address this concern, City Manager Noe answered that Minutes - Regular Council Meeting August 24, 2004 - Page 12 staff had drafted an ordinance including using a brief summary statement describing each of the propositions followed by a detailed project list. He added that bond counsel was also recommending less specific ballot language. Mr. Kinnison asked for more information on what Del Mar's ballot would look like. City Secretary Chapa answered that Del Mar would have one at -large representative race, two district representative races, and a tax freeze proposition. Mr. Kinnison remarked that the city was planning to have five bond propositions and a tax freeze proposition, and if all the charter amendments were added, could expand to a maximum of 16 votes. Thus, a shared ballot between the city and Del Mar could be quite crowded. Mr. Kinnison asked if the city could have their own ballot. Mr. Chapa replied affirmatively, saying that it would increase the cost tremendously. He thought it would be possible to fit the propositions on one ballot, but he could not be certain until he spoke with the printer. Mr. Scott supported the idea of a summary with a detailed project list for the propositions. He asked how much it would cost for the city to have its own ballot. Mr. Chapa replied that it would cost approximately $25,000 for the city to have its own ballot instead of joining Del Mar. Mr. Colmenero asked what the city could do to distinguish its ballot from the others in this election. Mr. Chapa replied that the city could choose to put a colored border around its ballot at an additional cost. Mr. Noyola stated that he thought the voters would be able to handle voting on numerous ballots, regardless of the format. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, cautioned against bundling a number of projects in one proposition because an entire proposition could fail if voters did not support some of the included projects. Mr. Bill Kopecky, 3609 Topeka, spoke regarding the tax cap. Mr. Danny Noyola Jr., 4410 Acushnet, spoke regarding the possible number of propositions and the possibility of a separate ballot. City Manager Noe stated that the proposed ballot language for Proposition 3 needed to be amended, changing an amount to $5,660,000. A motion was made, seconded, and passed to amend the ordinance as stated by Mr. Noe. City Secretary Chapa then announced that an additional amendment was needed on Item 15 to include titles for the various bond propositions on the ballot, similar to those used in the Bond 2000 issue. A motion was made, seconded, and passed to amend the ordinance as stated by Mr. Chapa. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting August 24, 2004 - Page 13 15. ORDINANCE NO. 025912 Ordinance ordering a Special Election to be held on November 2, 2004, in the City of Corpus Christi on the questions of authorizing obligations of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance and declaring that this Ordinance shall be effective immediately upon its adoption by City Council in accordance with provisions of the V.T.C.A., Government Code, Section 1201.028. 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 called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the police department's process for investigating complaints. Mr. Danny Noyola Jr., 4410 Achusnet, asked if the remnants of old signage regarding an alligator scare near Elliott Grant School could be removed from his neighborhood. Mr. Roy Pell, 5022 Rasputin Court, invited the Council to attend a ground breaking ceremony for the new boaters facility, taking place at 2:00 p.m. on Thursday. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 17. 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 Mayor Neal opened discussion on Item 14 regarding the proposed charter amendments. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, and Mr. J. E. O'Brien, 4130 Pompano, spoke against the proposed wording of Proposition 7 regarding the tax cap because it was not specific enough. Mr. Danny Noyola Jr., 4410 Acushnet, spoke in favor of placing all the proposed charter amendments on the ballot for the voters's consideration, especially Proposition 4 and Proposition 10. Minutes - Regular Council Meeting August 24, 2004 - Page 14 Mayor Neal read each of the proposed charter amendments as follows: Proposition 1 - Updating the provisions concerning initiative and referendum in order to comply with new laws and election procedures. Proposition 2 - 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. Proposition 3 - 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. Proposition 4 - 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. Proposition 5 - 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. Proposition 6 - 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 restrictions. Proposition 7 - Changing the property tax cap to conform to the tax cap set by the Texas Constitution. Proposition 8 - Allowing certain leases for the construction of boat slips and docking facilities to be for terms not more than 15 years without the necessity of an election, simplifying for procedures concerning 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. Proposition 9 - Updating the provisions concerning general powers of the City in order to conform to new State laws and procedures. Proposition 10 - 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 then spoke regarding Proposition 10, setting a uniform election date. He stated that according to information he had received from the Texas Municipal League, if the city were to pass Proposition 10, they would be the only Texas city of the 20 most populous cities to hold its election in November during even years. He said most cities held their elections in odd years during the spring. He then made a motion to place the following proposed charter amendments on the November ballot: 1, 2, 4, 5, 6, 8, and 9, seconded by Ms. Cooper. Mr. Noyola stated that although he personally agreed with excluding Propositions 3 and 7 and he disagreed with excluding Proposition 10, he felt it was important to have all the propositions placed on the ballot to let the voters decide. Mr. Noyola made a motion to amend Mayor Neal's motion to add Propositions 3, 7, and 10 to the ballot to allow the voters to decide, seconded by Mr. Colmenero. City Secretary Chapa polled the Council for their votes as follows: Colmenero and Noyola, voting "Aye"; Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "No". The motion to amend failed. City Secretary Chapa polled the Council for their votes on Mayor Neal's previous motion as follows: Minutes - Regular Council Meeting August 24, 2004 - Page 15 14. MOTION NO. 2004-324 Motion to place the following charter amendment propositions on the November 2, 2004 ballot: Proposition Nos. 1, 2, 4, 5, 6, 8, and 9. 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 opened discussion on Item 16 regarding the ordinance calling for the election on the ad valorem tax freeze and charter amendment issues. City Manager Noe stated that the Council could now amend this ordinance to reflect their vote on Item 14 regarding the charter amendments. Mayor Neal made a motion to amend Item 16 as stated by the City Manager, seconded, and passed. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 025913 Ordinance ordering a Special Election to be held on November 2, 2004, in the City of Corpus Christi on the questions of establishing a permanent ad valorem tax freeze on residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses; providing for consideration of amendments to the Charter of City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance. 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 called for the City Manager's report. City Manager Noe reported that a Neighborhood Pride meeting was held in Ben Garza Gym last night, and the next meeting would be held on August 30 at the Gardendale Baptist Church. He also announced that there would a ground breaking ceremony for the new boaters facility on the T -head at 2:00 p.m. this Thursday. He stated that the following items were scheduled for next Tuesday's Council meeting: second reading of the vacant buildings ordinance and adoption of the city's ad valorem tax rate for the next fiscal year. Mayor Neal commented that he has noticed an increase in graffiti on private property. He asked code enforcement to investigate this problem. Mayor Neal called for Council concerns and reports. Mr. Garrett asked for a report on problems with the water service on the island this morning. Assistant City Manager Massey replied that the system temporarily lost power, but the system was back on line. He also asked Police Chief Pete Alvarez to look into problems with speeding on S.P.I.D. Mr. Kinnison stated that the last Flicks in the City event was held on Saturday night featuring Minutes - Regular Council Meeting August 24, 2004 - Page 16 the "Wizard of Oz". He said the event was well attended. He thanked Assistant City Manager Margie Rose and staff, the CC Focus group, and all the event sponsors for contributing to the event's success. City Secretary Chapa asked for direction from the Council on the November ballot. He asked if staff was able to coordinate with Del Mar College and place all the city propositions and the Del Mar issues on one ballot, was this acceptable, or would the Council prefer a separate ballot regardless. Mayor Neal stated that if possible, the city should combine ballots with Del Mar College, but if this was not possible, then a separate ballot would be acceptable. The Council concurred with his statement. Mr. Scott reported that the Morningside Neighborhood Association's newsletter stated that their recycling participation rate has risen from 24 percent to 51 percent. As the group spearheading the city's recycling participation project, he asked that they be recognized for their efforts. Mr. Noyola asked staff to address a problem with graffiti on the stop sign at Capitol and Congressional streets. He also reported speeding problems on Baldwin Street between the Crosstown Expressway and Ayers Street. He also stated that the neighbors on the 4600-4700 blocks of Dodd Street were requesting a street light. Mayor Neal asked the Council Audit Committee to look into Mr. Chesney's suggestion regarding the use of sales taxes versus property taxes. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:25 p.m. on August 24, 2004. * * * * * * * * * * * * * ATTACHMENT A BOND ISSUE 2004 PROPOSITIONS PROPOSITION ONE: STREETS 1. ADA Improvements $ 4,000,000 2. Cimarron Blvd, Ph. 1 - Saratoga to Yorktown 6,440,000 3. Cimarron Blvd, Ph. 2 - Yorktown to Bison (Mireles) 2,372,000 4. Doddridge Street - Ocean Drive to Staples 3,495,000 5. Everhart Road, Ph. 1 - Saratoga to Cedar Pass 4,497,000 6. North Port Ave - IH 37 to US 181 1,604,000 7. Up River Road - Rand Morgan to McKenzie 4,465,000 8. Waldron Road - Purdue to Glen Oak & Mediterranean Ext 2,474,000 9. Future TxDOT Participation 500,000 10. * Neighborhood Street Reconstruction 9,428,000 11. Street Lighting 800,000 12. * Street Overlays 4,200,000 13. Traffic Congestion Management Traffic Signals (New & Upgrades) 3,500,000 2,130,000 14. 15. Cliff Maus, Ph. 2 - Brownsville Rd to Bear Lane 803,000 16. Cliff Maus, Ph. 3 - SPID to Rockford Drive 1,058,000 17. Wooldridge Road - Airline Road to Rodd Field 3,239,000 18. Wooldridge Road - Staples Street to Airline Road 4,373,000 19. Developer Participation 500,000 20. Greenwood Dr. Ph. 1 - Gollihar to South Padre Island Dr. 2,760,000 21. Laguna Shores Road - Graham to 'Hustlin Hornet 3,412,000 22. Padre Island Aesthetic Development Participation 150,000 23. Park Road 22 Bridge (Cost Estimated) 1,400,000 24. Downtown Redevelopment Participation 250,000 25. North Beach Area Improvements 500,000 Total Proposition One Street Package: $ 68,350,000 PROPOSITION TWO: PUBLIC HEALTH & SAFETY 26. Southside Fire Station $ 1,500,000 27. ADA Co -Ed Fire Stations 400,000 Total Proposition Two Public Health & Safety Package: $ 1,900,000 PROPOSITION THREE: PUBLIC FACILITIES 28. NW Library Expansion Museum Fire Suppression, Ph. 2 New Southside Library $ 2,000,000 160,000 3,500,000 29. 30. Total Proposition Three Public Facility Package: $ 5,660,000 PROPOSITION FOUR: PARK & RECREATION 31. Sports Field Improvements $ 2,250,000 32. Golf Course Improvements (Existing Courses) 2,756,000 33. Renovate Senior & Recreation Facilities 1,300,000 34. HEB Tennis Center 500,000 35. Neighborhood Parks Improvements 500,000 36. Windsport Park Improvements (South Cole Park) 100,000 Total Proposition Four Park & Recreation Packages: $ 7,406,000 PROPOSITION FIVE: BAYFRONT MASTER PLAN PROJECT 37. '"'Bayfront Development Plan Phase 1 $ 11,684,000 Total Proposition Five Bayfront Master Plan Package: $ 11,684,000 TOTAL BOND ISSUE 2004 PACKAGE PRICE: $ 95,000,000 * See Schedule A " Estimated Cost