Loading...
HomeMy WebLinkAboutMinutes City Council - 10/19/2004I 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 October 19, 2004, which were approved by the City Council on October 26, 2004. WITNESSETH MY HAND AND SEAL, on this the 26th day of October 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 19, 2004 - 10:04 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Mark Scott ABSENT City Secretary Armando Chapa City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer Asst. City Secretary Mary Juarez Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Charles R. Graff of St. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 12, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-15). Assistant City Secretary Juarez announced that Mr. Noyola would be abstaining from the vote and discussion on Item 13. Mr. Bill Kopecky, 3609 Topeka, requested that Item 6 be discussed. A motion was made and passed to approve Items 2 through 15, constituting the consent agenda, except for Item 6, which was pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes - Regular Council Meeting October 19, 2004 - Page 2 2.a. MOTION NO. 2004-383 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 -0012-05, based on low bid for an estimated six month expenditure of $939,930.80. The terms of the contracts will be for six months with options to extend for up to nine additional six- 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 2004-2005. Altivia DPC Industries Houston, Texas Corpus Christi, Texas Liquid Chlorine Liquid Caustic Soda $240,300 $439,180.90 Sodium Hypochlorite Solution $260,449.90 Total: $939,930.80 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 2.b. MOTION NO. 2004-384 Motion approving a supply agreement with Carus Chemical Co., Peru, Illinois, for potassium permanganate in accordance with Bid Invitation No. BI -0012-05, based on low bid for an estimated annual expenditure of $347,287.50. The term of the contract will be for twelve months with an option to extend for up to four additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. Grand Total (a) & (b): $1,287,218.30 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3. RESOLUTION NO. 025990 Resolution authorizing the City Manager or his designee to submit a Grant Application in the amount of $22,000 to the Texas Department of Public Safety, Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program, for public awareness brochures, production and broadcast of infomercials, and to conduct emergency response drills, with a City match of $4,400. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting October 19, 2004 - Page 3 4.a. MOTION NO. 2004-385 Motion authorizing the City Manager or his designee to accept a grant in the amount of $57,855 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.b. ORDINANCE NO. 025991 Ordinance appropriating $57,855 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for continuation funding available under the Violence Against Women Act (VAWA) Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5.a. MOTION NO. 2004-386 Motion authorizing the City Manager or his designee to accept a two-year grant in the amount of $207,080.92 from the United States Department of Justice, United States Attorney's Office, Southern District of Texas, for a Project Safe Neighborhoods Grant and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5.b. ORDINANCE NO. 025992 Ordinance appropriating a grant in the amount of $207,080.92 from the United States Department of Justice, United States Attorney's Office, Southern District of Texas for a Project Safe Neighborhoods Grant in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting October 19, 2004 - Page 4 7. MOTION NO. 2004-388 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $67,800 for a total restated fee of $92,760 for Minor Storm Drainage Improvements at the following locations: * Westview Drive Drainage Improvements, * Princess at Cardinal Drainage Improvements, * Wood River and River Canyon Area Drainage Improvements, * Jester/Turtle Cove Park Drainage Improvements, and * Glenoak/Flour Bluff Drive Drainage 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". 8. RESOLUTION NO. 025993 Resolution recognizing the public necessity of acquiring fee simple title to a tract of land containing 1,693.14 square feet out of Lot 20, Block 1, Guth Parkside Addition, known as Parcel 1, from the owner Jim Srp, Jr., for the construction of street improvements in connection with the Rand Morgan Road (Leopard to Interstate Highway 37) Street Improvement Project (#6241) and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the land. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. RESOLUTION NO. 025994 Resolution authorizing the Mayor or the Mayor's designee to execute an amendment to the Interlocal Cooperation Agreement with Nueces County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10.a. MOTION NO. 2004-389 Motion approving the reimbursement application submitted by King's Crossing Realty, Ltd., owner and developer of King's Crossing Unit 14A Subdivision located south of Yorktown Boulevard west of Cimarron Boulevard for the installation of 1,807 linear feet of a 12 -inch PVC water grid main. 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 October 19, 2004 - Page 5 10.b. ORDINANCE NO. 025995 Ordinance appropriating $53,845.68 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-21805-540450 to pay developer reimbursement request for the installation of 1,807 linear feet of a 12 -inch PVC water grid main to develop King's Crossing Unit 14A Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 11. MOTION NO. 2004-390 Motion authorizing the City Manager to execute a Deferment Agreement with South Texas Hotels, L.L.P., in the amount of $82,169 for Public Improvements including an off-site 8 - inch public wastewater line and an 8 -inch PVC water distribution main improvements to Padre Island Number One, Block 35, Lot 30A in accordance with the Platting Ordinance Section V - Required Improvements, Subsection A.3.b). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. ORDINANCE NO. 025996 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with South Texas Hotels, L.L.P., owner and developer of Padre Island Number One, Block 35, Lot 30A for the construction of an 8 -inch, overdepth sanitary sewer collection line along Sand Dollar Avenue, Gaviota Drive and Octal Drive, in accordance with the Platting Ordinance, not to exceed $56,908 for the City's share of costs of the improvements. 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". 13. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones, by modifying the limits of speed zones and establishing transition speed zones in the inbound and outbound directions of International Drive between the existing 45 miles per hour speed zones near State Highway 44 and the existing slower speed zones of 15 and 20 miles per hour near the parking lots and the terminal; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting October 19, 2004 - Page 6 14. ORDINANCE NO. 025997 Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with Corpus Christi Softball Association ("Lessee") for use of City property (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. (First Reading 9/21/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. ORDINANCE NO. 025998 Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with South Texas Youth Football League, Inc. ("Lessee") for use of City property (Bill Witt Park) for Lessee's Pop Warner Football program and in consideration of Lessee maintaining the premises and improvements. (First Reading 9/21/04) The foregoing ordinance was passed and approved on its second reading 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 Garwood Pipeline project. Mr. Bill Kopecky, 3609 Topeka, asked if the city had considered the effect stream loss or evaporation loss would have on the 35,000 -acre feet of Garwood water the city had purchased. If an open channel method was used for transport, a considerable amount of water could be lost to evaporation. City Manager Noe replied the city was looking into the impact of each of the different methods of transport for this reason. Mayor Neal added that one of the options being considered was an open channel, and the city had raised this very concern with the LCRA. Assistant City Secretary Juarez polled the Council for their votes as follows: 6. MOTION NO. 2004-387 Motion authorizing the City Manager or his designee to execute Amendment No. I to the Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $285,490 for Garwood Water Supply Pipeline Routing Plan, Phase 2 services. 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 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting October 19, 2004 - Page 7 Case No. 0904-01, Mostaghasi Investment Trusts: A change of zoning from a "R -1B" One - family Dwelling District to a `B-1" Neighborhood Business District and "R-2" Multiple Dwelling District. The property is 5 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 10, Lots 12 and 13, located along the north side of Yorktown Road and 1,000 feet east of South Staples Street. Assistant City Secretary Juarez said the Planning Commission recommended the approval of the "R-2" Multiple Dwelling District on Tract 1, and denial of the "B-1" District on Tract 2, and in lieu thereof, approval of a `B -IA" Neighborhood Business District. Staff recommended the approval of the "B-1" Neighborhood Business District and "R-2" Multiple Dwelling District. Ms. Juarez stated the ordinance for this item reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning explained the applicant was requesting a change in zoning on Tract 1 to "R-2" Multiple Dwelling District for development of an apartment complex, and change in zoning on Tract 2 to a "B -I" Neighborhood Business District. He said during the Planning Commission meeting, there was some neighborhood opposition to the "B-1" zoning request. In response, the Planning Commission recommended the denial of the `B-1" zoning, and in lieu thereof, approval of a `B -1A" district on Tract 2 for the retail center. He said the Planning Commission preferred the "B -1A" district because it would require larger setbacks and additional landscaping requirements since the property abuts a future or existing residential area. Mr. Gunning said staff was also recommending the "B -1A" zoning, and the applicant also concurred with the `B -1A" district zoning. No one appeared in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. In response to Mr. Scott's question, Mr. Gunning stated the `B - 1A" district had stricter sign requirements as well. He added that future development along the frontage of Yorktown Road would probably be recommended for `B-1 A" zoning. Ms. Juarez polled the Council for their votes as follows: 16. ORDINANCE NO. 025999 Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trusts by changing the zoning map in reference to five (5) acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 10, Lots 12 and 13, from "R -1B" One -family Dwelling District to Tract 1 - "R-2" Multiple Dwelling District and Tract 2 - `B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting October 19, 2004 - Page 8 Case No. 0904-02, Kyle S. Williams: A change of zoning from a "R -1B" One -family Dwelling District to a "B-3" Business District. The property is on five (5) acres out of southwest corner of Survey No. 416, Abstract 838 and southwest corner ofa 100 -acre tract recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also recorded in Volume 321, Page 349 of the Deed Records of Nueces County, Texas, located on the east side of Rand Morgan Road and 600 feet south of McNorton Road. Assistant City Secretary Juarez stated the Planning Commission and staff recommended the denial of the `B-3" Business District, and in lieu thereof, approval ofa "B-1" District with a Special Permit for a mini -storage facility subject to five (5) conditions. Mr. Mike Winslow stated he owned a home next door to the subject property. He said he liked the area because it was secluded and quiet, and he objected to any business development because it would harm his property values. Mr. Gunning stated the 20 percent rule was in effect for this case because 65 percent of the landowners owning property within 200 feet objected to the zoning change, including the owners of the "I-2" Light Industrial Tract south of the subject property. He said the "I-2" property owners stated their intention was to develop the property as a future residential/mixed use development. In addition, a church in the area objected to the "B-3" district because it would allow bars, nightclubs, and other uses that would be detrimental to future residential development. Thus, Mr. Gunning reported the Planning Commission recommended the denial of the "B-3" district and in lieu thereof, the approval of the "B-1" Neighborhood District with a special permit to allow the mini -storage facility. Mayor Neal asked if the applicant intended to fill the entire lot with this facility. Mr. Gunning replied the applicant had indicated that only a portion of the property would be used for the mini -storage facility, but noted the applicant had not submitted a site plan yet. He said the applicant was waiting to see if the commission and the Council supported the mini -storage development before contracting for a site plan. Mr. Victor Gutierrez with Cohym, Rehm, & Gutierrez Engineers, spoke on behalf of the applicant. He said his client concurred with the Planning Commission's recommendation ofa `B-1" zoning district for his development. He remarked the subject property was a long, rectangular - shaped tract which was not conducive to residential development. In addition, he said the proposed development would provide a buffer between the residential development and the "I-2" district to the south which could introduce more intrusive types of development. He said the applicant believed the proposed mini -storage facility was an ideal use for the property which would not be detract from the neighborhood. Mr. Daniel Davis spoke on behalf of Anderson Oil, Limited, which owned the 500 acres south of the subject property. Mr. Davis stated his client has foreseen using this tract for residential development, and thus was concerned about any zoning change detrimental to residential areas. He said his client would prefer the zoning for the subject property to remain the same, but if the Council allowed the mini -storage use, it would be acceptable. Mr. Kelly asked what effect the proposed development would have on the drainage in the Minutes - Regular Council Meeting October 19, 2004 - Page 9 area. Mr. Gunning replied an area along the east side of Rand Morgan was a drainage corridor. He said the applicant's engineers will have to develop a drainage plan that meets city standards as well as the storm water quality management plan before their plat can be accepted. Mr. Kelly asked how the property naturally drained now. Assistant Director of Development Services Mary Frances Teniente replied it probably drained southeast toward a Clarkwood ditch on the south side of the McNorton subdivision. Depending on how the property was developed, she said a conveyance may need to be extended from the subject property to the main channel. In addition, the city would need to review the existing capacity of the McNorton to increase it if needed. Mr. Kelly asked if the city had an easement to extend the ditch to the neighboring property. Ms. Teniente replied negatively, saying the developer would have to acquire the property necessary for the conveyance. Mr. Scott asked if there was a screening requirement for the applicant's proposed development. Mr. Gunning replied all outside storage must be screened from view of public rights - of -ways and adjacent properties. He said the solid wood screening fence was required to be a minimum of 6 -feet high on the north and east property lines. Mr. Scott found it unusual that the applicant had not submitted a site plan despite the fact there were several drainage issues to address on the property. He asked if a mini -storage facility was considered a traditional neighborhood use. Mr. Gunning answered negatively, but noted if they were designed well, they could become a good use for residential areas. Mr. Kelly stated it was unrealistic to expect the Rand Morgan area to remain rural forever. He asked if the applicant was interested in speaking with his neighbors to see if they could come to an agreement. Mr. Glen Kost, a resident of the Rand Morgan area, asked if the proposed zoning change would allow for the development of sexually oriented businesses. Mr. Kelly answered negatively. Mr. Victor Gutierrez, speaking on behalf of the applicant, stated the applicant was interested in being a good neighbor. He asked the Council to table the case for two weeks to allow the applicant to discuss the matter with the neighborhood. He reiterated that a well -landscaped mini - storage would provide a good buffer if the southern property was developed for an "I-2" use. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Kelly made a motion to table this item until the November 9 meeting, seconded by Mr. Scott, and passed. The motion carried. 17. TABLED UNTIL NOVEMBER 9, 2004 6 wall ,11 ,c cwb vut Ot t1leSOU tI,wcot Col Ot SU1rcy NO. 416, ulunit 321,1'agc 349 of tltc IJcc d Kccucccs t ounty, 1 cnas, (ct,rraaly ub�L tO l,vc (J) wuUIua, a,uwUw6 tl,c l,vu,ll, w,u,uvc c cuetu,g c l,cutll,t tV, any Minutes - Regular Council Meeting October 19, 2004 - Page 10 Mayor Neal referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-03, CMS Construction Services, LLC: A change of zoning from a "R -1B" One -family Dwelling District to an "AT" Apartment Tourist District. The property is in Padre Island, Section E, Block 2, Lots 3, 4, 14, 15, and 18, located west of Leeward Drive, east of Aruba Drive, and south of Running Light Drive. Assistant City Secretary Juarez said the Planning Commission and staff recommended the approval of an "AT" Apartment Tourist District. No one spoke in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Assistant City Secretary Juarez polled the Council for their votes as follows: 18. ORDINANCE NO. 026000 Amending the Zoning Ordinance, upon application by CMS Construction Services by changing the zoning map in reference to Padre Island, Section E, Block 2, Lots 3, 4, 14, 15, and 18, from "R -1B" One -family Dwelling District to "AT" Apartment Tourist District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-05, The Coves at Lago Vista: A change of zoning from a "F -R" Farm -Rural District and "RE" Residential Estate District to a "RA" One -family Dwelling District. The property is on 130.52 acres out of Laureles Farm Tracts, Section 31 and 32, located south of Farm to Market Road 2444 and east of King Trail. Assistant City Secretary Juarez said the Planning Commission and staff recommended the denial of "RA" One -family Dwelling District, and in lieu thereof, approval of a Special Permit for half acre single-family residential lots subject to 21 conditions. Mayor Neal questioned the unusually large number of conditions (21) on the special permit. Mr. Gunning replied staff was working with extraordinary issues raised by the neighborhood association, King Estates. In addition, staff was trying to accommodate what they considered the reasonable development scenario proposed by the developer. Mr. Gunning highlighted the key points in the case. He said the applicant had requested a change in zoning to a "RA" One -family Dwelling District to allow for the development of a residential subdivision with half -acre minimum lots. The existing "RE" District required a minimum Minutes - Regular Council Meeting October 19, 2004 - Page 11 lot area of one acre, while the "RA" District allowed a minimum lot area of 15,000 square feet. He said due to the absence of city wastewater in the area, a private septic system will be required for each lot. Unfortunately, a minimum lot area of a half -acre for septic systems in an "RA" District is required by state law and by the city platting ordinance. Thus, the Planning Commission recommended the denial of the "RA" District and in lieu thereof, the approval of a Special Permit on Tracts 1 and 2 with 21 conditions. The 21 conditions essentially put in place all the requirements normally needed under "RE" District standards. Mr. Scott was concerned that this area did not have a wastewater system. City Manager Noe replied the city had plans to improve wastewater service to the areas north of Oso Bay. If the city included the areas south of the Oso, like the subject property, it would overload a number of facilities that were already planned for an upgrade. He said it was a difficult situation. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Assistant City Secretary Juarez polled the Council for their votes as follows: 19. ORDINANCE NO. 026001 Amending the Zoning Ordinance, upon application by the Coves at Lago Vista by changing the zoning map in reference to 130.52 acres out of Laureles Farm Tracts, Section 31 and 32, (currently zoned "F -R" Farm Rural District) by granting a Special Permit for half -acre single-family residential lots subject to twenty-one (21) 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, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett voting "No"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 20, a plan by Mr. Michael Manjarris to locate a sculpture garden in the Watergarden area. Mr. Manjarris reported the Park and Recreation Advisory Committee approved the sculpture garden concept at their August 11, 2004 regular meeting. Mr. Manjarris provided an overview of the sculpture garden plan to facilitate and enhance the Watergarden area with sculpture in a park -like atmosphere. He displayed a number of photographs of a model of the sculpture garden from three different viewpoints. A sculpture by artist Mark Di Suvero would be sited near the entrance of the Art Museum of South Texas. He said Mr. Di Suvero had provided the sculpture, valued at $2 million, on loan to the Art Museum of South Texas. Mr. Manjarris displayed photos of the Dallas Museum of Art's sculpture garden, known as the Nasher Sculpture Garden and Collection Building. He said the Nasher Sculpture Garden was a $370 million enterprise, while his proposal would provide the same caliber exhibition for $500,000. He said this was achievable because $30 million in infrastructure was already in place, Minutes - Regular Council Meeting October 19, 2004 - Page 12 and the world-class artists involved had provided their sculptures on loan. Mr. Manjarris showed photos of the selected works by the artists who had agreed to display their works in the sculpture garden as follows: Mr. Joel Shapiro; Mr. Mel Chin; Mr. Mark Di Suvero; and Mr. Richard Serra. He briefly described the background and professional experience of each artist. Mr. Chesney thanked Mr. Manjarris for his efforts to develop this concept. Mr. Manjarris expressed an interest in having the sculpture garden concept integrated with the other improvement efforts taking place on the bayfront. He asked that he be included in the dialogue because this project could be an additional attraction to the area. Mr. Noe stated Mr. Manjarris was seeking Council approval of the sculpture garden concept. Mayor Neal spoke in support of the sculpture garden as a general concept. Mr. Colmenero asked how long the artists had agreed to loan their works. Mr. Manjarris replied the loan period was approximately 5 to 10 years, with the exception of the Di Suvero piece. Mr. Di Suvero had asked for a year-to-year loan period, but he noted the Art Museum of South Texas was actively working with a foundation to purchase the piece. Mr. Scott mentioned he had seen two Mark Di Suvero pieces in the Washington D.C. sculpture garden. He was impressed with the way the sculpture garden served as a gathering place for the public. He spoke in support of the sculpture garden concept, and thanked Mr. Manjarris for his efforts. * * * * * * * * * * * * * The next presentation was Item 21, a fourth quarter FY 2003-04 budget/performance report given by Assistant City Manager of Support Services Oscar Martinez. Mr. Martinez noted the information included in the report was preliminary. He said the final audit report for FY 2003-04 was due in November. Mr. Martinez stated the report primarily focused on the 23 operating funds managed by the City of Corpus Christi. He said if one was to look at all the operating funds as a whole, the revenues exceeded the expenditures by approximately $5.4 million. Mr. Martinez reviewed the year-to-date FY 2003-04 general fund revenues. He said the total current revenues were going to exceed total expenditures by $2.8 million. He noted the franchise fee revenues were approximately $200,000 less than budgeted due to a reduction in lines by the telecommunication companies. The Other Revenue category, comprised of permits, licenses, and other miscellaneous activities, was slightly below projected revenues. He said the decrease was due to a decrease in the utilization of Latchkey services in the Park and Recreation Department, and latchkey expenditures were adjusted accordingly. Mr. Martinez discussed the year-to-date FY 2003-04 general fund expenditures. He noted most of the activities in the general fund were within budget with a few variations. He said street and solid waste services, for example, exceeded their budget by one percent due to overtime pay, temporary personnel costs, and increased fuel costs for increased landfill activity and brush Minutes - Regular Council Meeting October 19, 2004 - Page 13 collection efforts. In addition, there was a four percent overage in Development Services due to final settlement of invoices with previous electric provider for street lighting services. Finally, in the Non -Departmental category, Mr. Martinez noted expenditures came in at 67 percent of projected expenditures. He said the shortage was probably due to a line item establishing a reserve for compensation and merit increases, and those expenses were probably blended into the departments where those compensation and merit increases were incurred. In summary, Mr. Martinez said the general fund was characterized by an increase in ad valorem tax revenues of approximately $522,000 over projections, and sales tax revenues had also increased by approximately $621,000 over projections. He said there were significant measures being taken by staff to curtail overall operating costs. In fact, he said overall operating expenditures were approximately $2 million less than budgeted in FY 2003-04. The year end result was a preliminary net increase of $2.2 million in the unreserved fund balance. Mr. Martinez reviewed the year-to-date revenues for the enterprise funds. He pointed out that revenues for the water and gas departments were lower than expected due to the wet weather and the warm winter experienced last year. He noted that 2003-2004 was the first year of operation for the Development Services fund. In addition, he said the Development Services revenues reflected a 12 percent overage estimated in the budget, due to increases in permitting and zoning fees because of increased residential development. Regarding the ambulance fund, Mr. Martinez noted a one percent increase in revenues because call volume was higher than anticipated. He said revenues in the golf fund were lower than estimated in just about every revenue category because of less rounds being played. Finally, he noted the marina fund was slightly lower than projections because of the seawall construction project. Mr. Noyola expressed concern about the state of the golf fund. He asked staff if the reinstatement of the monthly cart program had yielded any results. Director of Park and Recreation Sally Gavlik replied there had been only a modest increase in program sales. She thought the irrigation construction project at the Gabe Lozano Golf Course had also negatively affected revenues. Mr. Noyola stated the city may want to consider lowering its fees to attract more golfers, since the city was facing stiff competition from other golf courses and the condition of the city's courses were less than ideal. Mr. Scott disagreed, saying the city should maintain the current fee structure for the next few years. He said once the bond package passes, the city was going to invest more money into the courses to improve the quality. He felt the market fluctuated over time, and once the city golf course improvements were made, the course fees would be more competitive. Mr. Noyola stated the Gabe Lozano Course was in worse shape than the Oso Golf Course, and he said more revenues should be expended to bring the Gabe Lozano course up to standard. City Manager Noe added there were two sides to the golf course situation - how to build play by marketing our courses, and how to maintain our courses to the highest level we can for the lowest cost. He said the answer would involve efforts on both sides. Mr. Colmenero spoke regarding the Latchkey program, saying the city may want to consider spending more dollars for promotion to prevent loss of revenues. Ms. Gavlik replied the Park and Recreation staff was evaluating each of the Latchkey sites to determine the participation levels. She said staff was going out to the sites with lower participation levels which, nevertheless, expressed an interest in keeping the site open. She said staff was attending PTA meetings, and using other forms of advertising and promotion to increase participation, with the understanding that the site Minutes - Regular Council Meeting October 19, 2004 - Page 14 could be closed with two months notice if the efforts failed. Mr. Colmenero expressed concern about closing any Latchkey sites because of the detrimental effect it may have in economically distressed areas of the city. He asked staff to enhance their efforts to increase participation. Ms. Gavlik answered staff would look at that, and also suggested finding alternate funding to offer scholarships in economically disadvantaged areas. Mr. Kinnison mentioned a recent court case in which cable companies had won the right not to pay franchise fees for internet-related services. Although the decision was being appealed, He asked Mr. Noe to look into the potential financial impact this could have on the city. In addition, Mr. Kinnison asked for a list of Latchkey sites that were being considered for closure. Finally, Mr. Kinnison asked when the Council could expect to see a performance report on the first quarter of the FY 2004-05 budget. Acting Director of Management and Budget Debbie Marroquin reported the first quarter report for FY 2004-05 would be ready in early December. Mr. Kinnison asked staff to aim to provide the report for the December 9 Council meeting. Mr. Martinez reviewed the year-to-date expenditures for the enterprise funds. He noted the ambulance fund had exceeded the projected expenditures by four percent due to increased call activity. Mr. Martinez provided a summary of the combined utilities, stating there were lower water sales and gas sales due to unseasonable weather. The year end result was the programmed draw down of the fund balance for gas and water. The remaining enterprise funds remained stable, however, and reflected increased fund balances with the exception of the ambulance fund. Mr. Noe added the utility fund balances provided adequate reserves to handle fluctuations in the budget due to unseasonable weather, preventing the need for fee increases. Mr. Martinez reviewed the year-to-date revenues in the internal service funds. He highlighted an increase in revenues in the stores division, but said it was offset by an increase in expenditures for warehouse sales. In addition, he said the maintenance services fund showed a slight increase over budgeted revenues. The engineering services, however, only yielded 92 percent of projected revenues because of less engineering services being provided to other governmental agencies as well as other departments within the city. The risk management fund also shows less revenues, but this is more than likely due to less contributions by employees because of job vacancies. The good news was, however, that expenditures were lower than expected primarily because of more favorable claims experience and an improved network system. Mr. Colmenero asked for clarification on how much money the gas department had budgeted for Operation Heat Help in the enterprise funds. It appeared they had budgeted $226 in FY 2003-04 while in FY 2002-03, they had spent $5,389. Acting Director of Management and Budget Debbie Marroquin replied the gas department did not budget as much for Operation Heat Help because staff was administering the program in-house, instead of hiring outside help as in years past. Mr. Colmenero asked for a report breaking down how much of the costs were absorbed by the department compared with the amount invested to the community. In summary of the risk management fund issues, Mr. Martinez stated self insurance claims, workman's compensation claims, and group health self insurance claims were all lower. By contrast, insurance policy premiums were higher, but the year end result was an improved year end position Minutes - Regular Council Meeting October 19, 2004 - Page 15 compared with earlier budget estimates. Mr. Martinez reported on year-to-date revenues for the special revenues funds. He said hotel occupancy tax revenues were slightly lower than budgeted, but were higher than last year. In Reinvestment Zone #1, there were more revenues incurred thanks to tax receipt collection of delinquent taxes and penalties. By contrast, Reinvestment Zone #2 showed less collection of delinquent taxes and penalties, resulting in a decrease in revenues. Regarding special revenue fund expenditures, Mr. Martinez said Reinvestment Zone #1 exceeded budgeted expenditures by ten percent, but noted this was the last year the fund would exist. Thus, the balance was reallocated to the general fund. He also highlighted the Business and Job Development fund, which showed a relatively low expenditure rate of 54 percent. Mayor Neal asked if the city would be able to come closer to meeting the CAFR deadline this year. Director of Finance Cindy O'Brien answered affirmatively. Mayor Neal also thanked City Manager Noe for emphasizing the importance of reducing operating costs. 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. Sirfrederickvon USA King 7th, 905 Cleveland St. #4, spoke regarding the use of off duty policemen as taxi drivers at the airport to increase homeland security. Mr. Peter Torres, 302 Foster, spoke regarding speeding and heavy traffic volumes on Santa Fe Drive which he believed was occurring due to rerouted traffic avoiding the hospital zone on Alameda Street. Mr. Scott and Mr. Chesney asked for data showing the number of pedestrians crossing Alameda Street warranted the use of the hospital zone. He also asked for a list of citations for speeding on Santa Fe Drive and Ocean Drive given out within the last six months during the hours of 10:00 p.m. to 6:00 a.m. He also asked if the police department had issued any citations using the new statute allowing for more stringent penalties for drag racing. Finally, he asked staff to investigate whether the current realignment of Alameda Street in the hospital zone was safe for drivers going 35 mph. Mr. Chesney also asked for any data showing that traffic was being diverted from Alameda Street to Santa Fe Drive to avoid the hospital district. Ms. Sherry Dunlap, 5825 Hopkins, spoke regarding the implementation of the Animal Care Action Control Plan, saying certain elements were omitted. Mr. Emile Bolden, 5602 Palo Verde, and Ms. Cruz Ruiz Colomo, 4225 Collage, spoke against the Cable Communications Commission's decision to decertify NuPAC, and asked the Council to stop the interim board from running the upcoming lottery until the appeal process was complete. A discussion ensued over who should run the PAUG until the appeal process is over. Mr. Noe said the minimum operations of Channel 10 would be maintained until the appeal was heard. Mr. Chesney also asked staff to meet with the PAUG once more before the appeal date to see if an agreement could be reached. He was reluctant for the Council to hear the appeal, set for next Tuesday's Council meeting. Mr. Noe replied staff would set a meeting, but it would probably not Minutes - Regular Council Meeting October 19, 2004 - Page 16 make a difference in the outcome. Mayor Neal asked the city attorney for specific guidelines on what rules of order the Council would be expected to follow for the appeal. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 24. Executive session under Texas Government Code Section 551.071 regarding Tomas Duran vs. City of Corpus Christi, et al., C.A. No. 04 -500 -CV, in United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 25. Executive session under Texas Government Code Section 551.071 regarding Yehuda Azoulay vs. City of Corpus Christi, Cause No. 04-4180-D, in the District Court, 105`s Judicial District, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from recess. The final presentation was Item 22, a fourth quarter report on the health benefits/risk management fund. Director of Human Resources Cynthia Garcia displayed a chart illustrating that claims activity for FY 2004 was leveling out. She said this would allow staff to better estimate claims activity trends, but more time was needed for study. The next chart delineated the number of dollars by plan per month, including prescriptions. The $14,700,000 amount paid for the year resulted in a reduction of between 14 percent to 22 percent, depending on the plan, compared with FY 2003. The decreased amount can be attributed in part to increases in Citicare copays, and increases in out-of-pocket amounts, as well as the change in networks. She described this decrease as a one-time event because the benefit package and the network remained the same for FY 2005. In addition, she said stop loss costs have increased in FY 2005 by 16 percent, and medical inflation costs continued to rise. Ms. Garcia discussed a cost per claim chart showing a $210 per claim cost for FY 2004, compared with $233 per claim cost in FY 2003. The cost per employee per plan was $3,864 for Citicare, $4,602 for Fire, and $6,067 for Public Safety. She said staff was hoping to negotiate with the fire and police unions to reduce costs. Ms. Garcia stated this year's performance has allowed staff to fund a portion of the reserve amount recommended by the city's actuaries for the incurred but not recorded claims, and for the purposes of acting as a shock absorber for years with exceptionally high claims numbers. The reserve could also be used as a hedge against the impact of inflation on premiums. Regarding workers' compensation, Ms. Garcia said the figures for the year showed the continued reduction in the number of claims, going from 1,220 in FY 2002, 1,117 in FY 2003, to 1,070 in FY 2004. She said the amount incurred for FY 2004 was also down from previous years. Minutes - Regular Council Meeting October 19, 2004 - Page 17 Ms. Garcia discussed a slide showing dollars paid in current year for prior years' claims. She said there continued to be a large dollar amount being paid for claims for prior years, approximately $797,898 paid this year for claims paid in 2000 or earlier. Ms. Garcia referred to a chart depicting year-to-date claims count comparison by department. She said police, fire, and solid waste services continue to be the top three departments. She said the number of overall claims was done in police, gas, and water. The incurred cost comparison by department chart showed that solid waste, fire, wastewater, streets, gas, and All Other categories lowered their incurred costs compared with FY 2003. The claims count by type of injury chart demonstrated that contusions, strains, and sprains continue to be the most common type of injuries, comprising 462 of all injuries occurring last year. Ms. Garcia reviewed a chart showing the city's performance in FY 2004 for general liability. While the number of claims fell as of July 31, 2004, as compared with the previous years claims, from 925 to 900, the incurred costs for these claims increased to just under $1,000,000. She said the amount paid in 2004 for previous years' claims was $1,725,000, $812,504 of which can be attributed to the police department. Ms. Garcia discussed a chart depicting the types of claims for the period ended July 31, 2004 which demonstrated that vehicle damage, police -related, and personal injuries were the claim types that increased. In conclusion, Ms. Garcia stated the city budgeted $3,166,000 for the claims payments in 2004, based on actuarial recommendations. She said the actual amount paid in 2004 was $2,110,000. Mayor Neal remarked public safety costs for both workers' compensation and health care were excessive compared with other departments. He asked what staff was doing to address the problem. Ms. Garcia replied in terms of general liability, staff was working with the police department to improve the physical condition of the police officers, as well as teaching better driving habits. She said Police Chief Alvarez was committed to reducing the costs as well. Mr. Garrett asked if the city still had an accident review board. Mr. Noe responded affirmatively, referring to a report in the Council's packet providing information on the board's work to date. He said vehicle accidents were a significant issue, and advocated more employee training and possibly incentives for safe performance. Mr. Garrett also asked about complaints about high health insurance premiums for retired firefighters. Mr. Noe replied staff evaluates the premiums and makes adjustments based on the plan. He said the fire and police plans both had higher increases than Citicare because of the generosity of their benefits. Ms. Garcia added the trust funds managed by each of the unions was being used to pay for their employee premium costs. Mr. Garrett asked if public safety employees had the option to move to Citicare. Ms. Garcia replied they were no longer given the option to move to Citicare when they retire. Health Benefits Minutes - Regular Council Meeting October 19, 2004 - Page 18 Manager Quentin Masters added a concern about allowing retirees to move from plan to plan was they tend to increase the risk pool of the plan they move into. Mr. Garrett said there was a perception among the firefighter retirees that they were on a separate plan from other association members. Mr. Masters replied negatively, saying they were MI exactly the same plan as anyone else in their association, although he said once the retiree turns 65 years of age, Medicare becomes the primary payer on the claim. Mr. Garrett asked staff to clear up this misconception with the retirees. Mr. Noyola asked if fire and public safety retirees could move their spouses to another plan. Mr. Masters replied negatively, saying the dependent's right to be in the health plan existed because of the city employee. Mr. Noe added that staff could look at allowing individuals to move from higher cost plans to lower cost plans. Mr. Noyola asked staff to speak with the fire association meeting to speak with retirees about their benefit options. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, a contract for a sculpture for the baseball stadium, as part of the Percent for Art Program. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 23. MOTION NO. 2004-391 Motion authorizing the City Manager or his designee to execute a contract with Seth Vandable for the design, fabrication, installation and purchase of a sculpture, "For the Love of the Game" in the amount of $150,000 as part of the Percent for Art Program associated with the Whataburger Baseball Stadium Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe reported an electronic town hall meeting would be held today at 6:00 p.m. regarding the thirteen propositions on the city ballot. Tomorrow evening, an informational meeting would be held at Meadowbrook Elementary School at 6:30 p.m. to discuss drainage improvement work in the area. He announced the following items were scheduled for next Tuesday's agenda: appeal on the cable designation; a contested zoning case; and a presentation on the Conquer the Coast bicycle race. Mayor Neal asked if the city had addressed the problems with the beach permits. Mr. Noe replied the City of Port Aransas will be providing information on their programs. Once the information is received, the city will forward the information to the state. Mayor Neal also asked Mr. Noe to improve the city's system for reporting graffiti. Mayor Neal called for Council concerns and reports. Mr. Chesney asked Mr. Noe to look into the angle of the seats at the baseball stadium along the first base line. He also stated an article Minutes - Regular Council Meeting October 19, 2004 - Page 19 in the newspaper today claiming the coliseum was going to be designated for use by a major sporting goods store was presumptuous. Mr. Noe replied the city did not have a deal with any company, and there have no discussions yielding a firm deal on any project. He said he would speak with the Caller -Times about it. Mr. Noyola asked if the city had extended the school zone in front of Galvan Elementary School. City Engineer Escobar replied staff had taken the request to the Transportation Advisory Committee yesterday, and would be bringing the item to the Council soon. In addition, Mr. Escobar said staff had spoken with the principal of Galvan Elementary, and the school was rerouting the way parents dropped children off to increase efficiency. Mr. Noyola asked for a status report on a beautification project in front of the airport, which he says has completely stopped. He also stated he had asked for data on the number of citations given out at school zones about two months ago, but still had not received it. Mr. Noe said he would look into it. Finally, Mr. Noyola said he had heard a report that there was a possibility a toll road was being built on the Crosstown Expressway. Mayor Neal answered negatively. Mr. Noyola asked if the plan was to leave three lanes. Mayor Neal answered affirmatively. Mr. Colmenero referred a letter to Mr. Noe from Ms. Norma Reina to add speed bumps on her street. He also stated constituents on the 800 and 900 block of Elizabeth Street were reporting a problem with vehicles parking on the sidewalk, and problems with high weeds as well. Finally, he said he had received many calls from citizens complaining about the requirement to transfer opossums to animal control in their personal vehicles. He asked staff to look into it. Mayor Neal announced early voting began yesterday. He encouraged citizens to study the issues by reviewing the information on the bond proposals and charter revision proposals. He asked everyone to exercise their right to vote during early voting or on November 2. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:38 p.m. on October 19, 2004. * * * * * * * * * * * * *