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HomeMy WebLinkAboutMinutes City Council - 12/21/2004I 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 December 21, 2004, which were approved by the City Council on January 11, 2005. WITNESSETH MY HAND AND SEAL, on this the 11th day of January, 2005. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 21, 2004 - 10:05 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 Jesse Noyola Mark Scott ABSENT Council Member Rex Kinnison 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 Pastor Shane Kinnison of the Parkdale Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. 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 December 14, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-22). City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items 21 and 22, and Mr. Scott was abstaining from the vote and discussion on Item 14. Mr. Bill Kopecky, 4609 Topeka, requested that Item 17 be discussed. Council members requested that Item 2 be discussed. A motion was made and passed to approve Items 2 through 22, constituting the consent agenda, except for Items 2 and 17, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 21, 2004 - Page 2 3. MOTION NO. 2004-458 Motion approving a supply agreement for the lease of an office trailer with GE Capital, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0039-05 based on only bid for an estimated first year expenditure of $37,686.60 of which $33,572 is budgeted for FY 2004-2005. The term of the lease is for twelve months with an option to extend the lease for up to four additional twelve month periods subject to the approval of the City Manager or his designee. The trailer will be used by the Wastewater and Water Departments. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 4.a. RESOLUTION NO. 026076 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Commission of the Arts in the amount of $2,500 in the No. 1067 Park and Recreation Grants Fund to be used for the Corpus Christi Festival of the Arts 2005. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 4.b. ORDINANCE NO. 026077 Ordinance appropriating a grant from the Texas Commission of the Arts in the amount of $2,500 in the No. 1067 Park and Recreation Grants Fund for the Corpus Christi Festival of the Arts 2005. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 5.a. RESOLUTION NO. 026078 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $10,000 for the Coordinated Community Approach to Promote Wellness (CCAPWeII) Consortium for University of Texas at Austin staff to review and evaluate a community survey data concerning nutrition aspects of obesity health problems. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 3 5.b. ORDINANCE NO. 026079 Ordinance appropriating a grant in the amount of $10,000 from the Texas Department of Health in the No. 1067 Park and Recreation Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) Consortium for University of Texas at Austin staff to review and evaluate community survey data concerning nutrition aspects of obesity health problems. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 6.a. RESOLUTION NO. 026080 Resolution authorizing the City Manager or his designee to accept an amendment to the current Immunization grant from the Texas Department of State Health Services (DSHS) in the amount of $96,233 for personnel costs, fringe benefits, travel, and supplies for an immunization program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 6.b. ORDINANCE NO. 026081 Ordinance appropriating an amended grant from the Texas Department of State Health Services in the amount of $96,233 in the No. 1066 Health Grants Fund for personnel costs, fringe benefits, travel, and supplies for the immunization program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 7. MOTION NO. 2004-459 Motion authorizing the City Manager or his designee to execute Amendment No. 10 for engineering services with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the amount of $222,000 for design phase services for the Cefe F. Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 4 8. MOTION NO. 2004-460 Motion authorizing the City Manager or his designee to execute Amendment No. 17 to the Contract for Professional Services with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas in the amount of $67,500 for the Major Storm Water Outfalls. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 9. MOTION NO. 2004-461 Motion authorizing the City Manager or his designee to execute Change Order No.6 with King Isles, Inc., of Corpus Christi, Texas in the amount of $167,714.69 for twenty-seven (27) additional manholes as part of the Broadway SSO-I/I and Rehabilitation Stage 2 project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 10. MOTION NO. 2004-462 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the construction contract with Specialized Maintenance Services of Pasadena, Texas, for the Greenwood Sanitary Sewer Trunk Main Cleaning Project in the amount of $74,875 for a total restated fee of $818,146 for the rehabilitation of the existing 10 -inch diameter cast iron sanitary sewer line under State Highway 286 Crosstown Expressway at Segrest Street and an existing 10 -inch diameter cast iron sanitary sewer line under IH 37 at Savage Lane. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 11. MOTION NO. 2004-463 Motion authorizing the City Manager or his designee to execute Change Order No. 8 with Laughlin -Thyssen, Inc., of Houston, Texas, in the amount of $139,612.26 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 11 (Filter Drain, Yard Piping, Wash Water Filter to Waste) Project and Padre Island Pump Station Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 5 12. MOTION NO. 2004-464 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P., also known as COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738 containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 13.a. ORDINANCE NO. 026082 Ordinance authorizing the City Manager or his designee to execute Land Exchange Deeds with the Coastal Bend Bays and Estuaries Program, Inc. (CBBEP) for the exchange of tracts of land as part of the Rincon Bayou Diversion Pipeline Project (#8416). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 13.b. MOTION NO. 2004-465 Motion authorizing the City Manager or his designee to pay the amount of $69,631.90 to the Coastal Bend Bays and Estuaries Program, Inc. (CBBEP), being the difference in value of the acreage and associated costs of acquisition for 64.277 acres owned by the CBBEP which are to be exchanged for 47.37 acres owned by the City of Corpus Christi as part of the Rincon Bayou Diversion Pipeline Project (#8416). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 13.c. RESOLUTION NO. 026083 Resolution authorizing the City Manager or his designee to execute a Management Agreement with the Coastal Bend Bays and Estuaries Program, Inc. for management of property in connection with the Rincon Bayou Diversion Pipeline Project (#8416). The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 6 14.a. MOTION NO. 2004-466 Motion authorizing the City Manager or his designee to execute a joint acquisition agreement with the Coastal Bend Bays and Estuaries Program to purchase 77.707 acres from Carr Ranches, Limited, et al, in the acquisition amount of $485,300 with the Coastal Bend Bays and Estuaries Program providing $288,752, the City providing $114,302.50 (including $3,054.50 of closing costs) and the Carr family donating $85,300 in land value. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Kinnison was absent; Scott abstained. 14.b. RESOLUTION NO. 026084 Resolution authorizing the acquisition of 33.515 acres of land from the Carr Ranches, Limited, et al, in the amount of $208,000 utilizing funds from a Coastal Impact Assistance Program Grant through the Coastal Coordination Council. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Kinnison was absent; Scott abstained. 15. MOTION NO. 2004-467 Motion authorizing the City Manager or his designee to amend the scope of work for the FY 2002 Community Development Block Grant Southmoreland Addition Area Street Improvement Phase 3B and 4B project and FY 2003 Community Development Block Grant Southmoreland Addition Area Street Improvements Phase 3B project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 16. MOTION NO. 2004-468 Motion authorizing the City Manager or his designee to execute a twelve-month software maintenance agreement with Infosol, Inc., of Bellaire, Texas in an amount not to exceed $41,299.05. Included in this agreement is maintenance and support for the CourtHouse software currently being utilized by the Municipal Court. This vendor qualifies as sole source support as they are the only vendor providing support for the City's Municipal Court application CourtHouse, past June 30, 2006. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 7 18. ORDINANCE NO. 026086 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Country Creek Partners, Inc., developer of Country Creek Unit 6, for two separate bridge structures (A) on County Road 41 and (B) on South Oso Parkway, both approximately 300 linear feet north of South Staples, in accordance with the Platting Ordinance, of which the City's share of costs shall not exceed $215,031.83. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 19. ORDINANCE NO. 026087 Ordinance abandoning and vacating a 4,447 square -foot portion of a l0 -foot wide utility easement out of Lots 19 thru 24, Block 5, Saxet Heights No. 2 and Lot 1, Saxet Community Center Annex "A"; requiring the owner, Corpus Christi Independent School District, to comply with the specified conditions and owner requesting an extension to replat within 180 days at owners expense. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 20. ORDINANCE NO. 026088 Ordinance abandoning and vacating a 2,725 -square foot portion of a 10 -foot wide utility easement out of Lot 3, Block 1, Country Creek Unit 2; requiring the owner, Mr. Shane Gray, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 21. MOTION NO. 2004-470 Motion authorizing the City Manager or his designee to sign an agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) for Airport Business Development Services. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Scott, voting "Aye"; Kinnison was absent; Noyola abstained. Minutes - Regular Council Meeting December 21, 2004 - Page 8 22. FIRST READING ORDINANCE Authorizing the City Manager or his designee to amend the Long Term Lease Agreement with Host International, Inc., to provide for a storage area within the cargo facility at Corpus Christi International Airport at a rental rate which may change each fiscal year in accordance with airline rates and charges. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Scott, voting "Aye"; Kinnison was absent; Noyola abstained. Mayor Neal opened discussion on Item 2 regarding a supply agreement for armored courier service. Mr. Noyola asked if staff had contacted any local vendors during the bid process. Mr. Michael Barrera, procurement and general services manager, replied that two local companies were contacted, but they did not respond. He pointed out, however, the company that was awarded the contract, AT Systems Southwest of Harlingen, TX, did have a local office with local employees. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2004-457 Motion approving a supply agreement with AT Systems Southwest of Harlingen, Texas for armored courier service in accordance with Bid Invitation No. BI -0036-05 based on most advantageous bid for an estimated annual expenditure of $32,247. The term of the supply agreement will be twelve months with an option to extend for up to two additional twelve- month periods subject to the approval of the supplier and the City Manager or his designee. This service will be used by the Police, Health, Finance, Park and Recreation, Solid Waste, Aviation Departments and Municipal Court. Funds have been budgeted in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal opened discussion on Item 17 regarding the refunding of a portion of the city's utility system revenue bonds. He asked staff to provide more information on this item. Director of Financial Services Cindy O'Brien replied that historically low interest rates in the stock market have presented a good opportunity for the city to refund a portion of their older bonds. She asked Mr. Mark Seale with M.E. Allison, the city's financial advisor, to further discuss the transaction. Mr. Seale reported his firm has constantly been reviewing the city's outstanding debt to find any refinancing opportunities. At this time, he said staff was recommending the refunding of $74 million in utility system revenue bonds, generating $3.1 million in savings in today's market, or over 4 percent savings. Mr. Bill Kopecky, 3609 Topeka, did not feel this item was appropriate for the consent agenda, and also urged the Council to defer this item until the completion of the comprehensive annual financial report (CAFR) to determine the 2004 utility fund balance. He said there could be opportunities for the city to retire a portion of their debt, rather than refund debt. Mr. Noe replied the city retires debt every year in the form of bond payments. In addition, he said the rate model assumes that the city draws down the utility fund balance over a period of time to accomplish the Minutes - Regular Council Meeting December 21, 2004 - Page 9 city's capital program and pay O&M costs over time. He said deferring this item at this time would risk the city's potential for savings, and did not feel this was in the ratepayers's best interests. Mr. Colmenero asked Mr. Noe to provide a brief report on the debt the city has retired recently. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: 17.a. ORDINANCE NO. 026085 Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005, in an aggregate principal amount not to exceed $75,000,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 17.b. MOTION NO. 2004-469 Motion authorizing the appointment of M.E. Allison as Financial Advisor; Morgan Stanley as Senior Manager; RBC Dain Rauscher as Co -Manager and McCall, Parkhurst, and Horton as Bond Counsel, for City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1104-01, Jon Roel Investments: A change of zoning from a `R -1B" One -family Dwelling District to a "R-2" Multiple Dwelling District resulting in a change of land use from single family dwelling to multiple family dwelling. The property is 0.43 acre out of Montrose Park Addition Block 4, Lots 4 and 5 located at the southwest corner of Highland Avenue and Hibiscus Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R-2" Multiple Dwelling District. 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: Minutes - Regular Council Meeting December 21, 2004 - Page 10 23. ORDINANCE NO. 026089 Ordinance amending the Zoning Ordinance, upon application by Jon Roel Investments by changing the zoning map in reference to 0.43 acre out of Montrose Park Addition, Block 4, Lots 4 and 5, from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 24, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1104-03. City of Corpus Christi Landmark Commission: A change of zoning from an "1-2" Light Industrial District to an "I-2" with a "HC -I" Light Industrial District with Historical -Cultural Landmark Preservation resulting in a land use change from light industrial to light industrial with landmark preservation. The property is in La Gloria Subdivision, Block E, Lots 3, 4, 5, 6, 7, 8 and 9, located along the southwest corner of Morgan Avenue and Bright Street. City Secretary Chapa said the Planning Commission and staff recommended the approval ofthe "I-2" Light Industrial District with "HC -1" Light Industrial District with a Historical -Cultural Landmark Preservation overlay. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Noyola spoke in support ofthe zoning change, saying it would honor the memory of Dr. Hector P. Garcia by preserving his former office for posterity. Special Assistant to the City Manager Tom Utter added the local historical designation would allow the city to apply Community Development Block Grant (CDBG) funds to the project. He also reported the city was seeking a state historical marker, but this was a much more extensive project with a longer time frame. Mr. Amador Garcia with the American GI Forum, speaking on behalf of the Dr. Hector P. Garcia Foundation and the Garcia family, thanked the city for honoring Dr. Hector's memory in this way. He said they would make the site a source of pride for the community. Mr. Kelly spoke in support ofthe project, remarking that the CDBG funds would be essential to restoring the building so it would be an appropriate memorial to Dr. Hector's role in the civil rights movement. Mr. Colmenero asked if the Council should consider passing a resolution to support the state historical marker designation and possibly obtain more funding. Mr. Utter replied the Nueces County Historical Commission was charged with making the recommendation for a historical marker designation to the state, and city staff and the Landmark Commission were working with Minutes - Regular Council Meeting December 21, 2004 - Page 11 them to achieve this long-term goal. He did not anticipate any opposition to the state designation. At this point, Mr. Utter said the principal funding for the project would come from CDBG funds, so he did not think a resolution was necessary. He said the Council could expect a request for CDBG funding in April or May 2005 for exterior and interior renovations to the site. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 026090 Amending the Zoning Ordinance, upon application by City of Corpus Christi Landmark Commission by changing the zoning map in reference to Lots 3, 4, 5, 6, 7, 8, and 9, Block E, La Gloria Subdivision, from "I-2" Light Industrial District to "I-2" with "HC -I" Light Industrial District with Historical -Cultural Landmark Preservation; 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, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 25, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1104-04, Educational Development Company, Charles Frazier: A change of zoning from a "R -1B" One -family Dwelling District and "T -1B" Manufactured Home Park District to a "B-4" General Business District. The property is 29.07 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 4-6 and Joslin Tract Block A, Lot 11, located north of South Padre Island Drive, west of Ennis Joslin Road and south of McArdle Road. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business District. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott commented this zoning case was a great example of what a growing university can contribute to the community. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 21, 2004 - Page 12 25. ORDINANCE NO. 026091 Amending the Zoning Ordinance, upon application by Educational Development Company, Charles Frazier, by changing the zoning map in reference to 29.07 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 4-6, and Joslin Tract Block A, Lot 11, from "R -1B" One -family Dwelling District and "T -1B" Manufactured Home Park District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1104-05, Tim Voorkamp: A change of zoning from a "R -1B" One -family Dwelling District to an "I-2" Light Industrial District, resulting in a land use change from single family dwelling to light industrial. The property is 23.40 acres out of Bohemian Colony Lands, Section 6, Lot 2, located along the northwest corner of Greenwood Drive and Saratoga Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "I-2" Light Industrial District. No one spoke in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 026092 Amending the Zoning Ordinance, upon application by Tim Voorkamp by changing the zoning map in reference to 23.40 acres out of Bohemian Colony Lands, Section 6, Lot 2, from "R -1B" One -family Dwelling District to "I-2" Light Industrial 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, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 27, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting December 21, 2004 - Page 13 Case No. 1104-06, City of Corpus Christi: A change of zoning from the current zoning district to the current zoning district with an "IO" Island Overlay District. Being a portion of the North Padre Island Development in Corpus Christi, situated in and out of Nueces County, Texas: bounded on the north by the Laguna Madre and Packery Channel, from the relief channel bridge on Park Road 22 to State Highway No. 361 excluding those portions of Padre Island No's. 1 & 2 lying easterly of Sand Dollar Avenue and Playa Del Rey Drive, Highway No. 361, from Packery Channel to Zahn Road and Zahn Road from Highway No. 361, to the Gulf of Mexico; on the east by the Gulf of Mexico; on the south by the Nueces County, Kleberg County line; and on the west by Palmira Avenue from the county line to Whitecap Boulevard, Whitecap Boulevard to the Padre Island golf course, excluding Lots 1 through 7, Block 191 and Lots 1 thru 15, Block 192, Padre Island No. 4, portions of the eastern boundary of the Padre Island golf course and generally those portions of other properties in close proximity to the western right-of-way of Park Road No. 22, excluding Eagle Run Condo Unit A and a 3.86 acre tract out of Lot 1, Block 27B of the Island Fairway Estates, to the relief channel bridge on Park Road 22, all as shown on the accompanying map. 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. Mr. Scott asked Director of Development Services Barbara Bailey if she had spoken with Mr. Zarsky about the effect the zoning change would have on his property. Ms. Bailey replied affirmatively. City Secretary Chapa polled the Council for their votes as follows: 27. ORDINANCE NO. 026093 Amending the Zoning Ordinance, upon application by City of Corpus Christi by changing the zoning map in reference to approximately 1,786 acres, including approximately 1,061 acres of a "No Vinyl" area, in and out of the North Padre Island Development at Corpus Christi, Texas, from its current zoning district to its current zoning district with an "10" Island Overlay District, as shown on the attached map and description; 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, Noyola and Scott, voting "Aye"; Kinnison was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 28, a report on an initiative effort by 50 registered city voters proposing an ordinance to reduce unwanted and uncared for animals in the city. City Secretary Chapa explained the initiative process, allowed under Article I, Section 4 of the city charter, stated the Council had 45 days from today's date to consider adopting the ordinance as presented. If the Council did not adopt the ordinance as presented or if they took no action within the 45 -day period, the city secretary was required to provide petition pages to the proponents for circulation among the city's registered voters. The proponents would have 90 days to gather sufficient signatures (five percent of registered voters) to Minutes - Regular Council Meeting December 21, 2004 - Page 14 force an election on the matter. If a valid petition was submitted, the election to adopt or reject the proposed ordinance would be called during the April 2007 City Council election. City Manager Noe stated staffs recommendation was the Council take no action at this time, but refer the matter to the Animal Care Advisory Committee for their recommendations, to be presented in January in time for the Council to meet their 45 -day deadline. The Council concurred with staffs recommendation. * * * * * * * * * * * * * The second presentation was Items 29, a critique and evaluation of current codes related to the Unified Development Code, as presented by Mr. Lee Einsweiler with Duncan Associates, the city's consultant. Mr. Noe mentioned a formal presentation had already been made to the Planning Commission. Mr. Einsweiler stated the purpose of today's presentation was to obtain the Council's direction and guidance on the more significant policy questions raised by this critique of existing regulations. The critique reflected the consultant's discussions with stakeholders, staff, Planning Commissioners, and Council members, as well the consultant's sense of the best planning practices. Mr. Einsweiler explained the presentation would cover four major topics as follows: a project overview; key issues from the critique; the Planning Commission's role; and the next steps in the process. Beginning with the project overview, Mr. Einsweiler discussed the initial project direction Duncan Associates had received from the city. They were charged with drafting a Unified Development Code, in effect combining the subdivision and zoning ordinances and other materials affecting development regulation in the community into a single, unified document. In addition, they were challenged with the following tasks: simplify development review; encourage creative design; maintain legal soundness; and modernize formatting and layout of the document. Mr. Einsweiler reviewed the UDC work plan, which was estimated to last approximately 16 to 18 months. He said they were currently in the assessment report stage, which directly preceded the code drafting stage. It was important during this stage to ensure that the consultant had the right intent before drafting the document. Thus, Mr. Einsweiler said the critique was designed to help the city and the consultant reach agreement on regulatory changes before the actual drafting began. He asked the Council to provide direction on those changes they found problematic so those issues could be pulled from the document for further discussion. To formulate the critique, Mr. Einsweiler reported the consultant conducted stakeholder interviews with various interested groups, such as city staff, elected and appointed officials, development professionals, and business leaders. In addition, they conducted field surveys of the downtown area, Padre Island, and suburb areas. Mr. Einsweiler characterized the Unified Development Code (UDC) as a single, unified document comprised of zoning, platting, and development standards (parking, landscaping, etc.). In essence, he said it was a "one-stop" regulatory package. By contrast, he said a UDC was not a Minutes - Regular Council Meeting December 21, 2004 - Page 15 form of tax policy, annexation or CIP policy, or a replacement for the building code (but should be consistent). Mr. Einsweiler highlighted the areas in the existing regulations that should be addressed before the drafting period. They recommended simplifying the procedures section of the code by eliminating the repetition of common elements. He said, for example, ifa preapplication conference was required for six different possible procedures, then it was only necessary to describe it once, using cross-references in other materials. Other common procedures include a completeness determination, public notice and hearing, and appeals. Simplifying the use of common procedures would lead to a more concise document. Mr. Einsweiler displayed a table outlining the city's current summary of authority for various administrative procedures. One of the most important aspects of streamlining the authority was to allow for the decision making points in the process to occur at the lowest possible hierarchical level the city could tolerate. Admittedly, he said all decision making could not be made at the staff level, but allowing staff to make as many decisions as possible would expedite the process, as long as the city had clear, concise regulations and development standards to follow. Mr. Einsweiler discussed the importance of having formal, written interpretations. Currently, there were a number of interpretations occurring under the ordinance process, but they were not being written or, if they were written, were not being distributed generally with the ordinance itself. Thus, he said it was difficult for developers outside the community to understand what the interpretations were. In addition, he suggested periodically amending the UDC to incorporate the interpretations. Mr. Einsweiler suggested conforming the city's development review triggers, particularly for redevelopment or expansion. Currently, there were a series of conflicting thresholds for off-street parking and landscaping. He said it was essential to clearly outline a series of single uniform triggers, such as increases in floor area, impervious surface, and multifamily units, so people would understand whether their development would be subject to portions of the ordinance or not. Mr. Einsweiler suggested the city simplify their plat review process by adopting the Texas statutes on the issue, which allow for administrative approval of minor plats, amending plats, and replats. He said replats were quite common in older portions of the community, and it was important to expedite the process to encourage redevelopment in those areas. In addition, he recommended the city expand the current threshold for minor plats from two dwelling units to four lots, as allowed by the state. Finally, he recommended changing the city's current nomenclature for replats to conform with the state's language as follows: from "Type I" to Plat; from "Type II" to Minor Plat; and from "Type III" to amending plat. Mr. Einsweiler suggested streamlining development review by allowing more administrative approvals. To have confidence in administrative authority, however, it was essential to have clear, precise standards. The result would be a savings of time and money for the applicants. Mr. Einsweiler recommended consolidating the site plan review. Currently, he said site plan review was accomplished as part of other processes, rather than being a process in and of itself. Site plan review needs to be its own process because of its importance, especially for commercial Minutes - Regular Council Meeting December 21, 2004 - Page 16 development. Finally, he said the decision-making authority for the process was unclear. Mr. Einsweiler suggested a variety of possible options for the site plan review authority. The authority could run the spectrum from administrative review (vested in the director of development services) to discretionary review (vested in the Planning Commission). He also proposed the establishment of a Development Review Committee (DRC), similar to the Staff Plats Committee. The DRC would approve all site plans, regardless of their size (major or minor). The committee would be comprised of the following department directors or designees: Planning (Chair of DRC), Building Inspections, Engineering, Solid Waste, Storm Water, and Fire. In the zoning districts portion of the ordinance, Mr. Einsweiler highlighted a number of problem areas. He recommended removing cumulative permitted uses that allowed uses in one district to cascade into subsequent districts. This type of structure created a lack of a distinct character for each district, and could inadvertently encourage inappropriate uses in some district. In addition, he suggested replacing the Townhouse district because as it was fairly useless as drafted by permitting only a single builder on common lots. Instead, he said townhouses could be located on platted lots, or on a single large lot as condominium or rental development. Mr. Einsweiler suggested that the regulations discourage "cookie cutter" developments by allowing multiple patterns of subdivisions. One possibility would be to continue with the conventional development, with 0 to 10 percent open space. Another option would be cluster development, with 20 to 40 percent open space. Finally, there could be a third option for conservation development, with 50 percent or more open space. By shrinking the lot size as needed, the same number of units would be allocated in each of these scenarios. He said providing options may lead to higher quality subdivision designs. Mr. Einsweiler advocated encouraging housing variety by creating housing palettes. A variety of housing types, subject to limitations, would allow for "life -cycle housing" and market flexibility. "Life -cycle housing" describes where an individual lives as their situation changes (e.g. single, married (starter home), family (larger home), senior citizen (condo)). Examples of different housing palettes are as follows: traditional neighborhood development, zero lot line, single-family attached, multiplex, and two-family. Each housing type would have specific standards to meet but a different pattern of development, potentially all within the same subdivision in the community. Mr. Einsweiler recommended the elimination of flag lots, a significant problem in the community. The numerous curbcuts created in this type of development were an inefficient provision of infrastructure, and was also a traffic hazard. Mr. Scott expressed concern about TxDOT's new policy to restrict the number of curbcuts along state highways (Saratoga Boulevard, Staples Street) because it was creating conflicts between the city and developers. Mr. Einsweiler replied the UDC could help the city with this issue by clearly defining the expectations for developers at the start. Since this was a new policy, he said the city could expect an ugly period of adjustment, but eventually the market would adjust. Mr. Noe added the city was working with TxDOT to communicate the new policy to private developers. Mr. Einsweiler suggested the city simplify the types of uses allowed. He displayed a chart of the city's current process and nomenclature, and the proposed process and nomenclature. In essence, he said a "permitted use" that was appropriate in a zoning district would remain a Minutes - Regular Council Meeting December 21, 2004 - Page 17 "permitted use" (approved by staff). A "permitted use" that was appropriate in a zoning district, provided they meet a particular use standard established in the ordinance, would become a "limited use" (approved by staff). A "special use exception" would become a "special exception" (approved by the Board of Adjustment). A "special permit" or a "specific use permit" would become a "conditional use" (recommendation by Planning Commission, approved by City Council). Finally, an ordinance amendment could become a "similar use" interpretation (approved by the Director of Development Services) or remain an ordinance amendment (recommendation by the Planning Commission, approved by City Council). Mr. Einsweiler gave an example of a use regulation matrix being proposed by for the city. He said it was an easily read, easily understood way to ensure developers were aware of all the rules associated with a proposed use. Mr. Einsweiler recommended the city rethink their position on home occupations. The current code strictly defines businesses, but the proposed change would be more concerned with the impacts on neighborhoods. If there was no change to the neighborhood appearance, very limited deliveries, and very modest signage, there should be no problem with a home occupation. Mr. Einsweiler suggested modernizing the city's parking standards by allowing for alternative parking plans (e.g. shared, valet, off-site). The standards should also allow for a reduction in the number of required spaces, maximum parking ratios, and refinement of interior landscaping standards. Mr. Noyola asked staff to make provisions in the standards to accommodate the current trend toward larger vehicles. Mr. Einsweiler proposed refining the city's buffer standards. He said a greater difference in use required a larger buffer between districts, streets and structures, and parking and adjacent parcel. The buffer could be composed of berms, plants, or wall, provide flexibility in width and composition, and give credits for keeping existing vegetation and/or xeriscaping. Mr. Einsweiler suggested enhancing screening standards to further regulate and/or limit the use of outside displays, sales, and storage standards. He also recommended enhancing sign standards to clarify the sign types and standards, limit or prohibit pole signs, and prevent "district shopping" for bigger signs by providing equivalent signage across districts. Mr. Einsweiler suggested establishing modest design standards throughout the community, not just on Padre Island. This is a somewhat controversial idea, but the proposed standards would not be so strict that they would chase business out-of-town. Regarding nonconformities, he suggested expanding the nonconforming structure provisions to provide more flexibility by applying them to more building types. In addition, he recommended stiffer penalties for nonconforming buildings in the city's enforcement provisions, such as use of an escalated penalty system and refusal to process applications if violations exist. Mr. Einsweiler suggested consolidating the code's definitions to reduce the potential for conflict. In addition, he proposed removing standards from existing definitions for bed and Minutes - Regular Council Meeting December 21, 2004 - Page 18 breakfasts, home occupations, and outside display, sales and storage. New definitions can be added as needed, but this would be done in the final steps of the drafting process. Mr. Einsweiler discussed the Council's role in the process. He reiterated that it was important for the Council to provide direction on the issues in the critique. It would also be important for the Council to review the public draft and comment on it before the public hearing process began. During the public hearing process, the Council would consider the Planning Commission's recommendations and then make final decisions. In conclusion, Mr. Einsweiler explained that once staff received direction from the Council, they would prepare a draft over a six-month period. The drafting process involved an internal staff committee and an external "Blue Ribbon" Committee comprised of stakeholders in the community to identify problem issues. Mayor Neal stated the current zoning process required the issuance of an excessive amount of special permits that the city inconsistently enforced, and he asked staff to find ways to minimize this in the future. He also asked staff to include provisions to ensure better usage and appearance of retention ponds in developments. Mr. Colmenero asked if any of the proposed changes were specifically geared toward older areas of town. Mr. Einsweiler replied the proposed changes were not geared toward any specific type of development or area; rather, the goal was to provide flexibility, which would ultimately help older neighborhoods. Mr. Kelly asked if the city would have to rezone any established areas as a result of the proposed changes. Mr. Einsweiler replied negatively, saying the intent of the project was not to change the zoning map; rather, the project was concerned with changing the zoning text. What may occur, however, is that a good district may result which would be useful for certain areas, and at that point, the city may consider proactively rezoning them. Mayor Neal strongly encouraged citizens with problems or feedback on the proposed changes to attend the public hearings and air their concerns. Assistant Director of Development Services Michael Gunning stated that immediately after today's meeting, the critique would be posted on the city's website. * * * * * * * * * * * * * The next presentation was Item 30, a quarterly report on Work -Force 1. Ms. Debra Arnold, Interim President/CEO, discussed the status of their CEO search. She said the top three candidates had been selected and interviewed via a consultant. A selection committee would interview the top two candidates in the first week of January, and the final candidate would be presented to the board of directors at their January 13, 2005 meeting. Ms. Arnold briefed the Council on the Work -Force 1 fiscal reconciliation for several prior fiscal years, resulting from a discrepancy found last year. She reported that the fiscal reconciliation was completed and had not affected Work -Force 1's ability to offer child care services as feared, despite a reduced budget. She noted there were processes in place now to prevent these Minutes - Regular Council Meeting December 21, 2004 - Page 19 discrepancies from occurring again, but the reconciliation would appear in the FY 03 audit and subsequent audits (2004 and 2005) due to the time period involved. Ms. Arnold covered Work -Force 1's performance and expenditure levels. For FY 04-05 (July 1, 2004 to June 30, 2005), the total budget was $30,786,332. The year-to-date benchmark was approximately $9.1 million, and actual expenditures until October were $7.8 million. Ms. Amold reviewed enrollments sorted by program and region. She said Work -Force 1 had divided the twelve -county area they oversaw into three regions to ensure the equitable distribution of funds. Ms. Arnold reported on the results of an economic development panel discussion hosted by Work -Force 1 on September 22, 2004. She said they presented the industry cluster data they had presented to the Council earlier, and asked for feedback on whether communities were seeing the same patterns. Another goal was to ask communities what Work -Force 1 could do to serve them better. One of the common themes raised during the discussion concerned Workforce Investment Act (WIA) training. She said WIA training dollars had dwindled, and boards were now charged with funding training and infrastructure needs. Thus, she said the training numbers were decreasing, but the numbers served were increasing through a variety of activities. To address the training issue, Ms. Arnold said Work -Force I could create a better connection to established career pathways. In addition, they can develop a better approach to serving youth as the emerging workforce. In conclusion, Ms. Arnold briefly mentioned a number of initiatives Work -Force 1 had assumed as directed by the Texas Workforce Commission. The first was the development of a site selection tool to help support business retention, recruitment, and expansion efforts. Second, Governor Perry asked the legislature to provide an additional $25 million for a skills development fund, which doubled the amount of funding available for training across the state. Third, Ms. Arnold discussed efforts to promote economic development in rural communities, focusing on training through the Sirolli Institute. Work -Force 1 had applied for a grant to fund the institute training, and would receive confirmation of funds hopefully within the next month. Finally, she announced the reinstatement of the Youth Art Project this summer, overseen by the Downtown Management District. * * * * * * * * * * * * * The last presentation was Item 31, a first quarter FY 2004-2005 budget/performance report. Assistant City Manager Oscar Martinez reported 25 percent of the fiscal year has been completed. He said combined revenues and expenditures were at 22.91 percent and 20.99 percent respectively. Though early in the year, he said the city's overall financial outlook was consistent with the same time last year. Regarding general fund revenues, he said the year-to-date ad valorem property taxes were slightly lower than the year-to-date budget. At this time, however, staff had no reason to believe the city would not make budget in this area. He also said the city was seeing a slight decrease in industrial district payments. Due to the decrease in the tax rate and a decrease in valuations, revenues were not predicted to be realized at the level budgeted. By contrast, year-to-date collections for sales tax were consistent with projections for this year and are ahead of the same period last year. He said the projections reflect a 6 percent growth rate compared with last year's Minutes - Regular Council Meeting December 21, 2004 - Page 20 collection trend. The year-to-date collections for franchise fees were less than the YTD budget but above the YTD in 2003-04. Regarding solid waste services, the revenue was higher than the YTD budget, reflecting a $170,320 increase, mainly because of increased activity from a number of large vendors. municipal court fee collections were $265,773 higher than the YTD budget, mainly due to increased collections efforts such as the "Failure to Appear Warrant". The museum revenues were lower than the YTD budget, reflecting a nationwide trend in decreased museum attendance. Construction in the area has also hindered attendance. Recreation services revenue was slightly lower than the YTD budget, mainly due to Latchkey revenue. Public safety services revenues were slightly less than budgeted amounts, primarily because of 911 Wireline Service Revenue. In conclusion, he reported that with 25 percent of the fiscal year completed, 21 percent of the general fund budget had been expended. There were no significant unfavorable variances among city departments and individual operating divisions. City Manager Noe pointed out that rising fuel costs may have a negative effect on department budgets, and staff was monitoring the situation closely. Mr. Martinez discussed the status of the enterprise funds. Regarding the Water fund, he said YTD revenue of $20,739,971 represented 27.75 percent of the budgeted revenues, which was greater than the same period in the prior year. He attributed this to an increase in residential and commercial customers inside the city. Overall, YTD expenditures were $13,787,596, or 17 percent of budget, consistent with the same period last year. The gas fund, on the other hand, reported YTD revenue of $5,769,823, or 16.57 percent of budgeted revenue, which is higher than revenue collected for the same period last year. YTD expenditures were $6,577,961, or 18.19 percent of budget expenditures. The wastewater fund reported revenues of $9,058,559, representing 26.19 percent of budget, which is more than the amounts collected for the same period last year. He said YTD expenditures were $7,432,986, reflecting 21.20 percent of budget.. The airport fund reflected revenues of $1,842,301, or 24.26% for this quarter. He said the increase in revenues could be attributed to the terminal completion and the upgrade in parking facilities. The airport's YTD expenditures were $1,454,558, or 18.60 percent of budget. Regarding the enterprise funds, Mr. Martinez reported the development services fund had revenues of $999,204, or 23.21 percent. Expenditures were $1,116,923, or 23.48 percent of budget. The ambulance fund reported YTD revenue and expenditures that were comparable to the prior year for the same period, reflecting 25.57 percent and 20.89 percent respectively. Minutes - Regular Council Meeting December 21, 2004 - Page 21 The golf centers fund reported YTD revenue of $413,219, or 19.98 percent of budget, was higher in comparison with the same period last year. Expenditures were $439,330, or 20,89 percent of total budget, yet slightly lower than amounts expended in FY 2004. Finally, the marina fund reported revenue of $338,311, or 21.92 percent of budget. The YTD expenditures were $269,482, or 17.26 percent of budget. Regarding the internal service fund, special revenue funds, and debt service fund, Mayor Neal asked Mr. Martinez if he had any comments about projections or any areas of concern in these funds. Mr. Martinez replied negatively, saying staff was diligently evaluating budget trends on a monthly basis to keep the budget on track. Mayor Neal thanked staff for the report, saying it was important for the Council, as policymakers, to be kept informed on the budget status. * * * * * * * * * * * * * Mayor Neal announced that Item 32, the second reading of the smoking prohibitions ordinance, was being withdrawn. He also announced that the executive session was being withdrawn. 32.a. WITHDRAWN a.tmg tn� v1a11ia11cl alncuaiiig Sc.,. z3-74, 111g oluhit.o11s, sub,cct;v1, (2) of Sc.. 23-74(1,) fvllo.vcd by ubsLction (4) of Scc. 23-74(b), dtiLting t11c subs Seer 2-3-74(b)(4). 32.b. WITHDRAWN 1cad.ng, Cutit au nl 1cplaClug d wdli tla. Su sLctlolr 1icadiug "U111Laid 11a11S n knorKcaLLmg U. nuam,c - lava mg tia- Ludt vI Ui ma.CCa, Sk.A., 23-14, S.Liu king Dlullit o11s, Sbbs coon (b)(1)(c), by rc4isulg tllc lail6uagc, dud cstasliing aircfft.ctivc 33. WITHDRAWN 1 M6J l.OUILL , 1 cAaS, v w vYa,u oc The Mayor called for a brief recess to hold the board and commission's swearing-in ceremony. Minutes - Regular Council Meeting December 21, 2004 - Page 22 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Bill Kopecky, 4609 Topeka, and Mr. J. P. Kenny, 625 Gregory, spoke against the proposed ordinance banning smoking in restaurants. Ms. Sherry Dunlap, 5825 Hopkins, spoke in support of the proposed ordinance to reduce unwanted and uncared for animals being brought forth by initiative. Ms. Sharon Massad, Ms. Paula Rhyner, and Mr. Jeff Beynon, 3617 Castle River, thanked the Council for passing the animal control ordinance last week. Mr. Jack Gordy, 4118 Bray, spoke regarding alleged problems with the public access studio contract. Mr. Noyola expressed frustration that the public access studio issue had been raised during the public comment period in several consecutive meetings. He asked staff to resolve the problems with the public access studio contract because he felt there were better uses of the Council's time. City Manager Noe replied staff and the Cable Communications Commission had met with the opposing groups repeatedly without a satisfactory resolution. He said the public was free to speak on any topic not on the agenda during the public comment period. Mr. Richard Pulido, 5617 Naragonnest, asked the Council to support the Cable Communications Commission to resolve the public access studio issues. Mr. Jerome Bradford spoke regarding the public access studio issue, saying the solution was better enforcement of the existing regulations. An unidentified gentleman spoke in support of the Cable Communications Commission's efforts to resolve the public access studio issues. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. There was none. Mayor Neal called for Council concerns and reports. Mr. Chesney asked that an item be placed on the agenda to discuss the possibility of disavowing all the city's contractual obligations regarding the public access studio. He also asked that his metrogovernment proposal be placed on the agenda for discussion during the first meeting in January. He said he would provide the Council and the Commissioners Court with more information supporting the concept. Finally, he wished everyone a Happy Holidays, saying this has been a successful year for the city. He thought the city's future was also bright, and mentioned the strengthening economy, Packery Channel, the new arena, increase in home sales, and the new bond proposal as indicators. Mr. Noyola asked staff to have graffiti removed from stop signs and utility boxes on Sacky Drive between Kostoryz and Ayers. He also reported graffiti problems on West Point from Greenwood to S.P.I.D., and on a sign for the Texas Sky Festival on Saratoga Boulevard between Old Brownsville Road and Ayers. He also wished everyone a Merry Christmas and a Happy New Year. Mr. Colmenero reported an abundance of potholes throughout the city streets, and asked staff to repair them before there was wet weather. He said he would provide Mr. Noe with a list of streets. In addition, he reported an inoperable street light in front of the Laredo National Bank on Ayers Street which was a traffic hazard. He also asked for a status report on the future of the Latchkey Program. Mr. Noe replied staff was preparing one now, and would report on it soon. Minutes - Regular Council Meeting December 21, 2004 - Page 23 Finally, Mr. Colmenero agreed this had been a successful year for the city, and he thanked staff and the voters for their efforts and support. He wished everyone a safe Christmas and Happy New Year. Ms. Cooper complimented city staff, saying this was the best staff the city has had in her ten years serving on the Council. She announced the next town hall meeting would be hosted by Mr. Kinnison on January 10 at 6:00 p.m. at Kaffie Middle School. She wished everyone a Merry Christmas, and a safe, happy, and prosperous New Year. Mr. Scott reported graffiti on an audio store across from Best Buy and near the Doctors Center on S.P.I.D. He asked for an update on the prosecution history of litter and/or graffiti violations in the city. He also spoke regarding the U.S.S. Oriskany issue, saying the Coastal Bend region needed to be involved to secure a potential reef, rather than leaving it solely in the state's hands. Mr. Utter replied the Department of the Navy has stated there are a very large number of ships available, and they have indicated that the city will receive a ship. He said staff would be visiting with the Navy in Washington D.C. in January to discuss it further. Mr. Scott spoke in support of this project. Mayor Neal announced the H -E -B Feast of Sharing event was taking place on Christmas Eve at the American Bank Center from approximately 9:30 a.m. to 3:00 p.m. He also reminded everyone about the many marines who had made the ultimate sacrifice of their lives to protect our freedom, and he encouraged everyone to remember the young Americans who are in harm's way this Christmas. He wished everyone a Merry Christmas. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 12:40 p.m. on December 21, 2004. * * * * * * * * * * * * *