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HomeMy WebLinkAboutMinutes City Council - 04/19/2005I 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 April 19, 2005, which were approved by the City Council on April 26, 2005. WITNESSETH MY HAND AND SEAL, on this the 26th day of April, 2005. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 19, 2005 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members: Melody Cooper Jerry Garcia Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Scott City Staff City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend E.F. Bennett 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 Garrett called for approval of the minutes of the Special and Regular Council meetings of April 12, 2005. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointment was made: Nueces County Community Action Agency Council Member Bill Kelly (Appointed) Council Member John Marez (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3-14). City Secretary Chapa announced that Items 4 and 8 were being withdrawn by staff. Mayor Garrett asked for any public comment on Items 3-14. Mr. Abel Alonzo, 1701 Thames, inquired about Item 10, regarding an amendment to the contract between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCION Texas, Incorporated. Mr. Alonzo asked for the purpose of the amendments. Assistant City Manager Oscar Martinez replied the ACCION contract amendments were primarily housekeeping items clarifying the terms of the contract. He said the amendments were related to the interest buy -down rate and the time period for issuing reimbursements. Minutes - Regular Council Meeting April 19, 2005 - Page 2 Mayor Garrett asked for any Council comments on Items 3 -14. Mr. Noyola asked why Item 8 was withdrawn. City Manager Noe replied there was an error in the item. Ms. Cooper inquired about Item 7 regarding the city's Rolled Curb and Gutter Replacement Program. She asked how the city determined which streets were placed on the list for repairs. City Engineer Angel Escobar explained the storm water department, headed by Ms. Valerie Gray, tracked all citizen complaints and mapped them on a composite map. Staff worked with a consultant to divide the map into 25 areas. The consultant investigated each area with the largest concentration of complaints to determine the extent of the required work. Staff then prioritized the streets to see where they could do the most good in a concentrated area. Areas considered hazardous to vehicular or pedestrian traffic will receive priority over those areas where only drainage was affected. Mr. Escobar reported this year, the project was being divided into two parts. Part "A" repairs were limited to a specific area bounded by Everhart Road, Willowick Drive, Megal Drive, and Schanen Drainage Ditch. Part "B" repairs were not limited to a specific area; rather, the repairs would be made in various locations citywide. He said this would allow staff the flexibility to address unanticipated repairs outside the specified area as they surface. Mr. Noyola pointed out that one of his constituents, residing on Stafford Street, told him she had repeatedly called about drainage problems in her area for the past four years. He asked why her area had not been addressed. Assistant City Manager Ron Massey replied if the area was a lower priority compared to other areas, then the repairs were postponed. Ms. Gray added in some cases, the area's drainage problems were extensive, so merely replacing the rolled curb and gutters would not improve the drainage. These areas were placed on the Capital Improvement Project (CIP) list to be evaluated for additional improvements, such as underground pipes and inlets. Mr. Noyola asked how much the city was spending now on curb and gutter repairs. Mr. Massey replied the current construction contract for curb and gutter repairs totaled approximately $250,000, which only addressed a fraction of needed drainage improvements. Mr. Noyola asked staff to consider funding $1.5 million in rolled curb and gutter improvements for neighborhood areas in the next bond election. Mr. Scott asked if a neighborhood could sign a petition stating their willingness to pay for a portion of the expense for curb and gutter improvements, and if so, would the neighborhood be moved up on the priority list. Mr. Escobar replied affirmatively. City Manager Noe added since the city curb and gutter replacement program was funded out of storm water utility capital improvement funds, the city had more flexibility to set up this type of program. He said the street pavement assessment program was less responsive because the funding source was voter -approved, general obligation funds. Mr. Noyola stated that although this was a viable option for some neighborhoods, the residents in his district would probably not be able to afford to participate in this type of cost-sharing program. He thought it was unfair that some neighborhoods would be moved up on the list just because they could afford to pay a portion of the costs, while the West side of the city was ignored. He preferred to address neighborhood rolled curb and gutter improvements through a bond election. Minutes - Regular Council Meeting April 19, 2005 - Page 3 Mr. Chesney requested a detailed list of the where the project money had been spent. He took exception to Mr. Noyola's contention that the West side of town was being ignored. He thought the list would show that most of the funds had been spent on West side improvements. Regarding the Lindale Area Storm Water Improvements being funded through the bond election, Mr. Scott asked if the city planned to replace the rolled curb and gutters as part of this project. Mr. Esobar replied affirmatively, saying the second phase of the program would include these improvements. Mr. Scott pointed out the city was using various funding sources to significantly address citywide curb and gutter replacement needs. Mr. Scott again asked staff to consider implementing a cost-sharing program for neighborhoods interested in accelerating rolled curb and gutter replacement in their area. City Secretary Chapa polled the Council for their votes on Items 3-14, constituting the consent agenda (except for Items 4 and 8, which were withdrawn) as follows: 3. MOTION NO. 2005-114 Motion approving the purchase of one sewer inspection system from Green Equipment Company, of Fort Worth, Texas for the total amount of $89,517.93. The award is based on the City's Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). This equipment is an addition to the fleet. Funding is available from the FY 2004-2005 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4. WITHDRAWN ctnis wv.ciIicativ1S auil vuly vi a [vtal vI aZI /,DGL. 1 un liavc Ucc uy tliC Jli Ca,L 1)�,}�a. t.nent i KerrBrids $95, and lbtal. Paradigm—Traffic c holt Fdo.th, TcnaS Itcii1 Na. 2 $16,450 C(..t.ol Tcchnolvg.cs, Inc. [vuiL,all, 1 cnaa Itcul No. 4 $75,060 Minutes - Regular Council Meeting April 19, 2005 - Page 4 5. MOTION NO. 2005-115 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Corpus Christi, Texas in the amount of $317,597.40 for County Road 52 (East) Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6. MOTION NO. 2005-116 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $239,906 for a total restated fee of $264,902 for the McNorton Ditch Drainage Project, Phase 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7. MOTION NO. 2005-117 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Engineering & Construction Management Services, of Corpus Christi, Texas in the amount of $48,720 for the Rolled Curb and Gutter Replacement FY 2005 Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8. WITHDRAWN pa3scd and approved on .1 ulf 1 U, 2002, l,y u1,t tlic tnial a65c3sinc,it iuc JiCi1 alai thL, o% hers of ptoperty atL..g on tlic ful10 ving stir t. Cliff Maus Rozid Pl,ase lA fii • • 11•• • 1 • • • • • • - • • • • • • • VVIP 9. ORDINANCE NO. 026223 Ordinance amending Ordinance No. 025057 passed and approved on October 15, 2002 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on the following street: Annaville Road from Violet Road to Starlite Lane. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 19, 2005 - Page 5 10. RESOLUTION NO. 026224 Resolution approving Amendment No. 1 of the Agreement between the Corpus Christi Business and Job Development Corporation and ACCION Texas, Inc. regarding interest buy down program application process and job creation definition. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11. MOTION NO. 2005-118 Motion authorizing the City Manager to execute a Deferment Agreement with The Gray Estate, (Developer), in the amount of $208,691.75 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve Corpus Christi Retirement Residence Addition, 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 12. ORDINANCE NO. 026225 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with The Port of Corpus Christi (Owner) for the right to install, operate, repair, replace, and maintain one private 1.25 -inch HDPE conduit with fiber optic cable across the Nueces Bay Boulevard public right-of-way for approximately 80 feet and across the Salt Flat Drainage Outfall right-of-way for approximately 90 feet; establishing a fee of $320. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 13. FIRST READING ORDINANCE Amending Section 55-151, Code of Ordinances, City of Corpus Christi, regarding the City's Water Conservation and Drought Contingency Plan. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 19, 2005 - Page 6 14. FIRST READING ORDINANCE Authorizing the City Manager to execute Amendment No. 1 to Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi, Texas. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ************* Mayor Garrett referred to Item 15.a., and a motion was made, seconded and passed to open the public hearing on the following variance case: 15.a. Public hearing on request for a variance to operate an establishment with on -premise consumption of alcoholic beverages located at 5702 South Staples Street, Suite #E6. Mr. Alan Yaffe, representing the applicant, Mr. Larry Wardrup of Passport Seafood Corporation d/b/a Casa de Santiago's Restaurant, presented a document with the signatures of all the tenants in the Copperfield Shopping Center within 300 feet of the subject property, with the exception of one tenant who was out of the country. The tenants were in agreement with the applicant's request for a variance, including the day care center which necessitated the action in the first place. Mr. Yaffe stated the Casa de Santiago's Restaurant alcohol sales were projected to be between 15-20 percent of the overall gross receipts. He asked the Council to consider approving the variance. Mayor Garrett asked for public comment. Mr. Abel Alonzo, 1701 Thames, was concerned that the Council was being inconsistent in its actions regarding alcohol variance cases. He mentioned a recent case involving another Mexican restaurant and Tuloso-Midway Independent School district as a case in point. He said staff and the Planning Commission had initially supported the granting of the variance, but the Council denied the variance due to neighborhood opposition. Mr. Kelly replied a significant variable when making these decision was the neighborhood's reaction In the case Mr. Alonzo mentioned, Tuloso-Midway ISD and the adjacent church opposed the alcohol variance. In this case, the neighbors were not opposed, so it would be appropriate if the Council granted the variance. Mr. Noyola spoke in support of Mr. Kelly's statement. City Secretary Chapa polled the Council for their votes as follows: 15.b. RESOLUTION NO. 026226 Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Passport Seafood Corporation to operate an on -premise alcoholic beverage establishment located at 5702 South Staples Street, Suite #E6. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting April 19, 2005 - Page 7 ************* Mayor Garrett referred to Item 16, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0305-01, Jose Oscar Hinojosa: A change of zoning from an "A-1" Apartment House District and "AB" Professional Office District to a "B-1" Neighborhood Business District. The property is in Carroll Place No. 7, Block 1, Lot 3, located north of Holly Road and 900 feet west of Carroll Lane. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 026227 Amending the Zoning Ordinance, upon application by Jose Oscar Hinojosa, by changing the zoning map in reference to Carroll Place No. 7, Block 1, Lot 3, from "A-1" Apartment House District and "AB" Professional Office District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 17, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0305-02, Jay Salazar: A change of zoning from a "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District. The property is in Yarbrough Addition, Lots 6 and 7, located west of Airline Road and 650 feet south of Holly Road. City Secretary Chapa said Planning Commission and staff recommended approval of the "B- 1" Neighborhood Business District. 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. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 19, 2005 - Page 8 17. ORDINANCE NO. 026228 Amending the Zoning Ordinance, upon application by Jay Salazar, by changing the zoning map in reference to Yarbrough Addition, Lots 6 and 7, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 18 regarding a grant to fund a rehabilitation project for an airport runway. Mr. Chapa announced that Mr. Noyola was abstaining from the vote and discussion on this item. Mr. Noe stated this was a "good news" item because it was an opportunity to receive a substantial amount of funding from the federal government. Aviation Director Dave Hamrick explained over two years ago, airport staff had noticed a number of problems with Runway 13/31, a primary runway, that would require major construction to repair. Staff worked with the Federal Aviation Administration (FAA) to acquire funding for the repairs, and this item reflected the success of their efforts. He said the grant would allow the city to resurface the entire length of the runway, as well as complete new shoulders, drainage improvements, and lighting improvements. In addition, he said the grant funds would allow staff to begin the design work of the airport's secondary runway, Runway 17/35, for lighting, shoulder, and blast pad replacements. Mr. Hamrick said staff received two bids for the project, and was recommending Bay Ltd. as the low qualified bidder. Mayor Garrett asked how long the runway would be closed for repairs, and what effect this would have on the airlines. Mr. Hamrick replied the runway would be closed for approximately six and half months. He explained staff had several meetings with local and corporate airline representatives about the construction. He said the airlines would be inconvenienced, but understood the necessity of the project. It does not appear the runway closure will affect Southwest Airlines, but the other airlines have switched the type of regional jets they are using in response. He said staff was trying to reduce the convenience to the airlines as much as possible. Mayor Garrett asked if staff had any safety concerns. Mr. Hamrick replied negatively. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 19, 2005 - Page 9 18.a. RESOLUTION NO. 026220 Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 3-48-0051-37-2005 in an amount not to exceed $7,788,088 for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 3 and Runway 13/31 Lighting and Cable Replacements at Corpus Christi Intemational Airport. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 18.b. ORDINANCE NO. 026221 Ordinance appropriating $5,088,088 from the Federal Aviation Administration Grant Number 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 3 and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $5,088,088. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 18.c. ORDINANCE NO. 026222 Ordinance appropriating $498,575 in the Airport Capital Reserve Fund 4611; transferring and appropriating $498,575 into the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 3, and Runway 13/31 Lighting and Cable Replacements at Corpus Christi Intemational Airport; amending FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $498,575; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $498,575. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting April 19, 2005 - Page 10 18.d. MOTION NO. 2005-113 Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contractors L.P. dba Bay, Ltd., of Corpus Christi, Texas in the amount of $8,963,579.50 for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 3 and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 19 regarding a new wastewater gravity interceptor project for the Antelope Street and Salt Flats Area. City Engineer Escobar explained this was a major wastewater project which entailed the installation of one of the largest sanitary sewer lines in the city over the past 10 years. He said the proposed 36-inch/48-inch line begin at Resaca Street, and would parallel an existing 36 -inch line along the Salt Flats system. The line would cross 111-37, and continue until terminating at the new Resaca Street lift station. The line would be over 5,000 feet long, and would help address overflow problems at the manholes along Leopard Street and Winnebago Street. Mr. Kelly spoke in support of the project, but expressed concern about the impact the project would have on the condition of the streets in this area, particularly Antelope Street. Mr. Escobar replied the construction would begin at the intersection of Antelope and Palm Streets, and continue on the IH -37 frontage road. The project would include replacement of the backfill and then an asphalt patch with a complete seal coat up until Coke Street, where the line would go under IH -37. The same type of street repairs would be completed on the other side of the IH -37. He said because of the complexity of the project, staff was recommending a full-time project inspector to protect the city against deficiencies in the contractor's work (Item 19.b.). He said the other streets affected by the project (Coke, Frank Burns, and Resaca Streets) would also be seal -coated. Mr. Scott remarked that he exited the Corpus Christi Hooks game on Port Avenue, and he said it worked wonderfully. He noticed, however, that when Port Avenue intersected with IH -37, most people seemed to be turning onto Antelope Street to get to the Crosstown Expressway. Thus, he said the project would have an impact on baseball game traffic. He said it would be preferable that the project be completed by October. Mr. Escobar replied the project would last one year, but would begin on Resaca Street first and then work its way to Antelope Street. Mayor Garrett asked City Manager Noe to ask the police chief to monitor the traffic light at the intersection of Brownlee and Leopard by the Crosstown Expressway because it could create a bottleneck in traffic as vehicles exited the stadium from Port Avenue. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 19, 2005 - Page 11 19.a. MOTION NO. 2005-119 Motion authorizing the City Manager or his designee to execute a construction contract with Jalco, Inc., of Houston, Texas in the amount of $8,614,720.50 for the Antelope Street and Salt Flats Area 36-inch/48-inch Wastewater Gravity Interceptor Line. (Rebid) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 19.b. MOTION NO. 2005-120 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas for a fee not to exceed $285,140 for construction inspection services for the Antelope Street and Salt Flats Area 36- inch/48-inch Wastewater Gravity Interceptor Line. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 20 regarding a proposed increase in taxicab fares. Mr. Noe said the city had received a request for an increase in taxicab fares from the local taxicab industry primarily because of increased fuel costs. He said the Police Department had compared the city's rates to other cities in the State, and was recommending an adjustment to the flag drop, or the initial fee, from $1.75 to $2.00, and no adjustment to the mileage. Mayor Garrett asked for public comment. Mr. Hal George, 3649 Leopard, spoke representing the local taxicab industry. He said the primary concern of the taxicab companies was the increased cost of fuel. Their proposal included an increase in the "flag drop" or initial fee from $1.75 to $2.50 and an increase in the cost per 1/5 mile from .35 to .40 (or .50 per 1/4 of a mile). Mr. George presented a survey they had conducted independently of the city, compiled by Ms. Pam Connolly. He said the main difference between the city's survey and the taxicab industry's survey was that the other cities charged continuously during traffic delays. San Antonio, for example, charged .30 for every 60 seconds of waiting time between 5:00 a.m. and 9:00 p.m. Thus, he said the two surveys were not comparable. In addition, Mr. George reviewed the costs for attaining a vehicle for hire permit to drive a cab. The total cost was $179.00, including the cost of a physical, defensive driving, background checks, pictures, a permit fee, and a port badge (if desired). He said the driver fee had increased an additional $88.000 since the taxicab industry first asked for a rate increase. Police Chief Pete Alvarez reported that at the request of Klenzo Enterprises, staff looked at raising the taxicab rate as previously stated. He said staff compiled a survey of cities of comparable size, and as a result, staff recommended that the flag drop rate be raised from $1.75 to $2.00. Staff was not recommending, however, the increase in the cost per mile from .35 to .40, because they felt it would not be in line with the rates of other cities. Minutes - Regular Council Meeting April 19, 2005 - Page 12 Mr. Noyola supported staffs recommendation because he felt the increase in the price of fuel was a legitimate reason to raise taxicab rates. As an aside, he asked City Manager Noe to look into tow truck rates. Chief Alvarez stated the city may want to consider allowing the taxicab industry to charge a fuel surcharge fee to respond to fluctuations in fuel prices, similar to the City of El Paso. He said the fee could be rescinded when fuel prices went down. Ms. Cooper supported increasing the flag drop rate to $2.50, but did not support increasing the increase in the cost per mile from .35 to .40. Mr. Scott asked how often there was an extra passenger in the cab. Ms. Connolly replied there was frequently an extra passenger in the cab. Mr. Scott noted that some cities charged an extra passenger fee. Mr. Chesney felt the city's survey provided an incomplete analysis because it did not note that travel time charges were variable. City Manager Noe agreed, saying it should have been noted that there was no way to state exactly how much revenue was obtained since travel time varied. Mr. Chesney stated the Council either needed to table this item until they could obtain more complete information, or approve a larger increase for the taxicab rates than what staff was recommending. Mr. Garcia agreed with Mr. Chesney. He asked what the standard rate was for a fuel surcharge fee. Chief Alvarez replied the city could use El Paso's rate as a model, but the Council had the ultimate authority to set the rate. Mr. Garcia spoke tentatively in favor of the fuel surcharge fee, but he said he needed better figures before he could decide. He asked City Manager Noe to provide a better report for the next discussion. Mr. Marez asked if Chief Alvarez had spoken with other cab companies about the proposed rate increases. Chief Alvarez replied negatively. In response to Mr. Marez's question, Mr. George replied his client's company was the largest cab company in the city. Ms. Cooper made a motion to accept the proposed increases put forth by the taxicab companies as follows: flag drop rate increase from $1.75 to $2.50 and an increase in the cost per 1/5 mile from .35 to .40; seconded by Mr. Chesney. Mayor Garrett called for discussion. Mr. Kinnison asked why the petitioner was not requesting an extra passenger charge. Mr. Rob Karlson, owner of Klenzo Enterprises, replied that he felt it was unfair. Mr. Kinnison asked if staff knew if any other cities in the State were looking at increasing their taxicab rates. City Manager Noe replied it would surprise him if there weren't other cities considering taxicab rate increases in light of the spike in fuel prices. Mr Kirmison stated he would not have a problem increasing the rates beyond staffs recommendations if he knew other cities were considering a rate increase. Mr. Kelly observed that a portion of the individuals who relied on the taxicab service were individuals who could not afford to own a car themselves, and were the least capable of paying higher fares. Thus, while he wanted for the taxicab industry to remain solvent, he thought it was important to consider the needs of their customers. He thought it was premature to recommend the Minutes - Regular Council Meeting April 19, 2005 - Page 13 rate increases proposed by the taxicab industry without having a better report. Thus, he supported postponing the issue until the Council had received the new report so they could make a more informed decision. Consequently, he said he did not support Ms. Cooper's motion. Ms. Cooper withdrew her previous motion. Mr. Scott made a motion to amend the proposed ordinance prior to first reading to increase the flag rate to $2.00 and increase the cost per 1/5 mile to .40, seconded by Ms. Cooper. Mr. Kinnison noted that this action would constitute a 15 percent increase in rates, from the current rate of $18.90 to $22.60 for a 10 -mile trip. City Secretary Chapa polled the Council for their votes on the motion to amend as follows: Garrett, Chesney, Cooper, Garcia, Noyola, and Scott, voting "Aye"; Kelly, Kinnison, and Marez, voting "No". The motion to amend prior to first reading passed. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: 20. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares - Amounts, to increase taxicab fares to $2.00 for the first one-fifth(1/5) mile or less; providing for penalties. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Noyola, and Scott, voting "Aye"; Kelly, Kinnison, and Marez, voting "No". Mayor Garrett called a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Garrett called for petitions from the audience. Ms. Sherry Dunlap, 5825 Hopkins Road, and Ms. Becki Jones, 1856 C.R. 32, spoke regarding their concerns about the city's efforts to prosecute animal abuse cases. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe stated the city was continuing its efforts in Neighborhood Improvement Project (NIP) Area #10, saying there were a number of functions held last Saturday at Oveal Williams Senior Center. The honorary tree planting ceremony would be held on April 22 at the center as well. In addition, Mr. Noe announced a new exhibit at the Museum of Science and History regarding the history of baseball in Corpus Christi. Mr. Noe reported the following items were scheduled for consideration on next week's agenda: a presentation for TxDOT on the proposed ramp reversals along SPID; and 4A Board recommendations on the affordable housing allocations. Mayor Garrett called for Council concerns and reports. Mr. Scott thanked everyone associated with the opening of Whataburger Field, saying it was a profoundly positive experience. Minutes - Regular Council Meeting April 19, 2005 - Page 14 Ms. Cooper spoke regarding the repairs on Airline Road, saying she thought the detour was dangerous. City Manager Noe replied the repairs were actually a part of the Meadowbrook Drainage Project, and said staff would look into her concern. Ms. Cooper also announced the next Town Hall Meeting would take place on Monday, May 9 at 6:00 p.m. at Yeager Elementary School, hosted by Council Member Noyola. Mr. Noyola agreed with Mr. Scott about the success of Whataburger Field, and he thanked everyone involved. He also thanked all the voters for supporting the project. In addition, Mr. Noyola asked about any progress on the tree ordinance that had been discussed earlier. Mr. Noe replied the tree ordinance was part of the Unified Development Code effort. Mr. Noyola asked when the Council could anticipate a report on the tree ordinance. Mr. Noe was uncertain, but said he would look into it. Mr. Kelly reported on citizen complaints regarding AEP's policy of trimming trees near power lines without the owner's permission. He asked if the city had any authority to address their concern. Mr. Noe replied negatively, saying he was unaware of any action the city could take to prohibit them from trimming trees without permission. Mayor Garrett called for a recess until 2:00 p.m. to hold the Community Development Block Grant (CDBG) public hearing. ************* The Council returned from recess. Mayor Garrett referred to Item 21.a., and a motion was made, seconded, and passed to open the public hearing on the following item: 21.a. Public hearing to receive public comments regarding the City of Corpus Christi's proposed FY2005 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. Assistant City Manager Margie Rose made apresentation on the FY 2005-2006 Consolidated Annual Action Plan (CAAP). First, she provided general background information on the plan, which was comprised of the Community Development Block Grant, HOME, and Emergency Shelter Grants. She described the citizen's participation process, saying the Neighborhood Services Department (NSD) staff conducted two neighborhood meetings to advise the public of funding availability. The NSD also held two mandatory technical assistance workshops to advise on the RFP process. Finally, the NSD scheduled two public hearings, one with the Planning Commission and one with the City Council. Ms. Rose briefly described the Community Development Block Grant (CDBG) program. Since 1975, she said the city had received $144 million, including $12.6 million of program income. The CDBG Program provided funds to meet the following goals: to improve and enhance the quality of life for Corpus Christi citizens with low and moderate income; and to assist individuals residing in designated low income areas in the city. Ms. Rose briefly covered the Home Investment Partnerships (HOME) Program. She said Minutes - Regular Council Meeting April 19, 2005 - Page 15 since 1992, the city had received $21.7 million in HOME funds to help create or retain affordable housing opportunities. The HOME program provided funds for the following types of housing: rental; homeownership subsidy programs; rehabilitation and reconstruction; and the American Dream Downpayment Initiative (ADDI). Regarding the ADDI program, Ms. Rose stated the city had received $217,271 in funds since 2004. The ADDI issued a deferred, forgivable loan not to exceed $5,000 provided to low income, first-time homebuyers only for the purpose of meeting down payment and closing cost expenses. Ms. Rose briefly described the Emergency Shelter Grant (ESG) Program. Since 1987, the city had received more than $2.07 million in ESG funds. The ESG Program provided funds for the following uses: homeless providers; operation and maintenance; rehabilitation; essential services; homeless prevention activities; training; and counseling. Ms. Rose discussed the FY 2005 funding for the aforementioned programs The total FY 2005 Annual Action Plan entitlement allocation was $5,855,767, which was being distributed as follows: CDBG program - $3,882,133; HOME program - $1,772,241; ESG program- $150,150; and ADDI - $51,243. She stated there was additional funding available as follows: CDBG program income (rehabilitation loans) - $800,000; demolition liens (program income) - $24,245; CDBG reprogrammed funds - $708,081; HOME program income - $300,000; and HOME reprogrammed funds - $301,225. Thus, Ms. Rose stated the total funds available for the FY 2005 program was $7,989,318. Ms. Rose pointed out there were several reductions in the allocations compared to FY 04. In the CDBG program, there was a decrease of $222,867, or 5 percent. The HOME program saw a decrease of $75,886, or 4 percent. The ESG program allocation was decreased by $4,179, or 2 percent. Finally, the ADDI program allocation was reduced by $114,785, or 69 percent. Ms. Rose briefly reviewed staff's recommendations and Planning Commission recommendations for city projects and non-profit projects in the FY 2005 Annual Action Plan. In conclusion, she said asked the Council to consider adopting the FY 2005 Consolidated Annual Action Plan as presented by staff. Before any discussion on the item took place, Mr. Noyola read the following statement: "I publicly disclose that I am a member of the Lexington Manor and Northside Manor boards. I have a brother who is a member of the AVANCE board and I have a brother-in-law who is a member of the Del Mar Board of Regents. I will obtain no financial interest or benefit from a CDBG activity. My brother and brother-in-law will obtain no financial interest or benefit from a CDBG activity. I will have no financial interest in any contract with respect to a CDBG activity or its proceeds. Minutes - Regular Council Meeting April 19, 2005 - Page 16 I will abstain from participation in all deliberation and voting related to these boards." Mr. Marez read the following statement: "I publicly disclose that within the last year, I served as a member of the Wesley Community Center Board. I will obtain no financial interest or benefit from a CDBG activity. I will have no financial interest in any contract with respect to a CDBG activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related to this board." Mayor Garrett called for public comment on each item in the FY 2005 CDBG program, saying the Council would work off of staffs funding recommendations. President of Del Mar College Board of Regents Gabriel Rivas, 1106 S. 19ih Street, spoke in support of funding for Project 4, the Business Resources Center. Mr. Bryan Stone, Planning Commission member, explained why the Planning Commission was not recommending funding for this project. Regarding Project 19, Phase 2 Improvements to the West Oso ISD Tennis Courts, the following individuals spoke in favor of funding this project: West Oso ISD Superintendent Crawford Helms; Ms. Christine Wilmont; West Oso ISD Tennis Coach Roy Williams; Mr. Floyd Calvin; and Mr. David Noyola. Regarding Project 27, AVANCE Inc., Mr. David Noyola and Planning Commissioner Eloy Salazar spoke in support of funding this project. Regarding Project 31, Corpus Christi Police Athletic League, Mr. Baudelio Ramirez, 5817 Academy, expressed concern that since membership in the Police Athletic League was free, it was reducing participation in other neighborhood leagues. Regarding Project 34, Mary McLeod Bethune Day Nursery, Inc., Mr. George Clower, 304 S. Morningside, spoke in support of funding for this project: Regarding Project 35, Neighborhood Centers of Corpus Christi, Planning Commissioner Eloy Salazar explained why the Planning Commission was recommending a larger allocation than staff. Regarding Project 39, Universal Little League, Mr. Moses Leyba and Mr. David Noyola, 4433 Valdez, spoke in support of funding this project. Regarding Project 40, the Wesley Community Center, the following individuals spoke in support of funding this project: Mr. Bob Woolsey, 5634 Moray Place; Ms. Zula Layley, 9434 Huntington; and Mr. Buddy Salvo, 4620 Connolly Drive. Minutes - Regular Council Meeting April 19, 2005 - Page 17 Finally, with regard to Project 41, Women's Shelter of South Texas, Ms. Phyllis Finley, president of the board of directors, stated the board was withdrawing their application. Mr. Bryan Stone spoke in support of funding for the project. Mayor Garrett called for public comment on each of the projects in the FY 2005 ESG program. Regarding Project 8, The Salvation Army, an unidentified gentleman, speaking on behalf of the Salvation Army, thanked the Council for recommending funding for their project. Mayor Garrett called for public comment on each of the project in the FY 2005 HOME program. Regarding Project 8, Costa Tarragona II., Ltd., the following individuals spoke in support of funding this project: Ms. Debra Guerrero; Mr. Jimmy Rodriguez of the Leopard Street Corridor Association; and Mr. Abel Alonzo. Regarding Project 9, El Paraiso Apartments, Nueces County Commissioner Betty Jean Longoria spoke in support of the project. Regarding Project 10, Purchase of the Former Lighthouse for the Blind Facility, the following individuals spoke in support of funding this project: Ms. Betsy Carroll, 4966 Cherry Hills; and Mr. Dan Viola. The following individuals spoke against this project: Mr. Jimmy Rodriguez, who also submitted a petition on behalf of the Leopard Street Corridor Association; Mr. Gilbert Martinez; Mr. Cliff Harris; Ms. Rebecca Stutts, 902 Ocacia; Mr. Victor Lara Ortegon; Mr. Baudelio Ramirez; Mr. Tony Sanchez; Mr. Abel Alonzo; an unidentified gentleman; and Mr. Gary Garrett. Mr. Kelly spoke in support of the residents in the Leopard Street area who were opposed to the development. In response to Ms. Cooper's question, Ms. Carroll stated the former Lighthouse for the Blind Facility had been leased by another group, so Metro Ministries wished to use the funds for an alternative site. She said the city had offered to help Metro Ministries acquire land in an appropriate site. Mr. Kelly spoke in support of the Leopard Street Corridor Association and other residents in this area who were opposed to the project. He took offense to comments made that seemed to disregard their concerns. Mr. Scott spoke in support of Metro Ministries, and took offense to detrimental comments made about the organization. Mr. Garcia empathized with the Leopard Street Corridor Association's concerns, yet recognized that homelessness in this area needed to be addressed. He asked that the rhetoric be kept to a minimum. Mr. Chesney agreed, saying he did not care for the tone of the discussion. Regarding Item 13, Latino Education Project, the following individuals spoke in support of funding for this project: Ms. Olga Gonzales, 1809 Yale; and Dr. Marta Sotomayor, 1045 Airline. Planning Commissioner Bryan Stone explained why the Planning Commission was not recommending funding for this project. Mr. Scott asked why the Planning Commission did not support funding Item 8, the Costa Tarragona II project. Mr. Stone replied the Planning Commission simply followed staffs recommendation on the project. Minutes - Regular Council Meeting April 19, 2005 - Page 18 Mr. Noyola made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mayor Garrett asked Mr. Noe to discuss a number of items regarding the annual action plan. Mr. Noe reported staff had identified a way to fund a portion of Item 8, the Costa Tarragona II project in the FY 2005 HOME program. Staff recommended allocating $400,000 to Item 8 as follows: reducing Item 10 (Lighthouse of the Blind Project) by $250,000 to $150,000; reducing Item 11 (Habitat for Humanity) from $100,000 to $0; reducing Item 13 (Latino Education Project) by $50,000 to $100,000. Mr. Scott made a motion to amend the FY 2005 HOME program as recommended by staff, seconded by Mr. Kelly, and passed. Mayor Garrett asked for Council comment on the FY 2005 CDBG Program. Mr. Garcia asked for information on Project 4, Business Resource Center. Ms. Aim Fierova, director of the Small Business Development Center (SBDC), stated her group was now overseeing the Business Resource Center. She said their proposal did not include a standalone director of the program. Mr. Noe said staff had attempted to minimize the duplication of efforts by contracting with SBDC for services. Mr. Kinnison spoke in support of the project, but requested program updates during the fiscal year. Ms. Fierova replied affirmatively. Regarding Item 6, Clearance of Vacant Properties Program, Mr. Garcia made a motion to decrease the allocation by $80,000, and transfer it to Item 27, the AVANCE Program, seconded by Mr. Chesney, and passed. Regarding Item 16, the Main Street program, Mr. Kinnison suggested the city could partner with the Heart of Corpus Christi and/or the Downtown Management District to benefit the downtown area. Mr. Noyola spoke in support of the Item 19, the West Oso ISD tennis courts. He said West Oso was working on assuming ownership of the tennis courts from the city. Regarding Item 20, Rehabilitation Services, Mr. Chesney asked why the allocation had increased. Mr. Noe replied the increases were to pay for staff to administer the programs Regarding Item 23, Single Family Rehabilitation Loan Program, Mr. Garcia made a motion to decrease this allocation by $20,000 and transfer it to Item 27, the AVANCE Inc. project, seconded by Mr. Chesney, and passed. Mr. Noyola abstained. Mr. Noyola made a motion to decrease Project 23 by an additional $25,000 and transfer it to Item 39, the Universal Little League, seconded by Mr. Garcia, and passed. Mr. Garcia made a motion to transfer an additional $25,000 from Item 23 to Item 34, the Mary McLeod Bethune Day Nursery, seconded by Mr. Chesney, and passed. Regarding Item 31, Corpus Christi Police Athletic League, Mr. Noyola expressed concern that since membership in the Police Athletic League was free, it was reducing participation in other neighborhood leagues. Mr. Noe offered to speak with the other leagues if they arranged a meeting. There were no Council comments on the ESG program. Mayor Garrett called for Council comment on the FY 2005 HOME program. Regarding Minutes - Regular Council Meeting April 19, 2005 - Page 19 Project 13, the Latino Education Project, Mr. Kinnison made a motion to reduce their funding by $100,000 and transfer it to Item 16, the Northside Manor project, seconded by Ms. Cooper. Mr. Chesney spoke against Mr. Kinnison's motion, saying it was not a duplication of funds. Mr. Kelly spoke in support of the motion. Discussion ensued over how much funding the Northside Manor needed for its project, but there was no representative in the audience. Mr. Garcia suggested the Council wait to act on this matter until the final reading of the annual action plan to allow a Northside Manor representative to attend the meeting. Mr. Kinnison withdrew his motion. Mr. Chapa reviewed all the proposed amendments to the FY 2005 CDBG, HOME, and ESG programs as discussed. He polled the Council for their votes on the FY 2005 Consolidated Annual Action Plan as amended as follows: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". (NOTE: Marez abstained from the vote and discussion on the Wesley Community Center project (CDBG Project 40); Noyola abstained on the AVANCE (CDBG Project 27) and Northside Manor projects (HOME Project 16). There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:38 p.m. on April 19, 2005. * * * * * * * * * * * * *