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HomeMy WebLinkAboutMinutes City Council - 07/26/2005I 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 July 26. 2005, which were approved by the ('ity Council on August 23, 2005. WITNESSETH MY HAND AND SEAL. on this the 23rd day of August, 2005. 1 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 26, 2005 - 10:01 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members: Melody Cooper Jerry Garcia Rex Kinnison Bill Kell, John E. Marez Jesse Novola 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 Derrick E. Reaves of St. John Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 19, 2005 A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Garrett deviated from the agenda and opened discussion on Item 34 regarding additional funding for the South Texas Military Task Force. Former Mayor Loyd Neal reported a hearing was held in San Antonio recently to discuss the Base Closure and Realignment process. After the hearing. the BRAC commission met and recommended the addition of a number of military installations to the base closure list, including Oceana Naval Air Station in Virginia. He said BRAC Commissioner General Hill recommended the closure and realignment of Oceana NAS, suggesting that a number of aircraft from this base could be relocated to NAS Kingsville, and a nuclear carrier could be brought into the western gulf several times a year for carrier qualifications. He noted that adding a base to the BRAC list required a supermajority of the commissioners (7 out of 9). Mr. Neal reported there were approximately six weeks left in the entire process before the commission took a vote to either close, realign, or remove bases from the list. A conference call was held last Friday between local governmental representatives and Mr. Spike Karlekas with Karlekas and Moone in Washington, D.C. Mr. Karlekas and his firm were charged with hiring analysts who would build a case for NAS Ingleside, NAS Kingsville, and NAS Corpus Christi under sixteen or seventeen different scenarios - e.g. if NAS Oceana was closed, if NAS Oceana was realigned, etc. Since the analysts would have to compile the data on a tight time line, Mr. Neal said the cost would be approximately $350,000 to $400,000. He said the task force was recommending that the cost be split among the regional governmental entities. San Patricio County had approved $100,000 in funding which they had given to the North Bay Task Force. The City of Kingsville and Kleberg Minutes - Regular Council Meeting July 26, 2005 - Page 2 County had approved $50,000 each. Nueces County was being asked for $200,000, which they would discuss at their meeting tomorrow. The city was being asked today to fund $75,000 towards the effort. Mr. Neal stated while this development presented a good opportunity for the preservation of the area's naval bases, it was not a certainty. He said the State of Virginia had a number of powerful elected officials who would fight the closure of NAS Oceana. He pointed out, however, that NAS C)ceana had serious issues with encroachment and noise pollution that would have to be addressed in spine manner. either through realignment or reallocation of resources. NAS Kingsville did not have encroachment or noise problems. Mr. Neal introduced Mr. 'ferry Carter with the Chamber of Commerce to explain the Chamber's role as fiducian agent for the South Texas Military Facilities Task Force. Mr. Carter stated the Chamber employed a CPA who reviewed the receipts and disbursements of the account on a monthly basis. They distributed the funds based on approved invoices only. He said they maintained two separate funds. one for the South 'texas Military Facilities Task Force, and the other for tfie revenues and expenditures made over the last several weeks related to the regional meeting held in San Antonio. Mr. Neal added any monies remaining from the effort would be redistributed �the governmental entities on a pro rata basis. In response to Mayor Garrett's question, Mr. Neal stated the task force's goal was to strengthen the position of NAS Kingsville by adding one or more of the training squadrons from NAS Oceana. It was also a natural fit to upgrade the tasks of NAS Corpus Christi, and to bring a nuclear carrier into NAS Ingleside on a regular basis. He said if these events were to occur, the impact on the bases would be enormous. Mr. Scott asked what the impact of bringing the training squadrons to NAS Kingsville would be Mr. Neal replied there were over 500 landings and takeoffs daily from NAS Oceana. If NAS K ingsville were to get one squadron from NAS Oceana_ it could translate into well over a 1,000 new johs and hundreds of millions of dollars in additional payroll and contracts for the South Texas area. Most importantly, he said the task force would have another mission for NAS Ingleside. Mr. Scott asked when the BRAC commission would make a final decision. Mr. Neal replied the commission could make a decision before Labor Day. Mr. Scott stated he had complete confidence in the integrity of the Chamber of Commerce, Mr. Neal, and everyone associated with the South Texas Military Facilities Task Force. Mayor Garrett asked City Manager Noe how the city would fund their $75,000 portion. Mr. Noe replied the initiative could be prorated among the city's General and Enterprise funds. He said the bulk of the $75,000 would come from the reserve appropriations in each of the operating funds as follows: General Fund Economic Development Org. - $1,250; General Fund Reserve Appropriation - $28,000; Water Fund Reserve Appropriation - $22,000; Wastewater Fund Reserve Appropriation - $11.250; and Gas Fund Reserve Appropriation - $12,000. 0 Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in support he task force's efforts and the additional funding. but questioned expending utility funds instead Minutes - Regular Council Meeting July 26. 2005 - Page 3 of general funds for the city's share . Mr. Abel Alonzo, 1701 Thames, spoke in support of providing the additional funding, and encouraged the city and the county to work together to reach this goal. A motion was made, seconded, and passed to approve Item 34 as follows: MOTION NO. 2005-251 Motion to authorize an expenditure of $75,000 from the FY06 Budget as the City's portion of additional funding to he contributed to the South Texas Military Task Force. 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 referred to Item 2 and the following hoard appointments were made: Corpus Christi Convention and Visitors Bureau Board Dan Viola (Reappointed) Jody Patel (Reappointed) Daniel Dain (Appointed) Robert Tamez (Appointed) Corbett 'Butch" Pool (Appointed) Planning, Commission Atilano Javier Huerta (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 26). City Secretary Chapa announced that Mr. Noyola would be abstaining from Items 3, 23, and 26.e. Mr. Scott stated he would be abstaining from the vote and discussion on Item 21. Mr. Bill Kopecky, 3609 Topeka, requested that Item 26.d. be pulled for individual consideration. Council members requested that Item 15 be pulled for individual consideration. A motion was made and passed to approve Items 3 through 26, constituting the consent agenda, except for Items 15 and 26.d., which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-230 Motion approving the purchase of a chiller monitoring system from Total Sense Corporation, of Corpus Christi, Texas based on sole source for the total amount of $32,800. The system will be installed on the air conditioning system located at the Corpus Christi International Airport. Funds are available in the Building Maintenance Capital Budget of the Airport Fund. The foregoing motion 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 July 26. 2005 - Page 4 MOTION NO. 2005-231 Motion approving the purchase of four (4) riding mowers from John Deere Commercial, of Cary, North Carolina in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC), for a total amount of $40,868.52. The riding mowers will be used by the Parks and Recreation Department. Funds are available in the FY 2004-2005 Park Operations Budget. fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison. Marez. Noyola_ and Scott. voting "Aye". MOTION NO. 2005-232 Motion authorizing the City Manager or his designee to accept a grant in the amount of 541.404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOC'A) Fund and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026355 Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. 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 - 6 ORDINANCE NO. 026356 Ordinance appropriating $26,425 of revenue from the sale of obsolete Corpus Christi Police Department (CCPD) weapons in the No. 1020 General Fund for the purchase of CCPD ammunition; amending the Operating Budget adopted by Ordinance 025878 by increasing appropriations by $26,425. 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 July 26. 2005 - Page 5 MOTION NO. 2005-233 Motion authorizing the Director of the Public Health District to execute an agreement with the Texas A & M University System Health Science Center - Coastal Bend Health Education Center to provide community health education for diabetes in the amount of $75,129 in the No. 1066 Health Grants fund for diabetes prevention and management services. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison. Marez. Noyola, and Scott. voting "Aye". a. RESOLUTION NO. 026357 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15.000 in the No. 1067 Federal/State Grants Fund to be used for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8 h. ORDINANCE NO. 026358 Ordinance appropriating a grant from the Texas Department of Health in the amount of $15,000 in the No. 1067 Federal/State Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity in our community. 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" MOTION NO. 2005-234 Motion authorizing the City Manager or his designee to reinstate the FY2002 Community Development Block Grant agreement with the Westside Business Association, amend the scope of work, and extend the contract term through March 31, 2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting July 2.6. 2005 - Page 6 9 h. MOTION NO. 2005-235 Motion authorizing the City Manager or his designee to execute an amendment to the FY2004 Community Development Block Grant agreement with the Nueces County Community Action Agency to modify the scope of work. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola. and Scott. voting "Aye". MOTION NO. 2005-236 Motion to modify the scope of work proposed by the Nueces County Community Action Agency to be completed with FY2005 Community Development Block Grant funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kelly, Kinnison, Marez, Novola, and Scott, voting "Aye". 9 d. MOTION NO. 2005-237 0 e. Motion authorizing the City Manager or his designee to execute a subrecipient agreement in the amount of $87.000 with the Corpus Christi Police Athletic League for funds provided from the FY2004 Community Development Block Grant Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-238 Motion authorizing the City Manager or his designee to execute a subrecipient agreement in the amount of $40,000 with God's Gym for funds provided from the FY2003 Community Development Block Grant Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10 MOTION NO. 2005-239 Motion authorizing the City Manager or his designee to execute a construction contract with TL Electric, of Corpus Christi, Texas in the amount of $57,800 for the Health Department Emergency Power Supply project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting July 26, 2005 - Page 7 1 a MOTION NO. 2005-240 Motion authorizing the City Manager or his designee to execute a construction contract with Longhorn Excavation, Inc.. of Richmond. Texas in the amount of $1,825,681.90 for the J. C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". h MOTION NO. 2005-241 Motion authorizing the City Manager or his designee to execute a Materials Inspection, Testing and Laboratory Services Contract in the amount of $137,596 with Kleinfelder of Corpus Christi, Texas for the J. C Elliott Landfill Sector 1 1 Liner Improvements and Final Cover Installation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye". '. MOTION NO. 2005-242 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $319,112 for the McKinzie Road Utility Relocation, Phase 2 (Equistar to Haven Drive). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-243 Motion authorizing the City Manager or his designee to execute a Right -of -Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B in the total amount of $41,000. containing a Utility, Right -of -Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391 and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting luh 26, 2005 - Page 8 1-1. MOTION NO. 2005-244 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a construction contract with Beecroft Construction Co., of Corpus Christi, Texas in the amount of $80,600 for the Business Conference/Meeting Room Build -Out. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026359 Ordinance amending the Code of Ordinances. Section 53-113, Speed in School Zones, by adding a reference to the Manual on 1lniform Traffic Control Devices; providing for penalties. 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. ORDINANCE NO. 026360 Ordinance amending the Code of Ordinances Chapter 53 -Traffic, Section 53-250, Schedule I, One-way streets and alleys, Section (b) School areas, by establishing a one-way traffic pattern on the following street sections during the designated school zone hours of Galvan Elementary School: Westbound one-way pattern on Masterson Drive between Kostoryz Road and White Bird Drive. Northbound one-way pattern on White Bird Drive between Masterson Drive and Elderberry Lane; and providing for penalties. 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'. ORDINANCE NO. 026361 Ordinance appropriating estimated increased revenues of $638,887 in the No. 5010 Stores Fund to cover projected increased expenses in the Warehouse Division related to cost of warehouse merchandise sold; amending Operating Budget adopted by Ordinance 025878 by increasing estimated revenues and appropriations by $638,887 each. 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 ,lulu 26. 2005 - Page 9 19 ORDINANCE NO. 026362 Ordinance appropriating $75,892 from the Building Security Reserve in the No. 1020 General Fund for additional security at City Magistration and Detention Center; amending Operating Budget adopted by Ordinance 025878 by increasing appropriations by $75,892. 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 "AyeTh 2_n MOTION NO. 2005-246 Motion authorizing the Cite Manager to execute a Deferment Agreement with Shoreline Oaks, Inc., (Developer). in the amount of $52.700.91 for public improvements including street pavement, curb, gutter and sidewalks. for the future street construction improvements to Purdue Road west of Flour Bluff Drive for a distance of 835 linear feet within the Shoreline Oaks Subdivision Unit 1. in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026363 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision - Unit 1, for the construction of the one-half street (Sydney Street), located approximately 1,300 linear feet south of Slough Road, east of Rodd Field Road, and north of Master Ditch 31; in accordance with the Platting Ordinance, of which the City's share of cost shall not exceed $88,443.79. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney. Cooper. Garcia. Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott abstained. ORDINANCE NO. 026364 Ordinance abandoning and vacating a 1,177 -square foot portion of a 10 -foot wide utility easement out of Lot 1B, Block 221. Port Aransas Cliffs; approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Dr. Darrel Ferris, to comply with the specified conditions. 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 July 26, 2005 - Page 10 ORDINANCE NO. 026365 Authorizing the City Manager or his designee to execute a lease with the United States Department of Transportation, Federal Aviation Administration, in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015. (First Reading 06/28/05) Ile foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. ,l a MOTION NO. 2005-247 Motion to amend prior to second reading ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting by replacing "user- with -producer- and clarifying schedule provided to cable operators by access user group. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye". 24.b. ORDINANCE NO. 026366 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney, Cooper. Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" ORDINANCE NO. 026367 Amending the Code of Ordinances by revising Section 39-301 Definitions; revising Section 39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; and providing for pay adjustments to relieve pay compression; revising Section 39-306 Full Time Employees; revising Section 39-334 Plan I Bereavement Leave; revising Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-350 Plan II Bereavement Leave: revising Section 39-353 Plan 11 Use of Personal Leave and Vacation in lieu of Sick Leave; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance: providing for effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting i uh 26, 2005 - Page 11 ORDINANCE NO. 026368 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water. Gas and Wastewater Rates: providing for an effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting 6.1,. ORDINANCE NO. 026369 Amending Section 55-63 and 55-70. Cock of Ordinances, City of Corpus Christi, regarding fees for servicing gas appliances and gas tap tees. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly. Kinnison. Marez, Noyola, and Scott, voting . 6.�. ORDINANCE NO. 026370 Amending Section 35-92. Code of Ordinances, City of Corpus Christi, to impose an administrative fee for the transfer of an oil and gas well permit; providing for penalties. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 26.c. ORDINANCE NO. 026372 Amending Section 9-35.1 Code of Ordinances, to add discounts for parking for thirty days or longer, waiver of certain parking fees. and commuter monthly parking permits for flight staff of airlines and code -sharing airlines based at the Corpus Christi International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for an effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 26.d. regarding increases in solid waste collection service fees. Mr. Bill Kopecky, 3609 Topeka, spoke against the increases in the garbage collection fees, saying these types of increases were excessive and would offset any decrease in the property taxes. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 26, 2005 - Page 12 26.d ORDINANCE NO. 026371 Increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Christi; providing an effective date. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting . Ave". Mayor Garrett opened discussion on Item 15 regarding the LIDAR (Light Imaging Detection and Ranging) mapping for Padre and Mustang Islands. Responding to Mr. Garcia's question, City ngineer Angel Escobar explained the city had coordinated with the Texas Department of ran.portation (x -DOT) to develop a Storm Water Master Plan that can be used for highway cvpansion (specifically of SH 361 )and continued development of the Padre and Mustang Islands. 1 le said the city proposed joining with Texas A&M ['niversity- Corpus Christi to provide LIDAR t 1 fight Imaging Detection and Ranging) data collection of the Padre/Mustang Island Basin, which is approximately 23 square miles. The LIDAR data collection will allow for the creation of Storm Water Master Plan Contour Map Sheets and for various coastline and land use studies. He said the C rtv of Corpus Christi was providing for 40 percent of the funding. In addition, Mr. Escobar stated 1�DOT was contracting with Goldston Engineering to design the Storm Water map sheets and outfalls for Padre/Mustang Island. Mr. Garcia asked if this plan would also address storm water issues on the city's southside or Flour Bluff. Mr. Escobar answered negatively. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-245 Motion authorizing the City Manager or his designee to exccute an Interlocal Cooperation Agreement with Texas A&M University -Corpus Christi in an amount not to exceed $100,000 to develop the necessary LIDAR (Light Imaging Detection and Ranging) mapping for Padre and Mustang Islands for the Storm Water Master Plan Project. 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 referred to Item 27.a., and a motion was made, seconded and passed to open the public hearing on the following street right-of-way closure: 27.a Public hearing to consider abandoning and vacating a 75.81 -square foot portion (0.50 -foot wide x 151.60 -foot long) of the Ennis Joslin Road public right-of-way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive. Director of Development Services Barbara Bailey Holly stated the Baypoint Resort Apartment was requesting the street abandonment and vacation of public right-of-way to correct an encroachment from an entrance sign that was inadvertently constructed over a portion of the public Minutes - Regular Council Meeting luly 26, 2005 - Page 13 right-of-way. She said the city was transferring the right-of-way for Ennis Joslin, Spur 3, to TxDOT at the end of 2005. Consequently, the city was required to ensure that the Ennis Joslin Road right-of- ,av was clear of any encroachments. No one appeared in opposition to the street right-of-way closure. Mr. Garcia made a motion to close the public hearing. seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: -7.h ORDINANCE NO. 026373 Ordinance abandoning and vacating a 75.81 -square loot portion (0.50 -foot wide x 151.60 - foot long) of the Ennis Joslin Road public right-of-way, adjacent to Lot 4, Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive; subject to compliance with the specified conditions. 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 the presentations on the day's agenda. The first presentation, Item S, was Report #1 on Bond Issue 2004. City Manager Noe stated this was the first of the scheduled quarterly updates, and noted the update would also be available on the city's website. City Engineer Angel Escobar reported of the 37 approved projects, two were being completed in-house and 35 projects were being awarded for design (A/E). In August 2005, he said the Council would consider additional A/E contracts for the entire Bond 2004 issue. Mr. Escobar reviewed the project timeline for the Street Improvement projects. He noted the street improvements for the Sunnybrook/Manshiem project were included in the drainage improvement bids for this project. He said the drainage improvement bids were rejected because the hids came in above budget. Since that time, staff had restructured the bid components for re -bid in late August or early September, noting that material costs (e.g. concrete and cement) were more affordable at this time. Staff anticipated bringing a contract to award the underground drainage, utility work, and street improvements for the Sunnybrook/Manshiem project. Mr. Escobar emphasized staff paid particular attention to projects with TxDOT designations and/or developer participation, such as the Park Road 22 bridge and the Padre Island Aesthetic Development Participation. In response to Mayor Garrett's question, Mr. Escobar said the Sunnybrook/Manshiem bids had come in $1 million over budget. so staff had restructured them for re -bid. Mayor Garrett asked I the re -bid would have any effect on the quality of the work. Mr. Escobar answered negatively, saying staff had restructured the project schedules to allow for more flexibility. He said the more rigid specifications set in the first bid had resulted in high bids. Mr. Scott asked what the process was for the Park Road 22 Bridge improvements. Mr. Minutes - Regular Council Meeting Iulu 26, 2005 - Page 14 Escobar explained this project involved the joint participation of TxDOT and the city. He said staff had notified TxDOT that the city's share of the funding was available. Staff would schedule a meeting with TxDOT to discuss the types of enhancements to be implemented between the JFK t 'auseway and SH 361. Subsequently, staff would share the recommendations with the Council and the Island Master Plan Committee. Mr. Scott asked for a timeline on the project. City Manager Noe replied staff would provide a schedule for the consultation process and the construction. Regarding the Traffic Congestion Management project. Mr. Kinnison asked when staff would present a list of intersections. Mr. Escobar replied staff would bring the A/E agreement with HDR I• ngincering, the tirm selected to design the projects, to the Council on August 23,. He said there '' cr_ three primary areas to be worked on as follows: Everhart corridor (SPID to Saratoga); ttcaondarc access to the shopping center located at the corner of Everhart and SPID access road; and the .tddition of a left turn lane from Everhart Road to Congressional Drive. Mr. Kinnison asked when the list of streets to be included in the traffic signalization project uuld he presented to the Council. Mr. Escobar answered there were ten intersections being onsidered. Staff was conducting warrants on each of the intersections to justify their selection. He said four out of the ten intersections had been completed at this point. Staff anticipated completing the list in late October. Regarding the Cimarron Boulevard expansion project, Mr. Garcia asked if the improvements �'.ould enhance the intersection ofCimarron Boulevard and Yorktown Boulevard with turning lanes. Mr Escobar replied this intersection was scheduled for improvements before the major work was bid He said he would provide Mr. Garcia with a work schedule. Mr. Garcia also asked what types of improvements were included in the North Beach Area improvements project. Mr. Escobar replied the improvements included sidewalks, landscaping, ignage, and a boardwalk. Staff had met with the North Beach Association a number of times, and they had provided a list of priorities. He said the city would be entering into a contract with architect John Wright to determine how to best use the funds. Mr. Escobar said the boardwalk expansion was Funded with $40,000 per year with a $60.000 match from the State General Land Office for a total of $100,000. Mr. Escobar reported on the project timeline for Public Health & Safety, Public Facilities, Parks & Recreation, and Bayfront Projects. He said staff had issued bids for Phase 2 of the Museum Pire Suppression System, hoped to receive bids in August, and then bring the bids for award in late august or early September. He anticipated finishing the project next April. Regarding the Northwest Library expansion, he said the project was currently in the land acquisition phase. Staff anticipated issuing construction bids in November or December, with actual construction beginning in February 2006. The project was scheduled for completion next April. Mr. Escobar noted a substantial number of bids were scheduled to be issued beginning in December. Staff had communicated with other governmental entities and local contractor associations to schedule the bids so they would not conflict with other local projects. Minutes - Regular Council Meeting July 26. 2005 - Page 15 Mr. Noyola asked why the Southside Fire Station project had experienced so many delays. C tt) Manager Noe replied that significant staffing costs were partly to blame. He said items with a significant impact on operations and maintenance were placed on the end of the construction schedule. Mr. Noyola replied this was a high priority item for the voters, and it required a relatively short construction period of nine months. City Manager Noe answered the challenge was not the construction period; rather, it was a question of acquiring adequate funding to staff the facility. He added that there would be more information on the fire station facilities when the Tri -Data report results were issued in approximately 30 days. * * * * * i is * * * The next presentation was Item 29. a City Council Focus Area regarding infrastructure issues 1drainage, sewer_ streets and water). Assistant City Manager Ron 'Massey discussed the key processes staff used to implement and maintain infrastructure as follows: piaster planning, capital Harming, and funding. Regarding the piaster planning process, he said three main plans, the ( .Tmprchensiee Plan, the -Arca Development Plans. and the Urban Transportation Plan, set the framework for the city's water, wastewater, storm water, parks, facilities, and airport master plans. 1 le said master planning provided the basis for identifying the city's infrastructure needs. Mr. Massey stated the capital planning process was the vehicle for scheduling and funding the city's infrastructure. The Council reviewed and approved an annual capital budget, based on the Iitture needs assessment identified in the master planning process. Staff prioritized the capital projects hased on the following criteria: regulatory/safety issues; rehabilitation of existing infrastructure; and expansion of the system. In addition, Mr. Massey explained the funding process used in the capital budget as follows: current year, short-range (three years), and long-range (beyond three years). The current year capital budget was fully funded, the short-range budget was comprised of projected costs, and the long- range plan was unfunded. He displayed a graph illustrating the historical capital budget from 1998 t o 2005. In 1998. 75 percent of capital budget expenditures were comprised of utility revenues, and 1099, the percentage was 86 percent. Beginning in 2000, the revenue picture changed with the passage of Bond Issue 2000, the sales tax initiatives, the Packery Channel TIF, and hotel/motel tax changes for the convention center. He emphasized, however, that the consistent funding source for capital improvements was utility fund revenue. Mr. Massey displayed a graph depicting Capital Improvement Program (CIP) expenditures from 1995 to 2005. Mr. Kinnison commented the city completed many more capital projects now than in 1995 to 1999, saying the city did more in one year than they used to do in three to four years combined. Mr. Massey discussed the types of funding sources available for infrastructure projects as follows: voter -approved General Obligation (GO) and sales tax bonds; revenue supported bonds; hotel/motel tax supported bonds; Tax Increment Finance (TIF) districts; improvement districts/assessments; and federal/state government. Mr. Massey mentioned a number of recent funding sources as follows: Federal Aviation Minutes - Regular Council Meeting July 26. 2005 - Page 16 Administration (FAA) grants/ Passenger Facility Charges; 2000 Bond issue; 2000 sales tax issues; Packery TIF; Hotel/Motel tax; 2002 economic development sales tax; and 2004 Bond issue. He displayed a graph illustrating the debt service on General Obligation bonds from FY 2006 to FY 2021 Mr. Massey summarized the issues affecting the level of infrastructure as follows: level of investment: priorities; and timing and/or frequency of budget approval. He noted the approval of the capital budget lagged behind the approval of the operating budget. He said the city may want to consider adjusting the timing of the capital budget so it was approved prior to the approval of the nperiting budget. In addition, the city may also want to consider whether the capital budget needed tt he approved on an annual basis. Since the capital budget involved long-term projects, Mr. Massey id it may make more sense to approve it every two years. Mr. Garcia spoke in favor of reviewing Inc c.ipital budget eccry two years. In conclusion, Mr. Massey discussed a number of follow-up actions related to infrastructure. 1 :rst. the Council could discuss infrastructure issues during the proposed Council Workshop on I inancial policies. Second, staff could change the project prioritization procedures if necessary, based on feedback from the workshop. and then revise the capital budget accordingly. Finally, the city would finalize the schedule for the next capital budget process. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 30 regarding the dedication of Ben Garza Park. Director of Parks and Recreation Sally Gavlik stated this item included the approval of the Site Master Plan for Ben Garza Park, as well as dedicating a portion of city property that had previously been a water reservoir site, as parkland. Mr. Billy Delgado and Mr. Art Sosa with the Parks and Recreation Department presented the Ben Garza Park Site Master Plan. Mr. Delgado displayed a slide of the current site plan, highlighting the area near Ben Garza Gym where the in -ground tank was removed. He described the proposed amenities for the Master Plan as follows: trails, picnic pavilions, playgrounds, baseball fields, aquatic clement, and outdoor covered basketball pavilions. He then reviewed the proposed site plan incorporating these amenities. Mr. Delgado stated the proposed site plan addressed problems with parking in the area related to the ball fields. He said the plan increased the number of parking spaces, and moved the entrance to the parking lot to allow for easier access to the Crosstown Expressway. Mr. Sosa reported the Ben Garza Park Site Master Plan fulfilled six of the ten priorities identified for parks. Based on the size of the site, he said this was the maximum number of priorities that could be incorporated here. In response to Mr. Marez's question, Mr. Delgado said the Police Athletic League currently had a one-year lease to use the softball field. He said staff was negotiating a five-year lease for the field to allow them to continue to use the property. Minutes - Regular Council Meeting July 26. 2005 - Page 17 Mr. Noyola asked for a timeline for implementation of the plan. Ms. Gavlik replied the city had CDBG funds they would apply to the ballfield construction. In addition, staff was applying for a grant to acquire funds for construction of the trail next June. The aquatic element would actually he located in Wilmot Park, an extension of Ben Garza Park. She said this element would be developed over the next two years. Mr. Noyola spoke in support of the plan, saying the park was sorely needed on that side of town. Mr. Scott questioned whether the proposed site plan incorporated adequate parking for three baseball fields. Mr. Delgado replied affirmatively, saying people could still park along the street if ceded. Mr. Sosa added one of the challenges of park land design was not to overwhelm the site 4 itli parking spaces. Mr. Scott and Mr. Garcia spoke in support of the park and the facility. Mr. Noyola asked i (there were plans to cover the bleachers in the baseball fields because of the heat. Mr. Delgado replied the Police Athletic League had expressed interest in acquiring CDBG funds and grant funds to provide bleachers with shade. City Manager Noe acknowledged staffs efforts in developing the plan, noting that Ben Garza was Mr. Delgado's grandfather. so he had a special interest in the project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: U. RESOLUTION NO. 026374 Resolution dedicating the City property at 1815 Howard St. as Ben Garza Park, a public park, including the area formerly referred to as Ben Garza Gym and Athletic Field; and approving the Site Master Plan for Ben Garza Park. The foregoing resolution 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 31 regarding a wastewater construction project along IH -37, SH -286 (Crosstown Expressway), and SH -358 (Padre Island Drive). City Engineer Angel Escobar explained this project would clean, televise, and rehabilitate all 26 sanitary sewer line segments using cured -in-place pipe along these major highway routes. The action was necessary to prevent future cave-ins, blockages, and settlements. Mr. Escobar reported the project had bid and is ready for construction; however, the bid process was subject to an irregularity. He said the low -bid contractor, rePipe-Texas, Inc., did not acknowledge receipt of the addenda, and consequently requested to withdraw their bid. However, the consultant did not believe any of the items in the addenda materially affected the bids. Thus, based on the information available, he said there appeared to be no administrative or technical reason not to award the contract to rePipe-Texas, Inc. Staff recommended the irregularity of not acknowledging receipt of the addenda be waived. Mr. Escobar said the city cannot allow rePipe-Texas, Inc. to withdraw the bid without the forfeiture of the bid bond. The normal procedure would be to recommend award to rePipe-Texas, Inc have them not execute the contracts, rescind the award, contact the surety company for the bid Nlinutes - Regular Council Meeting July 26. 2005 - Page 18 bond. and then award to the second lowest bidder. To save time, the city and rePipe-Texas agreed to have the company send a letter declining the award of contract and requesting substitution of a cashier's check in the amount of $61,063 in place of the bid bond. Staffs recommendation was to accept the request of rePipe-Texas. Inc. in declining acceptance of the award and substitute a cashier's check; and award the contract to WESCO Infrastructure Technologies L.P. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2005-248 Motion authorizing the City Manager or his designee to accept the request of rePipe-Texas, Inc. in declining acceptance of the award of the contract and substituting a cashier's check in the amount of $61,063 in place of the bid bond and tbrfciting said amount to the City. Mc foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kelly. Kinnison, Marez, Noyola. and Scott. voting "Ave". 1 b ORDINANCE NO. 026375 Ordinance appropriating a deposit in the amount of $61,063 from rePipe-Texas, Inc. for payment of a forfeited bid bond in Wastewater Capital Improvement Program Fund 3430 for the Wastewater Pipe Rehabilitation FY2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive) project; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $61,063. 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" I.c. MOTION NO. 2005-249 Motion authorizing the City Manager or his designee to execute a construction contract with WESCO Infrastructure Technologies, LP, of Pearland, Texas in the amount of $1,968,747 for the Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway) and SH -358 (Padre Island Drive). 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 32 regarding appropriation items for Whataburger Field. Assistant Director of Engineering Services Kevin Stowers reported the Port of Corpus Christi was providing funds for security fencing upgrades they had requested along the north property line. In addition, the Corpus Christi Hooks and Whataburger were providing a total of approximately $255.000 for work items they had requested. Mr. Stowers said these appropriations would provide the necessary funding to proceed with Change Order No. 6 in the amount of $467,000. Mr. Stowers noted all the items had been completed. Finally, he stated there would be an additional change order forthcoming to acquire additional compensation from the Corpus Christi Hooks and other associated Minutes - Regular Council Meeting July 26, 2005 - Page 19 organizations. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 32.a ORDINANCE NO. 026376 Ordinance appropriating $2.742.36 from unappropriated interest earnings and $14,985 from miscellaneous revenues into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for the Whataburger Field; amending the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by 517,727.36. 1n emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia. Kinnison, Marez, Noyola, and Scott, noting -AN c.._ Kelp abstained. ?.b ORDINANCE. NO . 026377 Ordinance appropriating 51,450 from miscellaneous revenues received as restitution for theft of ballpark boiler doors into the General Fund No. 1020 for the Whataburger Field; amending the FY 2004-2005 Budget adopted by' Ordinance No. 025878 by increasing appropriations by $1,450 An emergency was declared_ and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. 32.c ORDINANCE NO. 026378 Ordinance appropriating $168.797 from the Corpus Christi Hooks into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for team requested modifications to Whataburger Field; amending the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $168,797. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting -Aye"; Kelly abstained. ?2.d. ORDINANCE NO. 026379 Ordinance appropriating $86,099.78 from Whataburger, Inc. into the Baseball Stadium 2004 Capital Improvement Program Fund No. 3276 for concessionaire requested modifications to Whataburger Field; amending the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $86,099.78. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. Minutes - Regular Council Meeting July 26. 2005 - Page 20 3'.e MOTION NO. 2005-250 Motion authorizing the City Manager or his designee to execute Change Order No. 6 with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $467,011.15 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $23,577,837.15 for construction of the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia_ Kinnison_ Mare/. Novola, and Scott. voting "Aye"; Kelly abstained. Mayor Garrett opened discussion on Item 33 regarding parking prohibitions in the arena and baseball stadium area. Citv Engineer Angel Escobar reported this iteni had been tabled previously ) al low city, staff to meet v ith Mr. Joe McComb about the access issues the restrictions would create Hr his warehouse. located on Power Street and Tancahua. Mr. McComb stated in a letter that the level of use did not warrant a no parking zone that would impair street and sidewalk access to his facility_ Mr. Escobar refuted this claim, saying the level of use was high when activities at Whataburger Field. the Old Concrete Street Amphitheater, the Ortiz Center, and the American Bank (enter were all averaged in. In addition, he said traffic from Portland or North Beach was directed by electronic message board onto Tancahua Street for special events at the American Bank Center. f inally_ he said Police Captain Robert MacDonald has found Tancahua Street to be an important part of the traffic management plan for special events. Ile was in favor of the parking restrictions to address safety concerns in the area. In conclusion, Mr. Escobar stated staffs review indicated there .las no connection between the proposed no parking ordinance and building access. Mr. Escobar stated staff met with Mr. Dusty Durrill who owns the adjoining property that could provide access to Mr. McComb's facility. During the meeting, Mr. Durrill explained that Mr. McComb had right of first refusal from the railroad when the property was sold. Mr. McComb declined to purchase the property or any portion of the property which had provided him with access. Mr. Durrill also pointed out that after he acquired the property, Mr. McComb continued to use the property without permission. He ultimately notified Mr. McComb to cease using the property as his trucks were damaging the lots. Subsequently, Mr. Durrill installed posts and cables to prevent access. He was unwilling to provide any additional assistance to Mr. McComb after three and half N ears of unauthorized use. Mr. Escobar stated the two remaining acceptable options were then further refined and cost estimates developed. The resulting three alternatives required the use of Tancahua Street right-of- way_ building modifications, and a driveway width exceeding the driveway ordinance limitation. He reviewed the three options individually. Option A required northbound trucks to back in parallel to the warehouse and required removal of concrete curb and gutter, removal of sidewalk, pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a warehouse door, and construction of a loading dock at an estimated total cost of $34,814.53. Option ti was similar but required the relocation of an existing power pole and was slightly less costly at $30.067.33. Option C required southbound trucks to back in from the northbound lane parallel to the warehouse, and required the removal of concrete curb and gutter, removal of a sidewalk, M inutes - Regular Council Meeting July 26. 2005 - Page 21 pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a warehouse door, existing power pole, and a loading dock at an estimated cost of $37,244.48. He emphasized that this option was not being recommended. In conclusion, staff was recommending the adoption of the no parking ordinance as presented, and approval of a use privilege agreement for right-of-way usage upon application by the pi operty owner provided they conform to one of the two recommended alternatives. In response to Mr. Scott's question, Police Captain McDonald reiterated the importance of .utcahua Street in the traffic management plan for the area. He said many events were scheduled i; the daytime. and thus would conflict vv ith the operation hours of Mr. McComb's facility. Mr. Kinnison asked if NIr. NlcC omb had indicated whether he would accept either of the two options. Mr. Escobar replied Mr. McComb had not issued a response. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 026380 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-252, Schedule Ill, Parking prohibited at all times on certain streets, by prohibiting parking on the following street sections: (Tabled 7/12/05) I . East Port Av enue. north side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street. both sides, from East Port Avenue to Brewster Street. 3. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street. 4. North Tancahua Street, both sides, from East Port Avenue to U.S. 181. 5. East Hirsch Street, both sides, from North Mesquite to North Chaparral Street. 6. North Chaparral Street, both sides, from U.S. 181 to I.H. 37; providing for penalties. 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" l.b. ORDINANCE NO. 026381 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-253, Schedule IV, stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: (Tabled 7/12/05) I . North Mesquite Street, both sides from U.S. 181 to I.H. 37. 2. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east; providing for penalties. An emergency was declared, and the foregoing ordinance was passed and approved with the Minutes - Regular Council Meeting July 26, 2005 - Page 22 following vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. ************ Mayor Garrett called for petitions from the audience. Mr. Andy Corona, 1902 Loritte, spoke w support of Police Chief Pete AIN, arc/. saying the Council was wrong to chastise him at last week's ouncil meeting. Mr. Emile S. Bolden 1. 5602 Palo Alto, spoke regarding his son's accomplishments. Mayor Garrett called for a brief recess. Mayor Garrett opened discussion on Item 35 regarding a number of proposed parks and recreation fee/rate increase adjustments. Director of Parks and Recreation Sally Gavlik stated the information in the Council agenda books was incorrect, and said a correction had been distributed. Exhibit A consisted of fees for the new boater facilities in the marina, regattas, and multicultural center facilities use. Exhibit B consisted of fees for athletics and toumaments, aquatics, recreational facility rentals, and the summer youth program. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 026382 Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time Activities Rental and Recreational Fees; adding new rental fees and recreational fees for Fiscal Year 2005-2006: and providing for an effective date. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Noyola. and Scott. voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 36, a number of proposed fee/rate increase adjustments. City Manager Noe stated this was the second reading of this item, and noted a number ofcorrections had been made since the first reading which were explained in the agenda book. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 26. 2005 - Page 23 36a. MOTION NO. 2005-252 Motion to amend prior to second reading by substituting ordinance amending Section 55-22, 55-28, and 55-38, the Code of Ordinances, City of Corpus Christi, regarding application fees for new or transferred utility service, fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties. fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly. Kinnison. Noyola. and Scott, voting "Aye'; Marez was absent. h ORDINANCE NO. 026383 'Unending Section 55-22. 55-28. and 55-38. the Code of Ordinances, City of Corpus Christi, regarding application fees for new or transferred utility service, fees for testing meters, service charges related to disconnecting utility service for delinquent or unauthorized usage accounts, and service charges for bypassing or tampering with meters; providing for penalties. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly. Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 37 regarding proposed airport fee/rate increase adjustments. City Manager Noe stated this was the second reading of this item, and noted a number of corrections had been made since the first reading which were explained in the agenda book. There were no comments from the public. City Secretary Chapa polled the Council for their votes as tollows: MOTION NO. 2005-253 Motion to amend prior to second reading ordinance amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, permit for airport ground transportation operations, by revising the fees and charges by revising Paragraph (b)5 "Charter Vehicle" fee from $10.00 to $5.00; providing for an effective date of September 1, 2005; providing for repeal; providing for penalties. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. and Scott, voting "Aye"; Marez was absent; Noyola abstained. Minutes - Regular Council Meeting July 26. 2005 - Page 24 ;, h ORDINANCE NO. 026384 Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, Permit for Airport Ground Transportation Operations, by revising fees and charges; providing for an effective date of September 1, 2005, providing for repeal; providing for penalties. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kc lti_ Kinnison, and Scott, voting "Aye"; Marez was absent: Novola abstained. Mayor Garrott opened discussion on Item 38. the second reading of the proposed FY 2005- .2006 budget. City Manager Noe discussed Items 38 and Item 39, setting the public hearing for the ad vaiorem tax rate, together because they were closets related items. Ile said there were a number proposed amendments to the budget. reflecting the funding options adopted by the Council on July 19. '005. The amendments included $2.1 million in decrease adjustments; the addition of the trapped animal program funding in the Health Department; funding for Item 34, the South Texas Military Task Force; Pawn Shop Detail funding; and funding for repairs to the Art Museum of South Texas and the Harbor Playhouse. In addition, Mr. Noe stated funding for Convention incentives (350.000) and Hotel/Motel tax audits (325.000) had been separated from the Convention promotion line item to allow for better management of these expenditures. Regarding the ad valorem tax rate, City Manager Noe reported staff received the latest information on property 'values yesterday from the Nueces County Tax Appraisal District. As staff had suggested last week, he said the values on the current tax roll were higher than estimated. Mr. oe displayed a chart depicting the evolution of the proposed city tax rate during the budget process. The current tax rate, adopted in FY 2004-05, was $0.634, comprised of a $0.460 Maintenance & Operation (M&O) tax rate and a $0.174 debt service tax rate. The proposed FY 2005-06 budget staff presented in May included a $0.654 tax rate, consisting of a $0.455 M&O tax rate and a $0.199 debt service tax rate. On July 19, the Council authorized a number of changes to keep the effective tax rate for the M&O portion of the Ad Valorem Taxes level, translating into a tax rate of $0.632, consisting of a $0.433 M&O rate and 30.199 debt service rate. Based on the latest appraised values provided by the appraisal district, Mr. Noe stated staffs recommendation was to further reduce the M&O rate to $0.427 and maintain the $0.199 debt service tax rate, resulting in a total tax rate of 30.626. He emphasized. however, the numbers would probably change continually throughout the budget process, but this was staffs best estimate at this point. In addition, Mr. Noe said the recommended tax rate will produce slightly more revenues than estimated last week. Staffs recommendation was to take any difference in revenues in the general fund and place it in a reserve appropriation. Staff would bring this amendment to the Council for their approval later in the year. Mr. Scott asked for a historical perspective on the city's M&O tax rate and total tax rates. Assistant City Manager Oscar Martinez stated the last time the tax rate was this low was in 1987. Mr. Scott also asked for a five-year perspective on growth and valuations. He noted the appraisal district was saying the total growth in valuations was 8.8 percent. In response to Mr. Scott's Minutes - Regular Council Meeting July 26, 2005 - Page 25 question, Director of Finance Cindy O'Brien stated the growth rate was 7.7 percent. Mr. Scott asked it the city had seen this type of growth in recent memory. Mr. Martinez answered negatively. Mr. Scott concluded the reality was that the city's economy was robust, and because of this, the taxpayers would benefit from a reduction in the tax rate. He asked Ms. O'Brien to provide the historical info the Council could better communicate the state of the economy to the public. Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, requested that the proposed M&O rate be even lower because the certified tax roll was higher than estimated during II Lc .1 uh 19. 2005 meeting. Mr. O'Brien. 4130 Pompano. spoke against any increases in utility rite: and asked the Council to reduce the budget e% en further. Mr. Scott asked what portion of the proposed utility Find increases was applied to capital improvement project costs. .Assistant City Manager Ron Massey replied the majority of the revenues disci through utility rate increases supported the capital improvements. Mr. Scott pointed out the .ty was executing many more capital improvement projects than ever before, and it was important tr communicate this point to the ratepayers. I le asked staff to provide a percentage of the portion o revenues from utility rate increases that were applied to capital improvement project costs. Mr. Chesney asked if the proposed tax rate maintained the effective tax rate, as he had requested earlier. City Manager Noe replied that for the general operating budget, the proposed tax rate did maintain the effective tax rate: however, the proposed rate did not maintain the effective tax rate on the debt service side. Mr. Chesney pointed out the increase in the debt service rate was approved by the voters in Bond Issue 2004. City Secretary Chapa polled the Council for their votes as follows: 38.a MOTION NO. 2005-254 Motion to amend prior to second reading the ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget; which passed on first reading on July 19, 2005, by revising Section 1 of the Ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 38.b ORDINANCE NO. 026385 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading 07/19/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 39, setting the public hearing on the ad valorem Minutes - Regular Council Meeting July 26. 2005 - Page 26 tax rate. City Secretary Chapa noted that Item 39.a. needed to be amended to reflect the new ad valorem tax rate of $0.625799. Mr. Noyola made a motion to amend Item 39.a. as stated by Mr. Chapa, seconded by Mr. Garcia. and passed. City Secretary Chapa polled the Council for their votes as follows: 9.a. MOTION NO. 2005-255 Motion setting September 13.2_005 as the date of the adoption of the ad valorem tax rate of $0.611722 50.625709 per $100 valuation. the foregoing motion was passed and approved as amended with the following vote: Garrett. Chesney. Cooper. Garcia. Kelly. Kinnison. Noyola, and Scott, voting "Aye"; Marez was absent. b MOTION NO. 2005-256 Motion setting a public hearing on the ad valorem tax rate for August 23, 2005 and a second public hearing for August 30. 2005, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street. Corpus Christi, Texas. the foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Noyola. and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 40, the appointment of Council Members as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 40 MOTION NO. 2005-257 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett called for a brief recess to hold the city corporation meetings. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe asked City Engineer Angel Escobar to report on Hurricane Emily's impact on the Packery Channel project. Mr. Escobar displayed a number of photographs of Packery Channel as of July 21, 2005 showing the extent of damage the channel sustained as a result of Hurricane Emily. He said city staff met with the Corps Minutes - Regular Council Meeting Iuh 26, 2005 - Page 27 of Engineers staff to perform a detailed assessment of the channel's condition. A preliminary review of the project revealed in part that because a temporary sand plug was in place between the two jetties. water was forced on the land side of both of the jetties. On the north side, the water undermined the erosion protection at its intersection with the west end of the land jetty, resulting in fai lure of approximately 150 feet of erosion protection. He said staff would forward the results of the detailed assessment as soon as it was ready. Mr. Noe added that the Corps of Engineers had indicated in the past that they had access to emergency funding for any repairs. He said there had Hcen no discussion regarding any potential time delays caused b. the repairs. In response to Mr. Scott's question. Mr. Escobar replied staffs initial conclusion was that if he temporan sand plug had not been between the t jetties. the water in the channel would have isen at the same rate as the water on the land side ofthe jctty: therefore, there would not have been undermining of the erosion protection. Mr. Scott asked if there was any damage to the jetty. Mr. isobar answered negatively. saying they were unable to detect any damage visually. Cite Manager Noe reported stall had distributed a memo regarding the closure of the k oodtrust Bridge on Lexington Road. just east of Rodd Field Road, as a result of the latest analysis from TxDOT on the bridge's status. I le said the bridge was scheduled for replacement in 2007, but the city would work with TxDOT to accelerate the time line as possible. Mayor Garrett asked staff publicize this closure to the neighborhood. Mr. Noe reported online registration for the latchkey program was now available at w.ccparkandrec.com. Finally, Mr. Noe stated the next Council meeting would take place on August 23 because of the summer break. The following items were scheduled for consideration on that date: public hearing on the ad valorem tax rate; update on the Neighborhood Initiative Program (NIP); and a presentation on the City Council Focus Area: Neighborhoods. Mayor Garrett asked storm water staff to look at the intersection of Purdue and Flour Bluff Road. Mr. Garcia interjected and stated he had already contacted staff about the problem. Mayor Garrett called for Council concerns and reports. Mr. Noyola thanked Mayor Garrett, and Council Members Scott, Chesney, and Garcia for donating to the Oso Mighty Sharks for their tournament in Galveston, which they won. He also reported the Westside International Little League Nil -Stars had advanced to a tournament in Dallas which could lead to a World Series berth. Mr. Scott asked for a time line on the changes in the Texas General Land Office (GLO)'s process to remove vehicles from the beach near the seawall. Ms. Cooper reported there would be a town hall meeting on Monday, August 1 at 6.p.m. at Montclair Elementary School, hosted by Council Member Scott. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:22 p.m. on July 26, 2005. * * * * * * * * * * * * *