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HomeMy WebLinkAboutMinutes City Council - 03/28/20061 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 March 28, 2006, which were approved by the City Council on April 11. 7_006. WITNESSETH MY HAND AND SEAL, on this the 14th day of April, 2006. 1 Armando Chapa City Secretary SEA1. PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 28, 2006 - 10:08 a.m. 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 Pastor Rod Young of the Church of Hope and the Pledge of Allegiance to the United States flag was led by Council Member Garcia. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 21, 2006. A motion was made and passed to approve the minutes as presented. ************* Mayor Garrett called for consideration of the consent agenda (Items 2 - 18). City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on Items 16 and 17. There were no comments from the public. A motion was made and passed to approve Items 2 through 18, constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2006-089 Motion approving the lease of a wheel loader with Scott -Macon Equipment, of Corpus Christi, Texas for the total amount of $98,496, of which $16,416 is budgeted in FY 2005- 2006. The award is in accordance with Bid Invitation No. BI -0100-06 and is based on only bid The term of the lease is for twenty-four months with an option to extend the lease for up to twelve additional months subject to the approval of the City Manager or his designee. The wheel loader will be used by the Parks and Recreation Department. 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 March 28, 2006 - Page 2 MOTION NO. 2006-090 Motion approving a supply agreement with Martin Marietta Materials, of Corpus Christi, Texas for Flexible Base Caliche, in accordance with Bid Invitation No. BI -0078-06, based on only bid, for an estimated annual expenditure of $192,950. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas, Water. Wastewater. Storm Water and Street Departments in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". RESOLUTION NO. 026700 Resolution authorizing the City Manager or his designee to submit a Juvenile Accountability Block Grant application to the State of Texas, Office of Governor, Criminal Justice Division in the amount of $11,997 for theft prevention program for the Municipal Juvenile Court, with a City match of $1,333 in the No 1020 General Fund, and total project cost of $13,330. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". RESOLUTION NO. 026701 Resolution authorizing the City Manager or his designee to submit grant application(s) to the Texas Commission on the Arts for: $10,000 grant for core support for the 2007 Festival of the Arts, with a $10,000 City match in the No. 1030 Arts Grants/Projects Fund, and total project costs of $20,000; and mini -grant for funding for the 2007 kickoff event, for addition of musicians and a headliner group. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026702 Ordinance appropriating $670 in the No. 4720 Community Enrichment Fund to purchase playground equipment for Vineyards Park 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" 7 ORDINANCE NO. 026703 Ordinance authorizing the City Manager or his designee to execute a five-year lease and use agreement with Universal Little League for baseball programs at Greenwood/Horne Youth Sports Complex. 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 March 28. 2006 - Page 3 8 MOTION NO. 2006-091 Motion authorizing the City Manager or his designee to execute a Contract for Geotechnical Services with Fugro South, Inc., of Corpus Christi, Texas in the amount of $32,360 for the Bayfront Development Plan Phase 1. (BOND ISSUE 2004) 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. 2006-092 Motion authorizing the City Manager or his designee to execute Amendment No. 3 with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $30,000 for consulting services associated with Pre -Planning of Emergency Recovery Operations. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10.a. ORDINANCE NO. 026704 Ordinance appropriating $854,747 from the unappropriated interest earnings from Wastewater 1995A Capital Improvement Program Fund No. 4242 for the City-wide Infiltration Related Collection System Enhancement Program; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $854,747. 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" 10.b. MOTION NO. 2006-093 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Earth Tech, Inc., of Austin, Texas in the amount of $854,747 for City-wide Infiltration Related Collection System Enhancement Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 11. MOTION NO. 2006-094 Motion authorizing the City Manager or his designee to execute a construction contract with Excel Pump and Machine, Inc, of Corpus Christi, Texas in the amount of $87,188 for the O. N. Stevens Water Treatment Plant High Service No. 7 Pump and Motor Assembly. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting March 28, 2006 - Page 4 ORDINANCE NO. 026705 Ordinance abandoning and vacating a 4,792 -square foot portion of a 20 -foot wide utility easement out of Block B -2C, Cullen Place; located east of the Airline Road public right-of- way and approximately 300 feet south of the Alameda Drive public right-of-way; 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". 13. ORDINANCE NO. 026706 Ordinance abandoning and vacating a 22,944 -square foot portion of a 15 -foot wide utility easement out of Lot 2, West Park Addition; located between the North Padre Island Drive (SH358) public right-of-way and the McBride Lane public right-of-way, north of the Hampshire Road public right-of-way; 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" 14. ORDINANCE NO. 026707 Ordinance abandoning and vacating a 290 -square foot portion of a 15 -foot wide utility easement out of Lot 18, Block 2, South Fork Unit 5; located at 3202 Quail Creek Drive, approximately 365 feet southwest of the Dove Hollow Drive and Quail Creek Drive intersection: 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" 15. ORDINANCE NO. 026708 Ordinance abandoning and vacating a 290 -square foot portion of a 15 -foot wide utility easement out of Lot 19, Block 2, South Fork Unit 5; located at 3158 Quail Creek Drive, approximately 305 feet southwest of the Dove Hollow Drive and Quail Creek Drive intersection; 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" Minutes - Regular Council Meeting March 28. 2006 - Page 5 16. ORDINANCE NO. 026709 Ordinance amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, permit for Airport Ground Transportation operations, by exempting the Regional Transportation Authority from permit provisions of Section 9-61; providing this Ordinance is effective immediately after publication; providing for repeal; 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, and Scott, voting "Aye": Noyola abstained. FIRST READING ORDINANCE Amending Ordinance No. 021822 as amended by Ordinance No. 022351 authorizing the United States of America (National Weather Service) the option to automatically renew its lease with the City of Corpus Christi from year to year unless notice is provided by the United States Government thirty days prior to the annual renewal date that it will not exercise its renewal option. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 18. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting. 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 19.a., and a motion was made, seconded and passed to open the public hearing on the following right-of-way closure: 19.a. Public hearing to consider abandoning and vacating a 133.01 -square foot portion of the Oso Parkway public right-of-way, out of King's Crossing Garden Homes and Lots 16-20, Block 38. King's Crossing Unit 1, Phase 1; located at the intersection with Garden Court public right-of-way, approximately 520 feet south of Lens Drive. City Secretary Chapa noted that the ordinance would be considered in two readings, not an emergency reading as stated in the agenda. No one appeared in opposition to the right-of-way closure. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 28, 2006 - Page 6 19.b. FIRST READING ORDINANCE Ordinance abandoning and vacating a 133.01 -square foot portion of the Oso Parkway public right-of-way, out of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1, Phase 1: located at the intersection with Garden Court public right-of-way, approximately 520 feet south of Lens Drive; subject to compliance with the specified conditions. 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 20, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0206-04, Texas Star Investments, Inc.: A change of zoning from a "R-1 B" One - family Dwelling District to a "B-4" General Business District. The property being 7.2385 acres, consisting of Lot 1-R and a portion of Lot 2, Block 2 of the Noakes Partition, located on the north side of Interstate Highway 37 and north of Violet Road. City Secretary Chapa stated the Planning Commission and staff recommended the denial of a "B-4" General Business District, and in lieu thereof, approval of a "B-4" General Business District along the frontage for an area of 155 x 315 feet (1.2039 acres). No one appeared in opposition to the zoning change. Mr. Kelly 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 20. ORDINANCE NO. 026711 Amending the Zoning Ordinance, upon application by Texas Star Investments, Inc., by changing the zoning map in reference to 1.2039 acres, consisting of Lot 1-R and a portion of Lot 2, Block 2 of the Noakes Partition, located north of the intersection of Interstate Highway 37 and Violet Road, from "R -1B" One -family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 21, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0206-05, Wayne Lundquist, Trustee: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District. The property being 5.88 acres out of Flour Bluff and Encinal Farm and Garden Tracts, south 1/3 of Lot 9, Section 5, located along the northwest corner of South Staples Street and Timbergate Drive. City Secretary Chapa stated the Planning Commission and staff recommended the denial of a "B-4" General Business District and in lieu thereof, approval of a Special Permit subject to two 2) conditions. Minutes - Regular Council Meeting March 28, 2006 - Page 7 No one appeared in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 026712 Amending the Zoning Ordinance, upon application by Wayne Lundquist, Trustee by changing the zoning map in reference to 5.88 acres out of Flour Bluff and Encinal Farm and Garden Tracts, south 1/3 of Lot 9, Section 5, currently zoned "F -R" Farm -Rural Dwelling District, by granting a Special Permit for gymnasium use, subject to two conditions; amending the Comprehensive plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 22, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0206-06, John Mikulencak: A change of zoning from a "T -1C" Manufactured Home Subdivision District and a "B-1" Neighborhood Business District to a "R-1 C" One - family Dwelling District. The property being Padre Interstate 37 Business Park, Unit 1, Blocks 1, 2, and 3, located 200 feet south of IH37 and west of Lantana Street. City Secretary Chapa stated that the Planning Commission and staff recommended the approval of a "R -1C" One -family Dwelling District. No one spoke in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows 22. ORDINANCE NO. 026713 Amending the Zoning Ordinance. upon application by John Mikulencak by changing the zoning map in reference to 11.137 acres out of Blocks 1, 2, and 3, Unit 1, Padre Interstate 37 Business Park, located 200 feet south of IH -37 and west of Lantana Street, from "B-1" Neighborhood Business District and "T -1C" Manufactured Home Subdivision District to "R- 10" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0206-08, Braselton Land Ventures: A change of zoning from a "F -R" Farm -Rural District and "R-1 B" One -family Dwelling District to a "R-1 C" One -family Dwelling District. The property being 23.265 acres out of south 71.18 feet of Lot 4, all of Lot 5 and the northeast portion of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tract, located south of Slough Road and east of Rodd Field Road. Minutes - Regular Council Meeting March 28. 2006 - Page 8 City Secretary Chapa stated the Planning Commission and staff recommended the approval of a "R -1C" One -family Dwelling District No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 026714 Amending the Zoning Ordinance, upon application by Braselton Land Ventures, by changing the zoning map in reference to 23.265 acres out of south 71.18 feet of Lot 4, all of Lot 5 and the northeast portion of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located south of Slough Road and east of Rodd Field Road, from "FR" Farm - Rural District and "R-1 B" One -family Dwelling District to "R-1 C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 24, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0106-02, Javelina Company: A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District. The property being Ehlers Garden Tract 8, (one acre out of former Dunn Tract), located along Eden Lane and 400 feet west of McBride Lane. City Secretary Chapa said the Planning Commission and staff recommended the approval of an "1-3" Heavy Industrial District. Assistant Director of Development Services Michael Gunning reported that the applicant was requesting the change in zoning to allow for the installation of liquid hydro -carbon truck loading racks and four above ground fueling tanks for the adjacent refinery. He said the four fueling tanks were considered objectionable uses in that zoning district; thus, if the "1-3" zoning was approved, the applicant would have to seek approval from the Zoning Board of Adjustment. Mr Gunning stated that staff was recommending the approval of the "1-3" Heavy Industrial District because it was consistent with the future land use map in the area. He said Javelina Company was attempting to establish a market for a new butane/propane product. The initial plan was to build four tanks; if the new product was successful, then they ultimately planned to increase to a maximum of 12 tanks. He noted, however, that any additional tanks would have to be approved by the Zoning Board of Adjustment after a public hearing. The public hearing would require notification of all surrounding property owners within 200 feet. The applicant would be required to provide specifics on engineering plans and safety precautions to prove that the tanks would not have an adverse impact on the surrounding properties. Mr. Gunning stated that one single-family residence was located within the area, and the property owner had indicated that she did not oppose the zoning change. Mayor Garrett asked for public comment. Ms. Tammy Castillo, 54171/2 Eden, expressed concern about the Javelina Company's lack of security services at night. Ms. Castillo stated that Minutes - Regular Council Meeting March 28, 2006 - Page 9 the refinery once had 24-hour security, but recently changed to days only. She said there appeared to be some confusion regarding which governmental until was responsible for providing police and fire protection to her residence. When she reported a nighttime incident to the city Police, for example, she was told that since she resided in the refinery area, they could not send out a unit. The Port police provided a delayed response to her call. In addition, Ms. Castillo reported problems with vagrants who were wandering onto vacant areas of the Javelina site. Thus, Ms. Castillo was concerned about the long-term public safety and security problems that could arise if the additional tanks were installed. City Manager Noe stated that he would inform the Police dispatch center about the problems Ms. Castillo had encountered. Mr. Gunning advised Ms. Castillo that staff would forward her concerns to the Zoning Board of Adjustment, and also said staff would advise her when the hearing was scheduled. Mr Kelly asked Ms. Castillo if she was opposed to the proposed zoning change. Ms. Castillo stated that the proposed zoning change concerned her because, if approved, Phase 1 of the project allowed four tanks to be placed on the site near her residence. She was slightly reassured, however, knowing that the Phase 1 tanks would be placed at a distance from her residence. She was more concerned, however, about the subsequent phases of the project that could increase the number of tanks to twelve. Without the proper protection, she feared for her safety. Mr Kelly asked if the Board of Adjustment would have to approve plans for additional tanks. Mr. Gunning answered affirmatively, saying the property owners would be notified. He pointed out that Ms. Castillo was not the property owner in this case, but he asked for Ms. Castillo's address so she could be added to the notification list Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 026715 Amending the Zoning Ordinance, upon application by Javelina Company, by changing the zoning map in reference to Elhers Garden Tract 8, from "1-2" Light Industrial District to "1-3" Heavy Industrial District, objectionable use; 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, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye": Cooper was absent. ************* Mayor Garrett referred to the presentation on the day's agenda, a second quarter update on the FY 2005-2006 Budget. Assistant Director of Management and Budget Eddie Houlihan pointed out that the information in the report represented preliminary second quarter financial results. He said attempts had been made to account for and include appropriate outstanding transactions and anticipated adjustments based upon current information available. That said, Mr. Houlihan reported that with 50 percent of the fiscal year completed, combined revenues and expenditures were 53.74 percent and 43.83 percent respectively. Mr Houlihan provided an update on the General Fund. He reported that the year-to-date collections for ad valorem property taxes were slightly lower than budgeted. As of mid-March, he said over $40 million had been collected, leaving over $2 million to be collected the last four months Minutes - Regular Council Meeting March 28, 2006 - Page 10 of the fiscal year. He felt it was reasonable to collect this amount by the end of the fiscal year. Regarding the industrial district payments, Mr. Houlihan reported that revenues were approximately $100,000 under budget as of the end of January. He said staff was in the process of ascertaining that all properties in the district had been properly billed. Mr Houlihan reported that sales tax collections for the year-to-date were slightly above projections for this year and were ahead of the same period last year. The growth rate was seven percent Mr. Houlihan said that year-to-date collections for franchise fees were Tess than budgeted mostly due to a drop in reported lines for Telecommunications Fees. Regarding Solid Waste services, Mr. Houlihan stated that their revenues were less than the year-to-date budget. He attributed the drop to slow growth in the residential account and lower tonnage than anticipated from miscellaneous vendors. Mr. Houlihan stated that Municipal Court year-to-date (YTD) fee collections were consistent with the YTD budget. He noted a slight decrease in Failure to Appear revenues due to a smaller backlog of warrants. Mr Houlihan reported that Museum and Recreation Services' revenues were higher than the YTD budget. Mr Houlihan stated that Public Safety service revenues to date were slightly Tess than budgeted primarily because of a decrease in 911 Wireline revenues. Mr Houlihan concluded with the General Fund report by stating that with 50 percent of the fiscal year completed, 46.92 percent of the General Fund budget had been expended. There were no significant unfavorable variances among city departments and individual operating procedures. He displayed a bar graph comparing General Fund revenues between FY 2003-04, FY 2004-05, and FY 2005-06 (YTD) Mr Houlihan covered the status of the Enterprise Funds, comprised of the Water, Gas, Wastewater, Airport, Ambulance, Golf, and Marina funds. The Water fund's YTD revenues of $42,360,504 represented 51.81 percent of budgeted revenues, an increase over the same period in the prior year. He attributed the increase to higher water consumption rates. Overall, he said YTD expenditures totaled $33,544,306 or 40.15 percent of budget, which was slightly less than the same period last year. Regarding the Gas fund, Mr. Houlihan reported that the YTD revenue of $21,513,541 represented 51.75 percent of budgeted revenue, which was higher than the same period last year due to higher natural gas prices. He noted that gas consumption was actually down. He said YTD expenditures totaled $18,710,495. or 45.26 percent of budget. Regarding the Wastewater fund, Mr. Houlihan stated that YTD revenues totaled $20,021,775, representing 51.19 percent of budget, which is more than amounts collected for the same period in the prior year. YTD expenditures of $17,055,548 reflect 45.94 percent of budget. The Airport fund's YTD revenues totaled $4,090,270, or 48.48 percent, which was less than the YTD budget due to decreased production. YTD expenditures totaled $4,058,509, or 47.44 percent of budget. Minutes - Regular Council Meeting March 28, 2006 - Page 11 Mr Houlihan stated that the Development Services fund's YTD revenues totaled $2,365,060. or 52.68 percent of budget. YTD expenditures totaled $2,446,748, or 47.60 percent of budget, Regarding the Ambulance fund, Mr. Houlihan reported that the fund's operations were moved to the General Fund in 2006. Any remaining funds would be transferred to the General Fund in the last half of this fiscal year Mr Houlihan said the Golf Centers fund's YTD revenues totaled $931,380, or 50.43 percent of budget, which was higher compared with the same period last year. YTD expenditures totaled $833,202. or 47.59 percent of the total budget. Mr Houlihan stated that the Marina fund's YTD revenue totaled $613,260, or 41.14 percent of budget, and YTD expenditures totaled $804,140 or 48.36 percent of budget. He explained that the low revenues were due mostly to a delay in the construction of the new docks, and to a decrease in the number of slips rented. Mr. Houlihan concluded by displaying a bar graph comparing the Enterprise Funds YTD revenues for FY 2003-04, FY 2004-05, and FY 2005-06 (YTD). Mr Houlihan covered the status of the Internal Service funds, comprised of the Stores, Maintenance Services, MIS, Engineering Services, and Risk Management funds. He explained that Internal Service fund revenues are primarily derived from budgeted allocations from other funds that are charged monthly. As a whole, he said revenues were consistent with those for the same period last year as well as the percent of year completed to date. He said 38.68 percent of the fund budgets have been expended with 50 percent of the fiscal year having expired. He noted that this was slightly lower than the 39.9 percent expended in the prior year. He concluded by displaying a bar graph of the Internal Service Fund YTD revenues and expenditures, comparing FY 2003-04, FY 2004-05. and FY 2005-06 (YTD). Mr Houlihan discussed the status of the Special Revenue Funds, comprised of the Hotel Occupancy Tax, Reinvestment Zone #2, Seawall improvement, Arena, Business & Job Development, Development Services, Visitor's facility, LEPC, and Crime Control District funds. Regarding the Hotel Occupancy Tax fund, he stated that the YTD revenues totaled $3,585,502, representing 40.07 percent of budget, and YTD expenditures were at 49.51 percent of budget. Regarding Reinvestment Zone #2, Mr. Houlihan reported that the YTD revenues totaled $1,021,283, or 86.48 percent of budget Regarding the Arena/Seawall funds, Mr. Houlihan reported that the sales tax revenues from these two referendums totaled over 52 percent. Fund expenditures were primarily associated with debt service. Mr Houlihan reported that the Visitors Facility Fund's revenues were on target with budgeted amounts. He noted that insurance premiums for the arena and convention center had not been finalized; therefore, expenditures were only at 47 90 percent of budget. YTD revenues were at 43.87 percent of budget Mr Houlihan stated that the Crime Control and Prevention District's YTD revenues were at 51.12 percent of budget, and expenditures were at 46.88 percent of budget. He concluded by displaying a bar graph comparing the Special Revenue fund's revenues and expenditures between FY 2003-04. FY 2004-05, and FY 2005-06 (YTD). Finally, Mr. Houlihan reported on the status of the Debt Service funds. He said debt Minutes - Regular Council Meeting March 28 2006 - Page 12 payments were programmed, charged, and transferred on a fixed schedule according to individual Debt Service issue requirements. He said variances were due to mid -year refunding, and the timing for issuance of new debt/commercial paper for planned projects. Mr Kinnison expressed concern that the city was short $2 million in property tax collections; he noted that there appeared to be more delinquencies this year than last. Mr. Houlihan replied that he researched the city's sales tax collections over the last five years, and found that it was reasonable to expect the city to collect the $2 million by the fiscal year's end. He acknowledged, however, that the sales tax revenues did appear to be coming in slower this year. Mr. Kinnison asked Mr Houlihan if he could produce a list of the top 250 individuals who had not paid their property taxes as of now. Mr. Houlihan replied affirmatively. Mr Kinnison asked for a status report on MetroComm's payment to the city. City Manager Noe replied MetroComm had submitted a check to cover last year's payment; the MetroComm Board was scheduled to discuss this year's payment at their meeting on April 3. Mr Kinnison asked questions regarding the decreased marina revenues. He asked why most of the shrimp boats had ceased operations. Director of Parks and Recreation Sally Gavlik replied that most of the shrimp boats had gone out of business because imported shrimp was so inexpensive, and due to changes in the Texas Parks and Wildlife rules. Mr. Noe added that the shrimp boat area in the marina was being moved anyway as part of the marina development project. Mr. Kinnison asked who the major lessee was that had stopped leasing the L & M piers. Ms. Gavlik replied the Yacht Club had stopped leasing the piers and returned them to the city. She said one of the docks had been difficult to lease because of its poor condition. Regarding the Reinvestment Zone #2, Mr. Kinnison pointed out that Del Mar's share of the taxes seemed to be understated. Mr. Houlihan replied affirmatively, saying he would look into it. Mr Kinnison asked about the beverage revenues in the visitor's facility fund. Mr. Houlihan replied that staff asked for a legal interpretation of the contract in November or December. Based on the interpretation, he said staff was going to budget for gross revenues and expenditures rather than net revenues. Mr. Noe added that the revenue collection was convoluted because it had to meet IRS and TABC requirements. He said the city earned a percentage of sales through the Seamen Center, the holder of the liquor license; additionally, CenterPlate and the Seamen's Center also had an arrangement. He said the city still expected the visitor's facility to meet the pro forma requirements for net revenues generated. Mayor Garrett asked for a status on Iiveaboards at the marina. Marina Superintendent Peter Davidson answered that the Water Shore Advisory Committee would consider a liveaboard ordinance at their April 6 meeting. If the Council approved the ordinance, the city could begin accommodating Iiveaboards within the next three to four months. He said staff estimated that Iiveaboards would generate an additional $80,000 in revenues in FY 2006-07. *.*********** Mayor Garrett opened discussion on Item 27 regarding the replacement of the Police department's dispatch and records management computer systems. City Manager Noe explained that Tiburon, Inc., the current vendor for these products, informed the city that they would no longer support the system. Director of Municipal Information Systems (MIS) Ogilvie Gericke reported that the city entered into a contract with Public Safety Consultants, Inc. for four phases of consulting services related to the replacement of the Tiburon system. The four phases are as follows: 1) functional design specification for the Police department's dispatching and records management functions: 2) issuance of an RFQ and RFP to leading industry vendors, coordination of response Minutes - Regular Council Meeting March 28 2006 - Page 13 analysis and benchmarking for finalists, and vendor selection; 3) contract negotiation services; and 4) coordination and oversight of installation and testing of the replacement system. He said the City Council's approval of today's contract would complete phase 3 of the PSCI contract. Mr Gericke reported three vendors responded to the city's RFP as follows: CompuDyne, Intergraph, and Northrop Grumman. Due to the complexity of the system, Mr. Gericke said staff invited all the respondents to provide a benchmark testing of their products for the users. The vendors loaded their systems with comparable Police case numbers and a city map. Staff then arranged for Fire, Police, Municipal Court, and Kingsville and Nueces County staff to test the products. Over 70 individuals tested the three products over two days. Meanwhile, he said MIS analyzed the technical aspects of each vendor system. Mr Gericke stated that the end users and the technical group rated the products technically and functionally. Consequently, he said it was decided to eliminate CompuDyne from consideration because it was functionally inferior to the other products and the end users were unhappy with the product. Of the two remaining vendors, Intergraph and Northrop Grumman, Mr. Gericke reported that the combined ratings were higher for Intergraph (4.1) than for Northrop Grumman (3.45). Mr Gericke discussed the initial vendor costs for Intergraph ($6,774,437) and Northrop Grumman ($12,100,846). He stated that Intergraph was the less expensive product, pointing out that they proposed keeping the 10 -year maintenance cost fixed from Years 2 through 9. Mr. Gericke reported that the final rankings were in Intergraph's favor (3.55) over Northrop Grumman (2.23) He added that while both vendors met the city's needs, the end users preferred Intergraph. and Intergraph was less expensive than Northrop Grumman. Consequently, he reported that staffs recommendation was to proceed with Intergraph. Mr. Gericke stated that staff had requested Intergraph's best and final offer, and also asked for additional clarifications by teleconference. Mr Gericke added that Intergraph offered an Automated Vehicle Locator (AVL) product. He said the city was currently using an antiquated, 800 MHz system which would not use WiFi. If the City chose to replace the system with the same technology, the cost would be $1.8 million; however, if the city combined the WiFi system with the Intergraph AVL product, the cost would decrease to $316,000 Mr Gericke stated the total purchase cost for the replacement of the CAD, AVL, and records management systems was $4.462 million, comprised of the following elements: Intergraph - $3.96 million for hardware, software, first year maintenance and services, $315,997 for AVL hardware; and Sigma Solutions - $185,647 for SAN upgrade plus three year maintenance. He noted that Intergraph had guaranteed that the annual maintenance costs for Years 2 through 10 would be $316,721 Mr Gericke stated that Nueces County and the Kingsville Police department would also access the system, and thus there were a number of costs associated with their use. Nueces County's cost was $165,127, and included training, mobile costs, data conversion, reporting licenses and RMS licenses. The Kingsville Police department was approximately $76,869, and included CAD and RMS licenses, reporting licenses, data conversion, and training. To seek reimbursement for the costs, staff proposed invoicing Nueces County for their items; he said Kingsville was already under contract Mr Gericke described the impact the purchase would have on the MIS budget as follows: FY 05-06 - $625,190; FY 2006-07 - $621,462; and FY 2007-08 - $769,809. Mr. Gericke stated that the current funding level supported FY 2006-07 needs. but future lease purchase and maintenance Minutes - Regular Council Meeting March 28, 2006 - Page 14 payments might need to be requested in subsequent years. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows. 27.a. MOTION NO. 2006-095 Motion authorizing the City Manager or his designee to execute a contract with Intergraph Public Safety. Inc., of Madison, Alabama, for: (1) Purchase of the Public Information System to replace the existing CompuDyne/Tiburon, Inc System for Computer Aided Dispatch, Records Management, and Mobile Data Computer systems. The Intergraph system includes hardware, software, and professional services not to exceed $3,961,229 plus annual maintenance in the amount of $316,721 per year guaranteed for years two through ten. (2) Replacement of the existing Siemens' Automated Vehicle Location (AVL) system. The cost of the hardware from Intergraph will not exceed $315,997 with the City providing installation services estimated at $14,000. Funding for this year's costs is in the current Municipal Information Systems' budget. Future lease purchase payments and maintenance costs will be requested in subsequent budget years. Intergraph is an approved Texas Catalogue Information Systems vendor. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 27.b. MOTION NO. 2006-096 Motion authorizing the City Manager or his designee to execute a contract with SIGMA Solutions, Inc., of San Antonio, Texas, to upgrade the existing EMC Storage Area Network (SAN) at the Corpus Christi Police Department to model 800 to provide redundancy and add one additional terabyte of disk storage to accommodate the Intergraph Public Safety Information System The cost of the upgrade including installation services and three years maintenance will not exceed $185,647. Funding for this year's costs is in the current Municipal Information Systems' budget. Future (ease purchase payments and maintenance costs wily be requested in subsequent budget years. SIGMA Solutions is an approved Texas Catalogue Information Systems vendor. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 28 regarding a Traffic Congestion Management Project to be partially funded by SDI Realty. City Manager Noe stated staff had withdrawn the item at this time 28.a. WITHDRAWN 3530 Street Capital Improvement Project Fund for the developers share of construction of 28.b. WITHDRAWN Minutes - Regular Council Meeting March 28. 2006 - Page 15 Mayor Garrett opened discussion on Item 29 regarding the Marina Development Project. City Engineer Angel Escobar reported that staff was asking the Council to approve four actions related to this project. First, he said the Council was asked to accept an U.S. Fish and Wildlife Service grant in the amount of $450,000 for marina boat slips. Second, the city needed to appropriate the monies. Third, the city needed to appropriate the unappropriated interest earnings of $101,165 from bond proceeds. Fourth, the Council was asked to approve the award of the $3,835.988 construction contract to the CCC Group, Inc. for the project's Phase III. Mr Escobar discussed Phase III of the Marina Development Project in more detail. Upon completion, the project would provide 120 additional boat slips in Docks E, F, and G. As the project progressed, he said the city planned to award additional additive alternates, if funding existed, to further increase the number of available boat slips. Staff anticipated that funding for the additive alternates would be possible through the project's contingency funds of $382,084. Thus, staff recommended the inclusion of Additive Alternates #4 and #5 to create 38 more boat slips in Dock H. The city would determine whether to proceed with additive alternates in May or June; if the projects were deemed feasible, then staff would issue change orders to complete the work by the end of the fiscal year. Mayor Garrett asked if the city planned to dredge the marina area. Mr. Escobar replied negatively, saying it was not necessary to complete the project. Mayor Garrett stated that he had been informed that the depth of the marina was concerning to many patrons. Marina Superintendent Peter Davidson answered that the marina itself had sufficient depths of eight to eight -and -a -half feet. As boats left the entrance of the marina to Corpus Christi Bay, however, the depths were becoming critical. He stated that as part of the McGee Beach renourishment project two years ago, the city had dredged to a depth of nine feet on the marina's West Side. As boaters passed the rocks, however, they encountered shallower depths of 6 to 7 feet, depending on the low tide. Mr. Davidson stated that staff was attempting to obtain grant funding for the Sunfish Island project, a bird sanctuary. In that project, he said the General Land Office gave the city permission to dredge in that area to address the problem. Mr Scott complimented Mr. Noe, Director of Parks and Recreation Sally Gavlik, Mr. Davidson and Water Shore Advisory Committee member Roy Pell for their efforts to improve the marina Mr Garcia also complimented staff for their efforts. He asked Mr. Escobar for the estimated cost to complete the additive alternates. Mr. Escobar replied that out of the $382,000 available in contingency funds, staff anticipated that Additive Alternates 4 and 5 would cost $274,352. Mr. Garcia asked staff to estimate how much additional revenue the 38 new boat slips could generate. Mr. Davidson replied the entire project, Docks E, F, G, and H, would generate $750,000 per year at 100 percent occupancy Staff anticipated that the docks would take 18 months to two years to reach 100 percent occupancy. Mr. Davidson said the marina was scheduled for completion in December 2006, in time to accommodate the International Yacht and Jet Show scheduled for April 2007. In response to Mayor Garrett's question, Mr. Noe replied that the trailers that house the marina's administrative offices could not be replaced at this time due to lack of funding. Mr. Davidson added that more boat slips would lead to higher revenues, and he estimated that the Minutes - Regular Council Meeting March 28, 2006 - Page 16 marina could build new offices within two years. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows 29.a. RESOLUTION NO. 026718 Resolution authorizing the City Manager or his designee to accept a grant from the United States Fish and Wildlife Service in the amount of $450,000, for the Corpus Christi Municipal Marina Slips for Transient Recreational Boats, in the No. 1058 Marina Grants Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 29.b. ORDINANCE NO. 026719 Ordinance appropriating $450,000 from the United States Fish and Wildlife Service in the No. 1058 Marina Grants Fund for the Corpus Christi Municipal Marina Slips for Transient Recreational Boats amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $450,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 29.c. ORDINANCE NO. 026720 Ordinance appropriating $101,165.27 from the unappropriated interest eamings from Marina Development 2005 Capital Improvement Program Fund No. 3233 for the Corpus Christi Marina Development Project Phase 111 (Floating Docks E, F, G and H); amending FY 2004- 2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $101,165.27 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". 29.d. MOTION NO. 2006-097 Motion authorizing the City Manager or his designee to execute a construction contract with CCC Group, Inc , of San Antonio, Texas in the amount of $3,835,988 for the Corpus Christi Marina Development Project Phase III (Floating Docks, E, F, G and H) for the Base Bid and Additive Alternates No. 1. 2 and 3. 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 called for a brief recess to present proclamations and conduct a swearing-in ceremony for new board and committee members. **>********** Minutes - Regular Council Meeting March 28 2006 - Page 17 Mayor Garrett called for petitions from the audience. Ms. Tammy Castillo, 5417'A Eden Lane, spoke against the Parks and Recreation department's decisions to charge summer program participants at T C. Ayers and Ben Garza Recreation Centers $1.00 a week, and to lower the participant age limit. As a result of the policy changes, she said 60 to 70 children had been turned away from the centers, either because they were unable to pay the fee or because they were too old. She said she had spoken about this issue two months ago, but had not received a staff response Director of Parks and Recreation Sally Gavlik replied staff met with Ms. Castillo last June to discuss her concerns. She said staff also provided a response to the Council in the June 24, 2005 City Manager's Report Ms. Gavlik stated that the Council had approved the $1.00 per week fee during the fee schedule process. Ms. Gavlik stated the summer program age limit was six to 14 years of age. She said approximately the same number of children had registered in both sites, and had not fluctuated significantly, whether a fee was charged or not. She noted that at T.C. Ayers, more children attended the summer programs in July, upon completion of vacation bible school in June. In response to Mr Noyola's question, Ms. Gavlik replied that the children could attend special events at the centers for no additional charge. The $1.00 per week fee simply helped staff keep count of program participants, and to offset the cost of special events. Mr. Noyola asked for a breakdown of revenues generated from the eight-week summer programs. Ms. Gavlik replied she would provide the information. Mr. Noyola asked how many children were being turned away because they could not pay the fee. If the number of children was 60 or less, he offered to pay the fees for them. Mayor Garrett asked staff to work with Ms. Castillo before the start of summer programming. Mr Raymond Ames, 14901 Windward Dr. #801, stated that the city contractor hired to construct the Packery Channel beach parking lot had removed a substantial amount of vegetation and soil during construction. As a result, a large amount of sand had blown into the Beach Breeze Townhomes' rock landscaping, but the contractor refused to remove the sand and replace the rocks, even after being approached by the city staff. He asked for the Council's assistance. Assistant City Manager Ron Massey explained that the contractor was required to set up erosion control by using water to reduce the displacement of sand Mr Chesney asked if staff felt the contractor was responsible for removing the sand. City Engineer Escobar replied staff had mentioned it to the contractor twice, but he said he had not personally investigated the matter, so he could not judge. Mr. Garcia said if this actually occurred, the contractor should be held responsible for removing the sand. If the contractor refused to remove it, then the city should take care of it, and then not use the contractor again. Mr. Massey agreed, saying that was the course of action staff was considering. Mr. Chesney asked staff to investigate what legal recourse the city had. if any. to require the contractor to remove the sand. Mr Alex Harris. 2138 Highway 2186, also asked the Council to require the contractor to remove the sand from the Beach Breeze Townhomes' landscaping. He circulated pictures of the landscaping illustrating his point. The following individuals spoke against a proposed plan by Corpus Christi Metro Ministries, a homeless family service provider, to open a new facility on 3115 McArdle Street, citing public safety concerns: Priscilla Leal, 4738 Cheryl; Roland Garza; and Lolly Bernal, 4838 Odem. The following individuals spoke in support of Corpus Christi Metro Ministries' plan to open a new facility on 3115 McArdle: Sean Michael Hazuda, Metro Ministries' executive director; Betsy Minutes - Regular Council Meeting March 28. 2006 - Page 18 Carrell, 4556 Cherry Hill: and Julie McNeil 263 Cape Aron. Council Member Marez stated that he was glad the Metro Ministries' Board had decided to postpone their plans for the new facility, allowing time to better communicate their plan to the public. Mr. Marez asked what the city could do to help create a balanced approach to deal with the issue. He said he would like to place a moratorium on these types of facilities until the city could research what other cities were doing. Mr. Marez acknowledged the community's need for social services, but he could not ignore the community's concerns about the facility. Mr Noe replied that if a majority of the Council wished to place a moratorium on these types of facilities, the issue could be placed on the agenda for consideration. At this point, he said staff had not researched whether Metro Ministries had the legal right to move forward with the project with or without Council action. Staff could look into this matter, as well as researching what ordinances other communities used to address this issue. Mr Noyola asked Mr. Noe to look into placing a moratorium on issuing permits for any homeless shelter until the Council had more information. He also asked staff to consider creating an ordinance dictating where homeless shelters could be located, similar to Austin and San Antonio. He said it was important to protect the neighborhood. Mr Scott stated that it was unfortunate if the city planned to change the rules in the middle of the game. He said if Metro Ministries had complied with the city's ordinances, then they should be allowed to locate their facility on McArdle Road. He remarked the city was currently facing the same situation with a rehab facility located on Meldo Park, a residential area. While the Meldo Park neighbors were strongly opposed to the rehab facility, Mr. Scott stated that if the applicant complied with city ordinances. then the facility could stay in operation. Mr Chesney took exception to Mr. Garza's statement that a sexual predator was residing at a Metro Ministries shelter. He said the statement was false, and it was unfair to perpetuate the statement to alarm the public. Mr. Scott asked Ms. Carrell and Mr. Hazuda to provide the Council with a written response addressing the communitys concerns *********** Mayor Garrett opened discussion on Item 26 regarding the Packery Channel beach ordinance City Manager Noe discussed the latest draft of the beach ordinance, which incorporated the Council's comments during the first reading of the ordinance last week. He said the Council wanted the second reading ordinance to address three areas of concern. First, the Council asked staff to address concerns that the charter amendment language was too vague. Second, Mr. Noe said the ordinance addressed the Council's desire to tie the north end of the development with the south end of the development. He said that if the southern section met its "milestones" first but the northern section did not meet its milestones within five years, then the Council could reverse the prohibition of vehicles on the southern portion. Third, Mr. Noe stated the Council asked staff to address ways to improve access to the South Jetty. He said while the city and the developer had not agreed on the distance between the parking lot to the jetty, the developer was willing to facilitate a "people mover" system running from the parking lots along the beach to the South Jetty. Fourth, Mr. Noe stated the ordinance included a "whereas" statement to clarify that the parking lots will not be metered or require a fee. Minutes - Regular Council Meeting March 28, 2006 - Page 19 Mayor Garrett asked for public comment. The following individuals spoke against the proposed beach ordinance: Johnny French, 4417 Carlton; Cliff Slovik, 122 Whiteley; Carolyn Moon, 4902 Calvin; Jean Adams, 215 Louisiana; Michael McKutchon, 203 Jackson; Joe Lynch, 237 Mullet Street; Neil McQueen, 4213 Estate:. Kate Crenshaw, Port Aransas resident; Gail Blanpied, 3621 Austin; and Teresa Carrillo 730 Harrison The following individuals spoke in favor of the beach ordinance and against the charter amendment: Terry Carter, representing the Chamber of Commerce; John Trice, 13706 Tajamar; Kim Erwin, 13957 Dasmarinas; Sylvia Whitmore, Chairman of Chamber of Commerce Board; Gene Guernsey. 6133 Tarafaya. John Bell, 13750 Primavera, and Abel Alonzo, 1701 Thames, spoke against the charter amendment provision. Paul Schexnailder, the resort developer, cautioned the Council to consider the long-term effects the charter amendment could have on the development community. The following individuals spoke in favor of the beach ordinance: Colleen McIntyre, 13714 Three Fathoms; Craig Loving, 1037 Sturman, Electrician's Union #278; Marco Gamboa; and Matt Martin, 414 Louisiana. Bill Kopecky, 3609 Topeka, spoke against making the charter amendment contingent upon the beach closure. Gail Hoffman, 3442 Paradise, spoke in favor of the beach ordinance, but suggested separating the traffic provisions from the charter amendment provisions to allow for separate votes. Mayor Garrett called for Council comments. Mr. Garcia thanked the public for their comments He strongly agreed with Mr. John Bell's comment that the Council should not rush into a decision regarding the charter amendment. He said a number of Council members introduced the charter amendment provision as a compromise measure, but pointed out that the referendum process gave citizens the power to repeal enacted ordinances they opposed. He wanted to avoid the type of "government by referendum" system that California had in place. The citizens elected the Council members to make the best decisions possible, whether they were popular or not. Mr Garcia spoke in favor the beach ordinance with a few contingencies, namely that he wanted to see the parking issue on the south side of the Packery Channel addressed. Mr. Garcia said he did not want to give one developer an advantage over any other with a charter amendment. He wanted to see jobs and infrastructure come to the city. Mr Garcia stated that he wanted the Council to be able to vote on the traffic provision and charter provisions of the ordinance separately. He pointed out that no matter how the Council voted today, however, a citizen referendum would be initiated. He urged the Council to take a stand on the issues Mr Garcia made a motion to move for separate consideration of the traffic provisions from the Charter Amendment provisions of the proposed ordinance, and seconded. City Secretary Chapa polled the Council for their votes as follows: 26.a. MOTION NO. 2006-098 Minutes - Regular Council Meeting March 28, 2006 - Page 20 Motion for separate consideration of the traffic provisions from the Charter Amendment provisions of the proposed beach ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kinnison, and Noyola, voting "Aye", Marez and Scott, voting "No"; Kelly abstained. Mr. Kinnison asked if Mr. Kelly would be able to participate in the vote and discussion on the Charter Amendment City Attorney Fischer replied affirmatively. City Secretary Chapa asked for clarification regarding staffs proposed amendments to the second reading of the beach ordinance. Mr. Chapa believed the amendments should be voted on prior to voting on the separate provisions of the beach ordinances. City Attorney Fischer replied affirmatively. Mr Chesney made a motion to amend both ordinances prior to second reading to reflect the changes proposed by staff, seconded by Ms. Cooper, and passed. Mr. Kelly abstained from the vote and discussion on the traffic provisions of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 26.b. MOTION NO. 2006-099 Motion to amend prior to second reading both ordinances to reflect the changes proposed by staff relating to the applicability of the proposed Charter amendment and to require the developer to cooperate to provide a system to move people between the parking lots and the south jetty of Packery Channel, to dedicate a permanent easement for access to the beach north of the Padre Island seawall, and to provide a time limit for the northern development to achieve the established "milestones" after the beach is closed adjacent to the southern development. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. Mr Garcia made a motion for the approval of the proposed ordinance as amended on its second reading as it relates to the traffic provisions, and seconded. City Secretary Chapa stated that Mr. Kelly would abstain from the vote and discussion on this ordinance. Mr. Noyola asked why Mr. Kelly was allowed to vote on the Charter Amendment provisions when he couldn't vote on the traffic provisions. City Attorney Fischer replied that Mr. Kelly did not have a conflict of interest on the Charter Amendment provisions pursuant to State law. Mr. Chesney asked if the traffic provisions ordinance included binding language requiring the developer to work with the city and the Regional Transit Authority (RTA) to provide transportation from the parking lot to the Packery Channel south jetty. Mr. Noe answered affirmatively. Mr Scott asked if there was any language in the proposed ordinance requiring the developer to move the parking lot next to the south jetty. Mr. Noe answered negatively. He said at this point, the plan was to work with the developer on the best site for the parking lot, recognizing that there was more planning to go. Mr Schexnailder commented that the developer has guaranteed the design, construction and operation of a trolley for the first two years after beach closure to demonstrate its feasibility. The developer will then give it to the RTA after the two-year period. He said it will be designed to allow riders to bring ice chests, fishing poles, and other gear. Mr. Kinnison clarified that the city was not making a financial committing to run the trolley. Mr. Noe answered affirmatively, saying it was Minutes - Regular Council Meeting March 28, 2006 - Page 21 a feasible project Mr. Kinnison stated that the provision in the traffic ordinance tying the southern and northern developments was allowing for a five-year period between completion of two phases. If the developer completed the project's first phase (south), and then failed to complete the second phase (north) within five years, the pedestrian -only beach on the southern development would be repealed. He understood that a two-year time period was sufficient. Mr. Noe apologized, saying that he did not hear the developer say that a two-year period was sufficient. Staff did not discuss developing a time period in which the second phase of the development would have to occur. Rather, staff allowed for Council discretion to decide whether or not to repeal the pedestrian -only beach in the southern development. Mr. Kinnison stated that he was not debating the provision for Council discretion: rather, he was questioning the need for a five-year period. Mr. Noe replied the Council could amend the provision if desired. Mr Marez asked if both ordinances passed, then would there need to be two citizen referendum petitions City Secretary Chapa answered affirmatively. Mayor Garrett stated that the Council's credibility was at stake regarding this issue. He felt the Council had made a commitment to include the Charter Amendment provision in the beach ordinance He did not feel that the purpose of the second reading was to significantly change the content of the first reading. He encouraged the Council to maintain their integrity and do what was right, and to vote accordingly. City Secretary Chapa polled the Council for their vote on Mr. Garcia's motion to approve the traffic provisions ordinance as amended as follows: 26.c. ORDINANCE NO. 026716 Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on the beach seaward of the Padre Island seawall and between Packery Channel and Padre Balli Park; the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing and regulating Pedestrian Safe Beach; establishing a Pedestrian Safe area; and enacting provisions incident and relating to the subject and purpose of this ordinance; directing the City Manager to process any changes to the Comprehensive Plan, other plans, or ordinances to make such consistent with this ordinance. The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Noyola, and Scott, voting "Aye"; Marez voting "No": Kelly abstained. Mr Garcia made a motion for approval of the proposed ordinance on its second reading as amended as it relates to the Charter Amendment provisions, and seconded. Mr. Kinnison spoke strongly against the Charter Amendment provision. He felt the city was circumventing the Charter Review Commission's recommendations. He also said it would place the city at a competitive disadvantage with other communities in attracting economic development. He supported the referendum process as a way for citizens to repeal Council decisions they opposed. He also asked about the public safety provision in the ordinance. He thanked the Chamber of Commerce for voicing their position on the issue. Ms Cooper spoke in support of the beach ordinance. She said the Charter Amendment provision was difficult for her, but she was leaning toward including it because the Council told the Minutes - Regular Council Meeting March 28, 2006 - Page 22 public they would not support any future beach closings without one. Mr. Scott stated the Charter Amendment provision was initiated by several Council members, not the developer. The Council even discussed it with opponents to appease them. He came to the conclusion that the Charter Amendment provision was not anti -business; rather, it provided certainty to the development community. He was concerned, however, that the November election date would make the developer wait an unreasonable amount of time before a decision was made. He spoke an support the Charter Amendment provision. Mr Noyola spoke in support of the Charter Amendment provision. He suggested that the developer could pay the Charter Amendment election costs. Mr. Marez was concerned about the public safety language in the ordinance. He felt it didn't provide the safeguards that the public expected if the goal was to prevent future development. City Attorney Fischer stated that the public safety section was included in response to Mr. Bell's comments, and it was meant to address immediate, temporary closures only. Mr. Marez asked who would decide if a beach closure was necessary due to public safety concerns. City Attomey Fischer replied the manager and the police chief would determine if the public safety were at risk. Mr Kelly also expressed concern about the public safety item in the Charter Amendment provision because he did not think it was worded to restrict vehicular traffic on a temporary basis only. City Attorney Fischer replied that the word "temporary" was not in the public safety item, but it could be added. Mr. Noe added that the word "temporary" was not used because a closure based on public safety might or might not be permanent. If the beach were eroded to the point where it was unsafe for vehicles, for example, then it would remain closed for a long-term period. Mr Kelly replied that he felt Mr. Bell was correct when he said today's exceptions become tomorrow's loopholes. He recommended that the Council consider a charter amendment that would give the Council the right to call for a public election on controversial issues. City Attorney Fischer replied that the Council had the power to adopt such a provision if they chose. City Secretary Chapa polled the Council for their votes on the Charter Amendment provisions of the beach ordinance as amended as follows: 26.d. ORDINANCE NO. 026717 Ordering an Election to be held on the first Saturday in April, 2007, in the City of Corpus Christi on the question of amending the Charter of the City of Corpus Christi to provide for restriction of vehicular access to the Gulf Beach after approval in a public referendum; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; and enacting provisions incident and relating to the subject and purpose of this ordinance. The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Cooper, Marez, Noyola, and Scott, voting "Aye"; Chesney, Garcia, Kelly, and Kinnison, voting "No", * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe did not have a report. Mayor Garrett called for Council concerns and reports. Mr. Noyola reported he received a Minutes - Regular Council Meeting March 28, 2006 - Page 23 phone call from citizen residing in the Weber area off of Lamont Street . Due to the sidewalk repairs being made on Weber Road, she said vehicles were speeding through her neighborhood (Lincoln, Marion, and Lamont Streets) to avoid the construction delays. City Manager Noe stated he would notify the Police department. Mr. Scott thanked the Council for their fortitude on the beach ordinance issue. He thanked them for passing an ordinance that gave the city an opportunity for a $1 billion development. Mr Marez echoed Mr. Noyola's concerns about speeding on Lamont and Marion Streets, saying he had brought it up about three months ago. He said Police Chief Alvarez issued a memo discussing how they addressed the problem at that time. Since the problem seems to have resurfaced he asked the city manager to find a more consistent solution. Mr Marez asked for a status report on the TRT Holdings negotiations. City Manager Noe stated that the city had entered into a Memorandum of Understanding regarding the scope of the discussion, the schedule, the issues, and the objectives over the next 60 days. Assistant City Manager Oscar Martinez added that the first meeting would be held next Wednesday. Mr. Marez said it was important to keep the public informed on the status of the negotiations. Mr Garcia thanked the Council and city staff for their fortitude during the beach ordinance process Mayor Garrett introduced his son, Glen Garrett, a DPS highway patrolman. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2.58 p.m. on March 28, 2006.