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HomeMy WebLinkAboutMinutes City Council - 06/06/2006I HEREBY CERTIFY that the forego.n�. Is a true and correct copy of the minutes of the Regular Vleetin« of the Corpus Christi Citv Council of June 6 2006. which were approved by the City Uounci on June 2^ 2(1)6 `N I INESSETH M V HAND ANI) SEAL. on this the 27`' day of June, 2006. v Armando Chapa City Secretary SEAL MINUTES CIT" OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 6, 2006 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison Jesse Noyola Mark Scott ABSENT City Secretary Armando Chapa City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer Assistant City Secretary Mary Juarez Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sid Garner of St. Matthew Baptist Church 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 May 30, 2006. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 - 6). Mr. Kinnison requested that Item 5 be pulled for individual consideration. A motion was made and passed to approve Items 2 through 6. constituting the consent agenda, except for Item 5, which was pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows 2.a. RESOLUTION NO. 026812 Resolution authorizing the City Manager or his designee to accept a grant from MarkWest Javelina Company in the amount of $8,000 for Industrial Fire Training in the General Fund Fire Department. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison. Marez, Noyola. and Scott, voting "Aye". Minutes -- Regular Council Meeting June 6, 2006 - Page 2 2.b. ORDINANCE NO 026813 Ordinance appropriating $8,000 in Training Revenues received from MarkWest Javelina Company into the General Fund Fire Department for Industrial Fire Training; amending the FY 2005-2006 Operating Budget adopted in Ordinance No. 026385 by increasing estimated revenues and appropriations by $8,000 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 3.a. MOTION NO. 2006-168 Motion authorizing the City Manager or his designee to accept a $1,000 gift from Walmart to purchase books and other library materials for the Northwest Branch Library. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye". 3.b. ORDINANCE NO 026814 Ordinance appropriating a $1,000 gift from Walmart into the General Fund No. 1020 to purchase library materials and amending the FY 2005-2006 Operating Budget adopted by Ordinance No 026385 to ,ncrease appropriations by $1,000. 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` 4.a. MOTION NO. 2006-169 Motion authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of $555 to Contract No. 771-06040 with the Texas State Library and Archives Commission to augment unexpended funds to allow for additional staff training and travel. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye". 4.b. ORDINANCE NO 026815 Ordinance appropriating an additional $555 from an amendment to Contract #771-06040 from the Texas State Library Archives Commission into the No. 1068 Library Grants Funds to augment unexpended funds to allow for additional staff training and travel. 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 Counc,i Meeting June 6 2006 — Page 3 ORDINANCE NO 026816 Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and Waterways, Article III - Marina, Section 12-46 - Prohibition against living aboard water craft, by changing "Prohibition against" to "Policy regulating" and directing Marina Superintendent to adopt a live aboard policy and limiting the prohibition to "Except as authorized by the Policy"; providing 'or penalties under Section 1-6, City Code of Ordinances. (First Reading 05.30/06) 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' Mayor Garrett opened discussion on Item 5 regarding the reconstruction of County Road 20 for the Cefe F. Valenzuela Landfill Site Development Project. Mr. Kinnison asked if the city had asked Nueces County to participate in the project since it was a county road. Assistant Director of Engineering Kevin Stowers stated that the city met with County Director of Public Works Glen Sullivan before bids were Issued to discuss facility access to the road and the road's poor condition. He said currently the road could not support truck traffic. He said Mr. Sullivan stated that the city would need to repair the road because the county did not have the funding at this time. Mr. Kinnison asked if the city had made any further attempts to discuss the project funding with the county judge or commissioners, noting that the county's recent construction bids for their bond projects had come n under budget City Manager Noe replied that staff would submit the project to the Commissioners Court and request that the county reimburse the city for the work with the available funds rather than hire a contractor independently Assistant City Secretary Juarez polled the Council for their votes as follows MOTION NO. 2006-170 Motion authorizing the City Manager or his designee to execute Change Order No. 7 for the reconstruction of County Road 20 from FM 2444 to the Cefe Valenzuela County Road 20 Drainage Culverts in the amount of $389;862.80 with Longhorn Excavation, Inc., of Richmond. Texas for the Cefe F Valenzuela Landfill Site Development Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, and Noyola, voting "Aye"; Scott was absent. Mayor Garrett referred to Item 7. and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0506-03, Yorktown Oso Joint Venture: A change of zoning from a "FR" Farm - Rural District to a "R-1 C" One -family Dwelling District. The property being 37.510 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, portions of Lots 17 through 2C. portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, `Lot 1, ocated south of Yorktown Boulevard and east of the future extension of Rodd F eid Road. Assistant City Secretary Juarez said the Planning Commission and staff recommended approval of the "R -1C' One -family Dwelling District. Minutes -- Regular Council Meeting June 6 2006 - page 4 No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper and passed. Assistant City Secretary Juarez polled the Council for their votes as follows ORDINANCE NO 026817 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture, by changing the zoning map in reference to being 37.510 acres out of Flour Bluff and Encinal Farm and Garder Tracts, Section 25, portions of Lots 17 through 20, portions of Lots 29 through 31, and a portion of Dunn's Point Drive, Block 3, Lot 15 and Block 4, Lot 1, from "F- R' Farm Rural District to "R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty clause 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 was absent Mayor Garrett deviated from the agenda and opened discussion on Item 10 regarding the South Texas Aggregation Project, Inc. "STAP") electric supply agreement. Assistant City Manager Oscar Martinez explained that the city's current STAP contract would expire at the end of this year. tie said today's resolution requested authority to continue negotiations for a new contract in 2007 with Constellation Energy He said staff was recommending this course of action for two reasons: First, since retail electric prices were so closely tied to natural gas prices, he said the market lacked any true competition. Second, he said issuing an RFP for service would require an additional 60 days from initial preparation to final contract negotiations into the contracting process. Also, he said staff felt that Constellation had been responsive to members' needs and questions, and Constellation had indicated that They remained committed to providing superior quality service. Assistant City Secretary uarez polled the Council for their votes as follows: 10 ORDINANCE NO 026819 Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. (`STAP") to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2007; authorizing the City Manager or designee to sign a contract with STAP for the City of Corpus Christi's 2007 and, if economically feasible, 2008 electricity needs; and committing to budget for energy purchases in 2007 and, if economically feasible, 2008 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs it 2007 and, if economically feasible, 2008 through STAP. 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 was absent Mayor Garrett opened discussion on Item 11 regarding property tax exemptions for charitable organizations. Assistant City Manager Oscar Martinez reported that Section 11.184 of the Texas Tax Code allowed cities to grant tax exemptions to qualified charitable organizations, either local or statewide. He briefly described the three-step process that charitable organizations had to engage in to receive tax exempt status in summary, Mr. Martinez was requesting that the Council adopt the guidelines for the exemptions as defined by the State of Texas. Minutes - Regular Council Meeting June 6 2006 - page 5 Mr Martinez stated that the city had received two requests for property tax exemptions from Al Amin Shrine Center and Masonic Lodge No. 189 A F. & A.M. He referred to a chart outlining their property's current taxable value and the city's 2005 property tax levy. No one commented regarding the items. Assistant City Secretary Juarez polled the Council 'or their votes as follows 11.a. RESOLUTION NO. 026820 Resolution approving guidelines regarding request from qualified charitable organizations for property tax exemption under Section 11 184 of the Texas Tax Code. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly. Kinnison. Marez, Noyola. and Scott, voting "Aye". 11.0. RESOLUTION NO. 026821 Resolution granting request of Al Amin Shrine Center for property tax exemption under Texas Tax Code Section '1.184 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 11 c. RESOLUTION NO. 026822 Resolution granting request of Corpus Christi Masonic Lodge No. 189, A.F. & A.M. for property tax exemption under Texas Tax Code Section 11.184. 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 9 regarding a Natural Gas Supply, Transportation, and Facilities Construction contract. Director of Gas Operations Debbie Marroquin stated that the city's current supplier was National Energy & Trade, L.P. of Houston, TX for a term ending July 1, 2006. She said the city's current natural gas price was based on the Houston Ship Channel Index HSCI) monthly plus 20 cents Ir March 2006 Ms. Marroquin reported that staff issued a Request for Proposal (RFP) for a term of 36 months with an option to extend two twelve-month periods or fora five-year contract. The RFP required that the supplier meet 100 percent of the city's daily natural gas requirements through Its seven systems, with a dumber of exceptions. The exceptions were as follows: the city retained the right to accept mineral interest gas'; to purchase gas from another source if backup delivery in Flour Bluff is not achieved; and to purchase LNG from another source other than the seller. Ms. Marroquin also reviewed a map of the city's seven independent gas systems as follows: Corpus Christi. Annaville/Calaller Padre Islanc. Country Creek, North Beach, Farm Taps, and Packery Channel Ms. Marroquin stated that the city received two responses to the RFP from National Energy & Trade (NET) and Crosstex Energy Services respectively, noting that this was only the second time ,n the gas department's history that the RFP was competitive. She said the city hired R.J. Covington Consultants in April 2006 to evaluate the proposals based on two components, the reservation fee and the gas cost. She explained that National Energy & Trade calculated their gas cost by using the HSCI daily plus ten cents Crosstex used the HSCI monthly plus 15 cents. To summarize, she said Minutes - Regular Council Meetirg June 6. 2006 — Page 6 the gas cost for each proposer was approximately $30 million, with the difference between the gas cost being $325,000, or cne percent. Regarding the reservation fee (cost necessary to construct facilities to deliver natural gas to the city's gates), Ms. Marroquin said that National Energy & Trade was charging $834,000 while Crosstex was charging $411,000, primarily because NET proposed to nclude approximately 24 miles of pipeline and associated rights -of -ways. The associated pipelines •would allow the city to directly feed the farm taps on Highway 44; increase pressure; back feed the flour Bluff and Naval Air Station; and direct feed the Country Creek area. In addition, Ms. Marroquin said that NET offered to make a $50,000 per year donation to Operation Heat Help. Ir conclusion, Ms Marroquir stated that R.J. Covington and staff were recommending National Energy & Trade to continue serving as the city's gas supplier, based on the city's acquisition of certain facilities and the annual Operation Heat Help donation of $50,000 annuallyfor five years Mr. Kelly asked if NET currently owned the additional pipelines in question. Ms. Marroquin answered affirmatively, adding that they would be transferred to the Gas department on July 1 at 9:00 a m In response to Mr. Kelly's questions, Ms. Marroquin stated that NET would transfer the pipelines to the city for $400,000 a year. Once the city owned the systems, she said the transmission lines would not cost much more to maintain because the lines were cathodically protected She said the city was looking at connecting the high pressure systems on Highway 44 to the other systems it the future, but would need to acquire additional right-of-way. Overall, she said the city would see a net savings from NET's offer; if the city were to install the pipelines ndependently, the cost would be over $7 million. She said she did not know when the systems would be connected, but she said it would take approximately 47 working days to connect Highway 44 to Sedwick, and 95 days to connect Sedwick to Clarkwood. Referring to the transmission main map, Mr. Marez asked why a new pipeline was planned down Yorktown Boulevard, when an existing line down Saratoga Boulevard could be extended. He was concerned that the city was stretching its assets to meet growth in the Yorktown area at the rest of the city's expense. Ms Marroquin replied that the Yorktown Boulevard line was an existing line, and the city would not have to acquire rights-of-way or easements to extend it. Assistant City Manager Ron Massey added that the map only showed transmission mains; the city also had low pressure mains in many areas not shown on the map He said staff hoped to use the transmission mains to connect parts of the system that were isolated and fed by limited sources. NET's proposal provided another connection to Country Creek to continue to supply them if their regular line went down, and could also provide a link to the Naval Air Station. He said the city could take control of the proposed pipelines using lower pressure lines. Mr. Noyola asked how much money the city would save by entering into this contract. Ms. Marroquin answered that f the city were to obtain the pipelines independently, then the approximate cost would be $7 million. By entering into the contract, the city would pay $2 million over the five years term of the contract, a savings of $5 million. Mr. Noyola asked Assistant City Manager Martinez to consider this savings before the city proposed any future utility rate increases. Assistant City Secretary Juarez poled the Counci for their votes as follows Minutes -- Regular Council Meeting June 6. 2006 - Page 9. RESOLUTION NO. 026818 Resolution authorizing the City Manager or his designee to execute a five year Natural Gas Supply, Transportation, and Facilities Construction Contract with National Energy & Trade, L P , of Houston, -exas for the purchase of 100% of the City's natural gas requirements to begin or July -. 2906 and expire on July 1, 2011 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 12, a first reading ordinance to increase the local 9-1-1 wireline service fee City Manager Noe explained that to provide for the expense associated with the operation of this system, the city was authorized to assess and collect a monthly 9-1-1 service fee on ail city residential and business lines. Thus, he said the proposed budget included a fee increase as a funding stream. Acting Police Chief K.A. Bung added that the PUC required that the city wait 60 days before collecting fees to allow providers time to modify their billings. He said the proposed fee increase was from $.70 to $1.00 for all residential lines and $.90 to $1.20 for all Business lines. He said staff planned to use the revenues to upgrade the system and cover additiona operating expenses No one spoke regarding the proposed fee increases. Assistant City Secretary Juarez polled the Council for their votes as follows: 12. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding definition of local exchange access line and 9-1-1 service fees; providing for penalties. 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 8. a presentation regarding the Unified Development Code (UDC) public review draft. Assistant Director of Development Services Michael Gunning stated that an intensive 45 -day public review period on the proposed draft began on June 5. Since it was a voluminous document, he said staff provided a matrix outlining the proposed changes included in the draft for the Council's convenience Mr. Gunning introduced Mr. Lee Einsweiler with Duncan Associates to discuss the proposed draft. Mr. Einsweiler explained that the UDC project was initiated a year and a half ago with a review of the city's existing regulations. He said the code was drafted in modules with a Blue Ribbon Committee and staff, whose recommendations were then incorporated into the proposed draft. Mr Einsweiler emphasized that the proposed draft was the public review draft, not the draft for adoption. He said the review period would run from June 5 to July 19, approximately 45 days. He asked the public to feel free tc comment on any of their concerns. At the end of the comment period, he said the team would put all the comments in a single table and each comment would be reviewed in preparation for the adoption draft. If an adoption draft was completed by August, then the Planning Commission and City Council hearings were tentatively scheduled for the fall. He noted, however that the public review period could be extended if needed to address any major concerns raised. He saic the effective date for the code would likely be January 1, 2007. Minutes - Regular Council Meeting June 6 2006 - Page 8 Mr Einsweiler discussed the most significant changes in the draft document. First, he cited the creation of the Development Review Committee, comprised of designees from all the major departments, to streamline the staff approval process and site plan review process. Second, he said the draft consolidated the zoning districts, collapsing the existing districts. Third, the draft provided for three types of residential subdivisions as follows: conventional; cluster; and conservation Fourth, the draft included modifications to the landscape buffers (i.e. between zoning districts, around parking lots, and streets) and added a requirement for tree canopy. Finally, he said the draft included a requirement for future public open space for park land dedication and mprovement fees Mr Scott asked staff to include an in-depth description of the proposed park land improvement fees in his Council packet this weekend. Mr. Einsweiler stated that the park land requirement was modeled after the mandates established by State case law, initiated by a case in College Station. He said the improvement fee rates differed for single-family and multi -family units, and generated the land dedication. In addition, an improvement fee would be charged and assessed on top of the improvement fee. He said the team had not established a fee at this point. Mr. Gunning added that the city's current rate for park land dedication was either cash in lieu of or equal to five percent of raw land market value or five percent of the land. Mr. Einsweiler stated that the proposed improvement fee was unit -cased: one acre per 230 units per single-family and one acre per 260 units for mu ti -family Mr Einsweiler referred to an outline of the significant changes in the UDC as follows: the existing platting and zoning ordinances were combined; the development review procedures were consolidated; the permitted uses in the zoning ordinances were combined into one Use Table; the general development standards (e g landscaping, signs, etc.) were consolidated; and the enforcement. nonconformities, definitions sections were consolidated into their own articles. Mr. Einsweiler stated that the old Platting and Zoning Ordinance was 332 pages long, while the draft UDC was 390 pages long. He said the principal difference between the documents was that other portions of the city code were incorporated into the UDC (e.g. Chapter 14 - Floods), but for the most part. the proposed document was approximately the same size. Mr Einsweiler briefly covered each section of the draft UDC. In Article 1 - General Provisions. he highlighted the transitional provisions for existing violations and dormant projects. In .Article 2 - Development Review Bodies, Mr. Einsweiler pointed out a new table summarizing the review authority for the bodies. In Article 3 - Development Review Procedures, Mr. Einsweiler mentioned new review procedures, including Historic Overlay District designation, Site Plan Review, Master Sign Plan, and Temporary Use Permits. in Article 4 -- Base Zoning Districts, Mr. Einsweiler pointed out that the major changes were primarily in the nomenclature of the districts, but noted that the Historic Overlay was the only new district In Article 5 Use Regulations, Mr. Einsweiler stated that three new subdivision types (conventional, cluster and conservation) were created, in addition to new housing types and Industrial housing provisions. In Article 7, General Development Standards, Mr. Einsweiler said changes were made to areas including access and circulation. parking, landscaping, signs outside display, outdoor lighting, Minutes -- Reguiar Council Meeting June 6 2006 — Page 9 building design, dune protection. and flood hazard reduction. In Article 8, Subdivision Design, Mr. Einsweiler pointed out that a major change was that the city would only maintain public facilities that were built to standards. He also noted that a provision n this article required that in the ETJ all lots within a mile of a sufficient wastewater system must connect was controversial and would more than likely be amended. Mr. Kelly expressed concern about the wastewater design provision because the city would have to initiate an aggressive capital improvement project to expand the city's sanitary sewer system. Unless the city expanded the system. he said many lots in Clarkwood, FM 624, and Leopard Street would not be available for development if the city adopted this provision. Mr. Einsweiler replied that the development community shared Mr. Kelly's concerns about existing land areas that would be rendered unbuildabie if this provision was adopted. He also covered other subdivision design improvements including public open space. improvement guarantees, and city participation requirement. Regarding Article 9, Nonconformities, Mr. Einsweiler stated that the principal theme was to clarify that separate nonconforming uses were different from nonconforming structures. In addition, he said the Article included changes to the triggers and thresholds for nonconforming use to make it easier to redevelop older properties in the city. W ith regards to Article 10, Enforcement, Mr. Einsweiler reported the article was intended to clarify the city's enforcement rights Finally, regarding Article 11, Definitions, Mr. Einsweiler stated that undefined words have their normal dictionary definition and struck unused terms. Ir. conclusion, Mr. Einsweiler reiterated that the 45 -day public review would end on July 19; copies of the UDC were available online, in the public libraries, and the Development Services office. He noted comments were best received online through an online form. Mr. Gunning added that individuals could alsc send their comments directly to him or Ms. Sylvia Arispe in Development Services Mayor Garrett asked about the timeline for adopting the UDC. Mr. Gunning replied that staff had tentatively scheduled the UDC for Council action during the second week of November. Mr. Einsweiler pointed out that the Council would receive a new draft responding to the comments in the public review would be available in August. Mr Garcia stated that he felt the language in the draft UDC was excessively bureaucratic and too general. He expressed concern that many of the potential effects resulting from the new provisions in the UDC would increase developers' costs. He also felt that "affordable housing" needed to be defined since it was no longer in the $80,000 price range. He said that he would reserve most of his questions until after he had reviewed the document more thoroughly and spoken with Mr. Gunning. Mr Gunning replied that he would improve the UDC change matrix to include page number references in response to Mr Garcia's question, Mr. Gunning replied that the development community was concerned that the potential increase in fees to develop a lot would minimize the funding available for home construction. He also said staff would be discussing the street buffering system to see if t was cost effective. Mr Marez stated that his primary concern was to ensure that the public review process was as inclusive as possible. He asked about the response from the public forum held yesterday. Mr. Gunning replied that no one attended the public meeting held last night. Mr. Marez asked when the meeting was announced Ms. Sylvia Arispe with Development Services replied that the Public Minutes -- Regular Council Meeting June E. 2006 -- Page 10 nformation Office sent out a media release last week announcing the public meeting. In addition, she said Development Services attempted to contact all interest groups such as homeowners associations and school superintendents. She also said other meetings would be held in June and July. Mr Marez replied that he thought the notices should go out earlier and multiple times in order to reach the most people, especially during the summer months. Mr. Gunning stated that city staff was willing to make presentations to any community groups. Mr Noyola agreed with Mr. Marez's concern about informing the public about the public review period in a timely manner. He was also concerned that the potential fee increases resulting from the UDC could affect affordable housing rates. Mr. Einsweiler replied that he felt the draft UDC as a whole helped the affordable housing effort; he said he would be glad to speak with Mr. Noyola about his concerns Mr Scott stated that he was contacted by an individual who had attended the Planning Commission meeting and expressed concern that the draft UDC was going to destroy the development community. Mr. Scott expressed frustration that he had not been able to obtain a copy of the draft UDC before today's meeting, despite his requests, so he could discuss the individual's concerns Since the development community was going to be calling the Council about their concerns. he said it was important that the Council be furnished with an up-to-date copy of the draft UDC. Mr Gunning replied that as staff worked with the document over the next 45 days, they needed to ensure that all :he interested parties had the same document. He emphasized that staff would not be updating the document until after the public review period because frequent updates had caused confusion in the past Mr Scott stated that the development community's perception was that the draft UDC was a done deal. He asked staff to keep this in mind when they were speaking to the community. He said he was inclined to suppor staff's recommendation, but he asked them "to help him help them". Mr. Einsweiler said that the Council would be better served by reviewing the comments once the public review period was complete. He said the team would put the comments in a matrix and discuss each concern, and respond to them the result would be a document that was right for Corpus Christi Mayor Garrett called for a brief recess to present proclamations. The Council returned from recess Mayor Garrett announced the executive sessions, which were listed on the agenda as follows 14 Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 15. Executive session under Texas Government Code Section 551.071, regarding contemplated litigation by Donald Beadman, with possible discussion and action related thereto in open session. 16. Executive session under Texas Government Code Section 551.071 regarding Larry Young, et al v. City of Corpus Christi, Cause No. 13 -03 -00559 -CV, in the Thirteenth District Court of Appealswith possible discussion and action related thereto in open session. Minutes - Regular Council Meeting June 6 2006 — Page 11 Executive sessior under Texas Government Code Section 551.071 for private consultation with its attorney regarding potential claims related to the construction of the American Bank Center Arena, with possible discussion and action in open session. The Council went nto executive session. The Council returned from executive session and the following motion and .ordinance were passed with the following vote: 17.a. MOTION NO. 2006-171 Motion authorizing the City Manager or his designee to execute Change Order No. 14 (Final) with Construction Manager at Risk Contract with Fulton/Coastcon, Joint Venture, of Corpus Christi, Texas In the amount of $187,878 as final settlement of claims and disputes related to the construction of the American Bank Center Arena and securing release from the contractor. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Chesney and Noyola, voting "No". 17 b. ORDINANCE NO 026823 Ordinance appropriating $187,878.00 from the Unappropriated Fund Balance of the Arena Facility Fund No. " 130 for Change Order No. 14 as final settlement of claims and disputes related to the construction of the American Bank Center Arena; amending the FY 2005-06 Annual Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $187.878.00. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote. Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Chesney and Noyola, voting "Nc" Mayor Garrett called for petitions from the audience. No one in the audience asked to be recognized. Mayor Garrett referred to Item 13, an overview of the proposed FY 2006-2007 General Fund Budget. Assistant City Manager Oscar Martinez stated that the beginning balance in 8/1/06 was $19,548,685; and total revenues and expenditures were $174,140,565. He stated that the closing balance would then be $19,548,685, noting that this amount included the capital reserve authorized by Council resolution. He said the capital reserve provision stated that if the city had an excess of 10 percent in the unreserved fund balance, then anything over the ten percent amount could be nvested in one-time capital projects. Mr Martinez reviewed the city major revenues sources as follows: ad valorem taxes (27 percent); sales tax (23 percent); other (13 percent), solid waste (16 percent); franchise fees (9 percent); interdepartmental (3 percent); administrative charges (3 percent); industrial district (3 percent); and municipal court (3 percent) Council members asked questions about the swimming pool inspection fee and the franchise fees. Mr. Martinez reviewed a list of revenue increases anticipated in FY 2006-07, which totaled $8.100 381. He also reviewed a chart cepicting the history of net taxable values from 1995 to 2006. Minutes Regular Council Meeting June 6 2006 — Page 12 Mr Martinez stated that the FY 2006 tax rate was $.426624 and the FY 2007 tax rate was 3.40823 Mr Martinez discussed a chart depicting the percent change in sales tax collections. He said the 2006 tax collections were estimated at 5.4 percent higher than in 2005, and 3.5 percent higher .n 2007 Mr Martinez reviewed the solid waste services fee increases required to fund the debt associated with the new Cefe Valenzuela landfill and transfer station. He pointed out that the MSWSS charge increased by 26 percent for vendors and by slightly more than 5 percent for residential homeowners. Mr. Martinez referred to a chart depicting the major expenditures by department. He noted that Fire/EMS 120 percent) and Police (32 percent) comprised 52 percent of the city's total expenditures Mr. Martinez covered a chart illustrating the full-time equivalent changes in the FY 2005, 2006 and 2007 budgets. He noted that the FTEs in FY 2007 increased by 10.93 compared to FY 2006, but there was a net reduction overall if the 15 positions created for the new landfill were excluded He also stated that the city had $480,700 in unfunded salaries, equivalent to approximately 13 FTE reductions, because staff had worked to maintain a level staffing budget. Mr. Noe clarified that in essence, staff was not filling vacant positions when they became vacant. He said staff used a "balanced scorecard" process to determine when there was more work than staff could produce effectively Mr. Martinez referred to a chart depicting General Government expenditures by function. He noted that the city's capital expenditures were not keeping pace with the equipment maintenance and replacement needs. He said staff was working to develop a program that would structure the capital replacement program across all departments. He also said an additional $100,000 was included .n the budget for legislative efforts; and $172,700 was allocated to human resources for centralized funding for training In addition, he said two Deputy City Marshals were being added to provide security for the Court and Police buildings. Mr. Martinez referred to cnart illustrating the Fire department's expenditures by function, noting that an additional $100,000 was budgeted in Reserve for Capital to supplement the $351,500 capital budget. He noted that $884,632 was being budgeted for two academies in November 2006 '24 firefighters) and November 2007 (25 firefighters). He said $140,000 was being budgeted for improvements to fire station roofs and driveways Mr. Martinez referred to a chart depicting the Police department expenditures by function. He said the department's total FY 2007 budget was $54,492,206, with only $805,000 set aside for capital expenses (35 police package sedans). He also noted that $754,035 was set aside for two academies in September 2006 (21 officers) and July 2007 (25 officers) respectively, which should keep the department at their authorized strength Mr. Martinez referred to a chart illustrating the Health department's expenditures by function. He noted that $63 200 in funding was included for the TB Clinic due to reduction in a State grant. Regarding the Libraries department expenditures, Mr. Martinez stated that $50,000 had been included to replace a Fire Panel in the Central Library building to meet the Fire Code. He also said the libraries were contracting with a collection agency for enhanced collection efforts on outstanding delinquencies Minutes Regular Council Meetirg June 6. 2006 — page 13 Regarding the ParK and Recreation department expenditures, Mr. Martinez noted that there appeared to be a projected decrease in the total budget. In reality, he said the budget was reflected at a lower rate because of a $417,000 grant surplus in the Senior Community Services division. He also mentioned capita; equipment purchase, skill -based pay initiatives in Park Maintenance, and a decrease in FTEs for Life Guards Beach Maintenance and Beach Parking Permits. Regarding Street Services expenditures, Mr. Martinez noted that the FY 2007 budget increased by $600,000 to maintain current service levels because of the increase in material costs. He added that an additional $800,000 was being budgeted for more street work and for six replacement vehicles Council members asked questions about the hot mix material used for potholes Regarding the solid waste services expenditures, Mr. Martinez stated that $2.3 million was being allocated for the Cefe Valenzuela landfill operations. He noted that there was a $400,000 decrease in the lease purchase payments Regarding the Community Development/Engineering expenditures, Mr. Martinez noted that the Model Block Program and Solid Waste code compliance were being added to the Neighborhood Services department. Mr Martinez discussed the proposed uses for the Reserve for Capital Improvement, which was estimated at $1,036,000, as follows: Central Library Fire Panel; Ben Garza Gym a/c; Lindale Senior Center a -c; Ethel Eyerly Senior Center a/c: Fire station driveways; and street maintenance. In conclusion, Mr. Martinez discussed the budget calendar as follows: June 13 — enterprise funds; June 27 -- special revenue/internal service/debt service funds; July 11 — public hearing; July 18 — first reading, and July 25 --- second reading and adoption. Mr. Domingo Ibarra, CCPGA president, spoke in support of the budget allocations for public safety. Mayor Garrett called for the City Manager's report. City Manager Noe reported that the draft UDC was available for input on the city's website. He also stated that at next week's Council meeting, a presentation on the Enterprise funds and a public hearing on Crime Control and Prevention District budgeand a Model Block Program item were scheduled. Mayor Garrett called for Councii concerns and reports. Mr. Noyola reported that many constituents had called about flooding in Las Colonias. Assistant City Manager Massey explained that the Las Colonias subdivision_ west of Greenwood and north of Saratoga, received the most flooding during Thursday s heavy rain event. He said the subdivision was located near Lavollo Creek, where three major drainage channels went into the creek. He said the rainfall in a seven - hour period was 11-38 inches, exceeding a 100 -year rain event total by three inches. He said Lavollo Creek could not handle the water so it backed up into the lower land, including the Las Colonias subdivision. He said the city was making efforts to address the damage. Mr. Noyola asked if the construction in the area could have been another cause of the flooding. Mr. Massey answered negatively, saying their photos showed that the culverts had sufficient capacity, but were simply overwhelmed by the storm event Mr. Kelly reported drainage problems at the Douglas subdivision, off of Suntide Road. He said that since the warehouse development on Suntide, residents reported that the water was sheeting off of the parking lots and into residents' homes. He said that he thought the city had Minutes - Regular Council Meeting June 6. 2006 — Page 14 asked the property owner to put in a system to divert the water to Suntide Road. Assistant Director of Development Services Mary Frances Teniente replied that the Culp's property backed up to the ndustrial warehouses on Suntide Road. She said staff became aware of the drainage problem in 2004 during a heavy rain event. She said staff sent letters to the property owner asking them to address the problem, although she noted that she was unable to find copies of the letters. She said staff would attempt to contact the property owner again. Mr. Kelly replied that he wanted staff to understand that the residents were frustrated that two years after that had initially reported the drainage problem they were flooded out again because the city had not addressed it. Mr Kelly also spoke regarding chronic flooding on Tuloso Road and IH -37. Assistant City Manager Massey said the water drained along Leopard Street until it reached a divide at IH -37. He said staff did not have a good solution for the drainage problem at the moment. He said generally, the city drainage system had problems with drainage coming off of IH -37 at numerous locations. He said staff needed to revisit the situation with TxDOT. Mr. Kelly stated that three homes across from the old Tuloso school were particularly ✓uinerable to flooding. He said one of the homeowners, Mr. Miller, reported the flooding two years ago. At that time, the city determined that there may be nadequate capacity going under the highway. He asked if TxDOT needed to be involved to resolve the problem. Mr. Massey answered affirmatively, saying that TxDOT designed their highways to a ower ievei of protection. Mr, Garcia spoke regarding Lift Station No. 13, saying that developers and the city needed to come to an agreement on how the city could implement a new trust fund reimbursement system. He thanked Ms. Teniente for her report. He also asked Director of Neighborhood Services Yvonne Haag about the estimate the Building Standards Board had provided regarding the Spring Creek case. Ms Haag replied that the $3,900 figure was the estimated cost for the average case that went before the Building Standards Board, noting that the Spring Creek case was atypical. She said staff would be keeping track of the estimated cost per case that went before the Building Standards Board because if a case went before the Council for an appeal, staff would like to implement the estimated cost for the process Mr Garcia spoke in support of fining individuals who were chronic offenders Mayor Garrett asked Ms. Haag about the abandoned trailers on Scott Street. Ms. Haag replied that code enforcement had cases on some of the trailers, and was going through due process to notify the property owners. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:07 p m. on June 6 2006.