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HomeMy WebLinkAboutMinutes City Council - 07/17/2007I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of July 17, 2007, which were approved by the City Council on July 24, 2007. WITNESSETH MY HAND AND SEAL, on this the 24th day of July, 2007. Armando Chapa City Secretary SEAL INDEXED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 17, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John Marez** ABSENT Michael McCutchon *Arrived at 10:08 a.m. **Arrived at 10:58 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 Henry Williams with Corpus Christi Christian Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 10, 2007. A motion was made and passed to approve the minutes as presented. ************ Mayor Garrett referred to Item 2 and the following board appointments were made: Convention and Visitors Bureau Board John Trice (Reappointed) Art Granado (Reappointed) Jyoti Patel (Reappointed) Damon Bentley (Reappointed) Tom Schmid (Reappointed) ************ Mayor Garrett called for consideration of the consent agenda (Items 3 - 11). There were no comments from the public. Council Member Hummel) requested that Item 4 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 027331 Ordinance appropriating an amended grant in the amount of $543,395.67 in the No. 1062 Fire Grants Fund, from the Division of Emergency Management, Office of the Governor, to carry out designated Homeland Security Activities as part of the 2006 Homeland Security Grant Program. Minutes — Regular Council Meeting July 17, 2007 — Page 2 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 5. MOTION NO. 2007-179 Motion to authorize an Enhanced 9-1-1 (E9-1-1) Service Agreement with T -Mobile USA, Inc. in the amount of $38,121 for the company to provide caller directory information and caller location information for T -Mobile wireless customers' 9-1-1 calls to the City MetroCom. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 6. RESOLUTION NO. 027333 Resolution authorizing the City Manager or his designee to execute all necessary documents to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2007-2008 under the Texas General Land Office's Cleaning and Maintenance Assistance Program. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 7 ORDINANCE NO. 027334 Ordinance approving the transfer of $62,800 from Self Insurance Claims in the Liability and Employee Benefits - General Liability Fund No. 5611 to and appropriating in Visitors Facility Fund No. 4710 for repairs to the Selena Auditorium at the Convention Center; changing FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations and revenues by $62,800. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 8.a. MOTION NO. 2007-180 Motion authorizing the City Manager, or designee, to execute a contract between Skid-0- Kan/Haul Away, guaranteeing the delivery of specific tonnage of acceptable waste to the J.C. Elliott Landfill for period not to exceed the life of the J.C. Elliott Landfill including a retroactive provision commencing on June 1, 2007. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 8.b. MOTION NO. 2007-181 Minutes — Regular Council Meeting July 17, 2007 — Page 3 Motion authorizing the City Manager, or designee, to execute a contract with Skid-0- Kan/Haul Away, guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region, to the Cefe Valenzuela Landfill for a period of twenty years commencing upon opening of the landfill. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 9. MOTION NO. 2007-182 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $54,101.23 for the Central Library Fire Alarm System project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 10. MOTION NO. 2007-183 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed $99,273.40 for a revised contract value of $7,540,711.15 for a 2 -inch pavement overlay of Pinson Drive and Glasson Drive at the Corpus Christi International Airport. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. 11. ORDINANCE NO. 027335 Ordinance abandoning and vacating a 4,551.20 -square foot portion of a 10 -foot wide utility easement out of Lots 1-9, and Lots 37-40, Block 4, Flour Bluff Center, between Central Street and Jonnell Street; requiring the owner, Hooten Family Trust, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon and Marez were absent. Mayor Garrett opened discussion on Item 4 regarding the purchase of an all -terrain vehicle. In response to Council Member Hummell, Fire Chief Richard Hooks stated that the manufacturer of the all -terrain vehicle was John Deere. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 027332 Ordinance appropriating $9,899 in training revenues received from Del Mar College and the Portland Fire Department into the General Fund for the Fire Department to purchase an all - terrain vehicle; amending the FY 2006-2007 Operating Budget, adopted in Ordinance No. 026908 by increasing estimated revenues and appropriations by $9,899 each. Minutes — Regular Council Meeting July 17, 2007 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. ************* Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0607-02, Renato A. DePaolis: A change of zoning from "R-16/10" One -family Dwelling District with the Island Overlay to a "B-2/IO" Bayfront Business District with the Island Overlay out of Padre Island Section E, Block 1, Lot 5, located on Aruba Drive, approximately 500 feet south of Running Light Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-2/IO" Bayfront Business District with the Island Overlay. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 027336 Amending the Zoning Ordinance upon application by Renato A. DePaolis, by changing the Zoning Map in reference to Padre Island Section E, Block 1, Lot 5, from "R-1 B/IO" One -family Dwelling District with the Island Overlay to "B-2/IO" Bayfront Business District with the Island Overlay; amending the Comprehensive plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 13.a. Public hearing to consider a text amendment to Article 7, "R-2" Multiple Dwelling District Regulations, Section 7-1 of the Zoning Ordinance, to allow a minimum of two -unit townhouse structures within a single platted lot. No one appeared in opposition to the text amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 13.b. ORDINANCE NO. 027337 Ordinance amending Article 7, "R-2" Multiple Dwelling District Regulations," Section 7-1 of the Zoning Ordinance to allow a minimum of two -unit townhouse structures within a single platted lot; providing a penalty clause; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Minutes — Regular Council Meeting July 17, 2007 — Page 5 ************* Mayor Garrett opened discussion on Item 15 regarding the Cimarron Boulevard Street Improvements. Director of Engineering Angel Escobar explained that the award of the contracts is for the Cimarron Boulevard Street Improvements - Phase 1 from Saratoga Boulevard to Yorktown Boulevard to allow for five lanes. Mr. Escobar added that the stormwater from the first phase will flow into Master Channel 31. Mr. Escobar stated that the completion time for the project is 730 calendar days. Council Members asked questions regarding the construction of Master Channel 27 and the effect on construction work on Cimarron; a timeline for completion of Cimarron; the current number of lanes; the determination of how a road is originally constructed; the transportation plan; if utilities are factored in the construction; contractor incentives to meet deadlines; and the consideration of materials and specifications to improve roadway. Abel Alonzo, 1701 Thames, thanked the engineering staff for meeting the goals of the Bond 2004 projects. City Secretary Chapa polled the Council for their votes as follows: 15.a. MOTION NO. 2007-184 Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contracting, L.P. dba Bay, Ltd. of Corpus Christi, Texas in the amount of $10,540,640.75 for the Cimarron Boulevard Street Improvements Project Phase I from Saratoga Boulevard and Yorktown Boulevard. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 15.b. MOTION NO. 2007-185 Motion authorizing the City Manager or his designee to execute a Construction Materials Engineering Laboratory's Inspection and Materials Testing Services Agreement with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $64,744 for the Cimarron Boulevard Street Improvements Project Phase I from Saratoga Boulevard to Yorktown Boulevard. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. ************* Mayor Garrett referred to Item 14, a presentation regarding the Texas A & M University — Corpus Christi Expansion Project. City Manager Noe referred to a powerpoint presentation including the background of the expansion, the proposals, the South Guth Park expansion option, a map of the subject property; alternative park facilities; a location map of the site on John Paul Jones Avenue; and future actions. Dr. Flavius Killebrew, President of Texas A & M University — Corpus Christi provided an overview of the university and expressed the need to develop the physical campus. Dr. Killebrew referred to a powerpoint presentation including a map of the current campus land use; a picture showing the proximity of the property to the island; the boundaries of the South Guth Site; the Minutes — Regular Council Meeting July 17, 2007 — Page 6 drainage area of the property; and the process for approval. Council Members asked questions regarding the South Guth site as adequate land for the expansion; the timeframe until the next phase for expansion; lack of ability to receive additional grants due to space; average salaries lost; the housing proposed for new location and possible future downtown housing; the university's master plan; anticipated land uses; neighborhood involvement; proposed non-academic uses for property; the cost of the acquisition and construction of alternative facilities; the value of the South Guth property; the total cost to the city; the differences in the surveying of the property; the amount of wetlands on the property; FEMA zones; consideration of a land exchange with CCISD; the structures built on the site; closure of Nile Street; and the location map. ************* Mayor Garrett opened discussion on Item 16 regarding amending the Development Services Fee Schedule. Debbie Marroquin, Interim Director of Development Services provided a background on the Horizon Center's review of the development process, the Cost of Service Study, the goal to be less reliant on the General Fund and to become a true Enterprise Fund; and the recommended increased or established fees. Council Members asked questions regarding the Horizon Center Inc. study; if the established and increased fees were necessary to meet staffing operations; Horizon's recommendations and performance measurements for fixing the customer service process and staff training; enhanced technology; the plan and timeframe for training; timing for the regulatory requirements; transfer of funds to development services from the general fund; the last time the fees were reviewed; future increase in fees; the determination to not change fees; reimbursements for trust funds; if the study reviewed the management of the department; the project manager concept and accountability; anticipation of eliminating positions; exceptions for affordable housing programs; streamlining the process for developers; tracking of small businesses; and permitting. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Amending Chapter 14, Development Services, Article XIII, Development Service Fees, Division 4, Platting Ordinance Fees, Section 14-1341, Platting Ordinance Fees, and Chapter 17, Finance and Taxation, Article I, In General, Section 17-20, Lease Agreement Fees, and Chapter 49, Streets and Sidewalks, Article I, In General, Division I, Generally, Section 49-12, Petition to Council to Establish or Close Streets, etc., and Section 49-13, Request for Closing or Abandonment of Easement, and Division 2, Temporary Closure of Streets, Section 49-16, Issuance of Permits; Classification of Events of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to neighborhood block parties, plat variances, street and alley closures, easement abandonment or closure, lease agreements, participation agreements, and reimbursement agreements. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye", McCutchon was absent. ************* Minutes — Regular Council Meeting July 17, 2007 — Page 7 Mayor Garrett called for petitions from the audience. Pat Suter, 1002 Chamberlin, spoke regarding problems with construction crews driving heavy trucks on Swantner Drive to repair Reid Street and promoting recycling. J.E. O'Brien, 4130 Pompano, spoke regarding citizen participation during presentations, setting a time on the agenda for the budget public hearing, and the City's debt. Foster Edwards, 118 Alta Plaza, asked the Council to renew the funding for the Convention and Visitors Bureau. Dora Garza and Sally Witt, requested consideration for funding to the Instituto de Culture Hispanica. ************* Mayor Garrett discussed reconsideration of Zoning Case No. 0507-11, The Lakes at King Estate, Inc. which was considered last week and failed to pass. He stated that he had new information that would lead him to recommend reconsideration. Mayor Garrett explained the rules and procedures that allow for the council to reconsider an agenda item. Mayor Garrett made a motion to reconsider the agenda item regarding Zoning Case No. 0507-11 which failed last week, seconded by Mr. Elizondo, and passed; Hummel) voted "No"; McCutchon was absent. A brief discussion ensued. Mr. Marez made a motion to place this item on the July 24th agenda, seconded by Mr. Hummel) and passed; McCutchon was absent. ************* Mayor Garrett opened discussion on Item 17 regarding the first reading on the adoption of the City of Corpus Christi Budget. Assistant City Manager Oscar Martinez provided a brief overview of the budget. In a response to a request by Mayor Garrett, Mr. Martinez referred to a utility rate model detailing the consequences if utility rates are not increased and the effects on the fund balance and debt service coverage. Council members asked questions regarding historical information on the utility infrastructure; the Bond 2008 project; a fair and reasonable cumulative projection of utility rate increases; the effect of reducing the utility rate for FY2007-2008; impact of a loss of debt service coverage; the current bond rating; total cost of service for the average user; capital improvement projects anticipated for FY2007-2008; if water lines in CIP are new or replacements; increasing costs of materials and labor; readjusting the rates; expansion of the Greenwood Waste Water Treatment Plant; and the Broadway Treatment Plant diversion. City Manager Noe provided a copy of recommendations for a potential funding plan for the Hotel Occupancy Tax recipients. Council members asked questions regarding the Convention and Visitors Bureau funding and performance; an additional increase for the Asian Cultural Museum and the Arts Community Center; the reduce reserve appropriation; data to determine the number of tourist entities attract; and solutions for roof repair at the Asian Cultural Museum. A motion was made by Ms. Cooper to allocate an additional $5,000 to the Asian Cultural Museum and the Arts Community Center from the reduce reserve appropriation. The motion was seconded by Ms. Martinez. After a brief discussion, Ms. Cooper withdrew her motion to allow staff to provide recommendations for the best alternatives for funding. City Manager Noe provided information regarding a request by Council for a cost of instituting an internal auditor and a request by Mayor Garrett and Council Member Elizondo to develop the cost Minutes — Regular Council Meeting July 17, 2007 — Page 8 estimate for creating an education advisor. A motion was made by Mr. Marez to increase the funding for the Downtown Management District from $80,000 to $100,000. The motion was seconded by Ms. Martinez, and passed; Cooper and McCutchon were absent. Mayor Garrett called for public comment. J.E. O'Brien, 4130 Pompano, spoke regarding the need to slow down the capital improvement project program and the increase in utility rates. Bill Kopecky, 3609 Topeka, spoke regarding the capital improvement projects, the utility rate model and the Reinvestment Zone #2. Abel Alonzo, 1701 Thames, spoke regarding the effect of not increasing the utility rate, consideration of a project to assist the economically disadvantaged and the performance of the Convention and Visitors Bureau. Louis Hoelscher, 4429 Congressional, spoke in opposition of increasing the utility rates. Mary Ann Kelly, asked Council to not increase utility rates. City Secretary Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2007; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye", McCutchon was absent. Mayor Garrett opened discussion on Item 18 regarding the Compensation and Classification Plan for FY2007-2008. Director of Human Resources Cynthia Garcia provided a list of recommended amendments to the compensation and classification plan including a 3% pay increase for employees, clarify pay plans; extending health plan coverage to council members at the same cost as employees, excluding police officers covered by collective bargaining agreements from funeral benefits for employees who die while on duty; expanding language for the section on nepotism prohibiting an employee from supervising a relative; deleting language in the appeal process for classification and compensation system; and technical amendments. Council members asked questions regarding nepotism; funeral benefits for firefighters; health plan coverage for council members including the city's contribution versus employee contribution, consequences should council not codify, and council participation; background checks on employees through the internet; and employees exempt from the 3% increase. A motion was made to delete the portion of the compensation and classification plan that provides employee coverage under the city's primary group hospitalization program to include members of the City Council. The motion was seconded by Ms. Leal. A brief discussion ensued. Mr. Hummell withdrew his motion to review legal ramifications. City Attorney Mary Kay Fischer was asked to research and report on this matter at next weeks meeting. Mayor Garrett called for public comment. Bill Kopecky, 2609 Topeka, spoke regarding the legality of Council members being eligible for City insurance. Abel Alonzo, 1701 Thames, spoke regarding insurance for Council members and the 3% increase for employees. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Amending the Code of Ordinances by revising Section 39-303, Standard Classifications, Pay Minutes — Regular Council Meeting July 17, 2007 — Page 9 Grades, and Ranges, regarding Fair Labor Standards Act Overtime Eligibility and Pay Plan Ranges; revising Section 39-304, Classified Service Defined to clarify pay plans exempt from classified service; revising Section 39-309, Employee Coverage under the City's Primary Group Hospitalization Program for eligible employees to add members of the City Council; revising Section 39-320, Funeral Benefit for employees who die while on duty due to on-the- job injuries to add an exception for police officers covered by collective bargaining agreement; revising Section 39-363, Nepotism to add a provision regarding immediate supervisors; repealing Section 39-364, Employee Appeal process for Classification and Compensation System; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye", McCutchon was absent. Mayor Garrett opened discussion on Item 19 regarding the proposed fee/rate increase adjustments included in the Proposed FY2007-2008 Budget. City Manager Noe presented this item. Council Members asked questions regarding the percentage of total revenue solid waste provides to the general fund; the state average per ton for solid waste; senior center rentals; proposed rate for the senior center patios; solid waste charges for single family dwellings; additional municipal solid waste charges; base rates for water services; delivery of water to outside city limits; basketball court rentals; summer youth program; the number of outside city limit customers; animal pound fees and handling charges; animal care personnel turnover; and expenditures in animal care. Mayor Garrett called for public comment. J.E. O'Brien, 4130 Pompano, spoke in opposition of an increase in solid waste and utility rates. Abel Alonzo, 1701 Thames, spoke regarding projected revenues. 19.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and other Refuse, regarding increases to resource recovery fees; providing for penalties; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye", Cooper and McCutchon were absent. 19.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye", Cooper and McCutchon were absent. 19.c. FIRST READING ORDINANCE Amending Chapter 14, Development Services," Article XIII Development Service Fees, Division 1, Technical Construction Code Fees, Section 14-1313, Technical Construction Code Fee Schedules, and Division 4, Platting Ordinance Fees, Section 14-1341, Platting Minutes — Regular Council Meeting July 17, 2007 — Page 10 Ordinance Fees, and Division 6, Zoning Ordinance Fees, Section 14-1361, Zoning Ordinance Fees, and Chapter 53, Traffic, Article V, Operation of Vehicles, Division 1, Generally, Section 53-107, Oversized Vehicles of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Zoning Verification, Mobile Home Permits, Electrical Re -out Permits, Certificates of Occupancy for Existing Buildings, Residential House Mover Permit, Oversized Vehicle Permit, Sign Permit, Vacating Plat, Utility Easement by Separate Instrument, Plat Time Extension, Zoning Change, Zoning Board of Adjustment, Deferment Agreement, Technology Fee related to Building, Electrical, Mechanical, and Plumbing Permits. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye", Cooper and McCutchon were absent. 19.d. RESOLUTION NO. 027338 Resolution authorizing adjustment of Parks, Recreation, Cultural, and Leisure Time Activities Rental and Recreational Fees; adding New Rental Fees and Recreational Fees for Fiscal Year 2007-2008; and providing for an effective date; providing for publication. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye", Cooper and McCutchon were absent. ************* Council Member Hummell requested concurrence from the Council to change his vote for the record in regards to the appointments to Convention and Visitors Bureau Board. Mr. Hummell explained that his intent was to support the Convention and Visitors Bureau recommendations including the new appointment of Nils Stolzlechner for Hotel Industry. The Council concurred. ************* Mayor Garrett reported on the noise level at a concert on Thursday, July 12th at Cole Park. Mayor Garrett spoke regarding construction on Up River Road. Mayor Garrett asked staff to provide a presentation on the status of Americans with Disabilities Act (ADA). Mayor Garrett called for Council concerns and reports. Council Member Marez spoke regarding the presentation on the noise ordinance. Mr. Marez reminded the public that he will offer his salary as a donation to non-profit organizations. He asked that interested organizations contact the City Secretary's office. Council Member Kelly spoke regarding the noise from Concrete Street and control of noise in city parks. Mr. Kelly asked staff if the trees removed on Leopard Street would be replaced. Mr. Kelly asked staff if precautions were being taken for irrigation on the islands on FM624. Council Member Leal congratulated Marti Longoria -Pitts for her work at the golf course. Ms. Leal invited the public to attend the Town Hall meeting on Wednesday, July 18th at 6:00 p.m. at the C.C. Natatorium to discuss the Memorial Coliseum. Ms. Leal thanked Assistant City Manager Oscar Martinez and staff for their work on the budget and requested a meeting to discuss the animal control expenses. Council Member Martinez asked for a status on the resurfacing of Shoreline Boulevard and Minutes — Regular Council Meeting July 17, 2007 — Page 11 warning signs on the beach regarding the contamination of water. Council Member Elizondo reported on the Town Hall Meeting regarding the Memorial Coliseum held on July 11th in District 5 and encouraged attendance at other meetings. Mr. Elizondo thanked City Manager Noe, Assistant City Manager Martinez and staff for their work on the budget and suggested to consider for future budgets a zero base budget exercise. He expressed his concern regarding youth fundraising at busy intersections. ************* There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:45 p.m. on July 17, 2007. *************