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HomeMy WebLinkAboutAgenda Packet City Council - 08/24/2004CITY COUNCIL AGENDA AUGUST 24, 2004 Corpus Christi AII-AmericaCity 8:00 A.M., City Hall, 6~ floor Conf~renca Room - Meeb'ng between the City of Corpus Christi and Representa~ves of the Lower Colorado River Authodty Board of Directors to mceive pmsentafJon.s on the Status of Planning lo Obtain Gan/rood Water and on Opportunities for Parthership, and to discuss and consider joint opportunities for cc~oeretlon end project development. 11:45 A.M. - Commendation Certificales for KC Caboom, 2004 TAAF State Champions Commendation fo~ Crb/- Park and Recreation Depart~r~nrs Arts and Cultural Commission, Recipient ol= 2004 STAR Award Swearing-in ceremony of newly appointed Board, Commission and Committee members AGENDA Crl'Y OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 24, 2004 10:00 A.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your pmsentatJon will be limited to three minutes_ ff you have a petition or other information pertaining to your subject, please present it to the Cib/ Secmtaq/. Si Usted desea dirigirse al Concilio y cma que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~1ol en todas las juntas del Conctllo pare ayudarie. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services am requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that approprfate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Assistant Pastor Wil Brannen, South Shore Christian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting August24,2004 Page 2 E. MINUTES: Approval of Regular Meeting of August 17, 2004. (Attachment #1) F. BOARDS & COMMI'I-FEE APPOINTMENTS: (Attachment # 2) 2. * Arts and Cultural Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items am listed as motions, resolutions, or ordinances. If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rether than a two reading ordinance; or may modily the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special mee~ng; such agendas are incorporated herain for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrath/e nature. The Council has been fumishod with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideretion in its normal sequence afterthe items not requlrfng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for indivklual consideratk)n) Motion approving the purchase of r~y-four sets of educational video and audio cassettes from National Educational Systems, Inc., of San Antonio, Texas based on sole source for a total CI'I'~ COUNCIL PRIORITY ISSUES (~efer t~ 16gend at Ihe end o~ Ihe agenda summary) Agenda Regular Council Meeting August 24, 2004 Page 3 7,5, amount of $37,856. The video/audio cassettes will be used by the member Libraries of the South Texas Library System (STLS). Funds are available from the South Texas Library System Grant. (Attachment # 3) Motion authorizing payment of the Special Commissioners' Condemnation Award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldddge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Attachment # 4) Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Chdsti and Mr. Ron Lewis, of Austin, Texas for governmental relations services relating to general water issues. (Attachment # 5) Ordinance appropriating $170,000 from the unappropriated settlement proceeds from Gulfterra Energy Partners, L. P. in City Hall Capital Improvement Program Fund No. 3160; transferring $170,000 to and appropriating in General Fund No. 1020 Legal Services for professional services to obtain compensation from pipeline companies for use of city property; amending FY 2003- 2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $170,000; amending FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $170,000. (Attachment # 6) Ordinance authorizing the City Manager or his designee to execute a one year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Chdsti Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. (Attachment # 7) First Reading Ordinance - Authorizing the City Manager or his designee to execute a thirty year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Chdsti Art Foundation, now the South Texas Institute for crrY COUNCIL PRIORITY ISSUES (Reft' ID legend at ~3e end of ~-~e agenda summary) Agenda Regular Council Meeting August 24, 2004 Page 4 10_ the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. {Attachment # 7) Second Reading Ordinance - Deleting Division 12, Business Resource Center Steedng Committee from Chapter 2 of the Code of Ordinances; amending Chapter 2 of the Code of Ordinances to establish the Small Business Advisory Committee. (Flint Reading 8/17/04) (Attachment # 8) Second Reading Ordinance - Amending Section 19-1 of the Code of Ordinance relating to definitions; enacting Subsections 19-3.1, 19-3.2, 19-3.3, 19-3.4, and 19-3.5 to establish a restaurant rating system; providing for penalties; providing an effec~e date of September 1,2004. (First Reading 8/17/04) (Attachment # 9) PUBLIC HEARINGS: ZONING CASES: Case No, 0704-01, L. J. Kuan and Terry Mergele: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District. The property is in Koolside, Block 9, Lot 15, located on the west side of Aidine Road and 300 feet north of Lure Avenue. (Attachment # 10) Planning Commission and Staff's Recommendation: Denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business Distdct with a Special Permit subject to ten (10) conditions and site plan. ORDINANCE Amending the Zoning Ordinance upon application by L.J. Kuan and Terry Mergele, by changing the zoning map in reference to Koolside, Block 9, Lot 15, (currently zoned "B-l" Neighborhood Business District) by granting a Special Permit for an auto sales lot subject to a site plan and ten (10) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Re~- ~3 leoend at the end ~ age;~da summary) Agenda Regular Council Meeting August24,2004 Page 5 11. Case No. 0704-02, Messianic Fellowship Chumh of Comus Chdsti: A change of zoning from a "R-lB" One-family Dwelling District to an "A-1" Apartment House District. The property is in a 0.48 acre tract of land recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas, located on the north side of Mueller Street and 500 feet west of Leopard Street. (Attachment # 11) Planning Commission and Staff's Recommendation: Approval of an "A-1" Apartment House District. ORDINANCE Amending the Zoning Ordinance upon application by Messianic Fellowship Church of Corpus Chdsti by changing the zoning map in reference on 0.48 acre tract recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas from "R-1 B" One- family Dwelling Distdct to 'A-l" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. 12. Presentation to review the results of the Large Scale Demonstration Desalination Feasibilty Study for the City of Corpus Chdsti, Texas with funding provided by the Texas Water Development Board as part of the Govemor's Initiative before the draft report is released to the public. (Attachment # 12) K= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 13. Discussion and consideration of the operations of the J. C. Elliott Landfill and the Cefe Valenzuela Landfill after it is constructed and operational. (Attachment # 13) 14. Discussion and consideration of proposed Charter amendments. (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer t~ legend at ~'~e end ot b'3e agenda sum~na,-y) Agenda Regular Council Meeting August24,2004 Page 6 15. 16. Ordinance ordedng a Special Election to be held on November 2, 2004, in the City of Corpus Chdsti on the questions of authorizing obligations of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch eady polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance and declaring that this Ordinance shall be effective immediately upon its adoption by City Council in accordance with provisions of the V.T.C.A., Government Code, Section 1201.028. (Attachment # 15) Ordinance ordering a Special Election to be held on November 2, 2004, in the City of Corpus Chdsti on the questions of establishing a permanent ad valorem tax freeze on residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses; providing for consideration of amendments to the Charter of City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch eady polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance. (Attachment# 16) PUBLIC COMMENT FROM THE AUDIENCE ON MATrERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; ~herefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other Information pertaining to your subject, p/ease present it to the City Secretary.) Si ustad se dlrige a la junta y cree que su ingl~a es limitado, habra un int~rprete ingl~s-eapaftot en la reuniOn de la junta para ayudarle. CITY COUNCIL PRIORITY ISSUES (Refer to lege~d at I~e e~d or agenda summary) Agenda Regular Council Meeting August24,2004 Page 7 M= 17. PER ClTY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.087 for deliberations regarding economic development negotiations, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 18. CITY MANAGER'S REPORT 19. 20. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Re~ ~ Isgend at the e~:l o~ Ihe agenda summary) Agenda Regular Council Meeting August24,2004 Page 8 O= ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Ciys o~]cial bullelJn board at the front entrance to^City Hall, 1201 Leopard Street, at ~'~(~ p.m., US~- ~© ,2004. City Secretary CI'I'Y COUNCIL PRIORITY ISSUES (Refer b~ legend at Ihe end 0f Ihe agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Intemat by Monday morning. Symbols used to highlight action item that Implement council priority Issues. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 24, 2004 10:00 A.M. Public notice is hereby given that the following item is being added to the City Council agenda of August 24, 2004: CONSENT AGENDA Ordinance providing for the issuance of the General Improvement Refunding Bonds, Sedes 2004, of the City of Corpus Chds§, Texas, in an amount not to exceed thirty millh3n dollars ($30,000,000); establishing parameters regarding the sale of the bonds; approving the execution of a bond purchase contract and an escrow agreement; and all other matters related thereto; and providing that this Ordinance shall be in force and effect from and after the date of its passage. POSTING STATEMENT: This supplement agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 4:50 p.m.. August 20 ,2004. Armando Chapa City Secretary CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 17, 2004 - 10:02 a.m. Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Hem-y GarretI Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney May Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Neal and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of July 27, 2004_ A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 3 and the following boardappointments were made: Community Youth Development Program Steering Committee Verla Gene Marino (Reappointed) Lynda Jean Richter (Reappointed) Kimberly Riggans (Reappointed) Ellie Cardona (Reappointed) Estevan Treviflo (Appointed) Napoleon Johnson (Appointed) Corpu~ Christi Convention and Visitors Bureau Board Tom Schmid (Reappointed) Vangie Chapa (Reappointed) Bill Morgan (Reappointed) Sandi McNortun (Reappointed) John Trice (Reappointed) Park and Recreation Advisory Committee Sandra Billish (Reappointed) C_ J. McKinney (Appointed) Rome C-~orio (Reappointed) Carl Suding (Appointed) Davie Cissrm (Reappointed) Minutes - Regular Council Meeting August 17, 2004 - Page 2 Mayor Neal called for consideration of the consent agenda (Items 3-32). City Secretary Chapa announced that Mr. Noyola would be abstaining fi.om thc discussion and vote on Items 26, 27, 28, 29, and 32, and that Mx. Kelly would be abstaining from the discussion and vote on Item 18. Mr. Bill Kopccky, 3609 Topeka, requested that Items 8 and 16 be discussed. Council members requested that Items 25 and 31 be discussed. A motion was made and passed to approve Items 3 through 32, constituting the consent agenda, except for Items 8, 16, 25, and 31, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a_ RESOLUTION NO. 025881 Resolution authorizing the City Manager or his designee to accept an amendment to the grant from the Texas Department of Health authorized m Resolution No. 025447 in the amount of $8,000 for health department security system improvements. The foregoing resolution was passed and approved with the following vote: Neat, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3.b. ORDINAlqCE NO, 025882 Ordinance appropriating a grant in the amount of $8,000 in the No. 1066 Health Grant Fund fi.om the Texas Department of Health for health department security system improvements. An emergency was declared, and the foregoing ordinance was passed and approved with th~ following vote: Neal, Chesney, Colmenero, Cooper, Gas'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.a. RESOLUTION NO. 025883 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $39,716 for HIV prevention services. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4.b. ORDINANCE NO. 025884 Ordinance appropriating a grant in the amount of $39,716 in the No. 1066 Health Grant Fund from the Texas Department of Health for H1V prevention services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cbesney, Colmenero, Cooper, Garrett, Kelly, Kinni~n, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 17, 2004 - Page 3 5.a. RESOLUTION NO. 025885 Resolution authorizing the City Manager or his designee to accept a grant fi.om the Texas Deparm~ant of Health in the amount of $87,000 for breast and cervical cancer eontxol and prevention services. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". 5.b. ORDINANCE NO. 025886 Ordinance appropriating a grant in the amount of $87,000 in the No. 1066 Health Grant Fund fi.om the Texas Department of Health for breast and cervical cancer control and prevention services_ An emergency was declared, and thc foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting "Aye". 6.a_ RESOLUTION NO. 025887 Resolution authorizing the City Manager or his designee to accept a grant fi.om the Texas Deparanent of Health in the amount of $222,333 to fund essential public health services such as disease investigation, laboratory services and environmental health services. The foregoing resolution was passed and approved with the following vote: Neai, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scol~, voting "Aye". 6.b. ORDINANCE NO, 025888 Ordinance appropriating a grant in the amount of $222,333 in the No. 1066 Health Grant Fund fi.om the Texas Department of Health to fund essential public health services such as disease investigation, laboratory services and environmental health services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7 a. RESOLUTION NO. 025889 Resolution authorizing the City Manager or his designee to accept a Title XX grant fi.om the Texas Deparmaent of Health in the amount of $291,750 for family health and family planning services. The foregoing resolution was passed and approved with the following vote: No. al, Chesney, Colmenero, Cooper, Gan'ett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 17, 2004 - Page 4 7.b. ORDINANCE NO. 025890 10. Ordinance appropriating a Title XX grant in the amount of $291,750 in the No. 1066 Health Grant Fund from the Texas Departtnent of Health for family health and family planning services. An emergency was declared, and the foregoing ordinance was passed and approved wi th the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-301 Motion authorizing the City Manager or his designee to execute a conslnmtion eontxact with KJK Construction, of Corpus Christi, Texas in the amount of $142,967 for the Americans with Ihsabilities Act Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Slxeet. The foregoing motion was passed and approved with the following vote: Ne, al, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinaison, Noyola and Scott, voting "Aye". MOTION NO. 2004-302 Motion authorizing the City Manager or his designee to execute a construction contract with Sal-Con, Inc., of Corpus Christi, Texas in the amount of $165,800 for Centxal Library Children's Area Project_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett. Kelly, Kinnison, Noyola and Scott, voting "Aye". 11. MOTION NO. 2004-303 12. Motion authorizing the City Manager or his designee to execute a conslxuction conla'act with DMB Const~'uction, of Corpns Christi, Texas in the amount of $246,587 for the Holly Road Pump Station Structural and Mechanical Improvements Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-304 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Consixuction Company, Inc., of Corpus Christi, Texas in the amount of $184,943.50 for the Baldwin and Villa Relief Line Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gan'eR, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 17, 2004 - Page 5 13.a. MOTION NO. 2004-305 Motion authorizing the City Manager or his designee to execute a construction reimbursement agreement with CHRISTUS Spohn Health System in the amount of $80,400 for sanitary sewer gravity trunk main, sanitary sewer force main and liR station improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnisen, Noyola and Scott, voting "Aye". 13.b. ORDINANCE NO. 025891 Ordinance appropriating $80,400 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay CHRISTUS Spohn Health System for the construction and installation specified in the Sanitary Sewer Tnmk Force Main and Lift Station Conslxuction and Reimbursement Agreement, in the area of Elizabeth Stxeet and Third Street. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scot% voting "Aye". 13_c. ORDINANCE NO, 025892 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with CHRISTUS Spohn Health System for the right to construct, operate, and maintain approximately 50 feet of sanitary sewer force main located in the Eli?aheth Street right-of-way as indicated in the Use Privilege Agreement to serve the CHRISTUS Spohn Shoreline Hospital Pavilion and Critical Care Tower;, in consideration of the deferral of City sanitary sewer main replacement, requiring CHRISTUS Spohn Health System to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret% Kelly, Kinnisen, Noyola and Scott, voting "Aye". 14.a. MOTIONN0. 2004-306 Motion approving an amendment to the SPA 30 Sanitary Gravity Trunk Main Extension, Lift Station, and Force Main Reimbtumement Agreement submatted by Yorktown (3so Joint Venture, to reflect a cost increase of $538,600 for gravity sanitm'y sewer, force main, lift station, appurtenances, embedment costs, and pavement repair. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting UAye". Minutes - Regular Council Meeting August 17, 2004 - Page 6 14.b. ORDINANCE NO. 025893 Ordinance appropriating an additional $538,600 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Yorktown Oso Joint Venture for the construction and installation specified in the Sanitary Sewer Gravity Tnmk Main, Sanitary Sewer Force Main and Lift Station Construction and Reimbursement Agreement, located in the south side of Corpus Christi mainly along Airline Road SWeet right-of-way. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ 15.a. MOTION NO. 2004-307 Motion approving an amendment to the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, owner and developer for Master Plan Lift Station No. Il and Force Main, to reflect a cost increase of $374,600.32 for sanitary sewer, lil~ station, appurtenances, and engineering costs. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret% Kelly, Kinnison, Noyola and Scott, voting "Aye". 15.b. ORDINANCE NO, 025894 17. Ordinance appropriating an additional $374,600.32 in the Sanitary Sewer Tnmk System Trust Fund No. 4220 to pay Hogan Development Company for the constxuction and installation specified in the Sanitary Sewer Trunk, Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement, for the service areas east of Rodd Field Road and south of Holly Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: lqeal, Chesney, Colmenero, Cooper, Garret% Kelly, Kinrfison, Noyola and Scott, voting "Aye"_ MOTION NO, 2004-309 Motion authorizing the City Manager or his designee to execute a construction contract with R. M. Wright Construction Company, of El Paso, Texas in the amount of $1,549,824 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Oarret~ Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 17, 2004 - Page 7 18. MOTION NO, 2004-310 Motion authorizing the City Manager or his designee to execute a Third Amendment to the Pre-Opening Services and Management Agreement for the Corpus Christi Multi-Purpose Arena between the City of Corpus Christi and SMG to include American Bank, N.A. as naming rights sponsor for the Multi-Purpose Arena and Convention Center as an additional named insured on various insurance policies. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, KJunison, Noyola and Scott, voting "Aye"; Kelly abstained. 19.a. MOTION NO. 2004-311 Motion authorizing the City Manager or his designee to execute a Memorandum of Understanding between Del Mar College District and the City of Corpus Christi to agree to enter into an Interlocal Agreement in the amount of $165,445 to provide professional services to facilitate economic development by providing technical assistance to private, for profit businesses who are creating or retaining jobs in Corpus Christi_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19.b. FIRST READING ORDINANCE 20. Deleting Division 12, Business Resource Center Steering Committee fi.om Chapter 2 of the Code of Ordinances; amending Chapter 2 of the Code of Ordinances to establish the Small Business Advisory Committee_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". MOTION NO. 2004-312 Motion authorizing the City Manager to make the annual contribution of $65,000 to continue the City's active participation in and support for the mission and activities of the South Texas Military Facilities Task Force. The foregoing motion was passed and approved with the following vote: Ne. al, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnisun, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 17, 2004 - Page 8 21. MOTION NO, 2004-313 Motion authorizing the City Manager or his designee to execute a contract with Corpus Christi Disposal Services, Inc. (CC Disposal), of Corpus Christi, Texas guaranteeing the annual delivery of specific tonnage of acceptable waste to the J. C. Elliott Landfill for a specified fee ($19.50 per ton, plus any mandated Federal or State Fees), for a period not to exceed the life of the J. C. Elliott Landfill. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting '~Aye". 22. MOTION NO, 2004-314 23. 24. Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc., of Redlands, California in an amount not to exceed $40,168.15 for the ESRI suite of products used by the City's Geographic Information System The foregoing motion was passed and approved with the following vote: Neal, Chesney, Co[menero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO_ 2004-315 Motion authorizing the City Manager or his designee t~ approve a Professional Services Work Order with Kronos, lac., of Chelmsford, Massachusetts in the amount of $91,975 plus travel and per diem not to exceed $15,000, to provide the City with an upgrade to Kronos version 5 including first year soft:ware and hardware maintenance based on sole source. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-316 Motion authorizing the City Manager or his designee to execute a twelve-month software maintenance agreement with Tiburon, Inc., of Fremont, California in an amount not t~ exceed $91,574. Included in the maintenance ag~'eement are the Tiburon modules for Records Management, Computer Aided Dispateh, Mobile Data, Automated Vehicle Locater and Video Imaging. The foregoing motion was passed and approved with the following vote: Ne. al, Ches~ey, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 17, 2004 - Page 9 26. ORDINANCE NO. 025895 27. 28. Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the Lease Agreeanent between the Geneaal Services Adminisa'ation (GSA), acting for the Transportation Security Adminis~'ation (TSA), and the City of Corpus Christi by extending the lease term for eleven (11) months through September 30, 2004, at the same rental rate and square footage. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesncy, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. ORDINANCE NO. 025896 Ordinance appropriating $97,354.75 in the Airport Capital Reserve Fund No. 4611; transfcm-ing and appropriating $97,354.75 into the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for engineering sea-vices for airport improvements; amending FY 20(14-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $97,354.75. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. ORDINANCE NO, 025897 Ordinance appropriating $109,691 from the Federal Aviation Adminis~ation Grant No. 32 in the No. 3020 Airport Capital Improvement Fund for Construction Tus minal Apron, Phase II; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $109,691. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. 29. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a long term lease expiring September 30, 2016 with the Federal Aviation Administration for an Airport Surveillance Radar Facility Site at Evelyn Price Park located in the City of Corpus Christi. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Ne. al, Cheaney, Colmenero, Cooper, Garreth Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting August 17, 2004 - Page 10 30.a. ORDINANCE NO, 025898 Ordinance abandoning and vacating a 5,075-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Pla?a; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting "Aye" 30.b_ ORDINANCE NO. 025899 Ordinance abandoning and vacating a 6,710.2-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 30.c. ORDINANCE NO_ 025900 Ordinance abandoning and vacating an 871.2-square foot portion of a 10-foot wide utility easement m Lot 4, Block 1, Moore Pla?a; requiring the owner, Wal-Mart Stores, Inc., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 32_ ORDINANCE NO, 025901 Authorizing the City Manager or his designee to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet Airlines, Inc., and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term expiring July 3 l, 2008. (First Reading 7/20/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Mayor Neal opened discussion on Item 8 regarding an amendment to a professional services contract for the Laguna Madm Service Area Collection System Rehabilitation Mr. Bill Kopecky, 3609 Topeka, spoke regarding Items 8 and 16, both pertaining to amendments to contxacts. Mr. Kopecky stated that the city should obtain an estimated total price before signing the contracts, Minutes - Regular Council Meeting August 17,2004- Page 11 rather than amendments. City Engineer Escobar replied that the two contracts in Items 8 and 16 were phased conttacts for infiltration and inflow (I & I) work. He said Phase I was for the preliminary work to identify the repairs, and Phase 2 was for the actual preparation of the plans and design so the consm~ction work could be put out for bids. He stated that beth of the amendments in these items were needed to proceed to Phase 2. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO.2004-300 Motion authorizing the City Manager or his designee t~ execute Amendment No. 3 to the Contract for Professional Services with Goldston Engineering, hue., of Corpus Christi, Texas m the amount of $473,097 for a total restated fee of $1,197,967 for the Laguna Madre Service Area Collection System Rehabilitation. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garre~ Kelly, Kinnison, Noyola and Scott, voting "Aye". 16. MOTION NO. 2004-308 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount of $1,089.833.65 for a total restated fee of $2,303,534.05 for the Inflow/Infiltration Area Collection System Rehabilitation Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, GarretX, Kelly, Kirmison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 25 regarding the Automated Meter Reading/Wireless Broadband Network (WiFi) pilot project. Mr. Kmnison noted that this project would involve long- term costs, approximately $16 million over thee years. He asked how this project was being budgeted. Director of Municipal Information Services Ogilvie Gericke replied that the costs would be part of the capital improvement program_ Mr. Kinnison asked if the costs were included in the current rate models. Assistant City Manager Mark McDaniel replied that the costs were included in the rate models for the capital budget, but may need to be modified depending on the success of the pilot project. Mr. Kinnison asked staff to provide him with information on the operational efficiencies gained fi.om the AMR/WiFi project Finally, he asked for information on how the project would impact utility rates if the city maintained the accelerated implementation effort the Council had requested. Mr. McDaniel replied that staff would be presenting information to the Audit Committee at a later date. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting August 17, 2004 - Page 12 25. MOTION NO, 2004-317 Motion authorizing the City Manager or his designee to enter into a contract not to exceed $597,248 with Northrop Grumman Commemial Information Services, Inc., of Herndon, Virginia to provide and implement an Automated Meter Reading (AMR) Solution with all components as part of the Automated Meter Reading/Wireless Broadband Network (WiFi) Pilot project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Coope'r, Garrett, Kelly, Kinnison, Noyola and SeotZ, voting "Aye". Mayor Neal opened discussion on Item 31 regarding the health department's restaurant rating system. Mr. Kinnison asked how the public could access the restaurant ratings. Assistant Director of Health Annette Rodriguez replied that the ratings would be on the city's website for easy access. She also said the health department would be initiating a public information campaign to promote the rating system. City Secrehu-y Chapa polled the Council for their votes as follows: 31_ FIRST READING ORDINANCE Amending Section 19-1 of the Code of Ordinance relating to definitions; enacting Subsections 19-3.1, 19-3.2, 19-3_3, 19-3.4, and 19-3.5 to establisharestaurantrating system; providing for penalties; providing an effective date of September 1, 2004. An emorgeney wa~ d~cl~ed, and th~ foregoing ordinance was passed and approve~wi~'th the following vote: Neal, Chesney, Colmenero, Cooper, Garre~ Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 33, and a motion was made, seconded and passed to open the public hearing on the proposed ad valorem tax revenue increase. City Manager Noe stated the Council had preliminarily adopted a tax rate of $0.634175 per $I00 valuation, a greater than three percent increase of the effective tax rate. Subsequently, a public hearing was required by statute. He noted that this rate was a one-cent decrease fi:om the city's current rate. Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, and Mr. Bill Kopeck'y, 3609 Topeka, spoke against the proposed tax rate because he felt the rate should be one or two cents lower than the proposed fee, since the city's proposed fee increases and inflation rates made the one cent decrease meaningless. Mr. Scott made a motion to close the public hearing, seconded by Ms_ Cooper, and passed_ Mayor Neal announced that during the August 31, 2004 Council meeting beginning at 10:1210 a.m. at City Hall, the City Council would vote on the proposed tax rate. Mayor Neal referred to Item 35, and a motion was made, seconded, and passed to open the Minutes - Regular Council Meeting August 17, 2004 -Page 12 25. MOTION NO. 2004-317 Motion authorizing the City Manager or his designee to enter into a contract not to exceed $597.248 with Northrop Grumman Commercial Information Services, Inc., of Hemdon, Virginia to provide and implement an Automated Meter Reading (AMR) Solution with all components as part of the Automated Meter Reading/Wireless Broadband Network (WiFi) Pilot project. The foregoing motion was passed and approved with the following vote: Neal, Chcsney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 31 regarding the health department's restaurant rating system. Mr. Kinnison asked how the public could access the restaurant ratings. Assistant Dfl'ector of Health Annette Rodriguez replied that the ratings would be on the city's website for easy access. She also said the health depashnent would be initiating a public information campaign to promote the rating system. City Secretary Chapa polled the Council for their votes as follows: 3 l. FIRST READIiNG ORDINANCE Amending Section 19-1 of the Code of Ordinance relating to definitions; enacting Subsections 19-3.1, 19-3.2, 19-3.3, 19-3.4, and 19-3.5 to establisham.staurant rating system; providing for penalties; providing an effective date of September 1, 2004. The foregoing ordinance was passed and approved on its flint reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett. Kelly, Kinnison, Noyola and Scott, voting Mayor Neal referred to Item 33, and a motion was made, seconded and passed to open the public hearing on the proposed ad valorem tax revenue increase. City Manager Noo stated the Council had preliminarily adopted a tax rate of $0.634175 per $100 valuation, a greater than three percent increase of the effective tax rate. Subsequently, a public hearing was required by statute. He noted that this rate was a one-cent decrease fxom the city's current rate. Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, and Mr. Bill Kopecky, 3609 Topeka, spoke against the proposed tax rate because he felt the rate should be one or two cents lower than the proposed fee, since the city's proposed fee increases and inflation rates made the one cent decrease meaningless. Mr. Scott made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mayor Neal announced that during the August 31, 2004 Council meeting beginning at 10:00 a.m. at City Hall, the City Council would vote on the proposed tax rate. Mayor Neal referred to Item 35, and a motion was made, seconded, and passed to open the Minutes - Regular Council Meeting August 17, 2004 - Page 13 public hearing on the following zoning case: Case No, 0604-05. Magellan Terminal Holdings, L.P.: A change of zoning from a "B-3' Business District on Tract I and "I-2' Light Industrial District on Tract 2 to an "I-3" Heavy Industrial District. The property is 78.38 acres out of the Webb Tract, LoB 7, 8, 9, 21, and 22, located west of Buddy Lawrence Drive and Poth Lane and north of Interstate Highway 37 and Tribble Stxeet. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "I-3" Heavy Industrial District. No one appeared in opposition to the zoning change. Mr. Gan-ett made a motion to close the public heating, seconded by Ms. Cooper, and passed. In response to Mr. Kelly's question, Assistant Director of Development Services Michael Gunning said that the purpose of the applicant's request was to bring the existing legal non- conforming above ground fuel tanks into conformity and at to allow for the placement of three (3) additional pelxoleum storage tanks. Mr. Kelly asked if there were any residences on the east side of the property. Mr. Gunning replied that there were a number of residences in that area, and the long-range plans called for the property to eventually transition to industrial uses. Mr. Chapapolled the Council for their votes as follows: 35. ORDINANCE NO, 025903 Amending the Zoning Ordinance upon application by Magellan Terminal Holdings, L.P. by changing the zoning map in reference to Webb Tract, being 78.38 acres out of Lots 7, 8, 9, 21, and 22, from "B-3~ Business District - Tract 1 and "I-2" Light Industrial District - Tract 2 to "I-3" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 36, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0604--07, Valero Refining - Texas L.P,: A change of zoning fi.om a "B-4~ General Business District to an "1-3" Heavy Industrial District. The property is a 0.38 acre out of the Kaler Addition, Share 2A, west ~A of Lot 6, located 140 feet north of Up River Roa~l and east of Kaler Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "I-3" Heavy Industrial District. No one spoke in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for Minutes - Regular Council Meeting Augmt 17, 2004 - Page 14 their votes as follows: 36. ORDINANCE NO, 025904 Amending the Zoning Ordinance upon application by Valero Refining - Texas L.P. by changing the zoning map in reference to Kaler Addition, being 0.38 acre out of Share 2A, west ~ of Lot 6, fi.om "B-4" General Business DisUict to "I-3" Heavy Industxial Dislrict; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesuey, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 38 regarding the permanent ad valorem tax fl-eeze proposition for the November 2, 2004 election. City Attorney Mary Kay Fischer slated that the guidelines established in the election and case law give the election authority the discretion to select the form and the langnmge on the ballot. Ms. Fischer said that case law states that the ballot wording is sufficient if it identifies the measure and it shows its character and propose. It further states that the measure should be described in such language to constitute a fair portrayal of its chief features in words of plain meaning so that it can be understood by persons entitled to vote. Thus, Ms. Fischer said the Council had the discretion to establish the wording on the ballot, but must give the voters fair notice of the character and purpose of the proposition_ Ms. Fischer then distributed a sample of the proposed ballot language excerpted fi.om the constitutional provision for the Council's consideration. She noted that the guideline had been reviewed by the election division of the Secretary of State's office, and they had no objection. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, said the Taxpayers Association also did not object to the proposed wording. Mr. Scott made a motion to accept the proposed wording for the permanent ad valorem tax fi.eeze proposition for the November 2, 2004 election as presented by City Attorney Fischer, seconded by Mr. Chesney, and passed. Mr. Kinnison stated that he would like to obtain a legal opinion on whether the Council had the ability, between now and November, to increase the homestead exemptions to all taxpayers, most likely phased in over a several year period. He also asked that if the Council was able to pass such a measure, then could the Council revoke the said measure if the tax fi.eeze proposition passe& Mayor Neal opened discussion on Item 39 regarding a strategic action plan t~ address homelessnesa in the city. Acting Director of Neighborhood Services Jonathan Wagner presented the seven-year plan to the Council, noting that the city would be working closely with the Homeless Issues Partnership O-lIP) to implement certain aspects of the plan. Mayor Nenl commented that the Homeless Issues Parmetahip had raised concern over the Minutes - Regular Council Meeting August 17, 2004- Page 15 city's consistent lack of meeting the federal requirements for assistance in funding. They brought their concerns to him and the city manager, and in large part, this spurred the city to action. Thus, the Mayor said he supported the concept, but he was concerned that the plan might create another level of bureaucracy with its associated costs. City Manager Noe replied that the plan was envisioned as a collaborative effort, structured so the city could support the efforts of existing agencies and help them secure additional resources. He stated that the city did not want to become directly involved in the provision of services. Compared with other cities in the state, Mr. Noe remarked that it has become apparent that the city has not secured a comparable level of federal grants for bomelessness initiatives or interagency funding, primarily due to the lack of a strategic plan. Thus, he said adopting the plan would widen the city's eligibility for funding. Mayor Neal asked iftbe city would have any oversight over the condition of the homeless shelters in the community, saying that he had received an e-mail stating that the shelters were in poor condition_ Mr. Wagner replied affirmatively, saying that the city could ensure that the shelters adhere to basic standards of cleanliness and safety. City Manager Noe pointed out that the plan would have a policy impact on the city's affordable housing initiative, and on the CDBG process if the city chose to use CDBG dollars to fund organizations that would further the plan. Mayor Neal and Mr. Scott asked staff to provide regular progress reports on the plan's implementation. Mayor Neal also asked staffto provide a copy of the plan to Ms. Sally Shipman, the southwest regional coordinator for the U.S. lnterageney Council on Homelessness, who had offered to help the city obtain additional federal funding once a plan was in place. Mr. Kelly asked that staff also provide a copy of the plan to the Corpus Christi Business and Job Development Corporation (4A Board) that is overseeing one of the city's affordable housing initiatives. He wanted the board to better understand the challenge the city faced in addressing affordable housing issues for the working poor, a large segment of the city's population, and encourage them to be open to solutions that would reach this population. Mr. Noyola agreed with Mr. Kelly. There were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes as follows: 39. MOTION NO, 2004-318 Motion adopting the Homeless Plan on Ending Chronic Homelessness in Corpus Christi, a seven-year strategic action plan which is part of the City's Community Planning and Development Programs. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Cooper were absent. Mayor Neal opened discussion on Item 40 regarding the American Dream Down Payment Initiative, a new federal program designed to increase home ownership for low-income, first-time home buyers. Assistant City Manager Margie Rose stated that the new program would allocate $166,018 in funding, which staff would use to provide $5,000 per family in down payment assist. She said the funds would be allocated according to HUD's fiscal year which would Minutes - Regular Council Meeting August 17, 2004 - Page 16 require that funds be split over two city f~scal years, with $76,154 allocated in FY 2003-04 and $89,864 in FY 2004-05. Ms. Rose cautioned that although staffwas uncertain whether this funding would be renewed, it was definitely a "good news" item. Mr. Noyola spoke in support of the new program. There were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes as follows: 40.a. MOTION NO_ 2004-319 Motion to amend the FY 2003 and FY 2004 Consolidated Annual Action Plan to add and implement the American Dream Downpayment Initiative (ADDI) by increasing HOME Program funds by $76,154 and $ 89,864, respectively for the homebuyer assistance program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 40.b_ ORDINANCE NO, 025905 Ordinance appropriating a grant of $166,018 fi.om the United States Deparm~ent of Housing and Urban Development in the Community Development Block Grant No. 1059 for the FY 2003 and FY 2004 Home Investment Partnership (HOME) Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Ncal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 41 regarding the proposed vacant building ordinance. Assistant City Manager Margie Rose stated that staffhad presented the proposed ordinance to the Council approximately two months ago, and after considerable discussion, the Council had asked staff to refine the ordinance further_ In addition, the Council asked staff to meet with several organizations, including the Downtown Management District, the Boaxd of Realtors, and the Building Owners and Managers Association, to provide opportunities to obtain their input. Out of this meeting, Ms. Rose reported that it became clear that the organizations wanted the city to emphasize enforcement rather than building regisWation and plans. As a compromise measure, she said staff agreed to modify the ordinance in several ways. Ms. Rose then discussed the modifications to the ordinance individually. First, in order to strengthen the city's enforcement efforts, she said staff added Section 13-3005, Notice of Vacant Building, to the ordinance. She said it gave the code enforcement adminislrator or officer the power to detemdne whether a building should be classified as a vacant building. Second, the building owner was not required to submit a plan and a timetable for the building, instead making this optional. Third, she said the ordinance was written to place strong emphasis on abating the property. Fourth, staffreluctantly eliminated the $360 registration fee. Fifth, she staffeliminated the section delinea/ing the exceptions and exemptions fi.om the ordinance because the organiT~tions found them too confusing. Minutes - Regular Council Meeting August 17, 2004 -Page 17 Ms. Rose stated that staffwas recommending that the Council adopt the proposed ordinance on its first reading, but noted that one area still needed additional work b~fore final adoption on second reading. Staff felt that Section 13-3009, Standards for Boarding a Vacant Building, needed to be more specific on the boarding up process. She anticipated that the outstanding issues regarding this section would be resolved soon, but staffdid not want to postpone the adoption of the ordinance any longer. She emphasized, however, that other than Section 13-3009, the organizations and staff had reached an accord on the proposed ordinance. Mr. Chesney thanked staff for their efforts in reaching an accord with the organizations involved, and he thanked the organizations for their input. Ms. Cooper was pleased with the proposed ordinance, especially because the requirement that the building owner provide a building plan and timetable was eliminated. She said the ordinance was much improved since staffs last presentation, and she supported it. Mr_ Colmenero asked when the second reading of the ordinance would be scheduled. Ms. Rose answered that staffwas anticipating that it would take two weeks before this section could be retooled and then presented to the organizations for their review. Thus, she anticipated that the second reading ordinance would probably be scheduled for the August 31 council meeting. There were no comments bom the audience. City Secretary Chapa polled the Council for their votes as follows: 41_ FIRST READING ORDINANCE Amending Chapter 13, Code of Ordinances, by adding a new Article 1~ relating to vacant buildings; providing for penalties. (Tabled 07/27/04) The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garretg Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to the presentation on the day's agenda regarding the Neighborhood Initiative Program (NIP)_ Ms. Yvonne Haag, NIP Project Manager, fLr~t provided a progress report on the FY 2003-2004 NIP. Ms_ Haag said the goals of the NIP program were first, to enhance the quality of life for the residents in five selected areas throughout the city through the delivery of concentrated services and programs provided by the City of Corpus Christ/. Second, the NIP was designed to work in partnership with the neighborhood residents to raise awareness of the cede and zoning ordinances, provide information on accessing city services, and promote clean and safe neighborhoods. Ms. Haag then provided brief background information on the program. She said the Mayor and Council had designated "neighborhood clean-up and improvement" as a top priority. A pilot NIP project in the Cunningham and Chula Vista neighborhood was established in April 2003. Finally, the project was included in the FY 2003-2004 budget under the Livable Neighborhoods Minutes - Regular Council Meeting August 17, 2004 - Page 18 projecL Ms. Haag reviewed an organizational chart of the livable neighborhoods project, comprised of three elements: the Neighborhood Initiative Program (NIP), the Neighborhood Operation Clean- Up, and the Environmental Court_ She said the NIP initiated the process by providing the heavy clean-up effort needed to bring the neighborhood up to standard. The Neighborhood Operation Clean-Up provided intensive enforcement education efforts to the areas, also performed quick clean- ups with the Hot Shot team. Finally, the Environmental Court supported the additional code enforcement efforts. Ms. Haag covered the various funding sources used to fund the project. CDBG funds were used to pay for the I code enforcement office, 1 part-time admmislrative staffperson, office supplies and equipment, and lot mowing, for a total of $279,537. The general fund paid for the demolition and hot shot crew for a total of $600,000. Finally, she said a portion of the Municipal Solid Waste Services service charge (MSWSSC) revenues also funded the program. She stated that the total NIP program total was $879,000_ Ms. Haag delineated the five areas selected for the progmrn in FY 2003-2004 as follows: Staples/Crosstown/AguerdlVlorgan November 11 to December 15, 2003; Agnes/IH- 37/Crosstown/Port- January 14, 2003 to February 18, 2004; Wiiliams/EverharffHolly/Staples- February 23 to March 29, 2004; Whitaker/McArdle/R.ickey/Whitaker - May 3 to June 7, 2004; and Flour BluffDrive/Jester/NAS property line/Greenbay/Matloclrd Stone/SPID - June 7 to July 20, 2004. Ms. Haag stated that several city departments worked together to address each neighborhood's specific concerns. The city resources action team was comprised of the following depmhnents: NIP staff; engineering; environmental programs; fire; health/animal conta-ol; neighborhood services/code enforcement; police; parks and recreation; solid waste; street; and storm Water_ Ms. Haag reported that the city resources action created an action plan for each of the selected areas, tailored to its specific needs. The first part of the action plan, the assesment, was comprised of two part~, the pre-assessment, performed by the each department to identify departmental issues in the proposed neighborhood, and a neighborhood meeting, which allowed residents to identify theft issues and concerns. The second part was the clean-up, a concentrated effort of a three to four week duration. The city's action team developed a customized action plan to address the specific needs of the neighborhood. A neighborhood outreach center is established during this phase as well. The third part was the special activities scheduled for the weekends, including events such as fire house demonsmations, rabies clinics, a police-auto theft task force, and Paint with Pride. Finally, the fourth part of the action plan was the progress assessment, comprised of a post- assessment and evaluation. Ms. Haag said a progress report and celebration meeting were scheduled in each neighborhood to obtain resident feedback, establish city contacts, and empower residents with the knowledge and resources for continued hnprovements. Minutes - Regular Council Meeting August 17, 2004 - Page 19 Ms. Haag then asked a representative fi.om each eonlxibuting deparUnent to provide a progress report on their accomplishments for the FY 2003-2004 NIP. Captain John Houston reported on the police department's efforts, saying they were a combination of uniform division, specialized units, and narcotics and vice division, and directed patrol efforts. The effort was primarily designed to enhance the police presence in the area, perform traffic control, address gang- related issues, and establish Neighbors on Watch programs. Mr. Jonathan Wagner, acting director of the neighborhood services/code enforcement depaxhnent, reported on his department's achievements_ These efforts were focused on clearing and mowing lots, boarding up abandoned structures, and issuing abandoned/junk vehicle notices. Mr. JeffKaplan, director of solid waste and sue. et services, provided the following statistics on solid waste collections during the program: Site I - 97.37 tons; Site 11 - 155.5 tons; Site llI - 209.59 tons; Site IV - 113.89 tons; and Site V - 124.22 tons. The total solid waste collections for the FY 2003-04 NIP program was 700.57 tons. Regarding street services, he said their efforts focused on repairing pot holes, leveling up streets, addressing base failures, applying seal coats, and replacing street signs. Mr. Angel Escobar, city engineer, reported on the engineering services contributions to the NIP prognun in the areas of removing ~xaffic vision obstructions, replacing or enhancing street lights, replacing traffic signs, and installing speed humps. Ms_ Haag reported on the accomplishments of the health/animal control division, fire, park and recreation, storm water, and environmental services departments. The animal control division caught 95 dogs, issued 28 citatmns, hosted four mini-animal clinics, and vaccinated 284 animals. The fire department held fire safety classes for 403 people, distributed 110 smoke detectors, and serviced 108 fire hydrants. The park and recreation deparUnent coordinated the five Ixee and hibiscus planting ceremonies. The storm water department cleaned 630 inlets, removed 48.9 tons of debris, mowed 48.9 feet of storm ditches, and flushed 90 driveways and culverts. Finally, the environmental services division was quite supportive of the program, and would become especially important in the Neighborhood Pride Program. Ms. Haag then discussed the second phase of the livable communities program, the Neighborhood Pride Program, which was the sustainability effort for the NIP. She commented that the Neighborhood Pride Program was adopting the Make It Sparkle program logo in an effort to promote that program in the neighborhoods. The purpose of the Neighborhood Pride Program was to encourage, educate, and empower the residents of the NIP areas to maintain and continuously improve their neighborhoods. Ms_ Haag reviewed the Neighborhood Pride Program meeting schedule as follows: August 16 - Pilot Project - Cunningham Middle School; August 19 - Site I - Victory for Life Fellowship, 14~ Street; August 23 - Site II - Ben C. mrza Gym, 1815 Howard; August 30 - Site Ill - Gardendale Church, 5633 S. Staples; September 15 - Site IV - Oso Recreation Center, 111 Bernice; and TBA - Site V - Flour Bluff. Ms. I-Iaag provided a brief overview of the pride program. She said the program was comprised of a pride team including representatives from city departments and commuIliDJ social Minutes - Regular Council Meeting August 17, 2004 - Page 20 service agencies. The team would conduct a series of meetings over a 12 to 18 month period to help the neighborhoods set goals to address the long-term issues facing them. She said the Neighbors on Watch program was considered the best vehicle the neighborhoods could use to meet and communicate. Ms. Haag then announced the five recommended neighborhood sites for the FY 2004-2005 program. She prefaced the announcement by quickly reviewing the site selection process. A selection committee was established, comprised of the ACM for development services, the NIP project manager, the director of neighborhood services and code enforcement adminism~tion, chief of police and cap;ain in charge of directed patrol officers, and the director of solid waste services. She said the selection team established the following set of criteria for site selection: high incidence of crime and resident calls; history of code enforcement infi'actions; solid waste/debris issues; and aging infi'astructure (st~eets/lighting/signage). Site 1 was the Agnes/Port Ave/Highland/Baldwin area on the west side of town, which would be begin on September 13 through October 7, 2004. Site 2 was the Greenbay/Matlock/Stone / SPID/NAS Drive/NAS-CC property line in Flour Bluff, scheduled for October 25 through November 15, 2004. Site 3 was the Home/Molina/West Point/Columbia area on the west side, scheduled for January 10 through February 3, 2005. Site 4 was the Baldwin/Greenwood/Home/ Crosstown Access Hwy 286/S. Port area, also on the west side, which was scheduled for February 10 through March 7, 2005. Finally, Site 5 was the 1I-I-37 (Martin Luther King)/N. Pork W. Broadway area on the north side of town, scheduled for April 22 through May 2, 2005. Ms. Haag concluded her presentation by thanking the N[P's COmml.urity partners, including the City Manager's Career Development Class 2004, H-E-B, Home Depot, Gardendale Baptist Church, Pepsi Cola, and Jason's Deli_ Mr. Noyola thanked Ms_ Haag and city staff for their efforts, and he spoke in support oftbe program_ Mr. Scott thanked all parties involved for their efforts. He recognized Mr. Kelly for his efforts to initiate the program in the city. Mr. Colmenero also spoke in support of the program, noting the importance of the s~stainability program. Mr_ Kelly thanked the direct patrol officers for their contribution to the genesis of the NIP program. He commented that the city has come a long way in coordinating municipal resources to focus on the neighborhoods. He observed that the FY 2004-05 sites were slightly larger than last year's areas. Finally, he thanked all parties involved for their efforts. Mr. Kinnison thanked everyone involved for their efforts, and he especially recognized the importance of the sustainability effort_ Mayor Neal asked City Manager Nee to submit the NIP program for consideration by the Texas Municipal League, Conference of Mayors, and/or the National League of Cities for a programmatic award_ Minutes - Regular Council Meeting August 17, 2004 - Page 21 Mayor Neal called for a brief recess to present proclamations. The Council returned fi.om recess, and Mayor Neal called for petitions fi.om the audience. Mr. Michael Sabala, 6118 Killarmet, spoke regarding his concerns about the contract negotiations between the city and the firefighters association. Mr. Danny Noyola Jr_, 4410 Acushnet, spoke in support of placing all the proposed recommended charter amendments on the November ballot, especially the November uniform election date and allowing city employees to be involved in the political process. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the NUPAC board. Ms. Sherry Dunlap, P.O. Box 9093, spoke regarding her concerns about the implementation of the Animal Control Action Plan, specifically the elimination of the education specialist and Saturday operating hours. Mr. Jed Beyer, 421 Parade, asked the Council to support Corpus Christi Reads, a city-wide reading program. Ms. Maria Gonzales, 1813 Amazon, requested that the Council consider creating a special unit to investigate internal city crimes. Mayor Neal opened discussion on Item 37 regarding the bond propositions for the November 2, 2004 election. City Manager Noe stated that the Council should have received a memo outlining the comments received fi.om the public, city boards, and business associations during a series of bond proposal meetings held during the past two and a half weeks. Mayor Neat asked Mr. JeffLeuschel with McCall Parkhurst & Horton L.L.P., bond counsel, to briefly summarize a memo he had sent the city manager recently regarding how projects within a bond proposition may be presented to the citizens of Corpus Christi for consideration. Under Texas law, bond propositions are held to the "singleness of purpose" doctrine, which holds that a bond proposition must be limited to a single type of project. The doctrine was developed so as to prevent political subdivisions fi'om preparing bond propositions in a manner that would compel a voter to approve one distinct type of project (e.g. a city office building) that they might not otherwise approve by combining it with another distinct type of project (e.g. street improvements). Mr. Leuschel said at a recent council meeting, he observed a dialogue regarding a proposed Shoreline Drive (Bayfi.ont Master Plan) project which would involve street improvements, a park, and other distinct elements. He stated that a Shoreline Drive project containing several distinct elements would qualify as a project that could be presented to the voters in one proposition, since the elements are physically related to one another. According to the "singleness ofpurpose"doctrine, the "purpose" is a unified set of public improvements physically related to one another. Mr. Lenschel stated that he had confirmed this information with the Office of the Attorney General. Combining a street project in one part of the city with a parks project in another part of the city, however, would not constitute "singleness of purpose" becanse they were disparate projects not physically related tu one another_ When preparing the bond proposition, Mr. Leuschel said the city had a degree of latitude for the wording. The city could choose, for example, to list specific streets on the ballot, or simply state that the preposition was for street improvements throughout the city, with no further details. He said either type of wording would be acceptable to the Attorney General's Office. Minutes - Regular Council Meeting August 17, 2004 - Page 22 Mr. Leuschel reported that the city could provide reformation regarding the propositions, but there were legal consequences to the method chosen. If information was formally approved by the City Council, the language would be deemed to become part of the proposition's "conttact" with the voters, and if approved, would contractually bind the city to issue the authorized bonds without a tax increase. If the information was prepared by city staff and not approved by the City Council, then the information would not be considered part of the contract with voters. Mr. Leuschel also discussed the concept of a "no tax increase"proposition in light of the singleness of purpose doctrine with the Attorney General's Offce_ A "no mx increase" proposition containing stteet projects, library projects, and parks projects, for example, would violate the singleness of purpose doctrine because the doctrine was applied to the types of facilities as opposed to the economic consequence. City Engineer Escobar then reported on the Bond 2004 proposed package options (see Attachment A included as part of these minutes). He stated that during the last discussion, the Council had requested additional information on a number of items. First, regarding the police/fire tralmng facility (Item 28), he said staff spoke with Flint Hills to see if the city could obtain an extension on the option to buy, and they have agreed to extend the option to 2008 for an additional $100,000. Second, the Council asked what work could be done on the Bayfi'ont Development Phase 1 Streets project (Item 22) for as Iow as $2.4 million and as high as $4.4 million. City Engineer Escobar displayed a chart delineating the options in those price ranges_ Third, City Engineer Escobar said that the Council asked staffto look into the possibility of using military funding for the NAS Acuz Road realignment project (Item 25). He asked Assistant City Manager Mark McDaniel to comment_ Mr. McDaniel reported that he spoke with the Governor's Office about the status of a military preparedness fund application the city had submitted to fund three projects offthe proposed project list He said the Govemoi~s Office reported that the application was still under review, and a final decision would be made on Thursday. He said, however, that the Governor's Office staffhad indicated that it was a good application and had a good chance of being approved, but there was no confirmation at this point_ Mr. McDaniel reported that there were two funding sources the city could potentially use, the traditional loan program and a three percent loan program_ He said the North Port Avenue project, Waldron Road project, and the NAS Acuz realignment project as potential candidates for the military funding, totaling approximately $3.5 million_ City Manager Noe emphasized that these alternate funding sources were financing options that would require repayment of the notes, so they would not necess~ly add to the Councirs ability to incur debt. Mr. Noyola stated that he preferred to separate the B ayfi'ont Development Plan project fi-om the rest of the bond projects_ A discussion ensued whether the ballot language would specifically state that if the voters approved a certain proposition, it would not lead to a tax increase. Mr. Leuschel stated that the Council could choose to have staffdisWibute information on which propositions may likely lead to a tax increase, but not include it in the ballot lang~a~oe. City Manager Noe added that he understood the Council was leaning toward this option. Mr. Scott emphasized that the Waldron Road improvement project was badly needed, Minutes - Regular Council Meeting August 17, 2004 - Page 23 especially in fxont of Flour BluffHigh School. He said the project was included in some of the proposed packages, but not all. He asked how the Council should proceed with the project if they were uncertain about the possibility of state funding, yet needed to make a decision on the packages today. Mr. McDaniel replied that if some of the projects included in the bond package were not on a tight timeline, such as the NAS ACUZ project, the project could be delayed and loan proceeds could be used to complete them. Mayor Neal stated that if the Bayfront Development Plan street improvements were removed from the street proposition and then included in a Bayfi~ont Development Plan proposition, the Waldron Road project could be included in all of the proposed packages_ Mr. Noe added that if the Waldron Road project was included in the bond package, it would be completed more expeditiously because the bond program had to meet a certain schedule. Mayor Neal asked for public cormnent_ The following individuals asked the Council to consider increasing the funding to the North Beach Area Improvements project and make the project a higher priority: Ms. Gloria Hicks, 5226 Greenbriar; Mr_ Rocco Montesano, 2101 Riata; and Mr. Tom Schmid, 319 Longport. Mr. Chesney stated that he would like to see the Bayfi'ont Development Plan project placed on the ballot as a separate proposition. He expressed concern that "no tax" increase options and the numerous bond propositions would be confusing to the voters_ Mr. Leuschel said there was a certain risk that the votem might be confused, but to address this issue, the city could make information available to educate the public. In response to Mr. Kelly's question, City Manager Noe stated that the public would be informed that if the voters approved a $70 million bond issue, it would probably not result in a tax increase. There would not be a "no tax increase" proposition In response to Mr. Scott's question, City Manager Noe said the Traffic Congestion Management project (Item 13) allocation could be reduced without a major impact. The project included a list of intersections which needed mitigation for congestion, but the list could be altered to meet the funding level. This funding could perhaps be used for the North Beach Project improvements or another project. Mayor Neal interjected that the Padre Island Overlay Dislrict item was scheduled for consideration at 1:30 p.m., so the Council needed to move to this item now. He st~t,,d, however, that the Bond 2004 discussion wound resume once the discussion on Item 34 was completed. Mayor Neal referred to Item 34_a, and a motion was made, seconded, and passed to open the public hearing on the following item: 34.a. Public hearing to consider amending the Zoning Ordinance by adding Article 13A. "IO" Island Overlay Dislxict, to establish a unique island development standard; and by revising Article 13. "B2-A" Barrier Island Business District, Section 13-2, Use Regulations, to include new uses and use requirements. Director of Developmant Services Barbara Bailey prefaced her presentation by saying the Minutes - Regular Council Meeting August 17, 2004 - Page 24 development of the dislriet was possible due I~ the collaborative effort botween staffand the PMre Island Planning Committee, and the islanders, especially Mr. Ro Wickham, Mr. Jeff Fmhm, Mr. Jerry Choyke, and Mr. Richard Smith. Ms. Bailey provided a briefhistury on the process far developing the overlay district, which began three years ago. She said Asset Development Corporation, headed by Mr. Paul Sehexnailder, brought in a renowned architectural firm fi.om New York, Cooper Robertson, to review the ch'aR overlay district to ensure the city had a workable, feasible product_ Ms. Bailey remarked that the overlay dislrict was designed to propose arehitecUn-al design standards for new development along Park Road 22 (SPID), a portion of Sta~e Highway 361 south of Zahn Road, and the "Lake Padre" and seawall areas. A city survey of property owners in 2003 indicated that there was a significant preference for a number of architectural styles, such as Spanish, Mediterranean, and Key West, that could broadly be grouped into the heading of"coastal themes"_ Subsequently, Ms. Bailey stated that a conlxoversy has slowly evolved between the islanders and builders regarding the use of vinyl siding_ Regarding the use of vinyl siding, Ms. Bailey stated that Cooper Robertson believed that high-quality synthetic materials are successful alternatives to more maintenance-dependent materials. She cautioned, however, that if the vinyl siding was not appropriately used, it could deter fi.om the look of the project. Ms. Bailey reported that throughout the many discussions, she was pleased that there was a genexal consensus between the major groups on the island on a number of important items, including design guidelines, setting high quality standards, improved landscaping, and appropriate signage. There were also areas of compromise, that the map boundary was expanded to include the Lake Padre area, but in return the decision was made to eliminate the citizens review committee to avoid an additional layer of bureaucracy_ She said the remaining areas of clarification involved the impact to multifamily properties and, more recently, what constitutes high quality vinyl. She said the builders found the material to be a quality product that provides a good look with minimal maintenance. The islanders felt slxongly that vinyl does not create an appropriate look for the island. At thc July 14a Planning Commission meeting, Ms. Bailey said thc Builders Aasociation and the Island Planning Group recommended approval of the district. Nonetheless, a number of parsons spoke for and against the inclusion of vinyl siding as an acceptable wall covering material. After considerable discussion, Ms. Bailey said the Planning Commission recommended the approval of the draft Island Overlay District, including the vinyl siding. She said staff's recommendation mirrored the Planning Commission's recommendation. Ms. Bailey reviewed the draft Island Overlay highlights as follows: architectural design standards; 10 percent of gross site area landscaped; palm U'ee plantings on 30 centers for SPID (Park Road 22) and SH 361; decorative entryways; 10-foot fi.ant yards for townhouse or multi-family developments; and restricted access to local streets; pedes~an access; parking credit for public pedestrian amenities; 10 percent parking credit if parking is placed behind the building; and special screening for boaffRV sales, outdoor storage, and drive-thru windows. Ms. Bailey briefly displayed a map of the possible future rezoning area for the overlay, Minutes - Regular Council Meeting August 17, 2004 - Page 25 noting that it had been expanded fi.om the original plan. She also displayed a sample color palette allowed under the overlay plan. Finally, she provided examples of development in South Padre Island that would not be allowed under the proposed overlay district. Ms. Bailey concluded by sU'essing that there was a great deal of consensus between the island groups, and few areas of controversy. Besides the vinyl siding issue, Ms. Bailey said the islanders were now requesting some type of citizens group to advocate for island issues and concerns. To address this concern, she pointed out that the plan implementation of the Mustang- Padre Island plan already called for a strategic action committee. She said this committee could function as an advocacy group for island issues, without creating another level of bureaueracy. To address the vinyl siding issue, Ms. Bailey also noted that the overlay disffict applied to commercial and multi-family uses only, not single-family residential. Thus, the Lake Padre area could be excluded fi-om the use of vinyl siding in the overlay district if the Council desired. She stated, however, that the Padre Island Property Owners Association already prohibited the use of vinyl siding comprising more than 30 percent of a home. Planning Commissioner Shirley Mims, 3613 Brushwood, stated that she had chaired the two meetings during which the Padre Island Overlay District was considered. The issue was tabled at the flint meeting because the commission did not feel there was enough consensus on the district, and they asked staffto continue working with the island groups. At the second meeting, Ms. Mires stated that the Planning Commission was in concurrence with the document, noting that there were still a point of contention regarding vinyl siding. Ultimately, Ms. Mims stated that the commission voted 7-1 (one member was absent) to approve the overlay district as presented, including the vinyl siding. Ms. Mires stated that appropriate standards for signage were an important consideration for the commissioners, especially herself, and the commission felt the proposed overlay district addressed this issue well. Mr. Chesney asked for staffs opinion on the vinyl siding issue. Ms. Bailey stated that according to Cooper Robertson, high-quality vinyl could be an acceptable wall covering for the coastal theme look. She said a discussion ensued later over what constituted high-quality vinyl, and staff made the following specifications: designed for 160 mph wind-load system, reinforced nail hem, 5/8" profile height, and nominal 0_42" mill thickness. She said staffdid not truly have a slxong opinion on the vinyl siding. They felt the overall plan was much more important than this issue, which was ultimately a matter of choice and taste. Her concern was that the island groups's concerns be heard on this issue. Mr. Robert Kelly with the Vinyl Siding Institute made a brief presentation in support of vinyl siding as a quality building material. Mayor Neal called for public comment. The following individuals spoke in support of the uae of vinyl siding: Mr. Dick Messberger, Kingsville, TX; Mr. CliffZarsky, 5202 Wooldridge; Mr. Alan Hoyt; Ms. Rim France, 14901 Windward Drive; MS. Mabel Miekle, 14901 Windward Drive; Mr. Greg Coats, 3116 Wooldridge; Mr. Mike Montegua, 15349 Caravelle; Mr. Brian Miller, 13495 Das Marinas; Mr. Rudy Bm-rem; Ms. Polly Harris, 2138 Hwy 286; and Mr. Gene Guernsey, 6133 Tarafaya. The following individuals spoke against the uae of vinyl siding: MS. Mindy Niles, 15325 Key Minutes - Regular Council Meeting August 17, 2004 - Page 26 Largo Ct.; Mr_ Jeff Fralun, 13502 Royal Fil~da Ct_; Mr. Ray Smith, 15314 Baratoria; Mr. Ro Wickham, 13729 Eagles Nest; an unidentified woman; Mr. Paul Schexnailder; Mr. John Hopper, 13904 Eagles Nest; Mr. John Trice, 13706 Tajamm;, Mr. John Veit; Ms. Kim Irwin; and Ms. Gladys Choyke, 15321 Cartagena. Mr. Richard Smith, 13849 Doubloon, Mr. Richard Pittman, 14325 Caribe, and Mr. Jeff Riggan, 13921 Das Marinas, spoke against the use of vinyl siding and for the reinstatement of the citizen review committee. Mr. Jerry Choyke, 15321 Cartagena Cotut, spoke in support of reinstating the citizen review committee. The following individuals spoke in support of the Padre Island Overlay Distxict as presented: Ms. Becky Lopez, 4409 Dolphin; Mr. Tony Brady, 14221 Sanddollag, Mr. Shane Schemder, 1164 Colleta Creek; Mr. Neill Amsler, 14726 Santa Gertrudis; Mr. Alex Harris, 2138 Hwy 286; and Mr. Doug Shaw_ A discussion ensued over which areas in the proposed overlay district should be excluded from the use of vinyl siding. Mayor Neal proposed following Ms. Bailey's suggestion by including a provision to exclude the use of vinyl siding in the Lake Padre area. Mr. Scott commented that overlay district as presented addressed the most important development issues facing the island: prohibiting oversized and gaudy buildings and substandard buildings, and providing more landscaping. He said the overall plan would have a huge impact on the island in significant and beneficial ways that most of the islanders supported, and the remaining points of contention paled by comparison_ He said that he was not aware that the use of vinyl siding was an issue until quite recently. After much thought, he said he was in support of the proposed overlay dis~ct as presented, including the use of high-quality vinyl siding. He understood that the Padre Island Property Owners did not permit vinyl siding on single-family dwellings anyway, and was open to a compromise measure if the Mayor wished to introduce it. Mr. Garrett made a motion to amend the Planning Commission and staffs recommendation to exclude the use of vinyl siding in the proposed overlay district, seconded by 1Vas_ Cooper. Mr_ Noyola spoke in support of using high-quality vinyl siding in the overlay dis~ct, and supported staffs recommendation. Ms. Cooper spoke in support of excluding the use of vinyl siding bemuse she felt the Council should defer to the islanders's wishes since they have invested in tiffs area. City Secretary Chapa polled the Council for their votes on Mr. Garreffs motion to amend as follows: Cheaney, Cooper, Garrett, and Kelly, voting "Aye"; Neal, Colmenero, Kinnison, Noyola, and Scott, voting "No". The motion to amend failed. Mayor Neal made a motion to amend the overlay district to restrict vinyl siding fi'om the areas abutting Park Road 22 within the notification boundary and Lake Padre, seconded by Mr. Colmenero. He said this amendment would protect the appearance of the main traffic corridor into Padre Island, and would respect the Lake Padre area's desire to exclude vinyl siding. At the same time, he said the amendment would allow for the use of vinyl siding for future commercial buildings in the remaining area. Ms. Bailey added that an exemption needed to be made today to allow existing buildings consmicted with vinyl siding that may need to rebuild in the future, as a result of hurricane damage, for example, to use vinyl siding. Mayor Neal concurred with this amendment. Mayor Neal asked staffto identify the area known as Lake Padre area, and Ms. Bailey said staff would provide a legal description of the area. City Secretary Chapa polled the Council for their Minutes - Regular Council Meeting August 17, 2004 - Page 27 votes on the Mayors motion to amend as follows: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye". The mo~ion to amend passed. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 34. ORDINANCE NO, 025902 Ordinance amending the Zoning Ordinance by adding Article 13A. "IO" Island Overlay District to establish a unique island development standard; and by revising Article 13. '~B2- A" Barrier Island Business DisWict, Section 13-2 Use Regulations, to include new uses and use requirements. An emergency was declared, and the foregoing ordinance was passed and approved aa amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ Mayor Neal called for a brief recess. The Council retomed fi.om recess, and Mayor Neal resumed discussion on Item 37 regarding the proposed Bond 2004 propositions_ Mr. Noyola spoke in support oftbe new Option 4A (see Attachment B included as part of these minutes), which was staffhad just distributed in response to the previous discussion. Regarding the Bayfront Master Plan project in Option 4A, Mr. Kinnison stated that he though the project cost was larger than the $6,684,000 amount included, He said that if the Council was going to include the bayfi-ont master plan project, it should be a fair and accurate representation of the project. City Manager Noe replied that over the next week or so, the city could provide the public with a fair and accurate representation of what could be accomplished in the northern reach of the project for the proposed $6,684,000, which included the re-use of some infrastructure. Mr. Kinnison replied that if the city was going to undertake the project, he wanted to see it done the fight way. City Manager Noe replied that staffwould provide the Council with an idea of what could be accomplished for the proposed $6 million and for the $12 million for the Level 2 improvements in the Bayfi'ont Plan range. City Manager Noe stated that he and City Secretary Chapa preferred to have a less detailed ballot than in Bond 2000, which provided the names of every slxeet project, etc., but noted that this would be the Council's decision. Mr. Colmenero asked if the city could have a separate ballot or a different color ballot. City Secretary Chapa said the County Clerk's Office has said the voting machines could accommodate two ballots, but it would be a cumbersome process. They preferred that the city join Del Mar College's ballot, which would save the city approximately $25,000. He said Del Mar was amenable to this. Mr. Chapa said a separate ballot would be more expensive but was may be neeessary if the charter amendments were going to be placed on the ballot aa well. The Council concurred with the suggestion to make the ballot less wordy than in the 2000 election. Minutes - Regular Council Meeting August 17, 2004 - Page 28 Mr. Kelly said the Council seemed to be in favor of the $90,000 bond package. He said he prefened Option 2A because he sensed a growing dissatisfaction with rising tax rates, and he felt a more modest package would be more amenable to the public. He said, however, that he would support a $90 million package if he was in the minority. Mr. Scott, Ms. Cooper, Mr. Kinnison, and Mr. Colmenero spoke in support of the $90 million bond package because they felt the citizens would understand that $70 mdlion in projects would not involve a tax increase. Mr. Chesney also expressed concern about the growing dissatisfaction with tax increases among the citizens. He was concerned about that the ballot would be too confusing. He said he would be willing to compromise ~fthe majority of the Council supported the $90 million bond package. There were no comments fi.om the audience. Mayor Neal asked staff to provide the requested information for next week. City Manager Noe remarked that next Tuesday was the last day to call an election. Mayor Neal called for the City Manager's report. City Manager Noe reported that this week, the city held a mass immunization clinic at the Bayfront Convention Center, and approximately 700 children received immtmizations. The fire academy cadet graduation was taking place this Friday at 2:00 p_m., with 29 candidates. He also announced that 7 out of 9 of the city's code enforcement propeay advisors have become certified officers. He introduced Ms. Sally Gavlik, the new park and recreation director. Mr. Noe said that at next week's meeting, the Council would meet with the LCRA at 8:00 a.m. to discuss cooperative water ventures. For the regular council meeting, the following items were scheduled: charter revision amendments; adoption of the property tax ordinance; and landfill issues. On August 31, the Council would have the opportunity to finalize the election ordinances if required. Mayor Neal called for Council concerns and reports. Mr. Garrett asked for a timeline on the completion of the Gollihar/McArdle/Ayers street repairs. Mr. Garrett also confn-med that none of the street improvements currently in progress were related to the Bond 2004 program, nor were the seawall improvements related to the Bayfi'ont Master Plan_ Mr. Noyola asked Mr. Noe to look into an issue that health department employees were required to use their personal vehicles to immunize children off-site, and said the employees were requesting laptops as well. He thanked City Engineer Escobar for helping to get two flashing school zone lights on Bear Lane. He gave his condolences to the families of Mr. Isidro Lopez and Mr. Joe Carmona, two Tejano musicians who passed away recently. Finally, Mr. Noyola asked staffto look into working with the Workforce One and other organizations to obtain grants for enhanced services. Mr. Scott asked for an update on the development on Purdue Street, which was recently highlighted in the newspaper. Mr. Kevin Stowers, assistant director of engincering, replied that the Minutes - Regular Council Meeting August 17, 2004 - Page 29 city has worked with the conixactor to provide safety panels and barricades to delineate a pedes~xian area_ Flaggers were working in the morning and the afternoon to help children cross the area. He said the city's consmaction inspectors were inslxucted to check on the area later. Ms. Cooper asked Mr. Noe to look into a problem her mother-h-law had encountered in which she received a notice saying she was going to be arrested because she had not paid a speeding ticket She said the notice was sent to her in error, and asked Mx. Noe to investigate. Mayor Neal asked Mx. Noe to look into the antmal control issues raised at today's meeting, and he asked him to inform the Council on the item by this Friday in their packets. He also thanked development services staff for their efforts on the Padre Island Overlay District. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:10 p_m. on August 17, 2004. 00-11-2004 Frae-CITY OF CC-CITY I~IAI~ 0FFI~: +30[ 0801030 T,-~'l A']']'ACH]~,NT A BOm roue ~4 - p,~x,~ mopoa~ ~ OPTION '1 (:N~IIQN 3~ OPTiOH 2A OPTION 3 OPTION 4 Park&ibc Pmk& RIo Park&Rio 1 ,TR~kIllXiW~flI~ 4.000.000 4.000,000 4.000,000 ' 4,000,000 5. ~~.~.~~ 4~ 4,~.~ ~ 4AgT~_ · ~A~-~lel t.~ V,~ ~,~.~ ~.~.~ 3~.~ 3~ ~ub-TMa~ Street Paoaaglm t.s~.DoO t.,OOJ]O0 2.0oo.oa~ ~lu~Tetal P~k & ih~rmtinn PE:kag~: l, kwth EheKh .&Ja~ Imlvo,,mnud~ . BOND 1~gUE 2004 - ALTERNATE PACKAG~ oF'noN 1. 2_ Clmarm~ B~:I, Ph. I - Sarak3ga h~ Yorktmv~ 3. ~ ~2-Y~~) & ~A~- ~37~US ~81 7. ~-~~ W~ ~-~M~&~fl~ 10. 'N~~~ 12. * S~ ~ T,~ ~ ~ 14. T~ ~ (~ & 18. Q~, P~ 3-~ID~ ~ ~ 17. W~~ '~~ 18- W~ 21. ~ ~ ~-~'H~ln ~ ~~P~(S~) ~B~ (~) 28, Police / Fire Tra~ FacUlty Ph. 2 - Land A~_ 8ub-Te~l Publl~ ~ i saree/Packagea: PU~UC FACIUTIE~: 31. New S~h~lde IJbrary aub-To~l PuMc Fa~lllt~ 33 ~ Coumo Impmvemm'~ (E.~daflng Courses) 34. Rer~3vate 8edor & Reematk~ Facl~es HEB Ter~a ~ 30. Neigflborhood Parks IIl~'Ovemeelta 37. Wlndapod Park Impn3ve~enta (9outh ~ Pa~) Bayfm~ Devdefm'~nt Plan FXnaae ~ (Parka) 1,058,000 3~3~,ooo 4.373,000 3.412,000 4,4~,000 (4.400,000) 1,40~,000 1,175,000 (1,175,000) 250.000 ?e,?~,~e (2,35~,ooo) ATTACH~4ENT B 00Pd Pm:hap Publla FIrJBtJol Plrk & Roc 2-Gent klCresse 2,372.000 4,497.000 2,474.00O 9,~,0~0 e95,ooo ~7~ooe (a65,ooo) 1,oeo,oeo Pmpo~lu~ 2 8ub..ToMl ~ Mumm' PIm p~fnge: TOTAL PACKAGE PRICE: 3,0~1000 (3,0~1,(~) t0,~m,000 (3,0~,00~) 25o,ooo (2so,ooo) 1oo,ooo (loo,ooo) 2,000,000 3,500,000 ~,~0,~0 Proposition 3 2,756,000 a ARTS AND CULTURAL COMMISSION - Nine (9) vacancies with terms to 9-01-05, 9-01-06, and 9-01-07 representing the following categories: 1 - Visual Arts, 1 - Civil Leader, 1 - Marketing I - Business Development, 1 - Dance, 1 - Education/Youth, 1- Economic Development/Tourism, 1 - Drama and I - Music. (Mayoral appointment subject to confirmation from City Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of worlcs of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confu'mation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative fi:om Music, Visual Art, Dance, Drama, Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes_ MEMBERS TERM *Deborah Fullerton (Visual Art), Chair 9-01-04 Linch Avila (Texas A&M-CC), Vice-Chair 9-01-06 Chuck Anastos (Architecture) 9-01-05 Armando Camina (Public Art / Public Space) 9-01-05 *Elia Gutierrez (Civic Leader) 9-01-04 ***Laura Ann Pitt (Marketing) 9-01-06 ***James Jones (Business Developmen0 9-01-06 **Rose Zumga (Dance) 9-01-04 ***Gustavo Valadez Ortiz (Education/Youth) 9-01-04 **David Barganski (Economic Dev./Tourism) 9-01-05 DeAnn Gould-Lancaster (Public AFd Public Space) 9-01-06 Anne Stewart (Del Mar College) 9-01-05 Lynch A.J. Jones (Education/Youth) 9-01-06 *J. Don Luna (Drama) 9-01-04 Marilyn Spencer (Economic Dev_/Tourism) 9-01-06 ***Colin Sykes (Music) 9-01-04 Daiquiri Richard (Marketing) 9-01-06 ORIGINAL APPTD. DATE 8-24-99 2-22-00 12-12-00 10-08-02 2-22-00 12-16-03 6-17-03 11-11-03 11-11-03 12-16-03 11-11-03 11-13-01 6-17-03 6-17-03 11-11-03 12-12-00 10-08-02 *Seeking reappointment **Exceeded the number of absences allowed by ordinance ***Resigned (The Arts and Cultural Commission is recommending the reappotntment of Deborah Fullerion (Visual), Ella Gutierre~ (Civic Leader), and J. Don Luna (Drama). They are also recommending the reinstatement of Rose Zuniga (Dance) and the new appointments of Brian York (Music), Dr. Judith Prewitt (Education/Youth), Ed Grove (Marketing), Chad Luhan (Business Development), and Daniel Gar'ga (Economic DevelopmenO. ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Deborah Fullerton (Visual) 11 11 Ella Gutierrez (Civic Leader) 11 11 J. Don Luna (Drama) 11 8 % OF A'I~rENDANCE LAST TERM YEAR 100% 100% 73% OTHER INDMDUALS EXPRESSING INTEREST Isabel Arraiza Associate Professor, Texas A & M University - Corpus Christi_ Ph.D. candidate in Sociology, Boston College. Member of the American Sociological Association. Proponent of multicultural art in our comrnurfity. Recipient of Latino Scholar Award from Boston College in Spring 2001. (Education/Youth)(6-Ol-04) Gloria T. Bilaye-Benibo High School Counselor, West Oso Independent School District. Received B.S. in Biology/Education and Masters in Counseling_ Cornrnullity activities include: Coastal Bend Annual Odycee! Youth Award, African Cultural Extravaganza, and West African Dance Troupe Director, Black History Cultural Committee and Coastal Bend Association ofNigerians. (Dance or Education/Youth) (5- 25-04) Willie Campbell Occupation: Oil and Refining Industry. Corporate Trustee - St. John's Baptist Church; also a Youth Director and Sunday School Teacher. Enjoys painting and art. Very interested in serving his commtmity. (Economic Development/Tourism or Visual Arts)(6-Ol-04) Aaron Cooley Executive Director, The Center for One America_ Received a B.A. in Anthropology and M.A. in Education from the University of North Carolina_ Professional memberships include: American Educational Research Association, Comparartive and International Education Society, Popular Culture Association and Philosophy of Education Society. Extensively traveled through Central America and Europe_ (Education/Youth) (4-20-04) Judith Ann DuBose Rebecca Esparza Alrnira Flores Daniel Gaxza Brian York Grant Ed Grove Business Development Manager, Advanced Acoustic Concepts. Received a B.A. in Industrial Management and Economics and M.A. in Industrial Management. Received the Business Woman of the Year 1987_ Activities include: Marine Military Academy, U.S. Judo Executive Board and Parent's Club. (Economic DevelopmenO (09-05-03 Self-employed, Public Relations Consultant_ Received B.A. in Marketing and M.A. in Business Administration from the University of Incarnate Word. Has provided media and public relations for Krispy Kreme Doughnuts, Sea World, and the Creative Arts Center. (Marketing) (7- 06-04) Radiology Technician, North Bay Hospital. Graduate of Spohn Hospital School of Radiological Technology. Activities include: Hispanic Women's Network of Texas, Coastal Bend Society of Radiologic Technology, and Vice- Chair on the State Board of Hispanic Women's Network of Texas. Recipient of the Las Estrellas Award (Hispanic Women's Network). (Civic Leader) (8-09-02) Financial Officer, Texas Attorney General. Received a B.A. in English and minor ia Political Science. President of EdgeWorks Film Festival. (Economic DevelopmenO (7- 06-O4) Director of Critical Care, Chrisms Spohn Health System. Assist in teaching, internship and mentorship programs for nursing students. Educated in England with degrees ia Nursing Management fi.om the Oxford College of Technology. Volunteers at the Annual Camp for Neighborhood Centers in working with underprivileged children. Member of Del Mar College Nursing Advisory Board. Singing Member of Corpus Christi Chorale. (Education/Youth or Music) (7-09-04) Retired, Advertising and Public Relations. Received B.S. in Business fi'om Miami University and M.A. in Marketing and Finance from Ohio State University. Has been involved in the Texas Jazz Festival, Waco Hotel/Motel Association, Publicity and promotion chair of McLennan County Chapter American Cancer Association and Food Bank. (Marketing) (1-26-04) Howard Karsh Auditorium Manager, Del Mar College. Received B.S. from Corpus Christi State University. Member of the Jewish Community Council, International Association of Assembly Managers, United States Institutes for Theater Technology, Association for Performing Arts Presenters and the National Association for Campus Activities. (Education/Youth or Del Mar) (1-05-04) Atilano Javier Huerta Project Architect, Cotton, Landreth, Kramer Architects. Received a B.A. in Architecture from Monterrey Institute of Technology. Activities include: American Institute of Architects, Texas Society of Architects, and the Hispanic Chamber of Commerce. Enjoys photography and music. (Basiness Development or Vixual Arts) (1-29-04) Tracy A. King Financial Advisor, UBS Financial Services, Inc. Received B.A. in Sociology and Psychology. Member of the Corpus Christi Chamber of Commeme, Better Business Bureau, Southside Kiwanis, and the Coastal Bend Women's Soccer Association. (Business Development or Civic Leader) (1- O8-O4) Project Controls, Bay Ltd. B_S. in Environmental Biology from Texas A & M University - Corpus Christi. Pursing a Master's in Business Administration. Member of the Padre Island Business Association and a Youth Minister at St. Andrews by the Sea Prior involvement in C.C.Yes Surfers for Packery Channel and Beautify Corpus Christi. (7-07- 04)(Economic Development or Business Developmen0 Robert L. McCarty Comptroller, Women's Shelter of South Texas. Received B.A. from Corpus Christi State University. Activities include: Texas Society of CPA's, American Institute of CPA's and Leadership Corpus Christi Class 29. (Civic Leader) (6/22/04) Molly Merkle Artist, W-Studio with Bill Wilhelm. Graduate of Fine Arts program at Texas A&M - Corpus Christi. Serves on the Board of Trustees at South Texas Institute for the Arts. (Publlc Art/Public Space or V'tsual Arts) (9-10-01) Coeta Mongomery ADCAP Dh-ector/Marketing, University of Incarnate Word_ B_B.A. in Human Resources and M.S. in Organi?ational Training and Development at Texas A & M University - Corpus Christi. Member of the Corpus Christi Chamber of Commerce. (10-15-03) (Marketing)) Deborah Lillard Noland Volunteer history includes: Secretary of the Art Center of Corpus Christi Board of Directors, Clay Studio Committee, Public Fingerprinting, Folk Life Celebration Advisory Committee, and Southwest Sculpture Society. (Public Art/Public Space or Vtsual Arts) (5-18-04) Judith Prewitt, Ph.D_ Visiting Professor, Texas A & M University - Corpus Christi. Received B.A. in Mathematices, M.A~ in Mathematics and Ph.D. in Mathematics. Activities include: Scientific Research Society of America, National Computer Graphics Association, Mathematical Association of America, and Society of Women Engineers. (Education/Youth) (7-06-04) Bill Richmond Senior Partner, Wienerschnitzel Restaurants. Received B.S. fi-om Texas A & M University. Activities include: Leadership Corpus Christi Alumni Association, Corpus Christ Chamber of Commeme, Texas Restaurant Association, Padre Island Business Association, FOCUS Corpus Christi and the Women's Shelter volunteer. (Economic Development or Business DevelopmenO (1-08- O4) Laura Spear Smith Realtor, Coldwell Banker - Pacesetter Steel_ Received B.A. fi-om the University of Texas at Austin. Past activities include: President of TBE Sisterhood, President of TBE, President of Concert Ballet Guild. (6-23-03) (Economic Developmen0 Jennifer Anne Taylor Executive Director, Family Outreach. M.A. in Arts Policy and Administration, Ohio State University;, B.A. in Art History, University of South Carolina_ Served as a grant panelist for the Idaho Commission on the Arts (ICA) reviewing and evaluating grant applications. Member of the Association of Fundraising Professionals, South Texas Planned Giving Council, Corpus Christ Chamber of Commerce, and Coastal Bend Alliance of Youth. (Civic Leader) (8-12-02) Van P. Villa Received B.A_ in French and M.A. in French Literature. Member of the Ballet Nacional Dance Center, Asian Museum and the Carroll Choir Booster Club. (Dance) (3- 05-03) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of fifty-four sets of educational video and audio cassettes from National Educational Systems, Inc., San Antonio, Texas based on sole source for a total amount of $37,856. The video/audio cassettes will be used by the member Libraries of the South Texas Library System (STLS). Funds are available fi.om the South Texas Library System Grant. Purpose: These educational materials w/Il be distnbuted to the forty-seven members of the South Texas Library System. They are a part of the adult literacy program targeted at enhancing the English speaking skills of both adults and children. Two types of programs will be purchased. "Disney's World of English" is an interactive video and audio program which is targeted at children between the ages of 2 to 14 years of age to assist them with their Enghsh speaking, reading and writing skills. "English Without Barriers" is an adult learning program targeted at adults where English is a second language. Basis of Award: Sole Source Lexicon Marketing Corporation, Los Angeles, California, is the owner and publisher of the above referenced programs. National Educational Systems, San Antonio, Texas is the sole source distributor of these items for governmental agencies in Texas. Funding: South Texas Library System Grant 520060-1068-00000-807204 $37,856 Michael Barrera, C.PIM. Procurement & General Services Manager City of Corpus Christi Purchasing Division Bid Tabulation 8124/2004 Educational Video/Audio cassettes Qty Unit National Educational Systems, Inc. San Antonio, Texas Unit Pdce Total Disney's Wodd Of English 47 each $679.00 $ 31,913.00 English W~thout Bamers 7 each 849 5,943.00 Award Total $ 37,856.00 "~B'"-- CiTY COUNCIL AGENDA MEMORANDUM August 24, 2004 AGENDA ITEM: Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Redd Field Road between Wooldddge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project ~f-8425, and for other municipal purposes. ISSUE: The continuation or extension of the Southside Water Transmission Main is underway for Phases 4, 4a, and 5 as shown on Exhibit C. These phases will extend the water main f~om the South Staples Pumping Plant northeasterly to Holly Road and southeasterly to Laguna Shores Road. On December 17, 2002, City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right-of-way. Out of the forty-two parcels requiring acquisition, thirty four parcels have been acquired through negotiations. Negotiations with the landowner, Seaside Memorial Inc_, reached an impasse for the acquisition of these three parcels. A condemnation hearing was held on August 12, 2004 in which the amount of $31,505.63 was awarded to the landowner for the easement rights. Land purchases and condemnation awards over the amount of $25,000 require City Council approval. FUNDING: Water CiP 550701-4080-00000-180188 RECOMMENDATION: Approval of the motion as presented. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Prior Council Action Route Map Parcel Location Map Award of Special Commissioners \\CLSTRI_USERS2_S ERVEI~USERS2~IOM E~USEBIOG~GEI~ Items~SS Wal~' Tmns. P'n4a. Seas~eV~gen da Men~randum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phases 4, 4a, and 5 Acquisition of Parcels 429,436, and 437 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2. authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels by condemnation. OVERVIEW: Prolect Backl3round: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced dudng peak demand pedods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phases 1 through 3 have been constructed and Phase 4 and 4a are in the easement acquisition stage. These current phases, 4 and 4a as shown on Exhibit C, will extend the transmission main from the Staples Street Pumping Plant to Holly Road. Phase 5, which is now under design, will extend the water transmission line from the Yorktown Blvd. & Rodd Field Rd. intersection eastward to Laguna Shores Road. Due to the peak work-load of the City's Land Acquisition staff with pdor Bond Issue 2000, CIP, Airport Expansion and CDBG projects, it was necessary to outsource the negotiations and acquisition process for this project. The City entered into a contract with Urban Engineering which included acquisition responsibilities. Urban Engineering sub- contracted with Right of Way Services, Inc. (ROWS) for the negotiations and acquisition of 42 parcels for Phases 4 and 4A. Parcel Descriptions: There are three parcels owned by Seaside Cemetery, Inc. which are required for the installation of the 30" waterline along Rodd Field Road. These parcels are located between Saratoga Boulevard and Wooldridge Road as shown on the attached Exhibit D. Each parcel contains a permanent utility easement (UE) and a temporary construction easement (TCE). The table below describes each of the easements and their appraised value: EXHIBIT A 1 of 2 parcel Width (ft.) Area (s.f.) Length (I.f.) Appraised Value ($) 429 UE 15 6,417.47 427.84 12,834.95 429 TCE 50 21,393.07 427.84 5,134.26 436 UE 5 300.01 60 660.03 436 TCE 11 660.04 60 145.21 437 UE 5 310.36 67 775.90 437 TCE 11 860.98 89 215.25 Total $19,765.60 The parent tracts of the easements are zoned B-l, Neighborhood Business District. Parcels 429 and 437 are vacant tracts and are curTently used for farming operations. Parcel 436 contains a commercial building and other improvements. Both Parcels 436 and 437 are platted and have an existing twenty-foot wide utility easement dedicated along their frontage. Because of these existing easements, only five (5) additional feet of utility easement was needed at these two tracts. Tract 429 is currently un-platted and the City required a full fifteen (15) foot wide utility easement on this tract. Parcel Acquisition: Right of Way Services presented a formal offer to the landowner, Seaside Cemetery, Inc., for the City's appraised values which were based on the current zoning as commercial properties. The landowner countered with a higher value of $250,000 based on the loss of cemetery plots. Since the land was not propedy dedicated for cemetery use as prescribed by law and is still in commercial use, the City proceeded to utilize eminent domain. Pdor to filing condemnation, the City offered an administrative settlement of $29,000, which was rejected by the landowner. On August 12, 2004, a Commissioner's Headng was held in which a Special Commissioner's Award of $31,505.63 was awarded to the landowner for the City's easement dghts. City Council approval to accept this award and pay this amount is required pdor to submitting payment to the Nueces County District Clerk. City staff recommends the approval of this award amount. EXRrBIT A 2 of 2 PRIOR COUNCIL ACTION SUBJECT: Southslde Transmission Main, Phases 4, 4a, and 5 Acquisition of Parcels 429,436,437 (Seaside Cemetery, Inc.) 10. 11. 12. 13. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 18, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. I in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Tdnity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 -Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorklown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No_ 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrh~gal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). EXHIBIT B 1 of 3 14. JuN 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). 15. September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. Apdl 11,2000 - Approval of acquisition of Parcel No_ 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. Apd118, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. Apd117, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. Apdl 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Chdsti, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) EXHIBIT B 2 of 3 27. December 17. 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Chdsti, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 28. January 14. 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Gamey Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-O19) 29. November 11. 2003 - Resolution recagnizJng the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 30. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No. M2004-125) 31. Apd113, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-141) 32. May 18. 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S_ Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-183) 33. June 15. 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-218) H:'~IOME~EUSEBIOG\GENV~genda Items~.SS Water T~.Ph4a. Seaslde~Pdor Coundl Action.doc EXHIBIT B 3 of 3 °8 PARCEL 437 N I~ARCEL 436' PARCEL 429 CITY PROJECT NO 8425 LOGATZON MAP NOT TO SCALE EXHIBIT D SOUTHSIDE WA TER TRANSMISSION MAIN PHASE 4- PARCELS 429, 436, 437 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT OEPART~E~ ~ ~mNECm~ sE~4c£s PAGE: I of 1 DATE: 08- 19-2004 NO. 04-61265-2 CONDEMNATION PROCEEDING CITY OF CORPUS cflRISTI * A CORPORATION * IN THE COUNTY COUA~b AT LAW NUMBER 2 Nu~CES COUNTY, TEXAS ~OFCO~._nSIONERS On August 12, 2004, at the Jury room of County. court at Law N,,mher 2, room 702 the Nueces county Courthouse located at 901 Leopard Street Corpus Christi, Texas this proceeding was heard by the persons whose names and signatures appear at the bottom of this award for the purpose of assessing the damages resulting from this proceeding in eminent domain. Plantiff appeared through it duly authorized repersenatatives and attorney Jerry Dorsey. Defendant appeared through its duly authorized repersenatives and +hrouh its attroney On July 1, 2004 The City of Corpus Christi, Texas, Plaintiff, filed a written petition with Patsy Perez, Clerk of County Court at Law Number 2, of Nueces County, Texas, seeking a Judgement for an easement across the Lands of Defendant as more particularly described: (1) a five foot wide permanent utility easement on 2.03 acres of land, more or less, and an 11.0 foot wide temporary easement out of 2.03 acres, Lot 10, Block 17, Rodd East Edition, Volume 81, Page 101, Map Records of Nueces County, Texas, along EXHIBIT E and adjacent to its West boundaz7 with Rodd Field Road (State Highway No. 357) (TRACT I) and, (2) a five foot wide permanent utility easement on 1.17 acres of land, more or less, and an 11.0 foot wide temporary easement out of 2.03 acres, Lot 11, Block 17, Rodd East Edition, Volume 61, Page 101, Map Records of Nueces County, Texas, along and adjacent to its West boundary with Rodd Field Road (State Highway No. 357), (TRACT II) and (3) a fifteen foot wide permanent utility easement on 3.214 acres of land, more or less, and two temporary easements necessary for the construction of the proposed utilities (A) the first is 10 foot wide and will run parallel a~d adjacent to the west side of permanent utility easement and (B) second is 50 foot wide and will run parallel and adjacent to the east side of the permanent utility easement, out of 3.214 acres, more or less, being a portion of Lot Thirty-Two (32), Section 27 of the Flour Bluff and Encinal Farm and Garden Tracts, recorded in Volume A, Pages 41-43 of the Plat Records of Nueces County, Texas, along and adjacent to its West boundary with Rodd Field Road (State Highway No. 357) (TRACT III) for the municipal purpose of, from time to time, contracting, laying, operating, inspecting, sea-vicing, repairing, maintaining, replacing, keeping and removing public utility lines (including above and below ground appurtenances incident thereon) all as hereinafter more particularly set out in the attached Exhibit "A". The real property of Defendant (t_hereinafter referred to as the "subject property") on which Plaintiff seeks such easements, is situated in Nueces County, Texas and is more particularly described in the attached Exhibit "B-l, B-2 and B-3". The attached Exhibits "A" and "B-l, B-2 and B-3" are adopted by this reference as a part hereof for all purposes. II. On the day of July 2004 Lisa Gonzales, Judge of Nueces County Court at Law N,,mher 2 appointed Irma Sanjines, Lance kutnick and Harold Hoelscher, tl%ree disinterested freeholders of Nueces County, Texas, as special commissioners to 'assess the damages resulting from this proceeding in eminent domain. III. These special commissioners were duly q~alified, and each · took the oath prescribed by law in which each swore to assess the d-mages fairly and impa~-tially and in accordance with law. Copies of these oaths are on file with the papers in this proceeding. IV. Having Peen sworn, the special commissioners on July/~, 2004 promptly set August 12, 2004 at 1:30 P.M. Conty Coul-t at Law N,~mher 2, Jury room 901 Leopard, Room 702 Corpus Christi, Texas, as the time end place of the hearing. The ~ay appointed was the earliest practicable day, and the place selected was at the county seat of the county in which the property is situated. V. Notice in writing was issued by the comm4ssioners to the party interested, notifying them of the time and place selected for the hearing. VI. The Notice were served upon the parties at least 10 days before the day set for the hearing, exclusive of the day of service, and they were served by a person competent to testify, by delivering a copy of the notice to the party or the party's agent or attorney. VII. After service of notice had been perfected, the commissioners, at the time a~d place appointed, proceeded to hear the parties, all of whom announced ready for hearing, Evidence was received, pa~ties. and a~gu~ent was submitted by the After hearing the evidence and arguments as to the value of the property sought to be condemned and as to the damages which will be sustaind by the owner, if any, by reason of the condemnation and as to the benefits that will result to the remainder of the property belonging to the owner, if any, by reason of the condemnation of the property and its employment for the purpose for which it is condemned, the special commissioners asses the actual damage that will accrue to the owner by the condemnation as follows, according to law: 1. Market value of the interest in land taken in the market where it is located at the time Of the hearing $ ~ ~,~ ; plus 2. special injuries sustaing by the r~mainder, which are peculiar to the owner and connected with the ownership, use and enjoyment of the particular parcel of land $ 0.0 plus 3. Any temporary damage cause during the construction of the utlities within the easement taken $ I;00(~-00 , less 4. Special benefits received by the remainder a~d which are peculiar to the owner and connected with the ownership, use and enjoyment ot the particual parcel of land: $ O, 0 : leaving 5. Acutal damage that will accrue to the owner as a result of the condemnation: $ ~; 5~.~5 1. Market value of the interest in land taken in the market where it is located at the time of the hearing $ ~3~ , plus 2. Special injuries sustaing by the ra~ainder, which are peculiar to the owner and connected with the ownership, use and enjoyment of the particular parcel of land $ 3.0 , plus 3. Any temporary damage cause during the construction of the utlities within the easement taken $ ~ ~-0.0~ , less 4. Special benefits received by the remainder ahd which are peculiar to the owner and connectd with the o~nership, use and enjoyment ot the paz-ticual parcel ofland: $ G .0 : leaving 5. Acutal damage that will accrue to .the owner as a result of the oonde ation: 35 1. Market value of the interest in land taken in the market where 2. Special injuries sustaing by the ra~ainder, which are peculiar to the owner and connected with the ownership, use and enjoyment of the particular parcel of land $ O , plus 3. Any temporary damage cause during the construction of the utlities within the easement taken $ '~-O0.dO , less 4. Special benefits received blrther-m~inder oana which are Deculiar to the owner and co~nectd with the ownership, use and enjoyment et the particual parcel o fland: $ O : leaving 5. Acutal damage that will accrue to the owner as a result of the The total acutal damage that will accure to the owner as a result of the condemnation being a total of the Actual Damage to TRACT The costs in this proceeding which have accrued to date are $ the expense of serving notice upon the defendant, and th reasonable fees of the special commissioners to be set by the Court. THEREFORE, we, the special commissioners, assess the acual damages that will accrue to the owner as a result'of 'this condemantion at $ ~; ~0~.~ , and award that sum to del endant, We adjudge the costs against for the reasons governed by law. On August ~_~, 2004 we have reduced our decision to ~rriting and have sigend that decision.on that date. Harold ~{oelshcer sp E c/JLL C~]~I S SION ~S PATSY PEREZ, DISTRICT CLERK NUECES COUNTY (P~ge ! o£ 3) The rights of Plaintiff in the permanent easement sought herein, which shall be an exclusive easement, are for the purposes of the free and uninterrupted use of going in, on, over, under and along the (1) five foot (5') strip of land described in E~hibit "B-i", (2) five foot (5') strip of land described in Exhibit "B-2" and (3) two temporary easements necessary for the construction of the proposed utilities (A) the first is ten foot (10') wide and will run parallel and adjacent to the west side of permanent utility easement and (B) the second is fifty foot (50') wide and will run parallel and adjacent to the east side of the permanent utility easement, described in Exhibit "B-3" together with free ingress, egress and regress within said easement by Plaintiff, its duly authorized agents, servants and franchisees, to be used, from time to time, for the municipal purpose of constructing, laying, operating, inspecting, servicing, repairing, maintaining, replacing, keeping and removing public utility lines (including above and below ground appurtenances thereto). The rights of Plaintiff in the temporary easement, (sometimes referred to as temporary work space) sought herein are for the purpose' of the free and uninterrupted use of the (1) eleven foot (11') strip of land east of and adjacent to the permanent easement described in Exhibit "B-i", (2) eleven foot (Pa~e 2 of ~} (Il') strip of land east of and adjacent to the permanent easement described in Exhibit "B-2", and (3) eleven foot (11') strip of land northwest of and adjacent to the permanent easement described in Exhibit "B-i" for the purpose of providing working room and storage of materials and machinery during, constructing or laying of the initial public utility line under the terms of this grant. This temporary easement shall terminate upon completion and acceptance by the Plaintiff of the initial utility line constructed or laid within the permanent easement. The rights of Plaintiff to be acquired are easement rights only, and there is reserved unto Defendant, its heirs, executors, successors and assigns, the use and enjoyment of th~ easements subject only to the dominant right of the Plaintiff to the full use and enjoyment thereof, without interference for the purpose for which the same are sought. Plaintiff shall, from time to time, after any construction, laying, servicing, repairing, maintaining, replacing or removing public safety lines, restore the surface of the land within the easement areas as nearly as practicable to the same condition as existed prior to such use. Plaintiff shall have no right to use any of Defendant's property outside the easements herein described. (Page 3 of 3) Plaintiff shall have no right to fence the permanent easement. Defendants shall have the right to cross the permanent easement with roads, pipes and fences, so long as the same are installed so as not to interfere with safe operation of utility lines constructed or laid under the terms of this easement. Defendants can erect no other permanent st~-uctures within the permanent easement other than those stated and any fences across the same shall provide gates for Plaintiff's easement use. 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08-24-04 AGENDA ITEM: MOTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MR. RON LEWIS FOR GOVERNMENTAL RELATIONS SERVICES RELATING TO GENERAL WATER ISSUES ISSUE AND BACKGROUND: For many years, Mr. Tim Brown, an attomey in Austin, Texas, has been assisting the City of Corpus Christi in all water-related matters. Mr. Brown is considered to be one of the pm cminent attorneys and lobbyists in water and water-related issues. Over the last six months, the City has been fortunate in secudng the services of Mr. Ron Lewis who has also assisted in water and water-related issues. Mr. Lewis's services were acquired under our contract with Tumer, Colley and Braden for exploration of the desalination issue under the Governor's desalination initiative. Mr. Lewis is a former outstanding member of the Texas Legislature. Dudng his last term, he wes Chairman of the House Natural Resources Committee. Mr. Lewis is recognized as one of the most outstanding and influential lobbyists in Austin and has special knowledge and influence in water and water-related issues. The retainage of Mr. Lewis under the TCB contract has now expired. Since City staff sl~ongly believes that water and water concems will be in the forefront of legis!ation dudng the upcoming legislative session (January 2005), we believe that it is extremely important to maintain Mr. Lewis's services dudng the coming twelve months. We believe that having a team consisting of Mr. Tim Brown and Mr. Ron Lewis dudng the legislative session coupled with the able assistance of our legislative de~3ation will greatly assist in protecting the Cites water dghts. Mr. Brown and Mr. Lewis have a long and con'rial relationship and both feel confident that they will be able to work together seamlessly as Ihe leading members of our team. FUNDING: Mr. Lewis's services are proposed to be retained at ~ rate of $5,000 per month plus reasonable and customary expenses beginning August 1, 2004. and ending July 31, 2005. These funds are proposed to be expensed from the Water Fund REQUIRED CITY COUNCIL ACTION: A contract ol~ this type and amount requires City Council approval. CONCLUSION AND RECOMMENDATION: City staff believes that water will be an issue before the next legislative session. It is important for the City to position itseff to adequately monitor and respond immediately and forcefully to any such issue. We strongly believe that, with the continued representation by Mr. Tim Brown and the acquisition ol~ legislative services from Mr. Ron Lewis, the City will be wall prepared wflh these two pre-eminent and highly influential govemmantal representatives to meet any water issue that may arise. We solicit Council's approval. W. Thomas Utter Special Assistant to the City Manager -.~-- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/24/04 AGENDA ITEM: Ordinance appropriating $170,000 from the unappropriated settlement proceeds from Gulfterra Energy Partners, L_P. in City Hall CIP Fund 3160; transferring $170,000 to and appropriating in General Fund 1020 Legal Services for professional services to obtain compensation from pipeline companies for use of city property; amending 2003-04 Capital Budget adopted by Olxlinance 025647 to increase appropriations by $170,000; amending FY2004-05 Operating Budget adopted by Ordinance 025878 to increase appropriations by $170,000; and declaring an emergency. ISSUE: In consideration of settlement of past claims and the granting of a License Agreement to use rights- of-way and certain city property in the future, Gulfterra Energy Partners, L.P. paid the City $3,000,000 in December 2003. At that time, it was understood that some of these monies would be needed to fund legal services to assist the City with legal issues related to other pipeline companies. The City has entered into professional services agreements with David Williams, Pipeline Compliance America, Victoria, Texas to identify pipelines located within City' s rights-of-way, utility easements, and other City properties; and Geoffrey M Gay of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. and Jan E. Rehler of Gary, Thomasson, Hall & Marks, P.C. to assist the City with legal issues related to obtaining compensation from other pipeline companies for the use of the City's rights-of-way, utility easements, and other properties. REQUIRED COUNCIL ACTION: City Council approval of the appropriation ordinance is required in order to authorize payment for these services_ PREVIOUS COUNCIL ACTION: June 22, 2004 - City Council approved a motion authorizing the professional services agreement with David Williams, Pipeline Compliance America, of Victoria, Texas. FUNDING: Funding is available from the Gulfterra Energy Partners, L.P. settlement proceeds in the City Hall C1P Fund 3160. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the ordinance as presented. Director of Financial Services ORDINANCE APPROPRIATING $170,000 FROM THE UNAPPROPRIATED SETTLEMENT PROCEEDS FROM GULFTERRA ENERGY PARTNERS, L.P. IN CITY HALL CIP FUND 3160; TRANSFERRING $170,000 TO AND APPROPRIATING IN GENERAL FUND 1020 LEGAL SERVICES FOR PROFESSIONAL SERVICES TO OBTAIN COMPENSATION FROM PIPELINE COMPANIES FOR USE OF CITY PROPERTY; AMENDING 2003-04 CAPITAL BUDGET ADOPTED BY ORDINANCE 025647 TO INCREASE APPROPRIATIONS BY $170,000; AMENDING FY 2004-05 OPERATING BUDGET ADOPTED BY ORDINANCE 025878 TO INCREASE APPROPRIATIONS BY $170,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $50,000 is appropriated from the unappropriated settlement proceeds from the Gulfterra Energy Partners, L.P. in City Hall CIP Fund No. 3160 and transferred to and appropriated in General Fund Legal Services for legal services related to obtaining fair compensation from pipeline companies for use of City property. SECTION 2. That $120,000 is appropriated from the unappropriated settlement proceeds from the Gulfterra Energy Partners, L.P. in City Hall CIP Fund No. 3160 and transferred to and appropriated in General Fund Legal Services for professional pipeline location services related to obtaining fair compensation for use of City property. SECTION 3. That the FY 2003-04 Capital Budget adopted by Ordinance 025647 is amended to increase appropriations by $170,000. That the FY 2004-05 Operating Budget adopted by Ordinance No. 025878 is amended to increase appropriations by $170,000. SECTION 4. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ., 2004. ATTEST THE CITY OFCORPUS CHRISTI Armando Chapa Ci~ Secretary Approved: August 18, 2004 Lisa Aguila~' Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scot[ CITY COUNCIL AGENDA MEMORANDUM August 24, 2004 AGENDA ITEM: Item A: Ordinance authorizing the C~ Manager, or designee, to execute a one-year lease amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of City property (Art Museum of South Texas building) in consideration of Lessee operating the museum for the benefit of the public and to further public appreciation of art; providing for severance; providing for publication; and declaring an emergency. Item B. Ordinance authorizing the City Manager, or designee, to execute a thirty-year lease amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Chdsti Art Foundation, now the South Texas Institute for the Arts, Inc. (~Lessee") for use of City property (Art Museum of South Texas building) in consideration of Lessee operating the museum for the benefit of the public and to further public appreciation of art; providing for severance; and providing for publication. ISSUE: On March 19, 1996, the City Council authorized a ten year lease to the Corpus Christi Art Foundation, now known as the South Texas Institute for the Arts, Inc. (STIA) for lease of the Art Museum of South Texas building. STIA is ready to proceed with expansion of the Art Museum. STIA also requests a lease of a thirty year term. Both changes require Council approval. REQUIRED COUNCIL ACTION: Approval of the ordinances to amend the current lease to allow for the improvements and extend the term. PREVIOUS COUNCIL ACTION: The Corpus Christi Art Foundation constructed the Art Museum of South Texas building and conveyed it to the City. The City Council authorized the lease of the Art Museum to the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc., continuously since the original lease dated February 18, 1970 through the most recent lease dated March 19, 1996. The lease allows for STIA to make structural alterations to the museum upon written approval of the City Council. On November 30, 1999, the South Texas Institute for the Arts made a presentation to Council regarding proposed expansion to the museum. At that time, the Council approved a motion to direct staff to work with STIA to draw the boundaries of the property needed for the expansion. On November 21, 2000, STIA made a presentation to Council regarding the plans from the Legaretta y Legaretta architecture firm in Mexico City to expand the facility by approximately 22,000. FUNDING: CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinances as presented. BACKGROUNDINFORMATION The mission of the South Texas Institute for the Arts is to operate educational facilities and an art museum which advances the awareness and enjoyment of visual and performing arts. In 1970, the Corpus Chdsti Art Foundation constructed the Art Museum of South Texas building and conveyed it to the City. The City Council authorized the lease of the Art Museum to the Corpus Christi Art Foundation, now/he South Texas Institute for the Arts, Inc., continuously since the odginal lease dated February 18, 1970. In 1997 the Art Museum of South Texas (AMST), Creative Arts Center, and Center for Hispanic Arts came together to form the South Texas Institute for the Arts (STIA). This organization continues the AMST's affiliation with Texas A&M University - Corpus Christi. The STIA is now the standard bearer for the arts in the Coastal Bend. Because of this merger, STIA's outreach capabilities increased tremendously, and almost 50 years of arts programming experience was brought together. November 21,2000, Mr. John Dykema, President of the STIA Board of Trustees, gave a presentation to Council. Presentation showed the design from the Legaretta Y Legaretta Architecture Firm from Mexico City. The Museum's existing facility was 26,000 square feet and the new facility will bdng an additional 26,000 square feet. Page 1 of 2 ORDINANCE AUTHORI~NG THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A ONE YEAR LEASE AMENDMENT TO THE ART MUSEUM OF SOUTH TEXAS LEASE DATED MARCH 19, 1996 WITH THE CORPUS CHRISTI 'ART FOUNDATION, NOW THE SOUTH TEXAS INSTITUTE FOR THE ARTS, INC. ("LESSEE") FOR USE OF CITY PROPERTY (ART MUSEUM OF SOUTH TEXAS BUILDING )IN CONSIDERATION OF LESSEE OPERATING THE MUSEUM FOR THE BENEFIT OF THE PUBLIC AND TO FURTHER PUBLIC APPRECIATION OF ART; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING ANEMERGENCY. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a one-year Lease amendment to the Art Museum of South Texas Lease Agreement dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. (~Lessee') for the use of City property (Art Museum of South Texas Building) in consideration of Lessee operating the museum for the benefit of the public and to further public appreciation of art. A copy of the Lease including the exhibits that are attached to and incorporated into the Lease Amendment is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or fn/e Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ., 2004. H:~LEG-DIR'J~a~)RD3~Augu~t 17 2004 A,'t Mu~um ONE y~a- lease.doc Corpus Chdsfl, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff Page I of 2 ORDINANCE AUTHORIZING THE cl'rY MANAGER, OR DESIGNEE, TO EXECUTE A THIRTY YEAR LEASE AMENDMENT TO THE ART MUSEUM OF SOUTH TEXAS LEASE DATED MARCH 19, 1996 WITH THE CORPUS CHRISTI ART FOUNDATION, NOW THE SOUTH TEXAS INSTITUTE FOR THE ARTS, INC. ("LESSEE") FOR USE OF CITY PROPERTY (ART MUSEUM OF SOUTH TEXAS BUILDING ) IN CONSIDERATION OF LESSEE OPERATING THE MUSEUM FOR THE BENEFIT OF THE PUBLIC AND TO FURTHER PUBLIC APPRECIATION OF ART; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I. The City Manager, or designee, is authorized to execute a thirty year Lease amendment to the Art Museum of South Texas Lease Agreement dated Mamh 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for the use of City property (Art Museum of South Texas Building) in consideration of Lessee operating the museum for the benefit of the public and to further public appreciation of art. The lease contains a provision for a second thirty-year term. A copy of the Lease Amendment including the exhibits that are attached to and incorporated into the Lease Amendment is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3, of the City Charter, the Lease and Use Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a ten'n of ten (10) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charier of the City of Corpus Christi. H:~EG-DIR~_isa~ORD3~,ugus{ 17 2004 Art Museum Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the __ day of__, 2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED on the ATTEST: ,2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott __day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO LEGAL FORM Lisa Aguilar ~/) Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 8 CITY COUNCIL AGENDA MEMORANDUM City Co~ncll Action Date: August 17, 2004 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Memorandum of Understanding be[ween Del Mar College District and the City of Corpus ChdsU to agree to enter into an Intedocal Agrccment in the amount of $165,445 to provide professional services to facilitate economic development by providing technical assistance to p~vate, for profit businesses who are creaang or retaining jobs in Corpus Chdsti. An adinance deleting Division 12, Business Resource Center S~,~_..,'ing Committee from Chapter 2 of the Code of Ordinances; Amending Chapter 2 of the Code of Ordinances to establish the Small Business Advisory Cornrnittee; Providing for severance; and providing for publication. ISSUE: With CDBG Funds, the City of Corpus ChrlsU established the Busin,=~_~ Resource Center In October 2002. which located the City's Business Resource Center (formerly Minority Business Opp<xtunity C4xnmittee), I~nority Bus~e~___ Development Center (MBDC). Wc=,~ide Business Association, Black Chamber of Commerce. and Plspanlc Contractors Assodation in one Iocaflo~ at 400 S. Padre Island Ddve In order to create a 'one-stop shop" for small business. The main focus of the oenter has been to serve ~ a deadnghcxJse of govemmont procurement InformalJon and provide procurement technical assistance to busl _r~e~__~es. In 2003, MBDC vacated the center due to limited funding. Eerller this y~ar, $171,181 of CDBG funds was appropriated i=or 2004-2005 for the Business Resource Center_ With small businesses needing more outreach a3d assistance, ~ agreement with Det Mar~was negotiated to enhance the services cun'entiy provided by Dei Mar College - Small Business Development Center (SBDC) and locate the BRC tenants to a permanent, more accessible and vtsll::4e iocaUon ~ S~DC. As I:resented a~ the July 27 City Counctl Meeting, through an Interlocal agreement. Del Mar Co{lege will provide the foilowlng se~'vlce~ k3 private, for-profit businesses: accounting technical assistance, business ptanning, loan pact~aglng, marketing planning, legal services, outreach to Historically UndenJtil[zed Businesses, procurement assistance, tachnlcal assistance, access to plans and plan review areas, use o~ plotter and copier, workshops and seminars, access to computer laboratories, business mentoring, netwoddng opportunities, in addiflun, Del Mar Cotiege v~ll provide oifice spac~ for supporl~ no~-proflt organizations Ihat co~tdbute to the eccmornic development In Corpus Christi including; ACCION Texas, Westside Business Association, Hispanic Contractors AssociaUon, and the Black Chamber of Commerce. The Memorandum of Undemtandlng, which states that Dei Mar College and the City will enter into an Intedocal Agreement by October 31,2004 to provide these services beginning March 15, 2005 was approved by the Del Mar Board of Regents on August 10, 2004. B. Business Resource Center Steering Committee was established In 2002 as the governing body for the Business Resource Center. At lis quarterly meeting held June 3, Ihe committee unanimously approved ~e concept ~ cenbactJng with Del Mar Coilegeto provide businesses with technical assistance and counseling needed to start and expand. On July 1, the commi~ee agreed to deleting the Business Resource Center Steering Committee and establishing the Small Business Advisory Committee, Active Business Resource Center Steering Committee Members and other citizens who have submitted biographical Infen'natJen forms will be recommended for nomlnaflen to the Small Business Advisory Committee at a future council meeting. REQUIRED COUNCIL ACTION: Passage o[ motion and ordinance. PREVIOUS COUNCIL ACTION: July 27, 2004 C~JnC~l action approving the co~tract w~th ACCION Texas [o provide small business loans and presentatiof~ o[ the proposed agreement with Del Mar College. CONCLUSION AND RECOMMENDATION: Passage of motion and ordinance. Assistant City Manager AN ORDINANCE DELETING DIVISION 12, BUSINESS RESOURCE CENTER STEERING COMMITTEE FROM CHAPTER 2 OF THE CODE OF ORDINANCES; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ESTABLISH THE SMALL BUSINESS ADVISORY COMMI'I-rEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 2, Article IV, Division 12, Business Resource Center, is deleted as follows: DIVISION 12. BUSINESS RESOURCE CENTER STEERING COMMI'I-FEE Sec. 2 140. Establishment. There is hereby established tho "Business Resource Center Committee" (committee) which shall consist of a minimum of nine (9) members and not more than fifteen (15) members. The members of the committee shall bo appointed by tho city council. Tho committee shall have the guidance and assistance of the director of community development. Thc members of tho committcc shall serve without cempcncation. Soc. 2 141. Membership, terms, and quorum. (a) The committee shall bo composed of a minimum of 1) three (3) representatives from federal, state, and local government agencies, 2) one (1) representative from the city chamber of commerce, 3) one (1) representative from the city black chamber of commerce, ,1) one (1) representative from the city hispanic chamber of commerce, and 5) three (3) representatives from the private sector representing major employom with substantial contracting capabilities. A representative from the minority business development center and a representative of the small business administration shall serve as advisory members to the committee. Thc mayor and tho county judge shall serve a~ ex officio members of the committee. (b) Members of the committee may bc appointed from within or without thc city and shall be appointed for terms of three (3) years coincident with the city fiscal year. Terms shall be staggered so that no more than one third (1/3) of the terms expire in any one city fiscal year. The term of each member shall continue until a cuccesser is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. A vacancy shall be filled for the unexpired term in tho same manner in which appointmcnts are required to be made. Any member may be removed by tho city council for cause. Thc term for members of the advisory committee shall be three (3) years. Ex officio members shall serve while holding the office of mayor or county judge. July 27 Business Resource Center Small Business Adv Comm~ees. DOC 2 (c) A majority of the members of tho committee shall constitute a quorum. Tho concurring vote of a majority of those present, but not less than one third (1/3) members shall bo required for making a decision. Sec. 2 142. Organization. (a) The chair and vice chair of the committee shall be elected by tho members at thc first regular meeting of each fiscal year. Thc chair and vice chair shall serve for a term of one (1) year. If a vacancy occurs in either position, a replacement shall bc elected by the members at the next regularly scheduled meeting of the committee. (b) The committee shall keep minutes of its meetings and activities and fumish a copy of tho minutes to tho mayor, city council, city manager, city secretary and director of community development within fifteen (15) days of the meeting or activity. The 6ommittoo may promulgate rules and procedures for tho proceedings of the business resource center small business advisory committee and may amend thc camo from time to time. The committee shall meet at least once each quarter and may meet more frequently as determined by a concurring vote of at least eight (8) members of tho committee. (c) Subcommittees composed of committee members may bo appointed by thc chair and utilized to perform certain projects related to increasing opportunities for small businesses. Tho chair, with advice and consent of the city council, may call upon individuals from throughout the community to assist the committee or its subcommittees in the analysis of items being considered by the committee. (d) There is hereby created the office of business recourse center executive director. The holder of such office shall be an employee of the city under the supervision of the director of community development. The business resource center executive director shall provide the necessary administrative and clerical support so that the committee can expeditiously carry out its duties. Soc. 2 143. Purpose and duties. (a) The purpose of tho business resource center program steedng committee is to assist with the coordination of business resource center committee activities; to serve as a focal point for the communication, delivery, and negotiation of mutually beneficial approaches for business opportunities for minority, small, disadvantaged, and micro enterprise businesses; and to ensure maximum opportunities for small businesses to participate in thc economic mainstream of the city. (b) The business resource center committee shall establish policies which aid the business resource center committee executive director in tho implementation of tho local business resource center committee program. The policies shall assist the executive director to accomplish the following tasks: (1) Develop program parameters, identify potential projects, and determine support JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMITTEES,DOC (2) Recruit federal, state, local and pdvate sector officials as business resource center committee members. (3) Identify economic opportunities, and where possible, develop specialized approaches for small businesses to take advantage of those opportunities. (4) Where possible, coordinate and assist governmental units at all levels to improve outreach to small businesses. (5) Organize and coordinate business resource center committee subcommittees and task forces. (6) Ensure adequate business resource center committee outreach to federal, state and local governments, and the pdvate sector. (7) Provide contaot, liaison, and follow up with local and business resource center committee agencies. (8) Identify and dcvolop methods to overcome barriors in thc areas of financing, managemont and marketing by coordinating ~,,4th educational, financial, and markoting institutions and the private r, cctor to make small businosses self sufficient. (9) Oversee or propare busincss resourco ocnter committee reports. (10) Provide liair, on and outreach to the small business community with the minority business development center and other community organizations. Soc. 2 144. Sunset provisions. In the event of nonappropriation of funds for the operation of the committee, the committee shall bo dissolved and tho office of executive director and any support staff positions shall bo deleted. Sees. 2 145 2 149. Reserved. SECTION 2. That all references in the Code of Ordinances to ordinances regarding "Business Resource Center" are deleted. SECTION 3. That the Code of Ordinances, Chapter 2, Article IV, Division 12 is amended with addition of the following: DIVISION 12. SMALL BUSINESS ADVISORY COMMI'I-i'EE Sec. 2-140. Establishment. There is hereby established the "Small Business Advisory Committee" (Committee) which shall consist of a minimum of nine ('9) members and not more than fifteen (15) members. The members of the Committee shall be appointed by the city council. The JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMI~rEES.DOC 4 Committee shall have the quidance and assistance of the director of economic development The members of the Committee shall serve without compensation. Sec. 2-141. Membership, terms, and quorum. (al The Committee shall be composed of the followinq individuals: 1. One (1) representing Texas A&M University-Corpus Christi 2. One (1) representinq Del Mar College 3. One (1) representinq Coastal Bend Workforce Development Corporation 4. One (1) representinq the Corpus Christi Hispanic Chamber of Commerce 5. One (1) representinq the Corpus Christi Chamber of Commerce 6. One (1) representinq the Black Chamber of Commerce 7. Two (2) representinq small business service providers 8. Three (3) representinq business associations 9. Four (4) representing small business owners havinq less than 50 employees (b) Members of the Committee may be appointed for terms of two (2) years coincident with the cit'¢ fiscal year. Terms shall be staqqered so that no more than one-half (1/2) of the terms expire in any one city fiscal year. The term of each member shall continue until a successor is appointed, subject to limitations of the City Charter or a term limitation established by ordinance. A vacancy shall be filled for the unexpired term in the same manner in which appointments are required to be made. Any member may be removed by the city council for cause. (c) A majority of the Committee members shall constitute a quorum. The concurrinq vote of a majority of those present, but not less than one-half (1/2) members shall be required for makinq a decision. Sec. 2-142. Orqanization. (a) The chair and vice-chair of the Committee shall be elected by the members at the first regular meeting of each fiscal year. The chair and vice-chair shall serve for a term of one (1) year. If a vacancy occurs in either position prior to the end of a fiscal year, a replacement shall be elected bv the members at the next regularly scheduled meetinq of the Committee to serve in the position for the remaininq term. (b) The Committee shall keep minutes of its meetinqs and activities and furnish a copy of the minutes to the Mayor, City Council, City Manager, City Secretary and Director of the Economic Development Office within fifteen (15) days of the meetinq or activity. The Committee shall meet at least once each quarter and may meet more frequently as JULY 27 BUS~NESS RESOURCE CENTER SMALL BUSINESS ADV COMM['Iq'EES.DOC determined by a concurrincl vote of a maiority of those present, but not less than one- half (1/2) of the Committee members. (c) Subcommittees composed of Committee members may be appointed by the chair and utilized to per[orm certain projects related to increasin~l opportunities for small businesses. The chair, with advice and consent of the city council, may call upon individuals from throuclhout the community to assist the Committee or its subcommittees in the analysis of items beinq considered by the Committee. (d) The director of the Economic Development Office shall provide the necessary administrative and clerical support to the Committee to carry out its duties. Sec. 2-143. Purpose and duties. The purpose of the Committee is to advise and recommend contracts for business related services and proqrams to create, sustain, and expand minority, small, and disadvantaqed busineses; and to serve as a focal point to communicate approaches for the development, retention, and expansion of minority, small, and disadvantaaed businesses. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. JULY 27 BUSINESS RESOURCE CENTER SMALL BUSINESS ADV COMMITTEES DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the A"FI'EST: ,2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott __ day of ,2004. Armando Chapa City Secretary APPROVED: ~ %. Lisa Aguilar~~'~¢ Assistant City Attorney for City Attorney ,2004 Samuel L. NeaI, Jr. Mayor 6 July 27 Business Resource Center Small Business Adv Committees DOC 9 AGENDA MEMORANDUM City Council Action Date: Auclust 17, 2004 AGENDA ITEM: An ordinance amending Section 19-1 of the Code of Ordinances relating to definitions; enacting subsections 19-3.1, 19-3.2, 19-3.3, 19-3.4, and 19-3.5 relating to inspection results placards; providing for penalties; providing for severance; providing for an effective date; and providing for publication. ISSUE: It is proposed that the Code of Ordinances be amended to establish a ratings system for restaurants. This system would allow restaurants receiving two consecutive health inspection scores of 90 or more with no critical violations to be issued a placard including an "A° letter grade for public display. The proposed ordinance sets procedures for the issuance, reissuance, suspension, removal, and revocation of the inspection placard, and provides for penalties for removal or improperly displaying a health inspection placard. The proposed ordinance has bccn reviewed by the Food Service Advisory Committee and has received its endorsement. REQUIRED COUNCIL ACTION: Approval of the amendment to Section 1 9-1 and 19-3 of the Code of Ordinances. PREVIOUS COUNCIL ACTION: None FUNDING: No fiscal impact. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the amendments to Section 19-1 and 19-3 of the Code of Ordinances. Director of Public Health BACKGROUNDINFORMATION It is proposed that the Code of Ordinances be amended to establish a ratings system for restaurants. This system would allow restaurants receiving two consecutive health inspection scores of 90 or more with no critical violations to be issued a placard including an "A" letter grade for public display. The proposed ordinance sets procedures for the issuance, reissuance, suspension, removal, and revocation of the inspection placard, and provides for penalties for removal or improperly displaying a health inspection placard. The proposed ordinance has been reviewed by the Food Service Advisory Committee and has received its endorsement. It is expected that this ordinance would provide restaurants with an incentive to improve sanitation by rewarding those with consistently high inspection results with a publicly displayed placard which recognizes their high level of achievement. Consumers could also benefit by easily being able to identify restaurants meeting high health standards. Similar ratings systems have been established by other municipalities end have been well received by the public and the food service industry. AN ORDINANCE AMENDING SECTION 19-1 OF THE CODE OF ORDINANCES RE- LATING TO DEFINITIONS; ENACTING SUBSECTIONS 19-3.1, 19-3.2, '19-3.3, 19-3.4, AND '19-3.5 TO ESTABLISH A RESTAURANT RATING SYSTEM; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 19-1 of the City Code of Ordinances is amended by revising the language to read as follows: "Sec. 19-1. Definitions. "The following definitions she!! apply in the interpretation and enforcement of this chapter: "City health officer: City Health Officer means Tho diroctor of public health or the appointoc of the director of public health, the Director of Public Health or the Director of Public Health's desiqnee. "Cleadv visible means posted in the front window of the food establishment within five feet of the front door. posted in a display case mounted on the outside front wall of the food establishment within five feet of the front door, or posted in a loca- tion as directed and determined in the discretion of the City Health Officer to en- sure proper notice to the Qeneral public and to patrons. "Critical violation means any four or five-point violation as noted on an inspection report. "Food establichmont: Food establishment means .~y any place where food is pre- pared and intended for individual portion service, and includes including the site at which individual portions are provided, reqardless of whether consumption is on or off the premise and whether there is a chame for the food. The term includes any such place rogardloss of whether consumption is on or off the premises and re gardloss of whother there is a charge for tho food. The term also includes dolica tessen type operations that propare sandwichos intended for individual portion cer vice. The term does not include private homes where food is prepared or served for individual family consumption, consumption; a private group preparing and serving food for its own consumption, consumption; food vending machines, machines; and supply vehicles. "Health officer: means The director of public health or the c~ health officer, v,~nich terms may be used interchangeably, and shall be conctrucd to include any of hi------------------~h o r assist.3nts, deputies, inspoctors, sanitarians, or any other official reprecen tative of the departmont of public health. "Health Officer means the Director of Public Health or the City Health Officer, which terms ma,/be used interchangeably, and includes any assistants, deputies, in- spectors, sanitarians, or other official representatives of the Department of Public Health. "Health permit: Health permit means A a permit to be provided to each food estab- lishment, such as a food service establishment, temporary food service estab- lishment, food processing establishment, retail food stere store, or mobile food unit upon payment of a the applicable fee and the mecting of the vadous inspections necessary, and dofined within this chapter, compliance with the inspection reauire- ments and provisions stated in this chapter pdor to commencement or continuation of the food operation. "inspection report means the written results of a routine inspection conducted by a Health Officer of a food establishment in the Ch'v. "lns~%'tion results placard means a wdtten document issued and posted by a Health Officer which provides to the public information concemincl the inspection report and ratine score of the particular food establishment for which it is issued. "Permanent fixed-site food establishment means a structure or portion of a structure in which is located a non-mobile, non-temporary, food service establishment such as a restaurant or delicatessen for which a health permit has been issued. "Ratine score means the numerical percentaqe result of a routine inspection of a food establishment as reported on the inspection re~ort. "Routine inspection means a periodic, unannounced inspection of a food establish- ment conducted by a Health Officer in order to determine compliance with appli- cable federal, state, and local laws, ordinances, rules, requlations, and directives relatinq to public health, safeb/, and sanitation. A routine inspection does not mean an inspection conducted by a Health Officer to determine compliance with a pre- viously issued inspection report or any intedm inspection conducted to determine compliance with specific laws, rules, re~ulations, or directives applicable to food establishments. "Secondary inspection means an inspection of a food establishment conducted by a supervisory Health Officer to determine whether the results of an inspection report support suspension of a current inspection results 31acard and removal of a previously posted inspection results placard.' SECTION 2. Subsection 19-3.1 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.1. Inspection Results Placard. "(a) A Health Officer shall issue an inspection results placard followinQ the completion of two routine inspections of a permanent fixed-site food establishment if the ratinq score of the food establishment meets or exceeds a ratinq score of at least 90 with- out any cdtical violations noted on the inspection reports for the first and second inspections. For purposes of the issuance of an inspection results placard, a food establish- ment that achieves a ratin(~ score of 90 or above in accordance with the standards set out in subsection (a) of this section shall be accorded a letter qrade of "A" on the inspection results placard. "(c) An inspection results placard must show the name and address of the food estab- lishment for which it is issued, be approximately 8% inches by 11 inches in size, include an "A" letter (~rade, indicate the date of the most recent routine inspection, and contain the siqnature of the issuin(~ Health Officer. "(d) Upon issuance of an inspection results placard, a Health Officer shall post the in- spection results placard at the food establishment so as to be clearh/visible to the general public and to patrons entedn(3 the food establishment." SECTION 3. Subsection 19-3.2 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.2. Term; Relesuance; Suspension and Removal. An inspection results placard issued for a food establishment remains valid until a Health Officer completes the next routine inspection of the particular food estab- lishment or the food establishment's health permit is ordered suspended or revoked by a Health Officer under this chapter or State law. "(b) A food establishment that achieves a ratinq score of 90 or above without any cdtical violations noted on the inspection report upon completion of the next routine in- spection followincl the issuance of an inspection results placard will be issued a cur- rent inspection results placard that meets the requirements of Section 19-3.1(c). "(c) In the event that a food establishment achieves a rating score of 85 to 89 withou~ any cdtical violations noted on the inspection report upon completion of any routine inspection followinq the issuance and posting of an inspection results placard, the Health Officer conductinq the inspection shall suspend the issuance of a current inspection results placard, remove the inspection results placard previously posted for the food establishment, and inform the ownedmanager that the food establish- ment is eligible for a secondary inspection. "(d) In the event that a food establishment achieves a ratinq score of 84 or below upon completion of any routine inspection followinq the issuance and posting of an in- spection results placard, the Health Officer conductinq the inspection shall revoke and remove the inspection results placard previously posted for the food establish- ment. A food establishment that achieves a ratinq score of 84 or below under this subsection is not eliqible for a secondary inspection." SECTION 4. Subsection 19-3.3 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.3. Secondary Inspection. "(a) A food establishment that has had an inspection results placard removed under Section 19-3.2(c) may request a secondary inspection of the food establishment. A re(~uest for a secondary inspection must be in writinq and be delivered or electroni- cain transmitted to the Depadment of Public Health within two workinq days of the conclusion of the routine inspection dudnq which the inspection results placard was removed. "(b) Upon proper receipt of a request for a secondary inspection from a food establish- ment, a secondary inspection mav be performed by a supervisory Health Officer within five workinq days. "(c) Upon the conclusion of a secondary inspection, the Health Officer conductinq the inspection shall determine whether or not the results of the routine inspection report do or do not support the issuance and postinq of an inspections results placard. If, upon the conclusion of the secondary inspection, the Health Officer determines that the results of the routine inspection report do not support the suspension of a current inspection results placard and the removal of a previously posted inspection results placard, the Health Officer shall issue and post a current inspection results placard for the food establishment. "(e) If, upon the conclusion of the secondary inspection, the Health Officer determines that the results of the routine inspection report support the suspension of an inspec- tion results placard and the removal of the previously posted inspection results placard, the Health Officer shall revoke the inspection results placard previously posted at the food establishment. In making the determination followinq the completion of the secondary inspection, the Health Officer may evaluate whether or not the occurrence of the violations cited in the routine inspection report was beyond the reasonable control of the ownedmanaqer of the food establishment, such as a power failure or water shod- aqe caused by no fault of the ownedmanaqer or an act of nature, such as a flood. "(1) The occurrence of a violation determined by the Health Officer to have been beyond the reasonable control of the owner/manaqer of the food establishment constitutes reasonable qrounds to support the issuance and posting of a cur- rent inspection results placard. "(2) The occurrence of a violation cited in the routine inspection report that is deter- mined to have been beyond the reasonable control of the owner/manaqer upon the conclusion of a secondary inspection must be noted by the Health Officer in a supplementary report." SECTION 5. Subsection 19-3.4 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.4. Revocation of Inspection Results Placard. "fa) A food establishment that has had an inspection results placard revoked under Section 19-3.2('d), Section 19-3.3(e), or that did not re(~uest a secondary inspection in accordance with the provisions in Section 19-3.3(a) must meet the re<~uirements of Section 19-3.1 in order to be issued a current inspection results placard. The suspension or revocation of a health permit issued to a food establishment under this chapter is an automatic revocation of anv inspection results placard issued under Section 19-3, and a Health Officer shall remove anv inspection results placard posted at the food establishment." SECTION 6. Subsection 19.3.5 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.5. Penalties. No person may remove, obscure, or deface an inspection results placard posted by a Health Officer. The prohibition contained in this subsection does not applv to a government official actinq under proper authority in the performance of qovem- mental duties. "lb) No person may display or have posted at a food establishment an inspection re- suits placard not properly issued by a Health Officer in accordance with Sec- tion 19-3. A violation of any provision of Section 1 9.3 is a violation of an ordinance qoveminq @ublic health and sanitation. Any person found in violation of anv provision of Section 19-3 may be punished by a fine not to exceed $2,000. Each day a violation of any provision of Section 19-3 continues constitutes a separate violation. "(d) A violation of any provision of Section 19-3 is a stdct liabilib/offense. There is no need to prove that the person had an intent to violate the provision. "(e) No provision in Section 19-3 may be construed to permit a food establishment to deviate from the requirements of this chapter or allow a food establishment to fail to adhere to all federal, State, and local laws, ordinances, rules, requlations, and directives applicable to the operation of food establishments in this Cib/.' SECTION 7. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as stated in subsection 19-3.5 of this ordinance. SECTION 8. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this Ordinance be given full force and effect for its purpose. SECTION 9. This ordinance is effective September 1, 2004. SECTION 10. Publication of this ordinance is to be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi, Texas. H:~_EG-DIR~lizabeth'~3ef~t Files'EH Ordinancas'~EHordl50.doc Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the ATFEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Assi~ C' y Attorney for the City Attorney Samuel L. Neal, Jr. Mayor ,20O4 10 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 24, 2004) Case No.: 070401, L. J. Kuan and Terry Mergele: A change of zoning from a "B-I" Neighborhood Business District to a "B4" General Business D~striet. The property is m Koolside, Block 9, Lot 15, located on the west side of Airline Road and 300 feet north of Lure Avenue. Planning Commission and Staff's Recommendation (07/14/04): Denial of the "B4" Disa-ict, and m lieu thereof, approval ofa "B-I" Neighborhood Business District with a Special Pcm.;t subject to ten (10) conditions and site plan. Retmested Council Action: Denial of the "B4" District, and in lieu thereof, approval ofa "B-I" Neighborhood Business District with a Special Permit subject to ten (10) conditions, site plan, and adoption of the attached ordinance. Purl~ose of Request: For auto sales facility. Summa~': · Applicant requesting a change of zoning from "B-I" Neighborhood Business Dislrict to "B4" General Business Dis~ict in order to operate a used auto sales facility. The subject property is located along an arterial, Airline Road, with access to a local residential street, Lum Avenue. The proposed auto related use classified as a general busmess use, as well as pernutted neighborhood business uses could traverse the residential neighborhood fronting along Lure Avenue. · The vacant commercial building will be retained and utilized as the auto sales office. In October 1990, a comprehensive rezoning occurred on the subject property and all prolxa'ties along the west eomdor of Airline Road fi.om Lure Avenue to McArdle Road. The rezoning changed the designation of properties along the comdor to a "B-l' District, in order to eliminate numerous Special pernuts that were approved for "B-l" District uses in a "R-lB" District. It was determine through staff analysis that the study area be rezoned a "B-l" District instead ofa "B4" District, in an effort to protect the adjacent residential neighborhoods from incompatible uses allowed in the "B-4" District, i.e. bars, taverns and auto repair uses. January 2001, City Council directed staff to develop a Special Pc~nfit in a "B-I" District for an auto sales use 1,300 feet south of the subject property and Gollihar Road. A Special perrmt was considered due to the applicant's willingness to restrict the property to conditions such as, maximum number of vehicles for sale, landscaping, hours of operation, screening, elimination of speaker system, directional lighting away from the residential area and no on-site repair work. The requested "B-4" General Business District is inconsistent with the adopted land use map. However, a Special Pexnfit could be considered for the auto sales facility with development criteria that would protect the adjacent residential and park uses. Agenda Memorandum August 24, 2004 Case No. 0704-01 (L. J. Kuan and Terry Mergele) Page 2 · Planning Commission and Staffrecommended the following ten (10) conditions: USE: The only use authorized by this Special Pen'mt other than the basic "B-I" Neighborhood Business Dis~ct permitted uses is a retail automobile sales use. No on-site repair work of any type may be performed. 2. AUTO SALES: The auto sales use is limited to no more than fourteen (14) vehicles for sale at one time. 3. PARKING: Two (2) off-street parking spaces are to be designated for employee/customer parking use. 4. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of ways. 5. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. SCREENING OF ROOF AIR CONDITION SYSTEM: Screen air condition system from the public-right -away with material like or similar to the existing exterior building. 7. HOURS OF OPERATION: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 8. SCREENING: A standard screening fence with a height of not less than six (6) feet must be located and maintained along the west property line. LANDSCAPING: A landscaping strip not less than five (5) feet in width must be provided in accordance with the attached site plan. All landscape material must be kept in a healthy and growing condition at all times. Ail landscape material must be installed before a certificate of occupancy is issued. 10. TIME LIMIT: This Special Permit shall be deemed to have expired w/thin one (1) year of the date of this ordinance unless the property is being used as required in each of the above conditions and a Certificate of Occupancy has been obtained. Al}nlicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notilieation: Of the fifteen notices mailed to the surrounding property owners, none were returned in favor and one (1) was returned in opposition. One (1) notice was returned in opposition from outside the notification area. The 20% rule Is not invoked. This case is considered noncontroversial. Assistant Director of Development Services MNG/FGM/er Agenda Memorandum August 24, 2004 Case No. 0704-01 (L. J. Kuan and Terry Mergele) Page 3 Attachments: 1) Zoning Report 2) Planning CommJssion Minutes 3) Ordinance H:~P LN-DIR~ERMA\WORD~AGENDMEM~004\0704-01 AGENDAMEMO.DOC CI'TY COUNCI'L ZONTNG REPORT Case No.: 0704-01 Planning Commission Hearing Date: July 14, 2004 Applicant: L.J. Kuan and Terry Mergele Owner: Same as applicant Agent: Clower and Company Legal Descriplion/Location: Koolside, Block 9, Lot 15, located on the west side of Airline Road and 300 feet north of Lure Avenue From: "B-I" Neighborhood Business Dislrict To: "B4" General Business District Area: 0.24 acre (10,429 square feet) Purpose of Request: Used auto sales facility Zoning Existing Land Use Site "B-I" Neighborhood Vacant commercial Business District building North "R-lB" Single-family residential, One-family Dwelling District park and church South "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District East "R-lB" One-family Dwelling District West "R-lB" One-family Dwelling District Fast food restaurant, legal non-conforming bar, legal non-conforming auto repair shop, single-family residential and office Single-family residential and church Park Future Land Use Neighborhood commercial Low-density residentml, public/semi-public use and park Neighborhood commercial and low-density residential Low-density residential and public/semi public use Park Zomng Report Case No. 0704-01 (L. J. Kuan and Terry Mergele) Page 2 Area Development Plan: Southeast - The requested "B-4" District is not consistent with the adopted Southeast Area Development Plan. A Special P~mdt could be developed with conditions that would protect the adjacent residential and park uses. Map No.: H16B Zoning Violations: None Applicant requesting a change of ZOlxing from "B-I" Neighborhood Business District to "B.-4" General Business District in order to opexate a used auto sales facility. The subject property is located along an arterial, Airline Road, with access to a local residential street, Lure Avenue. The proposed auto related use classified as a general business use, as well as perrmtted neighborhood business uses could traverse the residenhal neighborhood fronting along Lum Avenue. The vacant commercial building will be retained and utilized as the auto sales office. In October 1990, a comprehensive rezoning occurred on the subject property and all properties along the west comdor of Airline Road from Lure Avenue to McArdle Road. The rezoning changed the designation of properties along the corridor to a "B-I" District, in order to eliminate numerous Special pertmts that were approved for "B-I TM District uses in a "R-lB" District. It was determine through staff analysis that the study area be rezoned a "B-I" District instead of a "B4" District, in an effort to protect the adjacent residential neighborhoods from incompatible uses allowed in the "B4" District, i.e. bars, laverns and auto repair uses. January 2001, City Council directed staff to develop a Special penmt in a "B-I" District for an auto sales use 1,300 feet south of the subject property and Golhhar Road. A Special Permit was considered due to the applicant's willingness to restrict the property to conditions such as, maximum number of vehicles for sale, landscaping, hours of operation, screening, eliimnation of speaker system, directional lighting away from the residential area and no on-site repair work. The requested "B-4" General Business District is inconsistent with the adopted land use map. However, a Special Permit could be considered for the auto sales facility with development criteria that would protect the adjacent residential and park uses. ZonSng Report C~se No. 0704-01 ( L. J. Kuan and Terry Mergele Page 3 Shaffmet with the applicant to develop a site plan and conditions for an auto sales use. Conditions of the Special Permit are: 1. USE: The only use authorized by this Special Permit other than the basic "B-I" Neighborhood Business Dis~ct permitted uses is a retail automobile sales use. No on-site repair work of any type may be performed. 2. AUTO SALES: The auto sales use is limited to no more than fourleen (14) vehicles for sale at one time. 3. PARKING: Two (2) off-street parking spaces am to be designated for employee/customer parking use. 4. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away fi'om the surrounding residences and public rights-of ways. 5. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. SCREENING OF ROOF AIR CONDITION SYSTEM: Screen air condition system fi-om the public-fight -away with material like or similar to the existing exterior building. 7. HOURS OF OPERATION: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 8. SCREENING: A standard screening fence with a height of not less than six (6) feet must be located and maintained along the west property line. 9. LANDSCAPING: A landscaping strip not less than five (5) feet in width must be provided in accordance with the atlached sxte plan. All landscape material must he kept in a healthy and growing condition at all times. All landscape material must be installed before a certificate of occupancy is issued. 10. TIME LIMIT: This Special pen'mt shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used ms required in each of the above conditions and a Certificate of Occupancy has been obtained. Street Airline Road Lum Avenue Type Paved Section Volume (2001) Arterial 80' R.O.W. w/62' Bk. to Bk. 21,930 a.d.t. paved section Local 50' R.O.W. w/28' Bk. to Not available Bk. paved section Subject property is a platted lot. Zoniag Report Case No. 0704-01 ( L. J, Kuan and Terry Mergele Page 4 Applicant concurs with the ten (10) conditions of the Special Permit. Denial of the "B-4" General Business District, and in lieu, approve a "B-I" Neighborhood Business District with a Special Permit subject to ten (10) conditions. Denial of the "B-4" General Business Dis~ict, and in lieu, approve a "B-I" Neighborhood Business l~slrict with a Special perrmt subject to ten (10) conditions. ~ ~ Number of Notices Mailed - 15 ia -~ Favor 0 ia g Opposition - 1 plus 1 outside the notification area ~ ~ (As of August 12, 2004) Attachments: Zoning map Site Plan BRADSHAW DRIVE :2 ST. PlUS DRIVE ;% PlUS DRIVE ALDEN DRIVE O- Z x -- ,_GREEL NORTH 0704-01 - L. J. Kuan and Terry Mergele Request: Change of zomng from "B-1" Neighborhood Business Dislrict to "B4" General Business Dislrict, remitting in a change of land use from neighborhood business to general commercial. Located on the west side of Airline Road and 300 feet north of Lure Avenue. Excerpts from Zoning Report Legal Description/Location: Koolside, Block 9, Lot 15, located on the west side of Airline Road and 300feet north of Lure Avenue Purpose of Request: Used Auto Sales In October 1990, a comprehensive rezoning occurred on the subject property and all properttes along the west corridor of Airline Road from Lure Avenue to McArdle Road. The rezoning changed the designation of properties along the corridor to a "B-I "District, in order to eliminate numerous Special Permiti- that were approved for "B-1 "District uses in a "R-lB" District. It was determine through staff analysis that the study area be rezoned a "B~I "District instead of a "B-4" Distn'ct, in an effort to protect the adjacent residential neighborhoods from incompatible uses allowed in the "B-4" District, i.e. bars, taverns and auto repair uses. January 2001, City Council directed staff to develop a Special Permit in a "B- I "District for an auto sales use 1,300feet south of the subject property and Gollihar Road A Special Permit was considered due to the applicant's willingness to restrict the property to conditions such as, maximum number of vehicles for sale, landscaping, hours of operation, screening, elimination of speaker system, directional lighting away from the residential area and no on-site repair work. The requested "B-4 " General Business District is inconsistent with the adopted land use map. However, a Special Permit could be considered for the auto sales facility with development criteria that would protect the adjacent residential and park uses Area Development Plan: Southeast - The requested "B-4" District is not consistent with the adopted Southeast Area Development Plan. ~ Special Permit could be developed with conditions that would protect the adjacent residential and park uses. Ms. Faryce Goode-Macon, City Planner, provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 15 notices mailed. None were received in favor or opposition. Vice Chatrman Mirns opened the public heanng. Mr. Tim Clower, 415 Starr Street, agent for the applicant, came forward and stated that they agreed with staff on the ten conditions of the special permit. Commissioner Pusley asked Mrs. Goode-Macon if this property was annexed and made non conforming by the annexation. She stated no but was made non-conforming due to a sue change m the zoning ordinance during the 1980's. Mr. Michael Gunmng, Assistant Director of Development Serv/ces stated that Mrs. Barbara Bailey, Director of Development Services had stepped out and was not involved in this case. Planning Commission Minutes July 14, 20~4 Case No. 0704-01 (L. J Kuan and Terry Mergele) Page 2 The public hearing was closed. Mohon was made by Smith and seconded by Amsler to recommend approval w/th staff's recommended ten conditions. Motion passed unanimously. Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY L. J. KUAN AND TERRY MERGELE, BY CHANGING THE ZONING MAP IN REFERENCE TO KOOLSlDE, BLOCK 9, LOT 15, (CURRENTLY ZONED "B-I" NEIGHBORHOOD BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN AUTO SALES LOT SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of L. J. Kuan and Terry Mergele for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 14, 2004, during a meeting of the Planning Commission, and on Tuesday, August 24, 2004, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public heaith, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for an auto sales lot on Koolside, Block 9, Lot 15, currently zoned "B-1" Neighborhood Business District), located on the west side of Aidine and 300 feet north of Lure Avenue, as shown on the attached Exhibit. (H16B) (042037) SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject to a site plan attached as Exhibit A and the following ten (10) conditions: 1. USE; The only use authorized by this Special Permit other than the basic "B-1" Neighborhood Business Distdct permitted uses is a retail automobile sales use. No on-site repair work of any type may be performed. 2. AUTO SALES: The auto sales use is limited to no more than fourteen (14) vehicles for sale at one time. 3. PARKING: Two (2) off-street parking spaces are to be designated for employee/customer parking use. H:~-EG-D~R'd OS E PH~ZONINC-~4~ 704~1SPECIALPERMIT. DOC Page 2 of 4 4. UGHTING: All extedor lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights- of ways. 5. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. SCREENING OF ROOF AIR CONDITION SYSTEM: Screen air condition system from the public-right -away with matedal like or similar to the existing extedor building. 7. HOURS OF OPERATION: The automobiles sales use may only operate between the hours of 8:00 a.m. and 8:00 p.m. 8_ SCREENING: A standard screening fence with a height of not less than six (6) feet must be located and maintained along the west property line. 9. LANDSCAPING: A landscaping stdp not less than five (5) feet in width must be provided in accordance with the attached site plan. All landscape matedal must be kept in a healthy and growing condition at all times. All landscape matedal must be installed before a certificate of occupancy is issued. 10.TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as required in each of the above conditions and a Certificate of Occupancy has been obtained. SECTION 3. That the official Zoning Map of the C~ of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:~.EC-q]tR~JOSEPI-I~_ONING-04~704-O 1SPECIALPERMIT. DOC Page 3 of 4 SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (~) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 24~ day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /~,~, ~'-/~' Joseph ~mey' ~"~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti H:~J. EG,-DI R~JOS E pH',ZONING-04',~704 -01SPECIALP E RMIT. DOC Page 4 of 4 Corpus Chdsti, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set fodh in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charier rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG,-DIR~JOS EPH',ZONING-04~704-01 SPEC, IAJ. PERMrr. Doc .¥ TO: 9880~9 P. 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: August 24, 2004) Case No.: 0704-02, Messianic Fellowshi~ Church of Corlms Christi: A change of zoning from a "R-lB" One-family Dwelling District to an "A-I" Apartment House District. The property is in a 0.48 acre tract of land recorded in Volume 283, Page 205, Deed Records of Nueces County, located on the north side of Mueller Street and 500 feet west of Leopard Street. Planning Commission and Staff's Recommendation ¢07/14/04): Approval. Requested Council Action: Approval of the "A-I" Apama~ent House District and adoption of the attached ordinance. Purpose of Request: For apartment development. · Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to "A-I' Apartment House District on a portion of land consisting of 0.48 acres for an al:~laent complex. · The entu'e development will include the subject property and the adjoining 1.79 acre area to the east. · Proposed development plans indicate the apartments as affordable housing units. The complex will contain forty-two 2-story units on the entire site. The requested "A-I" District is inconsistent with the future land use map that recommends neighborhood commercial uses. Overall, the "A-I" District could be supported in developing a buffer for the low-density residential area to the north. Residential uses are preferred over neighborhood commercial uses when adjacent to local streets Al~lfficant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the twenty-four notices mailed to the surrounding property owners, one (1) was returned in favor and two (2) were returned m opposition. The 20% rule Is not invoked. This case Is considered noncontroversial. Michael N. Gunning, AICP _) Assistant Director of Development Services MNG/FGMIer Attachments: 1) Zoning Report 2) Planning CorrUmssinn Minutes 3) Ordinance H:~P LN-D]R~ERMA\WORDXAGENDM EMX2004\0704-02AGENDAMEMO.DOC CTTY COUNCZI. ZONTNG REPORT Case No.: 0704-02 Planning Commission Hearing Date: July 14, 2004 Applicant: Messianic Fellowskip Church of Corpus Christi Owner: Same as applicant Agent: Urban Engineering - Lan-y J. Urban, P.E. Legal Description/Location: Being 0.48 acre of land recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas, located on the north side ofMueller Sa-eet and 500 feet west of Leopard Street. From: "R-lB" One-family Dwelling District To: "A-I" Apartment House District Area: 0.48 acre Pnrpose of Request: Apartment development Zoning Existing Land Use Site "R-lB" One-family Dwelling Vacant lot District North "R-lB" One-family Dwelling Single-family residential Dislrict South "R-lB" One-family Dwelling School Dislrict East "A-I" Apartment House Vacant lot District "R-lB" West One-family Dwelling Single-family residential District Future Land Use Neighborhood Commercial Low-density residential Public/Semi-Public Neighborhood Commercial Low-density residential Area Development Plan: Westside- The requested "A-I' District is inconsistent with the future land use map that recommends neighborhood commercial uses. Overall, the "A-1" District could be supported in developing a buffer for the low-density residential area to the north. Residential uses are preferred over neighborhood commercial uses when adjacent to local streets. An amendment to the future land use map is requh-ed. Map No.: K14D Zoning Violations: None Zoning Report Case No 0704-02 (Messianic Fellowship Chinch of Corpus Christi) Page 2 Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to "Aol" Apartment House District on a portion of la.nd consisting of 0.48 acres for an apartment complex. The entire development will include the subject property and the adjoining 1.79 acre area the east. Proposed development plans indicate the apartments as affordable housing urfits. The complex will contain forty-two 2-story units on the entire site. The requested "A-I" District is inconsistent with the future land use map that recommends neighborhood commercial uses. Overall, the "A-I" Dislxict could be supported in developing a buffer for the low-density residential area to the north. Residential uses are preferred over neighborhood commercial uses when adjacent to local streets. Street Type Paved Section Volume (~OOD Mueller Street Local 50' R.O.W. w/28' Bk. to Bk. Not available paved section Lancaster Drive Local 30' R.O.W. w/18' Bk. to Bk. Not available paved section Platting of the property is required. Thc adjoining property to the east is zoned an "A-I" Apartment House District and is included within the subject property development plans. Approval of the "A- 1" Apartment House District. Zomng Report Case No.0704-02 (Messianic Fellowskip Church of Corpus Christi Page 3 Approval of the "A-I" Apartment House District. Number of Notices Mailed - 24 Favor - 1 Opposition - 2 (As of August 12, 2004) Attachment: Zoning Map H 5PLN-DIR~ERMA\WO RD~ZONRP TS~2004~0704 4)2CCREPORT. DOC LEOPARD ST. NORTH Planning Commission Minutes July 14, 2004 0704-02 - Messianic Fellowship Church of Corpus Christi Request: Cha.nge of zoning from "R- 1B" One-family Dwelling District to "A- 1" Apartment House District, resulting in a change of land use from low-density residential to medium-density residential. Located on the north side of Mueller Street and 500 feet west of Leopard Street. Excerpts from Zoning Report Legal Description/Location: Being 0.48 acre of land recorded in Volume 283, Page 205, Deed Record~ of Nneces County, Texas, located on the north side of Mueller Street and 500feet west of Leopard Street. Purpose of Request: Apartment development ,4rea Development Plan: Westside- The requested ",4-1 "District is inconsistent with the future land use map that recommendx neighborhood commercial uses. Overall, the "A-I "District could be supported in developing a buffer for the low-density residential area to the north. Residential uses are preferred over neighborhood commercial wes when adjacent to local xtreets. ~4n amendment to the future land use map is required. Sta~s Recommendation: Approval of the "4-1 "~'lpartment House District Vice Chatrman Mims opened the public hearing. Mr, Larry Urban, representative of Reverend Jones, came forward and stated he was here to answer questions. Commissioner Richter asked if the area that was already zoned "A-I" developed. Mr. Urban stated that is was undeveloped. Comrmssioner Pus]ey stated that there were two letters of opposition and asked what the reasons were. Ms. Goode-Macon stated they both were for traffic concerns. Mr. Saul Rascon, 914 Nandena came forward with his concerns of traffic in the area. He stated that he was not opposed to more business, just more Iraffie. Comrmssioner Richter stated that Oak Park Elementary School will be moving to Leopard, wkich would eliminate traffic from the area. Mr. Rascon stated that it had gotten to where you can hardly drive out of your house. Mrs. Santos Rascon, 914 Nandena Sa-eet stated that the Iraffic from Leopard uses their street as a cut through. It is a high crime area and not feasible to have apartments there. The complex would practically be in the back yards of two houses Vice Chairman Mims asked if staffhad any information of traffic in the area. Ms. Teniente stated that she did not and suggested speed humps or other traffic calming methods for the area. Mr. Urban stated that the final plan is subject to the final layout, which is subject to rezomng. He stated that the property is in the inner-city, adjacent to a major arterial, is located on a local street, and has adequate utilities. He also stated that 9/10m of the property is presently zoned "Al"district and th.is is a Plarmmg comrmssion Minutes July 14, 2004 Case No. 07044)2 (Messianic Fellowship Church of Corpus Christi) Page 2 good use for the land. He stated that the City wants to fill in vacant places. This would provide affordable housing and produce income for city. He stated that he is sympathetic but Cities are about people coming together to live. Comrmssioner Salazar stated that the zoning report shows that this would be 42 units with the development being two stories. He asked if the rest of the property was already zoned for apartments. Mr. Urban stated that it was and this small piece was somehow lef~ out. Cornrmssioner Pusley stated his concerns and sympathized w/th the residents. It appears that this would jam apartments in adjacent to an existing subdivision. These were small tracts under a low income plan. Maybe there should be some discussion with the people in the neighborhood to clear the air. The public hearing was closed. Motion was made by Salazar and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MESSIANIC FELLOWSHIP CHURCH OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE ON 0.48 ACRE TRACT RECORDED IN VOLUME 283, PAGE 205, DEED RECORDS OF NUECES COUNTY, TEXAS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "A-I" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Messianic Fellowship Church of Corpus Chdsti for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 14, 2004, dudng a meeting of the Planning Commission, and on Tuesday, August 24, 2004, dudng a meeting of the City Council, in the Council Chambers, at City Hall. in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.48 acre tract of land recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas, located on the north side of Mueller Street and 500 feet west of Leopard Street, from "R-1 B" One-family Dwelling District to "A-l" ApartTnent House District, as shown on the attached Exhibit. (K14D)(048045) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the Cit7 of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~LEG-DIR~JOS EPH~_ONINGA34\0704q32REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the Cib/Charter of the City of Corpus Chdsti_ SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 24th day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary APPROVED /J,.,,~,., f /',¢ 2004 Joseph~rneyf~' ) Assistant City Attomey For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~.EG~DIR~JOSEPFRZONINGA34~0704~02REGULAR,DOC Page 3 of 3 Corpus Chdsti, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the masons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott H :~..E G-D IR~ O S E P H~_O NI NGq~4\0704~)2 R EGU LAR.DOC AUG- 10-2004 0T:38 (361)&54-3101 FROM:CITY OF CC~US CHRIS ENI P.O. BOX 6355 · CORPUS lEERING TEXA~ 78466-6355 T0: 919SEI3239 P.3"4 Date: June 25, 2004 Job No.:*****.**.** FAX (361)854-~X) 1 State of Texas County of Nueces R~ZOl Field Note~ for the Rezoning ora 0.4' the-ground survey) out of that certain tract of 283, Page 205, Deed Records of Nueces Cou more fully described by metes and bounds as Beginning at a point on the center lin ~ore tract of land (not based on an on- ~c ~escribed deed recorded in Volume , '~xas, said 0.4896 acre tract being ,1( ff e]ler Street, a 60.00 foot wide pub]lc ~enterline of said Mueller Slxeet and public roadway, bears North roadway, fxom which point thc intersection 05 the centerline of Nandina Street, a 50.00 foot 58°40'30" West, a distance of 12.92 fcc-t; .;: Thence, South 58°40'30" East, at $2.4 f~a t pass the southwest comer of Lot 2, Block 7, Driscoll Village, a map of wkich is ~e ~ ,Fed ia Volume 12, Page 43. Map Records of Nueces County, Texas, in all a tOla d~ance of 232,40 feet for a corner of this Thence. South 56°23'00" East, along~~) ~e ~outhwesi boundary of said Block 7, a distance of 101.46 feet for the east comer of~ .a-act; . I.k Thence. South 33°37 00' West, a di~c~ of t25.00 feet t~ the centerline of aaid Mueller Slscet, for the south comer of this Thence, North 37°15'30'' West, alom$[lw centerliae of said Mueller Street. a distance of 353_16 feet to the Point ofBegima} ~g axtd containing 0.4896 Acrea (21,326 Square Feet) of land Bearings are based on the recorded p ~ o~ Dnseoll Village, a map of which recorded in Volume 12, Page 43, Map Record o~Nueces County. Texas. Unless this Fieldnotes Description, including! reamble. entirety, in its original form, surveyor msurn? nt responsibility for its aecunmy. ~~l~ URBAN ENGINEERING 2725 S~NANTN~[I DR. · CCtI~ ~H[~I$1Ii TEXA~ 78404 T0:9880:]~839 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Au.qust 24, 2004 AGENDA ITEM: Presentation to review the results of the Large Scale Demonstration Desalination Feasibility Study for the City of Corpus Christi, Texas with funding provided by the Texas Water Development Board as part of the Govemor's Initiative before the draft report is released to the public. CITY STAFF PRESENTERS(S): Name Ronald F Massey Title/Position Assistant City Manager Department Public Works/Utilities OUTSIDE PRESENTER(S): Name Mark Lowry Title/Position Vice President Depa~bnent Turner Collie and Braden ISSUE: Staff is presenting study results to Council before the draft report is released for public comment. BACKGROUND: On Apdl 29, 2002, Governor Perry charged the Texas Water Development Board ('I-WDB) with the task of developing a recommendation for a large- scale demonstration seawater desalination project. City staff conducted a series of meetings to decide how to respond to the Govemor's initiative and to decide which Coastal Bend sites would be considered favorably. In response to the Governor's charge, TWDB developed a process for identifying and screening potential demonstration seawater desalination projects. On October 25, 2002 the City responded to the Govemors initiative by producing a statement of interest, which if selected, would become a part of the TWDB intedm report forwarded to the Governor's Office before the 78th Regular Session of the Texas State Legislature. The Cib/s statement of interest was accepted and included in the TWDB report to the Governor entitled Large-Scale Seawater Desalination in Texas. To prepare the project recommendations, TWDB relied on submitted Statements of Interest (SOl), existing desalination research, and planning reports and information developed dudng the regional water planning process. HB 1370 was introduced by Representative Luna during the 78th Legislative session and was immediately passed into law. HB 1370 amends Subchapter C, Chapter 16, Water Code by adding Section 16.060 which requires the Texas Water Development Board to undertake or participate in research, feasibility and facility planning studies, investigations and surveys to develop seawater desalination in the state. Additionally Representative Luna was successful in adding Rider #16 to the State Appropriation Bill which contained $1.5M for the studies. The City cooperated in all aspects of this initiative with Mr. Lucas Myers, Chief Legislative Officer for Representative Luna. The Board is required to prepare a report on the progress of the implementation of seawater desalination activities in the state to the Govemor, the Lieutenant Governor and the Speaker of the House of Representatives no later than December 1st of each even numbered year. The report will contain; the results of Board studies and activities related to seawater desalination; identification and evaluation of research, regulatory, technical, and financial impediments to the implementation of seawater desalination projects; evaluation of the role the state should play in furthering seawater desalination projects; the anticipated appropriation from general revenues necessary to continue investigating seawater desalination ac6vities; and a requirement that the Board pursue federal sources of funding for desalination projects in the state. The next report is due on December 1, 2004. In response to their new mandate, the Board sought grant applications for the development of Regional Facility Planning grants from the three desalination projects recommended in their interim report. On August 18, 2003 Council authorized the City Manager to submit a Regional Facility Planning Grant in the amount of $500,000 to the Texas Water Development Board for determining the feasibility of the development of a large-scale seawater desalination demonstration project in Corpus Christi with an offer to provide an in-kind match valued at $230,000 and a total project cost of $730,000. On September 17, 2003 the City's application was considered and accepted by the Texas Water Development Board. The City of Corpus Christi engaged the services of a consulting team to perform a study of the feasibility of a 25 million gallon per day water treatment facility. The facility will draw salt water from either the near shore bays or the Gulf of Mexico in the Corpus Christi area. This study examined the following elements: 1. Site Selection 2. Treatment Requirements 3. Byproduct Disposal 4. Partnerships 5. Water Transfers 6. Power Sources 7. Project Development and Funding 8. Cost Model Development 9. Draft and Final Report Below is a summary of the results of each study task: Task 1. An alternative site and process selection matrix was used to determine the best location of the proposed plant as well as the type of treatment that would be required. Task 2. The. Barney Davis plant location with dissolved air flotation and multi media filtration pretreatment scored the highest in a multiple vadable matrix selection. Dissolved air flotation was chosen because it is a treatment process that can handle a wide variation in water quality conditions, and because it is particularly effective in removing algae. Task 2 and 3. Use of brackish groundwater was investigated both for dilution of the feedwater to the plant to reduce the plant operational costs as well as for dilution of the byproduct that must be managed. Feedwater to the plant will require more than 50 million gallons per day (mgd) of saline water to produce a product water amount of 25 mgd. Water with salinities in the range of 2500 to 5000 ppm total dissolved solids was desired, but none was found in sufficient quantities to make dilution of the feedwater feasible. The byproduct water is similarly produced in quantities of 25 mgd, and with an estimated concentration of 70,000 mg/I during dry periods. The amount of brackish groundwater with Iow salinity was not sufficient to provide significant dilution to the byproduct. Task 4. Potential partnerships were discussed with C~ Staff to determine the ol~timum configuration of the project. Previous partnerships were reviewed and the City staff determined that they could be used again. However, none of the previous partners provided any capital to the process which would have reduced the out of pocket cost to the City of Corpus Chdsti. Another area of concern here was the fact that until the end of July, the ownership of the Barney Davis Plant was uncertain, and it was not known whether or not the new plant owners would allow the desalination plant on their facility and under what circumstances. This situation has been clarified in a draft understanding. Further discussions will be needed to determine the extent to which other partners, such as university faculty, staff, and students might have access to the plant site as other partnerships are considered. City staff rejected the potential for partnering with equipment suppliers or development companies at this stage to ensure that whatever project was developed would allow competition to ensure the best possible project pdce for the City. City staff noted that it has been their intention all along to publish requests for proposals if such requests are allowed by state law, and to have the project development teams submit competing bids for providing the desalination facilities. Task 5. Water Transfers. The consultant team developed a listing ofthe potential projects that were contiguous to one or more of the City's supplies. A floor of 10,000 acre feet annually was chosen since movement of water for any distance requires a certain minimum flow to make it feasible on a unit cost basis. Areas with needs of 10,000 acre feet annually were identified and project costs to move Corpus Christi supply to serve those needs were updated. Finally, the unit costs developed were compared with the unit costs from the 2001 Region N Regional Water Plan to determine the potential value of Corpus Chdsti water. A number of the potential buyers are currently looking at purchasing groundwater and are not .ready to make further commitments to surface water supplies until the groundwater options are exhausted. Contacts were made with the consultant teams in Region L and Region K to explore potential options. Costs of raw water statewide were developed as well, and an estimated revenue stream of $5 million annually is proposed for inclusion in the cost model. Task 6. Power Sources. Numerous sources of power were explored as possible solutions for a desalination plant in the Corpus Christi area. Estimated costs for power were developed at $.065 per kilowatt hour, based on the available supplies and a retail power cost. On this basis, wind generated power appears to be close in cost for the desalination plant. However, recent correspondence from Topaz Power Partners has indicated the potential for lower cost power if a retail electdc provider can be developed to retail the power from the Barney Davis Plant to the desalination plant. Task 7. Project Funding and Development. The project funding for this project is TWDB bond funds, with an estimated rate of 5.5% per annum. This fund was selected by the Board staff at a meeting in April, and the current rate for such funds is between 5 and 6% depending upon the length of term and other variables. The consultant team presented an analysis of a number of project delivery methods for the project for City staff consideration. All costs in the cost model are currently based on conventional Design/Bid/Build project development. The array of potential altemates includes the DesignlBuildlOwnlOperatelTransfer models as well as others. The advantages to the Design Build processes are generally shorter project development lead time and somewhat lower costs. There is little solid information about the extent of cost reduction in the Design Build process, but the savings are estimated at between 10 and 20 percent of the total cost. Design Build project delivery methods are currently unavailable to municipalities in Texas and they are presented in the event that current laws are changed pdor to the development of this project. Task 8. Cost Model. A spreadsheet cost model was developed to compare the life cycle costs for the City for continuing without a desalination facility and bringing the Garwood Water into the O. N. Stevens Plant by 2020, or by installing a desalination facility and reducing water from one of the City's other sources by a corresponding amount. The model was used to determine the level of subsidy needed to make the desalination plant cost neutral to the City's current ratepayers. The subsidy needed is approximately $25 million annually for the configuration with offshore intakes and byproduct water discharges from the Barney Davis Plant, and approximately $18.5 million annually for use of the existing intake and discharge infrastructure at the plant. Task 9. Draft and Final Report. Conclusions that can be drawn from the investigation referenced above are that desalination is technically feasible, and there is great flexibility to serve water to other localities from a plant located in Corpus Chdsti. There are environmental issues that must be faced, but it appears that such a facility is able to be permitted and mitigate for any significant environmental impacts. However, the City has worked hard to develop sources of supply that are much less expensive and for that reason there is a large difference between current City costs and proposed cost with a desalination facility. A significant subsidy will be required to make this project move forward. Costs shown above are based on available data. Further refinement of these costs to take maximum advantage of the existing infrastructure and better define water quality will require pilot testing of treatment facilities as well as water quality data collection efforts to better define.the quality issues faced. The results of the City's Regional Facility Plan are due September 30, 2004. REQUIRED COUNCIL ACTION: None ]~rner Ce]lie ~'~Brade n 2 3 6 7 g 10 Barney Davis Plant 11 : .~,.~---i~i~;-/~ .. ,.,..~ i.,~ :,',,~ .~.~ .... '~ .......... ~,. '~,, . .,~ ...... ~..,..,..,.~,. ~ ..... .,~. . ......~. . · .~~~ ,~ ....... : . ~ .. · . "'..,.'.'~':":~ '....:~"...?..:..::1, ~'.'. ~'~;~'~'~' .~. . .' · · · ~'~ ": ?"'"..:'~:l~'~'x:[..: .'>.:: '~ .'.":' ~. . · ........ ~ ~ ~.,~. ...~, - ........ .-,~ ~... ~..~.. ..... . ~.~ -~, .,..,... · ..~...,. .. I ~" 2" . :'i'""' .: '. .'. ' . '~ · · ' ' .'" :<"'' ". "::"' . '~.¢~[ .~'.' :'~.~,~'--'.~.:: .~. '"': '--'. 12 13 , '~ '.::"' :.?~!7' [~i~.~:.." . .. . '. .:.....: ........ :.. '. ...-,,.~.- i .. . . : ......... ~... .. ....... ~....~,....~.~.~.~.r~,~ :~.~>~,.~..:~.~.~ . . ....:..:.......~.:~,..~::~.:. :~ [~. · :.:~..(..":;~:~.~ 7':2 :'" 2,.'.. ~.22:'?.~.~: z '..":..:~i~.~ ....;:'-?"": ~i.- .. ' .. · ..,:.: ;-~;.,~ ~:~.'..~ ~ . · .r., ....~ .... ..~a,~ ....... ..... ....... ~.. .. .... ...... · ~..~.~:....~..~,.~ .. :.:. Turner Cc~]lie CiYBraden 15 -- -'I'- ' ' - '~"-- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/24/2004 AGENDA ITEM: Discussion and consideration of the operations of the J. C. Elliott Landfill and the Cef(~ Valenzuela Landfill after it is constructed and operational. ISSUE: In September 2002, the City issued an RFP for Development and Operation of Landfills. Council action on Mamh 23, 2004 directed staff to proceed with the development of the Cef~ Valenzuela Landfill. REQUIRED COUNCIL ACTION: Adoption of the motion authorizing the City Manager or his designee to complete RFP negotiations with BFI, Inc. and present council with a contract for consideration. PREVIOUS COUNCIL ACTION: Staff presented this item to Council on February 24, 2004. On March 23 2004 Council directed that staff proceed with the development of the Cef~ Valenzuela landfill instead of the expansion of the J. C. Elliott Landfill and all related infrastructure. Prior presentation's by Solid Waste on May 21,2002, August 27, 2002 and December 16, 2003 regarding status of Landfill expansion plans and development of Cefe Valenzuela Landfill. Jeffrey D. Kaplan, Director, Streets & Solid Waste Services BACKGROUND INFORMATION Previous Council action directed staff to complete the operations at the existing J. C. EIliott Landfill until present permitted capacity is reached. Council also directed staff to begin development of the Cef6 Valenzuela Landfill to be able to accept and dispose of waste upon the closure of the J. C, ElJiott Landfill. Council further requested staff to report back with recommendations regarding the RFP for the Operation and Development of City Landfills. Today, staff is presenting a review of the proposal from Browning Ferris Industries (BFI)/Allied Inc. and recommendations concerning the aforementioned proposal. A detailed summary analysis and recommendation is included in the enclosed position paper. LANDFII J~ NEGOTIATIONS UPDATE POSITION PAPER FOR COUNCIL PRESENTATION AUGUST 24, 2004 BACKGROUND: A Landfills Sh~.egic Plan (GBB Consultant Plan) was developed to assist the City of Corpus Christi (City) Solid Waste Services Department (Dep~h~ent) with its overall landfill developmem and operations program. The focus of the Plan is on the City's J_C. EIliott Landfill (Elliott) and its planned Cefe Valenzuela Landfill (Cefe) and the various development activities and contxactor l~ucurement needs associated with thc t~ansifion fi.om Elliott to Cefe. Thc Plan also adds'c~ses certain other City/nitiatives, facilities, and services that angtreut these disposal facilities and serve to enhance their operation, extend their lives, or otherwise reduce costs, increase revenues, and improve the City's solid waste services. Estimated cost associated with the landfill capital in~ovements are $6.825 mil in FY04-05, $20.63 mil in FY05-06, $7.725 mil in FY06-07 t~qling $37.725 rm-l. The Plan has been developed with the D~p~ll[lll~[[It's mission as a guide. The Dep~,tmem's stated mission is: "To provide the citizens of Corpus Christi an integrated solid waste management system that provides for collection and disposal of residential trash, household havmx~0us waste, brush, yard waste, and recyclables in a managed fomral thru is timely, safe, efficient, and in compliance wi'th standards and reg, lations, and ensures the public health as well as beam:ifi~on of the City." In causying out this mission, it is the Depmhnent's intent to utilize the resources of the private sector, as aOp~Op.;,lte_ This means fo~ming a strategic public/private l~taership where it is in the City's interest. It also means to protect the City's interests by not putting all of its facilities and/or services under the op~lion ora sole entity. Moreover, through thin Plan, the Depm'an~ h~ goals to o'eate public sector jobs and to generate maximum revenues on behalf of the City. The City's Elliott Landfill, which serves a population in excess of 300,000, is scheduled to close to filling by January 2007, with Cefe being constructed and opened by that lime to serve as the City's coutinumg long t~m~ disposal facility. City Council approved development of Cefe on March 23, 2004. Cefe, with over 2,268 acres and 130.5 million cubic yards of permitted a~pace in its 810 acres of disposal area. when constructed, will be one of the Largest landfills in Texas. It was planned to receive over 500,000 tous per year initially, with the intake increasing substantially over time as older facilities in the region closed, regional pop. lation and economic develow,~ent expanded, and co.u~anities, in addition to the City, required the disposal services that Cefc could provide. This was consistent with the City's historical waste receipts at Elliott, which had increased to over 480,000 tons per year by the late 1990s, with Elliott as the largest disposal facility in the region_ However, this tum~age to Elliott declined sharply by 2000 with the start-up of a new, co.~eting private landfill in Robstown, Tex~s, the El Cent~ Landfill, only 20 miles from the City. In FY 2001, the waste deliveries to Elliott had fallen to at.~,~oximately 219,000 tons and the City was confi.omed with several critical rrmnagement initiatives to stabilize thc situation while developing the final design, infrastructure planning and contractor procurement to implement Cefe. Through several ~'u~iegic illitl~ives, including the execution of put-or-pay waste delivery contracts with selected major haulers and the impk.~:.i~tion ofa rcamicipal solid waste system service charge, the City has increased its waste dehveries to Elliott, returning much of the lost tonnage, and stabilized its revenues, Nonetheless, the waste management landscape in the region has changed, and the City, as a dominant market participant, must place emphasis on "operating as a business" and forging strategic public/private partnerships where they can yield cost savings, revenue enhancement, improved services, and/or increased security for the City's solid waste system resources in the interests of the City's residents and businesses. While projections of population and ~.~Jloyment in Nueces County are strong, with population and waste gen~dion estimated to reach at,proximately 338,000 and 529,000 tons, respectively, by 2010, there is now increased competition for this supply. In arkaition to El Ceuhu, other co.u.anities ia the region have landfills that could be expander[ Sorr~ could ewn be sold or leased to the phvate sector. Areas such as the Lower Rio Grande Valley to the south; with its lyargeoning popnlation and robust co.u.~rcial/industrial developmem, could be aa important source of waste supply to Cefe. This area will require disposal capacity for over 1 million tons of waste ix~ year by 2010. Again, however, thin may require a shategic relationship with a private l~u~mer who could access tha~ supply, develop hm~sfer station facilities, and provide co.unitments to the City on a long-term RFP PROCESS: SCOPE OF PROJECT A. The Cit7 is seeldng a contract, in a IX~hlic/Ixivate parmemhlp, to develop and operate the Cede Vale~zueta landfill. Information concerning IocalJon. pern~ng, and anticipated tonnage for I~is s~te is contained In Exhibit '1'. The City recognizes that Inc~nbent in the su~',~ml operation of this Is t~ ab~ty of the successful Profloser t~ be able to de~rver a mlnim~ of 300,000 tons of mun~paJ solid waste p~' annum to the Landfill upon opening of~e landfill. Minimum ton~aae Is based o~ historic tone,ce ami cash flow the CI~ has mlted uoon In Its landffil ooefatlo~s anti the fo~cast for f~re tonnage contained in the ~ermlt and 'Bus, ness Plan' ~o~ the Landfill, The 'Busine~ Plan' Is co~lned ~ ExhWIt Thts site is ~n ~pected to begin with a mlnim~ of 25,000 tens per annum of industrial wa~e. The City generates approximately 150,0~0 Ions per annum of municipal solid waste (including brush) Imm its re~en~s. The successful Proposer s~ould Include a methodology fo~ accef~ng this waste as pa~ of the ove~'l calculation for co~s/charge~ in this proposal. The City may seek to expand Ihe current landfill opeca'dons at the J_ C_ Elliot Landffit and Informalion concerning this site is contained in ExhJbit '3'. The Inciude the expansion a~d operation of I~e J. C. Efliet Landfill, either as part of a single pmposaJ for bofl~ s~es or as an additional sup~ementa~ p~oposal. E. The ~ ean~ntly oflerates a Ixush grinding program t/~at creates severat grades of mulch, specified cash for I~ash days, h~usehold haz. anJous waste days. and free disposal days. These ac~rilies will be ~0ntinu~d to a lesse~ or greater extent a{ all landfill sites end must be considen~d as part of Ibe successful prolx~sal. Whether or not lhe C~ c~;mUnues to ooe~te the J. C. Elliot ~ndffil It desires to han~e a transfer ~on ~ at the J. C. Elliot landfill to facll~e smoo~h waste Ilows for sm~lfled waste slmams to the Landfill. The successful Proooser must Include size, siting, oermltOng. develoomeot, and oo~.Uon costs for this facllttv In the omoo~al. The City will also gon~lder (not a m~ulmment} a laaso or ~ale of all or ~orlton~ of~e prosody that ha~ been r~mntttod for the Landfill. Overall, the CItY will entortaln ~cathm cost. cash flow. and Drlclng grooosal$ ~ cl~ not Inflln~ u~on the exlatlng revenue ~am the City curmntlv re~elve~. The City ~ncoura~es lamer wasto volumes and revenues a6 U~ landfill C~n,t,~,C't mature8 over Un~ and will be mceoflve to Inc,mtlves to roach ~e for~4mt tonnaso~ as provided for ~n th~ Ol~mtlrm i~rmi~ forfl~ landflR~ Detail requirernenl~ on the above items are to be submilted by ~ successful proposer in ExhJba '6", Scope of Wod~. RFP's were sent out to the Nations top 15 landfill companies. They were received in October of 2002, 3 companies responded Review ofsub.,~tials and individual interviews with thc three companies resulted in a reco.u~ndation to thc City Manager that thc I']IO~I qmalifi~d and responsive F,'vpuscr was Bb-'I-Allied. Negotiations began in January of 2003 with a proforma that was developed to compare the City's cost to Old, ute Elliot with and without expansion, to opcrste and develop Ccf¢ with no expansion at Elliot and with expansion of Elliot. In all cases there was little difference between the BFI submittal and the City's proforma to do the same_ There was no profit in any scenario ($4M tmgct). Thc cost aasoc-ia/cd with dctX for either party was thc most significant factor. If we chose to pursue this we would have to raise rates (residential, MSWSSC, and/or tipping fcc) to cover loss. In these scenarios thc rate increases required would be the highest. As we ~uacbed mid-lVlarch we became aware of a complaim filed with the Texas Attorney Gem~al's Office, anf-trust division based upon a concern by complainants that thc acquisition of the El Ceatxo Landfill by BFI-Allied in concert with the RFP negofations with BFI-Allied and the City would potrath~lly have a negative effect on competitiveness in the COG region for dispo~. Thc AG staff underscored thc fact that they were not investigating thc City. In May of 2003, BFI-Allied presented a price of $6.92/ton plus a .,;,,imum gua~mce of tonnage for push-pack at both Elliot and continuing into Cefe City staff-has developed a proforma for push-pack that is essentially a mid-point in profit returns from development of either landfill and the target goal of $5 6M. This includes an operating Citizen's Collection Center including a slxuctural base for a future Transfer Station at Elliot. BFI-Allied's guaranteed 150Ktum~age provides a range of profit in a ten year gn'uforma of $.5M in the lowest year to $3M in the highest yesr. The negotiations have revealed that the City: l. Cannot develop and opiate Cefe on it's own without a minimum throughput of400K tous/yr including City waste of which some form of guaranteed tonnage would be required_ That, rate increases ofsorm fashion would minimally be required to cover the debt service and could pot~tially be l~gc~ inercases to subsidize the landfill if minimum tonnage is not available to make up for tmmagc shortfalls. 2. BFI-A]licd conlxols at least 75% of thc waste stream in the COG arca. 3. While other companies arc capable of"push-pack" opc~tioos, none can meet thc tonnage guaramce (excluding BFI-Allied) necessary to n~kc a succeasful opcra~m business plan for the Ccfc landfill. Staffhan considered that there may be some ,~imal imcrest in acquiring thc Cefc site from thc City by other companies, but that is highly speculative in that none of thc major~ have thc hauling tonnage to profitably operate a landfill in thc region for at least ~ years. This is the t'Lrne it would rrdnimally require to con~-te for large enough contracts in the area_ This in and of itself does not supplant the City's need to keep a smooth flow of waste disposal security and meet u~hximal cash flow r~quit~nlcuts in that th~e Ix*iod. City's Options: 1. Find thc fastest and moa secure way to secure a m/nimum of $5.6M of revenue profit while insmiag secure disposal at a guaranteed rate, first for itself, and second for the customers utilize the Elliott ~ ~mdfill. 2. Consider rate increases to make up for any short'falls. 3. All~.,t to choose a solution that nfiaimizes or eliminates the direct development and open.ion of any future landfill while r~'alnlng protection of cash flow and disposal. 4. Sell Cefe and City would coat, act for waste d/sposal with potential buyer and/or other landfills in the region. 5. As a last resort, consider franchise of ICL waste. Push & Pack Agreement The agreemem the City is reeo.~t~ending takes into consideration all the issues that have been bron~mht up pertaining to the Attorney General's inquiry. The City would maintain sole ownemhip and control of our existing facilities by managing the gate, waste screening, scale house, handle and control all disposal revenues, establishing the gate rates, and overseeing the entire operation through an extensive conch'act a&~,i,dal~ation. The City agrees to maintain all l~.l~tS and be held responsl'ble for all regulatory mcluiremems such as ground wato- monitoring, the leachate collection system, methane gas monitor probes, and the annual TCEQ inspection. BFl/Allied, in return, agrees to han~tle ali waste d/sposal rnanagerll~'llt, all landfill I'Baintenance such as mowing, debris control, mad maintenance and wet weather pads. Provide us with a quarterly grinding service and assist with all City sponsored events curt~ being provichxt to our Current Offer BFFAllied has agreed to a set fee of $6.92 per ton for all waste erecting imo the landfill as long as 400k tons are reccfived at the landfill and will transition over to Cefe Valenzuela when JC Elliott closes. They agree to mainta'm existing free disposal days, free residmutlal mulch pro~mus, continue their current put or pay gumantee of 150k tons armnal; and negotiate any landfill equipment curremly in place and owned by the City. The currem terrm discussed for a push & pack agr~t is 20 years with provisional options to renew. The landfill organization currently has budgeted 30 FI'E'S of which 22 are filled. The City would need 7 staffrnea'nbe~ to stay on under the p~uposed cu.haet ads~fiaiatrution budget and the remahing 15 positions would be offered positions with BFI. Employees not voluntarily h naars'ring tO BFI vn~,loyment will be consido~cl for placemont in another posit/on within the City, subject to provisions of the City's Reduction-in-Force Policy and Procedures. Employees not placed in another City position will be tcmfmated from City ~.~loyment, but within a 12-month period from t~.~,;.at/on date, may be re-hired without competition depending on their qualifications, seniority, and performance rating. Past Council Preseneattons & Actions December 16, 2003 Landfill RFP Presentation Fcbruary 24, 2004 Landfill RFP Pres~a~fion (Action Tabled) March 23, 2004 Landfill RFP Presentation, City Couacfl decided to develop Cefe Landfill Projected JC Emott/Cefe Valenzuela Laadflll Capital Improvements (thru FYI2-13) FY 04-05 $ 6,825,000 FY 05-06 $ 20,630,000 FY06-07 $ 7,725,000 FY 07-08 $ 2,545,000 10 Year Total Projected Capit~ Cost $~7,725,000 Snmmlry The City is recording finalizing negotiatiom with BFFAIlied for a ~%sh & Pack" couianctual agreement. It is the City's intentions to try ~nd come as close to the cna-rent net revenue of $6.2 million which includes new debt obligations by raising the disposal fee to all customers (residential and non-commctual co~). Of the approximately 419k tons of waste disposed of at the JC Ellintt landfill, amJ, vximately 161k tons is athibuted to the City's ~i~ ~ ~{'U]~ ~m ~ rema'ming formates are em'imated amounts from the phvate haukxs cummtly utilizing our landfill, some of which curr~tly have a put or pay agreerm'm with the City. Due to the C/ty's existing put or pay agreements currently in place, and tied exclusively to the life oftl~ JC Elliott 1/mdfill, the City's proformas takes into consideration a con~ur~t r~duction /n tonnage from 419K tons to 225k tons in FY06-0?. The BFI proposal brin~ 150k tons back to the City for the t¢, m of the couh act. By securing the largest waste hauler in the area, the City would be in a lx-tter position to offer other area haulers similar agreements for their waste. If approved, the City would lflce to finalize the legal couh act and pmsem the item to City Council for their ~pg, uval in early 2005 to be ready for a transition date in late Sp,iag, 2005. * A full detm]~ proforma is attached for your review. Landfill Operations Status on Landfill RFP Landfill Operational Concept · Identify Public/Private partnership opportunities · Acquire more waste tonnages Further reduce City expenses Landfill Request For Proposals (RFP) Process Date Issued- Sep 2002 Date Proposals Received- Oct 2002 Number of RFP's received- 3 Evaluation Results- BFI best value Council Notification-Jan 2003 Preliminary Negotiations- · Jan 2003 to Current Landfill Option Decision- March 2004 FY04-05 Revenues · MSWSSC Fees $2,965,776 · Curbside Collections $12,243,953 · Refuse Disposal $5,846,141 · Misc. Landfill $295,588 · Total $21,351,458 FY04-05 Expenses · Administration $1,293,908 · Refuse Collections $5,883,950 · Brush Collections $1,907,202 · Recycling Collections $1,066,647 Refuse Disposal $4,862,530 · Cash for Trash $80,000 Total $15,094,237 FY04-05 Proposed Budget · Total SSWS Revenues...$21,351,458 · Total SSWS Expenses....$15,094,237 · Net ............................ $ 6,257,221 ,/ FY04-05 Landfill Expenditures I · Operational Cost $3,067,704 · Landfill Debt $1,574,988 · Lease Purchases $219,838 · Total $4,862,530 Current JC Elliot Tonnage's · City Collections · Residential- 108k · Dirty Brush- 18k · Other City Waste- 35k · Put or Pay Haulers 161k 225k · Non Put or Pay Haulers 33k Total- 419k ~ Landfill Operation Options City continues to operate Public/Private partnership · "Push & Pack" City Push & Pack Concept · City maintains control · All Rates · All Revenues · City maintains permits & regulatory issues · Waste Screening · Scale house · City responsible for capital cost · 30.9 mil est. BFI Push & Pack Concept BFI provides equipment and labor · Bury Waste · Landfill Maintenance · Quarterly Brush Grinding · City sponsored events BFI Current Offer Details BFI Guarantees minimum 150k tons No Charge for City sponsored events · Free Disposal Days (2000 tons annually) · Free Residential Mulch (3000 tons annually) $6.92 per ton · "Push and Pack" All Landfill Waste ,/ Comparison of Potential Rate Increases City vs BFI Operation FY 05-06 06-07 07-08 08-09 Residential City Operations 1.29 0.56 0.73 0.00 Gate Rate 20.20 8.43 5.28 0.01 Residential BFI Push & Pack 1.30 0.54 0.03 0.00 Gate Rate 20.36 8.03 0.23 (0.02) Comparison of Potential Rate Increases City vs BFI Operation City Operations Residential (0.03) 0.03 1.70 (0.01) $5.28 Gate Rate (0.19) 0.19 12.59 (0.08) $49.10 BFI Push & Pack Residential 0.00 0.08 0.09 (0.04) $2.00 Gate Rate 0.02 0.60 0.67 (0.27) $29.61 Details for Contract Negotiations Length of Contract Staff Resources- 30 FTE's · Landfill Staff- 22 Filled FTE's (8 vacancies) · City retains 7 FTE's Transition to Cefe ,/ Results of "Push & Pack" Contract · Long term contract · Charge for every ton buried · Long term savings for the City City sets gate rate · Guaranteed waste stream · City Operational expenses and equipment purchases eliminated Staff Recommendations · Approve the contracting out of "Push & Pack" Operations at the Landfill · Direct staff to develop final contract with BFI Future Actions Council Approval of Contract · 1st Quarter 2005 · Future Cefe Actions · Bond Issuance · JC Elliott Closure · Cefe Valenzuela Development · Engineering & Legal contract Comments & Questions? 14 CITY COUNCIL AGENDA MEMORANDUM SUBJECT: The Charter Revision Commission has reviewed the Charter, conducted public hearings and presented the City Council with 10 proposed City Charter amendment propositions. AGENDA ITEM: Discussion and consideration of proposed Charter amendments. ISSUE: Staffwill present to City Council the 10 City Charter amendments being proposed by the Charter Revision Commission. RECOMMENDATION: City Council provide necessary guidance to staff. Mary lq[ay F~cher City Attorney FINAL REPORT CHARTER REVISION COMMISSION 2003-04 ~Caballero, Co-Ch~ Pauline Clarke Hector Del Toro ~Crystal Lyons Gabe Rivas , Vero~ca Trcvino Members Daniel Dain Xavier Perez LIST OF RECOMMENDED CITY CHARTER AMENDMENTS The following Charter amendments are being recommended by the Charter Revision Commission. The Commission began meeting in October 2003 and undertook a comprehensive review of the City Charter begirm/ng with Article I. Public input was received at each meeting of the Commission, and various reports and information were obtained fxom City staff and fi.om surveys of other communities. The Commission developed a Preliminary Report including 9 recommended Propositions as well as an additional 10th Proposition concerning the timing of City Council elections to be considered for public comment. Notices of the public hearing of tim Commission were posted and distxibuted throughout the City via advertisements in the newspaper and public service announcements in local media. The Commission received public comment on the Charter and the recommendations of the Preliminary Report at a public hearing on Tuesday, June 8, 2004, begilaning at 6:00 p.m. in the City Hall, 1201 Leopard Sm:et, Corpus Christi, Texas 78401. The Commission also solicited comments in written form. Following public comment on each Proposition, the Commission discussed the Propositions and took final votes. Propositions 1, 2, 3, 4, 6, 8 and 9 received unanimous approval fi.om members of the Commission. Proposition 5 (.political activity by City employees), Proposition 7 (elimination of the 68--cent tax cap), and Proposition 10 (November City election date) were approved by a majority vote. Each of the Propositions listed below are recommended for submission to the voters at the next general election. Proposition 1. Updating the provisions concerning initiative and referendum in order to comply with new laws and election procedures. Proposition 2. Updating the provisions concerning city council elections, council meetings, and the mayor's veto power and recall elections in order to conform the procedures to new State laws and city council meeting dates. Proposition 3. Increasing the compensation of city council members to $12,000 per year and of the mayor to $18,000 per year, to be effective after the next city council elections. Proposition 4. Updating the provisions concerning the approval of budgets and the expenditure of City funds in order to comply with new laws, court decisions and accounting practices. Proposition 5. Allowing city employees, other than managerial employees and employees in the city secretary's office, to participate in political activities; provided that, no political activities may be conducted while in uniform, on duty, or using city resources, and no coercion or retaliation is allowed. Proposition 6~ Simpl~ying the existing restrictions concerning City officials and employees running for other public office in order to make the current provbions easier to follow, without making any substantive changes in the restrictions. Proposition 7. Changing the property tax cap to conform to the tax cap set by the Texas Constitution, Propoxi~ton 8. Allowing certain leases for the construction of boat slips and docking facilities to be for terms not more than 15 years without the necessity of an election, simplifying the procedures concerning short-term leases less than 5 years, transfers of leases, regulation of leases and approval of oil and gas leases, and updating other provisions to current State law and court decisions. Proposition 9. Updating the provisions concerning general powers of the City in order to conform to new State laws and procedures. Proposition 10. C~nanging the date of the regular city council election from the la'st Saturday in April to the November uniform election date in order to conduct city council elections at the same time as elections for federal and state elected officlal~. FINAL REPORT OF EACH CHARTER PROPOSITION Proposition 1. Updating the provisions concerning initiative and referendum in order to comply with new laws and election procedures. Summary The initiative and referendum provisions were fu~t added to the Charter in 1985. Practical experiences with the provision since that time coupled with chaages in State election laws and procedures have resulted in the recommendation to make several changes updating the procedures: (1) An individual petitioner should be designated as the contact person for all comm~licatiol~ ~om the city secretary and the city attorney concerning iaitiafive or referendum preceedings. The deadline for submit~dng a statement commencing referendum proceedings was not clear and should be set at ten (10) days following the adop6on of an ordinance by the city council. (After that point, any proceedings would be considered as initiative proceedings.) (3) The procedures on providing supplemental petition pages in the case of an initiative or referendum should be clarified in order to require the city secretary to notify the designated contact person of any deficiencies and allow ten (10) days for the supplementation of petition pages. These changes are designed to provide more direct communications between the petitioners and city officials, allow set timelines for the submission of documents and the supplementation of petitions that are determined to be insufficient. By making the procedures more clear and detailed, the Commission hopes that future controversy can be kept to a minimum. Actual Ttx~ of Amendment Article I, Home Rule Goverrunent, Section 4, Initiative and Referendum (c) Any fifty registered voters may commence initiative proceedings and any five registered voters may commence referendum proceedings by filing with the city secretary a statement that they intend to circulate petitions calling for an initiative or referendum. The statement shah include the following: (1) The names and addresses of the registered voters commencing the proceedings; (2) The full text oftbe ordinance being proposed by initiative or the full text of the ordinance to be reconsidered by referendum; and (3) The name and address of the registered voter who is designated to receive all communications fi'om the city secretary and tit3, attorney under this section. (d) In the case of an initiative, the city attorney shall draft an ordinance in legal form, consistent with the laws of the state and the United States, incorporating in substance the text submitted. The city council shall present the initiative or the request for referendum to the city council at its next regular meeting. Forty-five days from the date of presentment shall be allotted to the city council to consider the adoption of such ordinance by initiative. In the case of referendum, the statement commencing the referendum uroeeedings must be filed no later than the tenth day after the city council adopts the ordinance and the city council shall have until the adjournment of the next regular city council meeting following receipt of the statement to reconsider such ordinance. (e) In the event the council fails to take the proposed action within the time allotted, the city secretary shall furnish to the proponents petition pages for circulation among the registered voters of the city. Each petition page shall contain the following: (1) A summary not to exceed one hundred words stating in substance the initiative or referendum measure to be considered by the voters and the notation that the full text of the ordinance is available for inspection at the office of the city secretary; (2) The printed name, address and registration number of each voter signing the petition; (3) The signature of each signer in ink and the date ofsi~ing; and (4) The date of issuance of thc petition by the city secretary and, in the case of a referendum petition, the names and addresses of the five persons who initiated the procedure. (f) All petition pages comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument within ninety days from the date of issuance of the forms for such purposes by the city secretary. Within twenty days, the city secretary shall determine whether the same is signed by at least five percent of the registered voters of the city. Tho prooeduroo for filing supplementary petition pages with the city ooorotary for recall petitions ~hall aloo apply to initiative and roforendum petitiom~.-. If the certificate of the city secretary shows the initiative or referendum petition to have total signatures of registered voters in number that is less than the required five percent, the city secrehu-v shall notify the person filing the petition, and it may be supplemented within ten days from the date of the ciW secretary's notice by filing supplementary petition ~a~es as provided by the city secretary bearing signatures of other registered voters. Within ten days after such supplementary ~a~,es are filed, the city secretary shall again examine the Original petitioll~ as sum~lemented, and shall certify the results thereof to the council at its next regular meeting. Proposition 2. Updating the provisions concerning city council elections, council meetings, and the mayor's veto power and recall elections in order to conform the procedures to new State laws and city council meeting dates. Summary Numerous changes in State laws and city council meeting procedures necessitate an update to the provisions in Article II concerning the city council. The proposed changes are as follows: (l) The provision making the elections in April 1993 the effective date for term limitations is no longer required for the purpose of making any calculations concerning council member terms now or in the future, so it can be deleted as being moot. (2) Changes in the Texas Election Code concerning provisional ballots, the timetable for conducting the official canvass and conducting run-off elections require that run-off elections no longer may be held two weeks after the regular election. The city council will be required to set a date for the nm-offelection in order to comply with the requirements of the Election Code (currently not less than 20 nor more than 45 days after the official canvass) and the availability of voting machines. The election schedule must be established by the city council at least three months prior to the regular election. (3) Due to the fact that two or more weeks may elapse between regular meetings of the city council, the mayor's veto power should be clarified to require that any veto of an ordinance be made within seven days of adoption of the ordinance. (4) Due to State and local conflict of interest regulations, the provisions requiring adoption of ordinances and resolutiom by a majority vote have been clarified to require the majority vote of all council members holding office except those who are disqualified fxom voting on a particular matter under State or local law. (5) The recall election provisions of the Charter are clarified to note the requirement under the Texas Election Code that all signatures on the recall petitions be obtained within 180 days of submission of the petitions and that the recall election will be conducted on the next uniform election date as required by the state law. 3 The Commission believes that the above amendments will conform the Charter to the requirements of State law and provide clearer guidance to thc City and its citizens concerning procedures affecting the election of the city council, the conduct of its meetings and any potential recall initiatives. Actual Te.~ of Amendment Article II, City Council, Section 1, Membership and Term (a) The city council shall consist of eight council members and a mayor. Five council members shall be elected by majority vote from single member districts, each member being a resident of his or her respective distxict and each district having as near as practical the same population', three council members shall be elected at large by phnality vote with winners required to gain at least twelve percent of the total votes cast for all candidates for all at large council member positions; and the mayor shall be elected at large by majority vote. The city council shall by ordinance equalize the single member districts as required by law; provided, however, no suer ordinance shall be enacted less than ninety days before a regular election. (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in odd-numbered years on the fi~st Saturday in April unless the city council designates an alternative Saturday in April or the next available uniform election date allowed by state law at least six 'ahree months prior to the regular election. (c) All council members shall take office at thc first council meeting after thc votes are canvassed fi.om the regular election; provided, however, that in the event a run- off election is required, all council members shall take office at the first council meeting at~r the votes are canvassed fi'om the run-offelection. (d) No person shall serve more than four two-year terms consecutively as a council member, or four two-year terms consecutively as mayor, or six two-year terms consecutively in any combination of such offices. A person who has reached the limitation on terms provided in this section shall be eligible for election or appointxnent to the city council after not serving on the city council for one full term of office, m.;. provision shall take offoot beginning ~4th tho terms of offiso commencing ha April 1993. Terms of offioo served prior to suoh date shall not count toward this limitation.] Article 1I, City Council, Section 3, Runoff elections (a) If no candidate for mayor receives a majority of all votes cast for such office at any regular or special election, there shall be held on tho second Saturday following aa:), such election a run-off election at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (b) If no candidate for city council from a given single member district receives a majority of all votes cast for such office at any regular or special election, there shall be held on tho ~econd 8aturday following uny such olootion a run-off election at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (e) If fewer than three candidates for at large city council positions receive a plurality of at least twelve percent each of the total votes cast for all at large city council candidates, there shall be held on thc ~econd Saturday follow, Sug any such election a mn- off election at which: (1) ff no candidate received at least twelve percent of the total votes cast for all candidates for the at large positions in the regular or special election, the four candidates receiving the highest number of votes shall stend for election; (2) ff only one candidate received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next three candidates receiving the highest number of votes shall stand for election; or (3) If two candidates received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next two candidates receiving the highest number of votes shall stand for election The winners in any such run-off election for at-large positions shall be determined by a plurality vote. (d) The mn-off election shall be held on a Saturday following the official canvass set by the city council at least three months prior to the regular election allowing sufficient time to comply with the recluirements of the Texas Election Code. Article II, City Council, Section 6, Mayor's veto power and general powers (a) Every ordinance, resolution or motion passed by the council shall, before it takes effect, be presented to the mayor for his or her approval and signature, ff he or she approves it, he or she shall sign, but if he or she disapproves it he or she shall state his or her objections thereto in writing and return it to the next regular meeting of the council within seven days after presentation with his or her veto. ff he or she does not return it with such disapproval nor sign it, such motion, ordinance or resolution shall, upon the expiration of the time for its remm to the council, be in effect and force as if he or she had approved it. (b) In case of veto of any ordinance, resolution or motion by the mayor, the council may pass same over his or her veto by the affirmative vote of a majority of the council. If the mayor's veto is sustained, the matter shall not come before the council again within six months without the previous written consent of the mayor. The mayor may veto all or any item of any ordinance making appropriations but the veto shall extend only to the item disapproved. Those items which he or she approves shall become effective, but those disapproved shall not become effective unless passed over his or her veto as herein specified_ (c) The mayor shall have the power to administer oaths and exercise such other powers, prerogatives and authority as are conferred on him or her by this charter and state and federal law. Article fi, City Council, Section 14(e), Meetings of the Council (e) The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered in the minutes. Every ordinance or resolution shall require on its final passage, the affi.rmative vote of a majority of all council members holding office, except those council members who are disqualified fi.om votimz under State law or City ordinance. Article II, City Council, Section 20, Filing, Examination And Certification of Petition All petition pages comprising a recall petition shall be assembled and filed with the city secretary as one instxument. All ~etition signatures must he made within one hundred eight~ (180) days fi.om the date the petition is filed. Within twenty days after a recall petition is so filed, the city secretary shall determine whether the same is signed by the required ten percent of the registered voters_ The city secretary shall declare void any petition page which does not have an affidavit as required in the preceding section~ ffthe certificate of the city secretary shall show the recall petition to have total signatures of registered voters in number less than the required ten percent, the city secretary shall notify the person filing the petition, and it may be supplemented within ten days fi.om the date of such notice by filing supplementary petition pages bearing signatures of other registered voters. Within ten days after such supplementary pages are filed, the city secretary shall again exanaine the original petition, as supplemented, and shall certify the results thereof to the council at its next regular meeting, stating the number of signatures certified. If the petition, as supplemented, is found to have total signatures of registered voters in number less that the required ten percent, the city secretary shall return the petition, as supplemented, to the person filing the same, without prejudice to the filing of a new petition for the same purpose. Article fi, City Council, Section 21, Recall Election Whenever a recall petition is certified by the city secretary to have the signatures of the required ten percent of registered voters and the council member whose removal is sought does not resign within five days after such certification to the council, the council shall forthwith order and hold a recall election within not 1o0~ than thffty, nor more than sixty days fi.om eertifioation at the next available election date under Texas law. In the event at any one time there is before the council more than one recall petition certified by the city secretary as to which the council is then obligated to order a recall election, the council shall order and hold, one the same date, recall elections on all such petitions so certified. 6 Proposl~on $. Increasing the compensation of city council members to $12,000 per year and of the mayor to $18,000 per year, to be effective after the next city council elections. Summa~ In 1975, the voters approved a Charter amendment increasing city council eompensation from $50 per meeting to $100 per meeting subject to a $6,000 annual limit, with the mayor receiving an additional $3,1)00 stipend. In 1985 as part of an overall reorganization and simplification of the Charter, the voters approved an amendment setting the council members' compensation at a fiat level of $6,000 aad the mayor's compensation at $9,000. As a result, the economic benefit of serving on the city council has been held at the same basic level since 1975. The sum of $6,000 in 1975 translated into dollars in 2004, given the increases due to changes in the Consumer Price Index, would result in city council members' compensation being $20,478 and the mayor's compensation being increased to $30,717. Increasing salaries to those levels would not in any way be considered a "raise" but would just be compensating public officials at the same level they received in 1975. The Commission believes that the mayor and council members should receive a basic level of compensation that would help allow a broader range of Corpus Christi citizens to serve. By keeping the salaries artificially low, only those persons who are wealthy or have independent means of support would be able to serve. In conlxast, though, council-manager form of government does not require a full-time effort by the mayor and members of the city council since the city manager and professional staff are required to administer the City's policies and programs. As a result, city council compensation does not to be established at a level that would place these decision-makers at "full-time" salaries. The Corn mission unanlmonsly voted to increase the level of compensation to $12,000 per year for city council members and $18,000 per year for the mayor. These salary levels are substantially less than comparable salaries set in 1975, but the Commission believes that they are appropriate under the current circumstances. The new salaries would not go into effect until after the next city council election in 2005. Of course, any council member may decline the increase in salary if he or she so chooses. Actual Te_rt of Amendment Article II, City Council, Section 7, Compensation (a) Each member of the city council, with the exception of the mayor, shall receive as compensation the sum of twelve ::.x thousand dollars ($612.000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. 7 (b) The mayor shall receive as compensation the sum of eighteen -:--: thousand dollars ($189,000.00) during each year of serviee on the council, such sum to be paid in equal installments throughout the year. (c) The amendments to this section shall become effective immediately at, er the election and qualification for office of the first city council following its adoption. Proposition 4. Updating the provisions concerning the approval of budgets and the expenditure of City funds in order to comply with new laws, court deetsions and current accounting practices. Summa~ Article IV of the Charter contain~ the provisions governing the establishment of budgets and approval of expenditures. Due to a variety of changes affecting municipal finance, the City is able to more effectively manage cash-flow to meet expenditure needs particularly in the area of capital improvements financed with bonds. The provisions of the Charter need to be updated in order reflect the ability of the City to rely upon authorized but not yet issued bonds for the payment of contxactual obligations and other sources of funds_ The City should not be requixed to borrow funds sooner than is necessary to meet current funding obligations, nor should it be limited to short-term or multiple contracts on major projects in order to limit the funding obligations. The proposed amendments claxify that the budgeting process and expenditure process may take into consideration funding fi.om all available sources, including authorized but unkqsued bonds and similar sources of revenues. The formal process for obtaining certification of funds only would apply to contractual expenditures requiring approval by the city council. The amendment also eliminates a provision in Article IV, Section 3 prohibiting transfers between City funds which the courts have ruled to be invalid. The Commission believes that this provision should be deleted from the Charter in order to eliminate any confusion a~ to what legal smdard the City must follow. Actual Text of Amendment Article IV, Administration, Section 2(c), Budget Content (c) Expenditures in the proposed budget will not exceed estimated revenues and funds available fi.om all sources. Article IV, Administration, Section 3, Interdepartmental Transfer of Funds Upon written recommendation of the city maxmger, the city council may at any time transfer the unencumbered balance of an appropriation made for the use of one department, division or purpose, to any other department, division or purpose; provid0d, however, no such trnn~fer shall be made of rovanuo~ or earnings of any municipally ovmod utility, ~uoh 05 the watar, ga~ or sewerage departmant, to any othar depoxtmant or to any other purpose, with the exception of uny utility requir~ debt service. Article IV, Administration, Section 7, Funds in Treasury No contract, agreement or other obligation involving the an expenditure of money requiring am~roval by the City Council shall be entered into, nor shall uny ordinance, resolution or order for the expenditure of money be passed by the council or be authorized by any officer of the city, except in the case hereinafter specified, unless the director of finance first certifies to the council, or to the proper officer, as the case may be, that the money required for such con~act, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose, which certificate shall be filed und immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation. Article IV, Adminislration, Section 8, Money Deemed in Treasury The following funds shall be considered moneys in the treasury: (a) All moneys actually in the treasury to the credit of the fund from which they are to all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come in the treasury before the maturity of such contract, agreement or obligation, fxom taxes: o~ assessments, fees, fines, charges, revenues. or from ~xlcs of service product, or by produots, or from any city undertaking, fecz, zkm'g::, accounts and bills receivable, or other credits in process of collection, ~d all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the city ~reasury prior to the maturity of such contract, agreement or obligation, and an~ all moneys applicable to the ~a,lment of the obligation or appropriation involved that are anticipated to come into the treasury before the matra-it3, of such contract, agreement or obligation, fxom moneys to be received from bonds, notes or other obligations the city is lawfully authorized under state law or this charter to issue, and which the city has authorized to be issued at one time or from time to time. and which are to be delivered and payment therefore received before the maturity of such contract, agreement or obligation, before the maturity of such contract agreement, or obligation, thereof, arising form tho sale or loa0o of lands or other property, and moneys to bo derived fi'om la~xaSaily authorized bonds sold and in tho process of delivery, shall, for tho purpose of such certificate, bo doomed in tho treasury to tho credit of tho appropriate fund and subject to such certification. 9 Proposition $. AHowing city employees, other than managerial employees and employees in the city secretary's office, to participate in political activities; provided that, no political activities may be conducted while in uniform, on duty, or using city resources, and no coercion or retaliation is allowed. Summa~ The current provisions in the Charter prohibit City employees from participating in political activity on City-related issues except to provide factual information at the direction of the city manager, to express their own opinions privately and to cast their votes. These prohibitions were considered an unfaix reslrlction on the civil rights of a large number of Corpus Christi residents who typically would have a keen interest in City elections. With the easing of similar restrictions in the Hatch Act governing federal employees and the absence of similar restrictions affecting the employees of any other local governments, a majority of members of the Commission believed that City employees should be afforded the opportunity to participate in City elections subject to certain limitations. Members of the managerial group and employees in the City Secretary's Office would still be prohibited fxom participating in political activities in City elections_ The City Secretary's Office conducts City elections, and membem of the Charter Revision Commission believed that participation would create a potential conflict of interest and possibly undermine public confidence in the election process. Members of the managerial group will continue to be prohibited fi'om engaging in political activity in order to avoid potential conflicts with members of the city council on public policy and to avoid any potential for coercion or retaliation concerning other employees. Any form of coercion or retaliation against City employees for engaging in protected political activities will not be allowed. Numerous laws and constitutional safeguards already prohibit coercion or retahation, but the members of the Commission wanted to include such a prohibition in the Charter as part of this amendment. The amendment also clarifies the prohibition that no political activities may be conducted while employees are in uniform, on duty or using City resources. Using City resources for political activities generally would be prohibited by provisions of the Texas Election Code; however, the Commission wanted to make this prohibition clear in the Charter itself. Actual Text of Amendment Article VII, Employment Regulations, Section 4, Participation in Political Activity With the exception of members of council, no employee or officer of the city shall in any way participale in political activity of any nature while on duty, in uniform or ',.'pen oity property nsin~ city resources_ With the exception of members of the managerial group and employees of the city secretsrv's office, officers and employees of the city may 10 p,~ticioate in political activity: provided tim[ no coercion or retaliation concerning political activity shall be allowed,vv_v..,~ ..... :~ ..v-A No members of the managerial group or employees of the city secretary's ofliceor officera of tho oity shall at any time take part in any political activity on city_-related issues except to provide factual information at the direction of the city manager, to express their own opinio~ privately, and to east their votes_. Proposition ~ Simplifying the existing restrictions concerning City officials and employees running for other public office in order to make the current provisions easier to follow, without making any substantive changes in the restrictions. Summary Historically, the City Ctumer has included requirements that members of the city council and other city officials must resign their city positions if they seek other public office. Con/!icts have occurred, and a number of amendments have been adopted over the years eliminating most "resign-to-run" restrictions affecting City officials. Due to multiple amendments creating exceptions and subsequent exceptions to the prior exceptions, the language in the Charter has become confusing and difficult to follow. The proposed amendment is not a substantive change to the existing provisions of the City Charter, but it rewords the existing provisions in order to make the current reslrictions more clear and easier to follow. Actual Te~t of Amendment Article VII, Employment Regulations, Section 5, Officers and Employees, Candidacies (a) A member of the city council may file as a candidate for nomination or election to any oublic office, including a vosition under this charter. Upon the election or appointment to a non-Cie/public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non-city public office. U0on the election or apoointment to a non-Cie/public office or upon the filing as a candidate for any position under this charter, such board, commission or committee member shall forfeit his or her position. (c) A cie/emolovee may file as candidates for nomination or election to any non-cie/public office and may serve in such ~osition if elected or a~pointed' so long as such activities do not interfere with his or her city employment conlrarv to ordinances and e~lminislxafive rekmlations. If any city employee shall file as a candidate for nomination or election to a position under ~s charter, such employee shall forfeit his or her employment with the city. 11 Except ,~ provided in ~ charter, no person elected to any office of the city shall, during tho term for which he or she wo~ elected, be appointed to any other office or po~ifion in tho service of tho city. If any officer or employee of tho city ~hall file as a ~andidate for nomirmtion or election to any public office, ho or oho ~hnll forfeit hi~ or her office or omplo],~ont, provided that a member of tho council may file as a candidate for election to a position under thio etuu'ter. Provided, further, that a member of tho council or a member of a city beard, eommi~ion or committee may file ~ a candidate for nomination or aloction to any noneity public office, but ouch pcmun olmll fodoit hi~ or her position if elected or appointed to such office. Provided, further, that cmployeas may file as candidates for nomination or election to any noneity public office and ma],, ~ervo in tach positio~ if elected or ~ppointed, oo long as such activities do not interfere with their city employment contrary to ordinanoe~ and edministmtivo regulations. Proposition Z Changing the property tax cap to conform to the tax cap set by the Texas Constitution. Summary In 1980 voters at a special election conducted ia Corpus Christi approved a City Charter amendment imposing a 68-cent cap on property taxes and limiting the growth in property appraisals to 6% per year. Subsequent lawsuits were filed concerning the constitutionality of the amendment and defamation, and the lawsuits were settled with the parties acknowledging that portions of the amendment were unconstitutional. The 68-cent tax cap was allowed to remain in place although City officials never agreed that it was constitutional. The Texas Constitution establishes a property tax cap of $2.50 per $100.00 of assessed valuation for all Texas cities comparable to Corpus Christi. Although Corpus Christi and other similar cities do not levy property taxes anywhere near that legal maximum, the legal limit is a siEnificant factor to bond rating agencies in determining the creditworthiness of cities in the issuance of bonds and in maintaining operations and ma'mtenance to support essential city services. This Charter provision has been amended on two separate occasions since 1980 in order to provide the City with greater flexibility in dealing with the property tax cap and issuing new bonds for public improvements. Despite the previous amendments, bond rating agencies continue to cite the 68-cent property tax cap as a significant concern, and it puts Corpus Christi at a disadvantage when being compared to the creditworthiness of other Texas cities. The Charter Revision Commission voted to eliminate the 68-cent property tax cap and restore the original provisions of thc City Chamr setting thc limit at the level established by the Texas Constitution. The City of Corpus Christi incurs additional expense each year based upon higher interest costs on issued bonds because of the 68-cent property tax cap. The members of the Commission believe that the 68-cent tax cap should be repealed. 12 Actual T~ct of Amendrnent Article VII/, Taxation and Bonds, Section 1, Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except aa provided in paragraph (b)below, tho maximum tax rata for all purposea shall not exceed sixty eight eonta ($0.68) per one hundred dollar~ ($100.00) of asso~ood value. Tho maximum mx rate limitation shall remain in full force and effect until changed by charter umondmont or by ordinance duly adopted after a referendum election at which a majority of tho registered votom voting at such election approvad adoption of tho ardinan~. (b) The maximum tax rote tho city council ma)' levy in ~upport of debt aorvice for any tax supported obligations ~eh are authorized by tho voters of the city at an election held altar April '1, 1993, shall bo limited to the tax rata lknitation provided ha tho Texas Constitution. In tho event an), such voter approved obligations ar~ rofundad by tho iasue of refunding obligations aa authorized under Toxaa law, tho debt service on such refunding obligations shall bo subject to tho maximum tax rate limitation in paragraph (a) above unless: (i) the refunding results in a not present value savings to tho city as determined by tho Texaa Attorney General, or (ii) ~ueh refunding obligations axe authorized by the votera of the city et an election hold for such purpoae_ (e) If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. ~(c) The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquem. (:)(cl) The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. Proposition 8. Allowing certain leases for the construction of boat slips and docking facilities to be for terms not more than 15 years without the necessity of an election, simplifying the procedures concerning short-term leases less than 5 years, transfers of leases, regulation of leases and approval of oil and gas leases, and updating other provisions to current State law and court decisions. Summary 13 Long-term leases along the Corpus Christi Bayfi'ont have proven to be eonl~oversial over the years, and thc Charter was amended in 1985 generally to allow long-term leases in other p~s of the City without res~'iction but requh-e that leases of submerged lands on the Bayfront for terms longer than five yeaa's must be approved by a voter referendum. The Chair also provides that voters can submit petitions requiring an election on any long-term lease by circulatins and submitting the petitions within 60 days after the second reading of the ordinance approving the lea~e. The replacement of boat slips and docking facilities are routiae capital improvements on the Bay~ont, but in order to amortize the costs of better facilities, more than five years is required. This amendment will maintain the requirement that leases longer than five years of the submerged lands along the Bay~ont must be approved by voter referendum, but it provides an exception allowing leases of boat slips and docking facilities for up to 15 years. This amendment also updates several references to State laws in the Charter to the current provisions ia the Texas Government Code in order to direct citizens to the appropriate references. This amendment also simplifies the procedures for approving leases and fi-anchises having terms of five years or less, the transfer of leases and franchises, and the termination of leases in the event of default_ It also clarifies the procedures to be followed in awarding oil and gas leases. Lastly, this amendment eliminates a restriction on utility rates that has been ruled invalid by the courts. Actual Text of Amendment Article VIII, Public Utilities, Franchises and Leases, Section 2, Power to Grant Franchise or Lease (a) The council shall have the power by ordinance to grant, renew, and extend all fi-anehises of all public utilities of every character operating within the city and all leases of property of the city; mad, with the consent of the franchise holder or the lessee, to amend the same; provided, however, that (1) No franchise shall be granted for a term of more than thirty yeats; and (2) No lease covering any property of the city shall be granted for a term of more than sixty years. (3~ No lease covering any property of the City which lies under the waters of Corvus Christi Bay and was patented to the city by the State of Texas shall be granted for a term of more than five years unless avproved by a maioritv of the qualified voters of the city, votm~ at an election duly called for such pumose, provided that leases for the comm'uction on use of boat slips or dockin~ facilities may be granted for not more than fifteen years without the necessity of an election re~luired by this section. 14 No fimaohioo or lomm on any property of tho city which lion under the waters of Corpus Chrhrd Bay and xvas patented to the city by tho State of Texas shall be granted, renewed, or oxtandod for a term of mor~ thnn five yoaro tmle6s thom is oubmitted to tho qualified votaru of tho city, at an election duly called for such purpose, tho question of whether or not the council ohould enact tho particular ordinance granting, reno~ing or extending such particular franchise or lea~e, and a majority of torah qualified volor~ voting at such election favor tho enactmant of the ordinance. The question of whether or not tho council should enact any particular fixmchi~e or lease for a term of five yearn or 1ooo may bo submitted to the qualified votem of the city; and in such event the ordinance ohnll not be enacted unloo~ approved by a majority of tho qualified voter~ voting at ouch elcotinn. (b) No lease covering any property of the city which lies under the waters of Corpus Christi Bay and was patented to the city by the SCa~t~ of Texas shall grant to the lessee any right to erect or maintain any s~'ucture or building with the exception of yacht basins, restaurants, buildings for the housing of bay bont concessions and uses permitted by the city zoning ordinance in a bay fl-out use zoning dis~ct- Article VIII, Public Utilities, Franchises and Leases, Section.3, Ordinance granting franchise or lease. (a) Every ordinance granting, extending or amending a franchise or a lease of property of the city shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the fust reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be berne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or ameDding a lease or franchise of more than oao-yoa~ five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Section 282.003, Texas Government Code Section 282.003, Texas Government Code Section 282.003, Texas Government Code Article 1181, Vemon's Texas Civil Statutes, as amended now or in the future. (b) Notwithstanding any other provision of this charter, any ordinance granting or authorizing the execution of a lease having a term of one 7ear five years or less may be finally passed and the lease authorized without publication of any notice, and in cases of declaration of emergency may be passed without necessity of two readings. Article VIII, Public Utilities, Franchises and Leases, Section 4, Transfer of franchise or lease. No franchise or lease of property of the city shall be transferred by the holder thereof except with the approval of the council expressed by ord~ce, which approval 15 shall not be unreasonably w~thheld. Council aoomval may be mad at two consecutive regular council meetings of the council, or if an emereencv is declared may be finally read and aoproved at one regular meeting of the council. Notwithstanding the foregoing, the city council may delegate to the city manager by ordinance the authority ~0 approve routine transfers of franchises or leases and amendment~ designed to update existing franchises or lea~es to current city requirements. Article VIII, Public Utilities, Franchises and Leases, Section 6, Regulation of leases Every grant, renewal, extension or amendment of a lease of property of the city, whether so provided in the lease or not, shall be subject to the right of the city: (a) To terminate such lease at any time for failure of the lessee to comply with the t~ms of the lease or the terms of this section, ~ueh power to be exercised only by ordinanoo duly adopted after notice and hearing. Article VIII, Public Utilities, Franchises and Leases, Section 8, Leases of land or interests in land for oil, gas or minerals. (a) In the making of any oil, gas or mineral lease concerning any mineral interests belonging to the city, the city shall publish notice of its intention to lease the mineral interests, describing the same, in a newspaper having a general ckculation in the city, once a week for a period of three consecutive weeks, designatiag the lime and place after publication where the city will receive and consider bids for oil, gas or mineral leases thereon. In calling for bids for any lease or leases, tide city may specify such terms and conditions as shall be required by it in any lease or leases and any particular methods the city will utilize in evaluating the bids. (b) On the date specified in the notice, the city shall receive and consider any and all bids submitted for the leasing of the mineral interests proposed to be leased. Upon review of all the bids, e.a~ the council shall award the lease or leases based on the bid or bids determined to be most advantageous to the city. The council shall have the right to waive any defect, irregularity or informality in any bid or bidding procedure, and the council shall have the right to reject any or all bids submitted. Article VIII, Public Utilities, Franchises and Leases, Section 10, Public utilities (a) The city shall have power to own, maintain and operate, within or without the city limits, any public utility, and the city council shall adopt appropriate ordinances for the maintenance and operation thereof and fix the compensation to be charged therefor. The city shall have power to purchase electricity, gas, oil or any other article used by the public on such terms as the city may deem proper for sale and distribution to the inhabitants of the city and adjacent territory; provided, that no contract of purchase binding the city for a longer period than five years shall be valid unless authorized by a majority vote at an election called for such purpose. 16 (b) Tho rote for each utility serviec operated by the CitT ohail not bo inoraa~ed in any lineal year by more than six por~ont (6%) over the rate ohmgod tho proceeding ),oar; provided, hmwvor, in the event of an em~rgonoy dedarad by tho council with all mombem voting ~ayo' on tho inorease, than a higher rate ma), be adopt~l on a temporary beais for tho next fisool year. gffeetive on voter approval. Propos#ion 9. Updating the provisions concerning general powers of the City in order to conform to new State laws and procedures. Summa~ This amendment is more of a housekeeping amendment in order to update references to State laws to the current statutes and codes in effect and modify the pttrehasing procedures to take into account modem purchasing methods provided under the Texas Local Government Code. Actual T~xt of.4 mendmen t Article X, General Powers and Provisions, Section 1, General Powers (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home nde cities in the Texas constitutiom statutes and codes, and sveeificall¥ mcludin~ the powers presently enumerated in Article 1175, Texas Civil Statutes, and formerly enttrnerated in Article 1175, which have been codified in other provisions of Texas statutes and codes, and which may be added thereto at any time in the future, and the following powers: to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this charter: (12) To assess the cost of street, sidewalk and related improvements agalngt abutting property owners and fix a lien against such abutting property in any manner authorized by Subehapter E of Chapter 402, Texas Local Government Code, and Cha~ters 312 and 313, Texas Transvortation Code~4atiolos 1105b or 1086 through 1105, Texas Civil 8tatutea, as the same may be amended ia the future, or other state law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. Article X, General Powers and Provisions, Section 2, Contracts (a) All contracts shall be authorized by the city council, except that the city manager may authorize conlracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. 17 (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary. Provided, however, as to standard contracts for multiple txansactions, the city attorney need only approve the standard form. (c) All ~urchases and contxacts must be competitively bid or proposed o.=~r based u~on a procurement method authorized by a~ re~'~e~ state law. For any contract that is based on competitive bids or proposal, after ARer approval of specifteations by the city manager, advertisement of such contracts shall be published in a newspaper of general circulation in the city at least once in each week for two consecutive weeks, inviting competitive bids or proposals. All bids or proposals submitted shall be sealed and delivered in the manner requh'ed by the specifications. At the time announced in such notice, the bids or proposals shall be opened in the presence of one or more city employees designated by the city manager and in the presence of those bidders desiring to be present, except that confidentiality may be provided in accordance with state law. The council shall determine the most advantageous bid or proposal for the city. The city shall always have the fight to reject any and all bids or proposals_ In the event all bids or proposals are rejected, the city may call for new bids or proposals at its discretion, which shall be advertised in like manner as the original. (d) No contxact shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. Proposition 10. Changing the date of the regular city council election from the first Saturday in April to the November uniform election date in order to conduct city council elections at the same time as elections for federal and state elected officials. Summary The proposition would change the date of the regulax City council elections fxom the first Saturday in April of odd-numbered years to the uniform election date in November of even- numbered years to coincide with the elections for federal and state elected officials. Voter participation in all elections has declined substantially in recent years, and fewer voters participate in the City elections in April compared to the level of voter turnout in the November elections. Moving the City elections to November would increase the level of voter turnout significantly. On the other hand, the November ballots already are filled with numerous candidates for federal, state and county positions, including all of the various judges, constables and justices of the peace. The mayor and city council membem would not feature very prominently in these 18 elections due to the presence on the ballot of the President, U.S. Senators and Cong~ssmen, State officials, legislators and judges. The Del Mar College Board of Regents moved its elections to November and has had a similar experience. Voter participation is much higher in the November election, but candidates receive little attention of the voters due to the long ballot of much more highly-publicized races. Thc positive reasons supporting this change are higher voter turnout, broadening the range of voters participating in the political process, and possibly reducing the number of elections overall. The reasons against this change are the loss of attention paid to City candidates and the higher costs of conducting campaigns since media expenses are much greater in the November election campaigns due to increased demand. The Commission also looked at the length of terms of office and the possibiLity of lengthening the current terms from two years to three or even four years. Due to resiricfions in the Texas Constitution, in order to lengthen terms beyond two years, the City either would have to change its method of electing council members to all single-member distxicts (and eliminate the three at-large positions) or have the Texas Constitution amended. The Commission did not form a consensus on lengthening the terms of office under either of these scenarios. Due to the two-year term length limitation, in order to convert to a November election cycle, the mayor and council members elected in April 2005 would serve shortened terms expiring after the November 2006 elections. This Proposition was the most intensely debated Proposition of the Commission. The issue was discussed to some extent at nearly all of the meetings of the Commission, and initially the Proposition failed to receive the support of the Commission in its Preliminary Report (6-9 vote). After the public hearing on June 8, 2004, the Proposition was included in this Final Report by an 8-7 vote. Actual Text of Amendment Article 1I, City Council, Section 1 (b), Membership and term (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in even-numbered years on the uniform election date in November odd numbered years on the first 8amrday in April unless the city council designates an alternative Saturday in April or the next available uniform election date allowed by state law at least six months prior to thc regular election. In order to vrovide a masition to this new election schedule, elections shall be conducted on the first Saturday in April 2005, and the mayor and members of the city council elected in A~ril 2005 shall serve until their successors are elected and attalified in the elections held in November 2006. F:\I l~21mrte~,004 Final Rp~doc 19 Proposition 1. Updatin.g th.ei [., concerning ~n ~ ! and,___. referendum in ~ .~to com~"l/ with new laws and',election ~ -~ -- procedures. Proposition 2. Updating the provisi.o~s~ concerning c~ty council elections, council meetings, kd the mayor's veto poWer and recall elections in/order to conform the procedures to State laws and c~ty council .... meeting dates " / Proposition 3. :Increasing the city council elections. to $ per year and of the?,?mayor $18,000 per year, tO'be after the next citY Council \ Pro/~osition 4. Updating the provisi_ops.~.i. concerning the approval of budgets and the ex~enditur(! City funds in order tO compl~ with new laws, cOUi'rtdecisiol,~S and accounting practiCes. Proposition 5. Allowing city employees, other than managerial em employees in the office, to pa in poi activities; provided?/that, no political activities may be conducted while in uniform, I duty, or using ciW resou and no coercionOr retaliati,,~ i~ allowed. Proposition 6. Simplifying the restrictions ng City , officials and em ,,, ru make the currentProVisions easier to follow, WithOUt ma any substantive?changes i~', restrictions. Proposition 7. Changing the i~' ~;;~~ conform to the tax the Texas set bV, Pro/~o$itJon 8. Allowing certain leases for the construction of boat slips and docking facilities to be fo~.~li~', more than :t5 years wI~EE~ut the necessity of an electioh~, sim ' the procedures concerning term leases less than5 Years, transfers of leases, regulation leases and approval of oi/and leases, and updatir~g other to current State law and court decisions Prouosition 9. Updatin.g the provisio~l~ ii concerning genera~powers the City in order to,conform new State laws and Proposition 10. Changing the date oftlae~/~.~ ¢ cit3t council electio~-th~ '~ first Saturday in Ap~il to thel". November uniform' election ~l 8te in order to conauct ci~ cou elections at the same time elections for federal and s~., elected officialS. ,I 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 24~ 2004 AGENDA 1TEM: ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD VALOREM TAXES; 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; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF TI-IlS ORDINANCE AND DECLARING THAT THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON 1TS ADOPTION BY CITY COUNCIL IN ACCORDANCE WITH PROVISIONS OF V.T.C.A, GOVERNMENT CODE, SECT1ON 1201.028. ISSUE: At its last meeting staff presented package options for bond issue 2004. Council advised staffto include projects listed in packet option 4A in the ordinance calling for bond 2004 election. CONCLUSION AND RECOMMENDATION: Staffrecommends passage of the election ordinance. George K. ~ City Manager H:~EG-DIR2~aurieLA2vI~y Kay\bond agenda memo.doc AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD VALOREM TAXES; 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; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE AND DECLARING THAT THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION BY CITY COUNCIL, IN ACCORDANCE WITH PROVISIONS OF V.T.C.A., GOVERNMENT CODE, SECTION 120,1.028. WHEREAS, the City Council finds that the citizens of Corpus Christi should have the opportunity to approve the issuance of obligations of the City supported by ad valorem taxes for needed public improvements; and WHEREAS, the City is authorized by Article VIII of the City Charter to issue general obligation bonds in accordance with State law; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 2, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas, on November 2, 2004, for the purpose of submitting to the voters of the City ballot propositions that authorize the issuance of obligations supported by ad valorem taxes. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State's directive "Alternate Method of Testing Precinct Ballot Equipment" SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. He is directed to request consideration by the U. S- Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic data and information as required by law. SECTION 5. Paper ballots and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 FOR AGAINST Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $ with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the construction of permanent street improvements throughout the City, including, without limitation, constructing, reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains in said City; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? PROPOSITION NO. 2 FOR AGAINST Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $ with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the construction of permanent public safety improvements to fire stations throughout the City and the acquisition of necessary sites therefor; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? PROPOSITION NO, 3 FOR AGAINST Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $ with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the acquisition of land and the construction of permanent improvements, including, without limitation, new library and learning center construction and expansion of existing libraries; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficmnt to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? PROPOSITION NO. 4 FOR AGAINST Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securitms of the City, in one or more series or issues, in the aggregate principal amount of $ with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the acquisition and construction of park and recreation facilities throughout the City; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? PROPOSITION NO. 5 FOR AGAINST Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue, in accordance with law at the time of issuance, the public securities of the City, in one or more series or issues, in the aggregate principal amount of $ with the public securities of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the acquisition of land and the construction of permanent public improvements for the Bayfront Development Plan, including, without limitation, constructing, reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains along Shoreline Drive, developing parks and recreational facilities along Shoreline Drive, and related public improvements; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity? SECTION 8. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesmd PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, a. nd with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 FOR AGA1NST THE ISSUANCE OF PUBLIC SECURITIES FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE AGGREGATE SUM OF $ PROPOSITION NO. 2 FOR AGAINST THE ISSUANCE OF PUBLIC SECURITIES FOR PUBLIC HEALTH AND SAFETY IMPROVEMENTS IN THE AGGREGATE SUM OF $ FOR AGAINST PROPOSITION NO. 3 THE ISSUANCE OF PUBLIC SECURITIES FOR PUBLIC LIBRARY AND LEARNING CENTER IMPROVEMENTS IN THE AGGREGATE SUM OF FOR AGAINST PROPOSITION NO. 4 THE ISSUANCE OF PUBLIC SECURITIES FOR PARK AND RECREATIONAL IMPROVEMENTS IN THE AGGREGATE SUM OF $ PROPOSITION NO. 5 FOR AGAINST THE ISSUANCE OF PUBLIC SECURITIES FOR THE BAYFRONT DEVELOPMENT PUBLIC IMPROVEMENTS IN THE AGGREGATE SUM OF $ SECTION 9. The voter-approved obligations issued pursuant to Propositions 1, 2, 3, 4 and 5 referenced above shall be secured by the full tax rate authorized by the Texas Constitution, in accordance with Article VIII, Section l(b) of the City Charter. SECTION 10. The election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 2, 2004, wlfich shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 11. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECTION 12. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other sectmn, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 13. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. ATTEST: THIg CITY OF CORPUS CHRISTI Armando Chapa, City Secretary LEGAL FORM APPROVED: ,2004. Samuel L. Neal, Jr. MAYOR BY: Mary Kay Fischer, City Attorney PP~CINCT 1 2 3 4 5 6 7 8 *9 '15 '16 17 18 '19 ATTACHMENT "A' CITY OF CORPUS CHRISTI SPECIAL ELECTION NOVEMBER 2, 2004 POLLING PLACE AND ADDRESS First Presbyterian Church 430 S. Carancahua Windsor Park School 4525 S. AJameda Cedar Ridge Townhomes 4445 Cedar Pass Kostoryz Elementary School 3602 Panama Hamlin Middle School 3900 Hamhn Ethel Eyerly Community Center 654 Graham Road Oak Park Special Emphasis School 3701 Mueller Fire Station No. 4 2338 Rodd Fied Road Calallen Middle School 4602 Corner The People's Baptist Church 6650 Old Brownsville Road London School 350 London Road Smith Elementary School 6902 Williams Ronnie H. Polston County Building 10110 Compton Road Port Aransas Community Center 408 S. Alister PRECINCT 20 21 *23 24 26 29 30 31 32 33 34 38 39 40 41 POLLING PLACE AND ADDRESS Galvan Elementary School 3126 Masterson Kiwanis Recreation Center 3933 Timon Blvd. River Hills Baptist Church 16318 FM 624 West Oso Hi§h School 5202 Bear Lane Grace Presbyterian Church 6301 Yorktown Luther Jones Elementary School 7533 Lipes Avenue Oveal Williams Senior Center 1414 Martin Luther Kin§ Leal Residence 1217 10th Street Blanche Moore Elementary School 6121 Durant Geor§e Evans Elementary School 1315 Comanche Our Lady of Mount Ca~mel 1090 Clarkwood Road Brooks Chapel A.M.E. Church 2101 N. Port South Bluff United Methodist 1329 7th Street Island Presbyterian Church 14030 Fortuna Bay Bonilla Building (Atrium) 2727 Morgan Street PRECINCT 42 43 44 45 46 47 48 49 5O 51 52 53 56 57 58 POLLING PLACE AND ADDRESS Citko Deb 2766 Santa Fe Wm. Travis Elementary School 3210 Church/Il Zavala Senior Center 5 l0 Osage Geor§e Wiggins Homes 2320 Buford Street South Texas Inst/tute for the Arts 2021 Agnes Ben Garza Gym 1815 Howard Abiding Savior Church 4326 M cA_rcUe Scott Vetters Scout Hut 3221 McKinzie Lindale Recreation Center 3133 Swantner Gibson Elementary School 5723 Hampshire Korean Presbyter/an Church 3757 Up River Road Sam Houston Elementary School 363 Norton La Armada Boys & Girls Hall 1455 Southgate Del Mar College {Harvin Center) 101 Baldwin Menger Elementary School 2401 S. Alameda PRECINCT 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 POLLING PLACE AND ADDRESS Incarnate Word Academy 2930 S. Aiameda Adult Learning Center 3902 Morgan Avenue Teenage Mothers Schools (TAMS) 3109 Carver Wynn Seale Middle School 1707 Ayers Street Parkway Presbyterian Church 3707 Santa Fe Wilson Elementary School 3925 Fort Worth Montclair Elementary School 5241 Kenmer Fire Station No. 7 3722 S. Staples Kaffie Middle School 5922 Brockhampton Coastal Bend Hearing Aide Center 3061 S. Staples Baker Middle School 3445 Pecan Arrowsmith Apax Cments 5701 Williams Drive Lexington Elementary School 2901 McArdle Central Park Elementary School 3602 McArdle 73 James W. Fannin Elementary School 2730 Gollihar pRECINCT 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 POLLING PLACE AND ADDRESS Cunnin§ham Middle School 4321 Prescott David Crockett Elementary School 2625 Belton Port Avenue Drugs 913 Port Avenue Lozano Elementary School 550 Osage John F. Kennedy School 5040 Rockford Miller Hig~h School 1 Batthn Buc Skinner Elementary School 1001 Bloomington Christus Spohn Family Center/Padre 14202 S. Padre Island Drive Fire Station //9 501 Naviga~on Alexander Tile 1901 Baldwin Blvd. C.C. Area Council for the Deaf 5151 McArdle T.G. Allen Elementary School 1414 18th Street Recio's Restaurant 3150 S_ Alameda Carroll Lane Elementary School 4120 Carroll Lane Second Baptist Church 6701 Staples PRECINCT 89 9O 91 92 93 94 95 96 97 98 99 100 101 '103 106 POLLING PLACE AND ADDRESS Sunrise Baptist Church 5730 Kimbrough Fire Station #11 910 Airline Coral Cay Apartments 1234 Nile Cullen Place Middle School 5224 Greely Place Water Utility Building (Conference Room) 2726 Holly Road Wm. Calk Elementary School 4621 Marie Street Ss. Cyril & Methodius Church (Room El) 3210 S_ Padre Island Drive Church of Christ 3001 Norton Street Rosas Garage 4462 Dinn Street Moody High School 1818 Trojan Drive West Heights Baptist 642 Scott Tuloso-Midway Intermediate School 1925 Tuloso Road Rand Morgan High School 2653 McKinzie Tuloso-Midway Middle School 9380 La.Branch Tom Browne Middle School 4301 Schanen PRECINCT '107 109 110 *111 112 113 114 115 116 117 118 119 120 121 POLLING PLACE AND Ar~DRF~ McGee Elementary School 4201 Calallen King High School 5225 Gollihar Hilltop Community Center 11425 Leopard Street LULAC West Apartments 10702 IH 37 Schanen Estates Elementary School 5717 Killm'met Garcia Elementary School 4401 Greenwood St. John's Baptist Church 5445 Greenwood Club Estates Elementary School 5222 Merganser Elliott Grant Middle School 4350 Aaron Flour Bluff High School (Auditorium) 2505 Waldron Road Most Precious Blood Church 3502 Saratoga Fire Station # 14 5901 S. Staples Woodlawn Elementary School 1110 Woodlawn C.P. Yeager Elementary School 5414 Tripoli 122 Flour Bluff ISD (Maintenance Dept.) 2505 Waldron Road PRECINCT POLLING PLACE AND ADDRESS 123 Calallen East Elementary School 3709 Lott Avenue 124 Cimarron Senior Apartments 2802 Cimarron Blvd. 125 Mireles Elementary School 7658 Cimarron Blvd. Indicates partially inside and outside City limits. ATTACHMENT "B" EARLY VOTING SUBSTATIONS NOVEMRER 2, 2004 JOINT ELECTIONS Hours of Operation October 18 - October 22 October 23 October 24 October 25 - October 29 8:00 am to 5:00 pm 7:00 am to 7:00 pm 12:00 pm to 5:00 pm 7:00 am to 7:00 pm 10. 11. 12. Nueces County Courthouse 901 Leopard, Corpus Christi, Texas Johnny S. Calderon County Building 710 E. Main, Robstown, Texas Nueces County Bishop Community Center (Precinct 2) 102 W. Joyce Street, Bishop, Texas Port Aransas Community Center 408 N. Alister, Port Aransas, Texas Ronnie H. Polston County Building 10110 Compton, Corpus Christi, Texas Corpus Christi Area Council for the Deaf 5151 McArdle, Corpus Christi, Texas Greenwood Senior Citizens Center 4040 Greenwood, Corpus Christi, Texas Hilltop Community Center - Annaville 11425 Leopard, Corpus Christi, Texas City of Corpus Christi 1201 Leopard, Corpus Christi, Texas Del Mar College Baldwin & Ayers, Corpus Christi, Texas Molina Neighborhood Center 614 Home Road, Corpus Christi, Texas Fire Station No. 15 14202 Commodores 88/19/2884 13:84 3618880329 hIJECES C:~xlTY CLERK PA6E 82/88 MOBILE EARLY VOTING GU..ENDAR I - I .,,, I .-.I-_-? .I .., I 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 24, 2004 AGENDA ITEM: ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF ESTABALISHING A PERMANENT AD VALOREM TAX FREEZE ON RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER OR DISABLED PERSONS AND ELIGIBLE SPOUSES; PROVIDING FOR CONSIDERATION OF AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. ISSUE: At its last meeting staffpresented draft ballot language for the proposition for permanent ad valorem tax freeze on residence homesteads of elderly or disabled persons and eligible spouses. City Council approved ballot language to place in the ordinance. CONCLUSION AND RECOMMENDATION: Staff recommends the passage of this ordinance. George K. City Manager H:~EG-DIR~LaurieLA~7 Kay,freeze agenda memo doc AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, IN Tl~E CITY OF CORPUS CHRISTI ON THE QUESTIONS OF ESTABALISHING A PERMANENT AD VALOREM TAX FREEZE ON RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER OR DISABLED PERSONS AND ELIGIBLE SPOUSES; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISH1VHgNT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Texas Legislature in Article VIII, Section 1-b(h) of the Texas Constitution requires that on receipt of a petition signed by five percent (5%) of registered voters of the city, the governing body of the city shall call an election to determine by majority vote ~vhetber to freeze the total mount of ad valorem taxes imposed on the homesteads of persons xvith disabilities or persons sixty-five years of age or older and eligible spouses; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 2, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas, on November 2, 2004, for the pm-pose of submitting to the voters of the City a ballot proposition to determine by majority vote whether to freeze the total amount of ad valorem taxes imposed on the residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote~ SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attaclunent A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State's directive "Alternate Method of Testing Precinct Ballot Equipment". SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. He is directed to request consideration by the U. S. Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic data and information as required by law. SECTION 5. Paper ballots and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the fLrst floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of tiffs ordinance. In addition, early voting in person may be conducted al the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance w/th the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following proposition (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION PERMANENT AD VALOREM TAX FREEZE FOR AGAINST THE ESTABLISHMENT OF A PERMANENT AD VALOREM TAX FREEZE ON RESIDENCE HOMESTEADS OF PERSONS SIXTY (65) YEARS OF AGE OR OLDER OR DISABLED PERSONS AND ELIGIBLE SPOUSES. SECTION 8. The election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 2, 2004, which shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the defmite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 11. That upon written request of the May or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary LEGAL FORM APPROVED: BY: M~ ay~orney Samuel L. Neal, Jr. MAYOR Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PRECINCT 1 2 3 4 5 6 7 8 *9 '15 '16 17 18 '19 ATTACHMENT ~A' CITY OF CORPUS CHRISTI SPECIAL ELECTION NOVEMBER 2, 2004 POLLING PLACE AND ADDRESS First Presbyterian Church 430 S. Carancahua Windsor Park School 4525 S. Alameda Cedar Ridge Townhomes 4445 Cedar Pass Kostoryz Elementary School 3602 Panama Hamlin Middle School 3900 Hamlm Ethel Eyerly Community Center 654 Graham Road Oak Park Special Emphasis School 3701 Mueller Fire Station No_ 4 2338 Rodd Fled Road Calallen Middle School 4602 Comett The People's Baptist Church 6650 Old Brownsville Road London School 350 London Road Smith Elementary School 6902 Williams Ronnie H. Polston County Building 10110 Compton Road Port Aransas Community Center 408 S. Alister PRECINCT 20 21 ~23 24 26 29 30 31 32 33 34 38 39 4O 41 POLLING PLACE AND ADDRESS Galvan Elementary School 3126 Masterson Kiwanis Recreation Center 3933 Timon Blvd. River Hills Baptist Church 16318 FM 624 West Oso Hi§h School 5202 Bear Lane Grace Presbyterian Church 6301 Yorktown Luther Jones Elementary School 7533 Lipes Avenue Oveal Williams Senior Center 1414 Mart. in Luther Kin§ Leal Residence 1217 10th S~eet Blanche Moore Elementary School 6121 Durant Geor§e Evans Elementary School 1315 Comanche Our Lady of Mount Carmel 1090 Clarkwood Road Brooks Chapel A.M.E. Church 2101 N. Port South Bluff United Methodist 1329 7th Street Island Presbyterian Church 14030 Fortuna Bay Bonilla Building (Atrium) 2727 Morgan Street PRECINCT 42 43 44 45 46 47 48 49 50 51 52 53 56 57 pOLLING PLACE AND ADDRESS Citko Deli 2766 Santa Fe Wm. Travis Elementary School 3210 Churchill Zavala Senior Center 510 Osage George Wiggins Homes 2320 Buford Street South Texas Institute for the Arts 2021 Agnes Ben Garza Gym 1815 Howard Abiding Savior Church 4326 McA.rdle Scott Vetters Scout Hut 3221 McKinzie Lindale Recreation Center 3133 Swanmer Gibson Elementary School 5723 Hampshire Korean Presbyterian Church 3757 Up River Road Sam Houston Elementary School 363 Norton La Armada Boys & Girls Hall 1455 Southgate Del Mar College (Harvin Center) 101 Baldwin 58 Menger Elementary School 2401 S. Alameda pRECINCT 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 pOLLING PLACE AND ADDRESS Incarnate Word Academy 2930 S. Alameda Adult learning Center 3902 Morgan Avenue Teenage Mothers Schools (TAMS) 3109 Carver Wynn Seale Middle School 1707 Ayers Street Parkway Presbyterian Church 3707 Santa Fe Wilson Elementary School 3925 Fort Worth Montclalr Elementary School 5241 Kenmer Frre Station No. 7 3722 S. Staples Kaffie Middle School 5922 Brock. hampton Coastal Bend Hearing Aide Center 3061 S. Staples Baker Middle School 3445 Pecan Arrowsrnith Apartments 5701 Williams Drive lexington Elementary School 2901 McArdle Central Park Elementary School 3602 McArdle James W. Fannin Elementary School 2730 Golli_har PRECINCT 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 POLLING PLACE AND ADDRESS Cunningham Middle School 4321 Prescott David Crockett Elementary School 2625 Belton Port Avenue Drugs 913 Port Avenue Lozano Elementary School 550 Osage John F. Kennedy School 5040 Rockford Miller High School 1 Battlin Buc Skinner Elementary School 1001 Bloomington Chrisms Spohn Family Center/Padre 14202 S. Padre Island Drive Fire Station #9 501 Navigation Alexander Tile 1901 Baldwin Blvd. C.C. Area Council for the Deaf 5151 McArdle T.G. Allen Elementary School 1414 18th S~-eet Reclo's Restaurant 3150 S. Alameda Carroll Lane Elementary School 4120 Carroll Lane Second Baptist Church 6701 Staples pRF. CINCT 89 90 91 92 93 94 95 96 97 98 99 100 101 '103 106 POLLING PLACE AI~D ADDI~*~S Sunrise Baptist Church 5730 Kimbrough Fire Station # 11 910 Airline Coral Cay Apartments 1234 Nile Cullen Place Middle School 5224 Greely Place Water Utility Building (Conference Room) 2726 Holly Road Wm. Cnllt Elementary School 4621 Marie Street Ss. Cyril & Methodius Church (Room El) 3210 S. Padre Island Drive Church of Christ 3001 Norton Street Rosas Garage 4462 Dinn Street Moody High School 1818 Trojan Drive West Heights Baptist 642 Scott Tuloso-Midway Intermediate School 1925 Tuloso Road Rand Morgan High School 2653 McKinzie Tuloso-Midway Middle School 9380 LaBranch Tom Browne Middle School 4301 Schanen pRF. CrNCT '107 109 110 *111 112 113 114 115 116 117 118 119 120 121 122 POLLING PLACE AND ADDRESS McGee Elementary School 4201 Calallen King High School 5225 Gollihar Hilltop Commumty Center 11425 Leopard Street LULAC West Apartments 10702 IH 37 Schanen Estates Elementary School 5717 Killarmet Garcia Elementary School 4401 Greenwood St. John's Baptist Church 5445 Greenwood Club Estates Elementary School 5222 Merganser Elliott Grant Middle School 4350 Aaron Flour Bluff High School (Auditorium) 2505 Waldron Road Most Precious Blood Church 3502 Saratoga Fire Station #14 5901 S. Staples Woodlawn Elementm-y School 1110 Woodlawn C_P. Yeager Elementary School 5414 Tripoli Flour Bluff ISD (Maintenance Dept.) 2505 Waldron Road PRECINCT POLLING PLACE AND ADDRESS 123 Calallen East Elementary School 3709 Lott Avenue 124 Cimarron Senior Apartments 2802 Cimarron Blvd, 125 Mireles Elementary School 7658 Cimarron Blvd. * Indicates partially inside and outside City limits. ATTACHMENT EARLY VOTING SUBSTATIONS NOVEMBER 2, 2004 JOINT ELECTIONS Hours of Operation October 18 - October 22 October 23 October 24 October 25 - October 29 8:00 am to 5:00 pm 7:00 am to 7:00 pm 12:00 pm to 5:00 pm 7:00 am to 7:00 pm 8 10. 11. Nueces County Courthouse 901 Leopard, Corpus Christi, Texas Johnny S. Caldcron County Building 710 E. Main, Robstown, Texas Nueces County Bishop Community Center (Precinct 2) 102 W. doyce Street, Bishop, Texas Port Aransas Community Center 408 N. Alister, Port Aransas, Texas Ronnie H. Polston County Building 10110 Compton, Corpus Christi, Texas Corpus Christi Area Council for the Dca/ 5151 McArdlc, Corpus Christi, Texas Greenwood Senior Citizens Center 4040 Greenwood, Corpus Christi, Texas Hilltop Community Center - Annaville 11425 Leopard, Corpus Christi, Texas City of Corpus Christi 1201 Leopard, Corpus Christi, Texas Del Mar College Baldvdn & Ayers, Corpus Christi, Texas Molina Neighborhood Center 614 Home Road, Corpus Christ~, Texas 12. Fkre Station No. 15 14202 Commodores 08/19/~004 13:04 3618@@0329 NUECES COUNTY C3_ERK PAGE 82/88 MOBILJE EARLy VCYTNNG CALENDAR A~A~ 0