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HomeMy WebLinkAboutMinutes City Council - 12/14/2004I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of December 14, 2004, which were approved by the City Council on December 21, 2004. WITNESSETH MY HAND AND SEAL, on this the 21st day of December, 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 14, 2004 - 10:01 a.m. PRESENT Mayor Samuel L. Neal Jr. (Arrived at 10:10 a.m.) Mayor Pro Tem Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Pro Tem Noyola called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Napoleon Johnson of Faith Mission Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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 Pro Tem Noyola deviated from the agenda and referred to Item 41, a presentation on the 16t Annual "A Feast of Sharing" H -E -B Holiday Dinner. Assistant to the Mayor Diana Garza introduced each of the committee chairpersons to provide an update on their activities. Mr. Dee Haven reported on the menu and food preparation for the event. He stated this was the first time the event would be held in the new American Bank Center, and he was very pleased with their new kitchen facilities. He said Del Mar College's culinary arts students would be assisting with the food preparation, led by Chef Mark Carpenter and Chef Charles Logan, and assisted by Chef Roderick with CenterPlate. Ms. Robin Cohea with the Volunteer Center reported on volunteer recruitment efforts. She said this was the first time the public could register to volunteer on the internet. She also announced there would be two food handlers classes held for volunteers. Ms. Lisa Oliver with Senior Community Services reported on arrangements for home deliveries and transportation for homebound and disabled citizens. Ms. Gina Sanchez with H -E -B discussed the entertainment and special attractions schedule. Master of Ceremonies Judge Richard Schmidt, who has emceed the event for the past ten years, reminisced about his experiences participating in the event. Minutes - Regular Council Meeting December 14 , 2004 - Page 2 Ms. Venita Smith, an H -E -B employee who has volunteered for the event since its inception, spoke about how the event has evolved over the years. In conclusion, Ms. Garza thanked the participating city departments, the H -E -B Grocery Company, the American Bank Center, and all the other organizations involved for their support. * * * * * * * * * * * * * Mayor Neal called for approval of the minutes of the regular Council meeting of November 16, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: (NOTE: Mr. Kelly and Mr. Garrett abstained from the vote and discussion on the North Padre Island Development Corporation appointments) Arts and Cultural Commission Gloria T. Bilaye-Benibo (Appointed) James A. Rennier, Ph.D (Appointed) Coastal Bend Council of Govemments Yvonne Haag (Appointed) Oscar Martinez (Appointed) C.C. Regional Economic Development Corp. Gene Guernsey (Reappointed) Ethics Commission Robert Corrigan (Reappointed) Terry Carter (Appointed) Rick Marcantonio (Appointed) Museum of Science and History Advisory Committee Cheryl Gillenwater (Appointed) North Padre Island Development Corp. Javier Colmenero (Reappointed) Rex A. Kinnison (Reappointed) John Longoria (Reappointed) Jesse Noyola (Reappointed) Oil and Gas Advisory Committee Juan Cabasos (Reappointed) Robert DeLeon (Reappointed) Gretchen Arnold (Appointed) Glen Cooper (Appointed) Port of Corpus Christi Authority Mike Carrell (Reappointed) * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, the first reading of the proposed amendments to the smoking prohibitions ordinance. City Manager Noe explained the proposed ordinance amended the current smoking prohibitions ordinance by prohibiting smoking in restaurants, but allowing smoking to take place in bars on -premise. To distinguish between a bar and a restaurant, Mr. Noe stated staff had adopted the same definition for a bar used in the zoning ordinance as follows: "the retail sale of alcoholic beverages for on -premise consumption, provided the establishment derives more than 75 percent of the establishment's gross revenue for the on -premise sale of alcoholic beverages". He said there were provisions in the proposed ordinance to make the business operator responsible for proving their establishment was a bar if they allowed smoking. Minutes - Regular Council Meeting December 14 , 2004 - Page 3 Mr. Noe reported that yesterday, staff had sent the Council a number of additional proposed amendments to exempt outdoor dining areas, and to provide an effective date of February 1, 2005. Regarding the outdoor dining areas, the proposed amendment set a number of criteria for qualifying for the exemption, such as separating the outdoor area from indoor seating areas with a floor -to -roof exterior wall. He said the ordinance also exempted smoking taking place in a private vehicles at a food service establishment. Other than these proposed amendments, Mr. Noe said the rest of existing ordinance was left intact. Mayor Neal asked if an individual rented a restaurant for a private party, could they allow smoking if they wished. Mr. Noe answered affirmatively, as long as the event qualified as a private party under the ordinance. Mayor Neal reported that after discussing the matter with City Secretary Chapa yesterday, it was decided that the ordinance would be read in two readings due to the importance of the issue to the community. The second reading would be held at next Tuesday's meeting. Mayor Neal also complimented those parties involved for their professionalism during the public debate. He said the Council felt the proposed amendments were a step in the right direction. Mayor Neal called for public comment. The following individuals spoke against the proposed amendments to the ordinance: Mr. S.M. Cowling; Mr. Jack Gordy, 4118 Bray; Ms. Cheryl Bratcher; Mr. James Soder; Mr. Clark James; Mr. J.P. Kinney; Mr. Joseph Farrah; Mr. Kevin Latone, 800 N. Shoreline, with the Omni Hotels; Ms. Judy Sisson; and Mr. Thomas Burn. Mr. Dee Haven and Mr. Abel Alonzo spoke in support of the proposed amendments to the existing ordinance. The following individuals requested a total ban on smoking in public places: Ms. Chris Marx; Mr. Rick Hayley; Ms. Mimi Kyle; Dr. Larry Primeau; Dr. Mark Geneser; and Ms. Michelle Thomas. Ms. Cindy Hughes asked for clarification on why bars were being exempt from the proposed smoking prohibitions. Mayor Neal asked for Council comments. Mr. Kelly asked if the smoking prohibition would apply to private clubs, such as the Town Club or a country club. Mr. Noe replied the ordinance would apply to private clubs as it would to a restaurant or bar, so they would have to meet the over 75 percent rule before they could allow smoking. Mr. Kelly asked how the ordinance would apply to combination restaurant/bars, such as the Republic of Texas Bar & Grill. Mr. Noe replied the facility would be treated as one establishment, and would have to meet the percentage of revenues necessary to be defined as a bar. Mr. Kinnison if the proposed amendments affected billiard halls that served food and alcohol. Assistant City Attorney Elizabeth Hundley answered affirmatively, saying the 75 percent of gross revenues rule would still apply to determine if the facility was a bar. Mr. Kinnison noted that besides bars, the proposed amendments exempted a number of other facilities, such as bowling alleys (in the lane areas only). He asked staff to comment on reports that the proposed ordinance would drive away the 2006 ABC Bowling Conference. Mr. Noe replied there were no provisions in the ABC contract that would prevent the city from adopting this Minutes - Regular Council Meeting December 14 , 2004 - Page 4 ordinance, so it should have no effect on the current conference. He stated, however, that he could not speculate on what impact the ordinance would have on future conferences. Ms. Hundley added the city has not allowed smoking in any municipal facility for some time. Mr. Kinnison remarked that several individuals expressed concern about the economic effects the smoking ban would have on residents. He said the issue has been studied in cities and states with a ban in place, such as New York City, El Paso, TX, Florida, and California, and the results indicate no effect. In fact, he said the restaurant industry has continued to grow in these areas. Mr. Kinnison stated he once thought the smoking issue was a matter of property rights, and he had spoken against any smoking ban in restaurants in the past. However, he now feels this is a health issue, and now supports a total ban on smoking in public areas. He still supported the proposed amendment because it was a step in the right direction. He thanked the smoke-free group and the restaurant association for their conduct during this debate. Mr. Colmenero asked if the city could face any legal ramifications by adopting this ordinance. City Attorney Fischer replied since the city is a home rule city, it has the authority to enact and enforce this type of ordinance to protect public health. She felt confident the city could defend itself in the event of a lawsuit. Finally, Mr. Colmenero supported the rights of the business owners to regulate smoking in their establishments. Mr. Scott thanked Mr. Haven and Mr. Hayley, and their respective organizations, for their efforts during the debate. He felt infringing on property rights issues was a slippery slope, but noted the Council had recently passed ordinances affecting the island which determined the color palette for buildings and regulated the use of vinyl siding. He also apologized for a comment he made in the newspaper today in which he bluntly questioned the validity of the deleterious effects of second- hand smoke on the public health. Mr. Noyola stated he was probably the only council member who was a smoker. He said he was a smoker by choice, but he did not wish to impose his choice on his children. Thus, when he and his family dined out, they sat in the non-smoking section. That said, he felt it was also important to protect the health of all children in the community. Mr. Noyola asked for clarification on how the proposed amendments applied to billiard halls. He felt food and alcoholic beverage services were incidental activities in these types of establishments, so he did not feel they should be treated by the same standards. Mr. Noe stated staff could attempt to craft the ordinance to exempt billiard halls from the smoking prohibitions. Mr. Haven interjected and suggested this could be done by applying the 75 percent rule for billiard halls to food and alcoholic beverage sales only, rather than gross sales. Mr. Noyola asked staff to include this exception for billiard halls in the second reading ordinance. Mr. Noyola made a motion to amend the ordinance on first reading regarding outdoor patios, and to set the effective date as February 1, 2005, and Mr. Scott seconded the motion. The motion passed. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: Minutes - Regular Council Meeting December 14 , 2004 - Page 5 3. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 23-74, Smoking Prohibitions, Subsection (b)(1)(e), by revising the language; and establishing an effective date. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 6-28). City Secretary Chapa announced that Mr. Kelly would be abstaining from the vote and discussion on Item 28, and Mr. Noyola would be abstaining from the vote and discussion on Item 7. Council members requested that Items 17 and 31 be discussed. Mr. S.M. Cowling requested that Item 26 be discussed. Mr. Bill KopecIcy, 3609 Topeka, also requested that Item 31 be discussed. A motion was made and passed to approve Items 6 through 28, constituting the consent agenda, except for Items 17, 26, and 31, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2004-434 Motion approving a supply agreement for testing and calibrating of automatic external defibrillators for the Fire Department -EMS, with Medtronic Physio -Control Corporation, Redmond, Washington, based on sole source, for an estimated annual expenditure of $35,356. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Fire Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7. MOTION NO. 2004-435 Motion approving the purchase of one aircraft rescue and fire fighting vehicle from Emergency One, Inc., Ocala, Florida, in accordance with Bid Invitation No. BI -0023-05, based on low bid for a total amount of $541,627. This vehicle will be used by the Aviation Department for fire suppression and crash rescue at the Corpus Christi International Airport. Funding is available from the Airport Capital Improvement Program Grant and Reserve Funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting December 14 , 2004 - Page 6 8. MOTION NO. 2004-436 Motion approving the purchase of 33 police package sedans in accordance with Bid Invitation No. BI -0033-05 from Access Ford LTD, Corpus Christi, Texas based on low bid for a total amount of $704,154. All units are replacements. Funding is available from the FY 2004-2005 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2004-437 Motion approving the purchase of 440 water meters from Badger Meter, Inc., Milwaukee, Wisconsin, in accordance with Bid Invitation No. BI -0038-05 based on low bid for a total amount of $25,828. The meters will be used by the Water Department. Funds have been budgeted by the Water Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10. ORDINANCE NO. 026047 Ordinance appropriating $4,200.17 in interest earnings from the unreserved fund balance in the No. 1061-820896 Law Enforcement Block Grant 1996 grant fund, appropriating $448.62 in interest earnings from the unreserved fund balance in the No. 1061-820897 Law Enforcement Block 1997 grant fund, appropriating $2,311.96 in interest earnings from the unreserved fund balance in the No. 1061-820802 Law Enforcement Block Grant 2002 grant fund, and appropriating $1,510.84 in interest earnings from the unreserved fund balance in the No. 1061-820803 Law Enforcement Block Grant 2003 grant fund for police law enforcement equipment. 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". 11. MOTION NO. 2004-438 Motion approving the purchase of a bullet recovery system from Cybernational, Inc., Murfreesboro, Tennessee, in accordance with Bid Invitation No. BI -0026-05 based on only bid for a total amount of $47,596. The equipment will be used by the Police Department. Funding is available from the Law Enforcement Block Grant. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 14 , 2004 - Page 7 12.a. RESOLUTION NO. 026048 Resolution authorizing the City Manager or his designee to accept a grant from the State Homeland Security Grant Program in the amount of $156,807 to improve the City's ability to respond to Homeland Security issues in the No. 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12.b. ORDINANCE NO. 026049 Ordinance appropriating $144,824 from the State Homeland Security Grant Program in Fire Grants Fund No. 1062 for purchase of 43 handheld radios. 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". 13. RESOLUTION NO. 026050 Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding between the City of Corpus Christi, Nueces County, the Regional Transportation Authority, the Port Industries of Corpus Christi (PICC), and the Port of Corpus Christi Authority of Nueces County, Texas (POCCA) to establish terms for the upgrade of the 800 MHz public safety trunked radio system, to establish responsibilities and to allow PICC and POCCA to participate in the 800 MHz public safety trunked radio system. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 14.a. RESOLUTION NO. 026051 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of State Health Services (DSHS) in the amount of $109,526 for the elimination and control of tuberculosis in Nueces County. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 14 , 2004 - Page 8 14.b. ORDINANCE NO. 026052 Ordinance appropriating a grant from the Texas Department of State Health Services (DSHS) in the amount of $109,526 in the No. 1066 Health Grants Fund for the elimination and control of tuberculosis in Nueces County. 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. RESOLUTION NO. 026053 Resolution authorizing the City Manager or his designee to accept an additional Title V grant from the Texas Department of State Health Services (DSHS) in the amount of $162,305 for maternal -child health services. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15.b. ORDINANCE NO. 026054 Ordinance appropriating an additional grant from the Texas Department of State Health Services (DSHS) in the amount of $162,305 in the No. 1066 Health Grants Fund for maternal -child 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". 16.a. MOTION NO. 2004-439 Motion adopting the timetable for the FY2005 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) programs. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16.b. RESOLUTION NO. 026055 Resolution amending Council Policy No. 9, entitled Community Development Block Grant Program, by revising the title and language to include the Home Program; adding language relating to the disposition of program income; and reaffirming the objectives and guidelines of the policy. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 14 , 2004 - Page 9 18.a. MOTION NO. 2004-440 Motion authorizing the City Manager or his designee to accept a grant in the amount of $749,201 from the Area Agency on Aging of the Coastal Bend for the FY2004 Senior Community Services, Elderly Nutrition Program in the No. 1067 Park and Recreation Grants Fund. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 1 8.b. ORDINANCE NO. 026057 Ordinance appropriating a grant in the amount of $749,201 from the Area Agency on Aging of the Coastal Bend for the FY2004 Senior Community Services, Elderly Nutrition Program in the No. 1067 Park and Recreation Grants Fund. 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". 18.c. MOTION NO. 2004-441 Motion authorizing the City Manager or his designee to accept a contract from the Area Agency on Aging of the Coastal Bend for the continuation of the FY 2005 Elderly Nutrition Program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19. ORDINANCE NO. 026058 Ordinance appropriating a $7,500 sub -contract grant from the Chamber of Commerce Foundation in the No. 1067 Park and Recreation Grants Fund for data collection and analysis activities at the Juvenile Assessment Center. 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". Minutes - Regular Council Meeting December 14 , 2004 - Page 10 20. RESOLUTION NO. 026059 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A&M University -Kingsville in the amount of $450,000 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 21. RESOLUTION NO. 026060 Resolution recognizing the public necessity of acquiring drainage easements for the Mary Carroll Channel Widening - Rodd Field Road to Oso Creek, Project #2047, for drainage purposes in connection with said project, and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the easements. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 22. MOTION NO. 2004-442 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $44,573 for a total restated fee of $69,549 for the McKinzie Road Utility Relocation Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 23.a. RESOLUTION NO. 026061 Resolution expressing official intent to reimburse costs of the Marina Improvements Project. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 14 , 2004 - Page 11 23.b. ORDINANCE NO. 026062 Ordinance appropriating $450,998 from the Marina Fund No. 4700 Unreserved Fund Balance for the Marina Development Project - Peoples Street T -Head (Floating Docks "E", "F", "G", Commercial Dock) and Boater's Facility/Restroom; amending Operating Budget adopted by Ordinance No. 025878 by increasing appropriations by $450,998. 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". 23.c. MOTION NO. 2004-443 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas in the amount of $405,130 for the Marina Development Project - Peoples Street T -Head (Floating Docks "E", "F", "G", Commercial Dock) and Boater's Facility/Restroom. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 23.d. MOTION NO. 2004-444 Motion authorizing the City Manager or his designee to execute a Contract for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP, of Houston, Texas in the amount of $45,868 for the Marina Development Project - Peoples Street T -Head (Floating Docks "E", "F", "G", Commercial Dock) and Boaters Facility/Restroom. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 24.a. ORDINANCE NO. 026063 Ordinance appropriating $314,450 from the unappropriated interest earnings from Choke Canyon Fund 4050, reserved for Choke Canyon Maintenance Account 251400; transferring to and appropriating in Water Capital Improvement Program Fund 4080 for the Choke Canyon Dam Improvement Project; amending Capital Budget adopted by Ordinance No. 025647 and Operating Budget adopted by Ordinance No. 025878 by increasing appropriations by $314,450 each. 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". Minutes - Regular Council Meeting December 14 , 2004 - Page 12 24.b. MOTION NO. 2004-445 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Freese & Nichols, Inc., of Austin, Texas in the amount of $314,450 for a restated fee of $496,032 for the Choke Canyon Dam Improvement Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 25. MOTION NO. 2004-446 Motion authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, Inc. , of Pasadena, Texas in the amount of $2,696,266 for the Downtown Drainage Improvements, Phase 1 - Part "A", Water Street New Interceptors and Inlets. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 27. MOTION NO. 2004-448 Motion authorizing the City Manager or his designee to execute a Reimbursement Agreement with AT&T in the estimated amount of $26,900 for adjustment of communication and data lines to permit construction of a proposed drainage culvert on Farm -to -Market Road 70 to serve the future development of Cefe Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 28. MOTION NO. 2004-449 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Geograph Industries, Inc., of Harrison, Ohio, in an amount not to exceed $52,674 for the Corpus Christi Multi -Purpose Arena and Convention Center Wayfinding Signage Package. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. 29. MOTION NO. 2004-450 Motion authorizing the City Manager or his designee to issue payment for the City share of Change Order No. 5 to the Texas Department of Transportation for the bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air Station) at a cost to the City not to exceed $26,006.25. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 14 , 2004 - Page 13 30. MOTION NO. 2004-451 Motion authorizing and directing the City Manager or his designee to take those actions necessary to negotiate a Texas Military Value Revolving Loan with the Texas Public Finance Authority to assist in the financing of certain projects directly assisting the local military facilities and initiatives and to publish such notices as may be necessary. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 31. ORDINANCE NO. 026064 Ordinance authorizing the City Manager to appoint a local health authority and execute a compensation agreement for the protection of the public health, safety, and welfare. 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.a. MOTION NO. 2004-452 Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement submitted by Kings Crossing Church of Christ, owner and developer of King's Crossing Unit 13, Lot 1 A, Block 2 located on the south side of Yorktown Boulevard between South Staples and Cimarron Boulevard for the installation of 245 linear feet of a 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 32.b. ORDINANCE NO. 026065 Ordinance appropriating $10,959.63 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 245 linear feet of a 12 -inch PVC water grid main to develop King's Crossing Unit 13, Lot IA, Block 2. 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". Minutes - Regular Council Meeting December 14 , 2004 - Page 14 33.a. MOTION NO. 2004-453 Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, L.P., owner and developer of Los Vientos at Terra Mar Unit 1 Subdivision located south of Wooldridge Road, west of Cayo Del Oso for the installation of 161 linear feet, over -size, over -depth, 15 -inch PVC and 400 linear feet, over -size, over -depth, 12 -inch PVC sanitary sewer collection lines along Wooldridge Road within the limits of the subdivision. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 33.b. ORDINANCE NO. 026066 Ordinance appropriating $11,929.51 from the Sanitary Sewer Collection Line Trust Fund No. 4220-540450 to pay Hogan Development Company, L.P., for the installation of 161 linear feet, over -size, over -depth, 15 -inch PVC and 400 linear feet, over -size, over -depth, 12 -inch PVC sanitary sewer collection lines along Wooldridge Road within the limits of the subdivision as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop Los Vientos at Terra Mar Unit 1 subdivision. 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". 34.a. MOTION NO. 2004-454 Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement submitted by Hogan Development Company, L.P., owner and developer of Los Vientos at Terra Mar Unit 1 subdivision located south of Wooldridge Road, west of Cayo Del Oso for the installation of 610 linear feet of a 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 34.b. ORDINANCE NO. 026067 Ordinance appropriating $11,034.38 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 610 linear feet of a 12 -inch PVC water grid main to develop Los Vientos at Terra Mar Unit 1 subdivision. 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". Minutes - Regular Council Meeting December 14 , 2004 - Page 15 35. ORDINANCE NO. 026068 Amending the Zoning Ordinance by amending Section 3-1.55, Sign, by revising the definition of a sign to no longer exclude a device or structure located within a building. (First Reading 11/16/04) 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". Mayor Neal opened discussion on Item 17 regarding a cash distribution from the Anita Neyland Trust to the city library system. Mr. Kinnison asked what procedure would be used to determine the funding priorities. Director of Libraries Herb Canales replied the amount in question was in excess of$500,000. Staff and the library board were discussing the funding priorities, which included repairs and second floor renovations for the Parkdale Library, and replacement of the Greenwood Library. Mr. Kinnison asked Mr. Noe to recognize the Neylands' generous gift to the city in a significant way. Mr. Noe replied the contribution warranted naming a building after the Neylands. Mr. Canales agreed, saying Mrs. Neyland had consistently provided donations to the library system in the past, and her latest donation was very special. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 026056 Resolution authorizing the City Manager or his designee to accept a cash distribution from the Anita Neyland Trust, established under the W.T. Neyland Last Will and Testament, on behalf of the City of Corpus Christi Library. The Library is the beneficiary of 25% of the Trust. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 26 regarding a construction contract with Ramos Industries, Inc. for the Water Main Improvements to Elizabeth Street/ 19th Street project. Mr. S.M. Cowling asked if Ramos Industries was the same company that worked on Del Mar Blvd. in the late 1990s, but with a different name. City Engineer Angel Escobar replied affirmatively, saying the company had reorganized after the Del Mar project, changing their name but retaining the same ownership. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 14 , 2004 - Page 16 26. MOTION NO. 2004-447 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Ramos Industries, Inc., of Pasadena, Texas in the amount of $179,356.13 for a total restated fee of $1,934,740.13 for the Water Main Improvements Elizabeth Street/ 19th Street Project for the 12 -inch water main replacement on Santa Fe from Elizabeth to Ayers. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 31 regarding the city's appointment of a local health authority. Mr. Bill Kopecky, 3609 Topeka, took exception to the placement of this item on the consent agenda, and he also spoke against giving the city manager authority to appoint a local health authority. Mayor Neal commented the city manager has always had the authority to appoint a local health authority. Mr. Kinnison asked for more information on why the city was being compelled to take this action, and if it was related to negotiation problems with the county. Mr. Noe replied the city had been contracting the services of Dr. Burgin as the local health authority for some time, because during the tenure of City/County Health Director Dr. Michael Silvers, Dr. Silvers did not hold a license to practice medicine in Texas. Dr. Burgin served as the designated local health authority during this time, but little work was involved then, so there was no compensation plan. In the current absence of a city/county health director, Mr. Noe said a local health authority needed to be appointed until the position was filled, and he recommended Dr. Burgin. Due to the increased work load, Dr. Burgin had requested additional compensation, which Mr. Noe felt was a reasonable request. Mr. Noe said the compensation outlined in the agreement was an hourly rate with a maximum of $25,000. Mr. Noe acknowledged that the city had experienced difficulty working with the county to designate an acting director of health. He said the county had authorized a study of the health department, the results of which had already been provided to the county. He felt the study results would probably influence the type of candidate the county would like to the city to recruit, but this discussion had not taken place. He said Dr. Silvers's previous salary more than covered the cost of the contract. Mr. Kinnison commented today's newspaper reported the county had designated their own health authority to serve the county's rural areas. Mr. Noe replied he had been unaware of their action until reading the newspaper report this morning. Mr. Colmenero asked if Dr. Burgin planned to continue working in his private practice. Mr. Noe responded affirmatively. Mr. Colmenero asked how many hours a week Dr. Burgin would serve the city. Assistant City Manager Margie Rose replied no more than 20 hours a week. Mr. Colmenero asked for more detail on Dr. Burgin's compensation plan. City Manager Noe replied it was based on an hourly compensation rate of $57.69, capped at a maximum of $25,000. Mayor Neal asked what percentage of the city/county health department budget did the city pay. Mr. Noe replied the breakdown was 75 percent for the city, and 25 percent for the county. Minutes - Regular Council Meeting December 14 , 2004 - Page 17 Mr. Noyola asked for information on the hiring process for this jointly appointed position. Mr. Noe replied the last health department director was recruited by a national recruiting firm the city hired. The firm recruited a number of candidates, who were interviewed by a committee including the city manager and the county judge's representative. An individual was selected, and was then introduced to local health representatives. Mr. Noe said this time, the city and the county needed to agree on what type of candidate to recruit, whether a medical doctor or a public health administrator with no medical training. Mr. Noyola hoped the city and the county could come to an agreement on this matter soon. Mr. Noe replied the county stated they were waiting for the health department study before proceeding with the hiring process. City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 026064 Ordinance authorizing the City Manager to appoint a local health authority and execute a compensation agreement for the protection of the public health, safety, and welfare. 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". Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Cheryl Quifiones, 5403 Everhart, spoke in support of extending the animal care facility hours to include Saturdays. Ms. Becki Jones, 1856 C.R. 52, spoke in support of a city ordinance that would greatly limit the number of animals loose on the streets. Mr. Jack Gordy, 4118 Bray, spoke regarding problems with the November 18, 2004 Channel 10 PAUG meeting to hold a lottery and certify a new PAUG, and with the current management of the public access studio. He also advised the Council to ask about the county court case related to Item 45 in executive session. Ms. Cassie Hale spoke regarding problems experienced while staging a cat show at the American Bank Center, and her unhappiness with the arena management. Mr. Sirfrederickvonusa King 7th, 905 Cleveland, wished everyone Seasons Greetings. Ms. Cruz Colomo rebutted the comments made by Mr. Gordy regarding her organization's management of the public access studio, and asked for clarification on her group's contract with the city. Mr. Mando Camina, a Channel 10 producer, expressed his discontent with the way the Channel 10 PAUG meeting was conducted on November 18, 2004, saying the Cable Commission Chairman Richard Pulido was biased in his approach, and citing communication problems. Regarding the Channel 10 PAUG meeting, Mr. Chesney asked staff for suggestions on how the address the problems with the PAUG. Assistant City Manager Oscar Martinez replied the ordinance may need to be restructured regarding the process for certifying a new PAUG. He also suggested advising the commission on how to run the meetings more effectively. He noted that because of the communication problems, the decision on certifying a new PAUG had been tabled until January 15, 2005. * * * * * * * * * * * * * Minutes - Regular Council Meeting December 14 , 2004 - Page 18 Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 42. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04- 06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District Court of Nueces County, Texas, 28th Judicial District, with possible discussion and action related thereto in open session. 43. Executive session under Texas Government Code Section 551.071 regarding Public Utility Commission of Texas Docket No. 28840 Application of AEP Texas Central Company for Authority to Change Rates, with possible discussion and action related thereto in open session. 44. Executive session under Texas Government Code Section 551.071 regarding Cause No. 01- 5049-G, Thomas Hudgins vs. City of Corpus Christi, et al, in the 319t District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 45. Executive session under Texas Government Code Section 551.071 regarding Cause No. C- 04-110, Bobby Wayne Ballard vs. City of Corpus Christi, et al, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 46. Executive session under Texas Government Code Section 551.071 for consultation with attorney regarding the use of public rights-of-way and property by pipelines, grants of rights therein, fees therefore, and related matters, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following items were passed with the following vote: 42.a. MOTION NO. 2004-455 Motion authorizing the City Manager, subject to certification of funds, to execute a Legal Services Agreement with Jan Rehler, Gary, Thomasson, Hall & Marks, P.C., to provide legal advice relating to fees for use of the City's rights-of-way, utility easements, and other City properties by pipeline companies; represent the City in implementation of the ordinance; and take action to collect any fees due the City. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Cooper and Kinnison were absent. Minutes - Regular Council Meeting December 14 , 2004 - Page 19 42.b. ORDINANCE NO. 026075 Appropriating $15,000 from the No. 3160 City Hall CIP fund for legal services related to pipelines in the city's rights-of-way, utility easements, and facilities; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Cooper and Kinnison were absent. 44. MOTION NO. 2004-456 Motion authorizing the City Manager to settle Cause No. 01-5049-G; Thomas Hudgins v. City of Corpus Christi et al, in the 319`h District Court, Nueces County, Texas, for the sum of $112,500.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Noyola and Scott, voting "Aye"; Cooper and Kinnison were absent. * * * * * * * * * * * * * Mayor Neal referred to Items 36.a. and 36.c., and a motion was made, seconded and passed to open the public hearing on the following street closures: 36.a. Public hearing to consider abandoning and vacating a 11,741- square foot portion of the Laguna Shores Road public right-of-way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract "AR", Tyler Subdivision, between Wyndale Drive and a dead-end to Laguna Madre. 36.c. Public hearing to consider abandoning and vacating a 4,308 -square foot portion of the Wyndale Drive public right-of-way, extending approximately 431 linear feet northeast of Laguna Shores Road out of Tract "AR", Tyler Subdivision, between Laguna Shores Road and Spring Lane. Mayor Neal asked for public comment. Mr. Reynaldo Favela spoke against the proposed street closures. He stated that he owned Lots 1 and 2 at the end of Martha Drive. He had plans to develop a number of boat slips in that area, and hoped to purchase 30 feet of Martha Drive from the city to allow for the construction of several boater amenities. If the Council approved these street closures, however, he would not be able to proceed with his plan. He also suggested the city acquire all of Laguna Shores Drive to provide public accessibility to the waterfront. Mr. Spencer Collins, developer of the Bluffs Landing Marina, discussed his proposed project. The project would consist of 98 boat slips under construction, which were scheduled for completion at the beginning of 2005. They planned to open a restaurant facility and a bait and tackle store, a 24 -unit motel, and a 5,000 -square foot special events center. Minutes - Regular Council Meeting December 14 , 2004 - Page 20 Mr. Collins stated there were several rights-of-way issues impeding the project development. First, there was a problem with marina encroachment onto Laguna Shores Road that existed prior to his acquisition of the property. Second, vehicles traveling south and to the east on Laguna Shores Drive were in danger of driving into the harbor because the road dead ended in this area with no warning. He said they proposed to install appropriate signage and landscape the area. Third, there was no cul-de-sac at the end of Martha Drive. He proposed creating a cul-de-sac to allow emergency responders, school buses, and garbage trucks to tum around to exit the roadway. Finally, the closure of Wyndale Drive would allow for the construction of a planned parking lot layout to facilitate private internal traffic circulation as requested by the city, and to comply with the city's landscaping requirements along Wyndale Drive. Ms. Savannah Burley, residing on Lot 5 of Martha Drive, and Ms. Barbara Costello, 113 Martha Drive (Lot 4), expressed concern that Martha Drive was too narrow to accommodate the two-way traffic pattern resulting from the street closures. They spoke in favor of the proposed project, but spoke against having a parking lot on Martha Drive near their residences, and against the removal of a median. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Kelly asked if there would be an entrance to the new facility on Martha Drive. Ms. Bailey answered affirmatively. Mr. Kelly replied it appeared the residents's concerns about increased traffic in the area were warranted. Mr. Collins replied there were 10 slips for large boats planned on the south side of the harbor with access off of Martha Drive. He said the larger boats would not go out as frequently as smaller craft, so the increase in traffic would be minimal. Mr. Kelly asked how wide Martha Drive was. Ms. Bailey replied the right-of-way was 45 feet wide, and the pavement section was 20 to 22 feet wide. She acknowledged that Martha Drive was a narrow right-of-way. Mr. Kelly asked if staff had any estimates on additional traffic increases on Martha Drive due to the closures. Ms. Bailey replied there would be minimal traffic increases. Mr. Kelly asked if Martha Drive would be the back entrance to the entire facility. Ms. Bailey replied negatively, saying the entrance on Martha Drive would only serve the patrons of the 10 boat slips while the rest of the facility would use the Wyndale Drive entrance. Thus, Ms. Bailey concluded the concerns of the property owners were exaggerated. Mr. Kelly asked what would be involved if the city were to widen Martha Drive to a 30 -foot right-of-way. Ms. Bailey said she could work with engineering to develop an estimate, but noted Martha Drive was only serving five residences and 10 boat slips, generating a minimal amount of traffic. Mr. Kelly felt the city should make an effort to accommodate the residents. Mr. Scott asked if Mr. Collins had met with residents regarding the project. Mr. Collins replied affirmatively, saying he held a meeting on Tuesday evening that was attended by 15 residents. He asked if staff thought Martha Drive needed to be widened. Ms. Bailey replied ideally, the road should be 30 feet wide, but the anticipated traffic levels were minimal. Mr. Noyola spoke in support of the proposed project, but felt a compromise was in order to accommodate the residents. He asked about the possibility of widening the street to 30 feet. Ms. Minutes - Regular Council Meeting December 14 , 2004 - Page 21 Bailey replied staff could look into it. She explained that staff recommended the owner pay the total fair market value of $11,305 for the abandonment and vacation of the Laguna Shores Road right-of- way and the Wyndale Drive right-of-way by making street improvements (e.g. median cuts, cul-de- sac). Mr. Chesney spoke in support of the project, saying it was a step forward for the Flour Bluff area. City Secretary Chapa polled the Council for their votes as follows: 36.b. ORDINANCE NO. 026069 Ordinance abandoning and vacating a 11,741 -square foot portion of the Laguna Shores road public right-of-way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract "AR", Tyler Subdivision; subject to owner's compliance 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, Noyola and Scott, voting "Aye"; Kinnison was absent. 36.d. ORDINANCE NO. 026070 Ordinance abandoning and vacating a 4,308 -square foot portion of the Wyndale Drive public right-of-way, extending approximately 431 linear feet northeast of Laguna Shores Road out of Tract "AR", Tyler Subdivision; subject to owner's compliance 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, Noyola and Scott, voting "Aye"; Kinnison was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 37, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1004-06, Ronald N. Voss: A change of zoning from a "R -1B" One -family Dwelling District to a "RE" Residential Estate District, located along the south side of Glenoak Drive, approximately 500 feet west of St. Peter Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "RE" Residential Estate District. Mayor Neal called for public comment. The following individuals spoke in opposition to the proposed zoning change because of concerns that the septic tanks and shed connections required for the project would exacerbate the drainage problems in the area: Ms. Claudette Rocha, 925 St. Timothy; Ms. Anne Canyon, 921 St. Timothy; and Mr. Joseph Rocha, 925 St. Timothy. Minutes - Regular Council Meeting December 14 , 2004 - Page 22 Mr. Ronnie Voss, 3756 Bratton, stated he planned to develop a 16 -lot single-family subdivision on one -acre lots. He said the new septic systems treated sewage as well as or better than the city's wastewater system. He did not feel his development would contribute to the drainage problems in the area, and mentioned plans to create a retention pond to address the concerns. He said he would make every effort to work with the neighborhood and address their concerns. Regarding traffic concerns, he said there would be two entrances to the subdivision on Glenoak Drive and St. Christopher Street, which would dilute the traffic somewhat. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Scott asked staff if they believed this project would not cause a septic tank saturation in the area. Mr. Gunning replied affirmatively. Mr. Noe added the proposed development was less intense than a traditional development, and thus would have less of an impact on the drainage system. Mr. Scott commented the Development Services department was vigilant when evaluating development projects, and he did not think they would support this project without extensive study. He spoke in support of the proposed project. City Secretary Chapa polled the Council for their votes as follows: 37. ORDINANCE NO. 026071 Amending the Zoning Ordinance, upon application by Ronald A. Voss by changing the zoning map in reference to 18.21 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 50, Lot 3, from "R -1B" One -family Dwelling District to "RE" Residential Estates District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 38, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1004-07, Murray Architects: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District. The property is located north of Agnes Street and between South Tancahua and South Carancahua Streets. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-1" Neighborhood Business District. No one spoke in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 14 , 2004 - Page 23 38. ORDINANCE NO. 026072 Amending the Zoning Ordinance, upon application by Murray Architects by changing the zoning map in reference to Brayton Addition, Block 2, Lots 3, 4, 5, 6, and 7, Chapman Addition, Block 2, Lot 1, from "AB" Professional Office District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 39, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1004-09, Henry Tucker: A change of zoning from a "F -R" Farm -Rural District to a "R -1B" One -family Dwelling District, a "R -1C" One -family Dwelling District, and a "B-4" General Business District. The property is located 136.73 acres out of McIntyre Partition of the Mariano Lopez de Herrera Grant, Tract 4, Abstract 606, Nueces County, Texas, as described in Warranty Deed, Volume 2210, Page 748, Deed Records of Nueces County, Texas, located south of Northwest Boulevard and west of Farm -to -Market Road 1889. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1B" One -family Dwelling District on Tract 1, approval of the "R -1C" One -family Dwelling District on Tract 2, and denial of the "B-4" General Business District and in lieu thereof, approval of the `B-1" Neighborhood Business District on Tract 3. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Noyola, and passed. Mr. Kelly spoke in support of the project, but was concerned about the project's effect on area traffic. The proposed project would be located near FM 1889 and FM 624, and FM 624 was an especially congested roadway. The proposed development of both Tracts 1, 2, and 3 were estimated to generate approximately 6,651 new trips a day on FM 1889 and FM 624. He said the congestion on these roadways underscored the importance of the development of CR 52 from Hwy 77 to FM 1889 as an alternate route. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 14 , 2004 - Page 24 39. ORDINANCE NO. 026073 Approval of the "R -1B" One -family Dwelling District on Tract 1, approval of the "R -1C" One -family Dwelling District on Tract 2, and denial of the "B-4" General Business District and in lieu thereof, approval of the `B-1" Neighborhood Business District on Tract 3. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Kinnison and Scott were absent. Mayor Neal referred to Item 40, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1004-10, Esparza Pest Control: A change of zoning from an "A- I" Apartment House District to a "B-4" General Business District. The property is located in the South Park Subdivision, Block 2, Lot 1, located northeast of South Padre Island access road and Anthony Street intersection. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" General Business District and in lieu thereof, approval of a `B-1" Neighborhood Business District. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 40. ORDINANCE NO. 026074 Amending the Zoning Ordinance, upon application by Esparza Pest Control by changing the zoning map in reference to South Park Subdivision, Block 2, Lot 1, from "A-1" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. ************ * Mayor Neal opened discussion on Item 5 regarding the proposed animal control ordinance. Mr. Noe stated since this was a second reading ordinance, staff did not have a presentation, but was prepared to answer any questions. There were no comments from the audience or the Council. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 14 , 2004 - Page 25 5. ORDINANCE NO. 026046 Amending the Code of Ordinances, Chapter 6, Animal Control by renaming the chapter; redesignating existing Articles III, IV, V, and VI as Articles, V, VI, VII, and VIII, respectively; creating new Articles III and IV; renaming Articles I and II, redesignating certain sections; revising the language of the chapter; providing for penalties. (First Reading 11/16/04) An emergency was declared, and the foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Neal opened discussion on Item 4 regarding the adoption of the city's legislative program for the 79th Legislative Session for the State of Texas. Special Assistant to the City Manager Tom Utter stated staff usually brought the legislative program before the Council every two years in the fall. He said the first day of the state legislative session began in January 11 and lasted 140 days. During this legislative session, Mr. Utter stated approximately 6,000 bills would be filed, and 1,600 would actually be adopted. Of these 1,600 bills, approximately 150 to 200 bills would directly affect the City of Corpus Christi. He said the last legislative session was one of the more successful the city has experienced, due in large part to the assistance of Senator Hinojosa and Representatives Luna and Seaman. Mr. Utter said he and the city's legislative liaison group would communicate the city's legislative program on a day-to-day basis. In addition, the Mayor and Council and city staff members would be called upon to testify in Austin and Washington D.C. if warranted. Mr. Utter highlighted a number of items in the city's proposed legislative program. First, he reviewed the general policy and procedures. In essence, the policies state the city will support legislation that will protect and enhance city revenues and reduce costs for the city, and oppose legislation that will undermine local government control and diminish revenues. It also states the City Council will determine the city's position on all legislative issues. In addition, he noted a section stating the city's boards, commissions, and advisory groups may not represent in oral testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. Finally, the policy states positions on legislative or administrative matters originating outside of the City Council shall be submitted to the city manager for review prior to consideration by the Council. Second, Mr. Utter highlighted the proposed program's stance on legislation affecting financial integrity. It identified opposition to a reduction of the city's existing franchise fees as a top priority, followed by support for a state hotel tax for beach maintenance. Third, Mr. Utter briefly mentioned the city's position on essential infrastructure issues. It identified the protection of water rights as a high priority. In addition, the program supported the creation of water conservation districts to allow the city to more effectively implement aquifer storage and recovery projects. Fourth, under community protection and development issues, he identified several priority Minutes - Regular Council Meeting December 14 , 2004 - Page 26 issues as follows: opposition to legislation eroding the city's current annexation authority; opposition to legislation eroding the city's ability to regulate the location of manufactured housing; and opposition to legislation which would erode municipal authority to regulate development. Fifth, under children and youth issues, he identified the reduction of juvenile crime as a priority issue, especially supporting the continued funding of the Community Youth Development (CYD) program. In addition, he said the program was actively endorsing the expansion of the Children's Health Insurance Program (CHIPS) funding to the greatest extent possible. Sixth, under education issues, the program singled out support for funding for higher education, and the support of local school districts. Seventh, he discussed a number of priorities related to public health and safety issues. He noted the three priority issues listed were included in the last legislative session, but were not adopted. The items are as follows: support for an emergency safety district; support for a child safety registration fee; and support for a crime or emergency service district. He said these items would be difficult to pass this year as well, but the city's legislative liaison group would make every effort. Eighth, regarding utilities issue, he highlighted the following items: oppose legislation eroding the city's right-of-way control; support legislation verifying access line counts; and support legislation revising the definition of "access line" to incorporate new services as they arise. Ninth, regarding environmental issues, he identified the following priority issues: support for continued allocation of financial resources to protect air quality in near non -attainment areas; support for state funding of the local National Estuary Program; and continued funding of regional water planning. Tenth, regarding economic development issues, he highlighted support for continued funding and legislative support of the Texas Military Planning Commission and other efforts to preserve existing military bases in Texas. Eleventh, under efficient administration issues, Mr. Utter said the city actively supported a number of items including the following: opposition to a sales tax exemption that wasn't a local option exemption; and opposition to property tax exemption that would shift the burden to other taxpayers. Finally, Mr. Utter briefly discussed the city's program for federal legislation and action. He noted the city was strongly supporting the continued and increased funding of the CDBG/HOME programs, especially since there were reports the President's budget would include massive cuts in CDBG funding. In addition, the program opposed funding to cities being routed through state governments. Homeland security funding and funding to maintain local areas' military facilities was also listed as one of the city's highest priorities. Also, he said wherever possible, the city was advocating the coordination with local agencies where there is a commonality of interests, and he mentioned the city would be meeting with CCISD and other entities on Friday for this purpose. Finally, the program advocated the protection of right-of-way fees and authority. Minutes - Regular Council Meeting December 14 , 2004 - Page 27 In conclusion, Mr. Utter said this legislative session would be interesting because staff did not believe there would a significant shortfall in the budget. He thanked the city's legislative delegation for their tireless efforts. Mayor Neal mentioned how important is was that the community speak with one voice regarding the legislative agenda issues. He said the city had extended an invitation to the county to meet with the legislative delegation, but said only one commissioner had expressed interest in a meeting. Mr. Noe added the city had not received any official written response from the county. Mayor Neal asked staff to continue the city's efforts to meet with the county, because the city's legislative delegation was insistent the area's local governments work together to find common ground. Mr. Noyola asked if the city could make an effort to meet with other area school districts besides CCISD regarding the legislative program. Mr. Utter replied all the school districts had common interests, and the legislators would be meeting individually with all area school districts. For the city's purposes now, the city asked to meet with CCISD only because they constitute the largest school district and because of time constraints. Finally, Mr. Noyola asked staff to look into legislation allowing certain cities to give preference to local businesses when awarding contracts. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, was opposed to any items in the legislative program that would lead to "revenue enhancements", which he said was a euphemism for higher taxes for taxpayers. He also spoke against any item that would provide exemptions to the Open Meetings Act. Finally, he advised the city to prepare for the adoption of legislation setting a limit below the 10 percent cap on appraised value increase on homesteads. Mayor Neal asked for Council comments. Mr. Kelly reported he had met with newly elected State Representative Abel Herrero, who singled out state funding of municipal and county drainage projects as a high priority. Mr. Kelly supported this as well, and he asked Mr. Utter to include this item in the legislative program. In addition, Mr. Kelly said affordable housing was a priority issue for the city, but one of the impediments to the in -fill lot redevelopment of older neighborhoods was the two-year remititure period required for a foreclosed lot. He advocated for a legislative item providing a sliding scale to shorten the remititure period to accelerate the process. Mr. Utter replied this was a problem for many cities, but there was tremendous opposition to lowering the remititure period. He thought, however, that it might have a better chance of being adopted to some extent this year. Mr. Scott asked who opposed the shortening of the two-year remititure period. Mr. Utter replied individuals with any kind of lien, such as "slum landlords", because it limits the use of the property. Mr. Scott also asked about progress on allowing photographic traffic signals. Mr. Utter replied there was opposition to photographic traffic signals by some groups who feared it was an invasion of privacy. He said when the issue came to a vote at the House, it failed due to a tie vote, which was highly unusual. Mr. Scott mentioned the City of Houston had adopted the photographic traffic signals by passing a Local ordinance. Mr. Utter replied that to do this, they made the traffic offense of running a red light a civil, rather than a criminal, offense. Mr. Noe added the citation would go to the owner of the vehicle as opposed to the driver. Mr. Scott felt the city should consider Minutes - Regular Council Meeting December 14 , 2004 - Page 28 taking this action as well, but thought the city should wait and see how the legislative session progressed first. Mr. Scott also asked about progress on authorizing gambling in the state. Mr. Utter said the city's position on gambling had not been to promote gambling per se; rather, the city's position was to be included in the event gambling was authorized for other cities. He said the main opposition to gambling in the state came from gambling interests outside the state, such as Las Vegas, Louisiana, and Mississippi. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 026045 Resolution adopting the City of Corpus Christi's Legislative Program for the Seventy -Ninth Legislative Session for the State of Texas. The foregoing resolution was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. There was none. Mayor Neal asked staff to look into Mrs. Hale's complaints during the public comment period about her negative experience at the American Bank Center. Mayor Neal called for Council concerns and reports. There were none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:25 p.m. on December 14, 2004. * * * * * * * * * * * * *