HomeMy WebLinkAboutMinutes City Council - 02/15/2005I 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 February 15, 2005, which were approved as
amended by the City Council on February 22, 2005.
WITNESSETH MY HAND AND SEAL, on this the 22nd day of February, 2005.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Javier Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 15, 2005 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary 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 Mr. George Pledger with the Weber Road Church of Christ and the
Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 February 8, 2005. A motion was made and passed to approve the
minutes as presented.
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Mayor Neal referred to Item 2 and the following board appointments were made:
Committee for Persons with Disabilities
Mary J. Saenz (Reappointed)
Brian Watson (Reappointed)
Roberto M. Flores (Reappointed)
Eloy Soza (Reappointed)
David Walker (Appointed)
Human Relations Commission
Gilbert Fuentes (Appointed)
O.K. Smith (Appointed)
Jennifer Starr (Appointed)
Leadership Committee for Senior Services
Roland Medrano (Reappointed)
Alan D. Bligh (Reappointed)
Marion Ball (Reappointed)
Donna Marie Cisneros (Reappointed)
Lou Trlica (Reappointed)
Teresa Martinez (Appointed)
Leadership Committee for Sr. Svcs. (con't.)
Yvonne Mendez (Appointed)
Kathy Herron (Appointed)
Sister City Committee
Omar Garcia (Appointed)
Dr. Ridge Hammons (Appointed)
Small Business Advisory Committee
Carmen Arias (Appointed)
Anita Cadena (Appointed)
Joe Cisneros III (Appointed)
Anne Drier (Appointed)
Sylvia Ford (Appointed)
Rose M. Gonzalez (Appointed)
L.C. (Bud) Harris III (Appointed)
Carole Peterson (Appointed)
Lamont Taylor (Appointed)
Minutes - Regular Council Meeting
February 15, 2005 - Page 2
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Mayor Neal referred to the presentation on the day's agenda, a status report on the
Downtown Transportation Study by the Regional Transportation Authority (RTA). Noting that this
was a presentation item, Mr. Chesney stated he understood Mr. Kinnison had previously requested
an action item on the trolley item so the Council could formally provide direction to the RTA on the
streetcar project. City Secretary Chapa replied the Council could make a motion after the
presentation to direct the City Manager to place a related item on a future agenda Council Members
Kelly and Scott abstained from participating in the discussion on this item.
RTA Director Ricardo A. Sanchez stated today's status report was comprised of four topics:
challenges and opportunities; current status; next steps/key turning points; and project significance.
Regarding the challenges and opportunities, Mr. Sanchez reported the new attractions in the
Bayfront Arts and Science Complex (e.g. arena, baseball stadium) will impact the area in the
following ways: increased traffic on arterials; increased demand for parking; and reduced
connectivity to attractions. Mr. Sanchez stated the RTA's consultants were predicting that the
number of visitors attending the area's venues would double from 362,000 to 761,000 within the next
two to three years. In addition, the parking study recently commissioned by the city showed that
there would be 20 or 30 days of the year where the parking demand would exceed the available
2,800 parking spaces in the area. Finally, he said the RTA was facing the need to respond to other
service requests above and beyond the Bayfront Express. To date, the Bayfront Express had
transported about 25,000 people in the past three months.
Mr. Sanchez discussed aspects of the South Central Area Development Plan, which he felt
served as the RTA's transportation blueprint for the area. He said the plan supported an enhanced
public transportation system, like the streetcar, that would minimize congestion, act as an economic
stimulus, and serve as an attraction unto itself.
After reviewing the South Central Area Development Plan and considering the current
situation in the downtown area, Mr. Sanchez reported the RTA's consultants had developed six
transportation objectives as follows: provide for a balanced transportation system; connect uptown
to downtown to the Bayfront; encourage public-private development along stations; make uptown,
downtown, and the Bayfront more pedestrian friendly; reinforce the visitor economy; and provide
services that are cost-effective.
RTA Director of Operations David V. Seiler discussed the current status of the Downtown
Transportation Study. Mr. Seiler briefly reviewed the evolution of the project. The study actually
began in 2001, resulting from public concerns about traffic circulation and parking related to the
arena project. A meeting between the RTA, the Port of Corpus Christi, the Downtown Management
District (DMD), the Chamber of Commerce, the Metropolitan Planning Organization (MPO), and
the City was held to discuss transportation issues in the downtown area. He stated the RTA was
asked to take the lead role in the development of the transportation study.
Mr. Seiler reported the first phase of the Downtown Transportation Study was a feasibility
study, funded primarily by the MPO with limited participation from other partners. The study
included an extensive public participation effort, including public presentations and public surveys.
Subsequently, he said the general consensus at that time indicated the preferable choice was a fixed
Minutes - Regular Council Meeting
February 15, 2005 - Page 3
rail system. The second phase was the environmental study process which, afer two years, has
culminated in a complete environmental assessment draft.
Mr. Seiler discussed the principal issues identified in the feasibility study. The first issue
was the need for an upgraded transportation system, and the evolving considerations related to this.
The second issue was what type of vehicle was preferable, and a preference for a vintage or more
contemporary streetcar system was indicated. The third issue was the preferred alignment, and a
significant discussion ensued in the community regarding this issue. The discussion culminated in
the City Council's resolution passed on May 2004 which placed a strong emphasis against any type
of improved transportation system or rail type on Shoreline Boulevard south of IH -37.
Consequently, this preferred alignment was included in the environmental assessment study draft.
Mr. Seiler briefly reviewed selected aspects of the City Council resolution regarding the
streetcar system passed on May 11, 2004. The resolution stated the Council supported the general
concept of an enhanced transit system including, but not limited to, a streetcar system. The Council
also urged the RTA to complete the environmental assessment, but cautioned that the Council's
expression of support should not be interpreted as a funding commitment. Finally, he said the
resolution emphasized the Council did not support the development of a trolley system on Shoreline
Boulevard south of IH -37.
Mr. Seiler displayed a slide illustrating the hybrid route selected for the environmental
assessment study. The route traveled along Water Street between William Street and IH -37, and
along Shoreline Boulevard between IH -37 and the new arena.
Mr. Seiler discussed the contents of the environmental assessment administrative draft. He
stated it was a comprehensive document, including a no build analysis, vehicle types study,
financing scenarios, capital and O&M costs, and site impact.
Mr. Seiler reported on the next steps to making an informed decision on the streetcar system.
He commented there seemed to be a perception that the RTA was ready to begin preliminary
engineering on the project, which was false, although the RTA Board of Directors could opt to do
this in the future. He said the RTA staff was working with the Federal Transit Administration
regional office to follow the appropriate steps for a project of this scope. The steps included in the
environmental assessment draft were as follows: amending and approval of Environmental
Assessment Administrative draft; providing notice of availability (NOA) comment period and public
hearing; approval of "Finding of No Significant Impact" (FONSI); MPO Transportation
Improvement Program (TIP) amendment; and Project Management Plan (PMP).
With regard to Step One, the environmental assessment (EA) administrative draft, Mr. Seiler
reported the draft was sent to the Federal Transit Administration (FTA) regional office in December
2004. Staff expected to receive FTA comments on the proposal within 30 days, and then would
integrate their comments into the final document. He said the FTA would judge the proposal on the
following criteria: technical merit; addresses the required elements; and fundable from a federal
perspective. Once the revisions were made, the amended environment assessment (EA) would be
submitted for approval and signature.
After the environmental assessment was signed, Mr. Seiler stated Step Two was to release
Minutes - Regular Council Meeting
February 15, 2005 - Page 4
the document for 30 days of public review, known as the Notice of EA Availability (NOA) period.
The document is also made available to federal, state and local agencies with an interest in the
project. In addition, the RTA would hold a public meeting to determine whether any significant
environmental impacts were identified.
Mr. Seiler stated the RTA would then refer any comments to the FTA as part of the Finding
of No Significant Impact (FONSI) document, Step 3 of the process. The RTA would submit a draft
FONSI with the approval of the RTA Board of Directors. The draft would include the following
elements: summary of comments/responses from the NOA process; confirmation of locally preferred
alternative (LPA) route by the RTA Board; and an FTA review period of 30 to 90 days. The RTA
would revise the FONSI according to the FTA's review comments, and then submit the amended
final FONSI document for approval and signature.
Mr. Seiler reviewed the final steps of the process as follows: amend the MPO Transportation
Improvement Program subject to MPO approval; completion of Project Management Plan (PMP)
subject to FTA approval; and request approval from FTA to enter into Preliminary Engineering.
Mr. Seiler discussed the Project Management Plan in more detail. He said it was basically
a business plan, in which the RTA assessed whether the project was viable for the RTA and for the
community. Other considerations would be the RTA's capacity to implement and maintain a new
major system along with its current system, the establishment of a formal financial plan (including
capital and O&M costs), a description of how the RTA would manage the project, and further
interaction with stakeholders. He emphasized the PMP must include deliberations with stakeholders
affected by the project and address all agencies' issues and roles (i.e. right-of-way agreements,
relationships to other projects).
Finally, Mr. Seiler reported on the various capital funding sources. The RTA estimated that
50 to 80 percent of the funding would come from federal sources, such as the FTA New Starts
program, other Section 5309 discretionary funds, and Section 5307 formula funds. The remainder
of the funding would come from State sources (e.g. TERP, Statewide Transportation Enhancement),
regional and local sources (RTA, Port, and MPO, in-kind sharing, etc.), and private sources.
Mr. Sanchez concluded the presentation by providing his perspective on the project's
significance. He said transit -integrated or oriented development was a national trend that greatly
benefitted communities. There were many urban areas vying for FTA New Start Program funding,
and he noted there was a recent resurgence in the popularity of the streetcar concept. Mr. Sanchez
stated there were numerous unanswered questions that required further study and final consideration.
He said RTA staff was committed to working even more closely with city staff to respond to all
transit challenges. Finally, he said the RTA was committed to recommending the most appropriate
and the best transportation "solution". In closing, he said Corpus Christi deserved a "First Class
Public Transportation System" to meet the needs of first class venues.
Mr. Colmenero spoke in support of continuing with the environmental assessment process
because he felt it would provide more information on the "big picture" related to the downtown
area's transportation needs.
Mr. Chesney spoke against continuing with the streetcar project because he felt the project
Minutes - Regular Council Meeting
February 15, 2005 - Page 5
was not in the best interests of the community. He said a rubber tire trolley could address the
transportation needs of the downtown area and its new attractions just as well as a fixed rail trolley,
with the advantage of being more flexible and less expensive. He also said he had received
numerous calls from citizens who were opposed to the streetcar system. Therefore, he thought it
would be best to stop the process now. Mr. Chesney asked that an item regarding the streetcar
project be placed on the agenda for a vote so the community will know where the Council stands
on the issue.
Mr. Kinnison stated he had asked for this presentation to provide the Council with the
opportunity to clearly communicate to the RTA their stance on the streetcar project. He asked for
a project timeline. Mr. Seiler replied the anticipated completion date for the Project Management
Plan was May 2005 for submission to the FTA. The preliminary engineering and the final
engineering would probably be completed in one year. Pending FTA funding approval, Mr. Seiler
believed the earliest time the project could be operational was in 2009.
Mr. Kinnison believed the baseball stadium area already had sufficient parking for most
events. He reiterated the city was not going to commit any direct funding to the project, and even
went so far as saying the city would not provide indirect funding either. He also believed the RTA
stated he did not believe the RTA could fund the project. He asked for a capital cost estimate on the
project. Mr. Sanchez replied the streetcar project was roughly estimated to cost approximately $32
to $32.4 million, or $9 to $11 million per mile. He noted that Galveston had experimented with
hybrid technology which decreased the cost to $4 million per mile, which he felt made the project
more achievable.
Mr. Kinnison also thought the streetcar project timeline did not coordinate well with the
city's current capital projects in the bayfront area near the arena and federal courthouse. He did not
want a situation to arise where the city would complete construction in these areas, only to have the
RTA wreck the area's streets for the streetcar project construction. Mr. Sanchez emphasized the
importance of having a good master plan to prevent this situation from occurring.
Finally, Mr. Kinnison did not believe this project was a high priority for the community
because it did not seem to have high levels of support. Thus, he reiterated that it was important that
the Council convey this message to the RTA now if in fact it was the majority view.
Mr. Noyola spoke in support of continuing with the environmental assessment portion of the
streetcar project. He said it would be premature to terminate the project now without the results of
the EA because it would provide the answers to many of the important questions. Mr. Sanchez
agreed, saying he also felt it would be appropriate to complete the study. At some point, the city
would require a more advanced method of transportation to meet its needs.
Mr. Noyola stated the study was first commissioned because of traffic and parking concerns
in the area. He said he had not received a single call from his constituents in opposition to the
project. He felt it was important to receive a professional opinion on whether the project was
feasible. He also stated he would support indirect city funding to the project to assist the RTA.
Mayor Neal stated he would like to reach a decision point regarding the streetcar project.
He asked what answers the environmental assessment would provide. Mr. Seiler replied the EA
Minutes - Regular Council Meeting
February 15, 2005 - Page 6
would determine whether the FTA felt the project had technical merit and whether it was
economically feasible. Since the FTA would be the primary funding source for the project, if the
EA review was not favorable, then the streetcar project would be impossible to undertake. In
addition, Mr. Seiler said the Project Management Plan (PMP) would provide the answers to every
question the Council had today. Mayor Neal asked when the PMP would be completed. Mr. Seiler
replied the PMP would be completed by early May at the latest.
Mayor Neal stated he felt it was important to make a decision regarding the streetcar project
before April 1 (Note: City Council election takes place on April 2). He suggested the Council wait
until the last Council meeting in March for the results of the Project Management Plan and
Environmental Assessment. Mayor Neal stated it was essential that the results indicate whether the
project would receive FTA funding. He said once these studies were received, then the Council
could make an informed decision.
Mr. Chesney asked if any public dollars would be spent on the streetcar project between now
and April 1. Mr. Sanchez replied that no dollars would be spent during this time period. He said
the Mayor's timeline was feasible, and he would discuss the matter further with the RTA Board of
Directors.
In response to Mr. Kinnison's question, Mr. Seiler stated that on or before April 1, the RTA
should have a very good idea of what the maximum level of funding from the FTA would be. Mr.
Kinnison asked what level of federal funding staff thought the project would receive. Mr. Sanchez
guessed it would be between 50 to 60 percent of the maximum $25 million in funding, or
approximately $15 million. If the projected cost estimate for the entire project was $34 million, Mr.
Kinnison reiterated he did not believe the RTA could make up the $17 million difference.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 4 - 15). City Secretary
Chapa announced that Mr. Kelly was abstaining from the vote and discussion on Item 6. Mr. Abel
Alonzo requested that Item 6 be discussed. Mr. Noyola requested that Item 7 be discussed. A
motion was made and passed to approve Items 4 through 15, constituting the consent agenda, except
for Items 6 and 7, which were pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows:
4. MOTION NO. 2005-046
Motion approving a supply agreement for brass service fittings in accordance with Bid
Invitation No. BI -0007-05 with National Waterworks, Inc., of Corpus Christi, Texas based
on low total bid for an estimated annual expenditure of $103,334.70. The fittings will be
stocked by the Warehouse and distributed to Water Department. The term of the agreement
is twelve months with 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 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".
Minutes - Regular Council Meeting
February 15, 2005 - Page 7
5. ORDINANCE NO. 026142
Ordinance appropriating $30,223 from the State Homeland Security Grant in Fire Grants
Fund 1062 for purchase of a building access and security system for the Frost
Bank/Emergency Operations Center building.
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".
8. MOTION NO. 2005-049
Motion authorizing the City Manager or his designee to execute a construction contract with
RCM Construction, Inc., of Corpus Christi, Texas in the amount of $456,050 for the
Wastewater Clean-out Installation Program 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".
9. MOTION NO. 2005-050
Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the
Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas
in the amount of $31,125 for a total restated fee of $813,398 for the Force Main Repairs and
Replacement - Country Club Estates Lift Station Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10. MOTION NO. 2005-051
Motion authorizing the City Manager or his designee to authorize a construction agreement
in an amount not to exceed $88,582.43 with AEP for street Tight installation and relocation
of electrical power lines on Port Avenue between Sam Rankin and United States Highway
181.
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
February 15, 2005 - Page 8
1 1.a. ORDINANCE NO. 026143
Ordinance appropriating $61,120.14 from unappropriated interest earnings and
miscellaneous revenues from Park Capital improvement Program Fund No. 3280 for
miscellaneous change orders and amendments; amending the Capital Budget adopted by
Ordinance No. 025647 by increasing appropriations by $61,120.14.
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.b. ORDINANCE NO. 026144
Ordinance appropriating $9,994.86 from unappropriated interest earnings and from Park and
Recreation 2001 Capital Improvement Program Fund No. 3288 for miscellaneous change
orders and amendments; amending the Capital Budget adopted by Ordinance No. 025647
by increasing appropriations by $9,994.86.
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".
12. MOTION NO. 2005-052
Motion authorizing the City of Corpus Christi's proportional contribution of the local share
of administrative expenses for regional water planning activities during FY2005, required
by Senate Bill 1, 75`h Texas Legislature, in accordance with the Interlocal Agreement for
Water Planning Activities approved by Motion 98-034, with the City's remaining share,
according to the formula adopted by the Regional Water Planning Group, to be $44,309.51.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
13. ORDINANCE NO. 026145
Ordinance governing City Elections in 2005, including Appointment and Compensation of
Election Officials, Voting Systems, Ballot Boxes, and Central Counting Station.
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
February 15, 2005 - Page 9
14. MOTION NO. 2005-053
Motion authorizing the City Manager to execute a Deferment Agreement with Onac
Development, Inc., owner and developer of The Boardwalk Unit 2 Subdivision in the amount
of $1,114,560.32 for public improvements including street pavement, curb, gutter and
sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2
Subdivision, in accordance with the Platting Ordinance Section V -Required Improvements,
Subsection A.3.(b).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
15. ORDINANCE NO. 026146
Abandoning and vacating a 1,250 -square foot portion of a 10 -foot wide alley right-of-way
out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon
Street); subject to owner's compliance with the specified conditions.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Mayor Neal opened discussion on Item 6 regarding the transfer of the ownership of the arena
from the Corpus Christi Business and Job Development Corporation (4A Board) to the city. Mr.
Abel Alonzo, 1701 Thames, asked why the arena was being transferred to the city, since he thought
the city had been responsible for the arena. City Manager Noe explained the city had served as the
agent for the 4A Board, and the projects had been approved by the 4A Board as required by statute.
City Secretary Chapa polled the Council for their votes as follows:
6. MOTION NO. 2005-047
Motion to accept ownership of the American Bank Center Arena from the Corpus Christi
Business and Job Development Corporation with an effective date of February 7, 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Mayor Neal opened discussion on Item 7 regarding a construction contract for wastewater
line cleaning in the Broadway Basin. Mr. Noyola asked why there was such a discrepancy in the
bid amounts of the local bidder, Jhabores Construction, and the out-of-town bidders. City Engineer
Angel Escobar replied that Chief Environmental Survey of Houston, TX, the apparent low bidder,
had extensive experience in cleaning large wastewater lines that required specialized equipment.
He said it was very specialized work that local contractors did not have the equipment or expertise
to complete. City Secretary Chapa polled the Council for their votes as follows:
�ur Council Meeting
F.,, '005 -Page 10
7. MOTION NO. 2005-048
Motion authorizing the City Manager or his designee to execute a construction contract with
Chief Environmental Surveys, of Houston, Texas in the amount of $283,460 for the
Broadway Basin 15 -inch and Larger Wastewater Lines Cleaning 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".
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 4118 Bray, spoke regarding his concem that the doors of City Hall were locked
after hours, even when people were still in the building for meetings or working late, saying this was
a violation of the fire code. He also stated the American flag was not folded properly in a display
case on the first floor of City Hall. City Secretary Chapa replied that the maintenance department
was looking into the matter.
Mr. Crystal Lyons, 13901 Cabana North, spoke in favor of continuing the RTA streetcar
project, and also expressed concern about mobility issues in the arena area.
Mr. Abel Alonzo, 1701 Thames, spoke regarding city funding of MHMR.
Mr. Roland Barrera, 2621 Camargo, and Mr. Roland Garza, 2854 Alvin Drive, also spoke
in favor of the continuing with the RTA streetcar project, saying the community should be allowed
to decide the project's fate. Mr. Garza also asked for more crosswalks in the south side of the city,
especially at the intersections of Airline and McArdle Streets, and Doddridge and Alameda Streets,
among others.
*************
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
26. 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, 28`h Judicial District, with possible discussion and action
related thereto in open session.
Minutes - Regular Council Meeting
February 15, 2005 - Page 11
27. WITHDRAWN
v. Entrust, Ltc., lb,nas Duan, and Dutan Insuranc llrokcrag (tuns c.ly (auSc No. 04-
3928-G, City of Corpus CL " . . , ., zr11-irthe-3-1-9"' Judicial District Court of
Nucecs County, Texas), attd alae rcga,d*J„g Cau Ne. C-04-500, Toufda utan v. City of
COipus C1,.ist;, David Garcia, Donna Jands, Lcc Dun,Lauld, Gco.gL Nuc, Kath MINLely
tl
Y
The Council went into executive session. (*Melody Cooper left at 1:00 p.m.)
* * * * * * * * * * * * *
The Council returned from executive session, and Mayor Neal referred to the public hearings
on the days agenda. City Secretary Chapa announced that Item 16 regarding a number of street
closures was being withdrawn.
16.a. WITHDRAWN
ct abatlduuuig, and vacating a 53,492-atluatc foot puttivtt of tln
16.b. WITHDRAWN
Fi c - Abando g dud vacating a 5),492 4 fool pothuu Of tht,
Avcnue� l�strceti isht-nf-way, nnrth of l apt Navigation BOulwa.d, f un, CaA3`Ia rigation
ouk and t0 I)Ica ksv at
COnmttotts.
16.c. WITHDRAWN
e, Su�J
tO Owuti'S cOinpltauec with t aYwit-i
16.d. WITHDRAWN
cg v,ama11 - nvanUumug an vacauug a lv,UO.1-ayuatc lu
Sp Li contldiOus.
Minutes - Regular Council Meeting
Feb] uary 15, 2005 - Page 12
16.c. WITHDRAWN
ca, mg
(3.880 ac«s), ig,iioi Read an d Avenue "F".
16.f. WITHDRAWN
g
NLA
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing on the following right-of-way closure:
17.a. Public hearing to consider abandoning and vacating a 42,471 -square foot portion of an
undeveloped and unsurfaced 30 -foot wide dedicated public right-of-way out of Lots 12 and
13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 -feet
southwest of the dead-end portion of the Junior Beck Drive street right-of-way).
No one spoke in opposition to the right-of-way closure. Mr. Noyola 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:
17.b. ORDINANCE NO. 026147
Ordinance abandoning and vacating a 42,471 -square foot portion of an undeveloped and
unsurfaced 30 -foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5,
Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 -feet southwest of the
dead-end portion of the Junior Beck Drive street right-of-way); 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, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper and Chesney were absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 18, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1204-07, Tim J. Mokrv: A change of zoning from a "R -1B" One -family Dwelling
District to a "B-4" General Business District, being 11.023 acres out of Lots 31 and 32,
Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located north and south of
Corsica Road and east of South Staples Street.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "B-4" General Business District and in lieu thereof, approval of an "A-1" Apartment House
Minutes - Regular Council Meeting
February 15, 2005 - Page 13
District on Tract - 1 and a `B-1" Neighborhood Business District on Tract - 2.
Mayor Neal asked for public comment. Ms. Thelma Mokry spoke against staffs
recommendation, saying she was in favor of the "B-4" zoning. Mr. Noyola made a motion to close
the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their
votes as follows:
18. ORDINANCE NO. 026148
Amending the Zoning Ordinance, upon application by Tim J. Mokry by changing the zoning
map in reference to 11.023 acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 11, Lots 31 and 32 from "R -1B" One -family Dwelling District to Tract 1 - "A-1"
Apartment House District and Tract 2 - `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, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-01, Mostaghasi Investment: A change of zoning from an "A-1" Apartment
House District to a "R -1C" One -family Dwelling District on 11.91 acres out of Flour Bluff
and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10 and 11, located north of
Jessica Drive and New Bedford Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R -1C" One -family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Colmenero made a motion to close
the public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council
for their votes as follows:
19. ORDINANCE NO. 026149
Amending the Zoning Ordinance, upon application by Mostaghasi Investment by changing
the zoning map in reference to 11.91 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 11, Lots 6, 7, 10, and 11 from "A-1" Apartment House District to "R -1C"
One -family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
February 15, 2005 - Page 14
Mayor Neal referred to Item 20, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-02 Ali Pilehvari: A change of zoning from a "R -1B" One -family Dwelling
District and "R -IB" One -family Dwelling District with a Special Permit to a "B-1"
Neighborhood Business District on Alameda Park, Block 6, Lots 33 and 34, located west of
Everhart Road and 200 feet south of Avalon Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the `B-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Mr. Scott 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:
20. ORDINANCE NO. 026150
Amending the Zoning Ordinance, upon application by Ali Pilehvari by changing the zoning
map in reference to Alameda Park Subdivision, Block 6, Lots 33 and 34 from "R -1B" One -
family Dwelling District and "R-1B"/SP One -family Dwelling District with a Special Permit
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, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-03, Michael L. and Nan M. Hughes: A change of zoning from a "B-4"
General Business District to an "I-3" Heavy Industrial District in Lindale Park Addition,
Block 1, Lot 2A, located along the northwest corner of Swantner Drive and Ohio Street.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "I-3" Heavy Industrial District and in lieu thereof, approval of a Special Permit for a fourteen
foot by fourteen foot pet crematorium building subject to Texas Commission on Environmental
Quality Permit regulations.
Assistant Director of Development Services Michael Gunning reported the applicants
Michael and Nan Hughes requested the change in zoning from a "B-4" General Business District
to an "I-3" Heavy Industrial District to install a pet crematorium at their veterinary clinic located
on the corner of Ohio Avenue and Swantner Drive. He said the Planning Commission denied their
request for an "I-3" district, but recommended a Special Permit for the pet crematorium. The
Special Permit would limit the proposed crematorium to a 14' x 14' building with a height of 8 feet,
and would also require the applicants to remain in full compliance with TCEQ permit regulations.
Minutes - Regular Council Meeting
February 15, 2005 - Page 15
Mr. Gunning said the owners had applied for and received a permit for a crematorium from
the TCEQ. The TCEQ considered a pet crematorium an acceptable use for most veterinary clinics.
TCEQ guidelines required that the odors and emissions resulting from the crematorium would have
a negligible effect on the neighborhood. Mr. Gunning reported there were initial concerns expressed
by property owners living in the area, but once staff provided them with more information on the
project, they decided not to submit any opposition to the proposed special permit.
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.
In response to Mr. Kelly's question, Mr. Gunning stated the TCEQ permit regulations do not
allow for the release of any odors, smells, or ashes into the area. Mr. Kelly asked what the city's
enforcement was in the event the applicants did not adhere to the permit regulations. Mr. Gunning
replied the city would report any violations to the state for further investigation.
Mr. Noyola expressed concern about the affect the crematorium would have on the adjacent
residential area. Mr. Gunning replied he knew of one other existing clinic in the city that operated
a pet crematorium, but otherwise this was a new use for the city's zoning ordinances.
Mr. Colmenero asked how the city would ensure the clinic was in compliance. Mr. Gunning
replied code enforcement would inspect the facility only if a complaint was made, and then they
would refer the complaint to the TCEQ for further investigation, and follow-up on the outcome.
City Secretary Chapa polled the Council for their votes as follows:
21. ORDINANCE NO. 026151
Amending the Zoning Ordinance, upon application by Michael L. and Nan M. Hughes by
changing the zoning map in reference to Lindale Park Subdivision, Block 1, Lot 2A
(currently zoned "B-4" General Business District) by granting a Special Permit for a fourteen
by fourteen foot animal crematorium subject to the regulations set forth by the Texas
Commission on Environmental Quality; 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, Garrett, Kelly, Kinnison, and Scott, voting "Aye";
Colmenero and Noyola, voting "No"; Cooper was absent.
Mayor Neal referred to Item 22, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-04, Vic Kasan: A change of zoning from a "R -1B" One -family Dwelling
District to a "B-4" General Business District. The property is in Brookhaven Subdivision,
Block 8, Lot 1, located along the southwest corner of Brookhaven Drive and Brookside
Drive.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-4" General Business District.
Minutes - Regular Council Meeting
Febi uary 15, 2005 - Page 16
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
publ is hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
22. ORDINANCE NO. 026152
Amending the Zoning Ordinance, upon application by Vic Kasan by changing the zoning
map in reference to Brookhaven Subdivision, Block 8, Lot 1, from "R -1B" One -family
Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-05 Alty Enterprises Inc.: A change of zoning from a "F -R" Farm -Rural
District to a "R -IB" One -family Dwelling District being 57.94 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field
Road and south of Slough Road (future Lipes Boulevard).
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R -1B" One -family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for
their votes as follows:
23. ORDINANCE NO. 026153
Amending the Zoning Ordinance, upon application by Alty Enterprises by changing the
zoning map in reference to 57.948 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 25, Lots 2, 3, and 4 from "F -R" Farm Rural District to "R -1B" One -family
Dwelling District; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Cooper were absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 24.a., and a motion was made, seconded, and passed to open
the public hearing on the following variance request:
Minutes - Regular Council Meeting
February 15, 2005 - Page 17
24.a. Public hearing on request for a variance to operate an establishment with on -premise
consumption of alcoholic beverages.
Mayor Neal asked for public comment. Ms. Carol Suhip, Tuloso-Midway Independent
School District (TMISD) Assistant Superintendent, spoke against the variance request because the
establishment, Casa Del Sol Cafe at 9840 Leopard Street, was 60 feet (property line to property line)
from Tuloso-Midway Middle School. The school district felt it was inappropriate to have a
restaurant serving alcoholic beverages in such close proximity to a school.
Mr. George Garza, representing the Casa Del Sol Cafe's owner, spoke in favor of the
variance request. He said the restaurant opened at 11:00 a.m., and the sale of alcoholic beverages
would be incidental to their food sales. (* Melody Cooper arrived at 1:26 p.m.) Mr. Kinnison made
a motion to close the public hearing, seconded by Mr. Kelly.
Assistant Director of Development Services Michael Gunning explained the restaurant had
operated as Chela's Cafe since 1973, and had been selling alcoholic beverages as part of their
operation. The state law changed recently prohibiting the sale of alcoholic beverages within 300 feet
of churches, day-care centers, hospitals, and schools unless the City Council granted a variance to
the distance requirements. Since Chela's Cafe was an existing establishment, they were
grandfathered from adhering to this requirement. The restaurant was sold in November 2004,
however, so the new owners were required to obtain their own alcoholic beverage license.
Mr. Gunning stated staff felt this restaurant had been in place in the neighborhood for many
years with no adverse effects. He said at least 75 percent of their total sales revenue will come from
food sales, with the majority of the alcohol sales occurring in the late afternoons, evenings and
weekends when the school was closed. Although the restaurant was 60 feet from the middle school,
he said it was part of a shopping center that fronted Leopard Street, an arterial road. Staff denied
the initial request Mr. Sanchez had submitted as required by state law, but staff was recommending
that the Council approve the variance request.
Mr. Noyola asked if there had been any alcohol-related problems involving the restaurant.
Mr. Gunning replied negatively.
In response to Mr. Kelly's question, Mr. Gunning replied if the Council were to deny the
variance request, then the applicant would be prohibited from reapplying for a variance for one year.
Mr. Kelly asked if the new restaurant operator and the school district had discussed the matter. Mr.
Gunning replied negatively, saying staff was unaware there was any opposition to the variance
because of 18 notices mailed out, there were no notices were received in opposition or in favor.
Mr. Kelly spoke in opposition to the variance request because he respected Tuloso-Midway
Independent School District's wishes in the matter. He suggested that the applicant withdraw his
applicant until he had an opportunity to speak with TMISD school board and possibly reach a
compromise, rather than risk having the Council deny his request today.
Ms. Cooper agreed that the applicant should speak with the TMISD school board to try to
reach a compromise in the matter. Mr. Gunning added the Council could also assign conditions to
the TABC permit to provide higher safeguards, such as limiting the establishment to a restaurant use
Minutes - Regular Council Meeting
February 15, 2005 - Page 18
only.
Mayor Neal asked if the variance request could be tabled to provide the applicant an
opportunity to reach a compromise with TMISD. Mr. Gunning replied affirmatively. Mayor Neal
asked Mr. Garza if he objected to tabling the item for a few weeks. Mr. Garza replied that he
concurred with this recommendation, and he would speak with TMISD to resolve the issue.
Mr. Kelly made a motion to table this item to the first Council meeting in March, seconded
by Ms. Cooper. City Manager Noe pointed out that the TMISD school board did not meet until the
first week in March; thus, it would be preferable to table the item until the second meeting in March.
Mr. Kelly and Ms. Cooper agreed to this amendment. The motion passed.
24. TABLED UNTIL THE SECOND MEETING IN MARCH (MARCH 22)
cSOlutluli gi autuig a vanancc, at L. Scction 4-0(1) OI n.e uoa or Vail iuduCcS LO Uc.utgu
idhcZ to Operatc du Ou-pi CwiSS. ah.u1IOIiup
St' Oct.
* * * * * * * * * *
*
**
Mayor Neal opened discussion on Item 25 regarding amendments to the processes related
to public access issues. Assistant City Manager Oscar Martinez explained this ordinance passed on
its first reading on January 18, 2005. In essence, the intent of the amendments was to clarify the
rules and procedures and improve the processes that address Public Access Channel 10. Staff was
requesting the final approval of the two ordinances.
To review, Mr. Martinez said the first ordinance amended Chapter 2 of the city code to
reduce the duties of the Cable Communication Commission related to access user councils (groups),
and repeal a section in Chapter 2 regarding access user groups. The second ordinance amended
Chapter 55, the Rules and Procedures regarding public access cablecasting, to establish that city staff
shall function as the public access user group (PAUG) for Channel 10. It also amended the process
regarding programs in violation of the Rules and Procedures.
Mr. Martinez reported that since the last reading on January 18, there were a number of
additional amendments to Chapter 55 being recommended. He said most of the amendments were
clarifications to procedural issues. In addition, he said the rules require that the city shall give the
cable operators 60 days written notice of any proposed amendment to the Rules and Procedures.
Time Warner and Grande Communications received the proposed amendments, and each cable
operator had waived the 60 days notice because they had no objections to the proposed amendments.
In conclusion, Mr. Martinez reported the Cable Communications Commission passed a
motion on February 7 requesting that the Council provide the commission with more time to review
the amended rules and procedures.
Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, and Mr. Roland Garza,
2854 Alvin, spoke against the city assuming the role of the PAUG, and asserted that Channel 18 was
also in violation of the Rules and Procedures but was not being scrutinized. Mr. Jerome Bradford
Minutes - Regular Council Meeting
February 15, 2005 - Page 19
stated the PAUG was not the problem; rather, it was the studio management that was at fault. He
mentioned that the Cable Communications Commission had recently certified Mr. Gordy's group
as the new PAUG at their meeting last Monday.
Mr. Kinnison expressed concern that having the city serve as the PAUG would create more
work for staff. Mr. Martinez replied that he felt it would actually reduce staff time significantly
since it would create clear lines of accountability and more equitable treatment of the producers.
Mr. Kelly was skeptical that assigning staff more responsibilities related to public access
would result in less staff time spent on the matter. He was also concerned that more Council time
would be spent on these disputes since the proposed amendment would involve the city even more
in the process.
Mr. Noyola spoke in favor of allowing Mr. Gordy's group to serve as the PAUG rather than
the city. He did not want the city to assume responsibility for the PAUG's duties because he did not
want more staff time spent on this issue.
Ms. Cooper took exception to the Cable Communication Commission's action to certify Mr.
Gordy's group as the new PAUG. City Manager Noe replied staff had recommended that the
commission table this issue, but the commission ignored this recommendation and certified a PAUG.
Ms. Cooper stated the Council had clearly said they did not want another group certified as a PAUG,
and the commission should have followed the Council's lead on this matter. She felt the
commission's action justified staff's recommendation to have the city serve as the PAUG. She spoke
in support of the second reading ordinances.
Mr. Chesney spoke in support of the second reading ordinances because he felt it would
reduce staff time. He said he had received many citizen calls in support of the action as well. He
also shared Ms. Cooper's concern about the Cable Communication Commission's action against the
Council's directive, and he asked City Manager Noe to communicate his displeasure to the
commission.
Mayor Neal stated that if the ordinances passed, he did not want to see more staff time spent
on public access issues. Mr. Martinez replied there would be no additional staff position created to
oversee public access; rather, an existing staff member would assume the duties within their current
scope of work.
The Mayor asked what would happen ifthe ordinances failed. Mr. Chapa replied the existing
processes and rules and regulations would remain in place. City Secretary Chapa polled the Council
for their votes as follows: Chesney, Cooper, and Scott, voting "Aye"; Neal, Colmenero, Garrett,
Kelly, Kinnison, and Noyola, voting "No". The ordinances failed.
25.a. FAILED
Scco,ld Rcadl.lg Ord.nai.c. - A�nc„d,ng tL. Code of O.dulaII J, C.tyrof Copus Chiisti,
CLaYtcr 2, .c6a.ding CaLic Coiw,
vviuuiK ivi tic
caflmg
Minutes - Regular Council Meeting
February 15, 2005 - Page 20
25.b. FAILED
.. .. . •• .
ut Cut pua CL1 Baty C:Itaptu 55, . csal dinsutd pi uCcdLuca tei puLLC aCccaS cablcLastws,
to amcnd tl S of city au d cablL opciatoi a„ d Lclntical quit 111
25.c. FAILED
g
cs, c,ty of Ge. Y4s l;trnst.,
CLapt._r 55, 1Lgardiug Rulcb and I\o,4,dures fur Public Acccsa CaLkcaati.,g. (First Reading
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. City Manager Noe announced the kick-off
of the Neighborhood Pride program in NIP Area #6 (Baldwin, Ayers, Port and Highland area) was
scheduled this evening at 6:00 p.m. at the Zavala Special Emphasis School. He also thanked
Assistant to the Mayor Diana Garza and Assistant City Secretary Mary Juarez for their assistance
with the Institute of the Association of Mayors, Council Members and Commissioners conference
in Austin. Mr. Noe also announced that Ms. Annette Rodriguez had been appointed the Acting
Director of the City/County Health department.
City Manager Noe reported the following items were scheduled for consideration on next
week's agenda: allowance for electronics emissions as part of the city's development process; grants
for Weed and Seed; and the second and last change order for the baseball stadium project.
Mayor Neal called for Council concerns and reports. Mr. Kinnison asked that the Council
consider reviewing the city's financial policies to allow them to submit any changes before the
budget was prepared. City Manager Noe added Mr. Kinnison's concern was related to reconciling
the Council member election cycle, beginning in April, with the budget cycle, ending in July.
Mayor Neal replied the Council would consider Mr. Kinnison's request.
Mr. Colmenero reported a resident at the corner of Florence and Gollihar Streets was being
cited for putting out their brush outside of the assigned time period, but the resident maintained that
the brush truck missed their house during the last pick-up period. He provided the resident's name
and phone number to Mr. Noe. He also reported a problem with inoperable vehicles being parked
in driveways that were eyesores. He asked staff to work on a plan to address this problem.
Mr. Kelly asked for a construction update on Up River Road by Miller High School, saying
he had received complaints that the construction was at a standstill. He asked staff to minimize
delays in bond project work as much as possible because it sent the wrong message to the voters,
who were anxiously awaiting the completion of the projects. City Manager Noe replied staff walked
a fine line in completing the projects on time while not assuming increased costs.
Mr. Kinnison asked why the downtown area was scheduled for garbage pick-up on the
weekends, when tourists were visiting town. Assistant City Manager Massey replied when the city
went to a six day a week schedule, some areas were shifted to a Wednesday/Saturday pick-up
Minutes - Regular Council Meeting
February 15, 2005 - Page 21
schedule. Mr. Noe said staff could change the pick-up schedule for the downtown area, but that
would result in a shift for another large segment of the city. He found it difficult to impact a large
portion of the city to meet the needs of a small segment.
Ms. Cooper asked if the pilot program extending the hours of the animal care facility had
begun. City Manager Noe replied negatively, saying it would begin on February 28. Ms. Cooper
asked how the city was publicizing the change. Mr. Noe replied he had asked Public Information
Officer Cheryl Soward to develop an information program. Ms. Cooper stated it was important to
publicize the change so people would utilize it.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:40 p.m. on February 15, 2005.
* * * * * * * * * * * * *