HomeMy WebLinkAboutMinutes City Council - 04/12/2005I 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 April 12, 2005, which were approved by the
City Council on April 19, 2005.
WITNESSETH MY HAND AND SEAL, on this the 19th day of April, 2005.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 12, 2005 - 1:00 p.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor -Elect Garrett called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Robert Lim of the Abiding Savior Lutheran Church and the
Pledge of Allegiance to the United States flag was led by Mayor Garrett.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council -
Elect was present to conduct the meeting.
The Honorable J. Manuel Bac-ales, 105' Judicial District Court, conducted the swearing-in
ceremony of the new Mayor and Council Members.
Mayor Garrett referred to Item F, incoming Council Member speeches. The Mayor and each
Council Member thanked their supporters, friends, and family for aiding them in their successful bids
for elected office. Mayor Garrett pointed out that he had already met with Nueces County Judge
Terry Shamsie and other County Commissioners to discuss improving relations between the city and
Nueces County. Council Member Kelly and his wife Evon presented Mayor Garrett with a framed
painting of Snapka's Restaurant to commemorate his "victory celebrations" there with his deceased
wife Nancy.
Mayor Garrett acknowledged Nueces County Commissioners Betty Jean Longoria and Peggy
Bafiales, who were in the audience.
Mayor Garrett called for a brief recess to hold a short reception.
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The Council returned from recess, and Mayor Garrett referred to Item G, the selection of the
Mayor Pro Tem. He announced the Mayor Pro Tem service dates as follows: Brent Chesney (April
12 to July 4, 2005); Melody Cooper (July 5 to October 3, 2005); Jerry Garcia (October 4, 2005 to
January 2, 2006); Bill Kelly (January 3 to April 3, 2006); John Marez (April 4 to July 3, 2005); Jesse
Noyola (July 4 to October 2, 2006); Mark Scott (October 3, 2006 to January 1, 2007); and Rex
Kinnison (January 2, 2007 to end of term). Mr. Scott made a motion to accept the Mayor Pro Tem
Minutes - Regular Council Meeting
April 12, 2005 - Page 2
seryice dates as presented, seconded by Mr. Garcia, and passed.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 1 - 11). Council
members requested that Items 4, 6, and 9 be discussed. There were no comments from the public.
A motion was made and passed to approve Items 1 through 11, constituting the consent agenda,
except for Items 4, 6, and 9, which were pulled for individual consideration. City Secretary Chapa
polled the Council for their votes as follows:
1.a. RESOLUTION NO. 026194
Resolution authorizing the City Manager or designee to accept a grant in the amount of
$12,587 from the Texas State Library and Archives Commission and to execute a contract
and all related documents as part of the Bill and Melinda Gates Foundation "Staying
Connected" program for the purchase of ten computers for the Central Library and the
Greenwood Branch Library.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
1.b ORDINANCE NO. 026195
Ordinance appropriating $12,587 from the Texas State Library and Archives Commission
in the No. 1068 Library Grants Fund for the purchase of ten computers for the Central
Library and the Greenwood Branch Library as part of the Bill and Melinda Gates Foundation
"Staying Connected" program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
1.c. ORDINANCE NO. 026196
Ordinance appropriating $6,293.33 from the Corpus Christi Public Library Foundation in the
No. 1068 Library Grants Fund as matching funds for the purchase of ten computers for the
Central Library and the Greenwood Branch Library as part of the Bill and Melinda Gates
Foundation "Staying Connected" program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 3
2. ORDINANCE NO. 026197
Ordinance appropriating $207,000 from the estimated program income revenue in the No.
1066 Health Grants Fund as State Fiscal Year 2004-2005 program income to fund the Breast
and Cervical Cancer Control Program, Immunization Services, and Family Planning Services
for the period of September 1, 2004 through August 31, 2005.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
3.a. MOTION NO. 2005-110
Motion authorizing the City Manager or his designee to accept the Summer Food Service
Program Grant from the Texas Health and Human Services Commission to provide summer
lunches and snacks to citizens ages one to eighteen years at summer youth recreation
programs throughout the community.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
3.b. ORDINANCE NO. 026198
Ordinance appropriating a grant in the amount of $416,840 in the No. 1067 Park and
Recreation Grant Fund from the Texas Health and Human Services Commission to operate
a Summer Food Service Program for Summer Recreation Program participants ages one to
eighteen years.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
3.c. RESOLUTION NO. 026199
Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement with the Corpus Christi Independent School District to provide summer food
services for summer recreation.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 4
3.d. RESOLUTION NO. 026200
Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement with the Corpus Christi Independent School District to provide transportation
services for Youth Recreation Programs.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
5.a. ORDINANCE NO. 026202
Ordinance amending the ICMA Retirement Corporation Deferred Compensation Plan
adopted by Ordinance No. 18127 to include provisions for loans to participants.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
5.b. RESOLUTION NO. 026203
Resolution amending the United States Conference of Mayors Deferred Compensation Plan
adopted by Resolution No. 20008 to include provisions for loans to participants.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
7.a. MOTION NO. 2005-112
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Shaws Development Joint Venture, owner and
developer, for Northwest Crossing Subdivision Units 1, 2, 3, and 4. The installation of a
Master Plan Lift Station with 12 foot diameter wet well and 10,000 linear feet of 12 -inch
Force Main, easement acquisition and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 5
7.b. ORDINANCE NO. 026205
Ordinance appropriating $1,270,000 from the Sanitary Sewer Trunk System Trust Fund No.
4220 to pay Shaws Development Joint Venture for the installation of a Master Lift Station
with 12 foot diameter wet well and 10,000 linear feet of 12 -inch Force Main, easement
acquisition and related appurtenances for the Northwest Crossing Service Area, located west
of Rand Morgan Road and south of Leopard Street.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
8. ORDINANCE NO. 026206
Ordinance abandoning and vacating a 797 -square foot portion of a 10 -foot wide utility
easement in Lot 3, Block 5, Country Estates Unit 11, located approximately 530 -feet east of
U S 77 and 2,000 -feet south of Hearn Road; requiring the owner, Coastal Builders of Texas,
to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
10. ORDINANCE NO. 026207
Authorizing the City Manager or his designee to execute a ten year Use Agreement with the
Tiger Olivarez Golf and Literacy Academy, Inc. (A chapter of The First Tee) for
nonexclusive use of designated parts of the Gabe Lozano Sr. Golf Center. (First Reading
3/8/05)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting
"Aye".
11. ORDINANCE NO. 026208
Amending Section 10-86, Code of Ordinances, City of Corpus Christi, and the Corpus
Christi, Texas, Dune Protection and Beach Access Regulations to adopt the City of Corpus
Christi Beach User Fee Plan; increasing the beach parking permit fees; providing for
penalties. (First Reading 3/29/05)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting
"Aye".
Mayor Garrett opened discussion on Item 4 regarding a grant for a compressed natural gas
Minutes - Regular Council Meeting
April 12, 2005 - Page 6
fueling facility at the Maintenance Center. Mr. Kinnison asked for information on the funding
sources for the $276,000 city match required for this state grant. Director of Gas Operations Debbie
Marroquin replied the funding would be derived from the commercial paper fund. Mr. Kinnison
asked for the proposed location for the project. Ms. Marroquin answered the project would be
located at Ayers and Civitan Streets, on city -owned property. Mr. Kinnison suggested staff consider
a site that was more accessible and visible for use by citizens. Ms. Marroquin replied staff had
chosen this site because it was city -owned property and was centrally located. City Manager Noe
also added it was assumed that a substantial amount of the usage would be by the city fleet.
Mr. Kinnison asked if staff had any estimates about the economic benefits of the project.
Assistant City Manager Ron Massey replied staff did not currently have any estimates, but were
encouraged by the Department of Energy to establish a natural gas fueling facility. City Manager
Noe added that in addition to clean air benefits, the project was also an opportunity to market natural
gas as a fuel source for vehicle fleets in the private and public sectors and for citizens with
alternative fuel -driven vehicles. Ms. Marroquin stated the cost of natural gas was $1.17 a gallon,
versus approximately $2.29 a gallon for gasoline. She also stated staff had conducted a small study
of the vehicle fleets in the city, and determined the Civitan and Ayers Streets location was ideal for
their use. City Secretary Chapa polled the Council for their votes as follows:
4. RESOLUTION NO. 026201
Resolution authorizing the City Manager or his designee to submit a grant application to the
Department of Energy/State Energy Programs (DOE/SEP) in the amount of $150,000 for a
compressed natural gas fueling facility at the Maintenance Center, with a city match of
$276,000 in the No. 4550 Gas Commercial Paper Fund for a total project cost of $426,000.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 6 regarding a reimbursement agreement with
Baybreeze Development L.P. for a sanitary sewer line. Mr. Kelly had a general question regarding
the long-term viability of the sanitary sewer trust fund. City Manager Noe replied Item 13 on today's
agenda would delve into this issue. City Secretary Chapa polled the Council for their votes as
follows:
6.a. MOTION NO. 2005-111
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Baybreeze Development, L.P., owner and developer of Monte Verde at Terra
Mar Unit 1 Subdivision located east of the future extension of Ennis Joslin Road south of
Holly Road and Los Arboles at Terra Mar Subdivision located west of the future extension
of Ennis Joslin Road south of Holly Road for the installation of 1,280 linear feet of a 15 -inch
PVC and 230 linear feet of a 12 -inch PVC offsite sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 7
6.b. ORDINANCE NO. 026204
Ordinance appropriating $242,337.25 from the Sanitary Sewer Collection Line Trust Fund
No. 4220-540450 to pay Baybreeze Development, L.P., for the installation of 1,280 linear
feet of a 15 -inch PVC and 230 linear feet of a 12 -inch PVC sanitary sewer collection lines
as specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop
Monte Verde at Terra Mar Unit 1 Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
Mayor Garrett opened discussion on Item 9 regarding a ten-year Pier Lease Agreement with
the Padre Island Yacht Club. Mr. Scott commented the Padre Island Yacht Club was seeking a
longer lease of 15 to 20 years to facilitate the amortizing of the debt. In addition, he understood there
were accessibility problems for this facility. With regard to the length of the lease, Director of Park
and Recreation Sally Gavlik replied staff had negotiated a ten-year lease with a ten-year renewal, and
the yacht club had agreed to this arrangement.
Regarding accessibility issues, Ms. Gavlik reported half of the yacht club facility was
accessible to persons with disabilities; the second story of the building was not accessible. She said
the renewal of the lease would allow the yacht club to obtain funding for accessibility improvements,
including the installation of an elevator to the second floor. Mr. Scott asked staff to communicate
the accessibility improvement plans to Ms. Crystal Lyons of the Committee for Persons with
Disabilities. City Secretary Chapa polled the Council for their votes as follows:
9. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a ten year Pier Lease Agreement
(with ten year renewal at City Manager's or designee's discretion) with Padre Island Yacht
Club for Pier and Clubhouse at Whitecap Wastewater Treatment Plant (superseding 1995
Pier Lease).
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the
public hearing on the following right-of-way closure:
12.a. Public hearing to consider abandoning and vacating 12 parcels of unimproved street right-of-
way out of Windsor Park Unit 4 Subdivision (Volume 15, Pages 18-19, of the Map Records
of Nueces County, Texas), all located on the north side of McArdle Road between Everhart
and Holmes Dr., in connection with the McArdle Road Street Improvement Project.
Minutes - Regular Council Meeting
April 12, 2005 - Page 8
Mayor Garrett asked for public comment. Mr. Ernest Martinez, 4829 Wexford Drive, and
Ms. Cherie Bushwar, 4909 Waltham Drive, asked for more information on the proposed right-of-way
closure. Director of Engineering Services Angel Escobar explained that Mr. Martinez's property was
located on the north side of McArdle Road. He said there were 12 parcels of right-of-way on the
north side that were surplus from the project. The city would close the right-of-way for these
properties and then deed the property back to the property owners. On the south side of McArdle
Road, Mr. Escobar said 16 houses had been purchased that were not needed for the street project.
He said these properties would be declared surplus property along with the 12 vacated properties on
the north side. All 28 parcels would then be conveyed to the adjacent landowners at no cost to them.
The city would also re -plat each of the 28 properties for the landowners. The re -plat map would
contain a new lot number and would show the newly added area along with the required side setback.
Mr. Scott made a motion to close the public hearing, seconded by Mr. Garcia, and passed.
Ms. Cooper complimented staff on the project's appearance. Mr. Escobar stated street lighting was
also planned and would be installed by AEP some time next week. City Secretary Chapa polled the
Council for their votes as follows:
12.b. ORDINANCE NO. 026209
Ordinance abandoning and vacating 12 parcels of unimproved street right-of-way out of
Windsor Park Unit 4 Subdivision, all located on the north side of McArdle Road between
Everhart and Holmes Dr., in connection with the McArdle Road Street Improvement Project.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
12.c. ORDINANCE NO. 026210
Ordinance declaring 28 parcels of land as surplus property which are located along the north
and south sides of McArdle Road, between Everhart and Holmes Drive, all considered
remainders from the McArdle Road Street Improvement Project (Bond 2000).
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 9
12.d. ORDINANCE NO. 026211
Ordinance authorizing the conveyance of 28 parcels of surplus property remaining from the
McArdle Street Improvement Project to each adjacent property owner in exchange for the
perpetual maintenance of the property, and authorizing the City Manager or his designee to
execute Special Warranty Deeds for the properties along the south side of McArdle Road and
quitclaim deeds for properties along the north side.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and
Scott, voting "Aye".
Mayor Garrett referred to Item 13, and a motion was made, seconded, and passed to open the
public hearing on the following item:
13.a. Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System Trust
Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420
in accordance with Section V.B.6(h) of the Platting Ordinance.
Mayor Garrett asked for public comment. There were no comments. Mr. Noyola made a
motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Kelly asked if this action would guarantee the long-term viability of the trust fund. City
Manager Noe replied today's proposed actions would fund the projects already underway using
unallocated CIP funds, with the understanding the $3.5 million would be repaid from proceeds into
the fund over time. It also established a six-month time period during which the city would not
accept any more applications for the trunk line trust fund only. During this time, staff would develop
a new plan that was more financially viable, since the allocations in the current plan had been
expended far too quickly. Mr. Scott commented this transfer would open up large amounts of
development because they could not access these dollars.
Mr. Garcia asked for more background on this item. Director of Development Services
Barbara Holly replied the original plan was developed by Mr. Gene Urban in 1982. She said the plan
allowed developers to prepay for utility extensions in construction of city capital improvements. The
trunk system fund had accrued a balance of $5,058,949 as of July 2003. She said the city has
received approximately $8 million in requests against the fund that the City Manager wanted to
ensure would be honored. Mr. Garcia stated he wanted to look at the project after the current
projects were completed to ensure a more equitable disbursement of funds. City Manager Noe
assured Mr. Garcia that staff would be reviewing the plan over the six months to address the equity.
Mr. Garcia expressed a wish to become involved with this issue. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
April 12, 2005 - Page 10
13.b. ORDINANCE NO. 026212
Ordinance appropriating and approving the transfer of $600,000 from the Sanitary Sewer
Trunk System Trust Fund No. 4220-2504-10 to the Sanitary Sewer Collection Line Trust
Fund No. 4220-250420 in accordance with Section V.B.6(h) of the Platting Ordinance to
establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the
Platting Ordinance.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and
Scott, voting "Aye".
13.c. RESOLUTION NO. 026213
Resolution adopting the Statement Expressing Official Intent to authorize interim funding
for pending applications to the Sanitary Sewer Trunk System Trust Fund.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
13.d. RESOLUTION NO. 026214
Resolution adopting the Statement Expressing Official Intent to reserve for commitment
funds for the applications to the Sanitary Sewer Trunk System Trust Fund received prior to
January 1, 2005.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
13.e. ORDINANCE NO. 026215
Ordinance appropriating a total not to exceed $3,500,000 from the Unreserved Fund balance
in the No. 3430 Wastewater Capital Improvement Program Fund; loaning and approving the
transfer of amounts as needed to the Sanitary Sewer Trunk System Trust Fund, to be repaid
to the No. 3430 Wastewater Capital Improvement Program Fund at an interest rate equal to
the AAA rated 5 -year municipal bond rate on the date of the loan, to fund the shortfall
resulting from pending applications to the Sanitary Sewer Trunk System Trust Fund;
amending the 2004-2005 Capital Improvement Program Budget adopted by Ordinance No.
026188 to increase appropriations into the No. 3430 Wastewater Capital Improvement
Program Fund by $3,500,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 11
13.f. RESOLUTION NO. 026216
Resolution authorizing the City Manager to suspend applications to the Sanitary Sewer Trunk
System Trust Fund until a new program is developed and approved by Council.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
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Mayor Garrett announced that pursuant to Texas Government Code, Section 551.071, the
Council would go into executive session on Items 14 regarding the pipeline ordinance; and on Item
15, which was listed on the agenda as follows:
15. 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.
The Council returned from executive session. City Secretary Chapa announced there was
a substitute ordinance for Item 14. He read the ordinance (see below), and Mr. Scott made a motion
to accept the substitute ordinance, seconded by Mr. Noyola, and passed. City Secretary Chapa polled
the Council for their votes as follows:
14. ORDINANCE NO. 026217
Amending Chapter 49 of the City of Corpus Christi Code of Ordinances by amending Article
VII and also amending Section 35-154, 49-60, and 49-61 of said Code, relating to the
requirement that all pipelines in the City rights-of-way and in city -owned property be
licensed or otherwise authorized by the City; establishing procedures for the application for
and granting of licenses; establishing the charges for the occupation of City rights-of-way by
authorized and unauthorized pipelines; providing for protection of City rights-of-way and
City -owned properties and interests; reserving the City's claims for prior occupation of public
property by pipelines; authorizing settlement and dismissal of a related lawsuit; providing
for related matters and other provisions related to the subject matter of this ordinance;
providing for an effective date; providing for penalties; providing for reservation of civil
remedies.
An emergency was declared, and the foregoing ordinance was passed and approved as
substituted with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison,
Marez, Noyola and Scott, voting "Aye".
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Mayor Garrett called for petitions from the audience. Mr. Wayne Hodge, 3626 Redwood,
with the Corpus Christi Police Officers Association, and Mr. Carlos Torres, 6014 Ayers, with the
Minutes - Regular Council Meeting
April 12, 2005 - Page 12
Corpus Christi Firefighters Association, welcomed the new Council and said they were looking
forward to working with them.
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Mayor Garrett called for the City Manager's report. Mr. Noe announced a new service being
offered through the Animal Care division to assist individuals seeking lost, found, or adoptable pets
online. This Thursday, he said the city would be installing the storm surge gate to prepare for
hurricane season. He said the downtown area would be very busy this week with the Buc Days
Rodeo and BBQ Challenge in the arena area, followed by the opening of Whataburger Field. He
thanked in advance all the police officers who would working this area to maintain order.
Mr. Noe reported last week, the city kicked -off the Neighborhood Improvement Program
(NIP) Area #10 effort in the north side of the city, with a meeting at Oveal Williams Senior Center.
Mr. Noe reported the following agenda items were scheduled for next week's Council
meeting: annual CDBG public hearing; and recommendations from the 4A Board on the
expenditures of affordable housing funds.
Mayor Garrett called for Council concerns and reports. Mr. Noyola thanked his campaign
manager and treasurer, Mr. Kim Royal and Mr. David Royal respectively. He reported a problem
with kids recklessly riding motorcycles on SPID, Saratoga, and Holly Roads. He asked City
Manager Noe to look into the matter.
Mr. Noyola stated he had received calls from taxi drivers and wrecker drivers complaining
about how the cost of fuel had affected their business. City Manager Noe reported next week, the
Council would consider a request for a rate increase for taxi cabs. Mr. Noe said it was a permanent
increase, but the rates could be decreased in the future if gas prices went down.
Mr. Noyola commented he had traveled past the Animal Control facility on Holly Road on
Saturday, and he noticed the facility was busy. He said it seemed like a good decision to open on
Saturdays. Finally, Mr. Noyola asked for an update on the status of the firefighters contract
negotiations.
Mr. Scott remarked that in the April 2005 issue of Windsurfing Magazine, an area off Laguna
Shores had been named one of the four best places in America to windsurf in the month of April.
He also thanked the City Manager and staff for their efforts, saying it was a pleasure to work with
them. Finally, Mr. Scott asked the Mayor to recognize the Flour Bluff NJROTC at an upcoming
Council meeting, preferably before the summer.
Ms. Cooper complimented everyone involved with the Whataburger Field project, saying it
was amazing.
Mr. Kinnison thanked the City Secretary's Office for their assistance and their excellent
service.
Minutes - Regular Council Meeting
April 12, 2005 - Page 13
Mr. Garcia said he was excited to serve on the Council, and he appreciated everyone's help
in the transition.
Mayor Garrett asked everyone for their patience during the transition period.
Mr. Marez thanked everyone for making the transition easier for him. He also asked about
the city's efforts to conserve gasoline in light of the increase in gas prices. City Manager Noe replied
city departments were actively managing and monitoring their budgets related to the cost of gasoline.
He said he was personally more concerned about budgeting enough money for next year's budget
rather than this year's budget. He said staff would keep the Council apprised of the situation through
the quarterly budget reports.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:25 p.m. on April 12, 2005.
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