HomeMy WebLinkAboutMinutes City Council - 08/30/2005I 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 August 30. 2005, which were approved by
the City ('ouncil on September 13. 2005.
WITNESSETH MY HAND AND SEAL. on this the 13th day of September, 2005.
Armando Chapa
City Secretary
SE 1L
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 30. 2005 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper (Arrived at 10:05 a.m.)
Council Members:
Brent Chesney
Jerry Garcia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
C ity Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Forrest Smith of Travis Baptist Church and the
Pledge of Allegiance to the United States flag was led by Council Member Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of August
.7'3, 2005. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett deviated from the agenda, and referred to Item 30, a presentation regarding
a proposal to form a Corpus Christi Area Youth Commission. Parks and Recreation Superintendent
Ronnie Sepulveda asked the members of the Flint Hills Resources Youth Council Task Force, who
were making today's presentation, to introduce themselves to the Council as follows: Erica
Longoria, Tuloso-Midway High School; Brian Silva, Tuloso-Midway High School; Jessica Gomez,
King High School; Adan Zamora, Miller High School; Allen Guzman, Moody High School; Elisha
Dickerson, Miller High School; Laura Rodriguez, Moody High School; Carley Perkins, Ray High
School: Kris Rodriguez, Moody High School; and Mike Orona, Moody High School. Ms. Longoria
and Mr. Silva served as spokespersons for the group.
Ms. Longoria stated the goal of the group was to request that the City of Corpus Christi create
and pass an ordinance forming the Corpus Christi Area Youth Commission. Mr. Silva explained the
history of the group. He said the Flint Hills Community Action Council hosted and organized a
Youth Summit in 2004. One of the goals of the summit was to form a Youth Council Task Force,
and a recruitment meeting was held in May 2005. He said the members of the San Antonio Youth
Commission and their city liaisons were supportive of the group's efforts.
Ms. Longoria stated the mission statement of the Youth Commission would be to tackle
issues that impact youth and the community; enhance the image of youth through collaborations; and
actively engage in the positive development of our society.
Minutes - Regular Council Meeting
\ugust 30. 2005 - Page 2
Mr. Silva provided a list of the purpose and goals of the commission as follows: provide a
voice for youth: improve the reputation of youth: collaborate with other youth for a regional
approach to problem -solving; bring a youth perspective to issues; serve the community and improve
the quality of life: and create skilled youth leaders.
Ms. Longoria discussed the proposed membership of the youth commission. The
commission would be composed of 21 youth members in Grades 9-12, with 11 at large members and
wo members appointed from each Council district. In addition, the commission would include adult
advisory and ex -officio members who were interested in and dedicated to the commission's goals.
Ms. Longoria stated the long-term goal of the Youth Commission was to create a regional
commission, including youth members representing San Patricio and Nueces Counties.
Mr. Silva discussed the community and financial support for the Youth Commission. He said
the Flint Hills Resources Community Action Council was committed to sustaining the youth
commission until May 2006. The youth task force hoped their group would become an active city
commission under the auspices of the Parks and Recreation department before the May 2006
deadline. In addition, he said the group was developing a funding plan to submit to the Council,
possibly including grants, community donations, and occasional city funding. Mr. Silva also stated
the Youth Commission would need a city staff liaison to assist with meeting agendas, provide
meeting supplies, and reserve a meeting place.
In conclusion, Ms. Longoria and Mr. Silva asked for the Council's affirmation of their request
t ur a city ordinance to create the Corpus Christi Area Youth Commission. They thanked the Council
and city staff for allowing them to make their presentation.
Mayor Garrett asked if the youth commissioners would have time to serve on this
commission. Ms. Longoria replied affirmatively, saying the task members were committed to the
project and would make time for it in their schedules.
Mr. Scott asked City Manager Noe what would be involved to expand the Youth
Commission to include other counties. Mr. Noe replied city staff would need to contact other
governmental entities, such as the Cities of Portland, Port Aransas, and Aransas Pass, to see if they
concurred with the youth commission concept. Mr. Scott spoke in support of creating a youth
commission with a regional approach. He said the Youth Commission presented a unique
opportunity for the city to connect with youth.
Mr. Noyola also spoke in support of the youth commission with a regional approach. He
thanked the youth task force for their presentation and for their community involvement. In response
to Mr. Novola's question, Mr. Silva stated the Youth Commission would begin its recruitment efforts
in September 2006: until that time, the current members of the Flint Hills Youth Task Force would
serve on the Youth Commission.
Mr. Marez also spoke in support of the youth commission. In response to Mr. Marez's
question, City Manager Noe replied beginning in 2006, the City Council would make appointments
to the youth commission, assisted by the recruitment efforts and recommendations of the Youth
Minutes - Regular Council Meeting
august 30, 2005 - Page 3
Commissioners.
Mr. Kelly stated he was glad to see area youth so involved in their community, noting that
manv of the students here today lived in District 1
Mayor Garrett recognized Nueces County Commissioners Peggy Bafiales and Betty Jean
1 "ongoria, who were in the audience.
Mayor Garrett asked Mr. Chapa if the Council was to vote on this item. Mr. Chapa replied
negatively. advising the Council that this was solely a presentation item, but they could vote to direct
staff to pursue this concept. A motion was made, seconded, and passed to direct staff to pursue the
creation of the Corpus Christi Area Youth Commission.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 24). City Secretary
Chapa announced that Mr. Scott would be abstaining from the vote and discussion on Item 18, and
Mr. Marez would be abstaining from the vote and discussion on Item 12. Mr. Bill Kopecky, 3609
1 opeka, requested that Item 24.a. be pulled for individual consideration. Mr. Abel Alonzo, 1701
Thames, requested that Item 16 be pulled for individual consideration. Council members requested
that Items 5, 9, 13, 14, 19, 20, and 24 be pulled for individual consideration. A motion was made
and passed to approve Items 2 through 24, constituting the consent agenda, except for Items 5, 9, 13,
14, 16, 19. 20, and 24, which were pulled for individual consideration. City Secretary Chapa polled
the Council for their votes as follows:
MOTION NO. 2005-283
Motion approving the lease purchase of one animal transport vehicle from Phillpott Motors,
of Port Neches, Texas for the total amount of $33,139.50. The award is based on the City's
cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). This vehicle is an addition to the fleet. Funding will be provided
through the City's lease purchase financing contractor.
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
.August 30, 2005 - Page 4
MOTION NO. 2005-284
Motion approving a supply agreement for portable chemical toilet service in accordance with
Bid Invitation No. BI -0130-05 with U. S. Disposal, Inc., of Corpus Christi, Texas based on
low bid for an estimated annual expenditure of $38,599. 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 using departments in FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye".
MOTION NO. 2005-285
Motion approving the purchase of two (2) ambulances from Wheeled Coach Industries, of
Winter Park, Florida for the total amount of $282,166. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative
(TLGPC). These ambulances will be used by the Fire Department. These units are
replacements to the fleet. Funding is available from the FY 2005-2006 Capital Outlay
Budget in the Fire Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-287
Motion approving the lease purchase of a Bomag asphalt reclaimer tractor from Conley Lott
Nichols, of San Antonio, Texas for the total amount of $297,786. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). This unit is purchased for the Street Services Division and is a
replacement to the fleet. Funding will be provided by the City's lease purchase financing
contractor.
he 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
August 30. 2005 - Page 5
MOTION NO. 2005-288
Motion approving the lease purchase of a skid steer tractor from John Deere Construction
& Forestry, of Moline, Illinois for the total amount of $38,161.60. The award is based on
the cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). This unit is purchased for the Street Services Division and is an
addition to the fleet. Funding will be provided by the City's lease purchase financing
contractor.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye".
S.a. MOTION NO. 2005-289
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$258,284 from the United States Department of Justice, Bureau of Justice Assistance for
funding eligible under the FY 2005 Edward Byrne Memorial Justice Assistance Grant, 50%
of the funds to be distributed to Nueces County under an established Interlocal Agreement
and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8. h. ORDINANCE NO. 026411
Ordinance appropriating $258,284 from the United States Department of Justice, Bureau of
Justice Assistance for funds available under the FY 2005 Edward Byrne Memorial Justice
Assistance Grant (JAG), in the No. 1061 Police Grant Fund, to purchase law enforcement
equipment and fund the enhancement of law enforcement for the Corpus Christi Police
Department and Nueces County, Texas, pursuant to an Interlocal Agreement.
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 0.a RESOLUTION NO. 026413
Resolution authorizing the City Manager or his designee to accept an additional grant in the
amount of $ 11,508 from the Texas Department of State Health Services to continue Title V
Family Planning Services through December 31, 2005.
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
august 30. 2005 - Page 6
10.11 ORDINANCE NO. 026414
Ordinance appropriating an additional grant of $11,508 from the Department of State Health
Services for the Title V grant in the No. 1066 Health Grant Fund to provide family planning
services through December 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.
! .a RESOLUTION NO. 026415
Resolution authorizing the City Manager or his designee to accept an additional grant in the
amount of $87,525 from the Texas Department of State Health Services to continue Title XX
Family Planning Services through December 31, 2005.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
h ORDINANCE NO. 026416
Ordinance appropriating an additional grant of $87,525 from the Department of State Health
Services for the Title XX grant in the No. 1066 Health Grant Fund to provide family
planning services through December 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".
'_.a MOTION NO. 2005-290
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Department of Family and Protective Services for funding in the amount of $213,000 from
the Community Youth Development Program for the 78415 ZIP Code for projects as
recommended by the Community Youth Development Steering Committee for Fiscal Year
2005-2006. Contract Period September 1, 2005 through February 28, 2006,
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez abstained.
Minutes - Regular Council Meeting
August 30.2005 - Page 7
i 2.b ORDINANCE NO. 026417
Ordinance appropriating $213.000 from the Texas Department of Family and Protective
Services in the No. 1060 Community Youth Development Fund to fund the Community
Youth Development Program in the 78415 ZIP Code for Fiscal Year 2005-2006, Contract
Period September 1, 2005 through February 28. 2006.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting
-`Ave"; Marez abstained.
I 2.c MOTION NO. 2005-291
Motion authorizing the City Manager or his designee to execute a subcontract with
Communities in Schools, Corpus Christi, Inc. in the amount of $107,000 to provide services
for youth ages 5 to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez abstained.
12 d MOTION NO. 2005-292
Motion authorizing the City Manager or his designee to execute a subcontract with the
Corpus Christi Housing Authority in the amount of $13,136 to provide services for youth
ages 6 to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Noyola, and Scott. voting "Aye"; Marez abstained.
1 2 e MOTION NO. 2005-293
Motion authorizing the City Manager or his designee to execute a subcontract with Corpus
Christi Teen Court in the amount of $9,431 to provide services for youth ages 11 to 17 in the
78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez abstained.
i 21 MOTION NO. 2005-294
Motion authorizing the City Manager or his designee to execute a subcontract with Planned
Parenthood of South Texas in the amount of $10,500 to provide services for youth ages 12
to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez abstained.
Minutes - Regular Council Meeting
lugust 30, 2005 - Page 8
MOTION NO. 2005-295
Motion authorizing the City Manager or his designee to execute a subcontract with the
YMCA of Corpus Christi in the amount of $24,289 to provide services for youth ages 14
to17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez abstained.
12.h. MOTION NO. 2005-296
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey in the amount of $4,344 to provide services for youth ages 12 to 17 in the 78415
ZIP Code.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez abstained.
MOTION NO. 2005-298
Motion authorizing the City Manager or his designee to execute an Architectural Services
Contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount not to exceed
$31,000 for the HEB Tennis Center Improvements project. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye".
17. MOTION NO. 2005-300
Motion authorizing a Settlement Agreement with Dan Orville Dennis, et al and tenant Boyd
Liska Farms for Parcel 4, containing a Utility and Temporary Construction Easement located
east of Clarkwood Road and south of McGloin Road and authorizing a settlement payment
in total amount of $30,387. of which $22,948.40 has been previously deposited with the
Nueces County Court Registry, all in connection with the Southside Water Transmission
Main. Phase 2, Project #8274. and for other municipal purposes.
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
August 30. 2005 - Page 9
18 a ORDINANCE NO. 026419
Ordinance declaring a City owned vacant lot described as Lot 1, Block 121, Beach Addition,
as surplus property which is located west of Sam Rankin Street and south of Hughes Street.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola,
voting `'Aye" Scott abstained.
18. b. ORDINANCE NO. 026420
Ordinance authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with the Port of Corpus Christi Authority for the sale of City surplus property
described as of Lot 1, Block 121, Beach Addition and to execute a Special Warranty Deed
for the conveyance of this lot, as permitted by the Texas Local Government Code
272.001(b)(5), in connection with the Port's Southside Military Rail Yard project.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, and Noyola,
voting "Aye": Scott abstained.
21.a. MOTION NO. 2005-302
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Brighton Park Baptist Church, owner and developer of Lot 1 of
Brighton Park Baptist Church. located east of Airline Road and south of Brooke Road for the
installation of 640 linear feet of a 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye".
21.b. ORDINANCE NO. 026433
Ordinance appropriating $47,146.28 from the Arterial Transmission and Grid Main Trust
Fund No. 209010-4030 to pay the Developer reimbursement request for the installation of
640 linear feet of a 12 -inch PVC water grid main to develop Lot 1 of Brighton Park Baptist
Church.
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
August 30. 2005 - Page 10
21 c MOTION NO. 2005-303
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by Brighton Park Baptist Church, owner and developer of Lot 1 of
Brighton Park Baptist Church, located east of Airline Road and south of Brooke Road for the
installation of 384 linear feet of a 8 -inch PVC water distribution main.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
21 d. ORDINANCE NO. 026424
2
Ordinance appropriating $10,635.41 from the Distribution Mains Trust Fund No. 209020-
4030 to pay the Developer reimbursement request for the installation of 384 linear feet of a
8 -inch PVC water distribution main to develop Lot 1 of Brighton Park Baptist Church.
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".
ORDINANCE NO. 026425
Ordinance authorizing the City Manager or his designee to execute a five year Conduit Use
Agreement with CenturyTel, Inc., to install, operate and maintain telecommunications
facilities within City conduit located in Ocean Drive right-of-way between Alameda Street
and Sand Dollar Boulevard in consideration of $7.594.08 annual payment.
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'
ORDINANCE NO. 026426
Ordinance amending Code of Ordinances, Chapter 14 Development Services, Section 14-
226(b)(4)c., to change the regular called meeting date.
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 16 regarding ADA accessibility ramps at multiple
locations on Staples Street. Mr. Abel Alonzo, 1 701 Thames, thanked the city for working with the
T exas Department of Transportation (TxDOT) to realize the construction of the ADA accessibility
ramps, made possible with Bond 2004 funding. He encouraged the Council to work with the
Regional Transportation Authority to address other accessibility issues in the community. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
August 30, 2005 - Page 11
16. MOTION NO. 2005-299
Motion authorizing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) in the amount of
$210,000 for the American's with Disabilities Act (ADA) Accessibility Ramps at multiple
locations on Staples Street from Six Points to Louisiana Parkway. (BOND ISSUE 2004)
The foregoing motion 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 24.a. regarding the removal of a permit exemption
tor the installation of water heaters. Mr. Bill Kopecky, 3609 Topeka, spoke against this ordinance
because it would require a home owner to purchase a $28 permit to install or replace a water heater
in their home. citing problems with enforcement and cost.
Mr. Noyola asked if this proposed permit was required by state law. Director of
Development Services Barbara Bailey Holly stated this action came about as the result of a visit by
state plumbing regulators who notified the city that the city's exemption was contrary to state law.
She said the $28 permit fee was the city's fee for any basic permit.
Mr. Noyola spoke against the proposed ordinance because it prohibited homeowners from
making their own home repairs. Ms. Holly stated that as long as the homeowners had homestead
permits, they could make their own repairs as long as they could demonstrate they were capable of
doing so Mr. Alonzo Garza with the Development Services department added a homeowner did
not have to hire a licensed contractor to make electrical repairs in their home if they can exhibit a
basic knowledge of electrical and plumbing mechanical systems. Mr. Garcia noted that if the
homeowner obtained the $28 basic permit, then they could perform electrical and other repairs to
their homes. Mr. Garza answered affirmatively, saying the $28 fee covered as many city inspections
as needed.
Mr. Garcia asked if the city's plumbers associations had been informed about the proposed
permit requirement. Mr. Garza replied the city's plumbing inspector had been working with
plumbers organizations, warehouses, and city boards for the past year to inform them about the
proposed permit requirement, as mandated by the state.
Mr. Noyola asked how the city would enforce this requirement. Mr. Garza replied the state
had enacted the permit requirement to ensure compliance with a new safety regulation requiring the
source of the ignition for water heaters to be elevated 18 inches from the floor. He said the State of
Texas was mandating that municipalities comply with the change through attrition, replacements,
or repairs. Mr. Garza said the majority of the code violations were discovered during a home
inspection when a home was for sale.
Mr. Scott asked when the ordinance went into effect. Staff stated the ordinance went into
effect upon publication in the Corpus Christi Caller -Times next Monday, September 5, 2005. Mr.
Scott questioned the need for this new safety regulation, saying there were many homes in the city
with water heaters directly on the floor that had not experienced any problems in 20 or more years.
Minutes - Regular Council Meeting
August 30. 2005 - Page 12
While he appreciated the commitment to public safety. he said the additional burden placed on the
homeowners was somewhat oppressive.
Mr. Kinnison asked if this change affected new home construction. Ms. Holly stated new
homes were already in compliance. and the permit fee was covered under the building permit. City
Secretary Chapa polled the Council for their votes as follows:
24.a. ORDINANCE NO. 026427
Ordinance amending the Code of Ordinances, Section 14-216 Minor Repairs and Alterations,
by removing the permit exemption for installation of water heaters.
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".
24.b. ORDINANCE NO. 026428
Ordinance amending the Code of Ordinances, Section 14-281 Plumbing Code, by amending
Section 708.3 to allow the adopted International Plumbing Code to determine manhole
requirements on sanitary sewer pipe 8 inches and larger.
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 an Interlocal Agreement for the Police
department's Intoxilyzer (breath alcohol) testing program. In response to Mr. Kelly's question, Police
Chief Pete Alvarez Jr. replied the Texas Department of Public Safety required one of their area
Technical Supervisors to oversee the breath alcohol testing program, ensuring the instruments were
inspected and serviced at least once a month. He said only one individual in the region was certified
to perform these duties. When the city opened its own detention facility in September 2004, it
became subject to this requirement.
Chief Alvarez briefly discussed the terms of the agreement, saying the city would pay $7,500
for the Technical Supervisor's services to San Patricio County where the individual was currently
under contract. Mr. Kelly stated his concern had been whether this service could be provided in-
house, but apparently this was not the case City Secretary Chapa polled the Council for their votes
as follows
Minutes - Regular Council Meeting
August 30. 2005 - Page 13
q
RESOLUTION NO. 026412
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County)
whereby City agrees to pay County $7,500 for the services of a technical supervisor to
operate the Corpus Christi Police Department's Intoxilyzer (breath alcohol) testing program
for the twelve (12) month period of January 1. 2005 through December 31, 2005.
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 13 regarding a Use Agreement for the operation
o t public helicopter tours. Mr. Marez spoke in support of the public helicopter tours, but questioned
whether downtown hotels and other businesses had been notified about the venture because they may
he affected by the noise. Mr. Gunning replied negatively, saying the proposed landing site near the
north side of the coliseum was not in proximity to any businesses. He said the small helicopter to
he used would not generate a large amount of noise. He said the city could allow the landing site
temporarily to allow the business owner to determine whether there was a demand for the service.
Mr. Marez asked about the flight path for the helicopter. Director of Aviation Dave Hamrick
replied the flight path was from the landing site to fly directly over the bay. He added that the
helicopter in question was not noisy at all, and the hours of operation were from 10:00 a.m. to 6:00
p.m. City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 026418
Ordinance authorizing the City Manager or his designee to execute a six month Use
Agreement (not to exceed 60 days of use per site) with Vehicle Restoration Services, LLC,
dba AirCzar, for use of Site 1. a concrete pad site in the north parking lot of Memorial
Coliseum. and other site(s) as determined by the City Manager or his designee, to operate
public helicopter tours; providing for termination of use of Site 1 no later that 12-31-2005;
providing for termination of use of Site 1 or the agreement on 3 days written notice (or
immediately on reasonable notice to protect public health, safety, or welfare) by City
Manager or his designee.
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 14 regarding a traffic management congestion
study. Mr. Garcia asked if the traffic management study would be expanded to other areas besides
those mentioned. City Engineer Angel Escobar stated the study will focus only on those areas
highlighted in today's item, but he recognized that more areas needed to be studied. Mr. Escobar said
the traffic management study would investigate the possibility of joint drive access along corridors,
among other issues. The end result would be an ordinance creating a model agreement that could
he used in the Everhart. Staples, and Alameda Street areas to eliminate excess driveways. Mr,
Minutes - Regular Council Meeting
August 30. 2005 - Page 14
Garcia asked if the ordinance would affect commercial driveways only. Mr. Escobar answered
affirmatively. Mr. Garcia asked when traffic congestion issues on Yorktown Boulevard, Flour Bluff
Drive, and other areas in District 1 could be addressed. Mr. Escobar answered staff was focusing
on traffic congestion problems in areas that were highly used and would be difficult to solve. Once
the congestion problems in these areas were addressed by ordinance, then staff would amend the
ordinance to add other problem areas.
Mr. Kelly noted that F.M. 624 was included in the proposed traffic congestion study, and
asked if the scope of the study would include additional relief routes out of the Wal-Mart shopping
center. Mr. Escobar answered affirmatively, saying the study would also plan for joint access needs
as new businesses develop on F.M. 624. Mr. Kelly reported that the hospital in his district had
approached him about developing an alternate route out of Wal-Mart to the west, and apparently this
type of approach would be within the study's scope. Mr. Escobar answered affirmatively. City
Secretary Chapa polled the Council for their votes as follows:
14. MOTION NO. 2005-297
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $236,901
for Traffic Congestion Management. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 19 regarding a reimbursement request for the
construction of a half street in a King's Crossing development. Mr. Garcia stated he did not have any
concerns regarding Item 19 after all. City Secretary Chapa polled the Council for their votes as
-follows:
19.
ORDINANCE NO. 026421
Ordinance appropriating $153384.44 from the Infrastructure Trust Fund No. 4730 to pay
King's Crossing Realty, Ltd. request for reimbursement in accordance with the Platting
Ordinance, to fund construction of half street required by the development of King's
Crossing Unit 13, Lot 1, Block 2, located south of Yorktown Boulevard east of South Staples
Street, said construction having previously been deferred for cash in lieu of construction
during platting.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 20 regarding a grid main construction and
reimbursement agreement submitted by King's Crossing Realty, Limited. Mr. Garcia asked if the
proposed water grid main could be expanded. Director of Development Services Barbara Bailey
replied affirmatively, saying the grid main would open up multiple acres to serve the adjoining
Minutes - Regular Council Meeting
August 30, 2005 - Page 15
properties. City Secretary Chapa polled the Council for their votes as follows:
20.a MOTION NO. 2005-301
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by King's Crossing Realty, Ltd., owner and developer of King's
Crossing Unit 19 Subdivision, located west of Cimarron Boulevard and south of Lens Drive
for the installation of 728 linear feet of a 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison. Noyola. and Scott, voting "Aye"; Cooper and Marez were absent.
20.h. ORDINANCE NO. 026422
Ordinance appropriating $34,551.31 from the Arterial Transmission and Grid Main Trust
Fund No. 209010-4030 to pay the Developer reimbursement request for the installation of
728 linear feet of a 12 -inch PVC water grid main to develop King's Crossing Unit 19
Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Cooper and Marez were absent.
Mayor Garrett opened discussion on Item 5 regarding a supply agreement for pre -coated
aggregate and cold mix -cold laid asphalt for the Street and Utility departments. Mr. Scott stated the
Council had previously discussed the possible upgrade of the materials used for street repairs, and
he asked if this item was indicative of an upgrade. Assistant City Manager Ron Massey replied
negatively, saying the problem was not related to the type of material; rather, it was the type of
technique used. He said the rock overlay left a rough riding surface on the street; subsequently,
people preferred the smoother asphalt overlay. The city simply could not afford to put an asphalt
overlay onto all streets. He said advantages to placing the rock on the road were that it provided a
wearing surface and allowed the road to he opened to traffic more quickly than with an asphalt
overlay. City Secretary Chapa polled the Council for their votes as follows:
MOTION NO. 2005-286
Motion approving a supply agreement with Vulcan Construction Materials, LP, of San
Antonio. Texas for approximately 12,930 tons of pre -coated aggregate and approximately
6,500 tons of cold mix -cold laid asphalt Type B in accordance with Bid Invitation No. BI -
0121 -05 based on only bid for an estimated annual expenditure of $608,411.20. The term
of the contract 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 Street and Utility Departments in FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia. Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
August 30. 2005 - Page 16
Mayor Garrett referred to Item 25. and a motion was made, seconded, and passed to open the
public hearing on the proposed ad valorem tax rate increase. City Manager Noe stated this was the
second public hearing on the proposed ad valorem tax increase. The proposed tax rate of $0.62579
was adopted as part of the budget and was slightly Tess than the effective M & 0 tax rate.
There were no comments from the public. Mayor Garrett announced that the Council would
vote on the proposed ad valorem tax rate at the September 13, 2005 meeting beginning at 10:00 a.m.
in the Council Chambers. Mr. Garcia made a motion to close the public hearing, seconded by Mr.
Scott_ and passed.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 26, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0705-01, Bayfront Medical Plaza: A change of zoning from a "B-2" Bayfront
Business District and a "B-5" Primary Business District to a "B-2" Bayfront Business District
and a "B-5" Primary Business District with a "PUD -2" Planned Unit Development -2. The
property is 1.9499 acres out of Lot 1. Block 3. of Central Wharf and Warehouse Company
Subdivision; land claimed by the Bay Front Protection Work; Lot 7, Tract B of the Harney
Tract; and Lots 1-11, Jones Shoreline Business Lots; located between South Shoreline
Boulevard and Water Street and north of Born Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of `B-
2" Bayfront Business District and "B-5" Primary Business District with a "PUD -2" Planned Unit
Development -2, subject to a site plan and four (4) conditions.
City Secretary Chapa also announced that Mr. Scott would be abstaining from the vote and
discussion on this item.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa polled the Council for their
votes as follows:
26. ORDINANCE NO. 026429
Amending the Zoning Ordinance, upon application by Bayfront Medical Plaza by changing
the zoning map in reference to 1.9499 acres out of Lot 1, Block 3 Central Wharf and
Warehouse Company Subdivision; land claimed by the Bay Front Protection Work; Lot 7,
Tract B of the Harney Tract; Lots 1-11, Jones Shoreline Business Lots; located between
South Shoreline Boulevard and Water Street and north of Born Street; from: "B-2" Bayfront
Business District and "B-5" Primary Business District to "B-2" Bayfront Business District
and `B-5" Primary Business District with a "PUD -2" Planned Unit Development -2 Overlay,
'Minutes Regular Council Meeting
\ugust 30, 2005 - Page 17
subject to a site plan and four (4) conditions; 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: Garrett, Chesney. Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye";
Cooper was absent; Scott abstained.
Mayor Garrett referred to Item 27, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0605-06, Ross K. Michelsen (Juanita R. Hernandez): A change of zoning from a
"R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District. The
property is .489 acres out of Lots 13 and 14. Section 54 of the Flour Bluff and Encinal Farm
and Garden Tracts. located at the intersection of Waldron Road and Crestline Street.
City Secretary Chapa stated the Planning Commission and staff were recommending denial
of "B-1" Neighborhood District and in lieu thereof, approval of an "AB" Professional Office
District on .332 acres on Lot 13, Section 54 only.
Assistant Director of Development Services Michael Gunning advised the Council that the
city had received notices from 22 percent of the surrounding property owners in opposition to the
ioning change. Thus. the 20 percent rule was invoked. requiring seven Council votes for passage.
Mr. Gunning reported staff was recommending approval of an "AB" Professional Office
District only for the portion of the property that fronted on Waldron Road. He showed a number of
photographs of the subject property and the surrounding area. He said the subject property had
trontage along Crestline Street. a rural paved street section, and along Waldron Road.
Mr. Gunning stated the five property owners within the notification area were opposed to the
ioning change because they considered the area to be residential only. Staff, however,
recommended the "AB" Professional Office District because of the access available on Waldron
Road, an arterial street, and because there was commercial zoning already in place across the street.
He said the Waldron Road frontage adjacent to the subject property would probably make it difficult
to continue developing this site as a single-family residence. The Planning Commission apportioned
0.332 acres in the front half of the subject property for "AB" Professional Office district zoning (the
initial zoning request was for a 0.489 acre site). He said there were no long-term plans for
development of the rear of the property.
Mayor Garrett asked for public comment. Mr. Jim Geffert, 530 Crestline Street, spoke
against the proposed zoning change because he was concerned about the affect a business would
have on Crestline Street. a small, undeveloped road. He asked who would be responsible for
ensuring the entrance and exit to the subject property would be on Waldron Road. Director of
Development Services Barbara Holly stated her department would monitor the developer's
compliance through the building permit process.
Mr, Geffert stated the residence currently on the subject property was being repaired, and he
Minutes - Regular Council Meeting
August 30. 2005 - Page 18
belies ed the home was going to be developed as a business and a residence. Ms. Holly replied the
original applicant, Ms. Juanita Hernandez, intended to live in the residence and open a business
there. but she has since dropped out of the negotiations. The property owner, Mr. Ross Michelsen,
decided to continue with the request.
Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed.
( ity Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 026430
Amending the Zoning Ordinance, upon application by Ross K. Michelsen, by changing the
zoning map in reference to .332 acres out of Lots 13, Section 54 of the Flour Bluff and
Encinal Farm and Garden Tracts. from "R -1B" One -family Dwelling District to "AB"
Professional Office 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: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting
-Ave"; Cooper was absent.
Mayor Garrett referred to Item 28, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0705-04, Mostaghasi Investment Trust: A change of zoning from an "A-1"
Apartment House District to an "A-2" Apartment House District. The property is 7.576 acres
out of Flour Bluff and Encinal Farm and Garden Tracts on the southern 300 foot portion of
Lots 9 and 10, Section 11, located along Cimarron Boulevard and east of New Bedford
Dri ve.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"A-2" Apartment House District. He clarified that the proposed ordinance reflected the applicant's
request.
Assistant Director of Development Services Michael Gunning explained the applicant had
requested an "A-2" Apartment House District to develop a higher density apartment complex than
was allowed under the "A-1" Apartment House District. The -A-1" zoning allowed for 21.78 units
per acres and three stories, while the "A-2" zoning allowed for 36.3 units per acre within four stories.
1 le said the applicant planned to increase the building height to four stories to for a future apartment
complex. Finally, he said the primary access to the subject property would be along Cimarron
Boulevard. With the replat of the property, Development Services would identify the access points
for the subject property, probably including an extension to New Bedford Drive.
Mr. Gunning stated there was considerable opposition from the neighborhood, both from
within and outside the 200 -foot notice area. From within the notification area, he said staff had
received 25 letters in opposition, constituting 18.75 percent. Thus, the level of opposition was close
to invoking the "20 percent rule". requiring seven Council votes for passage.
Minutes - Regular Council Meeting
lugust 30. 2005 - Page 19
In conclusion, Mr. Gunning stated staff and the Planning Commission recommended the
denial of the "A-2" Apartment House District because increasing the density would be inappropriate
and inconsistent with the existing neighborhood. He noted that if staff were to receive any additional
letters of opposition, then he would ask for a brief tabling of the case so he could recalculate the 20
percent rule.
Mayor Garrett asked for public comment. Mr. Michael Rains, 6318 Jessica, spoke in
opposition to the proposed zoning change. He made a brief presentation displaying a number of
photos to illustrate the current conditions in his neighborhood; in addition, he displayed photos of
an apartment complex on Lipes and Cimarron built by the same developer. He raised a number of
concerns such as potential drainage problems and traffic congestion in their neighborhood.
Referring to the apartment complex on Lipes and Cimarron, he noted that residences on Half
Penny Lane backed up against the multi -story apartment complex. The building height of this two-
story apartment complex was intrusive to the residences's backyards, and subsequently was
negatively affecting the property values of those homes. Other concerns regarding the complex were
related to broken fences, dumpsters and trash. Mr. Scott pointed out that the current "A-1" zoning
allowed for an apartment complex with up to three stories. Mr. Rains replied that the residents
would prefer not to have "A-1" zoning at all, but recognize that this was not realistic. He stated the
residents definitely did not was "A-2" zoning that would allow a four-story apartment complex. Mr.
Kelly added that the higher the density, the more acute the problems with trash and such would be.
Mr. Gunning stated he had just received two additional letters of opposition, so he would
proceed to recalculate the 20 percent rule while Mr. Rains made his presentation.
An unidentified woman also spoke in opposition to the "A-2" zoning change, and asked who
had control over how the apartments were built. Mr. Scott replied that the Development Services
department would monitor how the developer was building the apartments through the building
permit process. He also suggested she speak with the developer directly, noting that he was in the
audience.
Mr. Scott asked what the setback was for an "A-2" zoning district. Mr. Gunning replied there
were additional setbacks allowed in the "A-2" district, totaling ten feet plus five feet for each
additional story over one, not to exceed a total of 30 feet setback. He said this was slightly more
substantial than in the "A-1- district. Mayor Garrett asked what the setback was for an "A-1" zoning
district. Mr. Gunning replied the setback was ten feet plus five feet for each additional story; thus,
it would be five feet less than the "A-2" would allow. Mr. Kinnison remarked the only difference
hetween the two zoning districts was that the "A-2" zoning allowed for higher density.
Mr. Rains stated what the residents wanted was to include stipulations in the development
to address their concerns about traffic congestion and drainage. Mr. Garcia asked if the residents
were asking for a denial of the applicant's zoning request. Mr. Rains answered affirmatively.
Mr. Mike Mostaghasi, the developer's son and an engineer with Bass & Welch, addressed
the residents's concerns. He acknowledged that the drainage in the current system was a problem,
Minutes - Regular Council Meeting
August 30. 2005 - Page 20
hut said they included a 54 -inch RCP pipe in the plat to alleviate future drainage problems in the
area. He and his father agreed that they did not want a four-story development. He said they would
consider `'A -1A" zoning in the section backing up to the residences instead of "A-2" zoning.
Regarding the issues with dumpsters, Mr. Mostaghasi stated the regulations have changed since the
Lipes apartment complex was built. For every two buildings, he said one dumpster was required.
1 finally, he said their plan was to have a 55 -foot setback where the development backed up to the
residences. He also noted they had downzoned the property in the back of the development. Mr.
Scott stated a Planned Unit Development ("PUD") would address all of the residents's concerns in
writing so they wouldn't have to worry about enforcement issues.
Mr. Gunning summarized that the Council had four options as follows: deny the "A-2"
zoning: deny the "A-2" zoning and approve a lesser zoning, such as an "A -1A" zoning; approve the
-A-2" zoning district; or table the issue to allow the developer to develop a Planned Unit
Development "PUD -2". Mr. Garcia made a motion to close the public hearing, seconded by Mr.
Scott. and passed.
Mr. Kinnison asked if the 20 percent rule was in effect. Mr. Gunning replied affirmatively,
saying the opposition was 21.07 percent. Mr. Kinnison spoke in opposition to the applicant's zoning
request. saying the denial was needed to protect the neighborhood from traffic congestion. While
it was not possible to change the current "A-1" zoning, he said by denying the request and thus
decreasing the project density, the Council was nevertheless making the project less likely to be
economically feasible.
Mr. Chesney disagreed with Mr. Kinnison's comments about denying the applicant's zoning
request with the intent of killing the project. He said denying the "A-2" zoning was not going to kill
the project. He asked how many units the developer could build under "A -1A" zoning. Mr.
Gunning answered the developer could build up to 219 units under "A -IA" zoning and 272 units
under "A-2" zoning. Mr. Chesney asked Mr. Mostaghasi if 219 units would be feasible for his
development. Mr. Mostaghasi answered affirmatively.
Mr. Chesney stated even if the Council denied the "A-2" zoning request, the current "A-1"
zoning allowed for a two-story apartment complex, regardless of how the residents felt. Therefore,
he stated the developer and the residents should discuss the matter to see if they could work it out.
Mr. Chesney made a motion to table the case until September 13 to allow for this discussion,
seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes on the motion to
table as follows: Garrett, Chesney, Garcia, Marez, Noyola, and Scott, voting "Aye"; Kelly and
Kinnison, voting "No"; Cooper was absent. The motion to table passed.
28. TABLED UNTIL SEPTEMBER 13, 2005
Minutes - Regular Council Meeting
\ugust 30, 2005 - Page 21
Mr. Noyola spoke in favor of having the developer and the residents discuss their concerns
to work them out.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations and conduct a swearing-in
ceremony for new city board and commission members.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Mr. Dan Stiefel, 3701 Bentwood,
spoke regarding the taxicab ordinance, which stated that the maximum number of vehicles shall be
110 lower than five in order to receive a certificate to operate a taxicab. He noted that the city was
currently reviewing an application for a taxicab permit this Thursday for a gentleman with only one
car. He asked the Council to look into it because it did not seem fair.
Mayor Garrett asked City Manager Noe if the policy had changed. Mr. Noe replied that Mr.
Collins asked if it was a requirement that there be more than one taxicab to form a company. City
Attorney Fischer researched the issue and her legal opinion was that an individual was required to
pay for five vehicles or permits, but it was not actually required to have five vehicles. Therefore, he
said the policy had changed because the interpretation of the ordinance had changed.
Mr. Scott asked if the city could keep the old policy. Mr. Noe replied if the Council wished
to keep the old policy, then they could direct staff to place this item on the agenda to amend the
ordinance to reflect this change. Mr. Scott stated he did not feel the new policy was equitable. Mr.
Noe replied the rules that required multiple companies were back in the days when cell phones were
not available; thus, it wasn't possible to communicate with cabs without an expensive radio system.
Subsequently, a number of companies were created around the need to have sufficient infrastructure
to dispatch cars. Now, he said it was much simpler to run a taxicab company with inexpensive
technology and low administrative overhead.
Mr. Scott noted that since there was a pending application, the matter needed to be discussed
promptly. Mr. Noe replied staff would place the item on the agenda for discussion on September
3
5.
Mr. Noyola spoke in support of allowing the city to issue a taxicab permit to a company
comprised of one vehicle. He asked the City Manager to survey other municipalities to see how they
handled it.
Mr. Garcia asked that the Council incorporate a discussion on the taxicab fare increase. Mr.
Noe said staff would schedule a time to discuss this matter.
Ms. Sherry Dunlap, 5825 Hopkins Road, stated she had still not received animal control
statistics requested through an Open Records request dated October 5, 2004. Mr. Chesney and Mr.
Scott asked City Manager Noe to provide this information or explain why it was not available. Mr.
Noe asked for a copy of the Open Records request so he could look into the matter.
Minutes - Regular Council Meeting
August 30, 2005 - Page 22
M. Becki Jones, 1856 C.R. 32. spoke against "Hood Hounds" stickers and figurines that
were being distributed throughout the city in vending machines to children, saying they promoted
the image of "fighting dogs". She asked the Council to remove the vending machines from the city.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 35 regarding the issuance of Utility System
Revenue Bonds, Series 2005A. Director of Financial Services Cindy O'Brien stated staff
recommended the approval of the ordinance authorizing the issuance and sale of the bonds in an
amount not to exceed $75,000,000 and the motion appointing the financing team for these bonds.
There were no comments from the public. City Secretary Chapa polled the Council for their votes
as follows
35.a. ORDINANCE NO. 026434
Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System
Revenue Refunding Bonds. Series 2005A, in an aggregate principal amount not to exceed
$75,000,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Cooper was absent.
35.b. MOTION NO. 2005-310
Motion authorizing the appointment of M. E. Allison and Co., Inc. As Financial Advisor;
Morgan Stanley as Senior Manager with Southwest Securities, Inc., RBC Dain Rauscher, and
Ramirez & Co. as Co -Managers; and McCall Parkhurst, and Horton as Bond Counsel, for
City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005A.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez. Noyola, and Scott. voting "Aye'; Cooper was absent.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
36. Executive session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
The Council went into executive session. "'['he Council returned from executive session and
the following motion was passed with the following vote:
Minutes - Regular Council Meeting
\uiust 30. 2005 - Page 23
;6. MOTION NO. 2005-311
Motion authorizing the City Manager to employ the law firm of Denton, Navarro, Rocha, and
Bernal to provide legal representation for the fire collective bargaining negotiations, at an
hourly rate not exceeding $220.00, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Cooper and Kinnison were absent.
* * * * * * * * * * * *
*
Mayor Garrett referred to the presentations on the day's agenda. The first presentation was
Item 29 regarding a comprehensive study on the Fire and Emergency Medical Service delivery
system by TriData Corporation. City Manager Noe stated staff provided the Council with a copy of
the 300 -page document last Thursday. He said today's discussion was geared toward familiarizing
the Council with the main recommendations in the study. Several months from now, staff would
present their analysis of the report. including cost estimates. Finally, the Council would engage in
a deliberative process to review the recommendations and thoroughly discuss them.
Fire Chief J.J. Adame introduced Mr. Stephen Brezler, Director of the TriData Corporation,
who would be making the presentation. Mr. Brezler briefly discussed presented his credentials. He
then discussed the scope of their work in ten key areas as follows:
Detailed resource analysis (staffing, apparatus, and stations)
Response times parameters
EMS staffing and deployment
1. Inter -jurisdictional comparisons
Requirements for paramedics
6. Budget and revenue
Organizational structure and management practices
Health, safety, and work-related injuries
9. Fire prevention, investigation. and public education programs
10. Support services (dispatch. training, fleet management, health/wellness, and IT)
Regarding the organization and management of the Corpus Christi Fire Department (CCFD),
Mr_ Brezler briefly discussed the following key recommendations:
* Reorganize the CCFD into the primary areas of Operations, Administration, and Technical
Services.
• Hire a civilian administrative services Director.
• Hire a civilian to manage the support functions of fleet services, quartermaster, and SCBA.
• Improve channels of participation and communication from staff to line personnel
* Conduct leadership and team -building training for all officers
* Revive the labor relations committee (and other workgroups)
* Factor in the average number of people on military leave, injury, or disability and reduce sick
leave.
* Review the accuracy and relevancy of current performance measures.
Minutes - Regular Council Meeting
August 30. 2005 - Page 24
Hire a financial consultant to evaluate the viability of a new pension plan for uniformed
personnel.
Review selection criteria for adverse impact.
Mr_ Brezler discussed the kev recommendations regarding system performance goals as
tollows:
* Consider a maximum Unit Hour Utilization (UHU) of between 20 and 25 percent for EMS
units.
* Establish a 60 -second goal for call processing
* Adopt a 90th percentile turnout time goal of 60 seconds.
* Adopt total response time goals based on call type and priority.
Mr. Brezler provided data comparing the City of Corpus Christi with 18 other cities on a
number of criteria, based on the CCFD structure fire response complement vs. the National Fire
Protection Association (NEPA) guidelines. Regarding square miles served per station, Corpus
Christi averaged 9.4 miles while the cities averaged 7.2 miles. The average population served per
station was 17,451 in Corpus Christi, while the cities averaged 18,877. The staffing levels per 1,000
population was 1.41 in Corpus Christi and 1.3 in other cities. The on -duty staffing levels per 10,000
population was 3.33 in Corpus Christi and 3.0 in other cities. The number of calls per 1,000
population was 101 in Corpus Christi and 113 in other cities. Finally, the service costs per capita
was 5,121 in both Corpus Christi and the other cities surveyed.
Mr. Brezler briefly discussed a number of charts depicting their risk and demand analysis for
('CF 1) and EMS services. Major risks in the area were identified as the airport, high-rise structures,
tank farms and refineries; the Port of Corpus Christi and the marina; and the Naval Air Station.
He also discussed graphs enumerating current and projected demand for services by time of
day and by day of the week during January 2003 to September 2004. He said there was a peak in
demand between the hours of 10:00 a.m. and 10:00 p.m., and on Friday, Saturday, and Sunday. He
also showed charts providing an EMS demand projection between 2004-2005 and projected fires,
false alarms, and other non -EMS incidents from 2004-2005.
Mr. Brezler covered the key recommendations for station and apparatus deployment based
on four regions as follows: Northwest, North Central, Central, Southeast, and Island. He presented
the following key recommendations for the Northwest region: relocate Station 12 near the
intersection of McKinzie Road at Gettysburg Street; consider placing a two -person EMS unit
between Stations 2 and 12 during peak -demand periods until Station 12 is relocated; relocate Station
2 slightly east; and add a peak -demand medic unit at Station 12 between 10:00 a.m. and 10:00 p.m.
The key recommendations for the North Central region were as follows: eliminate one engine
at Station I (add a new station) to the southeast; relocate Station 5 to a site near the intersection of
Industrial Road and Port Avenue; in conjunction with Station 5's relocation, move Station 3 to a site
in the vicinity of Clifford and Staples Street; and add a medic unit at Station 3.
The key recommendations for the Central region were as follows: add a new station near the
intersection of Bevecrest Street and Ayers Street; and add a peak -demand medic unit to Station 6 as
Minutes - Regular Council Meeting
August 30, 2005 Page 25
soon as possible (no later than 2008) between the hours of 10:00 a.m. and 10:00 p.m.
The key recommendation for the Southeast region was to build a new station on Yorktown
Boulevard. suggesting a site near Staples Street to provide the best coverage based on the existing
road network Finally. the key recommendation for the Island region was to staff Engine 16 only
between the hours of 10:00 a.m. and 10:00 p.m. Mr. Brezler referred to a number of charts
enumerating the station and apparatus recommendation priorities.
Mr. Brezler covered the key recommendations for fire and rescue operations as follows:
• Reduce one layer of management between the fire chief and district chiefs
* Maintain three on -duty district chiefs; conduct at least one major drill annually on each shift
* Require retrofitting of high-rise buildings without sprinkler systems
* Improve coordination with the Refinery Terminal Fire Company (RTFC)
* Appoint a district chief to oversee planning and coordination
Improve regional planning and organization with other departments (e.g. Navy, RTFC,
volunteers, etc.).
Monitor and reduce non -fire related calls.
* Consider using LDRVs for EMS calls
• Eliminate one of the two engines at Station 1
• Place a quint to at Station 7 in lieu of an engine and ladder
* Add three LDRV
* Add two additional EMS supervisors
* Recalculate the staffing factor annually.
Mr. Brezler discussed the key recommendations for Emergency Medical Services (EMS) as
follows: add a medic unit in the center of the city; add additional EMS supervisors; standardize
monitors and defibrillators; procure and install a medically based determinant dispatch system as
soon as possible; and eliminate the requirement that all new personnel be trained as paramedics.
Mr. Brezler covered the key recommendations for fire prevention as follows: make fire
prevention a core service; develop a fire company inspection program; train fire captains to conduct
inspections, report inspection results. and train other personnel; reorganize fire prevention into three
functional group of fire code enforcement, public education. and fire investigation; and hire at least
on full-time public educator.
Mr. Brezler reviewed the key recommendations in the support services division, which
includes fleet management, 911 dispatch and communications, emergency management, training,
and health/wellness. as follows:
• Decrease the number of captains from five to three in training and add more
firefighter/paramedic instructors
• Add a clerical position to the training academy
* Use field-based instructors more
* Develop a joint partnership with Del Mar College to provide live -fire facilities and include
other fire departments and the U.S. Navy in the partnership
* Replace the six EMS units over six years old
* Replace the 20 year old ladder truck
Minutes - Regular Council Meeting
August 30, 2005 - Page 26
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Acquire a reserve ladder truck
Replace four of the oldest reserve engines
F stablish an annual CIP with funding level based on the desired replacement schedule
Hire a civilian to manage logistics and support functions, including fleet services
Mr. Brezler discussed the key recommendations regarding 911/ Dispatch as follows: replace
the current organizational structure of MetroCom and have it operate under the Department of
Information Technology; assign a full-time liaison between the CCFD and MetroCom; add a second
fire 'EMS dispatcher to each shift during peak demand periods; maintain the same person at fire/EMS
console for the entire shift; and involve the CCFD liaison person in training and evaluation of
dispatchers.
Mr. Brezler covered the key recommendations for information technology as follows: involve
the CCFD in defining the needs and selecting the new CAD system; implement through MIS a
satisfactory data communication solution for all fire stations to enter response information; identify
and train a "super user" on each platoon as the expert on fire incident data collection; and consider
civilianizing three uniformed positions in the CCFD communications unit.
Mr. Brezler discussed the key recommendations in emergency management as follows:
continue to maintain the Office of Emergency Management in the CCFD; revise the organizational
structure for EM and add personnel; establish a policy for department heads or their deputies to be
assigned permanent roles within the EOC; and have department heads and their deputies participate
more in training for EOC responsibilities.
Finally, Mr. Brezler covered the key recommendations in fitness and wellness as follows:
the city's standard health insurance plan does not cover annual physicals; Hazmat and rescue teams
members are required to submit to annual physicals or exit physicals, including blood work; cost for
these are about $279 per person, or $30,000 annually; and adding a full-time health care coordinator
could save the city money beginning in the second year of the program.
Mayor Garrett asked how the recommendation to place a medic unit between Stations 2 and
12 in the Northwest region would work. Mr. Brezler replied the Fire department was considering
the use of Automatic Vehicle Locators (AVL) to move vehicles where needed in real time. This
medic unit could be housed in a fire station or use AVL technology.
Mayor Garrett asked about the current replacement policy for ambulances. Fire Chief J.J.
Adame replied the policy was to replace one ambulance a year; however, the Council had approved
multiple ambulance purchases during the last two budget cycles.
In response to Mayor Garrett's question, City Manager Noe noted that a number of
recommendations in the report had already been accomplished, such as the joint partnerships with
the U.S. Navy and Del Mar College. He said staff would provide a report on these accomplishments
In approximately two months.
Mr. Chesney asked for more information on the report staff was going to provide in 60 days.
City Manager Noe replied the report would include staffs analysis of the recommendations. Staff
Minutes - Regular Council Meeting
August 30. 2005 - Page 27
would organize the recommendations in tiers, prioritize the goals, and develop a cost analysis. Mr.
(' hesney asked that Mr. Brezler be available during staffs presentation to answer questions. Mr. Noe
replied staff could arrange for Mr. Brezler to be present. He also advised the Council that they could
ask questions as they reviewed the report by e-mail.
Mr. Chesney asked Mr. Brezler if his firm's study was completely objective and unbiased.
Mr. Brezler replied affirmatively. saying the only editing staff was involved in was limited to
superficial changes such as grammar. nothing substantive. Mr. Chesney said the integrity of the
process was crucial to its success.
Mr. Noyola stated he had initially voted against commissioning the study because he felt it
could have been done in-house, but now he felt it was a good idea seeing how comprehensive it was.
He asked how much input the firefighters and EMS technicians had in the process. Mr. Brezler
stated he met with the union leaders and executive board once, but he noted this was essentially the
amount of time spent with all the stakeholders involved. Requests for more information were made
through e-mail. Mr. Noyola said he would like all the stakeholders, not just the management team,
to have input in staff's report in 60 days. Mr. Noe replied it would be a collaborative effort between
the Police, Fire and EMS departments; however, it would be difficult to negotiate a true
collaboration between labor and management on how to implement the recommendations in 60 days.
Mr. Marez also expressed concern about the number of meetings between TriData and the
field staff. Mr. Brezler replied he felt comfortable with the number of meetings held with the union,
saying the consultants had to balance budget and information deadlines with meetings with
stakeholders.
Mr. Kelly also asked about the recommendation to move Station 2 and Station 12 in the
Northwest region closer together. Mr. Brezler replied he would provide this information later.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 31 regarding the Seawall reconstruction project.
Mr. Scott noted that the project completion timeline ended in November 2006. City Engineer Angel
F scobar replied affirmatively, saying Contracts B -2B and C would be completed ahead of schedule,
and Contract D, which would be awarded today pending Council approval, was anticipated to be
completed ahead of schedule. He pointed that a portion of McGee Beach would always be open to
the public during the Contract D construction.
Mayor Garrett stated that since the section of Shoreline Boulevard by the coliseum was
blocked off during the seawall project, it would be a good time to complete any necessary
maintenance work on Shoreline. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
.august 30. 2005 - Page 28
1.d. ORDINANCE NO. 026431
Ordinance appropriating $2,548,779.88 from interest earnings and miscellaneous revenue
in the Seawall 2001 Capital Improvement Fund No. 3270 for the Seawall Reconstruction
Project Contract D - Coopers Alley to Holiday Inn (McGee Beach Reach); amending the FY
2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations
by $2,548,779.88.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
" 'Ve"; Cooper was absent.
1.h. MOTION NO. 2005-304
Motion authorizing the City Manager or his designee to execute a construction contract with
CCC Universal Constructors, LLC, Inc., of San Antonio, Texas in the amount of
$12,887.632.78 for the Base Bid and Additive Alternate No. 2 of the Seawall Reconstruction
Project Contract D - Coopers Alley to Holiday Inn (McGee Beach Reach).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
31 c. MOTION NO. 2005-305
Motion authorizing the City Manager or his designee to execute Amendment No. 18 to the
Engineering Services Contract with Shiner, Moseley and Associates, Inc., of Corpus Christi,
Texas in an amount not to exceed $198,000 for (Kinney Street Outfall Design, Permitting,
and Construction Phase Services) for the Seawall Reconstruction Project Contract D -
Coopers Alley to Iloliday Inn (McGee Beach Reach).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
1.d. MOTION NO. 2005-306
Motion authorizing the City Manager or his designee to execute an Engineering Materials
Inspection, Testing and Laboratory Contract with Fugro Consultants, L.P., of Corpus Christi,
Texas in the amount of $64,630 for the Seawall Reconstruction Project Contract D - Coopers
A Iley to Holiday Inn (McGee Beach Reach).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
August 30. 2005 - Page 29
e MOTION NO. 2005-307
Motion authorizing the City Manager or his designee to execute agreements with American
Electric Power (AEP) totaling $213,571.89 for the installation of temporary and permanent
Street Lighting Systems for the Seawall Reconstruction Project Contract D - Coopers Alley
to Holiday Inn (McGee Beach Reach).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting -Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 32 regarding the Cefe Valenzuela Landfill site
development project. Assistant Director of Engineering Kevin Stowers reported this contract with
Longhorn Excavation, Inc. for $14,875,294 initiated construction at the Cefe Valenzuela landfill.
He said they were one of the largest landfill contractors in the state, and had previously completed
work for the city at the J.C. Elliott landfill. In addition, staff was recommending the award of the
Materials Inspection and Testing contract, required by TCEQ, to Kleinfelder. He noted there would
he a forthcoming amendment for construction phase services with Shiner Moseley. Staff had
negotiated with them on their initial proposal, but had asked them to restructure their proposal to
contain costs.
Mayor Garrett asked if any local companies had bid on the job. Mr. Stowers replied
affirmatively, saying two local contractors had bid on the job, Haas Anderson and Bay Ltd. He said
this was a complex job since it was a brand-new landfill, and a Targe number of local subcontractors
would be hired by Longhorn Excavation to assist with the project. He said Haas Anderson was the
second -lowest bidder, coming in $760.000 higher than Longhorn Excavation.
Mayor Garrett asked if staff thought the project would be completed on time. City Manager
Noe replied affirmatively, but said staff had no time to waste on the project. City Engineer Escobar
added this was why staff had included an incentive clause offering the contractor $1,000 a day for
up to 90 days to finish early.
Mr. Noyola expressed concern about numerous change orders, and he also disliked seeing
the construction contract go to an out-of-town contractor. Mr. Stowers said the project was complex,
so staff would try to minimize the number of change orders, but could not completely eliminate
them. Mr Scott was also disappointed to see the project go to an out-of-town contractor. Assistant
City Manager Ron Massey replied state regulations required that this type of construction work be
awarded to the lowest qualified bidder who was responsive to the bid. City Secretary Chapa polled
the Council for their votes as follows:
Minutes - Regular Council Meeting
august 30, 2005 - Page 30
12.a. MOTION NO. 2005-308
Motion authorizing the City Manager or his designee to execute a construction contract with
Longhorn Excavation, Inc., of Richmond, Texas in the amount of $14,875,294 for the Cefe
F Valenzuela Landfill Site Development Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye"; Cooper was absent.
32.h. MOTION NO. 2005-309
Motion authorizing the City Manager or his designee to execute a Materials Inspection,
Testing and Laboratory Services Contract with Kleinfelder, of Corpus Christi, Texas in the
amount of $283,059.50 for the Cefe F. Valenzuela Landfill Site Development Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 33.a., the consideration of a reimbursement
application submitted by Hogan Development Company, L.P., as follows:
33.a. Consideration of the reimbursement application submitted by Hogan Development Company,
L.P., owner and developer of Barclay Grove Unit 9 Subdivision located east of South Staples
and north of Lipes Boulevard for the completed installation of an otherwise eligible 949
linear feet of an off-site 8 -inch PVC water distribution main extension, application not in
compliance with Platting Ordinance.
There were no comments from the public. City Secretary Chapa polled the Council for their
rotes on Item 33.b. as follows:
33.h. ORDINANCE NO. 026432
Ordinance appropriating $12,102.89 from the Water Distribution Main Trust Fund No.
209020-4030 to pay developer reimbursement request for the completed installation of 949
linear feet of an off-site 8 -inch PVC water distribution main extension to develop the Barclay
Grove Unit Subdivision contingent upon favorable review of the application.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 34.aregarding a reimbursement application
ubmitted by Hogan Development Company L.P. as follows:
Minutes - Regular Council Meeting
august 30. 2005 - Page 31
14.a. Consideration of the reimbursement application submitted by Hogan Development Company,
L.P., owner and developer of Barclay Grove Unit 9 Subdivision located east of South Staples
and north of Lipes Boulevard for the completed installation of an otherwise eligible 1,293
linear feet of an off-site 12 -inch PVC sanitary sewer collection line, application not in
compliance with Platting Ordinance.
There were no comments from the public. City Secretary Chapa polled the Council for their
otos as follows:
34.h. ORDINANCE NO. 026433
Ordinance appropriating $101,802 from the Sanitary Sewer Collection Line Trust Fund No.
4220-250420 to pay developer reimbursement request for the completed installation of 1,293
linear feet of an off-site 12 -inch PVC sanitary sewer collection line to develop the Barclay
Grove Unit 9 Subdivision contingent upon favorable review of the application.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney. Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Cooper was absent.
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported Assistant
Fire Chief Trevino had been deployed to assist with Hurricane Katrina relief efforts. He said the city
could receive other requests for assistance, and noted that local utility companies had already been
asked to assist. Staff would keep the Council informed about any additional requests for assistance.
City Manager Noe stated an electronic town hall meeting would be held tomorrow at 6:00
p.mregarding the September 10 election on the smoking ordinance.
City Manager Noe reported the health department's restaurant inspection reports were now
available on the city's website.
Finally, Mr. Noe announced that effective this weekend, Ms. Yvonne Haag would begin her
appointment as the permanent Director of Neighborhood Services. Ms. Haag thanked Mr. Noe and
the Mayor and Council for the opportunity, saying it was an honor to serve in this capacity.
Mayor Garrett called for Council concerns and reports. Mr. Kelly reported one of his
constituents had pointed out that if the smoking ordinance failed, then smoking in billiard halls and
bingo parlors would be prohibited, but would be allowed in restaurants. Mr. Noe answered
affirmatively, saving the current ordinance did not provide an exemption for bingo parlors and pool
hall'.
Mr. Marez noted there had been media coverage stating that some citizens felt the ballot
language for the Sept. 10 election was confusing. Mr. Marez thought the ballot wording was the
simplest language the city could have chosen, and asked that the public be informed of this fact at
Minutes - Regular Council Meeting
August 30, 2005 - Page 32
tomorrow's town hall meeting. City Manager Noe replied staff had compiled a Frequently Asked
Questions (FAQ) sheet in English and Spanish for distribution at the various polling places to inform
l otcrs
Mr Noyola reminded the Council that the next town hall meeting would be held on
September 12 at 6:00 p.m in Galvan Elementary.
Mr. Garcia thanked Assistant Chief Trevino for assisting with the Hurricane Katrina relief
effort. He also reported a citizen complaint about problems with a sunken line on the east side of
Holly Road at Rodd Field.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:10 p.m. on August 30, 2005.
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