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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 * 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. * * * * * * * * * * * * *