HomeMy WebLinkAboutMinutes City Council - 10/11/2005I 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 October 11, 2005, which were approved by
the City Council on October 18. 2005.
WITNESSETH MY HAND AND SEAL. on this the 18th day of October, 2005.
V
Armando Chapa
City Secretary
�I
\
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Jerry Garcia
Council Members:
Brent Chesney
Melody Cooper
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
October 11, 2005 — 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
rhe invocation was delivered by Reverend Napoleon Johnson of Faith Mission Outreach
and the Pledge of Allegiance to the United States flag was led by Council Member Cooper.
Mayor Garrett called for approval of the minutes of the regular Council meeting of
September 20. 2005. A motion was made, seconded, and passed to approve the minutes as
presented
* * * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Arts and Cultural Commission
Armando Camina (Reappointed)
Rebecca Esparza (Reappointed)
Anne Stewart (Reappointed)
Frank Trimble (Appointed)
Cable Communications Commission
Stephen West (Appointed)
Community Youth Development (784151Program Steering Committee
Katie Childs (Appointed)
Matthew Stroud (Appointed)
Corpus Christi Regional Transportation Authority
John Edward Valls (Appointed)
**
* * * * * * * * * * *
Mayor Garrett deviated from the agenda, and opened discussion on Item 45, a resolution
io submit a pass-through tolls application to the Texas Department of Transportation (TxDOT)
\linutes Regular Council Meeting
tctober 11. 2005 Page 2
tier the extension of Ennis Joslin Road. Special Assistant to the City Manager Tom Utter
explained fxDOI's new pass-through toll program allowed them to repay a city for expenditures
an State projects on a per -car basis
Mr. Utter stated the proposed project would extend the Ennis Joslin Road stub out on the
south side of SPID down to Holly Road. turning to the west on Holly Road, and running to Rodd
ield Road. In addition, the property owner in the area agreed to donate approximately 25 acres
.if land to Texas A&M University -Corpus Christi for their use.
Mr. Utter reported the total estimated project cost is $16.8 million. The city's share was
approximately $4.3 million, comprised of approximately $483,000 in donated right-of-way and
million in water and sewer improvements.
Mr. Utter described the application process. The application would be submitted to
1 xDOT in Austin. The Highway Commission had to authorize TxDOT staff to negotiate with
,arty staff Once the approval was received, the parties would negotiate. Subsequently, the
application would be resubmitted to the Highway Commission for approval. The city would
;ssue bonds to complete the project, but the bonds would be repaid with TxDOT reimbursements.
fhe TxDOT payment was anticipated to he the minimum amount needed to repay the debt.
Dr, Flavius Killebrew, President of Texas A&M University -Corpus Christi, and Mr.
henry Nuss, representing the property owners, spoke in support of the project. There were no
comments from the public.
Mr. Scott asked when the city could expect the Highway Commission to approve the
project Mr. Utter replied staff anticipated that the Commission would approve the project in
three to four months. Mr Scott remarked that it was interesting that TxDOT's new program
allowed for in -fill development. 1 -le said it was a great opportunity to stimulate growth inside the
. itv. which was less expensive because of lower infrastructure costs. Mr. Utter agreed, saying
the proposed site had utilities and roadways all around it. Mr. Scott asked Mr. Noe to provide a
project update in 90 days.
Mr. Kinnison asked for a project implementation timeline, if the project was approved.
Mr. Utter replied it would take approximately five years to complete construction on the project.
n response to Mr. Kinnison's question, City Engineer Angel Escobar replied the project was not
in the short-term CIP plan. but would be added to the upcoming year's CIP. Mr. Kinnison asked
how much acreage the project would free up for development. Mr. Utter replied approximately
500 acres would be freed up for development, comprised of 150 to 200 acres around Ennis Joslin
Road itself. with the rest to be developed as Ennis Joslin was extended south.
Mr. Garcia remarked that this project was not exactly an in -fill project. Mr. Utter replied
that there were two kinds of in -fill projects: housing and land. This project qualified as a land in -
ill project because the subject property had development and utilities surrounding it. Mr. Garcia
said this project would be a working experiment to determine the city's success in providing a
'skeleton'. for economic developnrent that could he tilled in by the private sector. He spoke in
support of the project. City Secretary Chapa polled the Council for their votes as follows:
45. RESOLUTION NO. 02651 1
vlinutes - Regular Council Meeting
)ctober 11. 2005 Page 3
Resolution authorizing the City Manager or his designee to prepare and submit a Pass -
Through Lolls Application to the Texas Department of Transportation for the extension
of Ennis.loslin (Spur 3) from the intersection of South Padre Island Drive (SH 358) to the
intersection of Rodd Field Road (SH 357) and Holly Road.
fhe foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola. and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3-39). City
Secretary Chapa announced that Council Member Noyola would be abstaining from the vote and
discussion on Items 30 and 31. and Council Member Garcia would be abstaining from the vote
and discussion on Item 32. Mr. Noyola added that he would also be abstaining on Item 29.
Mr. Bill Kopecky. 3609 Topeka, requested that Items 5, 12, and 23 be pulled for
.ndividual consideration. Council members requested that Items 7, 16, 21, and 22 be pulled for
Individual consideration. A motion was made, seconded, and passed to approve Items 3 through
"), constituting the consent agenda, except for Items 5, 7. 12, 16, 21, 22, and 23, which were
pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
��Ilows:
MOTION NO. 2005-335
Motion approving a software maintenance and licensing supply agreement with SHI-
Government Solutions, of Austin. Texas for Novell NetWare Operating System, Novell
GroupWise and Novell ZENWorks in accordance with the State of Texas Cooperative
Purchasing Program for an estimated annual expenditure of $76,247.43. 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
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye".
4 MOTION NO. 2005-336
Motion approving a supply agreement with SBC. of Austin, Texas for hardware and
operating system maintenance and support on the City's Cisco network equipment in
accordance with the State of Texas Cooperative Purchasing Program for a total amount of
$174,066.75. The term of the contract will he 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
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
)etoher 11, 2005 Page 4
MOTION NO. 2005-338
Motion approving a maintenance agreement with DataSeek Corporation, of San Antonio,
Texas for the HTE Storage Area Network (SAN). in accordance with the State of Texas
Cooperative Purchasing Program, for a total amount of $60,227.80. The term of the
contract will he for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the provider and the City Manager or his
designee.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper. Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
RESOLUTION NO. 026483
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement between the City of Corpus Christi. Texas (City) and Corpus Christi
Independent School District (CCISD) whereby CCISD agrees to reimburse City's Police
Department at an annual rate of $162,036 in exchange for said Police Department
presenting 5,814 hours of "D.A.R.E." and "KIDS and COPS" Curricula to CCISD
students on CCISD campuses during the time period of 08/23/05 through 06/30/06.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia. Kelly. Kinnison, ;Marez. Noyola, and Scott, voting "Aye".
RESOLUTION NO. 026484
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $200,000 for personnel, fringe
benefits. travel. supplies and other expenses relating to a plan for responding to an act of
terrorism
he foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026485
Ordinance appropriating a grant of $200,000 from the Department of State Health
Services in the No. 1066 Health Grants Fund for personnel, fringe benefits, travel,
supplies and other expenses relating to a plan for responding to an act of terrorism.
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, ‘ oting " Aye"
Minutes- Regular Council Meeting
tetober 1 1. 2005 - Page 5
J.a RESOLUTION NO. 026486
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $68335 to cover personnel costs to
provide essential public health services.
Ile foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Kinnison, Marez. Noyola. and Scott, voting "Aye".
0 h ORDINANCE NO. 026487
Ordinance appropriating a grant of $68,335 from the Texas Department of State Health
Services in the No. 1066 Health Grants fund to cover personnel costs to provide essential
public health services.
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. 026488
Ordinance appropriating an additional grant of $12,530 from the Texas Department of
State Health Services in the No. 1066 Health Grants Fund for supplies and equipment for
the Women, Infants, and Children Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott, voting "Aye"
MOTION NO. 2005-334
Motion to accept a grant from the Texas Health and Human Services Commission in the
amount of $206,451 from the Child and Adult Care Food Program (CACFP) to provide
after school supplements (snacks) to youth enrolled in after school enrichment programs
for 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".
Minutes Regular Council Meeting
tctober 11. 2005 Page 6
.b ORDINANCE NO. 026480
Ordinance appropriating a grant in the amount of $206,451 from the Texas Health and
Human Services Commission in the No. 1067 Park and Recreation Grants Fund to
provide after school snacks for youth enrolled in approved after school enrichment
programs for FY 2005-2006.
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, v oting "Aye".
RESOLUTION NO. 026481
Resolution authorizing the Cite Manager or his designee to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District to provide after
school snacks for youth in approved after school enrichment programs for FY 2005-2006.
I7re foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper. Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye".
14.a. RESOLUTION NO. 026491
Resolution authorizing the City Manager or his designee to accept a grant in the amount
of $16,160 and to execute a contract and all related documents with the Texas State
Library and Archives Commission for the Lone Star Libraries Grant to be used for the
preservation and cataloging of local history materials.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly, Kinnison. Marez, Noyola. and Scott, voting "Aye".
14.h ORDINANCE NO. 026492
Ordinance appropriating a grant of $16,160 from the Texas State Library and Archives
Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local
history materials.
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".
RESOLUTION NO. 026493
Resolution reappointing Treva Bedwell as Lay Representative to the South Texas Library
System for a term expiring August 31, 2007_
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Ciarcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye".
Minutes Regular Council Meeting
tctoher 11 2005 Page 7
'.MOTION NO. 2005-340
Motion authorizing the City Manager or his designee to execute a twelve-month
hardware maintenance agreement with the Texas Department of Information Resources,
of Austin, Texas based upon the State's Cooperative Purchasing Agreement in the
amount of $33.086.30. Included in the agreement is maintenance and replacement
support for the Police Department's servers and operating system and interoperability
software.
Fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye".
MOTION NO. 2005-341
Motion authorizing the City_ Manager or his designee to purchase renewal of Oracle
Database Enterprise Edition software update and product support from Oracle USA, Inc.,
of Reston, Virginia in the amount of $53.196 for the twelve-month period beginning
November 23. 2005. Oracle USA. Inc. is an approved Texas Department of Information
Resources vendor.
fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly. Kinnison. Marez. Noyola, and Scott, voting "Aye".
MOTION NO. 2005-342
Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with Finger Dye Spann, Inc.. of Houston, Texas in the amount of
$63,735 for the Golf Course Improvements Project. (BOND ISSUE 2004)
Hie foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye".
RESOLUTION NO. 026495
Resolution expressing official intent to reimburse $15,000,000 in costs with respect to the
construction of improvements to the City's Utility System.
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
/ctober 1 I. 2005 - Page 8
MOTION NO. 2005-346
Motion authorizing the City Manager or his designee to execute a Right -of -Way and
Utility Easement Instrument with Patricia Peterson Nuss and Christy Ann Peterson
Brown collectively dba Related Investors, Ltd., for the acquisition of Parcel 501A in the
total amount of $52,896.83 containing a Utility, Right -of -Way, and Temporary
Construction Easement. necessary for the Southside Water Transmission Main, Phase 5,
Project #8391, 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".
MOTION NO. 2005-347
Motion authorizing the City Manager or his designee to execute a Right -of -Way and
Utility Easement Instrument with Jonny Salomonsen and wife, Vicki Salomonsen, for the
acquisition of Parcel 528 in the total amount of $58,000. containing a Utility, Right -of -
Way, and Temporary Construction Easement, necessary for the Southside Water
Transmission Main. Phase 5. Project #8391, 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".
RESOLUTION NO, 026497
Resolution authorizing the City Manager or his designee to enter into a Local Project
Advance Funding Agreement (LPAFA) for Rand Morgan Road Improvements made by
and between the State of Texas, acting by and through the Texas Department of
Transportation and the City. of Corpus Christi.
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
)ctober 11, 2005 • Page 9
' a. MOTION NO. 2005-348
Motion approving the application from EM. Marketing to temporarily close the
following street sections for Powerboat Shoot -Out and related activities, October 14-16,
2005:
(1) East Shoreline Boulevard (northbound) including the parking lane from
Furman Avenue to Coopers Alley, maintaining an 18 -foot emergency lane on the
east side of this section beginning at 12:00 p.m.. noon on Tuesday, October 11,
2005 until Tuesday. October 18. 2005 at 6:00 p.m.
(2) Park Street between northbound Shoreline Boulevard and southbound
Shoreline Boulevard beginning at 12:00 p.m., noon on Tuesday, October 11, 2005
until Tuesday. October 18. 2005 at 6:00 p.m.
Fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia. Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye".
MOTION NO. 2005-349
Motion approving the application from F..M. Marketing to waive the requirement of
subsection (a) and (b) of Section 49-17 of the City Code of Ordinances that admission
shall be free.
Fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia. Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye".
MOTION NO. 2005-350
Motion authorizing a permit from the St. Nicholas Greek Orthodox Church to
temporarily close Broadway Court from South Chaparral to South Water Street for the
Greek Festival, beginning Thursday. October 13. 2005 at noon until Monday, October 17,
2005 at 8:00 a.m.. upon meeting the conditions and requirements for permit in Section
49-17 of the City Code of Ordinances.
Fhe 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
)ctober 11 2005 Page 1(1
ORDINANCE NO. 026498
Ordinance appropriating $40,000 in the Airport Passenger Facility Charge Fund 4621
from Unreserved Fund Balance: for Airport Landside Roadway System Reconstruction
Improvements amending FY2004-2005 Capital Budget adopted by Ordinance No.
026188 to increase appropriations by $40.000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, and Scott,
voting Ave'"; Noyola abstained.
ORDINANCE NO. 026499
Ordinance approving the transfer of $86,685 from the Airport Capital Reserve Fund
4611; to and appropriating in Airport Operating Fund 4610 $86,685 for Capital Outlay
Expenditures; amending FY2005-2006 Operating Budget adopted by Ordinance No.
026385 to increase appropriations and estimated revenues by $86,685 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Ave": Noyola abstained.
ORDINANCE NO. 026500
Ordinance authorizing assignment of airport concession agreement with the City of
Corpus Christi from Texas South Rentals, Inc. d/b/a Hertz Car Rental to Hertz
Corporation.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, and Scott,
voting Ave:""Noyola abstained.
MOTION NO. 2005-351
Motion authorizing the City Manager to execute a Half Street Deferment Agreement with
Diamond Head Development Co.. (Developer), in the amount of $13,056.81 for public
improvements including street pavement, curb, gutter, and sidewalks, for the future street
construction improvements to Homedale Street between the east and west limits of
Homedale Addition Unit 1. located south of Purdue Drive and east of Flour Bluff Drive,
in accordance with the Platting Ordinance.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye"; Garcia
abstained.
vIinutes Regular Council Meeting
)ctober 1 1. 2005 - Page 1 1
ORDINANCE NO. 026501
Ordinance abandoning and vacating a 6,638 -square foot portion of a 10 -foot wide utility
easement in Lots 1-26, Block 2, Holliday Harbor located 210 feet east of Laguna Shores
Road and north of an undeveloped portion of Yorktown Boulevard; requiring the owner,
Laguna Shores Resort and Marina. LP. to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote- Garrett. Chesney, Cooper. Garcia. Kelly, Kinnison, Marez, Noyola,
and Scott. voting "Aye"
ORDINANCE NO. 026502
Ordinance providing for the cession by the City of Corpus Christi to the City of Portland
of all annexation rights and police powers over and in certain tracts of land, by mutual
agreement. marked Exhibit "A'.
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".
RESOLUTION NO. 026503
Resolution of the City Council of Corpus Christi, Texas approving the use of bond
proceeds by Warm Springs Rehabilitation Foundation, Inc. as required by Section 1470)
of the Internal Revenue Code of 1986, as amended; and providing an effective date.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye".
,t. ORDINANCE NO. 026504
Ordinance authorizing the resale of three (3) properties for $9,750 which were foreclosed
upon for failure to pay ad valorem taxes, of which the City shall receive $837.03 plus
$1.845.25 for partial payment of City paving and demolition liens.
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"_
\Iinutes - Regular Council Meeting
)ctober 11, 2005 Page 12
ORDINANCE NO. 026505
Ordinance authorizing the City Manager or his designee to execute a five-year lease
agreement with Corpus Christi Senior Softball Association for a softball program at
Kiwanis Park Softball Complex.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott_ voting ".Aye"
8 FIRST READING ORDINANCE
Amending the Code of Ordinances. City of Corpus Christi, Texas, Chapter 2, regarding
Cable Communications Commission meeting dates.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper. Garcia. Kelly. Kinnison, Marez, Noyola, and Scott,
voting
'Ave'.
,y ORDINANCE NO. 026506
Amending the Corpus Christi City Code of Ordinances, Chapter 36 - Parks, Recreation,
etc., Article I - In General. Section 36-10 - Curfew, etc., by changing the curfew at Cole
Park to the hours between 10:00 p.m. and 6:00 a.m., but excluding the fishing pier;
providing for penalties under Section 1-6, ('ity Code of Ordinances. (First Reading
09'20/051
fhe foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett. Chesney. Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
!Mayor Garrett opened discussion on Item 5 regarding the lease of approximately 500
personal computers from Dell Financial Services. Mr. Bill Kopecky, 3609 Topeka, expressed
concern that the city did not appear to issue bids for this lease. He said it reflected a recent
tendency to refrain from engaging in competitive bidding by using a State program. He also
noted 150 of the 500 computers were laptops, and asked if that many city employees actually
used laptops in the field. Mr. Noe responded that laptops are used extensively in the city, and
would he used even more by building inspectors and others in the field once the WiFi project
was implemented. Regarding the competitive bidding issue. he said the State met the
.ompetitive bidding requirements through their program. which expedited the acquisition of
moods and services. Thus, the city received the value of the bidding process statewide,
culminating in a lower price than if the city had bid on their own City Secretary Chapa polled
the touncil for their votes as follows
Minutes Regular Council Meeting
)ctober 1 I. 2005 Page 13
MOTION NO. 2005-337
Motion approving a supply agreement with Dell Financial Services, of Round Rock,
Texas for lease of approximately 500 personal computers. in accordance with the State of
Texas Cooperative Purchasing Program for an estimated three-year expenditure of
$1.145.232. The term of the contract will he 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 and will be requested for all subsequent budget years.
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 12, regarding a grant from the Texas Forest
Service to fund a full-time Urban Forester position. Mr. Bill Kopecky, 3609 Topeka, questioned
the need for this position. He also pointed out there was an error in Section 3 of the proposed
resolution. stating that any unused funds should be returned to the Texas Department of Criminal
=ustiee Parks and Recreation Director Sally Gavlik replied the forester position would be
charged with creating an inventory of all publicly owned trees to develop a maintenance program
0o protect those resources. In addition. the forester would develop a program to plant more trees
in public areas.
Mr. Noe stated that Section 3 of the proposed resolution did contain an error. City
yttorney Fischer recommended amending Section 3 of the proposed resolution (Item 12.a.) to
state that any unused funds would be returned to the Texas Forest Service. Mr. Scott made a
motion to amend Item 12.a. as stated by City Attorney Fischer, seconded by Mr. Chesney, and
passed. City Secretary Chapa polled the Council for their votes as follows:
a. RESOLUTION NO. 026489
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Forest Service in the amount of $29,428 for a Professional Forester position, with a
$29,428 match from Fund No. 1020 General Fund.
Fhe foregoing resolution was passed and approved as amended with the following vote:
Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"A ye".
ORDINANCE NO. 026490
Ordinance appropriating a $29,428 grant from the Texas Forest Service in the No. 1067
Park and Recreation Grants Fund to fund a full-time Urban Forester position for the grant
period October 1, 2(05 to September 30, 2006.
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"
` iinutes - Regular Council Meeting
tetober 11. 2005 Page 14
Mayor Garrett opened discussion on Item 23 regarding a lease with Haas Anderson
onstruction, Ltdfor a portion of a 25.06 -acre tract of City property near Greenwood and Holly
Roads. Mr. Bill Kopecky, 3609 Topeka, asked how long the city had owned the property, and if
hev had any plans for it. He also asked for an inventory of city -owned land, suggesting the city
;:ould sell unused land to boost revenues. Mr. Noe replied the subject property was an
abandoned landfill site. which would be inappropriate for development. Mr. Noyola asked Mr.
\oe for a list of all city -owned property.
In response to Mr. Kinnison's question. Mr. Massey replied the City was not precluded
irom selling the property, but as a closed landfill, there were liabilities attached to any sale. Mr.
v'oe added that leasing the property was the most viable option to generate revenues. City
'secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 026496
Ordinance authorizing the City Manager or his designee to execute a five-year ground
lease with Haas Anderson Construction. Ltd. for 3.89 acres out of 25.06 -acre tract of City
property known as the Hata Pit Landfill located north of the intersection of Greenwood
Road and Holly Road, to be used by the tenant for parking of construction equipment and
vehicles and approving the cash rental fee of S300.00 per month.
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 7 regarding a grant application to the General
and Office to fund Phase II construction of the Corpus Christi Beach Promenade. Mr. Marez
spoke in support of this project. He thanked Parks and Recreation and Engineering staff for their
assistance in obtaining the grant. saying the City- was truly responding to the needs of the
,community with this project. Parks and Recreation Director Sally Gavlik added that 90 trees
would be planted along the promenade to reforest the area. City Secretary Chapa polled the
Louncil for their votes as follows:
RESOLUTION NO. 026482
Resolution authorizing the City Manager or his designee to submit a grant application to
the General Land Office (Coastal Management Program) in the amount of $100,000 for
construction of Phase 11 of the Corpus Christi Beach Promenade, with a City match of
$30,000 in the No. 3289 2005 Capital Improvement Program Fund, third party match of
$10,000 and a total project cost of $100,000
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly_ Kinnison, Marez. Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 16 regarding an extension to Dr. William
Burgin's contract to serve as the City's Health Authority. Mr. Kinnison asked if Dr. Burgin was
v1inutes Regular Council Meeting
>ctober 11. 2005 Page 15
serving as the Director of the City/County Health department. Mr. Noe answered negatively,
saving he served as the Health Authority for the city. Mr. Kinnison asked if the city was solely
responsible for funding this position. Mr. Noe answered negatively, saying Dr. Burgin has a
similar contract with the county to oversee their programs. City Secretary Chapa polled the
Council for their votes as follows:
6.a. MOTION NO. 2005-339
Motion authorizing the City Manager or his designee to execute an amendment to the
Professional Services Agreement with Dr. William Burgin, Jr., M.D., to allow for
payment of an additional $25.000 in compensation to extend the provision of services.
fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6.h ORDINANCE NO. 026494
Ordinance appropriating $25,000 in the No. 1020 General Fund to compensate Dr.
William Burgin, Jr.. M.D.. as provided under the terms of an amendment to the
Professional Services Agreement. in order to extend the provision of services under the
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"
Mayor Garrett opened discussion on Item 21 regarding the Minor Storm Drainage
Improvements Group B project for the following areas: River Canyon Area (Catfish/Rolling
Ridge); Glenoak/Flour Bluff Drive: and Tanglewood/Bonner. Mr. Kelly spoke in support of the
project, but asked why the Rapids Drive drainage improvements had been taken out of the bid
package. City Engineer Escobar replied staff conferred with Storm Water Superintendent
Valerie Gray to determine which projects were essential to improving the drainage in that area
while remaining within budget. It was subsequently decided to delay the Rapids Drive until a
later date. In response to Mr. Kelly's question. Mr. Escobar stated the City had two additional
drainage projects for bid, and the Rapids Drive project would be added to one of the projects to
obtain a cost estimate. Depending on the availability of funds, staff would recommend award.
Mr. Garcia asked what the city was doing to address the downflow of the flooding in
these areas. Mr. Escobar replied the city was enhancing the size of the culverts in the area or
adding them, as the case may be. Mr. Garcia asked staff to keep him informed on the upcoming
drainage projects that would be coming up for bid. He said his constituents had notified him
about other areas subject to flooding that he would like to see considered.
Mayor Garrett asked Mr. Chapa to poll the Council for their votes on both Items 21 and
noting that Mr. Marez had withdrawn his request to discuss Item 22. Mr. Chapa replied
affirmatively, but noted that staff was withdrawing Item 22.c. Assistant Director of Engineering
Kevin Stowers explained that staff had not received the contract from the University of Texas,
Minutes - Regular Council Meeting
)ctober 11. 2005 Page 16
and thus was requesting that Item 22.c. he withdrawn. City Secretary Chapa polled the Council
i,r their votes as follows:
MOTION NO. 2005-343
Motion authorizing the City Manager or his designee to execute a construction contract
with King Isles, Inc., of Corpus Christi, Texas in the amount of $653,397.50 for the
Minor Storm Drainage Improvements Group B:
* River Canyon Area (Catfish/Rolling Ridge)
* Glenoak/Flour Bluff Drive
* Tanglewood/Bonier
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye".
2.a MOTION NO. 2005-344
Motion authorizing the City Manager or his designee to execute a contract with the
Center for Coastal Studies. Texas A&M University - Corpus Christi not to exceed
$114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou
Diversion Project 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".
[2.h. MOTION NO. 2005-345
Motion authorizing the City Manager or his designee to execute a contract with the
Division of Nearshore Research, "Texas A&M University - Corpus Christi not to exceed
5112,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon
Bayou Diversion Project 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".
WI THDRAWN
Motion
University of
2006.
*************
Mayor Garrett referred to Item 40. and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Minutes Regular Council Meeting
tet,>her 11. 2005 Page 1 7
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 Drive. (Tabled 9/13/05)
City Secretary Chapa noted this case was tabled on September 13, 2005. He stated the
Planning Commission and staffs original recommendation was the denial of the "A-2"
apartment House District He said staff's revised recommendation was the denial of "A-2"
apartment House District to an '-A-1A" Apartment House District with a "PUD -2" Planning
❑it Development overlay including seven (7) conditions and an approved site plan. The
ordinance before the Council today reflected staffs revised recommendation.
Assistant Director of Development Services Michael Gunning reported at the initial
Planning Commission meeting. there was considerable opposition to the zoning change from the
residents. Staff and the Commission subsequently recommended the denial of the "A-2"
\partment House District. The item was brought to the Council on September 13, 2005, but the
ouncil tabled the item to allow the applicant to meet with the neighborhood. He said two
meetings were held between the residents, the developers. and city staff. The discussions
;evolved around the proposed site plan, the location of the apartment buildings, and the reduction
al number of units allowed under the "A-2" Apartment House district from 250 to 212 units.
Mr. Gunning explained staff recommended the "A1 -A" Apartment House District zoning
a ith a `PUD -2" Planned lJnit Development because it provided the neighborhood a number of
assurances that would otherwise not be approved under the existing "A-1" district. Under the
building plan, the applicant would work with staff during the building permit process to ensure
that the necessary infrastructure was in place before issuing the permit, including the storm
drainage. He said the applicant concurred with staffs recommendation. He commented that if
the PUD -2 expired. then the property would revert to it's initial zoning as an "A-1" district.
Mayor Garrett called for public comment. Mr. Roland Vasquez, 6201 Jessica, expressed
,concern that the proposed development would worsen the drainage problems in the area, and he
prole ided a number of photos illustrating past flooding in the neighborhood. He understood that
he developer had hired Maverick Engineering. who were recommending the elimination of the
existing 18 -feet deep ditch, and replacement with a 5x5 -foot culvert. The city had requested an
tdditional 36 -inch drain to Cimarron Boulevard that would be capped until the street was
unproved He felt this recommendation would worsen the situation on Jessica Drive.
Mr. Scott noted that the case before the Council today was to consider a zoning change.
The drainage problems in this area needed to be considered separately from the zoning change.
thus. these issues were not addressed in the PUD.
Mr. Chesney stated he thought all the residents' concerns were addressed in the PUD.
Mr Vasquez replied negatively. saying the drainage issues were not addressed. He would like to
gee an eighth condition added to the zoning change requiring the 36 -inch drain and the five-foot
culvert to he installed and connected to the street improvements planned on Cimarron Boulevard
\linutes • Regular Council Meeting
)c:tober 1 1, 2005 - Page 18
prior to construction. He noted the PUD stated the building construction was set to begin on
�oyember 5. Mr. Chesney asked staff if the developer would agree to this. Director of
!)evelopment Services Barbara Bailey Holly replied the developer needed to meet their drainage
requirements prior to getting a building permit. However, she said asking the developer to
umplete all the drainage requirements before allowing them to build vertically was not how
business was usually conducted She added that staff has not reached an agreement on proposed
ive foot boxes. Mr. Chesney stated that it was not the developers responsibility to improve the
drainage in the area. rather, they were required to show that their development would not worsen
!he current drainage. Mr. Vasquez asked that staff keep the residents informed on the
,.ievelopments surrounding this case
Mr. Kelly said he understood the neighborhood's frustration regarding the drainage
problems in their area. He asked Ms. Holly if a determination had been made regarding the
appropriate design for this development. Ms. Holly replied city engineers were looking at the
hydraulics of the five-foot culverts to determine the appropriate design. Staff has not agreed on
the design yet. Mr. Kelly asked if the drainage would be required to handle a 20 -year storm.
\1s. Holly stated the developer would have to provide enough capacity for a 100 -year storm
_: ern, but they usually design for a five or 25 -year event.
Mr. Kinnison asked what assurances the city could give the residents regarding their
drainage problem after the project was built. Ms. Holly replied the developer would be required
tt, meet the laws adopted in the city's drainage criteria. Mr. Kinnison asked if the city could
guarantee that the neighborhood's drainage would not be any worse than it is today. Ms. Holly
replied affirmatively. Mr. Kinnison asked how badly the neighborhood flooded. Mr. Vasquez
replied the neighborhood had been severely_ flooded three times since 1996 at the level shown in
Ills photos.
In response to Mr. Garcia's question, City Engineer Escobar replied the outfall in the area
needed improvement. He said city engineers were looking into the possibility of bringing the
water south and then east into the drainage system connected to the planned improvements to
t 'imarron Boulevard. He said the city engineers would evaluate whether a retention pond was
necessary. and if so. the developer would share the cost. Mr. Garcia asked if the retention pond
Lould worsen the situation at Brighton Village. He did not believe the proposed 36 -inch drain
and 5 -foot culvert would handle the outflow.
Ms. Stephanie Isaacs. 6210 Jessica, stated she was unclear if the neighborhood's
drainage, setback and traffic concerns were addressed in the PUD She said she had received the
plat late yesterday afternoon, and did not have sufficient time to review it. The Council asked
staff to provide the residents with information in a timely manner.
Mr. Mike Mostaghasi, the developer's son. said his father had agreed to all the conditions
un the PUD at their second meeting. Regarding the drainage issues, he said staff proposed
placing a 72 -inch pipe, a 60 -inch pipe. and a 54 -inch pipe in various areas to divert the water to
Channel 31. He said Mr. Vernon Wuensche, the city engineer, said this wouldn't worsen the
situation. Regarding the setback, he said the last two plats submitted showed a 30 -foot yard
setback in the back and a 15 -foot yard in the front. He also said his father had agreed to reorient
the buildings to keep them from intruding on the neighborhood.
"vlinutes - Regular Council Meeting
tctober 1 1. 2005 -- Page 19
Mr. Noyola asked staft to ensure that the drainage problem in the area was addressed
3mce the development was built,
Mr. Scott stated the PL 1) language does not explicitly address the setback concerns, but
.icknowledged that the site plan did. He expressed concern that the residents were not provided a
,'<ape of the PUD and the plat in a timely manner.
Mr. Chesney reiterated that this was not a drainage issue; it was a zoning case. He asked
the residents what they wished to see added to the PUD to address their concerns.
Mr, Bill Stark, 6238 Jessica, stated he would like to see a condition added to the PUD,
'setting a timeframe stating that the Cimarron Boulevard improvements needed to be made before
allowing the developer to build. He also stated he would like to see the PUD say that the number
ot units allowed was 212 units. not 250. Ms. Holly said this information was in the site plan, but
could he added if desired. Mr. Scott noted that the current zoning allowed the developer to start
huilding today
Mr. Gunning reminded the Council that the 20 percent rule was in effect, which would
require seven affirmative votes to pass the zoning change. A motion was made, seconded, and
passed to close the public hearing. City Secretary ('hapa polled the Council for their votes as
)1lows:
40 ORDINANCE NO. 026507
Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by
changing the zoning map in reference to 7.576 acres out of the Flour Bluff and Encinal
Farm and Garden Tracts on the southern 300 foot portion of Lots 9 and 10, Section 11,
from `A-1" Apartment House District to "A -1A" Apartment House District with "PUD -
2" Planned Unit Development Overlay, subject to a Site Plan and seven (7) 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, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott. voting "Aye"
Mayor Garrett called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett asked for petitions from the audience.
Mr. Domingo lbarra, 3122 Leopard. thanked Council Members Garcia and Marez and Assistant
it) Manager Oscar Martinez for assisting the Corpus Christi Police Officers Association
mediate their differences with the county regarding their detention facility.
Minutes Regular Council Meeting
tctober 11. 2005 Page 20
Ms. Diane Staley. 1630 Brownlee, and Ms. Vicki Garza with MHMR thanked the city for
operating shelters and assisting with the evacuation of people with special needs during
hurricane Rita. They also invited the Council to attend MHMR's November 10 fundraiser.
Ms. Linda Falwell -Stover. 729 Alden, and Vls. Crystal Lyons, 13901 Cabana North,
spoke in support of a resolution passed by the Committee for Persons with Disabilities requesting
that the city adopt an ordinance requiring local nursing homes and assisted living facilities to file
their hurricane evacuation plans annually with the city. City Manager Noe replied staff
contacted all nursing homes in January to ask about their plans. He said it was a statutory
requirement that these facilities have a plan. but they tended to contract with same entities for the
-.ery ice. but were no able to execute the plan. He said this was a statewide issue, and he felt the
State would address this as well,
Mr. Bill Kopecky, 3609 Topeka. asked the city to reduce the length of time Santa Fe and
yiameda Streets would be closed for the Lindale Drainage Improvements, Phase 3 project.
Ms. Sherry Dunlap. 5825 Hopkins Rd., thanked city staff and police for their efforts at
Memorial Coliseum during Hurricane Rita, and she suggested a number of uses for the Memorial
oliseum
rvls. Judy 1 elge. 316 Palmero, announced that the Accessible Communities, Inc. center
had been awarded a $100,000 supplement grant to assist the community in planning and
mobilizing the evacuations of special populations. She said the funding would provide staff
resources for the following three efforts: to continue providing housing assistance for Hurricane
Katrina and Rita evacuees; to identify people with disabilities placed in local nursing homes
from Louisiana: and to plan and hold a debriefing symposium with all stakeholders to identify
problems in the coastal bend communities. Mr Noe thanked Ms. Telge for her group's
assistance in providing housing during the evacuation
* * * * * * * * * * * * *
Mayor Garrett deviated from the agenda and referred to Item 47, a presentation on the
2005 '`Conquer the Coast' bicycle ride. Ms. Gretchen Arnold reported the event took place on
Saturday, October 1 and had 929 participants, 530 of who traveled to Corpus Christi from places
like Washington state. Pennsylvania. Kentucky, Canada and Mexico. She said that over 40 local
businesses were involved in holding the event through sponsorships or by providing goods and
services. The total estimated economic impact for the city was $1,300,000. She said the event
was a success due to the joint efforts of many city departments, such as Streets, Police, and
1 raffic Engineering to name a few. She also thanked Mr. Mike Bertuzzi and Mr. Wayne Bennett
for their assistance. Finally, Ms. Arnold announced that the next "Conquer the Coast" bicycle
race would take place on September 30, 2006.
Mr. Noyola thanked Ms. Arnold and the other organizers for their efforts. He asked them
to consider holding two races per year.
Mr. Scott also thanked Ms. Arnold for her efforts. He mentioned that he heard the
participants really enjoyed the ferry ride they took. Ms. Arnold agreed, and added that crossing
'Minutes - Regular Council Meeting
ictober 11. 2005 Page 21
the Harbor Bridge was also a big attraction. Mr. Scott stated he hoped the city could attract more
participants in the future.
*
*
*
Mayor Garrett announced the executive sessions, which were listed on the agenda as
tollows:
l�) Executive session under Texas Government Code Section 551.071 regarding Hector
Villarreal, Corpus ('hristi Association of City Employees and Stan Wilt v. City of Corpus
Christi and Loyd Neal. Cause No. 02-0868-E, 214th Judicial District Court, Nueces
County. Texas . with possible discussion and action related thereto in open session.
Executive session under Texas Government Code Section 551.071 regarding consultation
with attorney about legal matters related to the design and construction costs of
Whataburger Field. including possible discussion and action related thereto in open
session.
I'he Council went into executive session. The Council returned from executive session
and the following items were passed with the following vote:
50.a_ ORDINANCE NO. 026512
Appropriating $598,200.00 of settlement proceeds in the City Hall CIP Fund No. 3260;
transferring and appropriating the $598,200.00 into the Baseball Stadium CIP Fund No.
3276 for Baseball Stadium Change Order No. 7 (Final) with Fulton/Coastcon/Hunt, Joint
Venture: changing FY 2005-06 Capital Budget adopted by Ordinance No. 026188 to
increase appropriations by S1,196,400.00; and declaring an emergency.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett. Chesney, Cooper. Garcia, Kinnison, Marez, Noyola, and
Scott, voting "Aye".. Kelly abstained.
so.h MOTION NO. 2005-354
Motion authorizing the City Manager, or his designee, to execute Change Order No. 7
( Final) with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt
Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in
the amount of $598,200.00 for installation of additional improvements at Whataburger
Field and increasing the Guaranteed Maximum Price to $24,156,037.15 for construction
for the Professional Minor League Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, ( ooper. Garcia, Kinnison, Marei. Noyola, and Scott, voting "Aye"; Kelly
abstained
* * * * * * * * * *
*
* *
Minutes - Regular Council Meeting
October I I_ 2005 - Page 22
Mayor Garrett referred to Item 41. and a motion was made, seconded, and passed to open
he public hearing on the following zoning case:
Case No. 0805-01. Kris Hawkins. A change of zoning from an "A-1" Apartment House
District to an "A-2" Apartment ]louse District. The property is in Western Shores
Subdivision. Lot I CR. located along Thelma Drive approximately 240 feet east of
Whiteley Drive.
City Secretary Chapa stated the Planning Commission and staff recommended the denial
he A-2" Apartment House District.
Assistant Director of Development Services Michael Gunning reported the applicant was
requesting the zoning change to convert the existing single-family structure to a bed and
breakfast inn, functioning as a fisherman's lodge. He said the existing one-story single-family
structure had three bedrooms and consisted of 1400 square feet. The existing garage consisted of
18 square feet that had been converted into a gathering/recreation space for lodgers. He
understood from the residents that the lodge had been opened in January 2005 in violation of the
oning ordinance. but they have since come into compliance.
Mr. Gunning stated the Commission and staff recommended the denial of the "A-2"
ypartment. House District for a number of reasons. The neighborhood was primarily used for
single-family uses. The streets servicing the residential properties have no curb and gutter,
drainage, or sidewalks. In addition, he said there was limited parking for the site to
accommodate up to 12 lodgers in the inn. The residents were in opposition to the zoning change,
and noted that the 20 percent rule was in effect. He showed a number of photos of the subject
property.
Mayor Garrett asked for public comment. Ube following individuals spoke in opposition
u, the zoning change: Mr. Rudy Beuvelle. 217 Thelma; Mr. Steve Wilson, 221 Bellman; Mr.
Timmy P. Johnston. 15986 Punta Espada: and Mr. Wendell Lee, 206 Whiteley.
Ile following individuals spoke in support of the zoning change: Mr. Roger Barr and
Mr. lames Denglade.
Mr_ Jay Hall and Mr. Bubba Evans, spoke as representatives of the applicant, Mr. Kris
Hawkins, who was the owner of the Bluff's Landing Marina. He said he and Mr. Evans were the
operating partners of the marina. Mr. Hall stated he and Mr. Evans resided in Austin, but stayed
in the home when they were working at the marina. He said their plan was to provide lodging
for tishernmen visiting their marina. They would not allow boat trailers in the neighborhood
because there was no room for them; rather, the lodgers could park their boats at the marina. He
said the subject property was separated from the other properties and was surrounded by a field,
se it seemed like an appropriate site for a bed & breakfast inn. He said Mr. Hawkins did not
w sh to alienate the neighbors, and said they were open to suggestions.
Mr Scott stated he understood that a hotel was planned for the Bluff's Landing marina
development. Mr. Hall answered affirmatively. but said the hotel was two years from being
developed The bed and breakfast inn was intended to provide lodging for fishermen until the
Minutes - Regular Council Meeting
)etober 1 1. 2005 Page 23
hotel was realized. He said the applicant was willing to agree to a six-month trial period to see if
the idea would work. Mr. Scott answered that the Planning Commission had already tabled the
len) to allow the applicant to speak with the neighborhood. His sense was that it was time to
make a decision. Mr. Scott asked where they planned to park the vehicles. Mr. Hall stated they
planned to pave a portion of the property to provide more parking.
Mr. Garcia said he shared the concerns of the residents regarding the zoning change. He
said the Bluffs Landing development was a separate issue.
Mr. Scott stated the Council supported the Bluff's Landing Marina development. He did
not support the proposed zoning change. however.
A motion was made, seconded and passed to close the public hearing. Mr. Chapa
explained the ordinance before the Council reflected the applicant's request, so an affirmative
vote would approve the requested zoning change. He noted the 20 percent rule was in effect;
?hus_ seven affirmative votes were needed for approval. City Secretary Chapa polled the Council
!or their v otes as follows:
FAILED
zoning map in reference to Western Shores Subdivision, Lot 1CR from "A 1" Apartment
account for any deviations from the existing Comprehensive Plan.
The foregoing ordinance failed with the following vote: Garrett, Chesney, Cooper,
Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "No".
Mayor Garrett referred to Item 42. and a motion was made. seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0805-02, George Mostaghasi: A change of zoning from an "A-1" Apartment
House District and a "B-4" General Business District to a "R -1B" One -family Dwelling
District on Tract 1 and a "R-1 B" One -family Dwelling District and "A-1" Apartment
House District to a --B-1" Neighborhood Business District on Tract 2. The property is
18.80 acres out of Flour Bluff and Encinal Farm and Garden Tracts, portion of Lots 13,
14. and 15. Section 10 located on the north side of Yorktown Boulevard between Staples
Street and Beauvais Drive.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R -1B" One -family Dwelling District on Tract 1 (11.25 acres) and denial of "B-1"
Neighborhood Business District on Tract 2
Assistant Director of Development Services Michael Gunning replied Mr. George
Mostaghasi, the applicant, was requesting a change of zoning on two tracts of land. Tract 1 was
1.25 acres. and was currently zoned as an -A-1A" Apartment House District and "B-4" General
Business District. fhe applicant was requesting that Tract 1 be downzoned to an "R -1B" zoning
Minutes - Regular Council Meeting
tctober 11. 2005 - Page 24
district for single-family development. 1 -le noted that Tract 1 had no public road access. On
Iracr 2. the applicant has requested "B-1' Neighborhood Commercial zoning to build a strip
.:ommercial center. He said Tract 2 fronted on Yorktown Boulevard, a designated arterial.
Mr. Gunning said the Planning Commission and staff approved the applicant's request on
1 ract 1 but denied their request on Tract 2. Their main reasons for denying the request on Tract
were as follows: to preserve the traffic capacity of Yorktown Boulevard by reducing left turn
movements to commercial uses: to provide good land use compatibility with the proposed "R -
zoning to the north in Tract 1: and to maintain consistency with the City's adopted Future
and t'se Plan.
Mayor Garrett asked it -there was anyone who wished to speak in opposition to the zoning
,:hange. Mr. Hutch Bryan, 98 Townhouse Lane. said his client would accept "AB" zoning on
I rata 2 in lieu of "B-1" zoning. He felt this would protect the neighborhood by serving as a
''ufie r
Mr. Scott understood that staff had recommended "B -IA" Neighborhood Business
'onirtg on Tract 2 in lieu of the -B-1' zoning requested by the applicant, but the Planning
ommission opposed the -B-1A- zoning. He asked if the Planning Commission had discussed
•AB" zoning. Ms. Holly replied negatively, saying the discussion centered on whether there
should be business opportunities between the two roads. They felt stripping out that portion of
' orktown Blvd. was undesirable because it was in the middle of the block. Thus, staff amended
heir recommendation to keep the single-family uses and recommend against the business uses.
Mr_ Kinnison spoke in support of the Planning Commission and staff's recommendation
o keep the area residential. citing traffic concerns.
Mr. Chesney spoke in opposition to the Planning Commission and staff's
recommendation for Tract 2. He asked why staff was opposed to the "AB" zoning because it
was actually lower density than staffs initial recommendation of 'B -1A" zoning. Ms. Holly
replied at the Planning Commission meeting. the debate centered on whether should be any
commercial activity mid -block in area that was more suitable for single-family development.
She said "AB' zoning would once again introduce business uses to the area, which were
undesirable. Mr Chesney remarked that in his experience. he had never seen staff change their
j-ecommendation so completely as a result of the Planning Commission's arguments. He noted
hat there was 'B-4" zoning at the corner of South Staples and Yorktown, and the tract directly
adjacent to the subject property was a "B-1 A" zoning district Ms. Holly said leaving Tract 2 as
`R-1 B" would create a large area for subdivision development.
A motion was made, seconded. and passed to close the public hearing. City Secretary
("hapa polled the Council for their votes as follows:
42 ORDINANCE NO. 026508
'vlinutes- Regular Council Meeting
tctober 11. 2005 - Page 2>
Amending the Zoning Ordinance, upon application by George Mostaghasi, by changing
the zoning map in reference to 11.25 acres (tract 1) out of portions of Lots 14 and 15,
Section 10. Flour Bluff and Encinal Farm and Garden Tracts, from "B-4" General
Business and "A-1" Apartment blouse District 10 "R -1B" One -family Dwelling District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan
An emergency was declared. and the foregoing ordinance was passed and approved with
the following vote: Garrett. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney voting "No": Cooper was absent.
Mr Chesney clarified that he voted against the zoning change because he was opposed to
;[all's recommendation ori "Tract 2. saying he felt the applicant should have been given more
%oning.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 43 regarding a retail power contract with the
South Texas Aggregation Project (STAP). Assistant City Manager Oscar Martinez said this item
would authorize staff and STAP to negotiate an electrical supply agreement for 2006 and
possibly 2007. Since its inception. STAP members have saved an average of 31 percent off of
the historical Price to Beat ("PTB'). Members saved an average of 29 percent ($8.2 million) in
2002. 34 percent (S13.7 million) in 2003, and 30 percent ($12.5 million) in 2004 off of the PTB
rate Ile said retail power contracts have become more influential as the costs of natural gas
increase, causing electrical costs to increase at the same. Thus, he said it was important to
continue working through Si AP to negotiate reasonably stable costs of electricity. City
tiecretary Chapa polled the Council for their votes as follows:
RESOLUTION NO. 026509
Resolution of the City of Corpus Christi. Texas, authorizing the South Texas Aggregation
Project, Inc. to negotiate an Electric Supply Agreement for deliveries of electricity
effective January 1, 2006; authorizing the Mayor or other designated City Official to sign
a contract with STAP for the City of Corpus Christi's 2006 and, if practical 2007,
electrical needs; and committing to budget for energy purchases in 2006 and, if practical,
2007 and to honor the City of Corpus Christi's commitments to purchase power for its
electrical needs in 2006 and. if practical, 2007 through STAP.
The foregoing resolution 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 opened discussion on Item 44 regarding Phase 1 of the Airport Industrial
Park Director of Aviation Dave Ilamrick stated the design of the basic infrastructure (storm
ater, sewer, streets and sidewalks, etc.) had been completed for the Airport Industrial Park and
Minutes - Regular Council Meeting
tctober II. 2005 Page 26
the project has been bid. He said Council approval was needed to award the construction
contract to complete the project.
Mr. Scott asked when the Airport Industrial Park was going to have tenants. Mr.
Ilan -trick replied he met yesterday with a Fortune 500 company that had expressed interest in the
park He said they were working on an agreement for a 30 -acre parcel.
City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and
discussion on this item_ He polled the Council for their votes as follows:
44.a ORDINANCE NO. 026510
Ordinance appropriating $525,000 in the Airport Operating Fund 4610; transferring and
appropriating $525.000 into the Airport Capital Improvement Program Fund - Capital
Reserve Fund 3020A for Infrastructure Improvements for the Corpus Christi Industrial
Park, Phase I: amending FY 2005-2006 Operating Budget adopted by Ordinance No.
026385 to increase appropriations by $525,000; amending the FY 2005 Capital Budget
adopted by Ordinance No. 026188 to increase appropriations by $525,000.
An emergency was declared. and the foregoing ordinance was passed and approved with
the following vote: Garrett. Chesney, Garcia. Kelly, Kinnison, Marez, and Scott, voting
Ave:""Noyola abstained: Cooper was absent.
44 h MOTION NO. 2005-352
Motion authorizing the City Manager or his designee to execute a construction contract
with King Isles, Inc. of Corpus Christi. Texas in the amount of $1,423,851.05 for the
Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and Utilities)
for the Base Bid and Additive Alternate No. 1
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly. Kinnison. Marez. and Scott, voting "Aye"; Noyola abstained;
Cooper was absent,
44.c. MOTION NO. 2005-353
Motion authorizing the City Manager or his designee to execute a lighting agreement
with American Electric Power (AEP) of Corpus Christi, Texas in the amount of
$211,142.56 for the Corpus Christi International Airport Industrial Park, Phase 1 for
installation of lighting and re-routing above ground power lines below ground.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly_ Kinnison. Marez, and Scott, voting "Aye"; Noyola abstained;
Cooper was absent
Mayor Garrett opened discussion on Item 46, the first reading of the ordinance
prohibiting vehicular access on the beach in front of the Padre Island seawall. Special Assistant
Minutes - Regular Council Meeting
tctober 11 2005 Page 27
the City Manager lom titter explained this ordinance would amend Chapter 10 of the Code of
)rdinances to allow the 200 linear feet of beach in front of the seawall to become a pedestrian-
,>nly beach. "Fhe City was constructing a parking lot that will accommodate 310 cars, which was
i statutory requirement before the City could close the beach to vehicles.
Mr. Utter provided a brief history on the North Padre Island seawall. During 1992 to
1994, he said City staff, the City Council. and various City boards and commissions met with all
of the interested groups to address the beach erosion in front of the seawall. At that time, the
wished to prohibit vehicular access to that portion of the beach. Unfortunately, he said the
parking lot options proposed at the time were not viable. The consensus was to provide parking
m top of the seawall, and the City Council approved a provision to that effect in the Dune and
Reach rules in February 1995. Various State agencies offered assistance in finding funding for
he parking lot: however, none was forthcoming.
In May 1995. Mr. Utter said the Texas Legislature passed SB1688 to take care of the
parking and access issues of the beach and to protect the private property interests behind the
;eawall. Fhe hill provided that the line of vegetation would be designated along the seaward side
:1f the seawall provided that: 1) a perpetual easement for public pedestrian use was granted over,
dong, and across the entire length of the seawall (4200 feet); 2) roadway easements would be
4ranted to the city on both the north and south ends of the seawall; and 3) a public entity be
liven a tract of land on the seawall that had 300 linear feet in the center one-third of the seawall
with sufficient parking to accommodate one parking space for every 15 linear feet of the beach.
1182847 amended the bill in April 1997 to allow for property within the center third of the
<eawall or within 300 feet thereof. Thus, these three actions satisfied the conditions of the
;tatutes.
In April 2004. Mr. Utter stated the City Council adopted the Mustang -Padre Area
1)evelopment Plan, which included a policy statement saying the highest priority for provision of
beach parking was on existing City land located adjacent to the seawall for a 300 -space parking
lot. To create a safe day -use beach area in front of the seawall, traffic would be prohibited once
a public parking area was constructed
Mr. Utter pointed out that the City had a little over 7.900 linear feet of beach from
Kleberg County to Port Aransas. He said today's action would eliminate beach traffic on
approximately 4,200 linear feet, or five percent of the land within the City.
Finally. Mr. Utter said with the completion of the Packery Channel project, the City
would see a tremendous influx of visitors going to the Channel. He said a pedestrian -friendly
beach in this area would complement the Channel. He said some opponents to the beach closure
stated that this action would set a precedent for more beach closures. Mr. Utter refuted this,
;aging there were no other requests for closure because it would take a tremendous amount of
money to purchase off -beach parking. He said the City did not have any plans to close any more
portions of the beach.
Mayor Garrett asked for public comment. Mr. Jim Needham, 14202 San Felipe, spoke in
opposition to the closure of the beach to vehicular traffic. He said he was the Public Relations
Officer to the Surfrider Foundation. He said his organization, the Sierra Club. the Waverider
Minutes — Regular Council Meeting
tctober 11 2005 Page 28
!=oundation, and the League of Women Voters. which had been in favor of the proposal in the
1990s, were now opposed to this proposal. Previously, he said the beach had been too narrow to
safely allow for vehicular traffic. so they were in favor of closing the beach as a safety
precaution. Now. the beach was wide enough to accommodate vehicular traffic; hence, they had
:hanged their position. He said he did not want to set a precedent for the creation of a de facto
private beach similar to those in Galveston and South Padre Island. He presented a proposal to
provide short parallel bollards to create one -lane. one -direction traffic like in Port Aransas, with
raftic flow from north to south
Mr. Chesney took offense to Mr. Needham's statement that the City was creating a de
!acto private beach along the seawall. The beach would not be closed to the public; rather, it
would be closed to vehicles. He said the City's intent was to build a parking lot right by the
seawall to continue to provide public access, complying with the Open Beaches Act. He said
eased on the information the Council had at present. he felt closing the beach to vehicular access
,.vas the right thing to do.
Mr. Needham expressed concern that the beach would not be accessible to persons with
disabilities. Mr. Utter replied the City was conducting engineering studies to provide handicap
accessibility down the seawall, at both ends, and directly to the jetties at Packery Channel.
Ms. Cooper spoke in favor of closing the beach to vehicular access. She was felt it was
beneficial for the public to have a stretch of beach where vehicular traffic was not a concern.
She said there were plenty of beaches remaining that were open to vehicular traffic.
Former Senator Carlos Truan, 6902 Sir Geraint, spoke against the proposed beach closure
'u vehicular traffic. He said he sponsored the 1995 legislation. and at that time, there was a
consensus in the area to take action to save the beach from erosion. He said there were concerns
about making exceptions to the legislation because they could weaken the Open Beaches Act. In
his opinion. this ordinance was not ready to be passed because there was no consensus on the
'ssuc. He asked the Council to delay the vote until a consensus could be reached. He asked the
ouncil not to use fear of vehicular traffic to deny people access to beaches. He submitted a
copy of a petition opposed to the ordinance.
The following individuals spoke in opposition to the proposed ordinance to prohibit
vehicular traffic on the beach in front of the Padre Island seawall: Mr. John Adams, 307
Katherine. Mr. Michael McKutchen. 203 Jackson; and Mr. Johnny French, 4417 Carlton. Mr.
French asked the Council to postpone today's vote or postpone the second reading until the
alter -Times published the answers to eight questions he had posed to the Council regarding this
issue
Mr. Gene Guernsey, 6133 Tarafaya, spoke in favor of the proposed ordinance, saying a
pedestrian beach would benefit the area.
Mr. Noyola said he heard the Holiday Inn Sunspree Resort was going to benefit from
the parking lot. Mr. Utter replied they might possibly benefit because people who were not hotel
guests were parking in their parking lot to access the beach. The City's parking lot would
Minutes Regular Council Meeting
)ctober I I. 2005 Page 29
alleviate this issue by providing an alternative. Other than that, he did not know of any other
'ern fits
Mr. Noyola asked a number of questions in an attempt to gauge whether there was public
consensus on this item. He said he had not received any calls from constituents about this issue.
Mr I'ruan replied that perhaps the residents in his district were unaware of the issue. If they
ere informed, he felt the would express concern because people care about beach access. Mr.
voyola replied that there had been numerous attempts by Mr. French and others to inform the
public_ but no one had responded. He felt if his residents were concerned, they would have
_ontacted him by now.
Mr. Scott refuted the comment that the Council was trying to ramrod this ordinance
Through without a consensus. He said the plan to prohibit vehicular beach access and build a
parking lot was discussed during the Packery Channel election and during the creation of the
111- and both issues were brought before the electorate and passed. He felt it was time to stop
:he delays and take a vote on the issue. Mr. Scott asked Mr. Utter what would happen if the
proposed ordinance were approved. Mr. Utter replied the city would submit the changes to its
Reach and Dune rules to the GLO for consideration. and the GLO process would allow for more
public input into the issue Mr. Scott spoke in favor of the proposed ordinance.
Mr. Marez asked why the City had not seen the type of development on North Padre
island that other cities have had on their beaches. Mr. Utter replied that North Padre Island did
lot have fully funded developers, but this was changing because of Packery Channel. Mr. Marez
asked what safeguards if any were in place to prevent more beach closures to vehicular traffic
from taking place. Mr. t_"tter replied that it was up to the Council to decide on other beach
closures. To his knowledge, city staff had no plans to recommend other areas for beach closure
vehicular traffic. Mr. Marez said he was open to hearing more public input on the issue. He
,aid the Council could opt to change their vote during the second reading, and he would look for
.1 compromise measure if possible to address the concerns.
Mr. Noyola apologized to Mr. French if he suggested that his efforts to inform the public
about the issue were ineffective. City Secretary Chapa polled the Council for their votes as
follows:
4F FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront
Management and Construction. regarding the elimination of vehicular traffic on the beach
seaward of the Padre Island Seawall, the direction of travel between Whitecap Boulevard
and Padre Balli Park; establishing a pedestrian safe area; providing for penalties; and
providing a delayed effective date
Fhe foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper. Garcia. Kinnison, Marez, Noyola, and Scott, voting
"Ave": Kelly abstained.
Minutes Regular Council Meeting
tct ber 1 1 _ 2005 - Page 30
Mayor Garrett called for the City Manager Report. City Manager Noe reported the
4-,llowing items were scheduled for consideration at next week's Council meeting: end of the
ear budget report. Crime Control District quarterly budget: a number of capital improvement
,tems, including construction items on the Downtown Drainage Improvements project. Mr. Noe
,also distributed the latest update with photos of the Puckery Channel project.
Noting that Item 48, the final report on the 2005 Legislative Agenda, had not been
t:onsidered, Mr. Noe asked if anyone had any questions or concerns. Mr. Scott asked about the
new legislation on declaring emergency evacuations. Mr. Utter replied mayors and county
Fudges were authorized to cal] emergency evacuations. Mr. Noe added that the county judge
supercedes the city's authority on calling an evacuation. Mr. Scott commented that since 80
percent of the people in the county lived in the city. it was odd that the county judge would make
the tinal decision. He asked if this could be changed. Mr. Noe replied the City could try to
amend the legislation during the next session. Mr. titter added that in most of coastal counties,
he residents lived outside the city or the counties were not densely populated. The City of
orpus Christi was an exception. Mr. Garcia thanked Mr t fitter for his efforts.
Mayor Garrett asked Mr. Noe to look at ways to save on fuel consumption in city
chicles due to the rising cost of fuel. He also asked staff to start educating the public that
natural gas prices are going to go up this year. and inform them of any programs available to
.insist them their payments.
Mayor Garrett also asked for an update on street projects, noting that staff had completed
the Horne Road project. City Engineer Escobar replied the final inspection of the Yorktown
Boulevard project was underway. The Laguna Shores project was tentatively scheduled for final
acceptance at the end of the week (weather permitting). The only outstanding item on the
I.aguna Shores project was the installation of mailboxes on the road. Mr. Noe added that a
number of change orders related to these projects would be scheduled for Council consideration
soon Mayor Garrett asked if the pothole crews were working. Mr. Noe replied affirmatively,
hut said the second crew was awaiting the receipt of new equipment.
Mayor Garrett called for Council reports. Mr. Scott asked if the City was going to hold a
debriefing on evacuation procedures for the business community. Mr. Noe said he met with the
'hamber's Infrastructure Committee, which was well attended by the refineries.
\1r. Marez reported a constituent residing at 1301 Melbourne was having an ongoing
problem with wastewater coming into his yard, especially with the odor. Mr. Noe replied that he
would follow up on the problem. Mr. Marez also commented that he enjoyed the Taste of
Dtown event held by the Downtown Management District. It was well attended and a successful
went. indicative of the city's growth
Mr. Kinnison asked for a short memo on the coliseum process. He was concerned that
today's newspaper reported that at least one, if not more, of the potential developers are looking
R the city for guidance on the project. He understood that the City was asking the developers for
their ideas, not the other way around. Mr. Noe answered affirmatively. Mr. Kinnison asked staff
V1inutes - Regular Council Meeting
)etober 11. 2005 Page 3 1
clarify this point with the potential developers. Mr. Noe said he would give Mr. Kinnison a
mento and a copy of the REP.
Mr. Kelly reported that the next town hall meeting would be held on Monday, October
?, at 6:00 p.m. in Miller High School. He also congratulated the Corpus Christi Concert Ballet
their successful Bailando en Aire Libre performance in Cole Park last weekend.
Mr. Noyola said he also attended the Taste of Dtown event and enjoyed it. He
:'ungratulated the Downtown Management District for their efforts.
Mr. Garcia reminded the Council that to follow the progress of the 25 -acre development
chat Texas A&M University Corpus Christi would be developing with city assistantce for
ultrastructure improvements. He was convinced the city could stimulate economic growth by
expediting infrastructure improvements for private sector developments. He also wished to
discuss the possibility of creating an overlay system of areas suitable for development in the City
. ith Assistant City Manager Margie Rose and Director of Development Services Barbara Holly.
\1r. Noe replied staff was already working on a similar concept.
There being no further business to come before the Council. Mayor Garrett adjourned the
ouncil meeting at 4:12 p.m. on October 11. 2005
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