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HomeMy WebLinkAboutMinutes City Council - 02/14/2006I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of February 14, 2006, which were approved by the City Council on February 21. 2006. WITNESSETH MY HAND AND SEAL. on this the 21st day of February, 2006. Ar/LY mando Chapa p City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison * John E. Marez Jesse Noyola Mark Scott * Arrived at 10:40 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting February 14, 2006 — 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. The invocation was delivered by Deacon Adelfino Palacios and the Pledge of Allegiance to the United States flag was led by Council Member Scott. Mayor Garrett called for approval of the minutes of the regular Council meetings of January 17, 2006 and January 31, 2006. 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: Coastal Bend Council of Governments Oscar Martinez (Appointed) Richard Hooks (Appointed) Commission on Children and Youth Captain Vidal De La Cerda (Appointed) Committee for Persons with Disabilities Linda Fallwell-Stover (Reappointed) Abel Alonzo (Reappointed) James M. Duerr (Reappointed) Toni Padilla (Reappointed) Park and Recreation Advisory Committee Russell Stowers (Appointed) Weed and Seed Steering Committee Frances E. Garza (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 17). City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on Items 14, 16, and 17. Mr. Garcia requested that Item 8 be pulled for individual consideration. There were no comments from the public. A motion was made, seconded, and passed to Minutes — Regular Council Meeting February 14, 2006 — Page 2 approve Items 3 through 17, constituting the consent agenda, except for Item 8, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3 MOTION NO. 2006-030 Motion approving a supply agreement for approximately 118,000 pounds of drop -on type glass spheres, in accordance with Bid Invitation No. BI -0070-06 from Swarco Reflex, Inc., of Mexia, Texas, based on low bid for an estimated annual expenditure of $31,388. This item will be used by Street Services. The term of the contract is for twelve months with options 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 department in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 4.a. RESOLUTION NO. 026636 Resolution authorizing the City Manager or his designee to accept grant funding in the amount of $10,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime pay within the Police Department and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 4.b. ORDINANCE NO. 026637 Ordinance appropriating $10,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. 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 "Aye". Marez was absent. 5.a. RESOLUTION NO. 026638 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Parks and Wildlife Department in the amount of $69,000 in the No. 1058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump -out System for Dock "E" Peoples Street T -Head, with $23,000 match from the No. 3233 Marina Development Capital Improvement Program Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting February 14, 2006 — Page 3 5 b. ORDINANCE NO. 026639 Ordinance appropriating a $69,000 grant from the Texas Parks and Wildlife Department in the No. 1058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump -out System for Dock "E" Peoples Street T -Head grant. 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 "Aye" Marez was absent. 6 ORDINANCE NO. 026640 Ordinance transferring $3,000 from the No. 1020 General Fund Account No. 202965 to Account No. 13700: and appropriating the $3,000 to pay expenses for "Celebrate Texas 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 "Aye": Marez was absent. MOTION NO. 2006-031 Motion authorizing the City Manager or his designee to reallocate Community Development Block Grant Program funds from the FY2004 Corpus Christi Police Athletic League T. C. Ayers project to the FY2005 Corpus Christi Police Athletic League Ben Garza Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. MOTION NO. 2006-033 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to increase the Advanced Funding Agreement with the Texas Department of Transportation in the amount of $28,864.57 for the Cefe F. Valenzuela Landfill F.M. 70 Drainage Culverts. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 10. MOTION NO. 2006-034 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Zimmerman Construction, of Burnet, Texas in the amount of $32,051 for the Senior Center Improvements Project (CDBG). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting February 14, 2006 — Page 4 11. MOTION NO. 2006-035 Motion approving the temporary closure of Mann Street from Water Street to Shoreline Drive, beginning at 12 midnight, July 14, 2007 through 5:00 p.m. on July 18, 2007 and waiving the associated occupancy fees of Section 53-195 and requirements of Subsections 49-17 (a) and (b), for the 2007 Texas Pecan Growers Annual Conference and Trade Show due to a finding that the event will promote the City and provide sufficient publicity and economic benefit to justify the waiver in accordance with Section 49-17 ( r) of the Code of Ordinances. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 12. MOTION NO. 2006-036 Motion authorizing payment to American Electric Power in the amount of $148,000 street light installation on Spur 3 between Nile Drive and Ocean Drive. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 13. MOTION NO. 2006-037 Motion authorizing the City Manager to execute a Deferment Agreement with Value Place LLC, (Developer), in the amount of $135,941.70 for public improvements including water, wastewater.. paving, and drainage improvements required to plat Value Place Subdivision, located north of SH 358 (South Padre Island Drive) and west of Friendship Drive at West Point Road, in accordance with the Platting Ordinance Section V -Required Improvements, Subsection A.3(b). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 14. ORDINANCE NO. 026641 Ordinance appropriating $2,700,000 from the Federal Aviation Administration Grant No. 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Phase II; Runway 17/35 Shoulders and Blast Pads; Airport Drainage Improvements Phase IV; Terminal Apron at Corpus Christi International Airport. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. Minutes — Regular Council Meeting February 14, 2006 — Page 5 15. ORDINANCE NO. 026642 Waiving the 60 -day waiting period and publication of legal notice; renaming the park at 3010 Sunnybrook from Southside Park to Mike Zepeda Park. (First Reading 01/31/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. 16. ORDINANCE NO. 026643 Authorizing the City Manager or his designee to execute Supplemental Agreement No.1 to Federal Aviation Administration Lease No. DTFA07-04-L-00560 eliminating all references to the Visual Approach Slope Indicator (VASI) and adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 17. (First Reading 01/31/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. 17 ORDINANCE NO. 026644 Authorizing the City Manager or his designee to execute Supplemental Agreement No. 1 to Federal Aviation Administration Lease No. DTFA07-98-L-01123 eliminating all references to the Visual Approach Slope Indicator (VASI) and adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 13 and 0.64 acre for the PAPI serving Runway 31. (First Reading 01/31/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, and Scott, voting "Aye"; Marez was absent; Noyola abstained. Mayor Garrett opened discussion on Item 8 regarding the Water System Interactive Hydraulic Model and Analysis project. Mr. Garcia stated that a Flour Bluff resident was concerned that the proposed project would damage a number of ancient trees on her property. Assistant City Manager Ron Massey replied that Mr. Garcia was referring to the Southside Transmission Main project, and this item was not related to that project. Mr. Garcia withdrew his question. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2006-032 Motion authorizing the City Manager or his designee to execute Amendment No. 6 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $866,302 for a total re -stated fee of $3,940,767 for the Water System Interactive Hydraulic Model and Analysis to include the City-wide Water Distribution Master Plan Update. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting February 14, 2006 — Page 6 * * * * * * * * * * * * * Mayor Garrett referred to Item 18, and a motion was made, seconded, and passed to open the public hearing on the following right-of-way closure: 18.a. Public hearing to consider abandoning and vacating a 7,215 -square foot portion of the Eden Lane public right-of-way, out of Lot 3,Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540 -feet east of the McBride Lane street right-of-way and north of IH 37. No one spoke in opposition to the right-of-way closure. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 18.b. FIRST READING ORDINANCE Abandoning and vacating a 7,215 -square foot portion of the Eden Lane public right-of- way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540 -feet east of the McBride Lane street right-of- way and north of IH 37; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 19, and a motion was made, seconded, and passed to open the public hearing on the following issue 19.a. Public hearing in connection with the issuance by the Colorado Educational and Cultural Facilities Authority of its tax exempt obligation for the benefit of the Educational Media Foundation in the aggregate principal amount of approximately $16,500,000. No one spoke in opposition to the issue. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 19.b. RESOLUTION NO. 026645 Resolution of the City of Corpus Christi, Texas approving the issuance of tax exempt obligation by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation as required by Section 147 (f) of the Internal Revenue Code of 1986, as amended. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting February 14, 2006 — Page 7 Case No. 0106-01, Al Development, Inc.: A change of zoning from a "F -R" Farm Rural District to a "R -1B" One -family Dwelling District. The property is 47.87 acres out of Lots 3-6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 900 feet west of Airline Road along future Lipes Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of a "R -1B" One -family Dwelling District. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 026646 Amending the Zoning Ordinance, upon application by Al Development, Inc., by changing the zoning map in reference to 47.87 acres out of Lots 3 through 6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm Rural District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye": Marez was absent. ************* Mayor Garrett opened discussion on Item 21 regarding a grant from the Morris L. Lichtenstein Jr. Foundation to establish a Spay and Neuter Program. Mr. Harry L. Marks, Lichtenstein Foundation president, reported that Ms. Susan Thiem, Animal Control Advisory Committee chairman, approached the foundation a year ago with a funding proposal for a spay and neuter clinic. She also provided a report supporting the need to control unwanted animals in the city. After visiting the city's animal care facility and meeting with city staff, he said the foundation accepted Ms. Thiem's proposal, agreeing to provide $244,000 in funding for the facility. Mr. Marks stated the $244,000 would be used to defray the facility's capital costs as well as fund one year's salary for the facility's employees. Given Mr. Morris L. Lichtenstein Jr.'s support for animal causes during his life, Mr. Marks said the foundation was pleased to assist the city with this endeavor Mr Chesney thanked Mr. Marks and the foundation for their generous gift, saying that the spay and neuter clinic would address a tremendous need in the city. He also thanked Ms. Thiem for efforts. Ms. Susan Thiem, Animal Control Advisory Committee chairman, made a brief statement regarding the city's progress in addressing the unwanted animal problem. She also stated that the Animal Control Advisory Committee recommended a three -pronged approach to the problem as follows: intense public education; enforcement of city ordinances by the Animal Care Center and the Police department: and a large scale, low cost spay and neuter program. Ms. Thiem stated a spay and neuter clinic because it would enhance the animal care officers' ability to enforce the city's spay and neuter ordinance. According to the ordinance, passed in December 2004, spaying and neutering was required for all trapped roaming animals, all impounded dogs (on the first impound if unvaccinated; on the second impound if vaccinated), Minutes — Regular Council Meeting February 14, 2006 — Page 8 and all animals adopted from shelters. Ms. Thiem said the animal care facility currently issued a $25 voucher fee toward spaying and neutering for an adopted animal, yet few of the vouchers were ever redeemed. Consequently, one of the benefits from an on -premises clinic would be 100 percent compliance for adopted animals, which would be spayed and neutered before leaving the facility. Ms. Thiem cited a number of additional benefits, such as man-hour savings, prevention of unwanted litters, and low-cost spay and neutering services. She concluded that the Animal Control Advisory Committee unanimously recommended the establishment of a low- cost spay and neuter clinic at the city's animal care facility. Ms Cooper spoke in support of the spay and neuter clinic, and thanked the foundation for their donation. Mr. Scott thanked the foundation for their generous donation. He pointed out, however, that the city would be responsible for funding the project beginning in FY 2006-07. Although he would no longer be serving on the Council in 2006-07 because of term limitations, he nevertheless spoke in support of the continued funding. He said the city manager supported the project, and he hoped the Council concurred. City Manager Noe replied that staff anticipated that the clinic would generate revenues to partially offset the operation costs. Staff was developing a cost analysis now. and would report to the Council upon completion. Mr. Garcia also thanked the foundation for their generous donation. He told Mr. Noe that the spay and neuter clinic was vitally important to the area, and he would like to see the clinic's operational costs included in the FY 2007 budget. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 026647 Resolution authorizing the City Manager or his designee to accept a grant from the Morris L. Lichtenstein Jr. Foundation in the amount of $244,000 to establish a Spay and Neuter Program and to authorize the City Manager or his designee to execute an agreement with the Foundation for that purpose. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 22, a presentation on the results of the 2005 Citizen Satisfaction Survey, given by Dr. Dan Jorgensen with Texas A&M University -Corpus Christi. Dr. Jorgensen stated the purpose of the survey was to report on the citizen attitudes toward the city's performance in 41 various service areas, such as public safety, transportation, parks and recreation, housing, public health, and social services. Dr. Jorgensen, in conjunction with Texas A&M -CC's Social Science Research Center, had conducted the survey for the past four years. This year, he said his sample size was 430 people and the margin of error was +1- five percent. According to survey results, Dr. Jorgensen stated that approximately 76 percent of citizens felt the overall quality of city services was favorable (good to excellent). When studying survey data collected between 1994 to 2005, he said an upward trend in favorable attitudes toward government appeared to be emerging. He noted, however, that since he was not involved in collecting the data from 1994 to 2001, he could not vouch for its accuracy. Minutes — Regular Council Meeting February 14, 2006 — Page 9 Dr. Jorgensen discussed the services that rated particularly high in satisfaction as follows: emergency medical services; fire protection; airport services (new); gas service; garbage collection; water services; wastewater service; quality of residential areas; recycling; and library services. In general, he said these services rated highly in most cities. Additionally, he said the scores were placed on a 100 -point scale for comparison with other ICMA citizen surveys. Dr. Jorgensen covered the services that rated particularly low in satisfaction levels as follows: enforcement of vacant building ordinances; road conditions; attracting new employers to the community; enforcement of weed ordinances; enforcement of litter ordinances; street repair and maintenance; new street construction; helping existing employers to grow; street sweeping; and animal control. Dr. Jorgensen listed the ten services with the top growth in satisfaction rates in 2005 compared with 2004 as follows: juvenile crime prevention (up 36.73 percent from last year); helping existing employers to grow (33 percent); storm drainage (27 percent); requiring property owners to maintain property (25 percent); keeping citizens informed (24 percent); quality of residential neighborhoods (23 percent); library services (22 percent); and protection of water supply from pollution (22 percent). Dr. Jorgensen stated that only three services exhibited a statistically significant growth in negative attitudes in 2005 compared with last year as follows: new street construction, garbage collection, and brush collection. Dr Jorgensen stated that as a researcher, he was interested in investigating what factors were driving citizen attitudes toward services. Of the factors studied, he said that age, education, gender, and amount of city contact appeared to have significant positive and negative effects on attitudes. Education had the most significant positive affect on attitudes; the more educated the individual, the more favorable his or her attitudes were towards city services. Age had a similar positive affect on attitudes. Women had more favorable attitudes regarding city services than men did By contrast, the more contact a citizen had with the city, the more negative their attitudes toward city services. Dr. Jorgensen also studied various attitudes toward public safety. He said 17 percent of citizens reported being a crime victim in the past year. Of these individuals, 93 percent said they reported all crimes against them, up six percent from last year. Dr. Jorgensen covered stated that overall impressions of city employees were 75 percent favorable. He said 75 percent of respondents stated that they had gotten what they needed. Dr. Jorgensen briefly discussed attitudes toward city business practices, city intergovernmental relations, public policy issues, and city Internet usage. (*John Marez arrived at 10.40 a.m.) Finally, Dr. Jorgensen said most respondents said they received information about the city through television (91 percent) and newspaper (83 percent) reports, and most preferred to receive information through these media. Mr. Noyola asked if survey results were available by council district. Dr. Jorgensen answered negatively, saying that they had tried providing results by district in the past, but the Minutes — Regular Council Meeting February 14, 2006 — Page 10 majority of respondents did not know what district they resided in when asked. Thus, he said the survey results were provided by zip code. To obtain representative numbers from each district, he said he would have to use a different sampling frame and increase the number of respondents per district. City Manager Noe added that the purpose of the data was to provide general input on how the city was providing services; it was not intended to provide results at the council district level. He said the information was valuable in part because it allowed staff to track attitudes over time and to find trends. He said staff could try to accommodate Mr. Noyola's request for more specific geographic information in future polls. Mr. Marez thanked Dr. Jorgensen and Dr. Rios, who were his public administration professors at Texas A&M University- Corpus Christi, for administering a strong graduate program. He also asked staff to put more resources towards those areas rated poorly in the survey results. Mr. Scott was concerned about the low satisfaction levels with garbage collection, job creation, and streets and roads. Mr. Noe replied that only 16 percent of respondents were dissatisfied with garbage collection service, a two percent increase from last year. He noted that this growth rate was within the margin of error, so it was not statistically significant. Regarding job creation, Mr. Scott noted that the city had recently held an economic summit to discuss the issue and develop a plan. Regarding streets and roads, City Manager Noe said street maintenance and reconstruction was a top priority. Street improvements required a substantial amount of resources, and while the city was allocating monies for this purpose, it was a long-term project that would not be solved overnight. He also noted that new street construction was also on the unfavorable list, and staff needed to improve in this area. Mr. Scott thanked staff for the In conclusion, Dr. Jorgensen commented that if the Council wanted more detailed data, staff could contact the Texas A&M University -Corpus Christi MPA and CPM graduate programs, whose students sought opportunities for research projects throughout the academic year. Mayor Garrett asked how often staff inventoried the city's streets. Assistant City Manager Ron Massey replied the street pavement conditions were assessed annually to determine which streets needed repairs or replacement. Due to a lack of funding, Mr. Massey said the majority of the repairs were made on an emergency basis rather than proactively. In response to Mayor Garrett's question, Mr. Massey stated in the Bond 2004 issue, staff had looked for opportunities to couple street repairs and reconstruction with other utility projects to pool resources. City Manager Noe thanked Dr. Jorgensen and the Texas A&M- Corpus Christi for heading the citizen survey for the past four years. He also said the city had built a great relationship with the MPA program by sponsoring a number of internships every year, which would benefit the community in the long term. ************* Mayor Garrett called for the city manager's report. City Manager Noe reported that the city was instituting a new program called the Citizen University on March 22. Designed to help citizens actively learn how the city functioned, the program would be comprised of 30 citizens selected through an application process. Mr. Noe thanked everyone who participated in the successful City Hall in the Mall program last weekend. Minutes — Regular Council Meeting February 14, 2006 — Page 11 On Monday, Feb. 22 at 6:00 p.m., Mr. Noe said the city would hold an open forum on a proposed open container ordinance requested by local businesses and the CCPD. Finally, Mr. Noe reported that next week's agenda would include an item on the new Southside Library project proposals. Mayor Garrett congratulated city staff, SMG, and the marina for their efforts on the bowlers convention. He said he had received many positive compliments about the city's professionalism and hospitality. Mayor Garrett called for Council reports. Mr. Chesney complimented Mr. Noe and city staff for the City Hall in the Mall, saying that he hoped the city would hold the event again. Mr. Marez announced that the next town hall meeting would be held on Monday, February 20, at Casa Linda Elementary in District 2. He also encouraged non-profit organizations to continue to contact him regarding his offer to donate his Council salary. Finally, he asked City Manager Noe to dispatch staff to 1301 Melbourne regarding an ongoing problem with their sewer system. Mr. Scott asked for an update on the proposed Knucklehead's restaurant location on the corner of Santa Fe and Leming Streets. City Manager Noe replied staff had reviewed and approved their parking plan, and was currently reviewing his proposal for vertical remodeling. Mr. Scott asked staff to be diligent during the permitting process for this establishment to ensure the application met the zoning requirements. Mr. Scott stated the parking issue was crucial to the neighborhood because Citko's Deli, an adjacent restaurant, lacked sufficient parking so patrons parked along the neighborhood streets. Since the Knucklehead's downtown location was a popular motorcycle bar, he emphasized that this would be unacceptable for their proposed second location in the Santa Fe residential area. He reminded the Council that residents in another area frequently complained about noise associated with a motorcycle bar in their vicinity, and in hindsight, the city should not have permitted the bar in that location. Mr. Scott was also opposed to granting the establishment a liquor license. Mr. Scott provided an update on the Island Foundation's request to acquire city parkland for a proposed school expansion. Thanks to the efforts of the Council, staff, and area residents, the Island Foundation found a landowner that was willing to donate his property for their project. Mr. Scott asked Mr. Noe to e-mail the Council the dates that the UDC and the Storm Water Master Plan would be scheduled for their consideration. Mr. Scott asked for an update regarding the riding stables on the Island. He understood that the owner had moved 75 horses onto the property yesterday, an inappropriate use in that zoning district. He asked staff to diligently follow the case to ensure proper compliance. Ms. Barbara Bailey Holly, Director of Development Services, said she had spoken with the gentleman and his attorney, Mr. John Bell, about the compliance issues and would continue to do so. Mr. Scott reported that residents expressed concern about a rehab facility located at 326 Meldo Park. He understood that 24 or 25 individuals were residing in the home, and asked staff to promptly investigate. Minutes — Regular Council Meeting February 14, 2006 — Page 12 Mr. Garcia thanked the city manager and staff for holding the City Hall in the Mall event. Regarding the proposed entertainment district re -use of the Memorial Coliseum, Mr. Garcia stated the city's negotiations with TRT Holdings were only a starting point for the public dialogue. He suggested that TRT Holdings use this opportunity to sell their project to the community directly, stressing that the Council and staff were not required to do this. Mayor Garrett replied he understood that TRT Holdings had begun meeting with area residents about their project. Mr. Noe added that he had asked Assistant City Manager Oscar Martinez to ensure that TRT Holdings met with all the adjoining property owners. Mr. Scott added that Mr. Charnquist, who was developing a major apartment complex in the area, supported the entertainment district proposal and had been in contact with TRT Holdings. Mayor Garrett asked Mr, Noe to keep the public informed on the project to combat any inaccurate information. Ms. Cooper announced that the local Wi-Fi Summit was scheduled on February 22 at Texas A&M University — Corpus Christi. The summit would explore the economic benefits of Wi-Fi and how to proceed with the initiative. She asked about city efforts to market the summit. Mr. Noe replied staff envisioned a more intense dialogue on the topics, and thus compiled an invitation list of 70 individuals. Ms. Cooper asked if the summit was open to the public. Mr. Noe stated that interested individuals could contact the Economic Development department for more information Mr. Noyola emphasized the importance of keeping the public informed about the TRT Holdings proposal, and of providing opportunities for public input. Mayor Garrett replied the Council was committed to maintaining a transparent process on the issue. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton Street, stated that on January 10, he submitted a request for information on the Packery Channel project under the Public Information Act, yet he had not received a response. He said he submitted a copy of the request to Mr. Chapa during a Council meeting, and asked that copies be made and distributed to the Council. He asked for a response before March 21. Mr. Chapa recalled processing a lengthy letter received in the Mayor's Office a week after that date. He said he would look into the matter and report to the Council and Mr. French. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding his concern that the city had terminated the Internal Audit department, and speculated that this was the reason why the city could not complete its Comprehensive Annual Financial Report (CAFR) by the state deadline. Mr. Noe replied there was absolutely no relationship between the Internal Audit function and the timeliness of the annual audit. Mr. Chesney commented that the Council had asked staff to consider reestablishing the department during the next budget discussion. Mr. Noe replied affirmatively. Mr. Noyola asked when the CAFR was due. Director of Finance Cindy O'Brien replied state law required 120 days for completion, while the Government Finance Officers Association allowed 180 days for completion. He asked why the report wasn't being completed by the state deadline. Ms. O'Brien replied that problems with a software upgrade had delayed the submission this year, but she felt it could be submitted on time in the future. Mr. Noyola emphasized that he felt the report should be submitted on time every year, yet it had been submitted late as long as he had served on the Council. Mr. Noe replied that the GASB 34 introduced a number of changes further complicating the financial reporting requirements. Coupled with the problems related to the PeopleSoft Financials software upgrades, he said staff had been unable to complete the report within 120 days. Mr. Noe stated his preference was Minutes — Regular Council Meeting February 14, 2006 — Page 13 that the report was accurate, and since there wasn't a huge public outcry, he was not concerned. Mr. Chesney spoke in support of city staffs position. The following individuals spoke in opposition to the opening of a Knucklehead's restaurant on the corner of Santa Fe and Leming Streets: Marta Sotomayor, 251 Amistad; Melba Chatham, 222 Rosebud; Cornelius Hayes, 225 Oleander; Rita Watson, 214 Leming; and Nancy Roberts, 210 Leming. Mr. Scott stated that he and some of the Council members planned to write a letter opposing Knucklehead's liquor permit application. He noted that the County Judge was also involved in the liquor license application process, and suggested the residents contact him as well The Mayor called for a brief recess to present proclamations and to conduct a swearing- in ceremony. The Council returned from recess. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:15 p.m. on February 14, 2006. *************