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HomeMy WebLinkAboutMinutes City Council - 10/31/2006I 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 October 31, 2006, which were approved by the City Council on November 7, 2006. WITNESSETH MY HAND AND SEAL, on this the 7th day of November, 2006. ()\'‘"^^-aaJ75\—_ Armando Chapa City Secretary SEAL PRESENT M or Henry Garrett Mayor Pro Tem Mark Scott Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison *John Marez Jesse Noyola ABBENT Melody Cooper *arrived at 10:07a.rn. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 31, 2006 - 10:00 a.m. City Staff: Assistant City Manager Oscar Martinez 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 Michael Mantz of Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Jerry Garcia. Mayor Garrett called for approval of the minutes of the regular Council meeting of October 17, 2006. A motion was made, and passed to approve the minutes as presented. ************ Mayor Garrett called for consideration of the consent agenda (Items 2 -15). City Secretary Chapa announced that Councilmember Noyola would be abstaining from the vote and discussion on Items 7 and 8.d. and Councilmember Kelly would be abstaining from the vote and discussion on Item 9. Mr. Dan Caballero from the audience and Council Member Jerry Garcia requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes on the consent agenda as follows: 2.a. MOTION NO. 2006-342 Motion authorizing the City Manager or his designee to accept a grant in the amount of $95,400 from the Department of Homeland Security for funding eligible under the FY 2006 Port Security Grants Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. Minutes — Regular Council Meeting October 31, 2006 — Page 2 2.b. ORDINANCE NO. 027028 Ordinance appropriating $95,400 from the Department of Homeland Security in the No. 1061 Police Grants Fund to purchase law enforcement equipment for the Police Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. RESOLUTION NO. 027029 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $20,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, and conduct an emergency response exercise, with a City soft match of $4,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. RESOLUTION NO 027030 Resolution authorizing the City Manager or City Manager's designee to execute an Interlocal Cooperation Agreement with Texas A&M University -Kingsville in the amount of $425,000 for an air quality research and planning program, which includes air quality monitoring and modeling projects, and development of an emissions inventory for the Nueces and San Patricio Counties area. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 5. MOTION NO. 2006-343 Motion authorizing the Director of the Public Health District to execute an agreement with the Texas A&M University System Health Science Center -Coastal Bend Health Education Center to provide community health education for diabetes in the amount of $63,436 in the No. 1066 Health Grants fund for diabetes prevention and management services. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, KeIIy, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 6. MOTION NO. 2006-344 Motion authorizing the Director of the Public Health District or designee to execute an agreement with Texas A&M University -Corpus Christi relating to a plan for responding to an act of bioterrorism. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. Minutes — Regular Council Meeting October 31. 2006 — Page 3 MOTION NO. 2006-345 Motion authorizing the City Manager or his designee to amend the Cooperation Agreement between the City of Corpus Christi and Del Mar College to include an additional carry over amount of approximately $21,901 from the FY 2005 Community Development Block Grant (CDBG) Program to the FY 2006 Community Development Block Grant (CDBG) Program to provide small business assistance and administration. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Cooper and Marez were absent; Noyola abstained. 8.a. MOTION NO. 2006-346 Motion authorizing the City Manager or his designee to amend the scope of work, reinstate and extend the term of the agreement through July 31, 2007, and move the project location from 2020 Marguerite to the corner of Marguerite and 18th Street for Neighborhood Centers of Corpus Christi with funds provided from the FY 2002 and FY 2005 Community Development Block Grant (CDBG) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 8.b. MOTION NO. 2006-347 Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 1906 Leopard Street to 1919 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY 2005 and FY 2006 HOME Investment Partnerships (HOME) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 8.c. MOTION NO. 2006-348 Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 1906 Leopard Street to 1919 Leopard Street for Corpus Christi Metro Ministries, Inc., with funds provided from the FY 2005 and FY 2006 Community Development Block Grant (CDBG) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 8.d. MOTION NO. 2006-349 Motion authorizing the City Manager or his designee to amend the scope of work and move the project location from 2822 Nogales to 702 12th Street for AVANCE, Inc., with funds provided from the FY 2005 Community Development Block Grant (CDBG) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Scott, voting "Aye"; Cooper and Marez were absent; Noyola abstained. Minutes — Regular Council Meeting Oetober 31, 2006 — Page 4 10. MOTION NO. 2006-351 Motion authorizing the City Manager or his designee to execute Change Order No. 10 to the Antelope/Salt Flats Area 36"/48" Wastewater Gravity Interceptor Line contract with George Construction, Inc. of Houston, Texas in the amount of $122,126.38 for the following: Part A - emergency repairs on Doddridge Street and Part B - the bore under the Crosstown Expressway The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 11.a. ORDINANCE NO. 027031 Ordinance appropriating $414,623.50 interest earnings in Fund No. 3411B Street 2000 Capital Improvement Program Fund and $244,556.84 interest earnings in Fund No. 3540 Street 2001 Capital Improvement Program Fund for street improvement projects; and amending the FY 2006-2007 Capital Budget adopted by Ordinance 026997 by increasing appropriations by $659,180.34. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 11.b. MOTION NO. 2006-352 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $687,660 for the Street Overlays City-wide Project to add the Whitecap Boulevard Sidewalk Improvements FY 2006 project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 12.a. MOTION NO. 2006-353 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Hogan Development Company, L.P., owner and developer of San Sebastian at Terra Mar Subdivision located on the Cayo del Oso south of future Wooldridge Road right-of-way for the installation of 3,550 linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 12.b. ORDINANCE NO. 027032 Ordinance appropriating $142,776.31 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the Hogan Development Company, L.P. reimbursement request for the installation of 3,550 linear feet of 12 -inch PVC grid main to develop San Sebastian at Terra Mar Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye": Cooper and Marez were absent. Mkutes — Regular Council Meeting October 31, 2006 — Page 5 13.a. MOTION NO. 2006-354 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Hogan Development Company, L.P., owner and developer of San Cristobal at Terra Mar Subdivision located at the end of Oso Parkway for the installation of 915 linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 13.b. ORDINANCE NO. 027033 Ordinance appropriating $36,065.37 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the Hogan Development Company, L.P. reimbursement request for the installation of 915 linear feet of 12 -inch PVC grid main to develop San Cristobal at Terra Mar Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote. Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 14. ORDINANCE NO. 027034 Ordinance abandoning and vacating a 1,350 -square foot portion of a 10 -foot wide utility easement out of Lots 8-9, Block 2, Koolside Addition; located adjacent to and just north of the McArdle Road Right -of -Way, between Dorthy Drive and Lum Avenue; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. 15. ORDINANCE NO. 027035 Ordinance abandoning and vacating a 1,057 -square foot portion of a 10 -foot wide utility easement out of Lot 1, Block A, Lear Annex, located at the northwest corner of the Holly Road and Kostoryz Road Intersection; subject to compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 9 regarding the Packery Channel South Parking Lot Improvements, Phase 2 project. Mr. Dan Caballero spoke regarding the bid process and irregularities in the low bid. Discussion ensued regarding waiving irregularities in the bid proposal submitted by Phoenix Irrigation, LP. Council Member Garcia made a motion seconded by Council Member Noyola to not waive bidding irregularities and to award the contract to Fox Nursery. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting October 31, 2006 — Page 6 9- $84,137.50 for the Packery Channel South Parking Lot Landscaping Improvements, Phase 9. MOTION NO. 2006-350 - • - Motion authorizing the City Manager or his designee to execute a landscaping and irrigation construction contract with Fox Nursery of Corpus Christi, Texas in the amount of $92,865 for the Packery Channel South Parking Lot Landscaping Improvements, Phase 2-2006 for the Base Bid and Additive Alternates AA -1, AA -2, and AA -3. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent; Kelly abstained. *********** Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0906-02, Mirabal Development Group, L.C.: A change of zoning from a "R-1 B" One -family Dwelling District to a "R-2" Multiple Family Dwelling District/"PUD-2" Planned Unit Development Overlay, Bass Subdivision, Block 28, Lots A, B, C, D and E, located on the north side of Sandra Lane, approximately 1,000 feet east of Airline Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "R-2" Multiple Dwelling District and approval of a "PUD -2" Planned Unit Development Overlay on the existing "R -1B" One -family Dwelling District subject to site plan for 75 townhouses and five conditions. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 027036 Amending the Zoning Ordinance, upon application by Mirabal Development Group, by changing the zoning map in reference to the Bass Subdivision, Block 28, Lots A, B, C, D, and E from "R -1B" One -family Dwelling District to "R-1 B" One -family Dwelling District with a "PUD -2" Planned Unit Development 2 Overlay, subject to a site plan and five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye Cooper was absent. Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting October 31, 2006 — Page 7 Case No. 0806-05, 3920 South Park Plaza, LLC: A change of zoning from a "R-1 B" One - family Dwelling District to a "B-1" Neighborhood Business District at South Park Subdivision, Lot 17, Block 10, located at the intersection of Weber Road and Delphine Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "B-1" Neighborhood Business District and in lieu thereof, approval of a Special Permit for a parking lot to the adjacent shopping center subject to submitted site plan and twelve conditions. No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 027037 Amending the Zoning Ordinance, upon application by the 3920 South Park Plaza, LLC, by changing the zoning map in reference to South Park Subdivision, Lot 17, Block 10, (currently zoned "R-1 B" One -family Dwelling District) by granting a Special Permit for a parking lot to the adjacent shopping center, subject to a site plan and twelve conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 18, a public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. h -ma Caballero, Director of Economic Development, reported that staff was recommending allocations to the following four companies to forward to the Office of the Govemorforallocations for Commercial Revitalization Deductions: Hayden and Partners, LLC, two (2) to LTL Holdings Ltd., and Scott Electric Company. A motion was made, seconded and passed to open the public hearing. No one appeared in opposition to the public hearing. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as fol4ows 18.b. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 19 regarding the City's legislative program for the 80th Legislative Session and to support legislation to increase funding for the Texas Recreation and Parks Account Local Park Grant Program and the Texas State Park System. Sally Gavlik, Director of Parks and Recreation, presented this agenda item. Minutes — Regular Council Meeting October 31, 2006 — Page 8 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. Resolution of the City of Corpus Christi City Council requesting that the members of the 80th Legislative Session of the State of Texas support legislation increasing funding for the Texas Recreation and Parks Account Local Park Grant Program (TRPA) and the Texas State Park System; and requiring that all Texas Recreation and Parks Account Local Park Grant Program (TRPA) funded park projects be subject to the established Texas Parks and Wildlife Department (TPWD) competitive scoring system. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 20 regarding lease agreements with the Yachting Center of Corpus Christi, LLC at the Marina. Peter Davidson, Marina Superintendent, stated that the Yachting Center, formerly the Sailing Center, has been a marina tenant since 1983 and would like to relocate from the Coopers Alley L -Head to the Peoples Street T -Head Boardwalk. The project would include the replacement of rotted pilings along the north side the Boardwalk, dock walkway replacement to various sections, electrical upgrade, water supply and a sanitary sewage system. Mr. Davidson also provided a breakdown of the marina's boat slip uses and said the lease would enhance the Marina Enterprise Fund by an additional annual revenue of $42,000. Mr. Davidson added that the Yachting Center has agreed to allow the boat show to use their facility as offices during that event. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 027039 Ordinance authorizing the City Manager or his designee to execute a five-year Manna Space Rental Contract with Yachting Center of Corpus Christi, LLC for the use of Slip Spaces No. 54 - 65 of Peoples Street T -Head, for operation of Yachting Center, Sailing School, Charter Boats and related activities, and including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate changes. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye": Cooper was absent. 20.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a fourteen -year six-month Marina Space Rental Contract with Yachting Center of Corpus Christi, LLC for the use of Slip Spaces No. 54 - 65 of Peoples Street T -Head, for operation of Yachting Center, Sailing School, Charter Boats and related activities, and including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate changes; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 21 regarding the Lindale Chenoweth Subdivision Drainage Area Improvements. Angel Escobar, Director of Engineering, explained that this project was combining three separate elements within the Lindale/Chenoweth Subdivision: drainage Minutes — Regular Council Meeting October 31, 2006 -- Page 9 improvements for Phase 1, Part B, which would improve drainage on Alameda to Reid Drive and terminating on Texan Trail; utility improvements as part of the 2004 Bond Issue consisting of total street reconstruction including new curb and gutter, sidewalks and driveway approaches; and ADA compliance improvements on Alameda Street. Mayor Garrett asked for public comment. Bill Kopecky, 3609 Topeka, asked how long traffic disruption would occur on Alameda Street. Mr. Escobar answered construction is estimated to be six months. City Secretary polled the Council for their vote as follows: 21.a. Motion authorizing the City Manager or his designee to award a construction contract to SLC Construction from Conroe, Texas in the amount of $11,300,441.39 for the Lindale/Chenoweth Subdivision Drainage Area Improvements Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 21.b. Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of $72,076 for the Lindale/Chenoweth Subdivision Drainage Area Improvements Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 21.c. Motion authorizing the City Manager or his designee to execute Amendment No. 7 to the Contract for Professional Services with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of $274,590 for the Lindale/Chenoweth Subdivision Drainage Area Improvements Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 22 regarding the Homeland Security Grant and the election of the use of funding from the Homeland Security Program. Fire Chief Richard Hooks stated that the U.S. Department of Homeland Security annually issues grants to the Division of Emergency Management. Chief Hooks said the second part of the grant is a request by the State for local jurisdictions to fund three state projects including local exercises and law enforcement activities. Chief Hooks said staff is recommending that Council accept the election to provide the State with funds for the State-wide exercises that the City participates and reject the election of funds for the two law enforcement state-wide activities with monies returning for City uses. Police Chief Bryan Smith stated that he agreed with the distribution of these funds and that other cities are following suit. City Secretary Chapa polled the Council for their vote as follows: Minutes — Regular Council Meeting October 31, 2006 — Page 10 22.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $697,039.45 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Marez, and Noyola, voting "Aye"; Cooper, Kinnison and Scott were absent. 22.b. Ordinance appropriating $697,039.45 from the Division of Emergency Management, Office of the Governor, in the No. 1062 Fire Grants Fund to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Cooper, Kinnison and Scott were absent. 22.c. Resolution authorizing the City Manager or his designee to execute the election regarding State use of HSGP funding for statewide local projects to allow the State of Texas to utilize Homeland Security Grant Funds for regional exercises and to reject the election for the use of local funds for TDEX implementation, and live scan implementation. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Cooper, Kinnison and Scott were absent. Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 23 regarding the Corpus Christi Convention and Visitors Bureau Quarterly Report. Foster Edwards, Chairman of the CVB gave a brief overview of the current activities including a planning reeat of the board, the presentation booklet, and upcoming events. Keith Arnold, CEO of the Convention and Visitors Bureau, discussed the scope of services provided under contract and the marketing initiatives that are being instituted. Mr. Arnold reported on the how the CVB achieved solicitation of organizations to conduct events in the City; the support services provided to conventions including housing services and personnel assistance; promotion of the City as a year-round destination using on-line travel packages, guides and hosting travel jottrnalists; and advertising. Mr. Arnold also emphasized the services available on the CVB's website Mayor Garrett referred to Item 24 regarding the Crime Control and Prevention District Quarterly Report. Butch Pool, Chairman of the Crime Control and Prevention District reported on the continued focus on Core programs that include the assignment of 50 police officers, the Juvenile Assessment Center and the Pawn Shop Detail; the commitment to a 10 -year renewal to go to the voters in the April 2007 election; and the financial overview of the district. Mr. Pool added that the district recently approved a one-time expenditures using fund balances for the graffiti eradication truck, PC Patrol Car and five replacement marked patrol vehicles. Chief Smith briefed the Council on the graffiti eradication truck which included an estimated cost of $85,000, the estimated operation costs, and its functions. He reported on the uses of the PC Patrol for educational purposes and interacting with the community. Chief Smith said the five replacement marked patrol vehicles will assist in bringing down the overall mileage of the fleet. He emphasized the Crime Control's main programs including: pawn shop detail detailing statistics and Minutes — Regular Council Meeting October 31, 2006 — Page 11 staffing; director patrol program, Campus Crime Stoppers; the Juvenile Assessment CenterAnnual Report Data; and the Holiday Initiative with crime prevention messages on water bottles distributed along the mall areas In response to Mr. Chesney, Chief Smith stated that the fund balance was projected over a ten-year period to support costs for increase in expenditures related to salary increases, elections and replacement vehicles. Council members spoke in favor of the graffiti program. ********* Mayor Garrett called for a brief recess to present proclamations. ************* Mayor Garrett called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the policy of annual backflow inspections. Mary Lou Berven, 314 Meldo Park expressed her concerns of zoning enforcement issues related to a boarding house in a residential neighborhood. *.*********** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 27. Executive session under Texas Govemment Code Section 551.071 regarding contemplated litigation by Ralph Guillen for injuries resulting from an accident occurring on November 29, 2005 and discussion of a settlement offer, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 27. MOTION 2006-359 Motion authorizing the City Manager or his designee to execute documents settling the claim of Ralph Guillen for the injuries resulting from an accident occurring on November 29, 2005, fora total sum of $87,500. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Chesney, Cooper, Kinnison and Scott were absent. ********** Mayor Garrett referred to Item 25, Fourth Quarter Report of the Health Benefits/Risk Management Fund. Cynthia Garcia, Director of Human Resources, provided a power point presentation on this item including statistics on medical health and pharmacy claims, workers' compensation claims, and general liability claims. Council members asked questions regarding ways to lower premiums for employees and retirees and also requested a comparison of other cities of relative size. Minutes — Regular Council Meeting October 31, 2006 — Page 12 Mayor Garrett referred to Item 26, Animal Care Services Update. Assistant City Manager Margie Rose introduced Kelli Copeland as the new program manager for Animal Care. Ronnie Sepulveda, Acting Division Manager, presented information regarding animal care services hours of operation, current staffing and number and types of calls being made to the Animal Care Services Department. Council members requested a cost analysis for the animal care facility to be opened 7 days a week and expressed their support. Mr. Sepulveda noted that future goals include computerized vehicles for animal care officers, a Tong -term adoption facility, assistance with dispatching, better education for the community and increase marketing of programs. Council members asked questions regarding staff education, training and certification. *********** Mayor Garrett called for the City Manager's report. Assistant City Manager Martinez announced that the NIP Program and the Park and Recreation department would be holding a celebration at Garrett Park, 2120 Houston, on Saturday, November 4th from 11:00 a.m. to 2:00 p.m. to celebrate the NIP pilot areas bounded by Gollihar, Port, Greenwood and Crosstown. Mr. Martinez welcomed Rebecca Huerta as the Interim Assistant to the City Manager. Mayor Garrett called for Council concerns and reports. Mr. Marez expressed concern regarding vacant vehicles on the street by Tinseltown Movie Theatre and at Sarita Street and Horne Road. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:47 p.m. on October 31, 2006. * * * * * * * * * * * * *